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The Municipal Councils and School Boards Elections Act
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This version is current as of June 23, 2016.
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C.C.S.M. c. M257

The Municipal Councils and School Boards Elections Act

(Assented to June 16, 2005)

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

PART 1

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"by-election" means an election that is not conducted as part of a general election. (« élection partielle »)

"candidate" means a person who, under subsection 45(3), is a candidate in an election. (« candidat »)

"court" means the Court of Queen's Bench. (« tribunal »)

"elected authority" means

(a) a council of a municipality; and

(b) a school board. (« autorité élue »)

"election" means an election for an office of an elected authority. (« élection »)

"election day" means the day fixed for voting in an election or on a question, other than a day fixed for advance voting. (« jour du scrutin »)

"election official" means a person appointed as

(a) a senior election official under section 10;

(b) an assistant senior election official under section 12; and

(c) an election official or supervising election official under subsection 13(1). (« fonctionnaire électoral »)

"eligible voter" means a person who is eligible under Part 3 to vote in an election or on a question. (« électeur admissible »)

"general election" means an election for all the offices of an elected authority required to be held in October of every fourth year. (« 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; and

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

"land" means land that is assessed in the realty assessment roll of a municipality. (« bien-fonds »)

"local authority" means a municipality, a school division and a school district. (« autorité locale »)

"mobile voting station" means a voting station that travels from place to place. (« bureau de scrutin itinérant »)

"question" means a vote on a question described in clause 2(b). (« question »)

"registered owner of land" means, in respect of a parcel of land,

(a) a tenant or occupier of the land, if his or her name is entered on the latest revised realty assessment roll as the owner of a right, interest, or estate in it; or

(b) if no person qualifies under clause (a), the person who is the owner of a freehold estate in the land, including

(i) a person who is an owner with another person, as joint tenants or tenants in common, of a freehold estate, and

(ii) a person who is the registered owner of a unit under The Condominium Act. (« propriétaire inscrit d'un bien-fonds »)

"regulation" means a regulation made under this Act. (« règlement »)

"remand facility" means a facility in which persons awaiting trial are detained. (« établissement de détention provisoire »)

"school board" has the same meaning as in section 1 of The Public Schools Act. (« commission scolaire »)

"scrutineer" means a person described in section 71. (« représentant »)

"senior election official" means a person appointed as a senior election official under section 10. (« fonctionnaire électoral principal »)

"voters list" means the voters list of a local authority. (« liste électorale »)

"voting official" means an election official who is responsible for the conduct of voting at a voting station. (« fonctionnaire du scrutin »)

"voting place" means a place where a person votes in an election or on a question. (« centre de scrutin »)

"voting station" means the station within a voting place that a person attends to receive and cast a ballot. (« bureau de scrutin »)

S.M. 2011, c. 30, Sch. A, s. 304.

Application of Act

2           This Act applies to

(a) an election for an office of a local authority; and

(b) subject to section 3, a vote in respect of any of the following:

(i) a plebiscite under The Liquor and Gaming Control Act,

(ii) [repealed] S.M. 2013, c. 51, Sch. B, s. 197,

(iii) a vote held under Part 2 of The Municipal Act,

(iv) any other question required by an Act to be submitted to voters in a local authority.

S.M. 2013, c. 51, Sch. B, s. 197.

Other Acts prevail

3           If there is a conflict between this Act and another Act under which an election or vote on a question is required to be held, the provisions of the other Act prevails over this Act.

Public notice

4(1)        If this Act requires public notice to be given, the notice must be given at least once by

(a) publishing a copy of it in a newspaper having general circulation throughout the local authority affected by the subject matter of the notice; or

(b) mailing or distributing a copy of it to every household in the local authority.

More than one newspaper

4(2)        If no newspaper has general circulation throughout the local authority, the obligation under clause (1)(a) may be met by publishing the notice in more than one newspaper.

Public notices may be combined

5           Public notices may be combined as long as the requirements of the applicable provisions are met.

Oaths

6(1)         If this Act requires an oath to be made, the oath must be

(a) in writing;

(b) administered by a person authorized to do so under this Act or The Manitoba Evidence Act; and

(c) signed by the person making the oath and by the person before whom the oath is made.

Form of oath may be prescribed

6(2)        If a regulation under subsection 152(1) applies, an oath must be made in the prescribed form.

Establishing identity

7(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, address and photograph; or

(b) at least two other documents that provide evidence of the person's identity satisfactory to the election official who asked the person for identification.

Establishing identity in another way

7(2)        A person who is unable to comply with subsection (1) must furnish other proof of identity that is satisfactory to the election official who asked the person for identification.

PART 2

APPOINTMENTS AND ARRANGEMENTS

Agreements

8(1)        An elected authority may agree to conduct the following for another elected authority, with the agreement of the other elected authority:

(a) an election or any part of an election;

(b) a vote on a question or any part of such a vote.

By-laws made applicable

8(2)        An elected authority that is a party to an agreement under this section may, by by-law, provide that the by-laws of the other elected authority respecting elections or votes on questions apply to elections or questions conducted under the agreement.

Cost

9           Unless otherwise agreed to under subsection 8(1), the costs of an election or a vote on a question in a local authority are the responsibility of the local authority.

SENIOR ELECTION OFFICIAL

Senior election official must be appointed

10(1)       Each elected authority must appoint a senior election official and may provide for his or her remuneration.

Person may be appointed in more than one authority

10(2)       Two or more local authorities may appoint the same senior election official.

When appointment ends

10(3)       A senior election official, unless he or she sooner resigns, dies or ceases to be eligible under subsection 17(1), holds office until his or her successor is appointed.

If office of senior election official is vacant

10(4)       If the office of senior election official becomes vacant, the elected authority must immediately appoint a successor.

General duties of senior election official

11(1)       The senior election official of a local authority must

(a) exercise general direction and supervision over the conduct of elections and votes on questions in the local authority;

(b) ensure that election officials in the local authority carry out their duties with fairness and impartiality, and in compliance with this Act; and

(c) give election officials in the local authority any instructions that the senior election official considers necessary to administer this Act.

S.E.O. must be independent and impartial

11(2)       A senior election official must discharge his or her responsibilities under the law independently and impartially.

Elected authority directions by by-law or resolution

11(3)       An elected authority may direct a senior election official only by a by-law or resolution that is authorized under this or another Act.

ASSISTANT SENIOR ELECTION OFFICIAL

Appointment of assistant senior election official

12(1)       A senior election official may appoint an assistant senior election official.

Assistant to act in place of S.E.O.

12(2)       If an assistant senior election official has been appointed and the senior election official is absent or unable to act or the office is vacant, the assistant senior election official may act in his or her place.  When doing so, the assistant has all the powers of the senior election official.

OTHER ELECTION OFFICIALS

Other election officials

13(1)       The senior election official may appoint one or more

(a) election officials; and

(b) supervising election officials, to supervise other election officials.

Term

13(2)       Subject to section 17, an election official holds office for the term specified in his or her appointment.

Duties of election official

13(3)       An election official must ensure that the law respecting an election or vote on a question in the local authority is complied with.

DELEGATION

Delegation

14(1)       The senior election official may delegate any of his or her powers and duties to other election officials, subject to any restrictions or conditions specified in the delegation.

S.E.O. retains powers and duties

14(2)       The senior election official may continue to exercise the delegated powers and duties despite the delegation.

OATH

Oath of election officials

15(1)       Before assuming his or her duties, an election official must take an oath that he or she

(a) will faithfully and impartially fulfill the duties and responsibilities under this Act that are assigned or delegated to him or her;

(b) has not received and will not accept any inducement to perform those duties and responsibilities otherwise than faithfully, impartially and in accordance with the law;

(c) will preserve the secrecy of the ballot in accordance with section 87; and

(d) is not ineligible under subsection 17(1) to hold the position.

Second oath not required

15(2)       An election official who takes an oath under subsection (1) and then assumes any of the duties or responsibilities of another election official is not required to take another oath.

Power to administer oath

16          An oath required to be taken under this Act may be administered by an election official.

INELIGIBILITY AND REPLACEMENT OF ELECTION OFFICIALS

Who may not be an election official

17(1)       The following persons may not be appointed and may not act as an election official:

(a) a member of the Legislative Assembly and a member of the House of Commons or the Senate of Canada;

(b) a member of an elected authority;

(c) a judge of any court or a justice of the peace;

(d) a candidate, or the official agent of a candidate;

(e) a person prohibited from being an election official by an order made under subsection 139(3);

(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.

Obligation if election official becomes ineligible

17(2)       An election official who becomes ineligible under subsection (1) must immediately resign.

Replacing an election official

18          The senior election official may rescind the appointment of an election official if satisfied that the person

(a) is ineligible to hold the position under subsection 17(1);

(b) is unable to perform his or her duties;

(c) has failed to perform his or her duties satisfactorily;

(d) has failed to follow an instruction of the senior election official, assistant senior election official or supervising election official; or

(e) after being appointed, engaged in partisan political activities, whether or not in the course of performing duties under this Act.

If election official not qualified

19          If a person who is not eligible is appointed or holds office as an election official, no action taken by the person is invalid solely because he or she was or became ineligible.

PRESERVATION OF ORDER AT ELECTIONS

Keeping order

20(1)       An election official must maintain peace and order at a voting place.

Assistance of peace officer may be required

20(2)       An election official may require a peace officer or other person to assist him or her in maintaining peace and order at a voting place.

Interpretation: "voting place"

20(3)       For the purpose of this section, "voting place" includes any place in the immediate vicinity of the voting place designated by the senior election official.

PART 3

VOTERS

ELIGIBILITY

Eligibility of person who is a resident

21(1)       A person is eligible to vote in an election or on a question if he or she is

(a) a Canadian citizen and at least 18 years old on election day; and

(b) a resident of the local authority on election day, and has been so for at least the six months before election day.

Residency

21(2)        Under this Act, the following rules apply in determining the residency of a person:

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.

Persons with no fixed address

21(3)       A person who does not have an ordinary residence is deemed to reside at the shelter, hostel or similar institution that most frequently provides lodging, food or other social services to the person.

Oath conclusive in absence of other evidence

21(4)       A person's oath regarding the place that most frequently provides lodging, food or other social services to the person is conclusive, in the absence of evidence to the contrary.

New or expanded local authority

21(5)       When a local authority is formed or the boundaries of a local authority are extended, a person is deemed to have satisfied the residency requirement in clause (1)(b) if, for at least the six months before election day, the person has been a resident within the area that becomes included in the local authority.

Municipal election and votes — eligibility of non-resident

22(1)       Subject to subsection (2), a person who is not a resident of a municipality is eligible to vote in an election in that municipality if he or she is

(a) a Canadian citizen and is at least 18 years old on election day; and

(b) is a registered owner of land in the municipality on election day and has been so for at least the six months before election day.

