By Don Urquhart, Times Chronicle

A candidate from last fall’s Osoyoos municipal election has failed to file their financing disclosure statement and has now been sanctioned by Elections BC.

Amanda Hilario threw her hat in the ring on the closing day for nominations on Friday, Sept. 11, 2022 then withdrew her candidacy on Monday, Sept. 14.

Hilario was running as part of the Dustin Skikora-led Osoyoos First slate which included Johnny Cheong and Zachary Poturica who were both elected to council.

Under the Local Elections Campaign Financing Act (LECFA) Elections BC administers campaign financing and advertising rules for local government elections.

The Act requires that individual declared candidates file disclosure statements with the BC Chief Electoral Officer after the general local election.

The disclosure statement must be submitted 90 days after the general voting day of the election.

Disclosure statements may be filed for another 30 days but are subject to a $500 late filing fee.

The last day to meet this legislative requirement was February 13, 2023, at 4:30 pm.

On February 16 town administration was notified that the candidate (Hilario) did not file their disclosure statement and late filing fee, which was required under LECFA by Feb. 13.

In accordance with section 64(2)(b) of LECFA, Hilario “is disqualified from being nominated for, elected to, or holding office on a local authority until after the next general local election, which is October 17, 2026.”

In presenting the staff report to council, Brianne Hillson, Director of Corporate Services, said the report was in response to a letter from Elections BC which required it to be presented in an “open meeting.”

In response to a question from Mayor Sue McKortoff on the fact Hilario had withdrawn, Hillson said in the eyes of Elections BC, “she was still a candidate” even if for only a short period of time.

The candidate has been notified by Elections BC, and the penalties required by LECFA and Elections BC cannot be waived or altered. Alternatively, she may apply to the Supreme Court, requesting relief from the responsibility to file.