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Alberta Politics

Election bills give Albertans more democracy, less transparency and accountability.

Albertans could soon be given more opportunities to cast their ballots but with much less transparency about and accountability for who is spending money to influence their votes.

The United Conservative Party government continued to unwrap its electoral reform package this week with the introduction of:

Bill 26: Constitutional Referendum Amendment Act: introduced by Justice Minister Doug Schweitzer, the bill amends the Constitutional Referendum Act law to allow for province-wide referendums to be held on non-constitutional issues

Bill 27: Alberta Senate Election Amendment Act: also introduced by Schweitzer, this bill makes amendments to the Alberta Senate Election Act passed in June 2019. 

Bill 29: Local Authorities Election Amendment Act: introduced by Municipal Affairs Minister Kaycee Madu, this bill introduces major changes to the law that governs municipal elections in Alberta.

These bills are part of a series of election bills that are expected to also include future bills allowing for the recall of MLAs, municipal politicians and school trustees, citizen initiated referendums, and major changes to provincial election laws.

Doug Schweitzer Calgary Alberta Conservative
Doug Schweitzer

The three bills introduced this week provide more opportunities for Albertans to vote for candidates and on issues, but they also claw back important transparency and accountability rules implemented by the previous New Democratic Party government less than two years ago.

It has almost been 50 years since the last time a province-wide plebiscite was initiated by the Alberta government. Bill 26 would allow the provincial government to hold referendums on non-constitutional issues, like creating an Alberta Pension Plan or deciding if we should remain on Daylight Saving Time. Providing an opportunity for Albertans to cast ballots on important issues can be a powerful tool to engage voters, but the timing and wording of such votes can also be intentionally manipulative.

The bill allows third-party groups, colloquially known as political action committees, to spend up to $500,000 on advertising up from the current $150,000 limit. Third-party groups that spend less than $350,000 on advertising during a referendum would not be required to file financial statements with Elections Alberta.

Schweitzer did not hold a press conference to announce the bill, so it is unclear why he chose to include such a massive gap in transparency.

Changes to municipal election laws included in Bill 29 are being framed by Madu as helping “level the playing field” for new candidates running for municipal councils and school boards by not allowing incumbents to carry over campaign war chests between elections and increasing the amount candidates can spend ahead of the election period from $2,000 to $5,000.

Bill 29 raises the election period donation limit from $4,000 back up to $5,000 and allows candidates to self-finance their campaign up to $10,000, reversing a number of changes made by the NDP government in 2018 that have not had a chance to be tested in a municipal election campaign.

Madu’s bill would also make it legal for wealthy individuals to donate up to $5,000 each to as many candidates as they want in any municipal or school board election across the province, effectively removing the cap on individual donations.

Eliminating the ability of incumbents to store campaign surpluses in war chests for future elections might lower the amount of cash on hand at the beginning of an election campaign. But in Edmonton at least, only two city councillors – Sarah Hamilton and Ben Henderson – reported having surpluses of more than $10,000 at the end of the 2017 election, suggesting that war chests are not necessarily a significant issues in the capital city.

Raising the donation limit could strengthen the advantage of incumbents with name recognition and developed political networks running against challengers who may be seeking political office for the first time.

The advantage of name recognition that helps incumbents get re-elected in large numbers at the municipal level is a feature that predates any of the changes to municipal election finance laws introduced by the previous NDP and Progressive Conservative governments over the past decade. The incumbent advantage even existed when there were no donation limits.

Bill 29 removes the requirement that candidates disclose their donors ahead of election day, which allows voters to see who is financially supporting candidates before they head to the ballot box.

The bill also removes spending limits for third-party groups before the start of the election period, allowing groups like Calgary’s infamous Sprawl Cabal of land developers free reign to spend unlimited amounts of money on advertising before May 1, 2021.