Maximum of two non-resident voters per property

22(2)       If three or more non-resident persons qualify as registered owners of a parcel of land,

(a) no more than two of them are eligible to vote; and

(b) in order to be included on the voters list, each of those two persons must file with the senior election official the written consent of the number of persons who, together with the person to be included on the voters list, are a majority of the registered owners of the land.

Non-residents:  new or expanded municipality

22(3)       When a municipality is formed or the boundaries of a municipality are extended, a person is deemed to have satisfied the requirements of clause (1)(b) if, for at least six months before election day, the person has been a registered owner of land within the area that becomes included in the municipality.

Application:  vote under Part 2 of Municipal Act

22(4)       This section also applies in respect of a vote held under Part 2 of The Municipal Act.

VOTERS LIST

S.E.O. to establish and maintain voters list

23(1)       The senior election official must establish and maintain an up-to-date voters list for the local authority.

Voting subdivisions may be created

23(2)       The senior election official may divide the local authority into voting subdivisions.  If voting subdivisions are established, the voters list must contain a separate division for each subdivision.

One entry only

24          A voter's name must not appear on the voters list more than once.

Residence determines division of list

25(1)       If the local authority has been divided into voting subdivisions, a voter's name must be placed on the division of the list that corresponds to the voting subdivision in which he or she resides.

Non-resident qualified in more than one subdivision

25(2)       If a municipality has been divided into wards, a non-resident voter who is the registered owner of land in more than one ward must designate the ward in which he or she intends to vote.  The designation must be made in writing and filed with the senior election official before the voters list is closed to revision under section 31.

Senior election official to act

25(3)       If a non-resident voter fails to make a designation under subsection (2), the senior election official must select one of the wards in which the non-resident is eligible to vote and place the voter's name on the list for that ward.

Format of list

26          The senior election official may

(a) determine the format of the voters list, including the arrangement of names and other content required under section 27; and

(b) establish or maintain the voters list on paper or electronically and reproduce the list in the manner he or she determines.

Content of voters list

27          The voters list must contain the following

information about each person who the senior election official has reason to believe is an eligible voter:

(a) the voter's name;

(b) the voter's residential address, and mailing address if it is different;

(c) for a non-resident voter, the address or legal description of the land that qualifies the person as a non-resident voter.

Information for establishing and maintaining voters list

28(1)       For the purpose of establishing or maintaining the voters list, the senior election official may obtain information from any source, including

(a) by agreement under subsection (2), from the Chief Electoral Officer of Canada or the Chief Electoral Officer of Manitoba;

(b) by an enumeration conducted under this Part; and

(c) from any local authority.

Agreements

28(2)       A local authority may enter into an agreement with the Chief Electoral Officer of Canada or the Chief Electoral Officer of Manitoba

(a) to receive information that will assist in establishing or maintaining the voters list for the authority; and

(b) to provide information that will assist in establishing or maintaining a Register of Electors under the Canada Elections Act or a voters list under The Elections Act.

Information from previous voters lists

28(3)       The information that may be obtained from a local authority under clause (1)(c) includes, without limitation,

(a) information contained in voters lists used in previous elections or votes on questions in the local authority; and

(b) if the boundaries of a local authority are extended, information from the voters list of the local authority that previously contained the area that becomes included within the local authority.

Entitlement to information on voters list

29          Persons are entitled to have access to information on the voters list about themselves to determine whether the information is correct.

Restrictions on use of information on voters list

30          A person must not knowingly use the information that is recorded on the voters list for a purpose other than

(a) an election or vote on a question, which for certainty includes

(i) establishing or maintaining a voters list under this or another Act, or

(ii) enabling a candidate to communicate with electors in accordance with subsection 37(2); and

(b) an agreement made under subsection 28(2).

Period when voters list closed to revision

31          Except for adding voters at the time of voting or providing a sealed envelope ballot package, the voters list must not be revised between the close of nominations and election day.

ENUMERATION

Enumeration

32(1)       For the purpose of establishing or maintaining the voters list, the senior election official may cause an enumeration to be conducted.

Conduct of enumeration

32(2)       An enumeration may be conducted for the entire local authority or for any part of the local authority specified by the senior election official.  It may be done by door-to-door canvass, telephone, mail or any other means the senior election official determines.

Identification

32(3)       When conducting a door-to-door enumeration, an election official must wear identification supplied by the senior election official.

Right of entry

32(4)       When conducting a door-to-door enumeration, an election official must be given access to the entrance door of each residence in an apartment, condominium complex or other multiple-unit residence.

Time for entry may be set

32(5)       Where an election official is unable to gain access to a multiple-unit residence described in subsection (4), the senior election official may contact the landlord or manager of the residence to set a mutually agreeable time for the door-to-door enumeration to be conducted.  If a time cannot be agreed upon,

(a) the senior election official may inform the landlord or manager of the time when an election official will attend to conduct the enumeration; and

(b) at the time set under clause (a), the landlord or manager must ensure that the election official is given access to the multiple-unit residence.

ADDING NAMES TO VOTERS LIST AT THE TIME OF VOTING

Name added to voters list at time of voting

33(1)       An eligible voter whose name is not on the voters list is entitled to have his or her name added to the voters list at the time of voting if he or she

(a) attends a voting place where he or she is qualified to vote, during the hours it is open for voting;

(b) takes an oath that he or she is an eligible voter; and

(c) establishes his or her identity in accordance with section 7.

Non-resident voter

33(2)       A person applying to have his or her name added as a non-resident voter must also furnish proof that is satisfactory to the election official of the person's qualifications as a non-resident owner under section 22.

PERSONAL SECURITY PROTECTION

Personal security protection

34(1)       Despite any other provision of this Act, the name, address and all other information about a person must be omitted or obscured from the voters list 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.

How to file application

34(2)       An application may be filed with the senior election official in person or by mail or fax.

Application requirements

34(3)       The application must

(a) be made in writing to a senior election official at any time other than during the period when the voters list is closed to revision;

(b) set out the person's name and address; and

(c) include the documents referred to in section 7, or legible copies of them if the application is made by mail or fax.

Personal security certificate

34(4)        Upon receiving an application that meets the requirements of subsection (3), the senior election official must give the applicant a personal security certificate that includes an identification number to be used as a replacement, in all cases, for the person's name, address and signature under this Act.

Voters list requirements

34(5)       When a person is given a personal security certificate, the senior election official must determine whether the person's name appears on the voters list.  If so, the senior election official must obscure the person's name and address and add the person's identification number to the voters list.  If the person's name does not appear, the senior election official must add his or her identification number to the voters list.

Placement of identification number on voters list

34(6)       The identification number for a person with a personal security certificate must be placed at the end of the voters list.

Procedures for voting

34(7)       A person who is given a personal security certificate may vote only by sealed envelope ballot, as provided in section 100 (procedure for voting by sealed envelope).  When applying to vote, the person must give his or her personal security certificate to the senior election official.

Form of personal security certificate

34(8)       The senior election official may establish the form of the personal security certificate to be used under this section.

Powers of senior election official

35          The senior election official may take any steps he or she considers necessary to protect the personal security of applicants under section 34, including adapting the provisions of this Act.

PUBLIC NOTICE

Public notice — voters list and personal security

36          At least annually, the senior election official must give public notice, in accordance with section 4,

(a) that a person who wishes to have his or her name added to the voters list, or have any information about the voter on the voters list corrected, may do so by contacting the senior election official; and

(b) of the protections for personal security available under section 34.

VOTERS LIST GIVEN TO CANDIDATES

Candidates entitled to copy of voters list

37(1)       During the election period, the senior election official must give a candidate, on request, a copy of the voters list.  The senior election official may determine the form in which the list is given.

Use of voters list by candidates

37(2)       A candidate who receives a copy of the voters list may use the list for communicating with his or her electors during an election period, including using the list for soliciting contributions and campaigning.

Interpretation:  "election period"

37(3)       For the purposes of this section, the election period is

(a) the period that begins 42 days before election day and ends 90 days after election day, in a school division or a school district;

(a.1) the campaign period, as defined in subsection 93.1(1) of The Municipal Act, in a municipality other than The City of Winnipeg; or

(b) the campaign period as defined in subsection 31(1) of The City of Winnipeg Charter, in The City of Winnipeg.

S.M. 2009, c. 35, s. 30.

PART 4

NOMINATIONS

Who may be nominated

38          A person may be nominated as a candidate if he or she is, on election day,

(a) qualified to hold the office under the Act that creates it; and

(b) not ineligible under any Act or otherwise prohibited by law from being nominated for or holding the office.

Nomination period

39          For each election, the nomination period begins on the 42nd day before election day and ends on the 36th day before election day.

Only one office at a time

40(1)       A person may not at any one time

(a) hold more than one office on an elected authority; or

(b) be nominated for more than one office on an elected authority.

Current member must resign to run in by-election

40(2)       A person who holds office on an elected authority may not be nominated in a by-election to which this Act applies unless the member resigns his or her office at least 42 days before the election day for that by-election.

More than one by-election on same date

40(3)       Despite the provisions of this or any other Act, if an additional by-election is required because of a resignation under subsection (2), the senior election official may, in his or her discretion, do what is necessary to ensure that the additional by-election is held on the same day as the first by-election, including having the nomination period for the additional by-election

(a) begin less than 42 days before election day; and

(b) end less than seven days after it begins.

Notice of nominations

41(1)       At least seven but not more than 21 days before the nomination period begins, the senior election official must give public notice of nominations, in accordance with section 4.

Content of notice of nominations

41(2)       The notice of nominations must include the following information, but may also include any other information that the senior election official considers appropriate:

(a) the offices for which candidates are to be elected;

(b) the place or places where, and the dates and times during the nomination period when, nominations will be received;

(c) the manner in which nominations must be filed;

(d) how interested persons can obtain information about the requirements and procedures for making a nomination;

(e) any other information required to be included by a regulation made under subsection 152(1).

What nomination must include

42(1)       A nomination must include the following:

1.

A statement by the prospective candidate of

(a) his or her surname and usual name;

(b) his or her telephone number and residential address, and mailing address if it is different; and

(c) the office for which he or she seeks to be nominated.

2.

A statement under oath by the prospective candidate — either made in advance or administered by the senior election official at the time the nomination papers are filed — that he or she is qualified to be nominated for the office, and that to the best of his or her knowledge, the information provided in his or her nomination papers is true.

3.

The names, addresses and signatures of at least the number of voters as are required under subsection (2) who support the nomination.

4.

Any other statement or information required to be included by a regulation made under subsection 152(1).

