Ontario PC Party Leadership 2015 Election Rules
2015 LEADERSHIP ELECTION RULES
Adopted by the PC Party of Ontario Executive on September 21, 2014.
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Ontario PC Party Leadership 2015 Election Rules STATEMENT OF AIMS AND PRINCIPLES These Leadership Election Rules shall be interpreted according to the aims and principles set out below. All members of the Party Executive, all members of the Leadership Election Organizing Committee and its sub-committees and every election official shall uphold these aims and principles. 1. The members of the Party Executive and its committees, the members of the Leadership Election Organizing Committee and its sub-committees and all election officials at all times shall act in the best interests of the members of the Party. 2. An objective of the Leadership Election is to promote the unity, renewal and strength of the Party. 3. The Executive and its committees and appointees shall work together to ensure a smooth transition to the new Leader once he or she is elected. 4. The Leadership Election shall be fair and democratic. Decisions made during the process shall ensure the equal treatment of all candidates. 5. The Leadership Election shall be a positive experience for candidates and Party members alike. 6. Out of respect for every Party member’s right to vote, the Leadership Election Organizing Committee shall strive to use a voters’ list that is of the highestquality and error- free. 7. The Leadership Election shall be a volunteer-based operation and conducted in a fiscally responsible manner that at least breaks even. 8. The members of the Party Executive and its committees, the members of the Leadership Election Organizing Committee and its sub-committees and all election officials at all times shall adhere to the Party Constitution and to any rules and regulations made under it. 9. Everyone involved in administering the Leadership Election shall act with strict neutrality.
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Ontario PC Party Leadership 2015 Election Rules 1.
LEADERSHIP ELECTION
1.1
These Rules take effect on November 8, 2014 (CALL DAY), the day that the Executive called a leadership election pursuant to paragraph 25.1 of the Party Constitution.
1.2
Dates 1.2.1
Thursday, May 7, 2015, (E-DAY) is the date on which voting shall conclude.
1.2.2
Friday January 30th, 2015 (NOMINATION DATE) is the date by which candidates’ nominations must be received. Nominations shall be received by 12:00 noon on this date.
1.2.3
Saturday February 28th, 2015 (CUT-OFF) is the date of membership cut-off referred to in paragraph 25.4 of the Party Constitution. The cutoff shall occur at 5:00 p.m. on this date.
1.3
Despite section 1.1, paragraph 2.10.1 is effective Thursday, June 12, 2014.
1.4
If a calculated deadline or date would fall on a holiday as defined in the Interpretation Act or on a significant date of religious observance then the Leadership Election Organizing Committee may re-issue the Rules and in its sole discretion substitute another deadline or date.
1.5
If in the opinion of the Leadership Election Organizing Committee the determination of a reference date results in calculated deadline or date falling out of sequence or occurring too early or too late, then in re-issuing the Rules the Committee may in its sole discretion substitute another deadline or date for the calculated deadline or date.
1.6
For greater certainty, the authority of the Leadership Election Organizing Committee to amend calculated dates does not include the authority to amend CALL DAY, E-DAY, NOMINATION DATE or CUT-OFF.
1.7
The Rules issued or re-issued by the Leadership Election Organizing Committee shall be the Rules that govern the leadership election.
2.
ELECTION OFFICIALS
2.1
Leadership Election Organizing Committee 2.1.1
Subject to compliance with their obligations under these Rules, including Section 2.10, the President shall chair the Leadership Election Organizing Committee. In the event of a vacancy in the Chair of the Leadership Election organizing Committee, the Party Executive may appoint a new Chair to fill such vacancy.
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Ontario PC Party Leadership 2015 Election Rules 2.1.2 Subject to sections 2.2 and 2.9: (a) the Executive has exclusive authority to ratify the President’s nominees for appointment to the Leadership Election Organizing Committee, provided that there shall be no less than five (5) voting members of the Leadership Election Organizing Committee so ratified by the Executive, including the Chair; and (b) The Chair of the Leadership Election Organizing Committee has exclusive authority to structure the committee and to appoint one or more co-chairs from among the voting members of the committee.
2.2
2.1.3
Only members of the Executive or other automatic members as explicitly included in these rules are voting members of the Leadership Election Organizing Committee. Any other members are non-voting members.
2.1.4
Subject to these Rules, the Committee has overall responsibility for the leadership election.
2.1.5
Meetings of the Leadership Election Organizing Committee shall be chaired by the Chair or a co-chair, and shall be conducted in accordance with the procedures set out in Schedule H.
Chief Election Officer 2.2.1 2.2.2
2.3
The duties of the Chief Election Officer (CEO) as defined are assumed by the Leadership Election Organizing Committee. All communications from the CEO will come through the Chair of the Leadership Election Organizing Committee.
2.2.3
Subject to these Rules and the Party Constitution, the CEO shall have overall responsibility and authority for the actual voting process.
2.2.4
Subject to section 2.9, the CEO has exclusive authority to interpret, apply and enforce these Rules and the Guidelines.
Other Provincial Election Officials 2.3.1
The CEO may appoint one or more Deputy Chief Election Officers (Deputy CEOs) and such other provincial election officials as he or she deems necessary.
2.3.2
The CEO may assign duties and functions to the Deputy CEOs and may give them such titles as are appropriate. One of the Deputy CEOs may be given the title of Chief Returning Officer or Provincial Returning Officer.
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Ontario PC Party Leadership 2015 Election Rules 2.3.3
2.4
2.5
2.6
The CEO may delegate to a Deputy CEO or an election official any of his or her authority under these Rules, including the authority to interpret and apply some or all of the Rules and Guidelines. Decisions of the CEO’s delegate are final and binding.
Riding Election Officials 2.4.1
The CEO shall appoint a Returning Officer (RO), Assistant Returning Officer (ARO) and Credentials Officer (CO) for each Electoral District.
2.4.2
The executive of the riding association may nominate persons to serve as RO, ARO and CO but such nominations are not binding on the CEO.
2.4.3
The RO, ARO and CO need not reside in the Electoral District and the CEO may appoint the same person as RO, ARO or CO for more than one Electoral District.
Returning Officer 2.5.1
The RO reports to the CEO. The RO shall preside over the Election Day process in the Electoral District, including balloting, registration, communication with the CEO, security, and the establishment of voting and counting areas.
2.5.2
The RO may appoint a committee to assist on Election Day.
2.5.3
The CEO shall hold training sessions for ROs. The RO shall train the ARO and anyone else assisting on Election Day.
2.5.4
The Leadership Election Organizing Committee shall make available the name and e-mail address or telephone number of each RO to registered Leadership Candidates.
Assistant Returning Officer The ARO shall act under the direct supervision of the RO and shall assist the RO in the performance of his or her duties. In the event that the RO is unable to carry out his or her duties, the CEO may appoint the ARO as RO.
2.7
Deputy Returning Officer Where there is more than one balloting location for an Electoral District, the RO may appoint a Deputy Returning Officer (DRO) for each location. The CEO may revoke the appointment of a DRO and may appoint a DRO for any location.
2.8
Credentials Officer The CO shall serve as a member of the Riding Credentials Committee established by paragraph 3.9.1. 5
Ontario PC Party Leadership 2015 Election Rules 2.9
2.10
Rules and Appeals Board 2.9.1
The Executive shall appoint a Chair of Rules and Appeals.
2.9.2
The Executive will appoint two additional members to the Rules and Appeals Board (Board).
2.9.3
At least one member of the Board must be a lawyer authorized to practice law in Ontario.
2.9.4
Despite paragraph 2.9.2, the CEO, Deputy CEO or an existing member of the Leadership Election Organizing Committee shall not be appointed to the Board.
2.9.5
The Board has the ultimate authority to interpret and enforce these Rules and the Guidelines. Its decisions are final and binding on the candidates, their agents and supporters, election officials, the Executive and all Party members. Its decisions are not subject to appeal.
2.9.6
Despite paragraph 2.9.5, the Board in its sole discretion may issue a revised decision that clarifies or amends a decision previously made.
2.9.7
All applications, challenges, appeals, complaints or any issue must be decided by the Board under these Rules.
2.9.8
The Chair of Rules and Appeals shall preside over the Board’s meetings, deliberations and hearings.
2.9.9
The exercise of discretion by the Chair of Rules and Appeals is not subject to appeal.
2.9.10
The Chair of Rules and Appeals may attend and participate in each meeting of the Leadership Election Organizing Committee, but is not a member of the Leadership Election Organizing Committee and shall have no vote thereon or other capacity to exercise any power of the CEO The Chair’s participation in meetings of the Leadership Election Organizing Committee shall not constitute grounds for any challenge or appeal.
2.9.11
The Chair of Rules and Appeals may delegate any of his or her duties or powers to another member of the Board.
Neutrality of Election Officials 2.10.1
The CEO, each Deputy CEO, the Chair of Rules and Appeals, members of the Leadership Election Organizing Committee, members of the Rules and Appeals Board, other provincial election officials and each RO, ARO, CO and DRO shall since Thursday June 12, 2014 have been, and until after a Leader is elected remain, neutral in the leadership election. 6
Ontario PC Party Leadership 2015 Election Rules 2.10.2
The CEO, each Deputy CEO, each member of the Leadership Election Organizing Committee, the Chair of Rules and Elections, each member of the Rules and Appeals Board, each employee of the Party, the PC Ontario Fund and the Office of the Leader, and each RO, DRO, ARO and CO shall swear an oath of neutrality in the prescribed form.
2.10.3
Every person assisting any of the above individual listed in 2.10.2 in any of their duties shall be strictly neutral in the performance of those duties.
2.10.4
The Rules and Appeals Board, acting as a full panel, shall have the power to relieve any individual listed in 2.10.2 of their powers and responsibilities under these Rules if found, following due process as set out herein, to have breached their neutrality obligations as set out herein.
3.
VOTER ELIGIBILITY AND CENTRAL VOTERS’ LIST
3.1
Central Voters’ List Pursuant to paragraph 25.5 of the Party Constitution, Party members recorded on the Registry comprise the Central Voters’ List.
3.2
Rules Governing the Registry 3.2.1
Except as amended or superseded by this section, the Rules Governing the Provincial Membership Registry (“Registry Rules”) as amended September 21, 2014, apply during the Leadership Election.
3.2.2
Effective between November 8, 2014 and May 12, 2015 inclusive, the following sections of the Registry Rules are suspended: (a) section 2, Administration of the Registry; (b) paragraph 7.4, verification of qualification and eligibility; (c) section 9, Residence; and (d) section 10, Challenges.
3.2.3
Effective November 8, 2014 and until May 12, 2015, the CEO shall administer the Registry.
3.2.4
For purposes of the Leadership Election, residence shall be governed by these Rules.
3.2.5
Until May 12, 2015, challenges related to the Registry shall be handled as provided in these Rules.
