Elections NL handcuffed by legislation: Chaulk

Chief electoral officer’s report cites limitations in Elections Act as factor in chaos during provincial election

The winter election’s timing didn’t sit well with a lot of people in the province, but with the COVID-19 outbreak just before election day, the entire process became a nightmare — and the person who likely tossed and turned the most is Chief Electoral Officer Bruce Chaulk.

Chaulk was the target of much scrutiny and criticism for his handling of the election, but motions in the House of Assembly this week calling for him to be removed from his position until a review of the election is completed were defeated.

On Wednesday, Chaulk presented his report on the election to the House of Assembly and it “provides details about which sections of Part I of the (Elections) Act were adapted based on the exigencies that arose during General Election 51.”

He pointed out in the report that the province’s outdated Elections Act limited what his office could do given the situation it faced.

Despite accusations that Chauk’s office wasn’t ready for the election, the report reads: “At the outset, let me advise that prior to the election, Elections NL had secured additional resources for the provision of special ballot voting, hired additional staff and obtained personal protective equipment to conduct the general election. Elections NL was reasonably prepared to safely conduct in-person polling on Feb. 13, 2021. Despite our efforts, Elections NL had no control over the large-scale refusal of staff to work at the polls on polling day because of the highly contagious COVID-19 U.K. variant.”

Chaulk reports that at the time Alert Level 5 was announced on the evening of Feb. 12, it was unknown how long the lockdown would continue, and, following the lockdown if election workers would be willing to resume their duties at a traditional polling station.

“Although Section 87 of the act contemplates that a poll may not be able to open on a given day due to an obstruction or delay due to weather, it was not reasonable or practical to use this section to suspend polling one day at a time for an indefinite time for every poll,” Chaulk said.

“Utilizing the special ballot provisions was the safest and most expedient option for the electorate. The options available to Elections NL to conduct the vote were limited by the legislation.”

He noted in the report that New Brunswick recently passed Bill 45, An Act Respecting Municipal Elections in 2021.

“It appears that although New Brunswick had a successful general election in 2020 they learned from our experience and have included explicit language in Bill 45 that addresses ‘lockdown’ and the powers of suspending and resuming the election process based upon alert levels. This explicit authorization is not present in our act and adaptations were necessary.”

In his report, Chaulk notes that on Feb. 12 the decision was made to suspend inperson voting and pivot to a special ballot process for the balance of the election. The province, and particularly the Avalon region, was dealing with a highly contagious U.K. variant of the coronavirus, and the length of the shutdown and the impact it may have on the future ability to retain election workers and facilities was impossible to predict, he said.

“The only reasonable alternative at the time was to conduct the election using the special ballot provisions,” Chaulk said. “While not ideal, this method of voting ensured the protection and safety of the electorate and Elections NL workers. The decision to move to special ballots for the balance of the election was accomplished by extending the time to apply for a special ballot.”

Justice and Public Safety Minister John Hogan announced on Wednesday an all-party committee will be formed to review the election and modernize the province’s outdated Elections Act.

Hogan said the committee will identify means to enhance accessibility to voting in Newfoundland and Labrador. He said he doesn’t think there will be much “back and forth” on the committee, as they are all focused on the same outcome despite the makeup of the committee favouring the Liberals — four Liberal MHAS, two members of the Progressive Conservative official opposition, one member of the NDP and one independent

MHA, and it will be chaired by Hogan.

There are four separate court actions in Newfoundland and Labrador Supreme Court — one challenging the legality of the overall election by the NDP, and three challenging the election in specific districts, two by PC candidates and one by the NDP.

Hogan said the government will watch those cases, as they will amount to an independent review of the legalities of issues that occurred during the 2021 election.

“While not ideal, this method of voting ensured the protection and safety of the electorate and Elections NL workers.” Chief Electoral Officer Bruce Chaulk