Tighter Election Rules, Deepfake Ban

Summary#

• Bill 23 updates several Alberta laws about citizen initiatives, recall petitions, election advertising, “deepfakes,” and public-sector pay disclosure.

• The main goals are to tighten election integrity rules, add oversight to petition checks, and change how the “sunshine list” threshold is set.

• Key changes:

  • Citizen initiative petitions cannot start or continue in the year before a general election, during the campaign, or the year after. Any active petition at those times is ended and treated as unsuccessful.
  • Both initiative and recall petition checks can be watched by a lawyer “scrutineer” for each side. The Elections office must post notices when key petition records are submitted.
  • New ban on making or sharing political deepfakes (AI-altered media) that are likely to mislead voters, with high fines and take‑down orders.
  • Clarifies that ad identification rules apply to content “made available” online, not just content “made through” electronic media.
  • Changes the public-sector pay disclosure threshold to $130,000 for 2026 and ties future increases to public‑sector wage settlements (from 2027). Ends the mid‑year disclosure update.
  • Petition records must be kept for set periods; some previous rules forcing referendums to align with general elections are removed.

What it means for you#

• Voters

  • You should see fewer misleading AI‑generated videos or audio about politicians and election officials. The Chief Electoral Officer can order deepfakes removed and issue fines.
  • Referendums triggered by initiatives are no longer required to be held with the next general election, so timing may vary.
  • You may see public notices online when initiative or recall petitions reach key steps.

• Community organizers and initiative proponents

  • You cannot file a notice of intent or run an initiative petition during three blackout windows: the 12 months before a general election, the election period itself, and the 12 months after. If an election is called during your petition, it ends and is marked unsuccessful.
  • When a petition is terminated, you must stop collecting signatures, return original sheets, destroy copies, and confirm this by affidavit (a sworn statement).
  • A lawyer you hire can observe the Elections office’s signature checks and record notes for possible court review, but must keep information confidential except for legal challenges.
  • The Elections office will post when you submit petition records and will tell you when and where verification happens.

• MLAs and constituents considering recall

  • If a recall petition is filed against an MLA, both the applicant and the MLA may appoint a lawyer scrutineer to watch the verification of signatures.
  • The Elections office must post when a valid recall petition is submitted and notify both sides of verification details.
  • If a recall vote is ordered, the petition is kept until all counts and any court steps are done.

• Political parties, candidates, third‑party advertisers, and publishers

  • You must not create or share deepfakes intended to mislead voters about a listed public figure’s speech or actions, unless that person consented.
  • The Election Commissioner can direct you to stop and destroy deepfakes. Not complying can lead to daily fines.
  • Identification rules for ads apply to content made available online (for example, on websites or social platforms), not just content produced through electronic channels. Ensure sponsor ID appears as required at the start of such content.

• Public‑sector employees and employers

  • “Sunshine list” threshold: set at $130,000 for 2026, with future yearly adjustments tied to average public‑sector wage settlements (starting January 1, 2027). This may change who appears on disclosure lists compared with the old CPI-based adjustments.
  • The mid‑year (June 30) disclosure update is removed. Disclosure continues on the regular annual cycle.

• Property owners and sign installers

  • If a deepfake is displayed on a sign or poster, Elections officials can remove it. They are protected from trespass or damage claims tied to that removal.

• Timing notes

  • Most petition‑process and deepfake rules take effect on Royal Assent or Proclamation as stated in the bill. The new sunshine‑list threshold formula takes effect January 1, 2027.

Expenses#

Estimated annual cost: No publicly available information.

• The bill gives election authorities new duties (notices, oversight, enforcement on deepfakes) but no clear cost estimate is provided.

Proponents' View#

• Protects voters from high‑tech deception by banning misleading deepfakes and enabling fast takedowns with meaningful penalties.
• Adds transparency and fairness to petition checks by allowing scrutineers and requiring public notices of key steps.
• Prevents election‑period confusion by pausing citizen initiatives around campaigns, when voters and officials are already focused on elections.
• Modernizes online ad rules to reflect how people actually see content today.
• Updates the sunshine‑list threshold to a current figure and ties it to public‑sector wage trends, while cutting red tape by ending mid‑year releases.

Opponents' View#

• The initiative blackout covers up to two years plus the campaign period, making it much harder for citizens to launch or finish petitions and wasting volunteer effort if an election is called.
• Limiting scrutineers to lawyers and to one per side at a time could raise costs and restrict broader public oversight.
• Deepfake rules may sweep in satire or legitimate criticism by mistake, and takedown powers plus immunity for sign removal could be seen as overreach.
• Raising the sunshine‑list threshold and changing the inflation measure may reduce pay transparency; ending mid‑year disclosure delays information.
• Removing timelines that tied referendums to general elections could push votes to less visible dates, lowering turnout.