Bill 81 — Second Session, 30Th Legislature, 70 Elizabeth Ii the Legislative Assembly of Alberta Bill 81 Election Statutes Amendment Act, 2021 (No. 2) (Legislature 30, Session 2)

L30 S2 11941

Alberta — Bills

2021 Bill 81 Second Session, 30th Legislature, 70 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 81 ELECTION STATUTES AMENDMENT ACT, 2021 (NO. 2) THE MINISTER OF JUSTICE AND SOLICITOR GENERAL First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 81 BILL 81 2021 ELECTION STATUTES AMENDMENT ACT, 2021 (NO. 2) ( A s s e n t e d t o , 2 0 2 1 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Personal Income Tax Act Amends RSA 2000 cA-30 1(1) The Alberta Personal Income Tax Act is amended by this section.

(2) Section 24 is amended (

a) by repealing subsection (1)(b.2); (

b) in subsections (2.1) and (3) by striking out “registered leadership contestant or registered nomination contestant” and substituting “registered leadership contestant”.

1 Explanatory Notes Explanatory Notes Alberta Personal Income Tax Act 1(1) Amends

chapter A-30 of the Revised Statutes of Alberta 2000.

(2) Section 24 presently reads in part: 24(1) In this section, (b.2) “registered nomination cont estant” means a person who is a registered nomination contestant under the Election Finances and Contributions Disclosure Act;

(2.1) In respect of the aggregate amount of contributions under the Election Finances and Contributions Disclosure Act contributed on or after January 1, 2004 by an individual, other than a trust, during a taxation year to a registered party, registered constituency association, registered candidate, registered leadership contestant or registered nomination contestant, that individual may deduct the lesser of the amount of tax payable and an amount equal to (a) 75% of the amount contributed if the aggregate amount of contributions by the individual does not exceed $200,

(3) This

section comes into force on Proclamation. Alberta Senate Election Act Amends SA 2019 cA-33.5 2(1) The Alberta Senate Election Act is amended by this section.

(2) Section 1(1) is amended by adding the following after clause (g): (h) “supervisor of a voting place” means the supervisor of a voting place as referred to in

section 45.1(8) of the Election Act.

(3) Section 2 is amended (

a) by repealing clauses (

a) a nd (

b) and substituting the following: (a) “deputy” means deputy as defined in the Local Authorities Election Act; (b) “election day” means elec tion day as defined in the Election Act or election day as defined in the Local Authorities Election Act, as the case may be;

2 Explanatory Notes (b) $150 plus 50% of the amount contributed in excess of $200 if the aggregate amount of contributions by the individual exceeds $200 but does not exceed $1100, or (

c) if the aggregate amount of c ontributions by the individual exceeds $1100, the lesser of (i) $1000, and (ii) $600 plus 33 1/3% of the amount contributed in excess of $1100.

(3) Payment of each amount that is included in the aggregate amount of contributions in respect of which a deduction is claimed under subsection (2.1) must be proved by filing with the Provincial Minister receipts signed on behalf of the registered party, registered constituency association, registered candidate, registered leadership contestant or registered nomination contestant, as the case may be.

(3) Coming into force. Alberta Senate Election Act 2(1) Amends

chapter A-33.5 of the Statutes of Alberta, 2019.

(2) Section 1(1) presently reads in part: 1(1) In this Act, (g) “Senate nominee” means a person declared elected under this Act.

(3) Section 2 presently reads: 2 In this Part and in the provisions of the Election Act referred to in

section 4 that apply for the purposes of this Part, unless the context provides otherwise, (a) “deputy returning officer” me ans a deputy returning officer under the Election Act or a deputy under the Local Authorities Election Act, as the case may be;

3 (

b) by repealing clause (c); (

c) by adding the following after clause (d): (e) “voting place” means votin g place as defined in the Election Act or voting station as defined in the Local Authorities Election Act, as the case may be.

(4) Section 5(3) is amended (

a) in clause (

a) by striking out “February 1” and substituting “April 1”; (

b) in clause (

d) by striking out “polling day” and substituting “election day”.

(5) Section 7(

f) is amended by striking out “polling day” and substituting “election day”.

(6) Section 8(1) is amended by striking out “59(1.01)(

a) or (b)” and substituting “59(1.01)(b)”.

3 Explanatory Notes (b) “polling day” means polling day as defined in the Election Act or election day as defined in the Local Authorities Election Act, as the case may be; (c) “polling place” means a polling place as defined in the Election Act or a voting station as defined in the Local Authorities Election Act, as the case may be; (d) “returning officer” means a returning officer under the Election Act or a returning officer or a substitute returning officer under the Local Authorities Election Act, as the case may be.

(4) Section 5(3) presently reads in part:

(3) Where an election under this Act is to be held in conjunction with a general election under the Election Act, (

a) in the case of a general election held in accordance with

section 38.1(2) of the Election Act, the order under subsection (1) shall be made at any time during the period commencing February 1 in the year in which the general election is held and ending on the day the writs are issued for the general election, (

d) polling day, if voting is necessary, shall be the same day as the day on which voting is to take place for the general election under the Election Act.

(5) Section 7(

f) presently reads: 7 A person is eligible to be nominated as a candidate in an election under this Act if (

f) the person has been ordinarily resident in Alberta continuously from the day 6 months immediately preceding polling day.

(6) Section 8(1) presently reads: 8(1) At any time during the period referred to in

section 59(1.01)(

a) or (

b) of the Election Act, as the case may be, any 500 or more electors may nominate a person eligible to be a candidate as a candidate by signing a nomination paper in the prescribed form and filing it with the Chief Electoral Officer.

(7) Section 11 is amended (

a) by repealing subsection (1); (

b) in subsection (3) by striking out “polling places on polling day” and substituting “voting places on election day”.

(8) Section 15 is amended (

a) in subsection (1) by striking out “the polls on polling day” and substituting “voting on election day”; (

b) in subsection (3) (

i) by striking out “If” and substituting “In the case of an election held in conjunction with a general election under the Election Act or separately on a date provided for in an order under

section 5, if”; (ii) by striking out the portion following clause (

b) and substituting the following: the Chief Electoral Officer shall advise each returning officer personally or by email or telephone of the withdrawal and, if there is sufficient time, the returning officer shall prepare a notice of withdrawal and distribute a copy to each supervisor of a voting place, who shall post it in a conspicuous location in the voting place. (

c) by adding the following after subsection (3):

(3.1) In the case of an election held in conjunction with the general elections under the Local Authorities Election Act, if (

a) a candidate with draws after the ballots are printed, and

4 Explanatory Notes

(7) Section 11 presently reads in part: 11(1) The Chief Electoral Officer shall not accept a deposit tendered under

section 10(1)(

g) unless it consists of (

a) Bank of Canada notes, (

b) a certified cheque, (

c) a bank or postal money order, or (

d) a combination of any of those forms.

(3) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the deposit must be refunded to the candidate’s chief financial officer.

(8) Section 15 presently reads in part: 15(1) At any time after the filing of a candidate’s nomination paper but not later than 96 hours before the opening of the polls on polling day, the candidate may withdraw by filing with the Chief Electoral Officer a declaration to that effect signed by the candidate and having the candidate’s signature witnessed.

(3) If (

a) a candidate withdraws afte r the ballots are printed, and (

b) there remain more candidates than the number of persons to be elected, the Chief Electoral Officer shall advise each returning officer of the withdrawal and, if there is sufficient time, the returning officer shall prepare a notice of withdrawal and distribute a copy to each deputy returning officer, who shall post it in a conspicuous location in the deputy returning officer’s polling place.

(4) When there is insufficient time to prepare and distribute a notice of withdrawal under subsection (3), the Chief Electoral Officer, when advising the returning officers of the withdrawal, shall instruct each of them to cause a notice of the withdrawal to be prepared by hand, and each deputy returning officer shall post the notice in a conspicuous location in the deputy returning officer’s polling place.

5 (

b) there remain more candidates than the number of persons to be elected, the Chief Electoral Officer shall advise each returning officer personally or by email or telephone of the withdrawal and, if there is sufficient time, the returning officer shall prepare a notice of withdrawal and distribute a copy to each deputy, who shall post it in a conspicuous location in the deputy’s voting place. (

d) by repealing subsection (4) and substituting the following:

(4) When, in acting under subsection (3) or (3.1), there is insufficient time to prepare and distribute a notice of withdrawal, the returning officer, when advising each supervisor of a voting place or deputy of the withdrawal, as the case may be, shall instruct each of those supervisors or deputies to cause a notice of withdrawal to be prepared by hand, and each of those supervisors or deputies shall post the notice in a conspicuous location in the voting place.

(9) Section 16 is amended (

a) in subsection (1) by striking out “the polls” and substituting “voting”; (

b) in subsection (2) (

i) by striking out “If” and substituting “In the case of an election held in conjunction with a general election under the Election Act or separately on a date provided for in an order under

section 5, if”; (ii) by adding “personally or by email or telephone” after “each returning officer”; (iii) by striking out “deputy returning officer” and substituting “supervisor of a voting place”; (iv) by striking out “deputy returning officer’s polling place” and substituting “voting place”; (

c) by adding the following after subsection (2):

5 Explanatory Notes

(9) Section 16 presently reads: 16(1) If at any time after the filing of a candidate’s nomination paper and prior to the closing of the polls a candidate dies and the number of candidates equals or is less than the number of persons to be elected, the Chief Electoral Officer shall (

a) immediately declare the candi date or candidates elected, and (

b) make the Chief Electoral Offic er’s return in the prescribed form certifying the election of the candidate or candidates.

(2) If (

a) a candidate dies after the ballots are printed, and (

b) there remain more candidates than the number of persons to be elected, the Chief Electoral Officer shall advise each returning officer of the death and, if there is sufficient time, the returning officer shall prepare a notice of the death and distribute a copy to each deputy returning officer, who shall post it in a conspicuous location in the deputy returning officer’s polling place.

(2.1) In the case of an election held in conjunction with the general elections under the Local Authorities Election Act, if (

a) a candidate dies after the ballots are printed, and (

b) there remain more candidates than the number of persons to be elected, the Chief Electoral Officer shall advise each returning officer personally or by email or telephone of the death and, if there is sufficient time, the returning officer shall prepare a notice of the death and distribute a copy to each deputy, who shall post it in a conspicuous location in the voting place. (

d) by repealing subsection (3) and substituting the following:

(3) When there is insufficient time to prepare and distribute a notice of death under subsection (2) or (2.1), the Chief Electoral Officer, when advising the returning officers of the death, shall instruct each of them to cause a notice of the death to be prepared by hand, and each supervisor of a voting place or deputy, as the case may be, shall post the notice in a conspicuous location in the voting place.

(10) Section 17(1)(

d) is amended by striking out “polling date” and substituting “date of the election”.

(11) Section 19(4) is repealed and the following is substituted:

(4) Each returning officer shall maintain a record of the quantity of ballots provided (

a) to the supervisor of each voting place in the case of an election held in conjunction with a general election under the Election Act or separately on a date provided for in an order under

section 5, or

6 Explanatory Notes

(3) When there is insufficient time to prepare and distribute a notice of death under subsection (2), the Chief Electoral Officer, when advising the returning officers of the death, shall instruct each of them to cause a notice of the death to be prepared by hand, and each deputy returning officer shall post the notice in a conspicuous location in the deputy returning officer’s polling place.

(10) Section 17(1)(

d) presently reads: 17(1) At 2 p.m. on the date appointed as nomination day the Chief Electoral Officer shall, at the place fixed for the filing of nominations, (

d) announce the polling date and the date and time at which the official results of the election will be announced.

(11) Section 19(4) presently reads:

(4) Each returning officer shall maintain a record of the quantity of ballots provided to the deputy returning officers.

7 (

b) to the deputies in the case of an election held in conjunction with the general elections under the Local Authorities Election Act.

(12) Section 29 is amended (

a) in subsection (1) by striking out “137(1) to (4) and (7)” and substituting “137(1) to (4)”; (

b) in subsection (2)(

a) by striking out “111(5)(a)” and substituting “111(5.2)(a)”.