Number of voters required

42(2)       The number of voters required to support a nomination is as follows:

(a) to become a candidate for a ward in a local authority, the lesser of

(i) 25 voters whose names appear on the voters list for the ward, or

(ii) 1% of the total number of voters whose names appear on the voters list for the ward, but at least two voters;

(b) to become a candidate for an office that is elected by all the eligible voters of a local authority, the lesser of

(i) 25 voters whose names appear on the voters list of the local authority, or

(ii) 1% of the total number of voters whose names appear on the voters list of the local authority, but at least two voters;

(c) despite clause (b), to become a candidate for the office of mayor of The City of Winnipeg, 250 voters whose names appear on the voters list of the city.

S.M. 2012, c. 25, s. 14.

How to file a nomination

43(1)       To make a nomination, the nomination papers described in section 42 must be filed with the senior election official

(a) before the end of the time for receiving nominations; and

(b) at the place;

that is specified in the notice of nominations under subsection 41(2).

Method of filing

43(2)       Nomination papers may be filed with the senior election official in person or by an agent or by mail or fax.

Candidate may be required to file in person

43(3)        Despite subsection (2), the senior election official may require the prospective candidates to file their nomination papers in person.  If the senior election official establishes such a requirement, the requirement must be included in the notice of nominations under subsection 41(2).

Obligation to ensure documents received

43(4)       The obligation to ensure that the nomination papers are received in accordance with this section rests with the person nominated.

Nomination papers available for inspection

44          The senior election official must ensure that nomination papers are made available for public inspection, during regular office hours, from the time they are received until they are disposed of, as provided for under section 149.

Verifying the nomination

45(1)       Upon receiving nomination papers, the senior election official must verify that they are complete and in accordance with this Act.

Nomination confirmed or refused

45(2)       As soon as possible after verifying the nomination papers, the senior election official must

(a) confirm to the prospective candidate that his or her nomination papers are complete and in accordance with this Act and have been accepted; or

(b) advise the candidate that his or her nomination papers have been refused and the reason for the refusal.

Candidate upon acceptance of nomination papers

45(3)       A person becomes a candidate upon the senior election official accepting his or her nomination papers.

Correcting or replacing nomination papers

45(4)       Nomination papers that are refused may be replaced or corrected if the new or corrected documents are filed in accordance with section 42 before the nomination period ends.

OFFICIAL AGENT

Official agent

46(1)       A candidate may appoint a person to act as his or her official agent.

Appointment

46(2)        An appointment of an official agent must

(a) be made in writing and be signed by the candidate making the appointment;

(b) include the name, address and telephone number of the person appointed;

(c) include a statement signed by the person consenting to the appointment; and

(d) be filed with the senior election official.

WITHDRAWALS

Withdrawing a nomination

47(1)       At any time up until 24 hours after the nomination period ends, a candidate may withdraw his or her nomination by filing a signed declaration to that effect with the senior election official.

Signature must be witnessed

47(2)       The candidate's signature on the withdrawal must be witnessed by another person, who must sign as witness.

Limitation on withdrawals

47(3)       A candidate may withdraw only if enough candidates remain to fill the offices to be elected.

ACCLAMATIONS OR ELECTIONS

Acclamation

48(1)       If, when the period for withdrawals expires, the number of nominated candidates for an office is the same as or less than the number to be elected, the senior election official must declare the candidate or candidates elected by acclamation.

Public notice of election

48(2)       If, when the period for withdrawals expires, the number of nominated candidates for an office is greater than the number to be elected, the senior election official must, as soon as is reasonably possible, give public notice in accordance with section 4 of the following:

(a) a description of each office to be filled at the election;

(b) the names of the candidates nominated for each office;

(c) the dates and times when voting places will be open for voting;

(d) unless section 67 applies, the location of all the voting places;

(e) information about the alternative voting opportunities available in the election, including the date, location and hours of advance voting required under section 89;

(f) that, before being allowed to vote, a person may be required to establish his or her identity, and the manner in which the person may do so under section 7;

(g) any other information about the election that the senior election official determines appropriate.

DEATH OF A CANDIDATE

Death of candidate

49          If a candidate named in the notice of election dies before the close of voting on election day, the candidate is deemed to have withdrawn and

(a) if no candidate would be elected by acclamation as a result of the death, the election must proceed as if the deceased candidate had not been nominated; or

(b) if the number of candidates remaining for the office is the same or less than the number to be elected, the senior election official must immediately declare the remaining candidate or candidates elected by acclamation.

ACCESS FOR CAMPAIGNING

Right of access

50(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 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-unit residence.

Exception when voting station in building

50(2)       If a voting station is located in an apartment, condominium complex or other multiple-unit residence, no person may canvass or distribute election materials in the building, complex or residence on election day or any day when advance voting may occur at the station.

Exception for shelters

50(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

50(4)       Canvassing and the distribution of election materials may only take place at a health care facility or remand facility at times and places mutually agreed to by the candidate and the administrator of the facility.

Access to communities for campaigning

50(5)       No person may interfere with, or prevent, anyone who produces identification or documentation confirming that he or she is a candidate or representative of a candidate in an election from canvassing or distributing election material in any community.

PART 5

PREPARING FOR AN ELECTION

VOTING STATIONS AND PLACES

Establishing voting stations

51(1)       The senior election official must establish a voting station for each voting subdivision.

Central voting place

51(2)       Two or more voting stations may be located together at a central voting place.

Location of voting places

51(3)       A voting place must be in a convenient location for a majority of the voters served by it and, for this purpose, it may be established outside the subdivision or the local authority.

Voting place must be accessible

51(4)       A voting place must be accessible to persons with physical disabilities, unless the senior election official is satisfied that it is impractical to obtain the use of such premises while complying with subsection (3).

Restrictions:  voting place

51(5)       A voting station must not be established

(a) in a space that is being used as a dwelling;

(b) in the part of a premises that is used as a licensed premises, as defined in The Liquor and Gaming Control Act; or

(c) in or on any premises in which a candidate has any estate or interest.

S.M. 2013, c. 51, Sch. B, s. 197.

New voting place

52(1)       Subject to section 102 (interrupted voting), if it becomes impossible or impractical to operate a voting station at a voting place, the senior election official must move the voting station to a new voting place located as close as possible to the old voting place.

Notice of change

52(2)       When a voting station is moved to a new voting place, the senior election official must notify

(a) the candidates of the change and the reason for it; and

(b) the public of the change by

(i) posting notice of the new location on the old voting place, or as close to it as possible, and

(ii) if time permits, giving notice of the change in any other manner that he or she considers appropriate.

Equipping voting stations

53          The senior election official must ensure that each voting station is provided with the following:

(a) a copy of the voters list, or the division of the voters list relevant to that voting station;

(b) a voting record;

(c) a ballot box;

(d) enough ballots;

(e) one or more voting compartments;

(f) directions about the manner of voting;

(g) any other items that the senior election official determines are necessary.

BALLOTS

Printing of ballots

54(1)       The senior election official must arrange for enough ballots to be prepared.

S.E.O. determines if separate or composite ballot

54(2)       The senior election official must determine which of the following will be used in an election:

(a) separate ballots for each office and for each question;

(b) composite ballots that combine the contents of two or more separate ballots described in clause (a).

Rules for ballots

55(1)       The following rules apply to ballots:

1.

Each candidate's name, as the candidate provided it on his or her nomination paper, must appear on the front of the ballot.

2.

No reference to a candidate's occupation, degree, title, honour or decoration may appear on the ballot.

3.

A space for marking the ballot must appear to the right of each candidate's name.  For a question, the ballot must have a space for marking the ballot to the right of each answer.

4.

Subject to subsection (4), all ballots for the same office or question must be identical or as nearly alike as possible.

Ordering of names

55(2)       The senior election official is to determine the order in which the candidates' names are listed on the ballot.  The order must be one of the following:

(a) an order determined by random lot;

(b) rotating order.

Random lot

55(3)       If the order of the names on the ballot is to be determined by random lot, the senior election official must

(a) notify all candidates of the date, time and place where the determination will be made;

(b) on that date and at that time and place, and in the presence of the candidates or their agents who attend, randomly draw the names of the candidates; and

(c) ensure that the first name drawn is the first name on the ballot, the second name drawn is the second, and so on until all candidates' names are placed on the ballot.

Rotating order

55(4)       If the order of the names on the ballot is to rotate, the senior election official must ensure that

(a) ballots are prepared in as many lots as there are candidates;

(b) in the first lot the names of the candidates appear in alphabetical order;

(c) in the second lot, the names appear in the same order, except that the first name in the first lot is placed last;

(d) in each succeeding lot, the order is the same as the preceding lot, except that the first name in the preceding lot is placed last; and

(e) the ballots to be used at each voting station are made up by combining ballots from the different lots in regular rotation so that

(i) no two consecutive voters receive ballots from the same lot, and

(ii) each candidate's name appears first and in each other position substantially the same number of times on the ballots used.

Variation does not invalidate election

55(5)       No variation in the lots or how they are combined and used in an election, as described in subsection (4), invalidates or affects that election.

Candidates with same name

55(6)       If two or more candidates have the same surname and usual name, the senior election official may, subject to the restrictions in Rule 2 of subsection (1), include on the ballot additional information to help the voters identify the candidates.

Form of composite ballot

55(7)       The form of a composite ballot must conform as closely as possible to the rules set out in this section.

New ballots if candidate dies

56(1)       If a candidate dies after the ballots are prepared, the senior election official must arrange for new ballots to be prepared that do not contain the name of that candidate.

Exception

56(2)       If there is no time to arrange for new ballots after the death of a candidate, the senior election official must ensure that written notice that the deceased person is no longer a candidate is posted in a conspicuous location at each affected voting station.

Record of ballots provided

57          The senior election official must keep a record of how many ballots are provided for use at each voting station.

OTHER EQUIPMENT AT VOTING STATIONS

Ballot boxes

58          A ballot box provided for use at a voting station must be constructed and secured so that ballots can be inserted into it but cannot be withdrawn without providing evidence of the box being opened or otherwise tampered with.

Voting compartment

59          Each voting station must have at least one voting compartment that is furnished so that voters can mark their ballots conveniently, without interference or interruption, and while screened from observation.

Voting directions

60          The senior election official must ensure that directions about the manner of voting are posted near the entrance to the voting place and at each voting compartment.

Voting record

61          A voting record provided for use at a voting station must be suitable to record the information prescribed in subsection 70(1).

VOTE-COUNTING MACHINES

Use of counting machines

62(1)       An elected authority may by by-law authorize the use of vote-counting machines.

Content of by-law — procedures, forms and testing

62(2)       A by-law authorized under this section must

(a)  establish procedures and forms — including the form of the ballot and procedures for voting and counting the vote — to be used in conjunction with the vote-counting machines;

(b) prescribe a testing procedure to be used to ensure the accuracy of each vote-counting machine;

(c) require that, within a reasonable time before use, each vote-counting machine is tested in accordance with the procedure prescribed under clause (b); and

(d)  require that evidence of the testing procedure being followed be made available to each candidate who requests it.

