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The Elections Act

C.C.S.M. c. E30

The Elections Act

PART 1
INTRODUCTORY PROVISIONS
DEFINITIONS
1 Definitions
HOW TO ESTABLISH IDENTITY
2 (1) Establishing identity
(2) Declaration
DOCUMENTS AND OATHS
3 (1) Providing documents to election officials
(2) Copies
4 (1) Who can administer an oath
(2) Signature requirements
(3) No fee
PART 2
DEMOCRATIC RIGHTS
WHO CAN VOTE
5 Eligible voters
6 One vote
RESIDENCY
7 General rules for determining residency
8 Losing Manitoba residency
9 (1) Temporary residence in Manitoba
(2) Summer residences
10 (1) Persons with no fixed address
(2) Declaration
11 Inmates
12 (1) Additional eligible voters
(2) Definition
TIME OFF WORK TO VOTE
13 (1) Time to vote
(2) Time off work to vote
(3) Employer may select time
(4) Prohibitions
LEAVE TO PARTICIPATE IN ELECTIONS
14 Leave without pay
15 (1) Written request
(2) Notice of employer's right to request exemption
(3) Timing of request
(4) Part-time leave
(5) Employer may require confirmation
16 (1) Number of volunteers for candidate
(2) Number of volunteers for party
17 (1) When leave can begin
(2) When leave ends for returning officers
(3) When leave ends for election officials, enumerators and volunteers
(4) When leave ends for candidate
18 (1) Exemption if leave seriously detrimental
(2) Application for exemption
19 (1) Decision maker
(2) Procedure
(3) Decision final
20 (1) Contribution to benefit plans may continue
(2) Right to reinstatement
(3) Service continuous
(4) Employer's obligations
21 Complaints
PART 3
CHIEF ELECTORAL OFFICER
APPOINTING A CHIEF ELECTORAL OFFICER
22 Appointment process
23 Appointing chief electoral officer
24 (1) Salary
(2) No reduction in salary
(3) Pension
25 Impartiality
REMOVING OR SUSPENDING A CHIEF ELECTORAL OFFICER
26 (1) Removal or suspension
(2) Suspension if Assembly not sitting
(3) Length of suspension
RESPONSIBILITIES OF THE CHIEF ELECTORAL OFFICER
27 Responsibilities of CEO
28 (1) Power to adapt Act
(2) Limit on power to adapt
29 Public information and education
30 (1) Forms
(2) Notices and other documents
APPOINTING A DEPUTY CHIEF ELECTORAL OFFICER AND OTHER STAFF
31 (1) Deputy CEO and staff
(2) Deputy to act in place of CEO
(3) Impartiality of staff
REPORTING TO THE ASSEMBLY
32 (1) Reports to the Assembly
(2) Amendments
(3) Tabling the report
(4) Referral to standing committee
(5) Report may be combined with Election Financing report
PART 4
ELECTION OFFICIALS
WHO MAY NOT BE AN ELECTION OFFICIAL
33 Who may not be an election official
RETURNING OFFICERS AND ASSISTANT RETURNING OFFICERS
34 (1) Appointing returning officers
(2) Appointment based on merit
(3) Notice of appointment
35 (1) Appointing assistant returning officers
(2) If RO absent
36 (1) RO and ARO must be eligible voters
(2) If RO or ARO ceases to reside in division
37 (1) Term of appointment
(2) Re-appointment
38 Duty to be impartial
39 Replacing a returning officer or assistant returning officer
40 Repealed
VOTING OFFICERS AND ASSISTANT VOTING OFFICERS
41 (1) Appointing voting officers
(2) Exception
(3) Senior voting officer
42 (1) Appointing assistant voting officers
(2) Replacement for voting officer
REGISTRATION OFFICERS AND INFORMATION OFFICERS
43 Appointing registration officers
44 Appointing information officers
OTHER STAFF
44.1 Appointing interpreters and office staff
GENERAL PROVISIONS
45 (1) Oath of election officials
(2) Oaths sent to chief electoral officer
(3) Second oath not required
46 (1) Replacing person appointed by returning officer
(2) Order to deliver material
47 Election officials from outside the electoral division
48 If election official not qualified
PART 5
CALLING AN ELECTION
WRIT OF ELECTION
49 (1) Order calling an election
(2) General election day
(3) General election cancels by-election
49.1 (1) Powers of Lieutenant Governor preserved
(2) General election on first Tuesday in October
(3) Postponing fixed date election
50 Issuing the writ
NOTICE OF ELECTION
51 (1) RO to prepare notice of election
(2) Posting the notice
POSTPONING AN ELECTION
52 Postponing an election in an electoral division
PART 6
CANDIDATES
