Rules

From the ONDP web site-clicking on the Leadership update icon

Candidate Registration Forms

All of the forms required to register as a candidate for the upcoming Ontario NDP Leadership are now available at the Party Provincial Office.

Please call our office at 1-866-390-6637 (ONDP) or at (416) 591-8637

Or visit our offices at 101 Richmond Street East, Toronto, ON M5C 1N9

THE NEW DEMOCRATIC PARTY OF ONTARIO

RULES FOR ONE-MEMBER-ONE-VOTE

LEADERSHIP CAMPAIGN

1. CHIEF ELECTORAL OFFICER

a) A Chief Electoral Officer (CEO), to oversee the leadership contest, will be appointed by the Provincial Executive of the new Democratic Party of Ontario (ONDP). The CEO will use the regulations in the Ontario Elections Act and Election Finances Act as guidelines for areas not outlined in this document.

b) Staffing support for the CEO will be provided by Provincial Office.

c) The CEO will set any rules and regulations not outlined in this document.

d) The CEO will interpret the rules and provide directions for the campaigns. Decisions of the CEO may be appealed to the Administrative Committee of the ONDP for final ruling.

e) The CEO will meet at an early date with the campaign manager or an alternate of each registered Candidate to discuss logistical, cost and other details for the leadership campaign. Travel costs for this meeting will be covered by the Party and shall not be considered an election expense

f) Violation of the Leadership Rules may result in sanctions up to and including fines and/or disqualification of the offending candidate.

g) The CEO will report on the leadership campaign and the application of the rules and regulations.

2. CAMPAIGN PERIOD

a) For the purposes of reporting expenses and accepting contributions, the period of time commencing on the date set out in Appendix A and terminating at the announcement of a winning Candidate for the position of Leader of the ONDP shall be deemed the campaign period.

b) Additional contributions to cope with any deficits may be accepted during the 6 months following the vote.

3. DEFINITION OF REGISTERED CANDIDATE FOR NOMINATION BALLOTS

a) A registered Candidate is any member of the Party in good standing who demonstrates a genuine interest in seeking the leadership and serving as the Leader and pays the required registration fee and deposit, and files registration papers with the CEO which have been duly signed by one hundred (100) members of the ONDP in good standing at the time of the papers being filed, including a minimum of twenty (20) members from each of any four regions, of the six regions defined in Appendix A of the ONDP Constitution.

b) The form for the signatures will have an indication of the gender of the person. At least fifty percent (50%) of the required nomination signatures must be female. The Party shall release the statistics for each Candidate indicating the gender for all the signatures nominating each Candidate.

c) A registered Candidate must appoint a CFO and an auditor and notify the CEO of the name, mailing address, phone numbers, fax number and email address of the CFO at the time of registration.

d) Registration papers will be provided upon request by the CEO of the ONDP. Immediately after the CEO has found the registration papers to be in order, the registered Candidate will be provided with nomination papers and will be eligible for the services provided by the Provincial Party. The decision to register or not to register a Candidate lies with the CEO. This decision may be appealed to the Administrative Committee of the ONDP.

e) The deadline for registration for Candidates to appear on the ballot contained in the Ballot Package Mailing is set out in Appendix A. Candidates must be registered to be included in Party leadership forums, and to ensure inclusion in the Information Package Mailing.

f) A non-refundable registration fee for all candidates, and a refundable deposit are set out in Appendix B.

g) The leadership candidate shall comply with all of the rules and regulations prescribed by the CEO and the Ontario Elections Act and Ontario Elections Finance Act.

4. SPENDING LIMIT

The spending limit for all candidates is set out in Appendix B

5. DEFINITION OF ELECTION EXPENSE

a) Election expense means any expense incurred by a leadership Candidate in respect of the conduct or management of the leadership Candidate's campaign, including amounts paid, liabilities incurred, the commercial value of goods and services donated or provided, other than volunteer labour.

b) Election expenses shall be deemed to include the value of any goods and services, which have been used in whole or in part during the leadership campaign. Paid staff services shall be included in election expenses. Volunteer labour, as defined under the Election Finances Act, shall not be included in election expenses.

c) Election expenses must not be incurred until the leadership candidate’s registration papers are in order with both Elections Ontario and the Ontario NDP, and the CEO advises the candidate of such.

d) Surpluses, if any, will be transferred to the Provincial Party. Candidates will be responsible for any debts they incur as a result of the leadership contest.

6. NON ELECTION EXPENSES

The following shall be reported by the candidate’s campaign but will be exempt from campaign spending limits:

a) Any sums paid as replacement salary for the Candidate;

b) Any expenditure made toward the childcare or dependent care costs for which the Candidate or campaign team is normally responsible;

c) Additional accommodation (e.g. attendant) costs due to disability.

d) Audit fees.

