Canada's New Government Takes Action to Reduce Opportunity for Voter Fraud

The Honourable Rob Nicholson, Leader of the Government in the House of Commons and Minister for Democratic Reform today introduced in the House of Commons a bill to amend the Canada Elections Act so as to improve the integrity of the electoral process.

“I wish to thank the Standing Committee on Procedure and House Affairs for its work and I am confident that this bill, in addition to the Federal Accountability Act, will go a long way in further fostering and protecting Canada’s democratic electoral process,” stated Minister Nicholson.

A key reform recommended by the Committee, and implemented in this bill, is the introduction of a uniform voter identification system at the polls. Photo identification will be required, and may only be waived through more stringent alternative means of demonstrating proof of identity.

The bill also introduces amendments aimed at:

• improving the accuracy of the National Register of Electors by permitting voters to voluntary confirm their Canadian citizenship for the purpose of updating their information;
  
  
• facilitating eligible individuals to exercise their right to vote;
  
  
• creating measures to improve communication between election officials; candidates, parties, and the electorate; and
  
  
• making operational improvements to the electoral process, based on suggestions by the Chief Electoral Officer (CEO).

“A well-functioning electoral system is at the heart of a representative democracy,” added Minister Nicholson. “I look forward to working with members of the Standing Committee and other Parliamentarians in ensuring that our electoral process commands the full confidence of Canadians.”

On June 22, 2006, the Committee on Procedure and House Affairs tabled its Thirteenth Report, entitled Improving the Integrity of the Electoral Process: Recommendations for Legislative Change. This bill responds to the report of the Standing Committee by introducing amendments aimed at reducing the opportunity for electoral fraud and improving the integrity of the electoral process. The Government response to the Committee report was tabled in the House of Commons on October 20, 2006.
Information:

Office of the Leader of the Government in the House of Commons
and Minister for Democratic Reform
(613) 952-4930

Backgrounder
Improving the Integrity of Canada’s Electoral Process

The Canada Elections Act governs the federal electoral process, including the procedures for voting at elections. The Committee on Procedure and House Affairs conducted a study on the Canada Elections Act and tabled its Thirteenth Report, entitled Improving the Integrity of the Electoral Process: Recommendations for Legislative Change, on June 22, 2006. The Committee requested a Government response to its report, which was tabled on October 20, 2006 (under Standing Order 109).

The Committee’s report recommended measures to reduce the potential for electoral fraud and to make operational improvements to the Canada Elections Act. A number of recommendations respond directly to the September 2005 report of the Chief Electoral Officer, Completing the Cycle of Electoral Reforms. The Committee heard from the Chief Electoral Officer, the Privacy Commissioner, and representatives from the Conservative Party, the Liberal Party, the New Democratic Party and the Bloc Quebecois in the course of its study.

The Government is introducing this bill to amend the Canada Elections Act and the Public Service Employment Act to implement the Committee’s recommendations.

Introduction of a Voter Identification System

A key element of the Committee’s report and the Government’s bill is to reduce the opportunity for electoral fraud or error impairing the integrity of the voting process, by creating a uniform system of voter identification at the polls. This reform strikes 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.

Currently, Elections Canada develops a list of electors from the National Register of Electors and mails to eligible electors a voter information card indicating the poll at which they are entitled to vote. Registered electors may vote at the polls by providing their name and address, which is then crossed off the list. If a deputy returning officer, poll clerk, candidate or candidate’s representative has doubts about the person’s identity, he or she may request sufficient proof of identity and residence or have the elector swear an oath, but there is no automatic requirement to show identification to vote.

Unregistered electors may register at the polls under the current regime by presenting satisfactory proof of identity and residence and completing a registration certificate. According to Elections Canada, satisfactory proof of identity may include one valid official document showing name, address and signature (such as a driver’s licence); or two valid official documents, one showing name and address (such as a telephone or electricity bill), and one showing name and signature (such as a health card or a library card). Proof of identity may also be given by the voter swearing an oath and having a voter already on the list of electors vouch for him or her (Canada Elections Act s.161). There is no requirement of photo identification to register at the polls.

During its study, 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.

