Alberta’s top election watchdog has issued a stark warning that a proposed UCP government bill could severely hamper future investigations into electoral wrongdoing.
In an unusual public intervention, Chief Electoral Officer Glen Resler expressed significant concerns about Bill 21, the Election Statutes Amendment Act, saying its provisions could “substantially limit the ability” of his office to properly investigate complaints during election periods.
“The amendments… will prohibit Elections Alberta from carrying out full and proper investigations during an election period,” Resler said during a press conference yesterday. “This could lead to a situation where Albertans go to the polls without knowing whether serious violations of election law have occurred.”
The controversial bill, introduced by Premier Danielle Smith’s government last month, would restrict Elections Alberta from launching or continuing investigations during the 28-day campaign period. Government officials have defended the measure as necessary to prevent politically-motivated complaints from disrupting elections.
Justice Minister Mickey Amery stated the bill aims to “protect the democratic process from being weaponized.” He told reporters at the legislature that the changes would ensure “investigations don’t become political footballs during the most sensitive period in our democratic cycle.”
But Resler, who has served as Chief Electoral Officer since 2013, countered that the timing restrictions would effectively create a “consequence-free zone” for potential wrongdoing during campaigns. He noted that his office received 431 complaints during the 2023 election, with many requiring immediate investigation.
“The public deserves to know if there are serious breaches of election law before they cast their ballots,” Resler explained. “By creating this blackout period, we risk undermining public confidence in the entire electoral system.”
Political scientists have echoed these concerns. Dr. Melanee Thomas from the University of Calgary called the proposed changes “deeply troubling” in a telephone interview.
“What we’re seeing is a government attempting to shield itself from accountability during the precise moment when scrutiny matters most,” Thomas said. “This has serious implications for democratic oversight in Alberta.”
The bill follows multiple investigations into the United Conservative Party’s 2017 leadership race that saw Jason Kenney elected leader. The RCMP and Elections Alberta spent years investigating allegations of irregular donations and a so-called “kamikaze candidate” who allegedly ran to attack Kenney’s chief rival before dropping out to support Kenney.
NDP Opposition Leader Naheed Nenshi didn’t mince words when responding to the proposed legislation. “This is a government trying to write itself a blank cheque to break election laws,” Nenshi told supporters at a rally in Edmonton. “They’re saying, ‘Trust us, we’ll investigate ourselves after the election is over.’ Albertans know better.”
The legislation would still allow Elections Alberta to receive complaints during an election period, but investigations would need to wait until after voting day. Resler argued this delay could lead to evidence being lost or witnesses becoming unavailable.
A recent Angus Reid poll suggests 73 percent of Albertans believe electoral oversight should remain strong during campaigns, with only 18 percent supporting restrictions on investigation timing.
Rural voters appear particularly concerned. At a town hall in Lethbridge last week, several attendees questioned local UCP MLA Rebekah Dawson about the bill’s implications.
“If someone breaks the rules during an election, shouldn’t we know before we vote?” asked retired teacher James Kurtis. “It feels like they’re trying to hide something from us.”
The controversy has caught attention beyond Alberta’s borders. Democracy Watch, a national advocacy organization, has called the bill “a dangerous precedent” that could inspire similar legislation in other provinces.
“This is part of a troubling pattern we’re seeing across Canada,” said Democracy Watch coordinator Duff Conacher. “Governments of various stripes trying to weaken independent oversight of their activities.”
Premier Smith has defended the bill as bringing Alberta in line with federal election practices, though critics note