3.2.6
In the event of a conflict between these Rules and the Registry Rules, these Rules prevail. In the event of a conflict between a Guideline and the Registry Rules, the Guideline prevails. In the event of a conflict between the Guidelines and these Rules, these Rules prevail. 7
Ontario PC Party Leadership 2015 Election Rules 3.3
3.4
Eligibility 3.3.1
All members, whose membership were submitted prior to 5:00p.m. Saturday February 28, 2015 and whose memberships will remain in good standing until at least May 31, 2015 are eligible to vote in the Leadership Election.
3.3.2
The CEO shall use the Registry to establish a list of members of the Party that meets the requirements of paragraph 3.3.1. This list constitutes the Central Voters’ List.
3.3.3
For greater certainty, the eligibility of a Party member to vote in the Leadership Election is does not affect by the member’s eligibility or ineligibility to participate in any business of a recognized association.
Supervision of Membership Applications and Membership Cut-Off 3.4.1
A recognized association’s membership secretary, president and anyone else authorized under the association constitution to receive membership applications at all times shall co-operate fully with the RO and the CEO and upon request shall furnish the RO or CEO with any lists, updates, records or other information that the RO or CEO in his or her sole discretion considers necessary.
3.4.2
From 1:00p.m. to 5:00pm Saturday February 28, 2015, a riding association membership secretary, president and anyone else authorized under the riding association constitution or by or under these Rules to receive membership applications shall:
3.4.3
(a)
be available to the RO, ARO, CO, DRO or other neutral person appointed by the RO or the CEO;
(b)
allow the RO, ARO, CO, DRO or other neutral person appointed by the RO or the CEO to witness the receipt of membership applications and inspect any material that is submitted; and,
(c)
be present at a location accessible to Party members and applicants for membership and to representatives of candidates who wish to witness the receipt of membership applications.
Similarly, from 1:00p.m. to 5:00pm Saturday February 28, 2015, the CEO or a delegate thereof shall be present at Party headquarters or another location accessible to Party members and applicants for membership and to representatives of candidates who wish to witness the receipt of membership applications. If the location selected by the CEO is not Party headquarters, the CEO shall advise each candidate of the location no later than February 20, 2015.
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Ontario PC Party Leadership 2015 Election Rules 3.4.4
By Friday February 20, 2015, each riding association membership secretary, president and anyone else authorized under the riding association constitution or by or under these Rules to receive membership applications shall inform the CEO of the location where he or she will be present from 1:00p.m. to 5:00pm Saturday February 28, 2015, failing which the CEO may determine the location where the membership secretary (or equivalent) and president shall be present.
3.4.5
In the event that the president or membership secretary of a riding association or anyone else authorized under the riding association constitution to receive membership applications is unable or unwilling to act, the CEO shall appoint one or more individuals to receive applications for membership in the riding association.
3.4.6
At 5:00pm Saturday February 28, 2015, a recognized association’s membership secretary, president and anyone else authorized under the association constitution to receive membership applications shall immediately give to the RO, ARO, CO, DRO or other neutral person appointed by the RO or CEO:
3.4.7
3.5
(a)
copies of all membership applications received up to that time; or
(b)
the originals of all membership applications received up to that time, which the RO, ARO, CO, DRO or other neutral person appointed by the RO or CEO shall return after making copies.
The CEO may require that from 1:00p.m. to 5:00pm Saturday February 28, 2015 , a recognized association’s membership secretary, president and anyone else authorized under the association constitution to receive memberships shall be available at the same location where membership applications for a riding association are being received or at such other location as the CEO may specify. In this paragraph, “recognized association” does not include a riding association.
Collective Membership Applications and Payments of Fees 3.5.1
The membership applications and fees for more than one individual may collectively be submitted through the Member Recruitment System, the Party headquarters as included in section 3.4.3 or to a riding association, provided that they comply with this section.
3.5.2
For greater certainty, collective membership applications or collective payments of fees may not be made to a recognized association that is not a riding association.
3.5.3
If made to a riding association, collective membership applications may only be made to the riding association for the Electoral District in which the individual applicants reside.
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Ontario PC Party Leadership 2015 Election Rules 3.5.4
Each individual applicant shall sign to confirm his or her constitutional eligibility, desire to apply for membership and support of the Party’s aims, principles and objects.
3.5.5
A single payment on behalf of more than one individual shall be accompanied by a signed statement that the fees have been collected from the funds of each individual or of an immediate family member who resides with the individual. Such payment shall be made by cheque, credit card, bank draft or other accepted means of money transfers that may be available and do not violate the Elections Finance Act.
3.5.6
Collective applications shall be submitted in the prescribed form.
3.5.7
If the number of collective applications made through the Member Recruitment System or to a riding association exceeds the prescribed limit, then the collective applications shall be made in electronic form.
3.5.8
Collective applications made in electronic form must be supported by documentary confirmation that the requirements of this section have been met. Documentary confirmation and fees must be received by the prescribed deadlines.
3.5.9
For clarity but subject to the terms and provisions hereof and to the applicable provisions of the Registry Rules, a membership application may be submitted in any of the following ways: (a) to a recognized association between 1:00 pm and 5:00 pm on Saturday, February 28, 2015, in the manner provided herein; (b) to a recognized association prior to Saturday, February 28, 2015 in such manner as the recognized association may determine; (c) through the Member Recruitment System on or before 5:00 pm on Saturday, February 28; (d) to the CEO, Deputy CEO, Chief Returning Officer, Provincial Returning Officer or other official authorized by the CEO or the Party Executive to receive membership applications, at Party headquarters or another location in accordance with Section 3.4.3, between 1:00 pm and 5:00 pm on Saturday, February 28, 2015; or (e) to the CEO, Deputy CEO, Chief Returning Officer, Provincial Returning Officer or other official authorized by the CEO or the Party Executive to receive membership applications, at Party headquarters prior to Saturday, February 28, 2015.
3.5.10 3.6
This section applies until 11:59 p.m. on Saturday February 28, 2015.
Residence 3.6.1
Each member’s vote shall be counted as a vote in and for the Electoral District of the member’s residence. 10
Ontario PC Party Leadership 2015 Election Rules
3.7
3.6.2
“Residence” shall be determined under the Elections Act (Ontario).
3.6.3
Despite paragraph 3.6.2, the residence of a student is presumed to be the place where he or she lives while attending school unless the student notifies the CEO that the residence is at another address. Notice to the CEO shall be in the prescribed form, shall specify the other address and include evidence satisfying the CEO that the student resides there or will reside there on the first or second voting day, and must be received by the CEO by Friday April 10, 2015.
3.6.4
The Central Voters’ List shall state the Electoral District in which each member is entitled to vote.
3.6.5
A member whose residence changes between Saturday, November 8, 2014 and Saturday, May 7, 2015, may apply to the CEO to amend the Central Voters’ List by changing the member’s Electoral District. The application shall be made in the prescribed form and received by the CEO before Friday, April 10, 2015.
3.6.6
If the application is rejected or no application is received, then the member shall vote in the Electoral District where the member resided on Saturday February 28, 2015.
Preliminary Central Voters’ List By Friday, April 3, 2015, the CEO shall send to each RO that portion of the preliminary Central Voters’ List for the Electoral District.
3.8
Changes not Affecting Eligibility to Vote The RO shall review the preliminary list, identify any errors and submit corrections to the CEO by Friday, April 10, 2015. Corrections that would affect a person’s eligibility to vote may not be made under this section.
3.9
Challenges and Changes Affecting Eligibility to Vote (Riding Associations) 3.9.1
The RO, ARO and CO for each Electoral District shall constitute the Riding Credentials Committee. Challenges and other communications to the Riding Credentials Committee shall be sent to the RO who shall provide copies to the ARO and the CO.
3.9.2
Any challenges to the preliminary Central Voters’ List related to riding association membership must be submitted to the Riding Credentials Committee on the prescribed form by 5:00 p.m. Wednesday April 8, 2015.
3.9.3
For greater certainty, challenges related to applications made through the Member Recruitment System shall be made to the Riding Credentials Committee. 11
Ontario PC Party Leadership 2015 Election Rules
3.10
3.9.4
If the RO proposes any corrections that would affect a person’s eligibility to vote, then they shall be determined as challenges under this section.
3.9.5
The Riding Credentials Committee shall rule on the challenge after giving the person making the challenge, the person whose eligibility is at issue and other interested persons an opportunity to be heard. The decision of a majority of members of the Riding Credentials Committee shall be the ruling of the Riding Credentials Committee. The ruling shall be made and submitted to the CEO and the persons participating in the challenge by 5:00 p.m. Wednesday, April 8, 2015.
3.9.6
Amendments to the preliminary voters’ list that result from rulings on challenges shall be submitted by the RO on the prescribed form so that they are received by the CEO by 5:00 p.m. Monday, April 13, 2015.
3.9.7
Subject to section 3.14, the ruling of the Riding Credentials Committee is final.
3.9.8
If for whatever reason a Riding Credentials Committee has fewer than three members or one or more members of a Riding Credentials Committee are not available or able to perform their responsibilities, then the Chair of Rules and Appeals in his or her sole discretion may appoint one or more individuals as acting members of the Riding Credentials Committee.
3.9.9
An individual may be appointed as an acting member of more than one Riding Credentials Committee.
3.9.10
A member of the Rules and Appeals Board may be appointed as an acting member of a Riding Credentials Committee, but the member shall not subsequently be assigned to a panel of the Board that hears an appeal or issue related to a Riding Credentials Committee ruling in which the member participated.
3.9.11
An acting member of a Riding Credentials Committee has the same authority as a member of the Riding Credentials Committee.
Updated Preliminary Central Voters List 3.10.1
3.11
By April 13, 2015, the CEO shall send to each RO that portion of the updated preliminary Central Voters List for the electoral district, to the extent that any changes have been made.
Challenges and Changes Affecting Eligibility to Vote (Other Recognized Associations) 3.11.1
This section applies to recognized associations other than riding associations. 12
Ontario PC Party Leadership 2015 Election Rules
3.12
3.13
3.11.2
Any challenges to the preliminary Central Voters’ List must be submitted on the prescribed form and received by the Chair of Rules and Appeals by 5:00 p.m. Wednesday, April 8, 2015.
3.11.3
In exercising the discretion to assign a panel of the Rules and Appeals Board to decide the challenge, the Chair of Rules and Appeals shall consider only the challenge form.
3.11.4
The Board shall rule on the challenge after giving the person making the challenge, the person whose eligibility is at issue and other interested persons an opportunity to be heard. The ruling is final and binding on the candidates and all other Party members.
Challenges related to Residence 3.12.1
This section applies only to questions concerning the Electoral District in which a member shall vote. For greater certainty, questions related to whether a person is a member in good standing as of 5:00 p.m. Saturday February 28, 2015, shall not be resolved under this section.
3.12.2
This section applies to questions concerning the residence of members of all recognized associations.
3.12.3
At the request of the RO, the member or the membership secretary (or equivalent) of the member’s recognized association, or upon application by any other Party member in the prescribed form, a Riding Credentials Committee shall determine whether the preliminary voters’ list correctly identifies the Electoral District in which a member resides.
