Local Authorities Election Act

LOCAL AUTHORITIES ELECTION ACT Chapter L‑21 Table of Contents 1 Definitions Part 1 Election Procedure 2,3 Joint elections 4 Improvement district and special area elections 5 Procedure modification 6 Ministerial powers 6.1 Ministerial powers re emergencies 7 Voting on bylaw or question 8 First elections 9 Term of office 10 General term of office 11 Election day 12 Summer villages 13 Appointment of returning officer and substitute returning officer 13.1 Impartiality 14 Duties of returning officer 14.1 Presiding deputy 15 Constable 16 Oath, statement 18 Substitute deputy or constable 19 Secretary ’ s duties 20 Administration of oaths 21 Qualification of candidates 21.1 Criminal record check 22 Ineligibility 23 Ineligibility for nomination 23.1 Disqualification of candidate 24 Re‑election 25 Nomination day 26 Notice of nomination day 27 Form of nomination 28 Nominations 28.1 Material to be provided to candidate 29 Deposit 30 Disposition of deposit 31 Insufficient nominations 32 Withdrawal of nomination 33 Death of candidate 34 Election by acclamation 35 Notice of election Part 2 Voting Procedure 36 Voting subdivisions 37 Voting stations 38 Compartments for voting 39 Ballot boxes 40 Sealing the ballot box 41 Printing of ballots 42 Names on ballot 43 Contents of ballot 44 Form of ballot 45 Instructions for voters 46 Voting hours 47 Eligibility to vote 48 Rules of residence 48.1 Residency and voting in Jasper 49 Permanent electors register 49.1 Providing permanent electors register to elected authority 52 Access for campaigners 53 Proof of elector eligibility 53.011 Bylaws with respect to proof of elector eligibility repealed 53.02 Other acceptable identification 53.03 Proof of elector eligibility in Jasper 55 Secrecy of vote 56 Maintenance of secrecy 57 Number of votes 58 Voting time for employees 59 Entries in elector register 60 Initialling of ballot 61 Explanation of manner of voting 62 Marking of ballots 63 Disposal of marked ballot 64 Person deemed to have voted 65 Replacement of spoiled ballot 66 Elector declining to vote 67 Persons at voting station 68 Prohibited removal of ballots 68.1 Option for official agent 69 Candidate’s scrutineer 70 Bylaw scrutineers 71 Proof of appointment 72 Interpreter 73 Advance vote 74 Notice of advance vote 75 Advance vote stations 77.1 Application for special ballot 77.2 Vote by special ballot 77.21 Receipt of completed special ballot packages 77.3 Late receipt of special ballot 78 Elector assistance 79 Elector assistance at home 80 Institutional vote location, eligibility and appointments 81 Attendance at an institutional vote 82 Institutional vote procedure 83 Deputy ’ s and constable ’ s votes 84 Alternative voting equipment prohibited 84.1 Elector assistance terminals Part 3 Post‑vote Procedure 85 Counting of votes 85.1 Counting centres 86 Void ballots 87 Note of objection 88 Ballot account 89 Signatures to ballot account 90 Certificate in elector register 91 Packets of ballots 91.1 Copy of elector register 92 Sealing ballot packets 93 Securing election documents 94 Delivery of ballot box and ballot account 95 Election results 96 Declaration of vote result 97 Declaration of election result 98 Reasons for preliminary recount 98.1 Recount on request 98.2 Recount process 99 Equal number of votes 100 Delivery of election material 101 Disposition of election material 102 Order for inspection of ballots Part 4 Recount Procedure 103 Judicial recount application 104 Notice of application 105 Time and place for recount 106 Persons permitted at recount 107 Process for recount 108 Examination of ballots 109 Recess during recount 110 Statement after recount 111 Equal number of recount votes 112 Certification of recount 113 Costs of recount 114 Payment of costs 115 Bylaw vote recount Part 5 Controverted Elections 116 Bribery 117 Undue influence 119 Oral evidence 120 Forfeiture of seat 121 Penalty for bribery or undue influence 122 Report of bribery or undue influence convictions 123 Witnesses 124 Limitation of action 125 Recovery of penalties 126 Trial of an election 127 Fiat for application 128 Application requirements 129 Filing of documents 130 Service of application 131 Application to try validity of election 132 Combination of applications 133 Grounds not allowed 134 Production of election material 135 Adding parties 136 Intervention 137 Hearing 138 Invalid election 139 Liability for costs — improper refusal 140 Liability for costs — non‑feasance or misfeasance 141 Form and effect of order 142 Return of judge ’ s order 143 Disclaimer after application 144 Effect of disclaimer 145 Delivery of duplicate disclaimer 146 Right of appeal 147 Regulations Part 5.1 Election Finances and Contributions Disclosure 147.1 Interpretation 147.12 Application of Part 147.13 Responsibility of contributors 147.2 Limitations on contributions 147.22 Notice required re contributions and expenses 147.221 Register of candidates 147.23 Anonymous and unauthorized contributions 147.24 Contributions not belonging to contributor 147.25 Transfers between local political parties and candidates 147.3 Duties of candidate 147.31 Fund‑raising functions 147.32 Receipts 147.33 Loans 147.34 Campaign expense limits 147.4 Campaign disclosure statements 147.5 Campaign surplus 147.52 Campaign deficit 147.53 Sections 147.4, 147.5, 147.52 continue to apply 147.7 Late filing 147.8 Effect of non‑compliance in relation to disclosure statements 147.81 Prosecution 147.82 Offences relating to contributions 147.83 Failure of candidate to comply with duties 147.84 Failure to file 147.85 Expenses more than maximum 147.91 Regulations and bylaw Part 6 Offences 148 Prohibitions 149 Offences — returning officer or deputy returning officer 150 Offences — integrity of the vote 151 Offence — candidate’s acceptance 152 Advertisement distribution 152.1 Campaign activities at a voting station 153 Interference with posted documents 154 Improper appointment 155 Provision of time to vote 156 Offence 157 Penalty — general 158 Offence re use of information Part 7 General 158.1 Methods of notification 158.2 Transitional 158.3 Local political parties and slates of candidates 159,160 Regulations 160.1 Lieutenant Governor in Council regulations re local political parties and slates of candidates 160.2 Ministerial regulations re local political parties and slates of candidates 161 Bylaws valid Part 8 Third Party Advertising 162 Definitions 162.1 Appointment of Registrar 163 Registration of third parties 164 Cancellation of registration 165 Election advertising expense limit 166 Collusion 167 Restrictions on advertising contributions and expenses 168 Payments made by third party 169 Deposit of advertising contributions 170 Additional rules for groups 171 Valuing contributions other than money 172 Fund‑raising functions 173 Advertising contributions less than $50 174 Loans 175 Anonymous contributions and unauthorized contributions 176 Contributions not belonging to contributor 177 Receipts 178 Third party advertising expenses 179 Identification of third parties 180 Disclosure of contributions for election advertising 182 Third party election advertising return 183 Disposition of advertising account funds 184 Late filing fee 185 Records 186 Prosecution 187 Third party election advertising offences 188 Regulations 188.1 Transitional — political advertising Part 9 Election Commissioner 190 Interpretation 191 Duties and powers of the Election Commissioner 192 Notice of investigation and conclusion 193 Administrative penalties 194 Time limit 195 Appeal of administrative penalty 196 Compliance agreements 197 Notice of compliance agreement 198 Failure to comply 199 Publication of notice 200 Application for injunction 201 Election Commissioner’s orders 202 Notice of prosecution 203 Disclosure 204 Duty to provide documents or information 205 Duty to refer complaints and allegations and to report acts or omissions HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “advance vote” means a vote taken in advance of election day; (a.1) “Alberta employee organization” means any organization that bargains collectively for employees in Alberta, and for the purposes of this Act all branches in Alberta of an employee organization are deemed to be one employee organization; (a.2) “Alberta trade union” means a trade union as defined in the Labour Relations Code , the Public Service Employee Relations Act or the Canada Labour Code (Canada) that holds bargaining rights for employees in Alberta, and for the purposes of this Act all locals of a trade union are deemed to be one trade union; (b) “area” means the area within the boundaries of a local jurisdiction; (c) “bribery” means bribery within the meaning of section 116; (d) “by‑election” means an election other than a general election or a first election; (e) “bylaw” includes a resolution on which the opinion of the electors is to be obtained; (e.1) “candidate” means, except in Part 5.1, an individual who has been nominated to run for election in a local jurisdiction as a councillor or trustee; (f) “constable” means a person appointed under this Act as a constable; (g) “council” means the council of a municipality as described in the Municipal Government Act ; (h) “councillor” means a member of council; (i) “Court” means the Court of King’s Bench; (j) “deputy” means the deputy returning officer; (k) “elected authority” means (i) a council under the Municipal Government Act , or (ii) a school board; (iii) repealed 2001 c11 s4; (l) “election” means a general election, first election, by‑election and a vote on a bylaw or question; (m) “election day” means the day fixed for voting at an election; (n) “elector” means a person eligible to vote at an election; (n.01) “elector assistance terminal” means a ballot‑marking machine that allows an elector to mark a ballot by an accessible means, including by use of Braille‑coded keypad, touch screen, pressure‑sensitive paddle or breath‑enabled marking; (n.1) “elector register” means the prescribed form on which the name of a person who has registered to vote is recorded; (n.2) “employee organization” means an organization, other than a trade union, that bargains collectively for employees; (o) “first election” means first election referred to in section 8; (p) “general election” means an election held for all the members of an elected authority to fill vacancies caused by the passage of time; (q) “judge” means a judge of the Court; (r) “local jurisdiction” means a municipality as defined in the Municipal Government Act or a school division as defined in the Education Act ; (r.1) “local political party” means, subject to section 158.3(2), an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more candidates in a local jurisdiction and supporting their election; (s) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (s.1) “nomination day” means the day referred to in section 25(1); (s.2) “nomination period” means the relevant period referred to in section 25(2); (t) “officer” means a returning officer or deputy; (t.1) “official agent” means a person appointed as an official agent pursuant to section 68.1; (t.11) “permanent electors register” means, (i) in respect of a municipality, a permanent electors register prepared in accordance with section 49, and (ii) in respect of a school division, that portion of each municipality’s permanent electors register that has an area in common with the school division; (t.2) “prescribed form” means the appropriate form as set out in the regulations; (t.3) “presiding deputy” means a deputy who has been appointed as a presiding deputy pursuant to section 14, by a returning officer; (t.4) “registered charity” means a registered charity within the meaning of subsection 248(1) of the Income Tax Act (Canada); (u) repealed 2001 c11 s4; (v) “relevant Minister” means, (i) in the case of a municipality, the Minister responsible for the Municipal Government Act , or (ii) repealed 2001 c11 s4, (iii) in the case of a school division as defined in the Education Act , the Minister responsible for Part 5 of the Education Act ; (w) “returning officer” means a person appointed under this Act as a returning officer and includes a person acting in the returning officer’s place; (w.01) “school board” means a board as defined in the Education Act ; (w.1) “scrutineer” means a person recognized as a scrutineer pursuant to section 69 or appointed pursuant to section 70; (x) “secretary” means a chief administrative officer or designated officer of a municipality if the council has assigned the functions of the secretary under this Act to the designated officer, or the secretary of a school board; (x.1) “slate” has the meaning prescribed by regulation; (y) repealed 2018 c23 s2; (z) “spoiled ballot” means a spoiled ballot as described in section 65; (z.1) “spouse” means the spouse of a married person but does not, for the purposes of section 22(4), include a spouse who is living separate and apart from the person if the person and spouse have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order; (z.2) “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 but does not include a treatment centre; (z.21) “trade union” means an organization of employees that has a written constitution, rules or bylaws and has as one of its objects the regulation of relations between employers and employees; (z.3) “treatment centre” means any of the following that provide medical treatment or care on an in-patient basis: (i) an approved hospital under the Provincial Health Agencies Act ; (ii) a facility under the Mental Health Act ; (iii) a facility not referred to in subclause (i) or (ii); (z.4) “trustee” means a member of a school board; (aa) “undue influence” means undue influence within the meaning of section 117; (bb) repealed 2018 c23 s2; (cc) “voting station” means the place where an elector votes; (dd) “voting subdivision” means that area of a local jurisdiction or ward designated as a voting subdivision by the elected authority or the returning officer; (ee) “ward” means (i) a ward under the Municipal Government Act , or (ii) repealed 2001 c11 s4, (iii) a ward or an electoral subdivision under the Education Act . RSA 2000 cL‑21 s1;2001 c11 s4;2002 cA‑4.5 s52;2003 c27 s2;2006 c22 s2; 2012 cE‑0.3 s276;2014 c8 s17;2018 c23 s2;2020 c22 s2;AR 217/2022; 2024 c11 s1(2);2025 c10 s36;2025 c13 s1(2) Part 1 Election Procedure Joint elections 2 (1) An elected authority may hold an election separately or in conjunction with another elected authority in the same area. (2) An elected authority may by resolution enter into an agreement with one or more elected authorities in the same area for the conduct of an election. (3) The agreement referred to in subsection (2) must state which elected authority is responsible for the conduct of the election, and that elected authority must ensure that the procedures prescribed under this Act for holding an election are complied with, including procedures in respect of the retention and destruction of election materials. (4) The elected authority that is responsible for the conduct of the election under an agreement referred to in subsection (2) has all the rights, powers and duties of the elected authorities that have entered into that agreement respecting the conduct of the election in the area to which the agreement applies, including the power to pass bylaws and resolutions but not the power to pass bylaws under section 27. RSA 2000 cL‑21 s2;2006 c22 s3;2012 c5 s103;2018 c23 s3 Joint elections 3 (1) An elected authority may by resolution enter into an agreement for the conduct of an election with one or more elected authorities of local jurisdictions that do not have contiguous boundaries but do have areas in common. (2) An agreement under subsection (1) (a) must state which elected authority and which returning officer is responsible for the conduct of the election in which area or part of an area, (b) must require each elected authority to appoint a returning officer, and (c) may, subject to subsections (3) and (4), provide for all other matters necessary for the conduct of the election. (3) A person may be a returning officer for more than one elected authority. (4) The elected authority that is responsible for the conduct of the election under an agreement referred to in subsection (1) has all the rights, powers and duties of the elected authorities that have entered into the agreement respecting the conduct of the election in the area to which the agreement applies, including the power to pass bylaws and resolutions but not the power to pass bylaws under section 27. (5) The elected authority that is responsible for the conduct of the election must ensure that the procedures prescribed under this Act for holding an election are complied with, including procedures in respect of the retention and destruction of election materials. RSA 2000 cL‑21 s3;2006 c22 s4;2012 c5 s104;2018 c23 s4 Improvement district and special area elections 4 If an election is to be held in an improvement district or special area, the Minister may assume any of the powers, duties or functions of an elected authority under this Act in respect of that election. 1985 c38 s3;1995 c24 s99(15) Procedure modification 5 All proceedings that, in the opinion of an elected authority, are necessary to give full effect to section 73, 77.1, 77.2, 77.21, 77.3, 79, 80 or 81 are deemed to be authorized notwithstanding any inconsistencies that may arise between any of those sections and any other provision of this Act. RSA 2000 cL‑21 s5;2006 c22 s5;2024 c11 s1(3) Ministerial powers 6 (1) The relevant Minister may (a) give directions governing the conduct of a general election, first election, by‑election or vote on a bylaw or question if the relevant Minister considers the provisions of this Act insufficient, and (b) require the elected authority to conduct a vote of the electors on any question specified by the relevant Minister at the same time as a general election is held or any question respecting any matter over which the elected authority has jurisdiction. (2) The relevant Minister may decide any questions arising from the difficulty or impossibility of applying this Act and in so deciding the relevant Minister may by order alter dates or periods prescribed by this Act for the doing of any matter or thing and may give other directions. (2.1) A decision, order or direction under subsection (2) may (a) be made or given after a prescribed date or period has passed, (b) alter a date or period to a date or period that is earlier than the prescribed date or period, or (c) be made in respect of a date or period that is earlier than the date of the decision, order or direction. (3) If there are wards in an area, the provisions of this Act respecting a general election apply unless specifically varied in this Act, and if the bylaw, resolution or order establishing wards does not provide for any matter, the relevant Minister may by order give direction as to that or any other matter or thing requisite to the proper conduct of an election. (4) The Regulations Act does not apply to a decision or order made or a direction given under this section. RSA 2000 cL‑21 s6;2024 c11 s1(4) Ministerial powers re emergencies 6.1 Subject to the regulations, the Minister, by order and in accordance with the regulations, if any, may extend or adjourn voting or take any other action the Minister considers appropriate if in the Minister’s opinion an emergency, a disaster or an unusual or unforeseen circumstance (a) is likely to have a significant effect on the conduct of an election or the ability of electors to attend at a voting station in one or more local jurisdictions, (b) puts or may put the health or safety of persons in a local jurisdiction at risk, or (c) may have other impacts prescribed by the regulations. 2024 c11 s1(5) Voting on bylaw or question 7 If this or any other Act provides for the submission of a bylaw or question to the electors for their assent or approval, the bylaw or question shall be submitted to a vote in accordance with this Act. 1983 cL‑27.5 s6;1994 cM‑26.1 s642(42) First elections 8 (1) In a newly formed local jurisdiction, (a) nominations, and (b) the first election, if an election is required, shall be held on the dates fixed by the relevant Minister and the persons elected hold office from the beginning of the first organizational meeting of the elected authority to immediately before the beginning of the organizational meeting of the elected authority after the next general election. (2) The relevant Minister shall provide for the conduct of a first election. (2.1) Parts 5.1 and 8 apply, with necessary modifications as determined by the relevant Minister, to a first election. (3) Notwithstanding any other Act, if an Act or an order under an Act is passed to create a new municipality or a new school division as defined in the Education Act , the first election for the municipality or school division may be held on a date prior to the date on which the Act or order comes into force. (4) A person elected at an election referred to in subsection (3) shall not be sworn into office before the effective date of the formation of the municipality or school division, as the case may be. RSA 2000 cL‑21 s8;2012 cE‑0.3 s276;2018 c23 s5 Term of office 9 (1) A person elected under this Act, unless otherwise disqualified from remaining in office, holds office from the beginning of the organizational meeting of the elected authority following the general election to immediately before the beginning of the organizational meeting of the elected authority after the next general election. (2) A person elected to an elected authority to fill a vacancy caused other than by the passage of time holds office from when the person takes the oath of office for the remainder of the period the person’s predecessor would have held office had that predecessor continued in office. 1983 cL‑27.5 s8;1994 cM‑26.1 s642(42) General term of office 10 (1) Commencing with the year 2013, (a) the members of an elected authority elected at a general election hold office for a term of 4 years, and (b) a general election shall be held every 4th year. (2) If a declaration is made under section 34(1) with respect to every office of the elected authority, those declared elected may hold an organizational meeting before the date of the general election. (3) Despite subsection (1), an organizational meeting held pursuant to subsection (2) terminates the term of office of the members of the elected authority elected at the previous general election. RSA 2000 cL‑21 s10;2003 c27 s3;2006 c22 s6;2012 c5 s105 Election day 11 (1) Election day for a local jurisdiction (a) in the case of a general election, if required, is to be the 3rd Monday in October, or (b) in the case of a by‑election or vote on a bylaw or question, shall be the day fixed by a resolution of the elected authority. (2) Notwithstanding subsection (1)(a), an elected authority may, by a bylaw passed prior to June 30 of a year in which a general election is to be held, provide that the election day in the local jurisdiction is to be the Saturday immediately preceding the 3rd Monday in October. (3) In a year where either, or both, of the following occur in conjunction with a general election, a bylaw referred to in subsection (2) is of no force and effect for the purpose of that general election and election day for that general election shall be the day referred to in subsection (1)(a): (a) a Senate election under the Alberta Senate Election Act ; (b) a referendum vote under the Referendum Act . RSA 2000 cL‑21 s11;2020 c38 s2 Summer villages 12 The provisions of this Act that apply to municipalities apply to summer villages except that in respect of a summer village (a) election day (i) in the case of a general election for council, shall be 4 weeks after the day established by council for the receipt of nominations for that election, and (ii) in the case of a by‑election or vote on a bylaw or question, shall be as established by resolution of the summer village council, (b) a person is entitled to vote at an election if (i) the person is eligible to vote under section 47, (ii) the person is 18, a Canadian citizen and is named on a certificate of title as the person who owns property within the summer village, or (iii) the person is 18, a Canadian citizen and is the spouse or adult interdependent partner of a person referred to in subclause (ii), (c) the nomination of candidates for election as councillors shall be in the form prescribed for use under section 27(1) and shall be signed by at least 5 electors eligible to vote at that election, (d) in the case of a general election, nominations for councillors shall be received by the returning officer in June or July or both June and July in the year in which an election is to be held at a date and place and between the hours established by council, and sections 25 and 28(1), (1.1) and (1.2) do not apply, (e) in the case of a by‑election, nominations for councillors, if any, shall be received by the returning officer between the hours of 10 a.m. and 12 noon at a date and place established by council, (f) voting hours in an election or in a vote on a bylaw or question shall be between the hours of 10 a.m. and 7 p.m., and section 46 applies except as to hours, (g) the time limit for withdrawal of nominations shall be 48 hours and section 32 applies except as to hours, and (h) in order to qualify for nomination as a councillor, a person is not required to be a resident of the summer village but must be entitled to vote in the election and have been a resident of Alberta for the 12 consecutive months immediately preceding election day. RSA 2000 cL‑21 s12;2002 cA‑4.5 s52;2003 c27 s4;2006 c22 s7; 2018 c23 s6;2020 c22 s3;2024 c11 s1(6) Appointment of returning officer and substitute returning officer 13 (1) An elected authority may, by resolution, appoint a returning officer for the purposes of conducting elections under this Act by June 30 of the year in which the election occurs or, for a by‑election or vote on a question or bylaw, in the resolution or bylaw that fixes the day for the by‑election or vote on a question or bylaw. (2) If the elected authority does not appoint a returning officer, the secretary is deemed to have been appointed as the returning officer. (2.1) An elected authority must, by resolution, appoint a substitute returning officer by June 30 of the year in which the election occurs or, for a by‑election or vote on a question or bylaw, in the resolution or bylaw that fixes the day for the by‑election or vote on a question or bylaw. (3) The following persons shall not be appointed as a returning officer or substitute returning officer for a local jurisdiction: (a) a candidate for the elected authority for that local jurisdiction; (b) in respect of a candidate for the elected authority for that local jurisdiction, the candidate’s spouse, adult interdependent partner, child, parent or sibling. (4) If, through illness, absence or other incapacity, the returning officer is incapable of performing the duties of returning officer, the substitute returning officer has and may exercise all the duties, functions and powers of a returning officer for the purposes of conducting elections under this Act. RSA 2000 cL‑21 s13;2018 c23 s7;2020 c22 s4;2024 c11 s1(7) Impartiality 13.1 (1) A returning officer must be independent and impartial when performing the duties of a returning officer. (2) No local jurisdiction, its officers or any other person shall obstruct or attempt to influence the returning officer in the carrying out of the duties of a returning officer. 2006 c22 s8 Duties of returning officer 14 (1) In addition to performing the duties specified in this or any other Act, a returning officer shall (a) appoint a presiding deputy, deputies, constables and other persons as required; (b) establish voting stations; (c) designate at least 2 deputies to work at each voting station, one of whom shall be designated as the presiding deputy, who is to be in charge of the voting station; (d) provide for the supply and delivery of ballots, ballot boxes, instructions to electors and other necessary supplies to all voting stations; (e) give notice of nominations; (f) receive and process nominations; (g) declare acclamations; (h) give notice of elections; (i) do all things necessary for the conduct of an election. (2) A returning officer has all the duties and powers of a presiding deputy and deputy. (3) A returning officer may delegate any of the returning officer’s powers and duties to a constable, presiding deputy or deputy and may impose conditions and restrictions on the delegation. RSA 2000 cL‑21 s14;2006 c22 s9;2018 c23 s8 Presiding deputy 14.1 A presiding deputy shall carry out the duties of a presiding deputy under this Act and any other duties that a returning officer assigns to the presiding deputy. 2006 c22 s10 Constable 15 (1) The presiding deputy at a voting station is charged with maintaining the peace at the voting station and with the approval of the returning officer, may appoint a constable to maintain order at the voting station, and may summon to the deputy’s assistance in a voting station a police officer or any other person for the purpose of maintaining order, preserving the public peace, preventing any breach of the public peace, or removing any person who, in the opinion of the deputy presiding at the voting station, is obstructing the voting or contravening this Act. (2) When requested to do so under subsection (1), a police officer shall forthwith attend on and assist the deputy making the request in the exercise of the deputy’s powers under that subsection. 1983 cL‑27.5 s15;1991 c23 s2(6) Oath, statement 16 (1) Every returning officer before performing the duties of that office must take and subscribe to the official oath in the prescribed form. (2) Every deputy, scrutineer and constable before performing the duties of that office must subscribe to a statement in the prescribed form. RSA 2000 cL‑21 s16;2003 c27 s5;2006 c22 s11;2012 c5 s106; 2024 c11 s1(8) 17 Repealed 2018 c23 s9. Substitute deputy or constable 18 If a person who has been appointed a deputy or constable becomes incapable of carrying out the duties of that office, the returning officer or a deputy returning officer may, in writing, appoint another person to act in the place of that person. RSA 2000 cL‑21 s18;2003 c27 s6 Secretary ’ s duties 19 (1) The secretary shall for the purposes of this Act, (a) on the request of the returning officer, provide the returning officer with information and assistance, and (b) on the vote results being declared by the returning officer, take custody of election materials and provide for their destruction in accordance with this Act. (2) The secretary may delegate any powers and duties of the secretary under this Act to the returning officer. RSA 2000 cL‑21 s19;2003 c27 s7 Administration of oaths 20 The returning officer, a presiding deputy or a commissioner for oaths is authorized to administer an oath to a person making an oath that is authorized or required by this Act. RSA 2000 cL‑21 s20;2003 c27 s8;2006 c22 s12 Qualification of candidates 21 (0.1) In this section, “city” means a municipality whose formation order specifies that municipality to be a city or whose status is changed to a city after its formation. (1) A person may be nominated as a candidate in any election under this Act if on nomination day the person (a) is eligible to vote in that election, (b) has been a resident of the local jurisdiction and the ward, if any, for the 6 consecutive months immediately preceding nomination day, and (c) is not otherwise ineligible or disqualified. (2) Notwithstanding subsection (1), in the case of a city, a candidate for councillor is not required to be a resident of the ward in either a general election or a by‑election, but must be a resident of the city. (3) Notwithstanding subsection (1), a candidate for trustee of a school division that is wholly or partly within the boundaries of a city is not required to be a resident of the ward in either a general election or a by‑election, but must be a resident of the school division. (4) If the boundaries of a local jurisdiction are altered by the addition of land, a person who has been a resident of the added land for at least the 6 months immediately preceding nomination day is deemed, for the purposes of this section, to have been a resident, during that time, of the local jurisdiction to which the land was added. RSA 2000 cL‑21 s21;2012 cE‑0.3 s276;2018 c23 s10;2024 c11 s1(9); 2025 c13 s1(3) Criminal record check 21.1 An elected authority, by a bylaw passed prior to December 31 of the year before a year in which a general election is to be held, may require a person seeking to be nominated as a candidate to provide a criminal record check. 2024 c11 s1(10) Ineligibility 22 (1) A person is not eligible to be nominated as a candidate in any election under this Act if on nomination day (a) the person is the auditor of the local jurisdiction for which the election is to be held; (b) subject to subsection (4), the person is an employee of the local jurisdiction for which the election is to be held unless the person takes a leave of absence under this section; (c) the person is indebted to the municipality of which the person is an elector for taxes in default exceeding $50, excluding from that amount (i) any indebtedness for current taxes, and (ii) any indebtedness for arrears of taxes for which the person has entered into a consolidation agreement with the municipality, unless the person is in default in the payment of any money due under the agreement; (d) the person is indebted to the local jurisdiction for which the election is to be held for any debt equalling or exceeding $500 and in default for more than 90 days; (d.1) the person has, within the previous 10 years, been convicted of an offence under this Act, the Election Act , the Election Finances and Contributions Disclosure Act or the Canada Elections Act (Canada). (e),(f) repealed 2006 c22 s13. (1.1) A person is not eligible to be nominated as a candidate for election as a trustee if on nomination day the person is employed by (a) a school division, (b) a charter school, or (c) an independent school, in Alberta unless the person takes a leave of absence under this section. (1.11) A person is not eligible to be nominated as a candidate for election as a councillor or as a trustee if on nomination day the person is employed by the Office of the Ombudsman unless the person takes a leave of absence under this section. (1.2) A person is not eligible to be nominated as a candidate for election as a councillor or a trustee if (a) a report was presented or transmitted under section 147.8(1) in respect of the person, (b) the Court did not dispense with, or extend the time for, compliance with section 147.4 by an order under section 147.8(3), and (c) subject to subsection (1)(d.1), nomination day for the election occurs within (i) the 8‑year period following the day on which the secretary presented the report to council or transmitted the report to the school board, or (ii) where the disclosure statement required by section 147.4 has been filed with the secretary, the 3‑year period following the day of filing, whichever period expires first. (1.3) Subsection (1.2) applies (a) with respect to a candidate for election as a councillor, if a report has been presented or transmitted under section 147.8(1)(a) respecting a campaign period beginning on or after January 1, 2014, and (b) with respect to a candidate for election as a trustee, if a report has been transmitted under section 147.8(1)(b) respecting a campaign period beginning on or after January 1, 2019. (1.4) A person is not eligible to be nominated as a candidate for election as a councillor or as a trustee if, on or after the time the person gives written notice or was required to give written notice under section 147.22, the person uses or expends a contribution in contravention of section 147.23. (2) Repealed 2006 c22 s13. (3) Subsection (1)(b) to (d) do not apply to a candidate for election as a trustee. (4) Subsection (1)(b) does not apply to a person by reason only (a) ‑ (f) repealed 2018 c23 s11; (g) that the person is appointed to a position under the Emergency Management Act ; (h) repealed 2018 c23 s11; (i) that the person has received a gratuity or allowance for services on a committee or board appointed by or responsible to the local jurisdiction; (j) ‑ (l) repealed 2018 c23 s11; (m) that the person is a volunteer chief, officer or member of a fire, ambulance or emergency measures organization established by a local jurisdiction or that the person is a volunteer for another purpose who performs duties under the direction of the local jurisdiction. (5) A person who is an employee of a municipality and who wishes to be nominated as a candidate in an election to be held for that municipality may notify that person’s employer on or after January 1 in the year of a general election or on or after the day the council passes a resolution to hold a by‑election but before the person’s last working day prior to nomination day that the person is taking a leave of absence without pay under this section. (5.1) A person employed by an entity referred to in subsection (1.1) who wishes to be nominated as a candidate for election as a trustee may notify that person’s employer on or after January 1 in the year of an election but before the person’s last working day prior to nomination day that the person is taking a leave of absence without pay under this section. (5.2) A person employed by the Office of the Ombudsman who wishes to be nominated as a candidate for election as a councillor or as a trustee may notify that person’s employer on or after January 1 in the year of an election but before the person’s last working day prior to nomination day that the person is taking a leave of absence without pay under this section. (6) Notwithstanding any bylaw, resolution or agreement of a local jurisdiction, every person who notifies an employer in accordance with subsection (5), (5.1) or (5.2) is entitled to a leave of absence without pay. (6.1) Repealed 2012 c5 s107. (7) An employee who takes a leave of absence under this section is subject to the same conditions that apply to taking a leave of absence without pay for any other purpose. (8) If an employee who takes a leave of absence under this section is not elected, the employee may return to work, in the position the employee had before the leave commenced, on the 5th day after election day or, if the 5th day is not a working day, on the first working day after the 5th day. (9) If an employee who takes a leave of absence under this section is declared elected, the employee is deemed to have resigned that position as an employee the day the employee takes the official oath of office as an elected official. (10) If an employee who takes a leave of absence under this section is declared elected but, after a recount under Part 4, is declared not to be elected, the employee may return to work on the first working day after the declaration is made, and subsections (7) and (8) apply. (11) Subject to subsection (12), an employee who takes a leave of absence under this section and is declared elected continues to be deemed to have resigned that position as an employee if the employee subsequently forfeits the elected office or if the employee’s election is adjudged invalid. (12) If, through no act or omission of the employee, an employee forfeits the elected office or the employee’s election is adjudged invalid, the employee may return to work on the first working day after the office is forfeited or the election is adjudged invalid, and subsections (7) and (8) apply. RSA 2000 cL‑21 s22;2001 cC‑28.1 s458;2001 c23 s1(11); 2002 cA‑4.5 s52;2002 c23 s1;2006 c22 s13;2007 c12 s12; 2009 c53 s104;2010 c9 s1;2012 cE‑0.3 s276;2012 c5 s107; 2018 c23 s11;2024 c11 s1(11);2025 c6 s37;2025 c13 s1(4); Ineligibility for nomination 23 (1) A person is not eligible to be nominated for more than one office of the same elected authority. (2) A member who holds office on an elected authority is not eligible to be nominated for or elected to the same or any other office on the elected authority (a) unless the member’s term of office is expiring, or (b) if the member’s term of office is not expiring, unless the member has resigned that office effective 18 days or more before nomination day. 1983 cL‑27.5 s23 Disqualification of candidate 23.1 A candidate is disqualified and becomes ineligible to continue as a candidate in an election under this Act if, on or after the day the candidate’s nomination has been accepted under section 28(5) and on or before election day, the candidate (a) is convicted of an offence (i) punishable by imprisonment for 5 or more years, or (ii) under section 123, 124 or 125 of the Criminal Code (Canada), or (b) uses or expends a contribution in contravention of section 147.23. 2024 c11 s1(12) Re‑election 24 (1) A person who held office on a school board and (a) who resigned that office to avoid making restitution for money the person received that disqualified the person from holding that office pursuant to this or any other Act and has been ordered by a judge to make restitution, or (b) who was declared by a judge to be disqualified to hold that office pursuant to this or any other Act, is not eligible to become a member of that school board until after 2 general elections have occurred after the date on which the person was ordered to make restitution or was declared to be disqualified. (2) Notwithstanding that a by‑election or general election has been held between the time when the disqualification of the member or former member arose and the time when the order or declaration has been made by the judge, subsection (1) applies and, if the person was re‑elected, the person is not eligible to remain a member of the school board. (3) Notwithstanding subsections (1) and (2), a judge (a) who has made an order described in subsection (1)(a), or (b) who has declared a person to be disqualified may reduce the period of disqualification. (4) An appeal against the decision of a judge under this section lies to the Court of Appeal. RSA 2000 cL‑21 s24;2012 cE‑0.3 s276;2025 c13 s1(5) Nomination day 25 (1) Nomination day is 4 weeks before election day. (2) A person may file a nomination to become a candidate (a) for a general election, within the period beginning on January 1 in a year in which a general election is to be held and ending at 12 noon on nomination day, and (b) for a by‑election, within the period beginning on the day after the resolution or bylaw is passed to set election day for the by‑election and ending at 12 noon on nomination day. RSA 2000 cL‑21 s25;2018 c23 s12;2020 c22 s5 Notice of nomination day 26 (1) The returning officer shall give notice of nomination day in the prescribed form by publishing a notice at least once a week in each of the 2 weeks before nomination day in a newspaper or other publication circulating in the area, or by mailing or delivering a notice to every residence in the local jurisdiction at least one week before nomination day. (2) On complying with subsection (1), the returning officer may publish, mail and deliver additional notices and give notice by any other method as many times as the returning officer considers appropriate. RSA 2000 cL‑21 s26;2003 c27 s9 Form of nomination 27 (1) Every nomination of a candidate must (a) be in the prescribed form, (b) be signed by at least 5 persons who are electors eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, (c) be accompanied with a written acceptance sworn or affirmed in the prescribed form by the person nominated, stating (i) that the person is eligible to be elected to the office, (ii) the name, address and telephone number of the person’s official agent, if one has been appointed, (iii) that the person will accept the office if elected, (iv) that the person will read and comply with the municipality’s code of conduct if elected, and (v) that the persons who have signed the nomination are electors who are eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, (d) if required by bylaw, be accompanied with a deposit in the required amount, and (e) if required by bylaw, be accompanied with a criminal record check. (1.1) A person who files a nomination shall also submit, in the prescribed form and on the same day a nomination is submitted under section 28(1), the following information to the returning officer: (a) the full name and contact information of the candidate; (b) the address of the place or places where records of the candidate are maintained and of the place to which communications may be addressed; (c) the name and address of the financial institutions to be used by or on behalf of the candidate for the candidate’s campaign account, if applicable; (d) the names of the signing authorities for each account referred to in clause (c), if applicable. (1.2) When there is any change in the information required to be provided under subsection (1.1), the candidate shall notify the local jurisdiction in writing within 48 hours after the change, and on receipt of the notice the local jurisdiction shall update the information accordingly. (1.3) Notice under subsection (1.2) may be sent by fax or e‑mail. (2) Notwithstanding subsection (1), a municipality that is a local jurisdiction with a population of at least 10 000 or a school board of a local jurisdiction with a population of at least 10 000 may, by a bylaw passed prior to December 31 of the year before a year in which a general election is to be held, specify the minimum number of electors required to sign the nomination of a candidate for an office, but that number must be at least 5 and not more than 100. (3) Notwithstanding subsection (1), if a system of wards is in effect, only an elector who is a resident of the ward for which a candidate for election is being nominated may sign the nomination of the candidate. (4) Repealed 2018 c23 s13. RSA 2000 cL‑21 s27;2003 c27 s10;2006 c22 s14;2012 cE‑0.3 s276; 2017 c13 s4;2018 c23 s13;2020 c22 s6;2024 c11 s1(13); 2025 c13 s1(6) Nominations 28 (1) Subject to subsection (1.2), nominations shall be submitted at the local jurisdiction office at any time during the nomination period. (1.1) An elected authority may, by a bylaw passed prior to December 31 of the year before a year in which a general election is to be held, provide that a returning officer may establish one or more locations, in addition to the local jurisdiction office, where a deputy may receive nominations. (1.2) If an elected authority passes a bylaw referred to in subsection (1.1), nominations shall be submitted to the local jurisdiction office or any location established by the returning officer at any time during the nomination period. (2) The person nominated as a candidate is responsible for ensuring that the nomination filed under this section meets the requirements of section 27. (3) Any person may file a nomination described in section 27 in accordance with this section.

