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The Elections Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 4

THE ELECTIONS AMENDMENT ACT


 

(Assented to June 29, 1998)

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

C.C.S.M. c. E30 amended

1         The Elections Act is amended by this Act.

2         The following is added before section 1:

PART 1

INTERPRETATION

3         Section 1 is amended

(a) by adding the following definitions in alphabetical order:

"correctional facility" means

(a) a prison or other facility in which persons sentenced to imprisonment are detained, including a half-way house, or

(b) a facility in which persons awaiting trial are detained; (« établissement correctionnel »)

"health care facility" means

(a) a hospital, including a psychiatric facility as defined in The Mental Health Act,

(b) a personal care home as defined in The Health Services Insurance Act, or

(c) a developmental centre as defined in The Vulnerable Persons Living with a Disability Act, (« établissement de soins de santé »)

(b) by repealing the definition "election officer" and substituting the following:

"election officer" means a returning officer, assistant returning officer, deputy returning officer, senior deputy returning officer, poll clerk, revising officer or revising agent; (« personnel électoral »)

(c) by repealing the definitions "hospital" and "patient"; and

(d) in the definition "scrutineer", by adding "or the official agent on behalf of a candidate" after "a candidate".

4(1)      Subsection 4(1) is amended by striking out ""affidavit, statutory declaration or other declaration" and substituting "affidavit or statutory declaration".

4(2)      Subsection 4(2) is amended

(a) by striking out "affidavit, statutory declaration or other declaration" and substituting "affidavit or statutory declaration"; and

(b) by striking out "statutory declaration or other declaration" and substituting "or statutory declaration".

4(3)      Subsection 4(3) is amended by striking out ""affidavit, statutory declaration, or other declaration" and substituting "affidavit or statutory declaration".

5         The centered heading preceding section 5 is repealed and the following is substituted:

PART 2

CHIEF ELECTORAL OFFICER AND ELECTION OFFICERS

DIVISION 1

CHIEF ELECTORAL OFFICER

6(1)      The following is added after subsection 10(1):

Public education and information

10(1.1)   The Chief Electoral Officer may at any time, using any media or other means that the Chief Electoral Officer considers appropriate, provide the public with information about the electoral process, the democratic right to vote and the right to be a candidate at an election.

6(2)      Subsections 10(2) and (3) are repealed and the following is substituted:

Reports to the Legislative Assembly

10(2)      The Chief Electoral Officer shall make the following reports to the Speaker of the Assembly:

(a) an annual report on the work done under the direction of the Chief Electoral Officer under this Act;

(b) after each election, a report about the conduct of the election.

Amendments

10(2.1)   A report under subsection (2) may include any recommendation of the Chief Electoral Officer about amendments to this Act.

Report laid before Legislative Assembly

10(2.2)   The Speaker shall lay a report under subsection (2) before the Legislative Assembly within five sitting days after the Speaker receives it if the Assembly is in session or, if not, within 15 days after the beginning of the next session.

Referral to Standing Committee

10(3)     A report under subsection (2) that contains recommendations about amendments to this Act stands referred to the Standing Committee of the Assembly on Privileges and Elections for consideration of those matters.

Report may be combined with Elections Finances report

10(3.1)   A report under subsection (2) may be combined with the annual report required under section 99 of The Elections Finances Act.

6(3)      The following is added after subsection 10(7):

Notices by Chief Electoral Officer

10(7.1)   The Chief Electoral Officer shall determine the form of notices and other documents under this Act and the method of publishing them when they are required to be published.

7         The following is added after section 10:

Protection from liability

10.1      No proceeding shall be instituted against the Chief Electoral Officer or any person employed under the Chief Electoral Officer, including an election officer or an enumerator, for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of the duty or power.

Records of Chief Electoral Officer

10.2(1)   Notwithstanding any other Act, every record relating to the administration of this Act that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the Chief Electoral Officer.

Definition of "record"

10.2(2)   In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics.

8         "DIVISION 2" is added before the centered heading preceding section 11.

9         In the following provisions, "election clerk" is struck out wherever it occurs and "assistant returning officer" is substituted, with necessary grammatical modifications:

(a) section 12;

(b) section 20;

(c) subsection 65(11);

(d) clause 141(1)(c);

(e) subsection 162(1);

(f) clause 175(b).

10        Section 15 is amended by striking out "$100." and substituting "$200."

11        Subsection 17(2) is amended by striking out "by registered mail of his change of residence" and substituting "of his or her change of residence by any delivery service whereby the sender is provided with an acknowledgement of receipt".

12        Section 19 of the English version is amended by striking out "jaudicial" and substituting "judicial".

13        Clauses 21(1)(b) to (d) are repealed and the following is substituted:

(b) each institutional poll established under subsection 62(1);

(c) each remote mobile poll or remote mobile advance poll established under subsection 63(1) or (2); and

(d) each advance poll, other than an advance poll held in the returning office.

14        Clauses 22(1)(a) to (d) are repealed and "each polling subdivision and each poll referred to in subsection 21(1)." is substituted.

15        "PART 3" is added before the centered heading preceding section 25.

16(1)     Subsection 27(1) is amended in the part preceding clause (a) by striking out "publish" and substituting "issue".

16(2)     Subsection 27(3) is amended by striking out "a copy thereof in each newspaper having a general circulation" and substituting "it".

17(1)     Subsection 28(1) is amended by striking out "in every newspaper in the province of which he has knowledge".

17(2)     Subsection 28(2) is amended by striking out "in each newspaper within the electoral division of which he has knowledge,".

18        Subsection 29(2) is amended

(a) in clause (c), by striking out "250 voters" and substituting "350 voters"; and

(b) in clause (d), by striking out "350 voters" and substituting "400 voters".

19        The centered heading preceding section 30 is repealed and the following is substituted:

PART 4

VOTERS LISTS

DIVISION 1

PRELIMINARY VOTERS LISTS

20(1)     The following is added after subsection 30(1):

Identification

30(1.1)   Each enumerator shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and show it on request.

20(2)     Subsection 30(2) is amended

(a) by striking out "typewritten"; and

(b) by striking out everything after "name".

20(3)     The following is added after subsection 30(2):

Addresses and telephone numbers to be included

30(2.1)   In addition to the voter's name, the list under subsection (2) shall include the following information:

(a) in an urban polling subdivision, each voter's civic and mailing address;

(b) in a rural polling subdivision, each voter's geographic address, including the mailing address; and

(c) each voter's telephone number, where the number is provided to the enumerator.

If telephone number not provided

30(2.2)   No entry of a voter's name on a voters list is invalid for the sole reason that a voter's telephone number is not included.

20(4)     Subsections 30(3) to (8) are repealed.

20(5)     Subsections 30(9) and (10) are renumbered as subsections 30.3(1) and (2).

20(6)     The following is added after section 30:

Preparation of lists in urban polling subdivisions

30.1(1)   This section applies to the preparation of voters lists in urban polling subdivisions.

Lists arranged in geographical order

30.1(2)   The voters list for an urban polling subdivision shall be arranged in geographical order by streets, roads and avenues, unless the returning officer directs the enumerator to arrange the names in alphabetical order according to surnames.

Method of obtaining information

30.1(3)   The enumerator in an urban polling subdivision shall obtain the information to complete the voters list from a house-to-house canvass, and may supplement or verify that information from any other available source.

House-to-house canvass

30.1(4)   The enumerator in an urban polling subdivision shall visit each residence once, and if the information required is not obtained on that visit, the enumerator shall visit the residence a second time. One of the two visits must take place during daylight hours and the other in the evening.

Enumeration record for voter

30.1(5)   For each voter whose name is placed on the voters list under this section, the enumerator shall

(a) complete an enumeration record in the prescribed form in triplicate indicating that the voter's name will be included on the voters list; and

(b) leave a copy of the enumeration record at the voter's residence.

Call-in cards

30.1(6)   When an enumerator conducting a house-to-house canvass under this section is unable to obtain the information necessary to complete the voters list, he or she shall leave a call-in card in the prescribed form at the residence indicating

(a) that the enumerator has called and been unable to obtain information for the voters list; and

(b) that any person residing there who is qualified to vote at the election may contact the enumerator whose name is shown on the call-in card, at the telephone number shown on the card.

Preparation of lists in rural polling subdivisions

30.2(1)   This section applies to the preparation of voters lists in rural polling subdivisions.

Lists arranged in geographical order

30.2(2)   The voters list for a rural polling subdivision shall be arranged in geographical order by streets, roads and avenues, unless the returning officer directs the enumerator to arrange the list in alphabetical order according to surnames.

Method of obtaining information

30.2(3)   The enumerator in a rural polling subdivision shall, if practicable, obtain the information to complete the voters list from a house-to-house canvass, and if that is not practicable, may obtain the information from municipal or other voters lists or from any available source.

House-to-house canvass

30.2(4)   The enumerator in a rural polling subdivision who conducts a house-to-house canvass shall visit each residence once.  The enumerator may also attempt to obtain information to complete the voters list by telephone if the enumerator has visited the residence once and been unable to complete the list.

Enumeration record for voter

30.2(5)   For each voter whose name is placed on the voters list in a house-to-house canvass under this section, the enumerator shall

(a) complete an enumeration record in the prescribed form in triplicate indicating that the voter's name will be included in the voters list; and

(b) leave a copy of the enumeration record at the voter's residence.

