No limits on election ads by advocacy groups before official campaign
Flyers spark debate about ‘third-party’ advertising, but no rules apply until Sept. 19
Advocacy groups looking to influence New Brunswick voters in the upcoming provincial election have about three weeks left before they come under the regulatory eye of Elections New Brunswick.
Any so-called "third-party" group — an organization that is not a political party but that wants to tell New Brunswicker to vote for or against someone — can do whatever it wants until the official campaign period begins on Sept. 19.
No rules apply until then.
"In the pre-writ period like this, we sort of have the field to ourselves, to a great deal," says Jim Emberger, a spokesperson for the New Brunswick Anti-Shale Gas Alliance, which is airing radio advertisements on stations in Moncton and Saint John.
"It's not crowded with political advertising, so we can get people, hopefully, to our website and explore further."
A recent flyer blitz by Campaign Life Canada accusing educators of "pushing transgenderism" sparked an online debate about third-party advertising and the often-misunderstood rules that apply.
Former provincial NDP leader Elizabeth Weir questioned in posts on X, formerly Twitter, whether the flyers violated the Elections Act.
In fact, such advertising is completely unregulated and unrestricted — and legal — until the campaign begins.
The
front of a flyer made by anti-abortion group Campaign Life Coalition,
distributed across New Brunswick recently by Canada Post. (Hannah Rudderham/CBC)
The New Brunswick Anti-Shale Gas Alliance radio ads argue against Premier Blaine Higgs's frequent musings that he'd like to see shale gas development in New Brunswick – something they say would be a threat to clean air and water.
"Vote against fracking in New Brunswick," they say.
Once the campaign is underway, groups spending more than $500 on advertising during the campaign must follow rules similar to those that apply to political parties.
They must register with Elections New Brunswick, identify themselves in any advertising and file returns with the agency disclosing any donors giving more than $100 for the ad blitz.
Donations can only be made by New Brunswick residents, corporations and unions.
Third parties can spend a maximum of $17,599.36, including a maximum of $1,759 in any single riding – preliminary estimates that Elections New Brunswick says may change depending on the number of people voting.
And the group must sign a declaration that they are "acting independently of and not in collusion with a registered political party, a registered district association, a candidate or another third party."
Once
the official campaign has begun, groups spending more than $500 on
advertising must register with Elections N.B. and follow rules similar
to those applied to political parties. (Gary Moore/CBC)
Campaign Life plans to register so it can put out "more focused election information and voter guides" during the campaign, according to Jack Fonseca, the group's director of political operations.
He says he's comfortable with New Brunswick's legal requirements.
"I think the rules are fine the way they are, so long as they're the same for everybody," said
But Emberger says the rules amount to "a lot of needless bureaucracy for what I don't see as necessarily a really big payoff."
He recalled how, during one election, members of his group went around the province to affix stickers to existing anti-fracking signs, to ensure they complied with the requirement that a third party identify itself in campaign advertising
"I understand the thing about not wanting to have outside groups come in with big spends where nobody knows where the money's coming from, trying to buy the election, and all that," he said.
"I'm not sure if that stops any of that, because they can still do it. They just have to register."
Emberger said his group wants to reach two groups of voters in particular: those too young to remember the shale gas debate in 2013-14 and new arrivals to the province who aren't familiar with that history.
The radio ads aired in Moncton and Saint John to target key ridings that may determine the election outcome, he said.
They have generated email inquires via the group's website, he said, but were "a sizeable" expense so it's unlikely there will be more during the campaign period.
Campaign Life has already endorsed two individual candidates on its website — Higgs in the riding of Quispamsis and Progressive Conservative candidate Faytene Grasseschi in Hampton-Fundy-St. Martins.
Some social media comments labelled the Campaign Life flyers as hate speech against 2SLGBTQ+ youth.
Kim Poffenroth, the chief electoral officer, said Elections New Brunswick doesn't have the authority to examine that, and it's up to people who believe it amounts to hate to file a criminal complaint with a police force.
Even when the election is officially underway, "there's no authority in Elections New Brunswick to monitor or control or regulate the content of any kind of advertising," Poffenroth said.
There are two exceptions: Poffenroth can step in if a group publishes misleading information about the electoral process itself, such as where and when to vote.
And she can lay a complaint with police if someone intentionally tries to steer voters away from the correct voting locations, times or dates, she said.
ABOUT THE AUTHOR
Reply to Ed Armstrong
Reply to Jose Hemanas
Content Deactivated
I remember talking to that dude many years ago