Tag Archives: Elections Act

Premier Rachel Notley rallies her NDP Caucus MLAs before the start of the fall legislative sitting on Oct. 30, 2017. (photo by Chris Schwarz/Government of Alberta Flickr)

When is Alberta Election 2019? What We Know versus Speculation

What we know:

The last provincial General Election was held 3 years, 7 months, 2 days ago on May 5, 2015.

According to Section 38.1(2) of the Elections Act, a general election should be held between March 1 and May 31, and in the same three-month period in the fourth calendar year thereafter. This means that the next general election will likely be held between March 1 and May 31, 2019. This fixed election period was introduced in the Election Amendment Act passed on December 6, 2011.

Election campaign periods in Alberta last 28 days. Section 39 (d) of the Election Act states: “the 28th day after the date of the writ is the day on which voting is to take place, or if the 28th day is a holiday, the next following day not being a holiday.” There are a number of statutory and religious holidays that fall in this fixed election period when an election day would not be held: Good Friday is April 19, Easter Monday is April 22, and Victoria Day is May 20.

In accordance with our parliamentary system of government, the Elections Act also states that nothing in the law “affects the powers of the Lieutenant Governor, including the power to dissolve the Legislature, in Her Majesty’s name, when the Lieutenant Governor sees fit.” This means that Lieutenant Governor Lois Mitchell could issue a writ of election and dissolve the Legislative Assembly whenever she is asked to do so by Premier Rachel Notley. It would be highly irregular for a Lieutenant Governor to deny a Premier’s wish to issue a writ of election.

Speculation:

There are a number of factors that could impact when exactly the election is called.

One major indicator of a party’s readiness for an election is the number of candidates they have nominated. As of today, the New Democratic Party has nominated 31 candidates in 87 districts, meaning that party will need to nominate a majority of its candidates in the first few months of 2019 in order to be prepared for a spring election. The United Conservative Party currently has nominated 74 candidates in 87 districts and will have almost an entire slate of candidates nominated by the end of 2018.

Whether the NDP will recall the Legislative Assembly in the spring of 2019 to present a Throne Speech and introduce a budget before calling an election is unknown at this point. The recent session of the Assembly, which ended on Thursday, December 6, 2018, is widely considered to be the last session in which a serious legislative agenda would be implemented. But it is not uncommon for governments to call an election immediately after tabling or passing a budget, and then using that budget as a de-facto campaign platform. 

In 2015, Premier Jim Prentice called an election twelve days after a 16 days session which ended with the tabling of a provincial budget. And Premier Alison Redford called the election five days after the MLAs voted to approve that year’s provincial budget.

Tabling a provincial budget before calling an election could be a double-edge sword for the NDP in 2019.

Using a budget as its re-election platform would allow the Notley government to highlight its continued investments in health care, education, and public transportation like Calgary’s Green Line and Edmonton’s west LRT expansion, and contrast its plan with the expected slash and burn budgets that would be introduced under a UCP government led by Jason Kenney. But unless there is a big change in Alberta’s economic situation (and the international price of oil), any budget presented by the NDP in 2019 would likely have a significant deficit. While both the NDP and UCP have said they would plan to run budget deficits for the next few years, it would draw unwanted attention to an issue that is not seen as the NDP’s strength.

But whether or not a budget is tabled before the election, Finance Minister Joe Ceci is still required by the Fiscal Planning and Transparency Act to publicly release a Fiscal Update and Economic Statement on or before February 28, 2019.

Elections Alberta will release the first quarter financial disclosures of fundraising by Alberta’s political parties in mid-April 2019. And if the UCP continues dominating in the fundraising field, the NDP may want to avoid a round of news coverage about how they have been out-fundraised by its main conservative opponent.

A shrewd calculation related to when the election is held could be related to when voters of certain demographics are likely to be in Alberta and have easy access of voting stations. Calling an early election could limit the ability of vacationing snowbirds to cast their ballots in the election. Polls have suggested that the UCP has a considerable lead over the NDP among voters over the age of 65. 

