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C.C.S.M. c. E30
The Elections Act
| Table of Contents | Regulations |
(Assented to June 13, 2006)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
INTRODUCTORY PROVISIONS
DEFINITIONS
1 The following definitions apply in this Act.
"by-election" means an election other than one conducted as part of a general election. (« élection partielle »)
"candidate" means a person whose nomination as a candidate in the election has been accepted under subsection 57(2). (« candidat »)
"close of nominations" means the deadline for receiving nominations referred to in subsection 56(2). (« clôture des mises en candidature »)
"closing day for nominations" means the day referred to in subsection 56(1). (« date limite de mise en candidature »)
"commissioner" means the commissioner appointed under subsection 186(1) to ensure that this Act is complied with and enforced. (« commissaire »)
"community" means a geographic area that has an elected or appointed government, leadership or council with jurisdiction to pass rules, regulations or by-laws on matters of local concern. (« collectivité »)
"correctional facility" means
(a) a prison or other facility in which persons sentenced to imprisonment are detained, including a halfway house; or
(b) a facility in which persons awaiting trial are detained. (« établissement correctionnel »)
"court" means the Court of Queen's Bench. (« tribunal »)
"election" means an election of a person to serve as a member of the Assembly. (« élection »)
"election day" means the day set for an election under clause 49(1)(c). (« jour du scrutin »)
"election official" means a returning officer, assistant returning officer, senior voting officer, voting officer, assistant voting officer, registration officer, revising officer or revising agent appointed under this Act. (« fonctionnaire électoral »)
"election period" means the period starting on the day an election is called and ending on election day. (« période électorale »)
"electoral division" means an electoral division established under The Electoral Divisions Act. (« circonscription électorale »)
"eligible voter" means a person who is eligible under Part 2 to vote in an election. (« électeur admissible »)
"final voters list" means the voters list referred to in section 176. (« liste électorale définitive »)
"fixed date election" means a general election held on a fixed date under section 49.1. (« élections à date fixe »)
"general election" means the simultaneous holding of elections in all electoral divisions. (« élections générales »)
"health care facility" means
(a) a hospital, including a 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 Mental Disability Act. (« établissement de soins de santé »)
"official agent" means the person appointed by a candidate as his or her official agent in the candidate's nomination documents under section 55. « agent officiel »)
"official voters list" means the voters list prepared under section 93. (« liste électorale officielle »)
"political party" means an association, organization or affiliation of voters comprising a political organization whose primary purpose is the nomination and support of candidates at elections. (« parti politique »)
"preliminary voters list" means the voters list prepared under section 74. (« liste électorale préliminaire »)
"prescribed" means prescribed by the chief electoral officer. (« officiel »)
"registered political party" means a political party registered under The Elections Finances Act. (« parti politique inscrit »)
"regular voting station" means a voting station that operates only on election day, other than an institutional voting station or remote mobile voting station. (« bureau de scrutin ordinaire »)
"revised voters list" means the voters list prepared under section 89. (« liste électorale révisée »)
"revision period" means the period set out in section 77, during which applications for revision of the preliminary voters list are considered. (« période de révision »)
"rural voting area" means a voting area that is not an urban voting area. (« section de vote rurale »)
"scrutineer" means a person referred to in subsection 114(1). (« représentant d'un candidat » ou « représentant »)
"urban voting area" means a voting area in which a significant majority of the eligible voters reside in a city, town, village or other population centre. (« section de vote urbaine »)
"voters list" means a list of eligible voters for a voting area. (« liste électorale »)
"voting area" means an area of an electoral division established as a voting area under section 64. (« section de vote »)
"voting place" means a building in which one or more voting stations are located. (« centre de scrutin »)
"voting station" means a place where a person receives and marks his or her ballot in an election. (« bureau de scrutin »)
"writ" means a writ of election issued by the chief electoral officer under section 50. (« décret électoral »)
S.M. 2008, c. 43, Sch. B, s. 2.
HOW TO ESTABLISH IDENTITY
2(1) A person who is required to establish his or her identity under this Act may do so by providing
(a) an official document issued by a federal, provincial or municipal government that contains the person's name and photograph; or
(b) at least two documents that provide evidence of the person's identity satisfactory to the election official in question.
2(2) If none of the documents provided contains a current address, the person must make a signed declaration as to his or her current address.
DOCUMENTS AND OATHS
Providing documents to election officials
3(1) When documents relating to an application, nomination or objection must be provided to an election official under this Act, they may be given personally to the official or sent by mail or fax.
3(2) When documents are sent by mail or fax, legible photocopies are acceptable.
4(1) An oath required under this Act may be administered by a person authorized to administer oaths under The Manitoba Evidence Act or by the chief electoral officer, the deputy chief electoral officer or an election official.
4(2) An oath must be signed by the person making the oath and by the person administering it.
4(3) An oath must be administered free of charge.
PART 2
DEMOCRATIC RIGHTS
WHO CAN VOTE
5 A person may vote in an election if he or she is a Canadian citizen who
(a) will be at least 18 years old on election day;
(b) has resided in Manitoba for at least six months immediately before election day; and
(c) is a resident of the electoral division in which the election is being held.
6 A person may vote only once in an election.
RESIDENCY
General rules for determining residency
7 The following general rules apply in determining a person's residence under this Act:
1.
A person is a resident of the place where he or she has his or her ordinary residence, and to which he or she intends to return when away from it.
2.
A person may be a resident of only one place at a time.
3.
A person does not change residence until he or she has a new residence.
8 A person ceases to be a resident of Manitoba when he or she
(a) leaves Manitoba with the intention of becoming a resident of another place for a period of at least six months; or
(b) subject to section 12, has been absent from Manitoba for a continuous period of six months or more, even if he or she intends to return to Manitoba.
Temporary residence in Manitoba
9(1) If a Manitoba resident temporarily resides in a place in Manitoba to allow him or her to
(a) attend an educational institution for a course of instruction of six months or longer; or
(b) pursue his or her ordinary occupation in a situation that is expected to last for six months or longer;
that temporary residence is deemed to be his or her residence from the date the person begins to reside there.
9(2) A residence that is generally occupied by a person only between May and October but that is generally unoccupied between November and April will not be considered to be the person's residence unless the person does not have another residence in Manitoba where he or she resides between November and April.
10(1) A person who does not have an ordinary residence is deemed to reside at the shelter, hostel or similar institution that most frequently provides food, lodging or other social services to the person.
10(2) A person who does not have an ordinary residence must make a signed declaration respecting the place that most frequently provides food, lodging or other social services to the person in order to establish a deemed residence under subsection (1).
11 The following rules apply in determining the residence of an inmate of a correction facility:
1.
An inmate is deemed to be a resident of the electoral division in which he or she resided immediately before being imprisoned.
2.
An inmate who did not have an ordinary residence in Manitoba immediately before being imprisoned is deemed to reside in the electoral division in which the inmate's correctional facility is located.
12(1) Despite section 5, a person who leaves Manitoba and intends to return and reside in the province is eligible to vote in an election if he or she is a Canadian citizen who
(a) will be at least 18 years old on election day;
(b) is absent from Manitoba on election day
(i) while serving as a member of the Canadian Forces,
(ii) while engaged in the service of the Government of Canada or the Government of Manitoba,
(iii) while attending an educational institution,
(iv) while engaged as an employee of an international organization of which Canada is a member, or
(v) because he or she is living with a person referred to in any of subclauses (i) to (iv); and
(c) immediately before leaving Manitoba in any of the circumstances described in clause (b),
(i) had resided in Manitoba for at least six months, and
(ii) resided in the electoral division in which the election is being held.
