Law preventing promotion of referendum

The law governing STV advertising changed after the 2005 referendum. Although it was included as a referendum on the May 12, 2009, ballot, STV promotion was banned from election advertising.

The BC Electoral Reform Referendum 2009 Act Regulation Section.29.4 reads:

Referendum advertising must not, directly or indirectly, (a) promote or oppose a registered political party or the election of a candidate, or (b) form part of election advertising. Section.1 definition – "referendum campaign period" means, in relation to the referendum, the period beginning on February 1, 2009 and ending at the close of general voting for the referendum.

Summary of system mechanics

Since Confederation with Canada in 1871, British Columbia had a system of primarily single-member electoral districts with some multi-member districts, with each voter casting as many votes as there were open seats on an unranked ballot. This voting method was used except for during two elections in the 1950s, when BC adopted instant run-off voting. The 17 multi-member ridings were eliminated in 1988.

Unlike the fully single-member system in place since 1988, STV groups all legislative seats regionally into multiple-member electoral districts. This is done so that seats in the region can be allocated in a way that reflects the distribution of votes among the electorate. For example, Richmond and Delta's five existing constituencies would be combined into one electoral district which would produce five winners, proportional to the votes in the multi-member district. It is very unlikely that all would be from the same party, in contrast to the situation in the 1996 election, when all five of these seats were won by the same political party.

Political parties may nominate as many candidates in an electoral district as there are available seats, although experience with STV elsewhere (and all elections in general) suggests that not all will do so. For instance, in Ireland where five or more parties run candidates, a five-seat district would typically have about 10 or 15 candidates. Major parties will typically nominate more candidates in a district than will minor parties, as they will be hopeful of electing a larger number of MLAs.

The most important feature of the system is that, although each voter has only one vote, their single vote may be apportioned and used to elect multiple candidates based on the voter's ranked preferences (if any). To this end, the voter is invited to rank-order candidates, although they are not required to do so. The candidates will be grouped by political party in separate columns on the ballot paper, as is the practice in the Australian state of Tasmania. However, voters would be allowed to express preferences for candidates of different parties if they chose to do so.

A quota for the district is determined based on the number of valid ballots cast and the number of seats available in the district. All the votes are counted and sorted by the voters' first preferences. Those candidates with enough first-preference votes to meet or exceed the quota are elected. A multiple-step vote counting and transfer process is then used to determine the winners of the remaining seats in the district by taking voters' secondary preferences into account.^[5]

Although the processing of secondary votes can be complicated, the Assembly expresses the general principle was explained in the following simplified way in the Assembly's Final Report as follows: "If a voter's favourite candidate (#1) is not elected, or has more votes than are needed to be elected, then the voter's vote is "moved" to his or her next most favourite candidate (#2). The vote is transferred rather than wasted. The aim of this system is to make all votes count" (Final Report, p. 6).

Proposed electoral district boundaries

Under the first past the post or FPTP system, British Columbians elected members from 79 one-member districts in 2005, but this expanded to 85 for the 2009 election. Boundaries commissions, appointed after alternate elections, use census data to maintain a nominally uniform population level across districts (within court-mandated bounds) so that voters have approximately equal representation. Currently, districts have a mean population of about 50,000. However, there can be considerable discrepancies between electoral districts, because districts are permitted to be as small as 75 percent or as large as 125 percent of the provincial average, and even these bounds may be exceeded in special circumstances. Moreover, population migrations between redistrictings can lead to further drift away from uniformity. Vancouver-Burrard has the largest population at about 67,000 people and North Coast has the smallest population at about 27,000 people.

One of the criticisms of this method of is that in many populous communities, in order to create districts with a population of approximately 50,000, it may be necessary to draw arbitrary boundaries which do not necessarily reflect a community of interest.

The Electoral Boundaries Commission which reported in 2008 was charged with drawing up new boundaries for both the single-member system and the proposed new BC-STV system. Under BC-STV, much larger districts would be created that will elect multiple members. Proponents argue that this creates districts with a stronger sense of community and common interest, in which voters will have several MLAs and can get service or representation from any of them. For example, the 11 new single-member constituencies within the municipality of Vancouver would be combined under STV to form two electoral districts, one West, one East. The five electoral districts within Richmond and Delta will be combined to form one electoral district. Each STV district is formed by amalgamating a collection of single-member constituencies; therefore the total number of MLAs per region, and the population per MLA within each region, is independent of the choice of system.