Madu’s Bill 29 introduces big money back into municipal elections under the guise of fairness and without creating any of the structural changes required to design a real competitive electoral environment at the municipal level.

Bill 29 also removes all references to the Election Commissioner, a housekeeping item necessitated by the controversial firing of the Commissioner by the UCP government in November 2019. In its place, the bill creates a Registrar of Third Parties, though it is unclear if the person holding this title would have the legal investigative authority of the now defunct Election Commissioner.

In past elections many municipalities simply did not have the resources available to enforce municipal election finance rules, so in some cases complaints were simply left uninvestigated.

Some of these changes were expected and were included in the UCP’s 2019 election platform, others were necessitated by inconsistencies in the changes made by the NDP in 2018, and some have come completely out of left-field.

Alberta’s election laws should be dynamic and designed to encourage and facilitate participation by voters and candidates, not to hide the identities of those who would spend money influencing election campaigns.

Overall, these bills could probably be summed up as one step forward for democracy and two steps back for transparency and accountability.

Changes coming to provincial election laws

Joseph Schow Cardston-Siksika MLA UCP
Joseph Schow

These changes are likely a taste of what is to come from the recently appointed Select Special Democratic Accountability Committee. Chaired by Cardston-Siksika UCP MLA Joseph Schow, the committee will review Alberta’s Election Act and the Election Finances and Contributions Disclosure Act within the next six months and has be tasked with answering a series of questions submitted by Schweitzer within four months.

Along with Schow, the committee membership includes Drumheller-Stettler MLA Nate Horner, Grande Prairie MLA Tracy Allard, Calgary-Buffalo MLA Joe Ceci, Edmonton-South MLA Thomas Dang, Fort McMurray-Lac La Biche MLA Laila Goodridge, Calgary-Klein MLA Jeremy Nixon, Edmonton-Whitemud MLA Rakhi Pancholi, Highwood MLA R.J. Sigurdson, Drayton Valley-Devon MLA Mark Smith and Edmonton-Manning MLA Heather Sweet.

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Alberta Politics

How much Alberta’s political parties spent in the 2019 election

Elections Alberta has released the initial financial disclosures showing how much money Alberta’s political parties spent and raised during the 2019 provincial general election campaign period spanning from February 1, 2019 to June 16, 2019.

This was the first election under the new election finance rules implemented by the New Democratic Party during their term in government. The NDP made a number of significant changes to how Alberta’s elections were financed, including banning donations to political parties by corporations and unions, and introducing a spending limit of $2,000,000 for political parties and $50,000 for candidate campaigns, but at the financial returns show, what the spending limits apply to are limited.

The $2,000,000 and $50,000 spending limits only apply to the actual 28-day election period from the time the election is called until Election Day. So the limit does not apply to the broader campaign period, which according to Section 38.1(2) of the Election Act, begins on February 1 in the year of the fixed-election date and ends ends 2 months after Election Day.

The Election Finances and Contributions Disclosure Act also creates exceptions to the spending limit on expenses categorized as “election expenses.” The expense limit during the 28-day election period does not apply to a candidate’s travel expenses related to the election, including meals and accommodation, a candidate’s child care expenses, expenses related to the provision of care for a person with a physical or mental incapacity for who the candidate normally provides such care, etc.

What the parties spent

Initial Financial Disclosures from Alberta's provincial political parties from the 2019 general election. The Alberta Advantage Party and Freedom Conservative Party returns have not been posted online (source: Elections Alberta)
Initial Financial Disclosures from Alberta’s provincial political parties from the 2019 general election. The Alberta Advantage Party and Freedom Conservative Party returns have not been posted online (source: Elections Alberta)

The United Conservative Party spent $4,561,362.10 while raising $3,889,582.70 during the campaign period, ending the campaign with a deficit of $671,779.40.

$1,909,116.43 of the UCP’s expenses were spent on items that fall under the provincial limit, including $1,202,965.43 spent on advertising, posters, pamphlets and promotional materials. $2,619,471.83 was spent on expenses that was exempt from the spending limit.