Enumeration record delivered in certain cases

30.2(6)   When the enumerator obtains the information to complete the voters list under this section by a method other than a house-to-house canvass, the enumerator shall deliver a copy of the enumeration record to the voter's residence.

Call-in cards

30.2(7)   When an enumerator conducting a house-to-house canvass under this section is unable to obtain the information necessary to complete the voters list, the enumerator shall leave a call-in card in the prescribed form at the residence indicating

(a) that the enumerator has called and been unable to obtain information for the voters list; and

(b) that any person residing there who is qualified to vote at the election may contact the enumerator whose name is shown on the call-in card, at the telephone number shown on the card.

21        Section 31 is repealed and the following is substituted:

Inmates disqualified from voting

31        Every inmate of a correctional facility serving a sentence of five years or more is disqualified from voting in an election, and the name of such a person shall not be placed on a voters list.

22        The following is added after subsection 33(1):

Delivery of cards to up-date old list

33(1.1)   If the Lieutenant Governor in Council orders that the previous voters lists be used for an election or by-election under subsection (1), the Chief Electoral Officer may deliver notification cards to voters to confirm that their names are on the voters list.

23        The following is added after subsection 35(1):

Residency criteria for persons in correctional facilities

35(1.1)   In determining a person's residence while an inmate of a correctional facility, the following rules apply:

Rule 1 An inmate is deemed to have a place of residence in the electoral division in which he or she resided immediately before being confined to the correctional facility.

Rule 2 An inmate who did not reside in an electoral division immediately before being confined to the correctional facility because he or she had no fixed address is deemed to have a place of residence in the electoral division in which the correctional facility is located.

Rule 3 An inmate whose place of residence before being confined to the correctional facility was outside Manitoba is deemed not to have a place of residence in Manitoba.

24        Subsections 37(2) to (5) are repealed and the following is substituted:

Copy to each candidate

37(2)     The returning officer shall deliver one copy of each of the voters lists completed by the enumerators in the electoral division to each nominated candidate.

Preparation of additional copies

37(3)     For each electoral division, the Chief Electoral Officer shall determine the number of copies of the voters list to be produced and the manner and form in which they are to be produced.

Use of additional copies

37(4)     The returning officer shall

(a) retain for his or her purposes and for the purposes of revision the number of copies of the voters list that the returning officer considers advisable;

(b) deliver as many copies of the voters list to the Chief Electoral Officer as the Chief Electoral Officer requires;

(c) deliver to each nominated candidate in the electoral division not more than five copies of the voters list; and

(d) divide the surplus copies of the voters list, if any, equally among the nominated candidates in the electoral division and deliver them to the candidates on request.

Delivery to political parties

37(5)     The Chief Electoral Officer shall, on request, deliver to each registered political party one copy of each voters list.

Electronic form

37(6)     Copies of the voters lists referred to in this section may be in electronic form, if available.

25        "DIVISION 2" is added before the centered heading preceding section 38.

26        Sections 38 to 48 are repealed and the following is substituted:

Period of revision

38(1)     When a poll is necessary for an election, a revising officer for the electoral division shall consider applications for revision of the voters lists from the day after the voters list is completed under subsection 36(1) to the second Thursday before polling day, excluding Sunday.

Place and time for revision

38(2)     The revision shall take place in the office of the returning officer from 9:00 a.m. to 8:00 p.m.

Other locations

38(3)     In addition, the returning officer may arrange other locations for revision to be held at such hours, and on such days within the period for revision set out in subsection (1), as the returning officer considers appropriate and the Chief Electoral Officer permits.

Public notice

38(4)     The Chief Electoral Officer shall arrange for notice to be given to voters advising them of the following:

(a) that if they did not receive an enumeration record indicating that their name would be placed on the voters list, they should ascertain whether their names are on the voters lists and, if not, apply to have their names added to the voters lists at the revision;

(b) that information about the revision of the voters list may be obtained from the returning officer of the electoral division;

(c) any other matter concerning the revision that the Chief Electoral Officer considers advisable.

Appointment of revising officers

39(1)     The returning officer may act as a revising officer for the electoral division, and may appoint one or more residents of the electoral division as revising officers.

Assistant returning officer may act

39(2)      The returning officer may delegate his or her duties as revising officer to the assistant returning officer.

Appointment of revising agents

39(3)     The returning officer may appoint not more than six residents of the electoral division as revising agents for the purpose of enumerating qualified voters who were not enumerated by the enumerator and to make corrections to the voters list.  More than six revising agents may be appointed with the approval of the Chief Electoral Officer.

Appointment in prescribed form

39(4)     The appointment of a revising officer or a revising agent must be in the prescribed form.

Revising officer or agent may not be a candidate

39(5)     A person who is a candidate in the election is not eligible to be appointed as a revising officer or revising agent.

Identification

39(6)     Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and show it on request.

Application for addition, correction or deletion

40(1)     During the period of revision specified in section 38, any person resident in the electoral division may apply in writing to a revising officer

(a) to have his or her name, address and telephone number added to the voters list if it was not included by the enumerator;

(b) to have a correction made to his or her name, address, or telephone number on the voters list; or

(c) to have his or her name deleted from the voters list.

Application form

40(2)     A person who applies under subsection (1) must sign an application in the prescribed form and provide the documentation required by subsection 85(2), which may be given to the revising officer personally or delivered by mail or another method acceptable to the Chief Electoral Officer.

Another person may apply on voter's behalf

40(3)     If an applicant is for any reason unable to attend in person at the revision, a relative may apply in writing to the revising officer to have the applicant's name added or a correction made, if the relative

(a) signs an application in the prescribed form that substantiates the existence of a relationship to the applicant; and

(b) provides satisfactory proof of the applicant's identity by providing the documentation required by subsection 85(2).

Legible photocopies acceptable

40(4)     Legible photocopies of the documentation required under subsection (2) and clause (3)(b) are acceptable when the application is made by mail.

Grounds must be sufficient

40(5)     Before making an addition, correction or deletion to the voters list, the revising officer must be satisfied that the applicant has provided sufficient grounds for the action requested and understands the effect of any statements made in the application.

Objection to another person's name on the list

41(1)     Any person whose name is on the voters list for the electoral division may make an objection to the revising officer that the name of another person on the voters list should be deleted from the list on the basis that the other person

(a) is deceased; or

(b) is not a qualified voter.

Form of objection

41(2)     An objection must be made in writing to the revising officer and must set out

(a) the name and address of the person against whom the objection is made, as shown on the voters list;

(b) the basis of the objection, including a statement of facts that the objector believes supports the objection; and

(c) the name and address of the person making the objection.

Delivering the objection

41(3)     An objection may be given to the revising officer personally or delivered by mail or another method acceptable to the Chief Electoral Officer.

Notice to person whose name is objected to

41(4)     Unless the name requested to be deleted is of a person known to the revising officer to be deceased, on receiving an objection that provides evidence of the objection satisfactory to the revising officer, the revising officer shall promptly send a copy of the objection to the person whose name has been objected to, to the address of that person as it appears on the voters list and to any other address indicated in the application.

Method of notification

41(5)     The copy of the objection may be sent by any delivery service whereby the sender is provided with an acknowledgement of receipt.

Resolving an objection on basis of death

41(6)     The revising officer shall resolve an objection made on the basis that a person has died by having a search made of the records under The Vital Statistics Act.  If a record of death is found, the revising officer shall remove the name from the voters list.  If a record is not found, the objection must be resolved in accordance with clauses (7)(c) and (d).

Resolving an objection on basis that person is not qualified to vote

41(7)     The revising officer shall resolve an objection made on the basis that a person is not qualified to vote as follows:

(a) if, after receiving notice of the objection, the person provides proof satisfactory to the revising officer that he or she is qualified to vote and makes a declaration in the prescribed form as to qualification, the person's name is to stay on the list of voters;

(b) if, after receiving notice of the objection, the person does not provide proof satisfactory to the revising officer that he or she is qualified to vote and make a declaration in the prescribed form as to qualification, the revising officer must delete the person's name from the voters list;

(c) if the revising officer is unable to contact the person who is the subject of the objection, the revising officer must delete the name from the voters list if he or she is satisfied by the evidence provided by the objection and by any other information available to the revising officer that the person is not qualified to vote;

(d) if, in the circumstance mentioned in clause (c), the revising officer is not satisfied by the objection and other information, the name is to stay on the voters list.

Notification of omitted voters

42(1)     During the period of revision, any person, including an election officer, who has knowledge of the fact that the name of a qualified voter has been omitted from the voters list by the enumerators may so notify the revising officer.

Addition of names of omitted voters

42(2)     On being notified under subsection (1), the revising officer may require a revising agent to enumerate any qualified voter who was not enumerated by the enumerator and shall add to the voters list the names,  geographic or civic addresses, mailing addresses, and telephone numbers of those persons qualified to vote who have been so enumerated by a revising agent.

Correction of errors

43        If at any time during the period of revision the revising officer finds the name, address or telephone number of a voter to be inaccurately stated on the voters list, the revising officer shall make the necessary correction to the voters list.

Record of additions, corrections and deletions

44        The revising officer shall keep an accurate record of every addition, correction or deletion to a voters list, and of every decision made concerning applications for adding a name to or deleting a name from the voters list, in accordance with the directions given by the Chief Electoral Officer.

