Election Access Fund Bill: Submission and Critical Analysis

This submission and critical analysis of the Election Access Fund Bill highlights the importance of the bill in providing access to funds for disabled individuals seeking elective positions in parliament. The submission focuses on three factors: access to funds by the disabled, access to funds by non-governmental organizations, and access to funds by political parties. The bill is analyzed clause by clause, and examples from other nations are provided to show how disabled individuals are included in the election process. The submission concludes by emphasizing the importance of the bill in achieving equity in the electoral process.

Running Head: Election Access Fund Bill 1
Election Access Fund Bill
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Election Access Fund Bill
Cover Letter
14 March 2018
Submission on the Election Access Fund Bill
To the Governance and Administration Committee
Hudson, Brett- Chairperson
Anderson, Virginia- Deputy Chair Person
Bakshi, Kanwaljit Sing- Member
Dean, Jacqui- Member
Henare Peeni- Member
Huo, Raymond- Member
Yang, Jian- Member.
This submission is from ____________.
I would like to appear before the parliamentary committee to make a submission
I can be contacted through:
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Time of day_____________
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Election Access Fund Bill
Submission
It is my humble submission that the Election Access Fund Bill should be swiftly passed
into law because it is already overdue. As a democratic nation, democracy should be
practiced so that all citizens can have access to equal opportunities. In this case, people with
disabilities should access funds which aid them in their campaigns and political activities, just
like the individuals without disabilities. Having a leveled platform shows how democratic our
nations are. As such, my submission will be centered on three factors. One, the access to
funds by the disabled. Two, access to funds by non-governmental organizations and lastly,
access to funs by political parties.
1. Access to funds and participation of disabled individuals during elections.
It is heart-warming to finally have a bill that seeks to address the issue of access to funds
by disabled individuals who seek elective positions in parliament. The Election Access Fund
Bill, as stated earlier, should be fast-tracked and adopted so that it can become a law in this
nation, (Whiddett et al., 2016, 11640). Democracy will have a meaning if we have an all-
inclusive parliament that consists of both the able and disabled leaders. It is unfair for a blind,
deaf, or any other disabled person to ‘dig’ deep into his or her pocket to facilitate his or her
election campaigns, (Kelsey, 2015). It is unrealistic. This bill is a good platform which will
eliminate this concern. I concur with the ‘General Policy Statement’ which recognizes the
pleas of disabled persons. It is true that they face a lot of challenges when seeking elective
positions. In addition, the statement recognizes Article 29 of the United Nations Convention
on the Rights of Persons with Disabilities, (Gauja, 2016). I am perplexed to realize that our

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country- New Zealand is a signatory to this Convention yet we did not have a bill/law in
place until now. According to Article 29 of the United Nations Convention, disabled people
have the right to participate in elections including the public life. As such they are allowed to
stand for elective positions, hold office effectively, and also participate in public functions
that have been assigned to them in the different government levels. This obligation, therefore,
should be incorporated into the laws of New Zealand, the Election Access Fund Bill.
Disabled individuals face a lot of barriers when joining politics or participating in
elections. As such, they face a hard time in making critical and informed decisions, stand for
elective positions or even lobby and seek assistance from political parties, (Ross & Comrie,
2015, 254). It is even hard for them to have their issues articulated in their political agendas.
The existing political forums or disability organizations cannot be accessed at times by these
individuals. This barrier causes a lot of despair thus causing discrimination. With many issues
being faced by the society, people with disabilities should be given the opportunity to address
them. This can only be achieved when they are provided with the necessary support from the
electoral commission through funding, (Brady, 2018, 70).
During election campaigns, it is evident that many disabled individuals hire the services
of translators or guides and this comes at an extra cost. This means that they have to look for
extra funds which will aid their needs, (Cardo, 2018, 10). Access costs are usually not
covered by political parties thus a difficulty for these individuals with disabilities. It is
everyone’s duty to fight for the rights of the disabled persons so that there is equal access to
funds and platforms, especially in the election process. This hence becomes the mandate of
the electoral commission in the country. Some of the costs that will be covered by these funds
include;
 Transcribing costs

