All the ballots have been printed, and more than 13,000 ballots have already been cast by mail
The B.C. NDP has asked the court to force the provincial Conservative Party to include B.C. in its name on ballots for the Oct. 19 election, arguing that leaving out B.C. may mislead voters into thinking they are voting for Pierre Poilievre’s popular federal Conservatives.
B.C.’s chief electoral officer last year approved the B.C. Conservative request to list its party on ballots as “Conservative Party,” according to a petition by the NDP filed in B.C. Supreme Court on Friday.
Elections B.C. said Friday it was opposing the petition because the name is legal under the Elections Act, all the ballots have been printed, and more 13,000 ballots have already been cast by mail.
The NDP said voters are telling NDP door-knockers they intend to vote for Poilievre, leader of the Conservative Party of Canada, in the upcoming provincial election or that they want to vote Prime Minister Justin Trudeau out of office.
“The intention and effect of this change to the … ballot name is to confuse voters,” the NDP’s petition said. “The CPBC appears to hope that voters will vote for it … thinking they are voting for the federal CPC.”
It said last year the B.C. Election Act was changed to allow voters to cast a vote by writing in the name of the leader of a registered party.
“It is likely many voters” will mark their ballot “Pierre Poilievre” thinking the two separate parties are the same and “will intentionally spoil their ballots,” the petition said. “A vote cast in the provincial election marked “Pierre Poilievre” will be rejected and not counted.”
The NDP bases it challenge on the Canadian Charter of Rights and Freedoms, specifically the section that guarantees the right of every Canadian to vote in an election and that includes the right to be informed as a voter.
The decision to allow the Conservatives to “use a ballot name that will mislead voters” about the candidate’s party affiliation infringes a voter’s right to “meaningful, informed participation,” the NDP said.
In a debate two days ago, B.C. Conservative Leader John Rustad insisted his party hasn’t ruled since 1933.
But Rustad was in the last B.C. Liberal government and “he had 16 years of a record working against people’s interests, increasing their costs every single day,” NDP Leader David Eby said on Friday.
“He’s running away from that record, pretending to be part of the federal Conservative party,” Eby said. “Mr. Rustad is working very hard to confuse people about who he is, who he represents.”
But Rustad said, “It makes sense to have the Conservative Party on the ballot.” He said adding “British Columbia” would make the name too long for the ballot.
The B.C. Conservative Party name, which the NDP is requesting, doesn’t exist today, Rustad said. His party is registered with Elections B.C. as the Conservative Party of British Columbia.
“I find it rather amusing that that’s what the NDP is spending their time on,” he said.
Elections B.C. follows criteria when approving names that ensures it won’t be confused with another provincial political that is registered or was registered any time in the past 10 years, said spokesman Andrew Watson in an email.
“It would be inappropriate for a non-partisan office like Elections B.C. to review party names outside” those parameters, he said.
The federal Tories enjoyed 44 per cent voter support in the latest Leger poll, a 20 point lead over the Liberals.