Payment of a contribution by credit card, including online payment via a Website

Transcription

1 Payment of a contribution by credit card, including online payment via a Website Reference: Act respecting elections and referendums in municipalities (sections 427 to 440 and 483) PURPOSE The purpose of this directive is to prescribe all the information required when a contribution is paid by credit card. RESPONSIBILITY OF THE OFFICIAL REPRESENTATIVE It is absolutely essential that contributions be solicited only under the responsibility of the official representative of an authorized entity and only by officially designated canvassers. The official representative is responsible for ensuring that the contributions received are lawful and are compliant with this directive and shall do this by implementing adequate control procedures. A. Contributions collected online via a Website In order to collect contributions online via a website, the official representative of an authorized entity must create a form that is in compliance with this directive. The official representative must have the form approved by the DGEQ before use. And any subsequent modification to the form, however small, must also be approved. The form must include elector consent and electronic signature components. When the transaction has been completed, the website must be able to send a confirmation of the transaction. Page 1 of 6

2 CONTENT OF THE FORM The online form for the payment of contributions by credit card must contain the following information at a minimum: the name of the elector; the full address (no., street, apt., city and postal code) qualifying the elector to vote in the municipality corresponding to the authorization of the authorized entity (address of domicile or other). In the case of the owner of a lot to which no address has been attributed, the lot number may be entered; the name of the contributor s employer at the time of making the contribution. This space may not be left empty and an entry such as none, not applicable or N/A is unacceptable; the amount of the contribution to be paid (in this regard, the elector must be informed of the maximum amount allowable under the Act as stipulated in section 431 of the AERM); the last four digits of the credit card number used and its expiration date; the name of the cardholder as shown on the credit card; the name of the company that issued the card (e.g., Visa); a box to check off in order to indicate whether the person is a candidate running in an election taking place in the current year (give the date of the election, in such case); a box to check off when the contributor has conveyed to the municipality a valid proxy pursuant to section of the AERM (proxy signed by the undivided co-owners of an immovable or co-occupants of a business establishment) conferring the right to make this contribution; an address field and an address confirmation field; a name of canvasser field. If no official canvassing occurred, the name of the official representative must be entered in this field. The authorized entity may also request additional information such as the elector s telephone number or date of birth (optional). In addition, a section of the form must inform the person making the contribution that: the contributor must be a qualified elector; the person s contribution must be made directly by that person, out his own property and voluntarily, including the payment of any balance due on the person s credit card in relation to his contribution; the contribution amount may not be reimbursed or subject to any compensation or consideration whatsoever by a third party; the credit card used must be issued in the name of the contributor (elector only) and the contributor must himself or herself be the main cardholder. A credit card issued to a legal person (company, union, trust, etc.) may not be used. Page 2 of 6

3 ELECTRONIC SIGNATURE When an authorized entity receives contributions made by credit card online via a website, certain terms and conditions apply in order to comply with sections 47, 429, 429.1, 430, 434 and 436 of the Act respecting elections and referendums in municipalities. An electronic signature must be completed by the contributor, meeting the six conditions listed below. Sections 47, 429, 429.1, 430, 434 and 436 of the AERM must be specified so that the contributor may be informed of these provisions when making the contribution. The following is the required form and content of the electronic signature: Hyperlink To be able to make a contribution to an authorized political entity, you must qualify as an elector (section 47) within the meaning of the Act respecting elections and referendums in municipalities. Your payment must be made by you personally and in accordance with the law (sections 429, 429.1, 430, 434 and 436). Hyperlink Fields marked with an * are required. I qualify as an elector* I have read the legal requirements* I declare that my contribution: is made from my own property* is made voluntarily* is made without compensation and for no consideration* was not and will not be reimbursed* This electronic signature replaces the elector s declaration (section 434). The official representative must, at all times, be able to print a contributor s electronic signature. ELECTOR S CONSENT The online form must contain a separate section, dated and signed by the elector, in which the elector consents to having the credit card issuer, for a period of seven years, communicate to the DGEQ and the official representative of the authorized entity all information related to the credit card, for the purpose of verifying the authenticity of the information provided and compliance with political financing rules. Page 3 of 6

4 Under the Act respecting the protection of personal information in the private sector, this consent must be manifest, free and enlightened and for a specific purpose. See model below. TRANSACTION CONFIRMATION Following payment by credit card, a confirmation of the transaction, along with a unique confirmation number, must be sent by to the contributor and the authorized entity and must include the following information: all information entered in the online contribution form; electronic signature; elector s consent; all credit card payment information. SAVING DOCUMENTS AND VERIFICATION For a period of seven years following the date of filing of the financial report, the official representative of an authorized entity must keep all vouchers (supporting documents) needed to ensure compliance with the provisions of Act respecting elections and referendums in municipalities. More specifically, the vouchers related to the online payment of contributions by credit card via a website include: the transaction confirmation message (unique confirmation number); the contribution receipt. These documents must be available at all times for verification by the DGEQ. In order for a contribution to be accepted, all of the requirements stipulated in this directive must be met. In addition, it is preferable that a record of the IP address of the computer from where the transaction has been made be kept with the transaction number by the official representative for the purpose of verification by the DGEQ. B. Credit card contributions received other than online via a website When a credit card contribution is made other than online via a website, for example, through a point of sale terminal, the official representative must complete an official contribution receipt, including the contributor s signature. Moreover, the official representative must have the contributor sign the receipt and the contributor s consent form must be enclosed with it. The official representative must also keep proof of the credit card payment on file (e.g., the retail point of sale terminal transaction slip). See model consent below. Page 4 of 6

5 Subsequently, the official representative of an authorized entity must keep the following supporting documents for a period of seven years from the date of filing of the representative s financial report: contribution receipt; elector s consent; proof of credit card payment. These supporting documents must be available at all times for verification by the Chief Electoral Officer. For a contribution to be accepted, all of the requirements stipulated in this directive must be met. LEGAL PENALTIES Under section 610.4, any elector who falsely states that their contribution was made from their own assets, voluntarily and without a consideration, or that is was not and will not be reimbursed in any manner whatsoever, is committing an offense and is liable, under section 641.1, to a fine of $5,000 to $20,000 for a first offense in the case of a physical person and a fine of $10,000 to $30,000 for a repeat offense within 10 years. Such an offense constitutes a corrupt electoral practice and will result in the elector losing his electoral rights for a period of five years. Page 5 of 6

6 SCHEDULE Elector consent model ELECTOR S CONSENT I hereby consent, for a period of seven years from the date of signing, to allow the issuer of my credit card to communicate to the DGEQ and to the official representative of the authorized entity to which my contribution is made, all information needed to verify the compliance of my contribution with the provisions of the Act respecting elections and referendums in municipalities. Signature of the elector: Date: Check off in the case of an electronic signature Page 6 of 6