Mr. Speaker, Your Standing Committee on Procedure and Privileges is pleased to provide its Interim Report on the Report of the chief electoral officer on the Administration of the 2023 Territorial General Election.
INTRODUCTION
Pursuant to subsection 266(2) of the Elections and Plebiscites Act, the chief electoral officer must report on the administration and event initiatives seen through that office within six months following a territorial general election. The report has any matters the CEO thinks should be brought to the Legislative Assembly's attention. It also includes recommendations on how to improve election administration alongside any suggested amendments to the Act.
The Speaker tabled the CEO's report on May 21st, 2024 in the Legislative Assembly and was subsequently referred to the Standing Committee on Procedure and Privileges for review and response.
Committee sought public feedback on the CEO report from September 2, 2024 to September 27, 2024, receiving two written responses.
On September 27, 2024 committee held a public briefing with the CEO Stephen Dunbar and deputy CEO Charlotte Digness. Mr. Aleksi Toiviainen of Vote 16 Canada also provided testimony at the public hearing, speaking specifically to the recommendation from the CEO to lower the Northwest Territories voting age to 16.
BACKGROUND
Due to the wildfire evacuation of almost 70 percent of the Northwest Territories population, which represented 14 of the 19 electoral districts, the Legislative Assembly passed an Act to postpone polling day for the 2023 general election on August 28th, 2023. This Act moved the previously established September 3rd, 2023, expiration date of the 19th Assembly to November 14th, 2023. The Commissioner of the Northwest Territories ordered the CEO to issue the writs of the election on October 16th within the prescribed 29-day campaign period. On election day, 34 polling locations opened across the territory for the 16 electoral districts. In total, 10,797 votes were cast, representing a 52.54 percent voter turnout.
Committee wishes to thank the CEO and staff of Elections NWT for both the management of the 2023 Territorial General Election and their work on their report. The challenges faced by Election NWT following the evacuation was unprecedented, however the election process occurred as seamlessly as possible due to their hard work and dedication to their roles.
REPEAL AND REPLACE THE ELECTIONS AND PLEBISCITES ACT
The current Elections and Plebiscites Act was developed following the 2003 territorial election and first used in the 2007 territorial election. It has been substantially amended five times since: In 2010, 2014 (twice), 2018 and most recently in 2022.
The Elections and Plebiscites Act has not been wholistically reviewed since 2007. Given that previous amendments to this Act are often made to address specific issues, the CEO, throughout their report, has noted many inconsistencies, contradictions, or limitations to appropriately and flexibly support the elections processes in the Northwest Territories. Although the mass evacuation of the Northwest Territories highlighted some obvious vulnerabilities within the current Elections and Plebiscites Act, including a lack of direction and guidance for emergency management situations, this is supplemented by other challenges faced by a lack of modernized legislation. Clarity is required as modern society grapples with more varied uses of social media. This is impactful not only for advertising guidelines or the use of third-party advertisers but also for the growing use of artificial intelligence. A more modern regulatory framework that better reflects the operating reality of our everyday communications should be better reflected in the Elections and Plebiscites Act.
The CEO's report also outlines the need for more concrete guidelines for mobile polling stations, absentee ballots, and special voting opportunities. The need to ensure that more people have access to, and options for, their ability to vote is a concern that both the CEO and committee members agree with. Beyond that, updated guidelines for provision of food during candidate events or the removal of the elimination nomination deposit can be changed to better reflect national best practices in those areas.
The list of suggested amendments is extensive; however, it reflects the nature of how this important piece of legislation is ultimately updated and requires that at a certain point, a more complete update must occur. Addressing specific amendments does not necessarily ensure that more comprehensive legislative or policy goals can be addressed which has led to a lengthy list of clean-up, modernization, and consistency concerns required to be addressed throughout the current Act.
Recommendation 1:
The Standing Committee on Procedure and Privileges recommends that the Legislative Assembly direct the chief electoral officer to undertake a repeal and replace of the Elections and Plebiscites Act before the end of the 20th Assembly.
EXPAND ELECTIONS NWT MANDATE
The CEO's report highlights Elections NWT's capacity and willingness to do more to support all election activity within the Northwest Territories. Expanding the mandate of Elections NWT to include local authorities would allow for greater collaboration and support for logistics, voter list management, a more comprehensive register, improved information sharing, and to refine the capacity to deliver on election activities. Allowing Elections NWT to support local authorities has the potential to better streamline and capture important information that then feeds into more complete data sets of all communities, regardless of the type of election occurring. It also creates opportunities to reduce duplication of materials and build broader capacity throughout the Northwest Territories for election activities. The CEO's report highlights that they can and wish to play a larger role in all elections, similar to how other election bodies run throughout Canada.
Recommendation 2:
The Standing Committee on Procedure and Privileges recommends that Legislative Assembly direct the chief electoral officer to engage with the Northwest Territories Association of Communities to determine how to better support local authority election activities.
REDUCE THE VOTING AGE TO 16
Voter turnout in the Northwest Territories remains very low and, as noted in the CEO report, particularly low for voters under the age of 30. Committee wishes to continue their investigation into the request of the CEO to lower the voting age to 16 and will provide a separate report in the 2025 Winter Sitting of the Legislative Assembly on their findings and the response to this recommendation.
CONCLUSION
Committee again wishes to thank Elections NWT for their hard work, dedication, and support to not only candidates of the election but also the residents of the Northwest Territories.