Interim revised voters list

45(1)     After 8:00 p.m. on the Saturday after nomination day, the revising officer shall prepare an interim revised voters list that indicates the revisions made to date, including the names of voters on the absentee registry required to be added under subsection 104(8), and shall

(a) sign a certificate in the prescribed form at the end of the interim revised voters list, as close as possible to the last name on the list; and

(b) deliver the list immediately to the returning officer.

Preparation of copies of the interim revised voters list

45(2)     On receiving the various interim revised voters lists from the revising officers under subsection (1), the returning officer shall prepare as many copies of the interim revised voters lists as the Chief Electoral Officer requires.

Distribution of interim revised voters list

45(3)     The returning officer shall

(a) deliver or send by mail to each nominated candidate in the electoral division not more than five copies of the interim revised voters lists;

(b) deliver as many copies of the interim revised voters lists to the Chief Electoral Officer as the Chief Electoral Officer requires;

(c) retain for his or her purposes and for the purposes of appeal the number of copies of the interim revised voters lists that the returning officer considers advisable; and

(d) divide the surplus copies of the interim revised voters lists, if any, equally among the nominated candidates in the electoral division and deliver them to the candidates on request.

Electronic form

45(4)     Copies of the interim revised voters lists referred to in this section may be in electronic form, if available.

Revised voters list

46(1)     At 8:00 p.m. on the last day of the revision, the revising officer shall close the doors of the office of the returning officer and any other place where the revision is conducted on that day and not admit any other person for the purposes of the revision, but shall determine all applications of persons in the office at that time.

Delivery of revised voters list to returning officer

46(2)     At 8:00 p.m. on the last day of the revision, or as soon afterwards as the applications of all persons in the office at that time have been determined, the revising officer shall

(a) make no further changes to the list;

(b) sign a certificate in the prescribed form at the end of the revised voters list, as close as possible to the last name on the list; and

(c) deliver the revised voters list immediately to the returning officer.

Preparation and distributions of copies

46(3)     Subsections 45(2), (3) and (4) apply to the revised voters list prepared under this section, with such modifications as the circumstances require.

Representatives permitted to be present at revision

47(1)      A revising officer for an electoral division shall permit two representatives of each nominated candidate to be present at all times during the revision, but a representative shall not, except as permitted by the revising officer, take part or intervene in the proceedings other than to make an objection.

Appointment of constables

47(2)     A revising officer may, if necessary, appoint constables to maintain order and to arrest and detain persons who are guilty of personation or attempted personation, or who impede or improperly interrupt the proceedings or create a disturbance at the revision.

Adding unenumerated names after revision

48(1)     If, at any time after revision but before the opening of polls on polling day, the returning officer is of the opinion that the names of a number of voters in the electoral division have been omitted from the voters lists of the electoral division because

(a) the area of the electoral division in which the voters reside was not assigned to an enumerator; or

(b) an enumerator failed to enumerate the voters;

the returning officer, after giving notice to each nominated candidate or agent, may apply to the Chief Electoral Officer for authority to add the names of the voters to the appropriate voters list.

Names to be added to list

48(2)     When the Chief Electoral Officer authorizes the addition of names of voters to a voters list under subsection (1), the returning officer of the electoral division shall immediately deliver to each nominated candidate or candidate's agent in the electoral division a list of the added names.

27(1)     Subsection 49(1) of the English version is amended

(a) in the section heading, by striking out "struck off" and substituting "deleted"; and

(b) in the subsection, by striking out "struck off" and substituting "deleted from".

27(2)     Subsection 49(3) of the English version is amended by striking out "strike a name off" and substituting "delete a name from".

27(3)     Clauses 49(6)(b) and (c) of the English version are repealed and the following is substituted:

(b) where the appeal is from a decision to delete a name from a voters list, the name and address of the person whose name was deleted and of the person who applied to have the name deleted; and

(c) where the appeal is from a refusal to add a name to or delete a name from a voters list, the name and address of the person whose name the revising officer or the returning officer refused to add or delete.

27(4)     Clauses 49(7)(c) and (d) are repealed and the following is substituted:

(c) where the appeal is from a decision to delete a name from a voters list, the person whose name was deleted and the person who applied to have the name deleted; and

(d) where the appeal is from a refusal to add a name to or delete a name from a voters list, the name of the person whose name the revising officer or the returning officer refused to add or delete.

27(5)     Subsection 49(8) of the English version is amended

(a) by striking out "struck off" wherever it occurs and substituting "deleted from"; and

(b) by striking out "strike off" and substituting "delete from".

27(6)     Subsection 49(9) of the English version is amended by striking out "strike names off" and substituting "delete names from".

28        The following is added after section 49:

Notice of names added or deleted on appeal

49.1      Immediately after an appeal is concluded, the returning officer shall deliver to the Chief Electoral Officer and to each nominated candidate in the electoral division a notice of any name added to or deleted from the voters list in an appeal under section 49.

29        Section 50 is repealed.

30        Section 51 is repealed and the following is substituted:

Official voters list

51(1)     The returning officer shall prepare the official voters list for each polling subdivision by attaching to a copy of the voters list completed by the enumerator, a copy of any additions, deletions or corrections to the voters list.

Copy to D.R.O.'s

51(2)     The returning officer shall certify a copy of the official voters list and shall

(a) supply to each deputy returning officer a copy of it for the relevant polling subdivision or subdivisions, for use on polling day;

(b) supply to each deputy returning officer for an advance poll a copy of it for each polling subdivision in the electoral division, for use at the advance poll; and

(c) retain a copy of it for each polling subdivision in the electoral division for the purposes of homebound voting under sections 101 and 102 and absentee voting under sections 103 to 107.

31        The following is added before section 51.1:

PART 5

PERSONAL SECURITY PROTECTION

32(1)     Subsection 51.1(1) is amended

(a) by striking out "address or" and substituting " address, telephone number and"; and

(b) by striking out "an election officer" and substituting "a returning officer".

32(2)     Subsection 51.1(2) is repealed and the following is substituted:

Content of application

51.1(2)   The application under subsection (1) must

(a) set out the voter's name and address and telephone number, if available;

(b) contain a declaration that the voter is making the application for reasons of personal security; and

(c) be accompanied by the documentation referred to in subsection 85(2), of which legible photocopies are acceptable.

Personal security certificate

51.1(3)   On receiving an application that meets the requirements of subsection (2), the returning officer shall give the applicant a personal security certificate that sets out a numeric identifier to be used as a replacement, in all cases, for the person's name, address, telephone number and signature under this Act.

Voters list requirements

51.1(4)   When an applicant is given a personal security certificate, the returning officer shall ascertain whether the person's name appears on the voters list for the electoral division.  If the name appears, the returning officer shall obscure the name, address and telephone number as required by subsection (1) and add the person's numeric identifier to the voters list.  If the name does not appear, the returning officer shall determine whether the applicant resides at an address in the electoral division and, if so, add his or her numeric identifier to the voters list.

Placement of identifiers on voters list

51.1(5)   The identifiers for all persons with personal security certificates who are voting in an electoral division are to be placed only at the end of the voters list for the entire electoral division, rather than being arranged in the order described in subsections 30.1(2) and 30.2(2).

Procedures for voting

51.1(6)   The following rules for voting apply to a person who is given a personal security certificate:

(a) the person may vote at his or her ordinary polling place on polling day or at an advance poll or in the manner described in sections 101 and 102;

(b) when voting at his or her ordinary polling place on polling day or at an advance poll, the person must give the personal security certificate to the deputy returning officer;

(c) when voting in the manner described in sections 101 and 102, the person must give the personal security certificate to the returning officer when applying to vote under section 101.

Powers of the Chief Electoral Officer

51.1(7)   The Chief Electoral Officer may, for the purposes of protecting the personal security of applicants under this section, take any steps the Chief Electoral Officer considers necessary, including adapting the provisions of this Act.

Public to be advised of right to protection

51.1(8)   The Chief Electoral Officer shall take such steps as the Chief Electoral Officer considers appropriate to inform the public of the protection for personal security that is available under this section.

33        The centered heading preceding section 52 is repealed and the following is substituted:

PART 6

NOMINATION OF CANDIDATES

34        The following is added after subsection 53(1):

Method of filing

53(1.1)   A nomination paper may be filed in person, by mail, or by a telephone transmission of a facsimile.

Person may be a candidate in only one electoral division

53(1.2)   A person may not be nominated as a candidate in an election in more than one electoral division.

35        Subsection 56(2) is amended by striking out "in a newspaper having general circulation".

36        Subsection 58(1) is amended

(a) in clause (c) of the English version, by striking out "endorsations" and substituting "endorsements";

(b) by adding "and" at the end of clause (c) and by repealing clause (d); and

(c) by repealing clause (e) and substituting the following:

(e) publish the names, addresses and political party endorsements of the candidates nominated in the election and the names of their official agents.

37        Section 59 is amended by striking out "as provided in subsection 58(1)" and substituting "as required in subsection 58(1)".

38        The centered heading preceding section 61 is repealed and the following is substituted:

PART 7

VOTING

DIVISION 1

POLLING PLACES

ORDINARY POLLS

39(1)     Subsection 61(2) of the English version is amended by striking out "in place" and substituting "in a place".

