C.C.S.M. c. E30
The Elections Act
PART 1 | |
INTERPRETATION | |
1(1) | Definitions |
(2) | Registered common-law relationship |
2 | Endorsement of candidate |
3(1) | Date of election |
(2) | Day fixed falling on holiday |
(3) | Period expiring on holiday |
4(1) | Authority to take affidavits |
(2) | No one to take one's own oath |
(3) | No fee for taking oath |
(4) | Affirmations in place of oath |
(5) | Form of affirmation |
PART 2 | |
CHIEF ELECTORAL OFFICER AND ELECTION | |
CHIEF ELECTORAL OFFICER | |
5(1) | Appointment of Chief Electoral Officer |
(2) | Salary |
(3) | Reduction of salary |
6(1) | Term of office |
(2) | Removal or suspension |
(3) | Suspension of Chief Electoral Officer |
(4) | Action by assembly on suspension |
7(1) | Application of Civil Service Act |
(2) | Application of Civil Service Superannuation Act |
8 | Chief Electoral Officer not to vote, etc. |
9(1) | |
(2) | Power of deputy to act in place of C. E. O. |
10(1) | Powers and duties of C. E. O. |
(1.1) | Public education and information |
(2) | Reports to the Legislative Assembly |
(2.1) | Amendments |
(2.2) | Report laid before Legislative Assembly |
(3) | Referral to Standing Committee |
(3.1) | |
(4) | Special powers of C. E. O. |
(5) | |
(6) | Order to deliver material |
(7) | Notices by Chief Electoral Officer |
(7.1) | Notices by Chief Electoral Officer |
(8) | Notices by Chief Electoral Officer in remote areas |
10.1 | Protection from liability |
10.2(1) | Records of Chief Electoral Officer |
(2) | Definition of "record" |
DIVISION 2 | |
ELECTION OFFICERS | |
11(1) | Who may not be election officers |
(2) | Replacing an enumerator or election officer |
(3) | Order to deliver material |
12 | Procedure on appointment of new returning officer |
13(1) | Oaths of election officers |
(2) | Oaths sent to Chief Electoral Officer |
14 | Acts by unqualified persons |
15 | Penalty for refusing to act |
16(1) | Officer to notify Chief Electoral Officer |
(2) | Chief Electoral Officer acts |
17(1) | Appointing returning officers |
(2) | Resident voter |
(3) | Qualifications |
(4) | When appointment ends |
(5) | Re-appointment |
(6) | If R.O. ceases to reside in division |
17.1 | Notice in the Gazette |
18(1) | |
(2) | |
19 | |
20(1) | Appointment of assistant returning officer |
(2) | Additional assistant returning officer |
(2.1) | Qualifications |
(3) | Duties of assistant returning officer |
(4) | When appointment ends |
21(1) | Appointment of D. R. O's |
(1.1) | D.R.O. for advance poll in returning office |
(2) | Senior D. R. O. |
22(1) | Appointment of poll clerks |
(2) | Duties of poll clerk |
(3) | Poll clerk to act as D. R. O. |
(4) | Appointment of another poll clerk |
(5) | Commission and oath |
(6) | Substitute poll clerk |
23 | Election officers from outside the electoral division |
24(1) | Returning officer and D. R. O. to be peace officers |
(2) | Constables |
24.1 | Appointing registration officers |
PART 2.1 | |
LEAVE FROM EMPLOYMENT FOR | |
24.2(1) | Leave without pay |
(2) | Written request |
(3) | Notice of employer's right to request exemption |
(4) | Timing of request for leave |
(5) | Part-time leave |
(6) | Confirmation of appointment |
(7) | Number of election volunteers |
(8) | When leave begins |
(9) | When leave ends: election officials and volunteers |
(10) | When leave ends: candidate |
24.3(1) | If leave seriously detrimental to employer |
(2) | Application |
(3) | Decision maker |
(4) | Procedure |
(5) | Decision final |
24.4(1) | Contribution to plans may continue |
(2) | Reinstatement |
(3) | Service continuous |
(4) | Employer's obligations |
(5) | Complaints |
PART 3 | |
PROCEEDINGS AT BEGINNING OF ELECTION | |
25(1) | Writ commencing election |
(2) | Transmitting writs |
(3) | Postponing election |
26 | Transmission of election materials |
27(1) | Proclamation of election |
(2) | Time for receiving nominations |
(3) | Publication of proclamation |
(4) | Posting of proclamations, etc. |
28(1) | Notice of general election |
(2) | Notice of by-election |
29(1) | |
(2) | Considerations on subdivision |
(3) | Descriptions of polling subdivisions |
(4) | Former polling subdivisions |
PART 4 VOTERS LISTS | |
DIVISION 1 | |
PRELIMINARY VOTERS LISTS | |
30(1) | |
(1.1) | Identification |
(2) | Enumeration |
(2.1) | Addresses and telephone numbers to be included |
