PROC Committee Report

Government Response to the Thirteenth Report of the Standing Committee on Procedure and House Affairs

Improving the Integrity of the Electoral Process

Introduction

Canada’s democratic system is universally respected and generally functions well in the service of all Canadians. However, an essential part of a well-functioning democracy is the willingness to make needed reforms to the electoral machinery that is at the heart of our system of representative democracy to ensure it continues to operate effectively and fairly. Key to such reforms is the need to strike a careful balance between facilitating voting by those who have the right to vote and ensuring the integrity of the electoral process so that it continues to secure the confidence of Canadians.

The recommendations in the thirteenth report of the Standing Committee on Procedure and House Affairs, Improving the Integrity of the Electoral Process, clearly reflect the commitment of Committee members from all parties to protect our electoral process. The Committee had the benefit of evidence from the Chief Electoral Officer, the Privacy Commissioner and representatives from the four political parties in the House of Commons in formulating its recommendations. Further, as Members of Parliament themselves, Committee members were able to draw on their significant knowledge and expertise on electoral matters in proposing reforms that will make the electoral process work better for all political parties and all Canadians.

The Government has reviewed the Committee’s recommendations in detail and is pleased to announce that it will be introducing a bill in the House of Commons to implement almost all of the Committee’s recommendations from the thirteenth report. We have worked with the Office of the Chief Electoral Officer in developing the bill to ensure that the proposed measures can be implemented effectively.

As explained in detail below, almost all of the recommendations that are not included in the bill are matters not clearly appropriate for legislative action at this time, such as those that require an administrative solution or need greater consultation and study due to the potential impact on stakeholders. The Government invites the Committee to study any of these issues in greater detail and will be eager to work with Committee members on future reforms that will ensure the Canadian electoral system is always functioning at its best.

Measures to reduce the potential for fraud or error that could result in voting by individuals not entitled to vote

The bill will implement a number of Committee recommendations that will assist in reducing the potential for fraud or error that could impair the integrity of the voting system by allowing voting by individuals who are not entitled to vote. The Committee heard evidence from political parties and Committee members of instances in which non-citizens have voted. Concerns were also raised about voter information cards that are sent by Elections Canada being left in bundles in apartment buildings, leaving open the opportunity for individuals seeking to defraud the system to use these cards as evidence of their entitlement to vote.

The nature of our voting system makes it difficult to conclusively determine how widespread voter fraud may be. However, each instance that comes to light affects public confidence in the integrity of our electoral process and even a small degree of fraud can affect the results of a close election. In addition, some individuals may vote out of a mistaken belief that they are eligible to do so rather than due to any malicious intent. The proposed legislative reforms will go a significant way in preventing these opportunities from arising, including:

• Implementing a uniform system of voter identification at the polls (recommendation 6.6).

  This new system will apply to electors who are already on the voters’ list and to individuals who are seeking to register to vote at the polls. Voters will be required to show one piece of government-issued identification with name, photograph and residential address (e.g. a driver’s licence) or two pieces of acceptable identification establishing identity and residence. Voters will be advised of the new identification requirements on their voter information cards and the Chief Electoral Officer will be required to publish a list of acceptable identification. To ensure no one with the right to vote is disenfranchised as a result of these measures, if an individual does not have identification, he or she may still vote after swearing an oath as to his or her identity and having a qualified elector vouch for him or her. Individuals swearing the oath to prove identity will be advised by elections officials as to the qualifications of voters and the legal consequences of voting fraudulently. The Government encourages the Chief Electoral Officer to undertake public education and outreach initiatives to ensure that voters are aware of the identification requirements to be implemented in the bill. Additionally, we encourage the Chief Electoral Officer to take action to ensure, where circumstances warrant, that voters who do not understand English or French are made aware, in a language they can understand, of what the voting rules are, that they will be breaking the law if they vote fraudulently, and that there are penalties for breaking the law. We also encourage the Office of the Chief Electoral Officer to follow the Committee’s suggestion that a random verification process in relation to oaths be undertaken following an election to ensure ineligible people are not voting. There are statutory sanctions for taking a false oath. This reform will create a uniform system for identification at the polling stations across the country, which will also address the Committee’s concern that the current power of candidates’ representatives to demand identification from voters is being unevenly respected in practice (recommendation 6.7).

