Thank you very much, Mr. Speaker.
4. Review Of The Recommendations From The
Chief Electoral Officer
On December 15, 2008, the Members of the standing committee met with Ms. Saundra Arberry, Chief Electoral Officer, and Patrick Orr, legal counsel for Elections NWT. The Members of the standing committee reviewed the report of the Chief Electoral Officer. The Chief Electoral Officer’s report identified recommendations for amending the Elections and Plebiscites Act. That report describes the recommendations thoroughly. The standing committee considered that advice and has determined its recommendations as follows. The Chief Electoral Officer’s recommendations are described very briefly.
1. Campaigning
a) The prohibition of campaigning within
100 metres of a polling station causes confusion.
•
The distance is large and can
include nearby homes and floors above and below.
•
It does not apply to the office of the returning officer.
•
Sometimes offices and polling
stations are located after candidates’ offices are established and signs are placed.
The Chief Electoral Officer recommended that a 25 metre prohibition apply to campaigning near polling stations and the office of the returning officer, and that the Chief Electoral Officer be authorized to make exceptions.
The standing committee agrees.
b)
The Chief Electoral Officer recommended that the requirements in the law for identifying sponsorship on signs be clarified.
The standing committee agrees that the act should be amended to clarify that the wording has to be visible and legible, and also recommends that the actual wording should be identified in legislation.
c)
The Chief Electoral Officer recommended that the Chief Electoral Officer should have the authority to remove illegal campaign materials and be able to charge those costs to
the candidates who failed to remove the material.
The standing committee agrees that the Chief Electoral Officer should have the authority to remove illegal materials. The standing committee has recommended that additional research on enforcement be undertaken before it can consider a recommendation to charge costs to candidates.
d)
The Chief Electoral Officer recommended that the obligations of owners and managers of multiple dwelling buildings be strengthened to clarify the obligations in order to increase candidates’ access.
The standing committee agrees with this recommendation.
2. Illegal Practices And Corrupt Practices
a)
The Chief Electoral Officer recommended that references to “illegal and corrupt practices” should be referred to as “election offences.”
The standing committee agrees.
b)
The Chief Electoral Officer recommends that the act should be amended to provide a standard disqualification period of five years from the date of conviction for a candidate with a conviction under this act. This recommendation is based on a review of case law.
The standing committee agrees.
c)
The Chief Electoral Officer recommended that the existing voter disqualification for convictions related to elections offences in Canada be removed. The Chief Electoral Officer also recommended that candidate disqualification be based on convictions for elections offences related to the NWT elections legislation, not other elections offences in Canada.
The standing committee agrees that the voter disqualification clauses should be removed.
The standing committee has asked for additional research to be undertaken into whether criminal convictions can disqualify a candidate.
3. Residency
Requirements
a)
The Chief Electoral Officer recommended that the residency requirement be reduced to three months.
The standing committee does not support a change to the residency requirements.
4. Polling
Stations
a)
The Chief Electoral Officer recommended that a designate of the Chief Electoral Officer should be able to be present at a polling station and/or recount.
The standing committee agrees.
b)
The Chief Electoral Officer recommended that only one person representing the candidate or the candidate may remain at a polling station or be present during the count.
The standing committee recommends that the candidate should not be permitted to attend at a polling station, except briefly. The standing committee agrees with the CEO’s recommendation that during the count only one person representing the candidate or the candidate may be present.
c)
The Chief Electoral Officer recommended that candidates take the same oath as polling agents when attending a poll.
The standing committee has recommended that candidates be permitted to attend a poll only briefly, as in Alberta’s Elections Act.
5. Chief Electoral Officer
a)
The Chief Electoral Officer recommends that the term of appointment for the Chief Electoral Officer should increase from four to seven years.
The standing committee recommends that the four-year term remain unchanged. This includes the authority to extend the term up to six months after the term has finished and the authority to reappoint.
b)
The Chief Electoral Officer recommended that the Chief Electoral Officer should have the right to vote.
The standing committee agrees.
6. Privacy Of Voter Information
a)
The Chief Electoral Officer recommended that the clause in the law which requires a written record in the polling book for electors who decline a ballot should be removed.
The standing committee agrees.
7. Nomination
Papers
A.
The Chief Electoral Officer recommended that the nominating process be replaced with a simple declaration and oath.
The standing committee does not agree with this change and recommends no changes be made to this process.
8. Voting
Opportunities
a)
The Chief Electoral Officer recommended that the Chief Electoral Officer be permitted to establish mobile polls in a wider variety of situations.
The standing committee agrees.
b)
The Chief Electoral Officer recommends that the clause in the act be amended so that only the Chief Electoral Officer has the authority to establish an advance poll.
The standing committee agrees.
9. Financial
a)
The Chief Electoral Officer recommends that the financial reporting status of the elected Members, not all candidates, be reported to the Clerk of the Legislative Assembly.
The standing committee agrees.
b)
The Chief Electoral Officer recommends that the financial reporting requirements need a civil remedy in addition to prosecution powers already provided.
The standing committee has recommended that additional
research on enforcement be undertaken before it can consider a recommendation to establish a civil remedy.
10. Housekeeping Amendments
A.
The Chief Electoral Officer recommended a number of minor housekeeping amendments.
The standing committee agrees with a consideration of these housekeeping amendments by the legislative drafter.
I’d like to turn the report over to my colleague Ms. Wendy Bisaro for continued reading.