Administration of elections in British Columbia.

• Author: Stagg, Linda

Democratic government is predicated on free elections and the results must be an accurate reflection of the will of the electorate. This article looks at some constitutional, legal, procedural, and ethical reasons why we need an ongoing independent electoral administration.

The prime purpose of an electoral administration is to deliver democracy. The visible instruments of democracy (elections, referendums, initiatives, recalls) make timely front-page news. The underlying mechanisms, while perhaps less newsworthy, are equally important. Scholars have pointed out that the procedures through which representatives are chosen is crucial in judging the quality of electoral democracy.(1) The written Constitution and unwritten convention including the Rule of Law, are the basis of electoral law. Sections 3, 4 and 5 of the Canadian Charter of Rights and Freedoms contain the essence of the democratic rights of Canadian citizens, including in particular, electoral rights. Electoral law codifies procedures to provide for the election of a legislative assembly or parliament, and provides for an officer to administer that law.

The advent of the secret ballot spawned the need for advance notice of who the candidates are, so ballots could be printed and dispatched to various voting locations. "First used in South Australia in 1856 it spread to almost all democracies within half a century and has become a major factor in the development of free elections."(2)

Today's multiplicity of voting opportunities underscores the need for sound planning, training and supplies management. An electoral event is no longer limited to the casting and counting of ballots on election day. There are also advance voting, voting by mail, and special arrangements for National Defence and diplomatic personnel, bush camp workers and home care residents to name a few.

In British Columbia, on election day, the number of election workers totals over 30,000. For one day their numbers equal -- and maybe exceed -- the entire provincial civil service! For students of administrative law, this is a classic case in sub-delegation of authority. It also demonstrates that delivering democracy is a two-way street. These election workers need to be confident in their new-found knowledge, and need to be assured that there is a strong presence behind them where they can go with their questions. The Chief Electoral Officer is ultimately responsible for their decisions and actions.

Candidates and...