12(2) In this section, "member of the Canadian Forces" means
(a) a member of the regular force or a special force of the Canadian Forces; or
(b) a member of the reserve force of the Canadian Forces who is on full-time training or active service.
TIME OFF WORK TO VOTE
13(1) During voting hours on election day, an employee who is an eligible voter is entitled to three consecutive hours free from work to vote.
13(2) If the employee's hours of work do not provide the three consecutive hours referred to in subsection (1), his or her employer must, at the employee's request, give the employee such additional time off work as is necessary to provide those three consecutive hours.
13(3) The required time off work may be selected by the employer at his or her discretion.
13(4) An employer must not reduce the pay of an employee, or impose any other penalty, for time taken off work under this section.
LEAVE TO PARTICIPATE IN ELECTIONS
14 To permit citizen participation in the democratic process, every employer must, if requested, grant a leave without pay to an employee who
(a) is a candidate;
(b) has been appointed as an election official or enumerator; or
(c) has been named as an election volunteer by a candidate or a registered political party.
15(1) To request a leave, the employee must apply in writing to his or her employer at least five days before the requested leave is to begin.
Notice of employer's right to request exemption
15(2) The request must include a statement that, within three days after receiving the request, the employer has the right to apply to the Manitoba Labour Board for an exemption to the requirement to grant the leave.
15(3) A request for a leave may be made either before or after an election is called.
15(4) An employee may request either a full-time or part-time leave. If the leave is part-time, the request must specify the days and hours of the leave requested.
Employer may require confirmation
15(5) The employer may require the employee to provide written confirmation that he or she is eligible for a leave under section 14.
Number of volunteers for candidate
16(1) A candidate in an election may name no more than two election volunteers.
Number of volunteers for party
16(2) In the case of a general election only, a registered political party may name no more than 20 election volunteers.
17(1) A leave must not begin
(a) in the case of a fixed date election,
(i) until 75 days before election day, for a returning officer, assistant returning officer or enumerator,
(ii) until 40 days before election day, for a revising officer or revising agent, or
(iii) until the election is called, for a candidate or election volunteer, or for an election official other than a returning officer, assistant returning officer, revising officer or revising agent; or
(b) in the case of any other election, until the election is called.
When leave ends for returning officers
17(2) A leave for a returning officer or assistant returning officer must not extend beyond the day a candidate is declared elected.
When leave ends for election officials, enumerators and volunteers
17(3) A leave for any other election official, enumerator or election volunteer must not extend beyond election day and, in the case of an election official or enumerator, ends when the person's duties under this Act are completed.
17(4) Unless ended earlier by the candidate, a leave for a candidate ends as follows:
(a) if the person withdraws as a candidate, the day after the withdrawal;
(b) in any other case, the day after election day.
Exemption if leave seriously detrimental
18(1) An employer may request an exemption from the requirement to grant a leave under section 14 if the employer believes that the leave would be seriously detrimental to the employer's operations.
18(2) To request an exemption, the employer must apply in writing to the chairperson of the Manitoba Labour Board within three days after receiving the request for leave under section 15.
19(1) When an application is received, the chairperson of the Manitoba Labour Board and the chief electoral officer must together appoint a person to decide the application on an urgent basis. If possible, they must appoint a retired judge.
19(2) The person appointed need not hold an oral hearing but may instead make a decision on the basis of written submissions.
19(3) The decision of the person appointed is final and binding and is not subject to appeal.
Contribution to benefit plans may continue
20(1) An employee who participates in a plan for pension, medical or other benefits may continue to contribute to that plan while on leave, if he or she
(a) makes a written request to his or her employer before or immediately after the leave begins; and
(b) pays to the plan both the employee's and the employer's contributions or premiums.
20(2) At the end of a leave, the employer must reinstate the employee to the position occupied immediately before the leave began or a comparable position, with no less pay and other benefits than the employee was entitled to immediately before the leave began.
20(3) For the purpose of vacation entitlements and pension and other benefits, the employment of an employee who has taken a leave is deemed to be continuous.
20(4) An employer must not, because of a leave taken by an employee,
(a) dismiss, lay off, suspend, demote or transfer the employee; or
(b) give the employee less favourable conditions of employment than he or she is entitled to, or diminish any benefit related to the employment that the employee is entitled to.
21 An employee who alleges a contravention of section 14 or 20 may make a complaint to the Manitoba Labour Board under subsection 30(1) of The Labour Relations Act. The matter must be dealt with as an unfair labour practice under that Act.
PART 3
CHIEF ELECTORAL OFFICER
APPOINTING A CHIEF ELECTORAL OFFICER
22(1) The President of the Executive Council must convene a meeting of the Standing Committee on Legislative Affairs if
(a) the office of the chief electoral officer is vacant; or
(b) the chief electoral officer has resigned and the resignation takes effect within 12 months.
22(2) The Standing Committee on Legislative Affairs must consider candidates for the position and make recommendations to the President of the Executive Council.
Appointing chief electoral officer
23 On the recommendation of the Standing Committee of the Assembly on Legislative Affairs, the Lieutenant Governor in Council must appoint a chief electoral officer as an officer of the Assembly.
24(1) The chief electoral officer must be paid a salary within the range of salaries paid to senior deputy ministers in the civil service, and is entitled to the same privileges of office as a senior deputy minister.
24(2) The salary of the chief electoral officer must not be reduced except by a resolution of the Assembly carried by a vote of 2/3 of the members voting.
24(3) The chief electoral officer is an employee within the meaning of The Civil Service Superannuation Act.
25 The chief electoral officer must not vote in an election, and must not engage in partisan political activities.
REMOVING OR SUSPENDING A CHIEF ELECTORAL OFFICER
26(1) The Lieutenant Governor in Council may suspend or remove the chief electoral officer from office on a resolution of the Assembly carried by a vote of 2/3 of the members voting.
Suspension if Assembly not sitting
26(2) When the Assembly is not sitting, the Lieutenant Governor in Council may suspend the chief electoral officer for cause, if advised to do so in writing by a majority of a committee consisting of the President of the Executive Council and the recognized leaders of the members belonging to the political parties in opposition.
26(3) A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect.
RESPONSIBILITIES OF THE CHIEF ELECTORAL OFFICER
27 The chief electoral officer must
(a) exercise general direction and supervision over the conduct of elections;
(b) ensure that election officials carry out their duties fairly and impartially and in compliance with this Act;
(c) give election officials any instructions that the chief electoral officer considers necessary to administer this Act; and
(d) perform any other duties required by this Act or any other Act.
28(1) The chief electoral officer may
(a) extend the time for doing anything under this Act;
(b) increase the number of election officials or enumerators;
(c) increase the number of voting stations;
(d) omit or vary a prescribed form to suit existing circumstances;
(e) modify a provision of this Act to permit its use at a by-election; and
(f) generally, adapt the provisions of this Act to existing circumstances.
28(2) The chief electoral officer may not extend the hours for opening or closing a regular or advance voting station, or for accepting nominations.
Public information and education
29 The chief electoral officer may at any time
(a) provide the public with information about the electoral process, the right to vote, the right to be a candidate and the operation of this Act; and
(b) implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights.
30(1) The chief electoral officer may prescribe forms for use under this Act.
