ELECTION ACT
Chapter E‑1
Table of Contents
1 Interpretation
Part 1
Appointments
2 Chief
Electoral Officer
3 Appointment
of Chief Electoral Officer
3.1 Oath of office
4 Duties
and powers of Chief Electoral Officer
5 Office
of Chief Electoral Officer
6 Salary
of Chief Electoral Officer
7 Annual
estimates
8 Records
management
9 Appointment
of returning officers
10 Termination
of appointment of returning officer
11 Remuneration
of returning officers
12 Prohibition
against political activity
Part 2
Election Lists
Division 1
Register of Electors
13 Establishment
of register
Division 2
List of Electors
14 Review
of subdivisions
15 List
of electors
16 Persons
entitled to be listed as electors
17 Contents
of list of electors
18 Distribution
of lists of electors
19 Post‑polling‑day
list of electors
20 Restricted
use of list of electors
Division 3
Enumerations
21 Enumeration
and revision
22 Preparation
of materials for enumeration
23 Appointment
of enumerators
24 Persons
ineligible to act as enumerators
25 Enumerators
for subdivisions
26 Identification
documents
27 Replacement
of enumerators
28 Oath
of office
29 Right
of access for enumerations
30 Conducting
an enumeration
31 Remote
areas
32 Preparing
list of electors
33 Accuracy
of list of electors
34 Notice
of revisions
35 Display
of list of electors
36 Time
and place of revisions
37 Procedure
for revision
38 Materials
to be submitted to Chief Electoral Officer
Part 3
Elections, By‑Elections and Plebiscites
39 Authorization
to issue writ of election
40 Issue
of writ of election
41 Writ
not effected
42 Forms
and materials
43 Persons
eligible to vote
44 Absentee
voters
45 Persons
ineligible to vote
46 Persons
ineligible to be election officers
47 Appointment
of election clerks
47.1 Appointment of administrative assistants
48 Duties
of election clerks
49 Oaths
and affidavits
50 Revision
of polling subdivision lists
51 Access
to electors list and revisions
52 Location
of polling places
53 Change
of polling place
54 Polling
place signs
55 Publication
of election proclamation
56 Eligibility
57,58 Prohibitions
against nomination
59 Nomination
of candidates
60 Official
agents of candidates
61 Filing
nomination papers
62 Deposit
of candidate
63 Material
to be provided to candidate
64 Election
by acclamation
65 Withdrawal
of candidate
66 Death
of candidate
67 Close
of nominations
68 Service
on candidate of documents and notices
69 Posting
of notice of poll
70 Publishing
information re location of polling place
71 Appointment
of deputy returning officers
72 Duties
of deputy returning officers
73 Appointment
of poll clerks
74 Duties
of poll clerks
75 Poll
clerk as acting deputy returning officer
76 Appointment
of supervisory deputy returning officer
77 Duties
of supervisory deputy returning officer
77.1 Registration officer
77.2 Use of election
officers
78 Interpreters
79 Scrutineers
80 Provision
of supplies
81 Ballot
boxes
82 Printing
of ballots
83 Contents
of ballots
84 Record
of ballots
85 Provision
of election materials
86 Extra
polling places or polling stations
87 Maintenance
of order by deputy returning officer
88 Polling
place hours
89 Opening
of polling place
90 Posting
of bulletins
91 Polling
booths
92 Persons
entitled to remain in polling place
93 Secrecy
94 Preservation
of peace and order
95 Swearing‑in
procedure
96 Voter
assistance
97 List
of electors for advance poll
98 Polling
place for advance poll
99 Voting
in advance poll
100 Provision
of ballot
101 Voting
procedure
102 Spoiled
ballots
103 Record
of vote
104 Elector’s oath
105 Prohibited
conduct during polling
106 Secrecy
of vote
107 Taking
ballot out of polling place; declining to vote
108 Alleged
impersonation of an elector
109 Person
deemed to have voted
110 One
vote only
111 Procedure
on close of poll
112 Procedure
on conclusion of unofficial count
113 Advance
poll count
114 Return
of ballot box
116 Vote
by Special Ballot
116.1 Secure Special Ballot
117 Name
and address of Special Ballot voters to candidates
118 Voting
by Special Ballot
119 Late
receipt of Special Ballot
120 Treatment
centres and supportive living facilities
121 Deemed
residence
122 Presence
at mobile poll
123 Mobile
poll voting procedure
