Frequently Asked Recall Questions

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Frequently Asked Recall Questions

A. Organizing
B. Collecting signatures
C. Signing a petition
D. Verification
E. Recall Advertising Sponsors
F. Proponents and MLAs

A. Organizing

A 1. When can I send in a recall application after an election?
Applications for recall will be accepted as of November 15, 2010. Due to provisions in the Recall and Initiative Act, eighteen months must elapse following General Voting Day for the previous election before an application may be made. General Voting Day was May 12, 2009.

A 2. Can a group and/or an organization begin a recall campaign?
No. Only an individual who is a registered voter of the Member’s electoral district can apply to have a petition issued for the recall of a Member of the Legislative Assembly (MLA). If a petition is issued, the proponent may be helped by volunteers (canvassers) to gather signatures.

A 3. What is the recall petition period?
The recall petition period starts on the day a recall petition application is approved in principle by the Chief Electoral Officer and ends on the day when the petition is submitted to the Chief Electoral Officer.

A 4. Can a recall proponent be changed during the recall period?
No. If a recall proponent is unable to continue with the recall campaign at any point before the petition sheets are returned, he must advise Elections BC. All materials provided by Elections BC must be returned, at which time the recall period will end. If there is interest in continuing, a new proponent must begin a new campaign.

A 5. What are valid reasons to recall an MLA?
There are no set criteria. The only requirement is that the applicant provide a statement of 200 words or less, of why, in the opinion of the applicant, the MLA should be recalled.

A 6. How do I apply for a recall petition?
An application package may be obtained from the Chief Electoral Office or through Elections BC’s website.

A completed application consists of the fully completed and signed application form, a statement of not more than 200 words of why, in the opinion of the applicant, the Member of the Legislative Assembly should be recalled and a non-refundable $50 processing fee. The processing fee may be paid by cash, money order, traveler’s cheque or certified cheque payable to the Minister of Finance. Uncertified cheques will not be accepted.

A 7. At what point does a recall petition exist?
The Recall and Initiative Act does not recognize that a recall petition exists until a completed application for a recall petition has been received by Elections BC.

A 8. When does a voter become a recall petition proponent?
After a completed application for recall petition has been received by Elections BC. In addition, a registered voter who intends to become a proponent is also considered to be a proponent for the purposes of the financing and advertising provisions of Parts 7 and 8 of the Recall and Initiative Act.

A 9. What does the recall application package include?
The application package includes the following information:

A10. Will I have access to the voters list?
Yes. The proponent and the MLA are provided with lists of individuals who were registered voters for the electoral district on General Voting Day during the last general election. The Recall Voters Lists show the names and addresses of voters who are currently registered and names of voters who are no longer registered voters.

A11. Can there be multiple recalls against the same Member at one time?
Yes.

A12. Can there be simultaneous recall campaigns in one electoral district?
Yes. Each recall petition is treated independently.

A13. If the petition is successful, can the MLA be a candidate in the subsequent by-election?
Yes. Even though a Member may have been recalled, they are still eligible to run as a candidate in the by-election.

A14. How much can I spend?
There are equal spending limits for both the proponent and the Member. The limits are based on the number of registered voters in the electoral district, with adjustments for population density and the Consumer Price Index. The Chief Electoral Office calculates the recall expenses limits, which are published in the BC Gazette and communicated to all authorized participants.

A15. Can I receive money prior to submitting a recall petition application?
Yes, Parts 7 and 8 of the Act contemplates that an individual could receive contributions before an application for a recall petition has been submitted to Elections BC.

A16. Can I submit financial agent or assistant financial agent appointment forms before the recall petition application has been submitted?
No, however, individuals who will be a financial agent or assistant financial agent should complete and sign the appointment form before they start receiving contributions to acknowledge that they will comply with the financing provisions of the Act. The appointment forms should be sent in with the application for a recall petition for processing.

A17. When can canvasser applications be submitted to Elections BC?
Any time after an application for a recall petition has been received by Elections BC.

A18. Can a canvasser application be completed prior to a recall petition application being submitted?
No, a canvasser may not complete an application prior to a recall petition being submitted, because the Act does not recognize that a recall petition exists. The Act does not address any “preparation” work done in advance of the submission of an application for a recall petition except for specific finance provisions.

