Leadership Campaign Rules January 2011

Contents Part I–Leadership Rules Committee

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A. Leadership Rules Committee

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B. Amending the Rules

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C. Violation of the Rules

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D. Appeal of the Rules

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Part II–Candidate Nomination Rules 

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E. Registered Candidates for the Leadership Contest

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F. Campaign Period

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G. Spending Limits and Contributions to Leadership Candidates

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H. Election Expenses (In accordance with the BC Election Act)

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I. Non-election Expenses

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J. Financial Agent

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K. Candidate Entitlements

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L. Publicly Elected Officials

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M. Use of Constituency Association or Club Association Funds

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N. Membership Lists

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Part III–Conduct of the Election

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O. Voting 

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P. Advanced voting period

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Q. Election Day

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Appendix A

CUPE3787

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Part I–Leadership Rules Committee A. Leadership Rules Committee 1. The Officers of the New Democratic Party of BC will appoint a Leadership Rules Committee (LRC). The LRC will set rules and regulations for the BCNDP leadership contest. The LRC will report to Provincial Executive. The Committee will use the BC Election Act as a guideline for areas not outlined in this document or in the BCNDP Constitution. No member of the LRC may participate in or be associated with the Campaign of any Leadership Candidate. 2. If necessary, staff support for the LRC will be provided by the BCNDP Provincial Office. 3. The LRC or designate will meet at an early date with the campaign manager or designated representative of each registered candidate to discuss logistical and other details for the leadership campaign. 4. Each candidate will designate a single individual to be the candidate’s primary contact with the LRC. In the absence of such a designation, the financial agent for the candidate will be deemed to be such a contact. 5. Jan O’Brien, BCNDP Provincial Secretary, shall be appointed as BCNDP Leadership Election Officer for the 2011 Leadership Election, and as such shall oversee the operation of the leadership election process including relations with the voting systems contractor and such other activities as required and directed by the LRC.

B. Amending the Rules The Leadership Rules may be revised by the LRC during the leadership campaign to facilitate a fair and efficient election process and accommodate unexpected matters as they arise. Any rule changes will be communicated to leadership candidates in a timely manner including by e-mail.

C. Violation of the Rules Violation of the Leadership Rules may result in sanctions against or disqualification of the offending leadership candidate, as recommended by the LRC to the Provincial Executive.

D. Appeal of the Rules Leadership rules and their application can be appealed in the following order. First appeal is to the Leadership Electoral Officer, second appeal is to the LRC and final appeal is to the Provincial Executive.

BC New Democratic Party

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Part II–Candidate Nomination Rules As approved by Provincial Executive (January 13, 2011)

E. Registered Candidates for the Leadership Contest 1. Any member of the Party in good standing by no later than January 17, 2011 is eligible to be nominated for leader. In order to be a candidate in the leadership election, the Provincial Office must receive paper membership applications no later than 17:00 PST on January 17, 2011. Online membership applications must be received by the Provincial Office by 11:59 PST on January 17, 2011. 2. A proposed candidate must complete the confidential ‘Candidate Personal Disclosure Statement’ regularly required by any person seeking provincial public office on behalf of the BCNDP. 3. A proposed candidate must appoint a financial agent, as prescribed in the BC Election Act and must notify the Leadership Electoral Officer of the name, address, email address and telephone number of the agent at the time of registration. The financial agent must be a member in good standing of the BCNDP, and have been so for at least ninety (90) days prior to his or her appointment. 4. A proposed candidate must be nominated by at least 250 members of the BCNDP who are in good standing no later than January 17, 2011. The group of 250 members shall include a minimum of ten (10) members from each of at least six (6) of the eight regions identified by the BCNDP (See Appendix A). In order to be a member in good standing to nominate a candidate in the leadership election, the Provincial Office must receive paper membership applications no later than 17:00 PST on January 17, 2011. On-line membership applications must be received by the Provincial Office by 11:59 PST on January 17, 2011. 5. There will be a registration fee of $15,000 from each proposed candidate due at time of filing. This sum will be exempt from campaign spending limits. If the Provincial Executive fails to approve the registration of a candidate $10,000 will be refunded. 6. A leadership candidate shall comply with all of the rules and regulations prescribed by the LRC and the BC Election Act. 7. In order to be considered a candidate for leadership of the BCNDP, an individual must submit completed registration forms to the Leadership Electoral Officer no later than 17:00 PST on February 28, 2011. The registration forms include a Letter of Intent, a list of 250 nominator signatures, a biography, public contact information, a confidentiality agreement, a Declaration of Candidate Responsibility, and a confidential Candidate Personal Disclosure Statement. 8. Upon the recommendation of the LRC, final approval of registered candidacy rests with the Provincial Executive. 9. Immediately after the Provincial Executive has approved the candidacy, a registered candidate will be eligible for any services provided by the Provincial Party. Page 4

