Transparency, clearer legislation is needed to close loopholes in Alberta's municipal elections that could allow groups to influence votes, experts say

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Alberta’s municipal elections show the need for more transparency and clearer legislation to close loopholes that could allow special interest groups wiggle room to influence votes, experts say.

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Third-party advertisers (TPAs) that spend $1,000 or more on ads supporting or opposing a specific candidate must register with the local elections office under Alberta’s current laws. As of Thursday, only one organization was registered as a TPA with Edmonton Elections. Climate Justice Edmonton has endorsed six council candidates that the group says aligns with its beliefs.

But other special interest groups in the city , some of which have spent money on election advertising or are supporting a list of candidates, are operating around the rules.

Last week, Postmedia reported that Act for Edmonton — which is affiliated with the Edmonton & District Labour Council — paid for issues-based ads, and then endorsed candidates using email lists. Because candidates were being promoted in private emails to subscribers, they aren’t required to register as a TPA and didn’t violate the rules.

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Someone who spends $1,000 solely on issues-based ads, and not candidates, will no longer be considered a third-party advertiser because of little-known changes to the Local Authorities Elections Act brought in last year by the UCP government. This is because Bill 29 changed the definition of “election advertising” in section 162(d) by removing a clause about ads that take positions on issues associated with a candidate or council.

But MacEwan University political science professor Chaldeans Mensah says these kinds of ads need to be regulated too.

“That is a serious issue because these groups are exerting undue influence in the campaign without disclosing to the public the strength of their involvement,” he said.

“Groups are out there campaigning under the guise of ’causes,’ trying to influence the campaign — obviously engaged in really, (what’s) considered advertising, but they haven’t registered.”

Asked why groups like Act for Edmonton are allowed to buy issue-based election ads without registering, Greg Smith, press secretary to Municipal Affairs Minister Ric McIver, did not provide a response.

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What counts as collusion?

Loose definitions about collusion with third-party advertisers are also creating loopholes where it’s unclear whether candidates are following the rules.

Mensah said the government needs to clearly outline what activities between third-party advertisers and candidates are prohibited.

“It doesn’t tell us about the type of behaviour that constitutes collusion,” he said. “I think there has to be clarity on the behavioural aspects.”

University of Calgary political science professor Lisa Young said the language in the current legislation on this subject is murky and will need to be addressed. 

One example she pointed to is the complaints registered with Elections Alberta alleging Calgary mayoral candidate Jeff Davison’s campaign improperly colluded with a TPA to circumvent campaign contribution limits and rules.

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Calgary Tomorrow is accused of purchasing campaign materials for the Davison team to distribute. TPAs are permitted to buy their own signs and advertising materials, but not allowed to contribute directly to a candidate’s campaign. Davison has denied wrongdoing, and Calgary Tomorrow has said it has operated in compliance with the rules.

“It basically looked as though the acting campaign manager for the Davison campaign was fundraising through Calgary Tomorrow … and so the dilemma then for other campaigns is, do they start to do the same? Do they set up a third-party advertising organization to act as their closely-co-ordinated fundraising wings so that they can compete?” she said.

“This is not a well written piece of legislation … the fact that we’re scratching our heads about interpretation, and how is it these things are happening is less than ideal.”

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Smith, asked if the rules are strong enough to prevent collusion, said the elections commissioner is responsible for enforcement and that the province reviews the Local Authorities Election Act after every general election.

“It would be during this process that any issues relating to third-party advertising can be considered to ensure the legislation continues to meet the needs and expectations of Albertans,” he said in an email.

Registering for transparency: CJE

Alison McIntosh, spokesperson for Climate Justice Edmonton, said she doesn’t think the group will end up spending more than $1,000 on advertising, but it decided to register as a third-party advertiser in an effort to be transparent. 

“We’ve been nothing but I think pretty clear and direct about what we actually want out of this election, which is of course (the candidates we endorsed) to be elected, but also to again expand the scope of the conversation around climate action around social justice,” she said.

The organization has provided several candidates volunteers to help canvas neighbourhoods. Asked if she sees this activity as collusion with a candidate’s campaign, McIntosh said none of their activities break any of the existing rules. She pointed out the law specifically allows for third-parties to do some activities for candidates, like door-knocking.

lboothby@postmedia.com

@laurby