(13) Section 32 is amended (

a) in subsection (1) (

i) in clause (

b) by striking out “voting at an advance poll” and substituting “advance voting”; (ii) in clause (

c) by striking out “polling day and the hours at which the polling places will open and close” and substituting “the election and voting hours”; (iii) in clause (

d) by striking out “polling day” and substituting “election day”; (

b) in subsection (2) (

i) in clause (

b) by striking out “polling subdivisions” and substituting “voting areas”; (ii) in clause (

c) by striking out “polling places” and substituting “voting places”; (iii) in clause (

d) by striking out “advance polling places” and substituting “voting places”.

7 Explanatory Notes

(12) Section 29 presently reads: 29(1) Except as provided in this Part and the regulations, sections 4.1, 4.11, 4.12, 19.1 and 20,

Part 3 and sections 133, 134, 136, 137(1) to (4) and (7), 140 to 143, 151 and 152 of the Election Act apply to an election under this Act held in conjunction with a general election under the Election Act or held separately on a date fixed in an order under

section 5 as if it were a general election under the Election Act.

(2) For the purposes of this Part, (

a) sections 39, 40, 55, 56, 59 to 67, 82, 83, 101, 111(5)(

a) and 126 to 131 of the Election Act do not apply, and (

b) sections 134.1 and 134.2 of the Election Act do not apply unless the election under this Act is held in conjunction with a general election under the Election Act.

(13) Section 32 presently reads in part: 32(1) The Chief Electoral Officer shall, as soon as possible following the making of the order referred to in

section 5, publish a proclamation in the prescribed form in respect of each electoral division containing the following: (

b) the place, dates and hours fixed for voting at an advance poll if voting is necessary; (

c) the date of polling day and the hours at which the polling places will open and close if voting is necessary; (

d) the place, date and time for announcing the results of the official tabulation, that date being the 10th day after polling day;

(2) A returning officer shall post a copy of the following in the returning officer’s office: (

b) a map of the electoral division, including the numbered polling subdivisions;

(14) Section 33 is amended (

a) in subsection (1) (

i) by striking out “The deputy returning officer” and substituting “An election officer assigned to administer voting”; (ii) in clause (

a) by striking out “polling booths” and substituting “voting booths”; (iii) in clause (

c) by striking out “the deputy returning officer” and substituting “an election officer assigned to assist electors in depositing their ballots in ballot boxes”; (

b) in subsection (3) (

i) by striking out “The deputy returning officer” and substituting “The election officer”; (ii) by striking out “the same ballot the deputy returning officer provided to the voter,” and substituting “a ballot issued by an election officer assigned to administer voting”; (

c) in subsection (4) by striking out “deputy returning officer” and substituting “election officer”.

(15) Section 34 is repealed and the following is substituted: Exception to

section 111(5) and (5.1) of Election Act 34 Notwithstanding

section 111(5) and (5.1) of the Election Act, for the purposes of this Part, the election officer responsible for the count shall reject and place in a rejected ballot envelope any ballot that contains votes for more candidates than the number of persons to be elected.

8 Explanatory Notes (

c) a list of the locations of polling places; (

d) a statement of the availability of barrier-free accessibility to the office of the returning officer and to the advance polling places.

(14) Section 33 presently reads in part: 33(1) The deputy returning officer shall, without inquiring or ascertaining for whom a voter intends to vote, instruct the voter to (

a) proceed to one of the polling booths and there, with the marker provided, mark the voter’s ballot by placing an “X” in the space opposite the name of the candidate or candidates of the voter’s choice, (

c) hand the folded ballot to the deputy returning officer.

(3) The deputy returning officer shall, without unfolding the ballot and in full view of the voter and all present, ascertain by examining the initials that the ballot is the same ballot the deputy returning officer provided to the voter, and return the ballot to the voter so that the voter may place the ballot in the ballot box.

(4) Notwithstanding subsection (3), on being requested by the voter, the deputy returning officer shall place the ballot in the ballot box.

(15) Section 34 presently reads: 34 Notwithstanding

section 111(5)(

d) of the Election Act, for the purposes of this Part, the deputy returning officer shall reject and place in a rejected ballot envelope any ballot that contains votes for more candidates than the number of persons to be elected.

(16) Section 35 is repealed and the following is substituted: Exception to

section 118(1.1) of Election Act 35 Notwithstanding

section 118(1.1) of the Election Act, for the purposes of this Part, a voter may mark only the name of the candidate or candidates, as the case may be.

(17) Section 45 is amended by striking out “returning officer”.

(18) Section 48(2) is amended by striking out “deputy returning officers” and substituting “deputies”.

(19) This

section comes into force on Proclamation. Citizen Initiative Act Amends SA 2021 cC-13.2 3(1) The Citizen Initiative Act is amended by this section.

(2) Section 1(1)(

m) is amended by striking out “post-polling-day list” wherever it occurs and substituting “post-election-day list”.

(3) Section 2(8)(

b) is amended by adding “the Election Commissioner,” after “Chief Electoral Officer,”.

(4) Section 3(5) is amended (

a) in clause (

a) by striking out “post-polling-day list” and substituting “post-election-day list”;

9 Explanatory Notes

(16) Section 35 presently reads: 35 Notwithstanding

section 118(1) of the Election Act, for the purposes of this Part, a voter may mark only the name of the candidate or candidates, as the case may be.

(17) Section 45 presently reads: 45 Notwithstanding

section 45 of the Local Authorities Election Act, for the purposes of this Part, the deputy returning officer shall post a copy of the bulletin referred to in

section 90(1) of the Election Act.

(18) Section 48(2) presently reads:

(2) Each returning officer shall add together the ballot accounts as prepared by the deputy returning officers.

(19) Coming into force. Citizen Initiative Act 3(1) Amends

chapter C-13.2 of the Statutes of Alberta, 2021.

(2) Section 1(1)(

m) presently reads: 1(1) In this Act, (m) “post-polling-day list of el ectors” means the post-polling-day list of electors referred to in

section 19 of the Election Act;

(3) Section 2(8)(

b) presently reads:

(8) The following are disqualified from submitting an application: (

b) the Chief Electoral Officer, an election officer or an individual who is otherwise a member of the Chief Electoral Officer’s office staff;

(4) Section 3(5) presently reads in part:

(5) In addition to the information referred to in subsection (3)(b), the Chief Electoral Officer may, as the Chief Electoral Officer

10 (

b) in clause (c)(

i) a nd (ii) by striking out “post-polling-day list” and substituting “post-election-day list”.

(5) Section 7(2)(

b) and (3) are amended by striking out “polling day” and substituting “election day”.

(6) Section 11(1)(

a) is amended by striking out “a notice referred to in

section 9(7)” and substituting “a notice referred to in

section 9(3) or (4)(b)”.

10 Explanatory Notes considers appropriate, publish the following on the Chief Electoral Officer’s website: (

a) the total number of electors in the Province on the post-polling-day list of electors for the previous general election; (

c) in the case of a constitutional referendum proposal, (

i) the total number of elector al divisions as of the most recent post-polling-day list of electors, (ii) the total numbers of electors in each electoral division on the most recent post-polling-day list of electors,

(5) Section 7 presently reads in part:

(2) In order to continue the initiative petition, the proponent shall (

b) as soon as practicable and not later than 30 days after polling day, notify the Chief Electoral Officer in the form and manner determined by the Chief Electoral Officer that the proponent seeks to continue the initiative petition.

(3) If satisfied that the proponent has met the requirements to continue the initiative, the Chief Electoral Officer shall, as soon as practicable, and not later than 60 days after polling day, continue the petition by (

a) publishing on the Chief Electoral Officer’s website (

i) a notice that the petition has been continued, and (ii) the dates of the extended initiative petition signing period, and (

b) issuing new signature shee ts that are marked as being provided under this section.

(6) Section 11(1) presently reads in part: 11(1) The Chief Electoral Officer shall publish a notice on the Chief Electoral Officer’s website indicating that the petition was unsuccessful (

a) if the Chief Electoral Officer publishes a notice referred to in

section 9(7), or

11 (7)

Section 18(4) is repealed.

(8) The following is added after

section 18: Initiative vote regulations 18.1 The Lieutenant Governor in Council may make regulations for the purposes of this Part (

a) governing plebiscites, general elections, mail-in balloting and special balloting for the purposes of an initiative vote; (

b) generally respecting any other matters and things relating to the holding and conduct of an initiative vote that the Lieutenant Governor in Council considers appropriate.

(9) Section 24(1) is amended (

a) in clause (

c) by striking out “or” at the end of subclause (iv), by adding “or” at the end of subclause (

v) and by adding the following after subclause (v): (vi) communication by a person or entity listed in clause (g). (

b) in clause (g)(vii) by striking out “registered”.

11 Explanatory Notes

(7) Section 18 presently reads in part:

(4) Without limiting subsection (2), the provisions of the Election Act governing plebiscites, general elections and mail-in balloting apply with all necessary modifications to an initiative vote, and the order under subsection (2) may adapt any provisions of the Election Act or the Election Finances and Contributions Disclosure Act as the Lieutenant Governor in Council considers appropriate for the purposes of the initiative vote.

(8) Initiative vote regulations.

(9) Section 24(1) presently reads in part: 24(1) In this Part, (c) “initiative advertising” means , subject to subsection (3), the transmission to the public by any means during an initiative petition period of advertising that promotes or opposes an initiative petition, the legislation, policy or constitutional question proposed by the initiative petition or the subject-matter of the legislation, policy or constitutional question, and for greater certainty does not include (

v) communication by the Government in any form; (g) “third party” means an individual, corporation, organization or group, but does not include the following: (vii) a registered nomination contestant;

12 (10)

Section 43(2) is amended by striking out “polling day” and substituting “election day”.

(11) Section 48 is amended (

a) by adding the following after subsection (1):

(1.1) Except as provided in subsection (2), the Election Commissioner, any former Election Commissioner and every individual who is or was employed or engaged by Elections Alberta to carry out the duties of the Election Commissioner shall maintain the confidentiality of all information, complaints and allegations that come to their knowledge. (

b) in subsection (2) by adding the following after clause (a): (a.1) by the Chief Elector al Officer to the Election Commissioner, or by the Election Commissioner to the Chief Electoral Officer, for the purpose of carrying out powers, duties and functions under this Act,

(12) Section 66(1) is amended by striking out “If” and substituting “After completing an investigation, if”.

12 Explanatory Notes (10)

Section 43(2) presently reads:

(2) Funds remaining in the initiative advertising account after the polling day established for the purposes of an initiative vote, or following the earlier withdrawal, conclusion or termination of an initiative petition or an initiative vote, shall, subject to the regulations, be dealt with in one or more of the following ways: (

a) by donating the funds to a registered charity; (

b) by returning the funds to the contributor if the contributor can be identified; (

c) if the funds or any portion of the funds cannot be dealt with in accordance with clauses (

a) and (b), by paying the funds, or that portion of the funds, as the case may be, to the Chief Electoral Officer.

(11) Section 48 presently reads in part: 48(1) Except as provided in subsection (2), the Chief Electoral Officer, any former Chief Electoral Officer and every individual who is or was employed or engaged by the Office of the Chief Electoral Officer to carry out the duties of the Chief Electoral Officer shall maintain the confidentiality of all information, complaints and allegations that come to their knowledge.

(2) Information, complaints and allegations to which subsection (1) applies may be disclosed (

a) by the Chief Electoral Officer to a delegate referred to in

section 52 for the purpose of carrying out delegated powers, duties and functions under this Act,

(12) Section 66(1) presently reads: 66(1) If the Election Commissioner is of the opinion that a person has contravened a provision of this Act or a provision that is specified for the purposes of this

section in the regulations, the Election Commissioner may, in accordance with the regulations, by notice in writing given to that person, require that person to pay an administrative penalty in the amount set out in the notice for each contravention.

(13) Section 70 is amended by striking out “Chief Electoral Officer” and substituting “Election Commissioner”. Election Act Amends RSA 2000 cE-1 4(1) The Election Act is amended by this section.