• Prohibiting “serial vouching” at the polls (recommendation 6.4).

  The bill will prevent a practice that has become known as serial vouching, whereby an individual who was not originally registered to vote is vouched for by someone in order to be added to the voters’ list, and then vouches for someone else who was not registered, and so on. This practice raised concerns with the Committee for its potential to affect the integrity of the voters’ list. The prohibition on this practice will ensure the integrity of the identification procedure that is being implemented and, in turn, reinforce the integrity of the voting system by preventing previously unverified voters from acting as vouchers for other unverified voters.

• Adding the date of birth to the voters’ list used at the polls (recommendation 2.7).

  Adding the date of birth of electors, which is already a part of the National Register of Electors, to the revised list of electors used at advance polls and the official list of electors used on polling day will provide elections officials with another means to ensure the identity of a person seeking to vote.

• Requiring voters to sign a written affidavit if there is a reasonable doubt as to their eligibility to vote (recommendation 2.22).

  Only Canadian citizens 18 years or older may vote but, currently, there is no requirement to show proof of eligibility to vote, even where doubts as to an individual’s eligibility may be raised. The bill will provide, as recommended by the Chief Electoral Officer and the Committee, that polling officials, candidates, and candidate representatives be permitted to require a written affidavit or solemn affirmation of eligibility by a potential elector where a reasonable doubt is raised about that person’s eligibility. This will create a record if enforcement action is required in the future without creating an unnecessary burden on electors to carry proof of citizenship with them to vote.

The Committee also recommended that warnings be posted at the polls in both official languages advising of the offences and punishments for voting unlawfully in order to deter fraud or mistakes from occurring (recommendation 6.2). The CEO indicated during his appearance before the Committee that there are already signs posted in relation to eligibility to vote and that these could be amended to include warnings about the consequences for violating the CEA and voting unlawfully. The Government encourages the CEO to post such warnings at the polls for all future elections so that all voters are aware of the rules concerning voting and the consequences of violating the CEA.

The voter identification scheme to be introduced in the bill will significantly reduce the opportunity for the fraudulent use of discarded voter information cards. However, the Committee raised concerns in relation to the delivery and dispersal of voter information cards (recommendation 6.3) and the Government encourages the Committee to study the issue further if it considers it necessary once the voter identification measures are implemented.

Similarly, the Committee called on Elections Canada to develop guidelines in relation to the registration of voters at the polls, expressing concern about recent instances of large numbers of polling day registrations affecting confidence in the integrity of the voters’ list, raising the spectre of fraud, and resulting in the under-estimation of candidate spending limits (which are largely based on the number of registered electors on the preliminary and revised voters’ lists in an electoral district). The Government believes that its proposed statutory amendments to clarify the identification required to register at the polls and to prohibit serial vouching will largely address these concerns. However, we are open to any other recommendations of the Committee on this issue and will work with Committee members and Elections Canada to ensure continued public confidence in the voting system.

Measures to improve the accuracy of the National Register of Electors

Under our elections systems, the accuracy of the National Register of Electors is intimately connected to the integrity of the voting system and the possibility of fraud or mistake harming that system. Duplication or error in the National Register can affect the voters’ lists that determine who is prima facie entitled to vote. Therefore, the bill will implement a number of committee recommendations in relation to improving the accuracy of the Register, including:

• Authorizing tax filers to be asked to make an express statement of citizenship on their income tax returns for the purpose of updating their information on the National Register of Electors (recommendation 2.1).

