The Alberta NDP are pushing forward with their plans to reform Alberta’s outdated election finance laws.
Labour Minister Christina Gray, who also serves as Minister Responsible for Democratic Renewal, introduced the NDP’s latest election finance reforms in the Legislature today in Bill 35: Fair Elections Finances Act. This follows in the footsteps of the first bill championed by Premier Rachel Notley’s NDP after the party formed government in 2015, banning corporate and union donations to political parties.
The bill introduced today includes a handful of the reform ideas that were debated by the now-defunct Special Select Committee for Ethics and Accountability, which was created during the euphoria that followed the election of the NDP. The political mood soured quickly after the election and the committee quickly succumbed to a year of partisan wrangling and procedural brinksmanship until the Legislature allowed the committee to disband in September 2016.
The new bill has already received the support of committee member and Liberal Party leader David Swann. Dr. Swann, who is believed to be quite sympathetic to the NDP on many issues, was quoted in a government press released praising the changes.
The bill picks up where the committee left off, but does not include some of the more controversial ideas, such as per-vote financial subsidies for political parties.
Bill 35 would lower the limit that individuals can contribute annually to political parties to $4,000, which is a positive move, and is a reform that NDP and Wildrose MLAs on the all-party committee found room to agree on. The current annual contribution limits are $15,000 outside election periods and $30,000 during election periods.
The bill imposes a spending limit of $50,000 for each individual candidate’s campaigns and a $2 million limit for political parties (the Progressive Conservatives were the only party to spend more than $2 million in the last election). I am in favour of spending limits but I do believe that a $50,000 limit for constituency campaigns could be too low. I expect this could lead to some candidate campaigns spending additional funds in advance of the election being called in order to circumvent the low limit.
There are currently no spending limits in Alberta and our province is currently the only province in Canada without spending limits. The lack of spending limits has led to some significant disparities in what is spent in elections campaigns. For example, Edmonton-Whitemud PC candidate Stephen Mandel‘s campaign spent $132,991 in 2015, while candidates like West Yellowhead New Democrat Eric Rosendahl spent $748. Generally, the rule is that the candidate who spends the most money is likely to win, but 2015 was an exception to that rule (Mr. Mandel was defeated and Mr. Rosendahl was elected).
The NDP have allowed a handful of costs to be exempted from the limit, including travel costs, parking and gas, childcare expenses, expenses related to a candidate living with a disability, and financial audits required by law. I suspect the exemption of travel and gas costs are meant to address some concerns that MLAs on the committee raised about additional expenses incurred when campaigning in geographically large rural constituencies. This issue was raised by Wildrose MLAs on the committee who represent some of these large rural areas.
The bill also proposes limiting spending by candidates running in party nomination contests, which currently does not exist in Alberta. Nomination candidates would now have to register their candidacy with Elections Alberta, which is similar to a system that already exists for federal political parties.
Perhaps most controversially, Bill 35 seeks to limit the total amount of money that third-party advertisers can spend during elections campaigns. The proposed limit of $150,000, of which no more than $3,000 could used in an individual constituency, is severely limiting. The high costs associated with advertising campaigns would mean that it would be very difficult, if not impossible, for any third-party group to run an effective province-wide campaign during an election period in Alberta.
The province’s original third party advertising laws were introduced in 2009 by first term Progressive Conservative MLA Rob Anderson, who later crossed the floor to the Wildrose Party in 2010 before crossing back to the PCs in 2014. Mr. Anderson is now supporting Jason Kenney‘s campaign to merge the two parties and penned an apology to Wildrose supporters on his blog.
Perhaps somewhat ironically, considering the vastly different political environment in 2016, the third-party advertising laws passed by the PCs in 2009 were seen as a reaction to the Albertans for Change advertising campaign targeted then-premier Ed Stelmach. The ads, which became infamous for the spooky “Noooo Plaaan” tagline, were sponsored by a handful of Alberta labour unions.
It was during the 2009 debate in the Legislative Assembly over Mr. Anderson’s bill that the rookie MLA for Edmonton-Strathcona, Rachel Notley, foreshadowed what seven years later would become her government’s reforms to Alberta’s elections finance system:
“…in Alberta we should have a much more comprehensive set of rules around our own election financing as candidates, as members of political parties, we should have much more substantial limits on how much we can spend as political parties, and we should have much more substantial rules on the maximum donation that we can receive, all of that designed to ensure it is the individual voter whose activity and whose engagement ultimately makes the day one way or the other at the end of the process and that it’s not one person or a group of 20 people with $15,000 each who can decide a particular campaign in a particular riding.”
Where is Strankman’s bill?
Post media columnist Graham Thomson raises an important point in his latest column. Earlier this year Wlidrose MLA Rick Strankman introduced a Private Members’ Bill calling for a blackout of government announcements during election period in order to prevent a governing party from using public funds to influence the election.
The bill was introduced in the Assembly but then referred to the Special Select Committee for Ethics and Accountability, which never had the opportunity to debate it before it was disbanded. It is unclear whether Mr. Strankman’s bill will ever resurface in a future sitting.
