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 of 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 or 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 / official 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 options 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 – only 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
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