A Guide for Financial Agents To elect Members of the Nunavut Legislative Assembly

8/6/2019 A Guide for Financial Agents To elect Members of the Nunavut Legislative Assembly

1/54

A Guide for

Financial AgentsTo elect Members of the

Nunavut Legislative Assembly


2/54

Printed by Elections Nunavut 2011

Contact us for more information

print or electronic -

in any of Nunavut

s official languages.

Election Nunavut

Box 39, 43 Sivulliq Ave.

Rankin Inlet, Nunavut X0C 0G0

1.800.267.4394

1.800.269.1125

[email protected]

www.elections.nu.ca


3/54

Table of Contents

Introduction ............................................. 1

Election Vocabulary ..................................... 2

Election Period Calendar ............................... 9

1) The Financial Agent ................................11What is the financial agents job?

Who can and can not be a financial agent?

What happens if a financial agent leaves their job?

2) Declaration of Candidacy ..........................13What is the declaration of candidacy?

What information about the financial agent goes on thedeclaration of candidacy?

What happens if the RO accepts a declaration of

candidacy?When candidates and financial agents need informationor help, who do they turn to?

What happens if the RO rejects a declaration ofcandidacy?

What happens if the RO accepts a declaration, butsends an official Notice?

3) Money Matters .....................................16

What is a campaign budget?What are the rules to open a campaign account?


4/54

4) Campaign Contributions .............................18What is a campaign contribution?

Who can contribute to a candidates campaign?How and when can the campaign accept contributions?

What is the maximum amount people can contribute?

What about anonymous contributions?

What is the maximum amount a campaign can collectand spend?

How much of their own money can the candidatecontribute to the campaign?

5) Tax Receipts ........................................21What are tax receipts?

Who can sign and give out tax receipts?

Who gets a tax receipt?

When do contributors get their copy of the taxreceipt?

What about the other copies of the tax receipts?

What if you need more tax receipts?

6) Campaign Expenses .................................23What are the rules to pay campaign expenses?

What are examples of acceptable and unacceptablecampaign expenses?

What happens if theres money left over at the end ofthe campaign?

What happens if there isnt enough money at the end ofthe campaign to pay all the bills?


5/54

7) Keeping Records during the Campaign .............26What are the rules to record contributions?

What are the rules to record expenses?Worksheets to record campaign expenses andcontributions

8) Campaign Financial Return .........................34What is the financial return?

What documents are part of the financial return?

What is the deadline for the campaign financial return?

What happens if the campaign financial return isnt doneon time?

9) Breaking Nunavut Elections Actlaws .............37What are the main types of election crime?

If someone is charged and convicted, how are theypunished?

Who can complain about a possible election crime?

Who investigates a complaint?

Whats a compliance agreement?

10) Financial Agents Checklist .......................41Before the election period begins

During the election period

After Election Day

Financial Agent Teleconferences .....................45


6/54

Sample Forms ..........................................46Set up a Campaign Account

Record of Tax ReceiptsReport of Contributions from a Campaign Gathering

Consent Form for Candidate Reps

How to fill out the Campaign Financial Return

Financial Return Long Form

Financial Return Short Form


7/54

Introduction

This Guide is a summary of parts of the Nunavut Elections Act - thelaws to elect Members of the Legislative Assembly. Financial agentsmust use and follow this Guide, but it does not replace the laws.

The Guide has information about who can and can not be a financialagent; what financial agents must do, and when and how they mustdo it. It includes copies of forms that financial agents use, suchas the campaign financial return and information about how thefinancial agent must prepare the campaign financial return, aferElection Day.

The Guide has information about general elections and by-elections.Most of the laws are the same for both. The Guide clearly showswhere the laws are different for a by-election.

Elections Nunavut has other information that financial agents mayfind useful:

Guide for Candidates.

Guide to Manage a Campaign.

Voter information brochures.

Guide to the Nunavut Elections Act - a summary.

Constituency maps.

Nunavut Elections Act.

Contact Elections Nunavut for copies of these documents, in any ofNunavuts official languages.

Financial Agents Guide Page 1


8/54Financial Agents GuidePage 2

Election Vocabulary

Acclamation: A candidate wins by acclamation when theyre theonly candidate in their constituency. Nobody votes.

Advance vote: A way to vote before Election Day. You vote at thepolling station, 7 days before Election Day, any time from12pm to 7pm local time.

Affirm: A formal, legal promise that something is true; a promise todo something; the most serious promise a person can make.If you break this promise its the same as breaking the law.Similar to declaration, oath, or swear.

Assistant Returning Officer (ARO): The Returning Officer (RO)hires one or more AROs for their constituency. The ARO canaccept declarations of candidacy and helps the RO with allother work during the election period.

Ballot: The official paper we use to mark our vote. It lists thecandidates names in alphabetical order.

By-Election: An election in only one constituency. It happens afera general election when the MLAs seat becomes vacant forsome reason.

Campaign: The advertising, signs, butons, speeches, and otherthings a candidate uses to make people want to vote for them.

Campaign manager: The person who coordinates and looks afer acandidates campaign. The candidate appoints the campaign

manager.

Campaign material: Any ads, signs, butons, banners, posters,and other things in favour of one candidate, or againstother candidates. Ads may be on radio, TV, Internet, and innewspapers.


