Paragraph 51(3)(a) of the Elections Act provides that every person who accepts or holds any office, commission or employment, permanent or temporary, in the service of the Government of the Northwest Territories, to which any salary, fee, wages, allowance, emolument or profit of any kind is attached during the time that he or she is holding the office, commission or employment is not eligible to be a candidate.

Paragraph 51(4)(d) provides an exception by allowing an employee of the Government of the Northwest Territories to seek a leave of absence from their employment but does not provide the same privilege to a person who is appointed to a board or agency of the government.

The CEO has recommended that all persons named in paragraph 51(3)(a) would be eligible to be a candidate in a territorial election provided that they took a leave of absence from their duties.

Subsequent to the presentation of the report, the CEO sought and received a legal opinion that indicated that the territorial government would not be able to legislate boards and agencies outside of its immediate control to allow candidates to run. Consequently, the CEO asked that this recommendation be removed from consideration by the Standing Committee on Rules and Procedures. Committee members agreed with the CEO's assessment and did not consider offering an opinion on this recommendation.

Mr. Speaker, the Elections Act provides that candidates may withdraw their nomination up to 8:00 p.m. on nomination day. The Northwest Territories and Nunavut are the only jurisdictions that provide for a late-hour withdrawal on nomination day. Other jurisdictions vary on the time that candidates may withdraw their nomination paper. As an example, Canada allows a withdrawal up to 5:00 p.m., PEI until 4:00 p.m. and Nova Scotia until 1:00 p.m. on nomination day.

The Standing Committee on Rules and Procedures notes that there is an associated cost with keeping electoral offices open late to accommodate an 8:00 p.m. withdrawal time. It had no problem with eliminating late hour withdrawals.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the Elections Act be amended to provide that a candidate may withdraw their nomination up to 5:00 p.m. on nomination day.

The Elections Act provides that eligible electors have, from the issue of the writ of the election to the day established by the CEO as revision day, usually the 28th day before polling day, to make revisions to the list of electors. On revision day the returning officer, or the assistant returning officer, is required to be in their office until 8:00 p.m. to receive these additions, changes or deletions.

The standing committee notes that the time period provided by the Chief Electoral Officer is sufficient for electors to make additions, changes or deletions. Consequently the requirement for returning officers to be in their office for an extended period on a specified day is no longer required.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the requirement for the Chief Electoral Officer to designate a specific day as revision day be repealed and be substituted in the Elections Act with the designation of a revision period.

Section 74 of the Elections Act provides that all ballot papers be in the prescribed form and each ballot paper must state the names in alphabetical order of the surnames, numbered sequentially, and must have a counterfoil and stub.

Section 76 of the Elections Act provides that the Chief Electoral Officer shall produce photo placards in the prescribed form containing the names of the candidates in alphabetical order of the surnames, and numbered sequentially, and a photograph of each candidate if provided, and the address and occupation of the candidates. The electorate complained that the photo placards are not always discernible as they are not always close to the voting screens.

The Standing Committee on Rules and Procedures believes that the inclusion of candidates' photographs on the ballot will assist all electors, especially those with low literacy levels and those who have difficulty in identifying the candidates, thus eliminating the need for photo placards.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the Elections Act be amended to provide that the photographs of candidates, who supply photos, appear on the ballot. Furthermore, that the requirement to provide photo placards be discontinued, Mr. Speaker.

The office of the CEO received only one complaint with respect to voting by special mail-in ballot. A student in Calgary noted that it had taken ten days for her mail-in ballot to arrive and wondered how long it took other students to receive theirs. The mail-in ballots were mailed between the 16th and 19th of November, allowing over two weeks for the ballot to be received by the registered elector and to be returned to the office of the Chief Electoral Officer by the December 3rd deadline.

The Standing Committee on Rules and Procedures agrees that the two-week period may be insufficient depending on the location of the registered elector. The committee believes allowing voting by special mail-in ballots to commence at the close of nominations by offering write-in ballots until such time as regular ballots are available would provide additional time to send out and receive ballots cast by mail.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the Elections Act be amended to allow the Chief Electoral Officer to provide write-in ballots for voting by mail.

The introduction of voting in the office of the returning officer makes holding advance polls unnecessary in communities where the returning office is located. A total of 664 electors cast their ballot in the offices of the returning officer. Advance polls were conducted in 22 communities at an estimated cost of $13,000. Removing the requirement to hold advance polls in communities where the returning officer is located would reduce the estimated cost of holding advance polls by approximately $10,000. The standing committee notes that there will still be advance polls in those communities that do not have a returning officer and that there are further cost- savings to be realized by reducing the hours that an advance poll is open.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that advance polls no longer be held in communities where the returning officer is located and that the Elections Act be amended to provide that advance polls be held between the hours of 12 noon and 8:00 p.m.

Significant changes were made to proxy voting provisions in 1997 when the Elections Act was amended in an effort to prevent some of the problems that occurred during the 1995 territorial election in the electoral district of Thebacha and some of the other districts.

Unfortunately, even with the additional restrictions put on proxy voting, this method of voting remains open to abuse. The Chief Electoral Officer identified problems in filing applications and with the issue of the proxy certificates themselves. For the most part, proxy voting was hardly used in the majority of electoral districts. However, major irregularities and questionable practices occurred in the electoral district of Tu Nedhe, which were of particular concern to Elections NWT.

