2 0 2 0 Electoral Financing W elcom e / Bienvenue Overview I . - - PowerPoint PPT Presentation

2 0 2 0 Electoral Financing

W elcom e / Bienvenue

Overview

I . Candidates

• Nom ination contestants

I I . Cam paigning and Advertising I I I .Third-Party Election Advertising I V.Financial Reporting

I . Candidates

Candidates - Outline

• Eligibility
• Nom ination Contestant Process
• Becom ing a Candidate for an Election
• Nom ination papers

Eligibility

• To be a candidate, a person m ust be:
• 1 8 years of age on or before election day;
• a Canadian citizen;
• a resident of the province for at least 4 0

days im m ediately preceding the date of the election; and

• ordinarily resident in an electoral district on

the date of the election ( but not necessarily the district for w hich one is a candidate) .

Eligibility

• A m ayor or councillor of a m unicipality m ay

be a candidate, but if elected, m ust resign the m unicipal office before becom ing a m em ber of the Assem bly.

• The follow ing persons m ay not be a candidate

in an election:

• Judges;
• Persons w ho are disqualified from voting under any

law relating to the disqualification of electors for corrupt or illegal practices; and

• Election officers.

Nom ination Contestants

• An individual w ho is appointed as a

candidate of a political party w ithout holding a nom ination contest is not considered to be a nom ination contestant and is not required to register.

• An individual w ho is elected by

acclam ation as a candidate in an electoral district is still considered a nom ination contestant and m ust com plete the registration process.

• An individual seeking a nom ination

m ust com plete the registration process.

Registration Process

• I ndividual decides to seek nom ination.
• Must appoint an official representative to

record all contributions, financing, and expenditures for his or her cam paign.

• A nom ination contestant m ay act as his or

her ow n official representative.

• I ndividual com pletes “Application for

Registration as a Nom ination Contestant” and subm its it to the political party.

Registration Process

• Party vets and accepts individual as a

contestant.

• An authorized officer of the political party

subm its the registration form to Elections NB.

• Follow ing convention, an authorized officer
• f the political party subm its “Certificate of

Nom ination Convention” to Elections NB.

Contestant Financing

• Official rep. required to file one or m ore

financial returns disclosing details of all contributions and other financing received

• Contribution and financing lim it of $ 3 ,0 0 0

per individual supporter, including contestant

• No provincial tax credit
• Financial institutions m ay finance > $ 3 ,0 0 0

if fully secured by guarantees m ade by individuals

• Nom ination contestants w ho receive $ 2 ,0 0 0
• r less in financial support have

sim plified financial reporting

Contestant Financing

• Financial return is due w ithin 3 0 days

after the nom ination convention.

• I f the final date for subm itting a financial

return falls during an election period, the date shall be extended to 9 0 days after the polling day of the election.

Becom ing a Candidate for an Election

Prior to the issuing of a w rit of election, an individual w ho

• has been selected as the candidate of a

political party, or

• has registered as an independent

candidate m ay begin to present them selves to the public as a candidate for an upcom ing election.

Becom ing a Candidate for an Election

• The process to file nom ination papers

w ith Elections NB as a candidate in an election can only be initiated after the w rit of election is issued by the Lieutenant-Governor in Council.

Nom ination Papers

• Must be com pleted and returned to the

Returning Officer for the appropriate electoral district any tim e betw een the date of the proclam ation follow ing the W rit and 2 :0 0 p.m . on Nom ination Day.

• Obtain from Returning Office
• w w w .electionsnb.ca
• Resources  Form s 

P 0 4 0 0 1 Nom ination Paper

Nom ination Papers

• Part C: Designation of official agent
• Official agent to authorize all election

expenses of the candidate

• Confirm s or changes the electoral district

agent previously appointed by the party’s chief agent

Nom ination Papers

• RO/ EC m ay accept nom ination papers
• A nom ination is com plete w hen the

Returning Officer issues the P 0 4 0 0 3 , Returning Officer's Official Deposit Receipt to the person w ho paid the deposit of $ 1 0 0 .

