AFTER TARGETING ‘BIG MONEY’ IN ELECTIONS, NDP NOW AIMS AT ‘DARK MONEY’

It has a title so warm and fuzzy you could wear it to bed — An Act to Strengthen and Protect Democracy in Alberta.

Alberta’s NDP government has introduced legislation to encourage people to vote, make it easier for them to cast a ballot and give them more confidence in the electoral system by creating the new position of election commissioner.

But there is nothing warm and fuzzy about the real target of Bill 32 — “dark money.” This is money raised and spent, not by politicians and political parties, but by a creature called a political action committee (PAC) or third-party advertiser.

PACs are prevalent in U.S. politics where they raise and spend millions of dollars, and are becoming something of an invasive species in Canada.

PACs are shadowy organizations that can raise unlimited amounts of money to spend on advertisements, run political opinion polls, conduct political research and promote political causes — all in support of their favourite party and politicians.

Newly elected United Conservative Party Leader Jason Kenney, for example, had his own PAC, Unite Alberta, which raised about $500,000 to help position him last year ahead of the Progressive Conservative leadership race. Kenney has another PAC called the Alberta Victory Fund all set to go.

Another group, Alberta Together, is a PAC that is working with the Alberta Party.

Some even consider the Alberta Federation of Labour something of a PAC.

It raised the largest amount in donations of any third-party group in the second quarter of this year with $230,000.

PACs can get around political fundraising laws by not overtly supporting a political party or politician.

The NDP wants to change that with Bill 32. The government targeted “big money” in 2015 with an act that outlawed political contributions from unions and corporations. Now, it’s taking aim at dark money.

The legislation will place a cap on the amount of money PACs can spend in the period leading up to an election campaign and during the campaign itself.

The PAC will not be allowed to spend more than $150,000 in the three months leading up to Alberta’s election “period” starting in March.

Once the writ is dropped, the PAC will face a second $150,000 cap during the election campaign.

PACs will be able to advertise, but must identify themselves in the ads. The definition of advertising has been broadened to include things such as renting halls and giving away T-shirts.

They won’t be allowed to sell memberships, raise funds or collect information about voters in support of parties or candidates.

Bill 32 will also ban collusion between PACs and political parties to stop them from helping each other under the table.

The government is doing all this because, not to sound alarmist, PACs are a potential threat to our democracy.

Alberta’s chief electoral officer, Glen Resler, is so afraid activities by third-party groups could unbalance the electoral field, he issued a warning in his annual report this fall: “As the legislation currently exists, there is a potential for spending limits to be circumvented and prohibited contributions to be funnelled through third parties for advertising purposes by parties and candidates.”

However, Bill 32 is in some ways a paper tiger. It doesn’t place any spending limits on PACs in the period between election campaigns.

It’s still pretty much open season when it comes to PAC activity for about 33/4 years out of every four-year political cycle.

The United Conservative Party says it will take time to review Bill 32.

However, the Liberals, who introduced their own anti-PAC legislation last week, say the NDP bill doesn’t go far enough.

“Simply put, our bill is a better bill and will do a better job of getting dark money out of politics,” said Liberal Leader David Khan.

The government insists it has gone as far as it could.

The courts have already supported PACs under Charter rights to free speech. Simply banning PACs isn’t possible.

Placing severe restrictions on their activities at all times, not just during election campaigns, would likely be deemed unconstitutional.

In fact, Alberta government sources are expecting a legal challenge of Bill 32 ahead of the next provincial election.

Liberals might say the government hasn’t gone far enough to “strengthen and protect democracy in Alberta,” but the courts might yet decide the government has gone too far.