(4) A returning officer shall not accept the following for filing: (a) a nomination that is not completed in the prescribed form; (b) a nomination that is not signed by at least the minimum number of persons required to sign the nomination; (c) a nomination that is not sworn or affirmed by the person nominated; (c.1) if a bylaw has been passed under section 21.1, a nomination that is not accompanied with the criminal record check required by the bylaw; (d) if a bylaw has been passed under section 29(1), a nomination that is not accompanied by the deposit required by the bylaw. (5) If the returning officer has not rejected a nomination form under subsection (4), the returning officer must sign the form to indicate that the form has been accepted. (6) At any time after the commencement of the nomination period until the term of office to which the filed nomination papers relate has expired, a person may request to examine the filed nomination papers during regular business hours and in the presence of the returning officer, deputy or secretary. (6.1) A filed nomination paper referred to in subsection (6) must be made available in a partial or redacted form as necessary to ensure that the following is not disclosed: (a) the mailing address of the candidate and of the candidate’s official agent; (b) any personal information that in the opinion of the returning officer, deputy or secretary would compromise the personal safety of the candidate. (6.2) If a criminal record check accompanies a candidate’s nomination papers, the results of the criminal record check must not be withheld or redacted under subsection (6.1) except to ensure that the mailing address of the candidate and of the candidate’s official agent is not disclosed. (7) The returning officer or secretary must retain all the filed nomination papers until the term of office to which the papers relate has expired. (8) Twenty‑four hours after the close of nominations on nomination day, the returning officer shall, as soon as practicable, forward a signed statement showing the name of each nominated candidate and any information about the candidate that the candidate has consented to being disclosed to the relevant Minister’s Deputy Minister. (9) A statement referred to in subsection (8) may be forwarded by electronic means, including by fax or e‑mail. (10) Within 48 hours of the close of nominations on nomination day, the returning officer shall post or cause to be posted at the local jurisdiction office the names of all candidates that have been nominated and the offices for which they were nominated. RSA 2000 cL‑21 s28;2003 c27 s11;2006 c22 s15;2012 c5 s108; 2018 c23 s14;2020 c22 s7;2024 c11 s1(14) Material to be provided to candidate 28.1 The returning officer, on receiving a nomination paper, must, if requested by the candidate, provide to the candidate a sufficient number of copies of the prescribed form for the identification of an official agent, campaign workers and scrutineers for the purposes of identification under section 52. 2006 c22 s16 Deposit 29 (1) An elected authority may, by a bylaw passed prior to December 31 of the year before a year in which a general election is to be held, require that every nomination be accompanied with a deposit in the amount fixed in the bylaw. (2) An amount fixed in a bylaw under subsection (1) may not exceed (a) $1000, in the case of a local jurisdiction with a population of more than 10 000, or (b) $100, in any other case. RSA 2000 cL‑21 s29;2006 c22 s17;2024 c11 s1(15) Disposition of deposit 30 (1) When a bylaw has been passed to provide for a deposit, the returning officer shall require the deposit to be paid in cash, by certified cheque, by money order, by e‑transfer or by debit card or credit card. (2) The candidate’s deposit shall be returned to the candidate (a) if the candidate is declared elected, (b) if the candidate obtains a number of votes at least equal to 1/2 of the total number of votes cast for the candidate elected to the office with the least number of votes, or (c) if the candidate withdraws as a candidate in accordance with section 32. (3) If a candidate dies before the closing of the voting stations on election day, the sum deposited by the candidate shall be returned to the candidate’s estate. (4) If a candidate does not obtain the number of votes described in subsection (2)(b), the deposit shall be paid into the general revenue of the local jurisdiction for which the deposit requirement has been established. RSA 2000 cL‑21 s30;2003 c27 s12;2024 c11 s1(16) Insufficient nominations 31 (1) If the number of persons nominated for any office is less than the number required to be elected, the time for receipt of nominations (a) shall stand adjourned to the next day at the same place at the hour of 10 a.m. and shall remain open until 12 noon for the purpose of receiving further nominations for the office, and (b) shall continue to remain open and be adjourned in the same manner from day to day until a period of 6 days, including nomination day but not including Saturday, Sunday and holidays, as defined in the Interpretation Act , has elapsed. (2) Repealed 2018 c23 s15. (3) Notwithstanding subsection (1)(b), in the case of a summer village the period of 6 days includes Saturday and Sunday. (4) If sufficient nominations to fill all vacancies are not received, the secretary shall immediately notify the relevant Minister, who may recommend to the Lieutenant Governor in Council a change in the status of the local jurisdiction or take any other action the relevant Minister considers necessary. RSA 2000 cL‑21 s31;2018 c23 s15;2024 c11 s1(17) Withdrawal of nomination 32 An individual nominated as a candidate may, at any time during the nomination period or within 24 hours after the close of the nomination period, withdraw as a candidate for the office for which the candidate was nominated by filing a withdrawal in writing with the returning officer. RSA 2000 cL‑21 s32;2020 c22 s8;2024 c11 s1(18);2025 c13 s1(7) Death of candidate 33 (1) An elected authority may, by a bylaw passed prior to nomination day, provide that if prior to the opening of the voting stations on election day a candidate for an elected authority dies after being nominated, (a) the election for the position for which the deceased candidate was nominated shall be discontinued, and (b) the elected authority shall as soon as practicable provide for the holding of a new election for that office. (2) If a candidate dies after being nominated and a bylaw has not been passed under subsection (1), the returning officer shall cause a notice of the death to be posted at a conspicuous location in all the relevant voting stations. 1983 cL‑27.5 s33;1991 c23 s2(14) Election by acclamation 34 (1) If, 24 hours after the close of nominations, the number of candidates for an office is equal to the number of offices for which the election is held, the returning officer shall declare each of the candidates to be elected to the office for which they were nominated. (2) Forthwith after having declared a person elected, the returning officer shall give to the secretary and the relevant Minister’s Deputy Minister written notification signed by the returning officer of the names of the persons so elected and of the offices to which they were elected and the returning officer shall deliver the nomination papers and other material relating to the receipt of nominations to the secretary. (2.1) Repealed 2006 c22 s18. (3) At any time after 12 noon on nomination day until the term of office to which the filed nomination papers relate has expired, a person may request to examine the filed nomination papers during regular business hours and in the presence of the returning officer, deputy or secretary. (4) The returning officer or secretary must retain all the filed nomination papers until the term of office to which the nomination papers relate has expired. RSA 2000 cL‑21 s34;2003 c27 s13;2006 c22 s18;2025 c13 s1(8) Notice of election 35 (1) If more than the required number of persons for any office remain nominated 24 hours after the close of nominations, the returning officer shall declare that an election shall be held for filling that office. (2) Subject to subsection (2.1), if an election is required, the returning officer shall give notice of it in the prescribed form by publishing a notice at least once a week in each of the 2 weeks before election day in a newspaper or other publication circulating in the area, or by mailing or delivering a notice to every residence in the local jurisdiction at least one week before election day. (2.1) If an election does not apply to an entire local jurisdiction, a notice published, mailed or delivered under subsection (2) is only required to be published, mailed or delivered in a ward or voting subdivision within that local jurisdiction where an election is required. (3) The notice of a vote on a bylaw or question shall set out the text or a reasonably complete summary of the bylaw or question. (4) On complying with subsection (2), the returning officer may publish, mail and deliver additional notices and give notice by any other method as many times as the returning officer considers appropriate. RSA 2000 cL‑21 s35;2003 c27 s14;2018 c23 s16 Part 2 Voting Procedure Voting subdivisions 36 (1) The elected authority by resolution, or the returning officer if authorized by resolution of the elected authority, may divide the local jurisdiction into voting subdivisions and may from time to time alter their boundaries but may not alter them between the time of the giving of notice of an election and the election day. (2) If voting subdivisions are not established under subsection (1), (a) the area, or (b) the ward, if there are wards, is considered to be one voting subdivision. 1983 cL‑27.5 s36;1985 c38 s9 Voting stations 37 (1) The returning officer shall designate the location of one voting station only for each voting subdivision and the location may be outside the area. (2) When a voting station designated by the returning officer is not available, the returning officer shall designate another place in the vicinity and shall, by notice posted at the original voting station, direct the electors to the other voting station. (3) The elected authority may pass a bylaw by June 30 of a year in which a general election is to be held allowing the returning officer of the elected authority to designate (a) more than one voting station for each subdivision, and (b) the location of those voting stations. RSA 2000 cL‑21 s37;2018 c23 s17;2024 c11 s1(19) Compartments for voting 38 (1) The returning officer shall ensure that each voting station is furnished with one or more voting compartments arranged so that an elector is screened from observation and may mark the elector’s ballot without interference or interruption. (2) In each voting compartment there shall be provided for the use of the electors in the marking of ballots a table, desk or shelf with a hard surface and a suitable marking instrument that shall be kept operational during the hours of voting. 1983 cL‑27.5 s38;1997 c15 s11 Ballot boxes 39 (1) The secretary shall provide sufficient ballot boxes to the returning officer. (2) A ballot box must be made of durable material and so constructed that ballots can be deposited into the ballot box and cannot be removed from it unless the seal is broken and the ballot box opened. RSA 2000 cL‑21 s39;2018 c23 s18 Sealing the ballot box 40 (1) The presiding deputy at a voting station shall, immediately after the opening of the voting station, show each ballot box to the persons present at the voting station so that they can see that it is empty, close and seal the box so that it cannot be opened without breaking the seal and place the box in the presiding deputy’s view for the receipt of ballots. (2) The presiding deputy at the voting station shall keep each ballot box closed and sealed and in full view of all present during the hours of voting. (3) Subsections (1) and (2) apply to additional ballot boxes that are required at the voting station after the voting station has been opened. RSA 2000 cL‑21 s40;2006 c22 s19 Printing of ballots 41 If an election is required, the returning officer shall forthwith cause a sufficient number of ballots to be printed at the expense of the local jurisdiction. 1983 cL‑27.5 s41 Names on ballot 42 (1) A separate ballot shall be used for (a) the office of chief elected official; (b) the offices of councillors; (c) the offices of trustees. (2) The names of the candidates for (a) the office of chief elected official; (b) the offices of councillors; (c) the offices of trustees; must be placed on the ballot in the prescribed form. (3) Every ballot used in an election for a member of an elected authority shall contain a brief explanatory note stating the maximum number of candidates who can be voted for in order not to make the ballot subject to being rejected. (4) Every ballot used in an election for chief elected official shall contain a brief explanatory note stating that the ballot shall not be marked for more than one candidate. RSA 2000 cL‑21 s42;2006 c22 s20;2024 c11 s1(20) Contents of ballot 43 (1) Each ballot shall contain the name of each candidate. (2) The names of the candidates on each ballot shall be arranged alphabetically in order of the surnames and, if 2 or more candidates have the same surname, the names of those candidates shall be arranged alphabetically in the order of their given names. (3) Notwithstanding subsection (2), if an elected authority passes a bylaw 2 months before an election that provides that (a) ballots shall be printed in as many lots as there are candidates for the office, (b) in the first lot the names of the candidates shall appear in alphabetical order, (c) in the 2nd lot the names shall appear in the same order, except that the first name in the first lot shall be placed last, (d) in each succeeding lot, the order shall be the same as that of the preceding lot, except that the first name in the preceding lot shall be placed last, and (e) tablets of ballots to be used at each voting station shall be made up by combining ballots from the different lots in regular rotation so that no 2 consecutive electors may receive ballot papers from the same lot and so that each candidate’s name shall appear first and in each other position substantially the same number of times on the ballots used, then the ballots used in an election while the bylaw is in force shall be in the form described in this subsection. 1983 cL‑27.5 s43;1991 c23 s2(17) Form of ballot 44 (1) If there is to be a vote on a bylaw or question, the elected authority by resolution (a) must determine the wording to be used on the ballot, and (b) may determine the form of the ballot. (2) If the elected authority does not determine the form of the ballot under subsection (1), the returning officer must do so. 1983 cL‑27.5 s44;1997 c15 s12 Instructions for voters 45 (1) Before the opening of the voting station, the presiding deputy at the voting station shall cause the printed instructions for the electors to be posted within each voting compartment and at a conspicuous location within the voting station and shall ensure that they remain posted there until the close of the voting station. (2) The instructions shall be printed in clearly legible characters in the prescribed form. (3) The local jurisdiction may authorize the presiding deputy to post the printed instructions in languages other than English at the voting stations as the local jurisdiction considers appropriate. RSA 2000 cL‑21 s45;2006 c22 s21 Voting hours 46 (1) Every voting station shall be kept open continuously on election day from 10 a.m. until 8 p.m. (2) Notwithstanding subsection (1), an elected authority may, by a bylaw passed prior to June 30 of a year in which an election is to be held, provide that the voting station is to be open before 10 a.m. (2.1) Despite subsection (1), an elected authority that is responsible for the conduct of an election under an agreement referred to in section 2(2) or 3(1) may, by a bylaw passed before June 30 of a year in which an election is to be held, provide that voting stations in an area that is subject to the agreement are to be open before 10 a.m. (3) Promptly at 8 p.m. on election day, the deputy shall declare the voting station closed. (4) If, when the voting station is declared closed, there is an elector in the voting station or in line to enter the voting station who wishes to vote, the elector shall be permitted to do so, but no other person shall be allowed to enter the voting station for that purpose. RSA 2000 cL‑21 s46;2006 c22 s22;2024 c11 s1(21) Eligibility to vote 47 (1) A person is eligible to vote in an election held pursuant to this Act if the person (a) is at least 18 years old, (b) is a Canadian citizen, and (c) resides in Alberta and the person’s place of residence is located in the local jurisdiction on election day. (2) Subject to subsection (3) and sections 75, 77.1, 79, 81 and 83, an elector is eligible to vote only at the voting station for the voting subdivision in which the elector’s place of residence is located on election day. (3) If a local authority establishes a voting station at a work site, the local authority may direct that those workers who are electors who wish to vote and who are required to work at the site during the hours for which the voting station is open shall vote at that voting station, notwithstanding that those workers do not reside in the voting subdivision in which that voting station is located. (4) Repealed 2018 c23 s19. RSA 2000 cL‑21 s47;2003 c27 s15;2006 c22 s23;2018 c23 s19 Rules of residence 48 (1) For the purposes of this Act, the place of residence is governed by the following rules: (a) a person may be a resident of only one place at a time for the purposes of voting under this Act; (a.1) if a person has more than one residence in Alberta, that person shall, in accordance with subsection (1.1), designate one place of residence as the person’s place of residence for the purposes of this Act; (b) the residence of a person is the place where the person lives and sleeps and to which, when the person is absent, the person intends to return; (c) a person does not lose the person’s residence by leaving the person’s home for a temporary purpose; (d) subject to clause (e), a student who (i) attends an educational institution within or outside Alberta, (ii) temporarily rents accommodation for the purpose of attending an educational institution, and (iii) has family members who are resident in Alberta and with whom the student ordinarily resides when not attending an educational institution is deemed to reside with those family members; (e) if a person leaves the area with the intention of making the person’s residence elsewhere, the person loses the person’s residence within the area. (1.1) For the purposes of subsection (1)(a.1), a person shall designate the person’s place of residence in accordance with the following factors in the following order of priority: (a) the address shown on the person’s driver’s licence or motor vehicle operator’s licence issued by or on behalf of the Government of Alberta or an identification card issued by or on behalf of the Government of Alberta; (b) the address to which the person’s income tax correspondence is addressed and delivered; (c) the address to which the person’s mail is addressed and delivered. (2) A person who is a resident of a public school division or of a separate school division under the Education Act is deemed to be a resident of that public school division or that separate school division, as the case may be, under this Act. (3) Repealed 2012 cE‑0.3 s276. RSA 2000 cL‑21 s48;2003 c27 s16;2010 c9 s1;2012 cE‑0.3 s276 Residency and voting in Jasper 48.1 (1) This section applies to an election held in 2025 or 2026 in a local jurisdiction in the same area as the Municipality of Jasper. (2) Notwithstanding anything in this Act, an individual is deemed to be a resident of the Municipality of Jasper for the purposes of sections 21, 27 and 47 to 49 if the individual makes a statement in accordance with subsection (3). (3) For the purposes of this section, a statement must be in writing and signed by the individual and state that the individual (a) was a resident of the Municipality of Jasper on July 22, 2024, (b) continues to be displaced from the Municipality of Jasper as a result of the wildfire in 2024, and (c) intends to resume residence in the Municipality of Jasper as soon as is reasonably practicable. (4) A statement referred to in subsection (2) must be submitted with a nomination if (a) an individual who is being nominated under section 27 is relying on the statement to establish the individual’s qualifications in accordance with section 21, and (b) an individual who signs a nomination in accordance with section 27(1)(b) is relying on the statement to establish the individual’s residency in the Municipality of Jasper. (5) Before opening a voting station in the Municipality of Jasper, the presiding deputy at the voting station must post a notice respecting the entitlement of electors to make a statement referred to in subsection (2) within each voting compartment and at a conspicuous location within the voting station, and the presiding deputy must ensure that the notice remains posted there until the voting station closes. (6) Before issuing a ballot to an elector, a deputy must offer the elector an opportunity to make a statement referred to in subsection (2). (7) Notwithstanding anything in this Act, if an elected authority has made a resolution under section 77.1(2) and an application is made for a special ballot, the returning officer or deputy who receives the application must provide the applicant with the following: (a) the forms referred to in section 77.1(3)(b); (b) a form containing the statements referred to in subsection (3)(a), (b) and (c) for the elector to complete; (c) sufficient instructional information on how to complete the form. 2025 c13 s1(9) Permanent electors register 49 (1) Subject to this section, a municipality must prepare a permanent electors register of residents in the municipality who are eligible to vote that is compiled and revised primarily using information received from the Chief Electoral Officer. (2) A municipality must enter into an agreement with the Chief Electoral Officer under the Election Act (a) to receive from the Chief Electoral Officer information that will assist the municipality in compiling or revising the permanent electors register, and (b) to provide to the Chief Electoral Officer information that will assist the Chief Electoral Officer in preparing or revising information for the purpose of compiling or revising the register of electors under the Election Act . (3) A municipality may use any other information obtained by or available to the municipality to supplement the information received under subsection (1) in compiling and revising a permanent electors register. (3.1) A municipality must enter in the permanent electors register any information referred to in subsection (5) that is collected under this Act during an election. (3.2) A person may be added to the permanent electors register when the municipality has the information with respect to that person that is referred to in subsection (5)(a), (b) and (e). (3.3) Notwithstanding this section, a summer village may, but is not required to, prepare a permanent electors register and enter into an agreement with the Chief Electoral Officer for the purposes of this section. (4) The permanent electors register may be compiled or revised manually or by means of any computer‑based system and may be kept in printed form or may be stored in any computer‑based system or any other information storage device that is capable of reproducing any required information in legible printed form within a reasonable time. (5) The permanent electors register may contain only the following information about persons ordinarily resident in the municipality who are electors or may 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 middle initial of the person, (c) the residential telephone number of the person, (d) the gender of the person, (e) the day, month and year of birth of the person, and (f) repealed 2018 c23 s20, (g) whether the person is a public school resident or a separate school resident. (6) The information referred to in subsection (5)(d) and (e) obtained under this Act may be used only to verify the identification of an elector when compiling or revising the permanent electors register. (7) Persons are entitled to have access to information in the permanent electors register about themselves or about another person on whose behalf they are authorized to act, to determine whether the information is correct. (7.1) Only a returning officer may use a permanent electors register and only as it relates to the exercise of a power or performance of a duty of a returning officer under this Act. (8) For greater certainty, a candidate, official agent or scrutineer shall not access or use the permanent electors register, including, without limitation, taking a photograph or making a copy of the register. RSA 2000 cL‑21 s49;2006 c22 s24;2018 c23 s20;2024 c11 s1(22); 2025 c13 s1(10) Providing permanent electors register to elected authority 49.1 A municipality that prepares a permanent electors register in accordance with section 49 must, on request, provide a copy of the permanent electors register to another elected authority in the same area. 2025 c13 s1(11) 50 and 51 Repealed 2024 c11 s1(23). Access for campaigners 52 (1) A person to whom a candidate, an official agent or a campaign worker on behalf of a candidate has produced identification in the prescribed form indicating that the person is a candidate, an official agent or a campaign worker shall not (a) obstruct or interfere with, or (b) cause or permit the obstruction or interference with the free access of the candidate, official agent or campaign worker to each residence in a building containing 2 or more residences or to each residence in a mobile home park. (2) Repealed 2024 c11 s1(24). RSA 2000 cL‑21 s52;2003 c27 s18;2006 c22 s26;2018 c23 s21; 2024 c11 s1(24) Proof of elector eligibility 53 (1) Every person who attends at a voting station for the purpose of voting must be permitted to vote if (a) the person (i) is named on the permanent electors register, and (ii) produces one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the person, or (b) the person (i) makes a statement that the person is eligible to vote as an elector in the presence of an officer at the voting station, in the prescribed form, and (ii) validates the person’s identity and address of the person’s residence in accordance with subsection (3). (iii) repealed 2024 c11 s1(25). (2) A statement referred to in subsection (1)(b)(i) must include the address of the person’s residence. (3) A person may validate the person’s identity and the address of the person’s residence for the purpose of subsection (1)(b)(ii) (a) repealed 2024 c11 s1(25), (b) by producing one of the following: (i) one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the person, the person’s name and the address of the person’s residence; (ii) one piece of identification authorized by the Chief Electoral Officer under the Election Act for the purposes of section 100(2)(b) of that Act that establishes the person’s name and current address; (iii) one piece of other acceptable identification referred to in section 53.02. (3.1) The identification referred to in subsection (3)(b)(i) includes a person’s driver’s licence or motor vehicle operator’s licence issued by or on behalf of the Government of Alberta or an identification card issued by or on behalf of the Government of Alberta that contains a photograph of the person and the person’s name and post office box number. (4) Notwithstanding subsection (1)(b)(ii), a person may validate the address of the person’s residence if the person is accompanied by an elector who (a) validates the elector’s identity and the address of the elector’s residence in accordance with subsection (3), and (b) vouches for the person in accordance with subsection (7). (4.1) Subsection (4) does not apply to a person whose residence is in a summer village that has not prepared a permanent electors register in accordance with section 49. (5) A scrutineer shall not vouch for a person under subsection (4)(b). (6) An elector shall not vouch for a person if any of the following circumstances apply: (a) the elector has relied on the process described in subsection (4) to validate the elector’s address; (b) subject to subsection (6.1), the elector has already vouched for another person; (c) the elector’s name is not contained in the permanent electors register. (6.1) An elector may vouch for more than one person if every person the elector vouches for shares the same place of residence. (7) For the purposes of subsection (4)(b), an elector who vouches for a person must make a statement, in the prescribed form, that (a) the elector knows the person, (b) the elector knows that the person resides at the address indicated in the person’s statement, and (c) the elector has not relied on the process described in subsection (4) to validate the elector’s address. (8) A person who attends at a voting station shall not be permitted to vote unless that person meets the requirements of this section. RSA 2000 cL‑21 s53;2006 c22 s27;2012 c5 s109;2018 c23 s22; 2020 c22 s9;2021 c24 s7;2024 c11 s1(25);2025 c13 s1(12) 53.01 Repealed 2024 c11 s1(26). Bylaws with respect to proof of elector eligibility repealed 53.011 A bylaw or any portion of a bylaw passed by an elected authority prior to the coming into force of this section that provides for the number and types of identification that are required to be produced by a person to verify or validate the person’s name, address or age and that was in effect immediately before the coming into force of this section is repealed on the coming into force of this section. 2024 c11 s1(27) Other acceptable identification 53.02 (1) The relevant Minister may, by order, (a) establish other acceptable identification for the purpose of section 53(3)(b)(iii), and (b) provide a process for establishing the address of a person’s residence if the person produces identification under section 53(1)(b) that uses a non‑residential address. (2) The Regulations Act does not apply to an order referred to in subsection (1). 2018 c23 s22;2024 c11 s1(28) Proof of elector eligibility in Jasper 53.03 (1) This section applies to an election held in 2025 or 2026 in a local jurisdiction in the same area as the Municipality of Jasper. (2) Notwithstanding section 53, a person who attends at a voting station in the Municipality of Jasper for the purpose of voting or submits an application for a special ballot under section 77.1(1.1) is permitted to vote if the person (a) makes a statement in accordance with section 48.1, and (b) produces one piece of identification issued by a Canadian government, whether federal, provincial or local, or an agency of that government, that contains a photograph of the individual. 2025 c13 s1(13) 53.1 and 54 Repealed 2024 c11 s1(29). Secrecy of vote 55 (1) Voting shall be by secret ballot. (2) While an elector is in a voting compartment for the purpose of marking the elector’s ballot, no other person may, except as permitted in section 78, enter the voting compartment or be in a position from which the person can see how the elector marks the elector’s ballot. (3) Except as provided in section 78, it is an offence for an elector to show the elector’s ballot to any person so as to allow the elector’s vote to be known. (4) Notwithstanding subsections (2) and (3), an elector may be accompanied in a voting compartment by a minor. RSA 2000 cL‑21 s55;2003 c27 s20;2024 c11 s1(30) Maintenance of secrecy 56 No person shall be required to disclose in any legal proceedings whether the person has voted for a particular candidate or voted for or against a particular bylaw or question. 1983 cL‑27.5 s56 Number of votes 57 (1) Subject to subsection (2), an elector in an election may vote once for each of the persons the elector chooses to vote for. (2) An elector may not vote for more than the number of persons to be elected to the office. (3) In an election an elector may vote once on each bylaw or question. 1983 cL‑27.5 s57;1997 c15 s17 Voting time for employees 58 (1) An employee who is an elector shall, while the voting stations are open on election day, have 3 consecutive hours for the purpose of casting the employee’s vote. (2) If the hours of the employee’s employment do not allow for 3 consecutive hours, the employee’s employer shall allow the employee any additional time for voting that is necessary to provide the employee the 3 consecutive hours, but the additional time for voting is to be granted at the convenience of the employer. (3) No employer shall make any deduction from the pay of an employee nor impose on the employee or exact from the employee any penalty by reason of the employee’s absence from the employee’s work during the 3 consecutive hours or part of it. (4) Subsections (1), (2) and (3) do not apply if the employer provides for the attendance of an employee who is an elector at a voting station while it is open during the hours of the employee’s employment with no deduction from the employee’s pay and without exacting any penalty. 1983 cL‑27.5 s58 Entries in elector register 59 The deputy shall record on the elector register that an elector has received a ballot for any one or more of the following that are applicable to the election: (a) chief elected official; (b) councillors; (c) public school trustees; (d) separate school trustees; (e) bylaw or question. RSA 2000 cL‑21 s59;2018 c23 s24;2024 c11 s1(31) Initialling of ballot 60 When a deputy issues a ballot to an elector, it must be folded and initialled by the deputy so that the initials are visible without opening the ballot. 1983 cL‑27.5 s60;1991 c23 s2(26) Explanation of manner of voting 61 A deputy may, and on request shall, explain to an elector as concisely as possible the proper method of voting in accordance with the instructions to electors. 1983 cL‑27.5 s61;1991 c23 s2(27) Marking of ballots 62 On receiving the ballots that an elector is entitled to receive from a deputy, the elector shall forthwith proceed into the voting compartment provided and shall mark each of the elector’s ballots (a) by placing an “X” on the right hand side opposite the name of the candidate of the elector’s choice, or within the division on the paper containing the name of the candidate of the elector’s choice, and (b) in the case of a ballot for a bylaw or question, by placing an “X” within the division of the paper marked “for” or “against”, or within the division of the paper marked “yes” or “no”, whichever way the elector desires to vote. 1983 cL‑27.5 s62;1991 c23 s2(28) Disposal of marked ballot 63 (1) After marking a ballot, the elector shall fold the ballot so as (a) to conceal the names of the candidates or the bylaw or question, and the marks on the face of the ballot, and (b) to expose the initials of the deputy issuing the ballot at the voting station, and immediately after leaving the voting compartment shall, without delay and without showing the front to anyone, deliver the ballot so folded to the deputy who is supervising at the ballot box. (2) The deputy supervising at the ballot box shall, without unfolding a ballot or in any way disclosing the marks made by the elector on the ballot, verify the initials on the ballot and deposit the ballot at once in the ballot box. (2.1) Notwithstanding subsection (2), the deputy supervising at the ballot box may permit an elector to deposit the elector’s ballot into the ballot box. (3) After the elector’s ballots are deposited in the ballot box, the elector shall forthwith leave the voting station. RSA 2000 cL‑21 s63;2003 c27 s21 Person deemed to have voted 64 A person whose ballot is deposited in a ballot box is deemed to have voted. RSA 2000 cL‑21 s64;2006 c22 s30 Replacement of spoiled ballot 65 (1) An elector who has inadvertently dealt with the elector’s ballot in a manner that it cannot be conveniently used as a ballot may, (a) on returning it to the deputy, and (b) on establishing the fact of the inadvertence to the satisfaction of the deputy, receive another ballot in the place of the ballot so returned. (2) The deputy shall immediately write the word “spoiled” on the returned ballot and shall preserve it. 1983 cL‑27.5 s65 Elector declining to vote 66 If an elector returns a ballot and states that the elector is declining to vote, the elector is not entitled to another ballot for that office, and the deputy who is supervising at the ballot box shall deposit the declined ballot in the ballot box. 1983 cL‑27.5 s66;1989 c17 s17;1991 c23 s2(30) Persons at voting station 67 (1) Except for the returning officer, deputy, constable, candidates, official agents or scrutineers authorized to attend at the voting station and the electors who are for the time being actually engaged in voting, no other person is entitled to be present, nor shall any other person be permitted to be present, in the voting station during the time appointed for voting. (2) Notwithstanding subsection (1), the presiding deputy at the voting station may authorize a person temporarily to observe the voting procedures from a location within the voting station designated by the presiding deputy. (3) The presiding deputy shall not designate a location under subsection (2) that would allow the observer to see how electors mark their ballots. (4) A person permitted to be present in the voting station pursuant to subsection (2) shall leave the voting station on the request of the presiding deputy. RSA 2000 cL‑21 s67;2006 c22 s31 Prohibited removal of ballots 68 (1) No person who has received a ballot from the deputy shall take the ballot out of the voting station. (2) Any person who, having received a ballot from the deputy, leaves the voting station without first delivering it to the deputy in the manner provided by this Act, forfeits the person’s right to vote at that election and the deputy shall record in the elector register an entry to the effect that the person left the voting station without first delivering the ballot. RSA 2000 cL‑21 s68;2018 c23 s25 Option for official agent 68.1 (1) Each person nominated as a candidate may, on the nomination form, appoint an elector to be the candidate’s official agent. (1.1) If it becomes necessary to appoint a new official agent, the candidate shall immediately notify the returning officer in writing of the contact information of the new official agent. (2) A person who has, within the previous 10 years, been convicted of an offence under this Act, the Election Act , the Election Finances and Contributions Disclosure Act or the Canada Elections Act (Canada) is not eligible to be appointed as an official agent. (3) No candidate shall act as an official agent for any other candidate. (4) The duties of an official agent are those assigned to the official agent by the candidate. 2006 c22 s32;2012 c5 s112;2020 c22 s10 Candidate’s scrutineer 69 (1) If, at any time during voting hours, a person who is at least 18 years old presents to the presiding deputy a written notice, in a form acceptable to the returning officer, (a) signed by a candidate, and (b) stating that the person presenting the notice is to represent that candidate as the candidate’s scrutineer at the voting station, the person presenting the notice shall be recognized by the presiding deputy as the scrutineer of the candidate. (1.1) A person who has, within the previous 10 years, been convicted of an offence under this Act, the Election Act , the Election Finances and Contributions Disclosure Act or the Canada Elections Act (Canada) is not eligible to be recognized as a scrutineer. (2) Before a person is recognized as a scrutineer, the person shall make and subscribe before the presiding deputy at the voting station a statement in the prescribed form. (3) The presiding deputy shall not permit a candidate to have an official agent or a scrutineer present while the candidate is present in a voting station during voting hours. (3.1) The presiding deputy shall not permit a candidate to have both an official agent and a scrutineer present at the same time in a voting station during voting hours. (4) A candidate or official agent personally may (a) undertake the duties that the candidate’s scrutineer may undertake, and (b) attend any place that the candidate’s scrutineer is authorized by this Act to attend. (5) The presiding deputy may designate the place or places at a voting station where a candidate, an official agent or a scrutineer of a candidate may observe the election procedure, and in designating the place or places, the presiding deputy shall ensure that the candidate, official agent or scrutineer can observe any person making a statement under section 48.1, 53(1)(b) or (2), 53.03(2)(a) or 78. (5.1) A scrutineer may perform the duties of a scrutineer at more than one voting station. (6) When, in the provisions of this Act that relate to the election of a member of an elected authority, expressions are used requiring or authorizing an act or thing to be done or implying that an act or thing is to be done in the presence of an official agent, a scrutineer or a candidate, the expression is deemed to refer to the presence of those official agents and scrutineers (a) that are authorized to attend, and (b) that have in fact attended at the time and place where that act or thing is being done, and if the act or thing is otherwise properly done, the non‑attendance of an official agent or a scrutineer at that time and place does not invalidate it. (7) Except as otherwise provided in this Act, no person may impede a scrutineer from performing the duties of a scrutineer during voting hours. RSA 2000 cL‑21 s69;2006 c22 s33;2012 c5 s113;2018 c23 s26; 2020 c22 s10;2024 c11 s1(32);2025 c13 s1(14) Bylaw scrutineers 70 (1) At any time fixed for a vote on a bylaw or question under this Act, the returning officer, if requested in writing by 2 or more electors, shall appoint, in writing, those persons named in the request as scrutineers to attend at the voting stations on behalf of the persons interested in promoting the passing of the bylaw or voting in the affirmative on the question and, if so requested by 2 or more electors, shall appoint, in writing, those persons named in the request to attend as scrutineers on behalf of the persons interested in opposing the passage of the bylaw or voting in the negative on the question. (2) A person named in a request under subsection (1) shall not be appointed unless the person is at least 18 years old. (2.1) A person who has, within the previous 10 years, been convicted of an offence under this Act, the Election Act , the Election Finances and Contributions Disclosure Act or the Canada Elections Act (Canada) is not eligible to be appointed under subsection (1). (3) The presiding deputy shall not permit more than one scrutineer for each side of a bylaw or question to be present at the same time at a voting station or at a counting of the votes. (4) The presiding deputy may designate the place or places at a voting station where a scrutineer may observe the conduct of the election. (4.1) A scrutineer may perform the duties of a scrutineer at more than one voting station. (5) Before any scrutineer is appointed, the scrutineer shall make and subscribe before the presiding deputy a statement in the prescribed form. (6) Except as otherwise provided in this Act, no person may impede a scrutineer from performing the duties of a scrutineer during voting hours. RSA 2000 cL‑21 s70;2003 c27 s22;2006 c22 s34;2020 c22 s10; 2024 c11 s1(33) Proof of appointment 71 If a person is appointed as a scrutineer under section 70, the person shall (a) before being admitted as a scrutineer to the voting station during voting hours, or (b) before being permitted to attend at the voting station for the counting of votes, produce to the person in charge of the voting station the person’s appointment as a scrutineer and take and subscribe to the statement under section 16 in the prescribed form. RSA 2000 cL‑21 s71;2003 c27 s23;2006 c22 s35 Interpreter 72 (1) If an elector is unable to read or does not understand the English language, the deputy may allow an interpreter to read or to translate the statement as well as any question necessary for the proper purposes of the election put to the elector, and the elector’s answers. (2) Before acting as an interpreter, the interpreter shall make a statement in the prescribed form. RSA 2000 cL‑21 s72;2003 c27 s24 Advance vote 73 (1) Repealed 2020 c22 s11. (2) Subject to subsection (3), an elected authority may by resolution provide for holding an advance vote for an election. (3) Subject to subsections (4) and (7), a municipality having a population greater than 5000 must provide for holding an advance vote on (a) the election of municipal councillors, including by‑elections, and (b) the submission of a bylaw or question to electors under section 7. (4) If the election is being held in only one ward but that ward is within a local jurisdiction with a population greater than 5000, the requirements of subsection (3) apply. (5) No advance vote shall be held within 24 hours of election day. (6) The returning officer must determine the days and hours when the advance vote under subsection (2) or (3) is to be held. (7) The Minister may, at any time, make an order to exempt an elected authority from the requirement to provide for holding an advance vote under subsection (3). RSA 2000 cL‑21 s73;2018 c23 s27;2020 c22 s11 Notice of advance vote 74 (1) Notice of the days, the locations of the voting stations and the hours fixed for an advance vote shall be given in the form prescribed for use under section 35 by publishing a notice at least one week before the date set for the advance vote in a newspaper or other publication circulating in the area, or by mailing or delivering a notice to every residence in the local jurisdiction at least one week before the date set for the advance vote. (1.1) A notice of advance vote referred to in subsection (1) may be given by including it in the notice of election day provided under section 35(2) in respect of the same election, provided that the requirements of both subsection (1) and section 35(2) are met. (1.2) If an election does not apply to an entire local jurisdiction, a notice of advance vote published, mailed or delivered in accordance with subsection (1.1) is only required to be published, mailed or delivered in a ward or voting subdivision within that local jurisdiction where an election is required. (2) On complying with this section, the returning officer may publish, mail and deliver additional notices and give notice by any other method as many times as the returning officer considers appropriate.

