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| Last updated at 8:30 AM on 22/04/09 |
Electing to do nothing 
The Telegram
So, what's the missing piece here? Is it political partisanship, a basic misunderstanding of election rules, or is there some sort of detail that has still got to come to light?
In other words, why would a supposedly independent officer of the House of Assembly decide to not even investigate what looks like a breach of the province's elections law?
Last week, the CBC's David Cochrane put together a news story outlining a piece of the Ed Byrne story. One of the payments involved in Byrne's conviction was a $3,000 payment to a campaign worker during a 2001 byelection in St. Barbe.
What's interesting about the payment is that, in an apparent contravention of the province's Elections Act, the money doesn't show up anywhere in the campaign finance documents filed by the Progressive Conservatives.
At the moment, the province's chief electoral officer is Paul Reynolds, an individual hand-picked by the provincial cabinet, and a former president of the Progressive Conservative party.
In fact, when the Williams government picked Reynolds, one of his entanglements was that he was still active in a PC Party district association.
Faced with the details from Byrne's sentencing - including the unregistered payment - Reynolds was asked what he planned to do. The short answer? Nothing. No need for even an investigation.
Now, it certainly is up to Reynolds to decide whether or not to conduct an investigation.
Section 273 (2) of the Elections Act says, "The Chief Electoral Officer shall conduct periodic investigations and examinations of the financial affairs and records of registered parties and candidates in relation to elections and may conduct an audit of the accounts of a registered party or candidate where he or she considers it necessary to do so."
So the ball is in Reynolds' court - and he's got no shortage of powers, should he ever decide to exercise them. The act allows him to go as far as obtaining search warrants to find out what happened - but only "where he considers it necessary ..."
And he plainly doesn't.
You would think that financial irregularities in a byelection - especially a byelection that wound up being won by just 23 votes - would be an issue that concerned the province's chief electoral officer.
It would be different if Reynolds had even examined the issue.
But asked again Monday, Reynolds still said no - and went even further, saying that, since a Tory has been elected in the seat twice since then, the original byelection result must have been a legitimate one.
That argument is so bizarre it hardly requires detailed examination.
In case Reynolds is not aware, it's the Elections Act, not the Ends-Justify-the-Means Act.
And if someone as supposedly versed in elections law as the chief electoral officer can't understand the difference, maybe it's time to hire someone who can.
But next time, let's have someone for whom the most important part of the résumé is their experience in elections law.
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22/04/09
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Eugene from Town, Newfoundland writes: Don't let this story end up in the rubbish can. Legal action taken by the Liberal Party, appeals to federal officials, and more editorials pointing out this abuse of power should be front and center. While this may be a partisan issue (who appointed Reynolds and the apparent lack of vetting) but at the heart of it is an attack on our version of democracy: Reynolds and his appointers should be skewered over this.
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| Posted 22/04/2009 at 8:49 AM | Alert an Editor | Link to comment |
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Roberta Clarke from Newfoundland writes: Mr. Williams has to deal with this. He must fire Mr. Reynolds for not doing his job or he isn't doing his job himself. What a shame, this Premier had so much promise and people were so excited. Now, it looks like it's spiraling into typical dirty partisan politics. Mr. Williams is the one who raised expectations to such a high level that maybe even he can't meet them. This is dirty politics and must be cleaned up.
Mr. Williams: Do your job, because the people you have appointed aren't doing theirs. And, maybe you should try and show sober thought and better judgement before making your next patronage appointment. Why are all the people you appoint so terrible at what they do? Surely, there must be competent people out there to choose from?
This is such a disgrace and it makes me sad to see how the people of this province are being ignored.
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| Posted 22/04/2009 at 8:50 AM | Alert an Editor | Link to comment |
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Doug from NL writes: All along I had been giving Williams the benefit of the doubt when people have been raising these issues regarding abuse of office etc. However, it's starting to look more and more like Williams' conservatives are just as comfortable waddling up to the trough and doling out political favours as everyone else since 1949.
