HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 37 of the Election Act, R.S.B.C. 1996, c. 106, is amended

(a) in subsection (1) by striking out "the 8th day after an election" and substituting "the day after an election", and

(b) by repealing subsection (2) and substituting the following:

(2) As soon as possible after an election is called, the chief electoral officer must have published in accordance with section 270 a notice stating that after the day the election is called an individual may only register or update voter registration information in conjunction with voting.

2 Section 41.1 (2) (b) is repealed and the following substituted:

(b) both the identity and place of residence of the applicant are confirmed in accordance with subsection (3) of this section by one of the following who has produced documents referred to in section 41 (3):

(i) a voter registered in the applicant's electoral district of residence;

(ii) a spouse, parent, grandparent, adult child, adult grandchild or adult sibling of the applicant;

(iii) a person having authority under the common law or an enactment to make personal care decisions in respect of the applicant.

3 Section 47 is repealed and the following substituted:

Preparation of list of voters for use in election

47  (1) For each election for an electoral district, the chief electoral officer must have prepared a list of voters for the electoral district.

(2) Only a list of voters prepared under subsection (1) may be used for the purposes of conducting an election.

(3) The list of voters for an electoral district must

(a) be prepared as soon as possible after the election is called,

(b) include the names and residential addresses of those individuals who, on the basis of the Provincial list of voters, appear to be resident in the electoral district,

(c) include the assigned voter number for each individual on the list of voters,

(d) be divided by voting area for the election and organized alphabetically by voter surname within each voting area, and

(e) be certified by the chief electoral officer as being the list of voters for use in the election.

(4) Other than the requirements of subsection (3), the form of a list of voters for an election is in the discretion of the chief electoral officer.

(5) The chief electoral officer must have a copy of the list of voters provided to

(a) the district registrar of voters, and

(b) the district electoral officer of the electoral district.

4 Section 48 is amended

(a) in subsection (1) by striking out "Candidates in an election are entitled without charge to copies of the lists of voters" and substituting "Each candidate in an election for an electoral district is entitled without charge to a copy of the list of voters",

(b) in subsection (1) (a) by striking out "one electronic copy of both the preliminary and revised lists of voters prepared under section 47" and substituting "an electronic copy of the list of voters",

(c) in subsection (1) (b) by striking out "one printed copy of each of the preliminary list of voters and the revised list of voters" and substituting "a printed copy of the list of voters", and

(d) by repealing subsection (2) and substituting the following:

(2) A copy of the list of voters prepared under section 47 must be available for public inspection in the following offices during their regular office hours, from the time the list is received until the close of general voting:

(a) the office of the district registrar of voters;

(b) the office of the district electoral officer of the electoral district.

5 Section 50 (3) is amended by striking out "the revised list of voters" in both places and substituting "the list of voters".

6 Section 51 (2) is repealed and the following substituted:

(2) Without limiting subsection (1), on request and on payment of the reasonable costs of reproduction, the chief electoral officer must provide the following:

(a) to a registered political party or member of the Legislative Assembly, a list of voters;

(b) to a registered political party, in respect of a general election for which the last writ of election was returned, a list of voters that indicates which voters on the list voted in the general election;

(c) to a registered political party, in respect of a by-election that takes place between the date the writ referred to in paragraph (b) was returned and the date the next general election is called, a list of voters that indicates which voters on the list voted in the by-election.

7 Section 56 (1) is amended

(a) in paragraph (a) by striking out "10th day" and substituting "7th day", and

(b) in paragraph (b) by striking out "6th day" and substituting "3rd day" and by striking out "10th day" and substituting "7th day".

8 Section 76 (1) is repealed and the following substituted:

(1) Advance voting opportunities must be held on the following days:

(a) Saturday and Sunday of the week immediately preceding the week before general voting day for an election;

(b) Wednesday, Thursday, Friday and Saturday of the week before general voting day for an election.

9 Section 96 is amended

(a) in subsection (3) (b) (ii) by striking out "sequentially", and

(b) by adding the following subsection:

(5) On request, an election official must provide to a candidate representative, without charge and in the manner and at the times directed by the chief electoral officer, a copy of the list prepared under subsection (3) (b) (ii).

10 Section 97 is amended by adding the following subsection:

(7) On request, after the end of each advance voting opportunity, the district electoral officer must provide to a candidate, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who voted at the advance voting opportunity:

(a) the voter number unless paragraph (b) applies;

(b) if the voter registered or updated his or her voter registration information in conjunction with voting at the advance voting opportunity, the information that the chief electoral officer considers appropriate.

11 Section 183 (1) is amended by striking out "within the period beginning 60 days before a campaign period and ending at the end of the campaign period" and substituting "during a campaign period".

12 Section 198 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) In respect of a general election, the total value of election expenses incurred by a registered political party during the campaign period must not exceed $4.4 million. , and

(b) in subsection (4) by striking out "under subsection (1), (2) or (3)" and substituting "under subsection (1) or (3)".

13 Section 199 is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) In respect of an election, the total value of election expenses incurred by a candidate during the campaign period must not exceed $70 000. , and

(b) in subsection (3) by striking out "under subsection (1) or (2)" and substituting "under subsection (1)".

14 Section 200 (1) (b) is repealed and the following substituted:

(b) the election expense must be incurred during the campaign period.