The Standing Committee on Rules and Procedures notes that with the addition of voting in the office of the returning officer, voting by special mail-in ballot and the recommendation to introduce special mobile voting stations, the need for proxy voting no longer exists and should be discontinued.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the Elections Act be amended to eliminate proxy voting.

The Elections Act provides that a returning officer is not able to vote at an election. This provision is there to promote a spirit of non-partisanship and independence of the position of the returning officer. Previously, the act provided the returning officer voted only to break a tie following a judicial recount. However, the Elections Act was amended and now provides that should a tie result after a judicial recount, a by-election would be held.

Further constitutional concerns have been raised with respect to elector rights provided under the Canadian Charter of Rights and Freedoms and the possible infringement of those rights respecting returning officers.

The new Canada Elections Act includes a provision that would allow returning officers to vote at a federal election. The Standing Committee on Rules and Procedures believes that in light of recent changes to territorial and federal legislation, returning officers should have the right to vote in territorial elections.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the Elections Act be amended to permit returning officers to vote at territorial elections.

During the course of the election, returning officers in the electoral districts of Hay River North and Thebacha identified a number of eligible electors who were unable to go to the polls due to a medical condition and/or mobility problems.

The Chief Electoral Officer provided approval, by way of an instruction, for returning officers to transport the ballot box used at the office of the returning officer to electors who were confined to their homes, hospital or care facility. The Local Authorities Elections Act has a provision that allows a returning officer to establish a mobile voting station.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends the Elections Act be amended to allow the returning officer, with the prior approval of the Chief Electoral Officer, to establish a special mobile voting station for eligible electors residing in a hospital, health facility, senior citizen's home or confined to their home for medical or mobility reasons.

Section 213 of the Elections Act provides that no person may, during the hours that the polls are open on polling day, sell, give, offer or provide liquor as defined by the Liquor Act at a licensed premise or other public places. The Northwest Territories and Nunavut are the only jurisdictions in Canada that require the closure of liquor outlets during voting hours on polling day. The office of the Chief Electoral Officer is of the opinion that closure of licensed premises during voting hours is paternalistic, outdated and that the rationale offered to establish such closures is no longer valid and recommends that section 213 be repealed.

The Standing Committee on Rules and Procedures, while understanding the rationalization presented by the CEO, could not support the repeal of section 213 of the Elections Act. Members of the committee pointed out that even though there were no instances of complaints of persons being drunk at a polling station in the last election, the potential for trouble does exist if access to alcohol is readily available.

Higher voter turnout indicates elections in the Northwest Territories are still a significant event. Residents are very interested in the outcomes of elections. Members of the Standing Committee on Rules and Procedures do not believe that the banning of the sale of alcohol for ten hours once every four years places any significant hardship on business owners or tourists.

Elections are important and a time for thought on how to exercise your franchise to best benefit you and your family. Members know that alcohol can influence people's judgment and cause them to make decisions they would not make if they were sober.

The Standing Committee on Rules and Procedures does not support the Chief Electoral Officer's recommendation to allow the sale of alcohol while the polls are open.

The Elections Act provides that the $200 deposit shall be returned to the elected candidate and to the candidates who receive at least 50 percent of the votes polled in favour of the elected candidate. Those candidates receiving less than 50 percent of those votes lose their deposit. The Standing Committee on Rules and Procedures believes that the return of the deposit should be tied to the filing of returns respecting election contributions and expenses in order to influence timely filing of the required return.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the Elections Act be amended to provide that candidates who file their return respecting election contribution expenses within the required 60-day period have their deposit refunded.

The standing committee agrees with the CEO that the Elections Act fails to provide comprehensive direction with respect to election financing and reporting. There is a need for more detailed information, including specific definitions need to be provided to candidates and official agents to assist them in dealing with campaign contributions and expenses.

The Chief Electoral Officer is reviewing election financing in other jurisdictions and will be providing the Standing Committee on Rules and Procedures with recommendations on election financing at a later date.

A number of candidates and electors raised concern with respect to the length of the 45-day electoral event. The candidates felt the period should be reduced but does not put forth any suggestions as to what would be a reasonable period. Returning officers have suggested that the electoral event be reduced by at least one week. The period of an electoral event in other jurisdictions ranges from a low of 21 days to a high of 45 days. The Standing Committee on Rules and Procedures agrees that the electoral event is lengthy and should be reduced. Committee considered a number of issues that need to be taken into account in arriving at an adequate election period. The impact of a permanent list at the time required for mail-in ballots and supplying election material through remote communities all need to be considered.

In reviewing the Chief Electoral Officer's other recommendations relating to the electoral event, the standing committee believes the initial recommendation to shorten the electoral event to 35 days could be further reduced to 28 days.

The Standing Committee on Rules and Procedures instructed the Chief Electoral Officer to develop a 28-day electoral event calendar for examination by the committee. The Standing Committee on Rules and Procedures has reviewed the timeline for a 28-day event and sees no reason that it would not be successful.

Mr. Speaker, the Standing Committee on Rules and Procedures recommends that the Elections Act be amended to provide the length of an electoral event should be 28 days.