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Notes for an Address by the Honourable Robert Nicholson
Leader of the Government in the House of Commons and Minister for Democratic Reform

On the second reading of Bill C-31 on the Integrity of the Elections Process

November 7, 2006
Check Against Delivery

• Mr. Speaker, I am very pleased to begin debate in second reading on Bill C-31.

• This bill is aimed at improving the integrity of the electoral process and reducing the opportunity for electoral fraud.

• Together with the measures proposed in the Federal Accountability Act, this bill will help to maintain the confidence of Canadians in their democratic process.

• Many honourable members will already be familiar with much of what is in the bill.

• This is because it implements recommendations from an all-party report of the Standing Committee on Procedure and House Affairs, tabled in this place in June.

• In formulating its recommendations, the Committee had the benefit of testimony from:

• the Chief Electoral Officer,
• the Privacy Commissioner, and
• representatives from the four political parties in the House.

• Of course, the Committee also had the expertise of its members --

• We have all been through the election process and are well aware that there is always room to improve the process by which we come to this place.

• The Committee’s practical recommendations will enhance the process for all parties and all Canadians.

• The Government has listened carefully to the Committee. We have tabled a comprehensive response to the Report.

• But in addition to that, we are taking concrete action with Bill C-31.

• As you can see, Mr. Speaker, Bill C-31 makes a host of improvements to our democratic machinery.

• And I would like to take this opportunity to highlight some of the measures in the bill.

• Foremost, Bill C-31 establishes a uniform procedure for voter identification at the polls.

• Currently, there is no automatic requirement to provide identification in order to vote.

• While all members are likely well-aware of this, I believe many Canadians would be surprised to learn that a fundamentally important activity, such as voting, does not require any identification.

• Under the Act, a voter need only state his or her name and address before being given a ballot.

• In practice, voters may often just present a voter information card. However, these cards are sent to individuals to notify them of their polling station and are not intended to be used as identification.

• Indeed, the Committee heard evidence of bundles of these cards being left in the lobbies of apartment buildings or otherwise being open to abuse.

• Under the Canada Elections Act now, a poll clerk, deputy returning officer, candidate or candidate’s representative may request identification only where there is a doubt about a person’s identity.

• However, this right to challenge is often implemented unevenly across the tens of thousands of polling stations in the country.

• Some polling officials may be reluctant to demand ID when it is not legally required.

• Some candidates may over-use their right to challenge.

• In the meantime, voters are required to carry ID in case the right is invoked.

• By introducing a voter identification requirement, this bill will address these issues by:

• Providing consistency and clarity;

• Reducing the opportunity for electoral fraud; and

• Signalling the importance of exercising the right to vote to Canadians.

• The bill will also bring Canada in line with the system in Quebec, a number of Canadian municipalities, and many other democracies (including the vast majority of American states, France, Germany, Mexico, Northern Ireland, and many developing democracies).

• These jurisdictions take a variety of approaches, including the development of a unique voter ID card or exclusive photo ID requirements.

• The voter ID process in our bill was carefully crafted by the Standing Committee to provide a balance appropriate to our Canadian system and consistent our values.

• This balance is struck between protecting the integrity of the process and ensuring no one is disentitled from voting due to a lack of ID.

• Most voters who have photo ID with name and address, such as a driver’s licence, can show that in order to vote.

• Alternatively, a voter without such ID can show two other pieces of acceptable ID establishing name and address.

• The bill requires the Chief Electoral Officer to publish the type of ID that will be accepted so that all voters will know what to bring to vote.

• We encourage and trust the CEO will take the necessary public education initiatives to ensure voters are aware of these requirements.

• Mr. Speaker, let me be absolutely clear that voters who may not have acceptable ID will still be able to vote under the bill.

• These voters will need to take an oath or affirmation as to their identity and have another elector vouch for him or her.

• This also reflects a balance - providing reliable procedures to protect the integrity of the vote, while maintaining the accessibility of the franchise.

• We, like all parties in the House and on the Committee, want all qualified voters to be able to vote. And under this bill, they will be able to.

• The voter identification process will go a significant way to reduce the opportunity for electoral fraud.

• In addition, we will tighten up the vouching system - both for registration at the polls without ID and for voting at the polls without ID.

• People that vouch for those without ID will not be able to vouch for more than one elector, as is currently the case for registration.

• And someone that is vouched for because they do not have ID will not be able to vouch for another person seeking to be registered or to vote without their own ID.

• The date of birth of electors - something already contained in the National Register - will be added to the lists of electors used at the polls.

• And, as also recommended by the Committee, we will require a written affidavit to be signed by an elector where reasonable doubts are raised as to his or her qualifications to vote.

• For example, together, these measures will assist where someone presents themselves at the polls and does not appear to be of voting age.

• Their ID may indicate their date of birth and establish their entitlement to vote.