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| Posted 22/04/2009 at 9:15 AM | Alert an Editor | Link to comment |
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randy from nl writes: I agree with Doug.This tory hack reynolds should never have been appointed in the first place,but Danny won't fire him,because that would be admitting he was wrong,besides Renolds may be of some use to Danny and the pc s during some future election.Isn't this what it's all about Danny? Retaining power at all cost
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| Posted 22/04/2009 at 9:35 AM | Alert an Editor | Link to comment |
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Harry from NL writes: Please dont hold your breath waiting for Danny Williams to do the right thing in this case. Why should he start now? If indeed you do hold your breath please dont get sick and have to go to a hospital. Although NO CRISIS HERE Wiseman tells us everything is just great there too. The corruption continues. Sad part is some of us seem to think its all ok. If Danny Williams is doing it it has to be great.
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| Posted 22/04/2009 at 9:36 AM | Alert an Editor | Link to comment |
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Mark from ON writes: The most horrifying element of the Members allowance scandal, and the one which Danny Williams, his government, and members of the Opposition have all tried to sweep under the rug, is the fact that hundreds of thousands of dollars are used by our MHAs to buy votes. This goes well beyond the fraud in the Members' Allowances. Justice Green rightly pointed out that using 'charitable donations' and 'advertising' as a fig leaf for the purchasing of public support by our elected officials is a practice that belongs in another place and time. You cannot trust any of the incumbent MHAs of any party stripe to take this issue on. And you certainly cannot count on the Chief Electoral office either. It's time that Newfoundlanders & Labradorians took a real hard look at our electoral system, who runs it and to whose benefit it is run. It is nothing short of appalling.
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| Posted 22/04/2009 at 9:36 AM | Alert an Editor | Link to comment |
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John Q Public from Mount Pearl, NL writes: We need more people like Doug to come to this realization. Danny is a tyrant, a bully, an egomaniac, and has no more regard for standing up for the little guy than anybody before him. Anything he's done for the province has been to boost his own status, and he's done more than enough to hurt us.
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| Posted 22/04/2009 at 9:37 AM | Alert an Editor | Link to comment |
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Graham from NL writes: John Q Public. Well said. Many of us me included have been preaching this for a very long time now. From day one it was obvious all this is about nothing but Danny Williams and his look at me how great I am ego. Some will never see that but thankfully more and more are seeing Williams for the DICTATOR: ONE WHO DICTATES. The definition from the dictionary by the way. Cant ruffell the feathers of his loyal flock by not pointing that out. Hand picked and totally under his control thats how Williams surrounds himself. Based on the Williams and Reynolds logic if I were to be pulled over today by the police for speeding I could argue that its all the fault of the Ford Motor Company for makeing my truck capable of going 240k per hour. The nice officer would look at me and say yes sir I see your point no need to investigate anything here its all someone elses fault. The money was available it was stolen some of it was used in a by-election and then eventually found its way back to the very man who stole it in the first place. So because it was available and he stole it and it in some small way may have contributed to a certain person being elected its all ok. Danny must think its fine NOT A PEEP from him. He is letting his hand picked Chief Electorial Officer Mr Reynolds talk for now. Well trained Mr Reynolds. Well trained and well rewarded by your master Danny Williams.
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| Posted 22/04/2009 at 10:08 AM | Alert an Editor | Link to comment |
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Lloyd from Labrador, nL writes: Seems to me spending at election time always has to be a rather difficult thing to control or accurately report in the proper way. I also have no doubt that the AMOUNT of election spending makes a difference, otherwise why do the partys involved spend money on advertising, travel, fancy brochures full of (largely empty, or inflated) promises and so on and so on. An extra three grand (at least) injected into a campaign where the spending limits are in the 18 to 20 or so grand can make difference.
br
I'd like to see other questions, and answers, come up. Like whose campaign fund (declared, or not) covers the visits by party leaders and other brass when they show up with 4 or 5 ministers - during election time - making so called routine government announcements - often in helicopters or airplane charters (at least in remote areas). We all know this is part of the campaign yet I doubt it shows up as campaign spending - but also no doubt it is on the tax payer dime. Should this sort of action also be investigated? Don't we all know and understand that this is campaigning, and I doubt its declared as such, and should be declared as part of the election expenses and duly reported?
I think there is lots of room for investigation and airing of the whole messy process.
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| Posted 22/04/2009 at 10:14 AM | Alert an Editor | Link to comment |
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Bradley from NL writes: Good points Lloyd. I also wonder who paid for and who is paying the gas for the motor home Danny Williams usues to go all around the province in the name of doing whats best for all of us? Lets see the bills and receipts for that one. Opps Danny dont take a salary so that makes it all ok I guess. No salary no accountability thats how it works in Dannys world. No wonder hes so popular.