124 Mobile
poll count
125 Application
of Act to mobile polls
126 List
of electors for by‑election
127 Application
of Act to by‑election
128 Plebiscite
129 List
of electors for plebiscite
130 Conduct
of plebiscite
131 Application
of Act to plebiscite
132 Time
for voting
133 Right
of access for campaigning
134 Printed
or electronic advertising
135 No
election advertising at polling place
Part 4
Post‑Polling Day Procedures
136 Facilities
for official count
137 Conduct
of official count
138 Announcement
of official results
139 Disclaimer
140 Delay
in announcement of official results
141 Handling
of documents and register information after official count
142 Transmission
of election materials to Chief Electoral Officer
143 Compelling
returning officer to perform duties
144 Commencement
of appeal
145 Persons
to attend appeal
146 Conduct
of appeal or recount
147 Results
of appeal
148 Appeal
to Court of Appeal
149 Publication
of election results
150 Post‑election
custody of election documents
152 Inspection
of election documents
153 Provincial
Archives
Part 5
Offences
154 General
offence
155 Refusal
by election officer to carry out duties
157 Impersonation
158 Interference
with right of access
159 Interference
with posted documents
160 False
statements about candidate
161 Improper
appointment of election officer
162 Entertaining
163 Offence
re use of information
163.1 Consent to prosecute
Part 6
Corrupt Practices
164 Improper
practices
165 False
statements re list of electors
166 Interference
with voting secrecy
167 Fraudulent
voting
168 Falsification
of documents
169 Wilful
falsification of ballot count
170 Betting
171 Provision
of time to vote
172 Improper
inducement
173 Wilful
damage to poll book
174 Multiple
voting
175 Undue
influence
176 Election
Finances and Contributions Disclosure Act
177 Corrupt
practice offence
178 Corrupt
practice by candidate
179 Corrupt
practice by candidate’s official agent
180 Submission
of report
181 Corrupt
practice by non‑candidate
182 Payments
not constituting corrupt practice
183 Effect
of previous corrupt practices
184 Prohibitions
based on perjured evidence
Part 7
Controverted Elections
185 Filing
of petition
186 Petition
187 Security
for costs
188 Service
of petition
189 Address
for service
190 Application
to set aside petition
191 Application
by respondent for further particulars
192 Time
and place of trial
193 Application
to dismiss petition
194 Rules
of Court apply
195 Report
to Chief Electoral Officer
196 Withdrawal
from proceedings
197 Admission
of undue election
198 Costs
199 Appeals
200 Report
of judgment on appeal
201 No
count of ballots by judge
Part 8
General
202 Certain
irregularities excused
203 General
evidence
204 Confidentiality
of vote
205 Returning
officer’s certificate
206 Delay
in court proceedings
207 Regulations
Part 9
Fees and Expenses
208 Fees
and expenses
209 Candidate
may pay personal expenses
210 Monetary
claims against candidate
211 Payment
of late claim
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “advance
poll” means a poll taken in advance of polling day;
(b) “by‑election”
means an election other than a general election;
(c) “candidate”
means a person
(i) who is a member of the Legislative Assembly,
(ii) who is nominated as a candidate for an electoral division,
(iii) who is nominated by a constituency association of a registered
party in an electoral division for endorsation as the official candidate of
that party in the electoral division, or
(iv) who, on or after the date of the issue of a writ for an election
in an electoral division, declares the person’s candidacy as an independent
candidate at the election in the electoral division;
(d) “chief
financial officer” means a person so appointed by a candidate pursuant to the Election Finances and Contributions
Disclosure Act;
(e) “clerk”
means a clerk of the Court of Queen’s Bench;
(f) “corrupt
practice” means any act or omission that is a corrupt practice under this Act;
(g) “Court”
means the Court of Queen’s Bench;
(g.1) “declaration”
means a statement in writing in the form provided by the Chief Electoral
Officer;
(h) “election”
means an election of a person as a member of the Legislative Assembly conducted