Each instance of electoral fraud that comes to light affects public confidence in the integrity of our electoral process and even a small degree of fraud could affect the results of a close election. In addition, some individuals may vote out of a mistaken belief that they are qualified to do so rather than due to any malicious intent. The bill implements the Committee’s recommended improvements to the Canada Elections Act to address the potential for electoral fraud or error including:

• Introducing a uniform voter identification regime:
  
  
• Voters will be required to provide one piece of government-issued identification with a photograph and residential address before being allowed to vote (i.e. a driver’s licence);
  
  
• If an elector does not have photo identification, he or she will be required to provide two pieces of acceptable identification to establish his or her identity and residence. The Chief Electoral Officer will be required to publish a list of what will be accepted as identification so that voters are aware of what identification to bring to the polls;
  
  
• If a prospective voter does not have two acceptable pieces of identification, he or she will be required to swear an oath as to his or her identity and will need to have a person who is qualified to vote to vouch for him or her;
  
  
• Prohibiting individuals that have been vouched for from vouching for another prospective elector; and
  
  
• Requiring that voters be required to sign a written affidavit if there is a reasonable doubt as to their eligibility to vote (i.e. their age and citizenship).

Operational Improvements

The bill also acts on almost all of the Committee’s recommendations for operational improvements to the Canada Elections Act, which will facilitate the effective functioning of Canada’s democratic machinery.

A number of the Committee’s recommendations were not statutory in nature, but require an administrative response only (e.g. the recommendation that Elections Canada develop guidelines on the accessibility of polling stations), and thus, are not included in the bill. In addition, some recommendations were not ready for legislative action at this time, such as those requiring greater study or consultations with interested stakeholders (e.g. the recommendation to fundamentally reform the political broadcasting system). In its response to the Standing Committee, the Government has invited the Committee to look at these issues in more detail.

Measures to improve the accuracy of the National Register of Electors

The bill implements a number of committee recommendations in relation to improving the accuracy of the Register, including:

• Permitting tax filers to make a voluntary statement of Canadian citizenship on their income tax returns for the purpose of updating their information on the National Register of Electors so that only eligible electors (i.e. Canadian citizens) have their information sent to Elections Canada;
  
  
• Allowing the use of income tax returns to inform Elections Canada of the names, addresses and dates of birth of deceased electors to facilitate the timely removal of deceased electors from the National Register;
  
  
• Clarifying the authority of the Chief Electoral Officer to create, collect, disclose and retain identifying information for the purpose of updating the National Register;
  
  
• Clarifying the Chief Electoral Officer’s authority to employ returning officers for updating initiatives in relation to the National Register; and
  
  
• Clarifying the authority of returning officers to update the list of electors during an election period based on the National Register.

Measures facilitating eligible individuals to exercise their right to vote

The bill implements a number of Committee recommendations that will facilitate voting by eligible individuals, including:

• Permitting advance polling stations for a single polling division, rather than only for two or more polling divisions, to enhance the accessibility of advance polls, particularly in areas that are geographically substantial or remote;
  
  
• Removing the time limitation under which voters with a disability may request a transfer certificate to a polling station with level access; and
  
  
• Permitting transfer certificates for electors whose polling station was changed following the issue of the voter information card.

Measures to improve communication between elections officials, candidates, parties, and Canadians

The bill implements a number of Committee recommendations that will facilitate communication between elections officials, candidates, parties and Canadians so that voters are able to make an informed choice when voting, including:

• Extending the right of access of candidates to gated communities and public common areas for the purpose of campaigning;
  
  
• Affording elections officials access to multiple residences and gated communities for the purpose of revising the list of electors; and
  
  
• Improving access by parties and candidates to updated lists of electors, which they may use to communicate with electors and “get-out-the-vote”.

Other operational and technical improvements

The bill also provides 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 Chief Electoral Office may use his or her power to adapt the provisions of the Canada Elections Act in cases of emergency or unforeseen circumstances to 30 days beyond the election period;
  
  
• Permitting the maximum term that can be worked by casual employees to be extended by the Public Service Commission;
  
  
• Extending the exception period for the production of the annual list of electors, which are sent to all Members of Parliament and, on request, to a registered party, from three to six months following an election period;
  
  
• Clarifying the formula for candidate audit fee subsidies; and
  
  
• Fixing drafting errors in the Canada Elections Act.

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