3.12.4
Requests and applications must be received by 5:00 p.m. Wednesday, April 8, 2015.
3.12.5
The Riding Credentials Committee shall determine the Electoral District in which the member resides. If the committee rules that the member resides in another Electoral District then it shall notify the CEO by 5:00 p.m. Monday, April 13, 2015. The CEO will promptly inform the RO for the other Electoral District.
3.12.6
Subject to section 3.14, the ruling of the Riding Credentials Committee is final and binding.
Riding Challenge Meeting 3.13.1
Unless impractical, each Riding Credentials Committee shall hear and resolve all challenges at one meeting known as the “Riding Challenge Meeting.”
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Ontario PC Party Leadership 2015 Election Rules
3.14
3.13.2
Each candidate may be represented at the Riding Challenge Meeting by one scrutineer.
3.13.3
The scrutineer is responsible for contacting the RO to ascertain the time and location of the Riding Challenge Meeting.
3.13.4
Scrutineers may be present while challenges are heard by the Riding Credentials Committee, but not while the committee deliberates.
3.13.5
A scrutineer may be present only as an observer and may not play an active role in the Riding Challenge Meeting.
Appeals from Rulings of Riding Credentials Committees 3.14.1
The Rules and Appeals Board may review the ruling of a Riding Credentials Committee if upon application the Chair of Rules and Appeals in his or her sole discretion considers that the appeal: (a)
involves an issue that cannot properly be determined by a single Riding Credentials Committee;
(b)
raises a question of broad application or one that significantly affects the Leadership Election;
(c)
raises a serious question of whether a Riding Credentials Committee has exceeded its jurisdiction; or
(d)
raises a fundamental question of the interpretation of these Rules or the Guidelines.
3.14.2
In exercising his or her discretion to have the Board entertain an appeal, the Chair shall consider only the material submitted by the appellant. The Chair is not required to give reasons for deciding or refusing to have the Board entertain an appeal.
3.14.3
If the Chair decides to have the Board entertain an appeal then the Board shall give the appellant, the person whose eligibility is at issue and other interested persons an opportunity to be heard. The Board may receive evidence directly or may cause investigations to be made and reported back to the Board. The Board shall give reasons for its ruling.
3.14.4
The ruling of the Board is final and binding on the candidates and all other Party members.
3.14.5
All rulings made under section 3.14 shall be issued no later than Monday April 27, 2015.
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Ontario PC Party Leadership 2015 Election Rules 3.15
3.16
Burden of Proof 3.15.1
In a challenge, the burden of proof lies on the person making the challenge.
3.15.2
On an appeal, the burden of proof lies on the appellant.
Candidates’ Access to Central Voters’ List 3.16.1
3.17
The CEO shall give to each candidate: (a)
the names and addresses of members in good standing of recognized associations as of Saturday, November 8, 2014, submitted in compliance with clause 4.2.2(a);
(b)
regular updates of names and addresses submitted by recognized associations and applications made through the Member Recruitment System;
(c)
the preliminary Central Voters’ List sent to ROs;
(d)
the updated preliminary Central Voters List; and
(e)
the final Central Voters’ List.
Final Lists By Thursday, April 30, 2015, the CEO will give each RO that portion of the Central Voters’ List for the Electoral District.
4.
OBLIGATIONS OF RECOGNIZED ASSOCIATIONS
4.1
Modification of Article 8 During Leadership Election Until Tuesday, May 12, 2015, membership reports from recognized associations under Article 8 of the Party Constitution shall be deemed to have been received by the Secretary upon receipt at Party headquarters and shall immediately be forwarded to the CEO.
4.2
Submission of Lists by Recognized Associations 4.2.1
Each recognized association shall report to the CEO the names, residential addresses and mailing addresses (including postal codes) and telephone numbers and (if available) facsimile transmission numbers and e-mail addresses of members in good standing as of 5:00p.m. Saturday, February 28, 2015.
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Ontario PC Party Leadership 2015 Election Rules 4.2.2
Names, residential addresses and mailing addresses, including postal codes, telephone and facsimile transmission numbers and e-mail addresses reported by recognized associations shall be in the prescribed form and must be received by the CEO as follows: (a) by Saturday, November 15, 2014, names, residential addresses and mailing addresses (including postal codes) and telephone numbers and (if available) facsimile transmission numbers and email addresses of members in good standing as of Saturday, November 15, 2014; and (b)
4.3
by 5:00 p.m., Saturday March 14, 2015, the final list of names, residential addresses and mailing addresses (including postal codes) and telephone numbers and (if available) facsimile transmission numbers and e-mail addresses of members in good standing as of 5:00 p.m. Saturday, February 28, 2015.
4.2.3
Between Saturday, November 15, 2015 and Saturday, February 28, 2015, a recognized association may submit additional names, residential addresses and mailing addresses (including postal codes) and telephone numbers and (if available) facsimile transmission numbers and e-mail addresses of members.
4.2.4
Nothing in this section relieves a recognized association of its regular reporting obligations under section 5 of the Registry Rules.
Submission of Contact Information By November 15, 2014, (a)
each riding association shall submit to the CEO the name, address, telephone number and facsimile transmission number of the association’s contact for the Provincial Party Membership Registry; and
(b)
each recognized association shall submit to the CEO the e-mail address to which the CEO, Leadership Election Organizing Committee or Party headquarters may send official communications to the association.
5.
CANDIDATES
5.1
Eligibility No person shall be a candidate for the Party leadership unless he or she: (a)
is a Party member in good standing;
(b)
as of May 11, 2015, is eligible to stand for election to the Legislative Assembly; and 16
Ontario PC Party Leadership 2015 Election Rules (c) 5.2
supports the aims, principles and objects of the Party and so confirms in the prescribed form.
Requirements 5.2.1
5.2.2
Each candidate must submit to the CEO so that they are received before 12:00 noon, Friday January 30, 2015, in the prescribed forms: (a)
the name of the candidate;
(b)
legible nomination papers with the names, signatures, residential addresses and electoral districts of the nominator, the seconder and 100 members of the Party not more than ten of whom reside in the same electoral district;
(c)
evidence of eligibility in compliance with section 5.1;
(d)
an indemnity in favour of the Party and PC Ontario Fund against any claims that may arise as a result of the candidacy or campaign of the candidate and a guarantee that the Party and PC Ontario Fund shall not be responsible for debts and liabilities of the candidate and campaign;
(e)
the agreement of the candidate, campaign manager, chief financial officer and official agent that each of them and the campaign shall comply with the Party Constitution, these Rules, the Guidelines and all applicable laws;
(f)
the names, addresses, e-mail addresses, telephone numbers and facsimile transmission numbers of the candidate’s campaign manager, chief financial officer, official agent and auditor;
(g)
the address(es) of the candidate’s campaign office(s);
(h)
an agreement governing use of the Party logo and other Party identifiers;
(i)
a licensing agreement restricting use of membership lists and voters’ lists to purposes of the Leadership Election and requiring destruction or return of such lists after the Leadership Election; and
(j)
a commitment to pay the first installment of the candidate registration fee and the first installment of the deposit no later than ten business days after the candidate has registered with Ontario’s Chief Election Officer or by 5:00 p.m. Friday, January 30, 2015, whichever is earlier.
If any of this information changes, then the candidate shall forthwith notify the CEO. 17
Ontario PC Party Leadership 2015 Election Rules 5.3
5.4
5.5
Election Finances Act 5.3.1
After a candidate has satisfied the requirements of section 5.2, the CEO shall certify to Ontario’s Chief Election Officer that the candidate has met the constitutional requirements of the Party for eligibility to contest the leadership.
5.3.2
Each candidate shall provide the CEO with his or her application for registration under section 14 of the Election Finances Act.
Questions As To Eligibility and Requirements 5.4.1
If a question arises as to the eligibility of a person to be a candidate under section 5.1 or as to whether a person has met the requirements of section 5.2, then the question shall be determined by the Rules and Appeals Board. The Board shall provide the affected person and other interested persons an opportunity to be heard. The Board’s ruling is final and binding on the affected person and on all Party members.
5.4.2
A question under this section may be raised upon application by the CEO, a Deputy CEO, a candidate or any Party member.
5.4.3
The application must be submitted in writing to the Chair of Rules and Appeals and be accompanied by any evidence relevant to the question.
Registration Fee and Deposit 5.5.1
To help defray the costs of administering the leadership election, each candidate shall pay a registration fee of $75,000. The fee may be paid in two installments; the first installment of $25,000 is due no later than ten business days after the candidate has registered with Ontario’s Chief Election Officer or 5:00 p.m., Friday, January 30, 2015, whichever is earlier, and the second installment of $50,000 is due no later than 5:00 p.m., Friday, January 30, 2015. $25,000 of the registration fee will be allocated so that it may be utilized at the discretion of the new Leader elected under these Rules.
5.5.2
Each candidate shall also provide a deposit of $25,000, refundable at the conclusion of the leadership contest period subject to the candidate’s and campaign’s compliance with these Rules, the Guidelines, the Party Constitution and applicable laws. The deposit may be made in two equal installments, the first installment is due no later than ten business days after the candidate has registered with Ontario’s Chief Election Officer or 5:00 p.m., Friday, January 30, 2015, whichever is earlier, and the second due 5:00 p.m., Friday, January 30, 2015.
5.5.3
Installments of the registration fee and deposit shall be paid by certified cheque made out to the PC Ontario Fund or by a means of payment prescribed as acceptable. 18
Ontario PC Party Leadership 2015 Election Rules 5.6
5.7
Reporting of Contributions 5.6.1
Paragraph 25.11 of the Party Constitution requires that contributions to leadership contestants be reported to the PC Ontario Fund on a timely basis. “Timely basis” means monthly, with reports due by 5:00 p.m. of the 20th calendar day after the end of the month.
5.6.2
Monthly reporting shall continue until the conclusion of the leadership contest period.
5.6.3
Each report shall be in the prescribed form and, in addition to contributions, shall include the name and address of each donor whose contribution exceeds $25.
5.6.4
All contributions to a candidate and campaign must be reported, including those that are not “contributions” under paragraph 5.7.2.
Sharing of Contributions to Leadership Campaigns 5.7.1
A cheque made out to the PC Ontario Fund, in the amount of 20 per cent of contributions received during the reporting period, shall accompany each monthly report.
5.7.2
In this section, “contribution” includes,
5.7.3
5.8
(a)
a contribution under the Election Finances Act, including section 22 and section 23 of that Act; and
(b)
funds borrowed by or money advanced to a candidate.
Despite paragraph 5.7.2, the following are deemed not to be contributions: (a)
the values of any contributions of goods and services that individually do not exceed $5,000;
(b)
the first $100,000 raised by a candidate during the campaign; and
(c)
contributions received to the extent they are used to repay a debt or obligation referred to in clause 5.7.2 (b).
