Bill 209 — Third Session, 17Th Legislature, 23 Elizabeth Ii the Legislative Assembly of Alberta Bill 209 An Act To Amend the Election Act (Legislature 17, Session 3)

L17 S3 5357

Alberta — Bills

1974 Bill 209 Third Session, 17th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 209

An Act to Amend The Election Act MR. NOTLEY First Reading . . . . . . . . . . . . . . . . . . .. . ........ . 8econd Reading .......................... . Third Reading ............................. . Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 209 Mr. Notley BILL 209 1974

AN ACT TO AMEND THE ELECTION ACT (Assented to , 1971,.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Election Act is hereby amended. 2. The following

section is added after

Section 158: 158.1

(1) No candidate, nor the organization or party to which he belongs or which he supports or endorses him, nor any other supporter, agent, or endorser of the organiza tion, party, or candidate shall separately or together before, during or after the election, on account of the election, spend or layout any money, or money's worth other than the donor's personal services, in excess of (a) 25 cents per elector in the aggregate, or (b) $2,000 in anyone electoral division, and all such money or money's worth spent or laid out in the electoral divisions shall be included in the reckoning under clause (a).

(2) No money or money's worth ·shall be so spent or laid out to value in excess of $50 by any person on his own behalf or on behalf of another without written record with the official agent of the candidate or at the headquarters of the political party to which the candidate belongs or which supports or endorses him (the proof of which written record shall be upon the person making the payment on laying out the money's worth).

(3) Any person so paying or laying out money"s worth in contravention of subsection (2) is guilty of an offence and liable on

summary conviction to a fine not exceeding $1,000. ( 4) Any person and every officer of any party or organ ization contravening subsection (1), (

a) is guilty of an offence and liable on

summary con viction to a fine of one dollar for every dollar spent, or dollar's worth laid out, in exces,s of the limits imposed, and

Explanatory Notes This Act will curtail the power of established wealth to unfairly influence elections by large, secret payments or supply of goods or services to political parties at election time, by placing restric tions on campaign expenditure and compelling disclosure of the source of the larger election donations.

(

b) if the excess is ~n an electoral division in which the candidate has been elected, his election is ipso facto void, unless he satisfies the judge, on application, that the excess was inadvertent and trivial.

(5) For the purposes of subsection (4) any excess over the limit imposed by subsection (1), clause (

a) occurring generally shall be apportioned equally amongst all the can didates adhering to the party or organization contravening subsection (1), clause (

a) and each portion shall be deemed election expenditure by the candidate in the electoral division in which he is a candidate.

Section 161 is struck out and the following is sub stituted: 1.61.

(1) A detailed statement of all election income and expenses incurred by or on behalf of a candidate, in cluding payments in respect of his personal expenses, and by or on behalf of the party or organization to which he be longs, or which supportS' or endorses him, shall (

a) within two months after polling day, or (

b) where by reason of the death of the creditor no claim has been sent in within such period of two months, then within one month after the claim has been sent in, be made out in Forms 48 and 48A respectively and signed by the official agent who made the payment, or by the candi date in case of payments made by him, or by a principal officer of the party or organization in the case of the statement by the party or organization, and delivered to the returning officer in the case of the statement by the candidate, and to the Clerk of the Legisla,tive Assembly in the case of the statement by the party or organization, to gether with the bills and vouchers relating thereto.

(2) The detailed statement shall include (

a) all the money and money's worth referred to in

section 158.1, subsection (1) which for the purposes of that subsection is deemed income of the candidate and the party or organization respectively, (

b) where a single item of income so defined exceeds $50 in value, the name of the source, and (

c) a reconciliation of income and expenditure with an explanation of the expected source of any deficit or destination of any surplUS.