A19. If I use an old canvasser application form 921(06/07), will it be accepted?
As long as it is duly completed after the application for a recall petition was submitted to Elections BC.

A20. What constitutes a successful recall petition?
The Recall and Initiative Act requires that a recall petition be signed by more than 40 percent of the voters who were, on the date of the last election of the Member, registered voters for the Member’s electoral district.

B. Collecting Signatures

B1. Who can collect signatures on a recall petition?
The proponent may be helped by volunteers to gather signatures. The volunteers are called “canvassers”, who must register with Elections BC prior to any canvassing. Elections BC issues identification cards to canvassers, who must carry the card with them when canvassing. The proponent must sign all canvasser applications. Signatures collected by unregistered canvassers will be disqualified during the petition verification process. Proponents may not pay anyone to collect signatures on a recall petition.

B2. How do I become a canvasser?
Contact the proponent of the recall petition. Once a recall petition application is submitted to Elections BC, proponents can start recruiting canvassers. The proponent will coordinate the recruitment of volunteers, manage the canvasser application process, and forward any canvasser applications to Elections BC for processing.

B3. Who can register as a canvasser?
Canvassers must be registered voters. Canvassers do not need to be a registered voter in the same electoral district that they may canvass in. Voter qualifications are:

are a Canadian citizen,
are at least 18 years old, and
have lived in B.C. for the past six months

B4. I was not a registered voter when the petition was issued. Can I still canvass?
Yes – but only if you register to vote first. In order to canvass, you must be a registered voter and you must also register as a canvasser with Elections BC.

B5. Can I sign and witness my own signature on a petition sheet?
No. If you are eligible to sign the recall petition, you can only sign a petition sheet administered by another canvasser.

B6. Can a proponent be a canvasser?
Yes, but the proponent must register as a canvasser.

B7. How much time is allowed for collection of signatures?
The proponent is allowed up to 60 days to collect signatures from day the petition was issued.

B8. What should a registered voter do if they want to sign the petition, but they have moved out of the electoral district since the last election?
The voter is still eligible to sign the petition if they were a registered voter in the electoral district at the time the MLA was elected. The voter must sign the petition using their current address and must ensure their voter registration is current before the petition is submitted to Elections BC.

B9. Do I have to register as a canvasser for each individual campaign?
Yes. A separate registration must be made for each recall petition. A canvasser does not have to be a registered voter in the Member’s electoral district, and may be registered as a canvasser for more than one petition.

B10. Can I canvass for signatures if I’m not a registered voter?
No. A canvasser must be a registered voter.

B11. Can I canvass in only the electoral district in which I am a registered voter?
No. A canvasser must be a registered voter but does not have to be a registered voter in the electoral district in which a recall campaign is underway. If there are simultaneous recall petitions, a separate canvasser application must be completed for each electoral district in which the individual wishes to canvass.

B12. Section 22 of the Recall and Initiative Act and section 6 of the Recall Petition Administration Regulation sets out the duties of canvassers. How does Elections BC handle complaints about the behaviour of canvassers?
Complaints relating to the conduct of canvassers are reviewed by Elections BC to determine their validity. Where a complaint is found to be valid, the proponent is advised to correct the conduct of their canvassers. Canvassers must ensure that they abide by the legislation and regulations with respect to canvassing.

B13. Can I demand access to apartment buildings to collect signatures?
No. Unlike candidates in elections who have legislated access for campaign purposes, canvassers are not guaranteed access to rental properties. Access may be granted at the discretion of the landlord.

B14. Can I demand access to malls and recreation centres, etc., to collect signatures?
There are no provisions under the Recall and Initiative Act to require a landlord to provide access to canvassers. Therefore, permission must be obtained from the property owner or manager.

B15. Is there any role for the MLA during the signature collection period?
The Recall and Initiative Act is silent on the role of the MLA.

B16. What can I do if someone disrupts a recall meeting or rally?
If an event is open to the general public, anyone may attend. If an individual disrupts the meeting or intimidates any of the attendees, the appropriate remedy is to call the police.