By-law may be inconsistent with the Act

62(3)       Subject to subsection (4), the provisions of a by-law authorized under this section may be inconsistent with the following provisions of this Act, and to the extent that they are inconsistent, the provisions of the by-law prevail:

(a) section 80, the steps for voting at a voting station on election day;

(b) subsection 85(1), moving a ballot box outside a voting station or place;

(c) Step 2 of section 100, marking a ballot;

(d) section 106, organizing ballots;

(e) section 108, that after counting, the ballot box be used to secure election materials;

(f) subsection 116(1), that ballot boxes be received before the senior election official does the official tally of the votes.

By-law must follow Act

62(4)       The provisions of the by-law must as nearly as possible follow the provisions of this Act.

Use of vote-counting machines

62(5)       For certainty, where vote counting machines are used,

(a) not every voting station must be equipped with a vote-counting machine, but

(i) every ballot marked by a voter must be placed in either a vote-counting machine or a ballot box, and

(ii) a vote-counting machine must be used to count the ballots that are placed in every ballot box;

(b) when a voting official is outside a voting station or place under subsection 85(1), subsection 85(3) applies in respect of a vote-counting machine;

(c) a vote-counting machine returning a marked ballot, or providing any indication that a ballot is not marked correctly, does not violate the secrecy of voting as required under this Act;

(d) subject to subsection (3), the provisions of this Act that apply to a ballot box apply to a vote-counting machine used in place of a ballot box;

(e) a statement produced by a vote-counting machine may form all or part of the statement of the vote required under section 107; and

(f) in the statement of official results, the number of declined ballots may be combined with, and reported as, rejected ballots.

Application of by-law

63          A by-law authorized under section 62 applies to all elections or questions in the local authority for which election day is more than 180 days after the by-law is passed.

Regulation re vote-counting machines

64          The Lieutenant Governor in Council may prescribe additional provisions of this Act to which subsection 62(3) applies.

PART 6

VOTING

DIVISION 1

GENERAL

Rights of a voter

65          Every eligible voter is entitled to

(a) vote in secret;

(b) vote without inducement, interference or coercion from anyone else;

(c) be free from any attempt or inducement, whether direct or indirect, by anyone to show the voter's marked ballot in any manner that would reveal how he or she voted; and

(d) not have any information about how he or she voted disclosed or compelled for any reason or in any proceeding.

May only vote once

66(1)       A voter may not vote more than once in the same election.

Voting for a candidate

66(2)       A voter may vote only once for each candidate that he or she chooses to vote for.  The voter must not vote for more candidates than the number to be elected.

One vote on a question

66(3)       For a vote on a question, a voter may vote for only one answer.

DIVISION 2

REGULAR VOTING

NOTICE OF WHERE TO VOTE

Notice in Winnipeg and other prescribed authorities

67(1)       The senior election official of the following local authorities must ensure that a notice of where the voter is to vote on election day is mailed or distributed to each eligible voter on the voters list of the local authority:

(a) The City of Winnipeg;

(b) a school division within the City of Winnipeg;

(c) a local authority prescribed by regulation.

School divisions partially in Winnipeg

67(2)       For a school division that is partially within the City of Winnipeg, subsection (1) applies only to the part of the division within the city.

OPERATION OF VOTING PLACES AND STATIONS

Who may be present at voting station

68          During voting, the following persons may be present at a voting station:

(a) the voting official and any other election official appointed for that voting station;

(b) a voter, for the purpose of voting;

(c) an interpreter, if required;

(d) a candidate;

(e) not more than two scrutineers

(i) appointed by each candidate, and

(ii) for each question;

(f) any other person allowed to be present by the senior election official.

Preparation of ballot box

69(1)       Immediately before a voting station opens, the voting official must demonstrate to all persons present that the ballot box to be used is empty, and secure it so that it cannot be opened without providing evidence of its being opened or otherwise tampered with.

Location of ballot box

69(2)       Subject to section 85 (moving ballot box), while the voting station is open and during the count, the voting official must ensure that the ballot box remains in full view of persons at the voting station.

Voting record

70(1)       The voting official must keep the voting record at the voting station and ensure that it is used to record the name and address of each person who is given a ballot.  Any of the following that apply must be recorded beside the person's name:

(a) if the person is required to take an oath, whether the oath is required to be taken

(i) under subsection 76(1), because the person seeks to have his or her name added to the voters list,

(ii) under subsection 77(1), because the records at the voting station show that someone using the person's name has already voted,

(iii) under subsection 77(2), because the records at the voting station show that a sealed envelope ballot package was provided to the person, or

(iv) under section 79, because the person's right to vote is challenged;

(b) if the persons's right to vote is challenged, who made that challenge and the reason for it;

(c) if the voter was required to establish his or her identity under clause 75(1)(a);

(d) if separate ballots are used, which ballots the person is given;

(e) if the person votes with the assistance of a person other than an election official as provided for under clause 83(2)(b), the name of the person who provided assistance;

(f) if the person votes with the assistance of an interpreter who is not an election official as provided for under section 84, the name of the interpreter;

(g) if the person refuses to take an oath required under this Act;

(h) if the person removes a ballot from a voting place.

Voting record — record of scrutineers

70(2)       The voting official must record in the voting record the name of each person — including the name of each candidate — who acts as a scrutineer at the voting station.

When person deemed to have voted

70(3)       A person is deemed to have voted when he or she is given a ballot.

SCRUTINEERS

Scrutineers

71(1)       In order to act as a scrutineer, a person must

(a) be at least 18 years old;

(b) be a candidate, an official agent or a person appointed, in a form approved by the senior election official, by a candidate or a candidate's official agent; and

(c) take an oath that he or she will

(i) uphold the rights of voters under section 65, and

(ii) preserve the secrecy of the vote in accordance with section 87.

Scrutineers — vote on a question

71(2)       A senior election official may appoint a person to act as a scrutineer for a vote on a question if the person

(a) is at least 18 years old;

(b) applies to the senior election official; and

(c) takes an oath that he or she will

(i) uphold the rights of voters under section 65, and

(ii) preserve the secrecy of the vote in accordance with section 87.

S.E.O. may designate a representative scrutineer

71(3)       If more than two scrutineers are appointed for a vote on a question, the senior election official may designate one or more of them as representative scrutineers.

Scrutineer must show appointment

71(4)       Before acting as a scrutineer, the person must show his or her appointment to the voting official.

What a scrutineer can do

71(5)       A scrutineer may

(a) enter the voting place 15 minutes before it opens and inspect the ballot box, the ballots and the other election materials to be used at the voting station; and

(b) be present during voting and, from time to time, examine the voting record for a voting station, but only if he or she does not interfere with the activities of the election officials at the voting station.

POLITICAL ACTIVITIES AT VOTING PLACES

No display of election material in voting place

72(1)       No person may, within 50 metres of a voting place,

(a) distribute pamphlets, buttons or other items referring to the election or a candidate or a vote on a question;

(b) wear or display any item that refers to the election or a candidate or a vote on a question; or

(c) post or display a sign or poster referring to the election or a candidate or a vote on a question.

Voting place in mall

72(2)       If a voting place is located in a mall, office or other building with multiple units, the voting place is deemed to be the unit in which the voting station is located.

Order to remove sign

72(3)       If a sign or poster is in contravention of clause (1)(c), an election official at the voting place involved may remove it or 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

72(4)       Upon receiving an order under subsection (3), the individual or organization must ensure that the sign or poster is removed or obscured without delay.

Exception for notices under Act

72(5)       Subsection (1) does not apply to

(a) a sign or notice that is posted under this Act; or

(b) anything used to identify an election official.

Exception for scrutineers

72(6)       Despite clause (1)(b), a scrutineer may wear a badge or ribbon that does not show the name or initials of the candidate or indicate an answer to a question, but which by colour alone indicates the candidate or answer for whom he or she acts as a scrutineer.

VOTING AT VOTING STATIONS ON ELECTION DAY

Voting hours

73          On election day, every voting place must open at 8:00 a.m. and close at 8:00 p.m.

Voting at a voting station

74          On election day, an eligible voter who wishes to vote must attend the voting station for his or her voting subdivision and give his or her name to an election official.

Eligible voter whose name is on voters list

75(1)       An eligible voter whose name is on the voters list may vote if he or she

(a) establishes his or her identity, if required to do so by the voting official under subsection (2); and

(b) complies with subsection 79(5) (what challenged person must do to vote), if his or her right to vote is challenged.

Voting official may require identification

75(2)       Before giving a ballot to an eligible voter whose name is on the voters list, a voting official may require the voter to establish his or her identity in accordance with section 7 (establishing identity).

Eligible voter whose name is not on voters list

76(1)       An eligible voter whose name is not on the voters list may vote if he or she complies with

(a) section 33 (name added to voters list at time of voting); and

(b) subsection 79(5) (what challenged person must do to vote), if his or her right to vote is challenged.

Eligible voter must be added to voters list

76(2)       The voting official must add to the voters list the name of an eligible voter who complies with the requirements of section 33.

When records show voter already voted

77(1)       An eligible voter who is shown on the voters list as already having voted may vote if

(a) the voter

(i) establishes his or her identity in accordance with section 7, and

(ii) takes an oath that he or she is an eligible voter who has not previously voted in the election or on a question; and

(b) the voting official is satisfied that the person is entitled to vote, based on the documents provided and the oath.

When records show sealed envelope ballot package provided

77(2)       An eligible voter who is shown on the voters list as having been provided a sealed envelope ballot package may vote if

(a) the voter

(i) establishes his or her identity in accordance with section 7, and

(ii) takes an oath that he or she is an eligible voter who did not receive a sealed envelope ballot package and has not previously voted in the election or on the question; and

(b) the voting official is satisfied that the person is entitled to vote, based on the documents provided and the oath.

Indication of voting made on voters list

78          In addition to making the entries in the voting record required under subsection 70(1), the voting official must ensure that the voters list used at the voting station indicates that a voter has voted.

CHALLENGING A VOTER

Who may challenge

79(1)       An election official or a scrutineer may challenge a person wishing to vote if he or she believes that the person

(a) is not an eligible voter; or

(b) has already voted in the election or on the question.

Reason for challenge

79(2)       The person making the challenge must state the reason for it.  The voting official must ensure that the name of the person making the challenge and the reason are recorded in the voting record beside the name of the voter.

Failure to give reason

79(3)       If no reason for the challenge is given, the voter who has been challenged may proceed to vote as if no challenge had been made.

Deadline for challenges

79(4)       A challenge must be made before the voter is given a ballot.

What challenged person must do to vote

79(5)       In order to vote, a voter who has been challenged must

(a) take an oath that he or she is an eligible voter who has not otherwise voted in the election or on the question; and

(b) if he or she has not already done so, establish his or her identity in accordance with section 7.

