Essex mayor nabbed in OPP probe
Snively charged with violating 2018 Municipal Elections Act
A probe into the Town of Essex’s municipal election of 2018 has resulted in a charge against the man who became mayor in that election.
Ontario Provincial Police announced Wednesday that Essex Mayor Larry Snively, 65, faces one count of procuring persons to vote in a municipal election when those persons were not entitled to do so — a violation of the Municipal Elections Act of Ontario.
Police have been investigating the election, which took place Oct. 22, 2018, since receiving a complaint of what OPP describe as “alleged improprieties.”
OPP said Wednesday that the investigation is complete, and characterized the case as “reported misuse of proxy voters.”
Snively has been scheduled for a court appearance in Windsor on March 30.
Contacted on Wednesday morning, Snively declined to comment and directed all questions to his lawyer, Patrick Ducharme.
Asked if Snively has discussed stepping down as mayor, Ducharme replied: “I represent him in every respect, and I don’t see this as any impediment for him carrying on.”
Voting by proxy allows an elector to appoint someone to submit a ballot on the elector’s behalf when that elector is unable to vote in-person.
The elector completes and signs an Elections Ontario form declaring the appointment for voting proxy.
The appointed person must also be an eligible voter in the specified municipality.
Once the proxy is certified, they take an oath attesting to the appointment.
The forms and process must be completed before election day, typically done at the office of the municipality’s clerk.
It’s not yet clear how the charge against Snively affects his status as mayor.
Shortly after the OPP announcement on Wednesday, the Town of Essex issued a statement that the municipality is aware of the charge, but does not have any additional details about the case.
“The Town of Essex, and its electoral process, was not the subject of the investigation. From the beginning of the investigation, administration has co-operated fully with the OPP and will continue to co-operate as this matter proceeds before the courts,” the municipality stated.
Citing the need to maintain the integrity of the legal process, town hall and its administration declined further comment on the matter, and directed all inquiries to OPP.
The next town council meeting is set for Monday.
A former town councillor, Snively won the election by just 117 votes — defeating fellow former councillor Ron Rogers.
Reached on Wednesday, Rogers said he welcomed the news of the charge against Snively: “People have to be held accountable.”
Rogers told the Star last summer he went to police the day after the election with concerns the race had taken place improperly.
According to Rogers, he and a few others had “general knowledge” that there were problems with proxy votes during the election.
“The proxy form is very specific as to what you do, and when you do it,” Rogers said.
Along with the proxy voter issue, Rogers said he believes there were violations in “the entire campaign process.”
Asked if he feels gratified by the OPP announcement, Rogers said he is more surprised it took so long: some 16 months since the election happened.
“I’ve run in eight elections — some of them very contentious. ... This was the worst election I’ve ever run in, as far as underhandedness and deception,” Rogers said.
Essex Coun. Sherry Bondy has also been vocal in demanding review of the 2018 election and greater leadership accountability.
Bondy said Wednesday she is “not shocked” by the OPP announcement, and she believes Snively should step down as mayor, as soon as possible.
“If there are questions or doubts about the election process that put you there, then how can our residents trust other decisions you’re making?” Bondy asked.
“I want to move forward. I want our council to move forward. But I think that is going to be impossible if the mayor continues to chair.”
While Bondy feels the charge against Snively points to the credibility of her position over the past year, she said she won’t feel fully vindicated “until the people of our town have a mayor in place that we can trust.”
Bondy said she is anticipating next week’s council meeting for clarity about the mayoral position and possible outcomes.
“I will say that some other councillors have made comments along the lines that I was blowing things out of proportion, and that it was all in my head,” Bondy said.
“So there are going to be hard conversations around that.
“People were mad at me for whistle-blowing when they really needed to channel that anger elsewhere.”
Bondy said there’s “a lot more to come” in terms of council controversy, such as revelations about “behind-the-scenes bullying.”
But Chris Vander Doelen, another Essex councillor, said he wants Snively to stay on as mayor during the court case.
According to Vander Doelen, 22 of 28 proxy forms that resulted in votes for Snively have been called into question.
“I’m hoping this is just a case of sloppiness of people filling out these proxy sheets,” Vander Doelen said.
“We still have our responsibilities, we still have a town to run.”
Last August, Snively suggested the complaints were overstated.
“I’m not interested in the OPP. Let them finish their investigation,” he told media at the time.
“There was nothing wrong with the proxies. Period.”