(3) In the case of the statement by the candidate, (

a) his deposi!t shall not be returned unless he and his official agent and the party or organization that supported or endorsed him have complied with sub- 2

section (1), and the cost of the publication of the statement required by clause (

c) and subsection (4) shall be deducted from the deposit before it is returned, (

b) the cost of publishing the statement of the party or organization shall be equally borne by the can didates adhering to that party or organization, and the Clerk of the Legislative Assembly shall notify the returning officers of the deductions for this purpose before the deposit is returned to the can didate, and (

c) the returning officer within 14 daY's after receiving the statement from the candidate shall publish it in a newspaper published or circulating in the electoral division and the returning officer shall mail a copy of the statement, together with a copy of the newspaper in which the statement was pub lished, to the Clerk of the Legislative Assembly.

(4) In the case of the statement by the party or organi zation, the Clerk of the Legislative Assembly, within 14 days after receiving the statement shall publish it in three newspapers circulating generally in Alberta.

(5) The returning officers and the Clerk of the Legis lative Assembly shall preserve all the bills and vouchers submitted with the statements and shall during the six months next after they have been delivered permit any elector to inspect them on payment of a fee of 25 cents.

(6) A candidate or official agent and every officer of a party or organization that makes default in complying with subsection (1) and a candidate and every officer of a party or organization that fails to deliver or cause to be delivered any statement or other document required by subsection (1), whether to be delivered by himself, by his official agent, by his party, or by his organization, is guilty of an offence and liable on

summary conviction to a fine of not lesls· than $25 for each day he is in default.

(7) Any agent or candidate, or officer or member of a party or organization who wilfully furnishes to the returning officer or Clerk of the Legislative Assembly an untrue statement is guilty of an offence and liable on

summary conviction to a fine of $1,000. 4. Form 48 is struck out and the forms in the

Schedule to this Act are substituted therefor. 5. This Act comes into force on the day upon which it is assented to. 3

THE ELECTION ACT FORM 48 (Section 161 (1) ) Electoral Division of ................................ . STATEMENT OF CANDIDATE'S ELECTION EXPENSES Amount Deposit (if forfeited) ................. . Office Supplies ......................... . Postage ............................... . Printing and advertising ................. . Rental of Halls ......................... . Travelling expenses ..................... . Miscellaneous (itemize): TOTAL AMOUNT STATEMENT OF CANDIDATE'S INCOME Donations by individuals, associations, organ izations, or companies, the amount of which was under $50 .......................... .

Donations, the amount of which were over $50 (here list names and addres'ses of each donor, including loans, if applicable) SUB-TOTAL 4

Money's worth donations by any individual, association, organization, or company, in cluding such things. as campaign personnel paid for by other sources, aircraft, auto mobiles" buildings, etc., temporarily donated for the campaign SUB-TOTAL TOTAL AMOUNT THE ELECTION ACT FORM 48A (Section 161 (1) ) STATEMENT OF POLITICAL PARTY'S OR ORGANIZATION'S ELECTION EXPENSES Deposit (if forfeited) Office Supplies ........................ . Postage Printing ............................... . Advertising (

a) Newspaper ......... . (

b) Radio ............. . (

c) Televisrion ......... . (

d) Other ............. . SUB-TOTAL Rental of Halls . . . . . . . . . . . . . . . . . . . . . . . . . . Travelling expenses . . . . . . . . . . . . . . . . . . . . . . Miscellaneous (itemize) : TOTAL AMOUNT 5 Amount

STATEMENT OF POLITICAL PARTY'S OR ORGANIZATION'S INCOME Donations by individuals, associations, or ganizations, or companies, the amount of which was under $50 ................... . Donations, the amount of which were over $50 (here list names and addresses of each donor, including loans, if applciable) SUB-TOTAL TOTAL AMOUNT Money's worth donations by any individual, association, organization, or company, includ ing such things as campaign personnel paid for by other sources, aircraft, automobiles, buildings, etc., temporarily donated for the campaign.

SUB-TOTAL TOTAL AMOUNT Amount The total expenditure and total income should be equal. If not, indicate why, and the destination of the surplus, or source of income for the deficit. 6 Title: 1974 (17th, 3rd) Bill 209,

An Act to Amend The Election Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5357
Type	bill
Volume / chapter	L17 S3 5357
Language	en
Format	json
Source	PROVINCIAL
Identifier	e89c59b7d3eb0c2c9a33cf1c9b6fd93bd74ce809

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