Judge rejects NDP court challenge to Alberta's restricted voter list ahead of October 19 referendum

A Court of King's Bench judge has rejected an NDP challenge to Alberta's new restrictions on voter information, clearing the way for the province to keep detailed voter lists away from all political parties until new legislation passes.

Justice John Gill ruled Thursday that the UCP government acted within its authority in implementing the restrictions last month. The rules now limit what registered political parties can access to only the number of registered voters in each voting area and municipality — removing names, addresses, phone numbers, and identification numbers that parties previously received.

The NDP argued the restrictions would harm their ability to communicate with voters and properly scrutinize the ballot count for the October 19 provincial referendum on separation. The party also contended the government overstepped its authority by using regulation rather than legislation to make the changes.

Gill disagreed on both counts. The NDP could use billboards and social media to reach voters, the judge noted, and the party had received a detailed voter list last year it could still use. Voter lists are not legally required for scrutineers monitoring referendum counts, Gill added.

The government implemented the restrictions following a privacy breach in late April, when the separatist Centurion Project improperly published a searchable list containing millions of Albertans' personal information. Elections Alberta initially provided the list to the Republican Party of Alberta, a registered political party. That breach remains under investigation by Elections Alberta, RCMP, and the provincial privacy commissioner.

NDP executive director Heth Wilson said the party will not appeal the decision. Wilson criticized the government for taking months to act after the breach and noted that to date, no one involved in the breach has faced penalties. She also alleged the regulation was implemented only after the government's Calgary-Shaw byelection loss, suggesting it was designed to help separatist allies.

Premier Danielle Smith countered that protecting voter information after a privacy breach should be non-partisan. Justice Minister Mickey Amery said the NDP "cannot claim to stand for privacy one day and then fight voter privacy protections in court the next."

The government's regulation expires at year-end. The UCP plans to introduce legislation in the fall session to better protect voter list information.