Reporting of Expenses By 5:00 p.m. Monday, June 8, 2015, each candidate shall submit to the PC Ontario Fund in the prescribed form a report of campaign expenses incurred by the candidate.
19
Ontario PC Party Leadership 2015 Election Rules 5.9
5.10
Limit on Expenses 5.9.1
The total campaign expenses incurred by a candidate shall not exceed $1,250,000.
5.9.2
Intentionally deleted.
5.9.3
“Campaign expense” means any expense incurred for goods or services in relation to the Leadership Election by or on behalf of a candidate for use in whole or in part during the period commencing Saturday, November 8, 2014, and terminating on Monday, May 18, 2015, and includes the value of, (a)
any goods held in inventory,
(b)
any fees or expenses for services for a candidate, and
(c)
any contribution of goods and services to the candidate.
5.9.4
For greater certainty, the transfer of any contributions to the PC Ontario Fund, including without limitation, transfers made under paragraph 5.7.1, is not a campaign expense.
5.9.5
Despite paragraph 5.9.3, a candidate's registration fee and deposit paid pursuant to paragraphs 5.5.1 and 5.5.2 is not a campaign expense.
Withdrawal of Candidates 5.10.1
A Candidate may withdraw at any time by notifying the CEO in writing.
5.10.2
If a candidate withdraws by 12:00 noon, Thursday, April 30, 2015, then the CEO shall forthwith distribute notice of the withdrawal to ROs and DROs.
5.10.3
Each RO or DRO shall prominently post copies of a notice referred to in paragraph 5.10.2.
5.10.4
If a candidate withdraws after 12:00 noon, Thursday, April 30, 2015, then if practical the CEO will distribute notice of the withdrawal to ROs and DROs and as soon as possible each RO or DRO shall prominently post copies of the notice.
5.10.5
A notice under paragraph 5.10.2 or 5.10.4 shall clearly list the names of the candidates who have not withdrawn, state the name of the candidate who has withdrawn and indicate that the withdrawal was voluntary.
5.10.6
If a candidate withdraws by 12:00 noon, Thursday, April 30, 2015, then ballot counting and calculations under Part 9 shall proceed as if the candidate has been dropped from the counting. 20
Ontario PC Party Leadership 2015 Election Rules 5.10.7
If a candidate withdraws after 12:00 noon, Thursday, April 30, 2015, then ballot counting and calculations under Part 9 shall proceed as if the candidate has not withdrawn.
6.
CANDIDATE DEBATE(S)
6.1
The Leadership Election Organizing Committee shall arrange one or more candidate debates.
6.2
After consulting with the candidates, the Committee shall make all decisions about the debate(s), including rules, location(s), timing, format, set-up, admission policy, cost and communication.
6.3
Each candidate shall participate in each debate arranged by the Leadership Election Organizing Committee.
7.
ELECTION EVENTS
7.1
The Leadership Election Organizing Committee shall organize an event where the candidates make speeches and participate in other prescribed activities prior to the first day of voting.
7.2
The Leadership Election Organizing Committee shall organize an event which shall end Saturday, May 9, 2015, where election officials shall announce the results of voting and the election of the Leader.
7.3
The time, location and agenda of the events shall be determined by the Leadership Election Organizing Committee.
7.4
The Leadership Election Organizing Committee shall establish the registration process and set fees for attendance at the events.
7.5
Subject to section 7.4, the events shall be open to all Party members.
7.6
Each candidate shall be present at the event and participate in all prescribed candidates’ activities.
8.
VOTING LOCATIONS
8.1
Balloting Stations 8.1.1 The balloting station for each Electoral District shall be in a single location chosen by the RO and approved by the CEO who has the ultimate authority to approve a proposed balloting station location; provided however that where necessary and with the approval of the CEO, the ballot location may differ. 8.1.2
The RO shall apply for approval of the location on a prescribed form. The application must be received by the CEO by 5:00 p.m., Friday, April 10, 2015. 21
Ontario PC Party Leadership 2015 Election Rules
8.2
8.3
8.1.3
In reviewing an application for a balloting station location, the CEO shall have regard to the standards listed in Schedule A.
8.1.4
If a proposed location fails to comply with a standard listed in Schedule A, then the application shall state the reason.
8.1.5
The riding association shall pay an RO’s costs of renting and readying the balloting station(s) for an Electoral District.
8.1.6
The riding association or RO may not require party members to pay a fee in order to vote. For greater certainty, any sum that could be interpreted as a requirement to pay in order to vote is prohibited. Discretionary charges such as a fee for on-site parking, refreshment sales or inviting members to make voluntary donations to help defray costs are permissible.
Combined Balloting Stations 8.2.1
Each RO shall consider whether to reduce costs and pool resources it is desirable to establish one balloting station to serve the voters from several Electoral Districts.
8.2.2
Despite paragraph 8.1.1 the CEO may approve the establishment in a single, specified location the balloting stations for two or more Electoral Districts.
8.2.3
The CEO may approve a single location upon the application of an RO or on his or her own initiative.
8.2.4
The standards in Schedule A apply to the location of the combined balloting stations.
Multiple Balloting Stations 8.3.1
Despite paragraph 8.1.1, there shall be at least two balloting stations in: (a)
each of the Electoral Districts listed in Schedule B; and
(b)
any other Electoral District designated by the CEO.
8.3.2
The balloting stations in an Electoral District referred to in paragraph 8.3.1 shall be at locations chosen by the RO and approved by the CEO.
8.3.3
The standards in Schedule A apply to the locations of the multiple balloting stations.
22
Ontario PC Party Leadership 2015 Election Rules 8.4
8.5
Notice of Locations and Appeals 8.4.1
By Monday, April 13, 2015, the CEO shall notify the RO, the riding president and each candidate of the approved location(s) of the balloting station(s) for each Electoral District.
8.4.2
A riding association executive by resolution or a candidate may appeal the location of a balloting station to the Rules and Appeals Board. Appeals shall be in the prescribed form and received by 5:00 p.m., Wednesday, April 15, 2015.
8.4.3
The Board may decide the appeal based solely on the material submitted or in its sole discretion may cause investigations to be made and reported back to the Board. The appellant and other interested persons do not have a right to be heard. The Board in its sole discretion may accept oral or written representations by or on behalf of the CEO; in this case the appellant shall have access to the CEO’s representations and be given an opportunity to reply. The Board’s ruling is final and binding and it is not required to give reasons.
8.4.4
The cost of notices of locations of balloting stations, sent by the CEO to members whose names appear on the Central Voters’ List, will be borne by the Party.
Changes to Location 8.5.1
If circumstances change after the location of a balloting station is approved, then the CEO may revoke the approval or approve another balloting station location for the Electoral District.
8.5.2
The CEO may act on his or her own initiative or as a result of consultation with one of more ROs, with the candidates or their representatives or with riding associations.
8.5.3
Paragraph 8.5.1 applies to anything that, in the discretion of the CEO, makes it necessary or desirable to choose another location and includes, without limitation, circumstances where: (a)
an approved location has become unavailable;
(b)
an approved location is no longer suitable given the number of voters on the preliminary central voters’ list for the Electoral District or given the locations within the Electoral District of those voters;
(c)
the amount of volunteer support available to assist the RO or DRO had changed;
(d)
the cost of using the location has changed; or 23
Ontario PC Party Leadership 2015 Election Rules (e)
8.6
combined balloting stations have become possible or have become undesirable.
8.5.4
The CEO shall promptly inform the RO, the candidates and the Riding President of any change made under paragraph 8.5.1.
8.5.5
A decision under paragraph 8.5.1 may be appealed to the Rules and Appeals Board. The appeal must be received within 48 hours after the CEO’s decision has been communicated. Section 8.4 applies to the appeal, with necessary modifications.
Candidate Advertising and Demonstrations Schedule F governs advertising and demonstrations by and on behalf of candidates at balloting stations during the polls and on voting days.
9.
VOTING PROCESS
9.1
Intentionally deleted.
9.2
Timing of Ballots 9.2.1
Balloting shall commence at 11:00 a.m. on Sunday, May 3, 2015 and remain open until 5:00 p.m. on such day. Any member in the balloting station at 5:00 p.m. shall be permitted to vote.
9.2.2
Balloting shall re-open at 3:00 p.m. on Thursday, May 7, 2015, and remain open until 9:00 p.m. Any member in the balloting station at 9:00 p.m. shall be permitted to vote.
9.2.3
The RO or DRO shall comply with Guidelines issued by the Leadership Election Organizing Committee in order to maintain the security and integrity of the ballot box or boxes between the commencement of voting and the tabulation of ballots.
Voting 9.3.1
Subject to section 9.5, each member shall vote in person.
9.3.2
Members shall present identification and, if required, proof of age. Schedule C governs identification and proof of age.
9.3.3
Schedule D lists the identification that is pre-approved for use by members.
9.3.4
Only members whose names appear on the Central Voters’ List shall be permitted to vote.
24
Ontario PC Party Leadership 2015 Election Rules
9.4
9.3.5
Despite paragraph 9.3.4, upon receiving proof that an individual purchased a membership prior to 5:00 p.m. on February 28, 2015, and being satisfied that the individual is a member in good standing, an RO or DRO may correct the Central Voters’ List and permit a member to vote.
9.3.6
Any issue as to the identity of a member shall be determined by the Riding Credentials Committee. The Riding Credential Committee’s ruling is final and binding.
9.3.7
If the name of a member appears on the Central Voters’ List but not on the portion of the list for the Electoral District, then the RO shall notify the Chair of Rules and Appeals who shall determine whether the member will be permitted to vote in the Electoral District. The Chair’s ruling is final and binding.
Assisted Voting All eligible voters are entitled to request assistance in casting their ballots. Schedule E states the rules governing requests for and the provision of assistance in voting.
9.5
Proxy Voting 9.5.1
The following members are eligible to vote by proxy: (a)
members unable to vote in person because of illness or disability;
(b)
members unable to vote in person because of military service; and
(c)
any prescribed classes of members as set out in Guideline #4.
9.5.2
A member may only act as proxy for one member.
9.5.3
A proxy must be eligible to vote in the leadership election and reside in the same Electoral District as the member.
9.5.4
An application to vote by proxy must be received by the RO by 5:00 p.m. Friday, April 17, 2015.
9.5.5
The application shall be presented to the RO personally by, (a)
the member, or
(b)
the proxy for a member referred to in clause 9.5.1.
25
Ontario PC Party Leadership 2015 Election Rules 9.5.6
The application shall be in the prescribed form and shall be accompanied by prescribed identification or copies of prescribed identification belonging to both the member and the proxy.
9.5.7
If the application is based on an inability to vote in person because of illness, disability or military service, then the application shall include a certification of that fact signed by a third party belonging to a prescribed class.