B17. Why am I finding so many people who are not on the voters list?
Individuals may not be on the Recall Voters Lists for a number of reasons. If they are not currently registered, they may have chosen not to register for personal reasons; if they are registered, they may have moved into the electoral district since the last general election; they may live near an electoral district boundary and may not know that they are not eligible in your electoral district; they may have assumed that registering as a municipal voter or as a federal voter automatically registered them as a provincial voter, which is not the case; or, they may have registered as a voter since the last general election and are not eligible for a recall.

B18. If an individual has signed the petition with their new legal name, but their previous legal name appears on the provincial voters list, how do they ensure their signature is counted during the verification process?
Before the petition is submitted to Elections BC, the voter must update their voter registration. That can be done online through Elections BC’s website or phoning 1-800-661-8683 or by visiting the Elections BC office or any Service BC Government Agent location. The voter must provide their former name and current name when updating their voter registration.

B19. Who is responsible to determine if a voter is eligible to sign a petition?
A voter is responsible to know if they are eligible to sign a petition. A voter who is uncertain about his or her eligibility should contact Elections BC toll-free at 1-800-661-8683. A canvasser is only responsible to ensure that a voter signs in ink and does not sign a petition more than once.

B20. Where can I find the rules around canvassing?
The rules are established in the Recall and Initiative Act, sections 21, 22, 156, 157, 158, 159, 162 and 163. The Recall Petition Administration Regulation establishes rules of canvasser conduct in section 6. Elections BC has provided a summary of this information in the Guide to the Recall Process and the Recall Petition Canvasser Guide. It is very important for canvassers to know their responsibilities and the rules governing their conduct, as not following the rules can constitute an offence under the Recall and Initiative Act.

B21. What if a voter makes a mistake when signing the petition?
To correct mistakes, the voter should neatly put a line through the mistake and make the necessary correction. If the name or address becomes unreadable after the correction, the voter should put a line through the petition row and start again on a new row.

C. Signing a petition

C 1. I am a registered voter and did not vote in the last election. Can I sign the recall petition?
You are entitled to sign the petition provided you were a registered voter on General Voting Day in the May 12, 2009 Provincial General Election in the MLA’s electoral district.

C 2. If I sign the petition, will my personal information be made public?
If a voter signs a petition, their name, address, signature and phone number will be available for public inspection at the office of the Chief Electoral Officer. The voter may request that their residential address and phone number be obscured from public inspection by checking the box next to their signature on the petition. If there is a request to view or obtain copies of the recall petition sheets, the requestor is required to sign a declaration stating that the personal information viewed will not be used except as permitted under the Recall and Initiative Act and the Election Act. Section 163(2) of the Recall and Initiative Act provides for penalties of up to $10,000 and/or imprisonment for up to two years for the misuse of personal information.

C 3. What information do I have to provide when I sign a recall petition?
Every signature on a recall petition must be accompanied by the residential address of the individual who signed. Postal addresses, such as PO Box numbers, are not acceptable. Signatures not accompanied by a residential address will not be counted. You will also be asked to provide a phone number.

C 4. Why do I have to provide my phone number when I sign the petition?
Although providing your phone number is voluntary, it is important to the recall process. You may be called by Elections BC to confirm that you signed the petition, or the proponent may need to contact you to ensure your information is correct so that your signature can be counted. You can provide a work or personal number. You can request to have your address and phone number obscured on the public inspection copy of the petition. Simply check the box to the right of your signature line.

C 5. My name was ‘Smith’ in the 2009 provincial election and I’ve signed with my new name ‘Jones’. Is that okay?
The name the voter uses to sign the petition must match the name on the current provincial voters list. It is the voter’s responsibility to check with Elections BC to see if they are registered correctly on the voters list. A voter may update their name by:

Updating their registration information online at www.elections.bc.ca
Calling Elections BC’s toll-free number at 1-800-661-8683
Downloading an “Application to Register, Update or Remove a Provincial Voter” and mailing, faxing or scanning and emailing the application to Elections BC
Visiting the Elections BC office in Victoria, BC

For more registration information, click here.