9/54Financial Agents Guide Page 3

Candidate:An eligible voter who wants to be a Member of theLegislative Assembly (MLA), and who files a declaration of

candidacy that Elections Nunavut accepts.

Chief Electoral Officer (CEO): The CEO is in charge of ElectionsNunavut. The Commissioner of Nunavut appoints thisperson to oversee the Nunavut Elections Act. ElectionsNunavut is all the people responsible to organize and carryout territorial elections.

Close of candidacy: 2pm local time, 31 days before Election Day.

Constituency: A geographic area and the people who livethere. Nunavut has 19 constituencies. The people in eachconstituency elect a Member of the Legislative Assembly.

Contribution: Any money, goods, and / or services a person orbusiness gives to help elect a candidate.

Counterfoil: The numbered tab on a ballot. The Deputy ReturningOfficer rips it off just before the ballot goes in the ballot box.

Declaration:A formal or legal statement a person makes to saysomething is true or they intend to do something. If you breakthis promise its the same as breaking the law. Declaration issimilar to affirm, oath, or swear.

Declaration of candidacy: The form a person fills out to say theywant to be a candidate - they want a chance to be elected asa Member of the Legislative Assembly (MLA). They must beeligible and give a $200 deposit. The financial agent must alsosign this document.

Deputy Returning Officer (DRO): The election officer in chargeof a polling station. A DRO makes sure voters and candidatesfollow the law in the polling station. They give out the ballotsand count them.



Elect: To choose a person by voting. During a territorial election weelect our Members of the Legislative Assembly (MLAs).

Election: The election of members to the Nunavut LegislativeAssembly. In a territorial election voters mark a secret ballotto choose a candidate to be a Member of the LegislativeAssembly (MLA). This Guide does not apply to otherelections, like municipal elections or elections to Inuitorganizations.

Election expense: Any money paid or owed during an electionperiod, as part of a candidates campaign. Includes any goods

and services people contribute, and any costs of thefi

nancialagent and campaign manager.

Elections Nunavut: The office and staff of the Chief ElectoralOfficer. These people run and organize territorial elections.

Election Officer: A person who helps to run a territorial election.Election Officers include Returning Officers, AssistantReturning Officers, Deputy Returning Officers, Poll Clerks,and Registration Clerks.

Election period: A 35-day period that starts with the writ and endswith Election Day; the official time for the election.

Election report: Shows how many votes each candidate got.The Returning Officer (RO) fills it out afer they review theElection Day statements of the poll. The RO can delay theelection report for up to two weeks afer Election Day, ifneeded.

Emergency method: A way to vote by radio or satellite phone ifyoure in a remote place and meet three strict conditions: 1)you cant get to a polling station on Election Day; 2) you cantcommunicate any other way; 3) you had no other way tovote before you went to the remote place. You must contactElections Nunavut to organize to vote this way.



Final voters list: This list includes all the voters that were onthe list when the election started, plus those who registered

during the election period. It comes out af

er Election Day.

Financial agent: The person who handles all the money for acandidates campaign. The financial agent takes contributions,pays all the expenses, and helps the candidate make afinancial report afer the election. The candidate appoints thefinancial agent; they both sign the declaration of candidacy.

Financial return: The official report of the campaigns electioncontributions and expenses, required under the Nunavut

Elections Act. The candidate andfi

nancial agent complete thereport, sign it, and make a declaration that the information istrue.

General election: An election for all of the 19 constituencies.

Judicial recount: A judge of the Nunavut Court of Justice countsall the ballots for a constituency again. This happens if twocandidates have the same number of votes or almost the samenumber within 2% of each other. See the Nunavut Elections

Act for other ways a recount can happen.

Legislative Assembly: The people we elect to form the Governmentof Nunavut and make laws for Nunavut. The LegislativeAssembly has 19 members.

Members of the Legislative Assembly (MLAs): The people whoget elected during a territorial election; the people who formthe Government of Nunavut.

Mobile poll: A way to vote if you physically cant get out to vote.The poll comes to you.



Notice of Election: Shows the name and contact information foreach candidate in a constituency, and their financial agent and

campaign manager. The Chief Electoral Offi

cer sends out theelection notice 30 days before Election Day.

Nunavut Elections Act: The laws that Nunavummiut use toorganize and run a territorial election.

Oath: A formal, legal promise that something is true; a promise todo something. Election officers take an oath to be impartialin their job; elected candidates take an oath as MLAs. Oath issimilar to affirm, declaration, or swear.

Poll Clerk: An election officer who works at a polling station withthe Deputy Returning Officer. Poll Clerks look afer thepolling record.

Polling record: A list of everyone who voted at a polling station,any changes to the voters list, and notes about everything thathappens during voting.

Polling station: The place we go to vote.

Pre-election expense: A campaign expense that the candidate paysfor during the pre-election period.

Pre-election period: Starts the day the Commissioner publiclyannounces the date of the next election; ends the day the CEOissues the writ.

Proxy vote: A voter gets another voter to vote for them. You applyto the Returning Officer to get a proxy certificate. You can

only vote by proxy if: 1) You are on the voters list; 2) Youresuddenly called away from your community; 3) You cant voteany other way.



RENU: An electronic voters list for Nunavut; stands for Register forElections in NUnavut.

Returning Officer (RO): The election officer in charge of aconstituency. ROs appoint Assistant Returning Officers,Deputy Returning Officers, Poll Clerks, and RegistrationClerks for each poll. ROs oversee everything about theelection in their constituency.