7. DONATIONS TO LEADERSHIP CANDIDATES

a) Eligible donors are those specified in the Election Finances Act. Anonymous contributions received by a leadership campaign may not be used, but must be turned over to the CEO in accordance with the Election Finances Act.

b) Goods and Services from a single source in excess of $100 contributed to a leadership campaign are considered a contribution under the Election Finances Act.

c) All contributions must meet the ONDP criteria on donations, and will be governed by the regulations and limits set out in Appendix B.

8. CHIEF FINANCIAL OFFICER (CFO)

a) The Candidate’s CFO must be a member in good standing of the Party.

b) The CFO or the designated representative will be the Candidate's primary contact for communication with the CEO.

3.

The CFO will be responsible for ensuring that the rules set out in this document are followed.

d) The CFO will be responsible for ensuring that all provisions set out in the Elections Finances Act are followed.

9. FINANCIAL REPORTING

a) The Candidate's CFO will be responsible for keeping a record of all contributions of money, goods and services and recording all expenditures in accordance with the guidelines set out. All election expenses and non-election expenses must be reported.

b) All donations must be sourced. The CFO shall record the names, addresses and donations of all contributors.

c) An interim statement of donations and expenditures must be filed by the date set out in Appendix A.

d) The CFO must submit a final statement to the CEO within 6 months of the vote. Upon approval of this statement, the CEO will authorize a refund of the deposit, as set out in Appendix B. Any fines incurred by a candidate’s campaign may be deducted from this deposit.

10. REGISTERED CANDIDATES SHALL BE ENTITLED TO THE FOLLOWING

a) The Provincial Party will mail pre printed material provided by all registered Candidates once only to every member of the ONDP. The schedule, and size and weight of material to be determined by the CEO. The Provincial Party will also provide candidate information in a standard format on its website.

b) The Provincial Party will provide access to the list of, all members in good standing of the Party, Presidents and Secretaries of Riding Associations, officers of affiliated union locals, members who have lapsed during the previous year.

These lists will be provided to registered Candidates as soon as possible following their registration, and at the membership cut-off point for the nominating ballot. Candidates will be required to sign the “use of membership list consent form”. Unauthorized use of any membership list by a campaign may result in the disqualification of the campaign’s candidate.

c) Ridings and affiliated organizations are expected to provide equal opportunity as much as possible to all Candidates to speak to and meet members of the Party.

d) A Leadership All Candidates Tour will take place throughout the province. The Provincial Party will be responsible for the cost of meeting rooms, and where necessary, furniture and equipment. The Provincial Party will be responsible for advertising the tour to members.

e) Leadership Candidates will be responsible for their own travel, accommodation, food and incidentals and these will be included in the spending limits

f) It is not an acceptable practice to use services or privileges provided to publicly elected officials to further the candidacy of a leadership Candidate. These services must not be used for communicating with delegates or Party members in any organized fashion. Staff may only work on leadership campaigns in "off hours" and away from public offices and not use any facilities or services afforded by government bodies whether it be federal, provincial, territorial or municipal. The CEO shall determine the application of this provision.

g) For Candidates with disabilities, the Party shall make reasonable accommodation to eliminate the barriers faced. Such support - financial or otherwise - shall not be deemed an election expense.

h) Where the CEO finds a Candidate or a person working on behalf of a Candidate has paid any membership fees for Party members associated with the leadership process, that Candidate may be disqualified. This disqualification shall be subject to appeal by the Candidate to the Administrative Committee of the ONDP.

11. MEMBERSHIP

1.

The cut-off period for new memberships is set out in Appendix A. All memberships valid on the cut-off date will receive a ballot irrespective of expiry date of membership.

12. LEADERSHIP SELECTION VOTING PROCEDURE

a) Every member of the ONDP, in good standing on the cut-off date set out in Appendix A is entitled to cast a vote for the election of Leader.

b) The ballots cast by Party members shall be weighted to a total of 75% of the votes counted, and the balance, 25% of the votes counted, shall be allocated among the affiliated members.

c) The Leader will be chosen by secret ballot. Candidates for the leadership with the fewest number of weighted votes will drop off the ballot in subsequent rounds until one candidate receives a majority of the total weighted votes cast in that round.

d) A recommendation on the method(s) of voting will be brought to Provincial Council for approval.