WHO MAY BE NOMINATED
53 (1) Who may be nominated
(2) Disqualified persons
54 Person may be a candidate in only one electoral division
MAKING A NOMINATION
55 What nomination must include
56 (1) Closing day for nominations
(2) Deadline for receiving nominations
(3) Obligation to ensure documents received
57 (1) Verifying the nomination
(2) Notice to candidate of acceptance or refusal
(3) Correcting or replacing documents
ENDORSEMENT BY A REGISTERED POLITICAL PARTY
58 (1) Party to provide names of endorsed candidates
(2) Effect of failure to comply
(3) CEO must verify endorsements
(4) Party may endorse only one candidate per division
NOTICE OF CANDIDATES
59 (1) Notice to CEO
(2) Publication by CEO
ACCLAMATION
60 Acclamation
WITHDRAWAL OF CANDIDATE
61 (1) If candidate withdraws
(2) Signature must be witnessed
(3) Notice of withdrawal
DEATH OF CANDIDATE
62 (1) If candidate dies
(2) New writ
(3) Content of new writ
(4) Status of candidates
REPLACING AN OFFICIAL AGENT
63 (1) Replacing an official agent
(2) Forwarding information to CEO
PART 7
VOTERS LISTS
DIVISION 1
VOTING AREAS
64 (1) Voting areas
(2) Establishing new voting areas
(3) Size of urban voting areas
(4) Size of rural voting areas
(5) Separate voting area — multiple residence of at least 100 units
(5.1) Separate voting area — multiple residence of fewer than 100 units
(6) Considerations
(7) Description
DIVISION 2
ENUMERATION
LIST OF ADDRESSES
64.1 (1) List of addresses for every electoral division
(2) Updating list of addresses
(3) Sources of information
(4) Obligation to provide information
(5) Agreement
ENUMERATORS
65 (1) Enumeration of voters
(2) Appointment of enumerators
66 (1) Required information
(1.1) Additional information — gender and date of birth
(2) Presumption of residence
(3) Information to returning officer
67 Identification
68 Access to multiple residences
CONDUCTING THE ENUMERATION
69 (1) House-to-house canvass in urban areas
(2) Supplementary sources
70 (1) Canvass in rural areas
(2) Other means of obtaining information
71 Calling cards
72 Enumeration record
WHEN ENUMERATION NOT REQUIRED
73 (1) Use of old voters list
(2) Requirements when order made
(3) Copies
DIVISION 3
PRELIMINARY VOTERS LIST
74 (1) Preparing preliminary voters list
(2) Information on preliminary voters list
(2.1) Gender and date of birth excluded
(3) Format of preliminary voters list
(4) Deadline for completing preliminary voters list
75 (1) Providing copies of preliminary voters list
(2) Copies of preliminary list to parties
(3) Preliminary list in electronic format
76 (1) Preliminary list available for inspection
(2) Repealed
DIVISION 4
REVISION
REVISION PERIOD
77 (1) Revision period
(2) Longer period if old list is used
(3) Place and times for revision
(4) Additional locations
78 (1) Public notice of revision
(2) Additional information
ENUMERATION DURING REVISION
79 (1) Revising agents
(2) Identification
REVISING OFFICERS
80 (1) Returning officer as revising officer
(2) Appointing revising officers
CANDIDATE'S REPRESENTATIVES
81 (1) Candidate's representatives
(2) Conditions
APPLICATIONS FOR REVISION
82 (1) Who can apply
(2) Application requirements
83 (1) Application for relative
(2) Application requirements
84 Decision on application
OBJECTIONS
85 (1) Objections
(2) Form of objection
(3) Notice to subject of objection
(4) Investigation of death
(5) Resolving objection that person died
(6) Resolving objection re eligibility
OTHER CHANGES DURING REVISION
86 (1) Correcting errors
(2) Adding omitted voters
RECORD OF REVISION
87 Record of revision
88 (1) Close of revision
(2) Delivering record of revision
REVISED VOTERS LIST
89 (1) Preparing revised voters list
(2) Form
(3) Copies of revised voters list
APPEALS
90 (1) Appeals
(2) How to apply
(3) Respondents
(4) Appeal to be heard on urgent basis
(5) Deadline for decision
(6) Notice of names added or deleted on appeal
(7) No appeal
ADDITIONAL CHANGES AFTER REVISION
91 (1) Adding names after revision
(2) Notice
92 (1) Change of residence after revision
(2) Decision
(3) Notice to returning officer
(4) Revision of voters list
DIVISION 5
OFFICIAL VOTERS LIST
93 (1) Official voters list
