Mahsi, Mr. Speaker.
Absentee ballots, electronic voting, expanded voting in the Office of the Returning Officer, and location of polls
Timeliness of mail-in ballots has been an issue in every election of this millennium, despite the low number of total ballots involved. However, use of absentee ballots has increased; 244 were requested for the 2015 election. Ballots were available for one month, but after allowing for return time the window is effectively shorter. Of 146 absentee ballots received by Elections NWT, 35 (or 24 per cent) arrived too late to be counted. While absent electors have some responsibility for timeliness, mailing times are not entirely within their control.
The CEO recommended amending the act to permit electronic voting and greater use of technology to manage and report the vote. The committee Chair and CEO witnessed Prince Edward Island's use of electronic voting for a plebiscite in 2016. The province's chief electoral officer reported that the vote was well-conducted and accurate, but also flagged significant risks in a detailed audit report tabled in the legislature. The associated Independent Technical Panel on Voting Integrity recommended that use of online and telephone voting for federal or provincial elections should be limited to absentee voters for "the immediate foreseeable future."
The Gwichya Gwich'in Band in Tsiigehtchic initiated electronic voting in a 2015 referendum to replace proxy voting and as an option for all electors, along with mail-in ballots and traditional polling stations. The system allowed for telephone voting and online voting. The method enabled greater participation by electors living away from the community. Following this successful trial run, the band is considering use of the technology for future council elections.
Electronic voting represents an opportunity to improve the timeliness of votes from absent electors, should they wish to cast their ballots electronically instead of on paper. It is important, however, that electors have the option of using a paper ballot or voting electronically. In the committee's opinion, technological change may most benefit the absentee ballot system and reduce the need for some special voting opportunities, which have not all been particularly effective. For those who choose a paper absentee ballot, Elections NWT should consider use of prepaid courier services or express mail. The committee supports amending the act to allow for the option of electronic voting for absentee ballots in the NWT when a reliable, practical system can be tested and implemented.
Extending the opportunity to vote in the Office of the Returning Officer from the close of the nomination and withdrawal period till the second day before polling day may also reduce the need for absentee ballots and special voting opportunities. Allowing voting from the close of the nomination and withdrawal period to election day certainly makes it more convenient for residents to vote, particularly those who work at remote mining camps. However, this convenience comes with a risk that early voters will be less informed than those who cast their ballots after campaigning is complete. Early voting may also be an advantage to incumbents who have been in the public eye due to their service in the legislature over the previous four or more years.
The committee therefore urges caution with respect to extending early voting opportunities too much. It may be wise to set a date that allows all candidates a chance to publicize the key elements of their campaigns before early voting begins. Additionally, the committee agrees with a public submission that in districts with public transit, polls should be easily accessible from a transit route. Polls should also be easily accessible on foot, clearly identified, and visible from a reasonable distance.
Recommendation 5
The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to:
• Allow for the option of electronic voting for absentee ballots;
• To provide an elector who has requested an absentee ballot to cancel his or her application in favour of an ordinary ballot on polling day; and,
• To extend the period for voting in the Office of the Returning Officer.
Candidate banking and a discretionary period for financial reporting
The committee agrees with the CEO that the requirement for every candidate to establish an account at a bank or other institution for monetary campaign contributions may be a barrier to potential candidates who live in small communities lacking these services.
However, the CEO also informed the committee that financial reporting is the source of the most problems for candidates in meeting the requirements of the act. Candidates/official agents must provide financial reports to the CEO within 60 days of polling day. The requirement for candidates to file statements from a bank or other approved institution has only been in place for one election. It is the result of an amendment passed by the 17th Assembly in an effort to improve candidates' financial reporting.
Results in the 2015 election were not encouraging: only 31 of 60 candidate/official agents filed their financial reports on time, a remarkable decline from 2011 when 41 of 47 reports were timely and complete. The current CEO informed committee members that in 2015 many reports were initially incomplete, resulting in substantial expense and effort to ensure compliance with the act. The committee also heard several times that financial reporting instructions and forms could be improved by Elections NWT and we believe this will decrease the amount of time required for processing and ensuring compliance. None of these changes require legislative amendments.
The CEO also proposes amendments to the act to allow latitude for the CEO to grant extensions to elected candidates who miss the deadline for financial reports and must apply to the Supreme Court of the NWT for an order allowing an authorized excuse. The act currently requires compliance with these provisions before an elected candidate can sit in the legislature, a relatively strict measure that may also penalize the electorate of the district in question. For unelected candidates, the act already enables the CEO to extend the filing deadline.
