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This version is current as of April 17, 2014.
It has been in effect since December 5, 2013.

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C.C.S.M. c. E30

The Elections Act

(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

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 Election Financing 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; S.M. 2012, c. 35, Sch. A, s. 118.

HOW TO ESTABLISH IDENTITY

Establishing 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.

Declaration

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.

Copies

3(2)        When documents are sent by mail or fax, legible photocopies are acceptable.

Who can administer an oath

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.

Signature requirements

4(2)        An oath must be signed by the person making the oath and by the person administering it.

No fee

4(3)        An oath must be administered free of charge.

PART 2

DEMOCRATIC RIGHTS

WHO CAN VOTE

Eligible voters

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.

One vote

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.

Losing Manitoba residency

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.

Summer residences

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.

Persons with no fixed address

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.

Declaration

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).

Inmates

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.

Additional eligible voters

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.

Definition

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

Time 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.

Time off 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.

Employer may select time

13(3)       The required time off work may be selected by the employer at his or her discretion.

Prohibitions

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

Leave without pay

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.

Written request

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.

Timing of request

15(3)       A request for a leave may be made either before or after an election is called.

Part-time leave

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.

When leave can begin

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.

When leave ends for candidate

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.

S.M. 2008, c. 43, Sch. B, s. 3.

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.

Application for exemption

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.

Decision maker

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.

Procedure

19(2)       The person appointed need not hold an oral hearing but may instead make a decision on the basis of written submissions.

Decision final

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.

Right to reinstatement

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.

Service continuous

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.

Employer's obligations

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.

Complaints

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

Appointment process

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.

Recommendations of committee

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.

Salary

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.

No reduction in salary

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.

Pension

24(3)       The chief electoral officer is an employee within the meaning of The Civil Service Superannuation Act.

Impartiality

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

Removal or suspension

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.

Length of suspension

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

Responsibilities of CEO

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.

Power to adapt 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.

Limit on power to adapt

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.

Forms

30(1)       The chief electoral officer may prescribe forms for use under this Act.

Notices and other documents

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

Deputy CEO and 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.

Deputy to act in place of CEO

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.

Impartiality of staff

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

Reports 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.

Amendments

32(2)       A report may include recommendations for amendments to this Act.

Tabling the report

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 Election Financing report

32(5)       A report may be combined with the annual report required under section 107 of The Election Financing Act.

S.M. 2012, c. 35, Sch. A, s. 118.

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

Appointing 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.

Appointment based on merit

34(2)       The appointment of a returning officer is to be based on merit.

Notice in the gazette

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.

If RO absent

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.

Term of appointment

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.

Re-appointment

37(2)       A person may be re-appointed as a returning officer or assistant returning officer if his or her performance has been satisfactory.

Duty to be impartial

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          [Repealed]

S.M. 2008, c. 43, Sch. B, s. 4.

VOTING OFFICERS AND ASSISTANT VOTING OFFICERS

Appointing 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.

Exception

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.

Senior 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

Oath of election officials

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.

Second oath not required

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.

Order to deliver material

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

Order calling an 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.

General election day

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),

(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.

Postponing fixed date election

49.1(3)     Despite clause (2)(b), if the election period for a general election to be held in October under that clause will, as of January 1 of the year of the election, overlap with the election period for a general election to be held under subsection 56.1(2) or section 56.2 of the Canada Elections Act, the general election must be held instead on the third Tuesday of April in the next calendar year.

S.M. 2008, c. 43, Sch. B, s. 6; S.M. 2010, c. 33, s. 15; S.M. 2012, c. 35, Sch. B, s. 2.

Issuing the writ

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.

Posting the notice

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

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.

Disqualified persons

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

What nomination must include

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 Election Financing 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.

S.M. 2012, c. 35, Sch. A, s. 118.

Closing day for nominations

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.

Verifying the nomination

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.

Effect of failure to comply

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".

CEO must verify endorsements

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

Notice to CEO

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.

Publication by CEO

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

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

If candidate withdraws

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.

Signature must be witnessed

61(2)       The candidate's signature on the withdrawal must be witnessed by another person, who must sign as witness.

Notice of withdrawal

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

If candidate dies

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.

New writ

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.

Content of new writ

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.

Status of candidates

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

Replacing an official agent

63(1)       If, at any time before the obligations of a candidate's official agent under The Election Financing 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.

Forwarding information to CEO

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).

S.M. 2012, c. 35, Sch. A, s. 118.

PART 7

VOTERS LISTS

DIVISION 1

VOTING AREAS

Voting areas

64(1)       An electoral division must be divided into voting areas for the purpose of preparing voters lists and establishing voting stations.

Establishing new voting areas

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.

Size of urban voting areas

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.

Size of rural voting areas

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.

Considerations

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.

Description

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.

Updating list of addresses

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.

Sources of information

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.

Agreement

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

Enumeration of voters

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.

Appointment of enumerators

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.

Required information

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.

Presumption of residence

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.

Identification

67          When conducting an enumeration, an enumerator must wear identification supplied by the returning officer.

Access to multiple residences

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.

Supplementary sources

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.

Canvass in rural areas

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.

Calling cards

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.

Enumeration record

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

Use of old voters list

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.

Requirements when order made

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.

Copies

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

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.

Place and times for revision

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.

Additional locations

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.

Public notice of revision

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.

Additional information

78(2)       The chief electoral officer may include any other information in the notice that he or she considers appropriate.

ENUMERATION DURING REVISION

Revising agents

79(1)       The returning officer may appoint persons as revising agents to enumerate eligible voters who were not included on the preliminary voters list.

Identification

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.

Appointing revising officers

80(2)       The returning officer may appoint one or more eligible voters from the electoral division as revising officers.

CANDIDATE'S REPRESENTATIVES

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.

Conditions

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

Who can apply

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.

Application requirements

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.

Application for relative

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.

Application requirements

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.

Decision on application

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

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.

Form of objection

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.

Investigation of death

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

Correcting errors

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.

Adding omitted voters

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

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.

Close of revision

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.

Delivering record of revision

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

Preparing 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.

Form

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.

Copies of revised voters list

89(3)       Copies of the revised voters list are to be provided in accordance with section 75 (copies of preliminary list).

APPEALS

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.

How to apply

90(2)       An appeal must be commenced by an application to the court made at least seven days before election day.

Respondents

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.

Deadline for decision

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.

No appeal

90(7)       The decision of the court is final and is not subject to appeal.

ADDITIONAL CHANGES AFTER REVISION

Adding names 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.

Notice

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.

Decision

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.

Notice to returning officer

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.

Revision of voters list

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

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.

Copies

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

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.

Application requirements

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.

Personal security number

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.

Voters list requirements

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.

Procedures for voting

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

Authorized use of voters list

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 Election Financing Act, or a member of the Assembly to communicate with persons on the list.

Exception

95(2)       Despite subsection (1), a voters list that is more than 25 years old may be used for research or historical purposes.

S.M. 2012, c. 35, Sch. A, s. 118.

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.

Conditions

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

Regular ballots

98(1)       The returning officer must arrange for regular ballots to be printed on paper supplied by the chief electoral officer.

Form of ballots

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.

Printer's duties

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.

Information on ballot

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 Election Financing 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.

Names in alphabetical order

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.

S.M. 2012, c. 35, Sch. A, s. 118.

Write-in ballots

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.

Form of write-in ballots

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.

Ballots to voting officers

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.

Exception

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.

Ballot boxes

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

Establishing voting stations

103(1)      The returning officer must establish a voting station for each voting area in the electoral division.

Location of voting places

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.

Central voting place

104         Several voting stations may be located together at a central voting place.

Use of schools

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.

New voting place if needed

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.

Notice of change

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.

Second voting station

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.

Division of voters list

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

Voting hours

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.

Treatment of ballot box

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.

Location of ballot box

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.

Voting book

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.

Record of voting

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.

Other entries in voting book

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.

Scrutineers

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.

Powers of scrutineer

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

Applying for 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.

Addition to voters list

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.

Exception

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.

Who may challenge

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.

Deadline for challenge

116(2)      A challenge must be made before the voter's ballot is put into the ballot box.

Reason for challenge

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.

Recording challenge

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.

Oath required

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

Voting by regular ballot

117(1)      Voters at a regular voting station must vote by regular ballot.

Voting procedure

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 put the ballot into the ballot box in full view of those present at the voting station.

Voter must leave voting place

117(3)      A voter must leave the voting place without delay after his or her ballot is put into the ballot box.

VOTERS REQUIRING ASSISTANCE

Voting with template

118(1)      A voter who has a visual impairment or who has difficulty reading may vote using a template.

Assistance with template

118(2)      The voting officer must explain to the voter how to vote using the template. If requested, the voting officer must assist the voter in getting to and from the voting compartment, but the officer must leave the voting compartment while the voter is marking his or her ballot.

Voter requiring assistance

119(1)      A voter who has a physical disability or one who has difficulty reading may ask the voting officer to allow another person to come to the voting compartment with the voter and help mark the ballot.

Who may assist voter

119(2)      A voter may be assisted by the voting officer or another person who is at least 18 years old who takes an oath in the prescribed form.

Limit on assistance

119(3)      Except for the voting officer, a person may not assist more than two voters.

Assistant's obligations

119(4)      A person assisting a voter

(a) must not attempt to influence the voter in choosing a candidate;

(b) must mark the ballot as directed by the voter; and

(c) must not disclose how the person voted.