RSA 2000 cL‑21 s74;2018 c23 s28 Advance vote stations 75 (1) When an advance vote is authorized, the returning officer shall establish the number of advance voting stations the returning officer considers necessary. (1.1) If there are wards in a local jurisdiction, the returning officer is not required to establish an advance voting station in each ward but must establish at least one advance voting station. (2) If there are wards in a local jurisdiction, the presiding deputy shall maintain separate ballot boxes for each elected authority. (3) A vote held at an advance voting station must be conducted in the same manner as a vote on election day except that (a) a fresh ballot box must be used on each day of the advance vote, and (b) on the completion of each day of the advance vote, the ballot box used that day must be sealed so that no ballots can be deposited in it without breaking the seal, and the ballot box must remain like that and be stored in a secure place until it is opened for the counting of ballots at the close of the voting stations on election day. RSA 2000 cL‑21 s75;2003 c27 s25;2018 c23 s29 76 Repealed 2006 c22 s36. 77 Repealed 2018 c23 s30. Application for special ballot 77.1 (1) An elector whose name is contained in the permanent electors register and who is unable to vote at an advance vote or at the voting station on election day may apply to vote by special ballot. (1.1) An elector whose name is not contained in the permanent electors register and who is unable to vote at an advance vote or at the voting station on election day may apply to be added to the permanent electors register by (a) completing an application in the prescribed form, (b) making a statement in the prescribed form that the person is eligible to vote as an elector, (c) including a copy of the elector’s identification that meets the requirements of section 53(1)(b), and (d) providing the information referred to in clauses (a) to (c) to the returning officer of the elector’s local jurisdiction. (2) An elected authority may, by resolution passed prior to nomination day, provide for special ballots and provide that the application for special ballots may be made by any one or more of the following methods: (a) in writing; (b) by telephone; (c) by fax; (d) in person; (e) by e‑mail; (f) by secure website. (2.1) If an elected authority has made a resolution described in subsection (2), an elector may apply to the returning officer of the elector’s local jurisdiction for a special ballot, by a method provided for in the resolution, and during the period of time specified in the resolution. (2.2) Repealed 2012 c5 s114. (2.3) Repealed 2018 c23 s31. (2.4) An application for a special ballot must include the following: (a) first and last name of the elector; (b) municipal address of the residence of the elector; (c) school elector status, if the elector is voting for a trustee; (d) mailing address to which the special ballot is to be sent; (e) contact telephone number; (f) contact e‑mail address, if the elector is unavailable by telephone. (g) repealed 2024 c11 s1(34). (3) On receipt of an application under this section, if the elected authority by resolution before nomination day provides for special ballots, the returning officer or deputy must (a) enter in the special ballot elector register (i) the elector’s name and the elector’s place of residence, and (ii) the name and number of the voting subdivision for the elector’s place of residence, and (b) cause the appropriate forms to be provided to the applicant. (4) The returning officer must, on request, make available to any candidate or a candidate’s official agent or scrutineer in the voting station the names and addresses of those electors in the voting station who have applied for and been provided with the appropriate forms under this section. (5) For greater certainty, this section does not apply to a summer village that has not prepared a permanent electors register in accordance with section 49. 2003 c27 s27;2006 c22 s37;2012 cE‑0.3 s276;2012 c5 s114; 2018 c23 s31;2024 c11 s1(34);2025 c13 s1(15) Vote by special ballot 77.2 (1) In this section and in sections 77.21 and 77.3, “completed special ballot package” means, in respect of an elector, the sealed outer envelope and the contents of that envelope as described in subsection (3). (2) On receipt of the appropriate forms pursuant to section 77.1(3), the elector must vote by either writing or printing, in a legible manner, the names of the candidates of the elector’s choice, or by any other method provided for by the local jurisdiction, but if there is to be a vote on a bylaw or question, the wording must be determined in accordance with section 44 and be supplied as part of the appropriate forms. (3) After marking the appropriate forms, the elector must (a) place them in the ballot envelope, (b) seal the ballot envelope, (c) place the ballot envelope in the certificate envelope, (d) complete and, in the presence of a witness, sign Part 1 of the certificate on the certificate envelope, (e) have the witness complete the signature verification portion of the certificate on the certificate envelope, (f) seal the certificate envelope, (g) include a copy of the elector’s identification that meets the requirements of section 53(1)(b), (h) place the certificate envelope and the copy of the elector’s identification in the outer envelope, and (i) seal the outer envelope. (4) A witness referred to in subsection (3) must be an elector. (5) A separate completed special ballot package is required for each elector. (6) The elector must send the completed special ballot package so that it reaches the returning officer no later than the close of the voting station on election day or by the time and date set out in a resolution under section 77.21(2). (7) No person other than the elector may send the elector’s completed special ballot package under this section. 2003 c27 s27;2006 c22 s38;2012 c5 s115;2018 c23 s32; 2024 c11 s1(35) Receipt of completed special ballot packages 77.21 (1) A local jurisdiction shall not use a drop box or central collection point to collect completed special ballot packages. (2) An elected authority, by resolution, may set a time and date earlier than the closing of the voting station on election day for when a completed special ballot package must be received by a returning officer. (3) On receipt of a completed special ballot package, the returning officer, in the presence of candidates, official agents or scrutineers, if any, must open the outer envelope, remove its contents and determine whether (a) the name on the certificate envelope is the same as that of an individual already recorded in the special ballot elector register, (b) Part 1 of the certificate is properly completed, (c) the elector has included a copy of the elector’s identification that meets the requirements of section 53(1)(b), and (d) the signature on the elector’s certificate sufficiently matches the signature on the elector’s identification, if the elector’s identification contains a signature. (4) A copy of the elector’s identification may be used only (a) to verify the elector’s name, current address and, if applicable, age, for the purpose of determining whether the elector is eligible to vote, (b) to verify that the signature on the elector’s certificate sufficiently matches the signature on the elector’s identification, if the elector’s identification contains a signature, and (c) in accordance with subsection (6). (5) On determining that the elector is recorded in the special ballot elector register, that Part 1 of the certificate is properly completed and that the copy of the elector’s identification meets the requirements of section 53(1)(b), the returning officer must (a) sign Part 2 of the certificate, (b) enter opposite the name of that person on the special ballot elector register the word “special”, if the elector’s name appears on the permanent electors register for the voting subdivision in which the elector is eligible to vote, (c) record in the special ballot elector register in the appropriate column the date and time the returning officer received the certificate envelope, (d) open the certificate envelope, remove from it the sealed ballot envelope and place the sealed ballot envelope in a sealed ballot box marked “special ballot”, and (e) enter in the special ballot elector register, in the appropriate column, the word “voted”. (6) If the returning officer is satisfied that (a) Part 1 of the certificate is not properly completed, (b) the copy of the elector’s identification does not meet the requirements of section 53(1)(b), (c) the signature on the elector’s certificate does not sufficiently match the signature, if any, on the elector’s identification, (d) the elector is not recorded in the special ballot elector register, or (e) the elector has already returned a special ballot, the returning officer must retain the certificate envelope unopened, attach the copy of the elector’s identification, if any, to the certificate envelope, treat the ballot in the envelope as a rejected ballot and mark the certificate envelope accordingly. (7) At the close of the voting station on election day, the returning officer must deliver the special ballot box to the deputy of the voting station of the electors who have voted under this section in the local jurisdiction and advise the deputy of the names of the electors who have so voted, and the deputy must proceed in accordance with section 85 as if the special ballot box were from an advance poll. (8) After completing the count of the ballots, the deputy must record the results on the prescribed form. (9) Subject to this section and sections 77.1 and 77.2, the voting procedures for a special ballot must as nearly as possible follow the provisions of this Act, except that the returning officer may use one special ballot box for a local jurisdiction, ward or subdivision. (10) If the appropriate forms for voting by special ballot have been provided under section 77.1 to an elector but the special ballot is not returned to a returning officer under this section before the close of voting on election day or before the time and date set out in a resolution under subsection (2), the returning officer must record the special ballots on the ballot account referred to in section 88(1) as not returned. 2003 c27 s27;2006 c22 s38;2012 c5 s115;2018 c23 s32; 2024 c11 s1(35) Late receipt of special ballot 77.3 If a completed special ballot package is received by a returning officer after the close of the voting station on election day or after the time and date set out in a resolution under section 77.21(2), the ballot it contains must be considered a rejected ballot and the outer envelope must be retained unopened by the returning officer, who must record on it the reason for its rejection. 2003 c27 s27;2006 c22 s39;2024 c11 s1(36) Elector assistance 78 (1) The deputy, at the request of an elector who is unable to vote in the manner prescribed by this Act and, if an elector assistance terminal is available, who does not elect to vote by that means, shall mark the vote of that elector on the elector’s ballot in the manner directed by that elector, and shall immediately deposit the ballot in the ballot box. (2) The deputy shall not act under subsection (1) until the elector has made the prescribed statement. (3) The deputy, if requested by an elector described in subsection (1) who is accompanied by a friend or relative who is at least 18 years of age, shall permit that friend or relative, on making the prescribed statement, to accompany the elector into a voting compartment for the purpose of marking the elector’s ballot and the ballot when marked shall be delivered by the elector or the friend or relative to the deputy to be deposited in the ballot box. (4) The deputy shall not permit an elector to vote under subsection (3) until the elector and the elector’s friend or relative have made the prescribed statements. (4.1) If an elector requests a blind elector template by June 30 in a year in which a general election is to be held, a municipality must pass a bylaw setting out the blind elector template. (4.2) A municipality may pass a bylaw setting out the blind elector template even if no request is made under subsection (4.1). (4.3) The bylaw referred to in subsections (4.1) and (4.2) must specify when the blind elector template is available and how the municipality will notify electors of the availability of the blind elector template. (5) If an elector who is blind is not accompanied by a friend or relative into a voting compartment under subsection (3) and the municipality has passed a bylaw setting out the blind elector template in accordance with subsection (4.1), the deputy must (a) provide the elector with a blind elector template, and (b) instruct the elector in its use. (5.1) If an elector is physically unable to enter a voting compartment, the deputy may set up a voting compartment for the elector elsewhere in the voting station or at the closest point of access to the voting station that the elector is able to attend. (6) No candidate, official agent or scrutineer shall be present in the voting compartment at the marking of a ballot under this section. (7) When a ballot has been marked pursuant to this section, the deputy shall enter in the elector register opposite the name of the elector and in the appropriate column either “elector assistance” or “template”. RSA 2000 cL‑21 s78;2003 c27 s28;2006 c22 s40;2018 c23 s33; 2025 c13 s1(16) Elector assistance at home 79 (1) An elected authority may by resolution provide for the attendance of 2 deputies at the residence of an elector, during the hours an advance voting station is open or other times as may be fixed by the resolution, in order to take the votes of an elector who, because of physical disability, is unable to attend a voting station or an advance voting station to vote. (2) When a resolution has been passed under subsection (1), an elector described in subsection (1) may request the returning officer to have 2 deputies attend at the elector’s residence to take the elector’s vote within the time fixed by the resolution. (3) If the returning officer is satisfied that an elector is unable to attend a voting station or an advance voting station because of physical disability, the returning officer shall include that elector’s name and address on a list. (3.1) Notwithstanding subsection (3), the returning officer may include on the list the name and address of an elector who is physically able to attend a voting station or an advance voting station to vote if the elector resides in the same facility as an elector referred to in subsection (3). (4) When the returning officer has completed the list in accordance with this section, the returning officer shall (a) advise each applicant that the applicant’s application has been accepted or rejected, as the case may be, and in the event of rejection, give reasons for it, (b) inform each elector whose application has been accepted of the date and the approximate time at which 2 deputies will attend at the elector’s residence, and (c) appoint sufficient deputies to give full effect to this section. (5) All attendances by deputies under this section shall be made during the hours fixed by the resolution and no vote shall be taken at any other time. (6) A ballot box used in an election under this section must be sealed on completion of the voting so that no ballots can be deposited in it without breaking the seal and it shall remain sealed until opened to allow the deposit of ballots in each subsequent residence that is attended for the taking of votes or until opened for the counting of ballots at the close of the voting stations on election day. (7) Every residence where a vote is taken under this section is a voting station and the voting procedures shall as nearly as possible follow the provisions of this Act. RSA 2000 cL‑21 s79;2003 c27 s29;2018 c23 s34;2024 c11 s1(37) Institutional vote location, eligibility and appointments 80 (1) The elected authority by resolution or the returning officer, if authorized by resolution of the elected authority, may designate the location of one or more institutional voting stations for an election in addition to voting stations designated under section 37. (2) An elector who on election day (a) is confined to a treatment centre in the local jurisdiction, or (b) is a resident in a supportive living facility in the local jurisdiction, that is established as an institutional voting station for the election is eligible to vote at that institutional voting station. (2.1) Notwithstanding subsection (2), an elected authority may designate a self‑contained housing unit in a lodge accommodation as an institution for the purposes of holding an institutional vote under this section. (3) The returning officer may appoint at least 2 deputies to take the votes of the electors referred to in subsection (2). (4) If an elected authority provides for the holding of an advance vote, the returning officer may appoint the number of deputies that the returning officer considers necessary to take the votes on the day the advance vote is held of any electors who are residents of supportive living facilities or confined to treatment centres that are located in the local jurisdiction. RSA 2000 cL‑21 s80;2003 c27 s30;2018 c23 s35 Attendance at an institutional vote 81 (1) If an institutional vote is provided for, the returning officer shall fix the times on election day at which the votes in the institutions shall be taken, and the presiding deputies, accompanied by candidates, official agents and scrutineers, if present, and by an official of the institution, if available, shall take the votes of any of those patients and residents who express a desire to vote. (2) Despite subsection (1), candidates and a candidate’s official agent and scrutineer may attend an institutional vote only if the vote is conducted at a fixed location in a public area of the institution and may not attend voting conducted in the room of a resident of the institution. (3) Despite subsection (1), the presiding deputy shall not permit a candidate to have an official agent or a scrutineer present while the candidate is present at an institutional vote. (4) Despite subsection (1), a candidate may not have both an official agent and a scrutineer attend an institutional vote at the same time. RSA 2000 cL‑21 s81;2003 c27 s31;2006 c22 s41 Institutional vote procedure 82 (1) Every institution at which a vote is taken is a voting station and the voting procedures shall as nearly as possible follow the provisions of this Act, except that (a) repealed 2003 c27 s32, (b) the ballot boxes shall not be opened until the close of the voting stations on election day. (2) The deputy shall post a copy of the notice prescribed under section 35 in at least one conspicuous place in the institution, not fewer than 2 days before the day on which the vote is to be taken. RSA 2000 cL‑21 s82;2003 c27 s32 Deputy ’ s and constable ’ s votes 83 (1) The returning officer, on the request of an elector who has been appointed deputy or constable to attend at a voting station during the whole of election day other than where that elector is entitled to vote, shall provide the elector with a certificate stating that the elector is eligible to vote at the voting station where the elector is to be stationed during election day. (2) On the production of the certificate, the deputy or constable may vote at the voting station where the deputy or constable is stationed, instead of the voting station where the deputy or constable would otherwise have been eligible to vote, and a deputy shall attach the certificate to the elector register. (3) , (4) Repealed 2018 c23 s36. (5) Section 58 does not apply to an officer. RSA 2000 cL‑21 s83;2003 c27 s33;2018 c23 s36;2024 c11 s1(38) Alternative voting equipment prohibited 84 Except as provided under section 84.1, the procedure for the taking or counting of votes in an election must not include voting machines, vote recorders, automated voting systems or tabulators. RSA 2000 cL‑21 s84;2006 c22 s42;2018 c23 s37;2024 c11 s1(39); 2025 c13 s1(17) Elector assistance terminals 84.1 (1) Subject to subsection (2), an elected authority may, by bylaw, provide for the taking of the vote of an elector who is unable to vote in the manner prescribed by this Act by means of an elector assistance terminal. (2) A bylaw may only authorize the use of an elector assistance terminal if the elector assistance terminal (a) allows an elector to vote privately and independently, (b) is not part of or connected to the Internet or another electronic network, (c) creates a paper ballot that records the vote cast, (d) allows an elector to verify the elector’s vote before it is cast, without the assistance of another person, and (e) does not enable the choice of an elector to be made known to an election officer or scrutineer. (3) A bylaw providing for the use of an elector assistance terminal in a general election must be passed prior to June 30 of the year in which a general election is to be held. (4) A bylaw referred to in subsection (1) must (a) prescribe the form of the ballot, (b) prescribe directions for the use of the elector assistance terminal by an elector, (c) require that the elector assistance terminal be tested before the first elector uses the equipment to vote and after the last elector uses the equipment to vote, and (d) follow the provisions of this Act as nearly as possible. (5) A paper ballot created by an elector assistance terminal must be retained and placed in the ballot box in the same manner as an ordinary ballot. (6) If an elected authority passes a bylaw referred to in subsection (1), sections 38(2), 62 and 63 do not apply to the extent of any inconsistency with that bylaw. 2025 c13 s1(17) Part 3 Post‑vote Procedure Counting of votes 85 (1) Immediately after the close of the voting station, the presiding deputy shall in the presence of (a) at least one and any additional officers that the deputy considers necessary, and (b) the candidates, official agents or scrutineers, if any, ensure that each ballot box is opened and that the votes are counted. (2) A deputy shall not permit more than the candidate or the candidate’s official agent or scrutineer, or more than one official agent or scrutineer of either side of a vote on any bylaw or question to be present at the same time in a voting station during the counting of the votes. RSA 2000 cL‑21 s85;2006 c22 s43 Counting centres 85.1 (1) A returning officer may designate a single location as a counting centre for the purpose of this section. (2) The returning officer must notify all affected candidates, official agents and scrutineers of the location of the counting centre. (3) If a ward or division system exists in a local jurisdiction, the special ballot box, advance vote ballot box and institutional vote ballot box shall be counted at the counting centre if one is designated by the returning officer for that local jurisdiction. (4) An elected authority may pass a bylaw by June 30 of a year in which a general election is to be held allowing the returning officer of the elected authority to count the special ballot box, advance vote ballot box and institutional vote ballot box no earlier than 7:30 p.m. on election day. (5) The deputy of a counting centre shall in the presence of (a) at least one and any additional officers that the deputy considers necessary, and (b) the candidates, official agents or scrutineers, if any, ensure that each special ballot box, advance vote ballot box and institutional ballot box is opened and that the votes are counted in accordance with this section. (6) There shall be present at the counting centre during the counting of the votes, for each candidate, not more than one of the following for each ballot box: (a) the candidate; (b) the candidate’s official agent; (c) the candidate’s scrutineer. (7) The results of a count conducted in accordance with this section shall not be publicly disclosed until after 8:00 p.m. on election day. 2018 c23 s38;2024 c11 s1(40) Void ballots 86 (1) A deputy shall examine the ballots and reject any ballot (a) that does not bear the initials of the officer, (b) on which more votes are cast than an elector is entitled to cast, (c) on which anything is written or marked by which an elector can be identified, (d) that has been torn, defaced or otherwise dealt with by an elector so that the elector can be identified, (e) that is not marked by an “X”, or (f) on which no vote has been cast by an elector, and the rejected ballots shall not be counted. (2) On the back of a ballot a deputy shall (a) endorse “rejected” if the deputy rejects it as void, and (b) endorse “rejection objected to” if any objection is made to the deputy’s decision, and shall initial each endorsement. (3) Notwithstanding subsection (1)(e), if a vote, though incorrectly marked on a ballot, clearly indicates for whom or what the elector intended to vote, the deputy may count that ballot. RSA 2000 cL‑21 s86;2006 c22 s44 Note of objection 87 (1) A deputy shall in the prescribed form make note of any objection made by a candidate or the candidate’s official agent or scrutineer or in the case of a bylaw or question by any person authorized to attend, to any ballot found in the ballot box and shall decide any question arising out of the objection. (2) Every objection shall be numbered and a corresponding number shall be placed on the back of the ballot and initialled by a deputy. RSA 2000 cL‑21 s87;2006 c22 s45 Ballot account 88 (1) A deputy shall count the ballots marked for each candidate on the ballots not rejected and the presiding deputy shall prepare a ballot account in the prescribed form with the following information: (a) the name of the local jurisdiction; (b) the name or number of the voting subdivision and voting station; (c) the date of the election; (d) the name of each candidate and the number of valid ballots marked for each; (e) the number of ballots supplied; (f) the number of valid ballots; (g) the number of valid ballots objected to; (h) the number of rejected ballots; (i) the number of ballots rejected because no vote was cast by an elector; (i.1) the number of special ballots not returned; (j) the number of unused ballots; (k) the number of spoiled ballots; (l) the number of ballots not accounted for. (m) repealed 2024 c11 s1(41). (2) In the case of a vote on a bylaw or question, a deputy shall count the number of ballots marked for and against the bylaw, or in the affirmative and negative on the question, and the presiding deputy shall prepare a ballot account in the prescribed form with the following information: (a) the name of the local jurisdiction; (b) the name or number of the voting subdivision and voting station; (c) the date of the election; (d) the number of ballots supplied; (e) the question or a description of the bylaw and the number of valid ballots marked for the bylaw or in the affirmative on the question; (f) the question or a description of the bylaw and the number of valid ballots marked against the bylaw or in the negative on the question; (g) the number of valid ballots objected to; (h) the number of rejected ballots; (i) the number of ballots rejected because no vote was cast by an elector; (j) the number of unused ballots; (k) the number of spoiled ballots; (l) the number of ballots not accounted for. RSA 2000 cL‑21 s88;2006 c22 s46;2024 c11 s1(41) Signatures to ballot account 89 (1) The ballot account shall be signed by at least 2 deputies involved in the count and may be signed by those of the candidates or their official agents or scrutineers present who desire to sign it. (2) A deputy, on being requested to do so, shall as soon as practicable provide a copy of the ballot account to persons authorized to sign the ballot account. RSA 2000 cL‑21 s89;2006 c22 s47 Certificate in elector register 90 Every presiding deputy at the close of the voting station shall certify in words, in the prescribed form, the number of persons who registered to vote at the voting station at which the deputy was designated to preside. RSA 2000 cL‑21 s90;2006 c22 s48;2018 c23 s39 Packets of ballots 91 (1) At the completion of the counting of the ballots, the presiding deputy shall make up into separate packets (a) the valid ballots; (b) the valid ballots objected to together with the notes of objections made to the ballots found in the ballot box; (c) the rejected ballots, including those on which no vote has been cast by an elector; (d) the spoiled ballots; (e) the unused ballots; (f) the elector register together with the prescribed form referred to in section 90. (g) repealed 2024 c11 s1(41). (2) Repealed 2003 c27 s34. RSA 2000 cL‑21 s91;2003 c27 s34;2018 c23 s40;2024 c11 s1(41) Copy of elector register 91.1 (1) The presiding deputy shall make a copy of the documents referred to in section 91(1)(f) and provide the copies to the relevant local jurisdiction. (2) The local jurisdiction shall use the copies received under subsection (1) to revise the permanent electors register and then shall destroy the copies as soon as reasonably practicable. 2024 c11 s1(42) Sealing ballot packets 92 Each packet of ballots shall be sealed and each packet must be marked on the outside with (a) a short statement of the contents of the packet, (b) the date of the election, (c) the name of the deputy, and (d) the voting subdivision name or number. 1983 cL‑27.5 s92;1991 c23 s2(51);1997 c15 s27 Securing election documents 93 The presiding deputy shall then place the following in the ballot box, and the ballot box shall be closed, sealed with a deputy’s seal so that it cannot be opened without breaking the seal and marked on the outside with the voting station name or number: (a) all the packets containing ballots; (b) the elector register other than the copy made under section 91.1; (c) the special ballot certificate envelopes and copies of electors’ identification, if any; (d) all statements made on voting day. RSA 2000 cL‑21 s93;2003 c27 s35;2006 c22 s49; 2012 c5 s116;2018 c23 s41;2024 c11 s1(43) 93.1 Repealed 2024 c11 s1(44). Delivery of ballot box and ballot account 94 (1) The presiding deputy personally shall as soon as practicable deliver to the returning officer the sealed ballot box and the ballot account. (2) Notwithstanding subsection (1), if the presiding deputy is unable to deliver the items personally to the returning officer, the presiding deputy shall deliver them to a person chosen by the presiding deputy for the purpose, and shall obtain a receipt for them. (3) The person chosen under subsection (2) shall personally deliver the items to the returning officer as soon as practicable and obtain a receipt for them. RSA 2000 cL‑21 s94;2006 c22 s50;2018 c23 s43; 2020 c22 s12;2024 c11 s1(45) Election results 95 (1) At any general election or by‑election the candidate or candidates receiving the highest number of votes shall be declared to be elected and in the event of an equality of votes, section 99 applies. (2) Unless another enactment provides otherwise, (a) if more than 50% of the persons voting vote in favour of the bylaw or affirmatively on the question, then the bylaw or the question is assented to by the electors, and (b) if 50% or less of the persons voting vote in favour of the bylaw or affirmatively on the question, then the bylaw or question is defeated. RSA 2000 cL‑21 s95;2018 c23 s44 Declaration of vote result 96 (1) In the case of a vote on a bylaw or question, when there is only one voting station, the returning officer shall declare the result of the vote immediately after the returning officer completes the counting of the ballots. (2) In the case of a vote on a bylaw or question, if there is more than one voting station, the returning officer, after the returning officer has received the ballot boxes from all the voting stations and without opening any of the sealed packets of ballots, shall calculate the number of ballots marked for and against the bylaw or question from the ballot account of the number of ballots given and shall declare the result in accordance with section 97(2). (3) The returning officer shall, on declaring the result, certify the percentage of persons who have voted in the affirmative and exclude from the total number of ballots all ballots that have not been counted. (4) On complying with subsections (1) to (3), the returning officer shall forward a signed statement showing the number of votes for and against a bylaw or question to the secretary and the relevant Minister’s Deputy Minister. 1983 cL‑27.5 s96;1991 c23 s2(54) Declaration of election result 97 (1) The returning officer may publish unofficial results of the counting of ballots after an election as the results are received from voting stations. (2) The returning officer shall, at 12 noon on the 4th day after election day, at the office of each local jurisdiction for which an election was held, (a) announce or cause to be announced, or (b) post or cause to be posted a statement of the results of the voting for candidates, including a declaration that the candidate receiving the highest number of votes for each office to be filled is elected. (3) The returning officer shall, if the result was announced, post in some conspicuous place a statement signed by the returning officer showing the number of votes for each candidate. (4) On complying with subsection (2), the returning officer shall forward a signed statement showing the number of votes for each candidate and indicate each candidate declared to be elected to the secretary and the relevant Minister’s Deputy Minister. 1983 cL‑27.5 s97;1985 c38 s30;1991 c23 s2(55) Reasons for preliminary recount 98 (1) A returning officer may make a recount of the votes cast at one or more voting stations if any of the following apply: (a) the returning officer receives an application for a recount that provides grounds that the returning officer considers reasonable for alleging that the record of the result of the count of votes at a voting station is inaccurate from any of the following people: (i) a candidate, an official agent or a scrutineer of a candidate recognized in accordance with section 69; (ii) in the case of a vote on a bylaw or question, an official agent or a scrutineer appointed under section 70(1); (b) the returning officer considers that the number of either of the following was sufficient to affect the result of the election if they had not been objected to or rejected: (i) valid ballots objected to; (ii) rejected ballots other than those on which no vote has been cast by an elector; (c) the returning officer is of the opinion that there may have been an administrative or technical error that caused an error in the count of votes. (2) An application for a recount under subsection (1)(a) must be made within 44 hours of the closing of the voting stations. RSA 2000 cL‑21 s98;2006 c22 s51;2012 c5 s117;2018 c23 s45; 2024 c11 s1(46);2025 c13 s1(18) Recount on request 98.1 (1) If a returning officer receives an application for a recount made in accordance with subsection (2), the returning officer shall make a recount of the votes cast at a voting station that is the subject of the application if the returning officer is satisfied that, (a) in the case of one office being filled, the difference between the number of valid ballots marked for the candidate with the highest number of votes and the number of valid ballots marked for the candidate with the 2nd highest number of votes is within 0.5% of the total number of valid ballots marked at the election for that office, or (b) in the case of more than one office being filled from a pool of candidates, the difference between the number of valid ballots marked for the candidate with the lowest sufficient number of votes to be declared elected to one of the offices and the number of valid ballots marked for the candidate with the highest insufficient number of votes to be declared elected is within 0.5% of the total number of valid ballots marked at the election for those offices. (2) An application for a recount may only be made, (a) in the case of an election for an office referred to in subsection (1)(a), by the candidate with the 2nd highest number of votes or the official agent of that candidate, or (b) in the case of an election for an office referred to in subsection (1)(b), by the candidate with the highest insufficient number of votes or the official agent of that candidate. (3) An application for a recount under subsection (1) must be made within 72 hours after the statement of results is announced or posted in accordance with section 97(2). RSA 2000 cL-21 s98;2024 c11 s1(46);2025 c13 s1(18) Recount process 98.2 (1) If a returning officer conducts a recount under section 98 or 98.1, the returning officer shall, (a) at least 12 hours before conducting the recount, notify, (i) in the case of an election other than a vote on a bylaw or question, each candidate who may be affected by the recount, (ii) in the case of a vote on a bylaw or question, one scrutineer in support of the passage of the bylaw or voting in the affirmative on the question and one scrutineer in opposition to the passage of the bylaw or voting in the negative on the question, and (iii) those officers that the returning officer considers necessary to assist in the recount, (b) break the seal of the ballot box, and (c) count the ballots contained in the ballot box in the same manner as the deputy presiding at the voting station is directed to do. (2) After conducting the recount, the returning officer who conducted it must (a) correct the ballot account, if necessary, (b) replace all the documents contained in the ballot box at the time the returning officer broke its seal, and (c) close the ballot box and seal it with the returning officer’s seal. (3) A returning officer must complete a recount under section 98, (a) in the case of an election other than a vote on a bylaw or question, before the time set for the statement of the results under section 97(2), or (b) in the case of a vote on a bylaw or question, within 96 hours of the close of the voting stations on election day. (4) The returning officer must complete a recount under section 98.1 no later than 12 noon on the 5th day after the day the statement of results is posted under section 97(2). (5) As soon as practicable on completion of a recount under section 98.1, the returning officer must comply with the requirements of section 97(3) and (4) in respect of the results of the recount. (6) A declared vote under section 99 may only be counted at the recount of ballots only if the recount confirms the equality of votes among the same candidates as at the original count. (7) If a recount results in an equality of votes that is different from the result of the original count and it is necessary to determine which candidate is elected, section 99 applies. (8) If a returning officer determines that a recount will be made in a local jurisdiction that is divided into wards or divisions, the returning officer may determine the number of voting stations for which a recount is required in accordance with section 98 or 98.1, as the case may be. RSA 2000 cL‑21 s98;2006 c22 s51;2018 c23 s45;2024 c11 s1(46); 2025 c13 s1(18) Equal number of votes 99 If it appears on the calculation of the votes that 2 or more candidates for any office have received the same number of votes, and if it is necessary for determining which candidate is elected, the returning officer shall write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture, and after folding the sheets of paper in a uniform manner and so that the names are concealed, shall deposit them in a receptacle and direct some person to withdraw one of the sheets, and the returning officer shall declare the candidate whose name appears on the withdrawn sheet to have one more vote than the other candidate. 1983 cL‑27.5 s99 Delivery of election material 100 (1) As soon as practicable after the election, the returning officer shall deliver to the secretary the sealed ballot boxes, the ballot account and the nomination papers, and the secretary is subsequently responsible for their delivery when required. (1.1) The secretary must retain the ballot account and the nomination papers until the term of office to which they relate has expired. (2) The nomination papers and ballot account may be inspected by an elector during regular business hours in the presence of the secretary. (3) The nomination papers referred to in subsection (2) must be made available in a partial or redacted form in the manner set out in section 28(6.1) and (6.2). RSA 2000 cL‑21 s100;2003 c27 s36;2024 c11 s1(47) Disposition of election material 101 (1) The secretary shall retain the ballot boxes with their seals unbroken for a period of at least 6 weeks from election day. (2) The secretary shall, in the presence of 2 witnesses, cause the ballot boxes to be opened and their contents destroyed (a) no later than 12 weeks after voting day, or (b) if a judge has ordered that the ballot boxes must be kept until a date that is more than 12 weeks after voting day, as soon as practicable after that date. (3) Each of the 2 witnesses referred to in subsection (2) shall make an affidavit that the witness has witnessed the destruction of the contents of the ballot boxes. RSA 2000 cL‑21 s101;2006 c22 s52;2018 c23 s46; 2020 c22 s13;2024 c11 s1(48) Order for inspection of ballots 102 (1) No person may inspect the contents of a ballot box in the custody of the secretary except on order of a judge. (2) An order referred to in subsection (1) may be granted on evidence on oath, satisfactory to the judge, that the inspection or production of the contents of a ballot box is required for the purpose of (a) maintaining a prosecution for an offence in relation to the election, (b) taking proceedings under this Act to contest an election return, or (c) preparing an application for a recount. (3) The order shall (a) state the time and place for inspection of the papers, (b) name the persons to be present at the inspection, and (c) name the other persons entitled to be present at the inspection, and may prescribe any conditions the judge considers advisable. 1983 cL‑27.5 s102;1985 c38 s32 Part 4 Recount Procedure Judicial recount application 103 (1) At any time within 19 days after the close of the voting stations on election day, any elector may apply to the Court for a recount, after the elector has (a) filed an affidavit with the clerk of the Court alleging reasonable grounds for believing that the returning officer or a deputy or other officer presiding at the voting station, in counting the ballots given at the election, improperly counted or rejected ballots, and (b) deposited with the clerk of the Court $300 in cash, or by certified cheque or by money order, as security for the payment of costs and expenses. (2) The deposit of $300 shall not be paid out by the clerk without the order of a judge. RSA 2000 cL‑21 s103;2003 c27 s37;2009 c53 s104 Notice of application 104 At least 3 days prior to the application for a recount, a copy of the application and the affidavit filed shall be served by the applicant on the secretary, the returning officer and all candidates for the affected office. RSA 2000 cL‑21 s104;2009 c53 s104 Time and place for recount 105 On the hearing of the application for a recount, a judge may appoint a time and place to recount the ballots and cause a notice in writing to be given to the secretary, to all candidates for the affected office and to any other person the judge may direct, of the time and place where the ballots will be recounted. 1983 cL‑27.5 s105 Persons permitted at recount 106 (1) The judge, the clerk of the Court, the secretary, the returning officer, each candidate notified to attend the recount, each notified candidate’s official agent, scrutineer and solicitor and persons permitted by the judge may be present at the recount. (2) The secretary shall be present at the recount with the sealed ballot boxes and the ballot account used at the election. RSA 2000 cL‑21 s106;2006 c22 s53 Process for recount 107 (1) At the time and place appointed, the judge shall, in the presence of the parties in attendance, proceed to open all the seals of the packets containing the ballots and count or cause to be counted all the ballots received by the secretary from the returning officer as having been cast in the election complained of. (2) In counting the ballots, care shall be taken not to disclose how any elector has voted. 1983 cL‑27.5 s107 Examination of ballots 108 (1) The judge shall examine the ballots that are objected to and recount the ballots. (2) A ballot is void and shall not be counted if any of the following apply: (a) the ballot does not bear the initials of an officer; (b) more votes are cast on the ballot than an elector is entitled to cast; (c) the ballot has any writing or marking on it by which the elector can be identified; (d) the ballot has been torn, defaced or otherwise dealt with by an elector so that the elector can be identified; (e) the ballot has not been marked by an “X”; (f) no vote has been cast on the ballot by an elector. (3) The judge shall take a note of any objection made by a candidate or by the candidate’s official agent or scrutineer to a ballot, and shall decide any question arising out of the objection, and the decision of the judge is final. RSA 2000 cL‑21 s108;2006 c22 s54;2024 c11 s1(49) Recess during recount 109 (1) The judge shall, as far as practicable, proceed continuously with the recount except during any hours excluded by the judge. (2) During the excluded time, the judge shall take precautions for the security of the ballots and documents. 1983 cL‑27.5 s109 Statement after recount 110 (1) The judge shall, after counting the votes marked for each candidate on the ballots not rejected, prepare a written statement that includes the number of ballots marked for each candidate and the number of ballots rejected and not counted by the judge. (2) The statement shall be made under the following headings: (a) names of candidates; (b) number of ballots for each candidate; (c) ballots that do not bear the initials of an officer; (d) ballots on which more votes are cast than an elector is entitled to cast; (e) ballots on which anything is written or marked by which an elector can be identified; (f) ballots that have been torn, defaced or otherwise dealt with, with the result that an elector can be identified; (g) ballots not marked by an “X”; (h) ballots on which no vote has been cast by an elector; (i) ballots otherwise rejected as unmarked or void. (3) If the ballot box for a voting station has been lost or destroyed, the judge shall use the ballot account and allow the candidates named in it the number of votes shown by it as given for those candidates.