  Tax returns have become one of the most important tools for updating the National Register of Electors. Currently, there is a box on the first page of the return that allows Canadian tax filers to consent to sharing their name, address and date of birth with Elections Canada for this purpose and, while it is specified that the question only applies to Canadian citizens, the Chief Electoral Officer has found that a significant number of respondents are in fact non-citizens. This impairs the reliability of the information received through tax returns. By adding an additional question to the return requiring a positive affirmation by consenting tax filers as to their citizenship, this problem can be addressed and ensure that only the information of eligible voters is used to update the Register. The bill will make the necessary amendments to allow this information to be requested on the income tax return.

• Use of income tax returns to inform Elections Canada of the names, addresses and dates of birth of deceased electors (recommendation 2.2).

  Timely removal of deceased electors from the National Register of Electors will assist in improving the integrity and accuracy of voters’ lists used during elections. While Elections Canada learns of deceased electors from provincial vital statistics bureaus, the ability to cross-reference this information with that received through the Canadian Revenue Agency will improve accuracy and timeliness in updating the Register.

• Clarifying the CEO’s authority to employ returning officers for updating initiatives in relation to the National Register (recommendation 2.17).

  Given the unique knowledge that returning officers have in relation to the geographic and demographic make-up of their electoral districts, they are well-placed to assist in updating initiatives in relation to the National Register in between election periods so as to reduce the amount of revision that must be done once an election is called. In particular, such updating initiatives are useful for identifying areas of high mobility and new development to ensure better inclusion in and accuracy of the Register.

• Clarifying the authority of the CEO to create, collect, disclose and retain identifying information for the purpose of updating the National Register (see recommendations 2.8, 2.11, 2.19, and 2.20).

  The Committee endorsed a number of recommendations made by the Chief Electoral Officer, which would facilitate his ability to maintain the Register up to date while ensuring the privacy interests of electors are well-protected. The Government agrees with these recommendations and will provide the necessary statutory clarification in the bill.

• Clarifying the authority of returning officers to update the list of electors during an election period based on the National Register (recommendation 2.18).

  Fundamental to the integrity of the voting system is an accurate and up-to-date voters’ list from which election officials, parties and candidates may work. Amendments will be included in the bill that will clarify the ability of returning officers to use the National Register to update their lists of electors during an election period.

While these amendments will contribute to improving the continued accuracy of the National Register, the Government agrees with the Committee that more can always be done. The Committee noted its interest in studying other means by which the accuracy of the Register could be improved (recommendation 6.8) and the Government would welcome the opportunity to work with the Committee on this important issue.

Measures facilitating eligible individuals to exercise their right to vote

As noted above, a key objective of our electoral system is to ensure that those with the right to vote can vote, while preventing opportunities for fraud or errors that can impair the integrity of our democratic process. The bill will implement a number of Committee recommendations that will facilitate voting by eligible individuals, including:

• Permitting advance polling stations for a single polling division (recommendation 1.10).

  Currently, the Canada Elections Act permits advance polling stations only for two or more polling divisions. For areas that are geographically substantial or remote, this can make it difficult for electors to access advance polls, which more electors are doing each year to exercise their right to vote. The bill will permit advance polling stations for a single polling division where this is seen as appropriate to accommodate these concerns.

• Removing the time limit under which voters with a disability may request a transfer certificate to a polling station with level access (recommendation 1.11).

  While the Chief Electoral Officer notes in his September 2005 Report that “in the 2004 general election, only 45 (0.2 percent) of the 18,807 polling stations lacked level access,” this can have a significant impact on the ability of an elector with a physical disability to vote. The Canada Elections Act permits electors with a disability to request a transfer certificate to a different polling station in the event that their assigned station lacks level access. Such requests must be made by 10:00 pm on the Friday prior to polling day; however, some electors may not know their polling station lacks level access until they arrive to vote. The bill will remove this time limitation. In the event that someone arrives late in the day on polling day and does not have enough time to transfer to a new polling station before the close of the polls, polling officers are authorized to bring the ballot box to the elector so that he or she may exercise the right to vote.

• Permitting transfer certificates for electors whose polling station was changed following the issue of the voter information card (recommendation 1.12).

