Alberta's chief electoral officer warns proposals in Bill 54 will hurt investigations

Alberta's chief electoral officer is warning the government that proposed legislation will impair the election commissioner's power to investigate election rule breaking.

A controversial bill introduced last month, if passed, will make sweeping changes to voting and referendums in the province, and is making its way through debate in the legislature.

In documents sent to Justice Minister Mickey Amery and all legislature members Friday and obtained by The Canadian Press, chief electoral officer Gordon McClure warns that some changes in the bill will reduce the election commissioner's ability to investigate and enforce compliance with election law, including financial contribution rules and limits.

A summary of concerns attached to the email says one of the bill's proposed changes would significantly reduce the time period for Elections Alberta to impose sanctions after alleged misconduct occurs — to one year from three.

"None of the significant investigations undertaken by the elections commissioner in the last five years would have been completed if this reduced time period had been in place. Several current investigations will not be completed," the document says.

It adds that Elections Alberta doesn't even receive most complaints about financial compliance within a year because of various financial reporting timelines.

McClure writes that some of the bill makes improvements, but other changes "will deteriorate the service provided to electors, compromise Albertans' trust in the democratic process, and remove elements of transparency and accountability."

The summary says the bill will also introduce a new threshold for investigations, putting the onus on a complainant to "provide a substantively completed investigation" before the election commissioner can even start looking into a complaint.

"We are not aware of any other jurisdiction in Canada that has imposed a similar standard to initiate investigations," it says, noting that move would eliminate the majority of compliance work by the election commissioner.

And, if the bill passes, it would force the election commissioner to defend their decisions as a "quasi-prosecutor" before the courts if they are appealed, the document says.

McClure points to further concerns about the elimination of vote anywhere provisions, the removal of vouching for voter identification, and the change to timelines associated with special ballots.

Amery said in a statement Friday all of the bill's proposals are meant to "protect our democracy, deliver fair and open elections, and restore confidence in every vote cast by Albertans."

Amery did not directly address McClure's concerns, nor did he say if he would consider walking any portion of the legislation back.

"Alberta's government consulted with Elections Alberta," he said, adding if the bill passes, Elections Alberta will have the resources it needs to comply.