No voting if interpreter not available

120(1)      If a person who does not speak English or French is required to take an oath in order to vote, the voting officer must not allow the person to vote until an interpreter is available to translate the oath.

Interpreters

120(2)      The voting officer may retain an interpreter to translate any information required to be provided under the Act.

Election official may interpret

120(3)      An election official may act as an interpreter.

Oath

120(4)      Every person other than an election official must take an oath in the prescribed form before acting as an interpreter.

Moving ballot box

121(1)      If a voter cannot get to the voting station because of a disability, the voting officer may take the ballot box no more than 50 metres outside the entrance of the voting place to allow the person to vote.

Privacy

121(2)      The voting officer must take all practical steps to ensure that a person voting outside the voting place can mark his or her ballot without being observed and without interference or interruption.

Materials must accompany ballot box

121(3)      The voting officer and the assistant voting officer must take the voting book, the official voters list and all unmarked and spoiled ballots with the ballot box when it is moved outside the voting place.

Scrutineers may be present

121(4)      Candidates and scrutineers may accompany the voting officer when the ballot box is moved outside the voting station.

SPOILED BALLOTS

Spoiled ballot

122(1)      A voter who has incorrectly marked his or her ballot or inadvertently damaged it so that it cannot be used may fold it and return it to the voting officer and obtain a new ballot.

Treatment of spoiled ballot

122(2)      The voting officer must, without unfolding the returned ballot, write "spoiled" on the back of the ballot and place it in the envelope provided for spoiled ballots.

SECRECY OF VOTING

Secrecy of voting

123(1)      Every person at a voting station, including persons present to vote or count the vote, must preserve the secrecy of the voting, and in particular, must not do any of the following:

(a) interfere with a person marking a ballot;

(b) attempt to discover how a person voted;

(c) communicate information about how another person voted;

(d) induce a person, directly or indirectly, to reveal how he or she voted.

Voter not to show ballot

123(2)      Except as otherwise provided in this Division, a person must not show his or her marked ballot to another person or receive assistance in marking his or her ballot.

No one allowed in voting compartment

123(3)      Except as otherwise permitted in this Division, a person must not enter a voting compartment while a voter is in the compartment or otherwise attempt to observe how a person marks his or her ballot.

No requirement to disclose vote

123(4)      In any legal proceeding,

(a) a voter must not be required to reveal how he or she voted; and

(b) a person who assisted a voter in voting must not reveal how the voter voted.

DIVISION 3

POLITICAL ACTIVITIES AT VOTING PLACES

Prohibition on political activities

124(1)      On any day when voting occurs at a voting place, a person or organization must not do any of the following in the voting place or at ground level within a 50 metre radius of the entrance to the voting place:

(a) influence or attempt to influence how a person votes;

(b) distribute pamphlets, buttons or other items referring to the election, a candidate or a political party;

(c) wear or display any item referring to the election, a candidate or a political party;

(d) post or display a sign or poster referring to the election, a candidate or a political party.

Voting station in multiple-unit building

124(2)      If a voting station is located in a mall, apartment or other building with multiple units, the voting place is deemed to be the unit or area in which the voting station is located.

Order to remove sign

124(3)      If a sign or poster contravenes clause (1)(d), the chief electoral officer, the returning officer, the voting officer or the senior voting officer for the voting place may order the person or organization that produced the sign or poster or authorized its production to remove or obscure it.  The order may be made orally or in writing.

Duty to remove

124(4)      Upon receiving an order under subsection (3), the person or organization must, as soon as reasonably possible,

(a) remove or obscure the sign or poster if it is posted or displayed on public property; or

(b) make all reasonable efforts to ensure that the sign or poster is removed or obscured if it is posted or displayed on private property.

Exception for notices under Act

124(5)      Subsection (1) does not apply to a sign or notice that is posted under authority of this Act.

Exception for scrutineers

124(6)      Despite clause (1)(c), a scrutineer for a candidate may wear a badge or ribbon that does not show the name or initials of the candidate or the political party that endorses the candidate, but which by colour alone indicates the candidate for whom he or she acts as a scrutineer.

PART 10

SPECIAL VOTING OPPORTUNITIES

DIVISION 1

ADVANCE VOTING

GENERAL MATTERS

Advance voting

125(1)      The returning officer must establish advance voting stations to allow voting before election day.

Conduct of advance voting

125(2)      Advance voting must be conducted in the same way as voting at a regular voting station on election day, except as otherwise provided in this Division.

Public notice

125(3)      The chief electoral officer must arrange for public notice to be given of the dates, times and places of advance voting.

Advance voting at returning office

125(4)      An advance voting station must operate in the returning office from the second Saturday before election day to the Saturday before election day.

Additional advance voting stations

125(5)      If the chief electoral officer approves, advance voting stations may operate at other locations between the second Saturday before election day and the Saturday before election day, on days specified by the returning officer.

Maximum distance for advance voting

125(5.1)    When establishing advance voting stations, the returning officer for an electoral division outside of Winnipeg and Brandon must make reasonable efforts to ensure that the residents of a town, village or other population centre with more than 50 eligible voters do not have to travel more than 30 km in order to vote at an advance voting station.

Accessibility

125(6)      An advance voting station must be located in a voting place that is accessible to physically disabled persons.

Hours

125(7)      With the exception of a mobile advance voting station, an advance voting station must

(a) open at 8:00 a.m. and close at 8:00 p.m. on any day other than Sunday; and

(b) open at 12:00 p.m. and close at 6:00 p.m. on Sunday.

S.M. 2008, c. 43, Sch. B, s. 19.

Mobile advance voting station

126(1)      If the chief electoral officer approves, the returning officer may establish a mobile advance voting station that will operate at different locations throughout the electoral division.

Hours of operation

126(2)      A mobile advance voting station must be open during the hours between 8:00 a.m. and 8:00 p.m. specified by the returning officer, and approved by the chief electoral officer.

Separate ballot boxes

127(1)      In a general election, an advance voting station must have one ballot box for residents of the electoral division in which the station is located, and another for non-residents.

Seals

127(2)      At the end of each day of advance voting, the voting officer must seal the ballot box and allow any candidate or scrutineer present to sign across the seal.  The seal may be broken only at the beginning of each day of advance voting.

Security precautions

127(3)      The voting officer must take the precautions specified by the returning officer to prevent unauthorized access to the ballot boxes.

List of advance voters

128         The voting officer for an advance voting station must keep a list, in the prescribed form, of every person who votes at the station.

VOTING BY RESIDENTS

Advance voting by residents

129(1)      A person who resides in the electoral division in which an advance voting station is located may vote at the station in accordance with this section.

Identification requirements

129(2)      A resident voter must establish his or her identity to the voting officer or registration officer in accordance with section 2.

Voting by regular ballot

129(3)      A resident voter must vote by regular ballot using the procedures in Part 9 (regular voting).  In a general election, the voter's ballot must be put into the ballot box reserved for residents of the electoral division.

Notice to returning officer

130(1)      At the end of each day of advance voting, the voting officer must provide the returning officer with the name of each resident of the electoral division who voted at the station.

Notation on official voters list

130(2)      The returning officer must draw a line through the name of each resident of the electoral division on the official voters list who votes at an advance voting station and write "advance" beside the person's name.

Counting the advance vote

131(1)      At 8:00 p.m. on election day, the voting officer and assistant voting officer of an advance voting station must deal with and count the vote of residents of the electoral division who voted at the station, using the procedures in section 159 (counting regular ballots on election day).

Where advance vote of residents to be counted

131(2)      The vote of residents of the electoral division must be counted at the voting station unless the returning officer directs the count to take place at another location.

VOTING BY NON-RESIDENTS

Voting by non-residents

132(1)      In a general election, a person may vote at an advance voting station located outside the electoral division in which he or she resides, in accordance with this section.

Identification requirements

132(2)      A non-resident voter must establish his or her identity to the voting officer or registration officer in accordance with section 2.

Voting by write-in ballot

132(3)      A non-resident voter must vote by write-in ballot using the procedures in section 139 (write-in ballot voting procedure). The certificate envelope containing the person's ballot must be put into the ballot box reserved for non-residents.

Notice to non-resident's returning officer

133(1)      At the end of each day that a non-resident voter votes at an advance voting station,

(a) the voting officer must provide the returning officer of the electoral division in which the voting station is located with the name and address of each non-resident who voted at the station; and

(b) the returning officer must provide the returning officer for a non-resident voter's electoral division with the name and address of the non-resident voter.

Notation on official voters list

133(2)      The returning officer for the non-resident voter's electoral division must,

(a) if the voter's name is on the official voter's list, draw a line through the voter's name and write "non-resident advance" beside it; or

(b) add the voter's name to the official voter's list and write "non-resident advance" beside the voter's name, if

(i) the voter's name is not on the voter's list, and

(ii) the voter's address is located in the electoral division.

Transfer of non-resident advance ballots

134(1)      At the close of voting at an advance voting station, or at the end of a day of advance voting if directed to do so by the chief electoral officer, the voting officer and assistant voting officer of an advance voting station must — in the presence of any candidates or their scrutineers who are present — take the following steps:

1.

Open the ballot box reserved for non-residents.

2.

Count the number of certificate envelopes in the ballot box and record that number on the list of advance voters kept under section 128.

3.

