Earlier, we reported federal Liberal delegate hopefuls wouldn't just be allowed to run in more than one riding. They can also declare their support for different leadership candidates in each of those ridings. But, today, that preliminary policy direction was overturned by the party's national returning officer Remi Bujold. In a letter sent to campaign representatives, deputy national returning officer Nathalie Boulous writes "it is our opinion that if a member has declared his/her support to one Candidate, even if this person is seeking a delegate position in more than one riding, this person should always declare his/her support to the same Candidate." The following is a complete copy of that letter.

September 13, 2006

VIA EMAIL

Lynne Steele on behalf of the Honourable Carolyn Bennett, PC, MP
Jack Siegel on behalf of the Honourable Ken Dryden, PC, MP
Steve RodRozen on behalf of the Honourable Hedy Fry, PC, MP
Quito Maggi on behalf of Martha Hall-Findlay
Sachin Aggarwal on behalf of Michael Ignatieff, MP
Matthew L.O. Certosimo on behalf of the Honourable Bob Rae, PC

Dear all:

Re: Submission to the National Returning Officer on behalf of the Honourable Carolyn Bennett, PC, MP, the Honourable Ken Dryden, PC, MP, the Honourable Hedy Fry, PC, MP, Martha Hall-Findlay, Michael Ignatieff, MP, and the Honourable Bob Rae, PC, in respect of the preliminary direction of the Regional Returning Officer for the Province of British Columbia, Ms Kim Haakstad, dated September 7, 2006, relating to whether delegates can declare their support for different candidates in different affiliated associations.

The undersigned acknowledges receipt of your correspondence dated September 11, 2006.

Rule 2.6 (c) authorizes the National Returning Officer “to give directions (consistent with these Rules, the National Constitution and, insofar as it is made applicable by these Rules, the Constitution of any Relevant PTA or Relevant Constitution) on a case by case basis with respect to the conduct of a Regional Returning Officer.

Furthermore, Rule 2.1 allows the Convention Organizing Committee to appoint a Deputy National Returning Officer. The undersigned was duly appoint by the Convention Organizing Committee on or about July 16, 2006.

Furthermore, in accordance with Rule 2.7, the National Returning Officer, the Honourable Rémi Bujold has transferred to the undersigned his full authority from September 6 to the 28th, 2006.

Therefore, we confirm that the undersigned has full authority to review the decision of the Regional Returning Officer for the Province of British Columbia (the “RRO”).

FACTS:

On or about September 5, 2006 at 2:22 PM (Pacific), the RRO issued via an e-mail titled “Important Information” a direction relating to a question posed with regards to the Declaration of support.

The question reads as follows :

“Declaration on support – There is nothing in the Rules that seems to prohibit a member seeking election for more than one candidate. The Form 6 asks the member to make an “irrevocable declaration of support” for a candidate. Can a member seek election to support more than one candidate? Could a member seek election from Burnaby-Douglas as Fry Candidate and from Burnaby New Westminster as Bennett Candidate?

Answer [of the RRO]: YES”

DECISION

It appears that the Constitution of the Liberal Party of Party of Canada in British Columbia (the “BC Constitution”), under section 66(3) allows for any member of the LPC to be selected as a delegate as long as this person has been a member in good standing for a period of 42 days immediately preceding the Delegates Election Meeting and has consented in writing to be a delegate.

Therefore, a member seeking a delegate spot, as long as this member respects the abovementioned requirements would be eligible to stand as a delegate according to the BC Constitution.

Furthermore, the Rules of Procedure for the Election of Delegates to the 2006 Leadership and Biennial Convention require from a person seeking to be elected as a delegate to complete and submit a Notice of Intention to Stand (Form 6).

Rule 7.5 provides the following:

Not later than 5:00 p.m., local time, on Friday, September 15, 2006, a person seeking to be a delegate must have provided a complete, signed “Notice of Intention to Stand” in Form 6 to the Regional Returning Officer or to the Local Returning Officer or their designate or, in the case of a person seeking to be a delegate of the Aboriginal Peoples’ Commission from a province or territory, to the Commission Returning Officer or their designate. A Notice of Intention to Stand is not complete unless it includes the printed name, address and telephone number(s), and signature of the delegate candidate and an irrevocable declaration of support for one Leadership Contestant or that he or she wishes to stand for election as an “undeclared” delegate. Delegate candidates may not amend or revoke this declaration after the nomination form has been submitted. [emphasis added].

Can a person make several irrevocable declarations of support?

With respect to the opinion of the RRO, we cannot agree with her position. Despite the fact that a member can stand for election in several ridings in British Columbia, this does not mean that this member can irrevocably declare his/her support to several candidates.

The meaning of the term irrevocable is that it cannot be retracted or revoked.

It is our opinion that if a member has declared his/her support to one Candidate, even if this person is seeking a delegate position in more than one riding, this person should always declare his/her support to the same Candidate. Not doing so, would mean that the person is revoking his/her support to the first Candidate he/she declared his/her support to.

We agree with your position that a declaration of support is irrevocable, and that therefore the first declaration of support made by a delegate candidate cannot subsequently be altered by the submission of any alternative declaration of support. It stands to reason that a delegate candidate cannot possibly declare their support irrevocably for more than one leadership candidate.

We therefore overturn the preliminary direction of the Regional Returning Officer for British Columbia and substitute it by saying that all delegate candidates in the province of British Columbia may declare their support for one leadership candidate only.

Yours very truly,

Nathalie Boulos, B.A., LL.B.,
Deputy National Returning Officer

c. Mike Eizenga
Steve MacKinnon
Kim Haakstad
Mark Grant
Jamie Elmhirst
Patricia Sorbara
All Leadership Campaigns
All Regional Returning Officers