Opposition parties call for removal of returning officer

Controversy continues in Calgary-Montrose as the Alberta Liberals and NDP raise questions about a possible conflict of interest involving the riding's returning officer.

The Conservative government appointed Lynn Warkentin in December to be the returning officer in the northeast riding.

Her husband, Frank, is the chair of the Progressive Conservative party's nomination committee in Calgary-Montrose — a connection, the two opposition leaders say, that warrants the removal of Warkentin from her post.

'There's a potential for a conflict of interest, and I think the returning officer should step aside.' —Alberta NDP Leader Brian Mason

"There's very close ties between the local returning officer and the PC association [in Calgary-Montrose]," said Alberta Liberal Leader Kevin Taft.

"It's wrong. There should not be ties between returning officers and any political party."

Returning officers hire poll workers and ensure election rules are followed. In the rare event of a tie vote, they can actually cast a ballot to break a deadlock.

"This is, by its nature, a position that should be politically neutral," said Lisa Young, a political scientist at the University of Calgary.

Government appoints returning officers

No one is criticizing Warkentin for doing a bad job, but many are concerned about the public's perception.

NDP Leader Brian Mason said returning officers should be appointed by Elections Alberta, not the government.

The legislation that allows the government appointments states returning officers cannot be politically active while in that position — but does not say anything about before or after elections, he said.

"The legislation is far too loose in the first place," said Mason. "There's a potential for a conflict of interest, and I think the returning officer should step aside."

'People can say what they want to say. I have no comment.' —Lynn Warkentin, returning officer

Taft said he plans to write to Alberta's chief electoral officer about the situation in Calgary-Montrose.

"It's like having the referee in a [Calgary] Flames game on the payroll of the opposing team," he said.

However, neither Mason nor Taft could point to an example of a returning officer acting in anything less than an impartial way in recent years.

No conflict-of-interest rules for returning officers

When asked to comment about the concerns raised by the opposition parties, Warkentin told CBC News: "People can say what they want to say. I have no comment."

The Tories would not comment on the situation or say why Warkentin was selected for the job.

"I can't comment on any allegations or speculation," said Jacqueline Roblin, spokeswoman for Elections Alberta. "We don't have any of those facts before us. They're all allegations and speculation."

Roblin said there are no specific rules about conflicts of interest for returning officers, but if it's proven that the officer is not impartial or is not following the rules, he or she can be removed by the chief electoral officer and fined $500.

Calgary-Montrose mired in controversy

On the federal level, the Conservative government's Accountability Act turned over the appointment of returning officers from the government to the chief electoral officer in December 2006.

The northeast riding of Calgary-Montrose has seen much unrest in recent months. The Tories had to appoint a candidate in Montrose after the local riding association refused to hold a nomination meeting because of a prolonged legal dispute with its own party.

Hung Pham, the previous Conservative MLA in Calgary-Montrose, announced in January he was quitting politics, saying he was disenchanted with the way the Tory party handled the fight with the constituency.