LOCAL GOVERNMENT ELECTIONS REFORM UBCM Conven.on Policy Workshop Presenta2on

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1 LOCAL GOVERNMENT ELECTIONS REFORM 2013 UBCM Conven.on Policy Workshop Presenta2on 1 OVERVIEW Local Government Elec5ons Task Force Challenges Phased approach Key provisions in 2014: Accountability Transparency Compliance and Enforcement Key role for Elec5ons BC Educa5on Going Forward Ques5ons 2 1

2 LOCAL GOVERNMENT ELECTIONS TASK FORCE October 2009 Local Government Elec5ons Task Force formed Recommend changes to local elec5ons legisla5on May 2010 Task Force delivered its recommenda5ons to the Province and UBCM and a July news release signalled green light April 2011 Government announced that Task Force recommenda5ons would be implemented in 5me for 2014 Local Elec5ons September 2013 White Paper on Local Government Elec5ons Reform released phased approach 3 TASK FORCE GUIDING PRINCIPLES Consistency with provincial and federal elec5on rules where prac5cal Flexibility to accommodate par5cular atributes of local government elec5ons Transparency, accessibility, fairness and honesty are hallmarks of democra5c elec5ons Efficiency of the elec5ons process Balance among the interests of local government, the provincial government and the public 4 2

3 TASK FORCE RECOMMENDATIONS Ensure Accountability Enhance Transparency Increase Accessiblity Strengthen Compliance and Enforcement Expand EducaNon and Advice 5 OTHER TASK FORCE RECOMMENDATIONS No contribu5on limits or source restric5ons No public financing for campaign contribu5ons or expenses Do not establish a corporate vote Extend term of office from 3 to 4 years (subsequent decision to stay with 3 years) 6 3

4 CHALLENGES Complexi5es: Balance comprehensiveness and workability Consider independent and endorsed candidates Develop a system that works within B.C. s local government framework Small, rural communi5es to large ci5es 1660 elected posi5ons to over 250 government bodies Implement new legisla5on in a local elec5on year for the 2014 local elec5ons (drac Local Elec2ons Campaign Financing Act LECFA) 7 PHASED IMPLEMENTATION White Paper on Local Government Elec5ons Reform Consulta5on and educa5on process on changes for 2014 Spring legisla5on Expense limits stakeholder outreach process targe5ng 2017 implementa5on 8 4

5 Local Government Elec5ons 2014 PHASE I LECFA (if passed) Accountability Transparency Compliance & Enforcement Winter 2013 thru 2014 Stakeholder Outreach on Expense Limits Policy Development DraRing LegislaNon Local Government Elec5ons 2017 PHASE II New rules for campaign expense limits (if passed) Accessibility Educa5on & Advice 9 ACCOUNTABILITY A separate Act for campaign finance provisions (LECFA) Contribu5ons and expenses generally consistent with LGA rules Ban anonymous contribu5ons Solemn declara5on for elec5ons par5cipants required (awareness and compliance) All third party adver5sers to register with Elec5ons BC (consistent with Elec2on Act) 10 5

6 WHAT DOES THIS MEAN FOR ELECTION PARTICIPANTS? Financial agent and campaign account s5ll required S5ll required to record contribu5ons - > no anonymous contribu5ons If passing the hat financial agent must record names, addresses, amounts Significant contributor informa5on disclosed ($100 or more) S5ll required to record contribu5ons between elec5ons Record elec5on expenses for calendar year and also record campaign period expenses Expanded declara5ons required ensures awareness of requirements 11 TRANSPARENCY Disclosure requirements generally consistent with LGA Reduced 5me for filing disclosure statements Must file within 90 days (currently 120 days) Disclosure statements filed with and published by Elec5ons BC (EBC) Sponsorship informa5on on ads Third party adver5sing rules (i.e. registra5on and disclosure) apply to assent vo5ng (other vo5ng) 12 6

7 WHAT DOES THIS MEAN FOR ELECTION PARTICIPANTS? Filing deadline 90 days acer general vo5ng day (change from 120 days) 30 day late filing fee of $500 starts on day 91 EBC may ask for supplementary reports Sponsorship informa5on on all adver5sing (e.g., candidate or financial agent name) Old signs can be used with sponsorship informa5on added 13 COMPLIANCE AND ENFORCEMENT Focus is compliance but consequences if rules not followed Administra5ve penal5es Consistent with LGA Late filing fee, disqualifica5on, public accountability Offences framework EBC must approve prosecu5ons Change in 5me for star5ng prosecu5ons from 6 months (LGA) to 12 months (LECFA) 14 7

8 WHAT DOES THIS MEAN FOR ELECTION PARTICIPANTS? Administra5ve penal5es Disqualified for failing to file a disclosure statement or supplementary report Disqualified for filing false or misleading informa2on upon court convicnon EBC to maintain and post disqualifica5on list Offences Higher penalty offences and lower penalty offences 15 KEY ROLE FOR ELECTIONS BC Non- par5san, independent Office of the Legislature provincial campaign finance rules New role: Compliance and enforcement of local elec5ons campaign finance rules Guidance and educa5on Receive and publish disclosure statements 16 8

9 WHAT DOES THIS MEAN FOR ELECTION PARTICIPANTS? Local governments remain responsible for administering local elec5ons EBC lead role on compliance and enforcement of campaign finance rules EBC can provide support and answer ques5ons File disclosure statements with EBC EBC follow- up on disclosure statements 17 EDUCATION Proposed Technical Advisory CommiTee Representa5ves appointed by: UBCM, LGMA Ministries of Educa5on, Jus5ce, CSCD EBC BC School Trustees Associa5on To consider maters of common interest including: Educa5on materials Best prac5ces 18 9

10 GOING FORWARD Feedback to October 23, 2013 htp:// Spring 2014 Legisla5on Expense Limits Stakeholder Outreach Educa5on and collabora5on Local government elec5ons November 15, QuesNons? 20 10