Dispute over dates, CFO's illness blamed for missed deadline: Mandel lawyers

In court documents, lawyers for Alberta Party Leader Stephen Mandel lay out their case forwhy his five-year ban on running for public office should be overturned.

Mandel raises questions about the date used to calculate the deadline he missed for filing an expense report, about when his documents were received by Elections Alberta, and about other mitigating circumstances resulting in the late filing.

In an interview with CBC news, Mandel said the legislation covering deadlines and penalties is too rigid, and doesn't offer any flexibility.

"They make mistakes too," he saidreferring to Elections Alberta.

"You know no one's perfect. We believeour dates and our timing would be reasonable. We hope the court looks at it that way as well, and we hope to be successful."

The leader of the Alberta Party is asking the courts to overturn a five-year ban by Elections Alberta, which would prevent him from running in the coming spring election.

Mandel calls the NDP government's efforts to get so-called "dark money,"out of politics an "overly zealous approach to democracy," and one that doesn't take into consideration special circumstances such as illness.

Under new legislation passed by the NDP government, there are more stringent reporting rules for political candidates starting at the nomination stage.

Mandelbelieves increased reporting and registration ofnew parties and nominationshas swamped Elections Alberta staff.

"Maybe they (government) should give some of the money on climate change to Elections Alberta so they can do their job properly," he said.

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Brian Heidecker, Mandel'scampaign chief financial officer, has been bannedfrom acting as a CFO for the same five-year period.

Elections Alberta said the sanctions resulted from failing to file a candidate nomination expense report by the prescribed deadline. Mandel and Heidecker were eachassessed a $500 fine.

Mandel'slawyers are asking the court to overturn the sanctions. The application will be heard in Edmonton Court of Queen's Bench on Feb. 22.

Dispute over deadline date

Mandel'snomination contest to represent the Alberta Party inEdmonton-McClungwas on May 12, 2018.

Elections Alberta maintains the deadline to file the paperwork was Sept.12, 2018, followingrequirements of the Election Finances and Contributions Disclosure Act.

ButMandel's lawyers argue the nomination contest wasn't concluded until later that summer, pushing the actual filing deadline to Nov. 23, 2018.

The court documents filed on Mandel's behalf also point to a series of interactions between Mandel's administrative staffand Elections Alberta that indicate the expense report was sent electronically by Alberta Party staff on Sept. 24, 2018 within an extended grace period granted by Elections Alberta.

But further documents indicate the report wasn't stamped and received by the chief electoral officer until Sept. 27, 2018, after the deadline passed.

Sudden illness

There is also an affidavit from Heidecker, whose job it was to file the paperwork.

In it, Heidecker says he's never missed a filing deadline as a campaign CFO through eleven elections.

A sudden and severe stress-related illness, according to Heidecker, emerged last summer and caused him to leave his duties.

"I began feeling seriously unwell. I was having great difficulties sleeping and experienced problems concentrating and reading at work," Heidecker saysin the affidavit.

"My incapacity and inability to work during this period of illness was the reason that I was unable to complete and file Mr. Mandel's return by the CEO's filing deadline."

Political staffers and "various" Alberta Party officials stepped in to cover the workthat Heidecker said he was unable to complete because of his illness.