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 Interpreter support during forums and elective campaigns
 Translating materials into braille
 Travel costs to attend forums
In support of the bill, the following is a critical analysis of the clauses found in the
Election Access Fund Bill.
In setting out the purpose of the bill, it is indicated that there are barriers which people
with disabilities face. These barriers should be removed or reduced so that they can
participate equally like their abled counterparts, (Reid, 2018, 11). These barriers are not faced
by the baled individuals hence competing with them is not fair. For instance, a blind
candidate competing with a candidate who is not blind is unfair, until access to facilities and
forums is enabled.
In clause 6, the Electoral Commission is given the mandate to establish funds which
will be used in the facilitation of activities done by the disabled during the campaign and
election periods. By getting a grant, these individuals will be able to participate fully. The
importance of this clause is that electoral commission is neutral and not partisan in any form
of politics. By being given this task, the issue of corruption and misappropriation of funds
will be avoided, (Fraenkel, 2015, 152). In clause 6 (3), the minister is mandated to determine
the amount of grant to be awarded to individuals with a disability. It is prudent enough that
the minister takes into account all barriers that may be faced by these individuals. It is also
my prayer that the minister in charge does not practice biases leading to the equal distribution
of grants and resources to the disabled individuals.
Eligibility for funding is set out in clause 7. This clause will empower the electoral
commission to set the basis for determining the eligibility of an individual to access funds.
Through a notice in the Gazette, the institution will announce the criteria used. A consultation

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is necessary as stipulated in clause 7 (2) where appropriate individuals and organizations will
be approached for consultation purposes before listing individuals who should receive grants,
(Stewart, 2016, 69). As such, under clause 7(3), eligibility to access these finds is measured
when it is proven that the person is disabled and is seeking an elective position if the receiver
of funs is a not-for-profit organization and provides education on the election process and
lastly if it is a political party.
Clause 8 is clear on the issue of whether the payment is a donation or not. Here, these
payments are not donations hence they should be termed as grants meant for the disabled,
political parties or non-governmental organizations handling providing education about
election and the electioneering process. Reviews of the entire law after the bill has been
passed is essential so that it can be determined whether it functions or not, (Hall, 2016). This
will lead to the consideration of its positive and negative impacts. This is stipulated in clause
9 of the Election Access Fund Bill. In case there are changes to be made, this should be done
in accordance with amendment procedures set out by the parliament. The House of
Representatives should receive and views, intended amendments or recommendations
whenever necessary.
It is clear that this bill intends to empower individuals with disabilities so that they
can equally participate in the election processes in the country. In the first reading, members
expounded on the need for this bill with beneficiaries such as Mojo Mathers who is deaf but
has had the opportunity of being politically active and representing the needs for her people
and the disabled in New Zealand, (Nikolaeva, 2015). Statistics show that more than 1.1
million people in New Zealand have disabilities and are underrepresented in forums as well
as parliament. However, it is notable that a leader such as Mojo has been able to perform
beyond her imitations showing the essence of different values and capabilities that people

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have. These are the exact sentiments used by CHLOE SWARBRICK when addressing the
parliament
“People living with disabilities—as indeed all people—have their own values, their own
vision of a better society, their own remarkable skills and passions that make them who they
are, and it is incumbent on us in this Parliament to ensure that everybody gets a fair shot at
participating in our elections, let alone becoming an MP.” Hon. CHLOE SWARBRICK
The importance of this bill will be noticed when equity is realized in the electoral
process. Sharing of information up to the voting stage will be done in an equal and
democratic manner thus achieving the aims of the bill, (Selvaraj, 2015, 89).
How other parliaments and nations involve the disabled in election processes.
Over the years, the political field across the globe has transformed. This is mainly
seen in the fight for gender equality, the inclusion of the youth, separation of powers and
most importantly, in this case, the inclusion of disabled persons and access to election funds.
According to Mendez (2017), access to election funds in Oregon (United States) by the
disabled has been enabled by the electoral commission and political parties. This has enabled
people with disabilities to have their own representatives. The importance of this is that their
rights and freedoms are freely expressed and also accessed. By implementing the same here
in New Zealand, there will be equal representation of all individuals. Mendez further asserts
and political parties are enabled by getting enough funds which aid them in the electoral
process. In the United Kingdom, members of parliament are at the forefront of fighting for
the reinstatement of Access to Elected Office Funds (AEO). This was after the funds were put
on hold in 2012. These funds were used by the disabled for transport purposes, interpreters
and forum subscriptions. Despite these efforts, it is seemingly evident that people with