(2) Copies
DIVISION 6
MISCELLANEOUS
PERSONAL SECURITY PROTECTION
94 (1) Personal security protection
(2) Application requirements
(3) Personal security number
(4) Voters list requirements
(5) Placing security number on voters list
(6) Procedures for voting
(7) Powers of chief electoral officer
AUTHORIZED USE OF VOTERS LISTS
95 (1) Authorized use of voters list
(2) Exception
96 Tracing unauthorized use of voters list
AGREEMENTS RE USE OF VOTERS LIST
97 (1) Agreements re use of voters list
(2) Conditions
PART 8
PREPARING FOR AN ELECTION
DIVISION 1
BALLOTS AND BALLOT BOXES
98 (1) Regular ballots
(2) Form of ballots
(3) Printer's duties
(4) Information on ballot
(5) Names in alphabetical order
99 (1) Write-in ballots
(2) Form of write-in ballots
100 (1) Ballots to voting officers
(2) New ballots if candidate withdraws
(3) Exception
101 Ballot boxes
102 (1) Delivery of election materials
(2) Property in election materials
DIVISION 2
VOTING STATIONS AND PLACES
103 (1) Establishing voting stations
(2) Location of voting places
(3) Voting place must be accessible
(4) Voting stations in population centres
104 Central voting place
105 (1) Use of schools
(2) Restriction on school activities
106 (1) New voting place if needed
(2) Notice of change
107 (1) Second voting station
(2) Division of voters list
108 Voting compartment requirements
109 Voting directions and notice of secrecy
PART 9
REGULAR VOTING ON ELECTION DAY
DIVISION 1
OPERATION OF REGULAR VOTING STATIONS ON ELECTION DAY
110 Voting hours
111 (1) Inspection of election materials
(2) Treatment of ballot box
(3) Location of ballot box
112 (1) Voting book
(2) Record of voting
(3) Other entries in voting book
113 Who may be present at voting station
114 (1) Scrutineers
(2) Powers of scrutineer
DIVISION 2
VOTING AT REGULAR VOTING STATIONS ON ELECTION DAY
APPLYING FOR A BALLOT
115 (1) Applying for ballot
(2) Determining if name on voters list
(3) Applying to add name to voters list
(3.1) Additional information
(4) Addition to voters list
(5) Exception
(6) When person listed as already voting
116 (1) Who may challenge
(2) Deadline for challenge
(3) Reason for challenge
(4) Recording challenge
(5) Oath required
(6) Refusal to take oath before ballot received
(7) Refusal to take oath after ballot received
VOTING PROCEDURE
117 (1) Voting by regular ballot
(2) Voting procedure
(3) Voter must leave voting place
VOTERS REQUIRING ASSISTANCE
118 (1) Voting with template
(2) Assistance with template
119 (1) Voter requiring assistance
(2) Who may assist voter
(3) Limit on assistance
(4) Assistant's obligations
120 (1) No voting if interpreter not available
(2) Interpreters
(3) Election official may interpret
(4) Oath
121 (1) Moving ballot box
(2) Privacy
(3) Materials must accompany ballot box
(4) Scrutineers may be present
SPOILED BALLOTS
122 (1) Spoiled ballot
(2) Treatment of spoiled ballot
SECRECY OF VOTING
123 (1) Secrecy of voting
(2) Voter not to show ballot
(3) No one allowed in voting compartment
(4) No requirement to disclose vote
DIVISION 3
POLITICAL ACTIVITIES AT VOTING PLACES
124 (1) Prohibition on political activities
(2) Voting station in multiple-unit building
(3) Order to remove sign
(4) Duty to remove
(5) Exception for notices under Act
(6) Exception for scrutineers
PART 10
SPECIAL VOTING OPPORTUNITIES
DIVISION 1
ADVANCE VOTING
GENERAL MATTERS
125 (1) Advance voting
(2) Conduct of advance voting
(3) Public notice
(4) Advance voting at returning office
(5) Additional advance voting stations
(5.1) Maximum distance for advance voting
(6) Accessibility
(7) Hours
126 (1) Mobile advance voting station
(2) Hours of operation
127 (1) Separate ballot boxes
(2) Seals
(3) Security precautions
128 List of advance voters
VOTING BY RESIDENTS
129 (1) Advance voting by residents
(2) Identification requirements
(3) Voting by regular ballot
130 (1) Notice to returning officer
(2) Notation on official voters list
131 (1) Counting the advance vote
(2) Where advance vote of residents to be counted
VOTING BY NON-RESIDENTS
132 (1) Voting by non-residents
(2) Identification requirements
(3) Voting by write-in ballot