39(2)     Subsection 61(3) is repealed and the following is substituted:

Ease of access

61(3)     The returning officer shall locate polling places in premises that provide ease of access to voters who are physically disabled, unless the returning officer has satisfied the Chief Electoral Officer that it is impractical to do so in the circumstances.

40        Sections 62 to 64 are repealed and the following is substituted:

INSTITUTIONAL POLLS

Institutional polls

62(1)     The returning officer shall establish one or more institutional polls for each electoral division in which there is a health care facility or a correctional facility.

Polls in health care facilities and correctional facilities

62(2)     An institutional poll is for the taking of votes of qualified voters who are patients, residents or inmates of a health care facility or a correctional facility.

Polling places

62(3)     The administrative head of each health care facility or correctional facility shall provide a suitable space within the facility for use as a polling place.

Poll may be stationary or move from place to place

62(4)     An institutional poll may be stationary or move from place to place, or both, within the facility.

Poll may move from one facility to another

62(5)     An institutional poll may serve more than one facility in the electoral division, as determined by the returning officer with the approval of the Chief Electoral Officer.

Hours of operation

62(6)     An institutional poll shall be open on polling day during such hours between 8:00 a.m. and 8:00 p.m. as the returning officer determines, with the approval of the Chief Electoral Officer.

Voting facilities

62(7)     As far as possible, an institutional poll shall have whatever facilities the returning officer considers practicable for ensuring that each voter may mark the ballot without interference or interruption and without observation by others.

Type of ballot for an institutional poll

62(8)      For the greater convenience of voters, the ballots for an institutional poll for a health care facility shall be regular ballots wherever the Chief Electoral Officer considers regular ballots to be practicable, and in any other case shall be special blank ballots.  The ballots for an institutional poll for a correctional facility shall be special blank ballots.  

Voting by special blank ballot

62(9)     When a voter is using a special blank ballot to vote at an institutional poll, the deputy returning officer shall ascertain the name and address of the voter and the electoral division in which he or she is entitled to vote and shall then show the voter a list of the candidates in that electoral division indicating the registered political party, if any, by which each is endorsed.

Conduct of institutional polls

62(10)    Except as otherwise provided in this section, an institutional poll shall be conducted in the same manner as is provided in this Act for the conduct of a poll on the polling day for an election.

REMOTE MOBILE POLLS FOR SPARSE POPULATIONS

Remote mobile ordinary poll for areas of sparse population

63(1)     When

(a) the sparsity of voters in an area of an electoral division makes it impracticable to establish a separate polling place to serve all the voters in the area; or

(b) the greater convenience of the voters in an area of the electoral division would be better served;

the returning officer may, with the approval of the Chief Electoral Officer, establish a remote mobile poll that travels on polling day from place to place within the area.

Remote mobile advance poll for areas of sparse population

63(2)     In the circumstances mentioned in clauses (1)(a) and (b), the returning officer may, with the approval of the Chief Electoral Officer, establish a remote mobile advance poll that travels from place to place within the area on an advance polling day referred to in subsection 65(4).

Hours of operation

63(3)     A remote mobile poll and a remote mobile advance poll shall be open on polling day and on any day of an advance poll during such hours between 8:00 a.m. and 8:00 p.m. as the returning officer determines, and the Chief Electoral Officer approves.

Voting facilities

63(4)     As far as possible, a remote mobile poll and a remote mobile advance poll shall have whatever facilities the returning officer considers practicable for ensuring that each voter may mark the ballot without interference or interruption and without observation by others.

41        The following is added before section 65:

ADVANCE POLLS

42(1)     Subsection 65(1) is amended by striking out "who have reason to believe that they will be absent from their polling subdivisions on polling day for an election, and of voters who suffer from physical infirmities" and substituting "who expect for any reason to be unable to vote at their polling subdivision on polling day".

42(2)      Subsection 65(2) is amended by striking out "confined to wheelchairs or are otherwise physically incapacitated" and substituting "physically disabled".

42(3)     Subsection 65(4) is repealed and the following is substituted:

Days of advance poll

65(4)     An advance poll shall be open in the office of the returning officer of the electoral division on seven days, from the second Saturday before polling day to the Saturday before polling day, excluding Sunday.

42(4)     Subsection 65(5) is amended by striking out "one, two, three, four or five days" and substituting "one to seven days,".

42(5)     Subsections 65(7) to (10) are repealed.

43        The following is added before section 66:

GENERAL POLLING PLACE REQUIREMENTS

44        Subsection 67(2) is repealed and the following is substituted:

Identifying a poll

67(2)     When a polling subdivision must be identified in a form used in an advance poll, an institutional poll, a remote mobile poll or a remote mobile advance poll, the words "Advance Poll" or "Institutional Poll" or "Remote Mobile Poll" or "Remote Mobile Advance Poll" shall be used, and, if there are two or more such polls in an electoral division, each shall be identified by the addition of a number, letter or name.

45(1)     Subsection 68(1) is amended by striking out "a moving poll" and substituting "an institutional poll or remote mobile poll".

45(2)     Subsection 68(2) is repealed.

45(3)     Subsection 68(3) is amended by striking out "a moving poll" and substituting "an institutional poll or remote mobile poll".

46(1)     Subsection 70(1) is amended by striking out "a moving poll" and substituting "an institutional poll or remote mobile poll".

46(2)     Subsection 70(2) is amended

(a) in the section heading, by striking out "moving poll" and substituting "institutional poll or remote mobile poll"; and

(b) by striking out "a moving poll established under section 63 or 64" and substituting "an institutional poll or remote mobile poll established under section 62 or 63".

47        Subsection 71(1) is repealed and the following is substituted:

Polling places in large subdivisions

71(1)     When there are more than 400 names on the voters list for a polling subdivision, the returning officer may provide additional polling places and shall appoint a deputy returning officer and poll clerk for each polling place so provided.

48        Section 72 is repealed and the following is substituted:

Hours of polling on polling day

72(1)     Every poll in every electoral division shall open at 8:00 a.m. and close at 8:00 p.m. on polling day, except where this Act provides otherwise.

Hours of advance polling

72(2)     Every advance poll shall open at 9:00 a.m. and close at 8:00 p.m.

49        "DIVISION 2" is added before the centered heading preceding section 73.

50(1)     Subsection 73(7) is amended in clause (c) by striking out "deputy returning officer" wherever it occurs and substituting "returning officer".

50(2)     The following is added after subsection 73(7):

Names in alphabetical order

73(7.1)   The names of the candidates must be arranged on the ballot alphabetically by their family or last names and, if two or more candidates have the same family or last name, must be arranged alphabetically in order of their first given or usual names to be used on the ballot.

50(3)     Subsection 73(8) is repealed and the following is substituted:

Name of registered political party

73(8)     The name of a registered political party on a ballot shall be the registered name or registered abbreviation of the name as designated for use on the ballot under The Elections Finances Act as at the close of nominations.

50(4)     Clause 73(11)(b) is repealed and the following is substituted:

(b) each deputy returning officer of an institutional poll established under section 62 with enough special blank ballots for the estimated number of voters likely to vote by special blank ballot at the poll, plus 10%;

51        Subsection 74(2) is repealed and the following is substituted:

Type of ballot boxes

74(2)     Each ballot box shall be made of a material that, in the opinion of the Chief Electoral Officer, is sufficiently durable and shall have a suitable number of non-reusable sealing mechanisms that are serially numbered.  Each box shall also be constructed so that ballots can be deposited in it but cannot be withdrawn without removing the seal or so damaging the box that it is obvious that it has been tampered with.

52        "DIVISION 3" is added before the centered heading preceding section 76.

53(1)     Subsection 77(1) is repealed and the following is substituted:

Scrutineers

77(1)     A candidate in an electoral division, or the official agent on behalf of the candidate, may appoint in writing in the prescribed form persons who are 18 years of age or older as scrutineers to represent the candidate at polls in the electoral division.

53(2)     The following is added after subsection 77(2):

Scrutineers may examine voters lists

77(3)     At the convenience of the deputy returning officer, a scrutineer may examine the voters list for the polling subdivision as long as he or she does not disrupt the proceedings at the poll while doing so.

Scrutineers may be provided with record of voters

77(4)     The poll clerk may provide a scrutineer with a record of the voters who have voted, at intervals determined by the Chief Electoral Officer.

54        Section 78 is repealed and the following is substituted:

Persons who may remain in poll

78        While a poll is open, and during the counting of votes after the poll is closed, the following persons may be present in the polling place:

(a) the deputy returning officer and the poll clerk;

(b) the senior deputy returning officer, if one has been appointed;

(c) an interpreter, if required;

(d) the constable, if one has been appointed;

(e) the candidates;

(f) not more than two scrutineers of each candidate;

(g) any other individual permitted to be present by the returning officer or an election official authorized by the returning officer.

55        "DIVISION 4" is added before the centered heading preceding section 79.

56(1)     Subsection 79(1) is amended

(a) by striking out "lock it or"; and

(b) by striking out "locked or".

56(2)     Subsection 79(3) is amended by striking out "disabled person" wherever it occurs and substituting "voter who has a physical disability".

56(3)     Subsection 79(5) is amended by striking out "disabled person" wherever it occurs and substituting "voter who has a physical disability".

57        Section 80 is amended

(a) in the section heading, by striking out "moving" and substituting "institutional poll or remote mobile"; and

(b) in the section, by striking out "a moving poll established under section 63 or 64" and substituting "an institutional poll or remote mobile poll established under section 62 or 63".

