Suspected Alberta Election Act violation by Mr. Paul Hinman in the Sept. 14th Calgary-Glenmore by-election

Sept 15th, 2009

Subject: Suspected Alberta Election Act violation by Mr. Paul Hinman in the Sept. 14th Calgary-Glenmore by-election

To: Mr. Drew Westwater

Director, Election Operations and Communications, Elections Alberta

cc: Ms. Lori McKee-Jeske, Acting Chief Electoral Officer, Elections Alberta

cc: Mr. Marc Mayrand, Chief Electoral Officer, Elections Canada

I am a Calgarian living in the electoral district of Calgary-Glenmore and I, like many other Calgarians, cast my vote in the Sept. 14th by-election in Calgary-Glenmore.

I have never doubted Elections Alberta’s ability to administer open, fair, and impartial elections until yesterday.

I was honestly shocked when I saw Mr. Paul Hinman and his agents actively campaigning and greeting voters at two different polling stations in possible violations of Alberta Election Act (section 135), after being warned it is illegal the first time.

Here are links to two videos I recorded of Mr. Hinman campaigning at polling stations in Calgary-Glenmore,

1) Mr. Paul Hinman campaigning at Nellie McClung Elementary School polling station at around 2:43pm (greeting and shaking voters hands).

2) Mr. Paull Hinman campaigning at Louis Riel School polling station at around 6:28pm.

While Mr. Hinman was campaigning at Nellie McClung Elementary School, I’ve been informed that Mr. Hinman was told by Elections Alberta officials that campaigning at polling stations were not allowed and Mr. Hinman left as a result.

The surprising thing to me was that Mr. Hinman was later found campaigning *again* at a different polling station, this time at Louis Riel School polling station at around 6:28pm, with another of his agent.

It lead me to question if political candidates and their agents in Alberta are actually above the law? Or if the Alberta Election Act is simply a powerless piece of “decorative paper” that candidates can totally disregard without any meaningful consequence or punishment?

May I know what is the penalty for breaking election law like what I suspect Mr. Hinman might have done yesterday? If there is a fine or punishment, is it meaningful enough that offenders cannot simply take it as “cost of election“? Small enough that some illegal street racers can treat the few hundred dollars fine in speeding tickets as a “cost of city street racing“?

The irony is that Mr. Hinman is now MLA-elect for Calgary-Glenmore and is joining a legislative body that is supposed to draft and update laws! Including laws like the Election Act which he and his agents seemed to have willfully broken.

I have copied Ms. Lori McKee-Jeske, Acting Chief Electoral Officer, Elections Alberta and Mr. Marc Mayrand, Chief Electoral Officer, Elections Canada for their information and in hope their collective wisdom may assist in this matter.

Please kindly acknowledge and confirm receipt of this official complain to Elections Alberta.

And I look forward to hearing form you and reading the investigation report of the suspected Election Act violations by Mr. Hinman.

Please also kindly advise what will the appeal process be if I find I am unable to agree with Elections Alberta’s investigation report and/or decision.

Best Regards,

Kempton Lam

Calgary-Glenmore

P.S. Mr. Westwater, I am cautiously optimistic after reading what you said to Calgary Herald, Sept 14,

“You cannot talk to electors at the poll in any circumstance, whether they’re lined up inside or outside the school or wherever it is located,” Westwater said, adding that campaigning is also not allowed at entranceways or parking lots outside polling stations.

I will reserve my judgement until I read Elections Alberta’s official investigation report and decision.

P.P.S. The content of this post has been sent to the three recipients as an email and posted here as an open letter for the record.