Municipal Affairs Answers Elections Questions

Municipal Affairs recently provided answers to election-related questions asked during last month’s Municipal Leaders’ Caucus (MLC) on funding and eligibility.

Funding for Senate Elections and Referendums

At MLC, Municipal Affairs minister Ric McIver committed to provide more details on the funding announced in the province’s Budget 2021 to help cover the costs of senate elections and referendums.

Municipal Affairs provided the following information:

• $10 million has been set aside in Budget 2021 to support the costs of Senate and referendum votes:  $5 million for Senate votes and $5 million for referendum votes.
• The funding formula to distribute these funds is as follows: 
  • For Senate votes:  $1 per capita, or a minimum of $1,000, where a local election is required; $2 per capita, or a minimum of $2,000, where no local election is required (e.g., acclamation). 
  • For referendum votes:  the same formula will be used as for Senate votes.
  • Therefore, the total funding for each municipality will be $2 per capita, or a minimum of $2,000 where a local election is needed, or $4 per capita or a minimum of $4,000 where no local election is needed.
• The 2019 Municipal Affairs Population List will be used to calculate the funding amount for each municipality. This is the same population source being used for the ministry’s other 2021 grant programs, like the Municipal Sustainability Initiative (MSI) and Gas Tax Fund.
• Once funding amounts have been determined and approved, Municipal Affairs will mail agreement letters to all eligible municipalities. These letters will confirm grant amounts and contain any conditions on the funding. This is anticipated to take place in early summer, likely sometime in June.
• Beyond the letters, the ministry does not anticipate any funding agreements being required.
• Once the agreement letters have been sent out, the first round of payments will be made. The first payment will be $2 per capita or the $2,000 minimum. This recognizes that there may be some initial costs to municipalities in preparing for the votes.
• There will be no need to apply for the funding – it will be sent automatically.
• Municipal Affairs will also pay the required amounts to those municipalities that are conducting votes on behalf of summer villages, special areas, Improvement Districts, First Nations, and the City of Lloydminster. 
• This is again targeted for early summer. 
• However, if the senate election and/or referendum votes do not occur, the province may, at its discretion, require that the funding be returned.

While we appreciate the funding, AUMA remains disappointed that the province plans to hold senate elections and referendums at the same time as local election.  In the next week or so, we will release information on the pledge we discussed with members at MLC, which encourages candidates to keep local elections local by focusing on issues which councillors are able to influence.

In addition, we welcome feedback from members on whether the funding is sufficient to cover the incremental costs of the additional ballot questions.

Enforcing Eligibility Requirements

Members at MLC also had questions about the role of Returning Officers in confirming the eligibility of candidates to stand for municipal office.

AUMA sought clarity from Municipal Affairs on this issue. Returning Officers do not have a gatekeeper functioning in relation to nominations. They do not verify eligibility. If they become aware of a potential issue prior to a nomination being filed, they can inform the individual of the eligibility criteria (but are not required to do so). They are to remain neutral.  Their only role is procedural, meaning a Returning Officer may only refuse to accept a nomination if it is not submitted in the prescribed form, the form is not signed by at least the minimum number of electors, the form has not been sworn or affirmed by the candidate or a deposit is not provided, if required. Similarly, CAOs are not obligated to take action if they are aware of candidate eligibility issues (e.g., tax arrears), though they should inform Council.

Anyone can request a copy of a tax certificate to verify if a candidate is in arrears. Administrative staff should not release any personal information (as defined in the Freedom of Information and Privacy (FOIP) Act), only publicly available information – unless legal advice/order directs or authorizes the release.

If there are any challenges to the eligibility of a candidate, another candidate or an elector may file an affidavit along with paying a sum of $500 to the Court of Queen’s Bench at any time.  In addition, eligibility issues can also be challenged after an election is over. A Council can seek legal advice on acts that disqualify elected officials from Council. There is no process for Council to remove a disqualified Councillor without going to court – which only Council can initiate.