30(2) The chief electoral officer may decide the form and content of notices and other documents under this Act, and the way in which they are to be published when publication is required.
APPOINTING A DEPUTY CHIEF ELECTORAL OFFICER AND OTHER STAFF
31(1) A deputy chief electoral officer must be appointed in accordance with The Civil Service Act, as well as other officers and employees necessary to enable the chief electoral officer to perform the duties of the office.
31(2) If the chief electoral officer is absent or unable to act or if the office is vacant, the deputy chief electoral officer must act in his or her place. When doing so, the deputy has all the powers of the chief electoral officer.
31(3) The deputy chief electoral officer and other officers and employees employed under the chief electoral officer must not engage in partisan political activities.
REPORTING TO THE ASSEMBLY
32(1) The chief electoral officer must present 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.
32(2) A report may include recommendations for amendments to this Act.
32(3) The Speaker must table a report in the Assembly without delay if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
Referral to standing committee
32(4) A report that contains recommendations about amendments to this Act stands referred to the Standing Committee of the Assembly on Legislative Affairs. The Committee must begin considering the report within 60 days after it is tabled in the Assembly.
Report may be combined with Elections Finances report
32(5) A report may be combined with the annual report required under section 99 of The Elections Finances Act.
PART 4
ELECTION OFFICIALS
WHO MAY NOT BE AN ELECTION OFFICIAL
Who may not be an election official
33 The following persons may not be appointed and may not act as an election official or enumerator:
(a) a member of the Assembly or the Executive Council;
(b) a member of the House of Commons or the Senate of Canada;
(c) a judge of any court or a justice of the peace;
(d) a candidate;
(e) a person who has been convicted of an offence under this Act;
(f) a person who, within five years before the proposed appointment,
(i) was convicted of an indictable offence, or
(ii) served any part of a term of imprisonment for an indictable offence.
RETURNING OFFICERS AND ASSISTANT RETURNING OFFICERS
34(1) For each electoral division, the chief electoral officer must appoint a returning officer to be responsible for the conduct of any election in that division.
34(2) The appointment of a returning officer is to be based on merit.
34(3) The chief electoral officer must publish a notice of each appointment in the gazette.
Appointing assistant returning officers
35(1) For each electoral division, the chief electoral officer must appoint one or more assistant returning officers to assist the returning officer.
35(2) If the returning officer is absent or unable to act, or if the office is vacant, the assistant returning officer — or if there is more than one, the one designated by the chief electoral officer — must act as the returning officer.
RO and ARO must be eligible voters
36(1) The returning officer and each assistant returning officer must be eligible voters of the electoral division, except where an appointment must be made in an emergency or another special circumstance.
If RO or ARO ceases to reside in division
36(2) A returning officer or assistant returning officer who ceases to reside in the electoral division for which he or she is appointed must promptly notify the chief electoral officer, in writing. The appointment ends three months after residency ceases, unless before that date the officer resigns or the appointment is rescinded.
37(1) The appointment of a returning officer or assistant returning officer ends six months after the day a candidate is declared elected in the electoral division.
37(2) A person may be re-appointed as a returning officer or assistant returning officer if his or her performance has been satisfactory.
38 Once appointed, a returning officer or assistant returning officer must not
(a) be a member or employee of a registered political party, a political party or a constituency association, or hold a position with or contribute to any of them;
(b) be an employee of a candidate or a person seeking to be a candidate, or hold a position with or contribute to either of them; or
(c) engage in partisan political activities of any other kind.
Replacing a returning officer or assistant returning officer
39 The chief electoral officer may rescind the appointment of a returning officer or an assistant returning officer and appoint a replacement if the chief electoral officer is satisfied that the officer
(a) is unable to perform his or her duties for any reason;
(b) has failed to perform his or her duties satisfactorily;
(c) has not followed an instruction of the chief electoral officer; or
(d) after being appointed, engaged in partisan political activities, whether or not in the course of performing duties under this Act.
40(1) Repealed.
S.M. 2008, c. 43, Sch. B, s. 4.
VOTING OFFICERS AND ASSISTANT VOTING OFFICERS
41(1) When an election is called for an electoral division, the returning officer must appoint an eligible voter of the division as a voting officer for each voting station.
41(2) The returning officer may act as the voting officer for an advance voting station located in the returning office, and the assistant returning officer may act as the assistant voting officer.
41(3) The returning officer may appoint a senior voting officer to supervise and assist all the election officials at a voting place.
Appointing assistant voting officers
42(1) For each voting station, the returning officer must appoint an eligible voter of the electoral division as an assistant voting officer to keep the voting book and assist the voting officer.
Replacement for voting officer
42(2) If the voting officer is absent or unable to act and a replacement has not been appointed, the assistant voting officer must act as the voting officer. In that case, the assistant voting officer may appoint another person as assistant voting officer, and may administer an oath to that person.
REGISTRATION OFFICERS AND INFORMATION OFFICERS
Appointing registration officers
43 To assist persons who wish to be added to the voters list, the returning officer may appoint an eligible voter of the electoral division as a registration officer for one or more voting areas.
Appointing information officers
44 To direct and assist voters at a voting place, the returning officer may appoint one or more persons as information officers.
GENERAL PROVISIONS
45(1) Upon being appointed, an election official or enumerator must take an oath of office in the prescribed form.
Oaths sent to chief electoral officer
45(2) Each oath must be sent to the chief electoral officer.
45(3) If an election official must assume the responsibilities of another election official for any reason, another oath is not required.
Replacing an enumerator or election official
46(1) In any of the circumstances mentioned in section 39, the person with authority to appoint
(a) an enumerator; or
(b) an election official other than a returning officer or assistant returning officer;
may rescind the appointment and appoint a replacement.
46(2) An enumerator or election official whose appointment is rescinded must deliver any material in his or her possession to the person specified by the authority rescinding the appointment.
Election officials from outside the electoral division
47 If the returning officer is unable to find suitable eligible voters in the electoral division to appoint as election officials, the chief electoral officer may, in writing, authorize the appointment of eligible voters from outside the electoral division.
If election official not qualified
48 If a person who is not qualified is appointed as an election official or enumerator, no action taken by the person is invalid solely because he or she was not qualified.
PART 5
CALLING AN ELECTION
WRIT OF ELECTION
49(1) To call an election, the Lieutenant Governor in Council must make an order that does the following:
(a) directs the chief electoral officer to issue a writ of election, in the prescribed form, to the returning officer for each electoral division in which an election is to be held;
(b) sets the date the writ is to be issued;
(c) sets as election day a Tuesday
(i) that is at least 28 days but not more than 35 days after the date the writ is issued, in the case of a fixed date election, or
(ii) that is at least 32 days but not more than 39 days after the writ is issued, in the case of any other election.
49(2) In the case of a general election, election day must be the same for all electoral divisions.
General election cancels by-election
49(3) If a general election is called before election day for a by-election that is in progress, the by-election is cancelled and the election for that electoral division is to take place as part of the general election.
S.M. 2008, c. 43, Sch. B, s. 5.
Powers of Lieutenant Governor preserved
49.1(1) Nothing in this section affects the powers of the Lieutenant Governor, including the power to dissolve the Legislature at the Lieutenant Governor's discretion.
General election on first Tuesday in October
49.1(2) Subject to subsection (1) and section 51.1,
(a) a general election must be held on Tuesday, October 4, 2011, unless a general election has been held between the coming into force of this section and October 3, 2011; and
(b) thereafter, a general election must be held on the first Tuesday in October in the fourth calendar year after election day for the last general election.
