C.C.S.M. c. M257
|
|
|
| PART 1
|
|
| INTRODUCTORY PROVISIONS
|
| 1
| Definitions
|
| 2
| Application of Act
|
| 3
| Other Acts prevail
|
| 4(1)
| Public notice
|
| (2)
| More than one newspaper
|
| 5
| Public notices may be combined
|
| 6(1)
| Oaths
|
| (2)
| Form of oath may be prescribed
|
| 7(1)
| Establishing identity
|
| (2)
| Establishing identity in another way
|
|
| PART 2
|
|
| APPOINTMENTS AND ARRANGEMENTS
|
| 8(1)
| Agreements
|
| (2)
| By-laws made applicable
|
| 9
| Cost
|
|
| SENIOR ELECTION OFFICIAL
|
| 10(1)
| Senior election official must be appointed
|
| (2)
| Person may be appointed in more than one authority
|
| (3)
| When appointment ends
|
| (4)
| If office of senior election official is vacant
|
| 11(1)
| General duties of senior election official
|
| (2)
| S.E.O. must be independent and impartial
|
| (3)
| Elected authority directions by by-law or resolution
|
|
| ASSISTANT SENIOR ELECTION OFFICIAL
|
| 12(1)
| Appointment of assistant senior election official
|
| (2)
| Assistant to act in place of S.E.O.
|
|
| OTHER ELECTION OFFICIALS
|
| 13(1)
| Other election officials
|
| (2)
| Term
|
| (3)
| Duties of election official
|
|
| DELEGATION
|
| 14(1)
| Delegation
|
| (2)
| S.E.O. retains powers and duties
|
|
| OATH
|
| 15(1)
| Oath of election officials
|
| (2)
| Second oath not required
|
| 16
| Power to administer oath
|
|
| INELIGIBILITY AND REPLACEMENT OF ELECTION OFFICIALS
|
| 17(1)
| Who may not be an election official
|
| (2)
| Obligation if election official becomes ineligible
|
| 18
| Replacing an election official
|
| 19
| If election official not qualified
|
|
| PRESERVATION OF ORDER AT ELECTIONS
|
| 20(1)
| Keeping order
|
| (2)
| Assistance of peace officer may be required
|
| (3)
| Interpretation: "voting place"
|
|
| PART 3
|
|
| VOTERS
|
|
| ELIGIBILITY
|
| 21(1)
| Eligibility of person who is a resident
|
| (2)
| Residency
|
| (3)
| Persons with no fixed address
|
| (4)
| Oath conclusive in absence of other evidence
|
| (5)
| New or expanded local authority
|
| 22(1)
| Municipal election and votes eligibility of non-resident
|
| (2)
| Maximum of two non-resident voters per property
|
| (3)
| Non-residents: new or expanded municipality
|
| (4)
| Application: vote under Part 2 of Municipal Act
|
|
| VOTERS LIST
|
| 23(1)
| S.E.O. to establish and maintain voters list
|
| (2)
| Voting subdivisions may be created
|
| 24
| One entry only
|
| 25(1)
| Residence determines division of list
|
| (2)
| Non-resident qualified in more than one subdivision
|
| (3)
| Senior election official to act
|
| 26
| Format of list
|
| 27
| Content of voters list
|
| 28(1)
| Information for establishing and maintaining voters list
|
| (2)
| Agreements
|
| (3)
| Information from previous voters lists
|
| 29
| Entitlement to information on voters list
|
| 30
| Restrictions on use of information on voters list
|
| 31
| Period when voters list closed to revision
|
|
| ENUMERATION
|
| 32(1)
| Enumeration
|
| (2)
| Conduct of enumeration
|
| (3)
| Identification
|
| (4)
| Right of entry
|
| (5)
| Time for entry may be set
|
|
| ADDING NAMES TO VOTERS LIST AT THE TIME OF VOTING
|
| 33(1)
| Name added to voters list at time of voting
|
| (2)
| Non-resident voter
|
|
| PERSONAL SECURITY PROTECTION
|
| 34(1)