Other inquires prohibited

79(6)       The challenged person must not be asked any questions except about his or her identity, eligibility to vote and whether or not he or she has already voted in the election or on the question, and no further challenge may be made once a person has complied with subsection (5).

Refusing or failing to comply before ballot received

79(7)       If a voter who has been challenged refuses or fails to comply with subsection (5), the voting official must ensure that the voter is not given a ballot.

VOTING

Voting

80          The following steps must be taken when a person is voting at a voting station on election day:

STEP 1: Voter to be given a ballot

The voting official 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's handling of 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 beside the name of each candidate he or she wishes to vote for;

(b) in the case of a vote on a question, by placing an "X" in the space beside the answer he or she wishes to vote for; or

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

STEP 3: Ballot returned to election official

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

STEP 4: Election official's handling of marked ballot

Without unfolding the ballot, the voting official must

(a) confirm that it is the same ballot that was provided to the voter by examining his or her initials; and

(b) ensure that the ballot is put into the ballot box in full view of those present at the voting station.

Voter to leave after voting

81          A voter must leave the voting place without delay after his or her ballot is put in the ballot box.

SPECIAL VOTING SITUATIONS

Voting with template

82(1)       A voter with a visual impairment or difficulty reading may vote using a template.

Assistance with template

82(2)       When a voter uses a template to vote, the voting official must

(a) explain to the voter how to vote using the template; and

(b) if requested, assist the voter in getting to and from the voting compartment, but must leave the voting compartment while the voter marks his or her ballot.

Voter requiring assistance of another person

83(1)       A voter with a physical disability or who has difficulty reading may ask the voting official to allow another person to come with the voter to the voting compartment and help mark his or her ballot.

Who may assist voter

83(2)       A voter may be assisted by

(a) an election official; or

(b) any other person who is at least 18 years old and who takes an oath that he or she

(i) will comply with the obligations set out in subsection (4), and

(ii) has not assisted more than one other voter in voting at the election or on a question.

Limit on assistance

83(3)       Except for an election official, no person may assist more than two voters.

Assistant's obligations

83(4)       A person assisting a voter must

(a) not influence or attempt to influence how the voter votes;

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

(c) not disclose how the voter voted.

Interpreter

84(1)       A senior election official may appoint a language or sign language interpreter to assist election officials in communicating to a voter any information that is necessary to enable the voter to vote.

Election official may act as interpreter

84(2)       An election official may act as an interpreter.

Oath

84(3)       Before acting as an interpreter, a person who is not otherwise an election official must take an oath that he or she

(a) is able to make the translation and will do so to the best of his or her abilities; and

(b) will not attempt to influence how the voter votes.

Moving ballot box

85(1)       If a voter cannot get into a voting station or place because of a disability, the voting official may take the ballot box and voting materials outside the voting station or place to allow the person to vote.

Privacy

85(2)       The voting official must take all practical steps to ensure that a person voting outside the voting station or place may mark his or her ballot in secret and without interference or interruption.

Securing materials

85(3)       The voting official must ensure that any voting material not taken outside the voting station or place under subsection (1) are secured until he or she returns.

Scrutineers may be present

85(4)       Persons acting as scrutineers who are present may accompany the voting official when he or she leaves the voting station under subsection (1).

Spoiled ballot

86(1)       A voter who unintentionally spoils a ballot may fold it and return it to the voting official and exchange it for a new ballot.

Treatment of spoiled ballot

86(2)       Without unfolding the returned ballot, the voting official must write "Spoiled" on the back of the ballot and ensure that it is placed in the spoiled ballot package prepared under subsection 106(2) (organizing the ballots).

SECRECY

Secrecy of voting

87(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

87(2)       Except as provided in this Part, 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

87(3)       Except as provided in this Part, a person must not enter a voting compartment while a voter is in the compartment or attempt in any way to observe how a person marks his or her ballot.

No requirement to disclose vote

88          In any legal proceeding,

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

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

DIVISION 3

ALTERNATIVE VOTING OPPORTUNITIES

ADVANCE VOTING

Required advance voting opportunity

89          The senior election official must

(a) establish a date and location for an advance voting opportunity for an election or vote on a question; and

(b) ensure that, on the date and at the location established, a voting station is open between the hours of 8:00 a.m. and 8:00 p.m. for voters to vote in advance.

Additional advance voting opportunities

90(1)       The senior election official may

(a) establish additional advance voting opportunities, including mobile advance voting opportunities; and

(b) determine the days and hours during which voting stations for those additional opportunities are to be open, which may be different for different opportunities.

Notice of additional advance voting opportunities

90(2)       The senior election official must give notice, in a form and manner and at a time that he or she considers appropriate, of the additional advance voting opportunities established under this section.

When advance voting may occur

91(1)       Advance voting under sections 89 and 90 may begin at any time after the ballots to be used for an election or vote on a question are prepared and must end at least 48 hours before election day.

Voting record may contain voters list

91(2)       The senior election official may choose to equip an advance voting station with a voting record that contains within it the information from the voters list, in which case a separate copy of the voters list is not required.

Record returned to senior election official

91(3)       At the end of each day of advance voting, the voting official responsible must provide a record of eligible voters who voted to the senior election official.

Voters list to indicate who voted in advance

91(4)       The senior election official must ensure that the voters list to be used on election day indicates which voters voted in advance.

Securing ballot box between uses

92(1)       At the end of each use of a ballot box at an advance voting opportunity the ballot box must be secured so that no ballots can be inserted into it without providing evidence of it being opened or otherwise tampered with. Once secured, the ballot box may only be opened — and then only to the extent necessary to allow ballots to be inserted — at the beginning of its next use at an advance voting station.

Securing ballot box and voting materials

92(2)       The voting official responsible for an advance voting station must ensure that the ballot box and the other voting materials for that station remain secure until they are delivered to the senior election official, as required under section 108.

Conduct of advance voting generally

93          Except as provided in sections 89 to 92, advance voting must be conducted in the same manner as voting at a regular voting station on election day.

MOBILE VOTING STATIONS

Mobile voting stations — health care facilities

94(1)       Except where a voting station has otherwise been established at a health care facility, on election day the senior election official must establish a mobile voting station to serve eligible voters who are patients or residents of a health care facility within the local authority.

Other mobile voting stations

94(2)       The senior election official may establish one or more mobile voting stations to serve eligible voters of the local authority who are

(a) detained in a remand facility; or

(b) so geographically dispersed within a part of the local authority that it is not convenient for them to go to a voting station at a fixed location.

Mobile voting station may move

94(3)       A mobile voting station may serve more than one facility in the local authority and may move within a facility.

Duty of administrator

94(4)       The administrator of a health care facility or remand facility must provide a suitable place in the facility for the mobile voting station to operate.

Voters list not required at mobile voting station

94(5)       The senior election official may choose not to equip a mobile voting station with a copy of the voters list if, in his or her opinion, it is impractical to do so.

Hours of operation

94(6)       Despite section 73, a mobile voting station may be open on election day during any of the hours between 8:00 a.m. and 8:00 p.m. specified by the senior election official.

Notice

94(7)       The senior election official must give notice, in a form and manner and at a time that he or she considers appropriate, of the operation of a mobile voting station on election day.

Securing ballot box and election materials

94(8)       Section 92 applies with necessary changes to a ballot box and the other voting materials used at a mobile voting station.

Voting at mobile voting stations

94(9)       Except as provided in this section, voting at a mobile voting station must be conducted in the same manner as voting at a regular voting station.

VOTING BY SEALED ENVELOPE

Eligibility to vote by sealed envelope ballot

95(1)       A voter is eligible to vote by sealed envelope ballot if he or she

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

(b) is providing care to a person who is unable to leave home; or

(c) expects, on election day and the day or days of advance voting, to be

(i) absent from his or her local authority, or

(ii) in a location significantly distant from the voting place where he or she is eligible to vote that it is not reasonably possible for him or her to vote at that place.

How to file application

95(2)       An application may be filed with the senior election official in person or by mail or fax.

When application may be made

95(3)       If the application is made

(a) in person, it must be made during the period that begins on the 28th day before election day and ends on the third day before election day; or

(b) by mail or fax, it must be made during the period that begins

(i) 90 days before election day, for a general election, and

(ii) 45 days before election day, for a by-election;

and ends on the third day before election day.

When application made in person

96(1)       If a voter applies in person, the senior election official must determine if the voter's name is on the voters list.  If it is not, as part of the application, the voter must

(a) take an oath that he or she is an eligible voter; and

(b) establish his or her identity in accordance with section 7.

Declaration of eligibility, identity and oath

96(2)       Before giving a voter who applies in person a sealed envelope ballot package, the senior election official

(a) must require the voter to sign a declaration that he or she is eligible under subsection 95(1) to vote by sealed envelope ballot; and

(b) may require the voter

(i) if he or she has not already done so, to establish his or her identity in accordance with section 7, and

(ii) to take an oath that he or she is an eligible voter who has not otherwise voted or received a sealed envelope ballot package in the election or on the question.

When application made in writing

97(1)       If a voter applies by mail or fax to vote by sealed envelope ballot, the application must

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

(b) include copies of the documents referred to in section 7 (establishing identity); and

(c) include a declaration signed by the voter that he or she

(i) is an eligible voter in the election or on the question,

(ii) is eligible under subsection 95(1) to vote by sealed envelope ballot, and

(iii) has not otherwise already voted in the election or on the question.

Name of eligible voter added if not already on list

97(2)       The senior election official must add to the voters list the name of a person not already on the list who applies under subsection (1) if the senior election official is satisfied that the person is an eligible voter who has met the requirements of subsection (1).

Sealed envelope ballot package mailed or delivered

97(3)       If an eligible voter applies under subsection (1)

(a) 12 or more days before election day, the senior election official must deliver the sealed envelope ballot package to the voter by ordinary mail; and

(b) less than 12 days before election day, the voter may make alternative arrangements to have the package delivered to him or her, provided those arrangements are satisfactory to the senior election official.

Family member may be designated to deliver

97(4)       Under clause (3)(b), a voter may designate in writing a relative, spouse or common-law partner to deliver the sealed envelope ballot package to him or her, in which case, before giving the package, the senior election official may require the person designated to

(a) establish his or her identity in accordance with section 7; and

(b) take an oath as to his or her relationship with the voter.

Actions by election official

97(5)        A senior election official may take any additional actions he or she determines necessary to satisfy himself or herself that the voter wishes the relative, spouse or common-law partner to be responsible for delivering the sealed envelope ballot package to the voter.

Contents of sealed envelope ballot package

98          A sealed envelope ballot package must contain

(a) instructions on how to vote by sealed envelope;

(b) a ballot initialled by the voting official;

(c) a ballot envelope;

(d) a certificate envelope; and

(e) an outer envelope with the return address specified by the senior election official printed on it.