On the other end of the demographic spectrum, calling an early election in 2019 would ensure that university and college campuses are in session when the election is held. Polls suggest that the NDP have stronger support among younger and university educated voters. Mobilizing the student vote could make a difference in a number of electoral districts currently represented by the NDP, including Calgary-Currie, Calgary-Mountain View, Calgary-Varsity, Edmonton-Centre, Edmonton-Riverview, and Lethbridge-West.

Delay the election to late 2019 or early 2020?

Notley said publicly in 2017 that she intends to follow both the spirit and letter of Alberta’s fixed-election-date legislation. But as we all know, circumstances sometimes change in politics. 

There might be a backlash of public opinion, like the Progressive Conservative government faced when it called an election one year early in 2015, but the NDP do have the ability to wait until Spring 2020 to call the next provincial election. Alberta’s Election Act fixes the period to every four years, but the Charter of Rights and Freedoms says otherwise. 

According to Section 4. (1) of the Charter of Rights and Freedoms, “No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

The decision to delay the next general election beyond Spring 2019 could have drastic electoral consequences for the NDP, but if the party already sees its chances of re-election as slim, as most polls suggest, it might be convinced to take the gamble. Waiting until late 2019 or early 2020 could mean the election could be held after the start of construction of the Trans Mountain Pipeline expansion and as the economy continues to recover from the drop in the international price of oil in 2014.

Delaying until 2020 would also give Notley an opportunity to campaign against Prime Minister Justin Trudeau in the expected October 2019 federal election. This would give Notley an opportunity to create some distance between herself and Trudeau, who had allies on the climate change file before their political relationship broke down over the Trans Mountain Pipeline expansion delays.

Delaying the election would have unclear consequences for Third Party Election Advertisers.

The Election Finances and Contributions Disclosure Act currently states these groups, commonly known as Political Action Committees, are limited to spending $150,000 province-wide on election-related advertising between December 1 in the year before an election and election day. This legislation was passed under the assumption that the fixed-election period would be honoured. If the election is delayed until past spring 2019 and the post-December 1 limits continue to be implemented, the ability of PACs to advertise during the election would be severely limited.


Today on 630CHED I joined Ryan Jespersen, Catherine Griwkowsky, and John Brennan to talk about the latest news in Alberta politics, including when the next election might be held.

You’ll be surprised who is on Elections Alberta’s list of banned candidates

A ruling by Court of Queen’s Bench Mr. Justice William Tilleman has lifted a ban imposed on past election candidate Jamie Lall, allowing him to run in the next provincial election if he chooses. Section 57 of Alberta’s Election Act allows the Chief Elections Officer to deem an individual as prohibited from being nominated as a provincial election candidate for a period of eight or five years if they fail to file the proper financial statements with Elections Alberta following the election.

Hugh Sommerville

Hugh Sommerville

Before changes were made to Alberta’s elections laws in 1983, the head of Elections Alberta had the authority to rule individuals indefinitely ineligible to stand for provincial office if they failed to submit their financial returns on time. Three individuals are still listed as being indefinitely ineligible to run as a candidate.

“These things can happen when you’re 22 years old, and get talked into running,” wrote Hugh Sommerville in an email to the publisher of this website. The respected Drumheller-based lawyer was surprised to learn that 38 years after he stood as a provincial election candidate, he is still listed by Elections Alberta as being indefinitely ineligible to run again.

Sommerville has been elected to the board of the Law Society of Alberta and was appointed to the Alberta Health Services Board of Directors in 2015, but in 1979 he ran as a candidate for the New Democratic Party in the Three Hills constituency. He earned 222 votes.

Jamie Lall PC Chestermere Rocky View

Jamie Lall

“I ended up being ineligible because my campaign spent absolutely no money, and my campaign manager left the province for employment in Saskatchewan without filing papers to say that,” Sommerville wrote. “I was working in Fort McMurray at the time, and my mail was being sent to the family farm. By the time I actually received notice that my campaign manager had neglected to file, I was already on the naughty list,” he wrote.

The other two past candidates listed as indefinitely ineligible are Claire Williscroft, another NDP candidate in the 1979 election, and Barry Cook, an Independent candidate in the 1982 election.

“I suppose I should look into whether it is possible to get my name off the list after 38 years,“ Sommerville wrote, noting that he has no intention of running in any future provincial election.