  On occasion, it may be necessary to reassign some electors to a different polling station after voter information cards have already been sent to those electors. Correcting voter information cards are sent to these electors to advise them of their new polling station. However, in the event such electors do not receive these cards or do not take notice of the change in polling station, the bill will amend the Canada Elections Act to permit these electors to be issued a transfer certificate to vote at their originally assigned polling station to minimize the chance that electors are discouraged from exercising their right to vote due to an administrative error. The list of the electors eligible for a transfer certificate in these circumstances will be available at the polling station and, in combination with voter identification provisions, will prevent these transfer certificates from being abused.

The Government also agrees with a number of other Committee recommendations that were not statutory in nature, including that possible guidelines around the location, accessibility and adequacy of polling stations be developed, particularly to ensure that polling stations have level access and that electors living in remote areas are able to exercise their right to vote (recommendation 6.5), that the potential for the greater use of mobile polls be examined to assist individuals, such as seniors or those in hospital who may not be able to travel to their polling station (recommendation 1.13), and that a review of special voting rules be conducted by the Committee to explore how electors may best be able to exercise their democratic rights (recommendation 1.17). The Government suggests that the Committee’s recommendation that the restrictions on voting under the special voting rules by electors absent from the country for more than five years (recommendation 1.16) would best be considered in the context of this comprehensive review of the special voting rules to be undertaken by the Committee rather than be implemented at this time.

The Committee also recommended that a statutory process be established to facilitate voting by prisoners in federal correctional institutions (recommendation 1.15). The Chief Electoral Officer currently uses his adaptation power to provide a process for voting by federal prisoners. Consistent with its electoral platform, the Government will not be implementing this recommendation.

Measures to improve communication between elections officials, candidates, parties, and the electorate

Connected to facilitating the right to vote of electors is the need to ensure the electoral system supports communication between elections officials, candidates, parties and the electorate so that voters are able to make an informed choice when they exercise their right to vote. The bill will implement a number of Committee recommendations that will assist in meeting this objective, including:

• Affording candidates access to gated communities and public common areas for the purpose of campaigning and affording elections officials access to multiple residences and gated communities for the purpose of revising the voters’ list (recommendation 1.14).

  While the right of candidates to access apartment buildings, condominiums, and other multiple residence buildings for the purpose of campaigning is provided for by law, the Canada Elections Act will be amended to ensure that this right is extended to the new phenomenon of gated communities, access to which is often controlled by someone other than the residents of the community. To facilitate an accurate and up to date voters’ list, this same right of access will be extended to elections officials. In addition, candidates will be granted a right to access to public places for campaign purposes so that they may communicate with electors more effectively.

• Improving access by parties and candidates to updated voters’ lists (recommendations 2.13 to 2.15).

  In order for parties and candidates to communicate with electors, it is important that they have access to updated and accurate voters’ lists to facilitate their campaigning activities and to encourage electors to “get-out-the-vote”. A number of amendments in the bill will act on the Committee’s recommendations to meet the objective of enhancing communication between political actors and the electorate, including distributing an additional list of electors to candidates on the 19th day before polling day so that candidates have more accurate information earlier in the campaign, authorizing the Chief Electoral Officer to provide to any registered or eligible political party, on request, in an electronic format, a preliminary list of electors for any electoral district in which a writ has been dropped, and providing the annual list of electors to Members of Parliament and, on request, to registered parties on November 15 rather than October 15 so that the list is more likely to incorporate a number of updates received following the changes in address of many Canadians during the summer months.

The Government also supports the Committee’s suggestion that the rules for paid and free political broadcasting be made simpler and fairer (recommendation 3.0). However, it will be necessary to study the issue in detail and consult extensively with political parties and the broadcasting industry before the best regime can be developed and implemented. The Government would be pleased to work with the Committee on this issue should the Committee wish to pursue a more comprehensive study on the matter in the future.

