REPORT OF THE CHIEF ELECTORAL OFFICER OF YUKON ON ELECTION FINANCING AND POLITICAL CONTRIBUTIONS 2006 REPORT OF THE CHIEF ELECTORAL OFFICER OF YUKON ON ELECTION FINANCING AND POLITICAL CONTRIBUTIONS 2006 July 2007 Published by the Chief Electoral Officer of Yukon July 25, 2007 Hon. Ted Staffen Speaker of the Legislative Assembly Yukon Legislative Assembly Whitehorse, Yukon Dear Mr. Staffen: I am pleased to submit a report on the expenses and revenues for registered political parties and candidates at the 2006 general election. This report also includes information from the annual returns for the registered political parties for the 2006 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, 2006 General Election ......... 5 Appendix III: Election Financing Return, 2006 General Election and 2006 Annual Return, Yukon Party............................................ 6 Appendix IV: Election Financing Return, 2006 General Election and 2006 Annual Return, Yukon Liberal Party ............................... 7 Appendix V: Election Financing Return, 2006 General Election and 2006 Annual Return, Yukon New Democratic Party ................ 8 Appendix VI: Returns Not Filed, 2000 and 2002 General Elections ........................ 9 i REPORT RESPECTING FINANCIAL PROVISIONS FOR CANDIDATES AND REGISTERED POLITICAL PARTIES, 2006 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 2006 general election. It also includes information in the annual returns filed by officials of the registered political parties for 2006. There were three registered political parties and 58 candidates at the general election on October 10, 2006. Four of the candidates ran as independents. Each political party complied with the Act and filed an Election Financing Return. Two candidates have not filed, or had returns filed on their behalf, or have not responded to requests for Election Financing Returns. One registered political party filed an Annual Return for the calendar year 2006 before the filing deadline of April 2, 2007. The Yukon New Democratic Party and the Yukon Liberal Party filed later than the deadline. 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 Office, following nomination day on September 18, 2006. The campaign policies are in this report as Appendix I. Provisions for compliance orders and offences and penalties under Part 6 of the Act were not included in the 2000 Elections Act. The Act contained a provision for the chief electoral officer to issue a certificate requiring a person to do take any action required by the Act. The time restriction was within the election period, which was from the date of the issue of the writs to the date of the return. This period did not extend to the filing of the election financing information. Therefore, to ensure complete compliance with the election financing provisions, the chief electoral officer recommended that the Elections Act be amended. 1 During the 2004 Fall Sitting of the Legislative Assembly the sections in the Act concerning compliance orders were amended in order that there be no end time by which a certificate could be issued to a person or registered political party. The following provision was included in Part 6 of the amended Act: "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, 2006 General Election. Compliance with the election financing provisions of the Elections Act continues to be a major problem. It must be said that candidates and official agents have a legal obligation to fulfill the requirements of the law concerning elections of members to the Legislative Assembly. Those who are elected are further obliged to uphold all laws, including the Elections Act. Registered political parties, candidates and official agents must be more diligent in providing information to potential candidates and their official agents as to their obligations under this law. Election Financing and Annual Returns As well as the amendment to the Act, other amendments included provision for registered political parties to pay for advertising costs for candidates endorsed by those parties and extension of the date for filing from 60 days from the date of the returns to the writ to 90 days. The registered political parties and the Elections Office must 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. Despite the information provided, many of the returns did not provide sufficient information, or indicate an understanding of the reporting requirements. Some examples of failings in individual returns at the 2006 general election included: a return from a candidate’s official agent that consisted of a handful of receipts and two names of contributors in an envelope; no identification of debt holders; no information concerning the amount that the political party had contributed toward advertising costs for an endorsed candidate. As a result of the campaign policies, overall the returns are better than those filed since election financing provisions were introduced in 2000. 2 The Election Financing Returns for the candidates at the 2006 general election are in Appendix II. The returns for each registered political party for 2006 are included in Appendix III through Appendix V. The returns include the names of contributors of over $250 to candidates and registered political parties and the names of any debt holders identified in these returns. 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 VI. 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 06.03 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