Record of voting by sealed envelope ballot

99          When a sealed envelope ballot package has been provided to a voter, the senior election officer must

(a) enter the voter's name and address in a separate voting record maintained for voters who vote by sealed envelope ballot; and

(b) ensure that the voters list to be used on election day indicates which voters have been provided a sealed envelope ballot package.

Procedure for voting by sealed envelope ballot

100         To vote by sealed envelope ballot, a voter must take the following steps:

STEP 1: Complete certificate envelope

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

STEP 2: Mark ballot

Mark the ballot by

(a) placing an "X" in the space beside the name of each candidate he or she wishes to vote for;

(b) in the case of a vote on a question, placing an "X" in the space beside the answer he or she wishes to vote for; or

(c) writing "declined" anywhere on the front of the ballot.

STEP 3: Put into envelopes provided

Put the ballot in the ballot envelope and seal it.

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

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

STEP 4: Deliver package to S.E.O.

Ensure that the outer envelope and its contents are received by the senior election official before 8:00 p.m. on election day.

Treatment of sealed envelope ballots

101(1)      Upon receiving a sealed envelope ballot package from a voter, the senior election official must

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

(b) make an entry beside the voter's name in the voting record maintained for voters who vote by sealed envelope ballot indicating that the voter's ballot was returned.

Certificate envelopes to be placed into ballot box

101(2)      If the certificate has been completed properly, the senior election official must remove the ballot envelope from the certificate envelope and insert it, unopened, into a ballot box set aside for sealed envelope voting.

Rejected sealed envelope ballot

101(3)      The senior election official must write "rejected" on the back of the certificate envelope and ensure that it is placed in the rejected ballot package prepared under subsection 106(2) (organizing the ballots) if

(a) the certificate has not been completed properly; or

(b) the sealed envelope ballot is received by the senior election official after 8:00 p.m. on election day.

DIVISION 4

INTERRUPTED VOTING

S.E.O. may declare voting to be interrupted

102(1)      The senior election official may declare voting at a voting station to be interrupted if he or she is satisfied that, due to an emergency or other unexpected circumstances, voters are unable to vote because

(a) the voting station is unable to remain open and accessible to voters during regular voting hours on election day; and

(b) it is not reasonably possible to move the voting station to a new voting place, as provided for in section 52.

Voting station reopened for equivalent period

102(2)      If voting at a voting station is declared interrupted, the senior election official must ensure that the station is reopened at the same or another location, in the seven days following election day, for a period equivalent to the period of the interruption.  The period of reopening is not required to be at the same time of the day as the interruption, but it must be as continuous as reasonably possible between the hours of 8:00 a.m. and 8:00 p.m.

Notice of reopening to candidates and voters

102(3)      The senior election official must give notice to the candidates and the voters served by the voting station, in the manner he or she considers appropriate in the circumstances,

(a) of the hours the voting station will be reopened for voting; and

(b) if the voting station is moved, the location of the new voting place.

No review or setting aside

102(4)      If made or done in good faith, the decision or action of a senior election official under this section may not be reviewed or set aside by a court on account of unreasonableness or supposed unreasonableness.

PART 7

COUNTS AND RECOUNTS

DIVISION 1

THE COUNT

CLOSING THE VOTING PLACE

Voting stations close at 8:00 p.m.

103         At 8:00 p.m. on election day, the voting official must close the voting station.  However, any eligible voter who is in attendance at the voting station or place for the purpose of voting at that time must be allowed to vote.

COUNTING BALLOTS ON ELECTION DAY

Election official to count the vote

104(1)      Immediately after closing the voting place, the voting official, with the assistance of at least one other election official, must count the vote in full view of the persons described in section 68 who are present, except a voter or an interpreter.

What is to be done in doing the count

104(2)      The count consists of:

(a) preparing a ballot account;

(b) counting and organizing the ballots;

(c) completing a statement of the vote; and

(d) securing the ballots and other election materials and delivering them to the senior election official.

Ballot account

105(1)      To determine whether all ballots supplied for use at the voting station are accounted for, the voting official must determine the following numbers and enter them in the ballot account form supplied by the senior election official:

(a) the number of voters who appear to have voted at the voting station according to the voting record;

(b) the number of spoiled ballots;

(c) the number of unused ballots.

Ballot account to be attached in voting record

105(2)      The voting official must ensure that the completed ballot account is attached to the voting record.

Rules for counting ballots

106(1)      The voting official must count the ballots according to the following rules:

RULE 1:  Count must be open and visible

Every ballot taken from a ballot box must be examined by the voting official and shown to each person present.

RULE 2:  Ballots that must be counted

A ballot must be counted if it is marked in an acceptable manner and the voting official is satisfied that it is a ballot that he or she gave to a voter.

A ballot is marked in an acceptable manner if it is marked with

(a) an "X", as described in Step 2 of section 80; or

(b) any other mark that

(i) clearly indicates an intention to vote for a candidate or an answer to a question, and

(ii) does not identify the voter.

RULE 3:  Ballots that must be rejected

A ballot must be rejected if it is not marked in an acceptable manner or the voting official is not satisfied that it is a ballot that he or she gave to a voter.

A ballot is not marked in an acceptable manner if

(a) it is marked in such a way that the voter could be identified;

(b) regardless of any other markings, "declined" has been written on it; or

(c) more votes are cast on it than the voter is entitled to cast.

However, no ballot is to be rejected merely because

(a) the "X" or other acceptable mark is not inside the space to the right of a candidate's name or an answer; or

(b) the voter has marked the ballot with something other than what was provided for marking ballots in the voting compartment.

RULE 4:  Objections

Every objection raised by a candidate or scrutineer present about a ballot being accepted or rejected must be considered.

Having considered an objection, the voting official must

(a) make a decision on the objection without delay; and

(b) record the objection in the voting record, number the objection in sequence, and mark the corresponding number on the back of the ballot and initial it.

RULE 5:  Reconciliation

A ballot that is not initialled on the back may be accepted if the voting official is otherwise satisfied it is a ballot he or she gave to a voter.

However, if the number of ballots taken from the ballot box is greater than the number of voters who voted according to the voting record, the voting official must discard — and mark "discarded" on the back of — every ballot that does not have his or her initials on its back.

Organizing the ballots

106(2)      The voting official must ensure that the ballots are organized into the following packages, and that each package is clearly marked as to its contents:

(a) the accepted ballots;

(b) the accepted ballots that were objected to;

(c) the rejected ballots;

(d) the rejected ballots that were objected to;

(e) the spoiled ballots;

(f) the declined ballots;

(g) the discarded ballots;

(h) the unused ballots.

S.M. 2012, c. 25, s. 14.

Completing a statement of the vote

107(1)      The voting official must complete a statement of the vote setting out the following:

(a) the name of the local authority and the name or number of the voting place and voting station;

(b) the date of election day and the office or offices to be filled and the questions voted on;

(c) the name of each candidate and the number of votes for each;

(d) the number of votes for each answer to each question;

(e) the number of ballots supplied;

(f) the number of ballots in each of the separate packages set out in subsection 106(2).

Statement to be signed

107(2)      The voting official and at least one other election official must sign the statement of the vote.  Any candidate or scrutineer present may also sign it.

Securing and delivering election materials

108         As soon as reasonably possible after completing the count, the voting official must

(a) ensure that the following are placed in the ballot box and that the box is secured:

(i) all the ballots, packaged as required under subsection 106(2),

(ii) the voters list,

(iii) a copy of the statement of the vote, and

(iv) all documents used at the election or for the vote on a question, except the voting record and the original of the statement of the vote; and

(b) deliver the ballot box, the original of the statement of the vote and the voting record to the senior election official or the person designated by the senior election official.

If composite ballots used

109         If a composite ballot has been used,

(a) in applying the rules in subsection 106(1),

(i) each portion of the ballot that deals with an office or a vote on a question is to be considered a separate ballot, and

(ii) the reference to counting a ballot in Rule 2 is to be read as a reference to counting the votes on a ballot; and

(b) in organizing the ballots under subsection 106(2), the following packages of ballots must be prepared and the contents clearly marked:

(i) ballots that were accepted in part, without objection,

(ii) ballots that were accepted in part, subject to an objection.

COUNTING ADVANCE, MOBILE AND SEALED ENVELOPE BALLOTS

Counting the advance vote

110         At 8:00 p.m. on election day, the voting official for an advance voting station, with the assistance of at least one other election official, must count the vote and deliver the ballot box and statement of the vote in accordance with sections 105 to 109.

Counting the mobile vote

111         At 8:00 p.m. on election day, the voting official of a mobile voting station must, with the assistance of at least one other election official, count the vote and deliver the ballot box and statement of the vote in accordance with sections 105 to 109.

Counting the sealed envelope vote

112(1)      At 8:00 p.m. on election day, the senior election official or voting official responsible for counting the sealed envelope ballots must, with the assistance of at least one other election official,

(a) open the ballot box used for voting by sealed envelope ballot;

(b) remove the ballots from the ballot envelopes; and

(c) count the vote and prepare the statement of the vote in accordance with sections 105 to 109.

Power to adapt certain provisions

112(2)      Subject to maintaining the secrecy of the vote, a senior election official may adapt the provisions of section 101 and subsection (1) for one or both of the following purposes:

(a)  in order to ensure that sealed envelope ballots are counted in a timely fashion;

(b)  in order to facilitate sealed envelope ballots being counted by vote-counting machine.

Notice of where count will be conducted

113         The senior election official must give the candidates and, if applicable, the representative scrutineers appointed under subsection 71(3) prior notice of the place where the advance, mobile and sealed envelope ballots will be counted, if the count is to take place other than at the official's office.

Certain ballots may be combined before counting

114(1)      For the purpose of preserving the secrecy of the ballot, the senior election official may require the ballots in some or all of the ballot boxes used for advance, mobile and sealed envelope voting to be combined into one ballot box before they are counted.

S.E.O. must designate voting official to count

114(2)      If ballots are combined under subsection (1), the senior election official must designate the voting official responsible for conducting the count of those ballots.

Responsibilities of designated voting official

114(3)      The voting official designated must

(a) count the ballots in accordance with sections 105 to 109 and, if it applies, section 112; and

(b) list the number of ballots that were added to the ballot box in the statement of the vote prepared for that box.

DIVISION 2

DETERMINING AND DECLARING RESULTS

Preliminary results may be announced

115         The senior election official may, by using the information contained in the copies of the statement of votes delivered to him or her, tally the votes received

(a) by each candidate in the election; and

(b) for each answer for a vote on a question;

and announce the preliminary results to those present.

Votes must be officially tallied

116(1)      As soon as possible after the ballot boxes and statements of votes are received, the senior election official must do an official tally of the votes.

Persons who may attend official tally

116(2)      The senior election official must give the candidates and, if applicable, the representative scrutineers, prior notice of the time and place of the official tally, and must conduct it in the presence of

(a) at least one other election official; and

(b) the following who choose to attend:

(i) the candidates,

(ii) for each candidate, not more than one scrutineer for that candidate,

(iii) for a vote on a question, each of the representative scrutineers designated under subsection 71(3).

