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Cash from Bill 37 to fuel court fight

Tories will use money for challenge

The Manitoba Tories will use the cash windfall contained in new election legislation to bankroll a constitutional challenge of those same election laws.

And they say they'll do their best to alter or even stall the omnibus bill to ensure it doesn't pass before the house rises next month.

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Hugh McFadyen

"If the bill passes, we will be applying the resources of our party to get it struck down," said Tory Leader Hugh McFadyen. "And if it's not struck down, if we win the next election, we'll repeal the bill."

At issue are several provisions in the omnibus bill that the Tories say stymie their efforts to reach out to voters while also lining the NDP's election war chest.

Party advertising in a non-election year would be capped at $75,000 -- a limit on free speech the Tories say violates their charter rights. There's also a crackdown on taxpayer-funded MLA mailouts the Tories say gives the NDP too much control over the content of their flyers.

Meanwhile, a new rule would see each party receive an annual stipend worth $1.25 for every vote they won, which gives struggling parties like the Greens a bit of a boost. The rule gives the Tories about $200,000 a year, but it also gives the NDP about $250,000 every year until the next election in 2011.

"The NDP are trying to spin that they should get a $1 million headstart on a $2 million campaign," McFadyen said. "That's a grossly unbalanced playing field."

The Tories would have about $800,000 in their war chest by the time the next vote rolls around.

Justice Minister Dave Chomiak, the house leader, said the province vets every piece of legislation through its constitutional lawyers, so he's not worried about a court challenge.

And he said it's a bit phony of the Tories to raise a stink now about taxpayer funding of political parties since the government has rebated a portion of campaign expenses for years.

He added the new rules, along with a ban on corporate and union donations, are meant to make the process more open and fair -- especially timely given the orgy of spending that's happening in the American presidential race.

The proposed rules put the Tories in a tricky position -- take the cash and look like hypocrites or refuse the cash and get dramatically outgunned by the NDP in the next election.

McFadyen said he couldn't doom his party to endless election losses by refusing the cash, a decision the NDP has already begun to needle him about in the legislature.

McFadyen is banking on what he slyly predicts will be a "very interesting committee process" that he hopes will bring members of the public out to criticize the election bill at a hearing later this month. He said his party will be demanding some amendments to the bill and warned the NDP not to abuse their majority and force the bill through committee.

maryagnes.welch@ freepress.mb.ca

The nuts and bolts

of a proposed law

So what's Bill 37 really about? And should you actually pay attention to it? Here's a quick primer:

What it means to you:Bill 37 will fix election dates. Every four years on the second Tuesday in June we go to the polls, which will open at 7 a.m. This date will only change if there's major spring flooding. It also means about $500,000 a year of your money will be parcelled out to political parties as part of an annual stipend. If you support the Greens, you'll think that's a good thing. If you really hate the big boys -- the Tories or the NDP -- you might chafe at the thought of your money being given to them.

Why the opposition hates it:Among many reasons, they say it sneakily restricts what they can mail out to constituents in an election year. Bill 37 allows a political party to spend up to $75,000 in a non-election year on advertising and no more than $150,000 in an election year. That's more than the current cap of $50,000. But, and this is a BIG BUT, in an election year, Bill 37 expands the definition of advertising to include posters, leaflets, letters, cards, signs, banners and any other printed material. And there will be new rules -- developed by an NDP-dominated committee -- on the cost and content of flyers MLAs can send to their constituents. Right now, the Tories are in the midst of a big direct mail campaign to reach voters directly, and this bill clamps down on that. (Conversely, it also means you'll get less stuff in your mailbox that you probably chuck in your blue box). The NDP says there are no rules right now on the mail-outs and the Tory flyers are too partisan.

Is the NDP bound by the same rules? Yes. There is also a rule to prohibit advertising by a government department or Crown corporation in the last 60 days before an election. But the government can advertise as much as it wants any other time. And it does.

Does Bill 37 give an advantage to the ruling New Democrats? Yes, but only because they're the ruling New Democrats -- they won more seats than the Tories and Liberals in last year's election. For the first time, Bill 37 will give an annual allowance (taxpayer money they get to operate) to each registered party worth $1.25 per vote to a maximum of $250,000. The NDP will get the max, the Conservatives will receive $198,000 and the Liberals $68,000.

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