CASUAL LEGAL:It’s the Most Wonderful Time of the Year … Election Time.

It’s the Most Wonderful Time of the Year … Election Time.

By Kelsey Becker Brookes

Reynolds Mirth Richards Farmer LLP

AMSC Casual Legal Service Provider

Albertans will cast their votes in municipal elections on October 18.

While the responsibility for running a fair election, which complies with the relatively strict requirements of the Local Authorities Election Act (the “Act”), rests with the Returning Officer and deputies, candidates are also well-served to possess a working knowledge of the rules and procedures. 

Ideally, all individuals interacting with potential electors will be able to knowledgeably discuss the time and location of advance voting stations, the time and location of voting on Election Day, elector eligibility and proof of elector eligibility.

To be eligible to vote in a municipal election, a person must be: 18 years of age; a Canadian citizen; have resided in Alberta for six months immediately preceding Election Day; and reside in the area on Election Day.

Residence is governed by the following rules:

• A person may be a resident of only one place at a time for the purposes of voting.
• If a person has more than one residence in Alberta, they must designate one place of residence as their permanent residence.
• A residence is the place where the person lives and sleeps and where they intend to return following an absence.
• A person does not lose the person’s residence by leaving the person’s home for a temporary purpose.
• A person will lose their place of residence if they leave without the intention of returning to their residence within the area.

In addition, a student who attends an education institution within or outside of Alberta, temporarily rents accommodation for the purpose of attending an education institution, and has family members who are resident in Alberta with whom the student resides when not attending the education institution, is deemed to reside with those family members in Alberta rather than the student’s temporary rental accommodation.

If a person has more than one residence in Alberta, they are deemed to have designated one place of residence as their permanent residence by the address shown on their drivers’ license, the address shown on their income tax correspondence, and the address to which their mail is addressed and delivered (in order of priority).

Before being permitted to vote, electors must sign a statement confirming their eligibility to vote in the General Election and show acceptable identification validating their identity and the address of their residence.

Many an election challenge has rested on elector eligibility. Ensuring electors can easily access the information they need to determine their eligibility will help maximize voter turnout and, hopefully, reduce disruptive challenges to elections. Candidates, deputies, and returning officers are encouraged to review the Act and the sections particular to elector eligibility, rules of residence and proof of elector eligibility.

To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca (casuallegal[at]amsc[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] auma.ca (riskcontrol[at]auma[dot]ca), or call 310-AUMA (2862) to speak to AUMA’s Risk Management staff. Any Regular or Associate member of the AUMA can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.