Constituency Association Forms Guide

F. Campaign Period 1. For the purposes of reporting expenses, the period of time commencing 12:01 AM PST January 1, 2011, and terminating at midnight PST April 17, 2011, shall be deemed the ‘campaign period’. 2. Fundraising for campaign expenditures can be undertaken by any candidate at any time between January 1, 2011 and May 17, 2011. All monies received at any time and intended for use by a campaign are subject to the revenue sharing terms outlined in the Leadership Rules.

G. Spending Limits and Contributions to Leadership Candidates 1. There will be a total spending limit of $175,000 per leadership candidate. 2. The definition of a contribution is as prescribed in the BC Election Act. A contribution is an amount of money or the value of any property or services provided without compensation by way of donation, advance, deposit, or discount. 3. Candidates may not accept a combined total contribution (monetary, goods, and/or services) in excess of $2,500 from any one individual, union, union local, business or organization. The cost of releasing employees from their regular work to participate in a leadership campaign is exempt from this limitation but is subject to the spending limitation. 4. All election expenses and non-election expenses must be reported. All donations must be sourced. The financial agent shall record the names, addresses and donations of all contributors. A leadership campaign may receive a total maximum of $500 from anonymous donations, such as a ‘pass the hat’ at an event provided that this amount does not exceed $50 per person. 5. All monetary contributions to leadership candidates shall be shared equally with the BCNDP on a 50/50 basis. This includes monetary contributions received at before a candidate is registered and monetary contributions received by candidates who declare but do not register. 6. Leadership candidates shall forward to the Leadership Electoral Officer a copy of all deposit and bank statement information, and a cheque for the BCNDP portion of contributions received to date, on January 31, February 14, February 28, March 14, March 28, April 11, April 25, and June 16, 2011. 7. Leadership candidates shall contribute to the BCNDP 100% of all funds raised over $350,000, and 100% of any funds raised but not spent at the end of the campaign. 8. All contributions must meet all regular BCNDP criteria for donations prior to deposit. 9. At any time upon the request of the Leadership Electoral Officer, leadership candidates shall make available a list of campaign contributors and the value of each contribution received from each contributor. 10. Each candidate shall provide the BC NDP with a report of all contributors and the value of each contribution that ads up to $250 or more received from each contributor prior to the first day of advanced voting and a second report prior to April 17, 2011. The BCNDP shall publish the reports on its website. BC New Democratic Party

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11. No later than June 16, 2011, each candidate will provide to the Leadership Electoral Officer a complete accounting of his/her campaign expenses and contributions in the same format as required for such disclosure to Elections BC.

H. Election Expenses (In accordance with the BC Election Act) 1. Election expenses are the value of property or services used by or on behalf of candidates to promote or oppose, directly or indirectly, their candidacy. Services shall include staff services. 2. Election expenses shall be deemed to include the value of any goods that have been used in whole or in part during the leadership campaign period. 3. In the event any expenses are incurred on a leadership campaign prior to registration they shall be deemed to be an election expense and included within the spending limit.

I. Non-election Expenses The following shall be exempt from campaign spending limits: • care for a child or other family member for whom the candidate is normally responsible • costs of travel by candidates for the Leadership All-Candidate Tour • expenses incurred as a result of a physical disability. A candidate’s personal election expenses must be reported for Elections BC purposes.

J. Financial Agent 1. The candidate’s financial agent shall be responsible for keeping a record of all contributions and expenses as prescribed by the BC Election Act. 2. The candidate’s financial agent shall be responsible for reporting contributions and expenses to the LRC. 3. The candidate’s financial agent shall be responsible for ensuring that the rules set out in this document are followed.