While the committee agrees with the CEO's proposed amendments, discussed above and set out in Recommendations 33, 35 and 37 of her report on the 2015 election, they do not fully solve the problem of late and incomplete financial reporting. Election campaigns solicit money from trusting members of the public and there must be thorough and transparent accounting of these funds.
Recommendation 6
The Standing Committee on Rules and Procedures recommends that the Elections and Plebiscites Act be amended to replace the requirement for candidates to file statements from a bank or other financial institution with a practical, reliable requirement that ensures accountability and transparency; and
That the act be amended to provide the CEO with discretion to extend elected candidates' deadline for filing accurate and complete financial statements for up to 15 calendar days.
Campaign expenses, candidate contributions, and reimbursement of candidates
Most Canadian provinces reimburse election expenses of political parties or candidates, or both. All but Alberta, British Columbia, Yukon, Nunavut and the NWT reimburse part of a candidate's election expenses. Reimbursement from the public purse is based on the candidate receiving a certain percentage of the vote.
This aspect of campaign financing was addressed by the former CEO David Brock in his Auxiliary Report of the Chief Electoral Officer on the 2011 election. However, he made no recommendation to adopt a system of reimbursing a portion of candidates' campaign expenses.
The average campaign in 2015 cost about $8,000, down from almost $10,000 in 2007. However, there is great range in 2015 campaign spending from the $1,897 average for Mackenzie Delta candidates to the $19,945 average in Yellowknife Centre. The cost of campaigning in the NWT may deter potential candidates from running for election. This opinion was expressed in OpenNWT's submission to the committee, supporting partial reimbursement: "Financing of elections this way…would increase the viability of campaigning for those who would not normally consider putting their name forward. In line with the 18th Assembly's mandate commitment to improve access to elections for women, this would improve the ability of those candidates that might not have access to personal funds to enter NWT politics."
At the same time, there has been no great public outcry to subsidize the cost of campaigning in the NWT, and no hard evidence that the cost is a significant barrier to candidacy. This report may serve to begin public discussion of the issue, but it is premature to recommend that public funds be spent in this manner.
Elections NWT mandate
The CEO recommends expanding the mandate of Elections NWT to include the administration of the Local Authorities Elections Act, currently the responsibility of the Department of Municipal and Community Affairs. The CEO suggests that consolidating responsibility for all elections under Elections NWT would be fiscally efficient, build capacity, and improve the list of electors. Similar systems are used in about half of Canada's provinces and territories, where electoral management bodies administer smaller electoral events as well as general elections.
The NWT's Local Authorities Elections Act applies to municipal councils and District Education Authorities, including those in charter communities and authorities subject to the Tlicho Community Government Act. On the advice of Cabinet, the Commissioner appoints a member of the public service as Chief Municipal Electoral Officer. The appointments, along with two deputies, have been MACA employees who also advise communities on governance and serve other functions.
After the 2003 election, CEO David Hamilton recommended a review of potential benefits of Elections NWT administering the Local Authorities Elections Act. In 2005, the Standing Committee on Rules and Procedures recommended "that a review be undertaken to consider the efficiencies and sharing of resources that could occur with the Office of the Chief Electoral Officer assuming the administrative responsibility for elections of community governments under the Local Authorities Election Act." Preliminary research was done; CEO Saundra Arberry commented in 2007 that "much groundwork will be required" and "implementation will require…a transfer of resources and additional personnel" as well as legislative amendments.
During the course of the Committee's review of the current CEO's report, advice was received from the Minister of Municipal and Community Affairs that dialogue with her department, the NWT Association of Communities, and all community governments should precede any further interest in a consolidation of election responsibilities. Similar advice was received from the NWTAC. The committee cannot consider expansion of Elections NWT's mandate in the absence of appropriate research and evaluation of options.
Recommendation 7
The Standing Committee on Rules and Procedures recommends that the CEO consult with the Department of Municipal and Community Affairs, the NWT Association of Communities, and a broad range of community government representatives with respect to consolidation of responsibilities for the administration of general and local elections; and; that the results of this research, when complete, be included in the CEO's subsequent report to the Legislative Assembly.
Mr. Speaker, I would like to turn the reading of the report over to my colleague from Nahendeh. Mahsi.