Frequently Asked Questions
A. Organizing a Recall
B. Collecting Signatures
C. Verification
D. Recall Advertising Sponsors
E. Proponents and MLAs
A. Organizing a Recall
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. 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 4. 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 5. 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 6. What does the recall application package include?
The application package includes the following information:
- Application for Recall Petition
- Appointment of Financial Agent
- Appointment of Assistant Financial Agent
- Application for Canvasser Registration
- Guide to the Recall Process
A 7. Will I have access to the voters list?
Yes. The proponent and the MLA are provided with a list of registered voters for the electoral district as of General Voting Day at the last election, showing the addresses where those voters are currently registered.
A 8. Can there be multiple recalls against the same Member at one time?
Yes.
A 9. Can there be simultaneous recall campaigns in one electoral district?
Yes. Each recall petition is treated independently.
A 10. 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.
A 11. 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.
A 12. 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
B 1. How much time is allowed for collection of signatures?
The proponent is allowed 60 days to collect signatures.
B 2. Can a proponent be a canvasser?
Yes, but the proponent must register as a canvasser.
B 3. Do I have to register as a canvasser for each individual campaign?
Yes. 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. A separate registration must be made for each petition.
B 4. Can I canvass for signatures if I’m not a registered voter?
No. A canvasser must be a registered voter. Any individual who is eligible to vote can request and submit a voter registration application to become a registered voter.
B 5. 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.
B 6. When the petition was issued I was not a registered voter. Can I canvass and sign the petition?
In order to canvass you must be a registered voter. Voter registration applications are available from Elections BC. However, a newly registered voter is not eligible to sign the petition sheet. An individual must have been registered in the MLA’s electoral district in the last provincial general election (May 12, 2009) in order to sign a petition. A canvasser may not sign his own petition sheet.
B 7. Can a canvasser carry voter registration applications to allow voters to change their registration information?
No. Canvassers may not carry voter registration applications. If a voter discovers or suspects that their voter information is not correct, the voter should contact Elections BC toll-free at 1-800-661-8683. Voter registration updates and address changes can be processed over the telephone. Or, voters may use Elections BC’s Online Voter Registration system.
For more registration information, click here.
B 8. Section 22 of the Recall and Initiative Act and section 6 of the Recall Administration Regulation sets out the duties of canvassers. How does Elections BC handle complaints about the behavior of canvassers?
Complaints relating to the conduct of canvassers are reviewed by Elections BC staff to determine their validity. Where a complaint is found to be valid, the proponent is advised to correct the conduct of his/her canvassers. Elections BC may, if it is determined to be necessary, become more proactive to ensure authorized participants, the general public and voters are aware of the requirements of the Act.
B 9. Can I demand access to apartment buildings to collect signatures?
No. Unlike candidates 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.
B 10. Can I demand access to malls and recreation centers, 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.
B 11. 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. In some cases observers have been appointed by the MLA to monitor the proponent’s canvassers. Elections BC does not register observers as they do canvassers. It is understood that observers are not to interfere with the canvassing activities and stay a respectful distance from canvassers and individuals wishing to sign a petition.
B 12. Do observers have to identify themselves?
Elections BC suggests that observers working on behalf of the MLA should wear appropriate identification badges which include both their name, whom they represent and indicate sponsorship.
B 13. What can I do if someone disrupts a recall meeting or rally?
In 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.
B 14. Why am I finding so many people who are not on the voters list?
Voters may not be on the list for a number of reasons. They may have chosen not to register for personal reasons; they may have moved into the electoral district since the last general election; they may be near an electoral district boundary and genuinely not know which electoral district they live in; they may assume that registering as a municipal voter automatically registers them as a provincial voter, which is not the case; or, they may have registered as a voter since the last general election.
B 15. 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.
B 16. 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.
B 17. If I sign the petition, will my personal information be made public?
