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The Local Authorities Election Amendment Act

S.M. 1991-92, c. 13

Bill 19, 2nd Session, 35th Legislature

The Local Authorities Election Amendment Act

(Assented to: July 26, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. L180 amended

1           The Local Authorities Election Act is amended by this Act.

Subsection 5(4) amended

2           Subsection 5(4) is amended by striking out "before the first Wednesday in September", and substituting "on or before the last day on which the list of electors is revised under section 21,".

Subsection 19(1) amended

3           The part of subsection 19(1) preceding clause (c) is repealed and the following is substituted:

Notice of revision

19(1)       On receipt of a list of electors from the enumerator under section 17, the revising officer

(a)shall, where the list of electors is provided under subsection 17(1); and

(b)may, where the list of electors is provided under subsection 17(5);

give public notice that the revising officer will, during 3 successive days, none of which is a holiday and the last of which is before the first Wednesday in September, revise the list of electors

Section 44 amended

4           Section 44 is amended by renumbering it as subsection 44(1) and adding the following after subsection (1):

Documents to be available to public

44(2)       The returning officer shall make a document filed under section 46 available for inspection by any member of the public on request during the times and at the place that nominations are received under subsection (1).

Subsection 46(1) amended

5           Subsection 46(1) is amended by adding the following:

, each of whom shall include his or her address, or the location of property owned by him or her, in the authority.

Section 50 amended

6           The part of section 50 preceding clause (a) is repealed and the following is substituted:

Appointment of official agent

50          After nomination, a candidate may appoint in writing a person to act as his or her official agent to represent the candidate during the election and, during the hours of polling, at polling places; and on appointing an official agent, the candidate shall

Subsection 56(3) rep. and sub.

7           Subsection 56(3) is repealed and the following is substituted:

Ease of access

56(3)       A returning officer shall ensure that, as far as is practicable, every polling place is located in premises that provide ease of access, including wheelchair access, to voters.

Sections 56.1 to 56.3 added

8           The following is added after section 56:

HOSPITAL POLL

Special poll to be provided

56.1(1)     The returning officer for a local authority in which there is a hospital shall provide a special poll or a moving poll in the hospital at which the patients in the hospital may vote.

Assistance at hospital poll

56.1(2)     Where a hospital poll is established under subsection (1), the administrative head of the hospital shall permit the deputy returning officer, any poll clerk and candidate, or the official agent or scrutineer of a candidate, to enter the hospital, and shall assist the officials of the poll in receiving the ballots of patients who are entitled to vote.

MOVING POLLS

Moving poll for low population area

56.2(1)     The returning officer may, where the small number of voters in a part of an authority makes it impracticable to establish separate polling places to serve the voters, or where the greater convenience of voters in a part of an authority would be served, establish a moving poll or a moving advance poll, or both, which on election day, and on a day fixed for an advance poll, during the hours when polls are required to be open, is moved from place to place within the part of the authority.

List of electors for moving poll

56.2(2)     The returning officer shall furnish the deputy returning officer of a moving poll established under subsection (1) with a copy of the voters' list for each polling subdivision in the local authority, certified to be a true copy of the voters' list, with any revisions, and the copy shall be marked "Moving Poll List" or "Moving Advance Poll List", and shall be deemed to be an original list of electors under this Act.

Moving poll for institutions

56.3(1)     Where, in an authority there is

(a)an institution for the care of sick or infirm persons; or

(b)an institution in which persons who are not serving sentences for offences under the law are detained while awaiting trial;

the returning officer may establish a moving poll that, on election day, during the hours when polls are required to be open, is moved from institution to institution in the local authority to accept the votes of patients or inmates.

Assistance for moving poll

56.3(2)     Where a moving poll is established under subsection (1), the administrative head of the institution shall permit the deputy returning officer, any poll clerk and candidate, or the official agent or scrutineer of a candidate, to enter the institution, and shall assist the officials of the poll in receiving the ballots of patients or inmates who are entitled to vote.

List of electors for moving poll

56.3(3)     The returning officer shall furnish the deputy returning officer of a moving poll established under subsection (1) with a copy of the voters' list for each polling subdivision in the local authority, certified to be a true copy of the voters' list with revisions thereto, and the copy shall be marked "Moving Poll List" and shall be deemed an original list under this Act.

Clause 57(1)(c) rep. and sub.

9(1)        Clause 57(1)(c) is repealed and the following is substituted:

(c)who have reason to believe that their proper polling places will not be accessible to them;

Subsection 57(4) rep. and sub.

9(2)        Subsection 57(4) is repealed and the following is substituted:

Ease of access

57(4)       A returning officer shall ensure that, as far as is practicable, every polling place at an advance poll is located in premises that provide ease of access, including wheelchair access, to voters.

Subsection 57(10) amended

9(3)        Subsection 57(10) is amended by striking out "at the place of the advance poll" and substituting the following:

at a place that is designated by the deputy returning officer, the location of which shall be posted by the deputy returning officer at the location of the advance poll on each day of an advance poll,

Clause 65(2)(i) rep. and sub.

10          Clause 65(2)(i) is repealed and the following is substituted:

(i)the required number of copies of any form that is completed by a voter.

Clause 82(1)(b) rep. and sub.

11(1)       Clause 82(1)(b) is repealed and the following is substituted:

(b)the candidates and their official agents, appointed under section 50;

Subsection 82(2) amended

11(2)       Subsection 82(2) is amended by adding ", of the full age of 18 years," after "two persons".

