December 31, 2001 the Honourable George Hickes Speaker of the Legislative Assembly Room 244 Legislative Building Winnipeg, Manit
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An independent office of the Legislative Assembly/Un bureau indépendant de l’Assemblé législative December 31, 2001 The Honourable George Hickes Speaker of the Legislative Assembly Room 244 Legislative Building Winnipeg, Manitoba R3C 0V8 Dear Mr. Speaker: I have the honour of submitting my Annual Report on the administration of The Elections Act and The Elections Finances Act for the period covering January 1, 2000 to December 31, 2000 including the conduct of the November 21, 2000 by-elections in Kirkfield Park and Tuxedo. This report is submitted pursuant to subsection 10(2) of The Elections Act and subsection 99(1) of The Elections Finances Act. Pursuant to subsection 10(3.1) of The Elections Act and subsection 99(2.1) of The Elections Finances Act, annual reporting under these statutes has been combined for the 2000 calendar year. The Elections Act states that the Speaker shall lay the report before the Legislative Assembly within five sitting days after the Speaker receivies it if the Assembly is in session or, if not, within 15 days after the beginning of the next session. The Elections Finances act states that the Speaker shall cause the report to be laid before the Assembly forthwith if the Assembly is in session and if the Assembly is not in session, within 15 days of the beginning of the next ensuing session. Pursuant to subsection 10(3) of The Elections Act and subsection 99(3) of The Elections Finances Act, an annual report that contains recommendations about amendments to these Acts stands referred to the Standing Committee of the Assembly on Privileges and Elections for consideration of those matters. These subsections further state that the Committee shall begin its consideration of the report within 60 days after the report is laid before the Assembly. Respectfully yours, Richard D. Balasko Chief Electoral Officer Main Floor, 200 Vaughan Street, Rez-de-chaussée, 200, rue Vaughan, Winnipeg Manitoba R3C 1T5 (204) 945-3225 Toll-free in Manitoba/Sans frais au Manitoba : 1 800 282-8069 Fax/Télécopieur : (204) 945-6011 E-mail : [email protected] Web Site/Site web : www.elections.mb.ca TABLE OF CONTENTS LETTER OF TRANSMITTAL 1 TABLE OF CONTENTS 2 INTRODUCTION AND HIGHLIGHTS 5 ANNUAL ACTIVITIES 7 Registration of Political Parties . .7 Political Party Annual Statements and Returns for Contributions . .8 Advisory and Ad Hoc Committees . .9 Constituency Associations . .10 Candidates' Campaign Deficits . .11 Manitoba Tax Credit Program . .12 Compliance Assistance and Public Disclosure . .13 Public Information . .14 Cooperation with Other Jurisdictions . .14 Canadian Election Officials Conference . .15 THE 37th GENERAL ELECTION (1999) 17 Campaign Finances . .17 KIRKFIELD PARK AND TUXEDO BY-ELECTIONS 49 Operational Conduct of the By-elections 49 Staff and Training . .49 Voter Registration . .49 Nominations . .50 Voting . .50 Financial Administration of the By-election . .51 Campaign Finances 53 Review of By-election Financial Statements and Returns . .53 Innovations from the By-elections . .56 Future Directions 61 Shared Code of Conduct . .61 Automation Initiatives . .61 Mapping Initiative Outside City of Winnipeg . .61 Campaign Finances Service and Support Initiative . .62 Legislative Changes 63 Summary of EA Changes in 2000 63 Returning Officers To Be Appointed By Chief Electoral Officer . .63 By-election In Case Of A Tie Vote After Recount . .63 Minimum Election Period Shortened From 36 Days To 33 Days . .63 Unpaid leave . .64 Access to Canvass or Campaign . .64 The Right Of A Candidate To Enter Communities . .64 Election Signs and Posters . .64 Summary of the EFA Changes in 2000 65 Contribution Limits . .65 Advertising Spending Limits Re-instated . .65 Candidate and Political Party Spending Limits . .65 Annual Advertising Spending Limits . .66 Public Funding of Parties . .66 Third Party Limits (not yet proclaimed) . .66 Recommendations 67 The Elections Act 67 The Elections Finances Act 75 Administrative Issues 84 Other Acts Relevant to the Conduct of Elections 85 INTRODUCTION AND I HIGHLIGHTS ection 10(2) of The Elections Act requires an annual report to be made on the work done under the direction of the Chief Electoral Officer and that Safter each election or by-election a report regarding the conduct of an election be made. Section 99(1) of The Elections Finance Act requires an annual report to be made on the administration of that legislation. This publication fulfills these annual requirements under both statutes and also reports on the conduct of the two by-elections held on November 21, 2000. As provided for under the two acts Elections Manitoba administers, there are also recommendations for amendments to the legislation in this report. Section 142(2) of The Elections Act requires a book containing poll by poll results of an election or by-election be published. In May, 2001 that publication was completed for the by-elections held on November 21, 2000 in the electoral divisions of Kirkfield Park and Tuxedo. Copies