I I . Cam paigning and Advertising

Outline

• Roles and responsibilities
• At the political party level
• At the district association and candidate

level

• Cam paign finances
• Election expenses
• Spending lim its
• Reim bursem ents

Outline

• Electoral activities
• Official start of election period
• Pre-w rit advertising
• Election-period advertising
• Cam paign offices
• W ages paid to w orkers and candidates
• Nom inating conventions
• Direct costs of fundraisers during election
• Election Day expenses
• MLA constituency offices
• Access to apartm ent buildings

Roles and Responsibilities: Political Party Level

• Official representative
• Solicitation of contributions
• Coordination of fundraising activities
• Arranging of financing
• Collaboration on electoral budget
• Paym ent of election expenses authorized by

chief agent

• Maintenance of accounting system s
• Preparation of electoral financial return for

chief agent

• Com pliance w ith PPFA

Roles and Responsibilities: Political Party Level

• Chief agent
• Collaboration on electoral budget
• Com pliance w ith election spending lim it
• Authorization and controlling of election-

related spending by party

• Provision of docum entation to official rep.

for paym ent of election expenses

• Review ing, approving, signing, and

subm ission of electoral financial return to ENB

• Com pliance w ith PPFA

Roles and Responsibilities:

Association and Candidate Level

• Official representative ( OR) of registered

district association ( RDA)

• Solicitation of contributions
• Coordination of fundraising activities
• Consider election expenses reim bursem ent
• Arrange financing
• Collaborate w ith electoral district agent /
• fficial agent ( EDA/ OA) on electoral budget
• Transfer m oney to EDA/ OA
• I f authorized by EDA/ OA, incur election

expenses

• I dentify deem ed contribution if election

expenses less than regular price

Roles and Responsibilities:

Association and Candidate Level

• Official representative ( cont’d)
• Determ ine current retail value of used

advertising m aterials ( signage)

• Ensure pre-w rit advertising respects $ 3 ,0 0 0

annual advertising lim it

• Control costs of nom ination convention held

during election period

• Receive reim bursem ent of election expenses

and, if necessary, transfer funds to OA

• Maintain accounting records
• Subm it annual financial return
• Com ply w ith PPFA

Roles and Responsibilities:

Association and Candidate Level

• Electoral district agent/ Official agent

( EDA/ OA)

• Collaborate on electoral budget
• Com ply w ith election spending lim it
• Consult w ith party or RDA on banking
• ptions

1 . Centralized financial system – no bank account 2 . Use existing RDA bank account 3 . Open new cam paign account

• Receive funds from official representative

Roles and Responsibilities:

Association and Candidate Level

• EDA/ OA ( cont’d)
• Manage election expenses
• Authorize election-related spending by cam paign
• Ensure advertising identification disclosures m et
• Reim burse any purchases m ade using personal m oney or

credit

• I dentify election expenses incurred by official

representative

• I dentify election expenses incurred personally by

candidate

• Monitor authorized election expenses regularly
• I dentify deem ed contributions
• Subm it invoices for paym ent or pay

suppliers

Roles and Responsibilities:

Association and Candidate Level

• EDA/ OA ( cont’d)
• I f possible, pay all liabilities and close bank

account prior to subm itting return

• Subm it electoral financial return
• I f still open, com plete banking transactions,

close account, and subm it details to ENB

• Com ply w ith PPFA
• May not:
• Accept contributions
• Arrange financing

Roles and Responsibilities:

Association and Candidate Level

• Candidate
• May not:
• Arrange financing
• Supply personal financing directly to cam paign –
• nly through RDA or party
• May:
• Accept contributions for RDA/ party if authorized
• I ncur personal lodging, food, and travel costs, and

m ay be reim bursed as election expenses

• Personally incur $ 2 ,0 0 0 in election expenses

w ithout prior authorization of EDA/ OA

• Subm it details w ithin 2 0 days of election
• I f not reim bursed, a deem ed contribution