133 (1) Notice to non-resident's returning officer
(2) Notation on official voters list
134 (1) Transfer of non-resident advance ballots
(2) CEO to send certificate envelopes to Ros
135 (1) Counting non-resident advance vote
(2) Counting procedure
136 Treatment of late non-resident advance ballots
DIVISION 2
INSTITUTIONAL VOTING
137 (1) Institutional voting stations
(1.1) Co-located facility or residence
(2) Duty of administrator
(3) Conduct of institutional voting
(4) Voting station may move
(5) Station may serve more than one facility
(6) Hours of operation
138 (1) Ballots at health care facility
(2) Ballots at correctional facility
139 Write-in ballot voting procedure
140 (1) Counting institutional vote
(2) CEO to send certificate envelopes to Ros
(3) Notice
(4) Counting the write-in ballots
DIVISION 3
REMOTE MOBILE VOTING STATIONS
141 (1) Remote mobile voting stations
(2) Voting at remote mobile voting stations
(3) Hours of operation
(4) Notice
142 Counting the remote mobile vote
DIVISION 4
ABSENTEE VOTING
APPLICATIONS
143 (1) Eligible absentee voters
(2) How to apply
(2.1) Additional information
(3) Application before election is called
(4) Application after election called
(5) Notice of changes
144 (1) Absentee voter registry
(2) Removing name from registry
(3) Notice
(4) Applications to returning officer
145 Decision
146 (1) Absentee voting package
(2) Absentee voter to get voting package
(3) Record of absentee voters
(4) Person deemed to have voted
147 Absentee voting procedure
148 Late absentee ballots
149 (1) Treatment of absentee ballots
(2) Placement into ballot box
(3) Ballots not to be counted
150 Counting the absentee vote
DIVISION 5
HOMEBOUND VOTING
151 (1) Eligible homebound voters
(2) How to apply
(2.1) Additional information
(3) Decision
152 (1) Homebound voting package
(2) Delivery and return of homebound ballots
(3) Exception
(4) Record of homebound voters
(5) Person deemed to have voted
153 Homebound voting procedure
154 Late homebound ballots
155 (1) Treatment of homebound ballots
(2) Placement into ballot box
(3) Ballots not to be counted
156 Counting the homebound vote
PART 11
COUNTING THE VOTE
CLOSING THE VOTING STATION
157 Voting station closes at 8:00 p.m.
HOW TO COUNT THE VOTE
158 Voting officer to count the vote
159 Steps to follow
FINAL TALLY OF VOTES BY RETURNING OFFICER
160 (1) RO to do final tally of votes
(2) Candidates and scrutineers present
(3) RO may not alter a decision of the voting officer
161 Steps to follow
DECLARING A CANDIDATE ELECTED
162 (1) RO to declare candidate elected
(2) When declaration is made
(3) Official results to be given to candidates
POSTPONING DECLARATION IF BALLOTS DELAYED
163 (1) Postponing the declaration of election
(2) Additional postponements
(3) If reason for delay not resolved
(4) Missing ballots may not be considered
164 (1) Opening ballot box to retrieve information
(2) Candidates or scrutineers present
PART 12
JUDICIAL RECOUNT
RECOUNT BY THE COURT OF QUEEN'S BENCH
165 (1) Application by RO
(2) Application by candidate or voter
(3) No recount re reimbursement
(4) Deadline for application
166 (1) Recount within two weeks
(2) Judge must not reside in electoral division
(3) Parties
(4) Notice
(5) Election officials to attend
(6) Officials may assist
167 (1) Recount process
(2) Powers of judge
(3) Witnesses
(4) Recount must be continuous
(5) Security of documents
168 (1) Procedure when recount completed
(2) Certificate
(3) Declaration of election
(4) Return of documents to RO
(5) No costs if RO applies for recount
(6) Costs if candidate or voter applies for recount
APPEAL FROM DECISION ON RECOUNT
169 (1) Appeal from judge's decision
(2) Appeal may be limited
(3) Duty of judge
(4) Hearing date
(5) Officials may assist
(6) Appeal process
(7) Decision on appeal
(8) Costs
NEW ELECTION IF TIE VOTE
170 (1) New election if tie vote
(2) RO to inform CEO
(3) New writ
PART 13
RETURN OF THE WRIT AND REPORT OF ELECTION RESULTS
RETURN OF THE WRIT
171 (1) Return of the writ
(2) Return of writ if recount
(3) Statement of official results to accompany return
172 Election material returned to CEO
173 Report to CEO on the conduct of the election