S.M. 2008, c. 43, Sch. B, s. 6.
50 Upon receiving an order under section 49, the chief electoral officer must
(a) issue the writ or writs of election in accordance with the order; and
(b) publish a notice of the election indicating the election day, the closing day for nominations, and any other information the chief electoral officer considers necessary.
NOTICE OF ELECTION
RO to prepare notice of election
51(1) As soon as possible after receiving a writ of election, the returning officer must prepare a notice of the election in the prescribed form that includes the following information:
1.
The dates and times at which the returning officer will receive nominations of candidates at the returning office.
2.
The deadline for receiving nominations, which is
(a) 1:00 p.m. on the Tuesday that is 21 days before election day, in the case of a fixed date election; or
(b) 1:00 p.m. on the Monday that is 15 days before election day, in the case of any other election.
3.
The places, dates and hours for revision of the voters lists.
4.
The places, dates and hours for advance voting.
5.
The election day.
6.
The day on which the returning officer will either declare a candidate elected or announce the date to which the declaration is postponed.
7.
A description of the voting areas and the locations of voting stations in the electoral division.
51(2) The returning officer must post a copy of the notice of election in the returning office and, if the electoral division contains a rural voting area, in at least one conspicuous place in that area.
S.M. 2008, c. 43, Sch. B, s. 7.
POSTPONING AN ELECTION
Postponing an election in an electoral division
52 If the chief electoral officer certifies that it is impossible for any reason to close nominations on the day specified in subsection 56(1) or to hold an election in an electoral division on the day set in the order for election, the Lieutenant Governor in Council may order that a new writ be issued and may, despite any other provision of this Act, specify in that order a new closing day for nominations, or a new election day, or both.
S.M. 2008, c. 43, Sch. B, s. 8.
PART 6
CANDIDATES
WHO MAY BE NOMINATED
53(1) A person may be nominated as a candidate if he or she is a Canadian citizen who
(a) will be at least 18 years old on election day; and
(b) has resided in Manitoba for at least six months immediately before election day.
53(2) As exceptions to subsection (1), none of the following persons may be nominated:
(a) a member of the House of Commons or the Senate of Canada or of the Assembly of another province or territory;
(b) a member of council of a municipality;
(c) a person who may not be nominated under sections 12 to 17 of The Legislative Assembly Act;
(d) an election official or enumerator;
(e) a person who is imprisoned in a correctional institution;
(f) a person convicted of an offence under sections 178 to 183 within five years before election day.
Person may be a candidate in only one electoral division
54 A person may be nominated as a candidate in only one electoral division at a time.
MAKING A NOMINATION
55 A nomination must be in the prescribed form and include the following:
1.
A statement by the prospective candidate of
(a) his or her legal name and residential address;
(b) the name by which he or she is publicly known, if this is different from the legal name and the candidate wishes to have that name on the ballot instead;
(c) his or her official agent's name and residential address;
(d) an address for serving documents under this Act or The Elections Finances Act on the candidate and the official agent if they are different from the addresses given under clause (a) or (c); and
(e) the name of any political party that has endorsed the prospective candidate.
2.
A signed declaration of the prospective candidate that he or she is qualified to be nominated.
3.
A statement by the prospective candidate consenting to the nomination.
4.
If the candidate is endorsed by a political party, a statement by the prospective candidate consenting to the endorsement.
5.
A statement by the official agent consenting to act in that capacity.
6.
The names and addresses of at least 100 eligible voters in the electoral division who support the nomination, and a signed declaration of each of them that they are eligible to vote in the electoral division.
56(1) The closing day for nominations is
(a) the Tuesday that is 21 days before election day, in the case of a fixed date election; or
(b) the Monday that is 15 days before election day, in the case of any other election.
Deadline for receiving nominations
56(2) The nomination documents required by section 55 must be received by the returning officer after the election is called and before 1:00 p.m. on the closing day for nominations.
Obligation to ensure documents received
56(3) The obligation to ensure that the nomination documents are received in accordance with this section rests with the prospective candidate.
S.M. 2008, c. 43, Sch. B, s. 9.
57(1) Upon receiving nomination documents, the returning officer must review them, in accordance with the chief electoral officer's instructions, to ensure that they are complete.
Notice to candidate of acceptance or refusal
57(2) As soon as possible after reviewing nomination documents, the returning officer must give the prospective candidate
(a) a certificate accepting the nomination, which indicates that the person is a candidate in the election; or
(b) notice that the returning officer refuses to accept the nomination.
Correcting or replacing documents
57(3) Nomination documents that are not accepted may be replaced or corrected if the new or corrected documents are filed with the returning officer before the close of nominations.
ENDORSEMENT BY A REGISTERED POLITICAL PARTY
Party to provide names of endorsed candidates
58(1) Before the close of nominations, each registered political party and each political party that intends to become registered must provide the chief electoral officer with a written statement setting out the names of the prospective candidates it has endorsed and their electoral divisions. The statement must be signed by the president, leader or chief financial officer of the party.
58(2) A prospective candidate whose name is not provided to the chief electoral officer before the close of nominations under subsection (1) must be described on the ballot as "independent".
58(3) After receiving the names of endorsed prospective candidates, the chief electoral officer must verify with the appropriate returning officer that each candidate on the list has consented to the endorsement.
Party may endorse only one candidate per division
58(4) A political party may endorse only one prospective candidate in each electoral division.
NOTICE OF CANDIDATES
59(1) As soon as possible after the close of nominations, the returning officer must
(a) provide the chief electoral officer with the names, addresses and political party endorsements of the nominated candidates in the order in which they are to be printed on the ballot, the names and addresses of their official agents, and any other information the chief electoral officer requires; and
(b) give each candidate or his or her official agent a list of the nominated candidates.
59(2) Upon receiving the information under clause(1)(a), the chief electoral officer must publish
(a) the name and political party endorsement of each candidate;
(b) each candidate's residential address, unless the candidate informs the chief electoral officer that he or she does not wish the address disclosed for personal security reasons; and
(c) the name of each candidate's official agent.
ACCLAMATION
60 If after the close of nominations the returning officer has confirmed the nomination of only one candidate, the returning officer must
(a) certify on the writ of election that the candidate is elected and return the writ to the chief electoral officer; and
(b) return any election material, including voters lists, to the chief electoral officer.
WITHDRAWAL OF CANDIDATE
61(1) At any time before election day, a candidate may withdraw from the election by filing a signed declaration to that effect with the returning officer.
61(2) The candidate's signature on the withdrawal must be witnessed by another person, who must sign as witness.
61(3) The returning officer must promptly notify the chief electoral officer and the other candidates in the election, in writing, of the withdrawal. The chief electoral officer must publish a notice of the withdrawal in the electoral division.
DEATH OF CANDIDATE
62(1) If a candidate dies before the close of voting on election day,
(a) the returning officer must notify the chief electoral officer of the death, in writing; and
(b) the election is postponed.
62(2) On the first Tuesday after receiving notice that a candidate has died, the chief electoral officer must issue a writ for a new election, in the prescribed form.
62(3) The writ for the new election must set as the election day the Tuesday that is 35 days after the date the writ is issued.
62(4) A person who was a candidate in the original election
(a) is not required to file new nomination documents; and
(b) is deemed to be a candidate in the new election unless he or she withdraws.
S.M. 2008, c. 43, Sch. B, s. 10.