Roles and Responsibilities:

Association and Candidate Level

• Cam paign m anager
• Understand and respect legislated roles and

responsibilities

• Com m unicate w ith EDA/ OA regularly
• Obtain authorization to incur election

expenses

• Com ply w ith PPFA

Roles and Responsibilities: Volunteers

• Volunteer labour
• “The donation by an individual of his

personal services, talents or expertise, or the use of his vehicle and the product of that donation, w here it is given freely and not as part of his w ork in the service of an em ployer,” is not considered a contribution nor an election expense

• Leaves of absence w ith pay prohibited
• Restrictions on federal and provincial

em ployees engaging in political activity

Cam paign Finances

• Annual contribution and financing lim it of

$ 3 ,0 0 0

• Now includes financing
• Per individual, including a candidate, to a

political party and its RDAs and cam paigns

• No longer perm itted by corporations and

trade unions

• Contributions from fundraising activities
• Full ticket price, not profit/ ticket
• Full bid on auction item

Cam paign Finances

• I ndividuals m ay provide contributions

and financing

• Financing includes guarantees of loans
• Banks and other com m ercial lending

institutions m ay provide financing but not contributions

• Financing not subject to $ 3 ,0 0 0 lim it
• No guarantees required

Cam paign Finances

• Exception: I ncurring election expenses

using a person’s ow n m oney or credit

• Not considered financing if authorized and

reim bursed by official agent

• I f not reim bursed, deem ed a contribution

by purchaser

Definition of Election Expenses

• PPFA, s. 6 7 ( 1 )
• “Election expenses” m eans all expenditures

incurred during an election period for the purpose

• f prom oting or opposing directly or indirectly, the

election of a candidate or that of the candidates of a party, including every person w ho subsequently becom es or w ho is likely to becom e a candidate, and includes all expenditures incurred before an election period for literature, objects or m aterials

• f an advertising nature used during the election

period for such purposes

• I ncludes:
• Contributions of property and services to a

cam paign

• Unreim bursed purchases

Spending lim its on election expenses

• Calculation
• # registered electors in electoral district

tim es inflation-adjusted rate per elector

• Electors determ ined from Prelim inary List
• f Electors at issue of w rit
• Estim ate
• 1 2 ,0 0 0 electors X $ 3 .6 5 / elector = $ 4 3 ,8 0 0
• w w w .electionsnb.ca
• Political Financing 

I nform ation and Guidelines  Estim ated Election Expenses Lim its

Election Expenses Reim bursem ent

• Paid to registered district association
• No longer to official agent of candidate
• Estim ate
• 1 2 ,0 0 0 electors X $ 1 .4 1 / elector = $ 1 6 ,9 2 0
• w w w .electionsnb.ca
• Political Financing 

I nform ation and Guidelines  Estim ated Election Expenses Lim its

Electoral activities

• Official start of election period
• Pre-w rit advertising
• Election-period advertising
• Cam paign offices
• W ages paid to cam paign w orkers and

candidates

• Nom inating conventions
• Direct cost of fundraising activities

during election period

• Election Day expenses
• Constituency offices of MLAs

Official Start of Election Period

• 1 2 :0 1 AM on date w rits of election issued
• Only “pre-w rit advertising” before start