RSA 2000 cL‑21 s110;2024 c11 s1(50) Equal number of recount votes 111 (1) If the judge has counted an equality of ballots for 2 or more candidates for the same office, and if it is necessary for determining which candidate is elected, the judge shall write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture, and after folding the sheets of paper in a uniform manner and so that the names are concealed, shall deposit them in a receptacle and direct the clerk of the Court or some other person to withdraw one of the sheets, and the judge shall declare the candidate whose name appears on the withdrawn sheet to have one more vote than the other candidate or candidates. (2) Subsection (1) does not apply if the candidates having received an equality of ballots also had an equality of ballots at the time of the calculating of ballots by the returning officer, in which case the judge shall declare the candidate who previously has been declared to have received one more ballot still to have one more ballot than the other candidate. 1983 cL‑27.5 s111 Certification of recount 112 On the completion of the recount or as soon as the judge has ascertained the result of the voting, the judge shall replace the ballots in the respective ballot boxes and return the boxes to the secretary and shall forthwith certify the result to the secretary, who shall forthwith post a statement in the secretary’s office declaring the result. 1983 cL‑27.5 s112 Costs of recount 113 (1) All costs, charges and expenses of and incidental to an application for a recount, and to the proceedings consequent on it, shall be defrayed by the local jurisdiction, applicant, persons served with a notice, or any of them, in the manner and in the proportion that the judge determines, having regard to any costs, charges or expenses that, in the opinion of the judge, have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part of the applicant or any person served with a notice. (2) The costs may, if the judge so orders, be assessed and reviewed in the same manner and according to the same principles as costs are assessed and reviewed under the Alberta Rules of Court . RSA 2000 cL‑21 s113;2009 c53 s104 Payment of costs 114 The payment of any costs ordered by the judge may, on the filing of the order of the judge and a certificate showing the amount at which the costs were assessed and an affidavit of non‑payment, be enforced by writ proceedings taken pursuant to a writ of enforcement issued in respect of that order. RSA 2000 cL‑21 s114;2009 c53 s104 Bylaw vote recount 115 Sections 103 to 110 and 112 to 114 apply, with necessary modifications, to a recount of the votes for and against a bylaw or question. RSA 2000 cL‑21 s115;2018 c23 s47 Part 5 Controverted Elections Bribery 116 A person commits the offence of bribery (a) who directly or indirectly by himself or herself or by any other person on his or her behalf, (i) gives, lends or agrees to give or lend or offers or promises money or valuable consideration, or gives or procures or agrees to give or procure or offers or promises an office, place or employment to or for an elector or to or for a person on behalf of an elector or any person, in order to induce an elector or a person to vote or to refrain from voting at an election, or (ii) corruptly does an act described in subclause (i) because a person has voted or has refrained from voting at an election, (b) who directly or indirectly by himself or herself or by any other person on his or her behalf, makes a gift, loan, offer, promise or agreement described in clause (a) to or for a person in order to induce that person to procure or defeat or endeavour to procure or defeat (i) the election of a candidate, (ii) the passing of a bylaw, (iii) the result of a vote on a question, or (iv) the vote of an elector at an election, (c) who in return for a gift, loan, offer, promise or agreement procures or defeats or engages or promises or endeavours to procure or defeat (i) the election of a candidate, (ii) the passing of a bylaw, (iii) the result of a vote on a question, or (iv) the vote of an elector at an election, (d) who (i) advances or pays or causes to be paid money to or for the use of any other person with the intent that the money or part of it be expended in bribery at an election, or (ii) knowingly pays or causes to be paid any money to a person in discharge or repayment of any money wholly or in part expended in bribery at an election, (e) who, being an elector, before or during an election directly or indirectly by himself or herself or by any other person on his or her behalf receives, agrees to, accepts or contracts for any money, gift, loan or valuable consideration, office, place or employment for the elector or any other person for (i) voting or agreeing to vote, (ii) refraining or agreeing to refrain from voting, or (iii) voting or agreeing to vote for or against a particular candidate, bylaw or question, at an election, or (f) who after an election directly or indirectly by himself or herself or by any other person on his or her behalf receives any money or valuable consideration because some person (i) has voted or refrained from voting, (ii) has induced any other person to vote or refrain from voting, or (iii) has voted for or against or has induced any other person to vote for or against a candidate, bylaw or question, at an election. 1983 cL‑27.5 s116 Undue influence 117 A person commits the offence of undue influence who (a) directly or indirectly by himself or herself or by any other person on his or her behalf, (i) makes use of or threatens to make use of any force, violence or restraint, (ii) inflicts or threatens the infliction personally or by or through any other person of any injury, damage, harm or loss, or (iii) in any manner practises intimidation, on or against any person in order to induce or compel any person to vote or refrain from voting, or to vote for or against a particular candidate, bylaw or question, at an election, or on account of an elector having voted or refrained from voting at an election, or (b) by abduction, duress or any fraudulent device or contrivance (i) impedes, prevents or otherwise interferes with the free exercise of the franchise of an elector, or (ii) compels, induces or prevails on an elector to give or refrain from giving the elector’s vote, or to vote for or against a candidate, bylaw or question, at an election. 1983 cL‑27.5 s117 118 Repealed 2018 c23 s48. Oral evidence 119 When on an application in the nature of a quo warranto a question is raised relating to whether the candidate, elector or other person has been guilty of bribery or undue influence, oral evidence shall be used to prove the offence, and evidence by affidavit may not be used to prove the offence. RSA 2000 cL‑21 s119;2011 c14 s17 Forfeiture of seat 120 A candidate elected at an election who is found guilty, on the hearing of an application in the nature of a quo warranto, of bribery or of using undue influence (a) forfeits the elected office, and (b) is ineligible to be nominated as a candidate until after 2 general elections have taken place following the candidate’s conviction. RSA 2000 cL‑21 s120;2018 c23 s49 Penalty for bribery or undue influence 121 (1) A person adjudged guilty of bribery or undue influence is liable to a fine of not more than $5000 or to imprisonment for not more than 2 years or to both a fine and imprisonment and the fine must be paid to the local jurisdiction on behalf of which the election was conducted. (2) The judge shall direct that, in default of payment of the penalty within the time fixed by the judge, the person adjudged guilty of bribery or undue influence be imprisoned for the period the judge directs, not exceeding 30 days, or until the penalty is sooner paid. (3) If the person adjudged guilty of bribery or undue influence fails to pay the penalty within the time fixed by the judge, the judge shall issue a warrant for the person’s arrest and imprisonment. 1983 cL‑27.5 s121;1997 c15 s29 Report of bribery or undue influence convictions 122 (1) A judge who finds a person guilty of bribery or undue influence shall report that finding forthwith to the secretary. (2) The secretary shall enter in a book to be kept for that purpose the names of all persons who have been reported to the secretary by the judge pursuant to subsection (1). 1983 cL‑27.5 s122 Witnesses 123 (1) A witness is bound to attend before a judge (a) on being served with a notice signed by the judge or by the solicitor of either party directing the witness’s attendance, and (b) on payment of the proper fees, expenses and allowances in accordance with the Alberta Rules of Court , and in default of attendance the witness may be punished for contempt of court. (2) No person shall be excused from answering any questions put to the person (a) on the hearing of an application in the nature of a quo warranto, or (b) in a proceeding touching or concerning an election or the conduct of a person in relation to an election, on the ground that the answer to the question will tend to incriminate the person. (3) No incriminating answer given to any question in proceedings under this Act shall be used against the person who gave the answer in proceedings, under this or any other Act, except in a prosecution for perjury or for the giving of contradictory evidence. (4) No person who has voted at an election shall be required to state in evidence in any legal proceedings whether the person has voted for or against a particular candidate, bylaw or question. RSA 2000 cL‑21 s123;2009 c53 s104 Limitation of action 124 No proceedings against a person for bribery or undue influence may be commenced after 6 weeks from the election day in respect of which the offence is alleged to have been committed. 1983 cL‑27.5 s124 Recovery of penalties 125 (1) No pecuniary penalty or forfeiture imposed by this Act for an act of bribery or undue influence at an election is recoverable if it appears (a) that the person charged and another person or other persons were together guilty of the act charged either as giver or receiver or as accomplices, or otherwise, and (b) that the person charged has previously prosecuted in good faith the other person or persons or any of them for that act. (2) Subsection (1) does not apply if the judge certifies that it clearly appears to the judge that the person charged took the first step toward the commission of the offence charged and was in fact the principal offender. 1983 cL‑27.5 s125 Trial of an election 126 (1) If the validity of an election of a member of an elected authority or the member’s right to hold the seat is contested, or if the validity of a vote on a bylaw or question is contested, the issue may be tried by the Court. (2) The issue may be raised before the Court by (a) a candidate at the election, (a.1) the elected authority, (b) any elector (i) if the right to sit is by acclamation, or (ii) if the right to sit is contested on the grounds that a member of the elected authority is ineligible, disqualified or has forfeited the member’s seat since the member’s election, or (c) an elector who gave or tendered the elector’s vote at the election. RSA 2000 cL‑21 s126;2006 c22 s56 Fiat for application 127 (1) For the purposes of this section and sections 128 to 138, “respondent” means the party against whom an application is made. (2) If within 6 weeks after an election the person raising an issue shows by affidavit to a judge reasonable grounds (a) for supposing that the election was not legal or was not conducted according to law, (b) for supposing that an unsuccessful candidate was not eligible for nomination and that the results of the election would have been different had that candidate not run, (c) for contesting the validity of the election of a member of the elected authority, or (d) for contesting the validity of the result of a vote on a bylaw or question, the judge may grant a fiat authorizing the person raising the issue, on entering into a sufficient recognizance as provided by subsection (4), to apply for judicial review for an order in the nature of a quo warranto to determine the matter. (3) If at any time the person raising the issue shows to a judge by affidavit reasonable grounds for supposing that a member of an elected authority other than a member of council has become disqualified since the member’s election and has not resigned the member’s seat, the judge may grant a fiat authorizing the person raising the issue, on entering into a sufficient recognizance as provided by subsection (4), to apply for judicial review for an order in the nature of a quo warranto to determine the matter. (4) The recognizance to be allowed as sufficient by the judge shall be entered into before the judge or before a commissioner for oaths by (a) the person raising the issue, in the sum of $300, and (b) 2 sureties on affidavits of justification, each in the sum of $100, and shall be conditioned to prosecute the application with effect to pay to the respondent any costs that may be adjudged to the respondent against the person raising the issue. (5) When the sufficiency of the sureties has been determined and the recognizance has been allowed as sufficient by the judge, the judge shall note or endorse on it and on the fiat allowing service of the application the words “recognizance allowed” and shall initial it. RSA 2000 cL‑21 s127;2009 c53 s104 Application requirements 128 (1) An application may either state (a) the return day of the application, being not fewer than 7 clear days after the day of the service of it, or (b) that the application will be made on the 8th day after the day of service of the copy of the application. (2) The person raising the issue shall in the person’s application set out the person’s name in full, the person’s place of residence and the interest, as a candidate, elector or otherwise, that the person has in the election and shall also state specifically under distinct heads (a) all the grounds of objection to the validity of the election complained against, (b) if the person raising the issue claims that the person or any other person or persons should have been declared elected, the grounds in favour of the validity of the election of the person raising the issue or of the other person or persons, (c) the grounds of forfeiture or disqualification of the respondent, (d) if the person raising the issue claims that the result of the voting on the bylaw should be reversed, the grounds in support of that contention, and (e) if the person raising the issue makes any other claim, the grounds in support of that claim. RSA 2000 cL‑21 s128;2009 c53 s104;2011 c14 s17 Filing of documents 129 Before serving the application, the person raising the issue shall file all affidavits and material on which the person intends to rely, except where oral evidence is to be taken, in which case the person shall name in the application the witnesses whom the person proposes to examine. RSA 2000 cL‑21 s129;2009 c53 s104 Service of application 130 (1) The application shall be served on the persons and in the manner that the judge directs. (2) Service of the application shall be made within 2 weeks from the date of the fiat granted by the judge unless otherwise ordered by the judge. RSA 2000 cL‑21 s130;2009 c53 s104 Application to try validity of election 131 When the person raising the issue alleges that the person personally or some other person or persons have been elected, the application shall be to try the validity both of the election complained of and of the alleged election of the person raising the issue or of the other person or persons. RSA 2000 cL‑21 s131;2009 c53 s104 Combination of applications 132 If any of the grounds of objection apply equally to 2 or more persons declared elected, the person raising the issue may proceed by one application against all those persons. RSA 2000 cL‑21 s132;2009 c53 s104 Grounds not allowed 133 (1) On the hearing of the application, the person raising the issue shall not be allowed (a) to object to the voting on the bylaw or question, (b) to object to the election of the respondent, (c) to attack the respondent’s right to sit, or (d) to support the election of any person alleged to have been elected, on any ground not specified in the application. (2) Notwithstanding subsection (1), the judge in the judge’s discretion may entertain any substantial ground of objection to or any substantial contention in support of (a) the voting on a bylaw or question, or (b) the validity of the election or of the right to sit of either or any of the parties who may appear in evidence before the judge. RSA 2000 cL‑21 s133;2009 c53 s104 Production of election material 134 The judge may require the secretary to produce any ballots, books, lists and any other records of the election and documents in the secretary’s possession and connected with the election that the judge considers necessary. RSA 2000 cL‑21 s134;2024 c11 s1(51) Adding parties 135 The judge may, if the judge thinks proper at any stage of the proceedings, make an order adding the returning officer, deputy or any other person as a party. 1983 cL‑27.5 s135 Intervention 136 The judge may allow any person described in section 126(2) to intervene in the proceedings and to prosecute or defend and may grant a reasonable time for that purpose, and an intervening party is as liable to pay and as entitled to receive costs as any other party to the proceedings. 1983 cL‑27.5 s136 Hearing 137 (1) The judge shall without formal pleadings hear and determine (a) the validity of the voting on the bylaw or question or in the election, or (b) the right of the respondent to sit, and may inquire into the facts on affidavit or affirmation or by oral testimony. (2) If the validity of an election is contested before a judge on the grounds of (a) a contravention of this Act or of any other Act applicable to (i) the election, (ii) the procedure at the voting station, or (iii) the counting of the votes, (b) a mistake in the use of any of the forms required in connection with the election, or (c) any other irregularity, the judge, in the judge’s discretion, may adjudge the election invalid. (3) If the validity of an election is contested before a judge on the grounds mentioned in subsection (2) and it appears to the judge that the election was conducted substantially in accordance with the requirements of this Act and that the contravention, mistake or irregularity did not materially affect the result of the election, the judge may adjudge the election valid. RSA 2000 cL‑21 s137;2009 c53 s104 Invalid election 138 (1) If the election of a candidate complained of is adjudged invalid, the judge shall, by the judgment, order the respondent to be removed and the respondent’s office vacated, and if the judge determines that any other person was elected the judge shall forthwith order the other person to be admitted to the office. (2) If the voting on a bylaw or question complained of is adjudged invalid, the judge shall, by the judgment, declare the voting on the bylaw or question invalid and may order a new election to be held or make any order the judge considers just having regard to all the circumstances. (3) If the judge determines (a) that the election of all members of an elected authority is invalid, or (b) that all members of an elected authority have become disqualified, the judge shall forthwith order a new election to be held and the order shall be directed to the secretary, who on receipt of the order has all powers in connection with the holding of the election that are conferred by law on the elected authority for filling vacancies on the elected authority. (4) Notwithstanding subsection (3), the relevant Minister may make any regulations for the conduct of the election not inconsistent with any Act that the relevant Minister considers proper and the secretary shall conform in all respects to those regulations. (5) The Regulations Act does not apply to regulations made under subsection (4). 1983 cL‑27.5 s138 Liability for costs — improper refusal 139 (1) If an election has been held invalid owing to the improper refusal of a returning officer or deputy to receive ballots tendered by electors or to give ballot papers to electors, the judge may in the judge’s discretion order that the costs of the proceedings to unseat the candidate declared elected, or to declare the bylaw or any part of it or a vote on a question invalid, or any other costs, be paid by the returning officer or deputy. (2) Nothing in subsection (1) affects any right of action against a returning officer or deputy or relieves the returning officer or deputy from any other penalty or punishment to which the returning officer or deputy may be liable. 1983 cL‑27.5 s139 Liability for costs — non‑feasance or misfeasance 140 If it appears to the judge that an election is invalid by reason of any act of non‑feasance or misfeasance on the part of (a) the returning officer, or (b) a deputy, the judge may in the judge’s discretion order that the costs of the proceedings to unseat the person declared elected, or to declare the voting on the bylaw or question, or any part of it, invalid, or any other costs, be paid by the local jurisdiction in and for which the election was held. 1983 cL‑27.5 s140;1991 c23 s2(59) Form and effect of order 141 After the adjudication of the case, an order shall be drawn up in the usual manner that shall state concisely the ground and effect of the decision, and the order (a) may at any time be amended by the judge in regard to any matter or form, and (b) has the same force and effect as a writ of mandamus formerly had in similar cases. 1983 cL‑27.5 s141 Return of judge ’ s order 142 (1) The judge, immediately after the judge’s decision, shall return the judge’s order to the proper office of the Court to be kept as a record of the judgment of the Court. (2) The judgment of the Court may be enforced in the same manner as an ordinary order of mandamus of the Court and a writ of enforcement may be issued under it to recover any costs awarded by the judgment. 1983 cL‑27.5 s142;1994 cC‑10.5 s140 Disclaimer after application 143 A candidate (a) whose election is complained of, unless the election is complained of on the ground of bribery or undue influence on the part of that person, or (b) other than a member of council, whose seat is attacked on the ground that the candidate has become ineligible or disqualified, may within 7 days after service on the candidate of an application described in section 128 cause to be delivered to, or may transmit by prepaid registered mail directly to the clerk of the Court and also to the person raising the issue, or that person’s solicitor, a disclaimer signed by the candidate in the prescribed form. RSA 2000 cL‑21 s143;2009 c53 s104 Effect of disclaimer 144 (1) A disclaimer in the prescribed form delivered (a) before the election, or (b) before the person disclaiming is complained of, relieves the person making it from all liability to costs. (2) A disclaimer in the prescribed form delivered or transmitted under this Act operates as a resignation and the vacancy so created shall be filled in the manner provided by this Act. (3) A disclaimer in the prescribed form delivered to the returning officer before election day may be posted by the returning officer in the voting stations. RSA 2000 cL‑21 s144;2003 c27 s38;2018 c23 s50 Delivery of duplicate disclaimer 145 A person disclaiming after service on the person of an application for judicial review for an order in the nature of a quo warranto shall deliver a duplicate of the person’s disclaimer to the secretary, and the secretary shall forthwith communicate it to the elected authority. RSA 2000 cL‑21 s145;2009 c53 s104 Right of appeal 146 An appeal against the decision of a judge lies to the Court of Appeal and the proceedings appertaining to it shall be as nearly as possible the same as in an appeal in other cases from a decision of the Court of King’s Bench. RSA 2000 cL‑21 s146;AR 217/2022 Regulations 147 The Minister may make regulations respecting the form of any notices, orders or other proceedings to be issued, given, made or taken under this Part. RSA 2000 cL‑21 s147;2011 c14 s17 Part 5.1 Election Finances and Contributions Disclosure Interpretation 147.1 (1) In this Part, (a) “campaign expense” means any expense incurred, or non‑monetary contribution received, by a candidate, local political party or slate to the extent that the property or service that the expense was incurred for, or that was received as a non‑monetary contribution, is used to directly promote or oppose a candidate, local political party or slate during a campaign period, and includes an expense incurred for, or a non‑monetary contribution in relation to, (i) the production of advertising or promotional material, (ii) the distribution, broadcast or publication of advertising or promotional material in any media or by any other means during a campaign period, including by the use of a capital asset, (iii) the payment of remuneration and expenses to or on behalf of a person for the person’s services as a chief financial officer or in any other capacity, (iv) securing a meeting place, (v) the conduct of election surveys or other surveys or research during a campaign period, or (vi) the production of a review engagement required by this Act; (b) “campaign period” means (i) in the case of a general election, the period beginning on January 1 of the year immediately following a general election and ending on December 31 immediately following the next general election, and (ii) in the case of a by‑election, the period beginning on the day after the resolution or bylaw is passed to set the election day for the by‑election and ending 60 days after the by‑election; (b.1) “candidate” means (i) an individual who has been nominated to run for election in a local jurisdiction as a councillor or trustee, and (ii) an individual who intends to be nominated to run for election in a local jurisdiction as a councillor or as a trustee that has given written notice in accordance with section 147.22; (c) “contribution” means, in respect of a candidate’s election campaign or a local political party, any money, personal property, real property or service provided without fair market value compensation from that candidate or local political party, but does not include a service provided by an individual who voluntarily performs the service and receives no compensation, directly or indirectly, for the service or time spent providing the service; (c.1) “endorsed candidate” means a candidate whose endorsement by a local political party has been registered in accordance with the regulations; (d), (e) repealed 2024 c11 s1(52); (f) “prohibited organization” means (i) a municipality, (ii) a corporation that is controlled by a municipality and meets the test set out in section 1(2) of the Municipal Government Act , (iii) a non‑profit organization that has received since the last general election any of the following from the municipality in which the election will be held: (A) a grant; (B) real property; (C) personal property, (iv) a Provincial corporation as defined in the Financial Administration Act , including a management body within the meaning of the Alberta Housing Act , (v) a Metis settlement, (vi) a school board, (vii) a public post‑secondary institution as defined in the Post‑secondary Learning Act , (viii) a corporation that does not carry on business in Alberta, (ix) a registered party as defined in the Election Finances and Contributions Disclosure Act or the Canada Elections Act (Canada), or (x) an organization designated by the Lieutenant Governor in Council as a prohibited organization; (f.1) “review engagement” means a review engagement as defined in the Chartered Professional Accountants Act . (g) repealed 2024 c11 s1(52). (1.1) Corporations that are associated with one another under section 256 of the Income Tax Act (Canada) shall be considered as a single corporation for the purposes of this Part, but in determining whether and at what time corporations are associated for the purposes of this Part, subsection 256(1) of the Income Tax Act (Canada) shall be read as though the words “at any time in the year” were struck out. (2) The value of a contribution, other than money, provided to a candidate or a local political party is the fair market value of the contribution at the time it is provided. (3) If any personal property, real property or service or the use of personal property or real property is provided to a candidate or a local political party for a price that is less than the fair market value at the time it is provided, the amount by which the value exceeds the price is a contribution for the purposes of this Part. (4) For the purposes of this section, the use of goods in a 2nd or subsequent election is a non‑monetary contribution. (5) In this section, “expense incurred” means an expense that is incurred, whether it is paid or unpaid. 2009 c10 s3;2010 c9 s1;2018 c23 s51;2020 c22 s14; 2024 c11 s1(52);2025 c13 s1(19) 147.11 Repealed 2018 c23 s51. Application of Part 147.12 This Part applies to candidates for election as a councillor in a municipality or as a trustee. 2018 c23 s51;2025 c13 s1(20) Responsibility of contributors 147.13 (1) A prospective contributor is responsible for ensuring, before making a contribution under this Act, that the contributor is not prohibited from making a contribution and is not making a contribution that is in excess of the limit prescribed by section 147.2(2) or (3). (2) A candidate, a local political party and a person acting on behalf of a candidate or a local political party shall make every reasonable effort to advise prospective contributors of the provisions of this Part relating to contributions. 2018 c23 s51;2024 c11 s1(53);2025 c13 s1(21) Limitations on contributions 147.2 (1) No prohibited organization, individual ordinarily resident outside Alberta or trade union or employee organization other than an Alberta trade union or Alberta employee organization shall make a contribution to a candidate. (2) Subject to subsection (4), contributions to a candidate by an individual ordinarily resident in Alberta shall not exceed, in the case of a general election, in a calendar year during the campaign period, or, in the case of a by‑election, during the campaign period, (a) $5000 in the aggregate to all candidates for election as a councillor in a particular municipality, (b) $5000 in the aggregate to all candidates for election as a trustee of a particular public school division under the Education Act , and (c) $5000 in the aggregate to all candidates for election as a trustee of a particular separate school division under the Education Act . (3) Contributions by a corporation other than a prohibited organization, by an Alberta trade union or by an Alberta employee organization shall not exceed during the campaign period (a) $5000 in the aggregate to all candidates for election as a councillor in a particular municipality, (b) $5000 in the aggregate to all candidates for election as a trustee of a particular public school division under the Education Act , and (c) $5000 in the aggregate to all candidates for election as a trustee of a particular separate school division under the Education Act . (4) A candidate may contribute an amount of up to $10 000 during the campaign period that is not reimbursed to the candidate from the candidate’s campaign account by the end of the campaign period to the candidate’s own campaign expenses. (5) Any amount paid by a candidate for campaign expenses from the candidate’s own funds that is not reimbursed to the candidate from the candidate’s campaign account by the end of the campaign period, including an amount referred to in subsection (4), is a contribution to the candidate’s own campaign for the purposes of this Act. (6) No candidate and no person acting on behalf of a candidate shall, directly or indirectly, solicit or accept a contribution if the candidate or person knows or ought to know that the prospective contributor is a prohibited organization, an individual ordinarily resident outside Alberta or a trade union or employee organization that is not an Alberta trade union or Alberta employee organization. (7) No candidate and no person acting on behalf of a candidate shall solicit or accept a contribution if the candidate or person knows or ought to know that the amount of the contribution will exceed the amounts referred to in subsection (2) or (3). 2009 c10 s3;2010 c9 ss1,2;2018 c23 s51;2020 c22 s15; 2024 c11 s1(54);2025 c13 s1(22) 147.21 Repealed 2018 c23 s51. Notice required re contributions and expenses 147.22 (1) No individual and no person acting for the individual shall accept a contribution or incur a campaign expense unless the individual has given written notice in accordance with this section. (2) An individual who intends to be nominated or has been nominated to run for election in a local jurisdiction as a candidate must give written notice to the local jurisdiction in which the individual intends to be or has been nominated. (3) A written notice under subsection (2) must include, in respect of the individual’s candidacy, (a) the full name, address and contact information of the individual, (b) the address of the place or places where records of the individual are maintained and of the place to which communications may be addressed, (c) the names and addresses of the financial institutions to be used by or on behalf of the individual as depositories for campaign contributions made to that individual, and (d) the names of the signing authorities for each depository referred to in clause (c). (4) No candidate and no person acting for a candidate shall accept a contribution in respect of an election outside the campaign period for that election. 2018 c23 s51;2020 c22 s16;2024 c11 s1(55) Register of candidates 147.221 (1) A local jurisdiction must maintain a register of candidates that have given notice to the local jurisdiction under section 147.22. (2) A local jurisdiction must make the register of candidates publicly available on the local jurisdiction’s website, (a) in the case of a general election, until the December 31 immediately following the election, or (b) in the case of a by‑election, until 60 days following the by‑election. (3) The register of candidates referred to in subsection (2) must be made available in a partial or redacted form in the manner set out in section 28(6.1) and (6.2). 2024 c11 s1(55) Anonymous and unauthorized contributions 147.23 Any anonymous contributions and any contribution or portion of a contribution made in contravention of this Part accepted by a candidate or a person acting on behalf of a candidate must not be used or expended, and the candidate or the person acting on behalf of the candidate shall (a) return the contribution to the contributor if the contributor’s identity can be established, or (b) if the contributor’s identity cannot be established, pay an amount equivalent to the contribution to a registered charity or to the local jurisdiction for which the candidate is running for election. 2018 c23 s51 Contributions not belonging to contributor 147.24 (1) No individual, corporation, trade union or employee organization shall contribute to a candidate (a) funds not belonging to that individual, corporation, trade union or employee organization, or (b) funds given or furnished to the individual, corporation, trade union or employee organization by another individual, corporation, trade union or employee organization or a prohibited organization for the purpose of making a contribution of those funds to a candidate. (2) No individual, corporation, trade union, employee organization or prohibited organization shall give or furnish funds to another individual, corporation, trade union or employee organization for the purpose of having that other individual, corporation, trade union or employee organization make a contribution of those funds to a candidate. (3) No candidate and no person acting on behalf of a candidate shall solicit or accept a contribution if the candidate or person knows or ought to know that the contribution is contrary to subsection (1). 2018 c23 s51;2024 c11 s1(56) Transfers between local political parties and candidates 147.25 (1) Notwithstanding anything in this Act, a local political party and an endorsed candidate of the local political party may transfer to or accept from each other (a) money or real property, including permitting the use of real property for the other’s benefit, or (b) a debt incurred during a campaign period for the purpose of eliminating a deficit referred to in section 147.52(1). (2) Notwithstanding anything in this Act, a local political party and an endorsed candidate of the local political party may transfer to and accept from each other goods or services, including the use of goods or services. (3) A transfer under subsection (1) or (2) is not a contribution or a campaign expense under this Act. (4) The source and amount of a transfer referred to in subsection (1) must be recorded, and any funds accepted must be deposited into a campaign account. (5) The source and amount of a transfer referred to in subsection (2) must be recorded. (6) A transfer referred to in subsection (1) or (2) must be recorded, (a) in respect of a candidate, in a disclosure statement required by section 147.4, and (b) in respect of a local political party, in a disclosure statement required by section 22 of the Local Political Parties and Slates Regulation (AR 170/2024). 2025 c13 s1(23) Duties of candidate 147.3 (1) A candidate shall ensure that (a) a campaign account in the name of the candidate or the candidate’s election campaign is opened at a financial institution for the purposes of the election campaign at the time the candidate gives a written notice under section 147.22 or as soon as possible after the total amount of contributions first exceeds $1000 in the aggregate, (b) if a campaign account has been opened in accordance with clause (a), all contributions of money are deposited into the campaign account, (c) money in the campaign account shall only be used for the payment of campaign expenses, (d) contributions of real property, personal property and services are valued, (e) receipts are issued for every contribution and obtained for every expense, (f) records are kept of contributions and campaign expenses and are retained by the candidate for a period of 3 years following the day of the election to which they relate, and (g) proper direction is given to the candidate’s official agent and any other person who is authorized to incur campaign expenses and accept or solicit contributions on behalf of the candidate. (2) A candidate shall not knowingly make a false or misleading statement in any disclosure statement or financial statement or other information required to be filed under this Part. 2009 c10 s3;2010 c9 s2;2015 c5 s120;2018 c23 s51; 2024 c11 s1(57) Fund‑raising functions 147.31 (1) In this section, “fund‑raising function” includes any social function held for the purpose of raising funds for the candidate’s election campaign by whom or on whose behalf the function is held. (2) The gross income from any fund‑raising function must be recorded by the candidate on whose behalf the function was held. (3) If a fund‑raising function is held by the sale of tickets by or on behalf of a candidate, the amount of the contribution is to be determined under clause (a) or under clause (b), at the option of the candidate: (a) if the individual charge (i) is $50 or less, it is not considered to be a contribution unless the individual who pays the charge specifically requests that it be so considered, in which case 1/2 of the amount is allowed for expenses and 1/2 is considered to be a contribution, (ii) is more than $50 but not more than $100, $25 is allowed for expenses and the balance is considered to be a contribution, and (iii) is more than $100, 25% of the amount is allowed for expenses and the balance is considered to be a contribution; (b) the amount of the contribution is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain. (4) The price paid at a fund‑raising function in excess of the fair market value at that time for goods or services received is considered to be a contribution to the candidate’s election campaign. 2018 c23 s51 Receipts 147.32 Every candidate or a person acting on behalf of the candidate shall issue a receipt for every contribution accepted in a form acceptable to the local jurisdiction. 2018 c23 s51 Loans 147.33 (1) A candidate (a) may borrow money only from a financial institution, and (b) shall record all loans and their terms and shall report accordingly to the relevant local jurisdiction. (2) Only an individual ordinarily resident in Alberta, a corporation other than a prohibited organization, an Alberta trade union or an Alberta employee organization may make a payment on behalf of the borrower in respect of a loan to which subsection (1) applies. (3) Any payment in respect of a loan to which subsection (1) applies made by an individual, corporation, trade union or employee organization referred to in subsection (2) becomes, for the purposes of this Act, including, without limitation, section 147.2, a contribution (a) by that individual, corporation, trade union or employee organization, and (b) accepted by the borrower, if the borrower does not reimburse the payment before the borrower is next required to file a disclosure statement. (4) This section does not apply to the borrowing of money for purposes unrelated to the candidate’s election campaign. 2018 c23 s51;2024 c11 s1(58) Campaign expense limits 147.34 No candidate and no chief financial officer of a candidate shall incur campaign expenses that exceed, in the aggregate, the amounts determined by the regulations. 2018 c23 s51 Campaign disclosure statements 147.4 (1) On or before March 1 of each year, a candidate who has received contributions in the previous year must file a disclosure statement in respect of the previous year. (2) On or before September 30 of a year in which a general election is to be held, a candidate who has received contributions in the period beginning on January 1 and ending on July 31 of that year must file a disclosure statement in respect of that period. (3) Within 120 days of the day on which a by‑election is held, a candidate who has received contributions during the campaign period for that by‑election must file a disclosure statement in respect of the campaign period. (4) A disclosure statement referred to in subsection (1), (2) or (3) must (a) be in the prescribed form, (b) be filed with the secretary of the candidate’s local jurisdiction, and (c) include the following information for the applicable period: (i) the total amount of all contributions received that did not exceed $50 in the aggregate from any single contributor; (ii) in respect of each contributor that made contributions exceeding $50 in the aggregate, the total amount contributed and the contributor’s name and address; (iii) the total amount of all contributions received under section 147.2(4); (iv) the total amount received from fund‑raising functions; (v) the total amount of other revenue received; (vi) the total amount of campaign expenses incurred; (vii) an itemized campaign expense report setting out the campaign expenses incurred by the candidate; (viii) the total amount paid by the candidate from the candidate’s own funds and not reimbursed from the candidate’s campaign account; (ix) in respect of a disclosure statement under subsection (1), if the previous year was the year in which an election was held, (A) the total amount of any campaign surplus for the campaign period, including any surplus from previous campaigns, and (B) the amount of any deficit for the campaign period; (x) in respect of a disclosure statement under subsection (3), (A) the total amount of any campaign surplus, including any surplus from previous campaigns, and (B) the amount of any deficit. (5) If a candidate required to file a disclosure statement referred to in subsection (1), (2) or (3) has incurred campaign expenses or received contributions of $50 000 or more in the period to which the disclosure statement applies, the candidate must file a review engagement with the disclosure statement. (6) If a candidate becomes aware that any of the information provided in a disclosure statement filed under subsection (1), (2) or (3) or in a review engagement filed under subsection (5) has changed or has not been completely or accurately disclosed, the candidate must, within 30 days of becoming aware of the issue, submit a supplementary statement in the prescribed form to the secretary of the local jurisdiction. (7) A local jurisdiction must ensure that all documents filed under this section are made publicly available on the local jurisdiction’s website as soon as practicable in a partial or redacted form as necessary to ensure that the following information is not disclosed: (a) the mailing address of the candidate and of the candidate’s official agent; (b) an address provided for a contributor, except the portion of the address that names a municipality or a province; (c) any other contact information not required by this section but included on a document filed with a local jurisdiction. 2009 c10 s3;2010 c9 s1;2015 c5 s121;2018 c23 s51;2020 c22 s17; 2022 c16 s7;2024 c11 s1(59);2025 c7 s9 Campaign surplus 147.5 (1) If a candidate’s disclosure statement in respect of the year in which a general election was held or in the case of a by‑election shows a surplus, the candidate, within 60 days after filing the disclosure statement with the local jurisdiction, (a) shall, with respect to any amount that is $1000 or more, donate an amount to a registered charity that results in the surplus being less than $1000, and (b) may, with respect to any amount that is less than $1000, (i) retain all or any portion of that amount, and (ii) donate all or any portion of that amount to a registered charity. (2) A candidate who donates an amount to a registered charity in accordance with subsection (1)(a) or (b)(ii) shall, within 30 days after the expiration of the 60‑day period referred to in subsection (1), file an amended disclosure statement showing that the surplus has been dealt with in accordance with this section. (3) Repealed 2024 c11 s1(60). 2009 c10 s3;2010 c9 s1;2015 c5 s122;2018 c23 s51;2020 c22 s18; 2024 c11 s1(60) 147.51 Repealed 2024 c11 s1(61). Campaign deficit 147.52 (1) If a candidate’s disclosure statement in respect of the year in which a general election was held or in the case of a by‑election shows a deficit, the candidate shall eliminate the deficit within 60 days after filing the disclosure statement with the local jurisdiction. (2) For the purpose of eliminating a deficit referred to in subsection (1), a candidate may, notwithstanding section 147.22(4), accept contributions in accordance with this Act during the period referred to in subsection (1). (3) Subject to subsection (4), a candidate shall not accept a contribution of an amount that exceeds $5000 from any single contributor for the purpose of this section. (4) A candidate may make a contribution from the candidate’s own funds that does not exceed $10 000 to reduce a deficit shown on the candidate’s disclosure statement for the purpose of this section.