REPLACING AN OFFICIAL AGENT
63(1) If, at any time before the obligations of a candidate's official agent under The Elections Finances Act have been satisfied, the official agent dies, resigns or is incapacitated, or if his or her appointment is revoked, the candidate must immediately appoint another official agent and send a notice with the agent's name and address to
(a) the returning officer, until election day; or
(b) the chief electoral officer, after election day.
63(2) Upon receiving notice that a candidate has appointed a new official agent, the returning officer must immediately notify the chief electoral officer, who must publish a new notice under subsection 59(2).
PART 7
VOTERS LISTS
DIVISION 1
VOTING AREAS
64(1) An electoral division must be divided into voting areas for the purpose of preparing voters lists and establishing voting stations.
64(2) The returning officer for an electoral division must establish new voting areas when the boundaries of the electoral division change or the chief electoral officer so requests.
64(3) The returning officer must, where practical, try to ensure that an urban voting area contains approximately 350 eligible voters and no more than 400 eligible voters.
64(4) The returning officer must, where practical, try to ensure that a rural voting area contains approximately 250 eligible voters.
Separate voting area for apartments
64(5) The returning officer must establish a separate voting area for an apartment, condominium complex or other multiple residence containing at least 100 units to permit residents to vote in their own building, unless the returning officer determines that it is not practical to operate a voting station in the building.
64(6) In establishing voting areas, the returning officer must consider
(a) geographic and other factors that affect the convenience of voters; and
(b) municipal and federal voting areas in the electoral division.
64(7) The returning officer must accurately describe the boundaries of each voting area and give each area a consecutive number.
DIVISION 2
ENUMERATION
LIST OF ADDRESSES
List of addresses for every electoral division
64.1(1) The chief electoral officer must prepare a list of addresses for every electoral division in the province to assist in conducting enumerations in electoral divisions.
64.1(2) The chief electoral officer may take any steps he or she considers necessary to update a list of addresses and ensure that it is as accurate as possible.
64.1(3) The chief electoral officer may obtain information to prepare and update the list of addresses from any source he or she considers reliable, including the following:
(a) any department or agency of the Government of Manitoba;
(b) any municipality or local government district in Manitoba;
(c) the Chief Electoral Officer of Canada.
Obligation to provide information
64.1(4) When the chief electoral officer requests information from an entity mentioned in clause (3)(a) or (b), the entity is required to provide the information.
64.1(5) The chief electoral officer may enter into an agreement with the Chief Electoral Officer of Canada
(a) to provide information from the list of addresses that will assist in preparing or updating a list of voters for a federal election; and
(b) to receive information that will assist in preparing or updating the list of addresses.
S.M. 2008, c. 43, Sch. B, s. 11.
ENUMERATORS
65(1) Except as otherwise provided in this Act, the returning officer for an electoral division must ensure that an enumeration is conducted to identify eligible voters before an election is held.
65(2) The returning officer must appoint persons to conduct the enumeration. The appointments must be made
(a) no sooner than 75 days before election day, in the case of a fixed date election; and
(b) when the election is called, in the case of any other election.
S.M. 2008, c. 43, Sch. B, s. 12.
66(1) An enumerator must obtain the following information about each eligible voter enumerated:
(a) the voter's name;
(b) in an urban area, the voter's civic and mailing address;
(c) in a rural area, the voter's geographic location and mailing address;
(d) the voter's telephone number, if it is provided to the enumerator.
66(2) A person is presumed to reside in the place in the electoral division where he or she resides at the time of enumeration.
Information to returning officer
66(3) An enumerator must give the returning officer the information obtained about each eligible voter enumerated
(a) at least 43 days before election day or by an earlier date specified by the returning officer, in the case of a fixed date election; or
(b) at least three days before the close of nominations or by an earlier date specified by the returning officer, in the case of any other election.
S.M. 2008, c. 43, Sch. B, s. 13.
67 When conducting an enumeration, an enumerator must wear identification supplied by the returning officer.
68 When conducting an enumeration, an enumerator must be given access to the entrance door of each residence in an apartment, condominium complex or other multiple residence.
CONDUCTING THE ENUMERATION
House-to-house canvass in urban areas
69(1) An enumerator must visit each residence in an urban voting area at least once. If the required information is not obtained on the first visit, an enumerator must visit again. One visit must take place in the evening and another in the daytime.
69(2) An enumerator conducting an enumeration in an urban voting area may use any available source to supplement or verify the information obtained during the house-to-house canvass.
70(1) An enumerator conducting an enumeration in a rural voting area must, if practical, try to obtain the required information by visiting each residence in the area at least once.
Other means of obtaining information
70(2) If it is not practical in a rural voting area to obtain the required information through a house-to-house canvass, the enumerator may obtain the information by telephone or from any other available source of information.
71 If an enumerator conducting a house-to-house canvass is unable to determine if an eligible voter lives at a residence, he or she must leave a calling card in the prescribed form at the residence stating
(a) that the enumerator called but was unable to determine if any eligible voter lived at the residence; and
(b) that any eligible voter living at the residence should call the telephone number shown on the card.
72 The enumerator must ensure that an enumeration record is left at, or delivered to, the residence of each eligible voter who has been enumerated. The enumeration record must state that the voter's name will be on the voters list.
WHEN ENUMERATION NOT REQUIRED
73(1) For an electoral division in which an election is called within one year after the call of the last election, the Lieutenant Governor in Council may, when calling the election, order that the final voters list from the previous election be used as the preliminary voters list.
73(2) When an order is made under subsection (1), the chief electoral officer must
(a) give the returning officer a certified copy of the final voters list from the previous election for each voting area in the electoral division; and
(b) ensure that a notice is sent to the residence of each person on the voters list advising that their name will be on the voters list.
73(3) Section 75 (copies of preliminary list) applies, with necessary changes, when an order is made under subsection (1).
DIVISION 3
PRELIMINARY VOTERS LIST
Preparing preliminary voters list
74(1) The returning officer must prepare a preliminary voters list for each voting area in the electoral division, using information supplied by the enumerators.
Information on preliminary voters list
74(2) The preliminary voters list must
(a) be arranged by streets, avenues or other types of roads, unless the chief electoral officer requires the list to be arranged in alphabetical order by voter surname; and
(b) assign a consecutive number to each person on the preliminary voters list and include all information that the enumerator obtained about each person.
Format of preliminary voters list
74(3) The preliminary voters list must be prepared using a standard format and consistent wording, in accordance with written directions from the chief electoral officer.
Deadline for completing preliminary voters list
74(4) The returning officer must complete, date and sign a preliminary voters list for each voting area in the electoral division
(a) at least 40 days before election day, in the case of a fixed date election; or
(b) at least two days before the close of nominations, in the case of any other election.
S.M. 2008, c. 43, Sch. B, s. 14.
Providing copies of preliminary voters list
75(1) The returning officer must provide the chief electoral officer and each candidate in the election with a copy of the preliminary voters list.
Copies of preliminary list to parties
75(2) If requested, the chief electoral officer must provide each registered political party with a copy of the preliminary voters list for each voting area in the province.
Preliminary list in electronic format
75(3) The preliminary voters list is to be provided in electronic form. A copy of the preliminary voters list may be provided in paper form upon request.
S.M. 2008, c. 43, Sch. B, s. 15.
Preliminary list available for inspection
76(1) When the preliminary voters lists have been completed, the returning officer must keep a copy of each preliminary voters list in his or her office and make the list available for public inspection for electoral purposes during office hours on every day in the election period other than a holiday, until election day.
