Elections Canada floats suggestions to shield nomination contests from meddling

Chief Electoral Officer Stephane Perrault speaks at a press conference about Elections Canada's recommendations report from the 43rd and 44th general elections in Ottawa on Tuesday, June 7, 2022. THE CANADIAN PRESS/ Patrick Doyle

Elections Canada is suggesting possible changes to protect the political nomination process from foreign meddling, including barring non-citizens from helping choose candidates, requiring parties to publish contest rules and explicitly outlawing practices such as voting more than once.

The federal elections agency outlines the proposed moves in a discussion guide intended to help chief electoral officer Stéphane Perrault draft final recommendations to be submitted later this year to a commission of inquiry on foreign interference.

"We recognize that some changes may create a burden for political entities or affect internal policies," the discussion guide says.

"We believe the gain is important: Nomination contests that electors trust, and fewer opportunities for contest irregularities that lead Canadians to question the legitimacy of elected members of Parliament."

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The Canadian Press used the Access to Information Act to obtain the guide and an associated May 30 briefing note to Perrault.

The guide was prepared for a planned June meeting of the Advisory Committee of Political Parties, a forum for registered parties to meet with the chief electoral officer on the conduct of elections, administration of the Canada Elections Act and matters related to political financing.

It notes that at the committee's annual general meeting last September, there was "little appetite for changes" to regulation of nomination contests.

However, in early May an interim report from the federal inquiry into foreign interference, led by Justice Marie-Josée Hogue, flagged nomination contests as a possible gateway to meddling.

In this context, the chief electoral officer "has an obligation to consider ways to strengthen the transparency and security of nomination contests," the guide says.

A report released early last month by the National Security and Intelligence Committee of Parliamentarians expressed concern about how easily foreign actors can take advantage of loopholes and vulnerabilities to support preferred candidates.

"This is a critical gap, because a number of ridings in Canada are considered 'safe seats' for one party or another, so a successful nomination may amount to a candidate's election," the report said.

The briefing note to Perrault points out the Canada Elections Act currently provides "limited regulation" of federal nomination races and contestants.

For instance, only contestants who accept $1,000 in contributions or incur $1,000 in expenses have to file a financial return. Elections Canada has no way to verify that campaigns are under the threshold.

In addition, the act does not include specific obligations concerning candidacy, voting, counting or results reporting other than the identity of the successful nominee.

The "preliminary ideas for discussion" fall into two categories — strengthening the nomination voting process and improving transparency of political financing, the discussion guide says.

A key change would require voters in nomination contests to be Canadian citizens, similar to the eligibility requirement for elections. "Non-citizens may be more vulnerable to intimidation by a foreign state," the guide says.

Allowing access to current registers of electors could help in checking eligibility.

An alternative proposal would limit voting in nomination contests to citizens or permanent residents.

Other possible recommendations include:

• requiring parties to publish nomination contest rules, including who can be a contestant, who can vote, voter identification requirements, the voting process and how to challenge the outcome;
• requiring parties to publish fuller voting results such as number of ballots cast and vote distribution;
• explicit prohibition of practices such as inducing an unqualified person to vote, intimidation to influence someone to vote, offering or accepting a bribe related to voting, and casting multiple ballots;
• requiring all nomination contestants to file a financial return;
• and banning purchase of party memberships in bulk or using campaign funds.

The guide stresses that parties would still have the option of selecting a candidate without holding a nomination contest. "The recommendations would only apply when a contest is held."

Elections Canada did not immediately respond to questions about the status of the consultations and plans for a submission to the federal inquiry.

The briefing note to Perrault suggests making a statutory amendment that would require parties to have a set of publicly available rules for nomination contests. The Commissioner of Canada Elections could have an oversight role, possibly imposing fines for non-compliance.

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Another option would be to "leave it to the parties to self-regulate," which is currently the case for party privacy policies.

A central question is whether Elections Canada would regulate nomination contests with rules similar to those governing federal elections, addressing things like election workers, identification and counting of ballots.

"This would clearly be a mammoth endeavour for the agency and is not a favoured option," the briefing note says. "Such an approach would likely be strongly resisted by the parties as well."

This report by The Canadian Press was first published July 19, 2024.