VICTORIA – Elections BC has dismissed complaints from an opposition MLA and the candidate B.C. Liberal MLA Kash Heed defeated in the 2009 B.C. election.

Heed’s former campaign manager Barinder Sall had alleged in an interview with CBC television that there was a further $40,000 in unreported spending by the B.C. Liberal campaign in in Vancouver-Fraserview.

Keith Archer, the new chief electoral officer for Elections BC, announced Thursday that that allegation was examined by police and a special prosecutor investigating the disputed election. Complaints to Elections BC from NDP justice critic Leonard Krog and Gabriel Yiu, the NDP candidate defeated in Vancouver-Fraserview by 748 votes, did not contain any new information and the case is now closed, Archer said.

In August, Heed was fined $8,000 for exceeding election spending limits and had to repay a $5,000 that was overspent, but the judge did not order a new election. Heed has maintained he did not know about the undeclared spending for anonymous brochures targeting the NDP.

Sall and printer Dinesh Khanna pleaded guilty in October to offences under the Elections Act for printing and distributing the Chinese-language brochures, which accused the NDP of supporting the legalization of drugs and prostitution.

Krog said Thursday the election in Vancouver-Fraserview remains tainted, and Heed should at least apologize for what his campaign team did.

Premier Christy Clark has said it will be up to the B.C. Liberal caucus to decide if Heed would be allowed to remain as a party MLA.