9.5.8
If the RO accepts the application then he or she shall: (a)
certify acceptance by a signing and giving to the member or proxy a copy of the application which the proxy must present at the balloting station in order to vote;
(b)
record the acceptance of the application and the name of the proxy next to the member’s name on the portion of the Central Voters’ List for the Electoral District; and
(b) notify the CEO no later than Monday, April 20, 2015. 9.5.9
9.6
A member may revoke a proxy, (a)
by giving written notice that is received by the RO no later than 5:00 p.m., Friday April 24, 2015, in which event the RO shall record the revocation of the proxy on the portion of the Central Voter’s List for the Electoral District and notify the CEO no later than Monday, April 27, 2015; or
(b)
by appearing at the balloting station in person and voting before the proxy has voted for the member.
9.5.10
For greater certainty, a member may not revoke a proxy after the proxy has voted.
9.5.11
Conduct of the nature described in section 91 of the Election Act (Ontario) is a contravention of these Rules.
9.5.12
In this section a reference to an RO includes a DRO and includes an ARO or CO delegated by the RO to perform one or more responsibilities under this section.
Form of Ballot 9.6.1
On voting day each voter shall be issued one ballot on which he or she may use numbers to rank candidates in order of reference.
26
Ontario PC Party Leadership 2015 Election Rules
9.7
9.6.2
Candidates shall appear on the ballot alphabetically by surname and, if two or more surnames are identical, alphabetically by first and then middle names.
9.6.3
Other than for electronic balloting, a ballot on which a voter has placed a cross, checkmark or other unambiguous sign of support for a candidate shall be counted as a ballot on which that candidate has been ranked first, if no other mark or number suggests first-ranked support for another candidate.
9.6.4
Provided that the voter’s intention is clear, a ballot is not invalidated merely because it fails to comply with this section.
Scrutineers 9.7.1
Subject to this section, candidates may appoint scrutineers to monitor the Leadership Election.
9.7.2
Each scrutineer must possess a Scrutineer Appointment in the prescribed form and authorized on behalf of a candidate.
9.7.3
The scrutineer shall present the Scrutineer Appointment to the RO or RO’s delegate before commencing duties. The RO will provide the scrutineer with a badge to signify his or her role.
9.7.4
A scrutineer may not wear or carry any material (badges, caps, T-shirts, clipboards, etc.) that identifies a candidate.
9.7.5
A scrutineer shall not operate any communications device in a voting area.
9.7.6
A scrutineer shall not take any action that may potentially compromise the secrecy of any member’s vote.
9.7.7
At any given time, the total number of scrutineers for each candidate in the voting area shall not exceed the number of registration tables (including the credentials table). Each candidate may have no more than one scrutineer stationed at each registration table, or credentials table.
9.7.8
The procedures at the registration and credentials tables shall not be delayed because of the absence of scrutineers.
9.7.9
A scrutineer may challenge only on the basis that, (a)
an individual does not have the same identity as the member on the voters’ list; or
(b)
despite appearing on the voters’ list, a member is not yet 14 years old; or 27
Ontario PC Party Leadership 2015 Election Rules (c) 9.7.10
9.8
The challenge must be communicated only to the election official who may: (a)
over-rule the challenge if the identification complies with the prescribed list, or
(b)
prepare a challenge form and send the voter to the Riding Credentials Committee.
9.7.11
The decision of the Riding Credentials Committee is final and not subject to appeal.
9.7.12
Each candidate may have one scrutineer per registration table present as the ballots are being cast.
Counting the Ballots 9.8.1
9.9
the member has already voted.
The procedure for the counting of the ballots shall be conducted in accordance with Guidelines issued by the Leadership Election Organizing Committee.
Calculation and Communication of Results 9.9.1 Based on the count from each Electoral District the CEO will calculate the number of Electoral Votes for each candidate; 9.9.2
Spoiled and unmarked ballots shall be excluded from the calculations in this section;
9.9.3
A ballot which fails to rank any candidate who has not already been dropped shall be excluded from the calculations in this section;
9.9.4
If 100 or fewer ballots in an Electoral District are included in the calculations, then each candidate shall receive Electoral Votes equal to the number of votes cast for the candidate; and
9.9.5
If more than 100 ballots in an Electoral District are included in the calculations, then each candidate shall receive Electoral Votes equal to the candidate’s percentage of votes in the Electoral District, calculated to three decimal places, and this figure is the official result. Solely for purposes of communication and electronic display, the Leadership Election Organizing Committee may choose to round the official results to whole numbers.
9.9.6
For ease of understanding and communication to party members, the media and the public, the Leadership Election Organizing Committee may choose to refer to “Electoral Votes” as the percentage of votes received by candidates in a given Electoral District. 28
Ontario PC Party Leadership 2015 Election Rules
9.10
9.9.7
The CEO’s calculations under this section are final, binding and not subject to recount, challenge or appeal.
9.9.8
The scrutineering of the ballot count and the calculation of results shall be in accordance with Guidelines issued by the Leadership Election Organizing Committee.
Accounting Firm The Leadership Election Organizing Committee shall appoint an independent accounting firm to oversee and confirm the accuracy of the tabulation and calculation of results.
9.11
9.12
9.13
Counts and Election of Leader 9.11.1
Under paragraph 26.8 of the Party Constitution, the candidate placing last, and any candidate with fewer than 10 per cent of the Electoral Votes, shall be dropped from the ballot and not proceed to the next round of counting.
9.11.2
Under paragraph 26.7 of the Party Constitution, the candidate who receives more than one-half of the Electoral Votes is elected as Leader of the Party.
9.11.3
Successive rounds of counting shall continue until a Leader is elected.
Tie for Last Place 9.12.1
If the official results show two or more candidates tied for last place, each with more than 10 per cent of the Electoral Votes, then the CEO shall re-tabulate the results to 6 decimal places.
9.12.2
If the re-tabulated results still show the candidates tied for last place, then the tie shall be broken by counting the total number of votes cast for each of them across the province. The candidate who received the fewest votes shall be dropped from the next count.
9.12.3
If the candidates received the same total number of votes across the province, then the CEO shall break the tie between two candidates by coin toss and among three or more candidates by drawing names from a suitable container. The candidate who loses the toss or whose name is drawn from the container shall be dropped from the next count.
Two Candidates Tied With One-Half the Electoral Votes 9.13.1
If the official results show the remaining two candidates tied with exactly one-half of the Electoral Votes, then the CEO shall re-tabulate the results to 6 decimal places.
29
Ontario PC Party Leadership 2015 Election Rules
9.14
9.13.2
If the re-tabulated results still show the candidates tied with one-half of the Electoral Votes, then the tie shall be broken by counting the total number of votes cast for each of them across the province. The candidate who received the most votes shall be declared the Leader.
9.13.3
If the candidates received the same total number of votes across the province, then the CEO shall break the tie by coin toss. The candidate who wins the toss shall be declared the Leader.
Questions Arising during Balloting 9.14.1
Any question or issue arising between the commencement of balloting and the announcement of the balloting results related to the interpretation, application or enforcement of the Party Constitution, the Rules or the Guidelines, including any issue under Part 10, shall be promptly determined by the Chair of Rules and Appeals who for this purpose shall possess all the powers of the Board.
9.14.2
In determining the question or issue, the Chair of Rules and Appeals may adopt such summary process as he or she considers expedient and just. The procedures in Part 11 do not apply to a determination during such period.
9.14.3
The Chair’s determination is final, binding on the candidates, election officials and all party members, and not subject to appeal.
9.14.4
This section applies despite sections 10.2, 10.3, 10.4, 10.5 and 10.8.
10.
NON-COMPLIANCE
10.1
Upon application by any Party member, or at the request of the CEO or a Deputy CEO, the Rules and Appeals Board may inquire into whether a candidate, campaign, official or member has contravened these Rules, the Guidelines, the Party Constitution or any applicable law.
10.2
An application under section 10.1 shall be in writing, state the grounds for the application and be accompanied by any evidence in support of the application.
10.3
A request under section 10.1 shall be in writing, set out the circumstances giving rise to the request and be accompanied by any relevant information or documentation.
10.4
The Board shall notify the candidate or other party who is the subject of the inquiry of its inquiry and provide the candidate or such other party, and other interested persons an opportunity to be heard.
10.5
Where the inquiry is commenced by application, the onus of proving a contravention lies on the applicant.
30
Ontario PC Party Leadership 2015 Election Rules 10.6
If the Board determines that a candidate or campaign has contravened these Rules, the Guidelines, the Party Constitution or any applicable law, breached any agreement made under these Rules or the Guidelines, made a false statement or failed to comply with a direction by the Board, then it may do one or more of the following: (a)
direct the candidate to take specified actions to achieve compliance and to remedy any consequences of the contravention, with which direction the candidate and campaign shall immediately comply;
(b)
direct the Leadership Election Organizing Committee to withhold all or part of the candidate’s deposit;
(c)
direct the candidate to replenish the deposit or part of deposit withheld under clause (b), with which direction the candidate and campaign shall immediately comply;
(d)
issue a warning;
(e)
make public the Board’s determination and ruling; and
(f)
disqualify the candidate and instruct the CEO to remove the candidate’s name from the ballot and advise Ontario’s Chief Election Officer accordingly.
10.7
The Board’s ruling is final and binding on the candidate and campaign or the official and on all Party members.
10.8
An application or request under this Part may not be assigned to a panel consisting of fewer than three members of the Board.
10.9
Sections 10.4 and 10.5 apply to applications or questions involving officials and members, with necessary modifications.
10.10 If the Board determines that an official has contravened these Rules, the Guidelines, the Party Constitution or any applicable law, breached an agreement made or oath taken under these Rules or the Guidelines, or failed to comply with a direction by the Board, then despite any other provision of these Rules it may do anything that it considers necessary to protect the integrity and fairness of the leadership election, including but not limited to one or more of the following: (a)
direct the official to take specified actions to achieve compliance and to remedy any consequences of the contravention, with which direction the official must immediately comply;
(b)
require the official to reimburse the PC Ontario Fund for any costs incurred as a result of the contravention or breach;
31
Ontario PC Party Leadership 2015 Election Rules (c)
prohibit the official from participating in any or all portions of the event organized under Part 7 or of a debate or of any other activity under these Rules or the Guidelines;
(d)
issue a warning;
(e)
remove the official from any or all responsibilities or duties connected with the leadership election and appoint a replacement;
(f)
prohibit the individual from acting on behalf of a candidate under these Rules or the Guidelines even after he or she has ceased to be an official;
(g)
overturn a decision of the official and substitute a new decision in its place; and
(h)
make public the Board’s determination and ruling.
10.11 If the Board determines that a member has contravened these Rules, the Guidelines, the Party Constitution or any applicable law, breached an agreement made or oath taken under these Rules or the Guidelines, made a false statement or failed to comply with a direction by the Board, then despite any other provision of these Rules it may do one or more of the following: (a)
direct the member to take specified actions to achieve compliance and to remedy any consequences of the contravention, with which direction the official must immediately comply;
(b)
require the member to reimburse the PC Ontario Fund for any costs incurred as a result of the contravention or breach;
(c)
prohibit the member from participating in any or all portions of the event organized under Part 7 or of a debate or of any other activity under these Rules or the Guidelines;
(d)
issue a warning;
(e)
prohibit the member from acting on behalf of a candidate under these Rules or the Guidelines;
(f)
determine that the member is no longer in good standing; and
(g)
make public the Board’s determination and ruling.