C 6. I’ve signed the petition but have changed my mind – can I have my name removed?
The proponent may remove any signature from the petition upon the request of the voter. Therefore, the voter would have to contact the proponent and request that their name and signature be removed from the petition sheet. However, the proponent is not compelled to do so. The Recall Petition Administration Regulation prohibits canvassers from removing, crossing out or interfering with signatures on a petition. Elections BC has no direct control over the signatures on a petition during the canvassing period, and once the petition has been submitted to the Chief Electoral Officer, Elections BC cannot remove a name from the petition.

C 7. I haven’t moved but local government authorities have changed the name of my street (or given us a house number now). I’ve signed the petition with the new address information. Will my signature still be counted?
Your signature will be counted if you contact Elections BC to update your voter registration before the petition is submitted for verification.

C 8. My street has two names, which should I use?
You should use the street name you normally use when describing where you live. If you use an alternate street name (such as Pat Bay Highway instead of Highway 17), it is likely to be accepted since Elections BC maintains a list of common alternate street names. If a voter is not sure, the voter should use the street name they normally use and advise Elections BC by telephone of a potential address mismatch.

C 9. I lived in a different electoral district during the last general election. I want to sign the recall petition in my new electoral district. Can I? If not, why?
No. To be eligible to sign the petition, an individual must have been a registered voter in the MLA’s electoral district during the last election.

C10. Do I sign the recall petition with my previous address that I lived at on General Voting Day or do I sign it with my current address?
The voter must sign the petition with their current residential address. Voters wishing to update their registration information in order to sign a recall petition are encouraged to do so by:

Updating their registration information online at www.elections.bc.ca
Calling Elections BC’s toll-free number at 1-800-661-8683
Downloading an “Application to Register, Update or Remove a Provincial Voter” and mailing, faxing or scanning and emailing the application to Elections BC
Visiting the Elections BC office in Victoria, BC

For more registration information, click here.

C11. When and where can I sign the petition?
Recall petitions can only be signed after the petition has been issued by Elections BC. For information about where to sign, contact the proponent of the petition.

C12. Which is the real petition on the Internet?
There are no official recall petitions online. Recall petitions can only be issued by Elections BC. The petition must be signed by registered voters in ink on official paper signature sheets. Signatures collected in any other way are not accepted. Collecting signatures is the responsibility of the proponent and their registered canvassers, who must witness each signature on the petition.

C13. Can I sign more than once?
No, it is an offence under the Recall and Initiative Act to sign a recall petition more than once.

C14. I filled in the petition more than once to correct a mistake without crossing out the first row, but only realized it after I left the canvasser, what can I do?
If you realize that you did sign more than once after you left the canvasser, you can request that the proponent remove the other signature lines. It is an offence under the Act to sign more than once.

D. Verification

D 1. How long does Elections BC have to verify the petition pages containing signatures?
When the Chief Electoral Officer receives the petition from the proponent, Elections BC has 42 calendar days to complete the verification process.

D 2. If a petition is submitted early, does the 42 day verification period start then?
Yes, the verification period begins as soon as a petition is submitted. If a proponent submits a petition before the end of the 60 day canvassing period, they cannot continue to collect and submit signatures.

D 3. How does the verification process work?
There are three phases to petition verification. In the first stage – Submission Confirmation – a preliminary review is conducted to obtain a manual count of petition sheets and signatures. Petition sheets that aren’t signed by canvassers, as well as signatures made in pencil are screened out during this phase. If sufficient signatures have been submitted, verification proceeds to the next phase – Computer Verification. In this phase, the registration status of canvassers is verified, and petition signature lines are compared against the eligible recall voters list. Petition sheets signed by unregistered canvassers, as well as incomplete or ineligible petition signatures are screened out during this phase. In the last phase – Signatory Verification – a statistically significant random sample of voters whose names appear on the petition sheets are contacted by Elections BC to verify that they did, in fact, sign the petition. If the petition fails at any point in the verification process, verification stops.

D 4. How does Elections BC check to see if I signed a petition?
Petition lines are first compared to the eligible recall voters list to ensure that the names and residential addresses on the petition match. A statistically significant random sample of individuals who signed the petition are then contacted by phone to confirm that they signed the petition.

D 5. How are duplicate signatures dealt with?
Signing a recall petition more than once is specifically prohibited by law, with penalties (on conviction) of a fine of not more than $10,000 or imprisonment of up to two years, or both. Depending on the circumstances, Elections BC may move to investigate instances of multiple signing. Only an individual’s first signature on a petition will count .