REPORT OF ELECTION RESULTS BY CHIEF ELECTORAL OFFICER
174 Report to Clerk of the Assembly
175 Publication of detailed election information
176 Final voters lists given to parties
KEEPING AND ARCHIVING ELECTION DOCUMENTS
177 (1) Keeping and archiving election documents
(2) Public inspection
PART 14
OFFENCES
BRIBERY AND INTIMIDATION OFFENCES
178 (1) Offering a bribe
(2) Accepting a bribe
(3) Soliciting a bribe
(4) Additional penalty
179 (1) Force and intimidation
(2) Use of false pretenses
(3) Secrecy of the vote
VOTING OFFENCES
180 (1) Corrupt voting
(2) Other voting related offences
OFFENCES RELATING TO CANDIDATES
181 (1) False statement of candidate's withdrawal
(2) False statement of candidate's character
OFFENCES RELATING TO ELECTION OFFICIALS AND OTHERS
182 (1) Offences relating to election and other officials
(2) Bribery, etc. of an official
(3) Obstructing an official
(4) Preventing access by official
MISCELLANEOUS OFFENCES
183 (1) False statement respecting voters lists
(2) False statement re dead or fictitious person
(3) Destroying election notices
(4) Failure to grant leave from employment
(5) Offence relating to false or misleading information
(6) Misuse of voters list
(7) Obstruction of commissioner
184 Offence for other contraventions
PENALTIES
185 (1) Penalty for serious offences
(2) Penalty for other offences
INVESTIGATING AND PROSECUTING OFFENCES
186 (1) CEO to appoint commissioner
(2) Term
(3) Investigations by commissioner
(4) Commissioner may appoint representative
(5) Records
(6) Warrant
(7) Repealed
186.1 (1) Notice of investigation
(2) Notice of results of investigation
(3) Outcome of investigation may be made public
187 (1) Commissioner may prosecute offences
(2) Inadvertent or technical contravention
(3) Only commissioner may prosecute
(4) Time limit for prosecution
(5) Powers of commissioner re prosecution
(6) Proof of election, etc.
INJUNCTIONS
187.1 (1) Application for injunction
(2) Injunction
(3) Notice
COMPLIANCE AGREEMENTS
187.2 (1) Compliance agreements
(2) Terms and conditions
(3) Obligations of commissioner
(4) Admission of responsibility
(5) Inadmissible in evidence
(6) Effect of compliance agreement
(7) Renegotiation
187.3 (1) If agreement complied with
(2) Effect of notice
187.4 (1) When prosecution may be commenced or continued
(2) Time limit for beginning prosecution
187.5 Dismissal of proceedings
187.6 Publication
PART 15
CHALLENGING AN ELECTION
188 (1) Application to court
(2) Grounds for application
(3) Exception
(4) Deadline for application
189 (1) Who can apply
(2) Respondent
(3) Service
(4) Parties
190 (1) Court procedure
(2) Frivolous applications
(3) Security for costs
191 (1) Decision of the court
(2) Where election valid despite contravention
(3) Exception if candidate involved in contravention
192 (1) Appeal
(2) Appeal heard on urgent basis
193 Report to Speaker
PART 16
MISCELLANEOUS PROVISIONS
PRESERVING ORDER AT ELECTIONS
194 (1) Election officials to keep order
(2) Peace officer status
(3) Powers
(4) Person ordered to leave
(5) Person not to be prevented from voting
ACCESS FOR CAMPAIGNING
195 (1) Right of access
(2) Exception if station in multiple-unit building
(3) Exception for shelters
(4) Access to health care and correctional facilities
(5) Access to communities
ELECTION SIGNS
196 (1) Election signs
(2) Permitted restrictions
PREPARATIONS FOR NEW ELECTORAL DIVISIONS
196.1 Actions in anticipation of new electoral divisions
LIABILITY PROTECTION
197 Protection from liability
CONFIDENTIALITY
198 Confidentiality
RECORDS OF THE CHIEF ELECTORAL OFFICER
199 (1) Records of CEO
(2) Definition of "record"
ADVISORY COMMITTEE
200 (1) Advisory committee
(2) Leader to advise
(3) Consultation with committee
(4) Advisory status only
PAYMENT OF ELECTION EXPENSES
201 Election expenses paid out of Consolidated Fund
AMENDMENTS TO THIS ACT
202 Amendments do not apply for 90 days
REGULATIONS
203 Regulations
PART 17
CONSEQUENTIAL AMENDMENTS
204 to 207
PART 18
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
208 (1) Repeal: Elections Act
(2) Repeal: Controverted Elections Act
209 C.C.S.M. reference
210 Coming into force