Recall Act
Amended
- Education Act, SA 2012, cE-0.3
- Municipal Government Act, SA 2021, c6
Summary
The Recall Act initiates the process for removing and replacing elected officials, including Member of the Legislative Assembly of Alberta (“MLAs”), municipal officials and school board officials.
For MLAs, 18 months after an election and until 6 months before the next general election, an eligible Alberta voter may begin the process to have an MLA recalled by applying to the Chief Electoral Officer for a petition to recall that elected official.
If the application is complete and meets the requirements of the Act, the Chief Electoral Officer will issue the petition to be used to collect signatures. The petitioner has 60 days to gather signatures from 40 per cent of eligible voters in that constituency. Signatures would be submitted to the Chief Electoral Officer who would ensure the signatures are valid and the petition has met the 40 per cent threshold.
If the recall petition is successful, a recall vote would be held to determine if the elected official should be recalled. If the recall vote is successful by a simple majority, the official ceases to hold office and a by-election would be held.
For Municipal Officials, Albertan may notify the Chief Administrative Officer in their municipality of their intention to start a recall petition. The Chief Administrative Officer would publish a notice of the petition on the municipality’s website, and the petitioner would then have 60 days from the date the petition is published on the website to gather signatures from eligible voters that represent 40 per cent of the population of the municipality or ward. If the petition is successful, the Chief Administrative Officer would make a declaration of the successful recall petition at the next municipal council meeting, and the official would be removed.
For school board officials, Albertans may apply to the secretary of the school board. The petitioner would then have 120 days to gather signatures from eligible voters that represent 40 per cent of the eligible voters in that school district. The official will be removed if the recall petition is successful.
In Force: On Proclamation