Special ballot: A way to vote by mail if youre away at school, onvacation, in hospital, at a treatment centre, or in jail. Othervoters can use a special ballot if they need or want to. Voters

must apply to Elections Nunavut to get a special ballot. Theyreceive a package, follow the directions, and mail the ballotback in a special envelope.

Stub: The numbered part of the ballot that stays with the book ofballots. When the DRO tears each ballot from the book, thestub stays in the book.

Swear: A formal, religious promise that something is true; apromise to do something; the most serious promise you

can make. If you break this promise its like breaking thelaw. A person gives their word and swears on the Bible thatsomething is true. Swear is similar to affirm, declaration, oroath.

Vote: Voters mark a secret ballot in a territorial election. Theychoose the candidate in their constituency that they want toelect as their Member of the Legislative Assembly (MLA).

Voters list: The list of voters that Elections Nunavut prepares

for each constituency. They send a copy to each candidatewhen the election period starts, and update it 20 days beforeElection Day.



Writ: The official notice to say there is an election. The ChiefElectoral Officer (CEO) sends it to each Returning Officer

(RO). Each RO posts the writ in their offi

ce.The return of the writ is the backside of the writ. It showswho won the election. The RO fills it out and sends it to theCEO afer Election Day. If a candidate wins by acclamationthe RO fills out the return of the writ right away.



Election Period Calendar

Important days What happens on that day?

35 days beforeElection Day

CEO issues the writ.

First day to file a declaration of candidacy.

Elections Nunavut sends the constituencysvoters list to each candidate, as soon asthey accept the declaration of candidacy.


Elections Nunavut keeps updating thevoters list.

Elections Nunavut sends a VoterInformation Card to every voter on thepreliminary list.

31 days before

Election Day

2 pm local time: Deadline to filedeclaration of candidacy. Must be completeand properly filled out.

5 pm local time: Deadline for candidates towithdraw declaration of candidacy.


Elections Nunavut sends the election noticeto the ROs and each candidate, unless acandidate wins by acclamation.


Last day people can object to a voter beingincluded on the voters list.

Elections Nunavut sends each candidatethe updated voters list, for theirconstituency.


First day voters can vote at the ROs office,12 - 7 pm.



Important days What happens on that day?


Mobile poll: 9 am to 11:30 am local time.

Advance vote: Noon to 7:00 pm local time.


First day a voter can get a proxy certificatefrom Elections Nunavut.


Last day voters can vote at the ROs office.12 - 7 pm.


RO sends each candidate a list of voters

that voted in the advance vote, mobile poll,and at the ROs office.

1 day beforeElection Day

No campaign ads or speeches: TV, radio,newspaper, Internet, candidates website.

Election Day

No campaign ads or speeches: TV, radio,newspaper, Internet, candidates website.

Polling stations open for voting.

3 pm local time: Deadline to apply for aproxy certificate.

5 pm Central time: Deadline for specialballots to reach Elections Nunavut inRankin Inlet - or they dont count.

As soon aspossible aferElection Day

RO sends CEO and each candidate a copyof the election report.

10 days aferElection Day

Deadline for candidates to remove allcampaign materials.

60 days aferElection Day

End of post-election period: Deadline forcandidates and financial agents to completeand file the campaign financial return.



1) The Financial Agent

What is the financial agents job?

A financial agent is the person that a candidate appoints to manageall the campaigns financial and reporting needs, under the NunavutElections Act. Each candidate MUST have a financial agent.

The financial agent signs the declaration of candidacy and swears tolook afer all the money maters for the campaign. You begin your

job as soon as you sign the declaration of candidacy, and acceptresponsibility under the Nunavut Elections Act.

All the money belongs to the campaign, not to the candidate or thefinancial agent. The financial agent is the ONLY person that acceptscampaign contributions, pays campaign expenses, and issues taxreceipts.

The financial agent has a very important job. Contact ElectionsNunavut for information, to help you do your job properly.

Participate in Elections Nunavut regular, toll-free teleconferencecalls during the election period.

Who can and cant be a financial agent?

A financial agent must be a Nunavut resident. Check with youremployer to see if they have rules or policies you must follow beforeyou take on the job of financial agent; or that might prevent youtaking on that job.

Many employers have rules or policies about how employeescan participate in political activities and election campaigns. TheGovernment of Nunavut does not allow employees to be a financialagent.



A financial agent cant be:

A candidate.

An election officer or someone that works for ElectionsNunavut.

A Government of Nunavut employee.

A business, unless its an accounting business in Nunavut.

Anyone else can be a financial agent, including one of thecandidates relatives.

What happens if a financial agent leaves theirjob?

If you leave your job for any reason the candidate MUST get anotherfinancial agent right away. The candidate must fill out the formAppoint a New Financial Agent and send it right away to the RO.

To leave your job, the candidate must revoke or cancel yourappointment as financial agent. Ask the candidate to put in writingthe reasons you lef your job, and include the date that your dutiesended.

If you leave your job, you must right away give everything related tothe job over to the new financial agent. This includes bank accountinformation, tax receipts, contributions, receipts for expenses, paidand unpaid bills - everything related to the campaigns finances; andany other campaign information you have.



2) Declaration of

Candidacy

What is the declaration of candidacy?

