Tag Archives: Bill 214: An Act to Regulate Political Action Committees

Labour Minister Christina Gray. Photo from premierofalberta on Flickr.

NDP expands Third Party Advertiser law to cover ‘Political Action Committee’ activities

Photo: Labour Minister Christina Gray. (Photo from premierofalberta on Flickr)

Labour Minister Christina Gray , who is responsible for the Alberta NDP government’s democratic renewal initiatives, introduced Bill 32: An Act to Strengthen and Protect Democracy in Alberta into the Legislative Assembly on December 4, 2017.

David Swann Liberal MLA Calgary-Mountain View

David Swann

The bill pulls ‘Political Action Committees’ under the Election Finances and Contribution Disclosure Act by expanding the activities covered in the Third Party Advertisers section beyond just advertising. If passed, the law would now cover typical PAC activities, such as selling memberships, fundraising, collecting or compiling information about voters, and other administrative activity for a party, candidate, leadership contestant or nomination contestant.

The bill would limit individual PAC spending to $150,000 on political activities in the three months ahead of Alberta’s fixed election period and  to $150,000 during the election period. Only $3,000 of the $150,000 would be able to be used to promote or oppose the election of one or more candidates in any one electoral district.

The bill would also prevent collusion between PACs, preventing groups of PACs from pooling their funds and resources. The bill would create an independent Election Commissioner who would be responsible for “investigating complaints and recommending prosecutions.”

The bill falls short of limiting annual donations to PACs and banning corporate, union and out-of-province donations, which a private members’ bill introduced by Liberal MLA David Swann and championed by leader David Khan proposed to do.

Rick Strankman Alberta United Conservative Drumheller Stettler MLA

Rick Strankman

“Simply put, our bill is a better bill and will do a better job of getting dark money out of politics,” Khan said in a press release responding to Bill 32.

As an expanded list of PAC-type activities now fall under the province’s election finance laws governing third party advertisersit is my understanding that all donations to registered PACs will be disclosed to Elections Alberta, eliminating the ‘dark money‘ element of PACs in Alberta.

Bill 32 also makes a number of amendments to the Election Act, including the ability of Elections Alberta to collect information of 16 and 17-year-olds in order to automatically register them to vote when they turn 18, extend advance voting by one day, and improve mobile voting stations.

Gray’s Bill 32 also incorporates some changes around government advertising during election periods that were included in a private members’ bill introduced by Drumheller-Stettler UCP MLA Rick Strankman in 2015.

Then a Wildrose MLA, Strankman’s Bill 203: Election (Restrictions on Government Advertising) Amendment Act was referred to the Select Special Ethics and Accountability Committee in November 2015, but was never formally dealt with before the dysfunctional committee disbanded in September 2016.

With only three days remaining in the Legislative session, it is expected this bill will pass third-reading before MLA’s break for the holiday season on Thursday, December 7, 2017.


Alberta Party leadership race extended

Greg Clark Alberta Party MLA

Greg Clark

We have heard a lot of talk but have not seen much activity in the Alberta Party leadership race since current leader Greg Clark announced he would step down 25 days ago. The party released the rules of its leadership race on December 4 and, perhaps realizing the clock is ticking, moved the date of the leadership vote from February 7 to February 27.

Ron Dunseith will serve as Chief Returning Officer for the Alberta Party’s 2018 leadership race. Dunseith served as President of the Progressive Conservative Association of Alberta from 1999 to 2002 and the Chief Returning Officer for the party’s 2017 leadership campaign. He also served as campaign co-chairman of Dave Hancock‘s campaign during the PC Party’s 2006 leadership election.

Liberal Party leader David Khan and Liberal MLA David Swann (photo from Facebook)

Alberta Liberals deserve credit for pushing PAC issue onto the agenda

Photo: Liberal Party leader David Khan and Liberal MLA David Swann (photo from Facebook)

Political Action Committees will be back up for debate before MLAs depart Edmonton for the Christmas break at the end of next week.

Christina Gray Edmonton Mill Woods MLA

Christina Gray

Last week, Calgary-Mountain View Liberal MLA David Swann tabled Bill 214: An Act to Regulate Political Action Committees in the Alberta’s Legislative Assembly. The private members’ bill would amend the Election Finances and Contributions Disclosure Act to create a legal definition for PACs, require PACs to be registered with Elections Alberta and subject them to the same financial disclosure and contribution rules as other political entities. The bill would also ban corporate, union and out-of-province donations, and prohibit political entities from donating to PACs.

“We need to shine a light on the unregulated dark money that is corrupting our democracy,” Liberal Party leader David Khan said in a Liberal Caucus news release. “Albertans deserve to know who has donated and who is donating to PACs, how much they are donating, and where this money is going afterwards. It’s the only way they can be confident that big money is not buying and selling our democracy.”

Khan made PACs one of his top issues after winning the party leadership in June 2017. He is currently running as a candidate in the December 4, 2017 by-election in Calgary-Lougheed.

PACs have become a big issue in Alberta politics since 2015, when the New Democratic Party government banned corporate and union donations to political parties as their first piece of legislation. While that action was needed and widely praised, it unintentionally opened the floodgates for now banned political party donations to be poured into PACs.

Like flowing water, political money will find the path of least resistance.

It did not take long before wealthy donors, now unable to fund political parties, began pouring funds into unregulated PACs, which with the exception of advertising activities, fall outside of Alberta’s political finance laws. The most notable PAC created since the NDP banned corporate political party donations was Jason Kenney‘s Unite Alberta PAC, which supported his campaign for the leadership of the Progressive Conservative Party and the United Conservative Party.

Swann’s bill defines PACs as “a corporation or group established or maintained for the primary purpose of accepting political action contributions and incurring political action expenses to engage in political promotion but does not include (i) a registered party, or (ii) a registered constituency association.”

And under the bill, a PAC must apply for registration with Elections Alberta when it has incurred expenses of $1000 or plans to incur political action expenses of at least $1000, or when it has accepted contributions of $1000 or plans to accept contributions of at least $1000.

The Order Paper for Monday, December 4, 2017 shows that Labour Minister Christina Gray, who is also responsible for democratic reform, is scheduled to introduce Bill 32: An Act to Strengthen and Protect Democracy in Alberta for first reading. Gray has said the government would introduce legislation regulating PACs, and if this bill does that, it will likely remove Swann’s bill off the Order Paper because of its similar focus.

We will have to wait until Gray’s Bill 32 is tabled before we know what action the NDP government plans to take, but even if their bill is removed from the order papers, Swann and Khan deserve the credit for making unregulated and unaccountable Political Action Committees an issue in Alberta politics.