Pre-w rit Advertising

• Annual advertising spending lim its
• RDA: $ 3 ,0 0 0
• Party: $ 2 0 0 ,0 0 0
• Aggregate lim it of $ 2 0 0 ,0 0 0 for Party and

its RDAs

Advertising subject to annual lim its

1 . Broadcasting undertakings

• Production costs of acquiring

advertisem ents

• Media buys for television ads
• Media buys for radio ads
• Television ads and video distributed over

the internet as part of program m ing

Advertising subject to annual lim its

2 . New spapers and periodicals

• Ads in provincial daily new spapers
• Ads in regional w eekly new spapers
• Ads in service organizations’ m onthly

new sletters

• Ads in local com m unity flyers

Advertising subject to annual lim its

3 . Other printed m atter

• Billboards
• Roadside signs
• Law n signs
• Cam paign office signs
• Vehicle w rapping
• Brochures, rack cards, and door knockers

distributed by candidates or volunteers

Advertising subject to annual lim its

3 . Other printed m atter ( cont’d)

• Postcards
• Restaurant placem ats
• T-shirts, ball caps, sw eaters and other

clothing

• Pens, pins, buttons, and other m em orabilia

Pre-w rit Advertising NOT subject to annual lim its

• Not covered by PPFA, s.5 0 ( 1 )
• Paid advertising on the internet and social

m edia

• Google, Facebook, Tw itter
• “Robocalls”; i.e. autom ated dialer m essages
• Exem pted by PPFA, s.5 0 ( 2 )
• Notice of public m eetings
• Nom ination m eeting
• Meet the candidate( s) or leader

Pre-w rit Advertising NOT subject to annual lim its

• Exem pted by PPFA, par. 5 0 ( 3 ) ( a)
• Cost of postage for the m ailing of letters,

printed m aterials, and cards

• e.g. Canada Post unaddressed ad-m ail fees
• Exem pted by PPFA, par. 5 0 ( 3 ) ( b)
• Production and distribution of new sletters

distributed solely to party m em bers

Pre-w rit Advertising NOT subject to annual lim its

• Exem pted by PPFA, par. 5 0 ( 3 ) ( c)
• Publication in a new spaper of best w ishes

for com m unity events or holidays

• May not contain nam e and/ or picture of

candidate or be from candidate

• Roadside signage is not in a new spaper;

therefore, signs w ishing a safe holiday w eekend w ill be subject to lim it

Pre-w rit Advertising

• I dentification disclosures
• Printing com panies w ill w ant sam e

disclosures as required during election period

Election-Period Advertising: I dentification disclosures

• PPFA, section 7 3
• Bear the nam e of the candidate or party on

w hose behalf it w as ordered

• I f printed advertisem ents, include nam e

and address of printer

• Taglines necessary on:
• Regional ads for m ultiple candidates
• Attack ads on another party’s leader or

candidate

• “Ordered on behalf of XYZ”
• I nternet-based ads, too

Advertisem ents used pre-w rit AND during election period

• Official agent
• Reim burse official representative for cost
• f advertisem ents
• Signage reim bursed at full cost
• Door-knockers, hand-bills, brochures, etc.

allocated based upon quantities distributed pre- w rit and during election-period

Signs used in previous elections

• Previously-used signage assigned current

retail value of sim ilar, new m aterials

• Determ ined by official representative
• Signs, w ooden fram es, posts, etc.
• Official agent reports election advertising

expense and “other incom e”

• Not eligible for reim bursem ent

Vandalized, stolen, or destroyed signs

• Replacem ent costs do not constitute

election expenses

• Official agent requests exem ption from

Supervisor

Placem ent of signs

• Certain restrictions on highw ay signs
• Departm ent of Transportation and

I nfrastructure

• Municipalities
• NB Pow er
• Bell Aliant

Unsolicited com m unications w ith electors

• Exam ples
• Live voice calls to inform of polling

stations

• “Robocalls” prom oting a candidate
• Opinion polls and surveys
• CRTC rules for political parties and

candidates

• http:/ / crtc.gc.ca/ eng/ phone/ telem arketing/ politi.htm

Restricted advertising period

• Election Day and Sunday preceding it
• No speech, entertainm ent, or advertising

program in favour of or on behalf of any political party or candidate:

• Broadcast over radio or TV station
• Published in new spapers, m agazines, etc.
• Unsolicited electronic com m unications to

telephones, com puters, fax m achines or any other device; e.g. Robocalls, m ass em ails

