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Governance &
Structure Division
 

Election Offences

Election offences are serious offences that can result in fines of up to $10,000 and imprisonment for up to two years.
 

A person convicted of this type of offence can also be disqualified from holding office in a local government and from voting in local government elections anywhere in the province for up to six years.
 

Candidates, campaign organizers, and elector organizations—and individuals working on their behalf—should be careful not to commit any of these offences.
 

Division 17 of the Local Government Act outlines two scales of election offences. The first scale of offences can result in penalties including:
  • a fine of up to $10,000;
  • imprisonment for up to two years;
  • prohibition from holding elected office in a local government for up to six years; and
  • prohibition from voting in a local government election for up to six years.

This scale of offences includes:

  • Vote Buying
    It is an offence to offer inducements to vote. Inducements can include, but are not limited to:
    • offers of money
    • gifts
    • valuable considerations
    • refreshments
    • entertainment
    • employment
    • or any other benefits
    that rewards or persuades individuals to alter their voting behaviour. It is also an offence to accept the inducement for voting.
  • Intimidation
    It is an offence to intimidate an elector, by action or threat, to compel the person to vote or to refrain from voting. It is also an offence to punish a person for voting or refraining from voting generally, or for voting in support of a particular candidate.
The second scale of offences can result in penalties including:
  • a fine of up to $5,000;
  • imprisonment for up to one year;
  • prohibition from holding elected office in a local government for up to six years; and
  • prohibition from voting in a local government election for up to six years.
This scale of offences includes:
  • Advertising on general voting day
    It is an offence to conduct election advertising through newspapers, magazines, radio or television on general voting day.
  • Campaigning near a voting place
    It is an offence to engage in campaigning and other activities that show support for one candidate over another within 100 metres of any building where voting is taking place.
     

    During both advance voting opportunities and general voting hours (8 a.m. to 8 p.m.), election advertising by means of a public address system or a loudspeaker is not permitted within hearing distance of the voting place.

  •  

    Candidates, and their supporters, must not canvas, solicit votes or advertise within 100 metres of where general or advance voting is taking place. Advertising include:
    • signs, posters, or flyers;
    • bumper stickers on vehicles parked outside the voting place; or,
    • badges worn by supporters.
  • Providing or distributing false information
    It is an offence to falsely withdraw a candidate from an election, distribute a false statement that a candidate has withdrawn, falsely withdraw the endorsement of an elector organization, consent to nomination when ineligible, provide false information, or make false statements or declarations.
  • Contravening voting provisions
    It is an offence to vote when not entitled to, vote more than once in an election, obtain a ballot in the name of another person, interfere with the secrecy of the ballot, tamper with ballots or ballot boxes, or print, reproduce, give out, or destroy ballots without authorization.
  • Contravening campaign finance provisions
    It is an offence to fail to open and use a campaign account, make or accept prohibited contributions or incur unauthorized or unrecorded expenses, fail to transfer surplus funds, or fail to file campaign financing disclosure statements.
Section 153.1 - Prosecution of Organizations and Their Directors and Agents of the Local Government Act holds organizations accountable for election offences committed by their representatives, and directors and agents of organizations accountable for election offences committed by their organizations. If, for example, the director of an organization induced electors to vote a certain way, the organization could be held accountable for the director’s actions. Likewise, if an organization purchased newspaper ads supporting candidates that ran on voting day, the directors or agents of the organization who allowed this to happen could be held accountable.
 

For the purpose of prosecuting election offences, charges can be brought against any individual or organization - including unincorporated organizations.
 

The following table summarizes election offences and the penalties associated with each offence.
 

LGA Section Offence Penalty (as per s.154)
s.151 Vote buying:
offering or accepting inducement for voting
  • Fines up to $10,000;
  • Imprisonment for up to 2 years;
  • Prohibition from voting or holding office in a local government for 6 years;
s.152 Intimidation:
using force or the threat of force to interfere with voting)
  • Fines up to $10,000;
  • Imprisonment for up to 2 years;
  • Prohibition from voting or holding office in a local government for 6 years;
s.152.1 Conducting election advertising on general voting day (applies to radio, TV, newspaper or magazine advertising)
  • Fines up to $5,000;
  • Imprisonment for up to 1 year;
  • Prohibition from voting or holding office in a local government for 6 years;
s.153 Other election offences:
  • falsely withdrawing a candidate or an endorsement;
  • fraudulently voting;
  • interfering with ballots or ballot boxes;
  • canvassing, advertising or otherwise visibly supporting a candidate within 100 meters of a voting place on voting days;
  • contravening campaign finance rules;
  • et cetera.
  • Fines up to $5,000;
  • Imprisonment for up to 1 year;
  • Prohibition from voting or holding office in a local government for 6 years.

 

Resolving Election Offences

Election offences are dealt with by the BC Supreme Court. Typically, such offences are prosecuted after the police make a recommendation to Crown counsel.
 

Anyone who wishes to have charges laid in relation to an election offence is required to provide evidence to support their allegation. The Local Government Act provides that a person is not guilty of an election offence if they exercised due diligence to prevent the commission of the offence.
 

The Offence Act also permits private citizens to prosecute offences. If a private citizen wishes to proceed with a prosecution independently, the BC Supreme Court Self-Help Information Centre can provide information on how to start a civil proceeding. The Ministry of Community and Rural Development does not investigate or prosecute election offences.
 

For more information, please refer to the Candidate's Guide to Local Elections in BC (PDF, 291KB), the Campaign Organizer and Elector Organization's Guide to Local Elections in BC (PDF, 308KB), or contact the Advisory Services Branch at:
 

PO Box 9839 Stn Prov Govt
Victoria, BC V8W 9R1
Telephone: 250-387-4020
Fax: 250-387-7972
 

For legal assistance or to find a lawyer, please contact the
Lawyer Referral Service at (604) 687-3221 or 1-800-663-1919.
 

Alternatively, Pro Bono Law of British Columbia provides free legal services. They can be reached at:
 

Pro Bono Law of British Columbia
PO Box 103
845 Cambie Street
Vancouver, BC V6B 4Z9
Telephone: (604) 893-8932
Fax: (604) 893-8934
Email: info@probononet.bc.ca


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