are available through Elections Manitoba or on the web site at www.elections.mb.ca. During 2000, Elections Manitoba was engaged in numerous administrative and reporting activities to conclude the 37th General Election held September 21, 1999. Debriefing sessions were continuing with Returning Officers and election staff, reviews and evaluations of processes were continuing, candidate and party election financial returns were reviewed, and preparations were underway for anticipated by-elections. New amendments to both The Elections Act and The Elections Finances Act were passed in 2000. The Elections Act amendments included appointment of Returning Officers by the Chief Electoral Officer, a shortened election calendar, leave provisions for candidates, volunteers and election workers and provisions regarding the right of access for campaigning. The Elections Finances Act amendments included source and amount limits on contributions, advertising spending limits both outside and during an election period and limits to allocating expenses between political parties and candidates during an election. Preparations for implementing all of these changes began in 2000 and continues at the time of writing. Introduction and Highlights 5 Part II of this report outlines the ongoing annual activities at Elections Manitoba. Part III details the financial statements and returns from the 37th General Election in 1999. Part IV provides insight into the conduct of the two by-elections held on November 21, 2000. Future Directions and Legislative Changes are discussed in Part V and VI. Part VII details recommendations for the Legislative Assembly to consider to amend the current legislation. 6 2000 Annual Report Elections Manitoba II ANNUAL ACTIVITIES Registration of Political Parties Outside of an election, a political party may become registered by filing with Elections Manitoba an application for registration, a financial statement, and a petition signed by not fewer that 2,500 persons who were eligible voters during the most recent general election prior to the application. During a general election a political party may be registered by filing an application for registration, a financial statement, and by endorsing five or more candidates. A registered party must disclose information for the following officers: the leader, president, chief financial officer, and auditor. A registered political party may issue official tax receipts for contributions and have its name printed on the ballots with the names of the candidates endorsed by the party. Once registered, a political party's name and abbreviation are protected under The Elections Finance Act in that other registered political parties may not use the name or abbreviation. During 2000, there were seven registered political parties in Manitoba and two inquiries were received related to registering a political party. The names of the registered political parties and their Chief Financial Officers are listed in Table 1A. A comparison of the number of registered political parties from 1980–2000 is shown in Table 1B. Table 1A Registered Political Parties (2000) Political Date of Registration Chief Date of Party Registration Number Financial Officer Appointment CPC-M Apr. 30, 1999 P-9905 Glen Wreggitt April 30, 1999 GPM Aug. 28, 1999 P-9907 Mikel Magnusson July 17, 2000 Lib Dec. 12, 1980 P-8003 Tim Ryan August 18, 1993 LPM Mar. 9, 1988 P-8808 Don Ives December 30, 1993 MP Aug. 28, 1999 P-9906 Denise Van Rooyen October 10, 2000 NDP Nov. 17, 1980 P-8001 Tom Milne September 2, 1997 PC Nov. 25, 1980 P-8002 Gordon A. Horne August 12, 1999 Unofficial abbreviations used in this report for registered political parties: CPC-M Communist Party of Canada–Manitoba GPM The Green Party of Manitoba Lib. Liberal Party in Manitoba LPM Libertarian Party of Manitoba MP Manitoba Party NDP New Democratic Party of Manitoba PC The Progressive Conservative Party of Manitoba Annual Activities 7 Table 1B Yearly Comparison of Number of Registered Political Parties eight six four two ‘81 ‘82 ‘83 ‘84 ‘85 ‘86 ‘87 ‘88 ‘89 ‘90 ‘91 ‘92 ‘93 ‘94 ‘95 ‘96 ‘97 ‘98 ‘99 ‘00 Political Party Annual Statements and Returns for Contributions The chief financial officer of a registered political party must file an audited financial statement with the Chief Electoral Officer each year. This statement must set out the income, expenses, assets and liabilities of the party. The statement excludes, however, income and election expenses for an election or by-election campaign period. The statements for 1999 were required to be filed by May 1, 2000. Two parties filed after the deadline without an extension: The Liberal Party in Manitoba on May 5, 2000 and the Manitoba Party on June 7, 2000. A detailed list of contributors is filed with the annual financial statement and discloses the name, address and amount of aggregate contributions of $250.00 or more made to the political party by any person or organization in that year. The annual financial statement excludes as income any contributions received during the campaign period of an election or by-election, as these contributions are reported as income on the election period statement.