Put the certificate envelopes in the envelope or other container provided for that purpose and arrange for it to be sent to the chief electoral officer.

CEO to send certificate envelopes to ROs

134(2)      Upon receiving the envelopes or containers containing the certificate envelopes, the chief electoral officer must put the certificate envelopes that relate to each electoral division in a separate envelope or container and send them to the appropriate returning officer to be counted.

Counting non-resident advance vote

135(1)      The returning officer must count the non-resident advance vote in the returning office at 8:00 p.m. on election day in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present.

Counting procedure

135(2)      The ballots of non-resident advance voters must be dealt with and counted using as nearly as possible the procedures in subsection 140(4) (counting institutional write-in ballots).

Treatment of late non-resident advance ballots

136         If a certificate envelope containing a non-resident advance ballot is received by the returning officer after 8:00 p.m. on election night, the returning officer must

(a) keep the envelope in a secure location; and

(b) count the ballot with the institutional write-in ballots under subsection 140(4).

DIVISION 2

INSTITUTIONAL VOTING

Institutional voting stations

137(1)      The returning officer must establish institutional voting stations to allow voting on election day by

(a) patients and residents of health care facilities in the electoral division; and

(b) inmates of correctional facilities in the electoral division.

Duty of administrator

137(2)      The administrator of a health care facility or correctional facility must provide a suitable place in the facility for the institutional voting station to operate.

Conduct of institutional voting

137(3)      Voting at an institutional voting station must be conducted in the same way as voting at a regular voting station, except as otherwise provided in this Division.

Voting station may move

137(4)      An institutional voting station may operate at a single location or may move within the facility.

Station may serve more than one facility

137(5)      An institutional voting station may serve more than one facility in the electoral division.

Hours of operation

137(6)      An institutional voting station must be open on election day during the hours between 7:00 a.m. and 8:00 p.m. specified by the returning officer and approved by the chief electoral officer.

S.M. 2008, c. 43, Sch. B, s. 20.

Ballots at health care facility

138(1)      Write-in ballots must be used at an institutional voting station at a health care facility unless the returning officer directs that regular ballots are to be used by residents at a specific facility.

Ballots at correctional facility

138(2)      Write-in ballots must be used at an institutional voting station at a correctional facility.

Write-in ballot voting procedure

139         The following steps must be taken when a person is voting by write-in ballot at an institutional voting station.

STEP 1: Voter gives name and address

The voter must give his or her name and address to the voting officer, who must record the information on the certificate envelope. The voting officer must then determine which electoral division the voter resides in and write the name of that division on the envelope.

STEP 2: Voter takes oath

The voter must take and sign an oath in the prescribed form on the certificate envelope.

STEP 3: Voting officer gives ballot to voter

The voting officer must

(a) write his or her initials on the back of the 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;

(d) give the voter a list of the candidates in the voter's electoral division that also indicates the registered political party, if any, that has endorsed a candidate; and

(e) give the ballot to the voter.

STEP 4: Voter marks ballot

The voter must take the ballot directly to the voting compartment and, without delay, mark the ballot

(a) by writing the name of the candidate of his or her choice in the space provided for that purpose on the front of the ballot; or

(b) by writing "declined" on the front of the ballot.

STEP 5: Voter returns ballot

The voter must fold the ballot as instructed and immediately return it to the voting officer.

STEP 6: Voting officer examines ballot

Without unfolding the ballot, the voting officer must confirm that it is the same ballot given to the voter by examining his or her initials.

STEP 7: Voting officer puts ballot in envelope

The voting officer must

(a) put the ballot into the ballot envelope in full view of the voter and seal it; and

(b) put the ballot envelope into the certificate envelope and seal it.

STEP 8: Voting officer or voter puts envelope in box

The voting officer must either return the certificate envelope to the voter to put into the ballot box or put the certificate envelope into the ballot box in full view of the voter.

Counting institutional vote

140(1)      At 8:00 p.m. on election day, the voting officer and assistant voting officer of an institutional voting station must — in the presence of any candidates or their scrutineers who are present — take the following steps:

1.

Open the ballot box and separate the regular ballots, if any, from the certificate envelopes.

2.

Deal with and count the regular ballots, using the procedures in section 159 (counting regular ballots on election day).

3.

Put the certificate envelopes in the envelope or other container provided for that purpose and arrange for it to be sent to the chief electoral officer.

4.

Ensure that the statement of the vote sets out the number of regular and write-in ballots cast.

CEO to send certificate envelopes to ROs

140(2)      Upon receiving the envelope containing the certificate envelopes, the chief electoral officer must put the certificate envelopes that relate to each electoral division in a separate envelope and send them to the appropriate returning officer to be counted.

Notice

140(3)      The returning officer must notify the candidates of the time and place for counting the write-in ballots.

Counting the write-in ballots

140(4)      At the time and place specified, the returning officer must — in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present — take the following steps to count the write-in ballots:

1.

Open the envelope or other container received from the chief electoral officer and remove the certificate envelopes.

2.

From the voter's name and address on each certificate envelope, determine whether the voter is on the voters list for the electoral division and whether the voter has previously voted in the election.

3.

If the voter is not on the voters list, add the voter to the list if the voter's address is in the electoral division.

4.

If the voter has previously voted or if the voter's address is not in the electoral division, set aside the certificate envelope unopened and put it in a separate envelope for ballots not to be counted.

5.

Open the remaining certificate envelopes, remove the ballot envelopes and — after separating the ballot envelopes from the certificate envelopes so that a voter's name cannot be identified with a ballot — open the ballot envelopes and examine the write-in ballots.

6.

Reject any write-in ballot that

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

(b) does not set out the name of a candidate in the electoral division in the space provided on the front of the ballot or "declined";

(c) sets out the name of more than one candidate;

(d) is marked in a way the could identify the voter; or

(e) indicates a vote for a candidate who has withdrawn from the election.

However, no write-in ballot that clearly indicates the candidate for whom the voter intended to vote is to be rejected merely because

(f) the ballot is marked out of, or partly out of, its proper space;

(g) the candidate's name is written incorrectly; or

(h) in addition to a candidate's name, the voter has written the name of the registered political party that has endorsed the candidate or the word "independent".

7.

Examine the ballots that are not rejected and arrange them in piles according to the name of the candidate for whom the vote was cast. Place the ballots marked "declined" in a separate pile.  Deal with and count the ballots in each pile, using as nearly as possible the procedures in steps 6 to 11 of section 159 (counting regular ballots on election day).

8.

Put the various envelopes containing the ballots and all certificate and ballot envelopes in the ballot box and seal the box.  Allow any candidate or scrutineer present to sign across the seal.

DIVISION 3

REMOTE MOBILE VOTING STATIONS

Remote mobile voting stations

141(1)      If the distribution of voters in an area makes it impractical to establish a voting station for the area at a single location, the returning officer may, with the approval of the chief electoral officer, establish a remote mobile voting station that travels from place to place within the area on election day, or on any day of advance voting.

Voting at remote mobile voting stations

141(2)      To the extent possible, voting at a remote mobile voting station must be conducted in the same way as voting at a regular voting station.

Hours of operation

141(3)      A remote mobile voting station must be open during the hours between 7:00 a.m. and 8:00 p.m. specified by the returning officer, and approved by the chief electoral officer.

Notice

141(4)      The chief electoral officer must arrange for public notice to be given of when and where a remote mobile voting station will operate.

S.M. 2008, c. 43, Sch. B, s. 21.

Counting the remote mobile vote

142         At 8:00 p.m. on election day, the voting officer and assistant voting officer of a remote mobile voting station must deal with and count the ballots cast at the station using the procedures in sections 158 and 159 (counting regular ballots on election day).

DIVISION 4

ABSENTEE VOTING

APPLICATIONS

Eligible absentee voters

143(1)      In order to be eligible to vote as an absentee voter, an eligible voter must come within one of the following circumstances:

(a) the person expects to be absent from Manitoba for at least one month and wishes to vote as an absentee if an election is held during that absence;

(b) the person expects, after an election is called,

(i) to be absent from his or her electoral division on election day and during advance voting, or

(ii) to be in a location significantly distant from his or her ordinary voting place on election day and during advance voting, making it not reasonably possible to vote at that place.

How to apply

143(2)      An application to vote as an absentee must be in writing and include the following:

(a) the applicant's name and telephone number, and his or her current or most recent geographic and mailing address in his or her electoral division;

(b) the date the applicant left or intends to leave the electoral division and the expected date of return, if the application is made under clause (1)(a) or subclause (1)(b)(i);

(c) the mailing address where the applicant wishes to receive an absentee voting package and, if available, the telephone number, fax number or e-mail address for the applicant at that location;

(d) a signed declaration that the applicant is eligible to vote as an absentee voter;

(e) the documents required under section 2 to establish the applicant's identity and residence.

Application before election is called

143(3)      An application made before an election is called must be sent to the chief electoral officer.

Application after election called

143(4)      An application made after an election is called must be sent to the returning officer for the applicant's electoral division so that it is received no later than the Saturday before election day.

Notice of changes

143(5)      The applicant must advise the person to whom he or she applied of any changes to the information contained in his or her application.

Absentee voter registry

144(1)      The chief electoral officer must maintain a registry of persons who apply to vote as absentee voters before an election is called.

