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.
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
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.
