Doug Ford to ignore city clerk’s warning about premature campaigning
Complaint about Ford’s robocalls inviting people to the annual Ford Fest party in his mother’s Etobicoke backyard, where he had already said he would announce he intended to challenge John Tory.

Thestar.com
Jen. 17, 2018
David Rider

Doug Ford says he will continue telling people he should be mayor of Toronto despite a warning from the city clerk’s office about premature campaigning.

Ford, who lost to John Tory in the 2014 mayoral election, and announced at his family’s September “Ford Fest” gathering that he plans a 2018 rematch, called the warning unfair.

“They’re saying, ‘You can’t campaign, but I’m going to let the mayor campaign on a daily basis,’ ” Ford said, referring to the mayor’s steady stream of announcements, including some where he has said Toronto can’t go back to the “chaos” of 2010 to 2014 when Doug Ford’s late brother Rob was mayor and Doug Ford, himself, was a city councillor.

Tory is “out there full-swing campaigning,” Ford said. “I want to debate the guy before the election. Let’s sit down. There’s no rule saying we can’t debate. They debate every day at city hall. I want to debate with this guy. You can sell tickets, raise money for charity . . . I don’t care, but I want to debate this guy.”

Ulli Watkiss, Toronto’s city clerk, wrote to Doug Ford in September that a Torontonian had complained about his robocalls inviting people to the annual Ford Fest party in his mother’s Etobicoke backyard. Ford confirmed before the event he would announce he intended to challenge Tory, but that was not in the robocall.

In the letter, first reported by The Globe and Mail, Watkiss warned Ford he “cannot spend or raise any money to support your candidacy, including paying for robocalls, as that is a violation of the (Municipal Elections Act) provisions” and she would take “appropriate measures” to maintain “peace and order” for the Oct. 22 election.

The Act says hopefuls cannot raise or spend campaign funds until they register as candidates.

Past Toronto campaigns started Jan. 1 of each election year, but the Ontario government shortened the campaign period so this year it doesn’t start until May 1.

Ford, who has used news conferences, press releases and social media posts to paint Tory as an out-of-touch spender and “king of congestion,” said his candidacy is further hindered by a new provincial rule limiting candidates’ ability to self-finance campaigns, to a maximum $25,000 in the case of the Toronto mayor’s race.

“Somebody wants to kneecap me, and meanwhile 99 people of out 100 think the (Toronto) election is already on and they’re confused with the provincial election,” that will be held in June, Ford said.

Experts in municipal law said it’s within the city clerk’s right to warn potential candidates about the rules around timing, but it’s not clear that Ford promoting himself breaks the rules. (Overt campaign expenses such as a “Vote Doug Ford” billboard would.)

“The Municipal Elections Act is silent with respect to promotional events or efforts that take place prior to nomination day, including events for the purpose of promoting public awareness of a candidate,” said John Mascarin, a lawyer with Toronto firm Aird & Berlis.

“But if he does make overt fundraising-type pleas, he will be offside (on) the MEA rules.”

Eric Davis of Miller Thomson said the wording of a robocall could put potential candidates in hot water.

“Depending on what he said, one might try to allege that’s campaigning; you need to pay for robocalls,” Davis said. “Any candidate, including Doug Ford, has to be careful about spending money to campaign before the official period has commenced.”

Don Peat, a spokesman for Tory, said that “since beating Doug Ford in the last election, the mayor has worked hard to restore trust, accountability and integrity to the mayor’s office . . . .

“There will be plenty of time for campaigning during the election period, and, come May 1, the Mayor will be ready to put his record of accomplishments and vision for the future up against Doug Ford’s plan to take the city backwards.”