Removing name from registry

144(2)      The chief electoral officer must remove a person's name from the registry

(a) when requested to do so by the person;

(b) when advised that the person has died;

(c) when an election is called, if the person's application indicates that he or she expects to return to the electoral division before election day; and

(d) on the person's expected date of return to the electoral division, as indicated in the application, unless the name has already been removed under clause (c).

Notice

144(3)      The chief electoral officer must attempt to notify a person whose name is removed from the registry under clause (2)(c) or (d).

Applications to returning officer

144(4)      When an election is called, the chief electoral officer must give the returning officer the applications of those persons on the registry who reside in that electoral division.

Decision

145         The returning officer must allow an applicant to vote as an absentee voter if he or she is satisfied that the applicant is an eligible voter and has met the requirements of this Division. If the applicant is not already on the voters list, the returning officer must add his or her name to the list.

Absentee voting package

146(1)      Subject to subsection (2), the returning officer must arrange for the following to be delivered or mailed to an absentee voter:

(a) instructions on how to vote as an absentee voter;

(b) a write-in ballot initialed by the returning officer;

(c) a ballot envelope;

(d) a certificate envelope in the prescribed form;

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

(f) at the close of nominations, a list of the candidates showing the registered political party, if any, that has endorsed a candidate.

Absentee voter to get voting package

146(2)      A person whose application is received by the returning officer on or after the second Friday before election day must make arrangements to have the absentee voting package delivered to him or her.

Record of absentee voters

146(3)      After the absentee voting package is delivered or mailed to an absentee voter, the returning officer must

(a) draw a line through the voter's name on the voters list for absentee voting and write "absentee" beside the name; and

(b) enter the voter's name and address in a separate voting book for absentee voters.

Person deemed to have voted

146(4)      After an absentee voting package is delivered or mailed to an absentee voter, the person is deemed to have voted and must not vote, or attempt to vote, by any other method in the election.

Absentee voting procedure

147         An absentee voter must take the following steps to vote:

STEP 1: Complete certificate envelope

Complete the certificate envelope and sign the declaration on it, certifying his or her identity and that he she has not previously voted in the election.

STEP 2: Mark the ballot

Mark the ballot

(a) by writing the name of the candidate of his or her choice in the space provided for that purpose on the front of the ballot; or

(b) by writing "declined" on the front of the ballot.

STEP 3: Put ballot in ballot envelope

Put the ballot in the ballot envelope and seal the ballot envelope.

STEP 4: Put ballot envelope in certificate envelope

Put the ballot envelope in the certificate envelope and seal the certificate envelope.

STEP 5: Put certificate envelope in outer envelope

Put the certificate envelope in the outer envelope and seal the outer envelope.

STEP 6: Deliver outer envelope

Deliver or mail the outer envelope so that it arrives at the returning office no later than 8:00 p.m. on election day.

Late absentee ballots

148         An absentee ballot received at the returning office after 8:00 p.m. on election day must not be counted.

Treatment of absentee ballots

149(1)      On receiving an absentee ballot, the returning officer must

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

(b) determine if the voter has previously voted in the election; and

(c) make an entry beside the voter's name in the voting book for absentee voters indicating that the voter's ballot was returned.

Placement into ballot box

149(2)      If the certificate has been signed and properly completed and the voter has not previously voted in the election, the returning officer must put the unopened certificate envelope in the ballot box for absentee voters.

Ballots not to be counted

149(3)      If the certificate has not been properly completed and signed or the voter has previously voted in the election, the returning officer must write "incomplete" or "previously voted" on the back of the certificate envelope and put it in a separate envelope for ballots not to be counted.

Counting the absentee vote

150         As soon as possible after 8:00 p.m. on election day, the returning officer must, in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present,

(a) open the ballot box for absentee voters; and

(b) deal with and count the absentee ballots using as nearly as possible the procedures in subsection 140(4) (counting institutional write-in ballots).

DIVISION 5

HOMEBOUND VOTING

Eligible homebound voters

151(1)      A person is eligible to vote at home if

(a) he or she is unable to go in person to a voting station due to a disability; or

(b) he or she is providing care to a person who is unable to leave home.

How to apply

151(2)      An application to vote as a homebound voter must be made in writing and must

(a) give the applicant's name, address and telephone number;

(b) include a signed declaration that the applicant is eligible to vote as a homebound voter; and

(c) be received by the returning officer no later than the Monday before election day.

Decision

151(3)      The returning officer must allow an applicant to vote at home if he or she is satisfied that the applicant is an eligible voter who has met the requirements of this section.  If the applicant is not already on the voters list, the returning officer must add the name to the list.

Homebound voting package

152(1)      The returning officer must arrange for the following to be given to a homebound voter:

(a) instructions on how to vote at home;

(b) a regular ballot initialed by the returning officer;

(c) a ballot envelope;

(d) a certificate envelope in the prescribed form;

(e) an outer envelope with the returning officer's address printed on it.

Delivery and return of homebound ballots

152(2)      Whenever practical to do so, an election official must personally deliver a homebound voting package to a homebound voter. The election official should allow the voter to vote and then return the outer envelope containing the ballot to the returning office.

Exception

152(3)      If it is not practical for an election official to personally deliver the homebound voting package, the package may be mailed or otherwise delivered to the voter.

Record of homebound voters

152(4)      After the homebound voting package has been delivered or mailed to the homebound voter, the returning officer must

(a) draw a line through the voter's name on the voters list for homebound voters and write "homebound" beside the name; and

(b) enter the voter's name and address in a separate voting book for homebound voters.

Person deemed to have voted

152(5)      When a homebound voting package is delivered or mailed to a person, the person is deemed to have voted and must not vote, or attempt to vote, by any other method in the election.

Homebound voting procedure

153         A homebound voter must take the following steps to vote.

STEP 1: Complete certificate envelope

Complete the certificate envelope and sign the declaration on it, certifying his or her identity and that he or she has not previously voted in the election. The signature must be witnessed by another eligible voter in the electoral division.

STEP 2: Mark the ballot

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: Put ballot in ballot envelope

Put the ballot into the ballot envelope and seal the ballot envelope.

STEP 4: Put ballot envelope in certificate envelope

Put the ballot envelope in the certificate envelope and seal the certificate envelope.

STEP 5: Put certificate envelope in outer envelope

Put the certificate envelope in the outer envelope and seal the outer envelope.

STEP 6: Return outer envelope

Return the outer envelope to the election official who delivered it to the homebound voter or return it to the returning office no later than 8:00 p.m. on election day.

Late homebound ballots

154         A homebound ballot received at the returning office after 8:00 p.m. on election day must not be counted.

Treatment of homebound ballots

155(1)      When a homebound ballot is returned to the returning office, the returning officer must

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

(b) determine if the voter has previously voted in the election; and

(c) make an entry beside the voter's name in the voting book for homebound voters indicating that the voter's ballot was returned.

Placement into ballot box

155(2)      If the certificate has been signed and properly completed and the voter has not previously voted in the election, the returning officer must put the unopened certificate envelope in the ballot box for homebound voters.

Ballots not to be counted

155(3)      If the certificate has not been properly completed and signed or the voter has previously voted in the election, the returning officer must write "incomplete" or "previously voted" on the back of the certificate envelope and put it in a separate envelope for ballots not to be counted.

Counting the homebound vote

156         As soon as possible after 8:00 p.m. on election day, the returning officer must — in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present — take the following steps to count the homebound vote:

1.

Open the ballot box for homebound voting.

2.

Open the certificate envelopes and remove the ballot envelopes.

3.

After separating the ballot envelopes from the certificate envelopes so that no voter's name can be identified with a ballot, open the ballot envelopes and examine the ballots.

4.

Deal with and count the ballots using as nearly as possible the procedures in section 159 (counting regular ballots on election day).

PART 11

COUNTING THE VOTE

CLOSING THE VOTING STATION

Voting station closes at 8:00 p.m.

157         At 8:00 p.m. on election day, the voting officer must close the voting station.  Any eligible voter who at that time is at the voting station or in line at the entrance to the voting station or voting place for the purpose of voting must be issued a ballot and allowed to vote.

HOW TO COUNT THE VOTE

Voting officer to count the vote

158         Immediately after closing the voting place, the voting officer, assisted by the assistant voting officer, must count the vote in full view of any candidates or scrutineers present.

Steps to follow

159         The voting officer must take the following steps in counting the vote.

STEP 1: Deal with spoiled ballots

Count the spoiled ballots that have been placed in the envelope supplied for the purpose, write the number of spoiled ballots on that envelope, and seal it.

STEP 2: Count the number of voters

Count the number of voters whose names appear on the voters list.

Count the number of voters who appear to have voted according to the voting book.

Complete and sign a certificate of those counts, and have it signed by the assistant voting officer and by any candidate or scrutineer who wishes to sign. Attach the certificate inside the voting book immediately after the name of the last voter.

STEP 3: Open the ballot box

Open the ballot box and count and record the number of ballots in the box.

STEP 4: Deal with discarded ballots

If there are more ballots in the box than there are voters who voted according to the voting book, mark as "discarded" any ballot

(a) that does not have the voting officer's initials on its back; or

(b) that, for any other reason, the voting officer is satisfied was not given to a voter to be used at the voting station in accordance with this Act.

Put any discarded ballots in the envelope supplied for the purpose, write on the envelope the number of discarded ballots, and seal it.