| Personal security protection
|
| (2)
| How to file application
|
| (3)
| Application requirements
|
| (4)
| Personal security certificate
|
| (5)
| Voters list requirements
|
| (6)
| Placement of identification number on voters list
|
| (7)
| Procedures for voting
|
| (8)
| Form of personal security certificate
|
| 35
| Powers of senior election official
|
|
| PUBLIC NOTICE
|
| 36
| Public notice voters list and personal security
|
|
| VOTERS LIST GIVEN TO CANDIDATES
|
| 37(1)
| Candidates entitled to copy of voters list
|
| (2)
| Use of voters list by candidates
|
| (3)
| Interpretation: "election period"
|
|
| PART 4
|
|
| NOMINATIONS
|
| 38
| Who may be nominated
|
| 39
| Nomination period
|
| 40(1)
| Only one office at a time
|
| (2)
| Current member must resign to run in by-election
|
| (3)
| More than one by-election on same date
|
| 41(1)
| Notice of nominations
|
| (2)
| Content of notice of nominations
|
| 42(1)
| What nomination must include
|
| (2)
| Number of voters required
|
| (3)
| Nomination of mayor City of Winnipeg
|
| 43(1)
| How to file a nomination
|
| (2)
| Method of filing
|
| (3)
| Candidate may be required to file in person
|
| (4)
| Obligation to ensure documents received
|
| 44
| Nomination papers available for inspection
|
| 45(1)
| Verifying the nomination
|
| (2)
| Nomination confirmed or refused
|
| (3)
| Candidate upon acceptance of nomination papers
|
| (4)
| Correcting or replacing nomination papers
|
|
| OFFICIAL AGENT
|
| 46(1)
| Official agent
|
| (2)
| Appointment
|
|
| WITHDRAWALS
|
| 47(1)
| Withdrawing a nomination
|
| (2)
| Signature must be witnessed
|
| (3)
| Limitation on withdrawals
|
|
| ACCLAMATIONS OR ELECTIONS
|
| 48(1)
| Acclamation
|
| (2)
| Public notice of election
|
|
| DEATH OF A CANDIDATE
|
| 49
| Death of candidate
|
|
| ACCESS FOR CAMPAIGNING
|
| 50(1)
| Right of access
|
| (2)
| Exception when voting station in building
|
| (3)
| Exception for shelters
|
| (4)
| Access to health care and correctional facilities
|
| (5)
| Access to communities for campaigning
|
|
| PART 5
|
|
| PREPARING FOR AN ELECTION
|
| 51(1)
| Establishing voting stations
|
| (2)
| Central voting place
|
| (3)
| Location of voting places
|
| (4)
| Voting place must be accessible
|
| (5)
| Restrictions: voting place
|
| 52(1)
| New voting place
|
| (2)
| Notice of change
|
| 53
| Equipping voting stations
|
|
| BALLOTS
|
| 54(1)
| Printing of ballots
|
| (2)
| S.E.O. determines if separate or composite ballot
|
| 55(1)
| Rules for ballots
|
| (2)
| Ordering of names
|
| (3)
| Random lot
|
| (4)
| Rotating order
|
| (5)
| Variation does not invalidate election
|
| (6)
| Candidates with same name
|
| (7)
| Form of composite ballot
|
| 56(1)
| New ballots if candidate dies
|
| (2)
| Exception
|
| 57
| Record of ballots provided
|
|
| OTHER EQUIPMENT AT VOTING STATIONS
|
| 58
| Ballot boxes
|
| 59
| Voting compartment
|
| 60
| Voting directions
|
| 61
| Voting record
|
|
| VOTE-COUNTING MACHINES
|
| 62(1)
| Use of counting machines
|
| (2)
| Content of by-law procedures, forms and testing
|
| (3)
| By-law may be inconsistent with the Act
|
| (4)
| By-law must follow Act
|
| (5)
| Use of vote-counting machines
|
| 63
| Application of by-law
|
| 64
| Regulation re vote-counting machines
|
|
| PART 6
|
|
| VOTING
|
|