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| Posted 22/04/2009 at 10:26 AM | Alert an Editor | Link to comment |
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Darrel from Kilbride, NL writes: Western style democracy has as many flaws as China's communism.
They both need to change.
Most of us younger generation do not want anything to do with our political system we have in place today. Hasn't anyone noticed yet ?
What do we do now ?
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| Posted 22/04/2009 at 10:30 AM | Alert an Editor | Link to comment |
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W Bag from NL writes: The issues are piling up at Danny's feet, Reynold's appountment, his inaction, his ridicul;ous comments, Ed Byrne, lack of openness with access to info, bad memories of the premier's staff as displayed at the Cameron Inquiry, Ross Wiseman, Danny's comment about Cochrane being cut off from regular media info, Burke & MUN, Kennedy & well, Kennedy in general, I could go on at lenght but evertually it will take him down. You are only as good or remebered for your last job. Please danny don't go out as a Bum..........jujst because everyone, I mena everyone around you is incompetent, except, both Marshall's.
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| Posted 22/04/2009 at 11:20 AM | Alert an Editor | Link to comment |
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Robert Power from NL writes: Our government promised us that they would be open, accountable and transparent. That promise appealed to many voters who are sick and tired of our system being manipulated for personal or political gain.
To make a promise means that you keep them - even if doing so may not be in your best interest. We have the right to a government that acts responsibly on behalf of those that elected them.
Reynolds is aware that there is evidence that the elections act may have been broken - it is his duty to investigate and find out if this is the case, and report the details to the public.
If he is not willing to perform his duty, he should resign and make way for a person who is - or be removed.
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| Posted 22/04/2009 at 11:46 AM | Alert an Editor | Link to comment |
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Eli from CBS, NL writes: To W.Bag,
If Beth Marshall had any gumption she'd either cross the floor or resign. She should have done that years ago. In her case it's all about money.
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| Posted 22/04/2009 at 1:32 PM | Alert an Editor | Link to comment |
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tim bennett from corner brook, NL writes: Mr Reynolds should move quietly on;
Any one and every one who serves in the danny williams government will be smeared. i would not want to see, not even one of them elected again. i think we should bring in from third world country someone to watch that our elections are run properly. we have sent officials to other countries for just that purpose. i think it is too late now for the present members to start trying to clean up the mess, it has gone on too long and the present members are quiet on the sick, deplorable mess. (health care, schools, shared resource, MUN, elections act, mha allowances, tom rideout dismissal, fabien manning kicked off etc. etc.) how the list continues to grow. to think i voted for this governing body gives me goose pimples. i am part of the blame for the shameful government that we all must live under. i apologise to my fellow NL people for my stupidity.
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| Posted 22/04/2009 at 4:09 PM | Alert an Editor | Link to comment |
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Eli from CBS, NL writes: Come on guys. Nobody appointed to a job that pays in the $130,000 range is going to resign and the nut who put him there isn't going to fire him. That's grade III kiddie logic in my book. Now, if Paul Reynolds had any gonads, well that's another story.
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| Posted 22/04/2009 at 4:51 PM | Alert an Editor | Link to comment |
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William S. from Nl. writes: To W. Bagg ... You forgot Danny attacked a local lawyer in GFW for asking questions.It was an insulting personal attack with no public apology. Oh yes the questions he asked were not answered. The evidence is mounting up on this St. John's Premier. He's outa control.
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| Posted 22/04/2009 at 7:06 PM | Alert an Editor | Link to comment |
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tim bennett from corner brook, NL writes: pray tell me what this premier has done for the people of NL except try to strengthen his dictator ship in a most severy way. when is he going to post armed soldiers on every corner. don't be fooled, this is how dictatorship rule (takeover) starts. people would follow williams over the cliff and blame it on ottawa.
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| Posted 23/04/2009 at 7:30 AM | Alert an Editor | Link to comment |
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what you might think from nl writes: Won't investigate, eh??!! Well what goes 'round comes 'round!! Reynolds is another do as you're told fella !!!
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| Posted 23/04/2009 at 8:18 AM | Alert an Editor | Link to comment |
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