STEP 5: Determine if ballots are acceptable

Accept every ballot marked with an "X" or "declined" in the manner described in Step 2 of subsection 117(2).  In addition, accept any of the following marks on a ballot:

(a) a form of cross other than an "X" that appears beside the name of the candidate;

(b) a check mark that appears beside the name of the candidate;

(c) any other mark clearly indicating an intent to vote for a single candidate that appears beside the name of the candidate.

However, the following ballots must be rejected:

(d) a ballot that the voting officer did not give to the voter;

(e) a ballot marked in a way that could identify the voter;

(f) a ballot marked beside the name of more than one candidate;

(g) a ballot marked beside the name of a candidate that also includes the word "declined";

(h) a ballot marked beside the name of a candidate who has withdrawn from the election;

(i) a ballot that has more than two marks beside the name of a candidate.

No ballot is to be rejected merely because

(j) the "X" or other acceptable mark is not inside the space provided for that purpose beside the candidate's name; or

(k) the voter has marked the ballot with something other than the pencil provided in the voting compartment.

STEP 6: Decide about objections to ballots

Consider each objection raised by a candidate or scrutineer about the acceptance or rejection of a ballot, and make a decision without delay.

Record each objection in the voting book, number the objection in sequence, and mark the assigned number on the back of the ballot and initial it.

STEP 7: Count the ballots

Place the accepted ballots in piles according to the name of the candidate for whom each vote was cast.  Place ballots marked "declined" in a separate pile. Place the rejected ballots in a separate pile.

Count the ballots in the pile made for each candidate.  Put the ballots for each candidate that are not the subject of an objection in a separate envelope, write on it the name of the candidate and the number of votes he or she received and seal it.

Count the ballots that are the subject of an objection but are accepted as a vote for a candidate, and put them in a separate envelope supplied for the purpose, and seal it.

Count the ballots marked "declined", put them in an envelope supplied for the purpose, write on the envelope the number of declined ballots, and seal it.

Count each type of rejected ballot — those that are the subject of an objection and those that are not — and place each type in a separate envelope supplied for the purpose, write on it the number of that type of rejected ballots, and seal it.

STEP 8: Announce the results

After determining the number of votes cast for each candidate, announce the results to the candidates and scrutineers present.

STEP 9: Prepare a statement of the vote

Complete and sign a statement of the vote, in triplicate in the prescribed form, setting out the number of votes cast for each candidate and the number of the declined, rejected, discarded and spoiled ballots.

Ensure that the statement of the vote is signed by the assistant voting officer, and allow any candidate or scrutineer present to also sign.

Attach one copy of the statement of the vote to the voting book and retain one copy.  Put the third copy in a separate envelope supplied for the purpose and give it to the returning officer.

STEP 10: Seal the ballot envelopes

Put all the candidate envelopes — including the envelope containing the ballots that were the subject of objections but were accepted — in a separate envelope supplied for the purpose, and seal and sign it. Allow any candidate or scrutineer present to also sign the envelope.

STEP 11: Prepare envelopes for all ballots

Put the envelopes containing the following ballots into a single large envelope:

(a) the spoiled ballots;

(b) the discarded ballots;

(c) the rejected ballots that were not objected to;

(d) the rejected ballots that were objected to;

(e) the declined ballots.

Put the unused ballots and ballot stubs in a separate envelope supplied for the purpose.

Seal and sign each large envelope and allow any candidate or scrutineer present to also sign the envelope.

STEP 12: Place election materials in the ballot box

Put the voters lists, the voting book, the various envelopes containing the ballots, and all other used or unused election material in the election, except the statement of the vote, in the ballot box and seal the box.  Allow any candidate or scrutineer present to sign across the seal.

STEP 13: Deliver the ballot box to the returning officer

Personally deliver the sealed ballot box and the statement of the vote to the returning officer or to a person designated by the returning officer.  If personal delivery is impractical, arrange for secure delivery by another means as instructed by the returning officer.

FINAL TALLY OF VOTES BY RETURNING OFFICER

RO to do final tally of votes

160(1)      The returning officer must complete a final tally of the votes as soon as possible after all the ballot boxes are received from the voting officers and the non-resident advance vote under section 135 and the institutional write-in ballots under subsection 140(4) are counted.

Candidates and scrutineers present

160(2)      The returning officer must give the candidates notice of the time and place of the final tally, and must conduct it in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present.

RO may not alter a decision of the voting officer

160(3)      The returning officer may not change a voting officer's decision to accept or reject a ballot.

Steps to follow

161         The returning officer must take the following steps in doing the final tally of the votes.

STEP 1: Open the ballot boxes and check the count

Open the ballot box for each voting station and check the statement of the vote, the voting book, and the totals indicated on the envelopes containing the ballots.

STEP 2: Verify and correct the totals

If the statement of the vote for any voting station does not balance with the voting book and the totals indicated on the envelopes containing the ballots, correct the statement of the vote after determining the correct totals.  To determine the correct totals, the returning officer may open the envelopes containing the ballots and count the ballots.

STEP 3: Prepare statement of official results

From the statements of the vote for all voting stations and from the results of the count of the non-resident advance vote under section 135 and institutional write-in ballots under subsection 140(4), prepare a statement of official results for the electoral division in the prescribed form. The statement must set out the votes counted for each candidate at each voting station and the total number of votes cast in the electoral division for each candidate.  The statement must also set out the number of declined and rejected ballots.

STEP 4: Return election material to ballot box

Put any ballots that have been removed from their envelopes back in their proper envelopes, seal and sign the envelopes and allow any candidate or scrutineer present to also sign.  Put those envelopes, the voters lists, the voting book, and other documents used at the election back in each ballot box and seal the box.

DECLARING A CANDIDATE ELECTED

RO to declare candidate elected

162(1)      When the candidate with the most votes has at least 50 votes more than the candidate with next largest number of votes, the returning officer must declare the candidate with the most votes to be elected.

When declaration is made

162(2)      The declaration must take place on the day specified in the notice of election under subsection 51(1).

Official results to be given to candidates

162(3)      Upon declaring a candidate elected, the returning officer must give a copy of the statement of official results to each candidate or candidate's representative.

POSTPONING DECLARATION IF BALLOTS DELAYED

Postponing the declaration of election

163(1)      If, on the day specified in the notice of election for declaring a candidate elected,

(a) not all the ballot boxes or ballots have been returned; or

(b) the returning officer is, for any other reason, unable to determine the number of votes cast for each candidate;

the returning officer must postpone the declaration for not more than seven days.

Additional postponements

163(2)      If necessary, the returning officer may postpone the declaration of election for further periods of not more than seven days, as long as the declaration is not delayed more than 30 days in total.

If reason for delay not resolved

163(3)      If the reason for postponing the declaration of election is still not resolved 30 days after the day originally fixed for the declaration, the returning officer must nevertheless prepare a statement of official results based on the information available at that time.

Missing ballots may not be considered

163(4)      In preparing a statement of official results under subsection (3), the returning officer must not consider any missing ballots unless he or she has the statement of the vote for that voting station, signed by the voting officer.  In that case, the returning officer must use the counts set out in that statement as the number of votes cast for each candidate.

Opening ballot box to retrieve information

164(1)      A returning officer who needs access to materials in a ballot box may, after notifying the candidates, open the ballot box, obtain the necessary information or materials and immediately reseal the box.

Candidates or scrutineers present

164(2)      When a ballot box has been sealed by the returning officer under step 4 of section 161, it may be opened only in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present.

PART 12

JUDICIAL RECOUNT

RECOUNT BY THE COURT OF QUEEN'S BENCH

Application by RO

165(1)      If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 50, the returning officer must immediately apply to the court for a recount.

Application by candidate or voter

165(2)      If a recount is not required under subsection (1), any candidate or voter in the electoral division may — for the sole purpose of declaring elected the candidate who obtained the most votes — apply to the court for a recount.

No recount re reimbursement

165(3)      For greater certainty, an application may not be made for the purpose of determining if a candidate has received the number of votes required for election expenses to be reimbursed under The Election Financing Act.

Deadline for application

165(4)      An application by a candidate or a voter must be made within six days after a candidate is declared elected under section 162.

S.M. 2012, c. 35, Sch. A, s. 118.

Recount within two weeks

166(1)      The judge conducting the recount must set a date for the recount that is within two weeks after the application is received.

Judge must not reside in electoral division

166(2)      A judge who is a resident of the electoral division for which the recount is applied for is not eligible to conduct the recount.

Parties

166(3)      The parties to the recount are the applicant, the returning officer and each candidate in the election.  They may be present, submit evidence and make submissions, and may be represented by counsel.

Notice

166(4)      The applicant must serve notice of the time and place of the recount to the chief electoral officer and each party at least four days before the date set for the recount.

Election officials to attend

166(5)      The returning officer and the assistant returning officer or officers must attend at the time and place set for the recount, and must bring the ballot boxes and any other required documents.  They must be present during the recount to assist the judge.

Officials may assist

166(6)      The judge may appoint any person as an official to assist in the recount.

Recount process

167(1)      During the recount,

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

(b) the judge, or officials appointed under subsection 166(6), must count all the ballots in the manner prescribed for a voting officer; and

(c) the judge must hear and determine every complaint or submission made by a party about any ballot counted under clause (b).

Powers of judge

167(2)      The judge must conduct the recount according to the provisions of this Act respecting the counting of ballots.  For that purpose the judge

(a) has the powers of a voting officer in counting ballots;

(b) may examine the voting book; and

(c) must verify and correct the statement of the vote and the statement of official results.