(5) A candidate referred to in subsection (1) shall, within 30 days after the expiration of the 60‑day period referred to in subsection (1), file an amended disclosure statement showing that the deficit has been eliminated. 2020 c22 s18;2024 c11 s1(62) Sections 147.4, 147.5, 147.52 continue to apply 147.53 (1) For greater certainty, sections 147.4, 147.5 and 147.52 apply to an individual who (a) gives a written notice under section 147.22 but does not file a nomination or whose nomination is not accepted under section 28, (b) withdraws as a candidate, (c) is disqualified or becomes ineligible to continue as a candidate, or (d) is not elected. (2) If an individual referred to in subsection (1) did not receive contributions in the year of a general election, but received contributions in any previous year during the campaign period for the general election, (a) a reference in section 147.4(4)(c)(ix) to the year in which an election was held shall be read as the year in which the candidate last received contributions, and (b) a reference in sections 147.5(1) and 147.52(1) to the year in which a general election was held shall be read as the year in which the candidate last received contributions. 2024 c11 s1(63);2025 c7 s9 147.6 Repealed 2012 c5 s123. Late filing 147.7 (1) In this section and in section 147.8, “filing deadline” means the day by which a disclosure statement referred to in section 147.4 is required to be filed with a local jurisdiction. (2) A candidate who is required to file a disclosure statement under section 147.4 and fails to file that document by the filing deadline must pay a late filing fee of $500 to the relevant local jurisdiction. (3) A local jurisdiction shall not present or transmit a report in relation to a candidate under section 147.8 if the return is filed no later than 10 days after the filing deadline. (4) If the late filing fee is not paid within 30 days after the date the fee was payable, the local jurisdiction shall send a notice to the candidate, indicating the amount of the late filing fee that is required to be paid. (5) If a candidate who is sent a notice by the local jurisdiction under subsection (4) fails to pay the late filing fee set out in the notice, the local jurisdiction may file a copy of the notice with the clerk of the Court of King’s Bench, and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. 2009 c10 s3;2012 c5 s124;2018 c23 s51;AR 217/2022; 2024 c11 s1(64) Effect of non‑compliance in relation to disclosure statements 147.8 (1) Subject to section 147.7, if a candidate fails to file a disclosure statement as required by section 147.4 (a) in the case of an election of municipal councillors, the secretary shall (i) present a report to that effect to council on the day of the first council meeting after the filing deadline, and (ii) publish the report or the information in the report on the municipality’s website by no later than the day referred to in subclause (i), and (b) in the case of an election of trustees, the secretary of the school board shall transmit a report to that effect to the school board, which shall on its receipt make the report public. (2) A candidate referred to in subsection (1) may apply to the Court for relief within the 60‑day period beginning on the day (a) the report or the information in the report is published on the municipality’s website, if subsection (1)(a) applies, or (b) the school board makes the report public, if subsection (1)(b) applies. (3) On hearing the application, the Court may (a) dispense with compliance with section 147.4, or any provision of it, if it considers that the non‑compliance is due to circumstances beyond the control of the candidate and that it is not reasonably possible to comply with that section, (b) extend the time for compliance with section 147.4, or any provision of it, if it finds mitigating reasons for non‑compliance with the section, (c) make any order that it considers appropriate to secure compliance with as much of section 147.4 as it considers reasonable in the circumstances, or (d) refuse the application. (4) A candidate may apply to the Court under this section and name the municipality or the school board, as the case may be, as the respondent. (5) The decision of the Court is final and not subject to appeal. 2009 c10 s3;2010 c9 s1;2018 c23 s51;2024 c11 s1(65);2025 c13 s1(24) Prosecution 147.81 A prosecution under this Part may be commenced within 3 years of the commission of the alleged offence but not afterwards. 2018 c23 s51 Offences relating to contributions 147.82 (1) A prohibited organization or a person acting on its behalf that contravenes section 147.2 is guilty of an offence and liable to a fine of not more than $10 000. (2) A corporation, trade union or employee organization, or a person acting on behalf of a corporation, trade union or employee organization, who contravenes section 147.2 is guilty of an offence and liable to a fine of not more than $10 000. (3) An individual who contravenes section 147.2 or 147.24 is guilty of an offence and liable to a fine of not more than $5000. (4) A candidate who contravenes section 147.22(1) or (4) is guilty of an offence and liable to a fine of not more than $1000. (5) A candidate or a person acting on behalf of a candidate who fails to return or pay an amount referred to in section 147.23(a) or (b) is guilty of an offence and liable to a fine of not more than $5000. (6) A prohibited organization or a person acting on its behalf that contravenes section 147.24 is guilty of an offence and liable to a fine of not more than $10 000. (7) A corporation, trade union or employee organization or a person acting on behalf of a corporation, trade union or employee organization that contravenes section 147.24 is guilty of an offence and liable to a fine of not more than $10 000. 2018 c23 s51;2024 c11 s1(66) Failure of candidate to comply with duties 147.83 A candidate who contravenes section 147.3 is guilty of an offence and liable to a fine of not more than $1000. 2018 c23 s51 Failure to file 147.84 (1) A candidate who fails to comply with section 147.4(1), (3) or (5) by April 1 of a year in which a disclosure statement is required to be filed, or, in the case of a by‑election, within 150 days after the by‑election, is guilty of an offence and liable to a fine of not more than $5000. (1.1) A candidate who fails to comply with the following sections within 30 days after the expiration of the period referred to in that section is guilty of an offence and liable to a fine of not more than $5000: (a) section 147.4(2) or (6); (b) section 147.5(1) and (2); (c) section 147.52(1) and (5). (2) If a candidate is found guilty of contravening section 147.4, the Court may, in addition to the penalty provided for in subsection (1), order the candidate to pay any surplus to the local jurisdiction as soon as possible. (3) Repealed 2020 c22 s19. 2018 c23 s51;2020 c22 s19;2024 c11 s1(67);2025 c7 s9 Expenses more than maximum 147.85 A candidate who contravenes section 147.34 is guilty of an offence and liable to a fine of not more than $10 000. 2018 c23 s51 147.9 Repealed 2010 c9 s2. Regulations and bylaw 147.91 (1) The Minister may make regulations (a) determining campaign expense limits for the purpose of section 147.34; (b) respecting transitional matters relating to the coming into force of An Act to Renew Local Democracy in Alberta not otherwise provided for in that Act, including remedying any confusion, difficulty, inconsistency or impossibility resulting from the enactment of that Act. (2) An elected authority may pass a bylaw determining campaign expense limits for the purpose of section 147.34 in an amount that is less than the amount determined by regulation under subsection (1) (a) with respect to a general election, prior to December 31 of the year before the general election is held, and (b) with respect to a by‑election, at least 180 days before the by‑election at which the bylaw is to take effect. 2009 c10 s3;2018 c23 s51 147.92 Repealed 2018 c23 s51. 147.93 to 147.96 Repealed 2024 c11 s1(68). Part 6 Offences Prohibitions 148 (1) No person shall (a) without authority supply a ballot to any person, (b) fraudulently put into a ballot box any paper other than a ballot that the person is authorized by this Act to deposit, (c) fraudulently take a ballot out of the voting station, (d) without authority destroy, take, open or otherwise interfere with any ballot box or packet of ballots then in use for the purpose of an election. (2) No person shall (a) request a ballot in the name of some other person, whether the name is that of a person living or dead or of a fictitious person, or (b) having voted once, request at the same election a ballot in the person’s own name. (3) No person shall vote knowing that the person has no right to do so. (3.1) No person shall obstruct any person carrying out an inquiry, investigation or examination under this Act or withhold from that person or conceal or destroy any books, papers, documents or things relevant to the subject‑matter of the investigation or examination. (4) No person shall make or sign a false statement for any purpose related to an election or vote held or to be held under this Act. (5) No person shall print or distribute or cause to be printed or distributed in any advertisement, handbill, placard, poster, circular, pamphlet, newspaper or other paper a form of ballot printed by the returning officer, indicating or showing it to be marked for any candidate or candidates. (6) Notwithstanding anything in this section, the returning officer may at any time after nomination day cause a facsimile of the ballot for chief elected official, member of an elected authority, bylaw or question to be published as often as the returning officer considers necessary in a newspaper circulating in the area, for the information of the electors. (7) A person who contravenes subsection (1), (2), (3), (3.1), (4) or (5) is guilty of an offence and liable to a fine of not more than $10 000 or to imprisonment for not more than 6 months or to both fine and imprisonment. RSA 2000 cL‑21 s148;2018 c23 s52 Offences — returning officer or deputy returning officer 149 A returning officer or deputy who (a) takes or receives a vote in contravention of this Act, (b) refuses or wilfully omits to sign the returning officer’s or deputy’s initials on any ballot, (c) acts wilfully in contravention of this Act, or (d) commits a wilful omission, is guilty of an offence and liable to a fine of not more than $5000 or to imprisonment for not more than 2 years or to both fine and imprisonment. 1983 cL‑27.5 s149;1991 c23 s2(62);1997 c15 s33 Offences — integrity of the vote 150 (1) Every returning officer, deputy, candidate, constable, official agent and scrutineer in attendance at a voting station shall maintain and aid in maintaining the secrecy of the voting at the voting station. (2) No person shall interfere with or attempt to interfere with an elector when the elector is marking the elector’s ballot, or shall otherwise attempt to obtain at the voting station information as to which candidate or candidates any elector at that voting station is about to vote or has voted for. (3), (4) Repealed 2024 c11 s1(68). (5) No person shall display at the voting station or distribute or post in it a specimen ballot paper marked for a candidate or any other material purporting to explain to the electors how to vote or leave or post a ballot or other material in a voting compartment other than the material that is required to be posted in accordance with this Act. (6) No person shall communicate at any time to any person any information obtained at a voting station as to which candidate any elector at that voting station is about to vote or has voted for. (7) No returning officer, deputy, official agent or scrutineer in attendance at the counting of the votes shall communicate or attempt to communicate any information obtained at that counting as to which candidate or candidates any vote is given for. (8) No person shall directly or indirectly induce an elector to display the elector’s ballot, after the elector has marked it, so as to make known to any person the name of any candidate for whom the elector has or has not marked the elector’s ballot. (9) A person who contravenes this section is guilty of an offence and liable to a fine of not more than $5000 or to imprisonment for a term not exceeding 2 years or to both fine and imprisonment. RSA 2000 cL‑21 s150;2006 c22 s57;2024 c11 s1(68) Offence — candidate’s acceptance 151 A candidate for elective office who signs a candidate’s acceptance form that contains a false statement is guilty of an offence and liable to a fine of not more than $1000. 1983 cL‑27.5 s151 Advertisement distribution 152 (1) Subject to subsection (2), a person who, at an advance vote or on election day, (a) displays within a building used for a voting station or within the boundaries of the land on which a building used for a voting station is located, or (b) distributes within a building used for a voting station or within the boundaries of the land on which the building used for a voting station is located, an advertisement, handbill, placard, poster, circular, pamphlet, newspaper or other paper except those posted by the deputy in accordance with this Act is guilty of an offence and liable to a fine of not more than $500. (2) When a voting station is located in a building containing a complex of interlocking offices, stores or other facilities, the prohibition in subsection (1) applies only to the store, office or facility comprising the area used as a voting station. (3) Repealed 2018 c23 s53. (4) Where a person displays an advertisement, handbill, placard, poster, circular, pamphlet, newspaper or other paper contrary to subsection (1), the deputy may cause it to be removed, and neither the deputy nor any person acting under the deputy’s instructions is liable for trespass or damages resulting from or caused by the removal. RSA 2000 cL‑21 s152;2006 c22 s58;2018 c23 s53;2020 c22 s20 Campaign activities at a voting station 152.1 (1) Subject to subsection (2), a person who, at an advance vote or on election day, canvasses or solicits votes, or communicates with any person for the purpose of influencing that person’s vote, in a voting station or within the boundaries of the land on which a building used for a voting station is located is guilty of an offence and liable to a fine of not more than $500. (2) When a voting station is located in a building containing a complex of interlocking offices, stores or other facilities, the prohibition in subsection (1) applies only to the store, office or facility comprising the area used as a voting station. (3) If a person contravenes this section, the deputy may issue one or more of the following directions to the person: (a) to cease all conduct that constitutes a contravention; (b) to leave a location referred to in subsection (1) or (2); (c) to move to a location specified by the deputy. (4) A person who, on receiving a direction under subsection (3), fails to immediately comply with the direction is guilty of an offence and liable to a fine of not more than $500. (5) If a person contravenes this section, the deputy may request the assistance of a peace officer (a) to aid the deputy in maintaining unobstructed public access to the voting station, and (b) to remove a person who has refused to comply with a direction referred to in subsection (3) from a location referred to in subsections (1) and (2). 2018 c23 s54;2020 c22 s21 Interference with posted documents 153 A person who, without authorization, takes down, covers up, mutilates, defaces or alters any notice or other document required to be posted under this Act is guilty of an offence and liable (a) if the person is an officer, to a fine of not more than $1000, and (b) in any other case, to a fine of not more than $200. 1983 cL‑27.5 s155;1997 c15 s36 Improper appointment 154 A person who (a) procures an appointment as a returning officer, deputy or constable by false pretence, deceit or other improper means, or (b) acts as a returning officer, deputy or constable without lawful authority, is guilty of an offence and liable to a fine of not more than $1000. 1983 cL‑27.5 s156;1991 c23 s2(66) Provision of time to vote 155 An employer who directly or indirectly (a) refuses to allow, or (b) by intimidation, undue influence or in any other manner interferes with the allowance of, an employee to have a period of absence for voting provided for under section 58 is guilty of an offence and liable to a fine of not more than $5000 or to imprisonment for not more than 2 years or to both fine and imprisonment. 1983 cL‑27.5 s157;1997 c15 s37 Offence 156 A person who obstructs or interferes with the free access of (a) repealed 2024 c11 s1(69), (b) a candidate, or (c) a campaign worker on behalf of a candidate to a residence in a building containing 2 or more residences or to a residence in a mobile home park is, if the candidate or campaign worker produces identification of that person’s status as a candidate or campaign worker, guilty of an offence and liable to a fine of not more than $1000. RSA 2000 cL‑21 s156;2024 c11 s1(69) Penalty — general 157 A person who is guilty of an offence under this Act for which a penalty is not otherwise provided is liable to a fine of not more than $500. 1983 cL‑27.5 s159 Offence re use of information 158 Any person who (a) uses any information obtained from the permanent electors register for a purpose other than that referred to in section 49, or (b) uses any information provided to, or obtained by, a municipality under section 49 other than for the purpose of compiling or revising the permanent electors register, (c), (d) repealed 2024 c11 s1(70), is guilty of an offence and liable to a fine of not more than $100 000 or to imprisonment for not more than one year or to both fine and imprisonment. RSA 2000 cL‑21 s158;2024 c11 s1(70) Part 7 General Methods of notification 158.1 Notwithstanding any provision of this Act, if a municipality has passed a bylaw in accordance with section 606.1 of the Municipal Government Act , the method or methods for advertising authorized by that bylaw may be used by that municipality for the purpose of notifications referred to in sections 26, 35 and 74 of this Act. 2018 c23 s55;2024 c11 s1(71) Transitional 158.2 (1) In this section, “former Act” means the Local Authorities Election Act as it read on August 31, 2020. (2) The former Act applies to the following: (a) a by‑election, where the vacancy to which the by‑election relates occurs before September 1, 2020 and the election day for that by‑election occurs on or after September 1, 2020; (b) a vote on a question or bylaw, where the resolution or bylaw that fixes the day for the vote on the question or bylaw is passed before September 1, 2020 and the election day for that vote on a question or bylaw occurs on or after September 1, 2020. 2018 c23 s55;2020 c22 s22 Local political parties and slates of candidates 158.3 (1) Repealed 2025 c13 s1(25). (2) A local political party shall not be (a) a registered party as defined in the Election Finances and Contributions Disclosure Act , (b) a registered party as defined in the Canada Elections Act (Canada), (c) a political party or organization affiliated with a registered party referred to in clause (a) or (b), (d) a slate, or (e) a person or organization prescribed in the regulations. (3) If the regulations authorize the involvement of local political parties, slates or both in elections in a local jurisdiction, then, subject to the regulations, (a) the local jurisdiction shall not prohibit or restrict the formation of a local political party or slate or the participation of local political parties or slates in election activities in the local jurisdiction, (b) a candidate in the local jurisdiction may (i) be selected for endorsement as an official candidate of a local political party, (ii) run as part of a slate, or (iii) run as an independent candidate, (c) ballots in the local jurisdiction must list (i) a local political party that officially endorses a candidate, and (ii) a slate of which a candidate is a part, (d) a local political party or a slate must comply with (i) the applicable registration, endorsement and interaction rules set out in the regulations, and (ii) the applicable contribution, campaign expense, disclosure and other financing rules set out in the regulations, and (e) a candidate must comply with the applicable rules set out in the regulations with respect to a local political party or a slate. 2024 c11 s1(72);2025 c13 s1(25) Regulations 159 (1) The Lieutenant Governor in Council may make regulations providing for any matter not provided for or insufficiently provided for in this Act but any regulation so made ceases to have any effect after the last day of the next session of the Legislature. (2) The Minister may make regulations (a) prescribing forms and their contents for use under this Act; (b) respecting standards for ballot boxes; (c) respecting identification indicating that a person is a candidate, an official agent, a scrutineer or a campaign worker. RSA 2000 cL‑21 s159;2003 c27 s39;2006 c22 s59;2024 c11 s1(73) Regulations 160 (1) Notwithstanding anything in this Act, the Lieutenant Governor in Council may make regulations (a) prescribing a system for the conduct and procedure of an election or vote that is not provided for in this Act or that is a modification of a system under this Act; (a.1) respecting standards for a system described in clause (a) and respecting evidence of compliance with those standards; (b) prescribing forms for use in connection with a system prescribed by regulations under this subsection; (c) with respect to a system prescribed by regulations under this subsection, providing for any matter not provided for or insufficiently provided for in this Act; (d) providing that any person who contravenes any provision of the regulations under this subsection is guilty of an offence and liable to imprisonment for a term not exceeding 6 months or to a fine of not more than $500 or to both fine and imprisonment. (1.01) The Lieutenant Governor in Council may make regulations (a) respecting matters relating to an emergency, a disaster or an unusual or unforeseen circumstance referred to in section 6.1; (b) prescribing other impacts for the purposes of section 6.1(c); (c) designating organizations as prohibited organizations for the purposes of Part 5.1. (1.1) A regulation under subsection (1)(a.1) may adopt or incorporate in whole or in part, or with modifications, standards, codes or other bodies of rules that relate to any matter in respect of which a regulation may be made under subsection (1)(a.1) if the standards, codes or other bodies of rules have been published and copies are available. (2) On the application of an elected authority, the relevant Minister may, by order, on any terms and conditions the relevant Minister may prescribe, authorize the elected authority to pass a bylaw adopting the system for conducting an election prescribed by regulations under subsection (1). (3) Subject to regulations made under subsection (1) and adopted by a bylaw authorized by an order made under subsection (2), the provisions of this Act apply to an election held under this section. (4) The Regulations Act does not apply to orders under subsection (2). RSA 2000 cL‑21 s160;2003 c27 s40;2020 c22 s23; 2024 c11 s1(74) Lieutenant Governor in Council regulations re local political parties and slates of candidates 160.1 (1) The Lieutenant Governor in Council may make regulations respecting local political parties and slates, including, without limitation, regulations (a) further defining or redefining “candidate” or “local political party”; (b) defining “slate” and any other word or expression used in section 158.3 but not defined in this Act; (c) respecting the affiliation of a political party or organization with a registered party for the purposes of section 158.3(2)(c); (d) prescribing persons or organizations that shall not be a local political party; (e) authorizing the involvement of local political parties and slates in elections; (f) respecting the endorsement of candidates by local political parties; (g) respecting candidates being part of slates; (h) respecting the listing of local political parties or slates on ballots; (i) respecting the registration of local political parties or slates; (j) respecting the interaction and relationships between local political parties, candidates, slates, third parties or any other person, corporation, organization, registered party, trade union or employee organization referred to in this Act, or any combination of them; (k) respecting election finances and contributions disclosure relating to local political parties and slates, including establishing rules, restrictions and disclosure relating to contributions, campaign expenses and financing; (l) applying the offences and penalties set out in sections 147.82 to 147.85, Part 6 and section 187, with or without modification, to the regulations made under this section; (m) applying the administrative penalties set out in section 193, with or without modification, to the regulations made under this section; (n) respecting the application of any provision of this Act, with or without modification, to local political parties or slates or circumstances involving local political parties or slates. (2) A regulation made under subsection (1) may be specific to a local jurisdiction or general in its application. (3) The authority to make a regulation under subsection (1) respecting any matter includes the authority to make prohibitions in respect of that matter. (4) A regulation made under subsection (1)(l) or (m) shall not provide for a penalty that is greater than the penalty provided for a similar contravention of a provision referred to in those clauses. 2024 c11 s1(75) Ministerial regulations re local political parties and slates of candidates 160.2 (1) The Minister may make regulations determining campaign expense limits respecting local political parties and slates. (2) A regulation made under subsection (1) may be specific to a local jurisdiction or general in its application. (3) A regulation made under section 160.1(1)(k) supersedes a regulation made under this section to the extent of any conflict. 2024 c11 s1(75) Bylaws valid 161 A bylaw passed pursuant to this Act remains in force until it is repealed. 1991 c23 s2(67) Part 8 Third Party Advertising Definitions 162 (1) In this Part, (a) “advertising account” means the account on record with the local jurisdiction or the Registrar for the purpose of accepting advertising contributions for election advertising and for the payment of advertising expenses for election advertising; (b) “advertising contribution” means, subject to subsection (2), (i) money provided to or for the benefit of a third party, or (ii) real property, goods or services, or the use of real property, goods or services, provided to or for the benefit of a third party, without compensation from that third party, for the purpose of election advertising, whether provided before or after the third party becomes registered under section 163; (c) “advertising expense” means an expense incurred in relation to (i) the production of an election advertising message in the format in which the message is to be transmitted, and (ii) the acquisition of the means of transmission to the public of an election advertising message; (d) “election advertising” means, subject to subsection (3), the transmission to the public by any means during an election advertising period of an advertising message that promotes or opposes the election of a candidate or takes a position on an issue that is the subject of a vote on a bylaw or question, and for greater certainty does not include (i) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news, (ii) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election, (iii) the transmission of a document or the communication directly by a corporation or a group to its members, employees or shareholders, as the case may be, (iv) the transmission by an individual, corporation or group, on a non‑commercial basis on the Internet, of the political views of that individual, corporation or group, (v) the making of telephone calls to electors only to encourage them to vote, (vi) advertising by the local jurisdiction in any form, or (vii) the transmission to the public in a local jurisdiction that is not a local jurisdiction for which the advertising message was intended and in which there is no candidate and no vote on a bylaw or question to which the transmission relates; (e) “election advertising period” means, (i) in the case of a general election, the period beginning on May 1 in the year in which a general election is held and ending at the end of the election day, (ii) in the case of a by‑election, the period beginning on the day after the resolution or bylaw is passed to set the election day for the by‑election and ending at the end of the election day, and (iii) in the case of a vote on a bylaw or question, the period beginning on the day the election is set by resolution or bylaw and ending at the end of the election day; (f) repealed 2024 c11 s1(76); (g) “expenses” means (i) amounts paid, (ii) liabilities incurred, (iii) subject to subsection (2)(a), the market value of real property, goods and services that are donated or provided, and (iv) subject to subsection (2)(a), amounts that represent the difference between an amount paid or a liability incurred for real property, goods or services and the market value of the real property, goods or services, when they are provided at less than their market value; (h) “group” means an unincorporated group of individuals or corporations acting in consort for a common purpose and includes a trade union and an employee organization or any combination of individuals, corporations, trade unions or employee organizations; (i) repealed 2020 c22 s24; (j) “prohibited corporation” means a prohibited corporation as defined in the Election Finances and Contributions Disclosure Act ; (k) “registered third party” means a third party registered under this Part; (k.1) “Registrar” means the Registrar for Third Party Advertising appointed under section 162.1; (l) “third party” means an individual, corporation or group, but does not include a candidate. (m) repealed 2024 c11 s1(76). (2) For the purposes of subsection (1)(b), “services” does not include (a) volunteer labour provided by an individual, so long as that individual does not receive from that individual’s employer or any person, compensation or paid time off to volunteer, (b) professional services provided free of charge for work relating to compliance with this Act, (c) services provided free of charge by an individual acting as the chief financial officer of the recipient of the services for work relating to compliance with this Act, or (d) services that a third party provides in support of its own campaign, but for greater certainty “services” includes services provided by an individual who is self‑employed if the services are normally charged for by that individual. (3) For the purposes of subsection (1)(d), “election advertising” includes (a) canvassing for the benefit of a candidate or to promote or oppose a position on an issue that is the subject of a vote on a bylaw or question, and (b) organizing events where the primary purpose of the event is to promote or oppose a candidate or a position on an issue that is the subject of a vote on a bylaw or question. (4) In determining the primary purpose of an event under subsection (3)(b), the following factors, in addition to any other relevant information, shall be used: (a) whether it is reasonable to conclude that the event was specifically planned to coincide with an election; (b) whether the formatting or branding of promotional materials for the event is similar to the formatting, branding or election material used by a candidate or by a third party to promote or oppose a position on an issue that is the subject of a vote on a bylaw or question; (c) the extent to which an election, a candidate or a position on an issue that is the subject of a vote on a bylaw or question is referred to, either directly or indirectly, in promotional materials for the event or at the event; (d) whether the event is consistent with previous events held by that third party; (e) whether messages conveyed at the event are political messages associated with a candidate or with a position on an issue that is the subject of a vote on a bylaw or question. (5), (6) Repealed 2020 c22 s24. (7) The Minister may issue guidelines respecting the application of this Part and shall publish any guidelines on the Minister’s department ’s website. 2018 c23 s56;2020 c22 s24;2024 c11 s1(76) Appointment of Registrar 162.1 The Minister may appoint a Registrar for Third Party Advertising for the purposes of this Part. 2020 c22 s25 Registration of third parties 163 (1) Subject to subsection (1.3), a third party shall apply for registration in a local jurisdiction under this section (a) when it has incurred expenses of at least $1000 or plans to incur advertising expenses of at least $1000 for election advertising, or (b) when it has accepted advertising contributions of at least $1000 or plans to accept advertising contributions of at least $1000. (1.1) A third party may apply to the Registrar for registration under this section when it is registered in a register referred to in subsection (2) in more than 10 local jurisdictions. (1.2) When a third party is registered with the Registrar under this section, the registration of that third party with any local jurisdiction is deemed to be cancelled. (1.3) If a third party is registered with the Registrar, the third party is not required to apply for registration with a local jurisdiction for the purpose of subsection (1). (2) A local jurisdiction and the Registrar shall maintain a register of third parties who engage in election advertising. (2.1) A person may request to examine the register of third parties referred to in subsection (2) during regular business hours and in the presence of the returning officer, deputy or secretary of the local jurisdiction or the Registrar. (3) Subject to this section, the local jurisdiction or the Registrar, as applicable, shall register in the appropriate register any third party who is eligible to be registered and who files with the local jurisdiction or the Registrar an application for registration in the prescribed form setting out the following: (a) the name and contact information (i) if the third party is an individual, of the individual, (ii) if the third party is a corporation, of the corporation and of the officer who has signing authority for it, and (iii) if the third party is a group, of the group and of the principal officers of the group or, if there are no principal officers, the principal members; (b) repealed 2020 c22 s26; (c) in the case of a third party who engages or will be engaging in election advertising, the address and telephone number of the place or places in Alberta where records of the third party are maintained and of the place in Alberta to which communications may be addressed; (d) repealed 2020 c22 s26; (e) the name and contact information of the chief financial officer responsible for the advertising account of the third party; (f) the name and address of the financial institution to be used by the third party for its advertising account; (g) the names of the signing authorities for the advertising account; (h) any additional information required by the local jurisdiction concerning an advertising account. (4) If the third party has a governing body, the application must include a copy of the resolution passed by the governing body authorizing the third party to incur election advertising expenses. (5) A local jurisdiction shall not register a third party if (a) the name or the abbreviation of the name of the applicant so nearly resembles the name or abbreviation of the name or a nickname of a candidate that is active anywhere in that local jurisdiction, in the local jurisdiction’s opinion, that confusion is likely, or (b) the proposed name was the name of a registered third party whose registration with the local jurisdiction was cancelled or whose name was changed since the last election. (5.1) No third party shall apply to the Registrar for registration under a name or the abbreviation of the name that so nearly resembles the name or abbreviation of the name or a nickname of a candidate that is active anywhere in the Province that confusion is likely. (5.2) The Registrar shall not register a third party if the proposed name was the name of a registered third party whose registration with the Registrar was cancelled or whose name was changed since the last election. (6) The following are not eligible to be registered in a register referred to in subsection (2): (a) a corporation that does not carry on business in Alberta; (b) an individual who is not ordinarily resident in Alberta; (c) a trade union or employee organization that is not an Alberta trade union or Alberta employee organization; (d) a group where any member of the group is ineligible under clause (a), (b) or (c); (e) a registered charity; (f) a prohibited corporation. (7) A local jurisdiction or the Registrar shall, as soon as possible after receiving an application, (a) determine whether the requirements set out in this section are met, (b) notify the individuals who signed the application whether the applicant is accepted for registration, and (c) in the case of a refusal to register, give reasons for the refusal. (8) When there is any change in the information required to be provided under this section, the registered third party shall notify any local jurisdiction with which it is registered or, if the third party is registered with the Registrar, the Registrar, in writing within 30 days after the alteration and, subject to section 164, on receipt of the notice a local jurisdiction or the Registrar shall vary the register of third parties accordingly. (9) A notice under subsection (8) may be sent by fax or e‑mail. 2018 c23 s56;2020 c22 s26;2024 c11 s1(77) Cancellation of registration 164 (1) The local jurisdiction or the Registrar, as applicable, may cancel the registration of a registered third party on application by the third party. (2) If the chief financial officer of a third party fails to file a report under section 180, an election advertising return or a report under section 182, the local jurisdiction or the Registrar, as applicable, may cancel the registration of the third party. (3) When the registration of a third party is cancelled, all funds in the advertising account must be dealt with in accordance with section 183. (4) If the registration of a third party is cancelled in accordance with this section, the third party shall (a) repealed 2020 c22 s27, (b) if the third party received advertising contributions for the purpose of election advertising or incurred election advertising expenses prior to the cancellation, file a report in accordance with section 180 and a return in accordance with section 182 for the general election, by‑election or vote on the question or bylaw to which the advertising contributions or election advertising expenses, as applicable, relate. 2018 c23 s56;2020 c22 s27 Election advertising expense limit 165 (1) During an election advertising period, no registered third party shall incur election advertising expenses that exceed, in the aggregate, the amounts determined by the regulations. (2) A third party shall not circumvent, or attempt to circumvent, a limit set out in this section in any manner, including by splitting itself into 2 or more third parties for the purpose of circumventing a limit or acting in collusion with another third party so that their combined election advertising expenses exceed a limit. (3) For greater certainty, for the purposes of this section, if election advertising is transmitted during an election advertising period, the expense incurred for that advertising is considered to be an election advertising expense, regardless of when it was incurred. (4) The chief financial officer of a registered third party shall prepare an election advertising expense limit report for the purposes of a return required to be filed under section 182 relating to third party advertising expenses in relation to election advertising. 2018 c23 s56 Collusion 166 (1) A registered third party shall not circumvent, or attempt to circumvent, a contribution limit or an expense limit set out in Part 5.1 or an expense limit set out in this Part by colluding with a candidate. (2) A candidate shall not collude with a third party to circumvent, or attempt to circumvent, a contribution limit or an expense limit set out in Part 5.1 or an expense limit set out in this Part. 2018 c23 s56 Restrictions on advertising contributions and expenses 167 (1) Subject to subsections (3) and (4), no advertising contribution shall be made by an individual, a corporation, a trade union or an employee organization to a third party or used to incur election advertising expenses unless (a) the third party to whom the advertising contribution is made is registered under section 163, or (b) the third party is not required to be registered under section 163. (2) No third party required to be registered under section 163 and no individual acting for a third party required to be registered under section 163 shall accept advertising contributions or incur advertising expenses unless the third party is registered under section 163. (2.1) No individual, corporation, trade union or employee organization shall make advertising contributions to any third party during an election advertising period that exceed, in the aggregate, $5000. (3) The following shall not make an election advertising contribution: (a) an individual ordinarily resident outside Alberta; (b) a prohibited corporation; (c) a trade union or employee organization that is not an Alberta trade union or Alberta employee organization; (d) a registered charity; (e) a group of which any member of the group is ineligible under clause (a), (b) or (c). (4) A third party shall not incur election advertising expenses in a total amount of $1000 or more if the third party is not eligible to be registered under section 163. (5) No third party shall, directly or indirectly, accept an election advertising contribution if the third party knows or ought to know that the contribution is made by an individual, organization or group referred to in subsection (3). (6) If the chief financial officer of a third party learns that an advertising contribution was accepted in contravention of this section, the chief financial officer shall, within 30 days after learning of the contravention, (a) if the third party is registered with a local jurisdiction, advise the local jurisdiction in writing of the fact and circumstances and return the contribution in accordance with the directions of the local jurisdiction, or (b) if the third party is registered with the Registrar, advise the Registrar in writing of the fact and circumstances and return the contribution in accordance with the directions of the Registrar. 2018 c23 s56;2020 c22 s28;2020 c38 s3;2024 c11 s1(78) Payments made by third party 168 Any money paid by a third party from its own funds for election advertising is an advertising contribution of the third party for the purposes of this Part. 2018 c23 s56;2020 c22 s29 Deposit of advertising contributions 169 (1) Advertising contributions for election advertising accepted by or on behalf of a registered third party shall be paid into the appropriate advertising account. (2) When any advertising contribution, other than money, accepted by or on behalf of a registered third party is converted at any time into money, that amount shall be paid into the appropriate advertising account. 2018 c23 s56;2020 c22 s30 Additional rules for groups 170 The following rules apply where a group wishes to make an advertising contribution to a third party or wishes to use funds collected to pay for advertising expenses: (a) an advertising contribution from funds collected from a group’s members may be attributed to its members only if (i) the amounts paid by its members were made on a voluntary basis, (ii) it was made explicit that the amounts being collected were for election advertising, and (iii) the names of the members who made the payments, and the amounts they each paid, are recorded by the group and, if applicable, provided to the third party; (b) a group other than a trade union or employee organization may make advertising contributions only from funds collected from its members in accordance with clause (a); (c) advertising contributions by a trade union or employee organization from funds collected from its members but not in accordance with clause (a) are deemed to be advertising contributions of the trade union or employee organization and cannot be attributed to its members; (d) amounts making up advertising contributions that are attributed to members under clause (a) are advertising contributions of those members for the purposes of this Part. 2018 c23 s56;2020 c22 s31 Valuing contributions other than money 171 (1) The value of advertising contributions, other than money, provided to a third party is the market value of the advertising contributions at that time. (2) If any real property, goods or services or the use of real property, goods or services is provided to a third party for a price that is less than the market value at that time, the amount by which the value exceeds the price is an advertising contribution for the purposes of this Part. 2018 c23 s56 Fund‑raising functions 172 (1) In this section, “fund‑raising function” includes any social function held for the purpose of raising funds for a third party required to be registered under section 163 by whom or on whose behalf the function is held. (2) The gross income from any fund‑raising function must be recorded by the chief financial officer of the third party that held the function or on whose behalf the function was held. (3) If a fund‑raising function is held by the sale of tickets by or on behalf of a third party, the amount of the advertising contribution is to be determined under clause (a) or under clause (b), at the option of the third party: (a) if the individual charge (i) is $50 or less, it is not considered to be an advertising contribution unless the individual who pays the charge specifically requests that it be so considered, in which case 1/2 of the amount is allowed for expenses and 1/2 is considered to be an advertising contribution, (ii) is more than $50 but not more than $100, $25 is allowed for expenses and the balance is considered to be an advertising contribution, and (iii) is more than $100, 25% of the amount is allowed for expenses and the balance is considered to be an advertising contribution; (b) the amount of the advertising contribution is the difference between the price of the ticket and the market value of what the ticket entitles the bearer to obtain.