Subsection 82(4) amended

11(3)       Subsection 82(4) is amended by striking out "by an incapacitated voter or a voter unable to read".

Heading preceding section 95 rep. and sub.

12          The heading "VOTING BY INCAPACITATED PERSON" preceding section 95 is repealed and the heading "VOTER UNABLE TO MARK BALLOT" is substituted.

Subsection 95(1) amended

13(1)       Subsection 95(1) is amended

(a)by striking out the heading and substituting "Procedure if voter unable to mark ballot";

(b)by striking out ", that he is unable to read, or is incapacitated by blindness or other physical cause from marking his ballot paper" and substituting "that he or she is unable for any reason to mark a ballot paper".

Subsection 95(3) rep. and sub.

13(2)       Subsection 95(3) is repealed and the following is substituted:

Application to vote by mail

95(3)       An elector who

(a)is unable to vote, or believes, for reasons stated in writing, that he or she will not be able to vote, on the days fixed for an election and an advance poll; or

(b)is unable, owing to physical disability, to go to an advance poll or polling place;

may apply in writing to the returning officer, at least 7 days before election day to vote at the election by mail.

Subsection 95(4) amended

13(3)       Subsection 95(4) is amended

(a)by striking out "who applied under subsection (3) is entitled to vote at the election and is physically incapacitated, he shall" and substituting "who applies under subsection (3) is entitled to vote at the election and is unable to attend at the polling place, the returning officer shall";

(b)by striking out "and he shall cross" and substituting "and the returning officer shall cross".

Clause 98(1)(k) rep. and sub.

14          Clause 98(1)(k) is repealed and the following is substituted:

(k)a statement of the number of electors who complete Form 10 and Form 15, and the notes taken of any objection to a ballot paper found in the ballot box;

Subsection 99(1) amended

15(1)       Subsection 99(1) is amended

(a)by adding ", except the packet that contains the poll book," after "place the packets";

(b)by adding ", and the poll book," after "Form 16".

Subsection 99(2) amended

15(2)       Subsection 99(2) is amended by striking out "and statement in Form 16" and substituting" "the statement in Form 16 and the poll book".

Subsection 99(3) amended

15(3)       Subsection 99(3) is amended by striking out "key, and statement in Form 16" and substituting "the key, statement in Form 16 and the poll book".

Subsection 101(8) amended

16          Subsection 101(8) is amended by adding "the poll books," after "to the clerk".

Sections 129.1 & 129.2 added

17          The following is added after section 129:

POLITICAL ACTIVITIES ON VOTING DAYS

No distribution of paper near poll

129.1(1)    A person, except an election officer acting under this Act, who distributes within a building or within 50 meters of the entrance to a building in which there is a polling place for voting at an election, a circular, card or other paper that refers to the election, on a day on which voting is permitted at the polling place, is guilty of an offence.

Removal of signs before voting day

129.1(2)    A person, except an election officer acting under this Act, who posts or authorizes the posting of a sign, poster or placard that refers to an election, within a building or within 50 metres of the entrance to a building in which there is a polling place, and who fails to remove it before the day on which voting is permitted at the polling place, is guilty of an offence.

Candidate or agent to remove sign

129.1(3)    Where a sign, poster or placard remains posted in contravention of subsection (2), the returning officer of the authority in which it is posted, or the deputy returning officer for the poll, may order a candidate, or the official agent of a candidate, who is named, indicated, depicted or supported by it, or a candidate who is endorsed by a political party that is named, indicated or supported by it, to remove it immediately, and if it is not removed within a reasonable time, the candidate and the official agent are guilty of an offence.

Partisan materials on election day

129.2(1)    Subject to subsection (2), on a polling day in an authority, no person shall wear, display or carry, or furnish to another person for the purpose of wearing, displaying or carrying, within the authority, anything to distinguish the person as the partisan of a candidate, or of a political party endorsing a candidate, in the election.

Exception of scrutineers

129.2(2)    A scrutineer of a candidate may wear a badge or ribbon that indicates by colour the candidate for whom the person is a scrutineer, but does not show the name, initials, or an abbreviation of the name of, or insignia used by, a political party or candidate.

Clause 215(1)(k) rep. and sub.

18          Clause 215(1)(k) is repealed and the following is substituted:

(k)a statement of the number of electors who complete Form 10 and Form 15, and the notes taken of any objection to a ballot paper found in the ballot box;

Form 10 of Schedule amended

19(1)       Form 10 of the Schedule is amended by striking out item 3 and substituting the following:

3.  That I have reason to believe that, by reason of absence or architectural barriers at the polling place, I will be unable on the day of the election to vote at the polling place at which I would normally vote.

Form 15 of Schedule amended

19(2)       Form 15 of the Schedule is amended

(a)by striking out the title "DECLARATION OF BLIND OR INCAPACITATED VOTER" and substituting "DECLARATION OF VOTER";

(b)by striking out item 2 and substituting the following:

2.  That I am unable to mark a ballot paper, for the following reason:

Form 26 of Schedule amended

19(3)       Form 26 of the Schedule is amended by striking out the title "VOTING BY MAIL BY INCAPACITATED ELECTOR" and substituting "VOTING BY MAIL".

Form 27 of Schedule amended

19(4)       Form 27 of the Schedule is amended by striking out "because of physical incapacity" and substituting "for the following reason:".

Coming into force

20          This Act comes into force on the day it receives royal assent.