The declaration of candidacy is the form a person MUST fill out tosay they want to become a candidate, and to appoint their financialagent.

A person needs the following information to fill out the declarationof candidacy form:

The candidates full name and contact information.

The financial agents full name and contact information.

Candidates and financial agents signatures; voters to signand witness the signatures. The candidate and financialagent cant witness any signature.

Campaign managers name and contact information, if theyhave one.

The person becomes a candidate if Elections Nunavut accepts thedeclaration of candidacy; the person is not a candidate if ElectionsNunavut rejects it.

What information about the financial agent goeson the declaration of candidacy?

Each candidate MUST appoint a financial agent. The financialagents job starts as soon as you sign the declaration of candidacy.The declaration of candidacy includes the following informationabout the financial agent:

Full name.

Home address - mailing and street address.



Phone numbers at home and at work.

Fax number and email address if you have one.

If the financial agents contact information changes, right away givethe Returning Officer the new contact information.

What happens if the RO accepts a declaration ofcandidacy?

The Returning Officer accepts the declaration of candidacy if:

The person is clearly an eligible candidate.The person properly filled out the declaration of candidacy,

or has time before the deadline to correct or change it.

The person filed before the deadline.

The person paid the $200 deposit - with a money order,certified cheque, or a draf from the Northern Store or Co-op, payable to the Government of Nunavut.

When the Returning Officer accepts the declaration of candidacy,

they give the candidate a certificate to say they are a qualifiedcandidate. As soon as the person becomes a candidate the financialagent becomes responsible under the Nunavut Elections Act.

As soon as the Returning Officer accepts the declaration ofcandidacy the financial agent receives a package from ElectionsNunavut. The package contains:

Guide for Financial Agents, including copies of forms.

CD with forms you can fill out on the computer if you

want.Guide to the Nunavut Elections Act - a summary.

Nunavut Elections Act.

Sections of the Income Tax Act (Nunavut) that relate to taxreceipts.



Set up Campaign Account - a form to fill out, sign, and faxto the CEO afer you set up a campaign account at a local

bank, Co-op, or Northern Store.

Official tax receipts and the Record of Tax Receipts - a formthat you sign and swear that you received the numberedreceipts and will account for them.

Sign-off sheet saying you received the package.

When candidates and financial agents needinformation or help, who do they turn to?

Once you get the package, you deal only with Elections NunavutCEO office in Rankin Inlet for all campaign issues and questions.This includes all financial issues and questions. See contactinformation at the front of this Guide. And participate in ElectionsNunavut teleconference calls for financial agents.

You can expect only certain things from the Returning Officer inyour contituency, such as:

Notices.

Copies of the voters list for the constituency.

The list of voters who voted in the early polls.

The election report.



3) Money Matters

You need money to run an election campaign - to pay for thingssuch as brochures, butons, signs, ads on TV or radio, and travel todifferent communities in your constituency.

The financial agent manages all the campaign finances. They acceptall the contributions and pay all the expenses - NOT the candidate.All money related to the campaign belongs to the campaign - NOTto the candidate or the financial agent.

What is a campaign budget?

A campaign budget shows the total contributions you expectto receive and how you plan to spend the money. It includescontributions of goods and services.

A budget is very helpful. The candidate, financial agent, andcampaign manager work together to understand how much money

the campaign needs - to pay for campaign expenses. It helps thecampaign team set priorities and to not spend more money thanthey can raise through contributions.

To write up a budget you need to plan the campaign. As you planthe campaign you can identify what things cost money and howmuch they cost. For example:

Will the campaign distribute butons? How many?

Will the campaign put up signs or posters? What size?

How many?Will the campaign produce one or more brochures? Will

they be colour printed or black and white? How many?

Does the candidate need to travel to other communities? Ifyes, how ofen and for how long?

Will you have a campaign office? Will you pay someone torun the office?



What ads do you plan to have in the newspaper, and onradio and TV?

Will the campaign have a website? Who will set it up?

You will probably adjust the budget many times during thecampaign. You may receive more or less contributions than youexpected. Campaign expenses may be more or less than you firstcalculated.

Regularly talk to the candidate and campaign manager as you planand carry out the campaign.

What are the rules to open a campaign account?

The financial agent MUST set up a campaign account, right awayafer Elections Nunavut accepts the declaration of candidacy. Usea bank if your community has one; if your community has no bankyou can still set up an account at any bank in Nunavut or you canuse the Northern Store or Co-op.

When you go to set up the account, take or send a copy of the receiptthe candidate got when Elections Nunavut accepted the declarationof candidacy. It shows the candidates name and your name as thefinancial agent. Also take ID with your picture and signature.

Name the account (your name), Financial Agent for (candidatesname) Campaign (constituency, year). DO NOT put the account inthe candidates name.

Use the account ONLY for the campaign - to deposit all campaign

contributions and to pay all campaign expenses. Thefi

nancial agenthas the only signing authority for the account.

Right away afer you set up the account, fill out the ElectionsNunavut form Set up a Campaign Account and fax it to the CEO.This form is part of the financial agent package. Also see a sampleform in the final section of this Guide.



4) Campaign

Contributions

What is a campaign contribution?

A campaign contribution is money, goods, and / or services thatpeople donate to a campaign. Money contributions may be cashor a cheque. Goods and services contributions may include thingssuch as office space, airline tickets, services to design and print a

brochure, or food for a gathering.