• Non-com m ercial use of Facebook

and Tw itter perm itted

Restricted advertising period

• Printed m aterials m ay continue to be

distributed in person or by Canada Post

• Additional signs m ay continue to be

posted

• Parked vehicles m ay bear advertising
• No ads on m oving vehicle on Election Day

Restricted advertising period

• W ithin 3 0 m etres ( 1 0 0 ft.) of a regular or

advance polling station:

• No printed cam paign m aterials displayed
• No audible political propaganda heard
• No political badges w orn
• Candidates and w orkers m ay greet

electors but m ust not im pede access

• No restriction on locating a cam paign
• ffice near a returning office
• Returning office not a “polling station”

Cam paign Offices

• Costs treated as election expenses,

regardless w hen incurred

• Rent
• I nsurance
• Com puter system s and office equipm ent
• Telephone lines and cellular phones
• Cam paign w ebsite
• Election night celebrations
• Rem oval of road signage
• “Thank you” notices in papers

W ages Paid to Cam paign W orkers and Candidates

• To be eligible for reim bursem ent:
• W ages and honoraria m ust be agreed to in

advance

• Must be paid prior to Election Day

Nom ination Conventions

• I f nom ination convention held during

election period, reasonable costs are:

• Rental of a hall
• Advertising date, place, tim e, program ,

and organizers

• Convening delegates, and
• Providing refreshm ents and entertainm ent
• All other costs are excessive
• Deem ed election expense of

nom inated candidate

Fundraising Activities held during Election Period

• Direct costs of fundraising activity

deem ed to be election expenses of candidate

• Official representative to advise official

agent

Election Day expenses

• Cash advance m ay be provided by official

agent to cam paign poll captains

• Poll captains m ust provide item ized

statem ent of am ounts paid to w orkers, refreshm ents, etc. to official agent

• Excess cash to be returned to official

agent for deposit

MLA’s Constituency Office

• MLA’s com m unications w ith constituents
• Non-partisan in nature
• MLA’s Constituency Office
• May never be used for partisan political

activity

• May not be used for cam paign office
• Must be closed during election period

Source: Orientation Manual 2 0 1 4 , Legislative Adm inistration Com m ittee, Legislative Assem bly of New Brunsw ick

Access to Apartm ent Buildings

• Residential Tenancies Act, s. 1 7 :

A landlord, his servants or agents, shall not unreasonably restrict access to the prem ises by candidates, or their authorized representatives, for election to the House of Com m ons, the Legislative Assem bly or any office in a m unicipal or rural com m unity governm ent for the purpose of canvassing or distributing election m aterial.

• Access not granted to condom inium s w ith

no landlord

I I I . Third-Party Election Advertising

Outline

• Third party
• Exam ples
• Election advertising
• Registration
• Advertising identification
• Spending lim its
• Prohibitions

Exam ples

Third Party

• “Third party” m eans
• a person or group other than a registered

political party, a registered district association or a candidate.

• A “group” m eans a group of persons

acting together by m utual consent for a com m on purpose, and includes a trade union.

Election advertising

• “Election advertising” m eans

“a m essage transm itted to the public by any m eans during a cam paign period that prom otes or opposes a registered political party or the election of a candidate or takes a position on an issue w ith w hich a registered political party or a candidate is associated….”

