Draft Legislation Replacing the Election Act. BACKGROUND Paper

Draft Legislation Replacing the Election Act BACKGROUND Paper

Reform of Democratic Institutions Graphic design RM communication design Secrétariat à la communication gouvernementale Legal deposit 2004 Bibliothèque nationale du Québec ISBN 2-550-43862-0 Gouvernement du Québec, 2004

Draft Legislation Replacing the Election Act TABLE OF CONTENTS Summary of the Draft Legislation Replacing the Election Act 5 Purpose of the Draft Legislation 6 Right to Vote and Right to Stand as Candidate 7 Right to Vote 7 Voting Requirements 7 Right to Stand as Candidate 7 Authorizations 8 A Political Party 8 A Private Intervenor 8 Withdrawal of Authorization 8 Financing of Political Parties and Candidates 9 Allowance 9 Contributions 9 New Proposed Electoral System 10 Electoral Map 10 Candidate for a Division Seat 10 Candidate for a District Seat 10 Election Period 11 Revision of the Electors' List 11 Voting Procedures 12 Voting at the Returning Officer's Polling Stations 12 Correspondence voting 12 Advance Polling 13 - Mobile Advance Polling Stations 13 Voting on Election Day 13 Declaration of Election under the New Proposed Electoral System 14 Candidate for a Division Seat 14 Candidate for a District Seat 14

Reform of Democratic Institutions Election Expenses 15 For an Authorized Political Party 15 For a Division Seat Candidate 15 For a Private Intervenor 15 Reimbursement of Election Expenses 16 Candidate Who Is Elected or Has 15% or More of the Vote 16 Independent Candidate 16 Candidate Who Is a Woman or from an Ethnocultural Minority 16 Key Agents of the Electoral System 17 Chief Electoral Officer 17 Advisory Committee 17 Commission de la représentation électorale 17 Commission permanente de révision de la liste électorale 17 Returning Officer 17 4

Draft Legislation Replacing the Election Act Summary of the DRAFT LEGISLATION REPLACING THE ELECTION ACT The draft legislation proposes to replace the current Election Act and to restructure and reorder its titles and chapters in their entirety. The draft legislation will govern the organization and holding of free and democratic elections while respecting everyone s right to vote and run for office. It notably aims to encourage all electors to exercise their right to vote, to ensure their effective representation on the principle that all votes should count equally, to ensure equal opportunity for all candidates and parties in an election through such measures as equitable financing and efficient control of election expenses, and to help women and ethnocultural minorities attain a degree of representation in the National Assembly that reflects the make-up of Québec society. To this end, the draft legislation proposes measures to encourage voting. These measures concern: lengthening the period for revision of the electors list, creating travelling revision boards, and offering the possibility of sending revision requests by mail, by fax, or by electronic means; offering the possibility of voting at the different polling stations that the Returning Officer will establish in the constituency throughout the election period; introducing mail-in voting for all electors residing in Québec, who will be able to mail in their votes in the same manner as electors travelling outside Québec; this vote will be available to such people as hospital patients, prisoners, workers, and students; prolonging the hours for advance polls and extending mobile advance polling to privately run senior citizens homes. The draft legislation also proposes to create a new type of electoral system that will be proportional and mixed. To this end, it introduces criteria for a new delimitation of the electoral map into 77 divisions and 24 to 27 districts. It maintains a division for the territory of Îles-de-la-Madeleine and creates one for Nunavik. It provides that the other divisions will now be based on population and no longer on the number of electors on the permanent electors list. It states that a division s population may vary by no more than 15% from Québec s total population divided by 75, i.e., the number of these divisions. It provides that each division will have one seat and that the districts will as a rule encompass three contiguous divisions and have two compensatory seats, the total number of MNAs being set at 127. It also establishes the computation mechanism for assigning compensatory seats on the basis of party results in division seat races within each district. To help women and ethnocultural minorities attain a degree of representation in the National Assembly that reflects the make-up of Québec society, the draft legislation proposes financial incentives such as raising the annual allowance for a political party and increasing the reimbursement for election expenses. Finally, the draft legislation makes major changes to the provisions that apply to private intervenors. 5

Reform of Democratic Institutions Purpose of the DRAFT LEGISLATION The draft legislation will govern the organization and holding of free and democratic elections for the purpose of choosing elected representatives to sit in the National Assembly while respecting everyone s right to vote and stand as candidate. To this end, the draft legislation notably aims: to encourage all electors to exercise their right to vote; to ensure effective representation of electors on the principle that all votes should count equally; to ensure equality of opportunity for all candidates and political parties in an election, notably through equitable financing and efficient control of election expenses; to help women attain an equitable degree of representation in the National Assembly; to help ethnocultural minorities attain an equitable degree of representation in the National Assembly. Art. 1 6