15 Section 203 (1) is amended by adding the following paragraph:

(h.1) the cost of any communication, other than a communication in relation to a fundraising function, transmitted to the public by any means for the primary purpose of raising funds for the organization or individual by whom or on whose behalf the communication was transmitted; .

16 Section 204 is amended

(a) in subsection (2) by striking out "conducted in accordance with section 23 (2) of the Constitution Act" and by striking out ", 60 days before the campaign period," and substituting "as soon as possible after the election is called",

(b) in subsection (2) (a) by striking out "60 days before the campaign period," and substituting "at the time the election is called,",

(c) in subsection (2.1) by striking out "general election conducted other than in accordance with section 23 (2) of the Constitution Act and each" and by striking out "before the end of the nomination period" and substituting "as soon as possible after the election is called", and

(d) in subsection (2.1) (b) by striking out "sections 198 (2) to (4) and 199 (2) and (3)." and substituting "sections 198 (3) and (4) and 199 (1) and (3)."

17 Section 211 is amended

(a) in subsection (1) by striking out "Within 90 days" and substituting "Subject to subsection (6), within 90 days", and

(b) by adding the following subsection:

(6) The financial agent of a leadership contestant who is acclaimed is not required to file a report under this section if all the following apply:

(a) no contestant expenses were incurred by or on behalf of the leadership contestant;

(b) no political contributions were received or accepted by the leadership contestant in relation to that individual's seeking of the leadership;

(c) no loans or guarantees were received by the leadership contestant for contestant expenses;

(d) no fundraising functions were held by or on behalf of the leadership contestant;

(e) no transfers of money or other property were made or received by, or services provided by or to, the leadership contestant under section 180 (6).

18 Section 228 is amended in the definition of "election advertising" by striking out "during the period beginning 60 days before a campaign period and ending at the end of the campaign period," and substituting "during the campaign period,".

19 Section 233 (3) is amended by adding the following paragraph:

(d) a message that was transmitted to the public on the internet for the sole purpose of encouraging voters to vote in the election.

20 Section 235.1 is repealed and the following substituted:

Third party advertising limits

235.1  (1) In respect of a general election, an individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, election advertising during the campaign period

(a) such that the total value of that election advertising is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall, or

(b) in combination with one or more individuals or organizations, or both, such that the total value of that election advertising is greater than

(i) $3 000 in relation to a single electoral district, and

(ii) $150 000 overall.

(2) In respect of a by-election, an individual or organization other than a candidate, registered political party or registered constituency association must not sponsor, directly or indirectly, election advertising during the campaign period

(a) such that the total value of that election advertising is greater than $3 000, or

(b) in combination with one or more individuals or organizations, or both, such that the total value of that election advertising is greater than $3 000.

(3) Section 204 applies to adjust the amounts under this section.

21 Section 244 (1) is amended by striking out "or the period beginning 60 days before the campaign period".

Consequential Amendment

Miscellaneous Statutes Amendment Act (No. 2), 2012

22 Sections 80 to 86 of the Miscellaneous Statutes Amendment Act (No. 2), 2012, S.B.C. 2012, c. 18, are repealed.

Commencement

23 This Act comes into force on the date of Royal Assent.

 
Explanatory Notes

SECTION 1: [Election Act, section 37] changes the closed period for general registration.

SECTION 2: [Election Act, section 41.1] requires a family member to prove her or his identity when vouching for a voter.

SECTION 3: [Election Act, section 47] eliminates references to preliminary and revised lists of voters.

SECTION 4: [Election Act, section 48] eliminates references to preliminary and revised lists of voters.

SECTION 5: [Election Act, section 50] eliminates a reference to the revised list of voters.

SECTION 6: [Election Act, section 51] adds that the chief electoral officer must provide to a registered political party a list of voters indicating who voted in the last general election and in a by-election since the last general election.

SECTION 7: [Election Act, section 56] changes the nomination deadline.

SECTION 8: [Election Act, section 76] adds advance voting opportunities.

SECTION 9: [Election Act, section 96] provides that candidate representatives are entitled, on general voting day, to a list of voters that includes the voter number of individuals who have voted.

SECTION 10: [Election Act, section 97] provides that candidates are entitled, after the end of each advance voting opportunity, to specified information in relation to each voter who voted at the advance voting opportunity.

SECTION 11: [Election Act, section 183] eliminates a reference to the 60-day pre-campaign period.

SECTION 12: [Election Act, section 198] eliminates a reference to the 60-day pre-campaign period.

SECTION 13: [Election Act, section 199] eliminates a reference to the 60-day pre-campaign period.

SECTION 14: [Election Act, section 200] permits constituency associations to incur election expenses during the campaign period.

SECTION 15: [Election Act, section 203] provides that the cost of any fundraising communication is not to be included as an election expense.

SECTION 16: [Election Act, section 204] is consequential to the amendments made by this Bill.

SECTION 17: [Election Act, section 211] provides for an exception in respect of filing a leadership contestant financing report.

SECTION 18: [Election Act, section 228] eliminates a reference to the 60-day pre-campaign period.

SECTION 19: [Election Act, section 233] adds an exception for election advertising on general voting day for messages that have the sole purpose of encouraging voting.

SECTION 20: [Election Act, section 235.1] eliminates references to the 60-day pre-campaign period.

SECTION 21: [Election Act, section 244] eliminates a reference to the 60-day pre-campaign period.

SECTION 22: [Miscellaneous Statutes Amendment Act (No. 2), 2012, sections 80 to 86] is consequential to the amendments made by this Bill.