(2) Section 1 is amended (

a) in subsection (1) (

i) by repealing clause (

a) and substituting the following: (a) “advance voting” means voting under

section 98; (a.1) “advance voting place” means a place where one or more voting stations are provided for the purpose of advance voting; (ii) in clause (b.1) (

A) by repealing subclause (i); (

B) in subclause (ii) (

I) by striking out “held other than in accordance with

section 38.1(2)”; (II) by striking out “polling day” and substituting “election day”; (

C) by repealing subclause (iii); (

D) in subclause (iii.1) (

I) by striking out “held other than in accordance with

section 38.1(2)”; (II) by striking out “polling day” and substituting “election day”;

13 Explanatory Notes

(13) Section 70 presently reads: 70 No prosecution shall be instituted under this Act without the consent of the Chief Electoral Officer. Election Act 4(1) Amends

chapter E-1 of the Revised Statutes of Alberta 2000.

(2) Section 1 presently reads in part: 1(1) In this Act, (a) “advance poll” means a poll taken in advance of polling day; (b.1) “campaign period” means (

i) in the case of a general election held in accordance with

section 38.1(2), the period commencing on February 1 in the year in which the election is held and ending 2 months after polling day, (ii) in the case of a general election held other than in accordance with

section 38.1(2), the period commencing with the issue of a writ for the election and ending 2 months after polling day, (iii) in the case of an election under the Alberta Senate Election Act held in conjunction with a general election held in accordance with

section 38.1(2), the period commencing on February 1 in the year in which the election is held and ending 2 months after polling day, (iii.1) in the case of an election under the Alberta Senate Election Act held in conjunction with a general election held other than in accordance with

section 38.1(2), the period commencing with the issue of a writ for the election and ending 2 months after polling day, (iii.2) in the case of an election under the Alberta Senate Election Act held separately on a date provided for in an order under

section 5(1) of that Act, the period commencing on the date that the order under

section 5(1) of that Act is passed and ending 2 months after polling day, and

14 (

E) in subclauses (iii.2) and (iv) by striking out “polling day” and substituting “election day”; (iii) by adding the following after clause (f): (f.1) “council” means “council of the band” as defined in the Indian Act (Canada); (iv) by adding the follo wing after clause (h.1): (h.2) “election day” means the day set for voting during an election; (

v) by repealing clause (

i) and substituting the following: (i) “election officer” m eans a returning officer appointed under

section 9, an election clerk appointed under

section 47, a person appointed under

section 45.1 or any other person appointed under

section 4(3)(c); (vi) in clause (j)(

i) by striking out “polling day” and substituting “election day”; (vii) in clause (

m) by striking out “section 23” and substituting “section 22”; (viii) by adding the following after clause (n): (n.1) “Indian band” means band as defined in the Indian Act (Canada); (ix) by repealing clause (

s) and substituting the following: (s) “mobile vote” means a vote conducted pursuant to

section 120; (s.1) “mobile voting” means voting under

section 120; (s.2) “mobile voting place” means a place where one or more voting stations are provided for the purpose of mobile voting; (

x) by repealing clauses (v), (w), (x), (

y) and (z);

14 Explanatory Notes (iv) in the case of a by-el ection, the period commencing with the issue of a writ for the by-election and ending 2 months after polling day; (f) “corrupt practice” means any act or omission that is a corrupt practice under this Act; (h.1) “Election Commissioner” means the Election Commissioner appointed pursuant to the Public Service Act; (i) “election officer” means a re turning officer, election clerk, administrative assistant, supervisory deputy returning officer, registration officer, deputy returning officer, poll clerk, information officer or any other person appointed under

section 4(3)(c); (j) “elector” means a person who on (

i) polling day, in the case of an election, or (m) “enumerator” means a person appointed under

section 23; (n) “general election” means an election where election writs are issued for elections in all electoral divisions; (s) “mobile poll” means a pol ling station established under

section 120; (v) “poll book” means a poll book referred to in

section 100(1); (w) “polling day” means the day fixed for voting at an election; (x) “polling place” means a pl ace where one or more polling stations are provided for the purpose of voting at an election; (y) “polling station” means a place where an elector casts the elector’s vote; (z) “polling subdivision” means a polling subdivision referred to in

section 14(b); (ff) “scrutineer” means an electo r who is authorized to represent a candidate at a polling station; (hh.1) “special mobile poll” means a special mobile poll established under

section 125.1;

15 (xi) by repealing clause (z .1) and substituting the following: (z.1) “record” means a record of information in any form and includes notes, images, audiovisual recordings, x-rays, books, documents, maps, drawings, photographs, letters, vouchers and papers and any other information that is written, photographed, recorded or stored in any manner, but does not include software or any mechanism that produces records; (xii) in clause (cc.1) by striking out “111(5)” and substituting “111(5.2)”; (xiii) in clause (ff) by striking out “polling station” and substituting “voting place”; (xiv) by adding the following after clause (ff): (ff.1) “settlement administrator” means settlement administrator as defined in the Metis Settlements Act; (ff.2) “settlement council” mean s the settlement council as defined in the Metis Settlements Act; (xv) by repealing clause (hh.1); (xvi) by adding the following after clause (jj): (jj.1) “Statement of Vote” m eans the record of the count completed under

section 111 that includes the number of votes cast and the number of unused ballots, declined ballots, spoiled ballots, valid ballots and rejected ballots in the format prescribed by the Chief Electoral Officer; (xvii) by repealing clause (kk); (xviii) by adding the follo wing after clause (mm): (mm.1) “voting area” means a voting area referred to in

section 14(b);

15 Explanatory Notes (jj) “Standing Committee” means the Standing Committee on Legislative Offices; (kk) “subdivision” means a subdi vision referred to in

section 14(a); (mm) “voting” means voting at an election or plebiscite;

(5) Where this Act requires a document or record to be filed, established, maintained, returned, transmitted, produced, submitted or served, the Chief Electoral Officer may specify whether that document or record must be in printed form or in electronic form, or both.

16 (mm.2) “voting place” means a place where one or more voting stations are provided for the purpose of voting at an election; (mm.3) “voting record” mean s a record containing the information described in

section 17 that is used (

i) to allow election office rs to determine who is on the list of electors, (ii) to make any required updates to the personal information of electors, (iii) to add electors who have taken a declaration under

section 100.4 or 100.5, (iv) to record which electors have voted, and (

v) to make any required annotations regarding the voting process; (mm.4) “voting station” means a place within a voting place, advance voting place or mobile voting place where an elector casts the elector’s vote or advance vote; (

b) by adding the following after subsection (5):

(6) When this Act requires that a document be filed with, returned, transmitted or submitted to, produced for or served on the Chief Electoral Officer or a returning officer, this obligation is met when the document is actually received by the Chief Electoral Officer or the returning officer, as the case may be.

(3) Section 3 is amended (

a) in subsection (3) by striking out “polling day for a general election” and substituting “election day for the 2nd general election held after the Chief Electoral Officer was appointed”; (

b) by adding the following after subsection (3):

(3.1) Despite subsection (3), the appointment of the Chief Electoral Officer appointed prior to the coming into force of

section 4(3) of the Election Statutes Amendment Act, 2021 (No. 2)

16 Explanatory Notes (3)

Section 3(3) presently reads:

(3) The appointment of the Chief Electoral Officer expires 12 months after polling day for a general election unless the Chief Electoral Officer is reappointed by the Lieutenant Governor in Council prior to that date on the recommendation of the Standing Committee.

17 expires 12 months after election day for the next general election after the coming into force of that subsection unless the Chief Electoral Officer is reappointed by the Lieutenant Governor in Council prior to that date on the recommendation of the Standing Committee.

(4) Section 3.1(1) is amended by striking out “or the Election Finances and Contributions Disclosure Act” and substituting “, the Citizen Initiative Act, the Recall Act or the Election Finances and Contributions Disclosure Act”.

(5) Section 4 is amended (

a) in subsection (1)(

b) a nd (

c) by striking out “and the Alberta Senate Election Act” and substituting “, the Alberta Senate Election Act and any other Act to which this Act applies”; (

b) in subsection (2)(

a) by striking out “and the Election Finances and Contributions Disclosure Act” and substituting “, the Election Finances and Contributions Disclosure Act and any other Act to which this Act applies”; (

c) by adding the following after subsection (2.1):

(2.2) Subject to regulations made under

section 207(1)(d), the Chief Electoral Officer may prescribe oaths for the purposes of this Act. (

d) in subsection (3) (

i) in the portion preceding clause (

a) by striking out “a plebiscite or referendum under any other Act to which this Act applies” and substituting “a petition, plebiscite, referendum or vote under any other Act to which this Act applies”; (ii) in clause (

d) by striking out “polling stations” and substituting “voting stations”;

17 Explanatory Notes

(4) Section 3.1(1) presently reads: 3.1(1) Before beginning the duties of office, the Chief Electoral Officer shall take an oath to perform the duties of the office faithfully and impartially and, except as provided in this Act, the Alberta Senate Election Act or the Election Finances and Contributions Disclosure Act, not to disclose any information received by the Office of the Chief Electoral Officer under this or any other Act.

(5) Section 4 presently reads in part: 4(1) The Chief Electoral Officer shall (

b) enforce fairness and impartiali ty on the part of all election officers in the conduct of their duties and compliance with this Act and the Alberta Senate Election Act; (

c) issue to election officers any guidance, direction and information the Chief Electoral Officer considers necessary to ensure the effective carrying out of their duties under this Act and the Alberta Senate Election Act;

(2) The Chief Electoral Officer shall from time to time (

a) provide the public with information about the election process, the democratic right to vote, the right to be a candidate and, generally, about the operation of this Act and the Election Finances and Contributions Disclosure Act,

(2.1) The Chief Electoral Officer may from time to time meet with representatives of the registered political parties that are represented in the Legislative Assembly concerning the election process or activities under this Act, the Election Finances and Contributions Disclosure Act or the Alberta Senate Election Act.

(3) The Chief Electoral Officer may, where the Chief Electoral Officer considers it necessary for the efficient conduct of an election, enumeration or plebiscite under this Act, an election under the Alberta Senate Election Act or a plebiscite or referendum under any other Act to which this Act applies,

18 (

e) in subsections (3.1) to (3.4) by striking out “polling place” wherever it occurs and substituting “voting place”; (

f) by adding the following after subsection (3.4):

(3.41) Despite subsection (3.4), in the case of advance voting, voting adjourned under subsection (3.1) (

a) may be recommenced on another day, and (

b) must continue, when recommenced, so that the total number of hours the advance voting place is open for the purpose of voting is the same number of hours that the advance voting place was scheduled to be open. (

g) in subsection (3.9) by striking out “, deputy returning officers”; (

h) in subsection (5) (

i) in the portion preceding clause (

a) by striking out “a plebiscite or referendum under any other Act” and substituting “a petition, plebiscite, referendum or vote under any other Act”; (ii) in clause (

a) by striking out “by-election, plebiscite or referendum” and substituting “by-election, petition, plebiscite, referendum or vote”.

18 Explanatory Notes (

d) increase the number of polling stations,

(3.1) Notwithstanding subsection (3), if, in the Chief Electoral Officer’s opinion, an emergency, disaster, or an unusual or unforeseen circumstance requires delaying the opening of a polling place or interrupting voting at a polling place, the Chief Electoral Officer may adjourn voting at that polling place to another time on the same day at the same polling place or to the same time or another time on the same day at a different polling place if the emergency, disaster, or unusual or unforeseen circumstance (

a) has a significant effect on the ability of the Chief Electoral Officer or a returning officer to conduct an election, (

b) has a significant effect on the ability of electors to attend a polling place, or (

c) puts or may put the health or safety of persons in an electoral division at risk.

(3.2) The Chief Electoral Officer shall immediately notify registered political parties, registered candidates and registered candidates’ official agents in the affected electoral division about any change in voting hours or the location of a polling place made under subsection (3.1) and publish the change on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary.

(3.3) If a different polling place is fixed under subsection (3.1), the returning officer shall cause a conspicuous sign that clearly and accurately states the location of the new polling place to be attached to the original place where the polling place was to be located.

(3.4) Voting adjourned under subsection (3.1) must, when recommenced, continue so that the total number of hours the polling place is open for the purpose of voting is the same as that required under

section 88(1)(c).