D 6. Does the verification process stop as soon as it becomes clear that the minimum number of signatures has been met, or as soon as it becomes clear that it is impossible to meet the 40% threshold required under the Recall and Initiative Act?
If it becomes clear during any phase of verification that the count will not meet the threshold, the phase is completed and no further verification is done.

D 7. What if the verification process shows that sufficient valid signatures are on the petition?
If there are sufficient valid signatures and the financing requirements have been met by the proponent, the Member ceases to hold office and the seat of the Member becomes vacant. The Chief Electoral Officer reports to the Member and to the Speaker of the House as soon as possible after making a determination. A Writ for by-election must be issued within 90 days after receipt of the warrant by the Chief Electoral Officer. The recalled Member is not prohibited from running in the subsequent by-election.

D 8. Does the proponent or the MLA have any role in verification?
There is no provision in the Recall and Initiative Act for observers or scrutineers. However, Elections BC, as administrators of the Recall and Initiative Act, allow both the proponent and the MLA to have two observers present to ensure transparency of the verification process.

E. Recall Advertising Sponsors

E 1. What is recall advertising?
Advertising used during a recall petition period to promote or oppose, directly or indirectly, the recall of the Member who is the subject of the petition is recall advertising. This includes, but is not limited to, leaflets, lawn signs, billboards, brochures, buttons, badges, newspapers, radio, television, websites, newsletters and public address systems.

E 2. Who must register as a recall advertising sponsor?
Any individual or organization, other than the proponent of the petition and the MLA, who sponsors recall advertising, must register.

E 3. How does one register as a recall advertising sponsor?
A Recall Advertising Sponsor Application for Registration form must be completed and submitted to Elections BC. This form may be downloaded or can be mailed to an applicant. A Commissioner for taking Affidavits in British Columbia must witness this form.

E 4. What is the deadline for submitting an advertising sponsor disclosure report?
The advertising sponsor disclosure report must be received by Elections BC within 28 days after the end of the recall petition period. The end of the petition period is either 60 days after the petition is issued, or when the proponent submits the signed signature sheets to Elections BC, if earlier.

E 5. Are there any spending limits on recall advertising?
No.

E 6. Where can the advertising sponsor disclosure reports be submitted?
The reports can be submitted by any of the following methods:

couriered or delivered in person to the Elections BC Victoria office
mailed to Elections BC at PO Box 9275 Stn Prov Govt, Victoria, BC V8W 9J6
faxed to 250-387-3578, or toll-free at 1-866-466-0665
scanned and emailed to electoral.finance@elections.bc.ca.

F. Proponents and MLAs

F 1. Can a proponent accept recall contributions prior to the recall petition period?
Yes, the definition of a recall proponent in section 1 of the Recall and initiative Act includes an individual who intends to become a proponent. The proponent acts as his or her own financial agent until such time as another individual is appointed, and may accept recall contributions prior to the recall period. The financial agent or any assistant financial agent may accept contributions before a recall application has been made.

F 2. Who has to file a recall financing report?

The financial agent of the proponent of the recall petition; and
The financial agent of the MLA who is the subject of the recall petition.

F 3. What is the deadline for submitting a recall financing report?
The recall financing report must be received by Elections BC within 28 days after the end of the recall petition period. The end of the petition period is either 60 days after the petition is issued, or when the proponent submits the signed signature sheets to Elections BC, if earlier.

F 4. Are there any limits on recall expenses?
There are equal spending limits for both the proponent and the Member. The limits begin with a base amount of $25,000, which is adjusted for the number of registered voters in the electoral district as of general voting day for the last election of the Member, the population density and changes in the Consumer Price Index. Elections BC calculates the recall expenses limits, which are published in the BC Gazette and communicated to all authorized participants.

F 5. Where can the recall financing reports be submitted?
The reports can be submitted by any of the following methods:

couriered or delivered in person to the Elections BC Victoria office
mailed to Elections BC at PO Box 9275 Stn Prov Govt, Victoria, BC V8W 9J6
faxed to 250-387-3578, or toll-free at 1-866-466-0665
scanned and emailed to electoral.finance@elections.bc.ca.