Affiliate Vote

a) The affiliate vote represents the organizational partnership of the ONDP and its affiliated members, which are currently primarily labour unions. The affiliate vote will be weighted to represent 25% of the total vote.

b) Eligible affiliated bodies will elect members to vote on their behalf. All persons casting affiliate votes must be members in good standing of the ONDP on the date set out in Appendix A. Eligibility to participate will be determined on the basis of paid-up affiliated membership as of the date set out in Appendix A. Notification of eligibility will be sent directly to each affiliated local by a date set out in Appendix A.

c) Each affiliated organization is entitled to voting representation according to the numbers of its members for which it pays affiliation fees, namely two votes for the first 100 members or any portion thereof, and one additional vote for each additional 300 members or major fraction thereof. Individuals casting such votes shall be members of the affiliated organizations or the parent organization to which the affiliated organization belongs.

d) Central labour bodies, specifically affiliated local Labour Councils, union councils, and the Ontario Federation of Labour, shall be entitled to voting representation as follows: one vote each from such central local body and two votes from the Ontario Federation of Labour.

e) Each affiliated body must submit a list of the individuals who are designated to vote on their behalf prior to the ballots be distributed. the date of which is outlined in Appendix A

f) A recommendation on the method(s) of voting for affiliates will be brought to Provincial Council for approval. Persons voting on behalf of an affiliated organization may not in addition cast a ballot as an individual member. No person may vote twice.

g) All affiliate ballots will be counted together and the appropriate percentage assigned to each Candidate for the total vote.

Draft

APPENDIX A

Important Dates and Deadlines

The following are key dates for the Leadership Race and Voting Day:

*

Date of commencement of the Leadership campaign period.

Tuesday, July 15, 2008

*

The deadline for registration for Candidates to appear on the ballot.

Wednesday, December 31, 2008

*

Deadline for registration for Candidates to ensure inclusion in all the Party leadership forums and in the Information Package mailing.

Tuesday, September 30, 2008

*

Dates for the Council decision on method(s) of voting.

October 25/26, 2008

*

Cut-off date for memberships.

New or renewed memberships must be received (not postmarked) at Provincial Office by 5:00 pm. Monday, January 5, 2009.

3.04 (2) An individual member in good standing at the end of any calendar year retains all rights and privileges of membership until March 31 in the next year ….. ONDP Constitution

*

Cut-off date for affiliations (received at Provincial Office).

Wednesday, December 31 -- affiliates must be current for the previous 12 months dues

*

Date of notification of affiliate eligibility.

Friday, January 9, 2009 (E-57)

*

Cut-off date for submission of affiliate lists of members designated to vote on their behalf.

Friday, February 20, 2009 (E-14)

*

Dates for the CEO to report on the campaign and the application of rules and regulations to Council and Convention.

Council, October 25/26, 2008

Convention March, 2009

Spring 2009 Council interim report

Fall 2009 Council final report

*

Campaign period ends Saturday, March 7, 2009

*

The deadline for receipt by CEO of an interim statement of donations and expenditures of the leadership campaigns.

Friday, February 27, 2009

*

The deadline for receipt by the CEO of a final statement of donations and expenditures of the leadership campaigns. Donations to a leadership campaign may be accepted following the vote so long as they are reported in the final return.

Saturday, September 6, 2009

Draft

APPENDIX B

Spending and Contribution Limits

*

The non-refundable registration fee for all candidates,

$10,000, $1,000 to be paid by the candidate on filing registration papers with the balance to be paid within 30 days of filing

*

The deposit, which is to be returned to candidates on acceptance by the CEO of the final statement of donations and expenses

$5,000 to be paid within 30 days of filing

*

The spending limit for all candidates

Not to exceed $500,000 in election expenses.

*

The limit on contributions to candidates’ campaigns

Not to exceed $5,000 in total from registration to the filing of the leadership candidate’s final return, for eligible donors as defined in the Election Finances Act, and who meet the ONDP criteria on donations.

Regulations – Section 7 ( c )

*

Contributions can not be accepted until the Chief Electoral Office of Ontario has received official notification of the date of the leadership contest and the leadership candidate has registered with the Chief Electoral Officer of Ontario and the Chief Electoral Officer of the ONDP

*

Contributions will not be considered memberships

*

Memberships must be paid by a separate cheque, money order or credit card and accompany a completed membership application

*

Ridings cannot transfer money to a leadership candidate campaign.

Draft

APPENDIX C

Responsibilities of the CEO

*

To oversee the leadership contest by:

1.

Setting any rules or regulations not detailed in this document
2.

Interpreting the rules and providing directions for campaigns
3.

Informing the campaigns on arrangements regarding logistics, costs and any other matters
4.

Applying sanctions up to and including fines and/or disqualification for the offending candidate
5.

Registering candidates, upon satisfaction of all requirements for registration
6.

Advising candidates that their registration is complete and accepted
7.

Receiving and reporting the statements of donations and expenditures provided by campaign CFO’s
8.

Authorizing the refund of candidates’ deposits upon approval of the financial returns
9.

Determining the schedule of mailing, size and weight of material to be mailed by the ONDP to all members once only for all candidates
10.

Ensuring that services or privileges provided to publicly elected officials are not used to further the candidacy of a leadership candidate
11.

Conducting an investigation when advised that a candidate or person working on their behalf has paid a membership fee for Party members
12.

And attending to all other matters referred to the CEO by the Administrative Committee of the ONDP.

Cope 343

Owner: Dennis Young

Acting Provincial Secretary Page 13 6/30/2008