Larry Perlman
New Member
I Stand Corrected, But The Loophole In The MEA Is More Severe
My apologies for not looking more closely at the Municipal Elections Act (MEA) -- Mea Culpa.
SimonP is correct and has quoted section 71(2) of the MEA: "If a person is a candidate for more than one office, a contributor’s total contributions to him or her in respect of all the offices shall not exceed $750. 1996, c. 32, Sched., s. 71 (2)." Therefore, certain parts of the "Mammoliti Ruse" theory is not possible (including the fact that election signs can not be placed on lawns etc. until September 30th).
HOWEVER, section 70.1(5) of the MEA states: "Despite subsections 71 (1) and (2), for the purposes of those subsections, the maximum total contribution a contributor may make to a candidate for the office of mayor of the City of Toronto is $2,500. 2006, c. 11, Sched. B, s. 10; 2006, c. 32, Sched. D, s. 11.". THAT is a loophole!
If an incumbent Councillor runs for Mayor of Toronto, takes contributions from supporters of $2,500 and then "changes his mind" and runs for Councillor, the contribution could not possibly be given back (the MEA does not even address this possibility). It is thus a significant loophole in the MEA and its effects EVEN WORSE than my original theory (as the maximum contribution is more than I thought). Instead of two contributions of $750 each (my original theory), the incumbent Councillor could potentially receive up to $2,500 as Mayoral candidate when his intentions were initially to switch campaigns before the deadline.
Many aspects of the theory also remain (ie. putting posters and flyers mainly within the Ward). In addition, the 75% refund from the City of Toronto is allowed.
As I said in my last post, desperate times call for desperate measures and finding loopholes like this may become available to the desperate incumbent.
Not possible. The Municipal Elections Act specifically forbids this:
My apologies for not looking more closely at the Municipal Elections Act (MEA) -- Mea Culpa.
SimonP is correct and has quoted section 71(2) of the MEA: "If a person is a candidate for more than one office, a contributor’s total contributions to him or her in respect of all the offices shall not exceed $750. 1996, c. 32, Sched., s. 71 (2)." Therefore, certain parts of the "Mammoliti Ruse" theory is not possible (including the fact that election signs can not be placed on lawns etc. until September 30th).
HOWEVER, section 70.1(5) of the MEA states: "Despite subsections 71 (1) and (2), for the purposes of those subsections, the maximum total contribution a contributor may make to a candidate for the office of mayor of the City of Toronto is $2,500. 2006, c. 11, Sched. B, s. 10; 2006, c. 32, Sched. D, s. 11.". THAT is a loophole!
If an incumbent Councillor runs for Mayor of Toronto, takes contributions from supporters of $2,500 and then "changes his mind" and runs for Councillor, the contribution could not possibly be given back (the MEA does not even address this possibility). It is thus a significant loophole in the MEA and its effects EVEN WORSE than my original theory (as the maximum contribution is more than I thought). Instead of two contributions of $750 each (my original theory), the incumbent Councillor could potentially receive up to $2,500 as Mayoral candidate when his intentions were initially to switch campaigns before the deadline.
Many aspects of the theory also remain (ie. putting posters and flyers mainly within the Ward). In addition, the 75% refund from the City of Toronto is allowed.
As I said in my last post, desperate times call for desperate measures and finding loopholes like this may become available to the desperate incumbent.
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