(4) The price paid by an individual at a fund‑raising function in excess of the market value at that time for goods or services received is considered to be an advertising contribution to the third party. (5) This section does not apply to a fund‑raising function for purposes unrelated to election advertising. 2018 c23 s56;2020 c22 s32 Advertising contributions less than $50 173 (1) When, at a meeting held on behalf of or in relation to the affairs of a third party, money is given in response to a general collection of money solicited from the individuals in attendance at the meeting, individual amounts given of $50 or less shall not be considered to be advertising contributions, but the chief financial officer of the third party shall record the aggregate amount received. (2) Subsection (1) does not apply to funds raised for or on behalf of a third party for purposes unrelated to election advertising. 2018 c23 s56;2020 c22 s33 Loans 174 (1) A third party (a) may borrow money only from a financial institution, and (b) shall record all loans and their terms and shall report accordingly to, (i) if the third party is registered with a local jurisdiction, the local jurisdiction, or (ii) if the third party is registered with the Registrar, the Registrar. (2) Any payment in respect of a loan to which subsection (1) applies is considered an advertising contribution by the individual, corporation or group that made the payment unless that individual, corporation or group is reimbursed by the borrower prior to the filing by the borrower of the applicable advertising report or return next required to be filed pursuant to section 182. (3) This section does not apply to the borrowing of money by a third party for purposes unrelated to election advertising. 2018 c23 s56;2020 c22 s34 Anonymous contributions and unauthorized contributions 175 (1) Any anonymous advertising contribution in excess of $50 and any advertising contribution or portion of a contribution made in contravention of this Part accepted by a registered third party must not be used or expended, and the registered third party (a) shall return the advertising contribution or the portion, as the case may be, to the contributor if the contributor’s identity can be established, or (b) if the contributor’s identity cannot be established, shall pay an amount equivalent to the advertising contribution to, (i) if the third party is registered with a local jurisdiction, the local jurisdiction, or (ii) if the third party is registered with the Registrar, the Registrar. (2) Any amounts received by a local jurisdiction under subsection (1)(b)(i) must be paid into the local jurisdiction’s general revenue. (3) Any amounts received by the Registrar under subsection (1)(b)(ii) must be paid into the General Revenue Fund. 2018 c23 s56;2020 c22 s35 Contributions not belonging to contributor 176 (1) No individual, corporation, group, trade union or employee organization shall contribute to any third party that is registered or is required to be registered under section 163 funds not actually belonging to that individual, corporation, group, trade union or employee organization, or any funds that have been given or furnished to the individual, corporation, group, trade union or employee organization by any group or by a corporation, trade union or employee organization for the purpose of making an advertising contribution of those funds to the third party that is registered or is required to be registered under section 163. (2) No third party that is registered or is required to be registered under section 163 and no individual on its behalf shall solicit or accept any advertising contribution if the third party or individual knows or ought to know that the contribution is contrary to subsection (1). (3) If the chief financial officer learns that an advertising contribution received by or on behalf of the third party that is registered or is required to be registered for whom the chief financial officer acts was made contrary to subsection (1), the chief financial officer shall, within 30 days after learning of it, (a) if the third party is registered with a local jurisdiction, advise the local jurisdiction in writing of the fact and circumstances and return the advertising contribution in accordance with the directions of the local jurisdiction, or (b) if the third party is registered with the Registrar, advise the Registrar in writing of the fact and circumstances and return the advertising contribution in accordance with the directions of the Registrar. 2018 c23 s56;2020 c22 s36 Receipts 177 A third party shall issue receipts for every advertising contribution accepted by the third party in the form and manner approved by, (a) if the third party is registered with a local jurisdiction, the local jurisdiction, or (b) if the third party is registered with the Registrar, the Registrar. 2018 c23 s56;2020 c22 s37 Third party advertising expenses 178 (1) All election advertising expenses must be paid from the third party’s advertising account. (2) Every registered third party shall appoint a chief financial officer. (3) Every election advertising expense that is incurred by or on behalf of a registered third party must be authorized by its chief financial officer. (4) No advertising contribution shall be accepted by a registered third party otherwise than through the third party’s chief financial officer. (5) The chief financial officer may delegate a function described in subsection (3) or (4) to another individual, but the delegation does not limit the chief financial officer’s responsibility. (6) Subject to the requirements of this Part, a registered third party that operates an advertising account may transfer amounts from its election advertising account to the election advertising accounts of other registered third parties and any amounts transferred shall not be considered as advertising contributions for the purposes of this Part, but must be recorded as to source and amount. (7) Repealed 2020 c22 s38. (8) All election advertising expenses paid for by a third party from its advertising account must be recorded in its advertising report. 2018 c23 s56;2020 c22 s38 Identification of third parties 179 (1) A third party, or an individual acting on a third party’s behalf, must ensure that election advertising sponsored by the third party complies with the following in accordance with the guidelines of the Minister: (a) the election advertising must include the third party’s name and contact information and must indicate whether the third party authorizes the election advertising; (b) subject to clause (c), in the case of election advertising that is broadcast or is made through electronic media, the information referred to in clause (a) must be stated at the beginning of the election advertising; (c) in the case of election advertising transmitted to a telephone, whether in the form of a live call or an automated pre‑recorded call, (i) the telephone number of the third party must be capable of being displayed on the call display of called parties who subscribe to call display, and must not be blocked from being displayed, (ii) the name of the third party must be stated at the beginning of the election advertising, (iii) the election advertising must state whether the third party authorizes the election advertising, and (iv) the telephone number of the third party at which the third party can be contacted must be stated at the end of the election advertising. (2) The Minister shall establish guidelines respecting the requirements referred to in subsection (1). (3) The guidelines established under subsection (2) must be published on the Minister’s department’s website. (4) If election advertising is not in compliance with this section, (a) if the third party is registered with a local jurisdiction, the local jurisdiction may cause it to be removed or discontinued, or (b) if the third party is registered with the Registrar, the Registrar may cause it to be removed or discontinued. (5) In the case of election advertising displayed on a sign, poster or other similar format, no person acting on behalf of the local jurisdiction or the Registrar in accordance with this section is liable for trespass or damage resulting from or occasioned by the removal of that election advertising. 2018 c23 s56;2020 c22 s39 Disclosure of contributions for election advertising 180 (1) This section applies only to advertising contributions provided for the purpose of election advertising. (2) In addition to the report referred to in section 182, every registered third party who engages in election advertising shall file a report about advertising contributions received during the election advertising period, in the prescribed form, on or before March 1 in the year following a general election or, in the case of a by‑election or a vote on a question or bylaw, within 120 days after the by‑election or the vote on the question or bylaw, with, (a) if the third party is registered with a local jurisdiction, the local jurisdiction, or (b) if the third party is registered with the Registrar, the Registrar. (3) A report referred to in subsection (2) must set out (a) the total amount of all advertising contributions received during the election advertising period that did not exceed $250 in the aggregate from any single contributor, and (b) for each contributor who made advertising contributions during the election advertising period totalling more than $250, the total amount contributed, together with the contributor’s name and address and the amount and date of each advertising contribution. 2018 c23 s56;2020 c22 s40 181 Repealed 2020 c22 s41. Third party election advertising return 182 (1) On or before March 1 in the year after a general election, the chief financial officer of a third party registered under section 163 must file a third party election advertising return in respect of the election advertising period for that election. (1.1) On or before September 30 of a year in which a general election is to be held, the chief financial officer of a third party registered under section 163 must file a third party election advertising return in respect of the period beginning on May 1 and ending on July 31 of that year. (1.2) Within 120 days of the day on which a by‑election or a vote on a question or bylaw is held, the chief financial officer of a third party registered under section 163 shall file a third party election advertising return in respect of the relevant election advertising period. (2) A third party election advertising return referred to in subsection (1), (1.1) or (1.2) must (a) be in the prescribed form, (b) be filed, (i) in the case of a third party registered with a local jurisdiction, with the local jurisdiction, or (ii) in the case of a third party registered with the Registrar, with the Registrar, and (c) include the following information for the applicable period: (i) a financial statement; (ii) a list of all advertising contributions received, including, in respect of each contributor that made election advertising contributions totalling more than $250, (A) the contributor’s name and address, and (B) the amount and date of each election advertising contribution made by that contributor; (iii) an election advertising expense limit report referred to in section 165(4); (iv) the time and place of the broadcast or publication of the advertisements to which the election advertising expenses relate; (v) any supporting information and documents relating to the election advertising return. (3) If a registered third party has not incurred election advertising expenses, that fact must be indicated in its election advertising return. (4) A chief financial officer shall provide the original of any bill, voucher or receipt for an election advertising expense of more than $50 at the request of, (a) if the third party is registered with a local jurisdiction, the local jurisdiction, or (b) if the third party is registered with the Registrar, the Registrar. (5) The Minister may issue guidelines relating to the preparation and contents of the election advertising return referred to in this section and shall publish any guidelines on the Minister’s department’s website. (6) A local jurisdiction or the Registrar, as the case may be, must ensure that all documents filed under this section are made publicly available on the local jurisdiction’s or Registrar’s website as soon as practicable in a partial or redacted form as necessary to ensure that the following information is not disclosed: (a) an address provided for a contributor, except the portion of the address that names a municipality or a province; (b) any other contact information not required by this section but included on a document filed with a local jurisdiction. 2018 c23 s56;2020 c22 s42;2025 c7 s9 Disposition of advertising account funds 183 (1) Subject to subsection (2), any funds held by a registered third party in its election advertising account with respect to an election advertising period shall continue to be held in the election advertising account to be expended for election advertising during a subsequent election advertising period. (2) If a registered third party decides not to expend funds for election advertising during the next election advertising period for a general election or does not engage in election advertising during the next election advertising period for a general election, the registered third party shall, within 6 months after that period, deal with the funds remaining in the election advertising account in accordance with subsection (4). (3) Repealed 2020 c22 s43. (4) Funds remaining in the advertising account referred to in subsection (2) must be dealt with in one or more of the following ways: (a) by transferring the funds in accordance with section 178; (b) by donating the funds to a registered charity; (c) by returning the funds to the third party’s contributors if they can be identified; (d) if the funds or any portion of the funds cannot be dealt with in accordance with clauses (a) to (c), by paying the funds or that portion of the funds, as the case may be, (i) if the third party is registered with a local jurisdiction, to the local jurisdiction to become the property of the local jurisdiction, or (ii) if the third party is registered with the Registrar, to the Registrar to be transferred to the General Revenue Fund. (5) A registered third party to which subsection (2) applies shall notify the local jurisdiction or the Registrar, as applicable, of its decisions under this section and shall apply to the local jurisdiction or the Registrar under section 164 to cancel its registration. (6) The chief financial officer of a registered third party that has not dealt with the funds remaining in the advertising account referred to in subsection (2) shall, until such time as the funds have been disposed of completely, file an election advertising return on or before March 1 of each year with, (a) if the third party is registered with a local jurisdiction, the local jurisdiction, or (b) if the third party is registered with the Registrar, the Registrar. 2018 c23 s56;2020 c22 s43 Late filing fee 184 (1) In this section, “filing deadline” means the day by which a report and return under this Part are required to be filed with a local jurisdiction or the Registrar. (2) A third party that is required to file a report and return under this Part and fails to file that report or return by the filing deadline must pay a late filing fee of $500 to, (a) if the third party is required to file a report and return with a local jurisdiction, the local jurisdiction, or (b) if the third party is required to file a report and return with the Registrar, the Registrar. (3) A local jurisdiction or the Registrar, as applicable, shall not cancel the registration of the third party under section 164(2) if the report or return is filed no later than 30 days after the filing deadline. (4) The third party and the chief financial officer of the third party are jointly and severally liable for payment of the fee referred to in subsection (2). (5) If the late filing fee is not paid within 30 days after the date the fee was payable, a local jurisdiction or the Registrar, as applicable, shall send a notice to the third party and the chief financial officer referred to in subsection (4) indicating the amount of the late filing fee that is required to be paid. (6) If the third party and the chief financial officer who are sent notices by a local jurisdiction or the Registrar under subsection (5) fail to pay the late filing fee set out in the notice, the local jurisdiction or the Registrar, as applicable, may file a copy of the notice with the clerk of the Court of King’s Bench, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. 2018 c23 s56;2020 c22 s44;AR 217/2022 Records 185 A registered third party shall retain all of the records of that registered third party for a period of 3 years following the date on which the financial statements, returns or reports required under this Act for the period to which the records relate are required to be filed. 2018 c23 s56 Prosecution 186 A prosecution under this Part may be commenced within 3 years of the commission of the alleged offence but not afterwards. 2018 c23 s56 Third party election advertising offences 187 A third party that contravenes a provision of this Part is guilty of an offence and liable to a fine not exceeding (a) $10 000 if the third party is an individual; (b) $100 000 if the third party is a trade union, employee organization, corporation or other organization. 2018 c23 s56 Regulations 188 The Minister may make regulations determining election advertising expense limits for the purpose of section 165. 2018 c23 s56 Transitional — political advertising 188.1 (1) In this section, (a) “political advertising” means political advertising as defined in section 162 of the Local Authorities Election Act as it read on August 31, 2020; (b) “political advertising account” means the account on record with the local jurisdiction for the purpose of accepting advertising contributions for political advertising and for the payment of advertising expenses for political advertising on September 1, 2020. (2) Subject to the requirements of this Part, a registered third party that operates a political advertising account shall, no later than May 1, 2021, deal with any funds remaining in that account in one or more of the following ways: (a) by donating the funds to a registered charity; (b) by returning the funds to the third party’s contributors if they can be identified; (c) if the funds or any portion of the funds cannot be dealt with in accordance with clause (a) or (b), by paying the funds or that portion of the funds, as the case may be, to the local jurisdiction with which the registered party is registered to become the property of the local jurisdiction. 2020 c22 s45 189 Repealed 2020 c22 s46. Part 9 Election Commissioner Interpretation 190 (1) In this Part, “Election Commissioner” means the Election Commissioner as defined in the Election Act . (2) The definitions in Parts 5.1 and 8 apply to this Part. 2018 c23 s56;2019 c15 s27 Duties and powers of the Election Commissioner 191 (1) The Election Commissioner may, on the Election Commissioner’s own initiative or at the request of another person or organization, conduct an investigation into any matter that might constitute an offence under Part 5.1 or 8. (2) For the purpose of conducting an investigation under this Act, the Election Commissioner has all the powers of a commissioner under the Public Inquiries Act as though the investigation were an inquiry under that Act. (3) For the purpose of conducting an investigation under this Act, a representative of the Election Commissioner, on production of the representative’s authorization from the Election Commissioner, may at any reasonable time enter any premises referred to in the authorization in which books or documents of a candidate or third party relevant to the subject‑matter of the investigation are kept and may examine and make copies of the books or documents or remove them temporarily for the purpose of making copies. (4) Before entering a private dwelling or a part of premises used as a private dwelling to carry out the powers described in subsection (3), a representative of the Election Commissioner shall (a) obtain the consent of the occupant or the legal representative of the occupant of the private dwelling or the part of the premises used as a private dwelling, or (b) obtain an order from the Court. (5) A candidate or third party shall, within 30 days after receiving a written request from the Election Commissioner or within an extended period that the Election Commissioner may determine, provide any information with respect to the affairs of the candidate or third party that is reasonably required by the Election Commissioner in the course of the Election Commissioner’s duties under this Act. 2018 c23 s56 Notice of investigation and conclusion 192 (1) At any time before completing an investigation referred to in section 191(1), the Election Commissioner shall notify any person or organization who is the subject of an investigation that the person or organization is being investigated and the nature of the matter being investigated before completing the investigation, unless the Election Commissioner believes that notification would compromise or impede the investigation. (2) The Election Commissioner may refuse to conduct an investigation, or may cease an investigation, if the Election Commissioner believes that (a) the matter is frivolous or vexatious, or (b) there are no or insufficient grounds to warrant an investigation or the continuation of an investigation. (3) The Election Commissioner shall not make an adverse finding against a person or organization unless that person or organization has had reasonable notice of the substance of the allegations and a reasonable opportunity to present his or her or its views. (4) If the Election Commissioner refuses to conduct or ceases an investigation under subsection (2) or determines that no offence was committed, the Election Commissioner (a) shall provide notice of that decision to (i) every person or organization who (A) is the subject of the investigation, or (B) would have been the subject of an investigation if the Election Commissioner had not refused to conduct an investigation, and (ii) every person or organization who requested an investigation, if any, and (b) may, as the Election Commissioner considers to be appropriate, provide notice of that decision to any other person or organization involved in the matter referred to in section 191(1). 2018 c23 s56 Administrative penalties 193 (1) In subsections (2) and (3) and section 195, “individual or entity” means the individual, corporation, trade union, employee organization, prohibited organization, prohibited corporation, local jurisdiction or third party, as the case may be, on whom a notice of administrative penalty or letter of reprimand is served under this section. (2) If the Election Commissioner is of the opinion that (a) an individual has made one or more contributions in excess of a limit prescribed by section 147.2(2), (a.1) an entity has made one or more contributions in excess of a limit prescribed by section 147.2(3), (b) a prohibited individual or entity has made a contribution in contravention of section 147.2(1), (c) an individual or entity or a third party fails to comply with a direction of the Election Commissioner, (c.1) an individual, a corporation, a trade union or an employee organization has made one or more advertising contributions in excess of the limit referred to in section 167(2.1), (d) a prohibited corporation, an individual ordinarily resident outside Alberta or a trade union or employee organization that is not an Alberta trade union or Alberta employee organization has made an election advertising contribution in contravention of section 167(3), or (e) an individual, a prohibited individual or entity or a third party has contravened a provision of Part 5.1 or 8, otherwise than as referred to in clause (a), (a.1), (b) or (d), the Election Commissioner may serve on the individual or entity either a notice of administrative penalty requiring the individual or entity to pay to the Crown the amount set out in the notice, or a letter of reprimand. (3) A notice of administrative penalty must contain the following information: (a) the name of the individual or entity required to pay the administrative penalty; (b) the particulars of the contravention; (c) the amount of the administrative penalty and the date by which it must be paid; (d) a statement of the right to appeal the imposition or the amount of the administrative penalty to the Court of King’s Bench. (4) In determining the amount of an administrative penalty required to be paid or whether a letter of reprimand is to be issued, the Election Commissioner must take into account the following factors: (a) the severity of the contravention; (b) the degree of wilfulness or negligence in the contravention; (c) whether or not there were any mitigating factors relating to the contravention; (d) whether or not steps have been taken to prevent reoccurrence of the contravention; (e) whether or not the individual or entity has a history of non‑compliance; (f) whether or not the individual or entity reported the contravention on discovery of the contravention; (g) any other factors that, in the opinion of the Election Commissioner, are relevant. (5) The amount of an administrative penalty that may be imposed under subsection (2) must not exceed (a) in the case of a contravention referred to in subsection (2)(a), (a.1) or (c.1), twice the amount by which the contribution or contributions exceed the limit prescribed by section 147.2(2) or (3) or 167(2.1) and in no case may the amount of the administrative penalty exceed $10 000 for each contravention, (b) in the case of a contravention of section 147.2(1) or 167(3), twice the amount that was contributed in contravention of that provision, and in no case may the amount of the administrative penalty exceed $10 000 for each contravention, (c) in the case of a contravention referred to in section 147.4, $1000, (d) in the case of a contravention referred to in section 187, (i) $10 000 if the third party is an individual, and (ii) $100 000, if the third party is a trade union, employee organization, corporation or other organization, and (e) in the case of any other contravention, $10 000. (6) An individual or entity who pays an administrative penalty in respect of a contravention shall not be charged under this Act with an offence in respect of the same contravention that is described in the notice of administrative penalty. (7) An individual or entity who has been served with a notice of administrative penalty shall pay the amount of the administrative penalty within 30 days from the date of service of the notice. (8) Subject to the right to appeal, where an individual or entity fails to pay the administrative penalty in accordance with a notice of administrative penalty, the Election Commissioner may file a copy of the notice of administrative penalty with the clerk of the Court of King’s Bench, and on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. 2018 c23 s56;2020 c38 s4;AR 217/2022;2024 c11 s1(79) Time limit 194 (1) A letter of reprimand or a notice of administrative penalty may not be served more than 3 years after the date on which the alleged contravention occurs. (2) A disclosure under section 203(3)(a) may be made with respect to an alleged contravention that occurred before the coming into force of this section, but may not be made with respect to an alleged contravention that occurred more than 3 years before the coming into force of this section. 2018 c23 s56 Appeal of administrative penalty 195 (1) An individual or entity who is served with a notice of administrative penalty under section 193 may appeal the Election Commissioner’s decision by filing an application with the Court of King’s Bench within 30 days from the date the notice was served. (2) The application must be accompanied with a copy of the notice of administrative penalty and state the reasons for the appeal. (3) A copy of the application must be served on the Election Commissioner not less than 30 days before the appeal is to be heard. (4) The Court of King’s Bench may, on application either before or after the time referred to in subsection (1), extend that time if it considers it appropriate to do so. (5) On hearing the appeal, the Court of King’s Bench may confirm, rescind or vary the amount of the administrative penalty. 2018 c23 s56;AR 217/2022 Compliance agreements 196 (1) In this Part, “contracting party” means an individual or a local jurisdiction with whom the Election Commissioner enters into a compliance agreement under this Act. (2) If the Election Commissioner believes on reasonable grounds that an individual or a local jurisdiction has committed, is about to commit or is likely to commit an act or omission that could constitute a contravention of Part 5.1 or 8, the Election Commissioner may enter into a compliance agreement with that individual or local jurisdiction for the purpose of ensuring compliance with Part 5.1 or 8. (3) A compliance agreement may contain any terms and conditions that the Election Commissioner considers necessary to ensure compliance with Part 5.1 or 8. (4) Before entering into a compliance agreement, the Election Commissioner shall require the consent of the prospective contracting party to the publication of a notice under section 199. (5) A compliance agreement may include a statement by the contracting party that the contracting party admits responsibility for the act or omission that constitutes a contravention of Part 5.1 or 8. (6) The fact that a compliance agreement was entered into, and any statement referred to in subsection (5), is not admissible in evidence against the contracting party in any civil or criminal proceedings. (7) When a compliance agreement is entered into, a prosecution of the contracting party for an act or omission that led to the agreement shall not be instituted and any prosecution already instituted is suspended. (8) The Election Commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the Election Commissioner or contracting party at any time before it is fully executed. 2018 c23 s56 Notice of compliance agreement 197 (1) When, in the opinion of the Election Commissioner, the compliance agreement has been complied with, the Election Commissioner shall give a notice to that effect to the contracting party. (2) On the giving of a notice under subsection (1), any prosecution of the contracting party that is based on the act or omission in question terminates and no further prosecution shall be instituted based on that act or omission. 2018 c23 s56 Failure to comply 198 If the Election Commissioner is of the opinion that a contracting party (a) failed to disclose all material facts when the compliance agreement was entered into, or (b) has failed to comply with a term of the compliance agreement, the Election Commissioner shall give notice of the failure to the contracting party, informing the contracting party that the Election Commissioner may serve a notice of administrative penalty or a letter of reprimand under section 193, or may consent to a prosecution in respect of the original act or omission or, if a prosecution has been suspended by section 196(7), that those proceedings are no longer suspended. 2018 c23 s56 Publication of notice 199 The Chief Electoral Officer may publish a notice on the Chief Electoral Officer’s website that sets out the contracting party’s name, the act or omission in question and a summary of the compliance agreement. 2018 c23 s56;2019 c15 s27 Application for injunction 200 (1) If the Election Commissioner has reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to Part 5.1 or 8, the Election Commissioner may, during a campaign period or an election advertising period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply by originating application to the Court for an injunction described in subsection (2). (2) If the Court, on application by the Election Commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the Court may issue an injunction ordering any person named in the application to do one or both of the following: (a) refrain from committing any act that appears to the Court to be contrary to Part 5.1 or 8; (b) do any act that appears to the Court to be required by Part 5.1 or 8. (3) No injunction may be issued under subsection (2) unless at least 48 hours’ notice is given to each person named in the application, or the urgency of the situation is such that service of notice would not be in the public interest. 2018 c23 s56 Election Commissioner’s orders 201 (1) Where a contribution or an advertising contribution has been made or accepted in contravention of this Act, the Election Commissioner may order that the amount of the contribution or advertising contribution that was made or accepted in contravention of this Act be returned to the contributor by a date determined by the Election Commissioner. (2) If it cannot be determined who made the contribution or advertising contribution that was made or accepted in contravention of this Act, the amount ordered under subsection (1) must be paid to the local jurisdiction or, if the contribution was made to or accepted by a third party that is registered with the Registrar, to the Registrar. (3) A person who fails to comply with an order of the Election Commissioner made under this section is guilty of an offence and liable to a fine of not more than $5000. 2018 c23 s56:2020 c22 s47 Notice of prosecution 202 No prosecution shall be instituted under Part 5.1 or 8 without the consent of (a) the Election Commissioner before the coming into force of section 153.093(1) of the Election Act , or (b) the Chief Electoral Officer under the Election Act after the coming into force of section 153.093(1) of that Act. 2018 c23 s56;2019 c15 s27 Disclosure 203 (1) Except as provided in subsection (2), a secretary of a local jurisdiction, a returning officer, the Registrar, the Election Commissioner, any former secretary of a local jurisdiction, any former returning officer, any former Registrar, any former Election Commissioner, every person who is or was employed or engaged by a local jurisdiction, a returning officer or the Registrar to carry out the duties of the local jurisdiction, returning officer or Registrar and every person who was employed or engaged by the Office of the Election Commissioner to carry out the duties of the Election Commissioner 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 (a) disclosed by a local jurisdiction, a returning officer or the Registrar to the Election Commissioner for the purpose of carrying out the Election Commissioner’s powers, duties and functions under this Act, (b) disclosed by the Election Commissioner to a local jurisdiction, a returning officer or the Registrar for the purposes of carrying out the local jurisdiction’s, returning officer’s or Registrar’s powers, duties and functions under this Act, (c) disclosed to the person or organization whose conduct is the subject of proceedings under this Act, (d) disclosed by a person conducting an investigation to the extent necessary to enable that person to obtain information from another person, (e) disclosed in the course of an application to the Court under this Act, (f) adduced in evidence at an inquiry, or (g) disclosed where the Election Commissioner believes on reasonable grounds that the disclosure is necessary for the purpose of advising the Minister of Justice or a law enforcement agency of an alleged offence under this Act, any other enactment of Alberta, an Act or regulation of Canada or a municipal bylaw or school board bylaw. (3) Findings and decisions, and any additional information that the Election Commissioner considers to be appropriate, shall be published on the Chief Electoral Officer’s website in the following circumstances: (a) subject to section 194(2), if an administrative penalty is imposed or a letter of reprimand is issued under section 193; (b) if the Election Commissioner has provided notice under section 192(4) and receives a written request for disclosure from a person or organization who received the notice. 2018 c23 s56;2019 c15 s27;2020 c22 s48;2022 c21 s52 Duty to provide documents or information 204 (1) On the request of the Election Commissioner, a local jurisdiction, a returning officer or the Registrar shall disclose to the Election Commissioner any document or information that the local jurisdiction, returning officer or Registrar obtained under this Act that the Election Commissioner considers necessary for the purposes of carrying out his or her powers, duties and functions under this Act. (2) On the request of a local jurisdiction, a returning officer or the Registrar, the Election Commissioner shall disclose to the local jurisdiction, returning officer or Registrar any document or information that the Election Commissioner obtained under this Act that the local jurisdiction, returning officer or Registrar considers necessary for the purposes of carrying out his or her powers, duties and functions under this Act, unless the Election Commissioner believes that notification would compromise or impede an investigation. 2018 c23 s56;2020 c22 s49 Duty to refer complaints and allegations and to report acts or omissions 205 A local jurisdiction, a returning officer or the Registrar shall, within a reasonable time, (a) refer any complaint or allegation received by the local jurisdiction, returning officer or Registrar under Part 5.1 or 8 to the Election Commissioner, and (b) report any act or omission that in the local jurisdiction’s, returning officer’s or Registrar’s opinion likely constitutes an offence under Part 5.1 or 8 to the Election Commissioner. 2018 c23 s56;2020 c22 s50 absence from voting district. See also special ballots residence rules, 47–48 absence from work for employee’s voting offences and penalties for failure to provide, 155 time period, 58 acclamation declaration by returning officer, 14(1)(g), 34(1) election by, 34 elector's right to contest election by, 126(2)(b) inspection of nomination papers, 34(3) notice to Minister of persons elected, 34(2) organizational meeting before general election, 10(2) term of office, 10(3) accounts, campaign. See campaign accounts Act. See Local Authorities Election Act An Act to Renew Local Democracy in Alberta , 147.91 action limitation on action for bribery or undue influence, 124 against returning officer or deputy for invalid election, 139(2) adult interdependent partner. See spouse or adult interdependent partner advance vote, 73–75 defined advance vote, 1(a) advertising distribution on election day, offences and penalties, 152 alternative voting equipment, prohibited, 84 assistance for elector with disability to vote at home, 79 ballot boxes for, 75 (2)–(3) campaigning on election day, offences and penalties, 152.1 counting of votes, 85–85.1 election day, restrictions on time before, 73(5) institutional voting stations in seniors' accommodations, 80(4) Minister’s orders, 73(7) notice of, 74, 158.1 procedures for, 5, 73 requirement for municipalities exceeding specific population, 73(3)–(4), 73(7) resolution to hold, 73(1) returning officer to determine days and hours, 73(6) special ballots, 77.1–77.3 voting stations, 75 advertising defined in definition of campaign expense, 147.1(1)(a) advertising distribution on election day, offences and penalties, 152 ballot facsimile, offences and penalties, 148(5) ballot form, prohibition, 148(5)–(7) methods of notification under MGA, 158.1 notice of advance vote, 74, 158.1 notice of election day, 35, 158.1 notice of nomination day by, 26, 158.1 advertising, third party defined advertising account, 162(1)(a) advertising contribution, 162(1)(b) advertising expense, 162(1)(c) election advertising, 162(1)(d), 162(3)–(4) election advertising period, 162(1)(e) expenses, 162(1)(g) filing deadline, 184(1) fund-raising function, 172(1) group, 162(1)(h) political advertising, 162(1)(i), 188.1(1)(a) political advertising account, 188.1(1)(b) prohibited corporation, 162(1)(j) registered third party, 162(1)(k) Registrar, 162(1)(k.1) services, 162(2) third party, 162(1)(l) administrative penalties, 193–195 advertising identification of parties on, 179 removal of non-compliant advertising, 179(4) advertising account chief financial officer’s authorization of acceptance of contributions to, 178(2)–(5) disposition of funds, 183 non-monetary contributions converted into money, 169(2) payments by third parties into, 168–169 payments of expenses from, 178(2)–(5) transfers between accounts, 178(6) chief financial officers appointment of, 178(2) authorization of advertising expenses and contributions, 178(3)–(5) authorization of expenses and contributions, 178(3)–(5) disposition of advertising account funds, 183 election advertising return, 182 late filing fee, 184 records retention, 185 third party election advertising return, 182, 183 contributions not belonging to contributor, 147.24, 176 fund-raising functions, 172 liability for removal of, 179(5) Minister guidelines, 162(7), 179 guidelines for return, 182(5) publications on website, 162(7) regulations, 165, 188 offences and penalties, 187, 193–195, 201 records retention, 185 Registrar applications for registration, 162.3(1.1–1.3) appointment of, 162.1 cancellation of registration, 164 defined, 162(1)(k.1) denial of registration, 163(5)–(5.2) disclosure, 203–204 duty to refer complaints and report acts or omissions, 205 late filing, 184 notice by third parties of changes to information, 163(8)–(9) notice of refusal with reasons, 163(7) processing of applications, 163(7) register of third parties, 163(2)–(3) third party election advertising return, 182 website, 182 restrictions on contributions and expenses, 167 returns and reports, 180–184 disposition of advertising account funds, 183 election advertising contribution report, 180 expense payments from advertising account, 178(8) filing deadline, 184(1) late filing fee, 184 records retention, 185 third party election advertising return, 182 third party registration, 163 application form contents, 163(3) cancellation, 164, 183, 184(3) denial of registration, 163(5)–(5.2) governing body resolutions to approve registration, 163(4) with local jurisdiction and the Registrar, 163(2) notice by third parties of changes to information, 163(8)–(9) notice of refusal with reasons, 163(7) processing of applications, 163(7) public inspection of register, 163(2.1) with Registrar, 162.3(1.1–1.3) when to register, 163(1) third party registration, cancellation disposition of advertising account funds, 183 failure to file advertising election return or report, 164(2) filing of reports, 164(4) funds, 164(3) late filing, 184(3) by local jurisdiction, 164(2) by third party, 164(1) third party registration, ineligible for ineligible parties, 163(6) transitional provisions for political advertising, 188.1 advertising contributions defined advertising contribution, 162(1)(b), 162(2) defined, exclusions from definition services for work without charge related to Act, 162(2)(b)–(c) volunteer labour, 162(2)(a) acceptance of contributions by chief financial officer, 178(4) administrative penalties, 193–195 amounts less than $50, aggregate amounts, 173 anonymous and unauthorized contributions, 175 contributions not belonging to contributor, 147.24, 176 groups, additional rules for, 170 loans for, 174 offences and penalties, 187, 193–195, 201 receipts, 177 valuing contributions other than money, 171 advertising, election. See also advertising, third party defined election advertising, 162(1)(d), 162(3)–(4) defined, exclusions from advertising contribution definition advertising by local jurisdiction, 162(1)(d)(vi) advertising in jurisdictions without elections, 162(1)(d)(vii) book promotions, 162(1)(d)(ii) communications with group members, 162(1)(d)(iii) non-commercial communication of views of individuals, corporations, or groups, 162(1)(d)(iv) telephone calls to encourage voting, 162(1)(d)(v) administrative penalties, 193–195 advertising identification of third parties on, 179 removal of non-compliant advertising, 179(4) authorization of expenses by chief financial officer, 178(3)–(5) election advertising reports, 180 expense limits bylaw on, 147.91(2) circumvention of expense limits, 165(2), 166 collusion to circumvent, 166 expense limit report, 165(4) period when expense incurred, 165(3) regulations for, 165(1), 188 Minister guidelines for identification of third parties, 179 guidelines for third party election advertising return, 182(5) regulations on expense limits, 147.91, 165, 188 offences and penalties, 187, 193–195, 201 organizing events included in, 162(3)–(4) payments by third party, 168–169 restrictions on contributions and expenses, 167 third party election advertising return, 182 advertising, political. See also advertising, third party defined political advertising, 162(1)(i), 188.1(1)(a) political advertising account, 188.1(1)(b) defined, exclusions from definition advertising by local jurisdiction, 162(1)(i)(vi) advertising in jurisdictions without elections, 162(1)(i)(vii) book promotions, 162(1)(i)(ii) communications with group members, 162(1)(i)(iii) editorials, debates, speeches, interviews, columns, letters, commentaries, or news, 162(1)(i)(i) non-commercial communication of views of individuals, corporations, or groups, 162(1)(i)(iv) telephone calls to encourage voting, 162(1)(i)(v) transitional provisions, 188.1 affidavit application for judicial recount, 103–104 application to contest election, 127, 129 controverted election hearing, 137(1) on disposition of election material, 101 for questions of bribery or undue influence, 119 affirmation. See oaths; statements age requirement for bylaw scrutineers, 70(2) for candidate's scrutineers, 69(1) of elector, 47(1)(a) of elector in summer village, 12(b)(ii–iii) of friend or relative of elector with disability at voting station, 78(3) agents. See official agents agreements bribery offences, 116 compliance agreements, 196–199 Alberta employee organizations. See also employee organizations defined, 1(a.1) Alberta Housing Act , 1(y)(i), 1(z.2) Alberta Rules of Court , 123(1)(b) Alberta Senate Election Act , 11(3) Alberta trade union. See also trade unions defined, 1(a.2) alternative voting equipment, prohibited, 84 anonymous campaign contributions, 22(1.4), 23.1, 147.23, 175 Appeal, Court of.