K. Candidate Entitlements Registered Candidates shall be entitled to the following items: 1. The BCNDP Provincial Office shall provide to registered candidates a list of all constituency presidents, council delegates, provincial executive members, affiliated organizations, BC NDP honorary life members, and federal councillors resident in BC. 2. The BCNDP Provincial Office shall provide to registered candidates an electronic membership list for all BCNDP members in good standing at the time the candidate’s registration is complete, upon the Candidate and the Financial Agent signing a release outlining the use of the list.

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Constituency Association Forms Guide

3. Each candidate is responsible for their own web site and other social media sites. The BCNDP Provincial Office will provide a visible link on the BC NDP web site to each candidate’s web site. Each candidate shall provide to the Leadership Electoral Officer contact information on the host for each candidate’s web site. A web site home page, Facebook page, Twitter account, YouTube channel and other social media shall be registered with the Leadership Electoral Officer. A declaration stating that the candidate’s web site and other social media outlets are the candidate’s views and do not necessarily represent the views of the BC NDP and/or the BCNDP caucus must be in a reasonably visible location. All costs associated with social media are considered expenses and must be reported. 4. The BCNDP Provincial Office will create one issue of the Democrat to be circulated before the first day of advance voting providing coverage of the leadership race. Space will be evenly divided among the candidates. Each candidate will be given a maximum word count of text to be submitted along with a photo and a headline. 5. The BCNDP Provincial Office will organize a Leadership All-Candidates Tour for registered candidates. It will take place throughout the Province. At least one Leadership Candidate Tour event will take place in the Lower Mainland, and at least one will take place in each of Northern British Columbia, Southern Vancouver Island, Northern Vancouver Island, Central Interior – Okanagan and the Kootenays. 6. The BCNDP Provincial Office shall be responsible for the cost of meeting rooms and equipment for the Leadership Candidate Tour. The BCNDP Provincial Office shall be responsible for advertising the Tour to members. Rules governing the Leadership Candidate Tour will be developed and provided to each candidate. 7. Candidates shall be responsible for their personal accommodation and travel expenses while on the Leadership Candidate Tour. These costs will be exempt from campaign spending limits.

L. Publicly Elected Officials Publicly elected officials are prohibited from using services and privileges provided to them and their staff, as a result of their elected position, to promote any leadership candidate and/or campaign.

M. Use of Constituency Association or Club Association Funds The use of BCNDP provincial constituency association, federal riding association or club association funds for the promotion of a leadership candidate or to assist in paying personal expenses of a leadership candidate is prohibited.

N. Membership Lists BCNDP membership lists will be encoded with a unique identifying security feature prior to release to campaigns. Unauthorized use of a membership list by a campaign may result in the disqualification of the campaign’s candidate, as recommended by the LRC to the Provincial Executive. BC New Democratic Party

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Part III–Conduct of the Election As approved by Provincial Executive on February 18, 2011 and Provincial Council on February 19, 2011, in accordance with Article 12.01 of the Constitution of the New Democratic Party of British Columbia.

O. Voting 1. All BC NDP members residing in BC and in good standing 90 days prior to April 17, 2011 are eligible to vote. 2. Voting is confidential. 3. Each eligible voter on the eligible member list will be mailed a Voter Instruction Letter during the week of April 4 to 8, 2011. The letter will contain detailed voting instructions and a unique Personal Identification Number (PIN). 4. There is no proxy voting. Using another person’s PIN is fraudulent and a violation of the Voting Rules. Any leadership campaigns found to have engaged in the misuse of PINs may be penalized. This may result in the disqualification of the leadership candidate as recommended by the LRC to the Provincial Executive. 5. Unusual PIN activity from an IP address or a phone number will be investigated. New Democrats planning to hold voting events must notify the BC NDP office in advance in order to avoid suspicions about multiple voting from a single IP address or phone number, with estimated number attending. 6. There will be two periods of voting and two kinds of voting. a. An advanced voting period between April 11 and April 16, 2011 where voting will be by preferential ballot b. Election day voting on April 17, 2011, which will not be by preferential ballot. Voters will be entitled to vote in each round of balloting until a winner is declared. 7. A voter may choose to vote in either of these periods. Those voting in the advanced voting period cannot vote again on election day. 8. Each valid PIN can only vote once, except that a voter voting on election day is entitled to vote in each round of balloting on that day. The candidate selection associated with each PIN is secret, secure and anonymous. 9. A help desk will be available to assist voters with questions they might have. Hours of operation for the Help Desk will be detailed in the Voter Instruction Letter sent to each voter.

