Elections Canada wants non-citizens barred from voting in nomination races

By Quinn Patrick

Elections Canada wants to change rules for the political nomination process in the wake of foreign interference, including measures to bar non-citizens from voting in party candidate nominations. 

Other proposed changes include requiring parties to publish contest rules and explicitly outlawing voting more than once.

The changes are listed in a discussion guide intended to help chief electoral officer Stéphane Perrault as he drafts his final recommendations for the  commission of inquiry on foreign interference.

The guide was also made in preparation for a meeting between the Advisory Committee of Political Parties and the chief electoral officer last month to discuss the conduct of elections, political financing and the administration of the Canada Elections Act.

The discussion guide and a May 30 briefing to Perrault were obtained by the Canadian Press through an access to information request. 

“We recognize that some changes may create a burden for political entities or affect internal policies,” reads the guide.

“We believe the gain is important: Nomination contests that electors trust, and fewer opportunities for contest irregularities that lead Canadians to question the legitimacy of elected members of Parliament.”

The guide addresses that before last September’s general meeting, there was “little appetite for changes” to the regulation of nomination contests. 

However, following the findings of the foreign interference inquiry, the chief electoral officer “has an obligation to consider ways to strengthen the transparency and security of nomination contests.” 

The National Security and Intelligence Committee of Parliamentarians expressed concerns in a report released last month that there were many loopholes in the current system that foreign actors could easily exploit. 

“This is a critical gap, because a number of ridings in Canada are considered ‘safe seats’ for one party or another, so a successful nomination may amount to a candidate’s election,” reads the report.

According to Perrault’s briefing note, the Canada Elections Act provides “limited regulation” of contestants and federal nomination races. 

For example, only contestants who accept $1,000 in contributions or incur $1,000 in expenses are obligated to file a financial return. 

Additionally, Elections Canada has no way to verify whether campaigns are under the threshold.

Nor does the act mandate any specific obligations around candidacy, voting, counting or results reporting outside of the identity of the successful nominee, meaning each party dictates their own nomination rules. 

“Unlike the Liberal Party, the Conservative Party does not hand out free memberships,” director of communications for the Conservative Party of Canada Sarah Fischer told True North. “Only citizens and permanent residents can purchase a Conservative Party membership to vote in a nomination race.”

The Liberal Party of Canada, which did not respond to True North for comment, does not require party members to be citizens or permanent residents. Temporary foreign workers and international students are permitted to vote in nomination races. 

However, a key change suggested by the discussion guide is to require voters in nomination contests to be Canadian citizens. 

According to the guide,”non-citizens may be more vulnerable to intimidation by a foreign state.” 

Other recommendations include requiring all nomination contestants to file a financial return; and banning the bulk purchase of party memberships.

“We have implemented a number of measures to protect against the inappropriate purchase of party memberships, including eliminating bulk membership purchases and prohibiting the purchase of a membership with cash or prepaid credit cards,” said Fischer. 

“The Poilievre campaign specifically lobbied for these strict rules, which the Leadership Committee wisely implemented.”

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