| DIVISION 1
|
|
| GENERAL
|
| 65
| Rights of a voter
|
| 66(1)
| May only vote once
|
| (2)
| Voting for a candidate
|
| (3)
| One vote on a question
|
|
| DIVISION 2
|
|
| REGULAR VOTING
|
|
| NOTICE OF WHERE TO VOTE
|
| 67(1)
| Notice in Winnipeg and other prescribed authorities
|
| (2)
| School divisions partially in Winnipeg
|
|
| OPERATION OF VOTING PLACES AND STATIONS
|
| 68
| Who may be present at voting station
|
| 69(1)
| Preparation of ballot box
|
| (2)
| Location of ballot box
|
| 70(1)
| Voting record
|
| (2)
| Voting record record of scrutineers
|
| (3)
| When person deemed to have voted
|
|
| SCRUTINEERS
|
| 71(1)
| Scrutineers
|
| (2)
| Scrutineers vote on a question
|
| (3)
| S.E.O. may designate a representative scrutineer
|
| (4)
| Scrutineer must show appointment
|
| (5)
| What a scrutineer can do
|
|
| POLITICAL ACTIVITIES AT VOTING PLACES
|
| 72(1)
| No display of election material in voting place
|
| (2)
| Voting place in mall
|
| (3)
| Order to remove sign
|
| (4)
| Duty to remove
|
| (5)
| Exception for notices under Act
|
| (6)
| Exception for scrutineers
|
|
| VOTING AT VOTING STATIONS ON ELECTION DAY
|
| 73
| Voting hours
|
| 74
| Voting at a voting station
|
| 75(1)
| Eligible voter whose name is on voters list
|
| (2)
| Voting official may require identification
|
| 76(1)
| Eligible voter whose name is not on voters list
|
| (2)
| Eligible voter must be added to voters list
|
| 77(1)
| When records show voter already voted
|
| (2)
| When records show sealed envelope ballot package provided
|
| 78
| Indication of voting made on voters list
|
|
| CHALLENGING A VOTER
|
| 79(1)
| Who may challenge
|
| (2)
| Reason for challenge
|
| (3)
| Failure to give reason
|
| (4)
| Deadline for challenges
|
| (5)
| What challenged person must do to vote
|
| (6)
| Other inquires prohibited
|
| (7)
| Refusing or failing to comply before ballot received
|
|
| VOTING
|
| 80
| Voting
|
| 81
| Voter to leave after voting
|
|
| SPECIAL VOTING SITUATIONS
|
| 82(1)
| Voting with template
|
| (2)
| Assistance with template
|
| 83(1)
| Voter requiring assistance of another person
|
| (2)
| Who may assist voter
|
| (3)
| Limit on assistance
|
| (4)
| Assistant's obligations
|
| 84(1)
| Interpreter
|
| (2)
| Election official may act as interpreter
|
| (3)
| Oath
|
| 85(1)
| Moving ballot box
|
| (2)
| Privacy
|
| (3)
| Securing materials
|
| (4)
| Scrutineers may be present
|
| 86(1)
| Spoiled ballot
|
| (2)
| Treatment of spoiled ballot
|
|
| SECRECY
|
| 87(1)
| Secrecy of voting
|
| (2)
| Voter not to show ballot
|
| (3)
| No one allowed in voting compartment
|
| 88
| No requirement to disclose vote
|
|
| DIVISION 3
|
|
| ALTERNATIVE VOTING OPPORTUNITIES
|
|
| ADVANCE VOTING
|
| 89
| Required advance voting opportunity
|
| 90(1)
| Additional advance voting opportunities
|
| (2)
| Notice of additional advance voting opportunities
|
| 91(1)
| When advance voting may occur
|
| (2)
| Voting record may contain voters list
|
| (3)
| Record returned to senior election official
|
| (4)
| Voters list to indicate who voted in advance
|
| 92(1)
| Securing ballot box between uses
|
| (2)
| Securing ballot box and voting materials
|
| 93
| Conduct of advance voting generally
|
|
| MOBILE VOTING STATIONS
|
| 94(1)