Witnesses

167(3)      The voting officers and assistant voting officers may be called as witnesses.

Recount must be continuous

167(4)      As far as practicable, the recount must proceed continuously from 9:00 a.m. to 5:00 p.m., Monday to Friday, unless the judge and the parties agree otherwise.

Security of documents

167(5)      During any time when the recount is not proceeding continuously, the judge must keep the ballots and other documents relating to the election under seal and take all necessary precautions for their security.

Procedure when recount completed

168(1)      When the recount is completed, the judge must announce the results, seal the ballots and other documents in their respective envelopes, and prepare a certificate stating the number of votes cast for each candidate.

Certificate

168(2)      As soon as the five-day appeal period under section 169 ends, the judge must give the original certificate to the returning officer and a copy to each other party.  If an appeal is filed, the judge must wait for the result of the appeal before giving the certificate.

Declaration of election

168(3)      Upon receiving the judge's certificate, the returning officer must declare elected the candidate with the most votes.

Return of documents to RO

168(4)      The judge must return the ballots and other election documents to the returning officer after giving the certificate to the returning officer.

No costs if RO applies for recount

168(5)      No costs may be awarded on a recount applied for by a returning officer.

Costs if candidate or voter applies for recount

168(6)      No costs may be awarded on a recount applied for by a candidate or a voter unless the judge considers that a party has engaged in frivolous or vexatious conduct or made unfounded allegations or objections.

APPEAL FROM DECISION ON RECOUNT

Appeal from judge's decision

169(1)      Any party may appeal a decision of the judge who conducted the recount by giving a written notice of appeal to that judge and the other parties within five days after the recount is completed.

Appeal may be limited

169(2)      In the notice of appeal, the applicant may limit the appeal to decisions made by the judge about specific ballots.

Duty of judge

169(3)      If the appeal is limited to specific ballots, the judge must seal those ballots in a separate package and deliver them to the Court of Appeal along with the notice of appeal and the judge's certificate of the results. If the appeal is not limited, the judge must forward all the ballots and other documents to the Court of Appeal.

Hearing date

169(4)      Upon receiving the notice of appeal and other documents, the registrar of the Court of Appeal must immediately

(a) arrange a hearing date that is within 10 days after the notice is received; and

(b) notify the parties and the chief electoral officer of the time and place of the hearing.

Officials may assist

169(5)      The Court of Appeal may appoint any person as an official to assist in the recount.

Appeal process

169(6)      The Court of Appeal or the officials appointed under subsection (5) must recount the ballots or those ballots that are the subject of the appeal or review the decision of the judge about which the appeal is taken, as the case may be.

Decision on appeal

169(7)      The Court must certify its decision to the judge who conducted the recount, who must then without delay deliver an original certificate of the results to the returning officer, and a copy of the certificate to the other parties.

Costs

169(8)      No costs may be awarded on an appeal.

NEW ELECTION IF TIE VOTE

New election if tie vote

170(1)      If no candidate can be declared elected after a recount because of a tie vote, a new election must be held.

RO to inform CEO

170(2)      When a new election is required, the returning officer must immediately give the chief electoral officer the certificate of the judge who conducted the recount, along with the writ of election indicating that no member was elected.

New writ

170(3)      The chief electoral officer must then prepare a new writ of election that

(a) is dated and issued to the returning officer on the first Tuesday after the judge's certificate is received; and

(b) states that election day is on the Tuesday that is 35 days after the date the writ is issued.

S.M. 2008, c. 43, Sch. B, s. 22.

PART 13

RETURN OF THE WRIT AND REPORT OF ELECTION RESULTS

RETURN OF THE WRIT

Return of the writ

171(1)      On the seventh day after a candidate is declared elected, the returning officer must certify which candidate has been elected on the back of the writ of election and return it to the chief electoral officer.

Return of writ if recount

171(2)      However, if there has been a recount, the writ is to be returned only after the returning officer receives the certificate of the judge conducting the recount.

Statement of official results to accompany return

171(3)      A copy of the statement of official results under section 161 must be attached to the writ.

Election material returned to CEO

172         The returning officer must deliver the ballots, voters lists, voting books and any other documents or material used at the election to the chief electoral officer as soon as practicable after returning the writ.

Report to CEO on the conduct of the election

173         The returning officer must give the chief electoral officer a complete statement of the conduct of the election, including any information the chief electoral officer requires, within 30 days after returning the writ.

REPORT OF ELECTION RESULTS BY CHIEF ELECTORAL OFFICER

Report to Clerk of the Assembly

174         Upon receiving the return of the writ, the chief electoral officer must provide the Clerk of the Assembly with the name of the elected candidate.

Publication of detailed election information

175         Within six months after the election, the chief electoral officer must publish a detailed report of the election that includes the results for each voting station.

Final voters lists given to parties

176         As soon as possible after the election, the chief electoral officer must, on request, give each registered political party a copy of the final voters list that consists of the official voters list and the names of all persons added to the list before the end of election day.

KEEPING AND ARCHIVING ELECTION DOCUMENTS

Keeping and archiving election documents

177(1)      After the deadline for challenging an election expires — or, if the election is challenged, after the court makes a final decision on the application — the chief electoral officer must

(a) destroy the ballots; and

(b) keep any other documents used in or relating to the election for at least one year, and then destroy them unless the Archivist of Manitoba wishes to keep them.

Public inspection

177(2)      After the Clerk of the Assembly is informed of a member's election, any documents used in or relating to the election that are in the custody of the chief electoral officer, other than ballots, must be available for public inspection at times and under conditions acceptable to the chief electoral officer.

PART 14

OFFENCES

BRIBERY AND INTIMIDATION OFFENCES

Offering a bribe

178(1)      A person who, directly or indirectly, offers a bribe to induce or influence another person to do any of the following is guilty of an offence:

(a) to vote or refrain from voting;

(b) to vote or refrain from voting for or against a particular candidate;

(c) to nominate or refrain from nominating a person as a candidate;

(d) to run or refrain from running as a candidate or to withdraw as a candidate.

Accepting a bribe

178(2)      A person who, directly or indirectly, accepts or agrees to accept a bribe offered in circumstances described in subsection (1) is guilty of an offence.

Soliciting a bribe

178(3)      A person who, directly or indirectly, solicits a bribe in circumstances described in subsection (1) is guilty of an offence.

Additional penalty

178(4)      In addition to the penalty provided for in subsection 185(1), a person convicted of an offence under this section is liable to a further fine in the amount that is double the value of the bribe involved.

Force and intimidation

179(1)      A person is guilty of an offence who,

(a) directly or indirectly, uses or threatens to use force or violence or threatens to inflict an injury, damage, harm or loss, upon another person

(i) to induce or compel the other person to vote or refrain from voting, or

(ii) because that person voted or refrained from voting; or

(b) impedes or prevents an eligible voter from exercising the right to vote.

Use of false pretenses

179(2)      A person who uses false pretenses to induce a voter to vote or refrain from voting, or to vote or refrain from voting for or against a particular candidate, is guilty of an offence.

Secrecy of the vote

179(3)      Using false pretenses includes representing that the ballot or the manner of voting is not secret.

VOTING OFFENCES

Corrupt voting

180(1)      A person who does any of the following is guilty of an offence:

(a) knowingly votes or applies to vote in an election when not eligible to do so;

(b) having already voted in an election, either votes or applies to vote in the same election or in an election in another electoral division that has the same election day;

(c) induces or causes another person to vote knowing that the other person is not eligible to vote;

(d) obtains a ballot in the name of another person, whether the other person is alive, dead or fictitious.

Other voting related offences

180(2)      A person who does any of the following without being authorized to do so under this Act is guilty of an offence:

(a) supplies a ballot to another person;

(b) takes a ballot out of a voting station;

(c) places anything other than a ballot in the ballot box;

(d) gives to the voting officer, to be placed in the ballot box, any paper other than the ballot given to him or her by the voting officer;

(e) as a voting officer, puts his or her initials on the back of a paper that is not a ballot but is capable of being used as one;

(f) destroys, defaces, alters, takes, opens or otherwise interferes with a ballot, voting book, or ballot box, or a document or envelope used at or prepared for an election;

(g) prints or reproduces a ballot, or a paper that is capable of being used as a ballot, or prints more ballots than he or she is authorized to print.

OFFENCES RELATING TO CANDIDATES

False statement of candidate's withdrawal

181(1)      A person who knowingly makes, distributes or publishes a false statement that a candidate has withdrawn is guilty of an offence.

False statement of candidate's character

181(2)      A person who, during an election period, knowingly makes, distributes or publishes a false statement of fact about a candidate's character or conduct for the purpose of influencing the election is guilty of an offence.

OFFENCES RELATING TO ELECTION OFFICIALS AND OTHERS

Offences relating to election and other officials

182(1)      An election official, enumerator or other person who does any of the following is guilty of an offence:

(a) accepts an appointment or acts as an election official or enumerator when not eligible;

(b) knowingly omits or deletes from a voters list the name of a person entitled to have his or her name on the list, unless acting under the authority of section 94 (personal security);

(c) knowingly adds to or keeps on a voters list the name of a fictitious person or the name of a person not entitled to have his or her name added to or kept on the list;

(d) knowingly falsifies a voters list or voting book, whether by making a false addition or deletion or otherwise;

(e) as a voting officer or assistant voting officer, or as a person entrusted by either of them, fails without lawful excuse to deliver ballots, a ballot box or other election materials to the returning officer or chief electoral officer when required to do so under this Act;

(f) knowingly miscounts ballots under Part 10, 11 or 12.

