Declared candidate's Twitter shut down by territorial election chief
Julie Green, vying for the Yellowknife Centre seat in the NWT election, was told by Nicole Latour she is not allowed to actively campaign until Oct. 26
John McFadden
Northern News Services
Wednesday, September 2, 2015
SOMBA K'E/YELLOWKNIFE
A declared candidate for this fall's territorial election has voluntarily taken down her election Twitter account after being told by the chief electoral officer (CEO) for the NWT that she is not allowed to actively campaign until Oct. 26.
NWT Chief Electoral Officer Nicole Latour has issued a directive telling potential candidates that they must not campaign for the territorial election until Oct. 26. Latour has already shut down a would-be candidates's Twitter account because it referred to the Nov. 23 vote. - John McFadden/NNSL photo |
Julie Green, who has declared that she will run in the Yellowknife Centre riding, said she was informed Monday by chief electoral officer (CEO) Nicole Latour that she was campaigning before the official campaign period.
"I did open an account and I sent one tweet and I realized that it wasn't appropriate to have it active until the writ is dropped, so it's been taken down. The chief electoral officer brought it to my attention," Green said.
Green said she wasn't exactly sure what her tweet stated.
"I think it said something like watch this space for NWT election 2015, something like that," she said.
Green said it was an honest mistake and she intends to reactivate the Twitter account once the writ has been dropped.
Meanwhile, the directive issued by Latour last week told potential candidates they cannot actively campaign until Oct. 26.
The written directive was also released to the media last Friday, and states: "No person who may be a candidate in the Nov. 23 territorial election shall campaign or otherwise promote his or her candidacy until their nomination papers have been filed and accepted by the returning officer of their electoral district."
But there is nothing explicit in the NWT Elections and Plebiscites Act that prohibits a candidate from campaigning early.
The justification for the directive comes from the act itself, according to Latour.The act states the chief electoral officer may, by written directive, adapt the act if he or she "is of the opinion during the election ... a mistake, miscalculation, emergency or unusual or unforeseen circumstance makes it necessary to adapt any of the provisions of this act."
When asked what the mistake, miscalculation or emergency was, Latour said, "in my assessment I felt that was the way it was going to go. That there was reason to use that clause."
She did not elaborate with specifics.
The term "during the election," according to the act, is defined as "the period beginning on the day the writ of election is issued."
When asked to clarify this, Adrienne Cartwright, communications officer for Elections NWT stated by e-mail, "our CEO has nothing further to add."
Section 286, which the directive was also issued in accordance with, states a person who fails to comply with the act could face a $2,000 fine, six months in jail, or both.
Latour said her department has received a number of requests for clarification on campaigning and exactly when campaigning can start.
"We have received a complaint ... based on the directive that I issued last week. This just provides greater clarity for any intended candidates on what are acceptable activities in the pre-election period," Latour said. "The act doesn't specifically say campaigning is not allowed, so I clarified what I thought was appropriate actions during pre-election and that campaigning should occur during the writ period which is also known as the campaign period."
Latour issued her directive despite a report from her predecessor following complaints during the 2011 territorial election.
In that report, then-chief electoral officer David Brock stated the act does not prohibit campaigning before the issue of the writ. His statement followed complaints that were received about prospective candidates declaring their intention to seek election before the issue of the writ.
Latour was the NWTs deputy chief electoral officer when that report was released.
"I just chose perhaps a different course of action than he (Brock) did to the benefit of the intended candidates. I read the act - they read the act - if there are an overwhelming number of questions that come in of the same nature, then they need to be given guidance," Latour said.
"The act, as it is written, did not currently provide adequate direction for potential candidates. It needed to be spoken to and (the directive) was the most effective way to address it."
As soon as nomination papers have been accepted by an election officer you become an official candidate and then you campaign, Latour said.
"I don't think there is any problem with having discussions to solicit your support and to make your intentions known but to promote yourself actively before that is not something that should occur during the pre-election period in my opinion."
Yellowknifer asked Latour what, in her mind, would constitute campaigning.
"Any act of promotion with campaign materials - any act of campaigning. I think it's fairly clear cut - regular campaigning activities. My directive is pretty clear. I'm going to let it speak for itself. The other bigger concern that factored into this is the perfect storm that we face in the city in particular right now ... with three electoral events going on at the same time and the great likelihood of voter confusion and subsequently voter fatigue," Latour said.
The municipal, federal and school board elections are set for Oct. 19.
"The pre-election period is not intended as a campaign period and to have everybody out there ... that's a lot for the citizens," she said.
She said her office would not being going out of its way to look for candidates who were violating her elections act directive, but would respond to specific written complaints from the public.
City councillor Cory Vanthuyne, who has declared that he is running for MLA in the newly-created Yellowknife North riding, said that he not only believes Latour is well within her rights to issue the directive but added that he welcomes the clarification. He also doesn't think her directive gives incumbent MLAs any specific advantage.
"The people who are wanting to run against current, sitting elected officials are still free to be interviewed by the media. If you were interviewing me and I was a newcomer to the scene I could speak freely about the issues and what I see needs to be changed or what is working well ... I could also write an editorial to the paper," Vanthuyne said.
He added that he has no problems with the campaign rules as long as they apply to all the candidates.