Draft Legislation Replacing the Election Act Right to Vote and RIGHT TO STAND AS CANDIDATE RIGHT TO VOTE People who are qualified to vote have the right to vote in a general election or a by-election if they are on the electors list of the polling division of their place of residence. Art. 2 and 4 VOTING REQUIREMENTS To be qualified to vote, one must: be 18 years of age or older; be a Canadian citizen; have been a Québec resident for at least six months; not be under curatorship. Art. 3 RIGHT TO STAND AS CANDIDATE Anyone who is qualified to vote has the right to run for a division seat. Such a person may be an independent candidate or a candidate of an authorized political party. Anyone who is qualified to vote may be placed on the list of an authorized political party as a candidate for a district seat. Some people are ineligible, notably anyone found guilty of a corrupt practice in an election or referendum. Art. 51, 52, and 53 7

Reform of Democratic Institutions Authorizations A POLITICAL PARTY A political party, an independent MNA, or an independent candidate who wishes to solicit or collect contributions, to incur expenses, or to borrow money must have an authorization from the Chief Electoral Officer. Art. 54 A political party does not need to commit itself to fielding candidates to obtain this authorization. If, however, it does not field any in an election, it may obtain the status of private intervenor for that election campaign. Art. 69, 70, and 82 WITHDRAWAL OF AUTHORIZATION Any authorization may be withdrawn in those cases set out by the legislation. Art. 98 et sqq A PRIVATE INTERVENOR A private intervenor may, in an electoral campaign, incur up to $3,000 in advertising expenses. Art. 529 et sqq A private intervenor may be: an elector; a group having no legal personality, the majority of whom are electors; an authorized political party that does not field candidates in an election or elections. The legislation imposes no limit on a private intervenor s freedom of expression. This person must, however, observe the rules governing such things as the request for authorization. Art. 81 et sqq 8

Draft Legislation Replacing the Election Act Financing of Political Parties AND CANDIDATES An authorized political party will be financed through the allowance that the Chief Electoral Officer will grant it, if it fielded candidates in the last general election, and through electors contributions. An independent candidate will be financed through the contributions given by the electors. CONTRIBUTIONS Only an elector may contribute to a political party, to an independent MNA, or to an independent candidate. An elector may contribute a maximum of $3,000 for a calendar year. Art. 125 et sqq ALLOWANCE The party allowance will be calculated by multiplying the total number of electors on the electors list by $0.50 and then dividing this sum among the eligible parties, in proportion to their percentages of the vote. This allowance may be increased according to the percentage of women candidates or the percentage of candidates from ethnocultural minorities fielded by the party in the last election. If a party is eligible for two increases, it is entitled to the higher one, plus 5%. Art. 114 et sqq WOMEN CANDIDATES CANDIDATES FROM INCREASE ETHNOCULTURAL MINORITIES 30 to 34% 10 to 12% 5% 35 to 39% 13 to 15% 10% 40% or more 16% or more 15% 9

Reform of Democratic Institutions New Proposed ELECTORAL SYSTEM The new proposed type of electoral system will be proportional and mixed. It will require a new delimitation of divisions, a delimitation of electoral districts, and the introduction of a second category of candidates who, once elected, will become MNAs. ELECTORAL MAP Québec s territory will be divided into 77 divisions. They will be grouped into electoral districts that may range in number from 24 to 27. There will be a total of 127 MNAs. The Commission de la représentation électorale (CRE) will establish the delimitation of Québec s divisions and districts. Each district will encompass 3 divisions and have 2 district seats. The CRE may, for demographic or geographic reasons, delimit districts that encompass 2 divisions and have 1 district seat or that encompass 4 divisions and have 3 district seats. Art. 166 et sqq CANDIDATE FOR A DISTRICT SEAT In a general election, if an authorized political party fields at least one candidate for a division seat in a district, it must present, for that district, a list of candidates for the district seats. The names of the candidates will be chosen according to the party s internal rules. They will appear on the list in the order determined by the party. District seats will be assigned to political parties according to the total number of votes for each party s division candidates in the divisions of the same district, using the computation method described in the section Declaration of Election under the New Proposed Electoral System. Art. 288 et sqq CANDIDATE FOR A DIVISION SEAT A candidate for a division seat may be a candidate of an authorized political party or an independent candidate. Electors will have one vote each to elect the candidates of their choosing, as they do now. Art. 276 et sqq 10

