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No charges after voter fraud probe into 2017 UCP leadership race: Alberta RCMP

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Alberta RCMP announce there will be no charges following a probe into potential voter identity fraud in the 2017 United Conservative Party leadership race that saw former premier Jason Kenney elected leader. Kenney makes his way to the podium to introduce his leadership team in Edmonton, Monday, Oct. 30, 2017. THE CANADIAN PRESS/Jason Franson

EDMONTON — Alberta RCMP won't lay criminal charges following a multi-year probe into alleged voter identity fraud in the 2017 United Conservative Party leadership race that saw former premier Jason Kenney elected leader.

Although investigators found up to 200 problematic votes in the election that saw about 60,000 ballots cast, RCMP Supt. Rick Jane said Friday there wasn't enough to lay charges of identity theft against any specific person. 

“The Alberta RCMP determined that there were suspected instances of potential fraud, however there was insufficient evidence to charge any suspect,” Jane told reporters at a news conference.

He also said there was no evidence any leadership candidate orchestrated any fraud.

"We didn't find evidence of a co-ordinated effort involving the entire leadership campaign. I'm not going to comment on whether any of the individuals taking advantage may have known each other."

United Conservative Party spokesman Dave Prisco welcomed the findings.

"We welcome the closure of this matter, which has concluded without the need for any further action and found that the vote's outcome was unaffected," he said in an email.

The investigation was launched after Kenney won the race to become leader of the party created from the merger of Alberta’s two conservative rival parties — the Progressive Conservatives and the Wildrose.

Kenney was leader of the Progressive Conservatives and defeated Wildrose leader Brian Jean and a third candidate, Calgary lawyer Doug Schweitzer.

Kenney went on to become premier when the UCP won the 2019 provincial election. 

That same year, Mounties began investigating allegations of voter identity fraud.

Party members had voted by phone or electronically after receiving PINs from submitted email addresses.

There were allegations that bogus emails were created for some party members in order to hijack their PINs and vote without their knowledge or consent.

Jane said there was some suspicious behaviour. Investigators spoke with dozens of people who appear on the voting record but say they didn't actually cast a ballot.

But he said investigators were unable to trace who actually cast those ballots. 

As well, there were multiple votes cast from the same phone number or from the same internet provider address. But the data doesn’t show which candidate received which vote and police said it’s not necessarily fraud for multiple votes to come from the same address, since people from the same household could have voted.

The 200 suspicious votes would not have been enough to have tipped the balance in the race. Kenney won with 36,625 votes, which comprised 61 per cent of ballots cast and was almost double that of his closest rival, Jean.

Mounties said the online voting platform was not compromised and that the party and leadership candidates assisted in the investigation, which ultimately cost almost $461,000 in overtime and travel.

Kenney called the findings a "total vindication" and described the accusations as "ridiculous" and made in bad faith. 

"I am pleased that the RCMP investigation into the 2017 United Conservative Party leadership election has been closed, confirming categorically what I have said all along: that there was no wrongdoing on the part of me or my campaign," he posted on social media.

"My own campaign was run in careful compliance with all the rules."

Police also said there would be no charges surrounding the actions of a fourth candidate in the race, Jeff Callaway.

Callaway ran early in the race but later quit to back Kenney. Callaway faced accusations he was never serious about running and signed up to attack and discredit Jean.

Callaway raised $95,000 in financial contributions and police investigated whether he fraudulently raised the money if there was no plan to stay in the race.

“The investigation did not uncover evidence to establish that Callaway, or any other person, committed a criminal offence," said the release.

Jane said Callaway was not charged because he told investigators that if he won, he would have assumed the leadership. 

"We would need clear evidence to allow us to know that there was no intention for a person to take the role of the leader should they win the contest," he said. "We found no evidence that there was not a willingness to take on the leadership role if Mr. Callaway had won the election.

"That is very, very relevant as to whether this would be a fraud."

Callaway called that conclusion a "modest vindication."

"To this day I believe in my platform to bring prosperity to Alberta but given the impact of this cloud over my life that decimated my career, relationships and reputation it brings modest vindication set against the years of media hyperbole," said on a social media post. 

Callaway was fined $70,000 for breaching Alberta's election finance laws. The size of that fine is under review. 

Jane said the RCMP investigation took years because of its complexity and the number of different jurisdictions involved. Email servers, for example, were headquartered in the U.S. 

He said the investigation remained a priority for police throughout.

"We took this serious from Day 1," he said. "We all recognize that no matter how many votes were involved, this strikes at the principle of fair democratic process."

This report by The Canadian Press was first published March 8, 2024.

Bob Weber, The Canadian Press

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