58        "DIVISION 5" is added before the centered heading preceding section 82.

59        Section 82 is amended

(a) in clause (a), by striking out "or at any other polling place in the election" and substituting "or otherwise in the election"; and

(b) by adding "and" at the end of clause (b), by striking out "and" at the end of clause (c) and by repealing clause (d).

60        Clause 83(1)(b) is repealed and the following is substituted:

(b) who expects for any reason to be unable to vote at his or her polling subdivision on polling day; and

61        Subsections 85(2) and (3) are repealed and the following is substituted:

Production of identification documents

85(2)     A person who applies to have his or her name added to the voters list under subsection (1) must produce to the deputy returning officer

(a) an official document issued by a federal, provincial or municipal government that contains the applicant's name, address and photograph; or

(b) at least two documents that provide evidence satisfactory to the deputy returning officer of the applicant's identity.

Oath

85(3)     An applicant must take and sign an oath in the prescribed form as to the applicant's eligibility to have his or her name placed on the voters list for the polling subdivision and as to his or her current address.

Name added

85(3.1)   If the deputy returning officer is satisfied on the basis of the oath and the documents produced that the applicant is qualified to vote, the deputy returning officer shall add the person's name, address and telephone number to the voters list, followed by the word "Sworn" or "Affirmed".

62(1)     Subsection 86(1) is amended by striking out "has reason to believe" and substituting "believes on reasonable grounds".

62(2)     The following is added after subsection 86(1):

Challenge of voter by candidate, scrutineer, etc.

86(1.1)   A candidate, a scrutineer or another voter who demands that a voter take an oath under subsection (1) must state the reason for doing so, and the deputy returning officer shall record the reason in the poll book, along with the name of the person making the demand.

Challenge of voter by deputy returning officer

86(1.2)   A deputy returning officer who demands that a voter take an oath under subsection (1) must state the reason for doing so, and the poll clerk shall record the reason in the poll book, along with the deputy returning officer's name.

Effect of no reason being given

86(1.3)   If no reason described in subsection (1) is given for a challenge under subsection (1.1) or (1.2), the challenge is ineffective and the voter is not required to take an oath.

62(3)     Subsection 86(3) is amended by striking out "section 106" and substituting "section 97".

63        Subsection 89(2) is amended

(a) by striking out "$200." and substituting "$2,000."; and

(b) by striking out "$500." and substituting "$5,000.".

64        Section 90 is repealed.

65        The centered heading preceding section 91 and sections 91 to 110 are repealed and the following is substituted:

DIVISION 6

VOTING

ORDINARY VOTING PROCEDURES

Voting by ballot

91        The voting at an election shall be by regular ballot prescribed in accordance with subsection 73(2), except in circumstances where this Act permits or requires voting by special blank ballot.

D. R. O. to give ballot to voter

92(1)     For each person entitled to vote, the deputy returning officer shall

(a) put his or her initials on the back of a ballot for the voter as indicated in the prescribed form;

(b) fold the ballot so that the initials can be seen without opening the ballot or seeing what has been written on it; and

(c) give the ballot to the voter.

Explanation to voter

92(2)     At the voter's request, the deputy returning officer shall explain to the voter how to mark and fold the ballot, but shall do so without inquiring or ascertaining for whom the voter intends to vote.

How to mark a regular ballot

92(3)     On receiving an initialled regular ballot from the deputy returning officer, the voter shall proceed immediately into the voting compartment and mark the ballot with the black lead pencil provided, by placing an "X" within the space on the ballot containing the name and particulars of the candidate for whom the voter intends to vote.  The voter shall then fold the ballot as directed so that the initials of the deputy returning officer on the back are visible and hand it to the deputy returning officer who shall, without unfolding it, ascertain by examining his or her initials that it is the same ballot as that given to the voter and, if so, the deputy returning officer shall either return it to the voter to deposit it in the ballot box or, in full view of the voter and all others present, deposit it in the ballot box.

How to mark a special blank ballot

92(4)     A voter who is voting by using a special blank ballot shall

(a) give the deputy returning officer his or her name, address and telephone number and the name of the electoral division in which he or she is entitled to vote;

(b) swear and sign an oath in the prescribed form presented by the deputy returning officer that the voter is qualified to have his or her name placed on the voters list for that electoral division and has not previously voted in the election; and

(c) mark the ballot by writing the name of the candidate for whom he or she intends to vote in the oblong space on the front of the ballot so that it cannot be confused with the name of another candidate running in the electoral division.

The voter shall then fold the ballot so that the initials on the back can be seen without unfolding it and hand the ballot to the deputy returning officer who shall, without unfolding it, ascertain by examining his or her initials on the back that it is the same ballot as that given to the voter and, if so, the deputy returning officer shall, in full view of the voter and all others present, insert the ballot into an envelope bearing the words "Insert ballot and seal up" and seal that envelope, and then insert it into the envelope on which the voter has signed the oath and seal that envelope, and either return it to the voter to be placed in the ballot box or place it in the ballot box.

Voting without delay

92(5)     A voter shall vote without undue delay and, as soon as his or her ballot is placed in the ballot box, shall leave the polling place.

No one allowed in compartment

92(6)     Subject to section 94, while a voter is in a compartment to mark the ballot, no other person is to be allowed to enter the compartment or to be in a position from which he or she can see how the voter marks the ballot.

Entries in poll book

93(1)     The poll clerk shall enter in the poll book opposite the name of each voter

(a) the word "Voted" as soon as the voter's ballot is deposited in the ballot box;

(b) the word "Sworn" or "Affirmed" after the name of each voter to whom the oath is administered or who makes an affirmation; and

(c) the words "Refused to be sworn or affirm" opposite the name of each voter who refuses to take an oath or to affirm when required to do so.

Other information

93(2)     The poll clerk shall also enter in the poll book any other entries required by this Act.

Voter requiring assistance - use of template

94(1)     A voter who is unable to vote in accordance with the other provisions of this Act because of a visual impairment or difficulty reading may ask the deputy returning officer to vote using a template, in which case the deputy returning officer shall

(a) give the voter a template prepared to assist voters in marking their ballots and, when necessary, shall explain to the voter how to use the template;

(b) when requested, assist the voter to the compartment for voting and leave the voter there to mark the ballot; and

(c) otherwise follow the provisions of this Act as far as is practicable for the purpose of accepting the marked ballot and depositing it in the ballot box.

Voter requiring assistance of friend or D.R.O.

94(2)     A voter who is unable to vote in accordance with the other provisions of this Act because of a physical disability or visual impairment or difficulty reading and who is unwilling or unable to use a template, may ask the deputy returning officer to vote with assistance, and

(a) if the voter is accompanied by a friend, the deputy returning officer shall permit the friend to accompany the voter into the voting compartment and assist the voter in marking the ballot; or

(b) if the voter is not accompanied by a friend, the deputy returning officer shall accompany the voter to the voting compartment and assist the voter in marking the ballot in the manner directed by the voter in the presence of the poll clerk and the scrutineers in the polling place and no others.

Friend must take oath

94(3)     A friend who assists a voter under subsection (2) must first take an oath or affirm in the prescribed form to keep secret how the voter's ballot is marked.

Friend may assist only two voters

94(4)     No person shall mark more than two voters' ballots as a friend at any election.

Entries in poll book

94(5)      When a voter is assisted by a friend or the deputy returning officer under subsection (2), the poll clerk shall enter in the column for remarks in the poll book opposite the voter's name

(a) that the voter's ballot was marked or the voter was assisted by a friend or the deputy returning officer, and if a friend, the friend's name and address; and

(b) if the voter was assisted by a friend, the word "Sworn" or "Affirmed" after the friend's name.

Applying for ballot deemed to be tendering vote

95        A person who applies for a ballot is deemed to have tendered his or her vote or to have offered to vote, and a person who has placed or caused to be placed a ballot in the ballot box or has delivered it to the deputy returning officer or poll clerk to be placed in the ballot box is deemed to have voted.

Voter requiring ballot after another has voted in his or her name

96(1)     When a person representing himself or herself to be a voter applies for a ballot after another person has already voted as that voter, the person is entitled to receive a ballot and to vote after taking the oath or making an affirmation and otherwise establishing his or her identity to the satisfaction of the deputy returning officer.

Entries in poll book

96(2)     The poll clerk shall enter in the poll book the name of a voter who applies for a ballot under subsection (1), and make a note of his or her having voted on a second ballot, and of the fact of the oath having been taken or affirmation made and of any objection made on behalf of a candidate.

Spoiled ballot

97        A voter who has inadvertently spoiled his or her ballot so that it cannot be used is entitled, on returning it to the deputy returning officer, to obtain another ballot.  Without unfolding the returned ballot, the deputy returning officer shall write the word "Spoiled" on the back and place it in the envelope provided for spoiled ballots. The spoiled ballot shall not be counted.

Secrecy of voting

98(1)     Every person present at a polling place, including a person present to vote, and every person present at the counting of the vote, must preserve the secrecy of the ballot and, in particular, shall not do any of the following:

(a) interfere with a person who is marking a ballot;

(b) attempt to discover how a person voted;

(c) communicate information about how a person voted or marked a ballot;

(d) induce a person, directly or indirectly, to show the ballot in a way that reveals how he or she voted.