If a voter signs a petition sheet, their name, address and signature will be available for public inspection at the office of the Chief Electoral Officer. The voter may request that their residential address be obscured from public inspection. If there is a request from a member of the public to view or obtain copies of the recall petition sheets, that person 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.
B 18. My name was ‘Smith’ in the 2009 provincial election and I’ve signed with my new name ‘Jones’. Is that okay?
Yes, provided the voter has registered with Elections BC in their new name prior to signing the petition or before the petition is submitted. If they haven’t done so, the voter must update their voter registration information. 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,
- calling Elections BC’s toll-free information number at 1-800-661-8683,
- downloading the Application to Register, Update or Remove a Provincial Voter and mailing, faxing or scanning and emailing the application to Elections BC
- visiting a Government Agent or Service BC office, or
- visiting the Elections BC Victoria office.
For more registration information, click here.
B 19. 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 Administration Regulation prohibits a canvasser from removing, crossing out or interfering with a signature on a petition. Elections BC has no direct control over the signatures on a petition sheet while a recall petition is under the control of the proponent and once the petition sheets have been submitted to the Chief Electoral Officer, Elections BC cannot remove a name from the petition sheets.
B 20. 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?
The residential address on the petition must match the residential address information for that voter on the voters list. A change of address must be submitted by the voter to Elections BC before the petition is submitted. This can be done online, by contacting Elections BC toll-free at 1-800-661-8683, by submitting an Application to Register, Update or Remove a Provincial Voter, or, by visiting a Government Agent or Service BC office or the Elections BC Victoria office.
For more registration information, click here.
B 21. 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.
B 22. 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 for the Member’s electoral district at the last election. However, a voter remains eligible to sign a recall petition in their previous electoral district provided they are currently registered and use their current residential address.
B 23. 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,
- calling Elections BC’s toll-free information number at 1-800-661-8683,
- downloading the Application to Register, Update or Remove a Provincial Voter and mailing, faxing or scanning and emailing the application to Elections BC,
- visiting a Government Agent or Service BC office, or
- visiting the Elections BC Victoria office.
For more registration information, click here.
C. Verification
C 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.
C 2. How are duplicate signatures dealt with?
If someone has signed a petition sheet more than once or signed more than one petition sheet, only one signature will be counted during verification.
C 3. 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?
No. The verification process will proceed to completion so that every signature and petition line can be accounted for in the final reconciliation.
C 4. 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.
D. Recall Advertising Sponsors
D 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.
D 2. What is the recall petition period?
The period starting on the day on which a recall petition application is approved in principle by the Chief Electoral Officer and ending on the earlier of:
- 60 days from the date on which the recall petition is issued by the Chief Electoral Officer; or
- the day on which the recall petition is submitted to the Chief Electoral Officer.
D 3. 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.
D 4. 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 for British Columbia must witness this form.
D 5. 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 the Chief Electoral Officer, if earlier.
D 6. Are there any spending limits on recall advertising?
No.
D 7. 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
- scanned and emailed to electionsbc@elections.bc.ca .
E. Proponents and MLAs
E 1. Can a proponent accept recall contributions prior to the recall period?
It is acceptable for the financial agent or assistant financial agent to accept contributions before a recall application has been made. Section 1 of the Recall and Initiative Act defines an individual who intends to become a proponent as a recall proponent. As such he or she may act as financial agent or appoint another individual. It is possible to do this before an application for a petition has been made. A proponent may accept recall contributions before appointing a financial agent as the proponent is acting as his own financial agent until such time as another person is appointed.
E 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.
E 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 the Chief Electoral Officer, if earlier.
E 4. Are there any limits on recall expenses?
There is a recall expenses limit imposed on the participants - the proponent and the MLA. Participants are notified of this limit when approval in principle is given by the Chief Electoral Officer. This limit begins with a base amount of $25,000 and is adjusted for the number of registered voters and population density.
E 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
- scanned and emailed to electionsbc@elections.bc.ca.