Examination of documents and materials

116(3)      The senior election official may open a ballot box and examine any of the documents in it, including the ballots, if he or she considers it necessary in order to

(a) confirm or interpret the information on a statement of the vote; or

(b) settle a dispute between a voting official and a candidate about the content of a statement of the vote;

but the senior election official may not change a decision made by a voting official to accept or reject a ballot.

Statement of vote to be corrected

116(4)      If, under subsection (3), a statement of the vote for a voting station is found to be inaccurate, the senior election official must amend it or prepare a new statement of the vote for that voting station.

Statement of official results

116(5)      Using the statement of the votes, including those amended or prepared under subsection (4), the senior election official must prepare a statement of official results that sets out

(a) for each office to be filled,

(i) the votes counted for each candidate at each voting station,

(ii) the total number of votes counted for each candidate, and

(iii) the number of ballots rejected or declined in the election; and

(b) for each vote on a question,

(i) the votes counted for each answer to a question at each voting station,

(ii) the total number of votes counted for each answer to a question, and

(iii) the number of ballots rejected or declined for the vote on a question.

Return election material to ballot box

116(6)      If a ballot box or a ballot package is opened for the purposes of this section, the senior election official must ensure that the contents of that box or package are replaced and the box is again secured.

S.E.O. to declare results

117(1)      After the statement of the official results is prepared, the senior election official must declare

(a) for an elected office

(i) the candidate or candidates, as the case may be, who received the highest number of votes to be elected, or

(ii) a tie, if two or more candidates cannot be declared elected because the same number of votes were cast for each; and

(b) the result of a vote on a question, including that the result is a tie if both answers to a question received the same number of votes.

Official results to be available to the public

117(2)      Upon declaring the results of an election or vote on a question, the senior election official must make a copy of the official results publically available.

If tie for an office

118         If two or more candidates for an office cannot be declared elected to an office because each has received the same number of votes, the senior election officer must, except when a judicial recount is applied for under Division 3,

(a) declare the office vacant; and

(b) proceed to hold a by-election to fill that office.

Postponing the declaration

119(1)      The senior election official must postpone declaring the results of an election or vote on a question if

(a) voting has been declared interrupted under subsection 102(1);

(b) one or more ballot boxes has not been returned; or

(c) the senior election official is for any other reason unable to determine the number of votes cast for each candidate or each question.

Period of postponement

119(2)      The declaration may be postponed for not more than seven days.

New election or vote if voting remains interrupted

119(3)      If a voting station is unable to reopen as required in subsection 102(2), the senior election official must declare the election or vote on a question to be invalid, and proceed to hold a new election or vote on a question.

If reason for delay not resolved

119(4)      If the reason the declaration has been postponed — as set out in clauses (1)(b) and (c) — is still not resolved eight days after election day, the senior election official must nevertheless prepare a statement of official results based on the information available at that time, and declare the results of the election or vote on a question.

Missing ballots may not be considered

119(5)      In preparing a statement of official results in the circumstance mentioned in subsection (4), the senior election official must not consider any missing ballots unless he or she has the statement of the vote of the voting station signed by the voting official.  In that case, the senior election official must use the counts set out in that statement to determine the number of votes cast for each candidate or for each answer.

DIVISION 3

JUDICIAL RECOUNT

Application by S.E.O.

120(1)      For an election or a vote on a question, the senior election official must apply to the court for a judicial recount if

(a) a tie has been declared; and

(b) an objection was made to a decision made by an election official to accept or reject any ballot.

Application for judicial recount by voter

120(2)      For an election or a vote on a question, a voter may apply to the court for a judicial recount on one or more of the following grounds:

(a) that ballots were not correctly accepted, rejected or discarded, as required by the rules in subsection 106(1) (rules for counting ballots);

(b) that a statement of the vote does not accurately record the number of valid votes for a candidate or for an answer;

(c) that the statement of official results under subsection 117(1) did not correctly tabulate the total number of valid votes for a candidate or an answer.

Application for judicial recount — candidate

120(3)      In addition to the grounds set out in subsection (2), any candidate may apply for a judicial recount if a candidate cannot be declared elected because there is an equal number of votes for two or more candidates.

Deadline for application

120(4)      An application by a voter or a candidate must be made within 14 days after the senior election official has finally declared the results of an election or a vote on a question under subsection 117(1).

Date for recount

121(1)      The judge conducting the recount must set a date for the recount that is within two weeks — or as soon as practicable following that — after the application is received.

Parties

121(2)      The parties to the recount are the applicant, the senior election official and

(a) in the case of an election, each candidate; and

(b) in the case of a vote on a question, each of the representative scrutineers designated under subsection 71(3).

Role of the parties

121(3)      During the recount, each of the parties under subsection (2) may be present, submit evidence and make submissions, and may be represented by counsel.

Notice

121(4)      The applicant must serve notice of the time and place of the recount on the senior election official and each party at least four days before the date set for the recount.

Election officials to attend

121(5)      The senior election official and any other election official designated by the senior election official 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

121(6)      The judge may appoint any person as an official to assist in the recount.

Parties may agree to restrict the scope of recount

121(7)      The judge may restrict the ballots to be recounted to those agreed to by the parties who are present at the recount, but the judge may, in his or her discretion, count other ballots.

Recount process

122(1)      The judge must

(a) subject to subsection (3), count the ballots in the same manner as the original count, whether manually or by vote-counting machine; and

(b) hear and determine every complaint or submission made by a party about any ballot recounted under clause (a).

Powers of judge

122(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 an election official in counting ballots;

(b) may examine the voting record; and

(c) must confirm or correct

(i) the statement of the vote for each ballot box opened, and

(ii) the statement of official results.

Judge may vary manner

122(3)      If the judge is of the opinion that the manner in which the original count was conducted caused or contributed to the doubtful result, he or she may conduct the recount in a different manner.

Witnesses

122(4)      An election official may be called as a witness.

Recount must be continuous

122(5)      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 orders otherwise.

Security of documents

123         During any time the recount is not proceeding continuously, the judge must ensure that the ballots and other documents relating to the election or vote on a question are kept under seal and that all necessary precautions for their security are taken.

Procedure when recount completed

124(1)      When the recount is completed, the judge must

(a) announce the results;

(b) give the following documents, as confirmed or corrected, to the senior election official and a copy to the other parties:

(i) the statement of the vote for each ballot box opened,

(ii) the statement of official results; and

(c) seal the ballots and other documents in their respective envelopes and boxes, and return the ballot boxes and other election documents to the senior election official.

No costs if S.E.O. applies for recount

124(2)      No costs may be awarded on a recount applied for by a senior election official.

Costs if candidate or voter applies for recount

124(3)      No costs may be awarded on a recount applied for by a candidate or a voter unless the judge is of the opinion that a party has engaged in frivolous or vexatious conduct or made unfounded allegations or objections.

Declaration of results after recount

125(1)      Upon receiving the statement of official results, as confirmed or corrected by the judge, the senior election official must declare

(a) the candidate with the most votes to be elected; or

(b) the results of a vote on a question.

If tie for an office after recount

125(2)      If, after a recount by a judge, two or more candidates for an office cannot be declared elected because each has received the same number of votes, the senior election officer must proceed to hold a by-election to fill the office.

Composite ballot

126         If a composite ballot has been used, for the purposes of this Division,

(a) each portion of the ballot that deals with an office or a vote on a question is to be considered a separate ballot; and

(b) a reference to a ballot being counted, accepted, rejected or discarded is to be read as a reference to a vote on a ballot being counted, accepted, rejected or discarded.

PART 8

OFFENCES

BRIBERY AND INTIMIDATION OFFENCES

Offering a bribe

127(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 or a particular answer to a question;

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

(d) to become nominated or refrain from becoming nominated as a candidate or to withdraw as a candidate.

Accepting a bribe

127(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

127(3)      A person who, directly or indirectly, solicits a bribe in circumstances described in subsection (1) is guilty of an offence.

Additional penalty

127(4)      In addition to the penalty provided for in subsection 139(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

128         A person is guilty of an offence who

(a) directly or indirectly

(i) uses or threatens to use force, violence or restraint, or

(ii) inflicts or threatens to inflict an injury, damage, harm or loss,

upon or against a person in order to induce or compel the person to vote or refrain from voting, or on account of that person having voted or refrained from voting at an election or for a vote on a question; or

(b) impedes or prevents the free exercise of the right to vote by an eligible voter.

VOTING OFFENCES

Corrupt voting

129         A person who does any of the following is guilty of an offence:

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

(b) having already voted in an election or on a question, either votes or applies for a ballot to vote in the same election or on the same question;

(c) induces or causes another person to vote knowing that the 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;

(e) knowingly violates or attempts to violate the secrecy of voting.

Interfering with voting places

130         A person who interferes or disrupts, or attempts to interfere or disrupt, the proceedings at a voting place or station is guilty of an offence.

Other voting related offences

131         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 the voting station;

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

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

(e) as a voting official, 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) alters, defaces, destroys, takes, opens or otherwise interferes with a ballot, voting record, ballot box, vote-counting machine or a document or package used at or prepared for an election or vote on a question;

(g) prints or reproduces a ballot or a paper that is capable of being used as a ballot.

OFFENCES RELATING TO ELECTION OFFICIALS AND OTHERS

Offences relating to election and other officials

132(1)      An election official or other person who does any of the following is guilty of an offence:

(a) accepts appointment or acts as an election official 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 34 (personal security protection);

(c) having given a person a personal security certificate, knowingly fails to obscure the person's name and address on the voters list;

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

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

(f) as a voting official, fails without lawful excuse to deliver the ballot box to the senior election official under section 108;

(g) knowingly miscounts ballots during a count or a recount under Part 7.

Bribery, etc. of official

132(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

132(3)      A person who impedes or obstructs an election official in performing a duty or exercising a power under this Act is guilty of an offence.

OFFENCES RELATING TO FALSE INFORMATION AND STATEMENTS

Offence re use of information

133         A person is guilty of an offence who uses information obtained from a voters list, or provided to or obtained by an election official under Part 3, for a purpose other than a purpose

(a) referred to in section 30; or

(b) authorized by another Act.

Offence re false or misleading information

134         A person who knowingly does either of the following is guilty of an offence:

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

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

False statements respecting voters lists

135         A person is guilty of an offence who knowingly makes a false statement for the purpose of

(a) having the name of an eligible voter omitted or deleted from the voters list; or

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

Use of false pretenses

136(1)      A person who by false pretenses induces a voter to vote or refrain from voting, or to vote or refrain from voting for or against a particular candidate or for a particular answer, is guilty of an offence.