(3.9) If voting is adjourned under subsection (3.1) or the election is discontinued under subsection (3.5), returning officers, deputy returning officers and election officers must make all reasonable efforts to ensure that the election materials are secured and that the integrity of the election is not compromised.

(5) The Chief Electoral Officer shall, immediately after each enumeration, general election, election under the Alberta Senate

(6) Section 4.11 is amended (

a) in subsection (2) (

i) in the portion preceding clause (

a) by striking out “at an advance poll or special mobile poll by electors who reside in an electoral division other than in the electoral division for which the advance poll or special mobile poll is established” and substituting “at an advance voting place”; (ii) in clause (a)(

i) by striking out “advance poll or special mobile poll” wherever it occurs and substituting “advance voting place”; (

b) in subsection (3) (

i) by repealing clauses (

b) a nd (

c) and substituting the following: (

b) voting at an advance voting place; (

c) voting at a mobile voting place; (ii) by repealing clause (d); (iii) by repealing clause (

f) and substituting the following: (

f) voting on election day.

(7) Section 4.12(2)(

b) is amended by striking out “polls” and substituting “voting”.

19 Explanatory Notes Election Act, by-election or plebiscite or a plebiscite or referendum under any other Act, prepare and have printed a report including (

a) a

summary of the Chief Electoral Officer’s conduct respecting the enumeration, general election, election under the Alberta Senate Election Act, by-election, plebiscite or referendum, as the case may be,

(6) Section 4.11 presently reads in part:

(2) The Chief Electoral Officer, with respect to voting at an advance poll or special mobile poll by electors who reside in an electoral division other than in the electoral division for which the advance poll or special mobile poll is established, (

a) may make a directive (

i) describing the procedures to be used for voting at the advance poll or special mobile poll, including (

A) providing for the form and printing of ballots for use at the advance poll or special mobile poll,

(3) The Chief Electoral Officer’s directive under subsection (1) may apply to any one or more of the following: (

b) voting at an advance poll; (

c) voting at a mobile poll; (

d) voting at a special mobile poll; (

f) voting at a poll held on polling day.

(7) Section 4.12(2)(

b) presently reads:

(2) The following restrictions apply with respect to the use of accessible voting equipment: (

b) the equipment must not be part of or connected to an electronic network, except that the equipment may be securely connected to a network after the close of polls for the purpose of transmitting information to the Chief Electoral Officer;

(8) Section 4.2(2) is amended by striking out “books or documents” wherever it occurs and substituting “records”.

(9) Section 5(1.2) is amended by striking out “and the Alberta Senate Election Act” and substituting “, the Alberta Senate Election Act, the Citizen Initiative Act and the Recall Act”.

(10) Section 5.1 is amended (

a) in subsection (1) (

i) by adding “or a returning officer” after “Chief Electoral Officer” wherever it occurs; (ii) by striking out “or the Alberta Senate Election Act” and substituting “, the Alberta Senate Election Act, the Citizen Initiative Act or the Recall Act”; (

b) in subsection (2) by striking out “or the Alberta Senate Election Act” and substituting “, the Alberta Senate Election Act, the Citizen Initiative Act or the Recall Act”.

(11) Section 9 is amended (

a) in subsection (1) by striking out “with elections, enumerations and plebiscites under this Act” and substituting “with elections, enumerations, plebiscites and

20 Explanatory Notes

(8) Section 4.2(2) presently reads:

(2) For the purpose of carrying out an inquiry under this Act, a representative of the Chief Electoral Officer, on production of the representative’s authorization from the Chief Electoral Officer, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a political party, constituency association or candidate relevant to the subject-matter of the inquiry are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies.

(9) Section 5(1.2) presently reads:

(1.2) Whether or not there is an appointed Election Commissioner, the Chief Electoral Officer has all the powers, duties and functions of the Election Commissioner for the purposes of this Act, the Election Finances and Contributions Disclosure Act, the Local Authorities Election Act and the Alberta Senate Election Act and the Election Commissioner exercises or performs those powers, duties and functions subject to any restrictions, limitations or directions that the Chief Electoral Officer may specify.

(10) Section 5.1 presently reads: 5.1(1) No proceedings lie against the Chief Electoral Officer, or against a person acting for or under the direction of the Chief Electoral Officer, for anything done, or omitted to be done, in good faith in the exercise or performance or the intended exercise or performance of a power, duty or function under this Act, the Election Finances and Contributions Disclosure Act or the Alberta Senate Election Act.

(2) No proceedings lie against the Election Commissioner, or against a person acting for or under the direction of the Election Commissioner, for anything done, or omitted to be done, in good faith in the exercise or performance or the intended exercise or performance of a power, duty or function under this Act, the Election Finances and Contributions Disclosure Act, the Local Authorities Election Act or the Alberta Senate Election Act.

(11) Section 9 presently reads in part: 9(1) The Chief Electoral Officer may appoint a returning officer for each electoral division for the purposes of or in connection with

21 votes under this Act, the Citizen Initiative Act or the Recall Act”; (

b) by adding the following after subsection (1.1):

(1.2) If a recall vote under the Recall Act is to be conducted under this Act before returning officers are appointed under subsection (1), returning officers may be appointed for the purpose of the recall vote. (

c) in subsection (3)(

a) by striking out “polling subdivision” and substituting “voting area”.

(12) Section 10(3) is amended by striking out “polling day” and substituting “the election day”.

(13) Section 12 is amended in the portion preceding clause (

a) by striking out “, election clerk or administrative assistant” and substituting “or election clerk”.

(14) Section 13 is amended (

a) in subsection (1) (

i) by striking out “polling subdivisions” and substituting “voting areas”; (ii) by adding “, petitions, plebiscites or votes under the Citizen Initiative Act or the Recall Act” after “elections under the Alberta Senate Election Act”; (

b) by adding the following after subsection (2)(c): (c.1) the email address of the person, if the person has consented to the collection and use of their email address, (

c) by adding the following after subsection (2):

(2.1) A person may be added to the register of electors when the Chief Electoral Officer has the information with respect to that person that is referred to in subsection (2)(a), (b), (

e) and (f).

21 Explanatory Notes elections, enumerations and plebiscites under this Act and elections under the Alberta Senate Election Act.

(1.1) If a by-election, an election under the Alberta Senate Election Act or a plebiscite is to be conducted under this Act before returning officers are appointed under subsection (1), returning officers may be appointed for the purpose of the by-election, election under the Alberta Senate Election Act or plebiscite.

(3) In addition to performing the duties specified in this or any other Act, a returning officer shall (

a) from time to time review polling subdivision boundaries on the direction of the Chief Electoral Officer,

(12) Section 10(3) presently reads:

(3) The appointment of a returning officer expires 4 months after polling day of the general election in which the returning officer was a returning officer unless it is sooner terminated.

(13) Section 12 presently reads in part: 12 No person who has been appointed or is acting as a returning officer, election clerk or administrative assistant may

(14) Section 13 presently reads in part: 13(1) The Chief Electoral Officer shall maintain a register of electors from which lists of electors for polling subdivisions for each electoral division may be compiled for use at general elections, by-elections or plebiscites under this Act, elections under the Alberta Senate Election Act or referendums or plebiscites under any other Act.

(2) The register of electors may only contain the following information about persons ordinarily resident in Alberta who are electors or will be eligible to be electors: (

a) the residential address, including the postal code, of the residence of the person, and the mailing address, including the postal code, if the mailing address is different from the residential address, (

b) the surname, given name and any middle name of the person,

(15) Section 13.1 is amended (

a) in subsection (2)(

a) by striking out “a door-to-door” and substituting “an”; (

b) in subsection (2.1) by striking out “must” and substituting “may”; (

c) by adding the following after subsection (2.1):

(2.2) The Chief Electoral Officer shall enter in the register any information listed in

section 13(2) that is collected during an election period.

(16) Section 13.2(3) is amended by adding “providing or” after “purpose of”.

(17) Section 13.3 is amended (

a) in subsection (1)(

b) by striking out “his or her personal information removed from or not included in the register” and substituting “a notation made in the register that the person does not want to have their personal information included in a list of electors”;

22 Explanatory Notes (

c) the telephone number of the person, (

d) the gender of the person, (

e) the citizenship of the person, (

f) the date of birth of the person, (

g) the permanent unique identifier number assigned under subsection (4), and (

h) any other identification num ber assigned by other persons who provide information to the Chief Electoral Officer under

section 13.1 or pursuant to an agreement under

section 13.2 to assist in distinguishing a person from another person or verifying information about a person.

(15) Section 13.1 presently reads in part:

(2) The register may be revised by any or all of the following methods: (

a) conducting a door-to-door enumeration in accordance with Division 3 of all or some of the electoral divisions, or portions of any of them, as determined by the Chief Electoral Officer;

(2.1) If information has been collected under the Alberta Personal Income Tax Act with the consent of the taxpayers to whom the information relates for the purpose of updating the list of electors, the Chief Electoral Officer must use that information to revise the register.

(16) Section 13.2(3) presently reads:

(3) The Chief Electoral Officer may enter into agreements with any person for the purpose of obtaining address, mapping, demographic or geographic information, including geospatial information.

(17) Section 13.3 presently reads in part: 13.3(1) A person or the person’s agent may, on request and in the manner determined by the Chief Electoral Officer, (

b) have his or her personal in formation removed from or not included in the register.

23 (

b) by repealing subsection (2) and substituting the following:

(2) Where a person has requested that a notation be made under subsection (1)(b), the Chief Electoral Officer must ensure that the person’s personal information is not included in a list of electors. (

c) by repealing subsection (3) and substituting the following:

(3) Any person or agent of a person requesting access to information in the register shall complete and sign a declaration.

(18) Section 14 is amended (

a) in clause (

a) by striking out “subdivision” and substituting “voting area”; (

b) by repealing clause (

b) and substituting the following: (

b) subdivide the entire electoral division for which the returning officer was appointed into as many sequentially numbered areas as considered necessary for use as voting areas in any general election, by-election, petition, plebiscite, referendum or vote. (

c) by striking out the por tion following clause (b).

(19) Section 15(1) is amended (

a) by striking out “polling subdivisions” and substituting “voting areas”; (

b) by striking out “general election, by-election, referendum or plebiscite” and substituting “general election, by-election, petition, plebiscite, referendum or vote”.

(20) Section 16(

d) is amended by striking out “subdivision” and substituting “voting area”.

23 Explanatory Notes

(2) Where a request is made under subsection (1)(b), the Chief Electoral Officer must remove the person’s personal information from the register or not include the person’s personal information in the register.

(3) Any person requesting access to information for the purpose set out in subsection (2) shall complete and sign a declaration.

(18) Section 14 presently reads: 14 The Chief Electoral Officer shall, from time to time, in consultation with the returning officer for each electoral division, (

a) review the boundary of and the number of electors in each subdivision, and (

b) if necessary, subdivide the entire electoral division for which the returning officer was appointed into as many sequentially numbered subdivisions as considered necessary for use as polling subdivisions in any general election, by-election, referendum or plebiscite and shall attempt to ensure, as far as possible, that no subdivision contains more than 450 electors.

(19) Section 15(1) presently reads: 15(1) Lists of electors for polling subdivisions for each electoral division to be used for a general election, by-election, referendum or plebiscite are to be compiled from the register.

(20) Section 16 presently reads in part: 16 Subject to

section 45, a person is eligible to have the person’s name included on a list of electors if that person as of a date fixed by the Chief Electoral Officer

(21) Section 18 is amended (

a) in subsection (2) (

i) in clause (a) (

A) in subclause (

i) by striking out “polling subdivisions” and substituting “voting areas”; (

B) in subclause (ii) (

I) by adding “registered” before “political party’s”; (II) by striking out “polling subdivision” and substituting “voting area”; (ii) in clause (b) (

A) in subclause (

i) by striking out “polling subdivisions” and substituting “voting areas”; (

B) in subclause (ii) by striking out “polling subdivision” and substituting “voting area”; (

b) in subsection (3) (

i) in clause (

a) by striking out “polling subdivisions” and substituting “voting areas”; (ii) in clause (b) (

A) by adding “registered” before “political party’s”; (

B) by striking out “polling subdivision” and substituting “voting area”; (

c) by adding the following after subsection (3):

(3.1) The Chief Electoral Officer shall, following the close of revisions to the list of electors under

section 50, furnish free of charge

24 Explanatory Notes (

d) is ordinarily resident in th e electoral division and subdivision for which that person is to have the person’s name included on the list of electors.