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disabilities are receiving slowed responses. In India, a similar law is being put in place so that
inclusivity is achieved in the election process with the disabled also participating, (Dwyer,
2017, 135). From these examples, it is evident that nations are moving ahead to include
disabled persons in all national activities. Being disabled is no one’s plan and as such, it
should be kept in mind that disability is not inability. This fact was reiterated by
“Whether we identify with it or not, all of us will find ourselves disabled at some point in our
lives, whether by our environment or a service that never considered our interaction with it,
or as we age and our senses naturally deteriorate, or by way of accident or otherwise. The
Election Access Fund Bill is a step towards consciously creating a more equitable,
democratic, and empathetic playbook for how we as New Zealanders engage in not just
politics but society at large.” CHLÖE SWARBRICK
2. Access to funds by non-governmental organizations when carrying out election
education events
Non-governmental organizations also play an important role in educating the people
about the election process, the importance of participating in it and how to vote or elect
leaders wisely. Groups such as the Civil Society Forum and the Leadership Development
Forum will be empowered by the bill so that they can receive sufficient funds to facilitate
education about the electoral process. Under Clause 8 (3, b), non-profit organizations can be
vetted so that it can be determined whether they offer education about elections so that they
can receive grants. In most remote regions of the country, citizens desire to have the best
education on the electoral process, the role of elected leaders, the role of the electoral
commission and how to participate in the election process, (Ballard, 2016, 1). This
knowledge at a time is hard to find thus the necessity of Non-governmental organizations

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which have seen it necessary to provide this information. With this knowledge, citizens are
able to elect leaders and hold them accountable based on the agendas they laid out before
them. Precautionary measures should, however, be laid out by the electoral commission when
selecting beneficiaries of these funds, (Selvanathan, 2016). Many groups and non-
governmental organizations are set up with the aim of getting grants and funds for personal
use. This can be avoided if the groups have records of what they do thus the electorates and
the government gets value for money. Cases of corruption should also be determined and
handled effectively.
3. Access to funds by political parties.
Political parties in New Zealand are the main platforms where disabled individuals
can participate in and get the needed support, (Flew, 2018). Running for elective positions as
a disabled person can be tricky because other candidates have an upper hand. However, funds
for the disabled leaders which can be accessed by political parties can play a critical role.
This aspect is provided for in clause 8 of the bill. Parties such as the Green Party, Labor
Party, Maori Party National arty and the United Future party have set precedence by
accommodating the disabled parties into their agenda and also giving those opportunities to
be leaders, (Mendes, 2017, 145). In most case, it is evident that leaders who have disabilities
can perform better compared to their counterparts, with the fact that they are trying to
improve their living conditions and prove others wrong, most of them dedicate themselves to
the duties that they have been assigned to.
Concluding Remarks.
It is evident that this Bill is timely at a time where democracy and equality is part and
parcel of our society. Gone are the days when people with disabilities were despised and not
given any chance to express themselves. By giving them a platform, their views, knowledge,

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and values will be shared, (Kunha $ Kern, 2018). First, barriers have to be eliminated for
them to serve equally. Here, financial constraints have to be done away with and this is an
enabling bill that will cater to that. Secondly, people with disabilities should be embraced by
the society so that they can be able to lead others without any iota of discrimination, (Vowles
& Catt, 2015). Lastly, opening doors for them to join political parties and forums will benefit
them because political parties are widespread across the nation. Financial help is the biggest
factor that will benefit them since the processes involved in the election campaigns and
political debates are hectic and costly as stated by Hin Maggie Berry of the National Party
“I think that anybody—and we all in this House have stood as candidates. We know it's a
grueling, rigorous, and robust process, and I think that people with disabilities need and
deserve to have some assistance to get them to where they need to be, to mount a realistic
challenge to be considered as a candidate.” Hon Maggie Barry.
On the other hand, non-governmental organizations that provide education about the
electoral process have been considered as part of the beneficiaries, (Simon, 2015, 1172).
With these, they are able to reach the most remote areas and educate the citizens about the
entire election process. With the passing of this bill, the disabled persons will be able to enjoy
the benefits of democracy in New Zealand- just like other political leaders and citizens.

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