Voter may not be required to reveal vote

98(2)     A voter may not be required in any legal proceeding to reveal how he or she has voted in an election.

Voter not to show ballot

99        A voter shall not show his or her marked ballot to any person or ask for or receive assistance in marking the ballot from any person in the polling place, unless the voter requires assistance in voting because of a physical disability or visual impairment or difficulty reading.

Declining to vote - regular ballot

100(1)    A voter who receives a regular ballot and wishes to decline to vote shall follow the directions set out in subsection 92(3), except that instead of marking the ballot for a candidate, the voter shall write the word "Declined" anywhere on the front of the ballot and fold it and return it to the deputy returning officer who shall deal with it in the manner provided in subsection 92(3).

Declining to vote - special blank ballot

100(2)    A voter who receives a special blank ballot and wishes to decline to vote shall follow the directions set out in subsection 92(4), except that instead of writing in the name of a candidate, the voter shall write the word "Declined" in the oblong box on the front of the ballot and fold it and return it to the deputy returning officer who shall deal with it in the manner provided in subsection 92(4).

HOMEBOUND VOTERS -- VOTING AT HOME

Application to vote at home

101(1)    A voter who is unable to go in person to the polling place or an advance poll because of a physical disability may apply in writing to the returning officer to vote at home.

When application must be made

101(2)    An application to vote at home may be given to the returning officer directly or delivered by mail or another method acceptable to the Chief Electoral Officer, and must be received by the returning officer on or before the Saturday before polling day.

Information required for application

101(3)    An application to vote at home must set out the voter's name, address and telephone number and include a declaration that the voter is  a qualified voter who meets the requirement to vote at home under subsection (1).

Ballot sent to voter

102(1)    If the returning officer is satisfied that an applicant under section 101 meets the requirements of that section, the returning officer shall deliver or mail the following material to the voter:

(a) a regular ballot initialled by the returning officer;

(b) a ballot envelope with instructions printed on it in the prescribed form;

(c) a certificate envelope with a certificate of identification printed on it in the prescribed form;

(d) an outer envelope with the address of the returning officer printed on it;

(e) instructions on how to vote at home.

Name crossed off the voters list

102(2)    After delivering or mailing a ballot under this section, the returning officer shall cross the voter's name off the voters list and enter the words "Homebound ballot" opposite the voter's name.  The voter is then deemed to have voted.

Record of voters to be kept

102(3)    The returning officer shall keep a record in a separate poll book of the names of voters to whom ballots are delivered or mailed under this section.

How to vote

102(4)    A voter to whom a ballot is delivered or mailed under this section shall

(a) mark the ballot in accordance with this Act and insert it into the ballot envelope and seal the ballot envelope;

(b) insert the ballot envelope into the certificate envelope and seal the certificate envelope;

(c) complete and sign the certificate on the certificate envelope as to the voter's identity and that the voter has not previously voted in the election, which must be certified by the signature of another voter authorized to vote at the election in that electoral division;

(d) insert the certificate envelope into the outer envelope and seal the outer envelope; and

(e) deliver or mail the outer envelope so that it arrives at the office of the returning officer by 8:00 p.m. on polling day.

When ballot is returned

102(5)    On receiving a returned ballot under this section, the returning officer shall

(a) remove the certificate envelope from the outer envelope and examine the certificate to ensure that it is completed and signed;

(b) if satisfied as to the voter's identity and that the voter has not previously voted in the election, place the certificate envelope unopened in a ballot box maintained for that purpose;

(c) if not satisfied as to the voter's identity or that the voter has not previously voted, keep the certificate envelope unopened, mark it "Not identified" or "Previously voted", and keep it with the separate poll book; and

(d) make a note in the separate poll book opposite the voter's name that the ballot has been returned.

ABSENTEE VOTING

Application to vote as an absentee voter

103(1)    In order to vote as an absentee voter, a person must be a qualified voter who

(a) expects to be absent from Manitoba on advance polling days and on polling day; or

(b) expects that attending to vote on polling day and on advance polling days will not be reasonably possible because the person will be in a location in Manitoba distant from the polling place at which that person would otherwise vote.

When and to whom application is made

103(2)    A voter may apply to vote as an absentee voter by making a written application to

(a) the Chief Electoral Officer in accordance with section 104, if the application is made before a writ of election has been issued; or

(b) a returning officer in accordance with section 105 after a writ of election has been issued.

Application to Chief Electoral Officer before writ is issued

104(1)    Before a writ of election has been issued, a qualified voter who expects to be absent from Manitoba for at least one month may apply in writing in accordance with this section to the Chief Electoral Officer to vote as an absentee voter.

Chief Electoral Officer to maintain an absentee registry

104(2)    The Chief Electoral Officer shall maintain a registry of absentee voters who apply under subsection (1).

Content of application

104(3)    An application under subsection (1) must be completed to the satisfaction of the Chief Electoral Officer and must include the following:

(a) the voter's name, geographic and mailing address and telephone number in Manitoba, and a facsimile number if it is available;

(b) a declaration of the voter's eligibility to vote as an absentee voter;

(c) the date the person left or intends to leave Manitoba and the anticipated date of return;

(d) a mailing address and telephone number outside Manitoba where the voter may be reached, and a facsimile number if it is available;

(e) a declaration of intent to return to Manitoba within six months, for the purposes of residency under subsection 35(1);

(f) the documentation referred to in subsection 85(2).

Legible photocopies acceptable

104(4)    Legible photocopies of the documentation referred to in clause (3)(f) are acceptable.

Responsibility to inform Chief Electoral Officer of changes

104(5)    A voter whose name has been placed on the registry of absentee voters under this section is responsible for informing the Chief Electoral Officer of any changes to the information provided under subsection (3).

Removal of names from absentee registry

104(6)    The Chief Electoral Officer shall remove the name of a voter from the registry of absentee voters

(a) when the voter requests his or her name to be removed;

(b) on the return date to Manitoba that was indicated in the voter's application; and

(c) when the voter dies, if that information is communicated to the Chief Electoral Officer;

and, in the circumstances mentioned in clauses (a) and (b), the Chief Electoral Officer shall provide notice to the voter at the address provided in the application.

Names on registry provided to returning officer

104(7)    After a writ of election has been issued, the Chief Electoral Officer shall provide the names and applications of voters on the registry of absentee voters who are entitled to vote in each electoral division to the returning officer of that electoral division.

Duty of returning officer

104(8)    For each name provided under subsection (7), the returning officer shall

(a) determine whether the name appears on the voters list for the electoral division; and

(b) if the name does not appear, determine if the voter resides at an address in the electoral division and meets the requirements to vote as an absentee and, if so, add the voter's name, address and telephone number to the interim revised voters list for the electoral division.

Application to returning officer if writ issued

105(1)    After a writ of election has been issued, a person described in subsection 103(1) may apply to vote as an absentee voter by making a written application to the returning officer of the electoral division in which the voter is entitled to vote.

When application must be received by returning officer

105(2)    An application under subsection (1) must be received by the returning officer on or before the Saturday before polling day.

Content of application by person outside Manitoba

105(3)    An application under this section by a voter described in clause 103(1)(a) must include the information and documentation set out in subsection 104(3).  Legible photocopies of that documentation are acceptable.

Content of application by person in Manitoba

105(4)    An application under this section by a voter described in clause 103(1)(b) must include the following:

(a) the voter's name, geographic and mailing address and telephone number, and a facsimile number if it is available, in the electoral division in which the voter is resident;

(b) a declaration of the voter's eligibility to vote as an absentee voter under clause 103(1)(b);

(c) a declaration of the voter's residency, including the date the person left or intends to leave the electoral division in which the voter is resident and the anticipated date of return;

(d) a geographic and mailing address and telephone number at the distant location where the voter may be reached outside the electoral division in which he or she is resident, and a facsimile number if available; and

(e) the documentation referred to in subsection 85(2), of which legible photocopies are acceptable.

Duty of returning officer

105(5)    The returning officer shall, in respect of each application that meets the requirements of this section,

(a) ascertain whether the name of the applicant appears on the voters list for the electoral division; and

(b) if the name does not appear on the voters list, determine whether the voter resides at an address in the electoral division and, if so, add the name, address and telephone number to the voters list for the electoral division.

Voter's responsibility to get ballot

105(6)    If an application under this section is received by the returning officer in the eight days before the close of applications under subsection (2), the applicant is responsible for arranging for the delivery of the ballot to himself or herself.

Type of ballot

106       A voter who meets the requirements for voting as an absentee voter under section 104 or 105 may

(a) vote by regular ballot in accordance with this Act in the office of the returning officer after ballots for the election have been printed and before advance polling days begin; or

(b) vote in the manner provided in section 107 using a special blank ballot.

Material with special blank ballot

107(1)    The returning officer shall deliver or mail the following material to a voter who is voting as an absentee voter using a special blank ballot:

(a) a special blank ballot initialled by the returning officer;

(b) once available, a list of the candidates in the electoral division, indicating the registered political party, if any, by which each is endorsed;

(c) a ballot envelope with instructions printed on it in the prescribed form;

(d) a certificate envelope with a certificate of identification printed on it in the prescribed form;

(e) an outer envelope with the address of the returning officer printed on it;

(f) instructions on how to vote.

Name crossed off the voters list

107(2)    After delivering or mailing a special blank ballot under subsection (1), the returning officer shall cross the voter's name off the voters list and enter the words "Absentee ballot" opposite the voter's name.  The voter is then deemed to have voted.

