Tory candidate cleared on allegations he violated Elections Act

The chief electoral officer of Elections Nova Scotia has found Progressive Conservative candidate Steve Craig did not violate the Elections Act, but he's also making recommendations for amendments to the act following the allegation.

Richard Temporale released the findings of an investigation Wednesday, following a complaint by the New Democrats that Craig, a candidate in the Sackville-Cobequid byelection, may have used his position as a councillor for Halifax Regional Municipality to promote himself in the byelection.

The NDP pointed to a newsletter Craig sent to the community in his capacity as a councillor, as well as his attendance at a community function where he made a cheque presentation for $20,000 to the Friends of First Lake Society on May 15, the same day the writ was issued. Craig filed his nomination papers the following day.

In response, Craig said the presentation was supposed to happen a month earlier, but was delayed at the request of the group. He said the newsletter was the same thing he has issued every spring and fall since being elected to municipal council.

In his report, Temporale noted the Elections Act says the election period starts with the dissolution of the House of Assembly or issuance of the writ. The complaint about the newsletter was therefore dismissed, because it was delivered to people in late April and early May.

Cheque presentation may have 'spillover benefits'

Temporale investigated the complaint about the cheque, noting it raised potential concerns that it could have been provided in exchange for promised votes, it could have been a form of promotion that violates advertising rules and it could have been an illegal contribution, because the money came from HRM and not an individual.

Ultimately he concluded Craig was acting in his duties as a municipal councillor, using money from a fund established for councillors to give to community groups in their districts.

But while he found Craig took efforts not to appear as though he was promoting himself as a byelection candidate, Temporale said there was a high likelihood "of a spillover benefit effect in delivering the cheque at that time." Still, Temporale said that benefit would have likely been the same had Craig presented the cheque when he initially planned to a month earlier.

Recommendation to amend Elections Act

More broadly, the report says "the CEO believes that the provision of funds by an elected official in one level of government should not be permitted under any circumstances while that official is running for election at another level of government, given the advantage this creates for the elected officials over other candidates."

Temporale recommends the Elections Act be modified so elected local officials would have to take a leave of absence during an election period while seeking office at another level, removing "a distinct advantage to candidates who are also members of council." Temporale also called on HRM to consider updating its guidelines to reflect updates to the Elections Act, something that hasn't been done since 2012.

He noted MLAs are already prevented from using constituency funds during a provincial election and they must resign before being able to be a candidate in a federal election.

Any changes to the Elections Act would have to be introduced at Province House and voted on by MLAs.

The byelection in Sackville-Cobequid is scheduled for June 18.

Along with Craig, David Boyd is running for the Atlantica Party, Anthony Edmonds is running for the Green Party, Lara Fawthrop is running for the NDP and Michel Hindlet is running for the Liberals.