Tag Archives: Elections Act

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.


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.