As for Lall, he is now a member of the United Conservative Party but says he is not sure if he will run in the next provincial election, expected to be held in 2019.

UPDATE: Sommerville has been removed from the list.


Included on the list of individuals prohibited from running or serving as chief financial officers until May 9, 2024, are Edmonton City Council candidates Tony Caterina and Rocco Caterina. The senior Caterina, Tony, ran as a Progressive Conservative the 2015 election, and his son Rocco, served as his chief financial officer.

Tony Caterina told Metro Edmonton in June 2016 that he filed his financial disclosures, but was unable to retire an $11,000 deficit he incurred during the campaign.

When is the next Alberta election?

Alberta Legislature 2014

With the governing Progressive Conservatives selecting their new leader in September 2014, there is growing suspicion that Albertans could be going to polls sooner than expected. While Alberta’s next strange “three-month fixed election period” is not until 2016, a loosely written law may allow the next premier to trigger an early election.

According to Section 38.01(2) of the Elections Act, the next election should take place between March 1 and May 31, 2016, but under 38.01(1), the Lieutenant Governor retains the authority to dissolve the assembly and call an election when he sees fit. This would typically occur when a government loses confidence of the Assembly or when the leader of the government asks him to do so (it would be highly irregular for the Lieutenant Governor to deny this request).

By my reading, what the Elections Act really says is that the next election must be held by May 31, 2016, but it could easily be held before that date. And I bet it will be.

An election in 2015

An early election would allow the next PC Party leader to seek a new mandate from Albertans, highlight new candidates and purge his caucus of deadwood and troublesome MLAs. With expected growth in resource revenues next year, it will be very tempting for the PCs to call an election after tabling a cash-rich provincial budget in Spring 2015.

An early provincial election could also conveniently rid the PCs of three potentially embarrassing by-elections in constituencies soon-to-be vacated by MLAs seeking federal party nominations (these MLAs are Len Webber in Calgary-Foothills, David Xiao in Edmonton-McClung, and Darshan Kang in Calgary-McCall).

A Jim Prentice By-Election

If the next PC leader is Jim Prentice, who currently has endorsements from 45 of 58 PC MLAs, a by-election would need to be held to provide the new Premier with a seat in the Assembly. In the past, when a party leader does not have a seat in the Assembly, a sitting MLA has resigned in order to trigger a by-election.

When Premier Don Getty was chosen as PC leader in October 1985, Edmonton-Whitemud PC MLA Robert Alexander resigned so that the new premier would win a by-election in December 1985. Mr. Getty later won a May 1989 by-election after he was unseated in the March 1989 General Election.

The Social Credit Party formed government in August 1935 without its leader on any ballot. Seatless Premier William Aberhart ran and won a by-election in November 1935.

Wild rumours suggest that Mr. Prentice could wait until the next election to win a seat, perhaps running against popular Liberal MLA David Swann in Calgary-Mountain View (where Mr. Prentice was defeated in the 1986 election). But it is unlikely that he would wait that long or risk challenging a popular incumbent.

It is more likely that Mr. Prentice would follow tradition and quickly seek to run in a by-election. It is plausible that former Premier Alison Redford would resign as MLA to trigger a by-election in Calgary-Elbow.

Opposition Parties gearing up

The Wildrose Party already has candidates preparing to contest nominations across the province. The party has attracted an early high profile candidate in Sherwood Park, where former Strathcona County mayor Linda Osinchuk has announced she will seek the Wildrose nomination. In anticipation of an upcoming by-election, retired Colonel John Fletcher is seeking the Wildrose nomination in Calgary-Elbow.

The NDP will nominate candidates Shannon Phillips in Lethbridge-West and Chris Nielsen in Edmonton-Decore on June 17, 2014. The NDP was the first party to nominate a candidate for the next election months ago when Lori Sigurdson was chosen in Edmonton-Riverview.

While no Liberal candidates have been officially nominated, MLAs Laurie Blakeman, Kent Hehr and Mr. Swann have all indicated they plan on running in the next election.

To keep track of party nominations, I have compiled a list of official and unofficial candidates planning to stand in Alberta’s next provincial election. Please feel free to contact me if there are additions to the list.