Winnipeg Free Press - PRINT EDITION
Parties lose confidence in chief election boss
MANITOBA Tory Leader Hugh McFadyen says he has lost faith in the man who oversees Manitoba’s elections and who is under fire over his investigation of the NDP’s 1999 campaign returns.
The official Opposition leader’s lack of confidence in chief electoral officer Richard Balasko came as the Tories joined with the Liberals Tuesday to again try to turn up the heat on the NDP over the party’s 1999 campaign finances.
"If you are the chief electoral officer and two of the three major parties have expressed a lack of confidence in you, I don’t know how you can continue on into the next election," said McFadyen.
The Tories are prepared to ask the courts to review how Elections Manitoba investigated an NDP campaign rebate arrangement.
Flanked by Liberal Leader Jon Gerrard, Hugh McFadyen said Tuesday the courts are an "absolute last resort" if calls for an inquiry go nowhere when the legislature resumes this fall. He said his party is gathering legal advice on the matter and is also considering referring concerns to the RCMP.
The Doer government has been in hot water this spring over a financing arrangement it used in the 1999 election to max out the taxpayer- funded rebates all campaigns get to offset some expenses. The NDP’s central campaign changed the returns filed by official agents for 13 campaigns and listed full-time union workers as expenses instead of donations in kind.
"If that happened in our party, the people who were responsible would be thrown out," said Gerrard.
The accounting manoeuvre allowed the NDP to reap $76,000 in rebates Elections Manitoba later ordered the party to pay back.
Premier Gary Doer has said repeatedly the party had a genuine disagreement with Elections Manitoba on the interpretation of election rules and that 1999 was the first time the agency raised a red flag over a common practice.
The Tories and Liberals also say Elections Manitoba went easy on the ruling party, choosing not to lay charges, even though Tory MLAs were offered no leniency for similar election violations.
On Tuesday, the Liberals and Tories gathered their MLAs together for a mock meeting of the legislative affairs committee that normally hears once a year from Balasko. The opposition invited Balasko to attend and answer questions about its three-year investigation, but he declined.
In a letter to the Opposition leader, Balasko reiterated his office acts independently and treats all parties the same. He said all investigations into breaches of campaign finance rules are conducted the same way regardless of party, and his decision not to charge the NDP was consistent with legal advice he received.
Elections Manitoba has consistently said legislation prohibits it from discussing investigations.
The Doer government was reluctant to weigh in on the opposition’s stunt Tuesday. A spokesman for the premier said the NDP respects the integrity of legal advice provided to Elections Manitoba as well as the independence of that agency.
"This is a fight between Hugh McFadyen and Elections Manitoba," said Jonathan Hildebrand.
maryagnes.welch@freepress.mb.ca
CAN THE OPPOSITION FIRE THE ELECTION BOSS?
MAYBE, but it's a longshot. According to Section 26(2) of the Elections Act, when the house is not in session, a majority of the leaders of the political parties can band together and suspend the chief electoral officer. That theoretically means Liberal Leader Jon Gerrard and Tory Leader Hugh McFadyen could seek to oust the head of Elections Manitoba. But there's a catch. Such a move requires an order in council, which is an order from cabinet. Getting an NDP
cabinet to entertain such a notion seems a non-starter.
Republished from the Winnipeg Free Press print edition June 17, 2009 A7
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