76(2) Repealed, S.M. 2008, c. 43, Sch. B, s. 16.
S.M. 2008, c. 43, Sch. B, s. 16.
DIVISION 4
REVISION
REVISION PERIOD
77(1) Applications for revision of the preliminary voters list must be considered
(a) from the day the preliminary voters list is completed until the second Thursday before election day, in the case of a fixed date election; or
(b) for four consecutive days, beginning on the Monday after the preliminary voters list is completed, in the case of any other election.
Longer period if old list is used
77(2) As an exception to subsection (1), if the Lieutenant Governor in Council has made an order under subsection 73(1) requiring the final voters list for the previous election to be used, applications for revision must be considered over a two-week period beginning on the Monday after the election is called.
77(3) The revision must be conducted in the office of the returning officer
(a) from 8:00 a.m. to 8:00 p.m. on a day other than Sunday; and
(b) from 12:00 p.m. to 6:00 p.m. on Sunday.
77(4) If approval is obtained from the chief electoral officer, revision may also be conducted at other locations at such times as the returning officer considers appropriate.
S.M. 2008, c. 43, Sch. B, s. 17.
78(1) The chief electoral officer must arrange for public notice of the revision to be given, which must state
(a) that an eligible voter who did not receive an enumeration record should find out if his or her name is on the voters list, and if it is not, the voter may apply to have it added during the revision period; and
(b) that additional information about the revision may be obtained from the returning officer.
78(2) The chief electoral officer may include any other information in the notice that he or she considers appropriate.
ENUMERATION DURING REVISION
79(1) The returning officer may appoint persons as revising agents to enumerate eligible voters who were not included on the preliminary voters list.
79(2) When performing his or her duties, a revising agent must wear identification supplied by the returning officer.
REVISING OFFICERS
Returning officer as revising officer
80(1) The returning officer may act as revising officer for the electoral division.
80(2) The returning officer may appoint one or more eligible voters from the electoral division as revising officers.
CANDIDATE'S REPRESENTATIVES
81(1) Two representatives of a candidate may be present at the office of the returning officer or any other location when revision is being conducted, to act as observers.
81(2) In order to act as a candidate's representative at revision, a person must
(a) be at least 18 years old;
(b) be appointed by the candidate or the candidate's official agent in the prescribed form and produce the form to the revising officer; and
(c) take an oath in the prescribed form.
APPLICATIONS FOR REVISION
82(1) During the revision period,
(a) an eligible voter may apply to the revising officer to have his or her name added to the voters list or to correct any information about the voter on the voters list; and
(b) any person may apply to the revising officer to have his or her name removed from the voters list.
82(2) The applicant must complete and sign an application in the prescribed form and establish his or her identity to the revising officer in accordance with section 2.
83(1) A person's relative, spouse or common-law partner may apply in accordance with section 82 to have the person's name added to the voters list or to correct any information about the person on the preliminary voters list.
83(2) The applicant must
(a) complete and sign an application in the prescribed form setting out his or her relationship to the person who is the subject of the application; and
(b) establish the identity of the person who is the subject of the application to the revising officer in accordance with section 2.
84 A revising officer may approve the revision requested in an application only if the applicant has provided sufficient proof to support the requested revision.
OBJECTIONS
85(1) During the revision period, an eligible voter may file an objection with the returning officer about the inclusion of a person on the preliminary voters list on the basis that the other person is dead or is not an eligible voter.
85(2) The objection must be made in writing and must specify
(a) the name and address, as shown on the preliminary voters list, of the person who is the subject of the objection;
(b) the basis of the objection, including a statement of facts supporting the objection; and
(c) the name and address of the person making the objection.
Notice to subject of objection
85(3) Unless it is known that the subject of the objection is dead, when an objection that appears to have merit is received, the returning officer must promptly send a copy of it, by a method that provides confirmation of delivery, to the subject of the objection at
(a) the subject's address, as shown on the preliminary voters list; and
(b) any other address for the subject provided by the objector.
85(4) If the objection is made on the basis that a person is dead, the revising officer must search records kept under The Vital Statistics Act to determine if there is a record of the person's death.
Resolving objection that person died
85(5) If there is a record of the person's death, the revising officer must allow the objection. If no record of death is found, the objection must be resolved in accordance with clause (6)(c).
Resolving objection re eligibility
85(6) If the objection is made on the basis that a person on the preliminary voters list is not an eligible voter, the objection is to be resolved as follows:
(a) if, after receiving notice of the objection, the subject of the objection provides proof satisfactory to the revising officer that he or she is an eligible voter and makes a signed declaration as to his or her eligibility, the officer must reject the objection;
(b) if, after receiving notice of the objection, the subject of the objection contacts the revising officer but fails to
(i) provide proof satisfactory to the revising officer that he or she is an eligible voter, or
(ii) make a signed declaration as to his or her eligibility,
the officer must allow the objection;
(c) if the subject of the objection does not contact the revising officer, the officer may allow the objection only if he or she is satisfied that the subject of the objection is not an eligible voter.
OTHER CHANGES DURING REVISION
86(1) A revising officer who discovers incorrect information on the preliminary voters list during the revision period must record the changes required to correct the error.
86(2) If an enumeration conducted during the revision period identifies an eligible voter who was not on the preliminary voters list, the revising officer must record information about the voter so that the voter may be added to the revised voters list.
RECORD OF REVISION
87 A revising officer must keep a record of revision on which the officer records
(a) every addition, correction or deletion to be made to the preliminary voters list as a result of the revision; and
(b) every decision made concerning applications and objections received during the revision period.
88(1) The revision is closed at 8:00 p.m. on the last day of the revision period and no revising officer may consider an application or objection received after that time.
88(2) At the close of revision, each revising officer must sign his or her record of revision and deliver it to the returning officer.
REVISED VOTERS LIST
89(1) Upon receiving the record of revision from each revising officer, the returning officer must prepare a revised voters list for each voting area in the electoral division that makes all the changes to the preliminary voters lists specified in the records of revision.
89(2) The revised voters list must be in the form specified by the chief electoral officer and must be signed by the returning officer.
89(3) Copies of the revised voters list are to be provided in accordance with section 75 (copies of preliminary list).
APPEALS
90(1) The following decisions made during revision may be appealed in accordance with this section:
(a) a decision to remove a person's name from the voters list may be appealed by that person;
(b) a decision to add a person's name to the voters list may be appealed by any eligible voter in the electoral division;
(c) a decision to reject an application to add a person's name to the voters list may be appealed by the applicant;
(d) a decision to reject an objection may be appealed by the objector.
90(2) An appeal must be commenced by an application to the court made at least seven days before election day.
90(3) The appellant must name as respondents to the application
(a) the returning officer for the electoral division; and
(b) the person whose name is sought to be removed from the voters list, if the appellant objects to that person's inclusion on the voters list.
Appeal to be heard on urgent basis
90(4) The court must hear the appeal on an urgent basis.
90(5) The court must make a decision on the appeal by the third day before election day.
Notice of names added or deleted on appeal
90(6) Immediately after an appeal is concluded, the returning officer must notify the chief electoral officer and each candidate of the name of any person added to or deleted from the voters list as the result of the court's decision.
90(7) The decision of the court is final and is not subject to appeal.