Bribery, etc. of an official

182(2)      A person who pays, gives or lends inducement for the purpose of procuring a contravention of subsection (1) is guilty of an offence.

Obstructing an official

182(3)      A person who impedes or obstructs an enumerator or election official in performing a duty or exercising a power under this Act is guilty of an offence.

Preventing access by official

182(4)      A person who prevents an election official or an enumerator from entering a community to perform a duty or exercise a power under this Act is guilty of an offence.

MISCELLANEOUS OFFENCES

False statement respecting voters lists

183(1)      A person who knowingly makes a false statement in order to have an eligible voter's name omitted or deleted from the voters list is guilty of an offence.

False statement re dead or fictitious person

183(2)      A person is guilty of an offence who knowingly makes a false statement in order to have

(a) the name of a dead or fictitious person added to or kept on the voters list; or

(b) the name of a person who is not an eligible voter, including himself or herself, added to or kept on the voters list.

Destroying election notices

183(3)      A person who, without authority, takes down, covers up, mutilates, defaces or alters a notice or other document required or authorized by this Act to be posted is guilty of an offence.

Failure to grant leave from employment

183(4)      A person who contravenes section 14 or subsection 20(2) respecting granting leave from employment for a candidate, election official, enumerator or volunteer is guilty of an offence.

Offence relating to false or misleading information

183(5)      A person who does either of the following is guilty of an offence:

(a) knowingly provides false or misleading information when required or authorized by this Act to provide information;

(b) knowingly makes a false or misleading statement, declaration or oath when required by this Act to make a statement, declaration or oath.

Misuse of voters list

183(6)      A person who uses all or any part of a voters list for a purpose not authorized under section 95 is guilty of an offence.

Obstruction of commissioner

183(7)      A person who obstructs, hinders or makes a false or misleading statement to the commissioner or a person appointed by the commissioner when conducting an investigation under section 186 is guilty of an offence.

Offence for other contraventions

184         A person who contravenes a provision of this Act not mentioned in sections 178 to 183 is guilty of an offence.

PENALTIES

Penalty for serious offences

185(1)      A person who is guilty of an offence under sections 178 to 183 is liable on summary conviction to a fine of not more than $10,000., or to imprisonment for a term of not more than one year, or both.

Penalty for other offences

185(2)      A person who is guilty of an offence under this Act not mentioned in subsection (1) is liable on summary conviction to a fine of not more than $2,000., or to imprisonment for a term of not more than two months, or both.

INVESTIGATING AND PROSECUTING OFFENCES

CEO to appoint commissioner

186(1)      After consulting with the leaders of political parties represented in the Assembly, the chief electoral officer must appoint a commissioner whose duty is to ensure that this Act is complied with and enforced.

Term

186(2)      The commissioner is to be appointed for a term not exceeding five years.

Investigations by commissioner

186(3)      The commissioner may, on his or her own initiative or at the request of another person, conduct an investigation into any matter that might constitute a contravention of this Act.  The commissionner may refuse to conduct an investigation if he or she considers a request to be frivolous, vexatious, made in bad faith or unnecessary in the circumstances.

Commissioner may appoint representative

186(4)      The commissioner may appoint a representative to conduct an investigation on his or her behalf.

Records

186(5)      The commissioner or representative may require any person who, in the opinion of the commissioner or representative, is able to give any information about a matter under investigation

(a) to provide the information to the commissioner or representative; and

(b) to produce any record to the commissioner or representative that in his or her opinion relates to the matter under investigation and that may be in the person's possession or under the person's control.

Warrant

186(6)      A justice may issue a warrant authorizing the commissioner or representative and any other person named in the warrant to enter a place and search for and seize records or other things in accordance with the warrant, if the justice is satisfied, on evidence given on oath or affirmation, that

(a) there are reasonable and probable grounds to believe that an offence under this Act has been committed; and

(b) the place contains records or other things that will provide evidence respecting the commission of an offence.

186(7)      [Repealed] S.M. 2008, c. 43, Sch. B, s. 23.

S.M. 2008, c. 43, Sch. B, s. 23.

Notice of investigation

186.1(1)    Before completing an investigation, the commissioner must notify any person who is a subject of the investigation that the person is being investigated and inform the person of the nature of the matter being investigated, unless the commissioner believes that doing so would compromise or impede the investigation.

Notice of results of investigation

186.1(2)    If, after completing an investigation, the commissioner decides that no further action is to be taken, he or she must notify any person who is the subject of the investigation of that decision.  If the investigation was initiated at the request of another person, the commissioner must also notify that person of the decision.

Outcome of investigation may be made public

186.1(3)    If the commissioner believes that it is in the public interest to make public the outcome of an investigation, he or she may do so, and may include in the information provided the name of the person and the nature of the matter investigated.

S.M. 2008, c. 43, Sch. B, s. 24.

Commissioner may prosecute offences

187(1)      If the commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest so requires, the commissioner may institute a prosecution for an offence under this Act.

Inadvertent or technical contravention

187(2)      When the commissioner is of the view that prosecution is not required because an offence was inadvertent or of a technical nature, the commissioner may issue a formal caution to the person alleged to have committed the offence.

Only commissioner may prosecute

187(3)      No prosecution for an offence under this Act may be commenced except by the commissioner.

Time limit for prosecution

187(4)      The deadline for commencing a prosecution under this Act is one year after the date on which the commissioner has reasonable and probable grounds to believe that an offence has been committed.

Powers of commissioner re prosecution

187(5)      For prosecuting offences under this Act, the commissioner has all the rights, powers, authority and privileges that the Crown has respecting the prosecution of offences under other Acts of the Legislature.

Proof of election, etc.

187(6)      In a prosecution or proceeding under this Act,

(a) it is unnecessary to produce a writ of election, a return of a writ or a written appointment of a returning officer, and oral evidence of those facts is sufficient; and

(b) a certificate of a returning officer that an election has been held or a person has been a candidate is sufficient proof of those facts, but those facts may also be proved by oral evidence.

INJUNCTIONS

Application for injunction

187.1(1)    If the commissioner has reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to this Act, the commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to the court for an injunction described in subsection (2).

Injunction

187.1(2)    If the court, on application by the commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person has committed or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person named in the application to do one or both of the following:

(a) refrain from committing any act that appears to the court to be contrary to this Act;

(b) do any act that appears to the court to be required by this Act.

Notice

187.1(3)    No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person named in the application, or the urgency of the situation is such that service of notice would not be in the public interest.

S.M. 2008, c. 43, Sch. B, s. 25.

COMPLIANCE AGREEMENTS

Compliance agreements

187.2(1)    If the commissioner believes on reasonable grounds that a person has committed or is likely to commit an act or omission that could constitute an offence under this Act, the commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person (in this section and sections 187.3 to 187.6 called the "contracting party").

Terms and conditions

187.2(2)    A compliance agreement may contain any terms and conditions that the commissioner considers necessary to ensure compliance with this Act.

Obligations of commissioner

187.2(3)    Before entering into a compliance agreement, the commissioner must obtain the consent of the prospective contracting party to the publication of a notice under section 187.6.

Admission of responsibility

187.2(4)    A compliance agreement may include a statement by the contracting party in which the contracting party admits responsibility for the act or omission that constitutes an offence.

Inadmissible in evidence

187.2(5)    The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings.

Effect of compliance agreement

187.2(6)    When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to the agreement is suspended and, subject to section 187.4, the commissioner may not institute or resume such a prosecution.

Renegotiation

187.2(7)    The commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the commissioner or contracting party at any time before it is fully executed.

S.M. 2008, c. 43, Sch. B, s. 25.

If agreement complied with

187.3(1)    If the commissioner is of the opinion that the compliance agreement has been complied with, the commissioner shall give a notice to that effect to the contracting party.

Effect of notice

187.3(2)    The commissioner's giving a notice under subsection (1) terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the commissioner from instituting a prosecution based on that act or omission.

S.M. 2008, c. 43, Sch. B, s. 25.

When prosecution may be commenced or continued

187.4(1)    If the commissioner is of the opinion that a contracting party

(a) failed to disclose all material facts when the compliance agreement was entered into; or

(b) has failed to comply with a compliance agreement;

the commissioner must give notice of the failure to the contracting party, informing the contracting party that the commissioner may commence a prosecution in respect of the original act or omission or, if such a prosecution has been instituted and suspended by virtue of subsection 187.2(6), that those proceedings may be resumed.

Time limit for beginning prosecution

187.4(2)    A prosecution commenced because of a failure by a contracting party is not subject to the time limit for commencing a prosecution under subsection 187(4), but such a prosecution must be commenced not later than five years after the day on which the commissioner became aware of the facts giving rise to the prosecution.

S.M. 2008, c. 43, Sch. B, s. 25.

Dismissal of proceedings

187.5       The court must dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party

(a) disclosed all material facts when entering into the compliance agreement; and

(b) has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party's performance with respect to the agreement, is of the opinion that the proceedings would be unfair.

S.M. 2008, c. 43, Sch. B, s. 25.