10.12 In this Part, “official” means an individual mentioned in paragraph 2.10.2 or 2.10.3 and includes a former official.
32
Ontario PC Party Leadership 2015 Election Rules 11.
PROCEEDINGS BEFORE THE RULES AND APPEALS BOARD
11.1
This Part applies to proceedings under sections 5.4 and 10.1.
11.2
Proceedings shall be open only to the applicant, if any, the respondent, and any other persons determined by the Board to be “interested persons.” The Board in its sole discretion may permit observers.
11.3
Despite section 11.2, each candidate who is not a respondent will be notified of and permitted to observe a proceeding under section 11.2.
11.4
Persons appearing in a proceeding may be represented by counsel or, at the discretion of the Board, by agent.
11.5
In a proceeding under section 5.4, the respondent shall be given a copy of the application and if the respondent files material in response then a copy shall be given to the applicant. An oral hearing shall follow this order: (a) (b) (c) (d) (e) (f)
evidence led by the applicant; evidence led by the respondent; any reply evidence permitted by the Board; argument by the applicant; argument by the respondent; and reply argument by the applicant.
11.6
In a proceeding, the Board shall determine whether persons other than the applicant and respondent are “interested persons.” Interested persons shall be allowed to present argument and, at the Board’s discretion, may be permitted to lead evidence. The order in which an interested person presents argument or leads evidence shall be determined by the Board.
11.7
Despite sections 11.2 and 11.6, the CEO or a Deputy CEO has the right to appear and to make oral or written representations in any proceeding under this Part. The CEO or Deputy CEO may participate in person or by counsel or agent.
11.8
The applicant, respondent and interested persons shall have access to representations made under section 11.7.
11.9
At a hearing, the Board has the power to make such orders or to give such directions as it considers proper to maintain order at the hearing and to prevent abuse of its processes. Among other powers, it may: (a) (b) (c) (d) (e)
set deadlines for the receipt of evidence and submissions; place time limits on oral argument; require the disclosure of particulars; ask questions of parties and witnesses; admit as evidence and act on any relevant oral testimony, document or thing, whether or not admissible as evidence in a court; 33
Ontario PC Party Leadership 2015 Election Rules (f) (g)
(h)
restrict or exclude argument or evidence that is redundant, repetitive or irrelevant; limit further cross-examination of a witness where it is satisfied that the cross-examination of a witness has been sufficient to disclose fully and fairly the facts in relation to which the witness has given evidence; and exclude from the hearing any individual who fails to comply with an order or direction of the Board.
11.10 In this Part, (a)
“applicant” means the person who has made the application, submitted the question, or made the request, and includes the CEO or a Deputy CEO who has made an application, submitted a question or made a request; and
(b)
“respondent” means the affected person under section 5.4 or the candidate who is the subject of an inquiry under section 10.1.
12.
GENERAL
12.1
The CEO has the authority to prescribe ballots, forms and the manner of submitting information, for any purpose required by these Rules.
12.2
The CEO has the authority to prescribe forms for and the manner of submitting applications for membership.
12.3
Despite sections 9.1 and 9.2, the CEO has the authority to modify the times for voting at a balloting station, if he or she is of the opinion that special circumstances make such modification necessary to the fair, orderly and successful administration of the leadership election.
12.4
The Schedules form part of these Rules. From time to time the Leadership Election Organizing Committee may amend Schedules A through F. From time to time the Chair of Rules and Appeals may amend Schedule H. The Schedules as amended shall form part of these Rules and shall replace the Schedules as originally adopted by the Executive.
12.5
The Leadership Election Organizing Committee has the authority to issue Guidelines: (a)
defining or interpreting any word, term or phrase in these Rules;
(b)
establishing deadlines for taking any steps under these Rules, except deadlines related to challenges, appeals, applications, questions and other issues that are to be determined by a Riding Credentials Committee or the Rules and Appeals Board;
(c)
establishing rules for debates; 34
Ontario PC Party Leadership 2015 Election Rules (d)
establishing processes for candidate registration, voter registration, voter identification, financial disclosure, spending limits, candidate reporting and voting;
(e)
prescribing acceptable methods of payment;
(f)
governing collective applications for membership and prescribing forms and limits above which collective applications must be submitted in electronic form;
(g)
governing applications made or submitted in electronic form, including electronic signatures, and prescribing forms and deadlines for submitting documentary confirmation of and fees for such applications;
(h)
prescribing administrative fees for the submission of lists by recognized associations, administrative fees for submitting collective applications and other administrative and handling fees intended to recover costs of the Leadership Election;
(i)
prescribing duties of ROs, AROs, DROs, COs and other election officials;
(j)
governing the conduct of candidates, campaign managers, campaign chief financial officers, official agents, campaign workers and scrutineers;
(k)
requiring that candidates submit additional financial information to the PC Ontario Fund or the CEO and requiring that candidates make financial records available for inspection;
(l)
regulating all balloting stations;
(m)
governing the securing of ballot boxes;
(n)
prescribing classes of members who may vote by proxy and regulating the appointment of proxies and the casting of proxy votes;
(o)
extending the times that ballot stations shall be open;
(p)
regulating voting and the tabulation and calculation of results, including rounding to three and six decimal places;
(q)
governing scrutineering;
(r)
for the organization, agenda and conduct of the election event, including registration and fees;
35
Ontario PC Party Leadership 2015 Election Rules (s)
permitting or requiring candidates to obtain licenses, materials or services from the Leadership Election Organizing Committee and establishing prices for the same;
(t)
delegating any of the Committee’s authority to the CEO or a Deputy CEO; and
(u)
governing any matter that the Committee deems necessary to the fair, orderly and successful administration of the leadership election.
12.6
The Chair of Rules and Appeals has the authority to issue Guidelines governing the process and rules for challenges, appeals, applications, questions and other issues that are to be determined by a Riding Credentials Committee or the Rules and Appeals Board, including Guidelines that set deadlines for taking steps and prescribe forms.
12.7
Guidelines issued under sections 12.5 and 12.6 have the same force and effect as these Rules.
12.8
Communication to or consultation with a candidate’s campaign manager, campaign chief financial officer or official agent shall be deemed to be communication to or consultation with the candidate.
12.9
These Rules are made by the Party Executive pursuant to paragraphs 8.9, 9.9, 12.2 and 25.7 of the Party Constitution.
13.
INTERPRETATION
13.1
The definitions in Article 1 of the Party Constitution apply to these Rules.
13.2
“Board” means the Rules and Appeals Board.
13.3
“Election Central” means the central office established by the CEO for receiving reports from balloting stations and tabulating the official results.
13.4
“Election Day” refers to balloting on both Sunday, May 3, 2015 and Thursday, May 7, 2015.
13.5
“Electoral District” has the same meaning as in the Representation Act, 2005 (Ontario).
13.6
“Guidelines” means those made pursuant to sections 12.5 and 12.6.
13.7
“Leadership contest period” has the same meaning as in the Election Finances Act.
13.8
“Member in good standing” as of a date means a member who as of the date has paid the membership fee set under paragraph 7.3 or paragraph 8.9 of the Party Constitution. 36
Ontario PC Party Leadership 2015 Election Rules 13.9
“Rules” means this document, including the Schedules as amended from time to time.
13.10 “Student” means a person who: (a)
attends a recognized post-secondary or other educational institution in Ontario on a full-time basis; or
(b)
is participating in an accredited apprenticeship, co-operative, or other program for the purpose of completing the requirements of his or her course of studies.
13.11 All references to dates and times mean Eastern Daylight Time, it being intended that all start times and deadlines occur simultaneously across the province. 13.12 The power to appoint includes the power to revoke an appointment or to fill a vacancy.
37
Ontario PC Party Leadership 2015 Election Rules SCHEDULE A: STANDARDS FOR BALLOTING STATION LOCATIONS 1.
Space that is large enough having regard to the number of potential voters. If two or more Riding Associations are combining to use one balloting station, then the space should be large enough having regard to the total number of potential voters.
2.
Space that is accessible from 10:00 a.m. to 6:00 p.m. on the first day of voting, and from 2:00 p.m. to 10:00 p.m. on the second day of voting.
3.
Space to which election officials, candidates and scrutineers will have unrestricted access during the hours referred to in paragraph 2, and space to which voters will have unrestricted access during the hours of voting.
4.
Adequate security on both days.
5.
Adequate parking facilities for anticipated turnout.
6.
Adequate washroom facilities for anticipated turnout.
7.
Space accessible to persons with disabilities.
8.
Space sufficient to accommodate one table for every 150 voters and one voting screen for every 150 voters.
9.
Dedicated telephone line, preferably a land line, not cellular, with long distance ability for communication with Election Central.
10.
Costs that are reasonable given the fiscal position of the riding association.
38
Ontario PC Party Leadership 2015 Election Rules SCHEDULE B: ELECTORAL DISTRICTS WHERE THERE WILL BE MULTIPLE BALLOTING STATIONS Algoma-Manitoulin Haliburton – Kawartha Lakes – Brock Lanark – Frontenac - Lennox and Addington Kenora - Rainy River Nickel Belt Nipissing Parry Sound – Muskoka Renfrew- Nipissing - Pembroke Thunder Bay – Atikokan Thunder Bay – Superior North Timiskaming – Cochrane Timmins – James Bay
39
Ontario PC Party Leadership 2015 Election Rules SCHEDULE C: PROOF OF IDENTITY AND AGE AND CHALLENGES AT THE BALLOTING STATION 1.
Before registering an individual whose name appears on the Central Voters’ List, an election official shall request from the individual proof of identity consistent with the Central Voters’ List.
2.
If an individual presents pre-approved identification listed in Schedule D and the identification, to the satisfaction of the election official, contains: (a)
a photograph of the individual; and
(b)
an address for the member the same as the member’s address on the Central Voters’ List,
then the person cannot be challenged, shall be registered to receive a ballot and shall be permitted to vote despite any challenge or objection by any scrutineer. 3.
If an individual presents pre-approved identification that does not contain a photograph but, to the satisfaction of the election official, contains: (a)
the person’s signature; and,
(b)
an address for the member the same as the member’s address on the Central Voters’ List,
then the individual shall be registered to receive a ballot and shall be permitted to vote unless a scrutineer challenges the person’s identification. If challenged, the individual shall be referred by the election official to the Riding Credentials Committee. 4.
If upon the request of an election official an individual is unable to present preapproved identification, then the individual shall be referred to the Riding Credentials Committee.
5.
If it reasonably appears to an election official that an individual whose name appears on the Central Voters’ List may not be 14 years of age or older, then the election official: (a)
in his or her discretion, may; or
(b)
if requested by any scrutineer, shall
request proof of age from the individual.
