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Photo Credit: The Canadian Press
By Shane Clausing
recall legislation

UCP government introduces recall legislation for elected officials

Mar 15, 2021 | 3:30 PM

The United Conservative government has tabled recall legislation, Bill 52: The Recall Act, which would allow for Albertans to initiate a process that could lead to the removal and replacement of elected officials.

“In the last election, we committed to the most dramatic democratic reform in Alberta history,” explained Premier Jason Kenney. “To make it clear that at the end of the day ordinary Alberta voters are the boss in our democracy.

“And if they lose faith in their elective representatives, they can hold them to account in between elections.”

The newly introduced legislation would not just impact provincially elected officials, but also holds members of local offices, like Mayors, Reeves, Councillors, and school board officials, accountable for their actions.

“Local property owners and voters deserve the same kind of accountability from their local Mayors, Councillors and Reeves,” said Kenney. “This is an important step forward in our broader democratic reform agenda. I’m proud of this important step forward to strengthen democratic grassroots accountability in Alberta,”

The process for removing MLA’s, Municipal Officials and School Board Officials would vary:

MLA’s:

For MLA’s, an eligible Alberta voter can begin the process to have an MLA recalled no sooner than eighteen months after an election and no later than six months before the next general election.

In order to begin the process to remove an MLA, an Albertan can apply to the Chief Electoral Officer for a petition to recall that elected official.

If the application is approved, the Albertan would have a maximum of 60 days to gather signatures from 40 per cent of eligible voters from the riding. Canvassers from the same riding are also allowed to assist the applicant in gathering signatures.

When signatures are gathered, the petition must be submitted to the Chief Elected Officer who will ensure the signatures are valid.

If the petition is successful, a recall vote will be held to determine if the elected official should be recalled. If the vote is successful by majority, the official would cease to hold office and a by-election would be held.

Municipal Officials:

In order for the removal of a Municipal Official, an Albertan would need to notify the Chief Administrative Officer (CAO) and give them notice of their intent to begin a recall petition.

If the person is eligible to vote in the election and meets all other requirements, the CAO would publish a notice of petition on the municipalities website.

The petitioner would then have 60 days to gather 40 per cent of signatures that represents 40 per cent of the population of the municipality or ward.

If successful, the CAO would make a declaration of the successful petition and the official would be removed from office.

School Board Officials:

For a school board official to be removed from office, an Albertan petitioner would have 120 days to gather 40 per cent of signatures from eligible voters. If the petition is successful, the official would be removed from office.

The petitioner trying to remove an official from office would be responsible for all costs associated with gathering the required number of signatures. Contributions can be made towards their petitions.

There will be limits on how much Albertans and third-parties, like political action committees, can spend on promoting or arguing against the petition to recall an MLA, and guidelines on how the donated money must be spent. These limits will be included in the regulations

Should the legislation pass, the bill is expected to be brought into law later this year.

The next provincial election is in April of 2023, while the next municipal and school board elections will happen in October of this year.

by Shane Clausing