Record of voters to be kept

107(3)    The returning officer shall keep a record in a separate poll book of the names of voters who vote as absentee voters to whom ballots are delivered or mailed under this section.

How to vote

107(4)    A voter to whom a special blank ballot is delivered or mailed under this section shall

(a) mark the ballot in accordance with this Act and insert it into the ballot envelope and seal the ballot envelope;

(b) insert the ballot envelope into the certificate envelope and seal the certificate envelope;

(c) complete and sign the certificate on the certificate envelope as to the voter's identity and that the voter has not previously voted in the election;

(d) insert the certificate envelope into the outer envelope and seal the outer envelope; and

(e) deliver or mail the outer envelope so that it arrives at the office of the returning officer of the electoral division in which the voter is entitled to vote by 8:00 p.m. on polling day.

When ballot is returned

107(5)    On receiving a returned special blank ballot under this section, the returning officer shall

(a) remove the certificate envelope from the outer envelope and examine the certificate to ensure that it is completed and signed;

(b) if satisfied as to the voter's identity and that the voter has not previously voted in the election, place the certificate envelope unopened in a ballot box maintained for that purpose;

(c) if not satisfied as to the voter's identity or that the voter has not previously voted, keep the certificate envelope unopened, mark it "Not identified" or "Previously voted", and keep it with the separate poll book; and

(d) make a note in the separate poll book opposite the voter's name that the ballot has been returned.

Procedure for counting ballots

108(1)    As soon as possible after 8:00 p.m. on polling day, the returning officer shall, in the presence of the poll clerk and of the candidates or their scrutineers if present, or in the presence of at least two voters if no candidates or scrutineers are present,

(a) open the ballot box maintained for the purpose of absentee voting;

(b) separate the regular ballots, if any, from the certificate envelopes;

(c) deal with and count the regular ballots in accordance with sections 114 to 122; and

(d) deal with and count the special blank ballots in the same manner as provided in subsections 124(5) to (10) with such modifications as the circumstances require.

Statement of absentee voting

108(2)    The returning officer shall prepare a statement of absentee voting and a certificate of ballot count similar to those required by a deputy returning officer of an ordinary poll, and shall take the statement into account in counting up the total number of votes for each candidate.

66        "DIVISION 7" is added before the centered heading preceding section 111.

67        Subsection 111(3) is amended by striking out "$500." and substituting "$2,000."

68        Subsection 112(1) is repealed and the following is substituted:

Flags, etc. on election day

112(1)    Subject to subsection (2), no person shall, in a building in which there is a polling place for voting at the election or within 50 metres of the entrance to such a building, on any day on which voting is permitted at the polling place, carry, or furnish to another for the purpose of being carried, anything to distinguish the bearer, whether with or without followers, as the partisan of a candidate in the election, or of a political party endorsing a candidate in the election.

69        The centered heading preceding section 113 is repealed and the following is substituted:

PART 8

COUNTING THE VOTE

DIVISION 1

CLOSING POLLS AND COUNTING BALLOTS

ORDINARY POLLS

70(1)      Subsection 116(1) is amended

(a) by repealing clause (f) and substituting the following:

(f) does not show for which candidate the vote is given or indicate the word "Declined"; or

(b) by adding "or" at the end of clause (h) and by adding the following after clause (h):

(i) has the word "Declined" in addition to the symbol X or any other symbol or mark.

70(2)     Clause 116(2)(g) is amended by striking out "subsection 98(1)" and substituting "subsection 92(3)".

71(1)     Subsection 118(1) is amended

(a) in the section heading, by adding "and declined" after "Accepted"; and

(b) in the subsection, by adding "Ballots that have been endorsed "Declined" shall be placed in a separate pile." at the end of the subsection.

71(2)     The following is added after subsection 118(1):

Counting declined ballots

118(1.1)  The deputy returning officer shall then count the number of ballots that have been endorsed "Declined", record the number, and place all "Declined" ballots in an envelope provided marked "Declined ballots" and seal it up.

71(3)     Subsection 118(2) is amended by striking out "unrejected" and substituting "valid".

72        Subsection 120(2) is amended by striking out "and the rejections objected to ballots" and substituting ", the rejections objected to ballots and the declined ballots".

73(1)     Subsection 121(1) is amended by striking out "lock and".

73(2)     Subsections 121(2) and (3) are repealed and the following is substituted:

Delivery of ballot box to returning officer

121(2)    After sealing the ballot box, the deputy returning officer shall personally deliver it to the returning officer or his or her agent or, if personal delivery is impractical, the deputy returning officer shall send the ballot box to the returning officer by a delivery service that provides the sender with an acknowledgment of receipt.

74(1)     Subsection 123(1) is repealed and the following is substituted:

Counting homebound ballots

123(1)    As soon as possible after 8:00 p.m. on polling day, the returning officer shall, in the presence of the candidates and their scrutineers, or in the presence of at least two voters if no candidates or scrutineers are present,

(a) open the ballot box maintained for the purpose of keeping the certificate envelopes mailed or delivered under section 102;

(b) open the certificate envelopes and remove the ballot envelopes contained in them so that the name of the voter cannot be identified with the ballot;

(c) open the ballot envelopes and remove the ballots; and

(d) count and distribute the votes recorded on the ballots to the respective candidates, observing as nearly as possible sections 114 to 121 and the procedures that apply to an ordinary poll.

74(2)     Subsection 123(2) is amended by striking out "his poll" and substituting "homebound voting".

75(1)     Subsections 124(1) and (2) are repealed and the following is substituted:

INSTITUTIONAL POLLS

Procedure on closing an institutional poll

124(1)    Immediately after 8:00 p.m. on polling day, the deputy returning officer of an institutional poll established under section 62 shall, as far as is practicable, close the poll in the same way an ordinary poll is closed under section 113, and, in the presence of the poll clerk and the candidates or their scrutineers, if present,

(a) separate the regular ballots, if any, from the special blank ballot envelopes;

(b) deal with and count the regular ballots in accordance with sections 114 to 122;

(c) place the special blank ballot envelopes into an envelope addressed to the Chief Electoral Officer and either

(i) deliver it personally to the returning officer, if practicable, who shall deliver it to the Chief Electoral Officer, or

(ii) deliver it to the Chief Electoral Officer; and

(d) prepare a statement of the poll, and a certificate of ballots indicating the number of regular ballots and the number of special blank ballots in the poll.

Chief Electoral Officer to sort special blank ballot envelopes

124(2)    The Chief Electoral Officer shall open the envelope delivered under clause (1)(c) and sort the special blank ballot envelopes according to the electoral divisions to which the addresses of the voters correspond.

75(2)     Subsection 124(4) is amended

(a) in the part preceding clause (a) of the English version, by striking out "electors" and substituting "voters";

(b) in clause (c), by adding ", address and telephone number" after "add the name"; and

(c) by repealing clause (d) and substituting the following:

(d) ascertain whether the voter has previously voted in the election.

75(3)     Subsections 124(5) to (7) are repealed and the following is substituted:

Rejection of certain special blank ballot envelopes

124(5)    The returning officer shall set aside and not open an envelope containing a special blank ballot if

(a) the address of the voter is not an address in the electoral division; or

(b) the name and address indicate that it contains the ballot of a person who appears to have previously voted in the election.

Opening of special blank ballot envelopes

124(6)    The returning officer shall open each remaining envelope and take out the inner envelope containing the special blank ballots and, after separating the inner envelopes from the outer envelopes so that the name of the voter cannot be identified with the ballot, open the inner envelopes and count the ballots that are not rejected.

Rejection of special blank ballots

124(7)    In counting the ballots cast for each candidate, the returning officer shall reject a special blank ballot that

(a) does not appear to have been supplied for the election;

(b) does not have in the oblong space on the front of the ballot either the name of the candidate for whom the vote is given or the word "Declined";

(c) has the name of more than one candidate;

(d) has any mark or writing made by the voter by which the voter may afterwards be identified; or

(e) indicates a vote for a candidate who has withdrawn from the election as provided in section 56.

Marks allowed on special blank ballot

124(8)    Notwithstanding subsection (7), a special blank ballot shall not be rejected

(a) because the voter, without any apparent intent of identifying himself or herself, has marked his or her vote out of, or partly out of, its proper space, if the name of the candidate for whom the voter intended to vote can be clearly identified;

(b) for the sole reason that the voter has incorrectly written the name of a candidate, if the ballot clearly indicates the voter's intent; or

(c) for the sole reason that the voter has written, in addition to the name of a candidate, the name of the registered political party by which the candidate is endorsed or the word "independent", if the ballot clearly indicates the voter's intent.

Allocating special blank ballots to candidates

124(9)    All of the special blank ballots that are not discarded or rejected shall be examined and arranged in piles according to the name of the candidate marked in the oblong box on the ballot.  Ballots that have been endorsed "declined" shall be placed in a separate pile.

Counting special blank ballots

124(10)   The returning officer shall count the number of ballots in each of the piles in the same manner as regular ballots are counted under subsections 116(3) and (4) and sections 117 to 120, with such modifications as the circumstances require.