The NDP spent $5,363,029.30 and raised $3,706,785.66, ending the campaign with a deficit of $1,656,043.64.

Of the NDP’s campaign expenses, $1,977,367.65 were spent on items that fall under the provincial limit, including $1,363,029.74 for advertising, posters, pamphlets and promotional material. $2,200,131.09 was spent on expenses that was exempt from the spending limit.

The Alberta Party raised $206,597 and spent $199,935 during the campaign period. $118,960 of the Alberta Party’s expenses fell under the provincial limit rules, including $21,932 spent on advertising, posters, pamphlets and promotional. Of the party’s total expenses, $74,975 was exempt from the limit.

The Alberta Liberal Party raised $101,233 and spent $130,063, ending the campaign with a deficit of $28,830. The Green Party raised $14,894.40 and spent $41,702.22, earning a deficit of $26,807.82.

Some candidates spent a lot during the campaign period

The campaigns of a number of UCP candidates spent considerable amount during the course of the broader campaign period. Here is a snapshot of some of the higher candidate campaign expenses:

  • Doug Schweitzer, UCP candidate in Calgary-Elbow: spent $309,597.22, of which $268,166.23 did not fall under the spending limit.
  • Tyler Shandro, UCP candidate in Calgary-Acadia: spent $122,170.91, with $77,463.88 not falling under the spending limit.
  • Kaycee Madu, UCP candidate in Edmonton-South West: spent $101,098, with $55,527 exempt from the spending limit.
  • Dan Williams, UCP candidate in Peace River: spent $92,268, with $52,750 exempt from the spending limit.
  • Jason Luan, UCP candidate in Calgary-Foothills: spent $92,268, with $52,750 exempt from the spending limit.

No NDP candidate candidate campaign spent anywhere near the amount of the big spenders on the UCP slate, but a number of candidates did exceed the $50,000 limit:

  • Rachel Notley, running for re-election in Edmonton-Strathcona: spent $73,297, with $39,798 exempt from the spending limit.
  • Christina Gray, NDP candidate in Edmonton-Mill Woods: spent $73,576, with $27,742 exempt from the spending limit.
  • Lorne Dach, NDP candidate in Edmonton-McClung: spent $64,282, with $27,396 exempt from the spending limit.

And the campaign of Caylan Ford, the UCP star candidate in Calgary-Mountain View who withdrew from the election before the nomination deadline, was recorded to have spent $83,100,50 during the campaign period that began on February 1, 2019, with $32,676.94 of these expenses being exempt from the spending limit.

Chief Elections Officer recommends changes

Glen Resler Chief Elections Officer Alberta
Glen Resler (Source: Elections Alberta)

Chief Elections Officer Glen Resler recommended in his office’s recently released annual report that the spending limits be placed on the entire campaign period, rather than just the election period. He argued in the report that this change would “reduce the administrative burden and provide clarity for Chief Financial Officers of parties, constituency associations and candidates with respect to apportioning expenses between election and campaign periods.

Resler recommended that Election Finances and Contributions Disclosure Act and the Election Act be “combined into one coherent statute to make the legislation more accessible to participants and electors and provide a much-needed opportunity to renumber the legislation.” Currently, eight other provinces and territories have one piece of legislation governing provincial elections.

The report also recommends that political entities be expressly prohibited from contributing to third party advertisers, which seems to be a reaction to the decision by the now defunct Wildrose Party association in Airdrie to donate $16,000 to a political action committee.

CBC reports that the UCP government is expected to make major changes to Alberta’s election finance laws in the spring 2020 session of the Legislature. It is suspected that some changes could removing the limits of third-party advertisers to spend funds during the election and campaign periods, and raising the amount that individuals can donate to political parties. Changes are also expected to include moves to limit the ability of unions to fund third-party groups and to advocate for their members on political and policy issues.