under this Act;
(i) “election
officer” means a returning officer, election clerk, administrative assistant,
supervisory deputy returning officer, registration officer, deputy returning
officer, poll clerk or any other person having a duty to perform under this Act
for the faithful performance of which that person is to be sworn;
(j) “elector”
means a person who on
(i) polling day, in the case of an election, or
(ii) a date fixed by the Chief Electoral Officer, in the case of an
enumeration,
is a Canadian citizen, is
18 years of age or older and is, and has been for at least the immediately
preceding 6 months, ordinarily resident in Alberta;
(k) “electoral
division” means an area in Alberta established as an electoral division under
the Electoral Divisions Act;
(l) “enumeration”
means an enumeration of electors under Part 2, Division 3;
(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;
(o) “judge”
means a judge of the Court of Queen’s Bench;
(p) “licensed
premises” means licensed premises under the Gaming
and Liquor Act;
(q) “list
of electors” means a list of persons entitled to vote at an election;
(r) “member”
means a member of the Legislative Assembly;
(s) “mobile
poll” means a polling station established under section 120;
(t)
“oath” includes an affirmation;
(u) “official
agent” means an elector so appointed by a candidate pursuant to this Act;
(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 place 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 in a polling subdivision casts the
elector’s vote;
(z) “polling
subdivision” means that area of an electoral division that has been established
as a polling subdivision to enable the efficient conduct of an election;
(aa) “register”
means the register of electors established under section 13;
(bb) “registered
constituency association” means a
constituency association registered under the Election Finances and Contributions Disclosure Act;
(cc) “registered
political party” means a political party registered under the Election Finances and Contributions Disclosure
Act;
(dd) “respondent”
means a candidate against whose election a petition is filed under Part 7;
(ee) “returning
officer” means a person appointed under this Act as a returning officer and
includes a person acting in the
returning officer’s place;
(ff) “scrutineer”
means an elector of an electoral division who is authorized to represent a
candidate in that electoral division at a polling station;
(gg) repealed
2004 c23 s2;
(hh)
“Special Ballot” means the Special Ballot provided for by section 116;
(ii) “spoiled
ballot” means a ballot that has been
(i) dealt with by an elector in a manner that may render its use
inappropriate, and
(ii) surrendered by the elector to the deputy returning officer in
return for a new ballot;
(jj) “Standing
Committee” means the Standing Committee on Legislative Offices;
(kk) “subdivision”
means that area of an electoral division that has been established as a
subdivision to enable the efficient conduct of an enumeration;
(kk.1) “supportive
living facility” means
(i) a lodge accommodation as defined in the Alberta Housing Act,
or
(ii) a facility for adults or senior citizens that provides assisted
living and accommodation for 10 or more electors at any one location
but does not include a
treatment centre;
(ll) “treatment
centre” means
(i) a hospital, a sanatorium or a facility under the Mental Health Act, or
(ii) any facility not referred to in subclause (i),
providing medical treatment
or care on an in‑patient basis;
(mm) “voting”
means voting at an election or plebiscite;
(nn) “writ”
means a writ of election issued by the Chief Electoral Officer pursuant to an
order of the Lieutenant Governor in Council.
(2) Subject
to section 121, for the purposes of this Act, ordinary residence is determined
in accordance with the following rules:
(a) a
person can have only one place of ordinary residence;
(b) a
person’s ordinary residence is the place where the person lives and sleeps and
to which, when the person is absent from it, the person intends to return;
(c) a
student who
(i) is in attendance at an educational institution within or outside
Alberta,
