This is page numbers 83 – 126 of the Hansard for the 18th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was electoral.

Topics

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. Just very briefly. Right now the Chief Electoral Officer is required to file a report following the conduct of an election. The office does have the ability to file other reports as necessary, but this would require the filing of an annual report and I think this would just increase accountability and also give the officer the ability to tell us what they're doing in any given year. I think it's a helpful addition and something that the CEO herself has recommended and I think it's a good tool to increase accountability. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. To the motion.

Some Hon. Members

Question.

The Chair

The Chair R.J. Simpson

Question has been called. The motion is carried.

---Carried

Thank you committee. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is recommendation 12. I move that this Assembly recommends that the Elections and Plebiscites Act be amended to:

• require the Chief Electoral Officer to notify the complainant in writing with reasons, if the Chief Electoral Officer decides not to conduct an investigation of a complaint;

• make it an offence to obstruct the Chief Electoral Officer or his or her designate in carrying out an inspection or investigation under this act, or to withhold, conceal or destroy any records, documents or things relevant to the investigation;

• provide that when the Chief Electoral Officer believes it is in the public interest the outcome of the investigations may be published on Elections NWT's website or by other means the Chief Electoral Officer considers appropriate, and information provided may include the name of the person investigated and the nature of the matter;

• provide the complaints respecting omissions or offences under the act may be made within six months of the alleged omission or offence; and

• provide that the deadline for the Chief Electoral Officer to commence a prosecution under the act is one year from the date of the alleged offence.

Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There's a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

I don't want to prolong this, but this is about clarifying the Chief Electoral Officer's ability to carry out investigations and enforcement and I think these largely stem from recommendations that she made, and I think they're very helpful in improving the transparency of the complaint process and providing some firm deadlines and certainty around complaints and. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. To the motion. Minister Cochrane.

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Mr. Chair. Again, I understand the intent of this and I agree with the intent. Again, I am going to abstain on this one because I do have some issues with the sentence: "The outcome of investigations may be published on Election NWT's website or by other means the Chief Electoral Officer considers appropriate."

In my understanding as people are innocent until proven guilty, this doesn't state that, if the findings are proven true that they would be, this says that the Chief Electoral Officer has the ability to define, on her own, outside a court of law whether it is appropriate or not. I do have issues with people not going through due process to do that. I will be abstaining again on this one. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Minister Cochrane. To the motion. I will allow the mover of the motion to close debate. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. Yes, I understand the concern from my honourable colleague. I want to provide some assurance. I am sorry, I don't have the Elections Act in front of me, but other wording in the motion here does provide the Chief Electoral Officers with some discretion in terms of releasing information about investigations. He or she has to determine what is in the public interest. They also have the ability to not investigate a complaint if they believe it is frivolous or vexatious. Those are the typical words. I think they are in the act, but as I say, I don't have it in front of me. I think there is enough discretion in the authority that the Chief Electoral Officer has to prevent disclosures that are not in the public interest and so on. I understand the concern, but I think the authority is there to appropriately deal with these sorts of situations. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. All those in favour? All those opposed?

---Carried

The motion is carried. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is recommendation 13. I move that this Assembly recommends that the Elections and Plebiscites Act be amended to enable the Chief Electoral Officer to develop and make materials available to schools for distribution to students who have reached voting age or will soon do so, including information on the NWT's electoral process, the right to vote, how to have one's name added to the register of electors, and any other matter that the Chief Electoral Officer considers useful to electors and prospective electors. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There is a motion on the floor. The motion is in order. To the motion. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thanks, Mr. Chair. Just very quickly, the Chief Electoral Officer requested the mandate of the office be clarified to give her specific mandate to go and talk to kids and youth in our schools because right now it is a rather vague and I am sorry, I don't have the wording in front of me, but I think this is the kind of authority that the office should have to encourage our youth to get engaged and involved in future elections and our democratic process. This is a good thing. I want to thank her for this recommendation. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. To the motion.

Some Hon. Members

Question

The Chair

The Chair R.J. Simpson

Question has been called. All those in favour? All those opposed?

---Carried

The motion is carried. Thank you. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is recommendation 14. I move that this Assembly recommends that the Elections and Plebiscites Act be amended to enable the Chief Electoral Officer at a by-election to direct use of voting equipment, vote counting equipment, or alternative voting methods that differ from those required elsewhere in the act. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There is a motion on the floor. The motion is in order. To the motion.

Some Hon. Members

Question

The Chair

The Chair R.J. Simpson

Question has been called. All those in favour? All those opposed?

---Carried

The motion is carried. Thank you. Mr. O'Reilly.

Kevin O'Reilly

Kevin O'Reilly Frame Lake

Thank you, Mr. Chair. This is the last recommendation. I am sure everyone will be relieved to know that.

I move that this Assembly recommends that the Elections and Plebiscites Act be amended to authorize the Chief Electoral Officer to enter agreements with any person or government, department, or institution to obtain information, including personal information, to update the register of electors and permit the Chief Electoral Officer to enter agreements with any person or government, department, or institution to provide address, mapping, demographic, or geographic information including geospatial information and ensure appropriate protection of the privacy of personal information. Thank you, Mr. Chair.

The Chair

The Chair R.J. Simpson

Thank you, Mr. O'Reilly. There is a motion on the floor. The motion is in order. To the motion. Minister Cochrane.

Caroline Cochrane

Caroline Cochrane Range Lake

Thank you, Mr. Chair. Again, I respect the intent of this and I just wish it would have gone a bit further. I found that the voter's list was really inappropriate during the campaign period and I kind of wish that this motion was made stronger and actually had a timeline that said that, when the voter's list had to be updated, how many years, et cetera, because that is an issue. Thank you, Mr. Chair.