• Unrestricted advertising perm itted prior

to the cam paign period

• Subject to “restricted advertising period”

like parties and candidates

Election advertising

• “Election advertising” does not include:

a) An editorial, debate, speech…or new s b) Distribution or prom otion of a book if it w as planned irrespective of the election c) The transm ission of a docum ent directly by a person or a group to its m em bers, em ployees or shareholders d) The transm ission by an individual, on a non-com m ercial basis, of his or her personal political view s via the I nternet

Registration

• Third parties m ust register w ith ENB

im m ediately after incurring election advertising expenses exceeding $ 5 0 0 in total

• May register in advance

Advertising identification

• Advertising identification required
• For any third party w ho advertises during

cam paign period, not just those registered

• Required authorization and identification

inform ation

• Nam e of third party
• Nam e of person responsible for books and

records and telephone num ber or address

Advertising identification ( cont’d)

• No third party shall transm it to the public

any advertising that m ay lead the public to believe it originates w ith a political party, district association, or candidate

Spending Lim its

• Election advertising spending lim its
• Estim ated $ 1 5 ,0 0 0 province-w ide or

$ 1 ,5 0 0 per single district

• w w w .electionsnb.ca
• Political Financing 

I nform ation and Guidelines  Estim ated Election Expenses Lim its

• For a by-election, sam e am ount as last

general election

Prohibitions

• No third party shall circum vent or attem pt

to circum vent provisions of the Act regarding spending lim its or registration

• I n any m anner, including either of:
• Splitting itself into tw o or m ore third parties; or
• Acting in collusion w ith another third party so that

their com bined election advertising expenses exceed the lim it.

• No third party shall collude w ith a political

party, district association, or candidate to circum vent or attem pt to circum vent the Act; and vice versa

I V. Financial Reporting

Outline

• Financial returns
• Registered nom ination contestants
• Electoral financial returns
• Candidates
• Registered political parties
• Advertising expenditure report
• Registered third parties
• Annual financial returns
• Registered district associations
• Registered political parties
• Public I nspection of Financial

Returns

Registered Nom ination Contestants

• The contestant’s official representative

m ust file a financial return no later than

3 0 days follow ing the contestant’s

nom ination convention

• I f this falls during the election period, date

extended to 9 0 days after polling day.

• w w w .electionsnb.ca
• Political Financing 

Electoral Financial Returns: Tem plates  Financial Return of Registered Leadership

• r Nom ination Contestant

Candidates

• The candidate’s official agent m ust file an

electoral financial return no later than 6 0 days follow ing the return of the w rit of election.

• w w w .electionsnb.ca
• Political Financing 

Electoral Financial Returns: Tem plates  Electoral Financial Return for Candidate

• Exam ined in order received
• Reim bursem ents of election expenses issued

accordingly

• Candidate deposit w ill be

returned to the candidate

Registered Political Parties

• The political party’s chief agent m ust file an

electoral financial return no later than 1 2 0 days follow ing the return of the w rit of election.

• w w w .electionsnb.ca
• Political Financing 

Electoral Financial Returns: Tem plates  Electoral Financial Return for Registered Political Party

Registered Third Parties

• The third party’s chief financial officer

m ust file an advertising expenditure report no later than 9 0 days follow ing Election Day.

• w w w .electionsnb.ca
• Political Financing 

Electoral Financial Returns: Tem plates  Advertising Expenditure Report

• f Registered Third Party

Registered District Associations

• The official representative of the registered

district association m ust file an annual financial return no later than March 3 1 for the preceding calendar year.

• w w w .electionsnb.ca
• Political Financing 

Annual Financial Returns: Tem plates  Financial Return for Registered District Association

Registered Political Parties

• The official representative of the registered

political party m ust file tw o financial returns annually:

• for the first six m onths of the year, to be subm itted not

later than Septem ber 3 0 of that year.

• for the 1 2 m onths of the year, to be subm itted not

later than May 3 1 of the follow ing year.

• w w w .electionsnb.ca
• Political Financing 

Annual Financial Returns: Tem plates  Financial Return for Registered Political Party

Public I nspection of Financial Returns

• All financial returns are available for public

inspection during ordinary business hours at the office of Elections New Brunsw ick.

• w w w .electionsnb.ca
• Political Financing 

Public I nspection of Financial Returns

• Political Parties, Leadership Contestants,

Nom ination Contestants, I ndependent Candidates, and Third Parties

• Filing Status Reports

Questions?