So, a seat is vacated within the Legislative Assembly of Alberta.

Now what?

The Canadian Charter of Rights and Freedoms gives every Canadian citizen the right to vote. Provincial by-elections ensure that residents of each of Alberta's 87 constituencies have the opportunity to elect representation in the event their local MLA resigns, dies, or is disqualified.

By-elections

By-elections are defined in Alberta’s Election Act as “an election other than a general election" and mandates one must be called to fill any vacancy that occurs due to resignation, death, or disqualification of an MLA.

By-elections are not uncommon. For instance, an MLA might resign to run for political office municipally or federally, or as a sacrifice to allow an unelected political party leader to run, or because of a political scandal.

Process

After a vacancy in the Legislative Assembly of Alberta occurs (i.e.: resignation, death, or disqualification), the following events unfold:

1. The Clerk of the Legislative Assembly informs the Chief Electoral Officer at Elections Alberta that a vacancy exists in a particular constituency or constituencies, if multiple vacancies.
2. Elections Alberta directs the Returning Officers for each vacant constituency to issue writs of election.
3. A by-election date is set for 28 days later.
4. The Returning Officer announces unofficial results on the eve of the by-election date.
5. The Returning Officer announces official results within 14 days of the by-election date.
6. Swearing-in ceremony for newly-elected MLA is scheduled by the Speaker of the Legislative Assembly, allowing that individual to officially become an MLA and sit in the Legislature.

By following the dates and timelines included in the Election Act, the maximum amount of time that could pass between the date a vacancy occurs to the date an individual officially becomes an MLA could be as long as eight months (or longer):

• Six months to call the by-election, +
• 28 day writ period, +
• 14 days for official results (and possibly up to 30 days if there is a delay), +
• 8 days for application for judicial recount, +
• 10 days for scheduling judicial recount. 

While it is unusual for the process to take this long, understanding these kinds of political risks are important.

Nuances

While by-elections and general elections are quite similar, there are some important nuances to be aware of.

By-elections do not happen automatically

While the election process is administered by Elections Alberta–an independent, non-partisan office of the Legislative Assembly of Alberta–election dates have and remain somewhat political, including for by-elections.

While Alberta's Election Act includes a fixed general election date (the third Monday in October in the fourth year following a general election), it is not so prescriptive for by-elections. A by-election must occur within six months of a vacancy, unless that vacancy occurs within 12 months of a general election.

Therefore, Premier and Cabinet yield significant political power over the timing of a by-election, and may choose to wait until the last possible moment to 'call a by-election' so as to limit the power and influence of Opposition parties, if such a by-election would create an opportunity for a new leader or important figure to sit in the Legislature and participate in Question Period, among other Legislative responsibilities.

By-elections can be a result of political sacrifice

Since a by-election can only occur following vacancy, it is not uncommon for a a sitting MLA to voluntarily resign to allow their party leader the opportunity to become an MLA if they are not already. Typically, an MLA that represents a constituency that would be considered 'safe' for that political party will make this sacrifice.

This practice is not unique to any one political party–there are several examples of this happening in the past, including:

• 2022 in Brooks-Medicine Hat: MLA Michaela Frey stepped down to create an opportunity for Danielle Smith after becoming leader of the United Conservative Party (UCP).
• 2014 in Calgary-Lougheed, Calgary-West, Calgary-Elbow, and Edmonton-Whitemud: Resignations of four MLAs allowed Premier Prentice and two non-MLA cabinet ministers to secure seats in the Legislature following his Progressive Conservative Party leadership win and appointments of non-elected individuals.

By-elections can be politically important

Aside from the obvious desire to win as many seats in the Legislature as possible (a political necessity to maintain a majority and/or confidence of the Assembly), by-elections may provide important indicators as to how a governing party is performing. While typically not a matter of confidence since governments typically form a majority with some breathing room, a sitting government will want to demonstrate they are on the right track through by-election wins. 

A governing political party that loses a by-election in a 'safe' seat may indicate significant unpopularity, or increased political competition, or raise questions about party leadership.

Alternatively, if an Opposition party has elected a new leader, it is incredibly important for that individual to secure a seat so they can assume full responsibility for their new role and lead their party politically, as well as within the Legislature.

By-elections can reveal internal party dynamics

Since most political parties conduct nomination races to determine who will represent them in each constituency, the nomination process can create barriers and show divisions that may become politically problematic. For instance, the close results of a by-election in Calgary-Greenway in 2016 may have contributed to the idea that the Progressive Conservative Party and the Wildrose Party ought to discuss a merger to become electorally competitive, which eventually did happen in the following years.

By-elections are not as strict as general elections when it comes to government announcements

Whereas during a general election following the dissolution of all 87 seats in the Legislature the government does not make any non-critical announcements, this is not the case during by-elections. While the Election Act does include restrictions on publishing or advertising information about programs or activities that may have a disproportionate impact on voters in electoral divisions in which the by-election is being held, they do have significant latitude to continue strategic communications, unlike during a general election.