| Mobile voting stations health care facilities
|
| (2)
| Other mobile voting stations
|
| (3)
| Mobile voting station may move
|
| (4)
| Duty of administrator
|
| (5)
| Voters list not required at mobile voting station
|
| (6)
| Hours of operation
|
| (7)
| Notice
|
| (8)
| Securing ballot box and election materials
|
| (9)
| Voting at mobile voting stations
|
|
| VOTING BY SEALED ENVELOPE
|
| 95(1)
| Eligibility to vote by sealed envelope ballot
|
| (2)
| How to file application
|
| (3)
| When application may be made
|
| 96(1)
| When application made in person
|
| (2)
| Declaration of eligibility, identity and oath
|
| 97(1)
| When application made in writing
|
| (2)
| Name of eligible voter added if not already on list
|
| (3)
| Sealed envelope ballot package mailed or delivered
|
| (4)
| Family member may be designated to deliver
|
| (5)
| Actions by election official
|
| 98
| Contents of sealed envelope ballot package
|
| 99
| Record of voting by sealed envelope ballot
|
| 100
| Procedure for voting by sealed envelope ballot
|
| 101(1)
| Treatment of sealed envelope ballots
|
| (2)
| Certificate envelopes to be placed into ballot box
|
| (3)
| Rejected sealed envelope ballot
|
|
| DIVISION 4
|
|
| INTERRUPTED VOTING
|
| 102(1)
| S.E.O. may declare voting to be interrupted
|
| (2)
| Voting station reopened for equivalent period
|
| (3)
| Notice of reopening to candidates and voters
|
| (4)
| No review or setting aside
|
|
| PART 7
|
|
| COUNTS AND RECOUNTS
|
|
| DIVISION 1
|
|
| THE COUNT
|
|
| CLOSING THE VOTING PLACE
|
| 103
| Voting stations close at 8:00 p.m.
|
|
| COUNTING BALLOTS ON ELECTION DAY
|
| 104(1)
| Election official to count the vote
|
| (2)
| What is to be done in doing the count
|
| 105(1)
| Ballot account
|
| (2)
| Ballot account to be attached in voting record
|
| 106(1)
| Rules for counting ballots
|
| (2)
| Organizing the ballots
|
| 107(1)
| Completing a statement of the vote
|
| (2)
| Statement to be signed
|
| 108
| Securing and delivering election materials
|
| 109
| If composite ballots used
|
|
| COUNTING ADVANCE, MOBILE AND SEALED ENVELOPE BALLOTS
|
| 110
| Counting the advance vote
|
| 111
| Counting the mobile vote
|
| 112(1)
| Counting the sealed envelope vote
|
| (2)
| Power to adapt certain provisions
|
| 113
| Notice of where count will be conducted
|
| 114(1)
| Certain ballots may be combined before counting
|
| (2)
| S.E.O. must designate voting official to count
|
| (3)
| Responsibilities of designated voting official
|
|
| DIVISION 2
|
|
| DETERMINING AND DECLARING RESULTS
|
| 115
| Preliminary results may be announced
|
| 116(1)
| Votes must be officially tallied
|
| (2)
| Persons who may attend official tally
|
| (3)
| Examination of documents and materials
|
| (4)
| Statement of vote to be corrected
|
| (5)
| Statement of official results
|
| (6)
| Return election material to ballot box
|
| 117(1)
| S.E.O. to declare results
|
| (2)
| Official results to be available to the public
|
| 118
| If tie for an office
|
| 119(1)
| Postponing the declaration
|
| (2)
| Period of postponement
|
| (3)
| New election or vote if voting remains interrupted
|
| (4)
| If reason for delay not resolved
|
| (5)
| Missing ballots may not be considered
|
|
| DIVISION 3
|
|
| JUDICIAL RECOUNT
|
| 120(1)
| Application by S.E.O.
