Theme 2: Right to run for an election

Subject matter

• Eligibility and nomination process
• Authorizing political entities

General objective

Support diversity, political pluralism and equal opportunities.

Background

The right to run for an election is protected by the Canadian and Québec charters of rights and freedoms, in the same capacity as the right to vote. As a result, the requirements under the Election Act for running as a candidate or obtaining an authorization are minimal. They aim to make the exercise of this right as equitable and universal as possible.

To be a candidate, an eligible person must file a nomination paper with the returning officer of the electoral division in which they are running. They can run under the banner of a political party or as an independent. 

Political parties wanting to take part in elections must obtain authorization from the Chief Electoral Officer. This authorization allows them to support candidates, solicit political contributions, incur election expenses and contract loans. It also entitles them to certain benefits, such as access to public funding and the list of electors.

Challenges

The diversity of candidates and elected officials has improved in Québec. However, people who belong to historically underrepresented groups remain more likely to encounter obstacles in their political journey.

The number of authorized political parties is on the rise: there were 27 in the 2022 general elections. However, some authorized parties choose not to participate in the elections and do not support any candidate.

Recommendations

We make eight legislative amendment recommendations related to the right to run for office. In addition, we will pursue or undertake two complementary actions that do not require amendments to the Election Act.

Nomination

Reduce certain obstacles to nomination

1. Provide for a separate system for the reimbursement of certain additional personal expenses incurred by candidates.
   This system would allow for reimbursing candidates who incur reasonable personal expenses related to dependent care or to a situation of disability while campaigning.

Complementary action by Élections Québec: document obstacles encountered by candidates or aspiring candidates.

Promoting parity and diversity among political representatives

Complementary action by Élections Québec: improving statistics on the profile of candidates.

Authorization of political parties

Ensure the electoral and political vocation of entities applying for authorization

2. Require authorized political parties to confirm their objective of participating in public affairs and to present at least two candidates in a general election.
   Authorized political parties should commit, in a declaration, to participating in public affairs, in particular by supporting the election of at least two candidates in a general election. Parties should comply with these conditions to retain their authorization. Parties could benefit from a respite election.
3. Require political parties to provide a policy statement when applying for authorization.
   This statement would briefly set out the party’s rationale, its values, the ideas it stands for or the commitments it wants to make. Élections Québec could publish this statement (or certain excerpts) in the register of political entities so that electors can consult it.

Ensure that authorized political party officials meet certain criteria, given the importance of their role

4. Require that the leader and the two officers of an authorized political party be qualified electors.
   Anyone wanting to be a leader or officer of an authorized political party must be a qualified elector, i.e., eligible to vote. The Act already sets this requirement for people running as candidates in an election, as well as for official representatives and official agents of an authorized political party.
5. Ensure that individuals convicted of certain criminal acts cannot be leaders or officers of an authorized political party.
   People convicted of a criminal offence punishable by two years’ imprisonment or more, including hate crimes, should not be allowed to be leaders or officers of a political party while serving their sentence.

Strengthen the coherence of the authorization system

6. Ensure that officials of an indebted party that has lost its authorization cannot reapply for authorization.
   Thus, a political party would not be able to withdraw its authorization in order to avoid paying its debts. An equivalent provision is provided for to independent candidates: in the same situation, they become ineligible for four years.
7. Provide for a withdrawal of authorization for failure to comply with the requirements relating to the return of election expenses.
   We should be able to withdraw a political entity’s authorization if it fails to comply with the return of election expense requirements. Provisions are made for such a withdrawal if the entity does not comply with requirements related to its financial report.
8. Provide for a suspension, then a withdrawal of authorization without notice when a party no longer has officials.
   As a result, a party likely to dissolve would no longer be able to solicit contributions or receive public funding.

Suggested reading

• Recommendations report (Chapter 2 – The right to run for election) (PDF – in French)
• Consultation document (Chapter 2 – The right to run for election) (PDF – in French)
• Summary of the consultation document (right to run for election) (PDF – in French)