Financial contributions can be named contributions or anonymouscontributions. Any contribution over $100 MUST be a namedcontribution - you must record the name and address of thecontributor.

Who can contribute to a candidates campaign?

These people can contribute money, goods, and / or services to acandidates campaign:

Individuals that live in Nunavut.

Companies that do business or work in Nunavut.

Groups or associations that operate in Nunavut. A groupor association must give you a list with the name and theamount each person contributed.

How and when can the campaign acceptcontributions?

The campaign can accept contributions, and people can contribute tothe campaign only under these conditions:

Only during the election period.



Only afer Elections Nunavut accepts the declaration ofcandidacy.

Only if people give the money to the financial agent.

The candidate can NOT directly accept contributions; the financialagent is the only person that can. The financial agent may alsoauthorize another person, in writing, to accept contributions.

The financial agent MUST deposit all money into the campaignaccount, including cash, before spending it.

What is the maximum amount people cancontribute?

Each person, business, or group can contribute a maximum of $2500,including money, goods, and / or services. If someone contributestransportation services, they can contribute more than the $2500maximum, as a goods and services contribution.

People may contribute a mixture of money, goods, and / or services;

they may contribute only money, or only goods, or only services.

What about anonymous contributions?

A person, business, or group can give up to $100 as an anonymouscontribution. If the campaign receives an anonymous contributionworth more than $100, the financial agent MUST give it back if theyknow who its from.

Otherwise the financial agent MUST give the money to the ChiefElectoral Officer and it becomes government money.



What is the maximum amount a campaign cancollect and spend?

The campaign can collect and spend up to a total of $30,000. Totalexpenses can be more than $30,000 only for:

Travel and living expenses.

Childcare expenses.

Expenses related to a candidates disability, if the ChiefElectoral Officer approves them in advance.

The $30,000 total includes pre-election and election expenses. Pre-

election expenses are campaign expenses the candidate paid forduring the pre-election period.

The pre-election period lasts from when the Commissioner publiclyannounces the date of the next election to when the Chief ElectoralOfficer issues the writ. The candidate must save all their receiptsfor pre-election expenses. The financial agent can reimburse thecandidate for any approved pre-election expense, ONLY IF thecandidate gives the financial agent acceptable receipts.

How much of their own money can the candidatecontribute to the campaign?

A candidate can contribute up to $30,000 of their own money themaximum amount a campaign can collect and spend. This includespre-election and election expenses.

The candidate gets an official receipt for the amount of money they

contribute, to a maximum of $2500, even if they actually contributemore than that amount.



5) Tax Receipts

What are tax receipts?

Tax receipts are the Elections Nunavut form that shows howmuch money a person, business, or group contributed to anelection campaign. The tax receipt shows the name and addressof the contributor and the exact amount of the contribution, to themaximum of $2500. Tax receipts are for money contributions - NOTfor goods and services contributions.

Tax receipts are very important. People can use them as a deductionwhen they fill out their income tax form.

Who signs and gives out tax receipts?

The financial agent is the only person who can sign and give out taxreceipts. You must follow the laws in the Income Tax Act (Nunavut)and the Nunavut Elections Act.

You must use the tax receipts from Elections Nunavut. When youget them you sign a form that shows the serial numbers. You swearthat you got the numbered tax receipts and that you will use themproperly. You return all tax receipts to Elections Nunavut andaccount for them as part of the campaign financial return.

Who gets a tax receipt?

The financial agent gives a tax receipt for each named financialcontribution. Each person, business, or group that contributes morethan $100 MUST give their name and address. You also give a taxreceipt to any contributor that contributes $100 or less ONLY IF theygive their name and address.


28/54



6) Campaign Expenses

What are the rules to pay campaign expenses?

The financial agent or someone they authorize in writing arethe only people who can sign for and pay campaign expenses.The financial agent must keep receipts for EVERYTHING. Youmust atach an original receipt for each and every expense to thecampaign financial return.

Candidates sometimes spend their own money to pay for approvedcampaign expenses. The financial agent can reimburse the candidatefor those expenses - but only afer they give you acceptable receipts.

What are examples of acceptable andunacceptable campaign expenses?

The Chief Electoral Officer and the Nunavut Elections Act have somecontrol over what campaign expenses are acceptable. If you arent

sure, call Elections Nunavut and read the Nunavut Elections Actbefore you spend the money.

Here are some examples of acceptable campaign expenses:

Rent, utilities, and supplies for the campaign office.

Wages to pay someone to run the office, or to hire acampaign manager or financial agent.

Campaign materials such as signs, posters, and butons.

Campaign ads for TV, radio, newspaper, and the internet.

Travel and accommodation within your constituency.

Childcare expenses connected with the campaign.

Expenses related to a candidates disability.

A meal and non-alcoholic drinks at a gathering of voters topromote the candidate.

A meal and non-alcoholic drinks for a candidate or their



representatives at the polling station on Election Day.

Gifs or prizes at a gathering of voters to promote the

candidate, if the total value of gifs and prizes is $500 orless.

Here are some examples of unacceptable or unlawful expenses:

Travel outside the constituency, unless the candidate mustdo that to reach a community inside the constituency.