Categories
Alberta Politics

10 ways to Renew Democracy in Alberta

The first law created by Alberta’s New Democratic Party government’s after its election win in 2015 was Bill 1: An Act to Renew Democracy in Alberta, which banned corporate and union donations to provincial political parties.

Following the passage of this law, the Select Special Ethics and Accountability Committee was tasked with reviewing the Election Act, the Election Finances and Contributions Disclosure Act, the Conflicts of Interest Act, and the Public Interest Disclosure (Whistleblower Protection) Act.

Christina Gray Edmonton Mill Woods MLA
Christina Gray

The MLA committee is chaired by Edmonton-Mill Woods MLA Christina Gray, who was recently appointed as Minister Responsible for Democratic Renewal, and includes NDP, Wildrose, Progressive Conservative, Liberal and Alberta Party MLAs.

There has not been a comprehensive review of the Election Act in 35 years. Changes to the Act should recognize the current realities and advances in technology while ensuring the election process in Alberta is fair, transparent, accountable and efficient.

Ian Urquhart shared some of his recommendations to the committee in a recent newspaper opinion-editorial. I have already written about how the Alberta government can reform how electoral boundaries are drawn, and without diving into the complex topic of electoral reform (which is currently being dealt with at the federal level), here are ten ideas that I believe could help improve the democratic process in Alberta:

  1. Introduce Mandatory Voting as part of an intensive civics education campaign for Albertans. Voter turnout in provincial elections is abysmally low and has only surged higher than 60 percent twice in the past forty years (in the 1982 and 1993 elections). Like filing your taxes or graduating high school, voting is a civic responsibility in which all citizens should be encouraged, and required, to participate.
  2. Include a None of the Above option on the ballot in provincial elections. This would allow voters to express valid feelings of displeasure with the candidates listed on the ballot through a None of the Above option. If None of the Above receives the most votes, then a by-election will be held with a new group of candidates.
  3. Lower the maximum annual amount that individuals can donate to provincial political parties. The current maximum annual donation limits in Alberta is $30,000 during election periods and $15,000 outside of election periods. The current maximum annual donation for federal political parties in Canada is $1,525.
  4. Implement maximum limits to how much candidates, political parties and third-party groups can spend during the election period, as already exist for candidates in federal elections.
  5. If we are going to have fixed elections for general elections in Alberta, then let’s actually have a fixed election day. It is time to eliminate the open-ended March 1 to May 31 fixed election period, which was passed by the Progressive Conservative government in 2011 and is strangely unique to Alberta. All other provinces with the exception of Nova Scotia have an actual fixed election day.
  6. If we are going to have fixed election days for general elections, we should have fixed election days for by-elections in order to determine when a by-election will be called to fill vacancies in the Legislative Assembly. Current rules only say that a by-election will be called within six months of a vacancy.
  7. Hold Election Day on a weekend and extend voting hours over Saturday and Sunday to allow for more access to the voting stations. Advance voting is currently held over a four day period, so there is no reason why the Election Day cannot be extended over two days. Moving the Election Day to the weekend will make voting easier for citizens who are unable to cast their ballots on a single weekday.
  8. Introduce automated voting tabulators like those used in the 2014 by-elections and by municipalities like the City of Edmonton since the mid-1990s. This would allow for the ballots to be counted in a more efficient and timely manner.
  9. Ban corporate and union donations in municipal elections by amending the Local Authorities Elections Act. Motions supporting this idea have been endorsed by Edmonton City Council, Edmonton Public School Board and Fort Saskatchewan City Council.
  10. Give Elections Alberta the authority and resources to investigate violations of the Local Authorities Elections Act. Some municipalities are currently unwilling or do not have the resources to investigate violations of this law.

The committee is accepting written recommendations until February 26, 2016, which can be emailed to EthicsandAccountability.Committee@assembly.ab.ca.