(21) Section 18 presently reads in part:

(2) The information to be furnished under subsection (1) is as follows: (

a) to a registered political party, (i) 2 maps showing the polling subdivisions in each electoral division, and (ii) in accordance with the political party’s request, one printed copy or one copy in electronic form, or both, of the list of electors for each polling subdivision in each electoral division, and (

b) to a member of the Legisla tive Assembly who is not a member of a registered political party, (i) 2 maps showing the polling subdivisions, and (ii) in accordance with the member’s request, one printed copy or one copy in electronic form, or both, of the list of electors for each polling subdivision in the electoral division that the member represents.

(3) The Chief Electoral Officer shall, as soon as possible after a writ has been issued for a general election, furnish free of charge to each registered political party, (a) 2 maps showing the polling subdivisions in each electoral division, and (

b) in accordance with the polit ical party’s request, one printed copy or one copy in electronic form, or both, of the list of electors for each polling subdivision in each electoral division.

(4) The Chief Electoral Officer is not required to furnish copies of the maps and lists of electors under subsection (1) or (3) if there has been no change to the boundaries, the maps or the information in

25 (

a) to each registered political party, one printed copy or one copy in electronic form, or both, in accordance with the political party’s request, of the additions to the list of electors for each voting area in each electoral division, and (

b) to each candidate who has filed nomination papers, one printed copy or one copy in electronic form, or both, in accordance with the candidate’s request, of the additions to the list of electors for each voting area in the electoral division in which the candidate is seeking election.

(3.2) The Chief Electoral Officer shall, following the close of advance voting, furnish free of charge (

a) to each registered political p arty, one copy in electronic form of the revised list of electors for each voting area in each electoral division, and (

b) to each candidate who has filed nomination papers, one copy in electronic form of the revised list of electors for each voting area in the electoral division in which the candidate is seeking election. (

d) in subsection (4) by striking out “subsection (1) or (3)” wherever it occurs and substituting “subsection (1), (3), (3.1) or (3.2)”; (

e) in subsection (5) by striking out “polling subdivision” wherever it occurs and substituting “voting area”; (

f) in subsection (6) by striking out “subsection (1) or (3)” and substituting “subsection (1), (3) or (3.1)”.

(22) Section 19 is amended (

a) by repealing subsection (1) and substituting the following: Post-election-day list of electors 19(1) The Chief Electoral Officer shall, within a reasonable period of time after election day for a general election, prepare a post-election-day list of electors for each voting area in each electoral division.

25 Explanatory Notes the register that is used to compile the lists of electors since the Chief Electoral Officer last furnished copies of the boundaries, maps and lists of electors pursuant to subsection (1) or (3), as the case may be.

(5) The Chief Electoral Officer shall, on request and payment of the cost to produce the information as determined by the Chief Electoral Officer, furnish (

a) to a registered political party in accordance with the political party’s request, one printed copy or one copy in electronic form, or both, of the list of electors for each polling subdivision in each electoral division, and (

b) to each member of the Legislative Assembly in accordance with the member’s request, one printed copy or one copy in electronic form, or both, of the list of electors for each polling subdivision in the electoral division that the member represents.

(6) A member or a registered political party may request additional copies of the lists of electors in addition to those furnished under subsection (1) or (3) on providing a reason for the additional copies and on payment of an amount determined by the Chief Electoral Officer.

(22) Section 19 presently reads: 19(1) The Chief Electoral Officer shall, forthwith after polling day for a general election, prepare a post-polling-day list of electors for each polling subdivision in each electoral division.

(2) The Chief Electoral Officer shall furnish free of charge (

a) to each registered political party, one printed copy or one copy in electronic form, or both, in accordance with the political party’s request, of the post-polling-day list of

26 (

b) in subsection (2) (

i) by striking out “post-polling-day” wherever it occurs and substituting “post-election-day”; (ii) by striking out “polling subdivision” wherever it occurs and substituting “voting area”.

(23) Section 20(2) is amended by striking out “post-polling-day” and substituting “post-election-day”.

(24) Section 21 is repealed and the following is substituted: Enumerations 21(1) The Chief Electoral Officer may, at any time the Chief Electoral Officer considers advisable, conduct an enumeration, or direct a returning officer to conduct an enumeration, of some or all of the electoral divisions, or within an electoral division, by any means the Chief Electoral Officer determines sufficient to meet the purposes of the enumeration.

(2) The Chief Electoral Officer shall issue guidelines and provide direction for the conduct of an enumeration.

(3) With respect to an enumeration of the electors on an Indian reserve or on a Metis settlement, the Chief Electoral Officer shall consult with the council of each Indian band and with the settlement council and settlement administrator of each Metis settlement with respect to the manner in which the enumeration can be conducted most effectively.

26 Explanatory Notes electors for each polling subdivision in each electoral division, and (

b) to each member of the Legi slative Assembly, one printed copy or one copy in electronic form, or both, in accordance with each member’s request, of the post-polling-day list of electors for each polling subdivision in the electoral division that the member represents.

(23) Section 20(2) presently reads in part:

(2) A list of electors, including a post-polling-day list of electors under

section 19, may be used only as follows:

(24) Section 21 presently reads: 21(1) Prior to the general election to be held following the 2015 general election, the Chief Electoral Officer shall conduct a door-to-door enumeration of every electoral division, including an enumeration of Indian reserves and Metis settlements.

(2) The Chief Electoral Officer shall give reasonable notice in writing to the council of each Indian band and to the settlement council and settlement administrator of each Metis settlement prior to an enumeration of the electors on the Indian reserve or on the Metis settlement, respectively, providing notice that enumerators will be conducting an enumeration in the area.

(3) The Chief Electoral Officer shall consult with the council of each Indian band and with the council and settlement administrator of each Metis settlement with respect to the manner in which the enumeration can most effectively be conducted.

(4) Following the enumeration referred to in subsection (1), the Chief Electoral Officer shall table a report with the Standing Committee that includes the following information: (

a) the number of residences contacted during an enumeration; (

b) the percentage of persons who responded to the enumeration; (

c) the number of Indian rese rves and Metis settlements contacted by the Chief Electoral Officer for the purposes of conducting an enumeration; (

d) the number of Indian reser ves and Metis settlements that participated in the enumeration;

(25) Sections 22 and 23 are repealed and the following is substituted: Enumerators 22(1) The Chief Electoral Officer may appoint, or direct that a returning officer appoint, sufficient enumerators for the conduct of an enumeration.

27 Explanatory Notes (

e) any challenges encountered in hiring persons to conduct door-to-door enumerations and the impact of door-to-door enumerations on other election officers; (

f) the cost of conducting the enumeration; (

g) any other matter the Chief Electoral Officer considers appropriate.

(5) The Standing Committee shall lay the report before the Legislative Assembly if it is then sitting or, if it is not then sitting, not more than 15 days after the commencement of the next sitting of the Assembly.

(6) The Lieutenant Governor in Council may make regulations respecting the manner in which an enumeration, if any, may be conducted following the enumeration referred to in subsection (1).

(7) Notwithstanding anything in this section, the Chief Electoral Officer may, at any time the Chief Electoral Officer considers it advisable, conduct an enumeration of all or some of the electoral divisions, or within an electoral division.

(8) In this

section and

section 52.1, (a) “council” means the “council of the band” within the meaning of the Indian Act (Canada); (b) “Indian band” means a band within the meaning of the Indian Act (Canada); (c) “settlement administrator” means the person appointed by the settlement council as the senior administrative officer of the settlement, within the meaning of the Metis Settlements Act; (d) “settlement council” means th e council of a Metis settlement within the meaning of the Metis Settlements Act.

(25) Sections 22 and 23 presently read: 22(1) In conducting an enumeration, the Chief Electoral Officer shall provide maps showing subdivision boundaries for use by the enumerators.

(2) The Chief Electoral Officer shall provide each returning officer with sufficient quantities of all necessary forms and materials,

(2) If an enumerator is unable or unwilling to act or neglects the enumerator’s duties, the Chief Electoral Officer or returning officer conducting the enumeration may appoint another enumerator in the enumerator’s place.

(26) Sections 25 to 27 are repealed.

28 Explanatory Notes including enumerator identification documents, to enable the efficient conduct of the required enumeration. 23 Each returning officer shall, in accordance with directions issued by the Chief Electoral Officer, appoint sufficient enumerators for the efficient conduct of the enumeration within the returning officer’s electoral division.

(26) Sections 25 to 27 presently read: 25(1) Each returning officer shall, in accordance with the directions of the Chief Electoral Officer, appoint an enumerator for each subdivision in an electoral division.

(2) The returning officer may, with the approval of the Chief Electoral Officer, appoint a 2nd enumerator for a subdivision if the returning officer considers it necessary for the completion of the enumeration or the security of the enumerator.

(4) When 2 enumerators are appointed for a subdivision, they shall (

a) act jointly and not individually in each step of the preparation of the list of electors, (

b) both sign any document that is required to be signed by an enumerator in respect of an enumeration, and (

c) report immediately to the returning officer for the electoral division the facts and details of any disagreement between them.

(5) The returning officer shall decide any matter under disagreement referred to the returning officer under subsection (4)(

c) and immediately communicate that decision to the enumerators.

(6) A qualified enumerator may, at the discretion of the returning officer, be appointed as an enumerator for more than one subdivision. 26 The returning officer shall provide all necessary forms and materials, including identification documents, to each enumerator in the returning officer’s electoral division. 27(1) If an enumerator is unable or unwilling to act or neglects the enumerator’s duties, the returning officer may appoint another enumerator in the enumerator’s place.

(27) Section 30 is amended (

a) in subsection (1) by adding “Chief Electoral Officer or” after “selected by the”; (

b) in subsection (2) (

i) by striking out “Subject to subsection (10), each” and substituting “An”; (ii) by striking out “either in person, by telephone or by mail, as directed by the returning officer, each assigned residence in the subdivision” and substituting “in the manner directed by the Chief Electoral Officer or returning officer, each assigned residence in the voting area”; (iii) in clause (

d) by striking out “subdivision” and substituting “voting area”; (

c) by repealing subsections (3), (4) and (6); (

d) in subsection (7) by striking out “subdivision” and substituting “voting area”; (

e) by repealing subsections (8) to (10); (

f) by repealing subsection (11) and substituting the following:

(11) The Chief Electoral Officer may direct an enumerator not to visit an assigned residence if, in the enumerator’s opinion, the safety of the enumerator may be at risk.

29 Explanatory Notes

(2) An enumerator replaced under this

section shall, on receipt of a written request signed by the returning officer, deliver or give up to the enumerator’s successor or any other authorized person the enumerator’s identification documents and any enumeration documents and written information the enumerator has obtained respecting the enumeration.

(27) Section 30 presently reads in part: 30(1) In this section, “assigned residence” means a residence selected by the returning officer in respect of which the information required for the register may be incomplete or incorrect.

(2) Subject to subsection (10), each enumerator shall contact, either in person, by telephone or by mail, as directed by the returning officer, each assigned residence in the subdivision to determine which persons residing in the assigned residence (

d) are ordinarily resident in the electoral division and subdivision for which those persons are to have their names included on the list of electors, as of a date determined by the Chief Electoral Officer, and shall record on the form provided by the Chief Electoral Officer the information referred to in

section 13(2)(

a) to (

f) with respect to those persons.

(3) The enumerator shall leave at each assigned residence contacted under subsection (2) a notice that elector information relating to the persons living in that residence has been collected.

(4) An enumerator is not to visit or contact treatment centres, students’ residences operated by an educational institution and exempted by the Chief Electoral Officer, temporary work camps, penitentiaries, correctional institutions, remand centres, detention centres, emergency shelters or any similar institutions unless the returning officer or the Chief Electoral Officer is of the opinion that there are a sufficient number of electors who are residing in the institution.