Money, food, drink, gifs, prizes, or other valuablehand-outs you offer at a voters gathering to promotethe candidate, if the total value is more than $500. For

example, you cant off

er a truck or snowmobile.Money, food, drinks, gifs, prizes, or other hand-outs you

offer to bribe a voter to vote a certain way, or to not vote.For example, you can offer a glass of juice but not a case of

juice, and not wine or beer.

The $200 deposit the candidate made to file the declarationof candidacy.

What happens if there

s money left over at theend of the campaign?

If the campaign has money lef over, you have two choices:

1) Give it to a charitable organization. OR

2) Give it to the Government of Nunavut.

If you decide to give it to a charitable organization, contact LegalRegistries, Government of Nunavut. You need to make sure that the

group you choose is a registered society in good standing. You alsoneed to ask for a receipt, made out to Campaign of ________.

Neither the candidate nor the financial agent can benefit in any wayif you give the money to a charitable organization.



The financial return has a place to show what you decide to do withthe surplus. If you give it to a charitable organization you mustatach the receipt. If you decide to give it to the government youatach a cheque made out to Consolidated Revenue Fund Nunavutand send it to Elections Nunavut with the financial return.

What happens if there isnt enough money at theend of the campaign to pay all the bills?

If you need more money at the end of the campaign to pay electionexpenses, the financial agent can receive contributions up to the end

of the post election period - 60 days afer Election Day.

The financial agent records these with the contributions from theelection period. You can get an extra tax receipt book from the ChiefElectoral Officer if you need one.

A candidate is personally responsible for unpaid bills if theircampaign doesnt have enough money to pay the bills.



7) Keeping Records

during the CampaignThe financial agent must keep financial and other records during thecampaign. You must record certain information about contributionsand expenses. At the end of the campaign you use this informationto prepare the campaign financial return.

Set up the records and keep them in a way that helps you moreeasily prepare the financial return, afer the election. You are

responsible for accurate and complete records.

The Guide includes worksheets at the end of this section, to recordcontributions and expenses. You may find it helpful to use them tokeep financial records during the campaign. Make extra copies ofeach page if you need them.

What are the rules to record contributions?

The financial agent must keep a record of different categories ofcontributions:

Anonymous contributions.

Contributions from campaign gatherings.

Named contributions.

Contributions of goods and services.

Anonymous Contributions: The financial agent writes the name

anonymous and the exact amount of the contribution. Eachanonymous contribution MUST be $100 or less.

If you receive an anonymous contribution over $100 you mustreturn all of the contribution, if you know where it came from,or send it all to the CEO.

You record any anonymous contributions you returned or sent



to the CEO, and the amount, and note what action you took.

Named Contributions: The financial agent MUST write down thename and address of each person, business, or group thatcontributed more than $100. Write down the exact amountthey contributed and the number of the tax receipt you issuedfor the contribution.

Named contributions include any contribution of $100 or lessthat you issued a tax receipt for. For each of these write downthe contributors name and address, the exact amount, and thetax receipt number.

Goods and services contributions: If a person, business, or groupcontributes goods and services, not money, the financial agentuses the market value of the goods and services to measurethe contribution.

For example, an airline may provide one or more free ticketsfor the candidate to travel in the constituency during thecampaign. The financial agent must ask the airline the valueof the ticket, and record this as a contribution under goodsand services.

Or a supporter uses cash to buy something and donates it tothe campaign. The financial agent asks the supporter for thereceipt and records this as a contribution under goods andservices.

Or someone may donate office supplies or printing services.The financial agent must ask the contributors the valueof these goods and services, and record each of them as acontribution.

The financial agent records the name and address of the

person, business, or group that contributed the goods andservices, and the market value of the contribution. A person,business, or group does NOT get a tax receipt for contributingany goods and services.

This kind of contribution includes any goods and services that



a person, business, or group donates to a gathering.

People ofen do volunteer work for a candidates campaign.

The financial agent does NOT count volunteer labour as acontribution.

BUT - if a self-employed person does the kind of work for thecampaign that they usually get paid for, the financial agentmust count that as a goods and services contribution andrecord it.

For example a self-employed graphic designer does abrochure for the campaign, and does not get paid for it.The financial agent calculates the market value of the work,

and records the designers name and the market value as acontribution of goods and services.

Contributions from campaign gatherings: The financial agent orsomeone they appoint can collect money from people thatatend a meeting, dance, dinner, or other campaign gathering.

For each gathering the financial agent or someone theyappoint must fill out a form Report of Contributions from aCampaign Gathering.

The report records the following information:

The name and address of each person, business, or groupthat contributes over $100, and the exact amount of thecontribution.

The name and address of a person, business, or group thatcontributes $100 or less - if they want a tax receipt - and theexact amount of the contribution.

The exact amount of each anonymous contribution - $100

or less; and the total for the gathering. This amountbecomes a gathering contribution.



Any goods and services contribution that the sponsor ofthe gathering makes. For example, they may pay for food,tea and coffee, or music; they may donate a room for thegathering. The financial agent records the market valueof the sponsors goods and services contribution for thegathering.

A person, business, or group may contribute both money and goodsand services. The financial agent records them separately. The totalmust not be more than the maximum contribution - $2500.

What are the rules to record expenses?Keep the receipts for EVERYTHING. And pay all expenses witha cheque from the campaign account. The financial agent mustatach to the campaign financial return a receipt for each campaignexpense.

Record each campaign expense in one of the following categories:

Ads and signs. Includes butons and brochures.

