REPORT OF THE CHIEF ELECTORAL OFFICER OF YUKON ON ELECTION FINANCING AND POLITICAL CONTRIBUTIONS 2011 REPORT OF THE CHIEF ELECTORAL OFFICER OF YUKON ON ELECTION FINANCING AND POLITICAL CONTRIBUTIONS 2011 April 2012 Published by the Chief Electoral Officer of Yukon April 1, 2012 Hon. David Laxton Speaker of the Legislative Assembly Yukon Legislative Assembly Whitehorse, Yukon Dear Mr. Laxton: I am pleased to submit a report on the expenses and revenues for registered political parties and candidates at the 2011 general election. This report also includes information from the annual returns for the registered political parties for the 2011 calendar year. This report is prepared pursuant to section 398 of the Elections Act. Sincerely, Jo-Ann Waugh Chief Electoral Officer TABLE OF CONTENTS Page Report Respecting Financial Provisions for Candidates and Registered Political Parties ......................... 1 Appendix I: Campaign Financing Policies ............................................................... 4 Appendix II: Candidates' Election Financing Returns, 2011 General Election ......... 5 Appendix III: Election Financing Return, 2011 General Election and 2011 Annual Return, Yukon Party ………………………………. 6 Appendix IV: Election Financing Return, 2011 General Election and 2011 Annual Return, Yukon First Nations Party.......................... 7 Appendix V: Election Financing Return, 2011 General Election and 2011 Annual Return, Yukon Green Party ……………………….. 8 Appendix VI: Election Financing Return, 2011 General Election and 2011 Annual Return, Yukon Liberal Party ............................... 9 Appendix VII: Election Financing Return, 2011 General Election and 2011 Annual Return, Yukon New Democratic Party .............. 10 Appendix VIII: Returns Not Filed, 2000, 2002 General Elections ............................ 11 i REPORT RESPECTING FINANCIAL PROVISIONS FOR CANDIDATES AND REGISTERED POLITICAL PARTIES, 2011 Introduction The Elections Act (S.Y. 2004, c. 9) states in section 398: "(1) The chief electoral officer may report to the Legislative Assembly respecting (a) the information contained in returns filed by registered political parties or candidates, (b) anonymous contributions, or (c) any other matter under this Part. (2) The chief electoral officer may include in any report under paragraph (1)(a) the names of contributors over $250 and any debt holders." This report contains the information in the Election Financing Returns filed by candidates and registered political parties pursuant to Part 6 of the Elections Act for the 2011 general election. It also includes information in the annual returns filed by officials of the registered political parties for 2011. There were six registered political parties at the issue of the writs of election for the general election of members to the Yukon Legislative Assembly on October 11, 2011. On nomination day, September 19, 2011, there were 62 candidates, two of whom were independents. The chief electoral officer cancelled the registration of the United Citizens Party of Yukon on nomination day. The Elections Act requires at least two candidates to be endorsed by a registered political party at a general election. The United Citizens Party of Yukon did not endorse any candidates. Each registered political party complied with the Act and filed an Election Financing Return. Election returns for 12 candidates: were filed after the January 16, 2012 deadline; have not been filed, or have not been filed on behalf of candidates’. There have not been responses from two candidates or their official agents to further requests for Election Financing Returns to be filed. Each registered political party filed an Annual Return for the calendar year 2011 before the filing deadline of March 31, 2012. Compliance with the Financial Provisions Campaign policies, established by the Elections Office, were provided to candidates’ official agents in packages provided by the Elections Office, or available at the Elections 1 Office, following nomination day on September 19, 2011. The campaign policies are in this report as Appendix I. The Elections Act contains provision for the chief electoral officer to issue a certificate requiring a person to take any action required by the Act. The Act states: "399.1.(1) The chief electoral officer may issue directions to officials or official agents to enforce the requirements of this Part. (2) A compliance order pursuant to Part 4 of this Act may be issued to a registered political party or a candidate who fails to fulfill the requirements of this Part." The specific provision in Part 4 of the Act that is relevant is section 352. It describes the process for the chief electoral officer to issue a certificate and have it filed with the Yukon Supreme Court. The effect of this action is to enforce the compliance order as a judgment of the Court. The two candidates, who have not filed returns, have each been served with an order to comply with the Elections Act and are named in Appendix II, Candidates’ Election Financing Returns, 2011 General Election. Compliance with the election financing provisions of the Elections Act continues to be a major problem. Candidates and official agents have a legal obligation to fulfill the requirements of the law concerning elections of members to the Legislative Assembly. Registered political parties must be more diligent in providing information to potential candidates and their official agents as to their obligations under this law and candidates and their official agents must be more knowledgeable of their duties concerning campaign financing. The registered political parties and the Elections Office each need to take responsibility for the information provided to candidates, officials and official agents. Each official agent and official of a registered political party received: income tax credit receipts, a set of forms for filing, directions on completing these forms, Part 6 of the Elections Act, and, in the case of candidates, the campaign policies for this election. As stated in the report following the 2006 general election: “Despite the information provided, many of the returns did not provide sufficient information, or indicate an understanding of the reporting requirements.” The Elections Office cannot be responsible for completing individual returns. The Election Financing Returns for the candidates at the 2011 general election are in Appendix II. The returns for each registered political party for 2011 are included in Appendix III through Appendix VII. The returns include the names of contributors over $250 to candidates and registered political parties and the names of any debt holders identified in these returns. 2 Returns Not Filed, 2000 and 2002 General Elections Candidates, who have outstanding Election Financing Returns for the 2000 and 2002 general elections, are named in Appendix VIII. The amendments regarding compliance orders do not apply to these candidates and certificates cannot be issued to them. Public Information All returns of financial information concerning candidates and registered political parties are public information and are available for review during business hours at the Elections Office. _____________________________________ 3 APPENDIX I: CAMPAIGN FINANCING POLICIES 4 10.05 Campaign Financing Policies The following policies will apply to candidates and official agents for this election to ensure compliance with the intent of the election financing provisions in Part 6 of the Elections Act. Income tax credit receipts • A candidate's official agent is the only person who can sign receipts to be used for income tax credits for contributions to the candidate which is received in the form of cash, cheque, postal or bank money order. These receipts are available from the Elections Office and issued only to the official agent. • Income tax credit receipts must be prepared with the names and addresses of the contributors. • Income tax credit receipts must not be given: • for office space, a vehicle, office equipment, printing, or any other goods or services • to someone who is working in the campaign office, or otherwise working for the candidate, unless the person has made a contribution of cash, cheque, postal or bank money order as a contributor. • Unused receipts must be returned to the Elections Office. • It is recommended that an unofficial, temporary receipt be issued immediately a contribution is received. Contributors • If a contribution is received from a contributor in the form of a cheque drawn from a joint chequing account, the income tax credit receipt must be issued to the person who signed the cheque. Contribution • Donations of cash, cheque, postal or money order, which are made to a candidate, must be receipted by the candidate's official agent. These donations must be reported in the candidate's election return, even if the money is to be turned over to a registered political party. The political party must not include this amount in its election return. If the donation is intended for the political party, it should be contributed directly to the party. The receipt can then be issued by the party official and reported in the party's election financing return. Election expenses • Salaries or honoraria paid to campaign workers must be reported as an election expense. • All candidates must report election expenses. It is expected that a candidate will have expenses, in addition to personal expenses, during a campaign. i • Advertising naming the candidate that the party is endorsing,