(6) Each enumerator, in accordance with the directions of the Chief Electoral Officer, shall visit every assigned residence in the enumerator’s subdivision at least once during the enumeration period, and if the enumerator has visited an assigned residence and found no responsible person there, the enumerator shall contact the residence on at least 2 more occasions.

(28) Sections 31 to 33 and 38 are repealed.

30 Explanatory Notes

(7) The enumerator may contact the assigned residences in the enumerator’s subdivision only between the hours of 9:00 a.m. and 9:00 p.m.

(8) If an enumerator has visited an assigned residence and found no responsible person there, the enumerator shall leave a form provided by the Chief Electoral Officer at the residence so that any qualified elector residing at the residence may be added to the list of electors.

(9) Prior to the date determined by the Chief Electoral Officer, a form left under subsection (8) may be returned as stated in the form.

(10) The Chief Electoral Officer may direct a returning officer for an electoral division that assigned residences be contacted within that electoral division by means other than those referred to in subsection (2).

(11) Notwithstanding anything in this section, the Chief Electoral Officer may direct an enumerator not to visit an assigned residence if, in the Chief Electoral Officer’s opinion, the safety of an enumerator may be at risk.

(28) Sections 31 to 33 and 38 presently read: 31(1) The returning officer for an electoral division may, with the approval of the Chief Electoral Officer, designate any area of the electoral division as a remote area.

(2) An elector ordinarily resident in a designated remote area is eligible to vote by Special Ballot.

(3) Notwithstanding

section 30, an enumeration in a designated remote area shall, subject to (

a) the regulations, and (

b) any directions of the Chief Electoral Officer, be conducted in a way the returning officer considers appropriate.

(4) A designated remote area is a polling subdivision but no polling places may be established in it and no deputy returning officer or poll clerk may be appointed for it.

31 Explanatory Notes 32(1) On or before the date determined by the Chief Electoral Officer, the enumerator shall submit to the returning officer the forms completed under

section 30(2).

(3) Within 5 days after the completion of the enumeration, the enumerator shall (

a) submit all copies of the forms completed under

section 30(2) and any forms received under

section 30(9), and (

b) return all enumeration mate rials, including the enumerator’s identification documents, to the returning officer. 33 The returning officer shall satisfy himself or herself as to the proper completion of the forms referred to in

section 30(2) prior to authorizing payment of the enumerator’s expense claim. 38(1) Each returning officer shall, with respect to the returning officer’s electoral division, submit to the Chief Electoral Officer not later than the date determined by the Chief Electoral Officer, (

a) the forms completed under

section 30(2) for each polling subdivision, (

b) one copy of a map of the electoral division clearly indicating the sequentially numbered polling subdivisions, (

c) all expense claims, (

d) all unused enumeration materials, (

e) all enumerator identificati on documents, with a satisfactory accounting of any absences, and (

f) information to be included in the register of electors prepared in a manner prescribed by the Chief Electoral Officer.

(2) The returning officer shall review the boundaries of and the number of electors in each subdivision of the returning officer’s electoral division and, if the returning officer considers it necessary, shall, in consultation with the Chief Electoral Officer, redefine and, if necessary, renumber the subdivisions in accordance with

section 14 for use as polling subdivisions in any election, by-election, referendum or plebiscite.

(29) Section 38.1(2) is repealed and the following is substituted:

(2) Subject to subsection (1), election day for a general election shall be the last Monday in May in the 4th calendar year following the election day of the most recent general election.

(30) Section 43 is repealed and the following is substituted: Persons eligible to vote 43(1) For the purposes of subsection (2)(

a) and (b), “identification” means identification as defined in

section 100(2).

(2) Subject to

section 45, an elector is eligible to vote for a candidate in the electoral division where the elector is ordinarily resident if (

a) the elector’s name appears on the list of electors for the voting area and (

i) the name and address on the elector’s identification match the name and address on the list of electors, (ii) the name and address on the elector’s identification does not match the name and address on the list of electors but the elector confirms the elector’s identity and current residential address by signing a declaration under

section 100.2, or (iii) the elector does not have identification and is accompanied by another elector whose name appears on the list of electors for the same voting area and (

A) that other elector provides their identification to an election officer and vouches for the elector by signing a declaration under

section 100.3, and (

B) the elector confirms the elector’s identity and current residence by signing a declaration under

section 100.3, (

b) the elector’s name does not appear on the list of electors for the voting area and

32 Explanatory Notes

(29) Section 38.1(2) presently reads:

(2) Subject to subsection (1), general elections shall be held within the 3-month period beginning on March 1 and ending on May 31 in the 4th calendar year following polling day in the most recent general election.

(30) Section 43 presently reads: 43 Subject to

section 45, an elector is eligible to vote for a candidate in the electoral division where the elector is ordinarily resident if (

a) that elector’s name appears on the list of electors for the polling subdivision, (

b) that elector signs a decl aration under

section 95, or (

c) that elector’s name has been entered in the Special Ballot Poll Book and the person has properly completed

part 1 of the certificate referred to in

section 118(2)(d).

33 (

i) the elector provides id entification to confirm the elector’s identity and current residential address and signs a declaration under

section 100.4, or (ii) the elector is accompanie d by another elector whose name appears on the list of electors for the same voting area and (

A) that other elector provides their own identification to an election officer and vouches for the elector by signing a declaration under

section 100.5, and (

B) the elector confirms the elector’s identity and current address by signing a declaration under

section 100.5, o r (

c) the elector’s name has been entered in the Special Ballot voting record and the elector has properly completed

part 1 of the certificate referred to in

section 118(2)(

d) and provided a copy of their prescribed identification document or documents referred to in

section 118(2)(e).

(3) This

section does not apply to (

a) an initiative petition or an initiative vote under the Citizen Initiative Act, or (

b) a recall petition or a recall vote under the Recall Act.

(31) Section 44 is amended (

a) in subsection (1) (

i) by striking out “section 16(

c) and (d)” and substituting “section 16(d)”; (ii) by striking out “polling subdivision” and substituting “voting area”; (iii) by striking out “that subdivision” and substituting “that voting area”;

33 Explanatory Notes

(31) Section 44 presently reads: 44(1) A person who is otherwise eligible as an elector but who does not meet the residence requirements of

section 16(

c) and (

d) because the person’s ordinary place of residence is outside Alberta for the purpose of carrying out the person’s function as (

a) a member of the House of Commons of Canada representing an electoral district in Alberta, (

b) a member of the Senate of Canada representing Alberta, or (

c) an employee of th e Government of Alberta

34 (

b) in subsection (2) by striking out “subdivision” wherever it occurs and substituting “voting area”; (

c) in subsection (3) (

i) by striking out “under

section 37 to the returning officer of the electoral division” and substituting “to the Chief Electoral Officer”; (ii) by adding “under

section 50” after “to the lists”.

(32) The following is added after

section 45: Appointment of election officers 45.1(1) Subject to

section 120(2)(c), the Chief Electoral Officer shall appoint, or provide for the appointment by returning officers of, election officers who shall be assigned to perform the duties and functions of election officers as established by the Chief Electoral Officer, including but not limited to the following duties and functions: (

a) place signs to direct atten tion to voting places and post bulletins at voting stations and voting places; (

b) immediately before the opening of voting places, (

i) show ballot boxes to the persons present so that they may see that the ballot boxes are empty, (ii) seal the ballot boxes so that they cannot be opened without breaking the seal, and

34 Explanatory Notes is, for the purposes of voting, deemed to be and to have been for the required period ordinarily resident in the polling subdivision of the electoral division in which the person last resided in Alberta and is eligible to have the person’s name entered on the list of electors for that subdivision and to vote at an election.

(2) A person who (

a) is the spouse or adult interd ependent partner or a dependant of and is ordinarily resident with a person described in subsection (1), and (

b) is otherwise eligible as an elector, is, for the purposes of voting, deemed to be and to have been for the required period ordinarily resident in the same subdivision as the person described in subsection (1) and is eligible to have the person’s name entered on the list of electors for that subdivision and to vote at an election.

(3) An application to have a name entered on the lists of electors must be made under

section 37 to the returning officer of the electoral division before the time fixed for concluding revisions to the lists.

(32) Appointment of election officers.

35 (iii) place and maintain the ba llot boxes on a desk, table, counter or similar place so that the ballot boxes are raised above the floor and constantly in the view of all persons present; (

c) maintain the ballots provided to them in a secure manner; (

d) keep ballot boxes sealed, mai ntain the security of ballot boxes and assist electors in depositing their ballots in ballot boxes; (

e) maintain the voting record in the manner directed by the Chief Electoral Officer; (

f) administer voting and take affidavits, oaths and declarations as required under this Act; (

g) provide voter assistance, a t the request of a voter, under

section 96; (

h) instruct, assist and respond to questions from electors; (

i) assist electors who are no t on the list of electors in the completion of declarations; (

j) maintain peace and order at voting stations, in voting places and on the premises on which voting places are located; (

k) perform counts, or assist in counts, of unused ballots, declined ballots, spoiled ballots, valid ballots and rejected ballots after the close of voting on election day from (

i) advance voting, (ii) mobile voting, (iii) special ballot voting, and (iv) election day voting; (

l) decide on objections to ballots made by persons attending counts;

35 Explanatory Notes

36 (

m) complete Statements of Vote; (

n) provide overall supervision where there are multiple voting stations in a voting place; (

o) appoint, in the prescribed form, interpreters to translate questions and answers about voting procedures for persons not conversant in the English language; (

p) perform other duties and functions as required under this Act or by the Chief Electoral Officer or returning officer, as the case may be.

(2) Subject to the Chief Electoral Officer’s approval, each returning officer shall appoint election officers to assist them in performing the duties and functions of the returning officer.

(3) The Chief Electoral Officer shall ensure that election officers under the Chief Electoral Officer’s authority are trained sufficiently in order for the election officers to perform their duties and functions.

(4) Each returning officer shall ensure that election officers under the returning officer’s authority are trained sufficiently in order for the election officers to perform their duties and functions.

(5) The Chief Electoral Officer shall provide all necessary supplies to election officers under the Chief Electoral Officer’s authority in sufficient time to enable each election officer to adequately and efficiently carry out their duties and functions.

(6) Each returning officer shall provide all necessary supplies to election officers under the returning officer’s authority in sufficient time to enable each election officer to adequately and efficiently carry out their duties and functions.

(7) The Chief Electoral Officer or a returning officer, as the case may be, shall ensure that election officers are appointed for each voting place to effectively operate the voting place and each voting station within the voting place in accordance with this Act.

(8) Each returning officer shall designate one election officer in each voting place as the supervisor of the voting place, who shall be responsible for

36 Explanatory Notes

37 (

a) conducting any duties designated in this Act for the supervisor of a voting place, and (

b) supervising other election officers appointed to the voting place.

(9) Each election officer shall, before assuming their duties and functions, take the prescribed oath of office before the returning officer, election clerk or other election officer designated under

section 49.

(10) Subject to subsection (11), any election officer who is appointed to carry out duties in an electoral division, at the request of their supervisor, may be required to carry out the duties of any other election officer at any voting place in the electoral division if that other election officer is unable to carry out their own duties.

(11) Any election officer may perform the duties of another election officer, other than the duties of a returning officer or election clerk, if required or requested by the Chief Electoral Officer, returning officer or the election officer’s supervisor.

(12) If an election officer is required to perform the duties of another election officer, the election officer is not required to take another oath.

(13) If an election officer is unable or unwilling to act or neglects the election officer’s duties, the Chief Electoral Officer or returning officer, as the case may be, may appoint another election officer in the election officer’s place.

(33) Section 47.1 is repealed.

37 Explanatory Notes

(33) Section 47.1 presently reads: 47.1(1) In preparation for the conduct of an election in an electoral division, the returning officer shall appoint an administrative assistant.

(2) If an administrative assistant is unable or unwilling to act or neglects the administrative assistant’s duties, the returning officer may appoint another administrative assistant in the administrative assistant’s place.

(3) Each administrative assistant shall, before assuming the administrative assistant’s duties, take the prescribed oath of office.

