Elections boss backtracks on directive
Legislative assembly clerk says first memo to would-be MLAs 'confusing'
James Goldie
Northern News Services
Updated: Friday, September 11, 2015
SOMBA K'E/YELLOWKNIFE
A "confusing" directive issued by the territory's chief electoral officer two weeks ago has since been clarified after receiving closer scrutiny by MLAs and the speaker of the legislative assembly.
Nicole Latour's Aug. 28 directive forbid prospective MLAs from campaigning ahead of the four-week election period preceding the Nov. 23 territorial election. The directive forced at least one MLA hopeful, Julie Green, to shut down her Twitter account set up for her intended campaign run for the Yellowknife Centre riding. The account was re-activated shortly after a Yellowknifer story on the directive was published Sept. 2.
Legislative assembly speaker Jackie Jacobson met with Latour last week to question her about her statement, which contradicts the territory's election law. Under the law, potential candidates are free to campaign and spend up to $30,000 of their own money both during and three months before the campaign period begins but donations are prohibited prior to the official election start.
Jacobson subsequently issued a news release stating, "during this meeting, the chief electoral officer offered to review the ruling and publicly clarify its intention."
Latour's updated directive was issued Tuesday and while it removes the prohibition on campaigning during the pre-election period it does not explain the intention behind this or the previous directive.
The latest document does outline some of the rules set out in the territory's Elections and Plebiscites Act as they pertain to the three-month pre-election period.
"During the pre-election and campaign periods a prospective candidate may use his or her own funds not exceeding $30,000 to promote his or her intended candidacy," Latour stated, quoting the legislation almost directly.
The new message effectively reverses the earlier instructions, which stated that, "No person who may be a candidate in the November 23rd 2015 Territorial General Election shall campaign or otherwise promote his or her anticipated candidacy until their nomination papers have been filed and accepted by the returning officer of their electoral district."
Tim Mercer, clerk of the legislative assembly, said the original directive "created some confusion, largely because it represented a significant change from the way things have been done in the past."
"I think what the chief electoral officer has done with her most recent ruling is clarified and taken away that confusion," he added.
Mercer said there is nothing unusual about chief electoral officers issuing directives, although he admitted he could not recall a previous instance "where there has been such a significant interpretation of the legislation announced in the immediate run-up to an election."
Mercer did not speculate on Latour's reasons for focusing her attention on the issue of potential candidates breaking rules in the pre-election period. He said those questions would be best answered by the chief electoral officer. Latour's office declined Yellowknifer's request for an interview.
"The press release and the attachment pretty much provide any information we'd be giving you," said Elections NWT spokesperson Adrienne Cartwright. "So (we have) nothing further to add."
Candidate happy about policy reversal
Jan Fullerton is executive director of Skills Canada NWT and intends to run as a candidate in the Frame Lake electoral district this November. Fullerton said she was glad to see the reversal in policy.
"There's a lot of things that really can't be left until the election period, and that was all going through my head when the first directive came out," she said.
Fullerton said being unable to promote an anticipated candidacy would interfere with tasks such as preparing campaign material, lining up people to sign nomination papers and building at least some name recognition before the writ is dropped.
'Follow the act'
"It would provide a greater advantage to incumbents if people couldn't do any (self-promotion) before the actual campaign period," she said.
"I think it's a big improvement. The new directive basically just says, 'Follow the act.'"
The directive also highlights the prohibition on prospective candidates from fundraising for their campaign until the writ has dropped four weeks before election day, pointing to legislation that states, "no person, association or organization shall make a contribution to promote a person's candidacy before the campaign period begins."
Mercer said this rule is nothing new.
"Until a member's nomination papers have been properly filed and accepted, and until an official agent has been appointed, there's nobody to really hold the money, to accept the money, to issue taxable receipts," he said.
Fullerton was not concerned by the act's restriction on receiving campaign donations in the pre-election period.
"That doesn't mean you can't be having conversations and getting verbal commitments, as I read the act," she said, emphasizing that this is only her interpretation and she is not a lawyer.
