NDP broke election rules during leadership race: Elections Alberta

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The Alberta New Democratic Party (NDP) broke election finance rules during its leadership campaign earlier this year, according to an Elections Alberta investigation prompted by a complaint from the governing United Conservative Party (UCP).

In February, the UCP wrote to Elections Alberta alleging the NDP was breaching section 25(1) of the Election Finances and Contributions Disclosure Act (EFCDA), which states an annual membership fee is not to be considered a contribution.

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In the complaint, the UCP alleged the NDP’s membership forms illegally equated party membership fees with contributions. It also claimed that part of the NDP constitution that stated any donation to the party over $10 is deemed a valid membership renewal, broke election rules.

This week, election commissioner Paula Hale wrote to the UCP saying Elections Alberta had investigated its claims and found the NDP had violated the rules governing membership fees set out in the EFCDA.

“Based on the facts and circumstances in this case, I am of the view that the NDP was not in compliance,” Hale wrote.

“Specifically, in circumstances where memberships were being renewed as the result of an individual making a contribution in a subsequent year.”

Hale’s letter added the NDP entered into a compliance agreement with Elections Alberta regarding its membership process “to ensure continued compliance with the legislation.”

Compliance agreements are set out in both the EFCDA and Election Act and typically contain terms and conditions that must be met to ensure those pieces of legislation are followed in the future.

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Breaking a compliance agreement can result in a fine of up to $5,000.

Elections Alberta does not comment on investigations but lists details of the July 31 compliance agreement on its website.

Those include using a membership form that does not use the word “donation” and having contribution and membership fees treated distinctly.

“When an Alberta NDP member makes a contribution in a subsequent membership year, the party will not automatically renew that person’s membership,” it read, noting the NDP has taken “corrective action.”

“If party membership is being continued, the contribution receipt should not include the membership fee.”

In a statement, the UCP accused the NDP of misleading donors who were involuntarily signed up as party members.

“They have been inflating both their membership and donation numbers, making it impossible to trust any of their claims about actual figures.”

The NDP’s leadership race ran from February to June 2024. It resulted in an overwhelming victory for former Calgary mayor Naheed Nenshi, with more than 86 per cent of the vote, which the party claimed at the time represented the highest number of votes received by any provincial party leader in Canadian history.

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In February, the NDP dismissed the UCP’s allegation as “clearly a spurious complaint.”

In a statement on Wednesday, NDP provincial secretary Garett Spelliscy said the party appreciated the clarity on how the EFCDA is to be interpreted.

“We fully co-operated with the commissioner’s investigation, and we accept the compliance agreement completely,” it read.

“The commissioner has impressed upon the party that unambiguous language to distinguish contributions from membership payments is imperative, and we accept that directive without reservation.”

The compliance agreement is in effect until July 31, 2025.

mblack@postmedia.com

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