See Court of Appeal appointment of bylaw scrutineers, 70(1) of constables, 14(1)(a), 15 of deputy returning officers, 14 of deputy returning officers for institutional voting stations, 80(3)–(4) improper appointments, offences and penalties, 154 of official agents, 68.1 of peace officers, 14(1)(a) of presiding deputy returning officers, 14(1)(a) of returning officers, 13 of substitute constables, 18 of substitute returning officers, 13 area defined, 1(b) assistance for electors. See disability, elector with physical; elector assistance at home; elector assistance at voting station assisted living facility. See also institutional voting station in definition of supportive living facility, 1(z.2) institutional vote, 80(2), 80(4) auditor ineligible as election candidate, 22(1) automated voting systems alternative voting equipment, prohibited, 84 auxiliary hospital. See institutional voting station ballot. See also ballot account; ballot box; ballot packets; special ballots defined spoiled ballot, 1(z), 65 alternative voting equipment, prohibited, 84 ballot packet contents, 91 ballot packet sealing, 92 bylaw vote, form and wording, 44 contents of, 43 controverted election, production of election materials, 134 declined ballots, 66 deemed voting, 64 defacement of, void ballots, 86(1)(c)–(d) display of marked, prohibition and penalties, 150(8)–(9) disposal of marked ballot, 63 disposition of election materials, 101 elector identified on, void ballots, 86(1)(c)–(d) elector with disability at voting station, 78 entry in elector register for ballot receipt, 59 explanation by deputy of voting method to electors, 61 explanatory notes on ballots, 42(3)–(4) facsimile of, prohibition and penalties, 148(5), 148(7), 150(5) form and content of, 43(3) fraudulent removal, prohibition and penalties, 148(1)(c), 148(7) fraudulent request, prohibition and penalties, 148(2)(a), 148(7) initialling of ballot by deputy, 60, 63 initials not present, void ballot, 86(1)(a) interpreter for language other than English, 72 local political party information, 158.3(3) marking by elector, 62 names on ballots, 42–43 objections to, 86(2), 87 order for inspection of, 102 packets of ballots, interference, prohibition and penalties, 148(1)(d), 148(7) printing of, 41 rejected ballots, 86(2) removal of ballots, prohibition, 68 secrecy of vote, 55, 56, 67(3) securing election documents, 93 spoiled ballot replacement, 65 supply and delivery, 14(1)(d) taking out of voting station, prohibition and penalties, 148(1)(c), 148(7) unauthorized supply, prohibition and penalties, 148(1)(a), 148(7) void ballots, 86 ballot account contents of, 88(1)–(2) delivery of, 100 delivery of ballot box and ballot account, 94 disposition of, 101 inspection of, 100 lost or destroyed ballot box, 110(3) recount by returning officer, 98–98.2 signatures, 89 ballot box. See also counting of votes; recount by returning officer; recount by judicial order at advance voting stations, 75(2)–(3) construction of, 39(2) counting of votes, 85–85.1 declined ballots by elector, 66 deemed voting, 64 delivery of, 14(1)(d), 39(1) delivery of ballot box and ballot account, 94 deposit of ballots in, 63(2)–(2.1) display and sealing, 40 disposition of election materials, 101 for elector with disability voting at home, 79(6) at institutional voting station, opening after close of vote at, 82(1) interference with, prohibition and penalties, 148(1)(b), 148(1)(d), 148(7) lost or destroyed boxes, 110(3) regulations for standards for, 159(2)(b) seal on, 40, 75(3) securing election documents, 93 for special ballots, 77.21 supply of, 14(1)(d) ballot packets contents, 91 interference with, prohibition and penalties, 148(1)(d), 148(7) sealing, 92 bargaining, collective. See employee organizations; trade unions blind elector alternative voting equipment, prohibited, 84 blind elector template, 78(4.1)–(5) voting at home, 79 voting at voting station, 78 board of trustees. See trustees book promotions not in definition of election advertising, 162(1)(d) boundaries voting subdivisions, 36 bribery defined, 1(c), 116 action for, limitation, 124 actions constituting offences, 116 evidence of, 119 forfeiture of elected office, 120 judge's report to secretary, 122 penalties for, 121 recovery of penalties, 125 by-election defined by-election, 1(d) campaign period, 147.1(1)(b) election advertising period for third parties, 162(1)(e) campaign deficit, 147.4, 147.52, 147.84 campaign disclosure statement, 147.4 campaign surplus, 147.5, 147.53, 147.84 election day for, 11 election results, number of votes, 95 Ministerial powers, 6 nomination day, 25 register of candidates, 147.221 in summer villages, 12 third party election advertising return, 182 transitional provisions, 158.2 bylaws. See also bylaw scrutineers; voting on bylaw or question defined, 1(e) bylaw scrutineers, 70–71 Ministerial powers, 6, 160(2) notice of advance vote, 74 notice of vote on, 35 recount by judicial order, 103–110, 112–115 recount by returning officer, 98–98.2 resolutions on election days, 11 resolutions on, in summer villages, 12 validity of, 161 bylaws, matters on ballot contents, 43 campaign expense limits, 147.91(2) criminal record check, 21.1 death of candidate, 33 election days, 11 elector assistance terminal, 84.1(2)–(4), 84.1(6) elector eligibility, proof, 53(1), 53(3)(a) elector eligibility, repeals, 53.011 nomination deposits, 27(1)(d), 28(4)(d), 29–30 notice of advance vote, 158.1 notice of election day, 158.1 notice of nomination day, 158.1 permanent electors register, 49 voting hours, 46 bylaw scrutineers, 70–71 defined scrutineers, 1(w.1) advertising on election day, offences and penalties, 152 age requirement for, 70(2) appointment of, 70(1) as authorized persons at voting stations, 67 ballot account signatures by, 89 ballot objections by, 87 counting of votes, attendance, 85–85.1 elector with disability, scrutineers not to attend vote by, 78(6) ineligibility for convictions under elections acts, 70(2.1) not more than one scrutineer for each side at same time, 70(3) not to be impeded in duties, 70(6) observation locations, 70(4) provision of prescribed forms to candidates, 28.1 recount by judicial order, 106(1), 108(3) recount by returning officer, 98–98.2 regulations for identification of, 159(2)(c) secrecy violations, prohibition and penalties, 150 special ballot electors list provided to, 77.1(4) statement of office, 16(2), 70(5), 71 validity in presence of, 69(6) campaigns accounts ( See campaign accounts ) campaign disclosure statement ( See campaign disclosure statement ) contributions ( See campaign contributions ) contributors ( See campaign contributors ) expenses ( See finances and contributions disclosure ) offences and penalties ( See Election Commissioner; finances and contributions disclosure ) third party advertising ( See advertising, third party ) transitional provisions ( See transitional provisions ) campaign accounts campaign deficits, 147.52, 147.53, 147.84 campaign disclosure statements, 147.4 campaign surplus, 147.5, 147.53, 147.84 deposits of contributions, 147.3(1)(b) transfers between local political parties and endorsed candidates, 147.25 use for campaign expenses, 147.3(1)(c) when to open, 147.3(1)(a) campaign contributions, 147.1–147.24. See also Election Commissioner; finances and contributions disclosure; transitional provisions defined contribution, 147.1(1)(c) expense incurred, 147.1(5) acceptance of contributions by candidates, 147.22 administrative penalties, 193–195, 201 anonymous contributions, 22(1.4), 23.1, 147.23, 175 campaign disclosure statements, 147.4 candidate’s own funds limitations, 147.2 offences and penalties, 147.82 to reduce campaign deficit, 147.52, 147.84 contributions not belonging to contributor, 147.24, 176 fund-raising functions, 147.31 limitations on amounts, 147.2(2)–(4), 147.2(7) campaign periods only, 147.22(2) collusion to circumvent, 166 outside campaign period, prohibition, 147.22(4) prohibited organizations, 147.2(2), 147.2(6) residency requirements, 147.2(1), 147.2(6) loans and loan payments, 147.33 not to include transfers between local political parties and endorsed candidates, 147.25 offences and penalties administrative penalties, 193–195, 201 candidate’s own funds, 147.82 outside campaign period, prohibition, 147.22(4) provision at less than fair market value, 147.1(2)–(3) receipts for, 147.3(1)(e), 147.32 records of, 147.3(1)(f) return of contributions, 147.23 unauthorized contributions, 22(1.4), 23.1, 147.23, 175 use of goods in second or subsequent election, 147.1(4) campaign contributors. See also Election Commissioner; finances and contributions disclosure; transitional provisions administrative penalties, 193–195, 201 anonymous contributors, 22(1.4), 23.1, 147.23, 175 contributions by candidate, 147.2(4)–(5) contributions not belonging to contributor, 147.24, 176 contributions outside campaign period, prohibition, 147.22(4) residency outside Alberta, prohibition, 193(2)(b) residency requirements, 147.2(1), 147.2(6) responsibilities of candidates and contributors, 147.2(6)–(7), 147.24(3) responsibilities of candidates, local parties and contributors, 147.13 transfers between local political parties and endorsed candidates, 147.25 unauthorized contributions, 22(1.4), 23.1, 147.23, 175 campaign disclosure statement, 147.4. See also finances and contributions disclosure amended statements, 147.4(6), 147.5, 147.52, 147.84 application to individuals, 147.53 campaign deficit, 147.52, 147.53, 147.84 campaign surplus, 147.5, 147.53, 147.84 candidate’s own funds, 147.2, 147.52, 147.82, 147.84 contents of statement, 147.4(4) disqualification of candidate, 147.53 failure to be elected, 147.53 failure to file application to Court for relief, 22(1.2), 147.8 effects of, 22(1.2)–(1.3), 147.8, 147.82 filing filing deadline, 147.7(1) late filing, 22(1.2) late filing fee, 147.7 local jurisdiction secretary, 147.4(4) penalties for failure to file, 147.84 filing deadlines by-election, 147.4(3), 147.7 general election year, 147.4(2), 147.7 previous year, 147.4(1), 147.7 offences and penalties, 147.81–147.84 public inspection, 147.4(7) review engagement, 147.4(5–6) secrecy of contact information, 147.4(7) supplementary statement, 147.4(6) transfers between local political parties and endorsed candidates, 147.25 websites, 147.4(7) withdrawal of candidate, 147.53 campaign period. See also finances and contributions disclosure; transitional provisions defined campaign period, 147.1(1)(b) acceptance of contributions, 147.22 injunctions by Election Commissioner, 200 campaign workers access to residences for campaigning, 52, 156 identification form, 28.1 offences and penalties for interference with, 156 regulations for identification of, 159(2)(c) Canada Elections Act ineligibility of bylaw scrutineers for convictions under, 69(1.1), 70(2.1) ineligibility of candidates with convictions under, 22(1)(d.1) ineligibility of proposed official agents with convictions under, 68.1(2) registered party in definition of prohibited organization, 147.1(1)(f) Canada Labour Code in definition of Alberta trade union, 1(a.2) candidates. See also candidate's scrutineers; controverted election; ineligibility or eligibility as candidate; official agents; political parties, local; transitional provisions defined candidate, 1(e.1), 147.1(1)(b.1) city, 21(0.1) endorsed candidate, 147.1(c.1) not in definition of third party, 162(1)(l) access to residences for campaigning, 52, 156 as agent for self, 69(4) ballot account for candidates, 88(1) ballot account signature by, 89 ballot contents and type, 42–43, 158.3(3) ballot objections by, 87 bribery or undue influence, forfeiture of seat for, 120 counting of votes, attendance, 85–85.1 criminal record check, 21.1, 27(1)(e), 28(4)(c.1), 28(6.2) death of, 30(3), 33 deposit refund, conditions, 30(2)–(3) disclaimer after application for controverted election, 143 disclaimer as resignation, 144 disclaimer duplicate to secretary, 145 election results, declaration and statements, 97 election results, number of votes, 95 elector with disability, candidate not to be present at vote, 78(6) eligibility of, 21–23 equality of votes, 99 identification forms for official agents, campaign workers, and scrutineers, 28.1 ineligible as returning officer, 13(3) institutional vote attendance, 81 invalid election, 138(1) investigation by Election Commissioner, 191 names on ballots, 42–43, 158.3(3) notice to jurisdiction of nomination intention or nomination, 147.22–147.221 offences and penalties false statements in candidate's acceptance, 151 improper use of electors information, 158 interference with access for campaigning, 52 interference with candidate’s campaigning, 156 official agent of, appointment and duties, 68.1 as persons at voting stations, 67 political party affiliations on ballots, 158.3(3)(c) recount by judicial order, 106(1), 108(3) recount by returning officer, 98–98.2 register of candidates, 147.221 regulations for identification of, 159(2)(c) slates on ballots, 158.3(3)(c) special ballot electors list provided to, 77.1(4) validity in presence of, 69(6) withdrawal campaign disclosure statements, 147.53 deposit refund after, 30(2)(c) of nomination, 32 of nomination in summer village, 12(g) candidates' agents. See candidate's scrutineers; official agents candidates and election finances. See also campaign contributions; campaign contributors; campaign disclosure statement; Election Commissioner; finances and contributions disclosure campaign disclosure statement, 147.4, 147.4(1.1) candidate’s own funds, 147.2, 147.52, 147.82 duties, 147.3 campaign accounts, 147.3 campaign expenses, 147.3(1)(c) direction to official agent, 147.3(1)(g) filing campaign disclosure statement, 147.4–147.7 not to exceed campaign expense limits, 147.34 not to make false or misleading statements, 147.3(2) receipts, 147.3(1)(e), 147.32 records, 147.3(1)(f) records retention, 147.3(1)(f) valuation of contributions, 147.3(1)(d) investigation by Election Commissioner, 191 limitations on contributions, 147.2 notice to jurisdiction of nomination intention or nomination, 147.22–147.221 offences and penalties administrative penalties, 193–195, 201 candidate’s own funds, 147.82 contribution expenses, 147.82 expenses more than maximum, 147.85 failure to comply with duties, 147.83 non-compliance with campaign disclosure statement requirements, 147.8–147.85 register of candidates, 147.221 responsibilities re contributions, 147.2(6)–(7), 147.24(3) transfers between local political parties and endorsed candidates, 147.25 candidate's scrutineers, 69 defined scrutineers, 1(w.1) advertising distribution on election day, 152 as authorized persons at voting stations, 67, 69(1) ballot account signature by, 89 ballot objections by, 87 counting of votes, attendance, 85–85.1 elector eligibility, scrutineer not to vouch for, 53(5) elector with disability, scrutineer not to attend vote by, 78(6) identification forms provided to candidates, 28.1 ineligibility if convictions under elections acts, 69(1.1) institutional vote, attendance, 81 more than one voting station, 69(5.1) not to be impeded from duties, 69(7) not to be present in candidate or official agent’s presence, 69(3)–(3.1) observation locations, 69(5) offences and penalties advertising distribution on election day, 152 secrecy violations, 150 recount by judicial order, 106(1), 108(3) recount by returning officer, 98–98.2 regulations for identification of, 159(2)(c) secrecy, 150 special ballot electors list provided to, 77.1(4) statement of office requirement, 69(2) statement subscribed in prescribed form, 16(2), 69(1), 69(2) substitutes for, 69(4) validity in presence of, 69(6) canvassing defined in definition of election advertising, 162(3) at voting station, offences and penalties, 150(3)–(4), 150(9) cellphones. See phone calls certificate elector register, 90 judicial recount costs, 103, 113–115 special ballot envelopes, 77.2, 77.21 voting by election officials, 83 charity. See registered charity charter schools eligibility of employees as candidates for trustee, 22(1.1)–(3), 22(5.1), 22(6) Chartered Professional Accountants Act review engagement, defined, 147.1(1)(f.1) chief administrative officer. See also secretary defined in definition of secretary, 1(x) chief elected official appointment of substitute returning officer, 13 ballot facsimile, prohibition, 148(6) entry in elector register for ballot receipt, 59 explanatory note on ballot, 42(4) names on ballots, 42–43 separate ballot for election of, 42(1)(a) Chief Electoral Officer authorization of proof of identification, 53(3) consent for prosecution, 202 permanent electors registers, 49 publication of findings and decisions, 203(3) publication of notice of compliance agreements, 199 websites disclosures, 203 notice of compliance agreement, 199 chief financial officer for campaign finance. See also finances and contributions disclosure remuneration in definition of campaign expense, 147.1(1)(a) chief financial officer for third party advertising. See also advertising, third party appointment of, 178(2) authorization of advertising expenses and contributions, 178(3)–(5) contributions not belonging to contributor, 147.24, 176 disposition of advertising account funds, 183 late filing fee, 184 records retention, 185 third party election advertising return, 182, 183 child of candidate ineligible as returning officer, 13(3) circulars. See advertising citizenship of elector, 47(1)(b) of elector in summer village, 12(b) city definition, 21(0.1) residency requirements for councillors, 21 clerk of the Court disclaimer after application for controverted election, 143 judicial recount duties, 103, 106 code of conduct compliance with municipal code, 27(1)(c) collective bargaining. See employee organizations; trade unions commissioner, election. See Election Commissioner commissioner for oaths. See also oaths administration of oaths, 20 recognizance for controverted election, 127(4) compartments, voting. See voting stations compliance agreements, 196–199. See also Election Commissioner compliance with standards regulations for, 160(1)(a.1), 160(1.1) computer-based systems. See electronic devices; electronic documents confidentiality of information, complaints, and allegations, 203–204. See also secrecy constables defined, 1(f) appointment, 14(1)(a), 15 delegation of duties to, by returning officer, 14(3) duties of, 15 improper appointment, offences and penalties, 154 as persons at voting stations, 67 secrecy violations, offences and penalties, 150 statement of office, 16(2) substitute constables, 18 voting by, 83 contested elections application to Court, 126 decision of judge, 137(2)–(3) grounds for hearing by judge, 137 member’s right to hold seat, 126, 137 validity of election, 126 validity of vote on bylaw or question, 126 contributions, campaign. See campaign contributions contributors, campaign. See campaign contributors controverted election, 116–147 adding parties to proceedings, 135 appeal of decision to Court of Appeal, 146 application to try validity of election, 131 combination of applications, 132 costs, 139–140 disclaimer after application for controverted election, 143 duplicate delivery to secretary, 145 effect of, 144 election material, production of, 134 fiat for application for, 127 filing of documents, 129 grounds not allowed, 133 hearing on validity, 137 intervention, 136 invalid election, 138 mistake in using forms, adjudicated invalid, 137(2)(b) order form and effect, 141 for inspection of ballot box, 102 return of judge's order, 142 persons or authority entitled to raise issue, 126(2) requirements, 128 service of application, 130 trial of, 126 corporation. See also advertising, third party defined corporation outside Alberta in definition of prohibited organization, 147.1(1)(f) corporations associated with one another, 147.1(1.1) in definition of individual or entity, 193(1) in definition of prohibited organization, 147.1(1)(f) in definition of third party, 162(1)(l) prohibited corporation, 162(1)(j) provincial corporation in definition of prohibited organization, 147.1(1)(f) administrative penalties, 193–195, 201 advertising contributions, additional rules for groups, 170 advertising contributions and expenses, restrictions, 167 campaign finances administrative penalties, 193–195 advertising contributions, 187 contributions, 147.82 Election Commissioner’s orders, 201 contributions not belonging to contributor, 147.24, 176 registration as third party, 163 third party election advertising return, 182 costs in controverted elections, 136, 142(2), 144(1) local jurisdiction for invalid election, 140 recount by judicial order, 103, 113–115 to respondent to contest election, 127(4) returning officer or deputy for invalid election, liability for, 139–140 councillor. See also candidates; finances and contributions disclosure defined council, 1(g) councillor, 1(h) administrative penalties, 193–195, 201 application of finances and contributions disclosure, 147.12 ballots information on maximum number of councillors, 42(3) names on, 42–43 receipt in elector register, 59 separate ballot for, 42(1)(b) limitations on contributions, 193(2)(a) residency requirements, 21, 48 summer village nominations, 12(c)–(e), 12(h), 31(3) counting of votes alternative voting equipment, prohibited, 84 ballot accounts, 88 counting centres, 85.1 election officials secrecy, offences and penalties, 150(7), 150(9) notice to candidates, agents, and scrutineers, 85.1(2) procedures, 85, 85.1 time for public disclosure, 85.1(7) Court of Appeal appeal of controverted election, 146 appeal of disqualification of trustee, 24(4) Court of King’s Bench. See also controverted election; recount by judicial order defined Court, 1(i) judge, 1(q) appeal of administrative penalty to, 195 appeal to Court of Appeal, 24(4), 146 application to contest election, 127 attendance required before Court, 123 Chief Electoral Officer’s consent for prosecution, 202 contempt of court, 123(1) controverted election hearing, 137 Election Commissioner appeal of decision on administrative penalty, 193(3)(d), 195 enforcement of administrative penalty same as court order, 193(8) order for entry into private dwellings, 191(4) order for injunction, 200 evidence, 119 recount by judicial order, 103–115 recovery of penalty, 125 reduction of time period for disqualification as trustee, 24(3)–(4) report of bribery or undue influence convictions, 122 summons of witnesses by, 123(1)(a) trial of controverted election, 133 witnesses, 123 Criminal Code , 21.1, 23.1 criminal record check bylaw, 21.1 candidates to provide, 21.1 disqualification of candidates, 23.1 filing of nomination form, 28(4)(c.1) nomination form, 27(1)(e), 28(6.2) dates. See also hours; time ballot account to include election date, 88(1)(c), 88(2)(c) ballot packets to show election date, 92(b) first elections, 8(1), 8(3) general elections, 10–11 Ministerial powers, 6 summer village elections, 12(a), 12(d) death of candidate, 30(3), 33 debtors eligibility as candidate, 22(1) declaration after equality of votes after election, 99 after recount by returning officer, 98.2 of election by acclamation, 34 of election results, 97 of election results, number of votes, 95 of vote results, 96 of voting station closed, 46(3)–(4) declined ballot, 66 defacement defaced ballots in judicial recount, 108, 110 of posted documents, offences and penalties, 153 void ballots for defacement, 86(2)(d) deficits, campaign. See campaign disclosure statement definitions advance vote, 1(a) advertising account, 162(1)(a) advertising contribution, 162(1)(b) advertising expense, 162(1)(c) Alberta employee organization, 1(a.1) Alberta trade union, 1(a.2) area, 1(b) bribery, 1(c), 116 by-election, 1(d) bylaw, 1(e) candidate, 1(e.1) completed special ballot package, 77.2(1) constable, 1(f) council, 1(g) councillor, 1(h) Court, 1(i) deputy, 1(j) elected authority, 1(k) election, 1(l) election advertising, 162(1)(d), 162(3)–(4) election advertising period, 162(1)(e) election day, 1(m) elector, 1(n) elector assistance terminal, 1(n.01) elector register, 1(n.1) employee organization, 1(n.2) expenses, 162(1)(g) filing deadline, 184(1) first election, 1(o) former Act, 158.2(1) fund-raising function, 172(1) general election, 1(p) group, 162(1)(h) influence, undue, 1(aa), 117 judge, 1(q) local jurisdiction, 1(r) Minister, 1(s) nomination day, 1(s.1) nomination period, 1(s.2) officer, 1(t) official agent, 1(t.1) political advertising, 162(1)(i), 188.1(1)(a) political advertising account, 188.1(1)(b) prescribed form, 1(t.2) presiding deputy, 1(t.3) prohibited corporation, 162(1)(j) registered charity, 1(t.4) registered third party, 162(1)(k) relevant Minister, 1(v) respondent, for controverted election, 127(1) returning officer, 1(w) review engagement, 147.1(1)(f.1) scrutineer, 1(w.1) secretary, 1(x) services, 162(2) slate, 158.2(1)(b) spoiled ballot, 1(z), 65 spouse, 1(z.1) supportive living facility, 1(z.2) third party, 162(1)(l) trade union, 1(z.21) treatment centre, 1(z.3) undue influence, 1(aa), 117 voting station, 1(cc) voting subdivision, 1(dd) ward, 1(ee) deposits judicial recount costs, 103, 113–115 nomination deposits, 27(1)(d), 28(4)(d), 29–30 deputy returning officer defined, 1(j) appointment of, 14(1)(a) appointment of constables by, 15(1) appointment of substitute deputies or constables by, 18 ballot account, duties, 88 ballot account, signature by, 89 ballot box display and sealing, 40 ballot boxes at advance voting stations, duties, 75(2) ballot initialling by deputy, 60 ballot packet contents, duties, 91–92 ballot packet to show name of, 92(c) costs for invalid election, liability for, 139–140 delegation of duties to, by returning officer, 14(3) delivery of ballot box and ballot account, 94 election official offences and penalties improper use of information, 158 elector with disability voting at home, duties, 79 elector with disability voting at voting station, duties, 78 endorsement of void ballots as rejected, 86(2) examination of ballots after vote, 86 explanation of voting methods to elector by, 61 impartiality of, 13.1 institutional votes, duties, 80–82 instructions to elector, 45 note of ballot objection, 87 offences and penalties improper appointment, 154 interference with posted documents, 153 secrecy violations, 150 wilful contravention or omission, 149 as party, controverted election, 135 securing election documents, 93 special ballots, duties, 77.1–77.3 spoiled ballots, duties, 65 statement of office, 16(2) verification of initials on marked ballots, 63(1)–(2) voting by, 83 voting station closure declaration by, 46(3)–(4) deputy returning officer, presiding definition, 1(t.3) administration of oaths, 20 appointment by returning officer, 14(1)(a) authorization of bylaw scrutineers at voting stations, 70 authorization of candidate's scrutineers at voting stations, 69(1)–(2) authorization of languages other than English by, 45(3) authorization of persons at voting stations, 67 certificate in elector register by, 90 delegation of duties to, by returning officer, 14(3) designation, 14(1)(c) duties and powers, 14(1)(c), 14.1 duty to maintain peace, 15(1) institutional votes, duties, 81 persons at voting station, restrictions by, 69(3)–(3.1) secrecy violations, prohibition and penalties, 150 securing election documents, 93 destruction of election material, 101 digital information. See electronic devices; electronic documents directions to elector alternative voting equipment, prohibited, 84 explanation of voting method to electors, 61 in languages other than English, 45(3) posting in voting station, 45 for relocated voting station, 37(2) supply and delivery by returning officer, 14(1)(d) disability, elector with physical defined elector assistance terminal, 1(n.01) alternative voting equipment, prohibited, 84 assistance at home, 79 assistance at voting station, 78 blind elector alternative voting equipment, prohibited, 84 blind elector template, 78(4.1)–(5) voting at home, 79 voting at voting station, 78 elector assistance terminal, 78(1), 84.1 procedure modification, 5 special ballots, 77.1–77.3 disasters. See emergencies disclaimer by candidate in controverted election, 143 duplicate to secretary, 145 effect as resignation, 144(2) effects on liability to costs, 144(1) posting in voting station, 144(3) disclosure duty to provide documents or information, 204 of information, complaints, and allegations, 203–204 disclosure statement, campaign. See campaign disclosure statement disposition of election material, 101 disqualification. See also controverted election; notice application to contest election, 127(2)–(4) campaign disclosure statements, 147.53 criminal convictions, 23.1 grounds for, contestation of election, 128(2) invalid election, 138(3) plurality of respondents in controverted election, 132 re-election after disqualification as trustee, 24 division for voting. See voting subdivisions division, school. See school division duress on elector, 117. See also undue influence Education Act in defined terms, 1(ee)(iii), 1(r), 1(v)(iii), 1(w.01), 147.1(1)(f) eligibility of candidate after disqualification, 24 first election, date for, 8(3) rules of residence for purposes of, 48(2)–(3) signatures on nomination forms for purposes of election under, 27(2) elected authority advance vote, resolution for, 73(2) application for trial of an election, 126(2) appointment of returning officers by, 13 defined, 1(k) ineligibility for nomination, 23 invalid election, 138(3) in joint elections by authorities in same area, 2 in joint elections by authorities with non-contiguous boundaries, 3 request for regulations, 160(2) special ballot resolutions, 77.1–77.3 term of office, 9–10 elections. See also acclamation; controverted election; election official; first election; general election; notice defined, 1(l) death of candidate, new election, 33 election results, number of votes, 95 emergencies, regulations for, 160(1.01) injunctions by Election Commissioner, 200 invalid election, new election, 138 joint elections by authorities in same area, 2 joint elections by authorities with non-contiguous boundaries, 3 notice of advance vote, 74, 158.1 notice of election, 35 notice of election day, 158.1 observation locations, 70(4) offences and penalties advertising on election day, 152 ballot form advertising, 148(5)–(7) campaigning on election day, 152.1 term of office, 9, 10 unprovided in Act, regulations, 160(1)(a) validity of election, application to try, 131 Election Act definition of Election Commissioner, 190(1) ineligibility for convictions bylaw scrutineers, 69(1.1) candidates, 22(1)(d.1) candidate’s scrutineers, 69(1.1) proposed official agents, 68.1(2) election advertising by third party. See advertising, third party; advertising, election election campaigns. See campaigns Election Commissioner, 190–205 defined Election Commissioner, 190(1) in Part 5.1 and Part 8, 190(2) administrative penalties appeals, 193(3)(d), 195 determination of amount, 193(4)–(5) individual or entity, defined, 193(1) maximum amount, 193(5) no charges after payment, 193(6) notice of administrative penalty, 193(1) orders, 201 time for payment of penalties, 195(7) time limit on offences, 194 administrative penalties, matters campaign disclosure statements (s. 147.4), 193(5)(c) contravention of disclosure of election finances or contributions (Part 5.1), 193(2)(e) contribution by prohibited individual or entity (s. 147.2(1) or (2)), 193(2)(b), 193(5)(b), 201 election advertising contributions, 193–195, 201 excess campaign contributions for councillors or trustees (s. 147.2(3)), 193(2)(a), 193(5)(a), 201 failure to comply with direction or order, 193(2)(c), 201(3) third party advertising, 193–195, 201 complaints, duty to refer, 205 compliance agreements, 196–199 contracting party, defined, 196(1) failure to comply, 198 with individual or local jurisdiction, 196(1) notice of compliance agreement, 196(4), 197(1) offences, 196(2) prosecution of acts or omissions, 196(6)–(7), 197(2) publication of notice, 196(4), 199 purpose, 196(2) renegotiation of agreement, 196(8) statement of responsibility, 196(5)–(6) terms and conditions, 196(3), 196(8) Court appeal of administrative penalty to, 193(3)(d), 195 enforcement of administrative penalty same as court order, 193(8) order for entry into private dwellings, 191(4) order for injunction, 200 disclosure of information, 191(3)–(5), 203–204 injunctions, 200 investigations disclosure of information, 191(3)–(5), 203–204 duty to refer complaints or allegations, 205 entry into premises or private dwellings, 191(3)–(4) frivolous or vexatious matters, 192(2) insufficient grounds, 192(2) offence of obstruction of investigation, 148(3.1) of offences (Part 5.1 or 8), 191(1) by own initiative, 191(1) powers of Commissioner, 191(2) refusal to conduct, 192(2) representatives of Election Commissioner, 191(3)–(4) on request, 191(1), 192(4), 205 time period to provide information, 191(5) letter of reprimand payment of penalty, 193(2) penalties, 193(1) service, 193(1) time limit on offences, 194 notice of administrative penalty after failure to comply with compliance agreement, 198 contents, 193(3) enforcement as court order, 193(8) payment of penalty, 193(2) service, 193(1) notice of application for injunction, 200(3) notice of compliance agreement consent of contracting party, 196(4) contents, 197(1) failure to comply with agreement, 198 notice of investigation, 192 cessation of investigation, 192(4) conditions for lack of notice of investigation, 192(1) contents of notice, 192(1) parties notified, 192(4) of refusal to investigate, 192(4) time for response to, 192(3) orders enforcement of administrative penalty same as court order, 193(8) penalty for failure to comply, 201(3) return or payment of prohibited contributions, 201 powers under Public Inquiries Act, 191(2) prosecution failure to comply with compliance agreement, 198 impact of compliance agreements on, 196(7), 197(2), 198 publications letter of reprimand, 203(3) notice of administrative penalty, 203(3) notice of compliance agreement, 196(4) notice of investigation, 192(4), 200(3) transitional provisions, 194, 203(3) time limits on appeals, 195(1) on disclosure of information, 191(5) on offenses, 194 on payment of penalties, 193(7) on return of contributions, 201(1) transitional provisions, 194 election contribution. See campaign contributions election day. See also dates; hours defined, 1(m) by-election, 11(1)(b) bylaw to change, 11 general election, 11 referendum vote, 11(3) Senate election, 11(3) summer village, 12 vote on bylaw or question, 11(1)(b) election finances. See finances and contributions disclosure Election Finances and Contributions Disclosure Act ineligibility of bylaw scrutineers for convictions under, 69(1.1), 70(2.1) ineligibility of candidates for convictions under, 22(1)(d.1) ineligibility of proposed official agents for convictions under, 68.1(2) registered party in definition of prohibited organization, 147.1(1)(f) election materials. See also ballot; ballot account; ballot box; ballot packets; special ballots affidavit by witnesses of disposition of materials, 101 controverted elections, production of materials, 134 custody of election materials, 19(1)(b) delivery to secretary, 100 destruction of ballot box contents, 19(1)(b) disposition of, 101 joint election agreements re, 2(3), 3(5) retention of, 100–101 time for disposition, 101 election official. See also deputy returning officer; returning officer institutional votes, duties, 80–82 offences and penalties improper appointment, 154 improper use of information, 158 interference with posted documents, 153 secrecy violations, 150 wilful contravention or omission, 149 voting by, 83 elector. See also advance vote; disability, elector with physical; elector eligibility, proof; elector register; list of electors; permanent electors register defined, 1(n) alternative voting equipment, prohibited, 84 application for judicial recount, 103 ballot display, prohibition and penalties, 150(8)–(9) bribery offences, 116 declining to vote, 66 deemed voting, 64 delivery of marked ballot by, 63(1)–(2.1) eligibility to vote, 47 eligibility to vote, residence rules, 47–48 eligibility to vote, summer village, 12(b), 77.1(5) employee's voting time, 58, 155 identification documents for voting, 53 information about, 49(5)–(6) information about, right to access, 49(7) inspection of nomination papers, acclamation, 34(3) inspection of nomination papers and ballot account, 100(2)–(3) institutional voting stations, 80–82 instructions posted for, 45 instructions to, 14(1)(d) interference with voting, prohibition and penalties, 150(2), 150(9) interpreter for language other than English, 72 languages other than English, 45(3) minors with electors in voting compartments, 55(4) nomination form signatures, 27 procedure modifications for, 5 right to contest election, 126(2)(b)–(c) secrecy of information about, 49(6)–(8) secrecy of vote, 55, 56, 67(3), 150(1) secrecy of vote during judicial recount, 107(2) special ballots, 77.1–77.3 summer village, 12 undue influence on, 117 void ballot if shows elector’s identity, 86(1)(c)–(d), 108(2)(c)–(d) voting after closure of voting station, 46(4) voting method explanation by deputy, 61 voting station, leaving after voting, 63(3) elector assistance at home, 79 application for, 79(2)–(4) ballot box, 79(6) deputies, duties, 79 eligibility, 79(1)–(3.1) list of electors, 79(3)–(4) physical disability, 79(1)–(3.1) physically able to vote and in same facility as elector with disability, 79(3.1) procedure modifications, 5 procedures, 79 resolutions for, 79(1)–(2), 79(5) time for voting, 79(1)–(2), 79(5) elector assistance at voting station, 78 assistance at voting station, 78 blind elector template, 78(4.1)–(5) candidate, official agent, or scrutineer not to be present in voting compartment, 78(6) elector assistance terminal, 78(1), 84.1 elector register entry, 78(7) by friends or relatives, 78(2)–(3) physical inability to enter voting compartment, 78(5.1) prescribed statement by elector and elector’s friend or relative, 78(1), 78(3)–(4) elector assistance terminal defined, 1(n.01) bylaw for authorization, 84.1(2)–(4), 84.1(6) elector’s choice to use, 78(1) paper ballots, 84.1(2), 84.1(4) elector eligibility, proof, 53–53.02 bylaw on proof, repeals, 53.011 Jasper residents, 48.1, 53.03 Minister’s orders on proof, 53.02 name on permanent electors register, 53(1) personal statement of eligibility, 53(1)–(3) photo identification, 53(1), 53(3), 53(3.1) requirement of eligibility for permission to vote, 53(8) securing election documents, 93 for special ballots, 77.1–77.3 validation of identity by another person, 53(4)–(7) elector register, 59. See also permanent electors register; special ballots certificate of number of persons registered to vote, 90, 91(1)(f) constable’s vote, 83 copy of elector register, 91.1 defined as prescribed form for names of persons registered to vote, 1(n.1) deputy’s vote, 83 disposition of election materials, 101 elector assistance with disability, 78(7) entries for receipt of ballot, 59 packets of ballots, 91 removal of ballot, prohibited, 68 revision of permanent electors register, 91.1 securing election documents, 93 special ballot elector register, 77.1(3)–(4), 77.21 electronic devices. See also elector assistance terminal alternative voting equipment prohibited, 84 electronic documents nomination forms, 27(1.2)–(1.3) nomination statements, 28(8)–(9) payment of deposits by e-transfer, 30(1) permanent electors register, 49(4) special ballot applications, 77.1(2)–(2.1), 77.1(2.4) third party registrations, 163(8)–(9) electronic media. See also advertising defined election advertising, 162(1)(d) telephone calls in definition of, 162(1)(d) identification of third parties, 179 telephone calls on voting participation, 162(1)(d) eligibility as candidate. See ineligibility or eligibility as candidate eligibility as elector, 47–48. See also elector age, 47(1)(a) citizenship, 47(1)(b) residence of student, 48(1)(d) residence rules, 47–48 school districts or divisions, 48(2)–(3) summer villages, 12(b) voting station at work site, 47(3) eligibility as third party. See third parties eligibility of elector to nominate, 27(1) elector as ward resident, 27(3) requirements, 27(1), 27(3) e-mail. See electronic documents emergencies ministerial powers, 6.1 regulations, 160(1.01) Emergency Management Act , 22(4)(g) employee organizations. See also advertising, third party defined Alberta employee organization, 1(a.1) in definition of individual or entity, 193(1) employee organization, 1(n.2) administrative penalties, 193–195, 201 advertising contributions, additional rules for groups, 170 campaign finances contributions not belonging to contributor, 147.24, 176 offences and penalties, 147.82 restrictions on advertising contributions and expenses, 167 eligibility for third party registration, 163(6) limitations on contributions, 147.2 offences and penalties, 147.82, 187, 193–195, 201 registration as third party, procedures, 163 third party election advertising return, 182 employees of municipality eligibility as candidate, 22(1), 22(1.11), 22(5)–(12) time for voting, 58, 155 employer provision of employee's voting time, 58, 155 employment offer of employment, offences, 116(a), 116(e) endorsed candidate. See also candidates; political parties, local defined, 147.1(c.1) transfers between local political parties and endorsed candidates, 147.25 endorsement recognizance, to contest election, 127(4)–(5) rejected ballots, ballot account to include, 88(1)(h), 88(2)(h) void ballots as rejected, 86(2) enforcement judicial recount costs, 103, 113–115 of notice of administrative penalty as court order, 193(8) order of judge in controverted elections, 142(2) equality of votes drawing by lot, 99 recount by judicial order, 111 recount by returning officer, 98(6)–(7), 99 errors and omissions recount by returning officer, 98–98.2 wilful omissions, offences and penalties, 149 e-transfer. See electronic documents event planning. See also fund-raising functions for campaigns; fund-raising functions for third party advertising organizing events in definition of election advertising, 162(3)–(4) evidence contradictory, 123(3) documents in controverted elections, 129 hearing on controverted election, 137(1) oral evidence, 119 order for inspection of contents of ballot box, 102(2) examinations ballots after vote, 86(1) of ballots at judicial recount, 108 of filed nominations, 28(6) obstruction of, prohibition and penalties, 148(3.1) excess void ballots, 86(1)(b) void ballots in judicial recount, 108(2)(b), 110(2)(d) explanation voting instructions, 42(3)–(4), 45, 61 facilities, treatment centre defined, 1(z.3) false or misleading statements candidate statements on election finances, 147.3(2) offences and penalties statements in candidate's acceptance, 151 statements on elections or votes, 148(4), 148(7) family relative of candidate ineligible as returning officer or substitute returning officer, 13(3) family relative of elector voting assistance for elector with disability, 78(3) fax. See electronic documents finances and contributions disclosure, 147.1–147.91. See also campaign accounts; campaign contributions; campaign contributors; campaign disclosure statement; Election Commissioner defined campaign expense, 147.1(1)(a) campaign period, 147.1(1)(b) candidate, 147.1(1)(b.1) fund-raising functions, 147.31(1) prohibited organization, 147.1(1)(f) administrative penalties, 193–195, 201 anonymous campaign contributions, 22(1.4), 23.1, 147.23, 175 campaign expense limits, 147.34, 147.91 campaign surplus, 147.5, 147.53, 147.84 candidate duties, 147.3 campaign accounts, 147.3(1)(a)–(b) campaign expenses, 147.3(1)(c) direction to official agent, 147.3(1)(g) not to exceed campaign expense limits, 147.34 receipts, 147.3(1)(e) records, 147.3(1)(f) records retention, 147.3(1)(f) valuation of contributions, 147.3(1)(d) fair market value, 147.31 fund-raising functions, 147.31 loans, 147.33, 174 offences and penalties, 147.81–85 administrative penalties, 193–195, 201 candidate’s own funds, 147.82 contributions not belonging to contributor, 147.82 expenses more than maximum, 147.85 failure to comply with duties of candidate, 147.83 failure to file amended statements, 147.84 failure to file disclosure statements, 147.84 failure to pay deficit, 147.84 failure to pay penalties, 147.84 failure to pay surplus, 147.84 prohibited organization or person, 147.82 prosecution time limits, 147.81, 186 receipts, 147.3(1)(e), 147.32 regulations, 147.91 tickets for fund-raising functions, 147.31 tickets for third party advertising, 172(3)–(5) unauthorized campaign contributions, 22(1.4), 23.1, 147.23, 175 financial institutions campaign accounts, 147.3 information on third party registration applications, 163(3) loans for advertising contributions, 174 loans for election expenses, 147.33 nomination form information, 27(1.1) notice to jurisdiction of nomination intention or nomination, 147.22 fines. See Election Commissioner; offences and penalties first election defined, 1(o) date of, 8(1), 8(3) Ministerial powers, 6, 8(1)–(2.1) forfeiture grounds for, contestation of election, 128(2)(c) recovery of penalties for bribery or undue influence, 125 right to vote for removing ballot, 68(2) rights on conviction of bribery or undue influence, 120 former act, transitional provisions. See transitional provisions forms ballot account for bylaw or question, 88(2) ballot account for candidates, 88(1) ballot account signatures, 89 ballots, 42–44 ballots, marking of, 62 blind elector template, 78(4.1)–(5) controverted election, mistakes in use of forms, 137(2)(b) controverted election order, 141 disclaimer, 143 instructions to electors, legible, 45(2) interpreters' statement, 72(2) nomination day notice, 26 nomination deposit, 27(1)(d), 28(4)(d), 29–30 nomination form, 27 note of ballot objection, 87 notice of advance vote, 74, 158.1 election, 35, 158.1 nomination day, 158.1 nomination intention or nomination, 147.22 regulations for, 159(2)(a), 160(1)(b) special ballot applications, 77.1(2.4) friend voting assistance for elector with disability, 78(3) fund-raising functions for campaigns, 147.31. See also finances and contributions disclosure defined fund-raising function, 147.31(1) campaign disclosure statements, 147.4 fair market value, 147.31 fund-raising functions, 147.31 receipts, 147.32 records, 147.31(2) tickets, 147.31 fund-raising functions for third party advertising, 172. See also advertising, third party defined fund-raising function for third party advertising, 172(1) records, 172(2) tickets, 172(3)–(5) general election. See also vacancy defined campaign period, 147.1(1)(b) election advertising period for third parties, 162(1)(e) general election, 1(p) campaign deficit, 147.4, 147.52, 147.84 campaign disclosure statement, 147.4 campaign surplus, 147.5, 147.53, 147.84 election day, 11 election results, 95 injunctions by Election Commissioner, 200 Ministerial powers, 6 nomination day, 25 third party election advertising return, 182 gifts bribery offences, 116 group. See also advertising, third party; corporation; employee organizations; trade unions defined in definition of third party, 162(1)(l) group, 162(1)(h) additional rules for advertising contributions, 170 administrative penalties, 193–195 contributions not belonging to contributor, 147.24, 176 eligibility for third party registration, 163(6) injunctions by Election Commissioner, 200 offences and penalties, 187, 193–195 registration as third party, procedures, 163 restrictions on advertising contributions and expenses, 167 third party election advertising return, 182 handbills. See advertising health risks. See emergencies home, electors at.