40
Ontario PC Party Leadership 2015 Election Rules 6.
If an individual from whom proof of age has been requested presents preapproved identification that, to the satisfaction of the election official, contains: (a)
a photograph of the individual; and
(b)
proof that the individual is 14 years of age or older,
then the individual cannot be challenged on the basis of age, shall be registered to receive a ballot and shall be permitted to vote (subject to any other challenge permitted under the Rules). 7.
If an individual from whom proof of age has been requested presents preapproved identification that does not contain a photograph but that, to the satisfaction of the election official, contains proof that the individual is 14 years of age or older, then the individual shall be registered to receive a ballot and shall be permitted to vote (subject to any other challenge permitted under the Rules) unless a scrutineer challenges the proof of age. If challenged, the individual shall be referred by the election official to the Riding Credentials Committee.
8.
If an individual from whom proof of age has been requested is unable to present pre-approved identification that contains proof that the individual is 14 years of age or older, then the individual shall be referred by the election official to the Riding Credentials Committee.
Rulings of Riding Credentials Committee 9.
The Riding Credentials Committee shall determine any issue about the identity or age of an individual and shall decide whether the individual will be registered to receive a ballot and permitted to vote in the Electoral District. The ruling of the Riding Credentials Committee is final and binding.
10.
If an individual presenting pre-approved identification has been referred to the Riding Credentials Committee, then the individual shall be registered to receive a ballot and be permitted to vote in the Electoral District unless the Riding Credentials Committee is satisfied that the pre-approved identification does not belong to the individual or does not confirm the individual’s identity and, if applicable, age.
11.
If the Riding Credentials Committee is satisfied that the pre-approved identification presented does not belong to the individual or does not confirm the individual’s identity and, if applicable, age, then for purposes of this Schedule the individual shall be considered to be a person without pre-approved identification.
41
Ontario PC Party Leadership 2015 Election Rules 12.
Where an individual without pre-approved identification has been referred to the Riding Credentials Committee, the onus of proof is on the individual to prove identity to the satisfaction of the Riding Credentials Committee.
13.
Where an individual without pre-approved identification has been referred to the Riding Credentials Committee because it reasonably appeared to the election official that the individual may not be 14 years of age or older, the onus of proof is on the individual to prove to the satisfaction of the Riding Credentials Committee that he or she is 14 years of age or older.
14.
An individual may prove identity or age by any evidence that the Riding Credentials Committee chooses to accept, including oral evidence whether sworn or unsworn, affidavits, signed statements and documents not listed in Schedule D.
15.
The Riding Credentials Committee shall not act unreasonably in admitting or excluding evidence under paragraph 14.
42
Ontario PC Party Leadership 2015 Election Rules SCHEDULE D: PRE-APPROVED IDENTIFICATION OF VOTERS 1.
The identification listed in this schedule is pre-approved for use by members on Election Day as proof of identity.
2.
To be considered pre-approved identification, two items of identification are required including one separate piece of identification from each list.
3.
Despite paragraph 2, any single item of identification (such as an Ontario Driver’s Licence) listed below that contains both a photograph of the member and a residential address the same as the member’s address on the Central Voters’ List is pre-approved as proof, without a second piece of identification being required, both of name and that an individual is the same as a member whose name appears on the portion of the Central Voters’ List for the Electoral District.
4.
Name Only: Each of the following items is pre-approved as proof of name only, provided that the item is signed by the member or includes a photograph of the member. • • • • • • • • • •
5.
Major Credit Card/Bank Card Ontario Driver’s Licence Birth Certificate Ontario Senior’s Card Student ID Card Age of Majority Card Passport of any Country Permanent Resident Card Transit Card Issued by a Public Transit Authority Other identification issued by the Government of Canada or a Provincial Government
Name on List: Each of the following items is pre-approved as proof that an individual is the same as a member whose name appears on the portion of the Central Voters’ List for the Electoral District, provided that the item shows an address for the member the same as the member’s address on the Central Voters’ List: • • • •
Ontario Driver’s Licence Assessment Notice or Property Tax Bill for the 2015 taxation year addressed to the member Mid-term report or final report card for 2015 indicating student’s home address, duly signed on behalf of the school Other identification issued by the Government of Canada or a Provincial Government (if the address is shown on the identification)
43
Ontario PC Party Leadership 2015 Election Rules 6.
Name on List (more): Each of the following items is pre-approved as proof that an individual is the same as a member whose name appears on the portion of the Central Voters’ List for the Electoral District, provided that the item: (a) is addressed to the member at the member’s address on the Central Voters’ List, (b) is dated on or after November 8, 2014 and (c) does not contain any statement inconsistent with proof of address such as a reference to a relevant address change: • • • • •
Utility Bill (Hydro, Water, Telephone, Cable TV, Gas Company) Credit Card Bill Banking Record Correspondence mailed to a student at the student’s home address on the letterhead of school and duly signed on behalf of the school, together with the envelope post-marked by the post office Correspondence mailed to the member by a federal, provincial or municipal government agency in Canada, together with the envelope post-marked by the post office
44
Ontario PC Party Leadership 2015 Election Rules SCHEDULE E: ASSISTED VOTING 1.
A voter with a disability that prevents him or her from voting or restricts his or her ability to vote may receive assistance in casting the ballot from the RO, DRO, or an official designated by the RO or DRO (any of whom is referred to in this Schedule as the “Election Official”), or from an individual of the voter’s choice who accompanies the voter to the balloting station (referred to as “Friend”).
2.
An individual may act as Friend for no more than two voters.
3.
A Friend is not required to be an eligible voter.
4.
To receive Assisted Voting, a voter must appear in person before an Election Official, during the hours when the polls are open, and at a balloting station where the voter is eligible to vote.
5.
The voter shall indicate to the Election Official that the voter wishes assistance in casting the ballot. If necessary to accommodate the voter’s disability, the Friend may make the indication.
6.
The Election Official will ask for the voter’s identification, which may be presented by the voter or by the Friend.
7.
After determining that the voter is eligible to vote in the leadership election at the balloting station, the Election Official shall either administer the process for assistance by a Friend described in paragraphs 8 through 12, or assist the voter as described in paragraphs 13 through 16.
Assistance by Friend 8.
The Friend shall sign, in the presence of both the voter and the Election Official, a declaration in the prescribed form (the “Declaration”) stating that the Friend will assist the voter in casting the ballot according to the voter’s wishes and will keep secret the candidate ranking(s) marked on the ballot.
9.
The Election Official shall also sign the Declaration in the prescribed space.
10.
Candidate scrutineers, if present at the polling place, may witness the signing of the Declaration.
11.
Once the Declaration is signed, the Election Official shall allow the Friend to proceed through the balloting process as if the Friend were the voter. This includes, but is not limited to, signing the register in place of the voter, accepting the ballot, marking the ballot and placing the ballot in the ballot box.
45
Ontario PC Party Leadership 2015 Election Rules 12.
Despite paragraph 11, the voter is entitled, if able, but is not required, to accompany the Friend through the balloting process and to complete any part of the balloting process personally as the voter sees fit. The voter may not leave the polling place until the ballot has been cast.
Assistance by Election Official 13.
The Election Official shall proceed through the balloting process with the voter and assist the voter with any part of the balloting process with which the voter requests or requires assistance. This includes, but is not limited to, signing the register in place of the voter, accepting the ballot, marking the ballot and placing the ballot in the ballot box.
14.
Alternatively, and only at the request of the voter, the Election Official may complete the entire balloting process on behalf of the voter. In such a case, the voter may not leave the voting area until the Election Official has completed the balloting process on behalf of the voter. The voter may accompany the Election Official through the process but is not required to do so.
15.
Before marking a ballot in place of a voter, or assisting a voter in marking a ballot, the Election Official shall be sure that he or she clearly understands the wishes of the voter and shall mark the ballot or assist the voter in marking the ballot according to those wishes.
16.
The voter may indicate his or her wishes to the Election Official orally, in writing or in any other manner understandable by the Election Official.
17.
To preserve the principle of a secret ballot, no person other than the Friend or the Election Official, as the case may be, has the right to see or hear any instructions from the Voter regarding his or her wishes concerning how the ballot is to be marked.
46
Ontario PC Party Leadership 2015 Election Rules SCHEDULE F: CANDIDATE ADVERTISING AND DEMONSTRATIONS AT POLLING LOCATIONS 1.
“Candidate Advertising” means any poster, sign, balloon, leaflet, button, T-shirt, cap or any other paraphernalia that may in any way identify or indicate the name of a candidate.
2.
At a balloting station, the RO or DRO shall determine what constitutes Candidate Advertising.
3.
There shall be no Candidate Advertising in any voting area.
4.
Subject to this Schedule, there may be Candidate Advertising on the premises where the balloting station is located.
5.
The voting privacy screens shall be checked regularly for campaign literature.
6.
A scrutineer shall not wear or carry any material (badge, cap, T-shirt, clipboards, scarf or any other item) that identifies a candidate.
7.
A voter who is not a scrutineer is not prohibited from wearing campaign advertising on or as his or her clothing.
8.
A voter shall not linger in the voting area, shall enter the line immediately upon entering the voting area, and shall leave the voting area immediately after voting.
9.
Campaign supporters shall not block or impede any voter.
10.
No signage or demonstration shall be permitted if, in the opinion of the RO or DRO, is it hazardous or obstructs voters.
11.
The authority of the RO extends to the area immediately around the entrance to the balloting station.
12.
If the RO or DRO deems the balloting station suitable for such advertising, candidates or their campaigns may place Candidate Advertising in areas adjoining the voting area and outside the balloting station.
13.
In consultation with the management of the balloting station, the RO or DRO shall determine the areas where Candidate Advertising may be affixed or erected.
14.
Each candidate and campaign shall respect the fact that at some balloting stations there may exist prohibitions against affixing, hanging or erecting promotional materials or an RO or DRO may determine that there is no area
47
Ontario PC Party Leadership 2015 Election Rules sufficiently separate from the voting area that is suitable for Candidate Advertising. 15.
Subject to paragraphs 12 and 14, the RO, DRO or an election official designated by the RO or DRO shall use a fair and equitable method to allocate signage space at the balloting location to each campaign.
16.
There shall be no Candidate Advertising affixed or erected at a combined balloting station except in areas unanimously agreed by all ROs for the Electoral Districts voting at the combined balloting station. Failing unanimous agreement no Candidate Advertising shall be affixed or erected.
17.
The RO or DRO will respond to any campaign enquiries regarding allocation of signage space as soon as practicable.
18.
Any disputes related to or arising from the allocation or signage space or the erection or affixing of Candidate Advertising shall be determined by the RO or DRO, whose decision is final, binding and not subject to appeal.
19.