• It can also be used to confirm their identity if it matches their name and date of birth on the list of electors. This is especially helpful if there are two names that are very similar.

• Or, if the ID does not indicate date of birth, but the person’s ID establishes their identity, then they can be allowed to vote after signing the affidavit.

• If it is subsequently discovered that they were not qualified to vote by being 18 years old, then there will be a record of the event.

• This reform remedies a clear gap in the current legislation for situations where someone’s qualifications to vote are in doubt.

• In addition, Mr. Speaker, the Government supported in its response to the Committee, a number of recommendations that were not statutory in nature to deal with potential electoral fraud.

• And we look forward to working with the Committee and the Chief Electoral Officer to ensure such measures are pursued.

• At this point I would underscore that we must be vigilant to ensure our electoral system is sound and functions with integrity.

• While the incidence of electoral fraud is difficult to pin down precisely, it is clear that it has occurred.

• There have been well-publicized instances of non-citizens having voted, people voting twice or the clear potential for individuals presenting themselves at the polls as someone else - such as by using a voter information card that has been discarded.

• Such examples can erode public confidence in the democratic process, affect the results of a close election, and create real harm to the integrity of our system.

• That is why this Government is taking action to implement the parliamentary committee’s recommendations.

• Protecting the integrity of the electoral process, of course, means more than just reducing the opportunity for defrauding the system.

• It also means improving how the system operates. A well-functioning electoral system will go a long way to reinforcing public confidence in the electoral process.

• There are four main areas of operational improvement that I would like to outline briefly.

1. Improving the Accuracy of the National Register

• First, the bill will implement measures for improving the accuracy of the National Register of Electors.

• Errors in the Register have the potential to harm the integrity of the electoral process because it is meant to indicate who has a right to vote.

• For example, the Committee heard evidence of the list of electors including multiple entries for a single elector, electors registered at business addresses, and even dead people on the list.

• The bill will make important changes to the way the information on the National Register of Electors is updated to improve its accuracy.

• The bill will permit tax filers to be asked their citizenship so that only the information of qualified electors will be sent to Elections Canada, if voters consent to the sharing of that information.

• Canada Revenue Agency will be able to share information on deceased tax filers with Elections Canada so that deceased electors can be removed from the Register in a timely fashion.

• Returning officers will be expressly authorized to conduct updating initiatives in relation to the Register. This will enable, for instance, targeted updating in areas of high mobility or new development.

• And, the authority of the CEO to collect, retain, and share identifying information for the purpose of updating the Register will be clarified.

2. Facilitating the Right to Vote

• Second, the bill will make reforms to avoid some electors from being discouraged from voting due to operational hurdles.

• For example, no longer will voters with a physical disability be required to request a transfer to a polling station with level access three days in advance.

• This time limitation is impractical for voters that may not realize their polling station is inaccessible until they arrive on polling day.

• Similarly, electors that have their polling station reassigned will now be able to vote at their original polling station.

• This avoids inconveniencing or discouraging voters because of an administrative change.

• The bill also opens the accessibility of advance polls.

• In the Act now, advance polls must group two or more polling divisions.

• In large areas of sparse population, this could require an elector to travel significant distances in order to vote.

3. Improving communication with Canadians

• Third, the bill will improve the way candidates and elections officials communicate with Canadians.

• The way the Canada Elections Act is currently worded, candidates have access to apartment buildings to campaign, but not to gated communities – access to which is also controlled by someone other than the residents.

• The bill will clarify the wording in the Act so that candidates may access such communities in order to canvass at homes in the communities.

• Individual Canadians themselves should be able to decide whether they want to speak to candidates seeking public office on their behalf.

• Similarly, the bill will clarify the ability of elections officials to access apartment buildings and gated communities for the purpose of updating the Register and lists of electors.

• And candidates will have clear access to public areas for informing voters about their campaigns.

• These changes in the bill, in addition to improvements to the way the voters’ lists are distributed, will enable better communication with Canadians during an election campaign.

4. Other Operational and Technical Improvements

• Lastly, the bill will make other improvements to ensure the electoral process runs smoothly and efficiently.

• For example, drafting errors in the Act will be corrected and timelines for the production of the annual list of electors will be extended.

• Like all of the changes I have already discussed, these reforms were recommended by the Committee, often based on the suggestions and experience of the Chief Electoral Officer.

• Like all of the changes already discussed, these reforms will improve the integrity of our electoral system.

• Before closing, Mr. Speaker, I wish to thank the Committee for its important work.

• Canada has a great democracy. But it must evolve and adapt to the times.

• Even the smallest technical change can help the way ordinary Canadians exercise their right to vote.

• This bill, based on the Committee’s recommendations, makes these operational improvements and does more.

• It ensures that all Canadians can exercise their vote, while improving the integrity of the voting system.

• This bill will benefit all Canadians and all parties, and I urge all Members to support its speedy passage.

• Thank you, Mr. Speaker.