ADDITIONAL CHANGES AFTER REVISION
91(1) If, at any time between the close of revision and election day, the returning officer determines that an eligible voter in the electoral division is not on the voters list, the returning officer may apply to the chief electoral officer to add the voter's name to the voters list.
91(2) If the chief electoral officer authorizes the addition of a name to the voters list, the returning officer must immediately provide each candidate or candidate's agent in the electoral division with notice of the name added.
Change of residence after revision
92(1) A resident of one electoral division who becomes a resident of another electoral division between the close of revision and the Monday before election day may apply in person to the returning officer of the electoral division in which he or she now resides to have his or her name added to the voters list of that electoral division.
92(2) The returning officer may add the person's name to the voters list if the officer is satisfied that the person has become a resident of the electoral division.
92(3) When a name is added to the voters list under subsection (2), the returning officer must notify the returning officer of the electoral division in which the person previously resided that the person is on the voters list in the electoral division where he or she now resides.
92(4) Upon receiving a notice under subsection (3), the returning officer must determine if the person's name is on the voter's list and, if it is, strike it from the list.
DIVISION 5
OFFICIAL VOTERS LIST
93(1) The returning officer must prepare the official voters list for each voting area by attaching the following to the preliminary voters list:
(a) the revised voters list;
(b) a list of any additional changes made to the voters list after the close of revision.
93(2) The returning officer must
(a) keep a copy of the official voters list for every voting area in the electoral division for use in connection with homebound and absentee voting;
(b) give each voting officer of an advance voting station a copy of the official voters list for every voting area in the electoral division, after striking off the name of every person on the list who has voted as an absentee or homebound voter at the time the list is given; and
(c) give each voting officer a copy of the official voters list for his or her voting area for use on election day, after striking off the name of every person on the list who has voted at an advance voting station or as an absentee or homebound voter.
DIVISION 6
MISCELLANEOUS
PERSONAL SECURITY PROTECTION
94(1) Despite any other provision of this Act, the name, address, telephone number and all other personal information about a person must be omitted or obscured from any voters lists and any other record prepared under this Act that is available to the public, if the person applies to have that information omitted or obscured to protect his or her personal security.
94(2) The application must
(a) be made in writing to a returning officer between the day the election is called and the Saturday before election day;
(b) set out the person's name, address and telephone number;
(c) contain a signed declaration that the person is applying for reasons of personal security; and
(d) include the documents required under section 2 to establish the applicant's identity and residence.
94(3) Upon receiving an application that meets the requirements of subsection (2), the returning officer must assign a personal security number to the applicant that is to be used as a replacement, in all cases, for the person's name, address, telephone number and signature under this Act.
94(4) When a person is assigned a personal security number, the returning officer must determine whether the person's name appears on the voters list for the electoral division. If so, the returning officer must obscure the person's name, address and telephone number and add the person's personal security number to the voters list. If the name does not appear, the returning officer must determine whether the applicant resides in the electoral division and, if so, add the person's personal security number to the voters list.
Placing security number on voters list
94(5) The personal security number must be placed at the end of the voters list for the entire electoral division.
94(6) A person who has been assigned a personal security number may vote only by homebound ballot in accordance with Division 5 of Part 10.
Powers of chief electoral officer
94(7) The chief electoral officer may take any steps he or she considers necessary to protect the personal security of applicants under this section, including adapting the provisions of this Act.
AUTHORIZED USE OF VOTERS LISTS
95(1) A voters list, or any part of a voters list, may be used only
(a) for the purposes set out in this Act;
(b) by an electoral authority for purposes related to the conduct of a federal, municipal or school board election in accordance with an agreement under section 97; or
(c) to assist a registered political party, a candidate nominated under this Act, a candidate as defined in The Elections Finances Act, or a member of the Assembly to communicate with persons on the list.
95(2) Despite subsection (1), a voters list that is more than 25 years old may be used for research or historical purposes.
Tracing unauthorized use of voters list
96 For the purpose of tracing unauthorized uses of the voters list, the chief electoral officer may have fictitious voter information included on a voters list.
AGREEMENTS RE USE OF VOTERS LIST
Agreements re use of voters list
97(1) The chief electoral officer may enter into an agreement with any body responsible under federal or provincial law for establishing a list of voters
(a) to provide information contained in a voters list under this Act that will assist the other body to establish or maintain a list of voters; and
(b) to receive information that will assist in establishing a voters list under this Act.
97(2) To ensure the protection of personal information given under an agreement mentioned in subsection (1), the chief electoral officer may include in the agreement conditions about the use that may be made of that information.
PART 8
PREPARING FOR AN ELECTION
DIVISION 1
BALLOTS AND BALLOT BOXES
98(1) The returning officer must arrange for regular ballots to be printed on paper supplied by the chief electoral officer.
98(2) Regular ballots must
(a) be in the prescribed form;
(b) have a line of perforations dividing the voting portion of the ballot from the ballot stub; and
(c) be numbered consecutively on their stubs.
98(3) The printer must
(a) return all of the regular ballots printed and any unused ballot paper to the returning officer; and
(b) provide the returning officer with an affidavit in the prescribed form.
98(4) The following information must be printed on each regular ballot:
(a) the name of each candidate, as requested in the candidate's nomination documents, with the surname printed first;
(b) in the case of a candidate endorsed by a registered political party, the party name or abbreviation, as designated for use on the ballot in its application for registration under The Elections Finances Act, printed under the candidate's name;
(c) in the case of a candidate not endorsed by a registered political party, the word "independent", printed under the candidate's name.
98(5) The names of the candidates must be arranged on the regular ballot in alphabetical order. If two or more candidates have the same surname, the names are to be arranged in alphabetical order based on their given names.
99(1) The chief electoral officer must provide the returning officer with write-in ballots for use at advance and institutional voting stations and for absentee voting.
99(2) Write-in ballots must
(a) be in the prescribed form;
(b) have a line of perforations dividing the voting portion of the ballot from the ballot stub; and
(c) be numbered consecutively on their stubs.
100(1) The returning officer must
(a) give each voting officer enough ballots for use at his or her voting station; and
(b) keep a record of how many ballots are given to each voting officer, and the numbers on those ballots.
New ballots if candidate withdraws
100(2) If a candidate withdraws from the election after the ballots are printed, the returning officer must arrange for new ballots to be printed that do not contain that candidate's name.
100(3) If there is not enough time to print new ballots after a candidate withdraws, the voting officer must post a written notice in a conspicuous location at the voting station advising voters of the candidate's withdrawal.
101 Each ballot box must
(a) come with enough consecutively numbered seals that cannot be re-used; and
(b) be constructed so that ballots can be inserted into it but cannot be withdrawn without removing a seal or causing obvious damage to the box.
Delivery of election materials
102(1) The chief electoral officer must give the returning officer enough ballot boxes, voting compartments and other election materials required for the election.
Property in election materials
102(2) All election materials are the property of the chief electoral officer.
DIVISION 2
VOTING STATIONS AND PLACES
103(1) The returning officer must establish a voting station for each voting area in the electoral division.
103(2) A voting station must be located in a voting place that is in a convenient location for a majority of the voters in the voting area.
Voting place must be accessible
103(3) A voting place must be accessible to physically disabled persons, unless the returning officer satisfies the chief electoral officer that it is impractical to obtain the use of such premises while complying with subsection (2).
Voting stations in population centres
103(4) Subject to the other requirements of this section, if a voting area contains a population centre, the returning officer must make every attempt to locate the voting station for that area in that population centre.
