Elections Canada Proposes Measures to Protect Nomination Contests From Interference

Elections Canada is proposing potential adjustments to safeguard the political nomination process from foreign interference, which includes preventing non-citizens from participating in selecting candidates, mandating parties to disclose contest regulations, and explicitly outlawing actions like multiple voting.

The federal elections body outlines these proposed changes in a discussion guide aimed at assisting chief electoral officer Stéphane Perrault in crafting final recommendations to present to a commission of inquiry on foreign interference later this year.

“We understand that certain changes may pose a burden for political entities or impact internal policies,” states the discussion guide.

“However, we believe the benefits are significant: Nomination contests that instill trust among voters, and fewer instances of irregularities that cause Canadians to doubt the validity of elected Members of Parliament.”

The Canadian Press utilized the Access to Information Act to acquire the guide and a briefing note dated May 30 intended for Mr. Perrault.

The guide was created for a scheduled June meeting of the Advisory Committee of Political Parties, a platform for registered parties to engage with the chief electoral officer on election conduct, administration of the Canada Elections Act, and political financing-related matters.

The guide highlights that during the committee’s annual general meeting last September, there was “little enthusiasm for modifications” to the regulation of nomination contests.

However, a preliminary report from the federal inquiry into foreign interference, conducted by Justice Marie-Josée Hogue in early May, identified nomination contests as a potential avenue for interference.

In light of this, the chief electoral officer “is obligated to explore avenues for enhancing the transparency and security of nomination contests,” the guide explains.

A report released in early June by the National Security and Intelligence Committee of Parliamentarians expressed concern regarding how easily foreign entities can exploit gaps and vulnerabilities to favor certain candidates.

“This is a significant loophole, as several ridings in Canada are considered ‘safe seats’ for a particular party, thus winning a nomination could essentially lead to the candidate’s election,” the report noted.

The briefing note to Mr. Perrault underscores that the Canada Elections Act presently offers “limited oversight” of federal nomination races and candidates.

For example, only candidates who receive $1,000 in contributions or spend $1,000 in expenses are required to submit a financial report. Elections Canada lacks the means to verify if campaigns remain below the threshold.

Additionally, the act does not specify obligations related to candidacy, voting, ballot counting, or results reporting except for the identity of the successful nominee.

The “initial concepts for dialogue” fall into two categories—enhancing the nomination voting process and increasing the transparency of political funding, as per the discussion guide.

A significant adjustment would mandate that voters in nomination contests be Canadian citizens, mirroring the eligibility criterion for elections. The guide mentions that “non-citizens may be more susceptible to pressure from a foreign government.”

Granting access to current voter registries could aid in confirming eligibility.

As an alternative proposal, limiting voting in nomination contests to citizens or permanent residents is suggested.

Additional potential recommendations include:

— compelling parties to release nomination contest rules, specifying who can participate, who can vote, voter ID requirements, the voting process, and the procedure for challenging outcomes;

— mandating that parties disclose comprehensive voting results such as the number of ballots cast and the vote distribution;

— explicitly prohibiting actions like coercing unqualified individuals to vote, intimidation to influence voting decisions, offering or receiving bribes related to voting, and casting multiple votes;

— requiring all nomination candidates to submit a financial report;

— and prohibiting the bulk purchase of party memberships or utilizing campaign funds for such purposes.

The guide emphasizes that parties still retain the option to select a candidate without conducting a nomination contest. “The recommendations would solely be applicable in the event of a contest being held.”

Elections Canada has not yet responded to inquiries about the consultation status and plans for presenting suggestions to the federal inquiry.

The briefing note to Mr. Perrault proposes a statutory amendment that would mandate parties to establish a set of publicly accessible rules for nomination contests. The Commissioner of Canada Elections may have a supervisory role, potentially imposing penalties for non-compliance.

Alternatively, another approach could be to “leave it to the parties to self-regulate,” as is currently the case with party privacy policies.

A key consideration is whether Elections Canada would oversee nomination contests with regulations akin to those governing federal elections, covering aspects such as election staff, ID verification, and ballot counting.

“Such an approach would clearly be a monumental task for the agency and is not a preferred choice,” the briefing note states. “This approach would likely face significant resistance from the parties as well.”