Service Alberta Minister Dale Nally breached provincial election law when he improperly accessed confidential voter information during his response to a recall petition, according to an investigation by Elections Alberta.
The investigation, led by Elections Alberta commissioner Paula Hale, found that Nally violated the Election Act by accessing a confidential list of electors "for a purpose not authorized by the Election Act."
However, Nally will face no consequences for the breach. In a letter dated Thursday, Hale noted there was "ambiguity about whether the use of the list would have been appropriate in the circumstances" and closed the file without issuing a reprimand or administrative penalty.
"Instead, Minister Nally was provided advice to support future use of the List of Electors," Hale wrote in her decision letter.
Recall Petition Controversy
The violation stems from Nally's public response to a recall petition launched against him last year. In November, the United Conservative Party politician publicly claimed that Joshua Eberhart, the constituent behind the recall effort, hadn't voted in the previous election and questioned whether that should disqualify the petition.
The Opposition NDP immediately raised concerns about Nally's apparent use of confidential Elections Alberta voter data to make those claims.
The recall petition ultimately failed, gathering only about 2,600 signatures—far short of the 15,700 required to trigger a recall election in Nally's Morinville-St. Albert constituency.
Petitioner Speaks Out
Eberhart said Friday he was unaware a complaint had been filed on his behalf and would have preferred to be involved in the process.
"I understand that there are people out there other than myself who are frustrated with this UCP government and some of the actions that they take, which in this case includes putting voter information out into the public," Eberhart said.
"So I appreciate that other people want to do what they can to ensure that this government is held accountable, but I was a little bit taken aback and do wish that I played a role in the process."
Eberhart also expressed concern about Premier Danielle Smith's handling of the situation, questioning whether she too had accessed his private voter information when she defended Nally in the legislature.
Premier's Defence
At the time of the controversy, Premier Smith defended Nally in the Alberta Legislature, acknowledging he was "mistaken" in claiming the constituent hadn't voted but dismissing opposition calls to strip him of his ministerial responsibilities.
The complaint was filed by Deirdre MacLean, who was not immediately available for comment Friday.
Eberhart said he had planned to file his own complaint but was waiting for financial statements to be processed by Elections Alberta to finalize the recall process.
This article is based on reporting by CBC Edmonton and The Canadian Press. Original reporting by Daniela Germano can be found at CBC News.