Court of Queen’s Bench – daveberta.ca – Alberta Politics and Elections

Friday Night Bombshell: Stephen Mandel and 5 Alberta Party candidates ineligible to run as candidates in 2019 election

This is not the kind of thing any political party wants to deal with an election call only weeks away.

Alberta Party leader Stephen Mandel and five of the party’s candidates and their chief financial officers have been deemed ineligible to run as candidates or serve as CFOs in the 2019 election. The decision from Elections Alberta includes a 5-year ban from seeking provincial political office or serving in a CFO role.

The decision impacts Mandel, who was nominated in Edmonton-McClung, Rachel Timmermans in Calgary-Lougheed, Ali Haymour in Edmonton-Decore, Diana Ly in Edmonton-Gold Bar, Amrit Matharu in Edmonton-Meadows, and Moe Rahall in Edmonton-Castle Downs.

Mandel became leader of the centre-right Alberta Party in February 2018. He previously served as Mayor of Edmonton from 2004 to 2013 and as the Progressive Conservative MLA for Edmonton-Whitemud and Minister of Health from 2014 to 2015.

The ban also applies to Mandel’s CFO, Brian Heidecker, who previously served as CFO for numerous PC Party candidates and for Doug Griffiths’ campaign during his 2011 bid for that party’s leadership.

Sources in the party tell me this decision was a result of missed deadlines or improperly submitted paperwork filed by the candidates and their CFOs with Elections Alberta following their nomination meetings.

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 required statements with Elections Alberta. (In September 2017, I wrote about some other past candidates who were included in this list).

The party’s lawyers are planning to challenge the Elections Alberta decision at the Court of Queen’s Bench.

If the court overturns the Elections Alberta decision, this is still a pretty embarrassing situation. But if the court does not overturn the ban, the Alberta Party may be scrambling to find a new leader with only a few weeks before an election call.

NDP CFO on the banned list

Also recently included on the list is the New Democratic Party‘s Director of Operations Will Gammon, who serves as Chief Financial Officer for 9 of the party’s nominated or soon-to-be nominated candidates and 18 of the party’s registered constituency associations. Gammon’s appearance on the list appears to a result of his role a CFO for Innisfail-Sylvan Lake by-election candidate Nicole Mooney, who is also now ineligible to run as a candidate for the next 5 years.

Former PC Party MLA Steve Young, who was unsuccessful in his bid to win the United Conservative Party nomination in Edmonton-Glenora, and Shaun Collicott, who lost a bid for the UCP nomination in Edmonton-Rutherford, are also on the banned list.

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.

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.