Salaries and allowances.

Office rent and utilities. Includes heat, electricity, phone,fax, internet, and office supplies.

Travel. Includes expenses for the candidate to travel toother communities in the constituency.

Childcare and disability. Includes expenses related to acandidates disability and to childcare for the candidateschildren.

Other. Includes expenses that dont fit in any other

category.

When you record the expense write down the cheque number youused to pay the invoice or bill. Make sure you keep the invoice or

bill, and mark it paid.



The financial agent also records each goods and servicescontribution as an expense. You calculated the market value of thegoods and services when you recorded the contribution. You usethe exact same amount to record an expense.Heres an example. Someone made a contribution of office suppliesworth $550. The financial agent writes down the name of the personand their address, and records a $550 contribution of goods andservices. The financial agent also records a $550 expense for officesupplies.

Worksheets to record campaign expenses and

contributions

The next three pages in the Guide have worksheets you can use torecord expenses and contributions during the campaign.

Worksheet to Record Campaign Expenses.

Worksheet to Record Campaign Contributions - $$$$$.

Worksheet to Record Campaign Contributions - Goods andServices.

Make extra copies of the pages if you need them.

The worksheets have information you need to fill out the financialreturn. You dont have to use the worksheets. But if you use themduring the campaign it may be easier and faster to prepare thefinancial return afer Election Day.



Worksheetto

RecordCampaignEx

penses

Petty cash used

Cheque #

Amountofeachexpense

Other

Childcare &disability

Travel

Office rent &utilities

Salaries &allowances

Ads & Signs

Invoice or ReceiptNumber

Supplier

NameandAddress



WorksheettoRecord

CampaignContributions-$$$$$$

Amount

Anonymous

over

$100

toCEO

Amount:

Anonymous

or

Gathering

Tax

Re

ceipt

#N

amed

Cont

ributor

Amount:

Named

Contributor

Contributor

snameandaddress

Write

anonymous

orgatheringw

hereapplic

able.


39/54



8) Campaign Financial

Return

What is the financial return?

The financial return is the official record of campaign contributionsand expenses. The financial agent prepares the financial return onthe proper form; the candidate sends it to the CEO. The financialagent and the candidate both sign it and take an oath to declare thatit is complete and accurate.

The financial agent MUST complete the long form of the financialreturn if the campaign had ANY contributions or expenses. Thefinancial agent completes the short form if the campaign had NOcontributions and NO expenses. See a copy of each form in the lastsection of this Guide.

The financial agent can complete a paper or electronic version of thecampaign financial return. If you fill out the electronic version, you

must print and sign it, and send that copy to Elections Nunavut.You can NOT send an electronic version.

The CEO has an auditor review each financial return. The CEOpublishes a summary of each financial return in a newspaper in yourconstituency. Its a public document.

What documents are part of the financial return?

When you send in the long form of the financial return you mustinclude:

Part A: Summary of campaign contributions and expenses,and signed declarations from the financial agent and thecandidate.

Part B: Details of contributions and expenses. Includeinformation about unpaid expenses why you didnt pay



them, if you plan to and when.

Original receipts for each and every expense, including

unpaid expenses.Printed statement of the campaign account, from the bank or

other place that holds the account.

Approvals you got from the CEO for expenses over $30,000 for travel, childcare, and expenses related to the candidatesdisability.

All tax receipts: unused or voided receipts, CEO copy ofissued receipts. Include ALL tax receipts listed on the Recordof Tax Receipts that you signed when you first got the receipts.

What is the deadline for the campaign financialreturn?

The candidate MUST send the financial return to the Chief ElectoralOfficer before the end of the post election period - 60 days aferElection Day. The candidate gets their $200 deposit back if they filethe return on time.

If the candidate won the election, its important for the financialagent to prepare the financial return right away. The candidate cannot sit in the Legislative Assembly until Elections Nunavut receivesand reviews the financial return.



What happens if the campaign financial returnisnt done on time?

The financial agent or candidate can apply to the Chief ElectoralOfficer to extend the deadline for the financial return. You musthave a good reason and do this in writing before the end of the postelection period - 60 days afer Election Day. The CEO decides if youget an extension or not, and if you do how long it is.

If the campaign financial return is late and you dont have anextension:

The candidate cant sit in the Nunavut LegislativeAssembly.

The candidate does NOT get the $200 deposit back.

Neither the candidate nor the financial agent can be acandidate in a territorial election for five years.



9) Breaking Nunavut

Elections ActlawsThe Nunavut Elections Act is like any other law. If you break the lawyou can be charged with a crime and punished.

What are the main types of election crime?

There are many ways to break the law for each type of crime - seesome examples in the table below. Read the Nunavut Elections Actand make sure you follow the law.

Type of crime Example 1 Example 2

Vote improperly.You vote and youarent eligible to vote.

You vote in the wrongconstituency.

Influence votersimproperly.

You bribe a voter with

money, liquor, food, ajob, or other things.

You threaten a voter to

make them vote (or notvote) for someone.

Use informationimproperly.

You use the voters listfor something besidesthe election.

You do not identify thecampaign on ads or

butons.

Tell lies or cheat.Youre a candidate orfinancial agent andyou arent eligible.

Youre a candidatein more than oneconstituency.

Use moneyimproperly.

Your campaignexpenses are morethan $30,000.