104 Several voting stations may be located together at a central voting place.
105(1) If requested by a returning officer, space in a school established under The Public Schools Act must be made available to operate a voting station.
Restriction on school activities
105(2) When a voting station is located in a school,
(a) no classes or other school activities may take place in the space occupied by the voting station; and
(b) the principal of the school may order that no classes or other school activities may take place in the entire school, or any part of the school the principal specifies.
106(1) If it becomes impossible or impractical to operate a voting station at a voting place, the returning officer must locate the voting station in a new voting place located as close as possible to the old voting place.
106(2) When a voting station is moved to a new voting place, the returning officer must
(a) notify the candidates of the change and the reason for it; and
(b) notify the public by
(i) posting notice of the new location at the old voting place, or as close to it as possible, and
(ii) if time permits, publishing notice of the change in a newspaper, or broadcasting it on radio or television or giving notice in any other manner the returning officer considered appropriate.
107(1) If the official voters list for a voting area has more than 400 names, the returning officer may establish a second voting station for that voting area and appoint a voting officer and assistant voting officer for it.
107(2) When a second voting station is established, the returning officer must
(a) divide the official voters list for the voting area alphabetically or in some other suitable manner; and
(b) provide clear directions as to which voting station voters should use.
Voting compartment requirements
108 Each voting station must have a voting compartment that
(a) contains a black lead pencil for voters to mark their ballots; and
(b) is located so that voters are screened from observation and may vote without interference or interruption.
Voting directions and notice of secrecy
109 The voting officer must ensure that
(a) voting directions, in the prescribed form, are posted in the voting compartment and near the entrance to the voting place; and
(b) a notice of secrecy, in the prescribed form, is posted in the voting station and near the entrance to the voting place.
PART 9
REGULAR VOTING ON ELECTION DAY
DIVISION 1
OPERATION OF REGULAR VOTING STATIONS ON ELECTION DAY
110 Every regular voting station must open at 7:00 a.m. and close at 8:00 p.m. on election day.
S.M. 2008, c. 43, Sch. B, s. 18.
Inspection of election materials
111(1) Candidates or their scrutineers may be present at a voting station 15 minutes before it opens and, during that 15-minute period, may require the ballots to be counted and inspect all election materials.
111(2) Immediately before the voting station opens, the voting officer must show the ballot box to all persons present, to demonstrate that it is empty. The voting officer must then seal the ballot box so that it cannot be opened without breaking the seal, and must keep it sealed until the voting station is closed.
111(3) While the voting station is open, the voting officer must ensure that the ballot box is kept on a table or other surface off the floor and remains in full view of persons at the voting station.
112(1) The assistant voting officer must keep a voting book, in the prescribed form, at the voting station. The assistant voting officer must record in the voting book the name and address of every person on, or added to, the official voters list, who seeks to vote at the voting station.
112(2) The assistant voting officer must make an entry beside a person's name in the voting book when the person's ballot is put into the ballot box.
112(3) When any of the following occurs with respect to a person at the voting station, the assistant voting officer must make a note of it beside the person's name in the voting book:
(a) the person refuses to take an oath required under this Part;
(b) the person's name is added to the official voters list;
(c) the person's right to vote is challenged;
(d) the person votes under subsection 115(6) (person listed as already having voted);
(e) the person votes with the assistance of another person under section 119.
Who may be present at voting station
113 Only the following persons may be present at a voting station while it is open and during the counting of votes:
(a) the voting officer and the assistant voting officer;
(b) the senior voting officer, if one has been appointed;
(c) the registration officer, if one has been appointed;
(d) the information officer;
(e) an interpreter, if required;
(f) the candidates;
(g) not more than two scrutineers for each candidate;
(h) any other person that the returning officer or chief electoral officer allows to be present.
114(1) In order to act as a scrutineer at a voting station, a person must
(a) be at least 18 years old;
(b) be appointed by the candidate or the candidate's official agent in the prescribed form and produce the form to the voting officer; and
(c) take an oath in the prescribed form.
114(2) A scrutineer may
(a) be present when a person applies to have his or her name added to the official voters list;
(b) inspect the voters list for the voting area when allowed to do so by the voting officer; and
(c) at intervals determined by the chief electoral officer, receive from the assistant voting officer a record of the persons who have voted at the voting station.
DIVISION 2
VOTING AT REGULAR VOTING STATIONS ON ELECTION DAY
APPLYING FOR A BALLOT
115(1) A person who wishes to vote on election day must go to the voting station for his or her voting area and give his or her name and address to the voting officer or assistant voting officer.
Determining if name on voters list
115(2) The assistant voting officer must determine if the person's name is on the official voters list and, if it is, cross the name off the list. Subject to section 116 (voter challenge), if the name is on the list, the person may vote.
Applying to add name to voters list
115(3) A person whose name is not on the official voters list may apply to have it added by taking an oath in the prescribed form and establishing his or her identity to the voting officer or registration officer in accordance with section 2.
115(4) If the voting officer or registration officer is satisfied on the basis of the oath and the documents provided that the person is an eligible voter, the voting officer must add the person's name to the official voters list.
115(5) A person whose name has been struck off the voters list during revision may not have his or her name added to the official voters list.
When person listed as already voting
115(6) If a person wishes to vote but records at the voting station indicate that someone else has already voted under the person's name, the person may vote only if he or she takes an oath in the prescribed form and establishes his or her identity to the voting officer in accordance with section 2.
116(1) A voting officer, candidate, scrutineer or eligible voter may challenge a person's right to vote if he or she believes that the person
(a) is not an eligible voter;
(b) has already voted in the election; or
(c) is falsely representing himself or herself as another person in order to vote.
116(2) A challenge must be made before the voter's ballot is put into the ballot box.
116(3) The person making the challenge must state the reason for it. If no reason for the challenge is given, the voter who was challenged may proceed to vote as if no challenge had been made.
116(4) The assistant voting officer must record the name of the person making the challenge and the reason in the voting book beside the name of the voter.
116(5) A voter who has been challenged must take an oath in the prescribed form before voting.
Refusal to take oath before ballot received
116(6) If the challenge is made before the voter receives a ballot and the voter refuses to take the oath, the voting officer must ensure that the person does not vote.
Refusal to take oath after ballot received
116(7) If the challenge is made after the voter receives a ballot and the voter refuses to take the oath, the voting officer must take the ballot and deal with it as if it were a spoiled ballot in accordance with section 122.
VOTING PROCEDURE
117(1) Voters at a regular voting station must vote by regular ballot.
117(2) The following steps must be taken when a person votes at a regular voting station.
STEP 1: Voting officer gives ballot to voter
The voting officer must
(a) write his or her initials on the back of a ballot;
(b) fold the ballot so that the initials can be seen without opening the ballot;
(c) explain to the voter how to mark and fold the ballot; and
(d) give the ballot to the voter.
STEP 2: Voter marks ballot
The voter must take the ballot directly to the voting compartment and, without delay, mark the ballot
(a) by placing an "X" in the space provided for that purpose beside the name of the candidate of his or her choice; or
(b) by writing "declined" on the front of the ballot.
STEP 3: Voter returns ballot to voting officer
The voter must fold the ballot as instructed and immediately return it to the voting officer.
STEP 4: Voting officer examines ballot
Without unfolding the ballot, the voting officer must confirm that it is the same ballot that was provided to the voter by examining his or her initials.
STEP 5: Voting officer or voter puts ballot in box
The voting officer must either return the ballot to the voter to put into the ballot box or