76        Section 125 is repealed and the following is substituted:

REMOTE MOBILE ORDINARY POLLS

Procedure on closing remote mobile ordinary poll

125       Immediately after 8:00 p.m. on polling day, the deputy returning officer of a remote mobile ordinary poll established under subsection 63(1) shall,

(a) as far as is practicable, close the poll in the same manner as an ordinary poll under section 113; and

(b) in the presence of the poll clerk and the candidates or their scrutineers if present, deal with and count the ballots cast in accordance with sections 114 to 122.

REMOTE MOBILE ADVANCE POLLS

Procedure on closing remote mobile advance poll

125.1     At the close of a remote mobile advance poll established under subsection 63(2), the deputy returning officer shall follow the procedures described in subsection 81(4), with such modifications as the circumstances require.

77        "DIVISION 2" is added before the centered heading preceding section 126.

78        The following is added after subsection 128(1):

Judge to be a voter in different electoral division

128(1.1)  The judge to whom an application is made under subsection (1) must not be a voter in the electoral division for which the recount is applied for.

79        "DIVISION 3" is added before the centered heading preceding section 131.

80(1)     Subsection 131(1) is repealed and the following is substituted:

Application for judicial recount

131(1)    If a judicial recount is not required under section 128, any candidate or voter in the electoral division may, for the sole purpose of declaring as elected the candidate who obtains the highest number of votes, apply to a judge of the Court of Queen's Bench for a judicial recount of the ballots cast at the election.

Deadline for application

131(1.1)  An application under subsection (1) must be made not later than eight days after the returning officer of the electoral division has announced the results of the count of the ballots.

Judge not to be a voter in that electoral division

131(1.2)  The judge to whom an application is made under subsection (1) must not be a voter in the electoral division for which the recount is applied for.

80(2)     Subsection 131(2) is amended by striking out "at which he will conduct the judicial recount" and substituting "at which a judicial recount will be conducted."

81        Section 132 is amended by striking out "by registered mail or".

82        Section 134 is repealed and the following is substituted:

Election officers to attend

134(1)    At the time and place appointed for the judicial recount, the returning officer and the assistant returning officer or officers shall

(a) attend with the ballot boxes and documents required for the recount; and

(b) be present at all times during the recount and assist the judge and court officials in conducting it.

Returning officer responsible for ballot boxes and documents

134(2)    During a judicial recount, the ballot boxes and documents remain in the custody of the returning officer, who remains responsible for them subject to any directions that the judge may give.

83         Subsections 135(1) to (4) are repealed and the following is substituted:

Judicial recount procedure

135(1)    At the time and place appointed for the judicial recount and in the presence of the persons attending,

(a) the judge shall hear and determine every complaint or submission about ballots rejected by a deputy returning officer and ballots objected to, and either confirm or reverse the decision of the deputy returning officer;

(b) the judge, or court officials in accordance with subsection (1.2), shall open all of the sealed envelopes containing the ballots, except the envelopes containing spoiled and discarded ballots;

(c) the judge, or court officials in accordance with subsection (1.2), shall recount all the ballots counted by the several deputy returning officers, subject to the determinations made under clause (a); and

(d) the judge shall hear and determine every complaint or submission made by a party to the judicial recount concerning any ballot recounted under clause (c).

Powers of judge

135(1.1)  A judicial recount shall proceed according to the requirements of this Act concerning the counting of the ballots at the close of the polls, and for that purpose the judge has all the powers that a deputy returning officer has in making the count, and the judge may examine the poll book, including the oaths, and shall verify and correct the statement of the poll.

Role of court officials

135(1.2)  The judge may appoint a court official or officials to assist in the recount, and such officials may perform the functions described in clauses (1)(b) and (c), in accordance with the judge's directions.

Proceedings continuous

135(2)    As far as practicable, proceedings under this section must proceed continuously from 9:00 a.m. to 5:00 p.m. Monday to Friday, unless the judge and the parties agree otherwise.

Sealing up documents during recess

135(3)    At any time that the recount is not proceeding continuously, the judge or court official shall place the ballot papers and other documents relating to the election in packages or containers under their own seal and the seal of any of the parties who wish to do so, and shall take all other necessary precautions for the security of the ballots and documents.

84        Section 137 is repealed and the following is substituted:

No costs on judicial recount under section 128

137(1)    No costs may be awarded on a judicial recount under section 128.

Costs on judicial recount under section 131

137(2)    No costs may be awarded on a judicial recount under section 131 unless, in the opinion of the judge, a party to the judicial recount engaged in vexatious conduct or made unfounded allegations or objections, in which case the judge may award costs of not more than $500.

Witness fees

137(3)    Each party to a judicial recount is responsible for fees for witnesses the party has subpoenaed, other than deputy returning officers or poll clerks, whose fees are to be paid by the Chief Electoral Officer.

85(1)     Subsection 138(2) is amended by striking out "or sent by registered mail".

85(2)     The following is added after subsection 138(5):

Role of court officials

138(5.1)  The Court of Appeal may appoint a court official or officials to assist in the recount, and such officials may perform the functions described in clauses 135(1)(b) and (c) in accordance with the Court's directions.

86         "DIVISION 4" is added before the centered heading preceding section 140.

87(1)     Subsection 140(3) is amended by striking out "the keys to the ballot boxes and".

87(2)     Subsection 140(4) is amended by striking out "registered mail" and substituting "any delivery service whereby the sender is provided with an acknowledgment of receipt".

88        "DIVISION 5" is added before the centered heading preceding section 142.

89        Clause 142(1)(f) is amended by adding ", discarded and declined" after "rejected".

90        The following is added after section 142:

Delivery of voters lists to parties

142.1     As soon as practicable after an election in an electoral division, the Chief Electoral Officer shall, on request, deliver to each registered political party a copy of each official voters list prepared under subsection 51(1) that also includes all voters added to the voters list before the end of the day on polling day.

91        Clause 143(1)(b) is amended by adding ", including the oaths," after "poll books" wherever it occurs.

92        "PART 9" is added before the centered heading preceding section 145.

93        Section 151 is amended by striking out "$1.000." and substituting "$5,000."

94(1)     Clause 156(1)(a) is amended by striking out "from or strikes off" and substituting "or deletes from".

94(2)     Clause 156(2)(a) of the English version is amended by striking out "from or struck off" and substituting "or deleted from".

95        Section 163.1 is repealed and the following is substituted:

Misuse of voters list

163.1(1)  A person who uses all or any part of a voters list prepared under this Act for a purpose other than one of the following is guilty of an election offence:

(a) use of a voters list for the purpose of a federal, municipal or school election by the respective electoral authority;

(b) use of a voters list by a registered political party, a candidate nominated under this Act, a candidate as defined in The Elections Finances Act, or a Member of the Legislative Assembly to communicate with his or her constituents.

No application to use of lists for research or historical purposes

163.1(2)  Subsection (1) does not apply to a voters list more than 25 years old that is used for research or historical purposes.

Obstruction of Chief Electoral Officer

163.2     A person who obstructs or hinders, or makes a false or misleading statement to, the Chief Electoral Officer or a person appointed by the Chief Electoral Officer when conducting an investigation under section 174.1 is guilty of an election offence.

96        Section 164 is amended by striking out "$2,000." and substituting "$10,000."

97        Subsection 165(2) is amended by striking out "$200." and substituting "$2,000."

98        The following is added after section 165:

Limitation period for prosecutions

165.1     A prosecution for any offence under this Act may be commenced not later than two years after the commission of the alleged offence.

99        The centered heading preceding section 171 is repealed.

100       Subsection 171(1) is amended by striking out "subsection (2)" and substituting "subsections (2) and (3)".

101       The following is added after section 174:

PART 10

MISCELLANEOUS PROVISIONS

Investigations by the Chief Electoral Officer

174.1(1)  The Chief Electoral Officer may conduct an investigation of any matter that might constitute a contravention of this Act.

Chief Electoral Officer may appoint investigator

174.1(2)  The Chief Electoral may appoint a person to conduct an investigation on his or her behalf under this section, and such a person has the same powers and duties as the Chief Electoral Officer has under this section.

Records

174.1(3)  The Chief Electoral Officer may require any person who, in the opinion of the Chief Electoral Officer, is able to give any information about a matter under investigation

(a) to provide the information to the Chief Electoral Officer; and

(b) to produce to the Chief Electoral Officer any record that in the opinion of the Chief Electoral Officer relates to the matter under investigation and that may be in that person's possession or under that person's control.

Warrant

174.1(4)  On being satisfied on evidence given on oath or affirmation that there are reasonable and probable grounds to believe that an offence under this Act has been committed and that there are in a place records or other things that will afford evidence in respect of the commission of an offence, a justice may issue an order authorizing the Chief Electoral Officer or a peace officer to enter the place and search for and seize records or other things in accordance with the warrant.

Investigation in private

174.1(5)  The Chief Electoral Officer shall conduct an investigation in private.

Access to rental units and institutions by candidates

174.2     No person shall restrict reasonable access to

(a) dwelling units in residential complexes; or

(b) health care facilities or correctional facilities;

by nominated candidates or their authorized representatives for the purpose of canvassing or distributing election campaign material.

102       The centered heading preceding section 175 is repealed.

103       Section 177 is amended by adding "without further appropriation" at the end of the section.

104       The following is added after section 177:

Amendments

178       An amendment to this Act does not apply to an election for which a writ is issued within 90 days after the amendment comes into force.

Coming into force

105       This Act comes into force 90 days after the day it receives royal assent.