|
| (2)
| Application for judicial recount by voter
|
| (3)
| Application for judicial recount candidate
|
| (4)
| Deadline for application
|
| 121(1)
| Date for recount
|
| (2)
| Parties
|
| (3)
| Role of the parties
|
| (4)
| Notice
|
| (5)
| Election officials to attend
|
| (6)
| Officials may assist
|
| (7)
| Parties may agree to restrict the scope of recount
|
| 122(1)
| Recount process
|
| (2)
| Powers of judge
|
| (3)
| Judge may vary manner
|
| (4)
| Witnesses
|
| (5)
| Recount must be continuous
|
| 123
| Security of documents
|
| 124(1)
| Procedure when recount completed
|
| (2)
| No costs if S.E.O. applies for recount
|
| (3)
| Costs if candidate or voter applies for recount
|
| 125(1)
| Declaration of results after recount
|
| (2)
| If tie for an office after recount
|
| 126
| Composite ballot
|
|
| PART 8
|
|
| OFFENCES
|
|
| BRIBERY AND INTIMIDATION OFFENCES
|
| 127(1)
| Offering a bribe
|
| (2)
| Accepting a bribe
|
| (3)
| Soliciting a bribe
|
| (4)
| Additional penalty
|
| 128
| Force and intimidation
|
|
| VOTING OFFENCES
|
| 129
| Corrupt voting
|
| 130
| Interfering with voting places
|
| 131
| Other voting related offences
|
|
| OFFENCES RELATING TO ELECTION OFFICIALS AND OTHERS
|
| 132(1)
| Offences relating to election and other officials
|
| (2)
| Bribery, etc. of official
|
| (3)
| Obstructing an official
|
|
| OFFENCES RELATING TO FALSE INFORMATION AND STATEMENTS
|
| 133
| Offence re use of information
|
| 134
| Offence re false or misleading information
|
| 135
| False statements respecting voters lists
|
| 136(1)
| Use of false pretenses
|
| (2)
| Secrecy of the vote
|
| 137(1)
| False statement of candidate's withdrawal
|
| (2)
| False statement of candidate's character
|
|
| GENERAL
|
| 138
| Other offences
|
|
| PENALTIES
|
| 139(1)
| Penalty for serious offences
|
| (2)
| Penalty for other offences
|
| (3)
| Prohibition against election or appointment
|
|
| PART 9
|
|
| CHALLENGING RESULTS OF ELECTION OR VOTE
|
| 140(1)
| Application
|
| (2)
| Grounds for application
|
| (3)
| Exception
|
| (4)
| Deadline for application
|
| 141(1)
| Who can apply
|
| (2)
| Respondent
|
| (3)
| Service
|
| (4)
| Addition of parties
|
| 142(1)
| Court procedure
|
| (2)
| Frivolous applications
|
| 143(1)
| Decision of the court
|
| (2)
| Where election or vote valid despite contravention
|
| 144(1)
| Appeal to Court of Appeal
|
| (2)
| Appeal to be heard on an urgent basis
|
| (3)
| No stay
|
| (4)
| Reinstatement
|
| (5)
| No reinstatement if term has expired
|
|
| COMPENSATION AND COSTS
|
| 145(1)
| Costs of application
|
| (2)
| Recovery of costs
|
| 146
| Compensation
|
|
| DISCLAIMER
|
| 147(1)
| Disclaimer after application
|
| (2)
| Manner of making disclaimer
|
| (3)
| S.E.O. to inform C.A.O. or secretary-treasurer
|
| (4)
| Resignation
|
| (5)
| Effect on liability for costs
|
|
| CHANGE IN APPLICANT
|
| 148(1)
| Applicant's death
|
| (2)
| Costs if application deemed dismissed
|
|
| PART 10
|
|
| GENERAL
|
|
| DISPOSITION OF MATERIALS
|
| 149(1)
| Records six-month retention period
|
| (2)
| Destruction of records
|
| 150
| No destruction if court proceedings continuing
|
| 151(1)
| Public records
|
| (2)
| Ballots and security certificates not public
|
|
| REGULATIONS
|
| 152(1)
| Regulations
|
| (2)
| Elections in new local authority
|
| (3)
| Elections in authority with altered boundaries
|
| (4)
| Timing election may occur before new authority established
|
|
| PART 11
|
|
| TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
|
|
| DIVISION 1
|
|
| TRANSITIONAL PROVISIONS
|
| 153(1)
| Enumerator and revising officers cease to hold office
|
| (2)
| Returning officer continues as S.E.O.
|
| 154(1)
| Winnipeg's vote-counting machine by-law continued
|
| (2)
| Amendments to by-law take effect immediately
|
|
| DIVISION 2
|
|
| CONSEQUENTIAL AMENDMENTS
|
| 155 to 165
|
|
|
| PART 12
|
|
| REPEAL AND COMING INTO FORCE
|
| 166
| Repeal
|
| 167
| C.C.S.M. reference
|
| 168(1)
| Coming into force
|
| (2)
| Provisions that come into force on October 25, 2006
|