OLDS — The fact that two byelection candidates missed deadlines to file financial disclosure documents and that Coun. Mitch Thomson could lose his seat as a result is unprecedented in the town, according to town legislative clerk Marcie McKinnon.
“I don’t believe this situation has come up before,” McKinnon wrote in an email.
She noted that up until Dec. 31, 2018, candidates in municipal elections who funded their campaigns by themselves and didn’t exceed the $10,000 limit didn’t have to complete a campaign disclosure document.
However, that changed when the legislation was revised.
“Effective January 1, 2019, all candidates in a municipal general election or byelection must submit (a) campaign disclosure statement (Form 26) to the municipality in the prescribed time frame,” McKinnon wrote.
Seven candidates ran in a byelection held earlier this year on Jan. 20 to fill a seat that became vacant when former councillor Wade Bearchell resigned last fall.
Five candidates completed their forms by the deadline.
But two — Coun. Thomson, who won the byelection — and Darcy Dobush did not.
Dobush could not be reached for comment by press time.
Thomson missed both a 120-day and a 150-day deadline to file those documents.
Council was told that by not filing in time, he could in a worst-case scenario be forced to resign his seat.
However, Thomson told councillors that he paid one fine he owed the Town as soon as he learned about the problem earlier this month.
He told The Albertan he planned to discuss his situation with a lawyer to determine his next steps.
A report on the matter was read into the record during council’s July 13 meeting, then made public, and sent to the Alberta Election Commissioner in accordance with provincial legislation.
Under section 147.4(1) of the Local Authorities Election Act (LAEA), all candidates are required to file campaign disclosure statements within 120 days after the byelection.
Under legislation, a candidate who does not file a financial disclosure statement within 120 days (June 18, 2020) after the date of the byelection must pay a $500 late filing fine.
According to the LAEA, a candidate who does not file a campaign disclosure document within 150 days of the byelection could also be required to pay a fine of up to $5,000.
Candidates are required to file a nomination paper and candidates’ acceptance form, which includes swearing that they have read election finance and contribution disclosure rules and that they understand them.
After the 150-day period expired, on July 3, Dobush and Thomson were each sent a notice by registered mail about the fact they missed those deadlines. Tracking indicates each package was delivered by July 7.
Candidates have 60 days from the date the report to council was made public to apply to the Court of Queen's Bench for “relief.”
Also, once the report has been heard by council, a candidate who has been ordered by the court to file a campaign financial disclosure statement is disqualified from being nominated for election “for the applicable period of time prescribed in that section.”
According to the Municipal Government Act, if that candidate is currently serving on council, as Thomson currently is, the councillor is “disqualified from council and must resign immediately,” the report said.
Thomson told council that after the byelection was announced last fall, on Nov. 4, 2019, he downloaded a file from the town website called Running For Municipal Office in Alberta, A Candidate’s Guide.
“I followed it to the T and it clearly stated that if my personal campaign was under $10,000 and self-funded, I did not need to complete the declaration,” he said.
Unfortunately, Thomson said he didn’t realize that document contained election information from 2017 and that the applicable act had been revised in 2018.
“Now that is a gross error on my part, because the act did change in 2018 and I did not notice it,” Thomson said.
“So upon realizing the mistake and having it brought to my attention, I have completed the declaration, I have paid the fine and at this point, I am seeking clarity as well on the Elections Act.
“If indeed I am no longer eligible to be a councillor and no longer eligible to run in the next election, I will resign immediately.”
However, Thomson said he intends to remain on council if the Queen’s Bench judge allows him to.
“I do have 60 days to apply through the Court of Queen’s Bench. But again, I recognize I’m standing on soft ground, shaky ground, and do not mean to cause concern in this space,” he said.
A couple of councillors noted that they too had to follow the rules according to the act and indicated the onus is on candidates to make sure they read the form carefully and understand all of the rules before signing the form.
Coun. Mary Anne Overwater expressed concern that due to the COVID-19 pandemic, a Court of Queen’s Bench ruling might not come down for 120 days, let alone 60.
“That’s the court’s prerogative. We can’t change that, unfortunately,” she was told.
Town chief administrative officer Michael Merritt was asked what would happen if Thomson is required to resign, and whether the candidate who finished second in the byelection would take his seat.
By email, Merritt said that would not happen. He added a byelection could be called, but the next municipal election is scheduled for the fall of 2021 anyway.
"Council may call a byelection if they desire, however, (with) 18 months before a general election and (when) there is only one vacancy, they do not have to," reads the email.
Merritt could not confirm whether the town's website contained the 2017 information as Thomson alleged.
“We have no way to know what information Mr. Thomson may be referring to,” the email said.