Similarly, while the Government sympathizes with the Committee’s suggestion that candidates’ representatives be provided with copies of lists showing who has voted at regular intervals on polling day to avoid the disruption of “bingo-card updating” (recommendation 6.6), it has been determined in consultation with Elections Canada that implementing such an obligation at this time could cost as much as $23.5 million. The Government would be interested in working with the Committee and Elections Canada in exploring whether other options may be available to address this issue.

Other operational and technical improvements

The bill will also provide for additional operational and technical improvements that were recommended by the Committee, based on the suggestions of the Chief Electoral Officer, including:

• Extending the window of time in which the CEO may use the adaptation power (recommendation 1.4).

  As recommended by the Committee, the bill will extend the time in which the Chief Electoral Office may use his or her adaptation power to 30 days beyond the election period. This will enable the Chief Electoral Officer to adapt the provisions of the Canada Elections Act in cases of emergency or unforeseen circumstances just after the election period, such as in relation to the validation of the vote. As is required currently, the Chief Electoral Officer will need to report to Parliament the cases where the adaptation power has been used.

• Extending the maximum term that can be worked by temporary or casual Elections Canada workers (recommendation 1.9).

  To prepare for an election, the number of personnel required by Elections Canada nearly doubles and there are a limited number of workers who have the elections experience required to ensure elections run properly. The terms of employment of additional temporary or casual workers hired for the preparation or conduct of an election are governed by the Public Service Employment Act, which was recently amended to reduce the maximum term of casual employees from 125 days to 90 days. In accordance with the Committee’s recommendation, the bill will amend the Public Service Employment Act to authorize the Public Service Commission to permit this extended maximum term.

• Extending the exception period for the production of the annual list of electors from three to six months (recommendation 2.16).

  Annual lists of electors are sent to all Members of Parliament and, on request, registered parties, unless the date falls during or within the three months following an election period. Final lists of electors are also sent without delay following an election. The Chief Electoral Officer advised the Committee that more time was required to meet the technical requirements to ensure that the annual lists are more up to date than the final lists. This additional time will be provided for in the bill.

• Clarifying the formula for candidate audit fee subsidies (recommendation 4.5).

  The bill will amend the Canada Elections Act to clarify that the amount of the candidate audit fee subsidy is up to a maximum of the lesser of 3 per cent of the candidate’s expenses and $1,500 and a minimum of $250. The current drafting in the statute could be interpreted to disentitle candidates without elections expenses from receiving a subsidy, even though all campaign returns must be audited.

• Fixing drafting errors in the Canada Elections Act (recommendation 5.0).

A majority of Committee members also recommended that Elections Canada staff be designated as employees performing an essential service and would not have the right to strike (recommendation 1.8). While the Government does not disagree that this recommendation would avoid the potential for labour interruptions jeopardizing the conduct of an election, it feels that more consultation with affected stakeholders would be required before implementing such a change. The Government invites the Committee to conduct such consultations should it wish to pursue this issue further.

Similarly, the Government does not disagree in principle that the process for extending the deadline for candidates’ returns could be made more flexible (recommendation 4.4). However, options for making it more flexible should be explored within the confines of the existing statutory scheme, which was just recently endorsed by the House of Commons Legislative Committee on Bill C-2, the Federal Accountability Act, in relation to a new obligation on candidates to submit a statement on gifts received.

Lastly, the Committee adopted the Chief Electoral Officer’s recommendation for an advance confirmation process, to allow candidates’ nominations to be confirmed before the electoral period (recommendation 1.1). However, the Committee specifically rejected the Chief Electoral Officer’s recommendation that this process be run centrally through Elections Canada rather than the local returning officers. While there would be benefits to an advance confirmation process, the Government invites the Committee to explore the operational implications of this issue, including costs, in further detail and would welcome any future recommendations as to how the Committee believes the process could most effectively and efficiently be run.

Conclusion

Our electoral system is the machinery by which democracy is realized and it must be continually reviewed and updated so that it meets the needs of Canadians. The Government wishes to thank the Committee for its unfailing commitment in this regard and looks forward to working with Committee members and all parties in seeing these improvements realized.