Every candidate and every campaign is individually responsible for: (a)
damage caused at the balloting station by the candidate’s or campaign’s Candidate Advertising, however erected or affixed;
(b)
ensuring that all Candidate Advertising is erected or affixed in accordance with the Rules and the Guidelines;
(c)
removal of all Candidate Advertising after voting concludes; and
(d)
removal of any Candidate Advertising at any time at the request of the RO or DRO.
48
Ontario PC Party Leadership 2015 Election Rules SCHEDULE G: CHALLENGES, APPLICATIONS AND APPEALS 1.
All challenges affecting the eligibility of a person to vote (other than a question concerning the residence of a member in an Electoral District) shall be made by submitting a challenge using Form A-1 (Eligibility Challenge Form) or, if the challenge involves an omission from the list, using Form A-3 (Eligibility Challenge Form – Omission of Name).
2.
An application to determine whether the preliminary Central Voters’ List correctly identifies the Electoral District in which a member resides shall be made by submitting an application using Form A-2 (Residence Challenge Form).
3.
A challenge related to riding association membership shall be submitted to the RO who shall provide copies to the other members of the Riding Credentials Committee.
4.
A challenge related to membership through the Member Recruitment System shall be submitted to the RO for the Electoral District who shall provide copies to the other members of the Riding Credentials Committee.
5.
A challenge related to membership in a recognized association other than a riding association shall be submitted to the Chair of Rules and Appeals.
6.
An Eligibility Challenge Form, Eligibility Challenge Form – Omission of Name, or Residence Challenge Form must be received by April 8, 2015.
7.
Unless the individual is the applicant, an Eligibility Challenge Form or Residence Challenge Form shall be accompanied by proof that a copy has been served on the individual to whom the challenge relates.
8.
An appeal to the Rules and Appeals Board for review of the ruling of a Riding Credentials Committee must be received by the Chair of Rules and Appeals by 5:00 p.m., April 17, 2015.
9.
Documentary evidence supporting the challenge, application or appeal must accompany the Eligibility Challenge Form, Eligibility Challenge Form – Omission of Name, Residence Challenge Form or appeal.
10.
If an RO intends to request that the Riding Credentials Committee determine whether the preliminary Central Voters’ List correctly identifies the Electoral District in which a member resides, then the RO shall notify the other members of the Riding Credentials Committee and the affected person by April 8, 2015
49
Ontario PC Party Leadership 2015 Election Rules Applications, etc., to the Rules and Appeals Board 11.
12.
An application, challenge, appeal, request or complaint to the Rules and Appeals Board, other than referred to in paragraph 1 or 2, shall be made legibly in writing and state the following information: (a)
The name, address, telephone number, facsimile transmission number and e-mail address of the party member by whom or on whose behalf it is made. (If made on behalf of a candidate, then the address, telephone number, facsimile transmission number and e-mail address may be that of a campaign office.)
(b)
The name, address, telephone number, facsimile transmission number and e-mail address of counsel or agent, if any, for the applicant.
(c)
The name(s) and address(es) of any respondent(s), and proof that a copy of it has already been served on each respondent.
(d)
The relevant provision(s) of the Party Constitution, Rules and/or Guidelines under which it is made.
(e)
The ground(s).
(f)
The evidence to support it. Unless impractical, a copy of the evidence shall accompany it and shall have been served on each respondent.
(g)
The remedy requested and any other order that the Board is being asked to make.
A respondent who intends to respond to the application, challenge, appeal or complaint to the Rules and Appeals Board shall forthwith submit a response after serving it on each other party. The response shall be submitted according to paragraph 20 and shall state the following information: (a)
The name, address, telephone number, facsimile transmission number and e-mail address of the respondent. (If the respondent is a candidate, then the address, telephone number, facsimile transmission number and e-mail address may be that of a campaign office.)
(b)
The name, address, telephone number, facsimile transmission number and e-mail address of counsel or agent, if any, for the respondent.
(c)
Proof that a copy of the response has already been served on each party.
(d)
Any provision(s) of the Party Constitution, Rules and/or Guidelines on which the respondent relies.
50
Ontario PC Party Leadership 2015 Election Rules (e)
The position that the respondent takes in response, and the ground(s) for that position.
(f)
The evidence to support it. Unless impractical, a copy of the evidence shall accompany it and shall have been served on each other party.
(g)
The respondent’s position concerning the remedy or order requested in the application, challenge, appeal or complaint.
(h)
Any order that the respondent is asking the Board to make.
13.
Any correspondence related to an application, challenge, appeal or complaint to the Rules and Appeals Board shall be submitted according to paragraph 20 and a copy shall be delivered simultaneously to each other party.
14.
Despite paragraph 13, if the matter has been assigned to a panel of the Rules and Appeals Board then correspondence concerning the matter may be submitted directly to each member of the panel.
15.
The Chair of Rules and Appeals may appoint a member of the Rules and Appeals Board to mediate a settlement of the issues in any proceeding before the Board. A settlement agreement requires the approval of the Board. The member appointed to mediate shall not, without the consent of the parties, be part of a panel assigned to hear the matter.
16.
If an inquiry under section 10.1 relates to a campaign, official or member, then the campaign, official or member is entitled to the same rights of notice and an opportunity to be heard as a candidate under section 10.4.
17.
The procedure in Part 11 also applies to an application or request under section 10.1 that relates to a campaign, official or member. In that case, for purposes of Part 11 “respondent” means the campaign, official or member who is the subject of the inquiry.
Service and Submission 18.
Any document may be served on another party by personal service or an alternative to personal service under the Rules of Civil Procedure, by registered mail or by courier service that provides signed proof of receipt.
19.
Unless the Rules and Appeals Board, or the Riding Credentials Committee, as the case may be, permits otherwise, the following documents shall be served on an individual only by a method listed in paragraph 18:
51
Ontario PC Party Leadership 2015 Election Rules (a)
a challenge or an appeal that would, if successful, remove the individual’s right to vote in the leadership election;
(b)
a challenge or appeal, or notice of a request, that would, if successful, change the Electoral District in which the individual votes; and,
(c)
an application, challenge, appeal, request or complaint that raises an issue of whether the individual has contravened a provision of the Rules, the Guidelines, the Party Constitution or any applicable law, unless the individual is among the classes of persons listed in column A of the table in paragraph 26.
20.
An application, challenge, appeal or complaint to the Rules and Appeals Board shall be submitted to the Chair by facsimile transmission , by e- mail to or by regular mail, registered mail, or personal delivery. The Chair’s name must appear on the cover sheet or the outer envelope, as the case may be.
21.
A challenge or application submitted to an RO shall be submitted by facsimile transmission, registered mail, regular mail, e-mail, personal delivery or courier.
22.
The facsimile transmission number, e-mail address and address for delivery of each RO will be posted on the Party’s Website and will be made available by calling Party headquarters.
23.
From 3:00 p.m. to 5:00 p.m. on April 8, 2015, each RO will be available to receive challenges and applications in person at a location posted on the Party’s Website and available by calling Party headquarters.
24.
A response may be served by e-mail, facsimile transmission, registered mail, regular mail or courier using the contact information provided in the application, challenge, request, appeal or complaint.
25.
If an application, challenge, request, appeal or complaint was submitted by counsel or an agent, then the response shall be served on counsel or the agent.
26.
An application, challenge, request, appeal or complaint may be served by e-mail, facsimile transmission, registered mail, regular mail or courier on a respondent listed in column A of the following table by serving each person listed in the corresponding entry in column B.
52
Ontario PC Party Leadership 2015 Election Rules RESPONDENTS WHO MAY BE SERVED BY E-MAIL, FACSIMILE TRANSMISSION, REGISTERED MAIL, REGULAR MAIL OR COURIER (A) Respondent (B) Serve Each of the Following Persons candidate or campaign election official
employee of the Party, of the Caucus, of the Leader or of the PC Ontario Fund committee or group of election officials
official or employee of a candidate or campaign
Campaign Manager Official Agent the individual election official Chief Election Officer Chair of the Leadership Election Organizing Committee the individual employee Chief Election Officer Chair of the Leadership Election Organizing Committee chair or co-chairs of the committee or group (if known) Chief Election Officer Chair of the Leadership Election Organizing Committee the individual Campaign Manager Official Agent
27.
An application, challenge, request, appeal, complaint or response that is served by e-mail shall be accompanied by copies of all the evidence on which the applicant or the respondent, as the case may be, relies.
28.
Regardless of the method of submission or when it leaves the sender, a challenge, application, request, appeal, complaint or response is not received until it arrives at the address of the Chair of Rules and Appeals or the RO.
29.
Proof that a document has been served by e-mail shall be provided by including the Rules and Appeals Board or the RO on the distribution list at the same time as the e-mail is sent to the other party/parties, in a manner that allows the Board or the RO to view all the e-mail addresses to which the document is sent.
30.
A Delivery Confirmation Certificate from Canada Post is proof of service by Registered Mail.
31.
A party’s signature is proof of service on the party by courier.
32.
A facsimile transmission confirmation sheet, in the absence of evidence to the contrary, is proof of service by facsimile transmission.
33.
While permitted by this Schedule, service or submission by regular mail is not recommended and a party uses regular mail at his, her or its own risk.
53
Ontario PC Party Leadership 2015 Election Rules 34.
A party providing e-mail or facsimile transmission contact information is deemed to agree that e-mail notice or facsimile notice is acceptable.
Relevant Information and/or Records 35.
In a proceeding, the Board may direct a party to the proceeding, candidate, campaign, election official, Recognized Association, member or other entity within the Party, including the Party itself, to provide information and/or records that the Board in its sole discretion considers relevant to the proceeding.
36.
A party, candidate, campaign, election official, Recognized Association, member and other entity within the Party and the Party itself shall comply with a direction issued under paragraph 35.
37.
The Board will share with the parties information and records provided in compliance with the direction.
38.
Except with the approval of the Board, no party, candidate, campaign, election official, Recognized Association, member or other entity within the Party or the Party itself shall disclose or use outside the proceeding any information or records provided under paragraph 35 or shared under paragraph 37.
39.
The Board may attach further conditions to the use and disclosure of the information and records and each party, candidate, campaign, election official, Recognized Association, member and other entity within the Party and the Party itself shall comply.
Proceedings under Section 9.14 40.
This Schedule, except paragraphs 35 through 39, does not apply to a proceeding under section 9.14 (Questions Arising on Election Day) of the Leadership Election Rules.
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Ontario PC Party Leadership 2015 Election Rules SCHEDULE H: RULES OF PROCEDURE GOVERNING MEETINGS AND DECISIONS OF THE LEADERSHIP ELECTION ORGANIZING COMMITTEE 1. These Rules of Procedure apply to the Leadership Election Committee meetings and meetings of the Leadership Election Organizing Committee when it meets in its capacity of the CEO. 2. Quorum for all meetings of the Leadership Election Organizing Committee shall be three voting members or half of the Committee, whichever is greater; 3. Motions are passed by simple majority; and 4. The latest version of Robert’s Rules of Order shall govern the Committee meetings.
1916732.1
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