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Constituency Association Forms Guide

P. Advanced voting period 1. An advanced voting period has been set, starting at 9:00am (PDT), April 11 and running continuously until 7 pm, (PDT) April 16. During this period voters may cast their ballot using a preferential voting method using either the telephone or the web. 2. Using preferential voting, voters will rank candidates in order of their preference. For example, the voter will select their first choice as ‘1’, their second choice as ‘2’, and so on. 3. Voters are not required to rank every candidate. Voters have the option of ranking every candidate or a fewer number of candidates. Voters may choose as few as one candidate. 4. The opportunity to cast a preferential ballot will end at 7 pm (PDT), on Saturday April 16, 2011 with the closing of the advance voting period. 5. An electronic record showing the name of each eligible voter and which of those eligible voters have voted will be made available to each registered leadership candidate on a regular basis during the advance voting period.

Q. Election Day 1. On Election Day April 17, 2011, voting will once again take place by telephone and by web at times to be announced. Election Day voting will not be preferential. The voter simply casts a single vote for their preferred candidate in each round of voting. 2. The Candidate who has a majority of valid ballots cast during the advanced voting combined with the election day voting will be declared Leader. 3. If no candidate has a majority of votes, the candidate with the fewest number of votes will drop off the ballot in subsequent rounds of voting until one candidate receives a majority of the votes cast in that round. 4. Other candidates have the option of dropping off the subsequent ballot. Candidates will be have 30 minutes from the announcement of the vote in which to decide whether they want to remain on the next ballot. The candidates must advise the Leadership Electoral Officer of their decision to drop off the ballot. 5. The advance votes and the Election Day votes will be combined during each round of voting when counted to determine the total votes all candidates received during all the voting. The second choice on an advance ballot (preferential) will be counted only when that voter’s first choice has dropped off the ballot. The third choice will be counted only when the first choice and second choice has dropped off the ballot and so on. 6. Each registered leadership candidate may appoint a scrutineer to observe voting. 7. The BC NDP will appoint an independent third party to audit the voting and associated processes and to render an official opinion on the voting process.

BC New Democratic Party

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Appendix A Regions of British Columbia as defined by the BCNDP Burnaby-Fraser Valley Abbotsford-Mission Abbotsford South Abbotsford West Burnaby-Deer Lake Burnaby-Edmonds Burnaby-Lougheed Burnaby North Chilliwack Chilliwack-Hope Coquitlam-Burke Mountain Coquitlam-Maillardville Fort Langley-Aldergrove Langley Maple Ridge-Mission Maple Ridge-Pitt Meadows New Westminster Port Coquitlam Port Moody-Coquitlam Richmond-Surrey-Delta Delta North Delta South Richmond-Steveston Richmond Centre Richmond East Surrey-Cloverdale Surrey-Fleetwood Surrey-Green Timbers Surrey-Newton Surrey-Panorama Surrey-Tynehead Surrey-Whalley Surrey-White Rock

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Kootenays Columbia River-Revelstoke Kootenay East Kootenay West Nelson-Creston Central Interior-Okanagan Boundary-Similkameen Cariboo-Chilcotin Fraser-Nicola Kamloops-North Thompson Kamloops-South Thompson Kelowna-Lake Country Kelowna-Mission Penticton Shuswap Vernon-Monashee Westside-Kelowna Northern BC Cariboo North Nechako Lakes North Coast Peace River North Peace River South Prince George-Mackenzie Prince George-Valemount Skeena Stikine Vancouver-North Shore North Vancouver-Lonsdale North Vancouver-Seymour West Vancouver-Capilano West Vancouver-Sea to Sky Vancouver-Fairview Vancouver-False Creek Vancouver-Fraserview Vancouver-Hastings Vancouver-Kensington Vancouver-Kingsway Vancouver-Langara Vancouver-Mount Pleasant Vancouver-Point Grey Constituency Association Forms Guide

Vancouver-Quilchena Vancouver-West End Vancouver Island South Esquimalt-Royal Roads Juan de Fuca Oak Bay-Gordon Head Saanich North and the Islands Saanich South Victoria-Beacon Hill Victoria-Swan Lake Vancouver Island North Alberni-Pacific Rim Comox Valley Cowichan Valley Nanaimo Nanaimo-North Cowichan North Island Parksville-Qualicum Powell River-Sunshine Coast

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