(34) Section 50 is amended (

a) by adding the following after subsection (1):

(1.1) Following the issuance of the writ, an elector may apply to the returning officer in the elector’s electoral division or to the Chief Electoral Officer for a revision to the list. (

b) in subsection (2)(

c) by striking out “the advance polls” and substituting “advance voting”.

(35) Section 51 is amended (

a) in subsection (2) by striking out “polling day” and substituting “election day”; (

b) in subsection (3) by adding “list of electors and” after “copies of the”.

(36) Section 52 is amended (

a) in subsection (1) (

i) by striking out “polling places” and substituting “voting places”; (ii) by striking out “polling stations” and substituting “voting stations”; (iii) by striking out “polling subdivision” and substituting “voting area”; (

b) in subsections (2) to (4) by striking out “polling place” and substituting “voting place”; (

c) in subsection (5) (

i) by striking out “polling station” and substituting “voting station”;

38 Explanatory Notes

(4) An administrative assistant shall assist the returning officer and the election clerk in the performance of their duties.

(34) Section 50 presently reads in part: 50(1) Immediately following receipt of a writ, the returning officer shall have available in the returning officer’s office and in any other location as directed by the Chief Electoral Officer one copy of the list of electors transmitted by the Chief Electoral Officer.

(2) The period for considering applications for revisions to the list shall (

c) conclude at 4 p.m. on the Saturday of the week preceding the opening of the advance polls.

(35) Section 51 presently reads in part:

(2) The lists referred to in subsection (1) shall be available from the date the Chief Electoral Officer issues a writ of election under

section 40 until the end of polling day.

(3) A candidate or the candidate’s official agent may inspect the list of electors and a separate list of additions to or revisions of the list of electors following the commencement of the revision period and may request copies of the additions to the list of electors.

(36) Section 52 presently reads: 52(1) Each returning officer shall, following receipt of the writ, provide polling places at which the polling stations for each polling subdivision within the returning officer’s electoral division will be located.

(2) A polling place shall be in a location that, in the opinion of the returning officer, is convenient for the electors.

(3) Every polling place must, where practicable, be located in premises with barrier-free accessibility.

(4) A returning officer may utilize as a polling place any public building or any school that is the property of any school division organized under any Act if the building or school is suitable for the purpose.

(5) There may be more than one polling station located in a polling place.

39 (ii) by striking out “polling place” and substituting “voting place”; (

d) in subsection (6) (

i) by striking out “polling place” and substituting “voting place”; (ii) by striking out “polling subdivision” and substituting “voting area”; (

e) in subsection (6.1) (

i) by striking out “polling place” wherever it occurs and substituting “voting place”; (ii) by striking out “polling station” and substituting “voting station”; (

f) in subsection (7) by striking out “polling place” and substituting “voting place”.

(37) Section 52.1(1) and (2) are amended by striking out “polling place” and substituting “voting place”.

(38) The following is added after

section 52.1: Designation of remote areas 52.2(1) The returning officer for an electoral division may designate, with the approval of the Chief Electoral Officer, any area of the electoral division as a remote area.

(2) An elector ordinarily resident in a designated remote area is eligible to vote by Special Ballot.

39 Explanatory Notes

(6) A polling place does not need to be located in the polling subdivision but shall be located in the electoral division.

(6.1) Notwithstanding subsection (6), with the prior written approval of the Chief Electoral Officer a polling place may be in an adjacent electoral division if the returning officer is unable to find a suitable place in the electoral division for the polling place or polling station.

(7) No polling place may be situated in licensed premises.

(37) Section 52.1 presently reads: 52.1(1) In preparation for an election, the Chief Electoral Officer shall consult with the council of each Indian band and with the settlement council and settlement administrator of each Metis settlement to determine whether a suitable building located on the Indian reserve or Metis settlement may be used as a polling place for electors who are residents on the Indian reserve or Metis settlement.

(2) If the council of an Indian band or the settlement council of a Metis settlement agrees to the use of a suitable building located on the Indian reserve or Metis settlement, the Chief Electoral Officer shall use the building as a polling place.

(38) Designation of remote areas.

(3) A designated remote area is a voting area but no voting places may be established in it and no election officers may be appointed for it.

(39) Section 53 is amended (

a) in subsection (1) by striking out “poll” and substituting “vote”; (

b) by striking out “polling place” wherever it occurs and substituting “voting place”.

(40) Section 54 is repealed and the following is substituted: Voting place signs 54(1) The Chief Electoral Officer shall prepare conspicuous signs for directing electors to the location of each voting place and shall distribute the signs to each returning officer.

(2) Each returning officer shall distribute the signs to the supervisor of each voting place in the returning officer’s electoral division.

(3) The supervisor of each voting place shall place, or shall direct election officers at each voting place to place, the signs at locations that will best direct attention to the voting place.

(41) Section 55 is amended (

a) in subsection (1) (

i) in clause (

c) by striking out “voting at an advance poll” and substituting “advance voting”; (ii) in clause (d) (

A) by striking out “polling day” and substituting “election day”;

40 Explanatory Notes

(39) Section 53 presently reads: 53(1) Subject to

section 4(3.1) and (3.5), if it is found to be impractical to hold the poll in a polling place fixed by the returning officer, the returning officer may fix a different polling place as near as possible to the location originally fixed and shall give immediate notice of the change to all candidates or their official agents and publish the change on the Chief Electoral Officer’s website and in any other manner the Chief Electoral Officer considers necessary.

(2) When a different polling place is fixed under subsection (1), the returning officer shall cause a conspicuous sign that clearly and accurately states the location of the new polling place to be attached to the original place where the polling place was to be located.

(40) Section 54 presently reads: 54(1) Each returning officer shall (

a) have prepared conspicuous si gns for directing electors to the location of each polling place within the returning officer’s electoral division, and (

b) distribute the signs to each supervisory deputy returning officer or deputy returning officer in the returning officer’s electoral division.

(2) The supervisory deputy returning officer or deputy returning officer shall place the signs received under subsection (1) at those places that will best direct attention to the polling place.

(41) Section 55 presently reads in part: 55(1) Each returning officer shall, as soon as possible but not later than the 5th day before nomination day, issue a proclamation containing the following: (

c) the place, dates and hours fixed for voting at an advance poll if voting is necessary, (

d) the date of polling day and the hours at which the polling places will open and close if voting is necessary,

41 (

B) by striking out “polling places” and substituting “voting places”; (iii) in clause (

e) by striking out “polling day” and substituting “election day”; (

b) in subsection (2) (

i) in clause (

b) by striking out “polling subdivisions” and substituting “voting areas”; (ii) in clause (

c) by striking out “polling places” and substituting “voting places”; (iii) in clause (

d) by striking out “the advance polling places” and substituting “advance voting places”.

(42) Section 56(

b) and (

c) are amended by striking out “polling day” and substituting “election day”.

(43) Section 59 is amended (

a) in subsection (1.01) (

i) by repealing clause (a); (ii) in clause (

b) by striking out “held other than in accordance with

section 38.1(2)”; (

b) in subsection (5) by striking out “polling day” and substituting “election day”.

41 Explanatory Notes (

e) the date and time for announcing the results of the official count, that date being the 10th day after polling day, and

(2) A returning officer shall post a copy of the following in the returning officer’s office: (

b) a map of the electoral division including the numbered polling subdivisions; (

c) a list of the locations of polling places; (

d) a statement of the availability of barrier-free accessibility to the office of the returning officer and to the advance polling places;

(42) Section 56 presently reads in part: 56 A person is eligible to be nominated as a candidate in an election if on the day the person’s nomination paper is filed the person (

b) is of the full age of 18 years or will be that age on polling day, (

c) has been ordinarily resident in Alberta continuously from the day 6 months immediately preceding polling day,

(43) Section 59 presently reads in part:

(1.01) The period for the purpose of subsection (1) is as follows: (

a) in the case of a general election held in accordance with

section 38.1(2), the period commencing on February 1 in the year in which the general election is held and ending on nomination day; (

b) in the case of a general election held other than in accordance with

section 38.1(2), the period commencing with the issue of a writ for the general election and ending on nomination day;

(5) An elector resident in an electoral division, on application to the returning officer of that electoral division, may, during the period commencing on the day following nomination day and ending on polling day, inspect the nomination papers filed by candidates in that electoral division.

(44) Section 61 is amended (

a) in subsection (1) by adding “and” at the end of clause (

d) and by repealing clause (e); (

b) by repealing subsection (4).

(45) Section 62 is repealed.

42 Explanatory Notes

(44) Section 61 presently reads in part: 61(1) A nomination paper is not valid and shall not be accepted for filing by the returning officer unless the original nomination paper is submitted for filing and (

d) the person being nominated confirms by affidavit (

i) that the person is eligible under

section 56 for nomination, (ii) that the person consents to the person’s nomination, (iii) the appointment of the person’s official agent, (iv) that the person is the o fficially endorsed candidate of a registered political party or is an independent candidate, and the confirmation is filed with the nomination paper, (

e) it is accompanied with a deposit of $500, and

(4) The deposit of $500 referred to in subsection (1)(

e) may be made during the time period referred to in

section 59(1.01)(

d) notwithstanding

section 9(1.1) of the Election Finances and Contributions Disclosure Act.

(45) Section 62 presently reads: 62(1) The returning officer shall not accept a deposit tendered under

section 61(1)(

e) unless it consists of (

a) Bank of Canada notes, (

b) a certified cheque, (

c) a bank or postal money order, or (

d) a combination of any of those forms.

(2.1) The deposit received under

section 61 must be refunded to the chief financial officer of the candidate if the required return is filed within the time period referred to in

section 43(2) of the Election Finances and Contributions Disclosure Act.

(3) If a candidate dies after being nominated and prior to the closing of the polling places on polling day, the deposit shall be refunded to the candidate’s chief financial officer.

(46) Section 63 is amended (

a) in clause (a)(i

i) by striking out “polling places” and substituting “voting places”; (

b) in clause (b) (

i) in subclause (ii) by striking out “polling subdivisions” and substituting “voting areas”; (ii) in subclause (iii) by striking out “polling places” and substituting “voting places”; (iii) in subclause (

v) by striking out “polling subdivision” and substituting “voting area”.

(47) Section 65 is amended (

a) in subsection (1) (

i) by striking out “the polls on polling day” and substituting “the vote on election day”; (ii) by striking out “signed by” and substituting “with an original signature of”; (

b) by repealing subsections (3), (4) and (5) and substituting the following:

(3) If (

a) a candidate withdraws after the ballots for the electoral division for which the candidate was nominated are printed, and (

b) there remain 2 or more candidates,

43 Explanatory Notes

(4) A deposit that is not refunded under this

section shall be transmitted to the Chief Electoral Officer for deposit to the General Revenue Fund.

(46) Section 63 presently reads in part: 63 The returning officer, on filing a nomination paper, shall provide to the candidate, (

a) if the candidate is the candidate of a registered political party, (ii) one list of the locations of the polling places, and (

b) in every other case, (ii) one map of the electoral division indicating the numbered polling subdivisions, (iii) one list of the locations of the polling places, (

v) in accordance with the candidate’s request, one printed copy or one copy in electronic form, or both, of the list of electors for each polling subdivision in the electoral division.

(47) Section 65 presently reads in part: 65(1) At any time after the filing of the candidate’s nomination paper but not later than 48 hours before the opening of the polls on polling day, the candidate may withdraw by filing with the returning officer a declaration to that effect signed by the candidate and having the candidate’s signature witnessed.

(3) If (

a) a candidate withdraws after the ballots for the electoral division for which the candidate was nominated are printed, and (

b) there remain 2 or more candidates, the returning officer shall advise each deputy returning officer of the returning officer’s electoral division personally or by letter or telephone of the withdrawal and, if there is sufficient time, shall

44 the returning officer shall advise each supervisor of a voting place in the returning officer’s electoral division personally or by email or telephone of the withdrawal and, if there is sufficient time, the returning officer shall prepare a notice of withdrawal and distribute a copy to each supervisor of a voting place, who shall post it in a conspicuous location in the voting place.

