Elections Canada has proposed possible changes to protect the political nomination process from foreign interference, including banning foreigners from helping select candidates, requiring political parties to publish their election rules and explicitly banning certain practices such as multiple voting.
The Federal Election Commission outlined the proposed measures in a discussion guide intended to help Election Commission Chair Stephen Perot draft final recommendations to present to the Commission on Foreign Interference later this year.
“We recognize that some changes may burden political organizations or affect their internal policies,” the discussion guide states.
“We believe this outcome is significant: nominated elections that voters can trust and reduced opportunities for electoral fraud that could lead Canadians to question the legitimacy of their elected MPs.”
The Canadian Press used the Freedom of Information Act to obtain the guide and a related memo of a May 30 briefing with Perreault.
The guide was prepared for a scheduled June meeting of the Political Parties Advisory Committee, a forum where registered political parties meet with electoral chiefs about matters relating to the conduct of elections, the implementation of the Canada Elections Act and political financing.
The committee held its annual meeting in September last year but noted there was “little appetite for change” to the rules on nomination contests.
But in early May, an interim report from a federal investigation into foreign interference led by Judge Marie-Josée Hogue warned that the nomination fight could be a gateway for interference.
In this context, the Chief Electoral Officer “has a duty to consider ways to enhance the transparency and security of nomination elections,” the guide states.
A report released early last month by the parliamentary National Security and Intelligence Committee expressed concern about how easily foreign powers could exploit loopholes and vulnerabilities to support their preferred candidates.
“This is a significant gap, as many constituencies in Canada are considered ‘safe seats’ for one party or another and could lead to a candidate’s election victory if nominated successfully,” the report said.
Restrictions of the Canada Elections Act
The briefing to Perrault noted that the Canada Elections Act currently places “limited restrictions” on federal nomination elections and candidates.
For example, only candidates who receive $1,000 in donations or incur $1,000 in expenses are required to file a financial return, and Elections Canada has no way of checking whether a campaign is below the threshold.
Moreover, the Act does not contain any specific requirements regarding candidacy, voting, counting, or reporting of results, other than the identity of elected officials.
According to the discussion guide, the “preliminary ideas for discussion” fall into two categories: strengthening the nomination voting process and increasing transparency in political finance.
A key change, as well as election eligibility requirements, is that nomination voters will now be required to be Canadian citizens. “Non-citizens may be more vulnerable to foreign intimidation,” the guide states.
Allowing access to the current electoral roll could help verify eligibility.
An alternative proposal would be to limit voting rights in nomination elections to citizens or permanent residents.
Other changes include:
- It requires political parties to publish the rules of their nomination contests, including who can run, who can vote, voter identification requirements, the voting process, and how to challenge the results.
- Political parties will be required to publish more detailed voting results, such as the number of votes and vote distribution.
- Explicitly prohibiting activities such as encouraging ineligible people to vote, intimidating others to vote, offering or accepting bribes in connection with voting, and multiple voting.
- Require all nominees to submit financial reports.
- It bans the bulk purchase of party membership and the use of campaign funds.
The guidelines stress that political parties still have the option to select candidates without holding nomination elections. “This recommendation applies only if elections are held.”
Elections Canada spokesman Matthew McKenna said Friday that discussions with political party advisory committee members last month were “part of an ongoing process.”
“We look forward to continuing our dialogue with the political parties.”
The brief to Mr Perot also proposed legal changes that would require political parties to have a set of disclosure rules for nomination contests, with oversight by Elections Canada and the possibility of imposing fines for non-compliance.
The other option would be to allow political parties to self-regulate, as is currently the case with their privacy policies.
The central question is whether Elections Canada will regulate nomination elections with rules similar to those that govern federal elections, which deal with matters such as election staff and the identification and counting of ballots.
“This would clearly represent a huge undertaking for the authorities and is not a preferred option,” the report said. “Such an approach would likely be strongly resisted by the parties involved.”
McKenna acknowledged that Elections Canada “is not looking to manage nomination contests on behalf of political parties, but we believe the rules help protect those contests.”
