Monday, November 16, 2009

London Branscombe's billboard causes early commotion By JONATHAN SHER, THE LONDON FREE PRESS Last Updated: 16th November 2009, 9:30am

Nancy Branscombe hopes her billboard on Oxford St. will create more traffic to her website. She believes she's not contravening any regulations.

Nancy Branscombe hopes her billboard on Oxford St. will create more traffic to her website. She believes she's not contravening any regulations. (SUE REEVE/Sun Media) A billboard put up by London mayor-wannabe Nancy Branscombe has raised the eyebrows of some politicians, who wonder if she's run afoul of election spending rules. The billboard on busy Oxford St., west of Richmond St., doesn't mention next year's civic election nor Branscombe's aspiration to lead London city council. But Branscombe acknowledges the full-size billboard is one of a number of initiatives she's taken to boost her profile before she decides whether to challenge three-term Mayor Anne Marie DeCicco-Best or to run again in Ward 6. "I want to keep my options open," she said. It's doubtful anyone in authority will decide who's right in this early election dust-up -- the only recourse for someone concerned is to file a claim with Superior Court, an action that's occurred only once in Ontario since 1997. Branscombe is no novice to campaigning. Branscombe won a seat on Peterborough city council and, with her husband Ken Kalopsis, played leading roles in the defunct Reform party and efforts to merge it with the federal Progressive Conservatives on the political right. Last election in London, she went door-to-door months before anyone else, and this time, in addition to the billboard, she's been advertising in newspapers and producing catchy, animated videos she's posted on YouTube. Whether those efforts skirt Ontario election rules is a matter of interpretation. Ontario's municipal election law allows campaigning at any time -- but it limits when someone can raise or spend money for a campaign, said Peter-John Sidebottom, the manager of local government policy at Ontario's Municipal Affairs Ministry. "I could stand out in front of city hall in London and say I'm going to be a candidate," he said. But potential candidates aren't allowed to raise or spend money on their campaign until they register to run for office, and the earliest they can do so for this election cycle is Jan. 4. The issue is whether someone prematurely spends money to further electoral aspirations, Sidebottom said. "If the answer is yes, they are in contravention of the Act," he said. Not all of Branscombe's colleagues see a problem -- even a political adversary said her conduct isn't much different than what most council members do on a smaller scale, sending out mailings, for example. Branscombe believes she's on the right side of the rules. "The intention is to drive people to my website," she said. "There may be those who think it's campaigning . . . but I don't think it's campaign advertising . . . I stand by my decision. It's unfortunate it's been misunderstood." The last time such a case in Ontario was challenged in court was when Toronto mayoralty candidate Tom Jakobek challenged frontrunner Barbara Hall in 2003 after a group supporting her raised $107,000 the year before the election. A judge found a reasonable basis to believe a violation may have occurred, but dismissed the claim on procedural grounds.