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The Municipal Councils and School Boards Elections Act

C.C.S.M. c. M257

The Municipal Councils and School Boards Elections Act

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
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)
(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