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‘Memo: Canadian Elections and Citizenship Procedure and Resources - NOT FOR LEGAL ADVICE By: Anonymous ~- Copy provided courtesy of: http:/ - 7 Feb 2016 MEMORANDUM Issue Presidential candidate Ted Cruz (“Ted”) has stated publicly that his mother Eleanor Cruz (Fleanor”) has never been a citizen of any country other than the United States, That statement relates to the controversy over Ted’s eligibility for office. He was bom in 1970 in Calgary, Alberta, where Eleanor resided from approximately 1966 to 1975. Recently, Breitbart News released an “Urban Preliminary List of Electors” for Calgary’s Urban Polling Division No. 121, dated May 27, 1974 (the “1974 List”). Both Eleanor and her then husband Rafael (“Rafael”), a naturalized Canadian citizen, appear on that fist. Because only Canadian, citizens can vote in Canada, some have pointed to that list as proof that Eleanor also naturalized in Canada, ‘Ted’s campaign has responded that the enumerators who conducted the house-to-house survey for the 1974 List included Eleanor’s name by mistake. This memo examines the availability of additional voting records that may shed light on this dispute. Summary Assuming that Breitbart’s source searched the publicly available federal archives thoroughly, the only other publicly available voting records pertinent to this dispute are Voter lists for Calgary’s municipal elections. Those records are available for inspection but only in Calgary. Lists of persons who actually voted in federal elections during the relevant period exist but only a court order could make then available for inspection. Discussion Canadian Elections Recordkeeping, Separate agencies administer federal, Alberta provincial, and Calgary municipal elections. Each of those agencies prepares lists of persons who are eligible to vote. Those lists are publicly available at the federal and municipal levels but not at the provincial level. ‘The federal voter lists are in Ottawa and the Calgary voter lists are in Calgary. ‘The 1974 List evidently came from the archive'in Ottawa ‘The federal and provincial agencies, but not Calgary, also compile lists of people who have voted»The federal agency retains those lists but will not release them for inspection without a court order. ‘The provineial lists are likewise confidential but pursuing a court order would bo futile because the lists for 1965 to 1975 no longer exist. Federal Elections Elections Canada, an agency ereated in 1997, administers Canadian federal elections. Contact information: Tel. 800.463.6868 or 613.993.2975, fax 888.524.1444, e-mail, 30 Vietoria Street, Gatineau, Quebec, KIA 0M6, Canada. Canadian citizens who are eligible to vote, and wish to do so, must register. Registered voters, called “electors,” may vote in advanee or on election day, Currently, Elections Canada prepares the following records for each election: ‘Memo: Canadian Elections and Citizenship Procedure and Resources - NOT FOR LEGAL ADVICE By: Anonymous ~- Copy provided courtesy of: http:/ - 7 Feb 2016 * Register of Electors * Statement of Electors Who Voted at the Advance Poll, EC 50109; and * Statement of Electors Who Voted on Polling Day EC 50111 According to Richard (no last name) at Elections Canada, list of electors from the 1960s and 1970s are housed at Library and Archives Canada (“LAC”). He also stated that lists of persons who have voted in past elections also exist but are not publicly available: A court order would be required to release those lists. ‘Three federal general elections took place during Eleanor’s period of fesidence in Canada: 1968, 1972, and 1974, During that period, there were no federal by-elections in which Eleanor could have voted from Calgary. LAC has “Voters Lists” from 1935 to 1983. ‘The fink is httpsliwww.bac~ On that page, elicking the button for the 1974, federal general election gave a clue as to how Breitbart obtained the 1974 Urban Preliminary List of Electors with Eleanor’s name on it, Each electoral distriet’s Voters Listis on, microfilm, ‘The microfilm M-6297, for Electoral Distriet Calgary South, comprises pages 115678-116239. ‘That range includes Eleanor’s and Rafael’s names on page 115756 in the 1974 List. So Breitbart’s investigator evidently searched the microfilms and printed out the relevant pages. Unfortunately, the microfilms themselves are not online. To view'theli at LAC in Ottawa, ‘one must submit an online “Access to information request form” at Library and Archives home page htip://www.bac-lacigc.caleng’ Pages/home.aspx. \Curféntly, there is a 40-day delay in responding to sch requests. Note that the person who presents himself at LAC to view the materials must be the same person who submitted the request LAC also has eight boxes of paper documents desctibed as “Event Operations and List of Electors [textual records] 1921-1998.” The searcheresults link is http://www.collectionseanada ge.calae= bac/resuligéaneh 2Form=arch_simple&-lang-gng& FormName=MIKAN+Simple+Search&Page Num=1&SortSpec=score+dese& High! ightFields=title%s2Cname& Language-eng& QueryPar sersjacamikané& S ources=mikan& Archives=&SearchIn_1=&SearchInText_l=electors+lists &Operator_ISAND&SearghIn_2-&SearchInText_2=&Operator_2-AND&SearchIn_3-&Se archinText_3=& Media®05B%%05D=&Level=& Material DateOperator=after& Material Date=& Digital mages=& SoureeS& cainInd=& ResultCount=10 These papers are “Restricted by law,” which according to LAC does not mean that a court order is required to view them. Instead, someone at LAC would evaluate the request and advise the requester if he or she ean view them, ‘These materials probably do not include lists of people who voted. LAC describes these materials as “records ereated by Elections Canada regarding event operations and the list of electors. Specific files pertain to enumeration, polling stations, accessibility, retuming officers, support networks, surveys and studies, training votes and voting, writs and reports.” It seems unlikely that eight boxes could contain, in addition to the listed categories of documents, the names of all Canadians who voted in federal elections from 1921 to 1998 ‘Memo: Canadian Elections and Citizenship Procedure and Resources - NOT FOR LEGAL ADVICE By: Anonymous ~- Copy provided courtesy of: http:/ - 7 Feb 2016 Alberta Provineial Elections Elections Alberta, an agency created in 1977, administers Alberta's provincial elections Contact information: tel. 780.427.7191, fax 780.422.2900, e-mail, Suite 100, 11510 Kingsway NW, Edmonton, Alberta TSG 2Y5, Canada. ‘Two Alberta provincial elections took place during Eleanor Cruz’s period of residence in According to political parties. Elections Alberta does compile records that identify people who voted, but those lists are confidential. And such lists for the period 1965 to 1975 no longer exist, Icctions Alberta, voter lists exist but are available only'to candidates and Calgary Municipal Elections The City of Calgary administers its municipal elections. Its archives, according to this link include voters lists:, Complete contact information is at the link. For teferente queries, tel. 403.268.8180, fax 403.268.6731, e-mail archives( Calgary held municipal elections in 1966, 1967. 1968, 1969, 1971, and1974. archivist Carol Stokes, the city’s archives contain voter lists for the period I: the City Clerk’s department compiled. “Those records are available for public viewing in ther archives, Calgary does not, howeyér, Compile any records of lists of persons who have voted. in municipal elections. scording to Calgary’s public library also contains voter lists in its History & Genealogy section. Those materials are available only at the library. Contact information: tel. 403.260.2600, Central Library, 616 Macleod Trail 8.E., Calgary, Alberta, T2G 2M2, Canada, During the relevant period, Calgary’s popillation Was approximately 400,000. To narrow the search for voterllsts, a researcher would need to-know the addresses where the Cruz. family lived in Alberta and then identify the corresponding municipal polling divisions. According, to an artiele in Macleans magazine, “Ted Cruz: Made in Canada,” by Jason Markusoff and Allen’Abel, dated January 13, 2016, Rafael and Eleanor lived in three different places in Calgary. ‘The link to that article is hiip://www polities washington/ted-cruz~ madssin-anada/, ‘The authors report that the first Cruz residence in Calgary was a two-story Spanish colonial (photo shows) in St, Andrews Heights, directly across the street from Foothills General Hospital. In approximately 1973, they moved to Riverdale Avenue, Later, they moved to a townhouse complex in Calgary's southeast suburbs, ‘The authors, who relied on 1970s telephone directories, do not report the street addresses of those residences. The first residence probably was at 1416 29 Street NW because the photo inthe Macleans article shows a house number of 1416 and the house in Google Street View is the same house in a photo accompanying the Macleans article. And it is directly across the street from Foothills Hospital, which is at 1403 29 Street SW. ‘The Googe Street View link is _rd=ssliiq=1416+29 +street nw%2C+ealgary%2C+ralberta, A Memo: Canadian Elections and Citizenship Procedure and Resources - NOT FOR LEGAL ADVICE by: Anonymous -- Copy provided courtesy of: httpu/ - 7 Fob 2015 Calgary Herald article about Ted's birthplace features a photo of the current homeowner posing in front of the same house. http//calearvherald, com news/local-news/birthplace-of- ‘The second residlence probably was at the 920 Riverdale Avenue SW address shown in the 1974 List A search of contemporaneous city directories and telephone directories probably would reveal the third address. Calgary Central Library’s Local History Room has copies of both directories for the period 1965 to 1975. The library allows patrons to examine, photocopy, and photograph these directories at the library. ‘These directories do not leave the Local History Room. ‘The Provincial Archives of Alberta, 780.427.1750, 85558 Roper Road NW, Edmonton, AB TOE SWI. Canada, also contain Calgary city directories for the period 1954 to 1991, According to one source quoted in the Macleans article, Eleanor went by her previous husband’s last name Wilson during at least part of her stay in'Calgary. Her'last name at birth was Darragh. ‘Thus, any search of Calgary directories should eneompass those names as well.