Campaign finance loophole

The exclusion of candidates running in local government elections from declaring how their campaigns are funded under the Election Campaign Finance Regulations, 2017 has raised the eyebrows of civil society bodies which are calling for amendments to ensure accountability across the board.

The regulations provide the regulatory framework for effectively monitoring and assessing political party funding and election campaign financing locally.

The Electoral Commission of Jamaica (ECJ) said that through a systematic approach to financial reporting, political parties make declarations of their respective assets and the sources of funding which support their activities.

Local Government Minister Desmond McKenzie yesterday announced that Jamaicans will go to the polls on February 26 and that candidates in the election are to be nominated on February 8.

But the rules for campaign financing do not govern their spending, the ECJ has confirmed.

“Learning that election campaign financing only applies to general election and not local government reminds me of a similar accountability conundrum where laws exist to allow for impeachment of mayors but not of members of parliament,” executive director of Jamaica Accountability Meter Portal, Jeanette Calder, told The Gleaner last Thursday.

Calder said this amounts to citizens being forced to weigh causation of whether this is oversight or by design.

She said, in either case, it is inarguable that all the concerns that necessitated these stringent rules for the general election are equally vital for local government election.

“For those who understand di runnings, they might say, even more vital,” said Calder.

“Do we not need to safeguard the democratic process at the local level? Doesn’t fair competition and a level playground matter for councillors? Do our legislators believe that councillors who edge out their political competitors on the strength of the dollar will discontinue their abuse of money power while in seats of power?” she questioned.

ABSENCE OF TRANSPARENCY

Calder said the absence of transparency around the sources of campaign financing sets the stage for promises and payback which will only serve to compromise the quality of service and public goods to be provided by municipalities, which she described as short-term gains for a politician and long-term woes for the people.

Further, National Integrity Action’s Principal Director Danielle Archer asserted that elections involving public officials should be governed by financing legislation.

For the attorney, who gives and how much is significant.

“It allows the public to see whether policies are implemented that benefit persons who have given to political parties. The current legislation needs to be amended to govern donations given to parties, whether during the period of elections or outside an election period,” she said.

“Local government elections are just as important as general elections, and should be included in any legislation that aims to monitor donations made for elections or to politicians at any level,” she added.

The current regulations cap the spending on campaign activities to $15 million per candidate in general elections while the limit for each political party is $630 million. No donor can contribute more than 10 per cent of the maximum allowable spending for a candidate and five per cent of the maximum spending for a political party.

The parliamentary opposition has indicated that it is in favour of having the legislation amended to include the mandatory declaration of local government election campaign funding.

Opposition Spokesperson on Justice Donna Scott-Mottley told The Gleaner on Wednesday that reporting ought not to be confined to general elections.

The senator said it is important that the parliament strengthen the country’s governance arrangements.

“In particular, our political representatives should be aware that full disclosure of the financing of our elections at all levels will reduce the expectation that he who pays the piper will call the tune,” she said.

Scott-Mottley said the inclusion of councillors in the framework will eventually encourage citizens to understand their role in monitoring the conduct of candidates and enhancing accountability and transparency.

kimone.francis@gleanerjm.com