Draft Legislation Replacing the Election Act Election PERIOD The holding of an election will be ordered through an order-in-council that the government issues to the Chief Electoral Officer. Art. 191 The vote will be held on the 5th or 6th Monday following issuance of the orderin-council, depending on whether the order-in-council is issued on a Monday, Tuesday, Wednesday, or some other day. Art. 194 REVISION OF THE ELECTORS LIST To ensure that all electors are able to exercise their right to vote, the legislation provides for the establishment of revision boards to ensure that each elector will be on the electors list of the polling division of that person s place of residence. Thus, there will be: a revision board at the polling station of the Returning Officer; one or more additional revision boards, depending on the size of the territory; one or more travelling revision boards, for poorly accessible locations or to reach electors who cannot move about; one or more special revision boards that will replace the first 3 ones beginning on the 12th day before the vote; a revision board at the polling station of the Chief Electoral Officer for electors outside Québec. Art. 212 et sqq 11

Reform of Democratic Institutions Voting PROCEDURES Electors will have several procedures for voting. They may vote at one of the polling stations of the Returning Officer. They may mail in their vote. They may vote at an advance poll. Or they may vote at the polling station on election day. Art. 313 VOTING AT THE RETURNING OFFICER S POLLING STATIONS The Returning Officer will establish a main polling station and secondary polling stations in the division for which this official is responsible. The elector may vote at one of these polling stations from the 27th day to the 9th day before the election and from the 6th day to the day before the election (this vote is suspended during the advance poll on the 8th and 7th days before the election). For this purpose, the elector will complete a registration request form and attach a copy of the specified documents, if unable to submit the originals. When, after verification, the request is accepted, the elector will receive the required material, including a ballot paper. After voting, the elector will place the ballot paper in the envelope provided for this purpose and insert it into the ballot box. Art. 314 et sqq CORRESPONDENCE VOTING All electors may mail in their vote beginning on the 27th day before election day. The vote must be received no later than the last working day with postal service before election day. For this purpose, the elector will complete a registration request form and attach the specified documents. The request must be received no later than the 11th day before election day. When, after verification, the request is accepted, the elector will receive the required material, including a ballot paper. After voting, the elector will return the ballot paper in the return envelope. Electors in detention institutions or outside Québec will mail in their votes. Electors confined to acute care hospitals may mail in their votes according to a simplified procedure. A member from the polling station of the Returning Officer will go to the hospital to verify the specified documents. This person will give the elector the required material and may even leave with the ballot paper enclosed in an envelope, if such is the elector s wish. Art. 320 et sqq 12

Draft Legislation Replacing the Election Act ADVANCE POLLING Advance polling is conducted at the advance polling stations, which are established by the Returning Officer, on the 8th and 7th days before the election, 9:30 a.m. to 8:30 p.m. Art. 344 et sqq Mobile advance polling stations Mobile advance polling stations for electors who cannot move about have existed for electors in public hospitals or long-term care facilities. The legislation will now extend this option to private residences for the elderly. During advance polling, the Deputy Returning Officer and the Poll Clerk of the appropriate advance polling station will go to the room or apartment of the elector who cannot move about and will collect the vote there. Art. 351 et sqq VOTING ON ELECTION DAY Voting on election day is the option that most electors are familiar with. The vote is held a Monday, 9:30 a.m. to 8:30 p.m. When electors show up at the polling station, they must first establish their identity by showing two specified documents. They may then vote according to the usual procedure and insert the ballot paper into the ballot box. Art. 360 et sqq 13

Reform of Democratic Institutions Declaration of Election under the NEW PROPOSED ELECTORAL SYSTEM For each of the two candidate categories, a candidate is declared elected as follows. CANDIDATE FOR A DIVISION SEAT The division candidate who has the most votes is the one declared elected by the division s Returning Officer. Art. 446 When a division seat becomes vacant, a by-election must be held within a period of six months. Art. 193 CANDIDATE FOR A DISTRICT SEAT When a party is assigned a district seat according to the process described below, the candidate whose name appears first on the party s list is the one declared elected by the district s Returning Officer. The first district seat goes to the authorized political party that has the highest quotient when the party s total number of votes (votes for the party s division candidates in the district) is divided by the party s number of elected division candidates in the district, plus 1. Thus: Party A: 19,000 (2 + 1) = 6,333; Party B : 13,500 (0 + 1) = 13,500; Party C : 12,000 (1 + 1) = 6,000; Party D: 9,500 (0 + 1) = 9,500. The 1st district seat goes to Party B. The second district seat is assigned on the same basis, after adding 1 to the divisor of Party B: Party A: 19,000 (2 + 1) = 6,333; Party B : 13,500 (0 + 2) = 6,750; Party C : 12,000 (1 + 1) = 6,000; Party D: 9,500 (0 + 1) = 9,500. The 2nd district seat goes to Party D. The district seats are assigned to the candidates in the order that the candidates appear on the list. If, however, a candidate has already been declared elected in a division, the person s name will be struck from the list and the seat will go to the next candidate. When a district seat becomes vacant, it must go to the candidate whose name appears first on the list of the political party that had the seat. If there are no longer any names on the list, the seat will remain vacant. Art. 447 et sqq ASSIGNMENT OF DISTRICT SEATS PARTIES VOTES IN ELECTED CANDIDATES THE DISTRICT DIVISION DISTRICT MNAs MNAs Party A 19,000 2 Party B 13,500 1 Party C 12,000 1 Party D 9,500 1 14

