Richard Sexton appeared satisfied with changes the Manitoba government will make to protect the integrity of municipal elections in the province.
The proposed changes will close a loophole that was used to defeat Sexton in a municipal election three years ago.
The loophole meant that an unlimited number of non-residents could sway the outcome of a municipal election by sharing ownership in small parcels of land within a municipality and gaining the right to vote there.
“That’s where the hole was in the system and it had to be fixed,” said Sexton, who farms in the Rural Municipality of Winchester.
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The Manitoba NDP government plans to amend the Local Authorities Election Act, which governs municipal elections.
The amendments will allow only two non-resident owners of each land parcel to vote in next year’s municipal elections.
The amendments are meant to ensure that municipal elections continue to be fair, said Manitoba intergovernmental affairs minister Jean Friesen.
“These amendments strengthen the ability of local authorities to ensure confidence that basic democratic principles are upheld,” she said.
Manitoba was somewhat unusual in allowing non-residents who own property in a municipality to vote in municipal elections. Most other provinces and territories either limit or prohibit non-resident voting.
The Manitoba government said the anticipated changes stem from the events of the 1998 municipal election in the RM of Winchester.
Sexton said dozens of non-residents voted in that election by acquiring ownership in small parcels of land.
In one instance, there were 19 names attached to a 1.21 acre parcel of property in the RM. Meanwhile, a 10-acre abandoned yard site was divided among 13 different owners, and a 79-acre parcel of marginal land had 15 names attached to it.
Sexton was defeated in his bid for a seat on council by a vote of 67 to 53.
He blamed his loss on the non-resident voters and challenged the election outcome in Manitoba’s Court of Queen’s Bench. He alleged that a person knowingly transferred an interest in land to non-residents to qualify them to vote.
A decision from the Court of Queen’s Bench supported Sexton’s argument. The appeals court also agreed the outcome of the election should be overturned and a new election held.
Manitoba’s current legislation dealing with municipal elections allows the outcome of an election to be challenged, but the challenge must come from an election candidate or from four or more electors who voted.
The petitioners are responsible for all costs associated with pursuing the election challenge in the Court of Queen’s Bench and all subsequent appeals.
That’s something Sexton would like changed. It cost him extensive time and more than $20,000 to challenge the outcome of the 1998 municipal election in his ward.
“You can bet that if this had been at the provincial or federal level, the returning officer would have stepped in right away.”
The Association of Manitoba Municipalities said it welcomes the amendments planned by the province.
Roger Goethals, reeve for the RM of Winchester, was also encouraged by the proposed changes.
“The local people in the municipality will have better control. They’ll have a lot better control.”
