Changes to electoral law Bill 42 – an overview

1. Changes to electoral law Bill 42 – an overview

2. Agenda • Timeline of Bill 42 • Effective date of amendments • Overview of amendments

3. Bill 42 timeline • CEO report recommending amendments tabled in Legislative Assembly on March 30, 2006 • Received first reading on April 30 • Amendments to first reading version placed on Order Paper on May 27 • Received Royal Assent on May 29, 2008

4. Effective date of amendments • All amendments other than s. 42 and those to Parts 9 and 10 effective on Royal Assent • Amendments to Parts 9 and 10 effective Nov. 1, 2008 • Section 42 takes effect on Sept. 1, 2009

5. Effective date of amendments • Amendments do not apply to an election called within six months unless the CEO publishes a notice of earlier readiness in the B.C. Gazette • CEO published notice of readiness for Parts 9 and 10 on November 27, 2008 • All but s. 42 now fully in effect

6. Overview of amendments • Eight new sections established • All new sections have .X numbering (e.g. 41.1) • One section repealed (s. 197) • Approximately 50% of the amendments based on CEO recommendations

7. Overview of amendments • New duty of CEO to ensure Act is enforced • Voters may register by telephone • Voters must show ID to vote or register in conjunction with voting • Voters without ID can be vouched for • Voters can be challenged when registering in conjunction with voting

8. Overview of amendments • Increases to nomination requirements • Changes to nomination process and timing • Advance voting hours expanded • Special voting areas now called site-based voting areas • Establishes grounds and deadline for requesting recount as part of final count

9. Overview of amendments • New requirements for registration information for parties and CAs • Standardized election expenses limits for parties and candidates • New pre-campaign disclosure periods • New definition of election advertising • Spending limits for advertising sponsors • Fines for offences doubled

10. Political Party & Constituency Association Registration • Part 9 of Election Act • New registration information : • Contact name • Bank account numbers • Addresses of all principal officers • Due by December 31, 2008 • Suspension possible

11. Political Party & Constituency Association Registration • Registration information must be kept current • Updates due within 60 days of change • Suspension possible • Political Party Guide to Registration • Constituency Association Guide to Registration

12. Deregistration Financial Reports • All deregistered political parties & constituency associations • Due within 6 months • Audited unless: • ED boundary change (constituency associations only) • $5,000 or less in expenses and $5,000 or less in political contributions since last report

13. Election Financing • Part 10 of Election Act • Many significant changes previously recommended by CEO • Revised forms • Guide for Financial Agents • Auditor’s Guide • Completion Guides

14. Financial Agents & Auditors • Required for: • Registered political parties • Registered constituency associations • Candidates • Leadership contestants (in some cases auditors not necessary) • Vacancies must be filled within 60 days • Registration information updates due in within 60 days

15. Other New Requirements • Separate bank accounts mandatory • Due date of loans now mandatory • Ban on political contributions from federal political parties or their electoral district associations • Deputy financial agents can file reports if financial agent is absent or incapable

16. Leadership Contestant Expenses • Political parties can now incur contestant expenses on behalf of their leadership contestants • Must advise contestant’s financial agent of all such expenses • Contestant reports as transfers received from political party • Political party reports transfers given to contestant

17. Reimbursing Election Expenses • Financial agents now permitted to allow campaign workers to pay election expenses and be reimbursed by financial agent • Financial agents must still approve all election expenses before they are incurred

18. Political Contributions • Now allowed to accept political contributions over $100 over internet or phone • Debit and EFTs allowed • Contributor must use own credit card or own bank account

19. Election Expenses Limits • Now two periods for election expenses • 60 day pre-campaign period (February 13 – April 13, 2009) • Campaign period (April 14 – May 12, 2009) • Separate spending limits for each period • Unused spending limit cannot be carried forward to campaign period

20. Expenses Limits for 2009 General Election