Draft Legislation Replacing the Election Act Election EXPENSES The election expenses authorized by the legislation must not exceed the following limits. FOR AN AUTHORIZED POLITICAL PARTY $0.63 per elector in divisions where the party is fielding candidates; an additional $0.15 per elector in districts where the party has a list of candidates; the expenses of a candidate for a district seat are included in the party s election expenses. Art. 524 FOR A DIVISION SEAT CANDIDATE in a general election: $1.07 per elector of the division; in a by-election: $1.70 $ per elector of the division. Art. 524 FOR A PRIVATE INTERVENOR $3,000 for advertising expenses during the entire election period. Art. 529 15

Reform of Democratic Institutions Reimbursement of ELECTION EXPENSES Reimbursement for a candidate s expenses is governed by the following rules. CANDIDATE WHO IS ELECTED OR HAS 15% OR MORE OF THE VOTE The Chief Electoral Officer will reimburse an amount equal to 50% of the election expenses incurred and paid for in keeping with the legislation to any candidate who is declared elected or who has at least 15% of the vote in the division. INDEPENDENT CANDIDATE If a candidate is independent and is not elected, the reimbursement cannot exceed the amount of the debts from election expenses and the amount of personal contribution. CANDIDATE WHO IS A WOMAN OR FROM AN ETHNOCULTURAL MINORITY If a candidate is a woman or from an ethnocultural minority, the reimbursement may be increased according to the percentage of such candidates fielded by a party in the general election. A woman candidate from an ethnocultural minority, who is eligible for either of the two increased reimbursements, is entitled to the higher increased reimbursement. Art. 558 et sqq WOMEN CANDIDATES CANDIDATES FROM REIMBURSEMENT OF ELECTION EXPENSES ETHNOCULTURAL ELECTED NOT ELECTED MINORITIES (15 % OF VOTE) 30 to 34% 10 to 12% 65% 60% 35 to 39% 13 to 15% 70% 65% 40% or more 16% or more 75% 70% 16

Draft Legislation Replacing the Election Act Key Agents of the ELECTORAL SYSTEM CHIEF ELECTORAL OFFICER enforces the Election Act; grants authorizations required by the Act; monitors financing of political parties and election expenses, as required; keeps the public informed. Art. 579 et sqq ADVISORY COMMITTEE gives its opinion on any issue relating to the legislation, except on electoral representation. Art. 610 et sqq COMMISSION DE LA REPRÉSENTATION ÉLECTORALE establishes the delimitation of electoral divisions and electoral districts. Art. 618 et sqq COMMISSION PERMANENTE DE RÉVISION DE LA LISTE ÉLECTORALE updates the permanent electors list on an ongoing basis. Art. 636 et sqq RETURNING OFFICER under the authority of the Chief Electoral Officer, ensures enforcement of the legislation and training of election workers in the division or in the district where appointed. Art. 652 et sqq 17

Reform of Democratic Institutions For information, please contact your Member of the National Assembly: by ordinary mail: Hôtel du Parlement Québec (Québec) G1A 1A4 by e-mail, using the list of the Members addresses on the National Assembly's Web site at: http://www.assnat.qc.ca You may also get in touch with the Government House Leader and Minister for the Reform of Democratic Institutions: by ordinary mail: Office of the Government House Leader Minister for the Reform of Democratic Institutions Édifice Pamphile-Le May 1045, rue des Parlementaires, bureau 1.39 Québec (Québec) G1A 1A4 by e-mail: ministre.srid@mce.gouv.qc.ca Finally, you may consult the Web site of the Secrétariat à la réforme des institutions démocratiques at: www.institutions-democratiques.gouv.qc.ca 18