A candidate usescampaign money forpersonal expenses.



If someone is charged and convicted, how arethey punished?

If you break the law and youre charged and convicted, you will:

Pay a fine not more than $5000. OR

Go to jail for not more than one year. OR

Pay a fine and go to jail.

Also, for five years you cant:

Be elected to the Legislative Assembly.

Sit as a member of the Legislative Assembly.

Have a job appointed by the Commissioner, a Minister orofficial of the Government of Nunavut, or the LegislativeAssembly.

A judge can also tell you to do things such as:

Publish the facts about your crime.

Pay the people you hurt because of your crime.

Do some community service.

Who can complain about a possible election crime?

Any person who believes someone broke the law in the NunavutElections Act can complain. They must go to the police, NOT toElections Nunavut or the Chief Electoral Officer.

Its the same as making a complaint about someone who breaksany other law - people go to the police if someone breaks into theirhouse, steals their truck, or beats up their friend.

They need to go to the police within 90 days of when they knowsomeone broke the law, and put their complaint in writing.



Who investigates a complaint?

The police investigate. Theyll tell you if theyre investigating you,unless they think it will hurt their investigation.

The police have the same power and responsibility to enforce theNunavut Elections Act as other Nunavut and Canadian laws.

The police work with the Chief Electoral Officer and the IntegrityCommissioner to solve the problem.

The Integrity Commissioner is an officer of the Legislative Assembly

and oversees the Integrity Act. The purpose of this Act is to helpmake sure Members of the Legislative Assembly are honest, reliable,and honourable.

The Commissioner of Nunavut appoints the Integrity Commissioner.The Members of the Legislative Assembly recommend who theCommissioner should appoint.

Whats a compliance agreement?

A compliance agreement is a contract between the IntegrityCommissioner and someone who probably broke the law. Its anoption any time before a person gets convicted of a crime.

The Integrity Commissioner decides whether or not to negotiatea compliance agreement. They consider these things before theydecide to negotiate:

The kind of crime and how bad it is.

The punishment for doing the crime.The public interest.

The interests of justice.

Other factors they consider relevant.


46/54


47/54


48/54



are related to travel, childcare, or the candidatesdisabilities and you get the CEOs approval in

advance and in writing.Reimburse the candidate for approved campaign

expenses, ONLY IF they have acceptable receipts.Campaign expenses includes pre-election expenses.

Vote on Election Day or at the advance vote.

After Election Day

Decide with the candidate what to do with le

f

overcampaign money, if you have extra money afer youpay all campaign expenses.

Accept contributions during the post election periodonly if the campaign ran out of money and you haveunpaid election expenses.

Complete the financial return and send it to the CEObefore the end of the post election period - 60 days

af

er Election Day. When you send in thefi

nancialreturn you must include:

Part A: Summary of campaign contributionsand expenses, and signed declarations from thefinancial agent and the candidate.

Part B: Details of contributions and expenses.Include information about unpaid expenses why you didnt pay them, if you plan to andwhen.

Original receipts for each and every expense,including unpaid expenses.



Printed statement of the campaign account, fromthe bank or other place that holds the account.

Approvals you got from the CEO for expensesover $30,000 for travel, childcare, and expensesrelated to the candidates disability.

All tax receipts: used, unused, or voided receipts,CEO copy of issued receipts. Account for ALLtax receipts listed on the Record of Tax Receiptsthat you signed when you first got the receipts.

Apply to the CEO to extend the deadline for the

financial return, if needed. The CEO approves theextension ONLY IF you have a very good reason.Apply in writing before the end of the post electionperiod.

If you do not file the financial return on time ANDyou do not have an approved extention - you and thecandidate CAN NOT be a candidate for five years.

Ask Elections Nunavut for an extra tax receipt book,

if you need one.



Financial Agent Teleconferences

Toll-free number: 1.866.210.4702. Enter: 1102497077 #

Time: 9 am Mountain; 10 am Central; 11 am Eastern

Each call lasts about 40 minutes.

Have your Financial Agent Guide at hand during each call. It hascopies of all the forms you need.

Schedule Topics What you need

28 daysbeforeElection Day

Overview of thefinancial agents job.

Seting up acampaign account.

Tax receipts.

FA Guide.

Form: Set upCampaign Account.

Form: Record of TaxReceipts.

21 daysbefore

Election Day

Keeping campaignrecords.

Campaign expensesand contributions.

When to give taxreceipts; when NOTto give tax receipts.

Worksheets to keepcampaign records.

Form: tax receipts.

Financial agentchecklist.

14 daysbeforeElection Day

Issues and questions.Financial agent

checklist.

7 days afer

Election Day

Campaign financialreturn - deadlinesand consequences.

Form: consent formfor candidate reps.

Form: campaign

financial return.


52/54


53/54


54/54

Notice to Voters

Ways to Vote

By-Election Monday, Sept. 12, 2011

Special mail-inballot

Apply to Elections Nunavut.

Right away after August 8.

ReturningOfficers Office

Voting: Noon to 7 pm.Mon. Aug. 29 to Thur. Sept. 8.

Mobile Poll

Call early to arrange to vote at home.Voting: Mon. Sept. 5 - 9 to 11:30am.

Election Day

Polling Station

Monday Sept. 12.Voting: 10am to 8pm

Documents

A Guide for Financial Agents To elect Members of the Nunavut Legislative Assembly