(4) When, in acting under subsection (3), there is insufficient time to prepare and distribute a notice of withdrawal, the returning officer, when advising each supervisor of a voting place of the withdrawal, shall instruct each of those supervisors to cause a notice of withdrawal to be prepared by hand, and each of those supervisors shall post the notice in a conspicuous place in the voting place.

(5) When a candidate has withdrawn, each election officer that issues a ballot for that electoral division is responsible for ensuring that each voter is advised when receiving a ballot.

(48) Section 66(1) is amended by striking out “polling places on polling day” and substituting “voting places on election day”.

(49) Section 67 is amended (

a) in subsection (1)(

d) by striking out “polling date” and substituting “date of the election”; (

b) by repealing subsection (1.1).

(50) Section 69 is amended (

a) in subsection (1) (

i) by striking out “poll is necessary” and substituting “vote is necessary”;

44 Explanatory Notes prepare a notice of withdrawal and distribute a copy to each deputy returning officer, who shall post it in a conspicuous location in the deputy returning officer’s polling place.

(4) When, in acting under subsection (3), there is insufficient time to prepare and distribute a notice of withdrawal, the returning officer, when advising the deputy returning officers of the withdrawal, shall instruct each of them to cause a notice of the withdrawal to be prepared by hand, and on so complying each deputy returning officer shall post the notice in a conspicuous location in the deputy returning officer’s polling place.

(5) When a candidate has withdrawn, the deputy returning officer is responsible for ensuring that each voter is so advised when receiving a ballot.

(48) Section 66(1) presently reads in part: 66(1) If a candidate in an electoral division dies after being nominated and prior to the closing of the polling places on polling day,

(49) Section 67 presently reads in part: 67(1) At 2 p.m. on the date appointed as nomination day, the returning officer shall, at the place fixed for the filing of nominations, (

d) announce the polling date and the date and time at which the official results will be announced.

(1.1) The returning officer shall send the deposits received under

section 61 to the Chief Electoral Officer.

(50) Section 69 presently reads in part: 69(1) If a poll is necessary in an electoral division, the returning officer shall, immediately after the close of nominations, cause to be posted at every place where the proclamation was posted a notice of poll in the prescribed form indicating the names of the candidates

45 (ii) by striking out “notice of poll” and substituting “notice of vote”; (

b) in subsection (2)(

a) by striking out “polling places on polling day” and substituting “voting places on election day”.

(51) Section 70 is repealed and the following is substituted: Publishing information re location of voting place 70 Each returning officer shall publish within the 7 days immediately preceding election day, in the form and manner directed by the Chief Electoral Officer, (

a) the map of the electoral division setting out the voting areas, (

b) a list of the locati ons of the voting places, and (

c) a statement of the availa bility of barrier-free accessibility to the office of the returning officer and to voting places.

(52) Sections 71 to 77.2 are repealed.

45 Explanatory Notes and their respective registered political parties, if any, in the order in which the candidates’ names will appear on the ballot.

(2) The returning officer shall (

a) ensure that corrections of obvious errors or omissions are made to the posted notices at any time up to 48 hours prior to the hour fixed for the opening of the polling places on polling day, and

(51) Section 70 presently reads: 70 Each returning officer shall (

a) publish within the 7 days i mmediately preceding polling day, in the form and manner directed by the Chief Electoral Officer, (

i) a copy of the map of the electoral division setting out the polling subdivisions, (ii) a list of the locations of the polling places, and (iii) a statement of the availability of barrier-free accessibility to the office of the returning officer and to the advance polling places, and (

b) provide one copy of the map and one copy of the list to each of the returning officer’s deputy returning officers for use on polling day.

(52) Sections 71 to 77.2 presently read: 71(1) If an election is necessary in an electoral division, the returning officer or election clerk shall, for each polling subdivision, appoint in the prescribed form a person as deputy returning officer.

(2) Each deputy returning officer shall, before assuming the deputy returning officer’s duties, take the prescribed oath of office before the returning officer or election clerk or any person authorized to take oaths in Alberta, and no charge may be made by the person administering the oath.

(5) If a deputy returning officer is unable or unwilling to act or neglects the deputy returning officer’s duties, the returning officer

46 Explanatory Notes may appoint another deputy returning officer in that deputy returning officer’s place, and a copy of the appointment shall be attached to the poll book. 72(1) The deputy returning officer for each polling station shall (

a) immediately before opening the poll, show the ballot box to the persons present so that they may see that it is empty, (

b) seal the box so that it cannot be opened without breaking the seal, (

c) place and maintain the ballot box on a desk, table, counter or similar place so that it is raised above the floor and constantly in the view of all persons present, (

d) keep the ballot box sealed, and (

e) perform any other dutie s required by this Act.

(2) The deputy returning officer is responsible for maintaining order at the deputy returning officer’s polling station or polling place, as the case may be. 73(1) For each polling place established in an electoral division the returning officer for that electoral division shall appoint one or more qualified persons as poll clerks.

(1.1) Notwithstanding subsection (3), a person who is 16 or 17 years of age may be appointed as a poll clerk to carry out the duties of a poll clerk, except to act as a deputy returning officer under

section 75.

(2) Each poll clerk shall, before assuming the poll clerk’s duties, take the prescribed oath of office before the returning officer, election clerk or deputy returning officer or any person authorized to take oaths in Alberta, and no charge may be made by the person administering the oath.

(5) If a poll clerk is unable or unwilling to act or neglects the poll clerk’s duties, the returning officer may appoint another poll clerk in that poll clerk’s place, and a copy of the appointment shall be attached to the poll book. 74 A poll clerk shall (

a) maintain the poll book in the prescribed manner,

47 Explanatory Notes (

b) assist the deputy returning officer in the performance of the deputy returning officer’s duties, and (

c) perform any other duties re quired by the deputy returning officer. 75(1) If a deputy returning officer becomes ineligible to hold the office or is unable or unwilling to act or neglects the deputy returning officer’s duties and has not been replaced by a successor, the poll clerk shall act as deputy returning officer.

(2) When a poll clerk is acting as a deputy returning officer, the poll clerk is liable for the poll clerk’s acts or omissions in the poll clerk’s capacity as a deputy returning officer as if the poll clerk had been appointed a deputy returning officer.

(3) A poll clerk acting as a deputy returning officer is not required to take the oath of a deputy returning officer.

(4) Where a poll clerk acts as a deputy returning officer the poll clerk may appoint another qualified person as poll clerk in the poll clerk’s place, and a copy of the appointment shall be attached to the poll book. 75.1(1) A returning officer may, if the returning officer considers it necessary, appoint in the prescribed form a qualified person as an information officer for each polling place.

(2) Each information officer shall, before assuming the information officer’s duties, take the prescribed oath of office before the returning officer, election clerk, supervisory deputy returning officer or deputy returning officer or any person authorized to take oaths in Alberta, and no fee may be charged by the person administering the oath.

(3) The duties of an information officer are to assist electors, to respond to questions from electors and to maintain peace and order in the polling place and on the premises on which the polling place is located. 76(1) A returning officer may, if the returning officer considers it necessary, appoint in the prescribed form a qualified person as a supervisory deputy returning officer for any polling place containing 2 or more polling stations.

48 Explanatory Notes

(2) Each supervisory deputy returning officer shall, before assuming the supervisory deputy returning officer’s duties, take the prescribed oath of office before the returning officer or election clerk or any person authorized to take oaths in Alberta, and no charge may be made by the person administering the oath. 77 A supervisory deputy returning officer is responsible for (

a) providing overall supervision of 2 or more polling stations in the polling place, (

b) performing the duties of othe r election officers as required, (

c) preserving peace and order within the polling place, and (

d) giving assistance to electors. 77.1(1) A returning officer may, if the returning officer considers it necessary, appoint in the prescribed form a qualified person as a registration officer.

(2) Each registration officer shall, before assuming the registration officer’s duties, take the prescribed oath of office before the returning officer or election clerk or any person authorized to take oaths in Alberta, and no charge may be made by the person administering the oath.

(4) The duties of a registration officer are (

a) to assist electors who are not on the list of electors in the completion of a declaration referred to in

section 95, and (

b) to assist the supervisor y deputy returning officer and the deputy returning officer in the performance of their duties. 77.2(1) Subject to sections 71(5), 73(5) and 75, this

section applies to election officers who are requested or required by the Chief Electoral Officer, a returning officer or their supervisor to perform the duties of another election officer.

(2) Any election officer who is appointed to carry out duties in an electoral division may, at the request of his or her supervisor, be required to carry out the duties of any other officer at any polling place in the electoral division if that other election officer is unable to carry out his or her own duties.

(53) Section 78 is amended (

a) in subsection (2)(b) (

i) by striking out “a deputy returning officer” and substituting “an election officer who has been assigned to appoint interpreters”; (ii) by striking out “during polling day”; (

b) by adding the following after subsection (2):

(3) Despite

section 106, an interpreter can accompany a voter into a voting booth or mark the voter’s ballot if the interpreter has taken the prescribed oath.

(54) Section 79 is amended (

a) in subsection (1) (

i) by striking out “Each” and substituting “Subject to subsection (1.1), each”; (ii) by striking out “not more than 4 electors as”; (iii) in clause (

a) by striking out “polling station” and substituting “voting station”; (iv) by repealing clause (

d) and substituting the following: (

d) to be present at the pl ace where declarations are taken under sections 100.2 to 100.5 while an elector

49 Explanatory Notes

(3) If an election officer is unable or unwilling to act or neglects the election officer’s duties, the Chief Electoral Officer or returning officer may appoint another person in that election officer’s place.

(4) Any election officer may perform the duties of another election officer, other than the duties of a returning officer or election clerk, if required or requested by the Chief Electoral Officer, returning officer or the election officer’s supervisor.

(5) If an election officer is required to perform the duties of another election officer, the election officer is not required to take another oath.

(53) Section 78 presently reads in part:

(2) An interpreter shall be appointed (

a) by a returning officer, or (

b) by a deputy returning offi cer where the appointment is for one or more temporary periods during polling day.

(54) Section 79 presently reads in part: 79(1) Each candidate may appoint in the prescribed form not more than 4 electors as scrutineers (

a) to represent the candidate at each polling station, (

d) to be present at the registration officer’s station while an elector is completing a declaration under

section 95.

(3) The code of conduct must be posted in each polling place.

(5) A scrutineer shall comply with the code of conduct, and a scrutineer may be removed from the polling place if in the opinion of the supervisory deputy returning officer or deputy returning officer the scrutineer fails to comply with the code.

50 is completing a declaration under one of those sections. (

b) by adding the following after subsection (1):

(1.1) For the purposes of subsection (1), (

a) each candidate may appoint 4 scrutineers for each voting station for election day and 4 scrutineers for each voting station for each day of advance voting, (

b) each candidate may appoi nt 4 scrutineers for each place where declarations are taken under sections 100.2 to 100.5 for election day and each day of advance voting, (

c) only one scrutineer for a c andidate may be present at a voting station at any one time, and (

d) only one scrutineer for a c andidate may be present at a place where declarations are taken under sections 100.2 to 100.5 at any one time.

(1.2) Each scrutineer is required to take the prescribed oath of secrecy administered by the returning officer or an election officer assigned to administer oaths. (

c) in subsection (3) by striking out “polling place” and substituting “voting place”; (

d) in subsection (5) (

i) by striking out “polling place” and substituting “voting place”; (ii) by striking out “the supervisory deputy returning officer or deputy returning officer” and substituting “an election officer appointed to that voting place”; (

e) by adding the following after subsection (5):

(6) If a scrutineer is removed from a voting place pursuant to subsection (5), that scrutineer shall not be appointed or act as a scrutineer in any electoral division for that election, and the candidate may appoint a replacement scrutineer.

50 Explanatory Notes

(55) Section 80 is repealed.

(56) Sectio

Document details

Collection	Alberta — Bills
Citation	L30 S2 11941
Type	bill
Volume / chapter	L30 S2 11941
Language	en
Format	json
Source	PROVINCIAL
Identifier	2cb5850279717cfc959fe25e8fb4a2178826ae99

Source file is stored in the law ingest library (json).