See elector assistance at home hospital. See also institutional voting station in definition of treatment centre, 1(z.3) institutional vote, 80(2), 80(4) hours. See also time elector with disability voting at home, 79(1)–(2), 79(5) employee's voting time, 58, 155 inspection of nomination papers and ballot account by electors, 100(2)–(3) judicial recount recess, 109 nomination day hours, 28(1)–(1.2) nomination hours extended, insufficient nominations, 31(1) nominations in summer villages, 12(c)–(d) voting after closure of voting station, 46(4) voting hours, 46 voting in summer villages, 12(f) identification badges for campaigners access to residences, 52, 156 identification, elector’s. See elector eligibility, proof impartiality of returning officer, 13.1 imprisonment. See also offences and penalties generally, 150(9) for bribery or undue influence, 121 for election offences, 148(7) of election officials, 149 of employer for refusal of time to vote, 155 improvement district election, 4 incapacitated elector. See disability, elector with physical Income Tax Act (Canada), 1(t.4) independent schools eligibility of employees as trustees, 22(1.1)–(3) individuals. See also advertising, third party; third parties defined in definition of third party, 162(1)(l) administrative penalties, 193–195, 201 compliance agreements, 196–199 contributions not belonging to contributor, 147.24, 176 injunctions by Election Commissioner, 200 limitations on contributions, 147.2 offences and penalties, 187, 193–195, 201 outside of Alberta, not to contribute, 147.2(1) registration as third party, 163 restrictions on advertising contributions and expenses, 167 ineligibility or eligibility as candidate, 21–23. See also controverted election; disqualification allowances to candidates, 22(4)(i) auditor of local jurisdiction, 22(1)(a) bribery conviction, 120 campaign disclosure statements, 147.53 conviction for offences under elections acts, 22(1)(d.1) disclosure statements, failure to file, 22(1.2)–(1.3) elector's right to contest eligibility, 126(2)(b) employee of local jurisdiction, with exceptions, 22(1)(b), 22(5)–(12) forfeiture of seat, nomination after, 120 indebtedness to local jurisdiction, 22(1)(c)–(d) multiple offices, prohibition, 23 notice of contribution, 22(1.4) notice to jurisdiction of nomination intention or nomination, 147.22 office-holders, 23(2) Ombudsman office employees as candidates for councillor or trustee, 22(1.11), 22(5.2)–(6) school employee as candidate for trustee, 22(1.1), 22(3) school employee's leave of absence for eligibility, 22(1.1), 22(1.11), 22(5.1), 22(6) undue influence conviction, 120 ineligibility or eligibility as third party. See advertising, third party; third parties influence, undue. See undue influence information, digital. See electronic devices; electronic documents initialling ballot by deputy, 60 objection to ballot, 87 penalty for offences, 149(b) verification of initials on marked ballots, 63(1)–(2) void ballot if no initials, 86(1)(a) void ballots in judicial recount, 108(2)(a), 110(2)(c) injunctions by Election Commissioner, 200 inquiry or investigation. See Election Commissioner inspection ballot account by electors, 100(2) nomination papers, acclamation, 34(3) nomination papers by electors, 34(3), 100(2)–(3) order for inspection of ballots, 102 institutional voting station, 80–82 advance votes in supportive living, 80(4) attendance by candidates, official agents, and scrutineers, 81 counting of votes, 85–85.1 deputies, 80(3)–(4) designation of, 80(1), 80(2.1) election day times, 81 elector eligibility, 80(2) notice of institutional vote, 82(2) offences and penalties advertising on election day, 152 campaigning on election day, 152.1 procedure, 5, 82 instructions to elector. See directions to elector insufficient nominations, 31 interference or obstruction offences and penalties access for campaigning, 52 with ballot boxes or ballots, 148(1) campaign activities at a voting station, 152.1 with inquiries, investigations, or examinations, 148(3.1) interference with electors, 150 with posted documents, 153 with provision of time to vote, 155 undue influence, 117, 121 Interpretation Act , 31(1)(b) interpreter for elector, 72 intimidation of elector, 117. See also undue influence invalid election. See controverted election investigations and inquiries. See Election Commissioner irregularities in controverted election, 137(2)–(3) Jasper, residency and voting, 48.1, 53.03 application to elections in 2025 or 2026, 48.1(1), 53.03(1) candidate's scrutineers observation locations, 69(5) nominations, 48.1(4) photo identification, 53.03(2) proof of elector eligibility, 48.1, 53.03 qualification of candidates, 21, 47.1(4) residency statement continuation of displacement, 48.1(3) deemed residents, 48.1(2)–(3) intention to resume residence, 48.1(3) notice at voting station, 48.1(5) opportunity to make a statement, 48.1(6) written statements, 48.1(2)–(3) special ballots, 48.1(7), 53.03(1) joint elections agreements by authorities in same area, 2 agreements by authorities with non-contiguous boundaries, 3 judge. See also Court of King’s Bench defined, 1(q) jurisdiction, local. See local jurisdiction Labour Relations Code in definition of Alberta trade union, 1(a.2) labour unions. See trade unions languages other than English for instructions to elector, 45(3) interpreters, 72 leave of absence municipal employee as candidate, 22(1)(b), 22(5)–(12), 22(6) Ombudsman’s office employee as candidate, 22(1.11) school employee as candidate, 22(1.1), 22(5.1), 22(6) legal proceedings secrecy of vote on candidate, bylaw or question, 55–56 letter of reprimand, 193–194, 203(3) Lieutenant Governor in Council designation of organization as prohibited, 147.1(1)(f), 160(1.01) regulations by, 159(1), 160 regulations for local political parties and slates of candidates, 160.1(1) limitation of action for bribery or undue influence, 124 list of electors controverted election, production of election materials, 134 elector with disability voting at home, 79 improper use of information, offences and penalties, 158 securing election documents, 93 special ballot electors list provided to candidates, agents, and scrutineers, 77.1(4) loans for advertising contributions, 174 bribery offences, 116 for election expenses, 147.33 Local Authorities Election Act . See also transitional provisions inconsistencies in, 5 insufficiency of provisions, remedies, 159(1), 160(1)(c) Ministerial powers, 6 validity in controverted election, 137(2) local jurisdiction defined in definition of individual or entity, 193(1) local jurisdiction, 1(r) administrative penalties, 193–195, 201 auditor as ineligible candidate, 22(1)(a) ballot account to include, 88(1)(a), 88(2)(a) campaign surplus, 147.5, 147.53, 147.84 compliance agreements, 196–199 costs for invalid election, 140 disclosure to and by Election Commissioner, 203–204 duty to refer complaints and report acts or omissions, 205 election day, 11 employees as candidates, 22(1)(b) first election in newly formed local jurisdiction, 8 municipalities in definition of, 1(r) offences and penalties, 147.84 residency requirements for candidates, 21 school divisions in definition of, 1(r) term of office, 9–10 third party election advertising return, 182 voting subdivisions, 36 website application for special ballot, 77.1 campaign disclosure statements, 147.4(7) candidate’s failure to file campaign disclosure statements, 147.8 register of candidates, 147.221 third party election advertising return, 182 local political parties. See political parties, local Local Political Parties and Slates Regulation , 147.25 lodge accommodation. See also institutional voting station in definition of supportive living facility, 1(z.2) institutional vote, 80(2)–(2.1), 80(4) marking of ballot, 62 medical treatment centres. See also institutional voting station in definition of treatment centre, 1(z.3) institutional vote, 80(2), 80(4) meeting places expenses in definition of campaign expense, 147.1(1)(a) Mental Health Act , 1(z.3) mental health treatment centre. See also institutional voting station defined, 1(z.3) institutional vote, 80(2), 80(4) not in definition of supportive living facility, 1(z.2) Metis settlement in definition of prohibited organization, 147.1(1)(f) Minister defined, 1(s) authority on bylaws on election matters, 160(2) elector eligibility, proof, 53.02 first election in new local jurisdiction, 8(1)–(2.1) guidelines for identification of third party advertising, 179 for return on third party election advertising, 182(5) for third party advertising, 162(7) improvement district elections, 4 insufficient nominations, 31(4) notice of election by acclamation to Minister, 34(2) powers of, 6 regulations for local political parties and slates of candidates, 160.2 special area elections, 4 statement of nominations from returning officer, 28(8–9) statement on election results to Deputy Minister for bylaw or question, 96(4) for candidates, 97(4) website documents, guidelines on third parties, 162(7), 179(1), 182(5) minors in voting compartment, 55(4) misleading statements. See false or misleading statements mobile home park access for campaigners, 52, 156 modifications of procedures, 5 money bribery offences, 116 in definition of contribution, 147.1(1)(c) Municipal Government Act corporation in definition of prohibited organization, 147.1(1)(f) definitions under, 1(ee)(i), 1(g), 1(k)(i), 1(r), 1(s), 1(v)(i) methods of notification under, 158.1 municipalities. See also local jurisdiction defined city, 21(0.1) in definition of local jurisdiction, 1(r) in definition of permanent electors register, 1(t.11) in definition of prohibited organization, 147.1(1)(f) names on ballots, 42–43 newspapers. See advertising nominations. See also candidates bylaws on criminal record check, 21.1 on location to receive nominations, 28(1)–(1.2) criminal record check, 21.1, 27(1)(e), 28(4)(c.1), 28(6.2) deposit, 27(1)(d), 28(4)(d), 29–30 employee of municipality, 22(5) expenses of less than $2,000 in aggregate, 147.22(3) ineligibility for, 22–23 insufficient nominations, 31 nomination for one office only, 23 notice to jurisdiction of nomination intention or nomination, 147.22–147.221 qualifications of candidates, 21, 21.1 receipt of, 14(1)(f), 28(1)–(3) register of candidates, 147.221 statement of insufficient nominations to Minister, 31(4) statement of nominations to Minister, 28(8–9) summer village, 12(c)–(e), 12(g), 12(h), 31(3) time to receive, 28(1)–(1.2) withdrawal campaign disclosure statements, 147.53 deposit refund after, 30(2)(c) of nomination, 32 of nomination in summer village, 12(g) nomination day defined nomination day, 1(s.1) date, 25 hours and locations for receiving nominations, 28(1)–(1.2) hours extended due to insufficient nominations, 31(1)–(3) notice of nomination day, 14(1)(e), 26, 158.1 returning officer notice to minister of candidates, 28(8–9) notice to public of candidates, 28(10) rejection of forms, 28(4) to sign forms, 28(5) time for withdrawal, 32 nomination forms candidate information, 27, 28(6.1) code of conduct compliance, 27(1)(c) confidentiality, 28(6.1) contents, 27(1–1.1), 28(6.1) criminal record check, 21.1, 27(1)(e), 28(4)(c.1), 28(6.2) delivery of, 100(1) deposit with form, 27(1)(d), 28(4)(d), 29–30 election by acclamation, 34 eligibility of elector to nominate, 27(1), 27(3) financial accounts and institutions, 27(1.1) inspection by public, 28(6), 34(3), 100(2)–(3) joint elections, restrictions, 2(4), 3(5) notice of change in information on, 27(1.2–1.3) notice to jurisdiction of nomination intention or nomination, 147.22 number of signatures, 27(1), 27(2) official agent information, 27(1)(c), 28(6.1) person responsible for, 28(2) records location, 27(1.1) redacted or partial forms, 28(1), 28(6.2), 100(3) retention of, 34(4), 100(1.1) returning officer to receive, 14(1)(f), 28(1)–(1.2) rejection of forms, 28(4) retention of forms, 28(7) to sign, 28(5) ward system elector as nominator, 27(3) nominator. See eligibility of elector to nominate non-monetary contribution. See also campaign contributions conversion into money, 169(2) in definition of campaign expense, 147.1(1)(a) third party advertising, 169(2) use of goods in subsequent election, 147.1(4) non-profit organizations in definition of prohibited organization, 147.1(1)(f) notice offences and penalties for interference, 153 posting in voting stations disclaimer, 144(3) institutional vote, 82(2) languages other than English, 45(3) relocation of voting station, 37(2) notice, matters administrative penalty by Election Commissioner, 193, 203 advance vote, 74, 158.1 application for controverted election, 130 application for injunction, 200(3) application for quo warranto to contest election, 128 compliance agreement, 196, 197, 199 death of candidate, 33(2) election by acclamation, 34(2) election day, 14(1)(h), 35, 82(2), 158.1 filing of documents in controverted election, 129 institutional vote, 82(2) instructions for electors, 45 insufficient nominations to Minister, 31(4) investigation by Election Commissioner, 192, 200 nomination day, 26, 158.1 nomination intention or nomination, 147.22–147.221 nominations, 14(1)(e) recount by judicial order, 104–105 recount by returning officer, 98.2 relocation of voting station, 37(2) voting station relocation, 37 witness to attend, 123 nursing home. See institutional voting station oaths. See also statements administration of, 20 order for inspection of ballots, 102(2) returning officers, 16(1) time of oath after first election, 8(4) objection to ballot in ballot box by candidate or agent or scrutineer, 87 to rejection of ballot by deputy, 86(2) offences and penalties. See also Election Commissioner administrative penalties by Election Commissioner, 193–195, 201 advertising prosecution time limits on third party, 186 third party advertising, 193–195, 201 unauthorized distribution of advertising on election day, 152 ballots and ballot box fraudulent removal from voting station, 148(1)(c), 148(7) interference, 148(1)(b), 148(1)(d), 148(7) order for inspection of ballots for evidence of offence, 102 printing marked ballot, 148(5), 148(7) unauthorized supply, 148(1)(a), 148(7) bribery defined, 1(c), 116 action for, limitation, 124 actions constituting offences, 116 evidence of, 119 forfeiture of elected office, 120 judge's report to secretary, 122 penalties for, 121 recovery of penalties, 125 campaign finance, 147.81–85, 193–195, 201 administrative penalties, 193–195 candidate’s failure to comply with duties, 147.83 candidate’s own funds (s. 147.2), 147.82 contributions not belonging to contributor (s. 147.24), 147.82 Election Commissioner’s orders, 201 expenses more than maximum (s. 147.34), 147.85 failure to file amended statement, 147.84 failure to file disclosure statement, 147.84 failure to pay deficit, 147.84 failure to pay penalties, 147.84 failure to pay surplus, 147.84 prohibited organization or person, 147.82 prosecution time limits, 147.81 compliance agreements, 196–199 contravention of regulations, 160(1)(d) by election officials, 149, 150(1), 150(7), 150(9) employee voting time, failure to provide, 58, 155 false statements in candidate's acceptance, 151 general penalties, 157 improper appointment, 154 improper communication (s. 78), 55(3) improper use of electors information, 158 interference or obstruction access for campaigning, 52 with ballot boxes or ballots, 148(1) campaign activities at a voting station, 152.1 with inquiries, investigations, or examinations, 148(3.1) interference with electors, 150 with posted documents, 153 with provision of time to vote, 155 undue influence, 117, 121 investigations by Election Commissioner, 191, 193–195 order for inspection of ballots, 102 perjury, 123(3) political parties, local, 160.1(1)(l), 160.1(4) prosecution consent of Chief Electoral Officer for, 202 for contradictory evidence, 123(3) for failure to comply with compliance agreement, 198 impact of compliance agreements on, 196(6)–(7), 197(2), 198 for perjury, 123(3) time limits on campaign finance offences, 147.81, 186 transitional provisions, 194 undue influence defined, 1(aa) action against, limitation, 124 evidence of, 119 forfeiture of seat for, 120 judge's report to secretary, 122 offences constituting, 117 penalties, 121 recovery of penalties, 125 officer. See also deputy returning officer; deputy returning officer, presiding; returning officer defined, 1(t) official agents defined, 1(t.1) access to residences for campaigning, 52, 156 appointment of, 68.1(1)–(1.1) ballot account signatures by, 89 ballot objections, 87 counting of votes, attendance, 85–85.1 duties and powers, 68.1(4) elector with disability, agent not to be present at vote, 78(6) eligibility, 68.1(2)–(3) institutional vote attendance, 81 nomination form information on, 27(1)(c) offences and penalties advertising distribution on election day, 152 secrecy violations, 150 as persons at voting stations, 67 recount by judicial order, 106(1), 108(3) recount by returning officer, 98–98.2 regulations for identification of, 159(2)(c) special ballot electors list provided to, 77.1(4) voting stations not to be present in candidate or scrutineer’s presence, 69(3)–(3.1) observation locations, 69(5) substitute for candidate’s scrutineer, 69(4) validity in presence at voting station, 69(6) Ombudsman, Office of the employees as candidates for councillor or trustee, 22(1.11), 22(5.2)–(6) omissions. See errors and omissions order after invalid election, 138(1), 138(2)–(3) controverted elections, 139–142 inspection of ballots, 102 Ministerial powers, 6 reducing disqualification as trustee, 24(3)–(4) organizations. See employee organizations; trade unions organizing events. See also fund-raising functions for campaigns; fund-raising functions for third party advertising organizing events in definition of election advertising, 162(3)–(4) pamphlets. See advertising parent of candidate ineligible as returning officer, 13(3) parties, local political. See political parties, local parties, third, for advertising. See advertising, third party; third parties peace officer assistance on election day, 15, 152.1(5) penalties. See Election Commissioner; offences and penalties perjury prosecution for, 123(3) permanent electors register, 49. See also elector register defined, 1(t.11), 49 agreements with Chief Electoral Officer, 49(2) computer-based systems, 49(4) copy of electors register for other elected authority, 49.1 information about electors, 49(5) birth date, 49(5)(e), 49(6) gender, 49(5)(d), 49(6) mailing address, 49(5)(a) name, 49(5)(b) public or separate school resident, 49(5)(g) residential address, 49(5)(a) telephone number, residential, 49(5)(c) offences and penalties re use of information, 158 proof of elector eligibility, 53(1), 53(6) revision of, 91.1 secrecy, 49(6)–(8), 158 sources of information, 49(1)–(3), 91.1 special ballot eligibility, 77.1, 77.1(5), 77.21(5) summer villages, 49(3.3) personal property. See also campaign contributions in definition of contribution, 147.1(1)(c) phone calls in definition of election advertising, 162(1)(d) identification of third parties, 179 on voting participation, 162(1)(d) physical disability. See disability, elector with physical placards. See advertising police officer assistance on election day, 15, 152.1(5) political advertising by third party. See advertising, third party; advertising, political political parties, local, 158.3–160.2 defined in definition of campaign expense, 147.1(1)(a) in definition of endorsed candidate, 147.1(c.1) local political party, 1(r.1) administrative penalties, 160.1(m) ballot information, 158.3(3)(c) candidates, 158.3(3) compliance with regulations, 158.3 Lieutenant Governor in Council regulations, 160.1 local jurisdiction not to prohibit or restrict authorized parties, 158.3(3) Ministerial regulations, 160.2 not to be organizations affiliated with registered parties, 158.3(2) persons or organizations prescribed in regulations, 158.3(2) registered party under Canada Elections Act, 158.3(2) registered party under Election Finances and Contributions Disclosure Act, 158.3(2) slate, 158.3(2) offences and penalties, 160.1(1)(l), 160.1(4) transfers between parties and endorsed candidates, 147.25 posters. See advertising posting in voting stations. See also voting stations disclaimer, 144(3) instructions for electors, 45 languages other than English, 45(3) notice of institutional vote, 82(2) relocation of voting station, 37(2) post-secondary institutions, public in definition of prohibited organization, 147.1(1)(f) prescribed form defined, 1(t.2) presiding deputy returning officer. See deputy returning officer, presiding printing of ballots, 41 names on ballots, 42–43 privacy in voting compartments, 38(1), 55, 67(3). See also secrecy private schools. See independent schools procedure modifications, 5 prohibited organization. See also advertising, third party defined in definition of individual or entity, 193(1) prohibited corporation, 162(1)(j) prohibited organization, 147.1(1)(f) administrative penalties, 193–195 campaign finances not to contribute to candidate, 147.2(1) not to contribute using other contributors, 147.24 restrictions on advertising contributions and expenses, 167 ineligibility for third party registration, 163 regulations for designations, 160(1.01) prohibitions. See Election Commissioner; offences and penalties promises bribery offences, 116 promotional material in definition of campaign expense, 147.1(1)(a) proof of eligibility to vote. See elector eligibility, proof prosecution. See also offences and penalties consent of Chief Electoral Officer for, 202 for contradictory evidence, 123(3) disclosure of information, 203–204 for failure to comply with compliance agreement, 198 impact of compliance agreements on, 196(6)–(7), 197(2), 198 for perjury, 123(3) time limits on campaign finance offences, 147.81, 186 Provincial Health Agencies Act , 1(z.3) Public Inquiries Act powers of Election Commissioner, 191(2) Public Service Employee Relations Act in definition of Alberta trade union, 1(a.2) publication. See advertising qualifications of candidates. See also disqualification; nominations defined city, 21(0.1) criminal record check, 21.1, 27(1)(e), 28(4)(c.1), 28(6.2) eligible to vote, 21(1) not disqualified, 21(1) residency, 21 question, voting on. See bylaw scrutineers; voting on bylaw or question quo warranto application for, 123(2)(a) application in nature of, to contest election, 127 application of order in nature of, 119 service of application for controverted election, 130 real property in definition of contribution, 147.1(1)(c) receipts for advertising contributions by third parties, 177 for campaign contributions, 147.32, 147.3(1)(e) for delivery of ballot box and ballot account, 94 for nominations, 14(1)(f), 28(1)–(3) recess at judicial recount, 109 recognizance for controverted election, 127(2)–(3) recount by returning officer, 98–98.2 application for recount, 98 correction of ballot account, 98.2(2) decision of returning officer, 98.1(1) eligible applicants, 98(1), 98.1(2) equality of votes, 98.2(6)–(7), 99 notice to candidates, official agents and scrutineers, 98.2(1) preliminary recount, 98 procedure for recount, 98.2 reasons for recount, 98(1) securing election documents, 98.2(1)–(2) time for completion, 98.2(3)–(5) time for notice, 98.2(1) time to apply, 98.1(3), 98(2) ward system, 98.2(8) recount by judicial order, 103–115 alternative voting equipment, prohibited, 84 application for, 103(1) appointment of time and place, 105 bylaw vote recount, 103–110, 112–115 certification of recount, 112 costs, 113–114 equality of votes, 111 examination of ballots by judge, 108 judicial recount statement, 110 lost or destroyed boxes, 110(3) notice of application, 104 notice of appointment for recount, 105 objections to ballots, 108 order for inspection of ballots, 102 persons permitted to attend, 106 procedures for recount, 107–108 recess during recount, 109 secrecy of vote during recount, 107(2) void ballots, 108(2) recovery of penalties for bribery or undue influence, 125 re-election after disqualification as trustee, 24 Referendum Act , 11(3) refund candidate's deposit, 30(2)–(3) registered charity defined, 1(t.4) donation of campaign surplus, 147.5, 147.53, 147.84 ineligibility for third party registration, 163(6) registered party in definition of prohibited organization, 147.1(1)(f) registered third party. See also advertising, third party; third parties defined registered third party, 162(1)(k) third party, 162(1)(l) registers of candidates, 147.221 registers of third parties. See Registrar for Third Party Advertising registers of voters. See elector register; permanent electors register; special ballots Registrar for Third Party Advertising. See also advertising, third party applications for registration, 162.3(1.1–1.3) appointment of, 162.1 cancellation of registration, 164 confidentiality, 203–204 defined, 162(1)(k.1) denial of registration, 163(5)–(5.2) disclosure, 203–204 duty to refer complaints and report acts or omissions, 205 filing of third party advertising return, 182 late filing, 184 not liable for removal of advertising, 179 notice by third parties of changes to information, 163(8)–(9) notice of refusal with reasons, 163(7) processing of applications, 163(7) public inspection of register, 163(2.1) register of third parties, 163(2)–(3) website third party election advertising return, 182(6) regulations definition, prescribed form, 1(t.2) election regulations, by Lieutenant Governor in Council, 160(1)–(1.1) expense limits for election advertising, 165(1), 188 invalid election, regulations by Minister, 138(4) matters not in Act, by Lieutenant Governor in Council, 159(1) offences and penalties for contravention, 160(1)(d) standards and compliance, 160(1)(a.1), 160(1.1) time limit, 159(1) Regulations Act election due to invalid election, exemptions from Act, 138(4)–(5) exemptions from, 6, 160(4) relative assist elector with disability to vote, 78(3) relevant Minister defined, 1(v) reprimand, letter of, 193–194, 203(3) residences access for campaigners, 52, 156 of campaign contributors, 147.2 of candidates, 21 of elector, 47–48 elector with disability voting at home, 79 eligibility to vote, 47–48 information in permanent electors register, 49(5) interference with access, offences and penalties, 52 offences and penalties for interference with access, 156 rules of residence, 48 of signators to nomination forms, 27(1), 27(3) summer village requirements, 12(b), 12(h) resignation disclaimer as, 144(2) municipal employee declared elected, 22(9), 22(11)–(12) time for resignation prior to nomination on same elected authority, 23(2) respondent. See also disclaimer defined, for controverted election, 127(1) controverted election hearing, 137 invalid election, 138 plurality of respondents in controverted election, 132 returning officer. See also deputy returning officer; deputy returning officer, presiding; notice; recount by returning officer defined, 1(w) acclamation declaration, 34 administration of oaths, 20 advance vote days and hours, 73(6) advance voting stations, 75(1)–(1.1) appointment of returning officer, 13 appointments by, 14(1)(a) ballot form and wording for vote on bylaw or question, 44(2) ballot printing, 41 bylaw scrutineers, appointment, 70(1) calculation of votes on bylaw or question, 96(2) costs for invalid election, liability for, 139–140 delegation of duties by, 14(3), 14.1 delivery of ballot box and ballot account to, 39(1), 94 delivery of disclaimer to, 144(3) delivery of election material to secretary, 100 disclosure to and by Election Commissioner, 203–204 duties and powers, 14, 28.1 duty to refer complaints and report acts or omissions, 205 election results for bylaw or question, declaration of, 96 election results for candidates, declaration and statements, 97 elector with disability, assistance at home, 79 electors list preparation, 79(3)–(4) filing nomination with, 28 impartiality of, 13.1 ineligible individuals, 13(3) institutional votes, duties, 80–82 nomination day notice, 26 nomination forms, records retention period, 28(7) nomination papers, safekeeping of, 34(4) notice of advance vote, 74, 158.1 notice of election, 35, 158.1 notice of nomination day, 158.1 notice to minister of candidates, 28(8–9) notice to public of candidates, 28(10) oath of office, 16(1) offences and penalties improper appointment, 154 improper use of information, 158 interference with posted documents, 153 secrecy violations, 150 wilful contravention or omission, 149 as party to controverted election, 135 public examination of nomination forms, 28(6) recount by returning officer, 98–98.2 rejection of nomination forms, 28(4) same number of votes, duty to draw lots, 99 secretary deemed as, 13(2) signing of nomination form, 28(5) special ballots, duties, 77.1–77.3 substitute deputy or constable appointment by, 18 substitute returning officer, 13 voting stations designated by, 14(1)(b), 37 withdrawal of candidate, 32 review engagement defined, 147.1(1)(f.1) filed with campaign disclosure statement, 147.4(5–6) Rules of Court . See Alberta Rules of Court safekeeping election materials, 100 at judicial recount, 109 nomination forms, retention period, 28(6–7) nomination papers, acclamation, 34(4) safety risks. See emergencies same number of votes. See equality of votes School Act . See Education Act school board defined in definition of elected authority, 1(k)(ii) in definition of prohibited organization, 147.1(1)(f)(vi) school board, 1(w.01) school division in definition of local jurisdiction, 1(r) in definition of permanent electors register, 1(t.11) school trustees. See trustees scrutineers. See also bylaw scrutineers; candidate's scrutineers defined, 1(w.1) seal, deputy's ballot box for elector with disability voting at home, 79(6) ballot box in advance voting stations, 75(3) recount by returning officer, 98.2 sealing and display of ballot box, 40 securing election documents, 93 secrecy confidentiality of information, complaints, and allegations, 203–204 delivery of marked ballot, 63 duty to provide information, 204 in judicial recount, 107(2) in legal proceedings, 56, 123(4), 203–204 offences and penalties failure to maintain, prohibition and penalties, 150(1), 150(6)–(9) improper use of electors information, 158 permanent electors register, 49(6)–(8) special ballot elector's identification documents, 77.2(3), 77.21 (3)–(6) of vote, 55, 67(3) voting compartment privacy, 38(1), 55, 67(3) secretary. See also notice defined, 1(x) assistance to returning officer, 19 ballot box provisions by, 39(1) controverted election, production of election materials, 134 custody of election material, 19(1)(b) deemed returning officer, 13(2) delegation of duties by, 19(2) delivery of election material to, 100 destruction of ballot box contents, 19(1)(b) disclosure to and by Election Commissioner, 203–204 disposition of election materials, 101 duplicate disclaimer to, 145 duties of, 19 election results for candidates, statements, receipt of, 97(4) improper use of electors information, offences and penalties, 158 inspection of ballot account and nomination papers, 100(1.1)–(3) insufficient nominations notice to Minister, 31(4) judge's report of bribery or undue influence convictions, duty to record, 122 order for new election after invalid election, duty to conduct, 138(3)–(4) permanent electors register, duty to prepare, 49(1)(a), 49(3) recount by judicial order, 104, 105, 106(1), 112 safekeeping of election material, 100(1.1) safekeeping of nomination papers, acclamation, 34(4) statement of vote results to, 96(4) secretary of a school board defined, 1(x) security. See safekeeping self-employed individuals advertising contributions, 162(2) Senate elections, 11(3) senior citizens, facilities for. See also institutional voting station in definition of supportive living facility, 1(z.2) institutional vote, 80(2), 80(4) services in definition of contribution, 147.1(1)(c) sibling of candidate ineligible as returning officer, 13(3) signatures on ballot account, 89 election results for candidates, declaration and statements, 97(3)–(4) on nomination forms, 27 slate. See also political parties, local defined, 1(x.1) in definition of campaign expense, 147.1(1)(a) social functions as fund-raisers. See fund-raising functions for campaigns; fund-raising functions for third party advertising solicitation at voting station offences and penalties, 150(3)–(4), 150(9) solicitors disclaimer delivery to, 143 judicial recount attendance, 106(1) summons of witness by, 123(1)(a) special area, elections in, 4 special ballots, 77.1–77.3 defined completed special ballot package, 77.2(1) application for ballot contents, 77.1(2.4) methods for applying, 77.1(1.1)–(2.1) time period, 77.1(2.1) ballot account, 88 completed special ballot package, 77.2(1), 77.2(5) copy of identification documents, 53, 77.2(3), 77.21 (3)–(6) counting of votes, 77.21(7)–(8), 85–85.1 disclosure of elector information to candidates, agents, and scrutineers, 77.1(4) drop boxes and central collections, not to be used, 77.21(1) elector in or not in permanent electors register, 77.1(1)–(1.1), 77.1(5) eligibility for, 77.1(1)–(1.1) envelopes, 77.2, 77.21 Jasper residents, 48.1(7) procedure modifications, 5 procedures for processing ballots, 77.21(3)–(9), 85–85.1 receipt of ballot packages ballots not returned, 77.21(10), 88(1)(i.1) drop box or central collection not allowed, 77.21(1) late ballots, 77.3, 77.21(10) rejected or questionable ballots, 77.3, 77.21(6) resolutions for application methods, 77.1(2)–(2.1) late ballots, 77.3 for time of receipt of ballot packages, 77.2(6), 77.21(10) securing election documents, 93 signatures, 77.2, 77.21 special ballot box delivery to deputy officer, 77.21(7) one box for local jurisdiction, ward or subdivision, 77.21(9) processing procedures for ballots, 77.21(7)–(9), 85–85.1 sealed ballot envelopes, 77.21(5) special ballot elector register, 77.1(3)–(4), 77.21 summer villages, 77.1(5) time application for special ballot, 77.1(2.1) for arrival of ballot at voting station, 77.2(6) late ballots, 77.3 voting procedures for electors, 77.2 witnesses, 77.2(3)–(4) wording of bylaw or question on ballot, 77.2(2) spoiled ballot defined, 1(z) ballot account to include, 88(1)(k), 88(2)(k) packets of ballots, 91 replacement, 65 spouse or adult interdependent partner eligibility to vote, summer villages, 12(b)(iii) spouse or adult interdependent partner of candidate ineligible as returning officer, 13(3) standards compliance under regulations for, 160(1)(a.1), 160(1.1) statements. See also oaths defined prescribed form, 1(t.2) constables, 16(2) deputy officers, 16(2) election results for candidates, declaration and statements, 97 elector with disability at voting station, 78(2), 78(4) false statements in candidate's acceptance, offences and penalties, 151 false statements, prohibition and penalties, 148(4), 148(7) friend or relative of elector with disability at voting station, 78(3)–(4) interpreter's, 72(2) judicial recount statement, 110 requirement for, 16(2) scrutineers, 16(2), 70(5), 71 securing election documents, 93 vote results to Minister by returning officer, 96(4) substitute deputy or constable, 18 substitute returning officer appointment of, 13 ineligible individuals, 13(3) powers and duties, 13(4) special ballot, duties, 77.1–77.3 summer village election day, 12(a) elector eligibility, 12(b) nomination day, insufficient nominations, 31(3) nominations for councillors, 12(c)–(e), 12(h) nominations for councillors, by-election, 12(e) permanent electors register, 49(3.3), 77.1(5) special ballot eligibility, 77.1(5) time limit for nomination withdrawals, 12(g) validation of identity by another person, 53(4.1) voting hours, 12(f) supportive living facility. See also institutional voting station defined, 1(z.2) institutional vote, 80(2), 80(4) surety to contest election, 127(4)–(5) surplus, campaign. See campaign contributions; campaign disclosure statement surplus funds, advertising accounts. See advertising, third party surveys, election in definition of campaign expense, 147.1(1)(a) tabulators of votes, prohibition, 84 technology, voting alternative voting equipment, prohibited, 84 telephone calls. See phone calls term of office after election, 9 after first election, 8 general term of office, 10 terminal, elector assistance. See elector assistance terminal third parties. See also advertising, third party defined candidate not in definition of, 162(1)(l) in definition of individual or entity, 193(1) registered third party, 162(1)(k) third party, 162(1)(l) administrative penalties, 193–195, 201 cancellation of registration disposition of advertising account funds, 183 failure to file advertising election return or report, 164(2) filing of reports, 164(4) funds, 164(3) late filing, 184(3) by local jurisdiction, 164(2) by third party, 164(1) identification of third parties on advertising, 179 ineligible for third party registration ineligible parties, 163(6) injunctions by Election Commissioner, 200 investigations by Election Commissioner, 191 Minister guidelines for identification, 179(1) Ministerial guidelines, 162(7) records retention, 185 registration of third parties with local jurisdictions, 163–164 contents of application form, 163(3) denial of registration, 163(5)–(5.2) governing body resolutions to approve registration, 163(4) ineligible parties, 163(6) with local jurisdiction and the Registrar, 163(2) notice by third parties of changes to information, 163(8)–(9) notice of refusal with reasons, 163(7) processing of applications, 163(7) public inspection of register, 163(2.1) register of third parties, 163(2)–(3) when to register, 163(1) restrictions on advertising contributions and expenses, 167 third party election advertising return, 182 threats as undue influence, 117. See also undue influence tied votes. See equality of votes time. See also dates; hours advance vote, 73(5)–(6), 74 commencement of action for bribery or undue influence, 124 to contest election, 128(1) controverted election, intervention, 136 delivery of disclaimer, 143 disclosure of results of a count, 85.1(7) disqualification as trustee, time lapse after, 24 election day for institutional votes, 81 election material disposition, 101 election results for candidates, announcements or posting, 97(2) elector with disability voting at home, 79(1)–(2), 79(5) employee's voting time, 58, 155 fiat for application for controverted election, 127(2) forfeiture of seat and nomination eligibility for bribery or undue influence, 120 inspection of ballots, 102(3)(a) inspection of nomination papers, 34(3) judicial recount, 103(1), 104 nomination day notice, 26 notice of nomination day, 158.1 receiving insufficient nominations, 31(1)–(3) receiving nominations, 28(1)–(1.2) receiving nominations in summer villages, 12(c)–(d), 31(3) recount by returning officer, 98–98.2 regulations, time limit, 159(1) resignation of office, 23(2) retention of nomination materials, acclamation, 34(4) service of notice of application to contest election, 130 special ballot application, 77.1(2.1) term of office, 8–10 voting after closure of voting station, 46(4) voting hours on election day, 46 voting subdivision boundary alterations, 36(1) withdrawal of candidate, 32 withdrawal of nomination in summer villages, 12(g) trade unions. See also advertising, third party; offences and penalties defined Alberta trade union, 1(a.2) in definition of group, 162(1)(h) in definition of individual or entity, 193(1) trade union, 1(z.21) administrative penalties, 193–195, 201 campaign finances contributions not belonging to contributor, 147.24, 176 limitations on contributions, 147.2 offences and penalties, 147.82 restrictions on advertising contributions and expenses, 167 third party advertising advertising contributions, additional rules for groups, 170 advertising contributions and expenses, 170(c) eligibility for third party registration, 163(6) offences and penalties, 187, 201 registration as third party, procedures, 163 third party election advertising return, 182 transitional provisions defined former Act, 158.2(1) by-elections, 158.2 offences and penalties, 194 political advertising, 188.1 voting on questions or bylaws, 158.2 treatment centre. See also institutional voting station defined, 1(z.3) institutional vote, 80(2), 80(4) not in definition of supportive living facility, 1(z.2) trials. See controverted election trustees. See also campaign disclosure statement; finances and contributions disclosure; transitional provisions defined candidate, 1(e.1), 147.1(1)(b.1) elected authority, 1(k) school board in definition of prohibited organization, 147.1(1)(f)(vi) trustee, 1(z.4) administrative penalties, 193–195 campaign finances application to candidates, 147.1(1)(b.1), 147.12 contribution limits, 147.2 failure to file disclosure statement, 147.8 limitations on contributions to, 147.2, 193(2)(a) responsibilities re contributions, 22(1.4), 147.2(6)–(7) candidates criminal record check, 21.1, 27(1)(e), 28(4)(c.1), 28(6.2) eligibility, 22–23 leave of absence for employees, 22(1.1), 22(1.11), 22(5.1), 22(6) notice of nomination intention or nomination, 147.22–147.221 Ombudsman office employees as candidates, 22(1.11), 22(5.2)–(6) register of candidates, 147.221 residency requirements, 21 entry in elector register for ballot receipt, 59 first elections, 8 names on ballots, 42–43 offences and penalties, transitional provisions, 147.94(6), 147.96(6) re-election after disqualification as trustee, 24 residency requirements for electors, 48(2)–(3) separate ballot, 42 unauthorized campaign contributions, 22(1.4), 23.1, 147.23, 175 undue influence defined, 1(aa) action against, limitation, 124 evidence of, 119 forfeiture of seat for, 120 judge's report to secretary, 122 offences constituting, 117 penalties, 121 recovery of penalties, 125 unforeseen circumstances. See emergencies unincorporated organization registration as third party, ineligibility, 163 unions. See trade unions vacancy disclaimer causing, 144(2) insufficient nominations to fill, 31(4) term of office, 9(2) validity. See also controverted election bylaws, 161 in presence of official agent, scrutineer or candidate, 69(6) volunteers defined services not in definition of advertising contribution, 162(2)(a) services not in definition of contribution, 147.1(1)(c) eligibility for elected office, 22(4)(m) vote recorders, prohibition, 84 voter identification. See elector eligibility, proof voter registers. See elector register; permanent electors register; special ballots votes and voting. See also special ballots alternative voting equipment, prohibited, 84 bribery offences, 116 calculation of election results on bylaw or question, 96(2) counting of votes, 85–85.1 declaration of results on bylaw or question, 96 deemed voting, 64 by deputies and constables, 83 election results for candidates, declaration and statements, 97 eligibility to vote, 47 eligibility to vote, residence rules, 47–48 eligibility to vote, summer villages, 12 employee's voting time, 58, 155 equality of votes after recount by judicial order, 111 equality of votes after recount by returning officer, 98.2(6)–(7), 99 excess votes on ballot, void, 86(1)(b) explanation by deputy of voting method to electors, 61 fiat for application for controverted election, 127 forfeiture of right for removing ballot, 68(2) interpreter for language other than English, 72 invalidation in controverted election, 137(2) Ministerial powers, 6 number of persons voting, ballot account to include, 88 one vote only, 57 one vote only; more than one vote, prohibition and penalties, 148(2), 148(7) same number of votes, 99 voting after closure of voting station, 46(4) voting hours, 46 when not entitled to, prohibition and penalties, 148(3), 148(7) voting compartments. See also voting stations for elector with disability, 78(5.1) materials, 38(2) minors with electors, 55(4) privacy, 38(1), 55, 67(3) voting eligibility. See elector eligibility, proof voting equipment, prohibition on alternative, 84 voting locations. See elector assistance at home; institutional voting station; special ballots; voting stations voting on bylaw or question. See also bylaw scrutineers; controverted election defined in definition of election advertising, 162(1)(d), 162(3)–(4) in definition of election advertising period, 162(1)(e) in accordance with Act, 7 ballot account, 88(2) ballot form and wording, 44 ballot marking, 62(b) bribery offences, 116 calculation of election results on bylaw or question, 96(2) costs for invalid election, 139–140 counting of votes, 85–85.1 declaration of results, 96 election advertising period for third parties, 162(1)(e) election day, 11(1)(b) election results, number of votes, 95 entry in elector register for ballot receipt, 59 invalid election, 138(2) Ministerial powers, 6 notice of advance vote, 74 notice of vote on, 35 one vote only, 57(3) recount by judicial order, 103–110, 112–115 recount by returning officer, 98–98.2 secrecy of vote, 55–56 special ballot information on, 77.2(1) third party election advertising return, 182 transitional provisions, 158.2 voting registers. See elector register; permanent electors register voting stations. See also institutional voting station defined, 1(cc) advance voting stations, 75 ballot account to include, 88(1)(b), 88(2)(b) ballot taken out of voting station, prohibition and penalties, 148(1)(c), 148(7) bylaw for more than one station per subdivision, 37(3) bylaw on, 37(3) bylaw scrutineers in, 70 certificate in elector register, 90 compartments for elector with disability, 78(5.1) minors with electors, 55(4) privacy, 38(1), 55, 67(3) voting materials, 38(2) elector to leave after voting, 63(3) elector with disability, assistance at home, 79 elector with disability, assistance at voting station, 78 establishment, 14(1)(b) location of, 37 observation positions of persons at, 67(2)–(3), 69(5), 70(4) offences and penalties advertising on election day, 152 campaigning on election day, 152.1 interference with notices, 153 persons at, restrictions, 67, 69(3)–(3.1), 70(3) posting in voting stations disclaimer, 144(3) instructions for electors, 45 languages other than English, 45(3) notice of institutional vote, 82(2) relocation of voting station, 37(2) presiding deputy, 14(1)(c) relocation of, 37 removal of ballots from voting station, prohibition, 68 removal of person from, 15 secrecy of vote, 55, 67(3) voting after closure of voting station, 46(4) voting hours, 46 work site, 47(3) voting subdivisions defined, 1(dd) alterations to boundaries, 36(1) ballot account to include, 88(1)(b), 88(2)(b) ballot packet to show, 92(d) establishment, 36 more than one voting station, 37 voting station location, 37 wards and ward system.

See also voting subdivisions defined, 1(ee) advance voting stations, 75(1.1)–(2) counting of votes, 85–85.1 general election provisions, 6 Ministerial powers, 6 recount by returning officer, 98.2(8) residency qualifications for candidates, 21 signators on nomination forms, 27(3) as voting subdivisions, 36(2) websites Chief Electoral Officer disclosures, 203 notice of compliance agreement, 199 local jurisdictions application for special ballot, 77.1 campaign disclosure statements, 147.4(7) candidate’s failure to file campaign disclosure statements, 147.8 register of candidates, 147.221 third party election advertising return, 182 Minister’s guidelines on third party advertising, 162(7), 179(1), 182(5) withdrawal by candidate campaign disclosure statements, 147.53 by candidate, 32 death of candidate, 30(3), 33 refund of deposit, 30(2)(c) in summer villages, 12(g) witnesses, 123 answering of question as duty of, 123 contempt of court, 123(1) to disposition of election materials, 101 names in application for controverted election, 129 self-incrimination, 123(2) summoning by solicitor, 123(1)(a) writ of enforcement costs in controverted elections, 142(2) costs in judicial recount, 114