Secrecy of the vote

136(2)      In subsection (1), false pretenses includes representing that the ballot or the manner of voting is not secret.

False statement of candidate's withdrawal

137(1)      A person who knowingly publishes a false statement that a candidate has withdrawn is guilty of an offence.

False statement of candidate's character

137(2)      A person who, during an election, 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.

GENERAL

Other offences

138         A person who contravenes a provision of this Act is guilty of an offence.

PENALTIES

Penalty for serious offences

139(1)      A person who is guilty of an offence under sections 127 to 137 is liable on summary conviction to one or more of the following penalties:

(a) a fine of not more than $10,000.;

(b) imprisonment for a term of not more than one year.

Penalty for other offences

139(2)      A person who is guilty of an offence under this Act not mentioned in subsection (1) is liable on summary conviction to one or more of the following penalties:

(a) a fine of not more than $2,000.;

(b) imprisonment for a term of not more than two months.

Prohibition against election or appointment

139(3)      In addition to imposing any other penalty under this section, the convicting judge may prohibit the person from one or both of the following for a period of not longer than eight years:

(a) being elected to an office on a local authority;

(b) being appointed as an election official.

PART 9

CHALLENGING RESULTS OF ELECTION OR VOTE

Application

140(1)      The right of an elected candidate to take office or the validity of an election or vote on a question may be challenged only by an application to the court under this Part.

Grounds for application

140(2)      An application may be made to the court on the following grounds:

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

(b) that there were irregularities in the election or acts constituting offences under sections 127 to 138 (offences) that affected the result of the election;

(c) that there were irregularities in the vote on a question or acts constituting offences under sections 127 to 138 (offences) that affected the result of the vote.

Exception

140(3)      An application may not be made under this Part on the grounds for which an application for a judicial recount may be made under Part 7.

Deadline for application

140(4)      An application may not be made more than 60 days after the result of an election or vote on a question is officially declared.

Who can apply

141(1)      For an election or question, an application may be made only by

(a) a candidate;

(b) an eligible voter; or

(c) the senior election official.

Respondent

141(2)      If an application seeks a declaration that

(a) an elected candidate was not eligible to hold office at the time he or she was elected, that candidate must be named as the respondent;

(b) an election was invalid because of irregularities or acts constituting offences under sections 127 to 137, the senior election official and any candidate declared elected must be named as the respondents; or

(c) a vote on a question was invalid, the senior election official must be named the respondent, but where the senior election official is the applicant, the judge may name any other interested person as the respondent.

Service

141(3)      For an election, the applicant must serve the notice of application on the senior election official and every candidate.  For a vote on a question, the applicant must serve the notice of application on the senior election official.

Addition of parties

141(4)      Any of the persons required to be served under subsection (3) are entitled to be parties to the application, and the court may by order add any other person as a party.

Court procedure

142(1)      An application must be heard on an urgent basis and in a summary manner.

Frivolous applications

142(2)      The court may at any time dismiss an application that it considers to be frivolous, vexatious or made in bad faith.

Decision of the court

143(1)      After hearing an application

(a) in respect of a candidate's election, the court may do any of the following:

(i) declare that the elected candidate is qualified to take and hold office,

(ii) declare that the elected candidate is not qualified to hold office and that the office is vacant, or another candidate is duly elected,

(iii) declare the election was valid,

(iv) declare the election is invalid and that the office is vacant or that another candidate is duly elected; or

(b) in respect of a vote on a question, the court may declare that the vote was valid or invalid.

Where election or vote valid despite contravention

143(2)      The court must not declare an election or vote on a question invalid by reason only of an irregularity or contravention of this Act if it is satisfied that

(a) the election or vote was conducted in good faith and in accordance with the principles of this Act; and

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

Appeal to Court of Appeal

144(1)      An appeal from the court's decision on an application under this Part must be filed with The Court of Appeal no later than seven days after the decision is made.

Appeal to be heard on an urgent basis

144(2)      The Court of Appeal must hear the appeal on an urgent basis.

No stay

144(3)      A person who is declared not to be qualified to hold office under section 143 remains disqualified until the appeal is finally determined.

Reinstatement

144(4)      If, on the final determination of the appeal, the disqualification is set aside, The Court of Appeal may reinstate the person as a member of the elected authority for any unexpired portion of the term of office for which he or she was elected and require any person who has been elected to fill the balance of that term to vacate the office.

No reinstatement if term has expired

144(5)      If, on the final determination of the appeal, the disqualification is set aside but the term of office for which the person was elected has expired, the person must not be reinstated but is eligible to be elected at the next election in the local authority if otherwise qualified.

COMPENSATION AND COSTS

Costs of application

145(1)      If the court declares that a candidate was not qualified to hold office or that an election is invalid, the affected local authority must, in accordance with the Queen's Bench Rules and the Court of Appeal Rules, pay the costs of the applicant.

Recovery of costs

145(2)      A court may order that the costs paid under subsection (1) may be recovered by the local authority from any other person in the same manner as a judgment of the court.

Compensation

146         If a court orders that an office is vacant or that a vote on a question was invalid, it may make such other orders as it considers just against a person whose act or omission unlawfully affected the results of the election or vote for compensation of the candidates, the local authority or both.

DISCLAIMER

Disclaimer after application

147(1)      A candidate whose election is challenged in an application under this Part may disclaim all right to the office.

Manner of making disclaimer

147(2)      A disclaimer must be

(a) made in writing;

(b) signed by the candidate making it, and the candidate's signature on the disclaimer must be witnessed by another person, who must sign as witness;

(c) delivered to the senior election official who was responsible for the conduct of the election; and

(d) delivered to the court and the applicant or his or her counsel.

S.E.O. to inform C.A.O. or secretary-treasurer

147(3)      When a senior election official receives a disclaimer, he or she must immediately communicate it to the chief administrative officer or secretary-treasurer of the local authority.

Resignation

147(4)      The disclaimer operates as a resignation and takes effect when the chief administrative officer or secretary-treasurer receives notice of it.

Effect on liability for costs

147(5)      The disclaimer relieves the candidate making it from any liability for costs in an application that are incurred after the court receives the disclaimer.

CHANGE IN APPLICANT

Applicant's death

148(1)      If the applicant dies before the court hears the application, the court may, on any person's motion, order that another person who is qualified be substituted as an applicant, on any conditions the court considers proper.  Otherwise, the application is deemed to have been dismissed.

Costs if application deemed dismissed

148(2)      The court may make an award of costs in respect of an application even if it is dismissed under subsection (1).

PART 10

GENERAL

DISPOSITION OF MATERIALS

Records — six-month retention period

149(1)      The senior election official must retain the ballots and all other documents and materials related to the election or vote on a question for six months after the results of the election or vote are declared under

(a) section 117 (S.E.O. to declare results); or

(b) subsection 125(1) (declaration of results after recount).

Destruction of records

149(2)      When the six-month period has elapsed, the senior election official

(a) must destroy the ballots in the presence of two witnesses; and

(b) may destroy any other documents and materials related to the election.

No destruction if court proceedings continuing

150         Section 149 does not apply

(a) if otherwise ordered by a court; or

(b) if the materials relate to an election or vote on a question that is the subject of an application under section 140, until the final determination of that application or until the court authorizes their destruction.

Public records

151(1)      Documents and materials used or relating to an election or a vote on a question that are in the custody of the senior election official are public records and, until their destruction, must be available for public inspection at the times and under the conditions acceptable to the senior election official.

Ballots and security certificates not public

151(2)      Subsection (1) does not apply to ballots or any documents or materials prepared, used or relating to security certificates under section 34.

REGULATIONS

Regulations

152(1)      The Lieutenant Governor in Council may make regulations prescribing

(a) the form and content of an oath required to be taken under this Act;

(b) the form and content of any other document required to be prepared, used or approved by an election official under this Act;

(c) information that must be included in a notice of nominations under subsection 41(2);

(d) statements or other information that must be included in a nomination under subsection 42(1);

(e) additional provisions of this Act to which subsection 62(3) applies;

(f) local authorities in which the senior election official must give voters notice of the voting places where they are to vote by mailing or distributing a notice to each eligible voter on the voters list of the local authority.

Elections in new local authority

152(2)      In a regulation that establishes a new local authority, the Lieutenant Governor in Council may include any provision that is necessary or desirable for the first election in that new authority, including, without limitation, provisions

(a) appointing the senior election official responsible for conducting the first election, who is to hold office until his or her successor is appointed;

(b) providing direction for how the voters list for the new authority is to be prepared;

(c) establishing the dates of the nomination period and the time, date and place nominations must be filed;

(d) fixing the election day; and

(e) making all other arrangements for the election.

Elections in authority with altered boundaries

152(3)      In a regulation that alters the boundaries of an existing local authority, the Lieutenant Governor in Council may

(a) require an election to be held in the local authority or the part added to it; and

(b) include any provision — including those described in subsection (2) — that is necessary or desirable for the election.

Timing — election may occur before new authority established

152(4)      A regulation under subsection (2) or (3) may specify that election day for the election may be a day prior to the date on which the authority is established or its boundaries altered, but persons elected in such an election do not assume office until the day the authority is established or its boundaries are altered.

PART 11

TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

DIVISION 1

TRANSITIONAL PROVISIONS

Enumerator and revising officers cease to hold office

153(1)      An enumerator and a revising officer of a local authority appointed by by-law passed under clauses 10(1)(a) and (b) of The Local Authorities Election Act ceases to hold office on the coming into force of this Act.

Returning officer continues as S.E.O.

153(2)      A person appointed as the returning officer of a local authority under The Local Authorities Election Act is deemed to be the senior election official of that authority under this Act until his or her term of office expires or until his or her successor is appointed under this Act.

Winnipeg's vote-counting machine by-law continued

154(1)      To the extent it is not inconsistent with section 62, a by-law passed under section 30 of The City of Winnipeg Charter, as that section read immediately before the coming into force of this Act, continues with the same effect as if it had been made under this Act.

Amendments to by-law take effect immediately

154(2)      During the period January 1 to June 30, 2006, section 63 does not apply to a by-law of The City of Winnipeg that is authorized under section 62.

DIVISION 2

CONSEQUENTIAL AMENDMENTS

155 to 165  

NOTE:  These sections contained consequential amendments to other Acts that are now included in those Acts.

PART 12

REPEAL AND COMING INTO FORCE

Repeal

166         The Local Authorities Election Act, R.S.M. 1987, c. L180, is repealed.

C.C.S.M. reference

167         This Act may be referred to as chapter M257 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

168(1)      Subject to subsection (2), this Act comes into force on January 1, 2006.

Provisions that come into force on October 25, 2006

168(2)      The following provisions come into force on October 25, 2006:

(a) sections 40;

(b) in section 158,

(i) clauses (7)(a) and (c),

(ii) clauses (11)(a) and (b),

(iii) subsection (12);

(c) clause 164(6)(a).