Publication

187.6       The commissioner must publish a notice that sets out

(a) in the case of a formal caution issued under subsection 187(2), the name of the person cautioned, a summary of the offence in question and the date the caution was issued; or

(b) in the case of a compliance agreement entered into under section 187.2, the contracting party's name, the act or omission in question and a summary of the compliance agreement.

S.M. 2008, c. 43, Sch. B, s. 25.

PART 15

CHALLENGING AN ELECTION

Application to court

188(1)      The right of an elected candidate to take office or the validity of an election may not be challenged except by an application to the court under this Part.

Grounds for application

188(2)      An application may be made on the grounds that

(a) the elected candidate was not qualified to hold office at the time he or she was elected; or

(b) there were irregularities in the election, or actions constituting an offence under any of sections 178 to 183, that affected the result of the election.

Exception

188(3)      An application may not be made on the grounds for which an application for a judicial recount may be made under Part 12.

Deadline for application

188(4)      An application may not be made more than 30 days after the return of the writ under section 171.

Who can apply

189(1)      An application may be made only by

(a) an eligible voter in the electoral division in question; or

(b) a candidate in the election.

Respondent

189(2)      The applicant must name the elected candidate as the respondent.

Service

189(3)      The applicant must serve the notice of application on the chief electoral officer and every candidate in the election.

Parties

189(4)      Any of the persons referred to in subsection (3) are entitled to be parties to the application.

Court procedure

190(1)      An application must be heard on an urgent basis and in a summary manner.  The court may, however, allow oral evidence to be given in any situation that the court considers appropriate.

Frivolous applications

190(2)      The court may at any time dismiss an application that it considers to be frivolous, vexatious or made in bad faith.

Security for costs

190(3)      The applicant must pay $1000. into court as security for costs, unless the court waives this requirement.

Decision of the court

191(1)      After the hearing of the application, the court may do any of the following:

(a) declare that the elected candidate is qualified to hold office;

(b) declare that the elected candidate is not qualified to hold office and that the office is vacant;

(c) declare that the election is valid;

(d) declare that the election is invalid and that the office is vacant.

Where election valid despite contravention

191(2)      Subject to subsection (3), the court must not declare an election invalid by reason only of an irregularity or contravention of this Act if it is satisfied that

(a) the election was conducted in good faith; and

(b) the irregularity or contravention did not materially affect the result of the election.

Exception if candidate involved in contravention

191(3)      If the court finds that an act constituting an offence under any of sections 178 to 183 was committed by an elected candidate, or was committed with the knowledge and consent of the elected candidate, the court must declare that the election is invalid and that the office is vacant.

Appeal

192(1)      An appeal from the court's decision on an application must be filed with the Court of Appeal no later than seven days after the decision is made.

Appeal heard on urgent basis

192(2)      The Court of Appeal must hear the appeal on an urgent basis.

Report to Speaker

193         As soon as possible after the final determination of an application under this Part, the chief electoral officer must advise the Speaker of the Assembly of the result of the application.

PART 16

MISCELLANEOUS PROVISIONS

PRESERVING ORDER AT ELECTIONS

Election officials to keep order

194(1)      The returning officer, assistant returning officer, voting officer and senior voting officer must maintain peace and order as far as reasonably possible at the election proceedings for which they are responsible.

Peace officer status

194(2)      For the purpose of this section, from the time an election is called until a candidate is declared elected, an election official referred to in subsection (1) has all the authority and protections of a peace officer.

Powers

194(3)      For the purpose of this section, the election official responsible may do one or more of the following:

(a) restrict or regulate the number of persons admitted at any time to a voting station or voting place;

(b) order a person to leave a voting station or voting place if, in the official's opinion, the person

(i) is not permitted to be at the voting station or voting place,

(ii) is disturbing the peace and order,

(iii) is interfering with the conduct of voting, or

(iv) is contravening a provision of this Act;

(c) require proof of identification from a person who may be ordered to leave under clause (b);

(d) order the removal of a person ordered to leave under clause (b) if the person does not comply;

(e) require the assistance of peace officers to maintain peace and order.

Person ordered to leave

194(4)      A person ordered to leave under clause (3)(b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted, and must not return while the proceedings are being conducted unless permitted to do so by the election official responsible.

Person not to be prevented from voting

194(5)      The authority under subsection (3) must not be used to prevent a voter otherwise entitled to vote at the place from exercising the right to vote.

ACCESS FOR CAMPAIGNING

Right of access

195(1)      Subject to subsection (2), between 9:00 a.m. and 9:00 p.m. no person may prevent anyone who produces identification or documentation confirming that he or she is a candidate or a representative of a candidate in an election from canvassing or distributing election material at the entrance door of each residence in an apartment, condominium complex or other multiple residence.

Exception if station in multiple-unit building

195(2)      On any day when voting occurs at a voting station located in an apartment, condominium complex or other multiple residence, a candidate or representative of a candidate must not canvass or distribute election materials at the voting station or on the same level of the building as the voting place is located.

Exception for shelters

195(3)      Subsection (1) does not apply to a shelter or other residence for persons under reasonable apprehension of bodily harm.

Access to health care and correctional facilities

195(4)      Canvassing and the distribution of election materials may take place at a health care facility or correctional facility only at times and places mutually agreed on by the candidate and the administrator of the facility.

Access to communities

195(5)      No person may interfere with, or prevent, anyone who produces identification or documentation confirming that he or she is a candidate or a representative of a candidate in an election from canvassing or distributing election material in any community.

ELECTION SIGNS

Election signs

196(1)      No landlord or condominium corporation and no person acting on behalf of a landlord or condominium corporation may prevent a person from displaying an election sign or poster on premises that he or she owns, rents or leases.

Permitted restrictions

196(2)      Despite subsection (1), a landlord or condominium corporation or a person acting on behalf of a landlord or condominium corporation may

(a) impose reasonable conditions on the size and type of election signs and posters that may be displayed; and

(b) prohibit the display of election signs and posters in common areas of the building.

PREPARATIONS FOR NEW ELECTORAL DIVISIONS

Actions in anticipation of new electoral divisions

196.1       In anticipation of an Act establishing a new electoral division or changing the boundaries of an existing electoral division, the following may take place before the changes made by the Act come into force:

(a) the chief electoral officer may appoint a returning officer and assistant returning officers for the new or revised electoral division;

(b) the returning officer may take any steps necessary to conduct an election in the new or revised electoral division, including

(i) hiring enumerators and conducting an enumeration,

(ii) preparing preliminary voters lists, and

(iii) conducting a revision.

S.M. 2008, c. 43, Sch. B, s. 26.

LIABILITY PROTECTION

Protection from liability

197         No proceeding may be instituted against the chief electoral officer, the commissioner, or any person appointed or employed by the chief electoral officer or the commissioner, including an election official or an enumerator,

(a) 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 or any other Act or regulation; or

(b) for any neglect or default in the performance or intended performance or in the exercise or intended exercise in good faith of a duty or power under this or any other Act or regulation.

CONFIDENTIALITY

Confidentiality

198         The chief electoral officer and anyone employed under the chief electoral officer must preserve secrecy concerning all matters that come to their knowledge in the course of their work under this Act, and must not communicate those matters to any person unless required to do so in connection with the proper administration of this Act or a proceeding under this Act, or in a court of law.

RECORDS OF THE CHIEF ELECTORAL OFFICER

Records of CEO

199(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"

199(2)      In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics.

ADVISORY COMMITTEE

Advisory committee

200(1)      An advisory committee is established consisting of one representative appointed by each registered political party.

Leader to advise

200(2)      The leader of a registered political party must advise the chief electoral officer of the name and address of the party's representative.

Consultation with committee

200(3)      The chief electoral officer must call meetings of the advisory committee from time to time to seek the committee's advice about the proper administration of this Act, including the format and wording of voters lists and the appropriate location of voting places.

Advisory status only

200(4)      Advice and recommendations of the advisory committee are not binding on the chief electoral officer.

S.M. 2008, c. 43, Sch. B, s. 27.

PAYMENT OF ELECTION EXPENSES

Election expenses paid out of Consolidated Fund

201         The following expenses are to be paid from the Consolidated Fund without further appropriation:

(a) remuneration paid to election officials and other persons employed for the purpose of an election, and other expenses required for an election;

(b) expenses related to public education and information programs under clause 29(b);

(c) on the certificate of the chief electoral officer, any remuneration and expenses relating to the commissioner.

AMENDMENTS TO THIS ACT

Amendments do not apply for 90 days

202         An amendment to this Act does not apply to an election that is called within 90 days after the amendment comes into force.

REGULATIONS

Regulations

203         The Lieutenant Governor in Council may make regulations

(a) prescribing the tariff of fees for printing ballots and renting premises for voting stations;

(b) fixing the fees and expenses to be paid to enumerators, information officers and election officials.

PART 17

CONSEQUENTIAL AMENDMENTS

204 to 207  

NOTE: These sections made up Part 17 of the original Act and contained consequential amendments to other Acts that are now included in those Acts.

PART 18

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Repeal: Elections Act

208(1)      The Elections Act, R.S.M. 1987, c. E30, is repealed.

Repeal: Controverted Elections Act

208(2)      The Controverted Elections Act, R.S.M. 1987, c. C210, is repealed.

C.C.S.M. reference

209         This Act may be referred to as chapter E30 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

210         This Act comes into force six months after the day it receives royal assent.

 

 
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