Essex mayor fined 10,000 after pleading guilty to election charge

The mayor of Essex has been fined $10,000 after pleading guilty to a charge under the Municipal Elections Act.

During a provincial offences court appearance Friday afternoon, Larry Snively entered a guilty plea to a charge of procuring persons to vote in a municipal election when those persons were not entitled to do so.

The charge was laid after the OPP began investigating in October 2018 after allegations over the misuse of proxy ballots, with several complaints received over proxy ballots being signed without proper consent.

Proxy ballots are used to give someone permission to vote on behalf of another person.

The court was told that two advance polls were held Oct. 6 and Oct. 13 of 2018, with 32 proxy votes submitted that were not entitled to vote. Crown Brian White says the proxy vote form was "filled out contrary to instructions" in 32 instances by Snively.

The court was also told that a large number of proxy voters had language barriers, were elderly or vulnerable including one person diagnosed with dementia.

White says the defence has already told him that Snively will not seek re-election in the upcoming municipal election.

Defence attorney Pat Ducharme says when there was a language barrier, Snively had a translator with him, specifically a Portuguese interpreter, and he believed the person understood what was happening. 

Ducharme isn’t disputing that there might have been some misunderstandings.

"He probably still would have been the mayor of Essex no matter what," said Ducharme, who noted the margin of votes was 114 between Snively and the next candidate.

Snively told the court in a statement before sentencing "I sincerely apologize for these proxies that were done. At the time I did these proxies, I thought I did them properly and it was an oversight on my part in Box B (on the proxy form) not being filled out.  I'm guilty of not reading the proxy. I really didn't realize I was doing anything wrong at the time but afterwards I did, and I sincerely apologize for that."

In handing down the sentence, Justice of the Peace Susan Hoffman said "We are privileged to live in such a democracy that the Municipal Elections Act is designed to protect voting," but noted that Snively's actions "effectively deprived members of the community their right and privilege of voting for the government that governs them."

The Crown was seeking a $15,000 fine in the case, but Justice Hoffman took note of Snively's remorse and the stigma he will have to live with as a result of the conviction in deciding on a $10,000 fine plus applicable costs.

He now has 180 days to pay the fine.