(2.2) | If telephone number not provided |
(3) to (8) | |
(9) and (10) | |
30.1(1) | Preparation of lists in urban polling subdivisions |
(2) | Lists arranged in geographical order |
(3) | Method of obtaining information |
(4) | House-to-house canvass |
(5) | Enumeration record for voter |
(6) | Call-in cards |
30.2(1) | Preparation of lists in rural polling subdivisions |
(2) | Lists arranged in geographical order |
(3) | Method of obtaining information |
(4) | House-to-house canvass |
(5) | Enumeration record for voter |
(6) | Enumeration record delivered in certain cases |
(7) | Call-in cards |
30.3(1) | Enumerators' right of entry |
(2) | Obstructing enumerator |
31 | Inmates disqualified from voting |
32(1) | Qualification for voters list |
(1.1) | Members of Canadian Forces |
(1.2) | Place of residence for members of Canadian Forces |
(1.3) | Definition |
(2) | Adding name where qualified after enumeration |
33(1) | Use of old lists |
(1.1) | Delivery of cards to up-date old list |
(2) | Forward list to returning officer |
(3) | Use of information from other enumerations |
34(1) | Residence within polling subdivision |
(2) | Presumption for enumeration |
35(1) | Rules of residence |
(1.1) | Residency criteria for persons in correctional facilities |
(2) | Change of residence within province |
(3) | Notice to other returning officers |
36(1) | Completion of list |
(2) | Delivery to returning officer |
(3) | |
(4) | Fees of enumerator |
37(1) | Access to lists in office of returning officer |
(1.1) | Access to lists in municipal office |
(2) | Copy to each candidate |
(3) | Preparation of additional copies |
(4) | Use of additional copies |
(5) | Delivery to political parties |
(6) | Electronic form |
DIVISION 2 | |
REVISION OF VOTERS LISTS | |
38(1) | Period of revision |
(2) | Place and time for revision |
(3) | Other locations |
(4) | Public notice |
39(1) | Appointment of revising officers |
(2) | Assistant returning officer may act |
(3) | Appointment of revising agents |
(4) | Appointment in prescribed form |
(5) | Revising officer or agent may not be a candidate |
(6) | Identification |
40(1) | Application for addition, correction or deletion |
(2) | Application form |
(3) | Another person may apply on voter's behalf |
(4) | Legible photocopies acceptable |
(5) | Grounds must be sufficient |
41(1) | Objection to another person's name on the list |
(2) | Form of objection |
(3) | Delivering the objection |
(4) | Notice to person whose name is objected to |
(5) | Method of notification |
(6) | Resolving an objection on basis of death |
(7) | |
42(1) | Notification of omitted voters |
(2) | Addition of names of omitted voters |
43 | Correction of errors |
44 | Record of additions, corrections and deletions |
45 | |
46(1) | Revised voters list |
(2) | Delivery of revised voters list to returning officer |
(3) | Copies of revised voters list |
(4) | Distribution of revised voters list |
(5) | Electronic form |
47(1) | Representatives permitted to be present at revision |
(2) | Appointment of constables |
48(1) | Adding unenumerated names after revision |
(2) | Names to be added to list |
49(1) | Appeal by person whose name deleted |
(2) | Appeal of names added |
(3) | Appeals of refused applications |
(4) | Appeal to Queen's Bench |
(5) | Notice of appeal to returning officer |
(6) | Form of notice |
(7) | Further notice of appeal |
(8) | Parties to appeal |
(9) | Judge to proceed summarily |
(10) | Interruption of other proceedings |
(11) | No appeal |
(12) | Authority to proceed where no notice given |
(13) | Limitation on appeals |
49.1 | Notice of names added or deleted on appeal |
50 | |
51(1) | Official voters list |
(2) | Copy to D.R.O.'s |
PART 5 | |
PERSONAL SECURITY PROTECTION | |
51.1(1) | Personal security protection on lists and records |
(2) | Content of application |
(3) | Personal security certificate |
(4) | Voters list requirements |
(5) | Placement of identifiers on voters list |
(6) | Procedures for voting |
(7) | Powers of the Chief Electoral Officer |
(8) | Public to be advised of right to protection |
PART 6 | |
NOMINATION OF CANDIDATES | |
52 | Qualification of candidate |
53(1) | Nomination paper |
(1.1) | Method of filing |
(1.2) | |
(2) | Requirements for validity |
(3) | Consent to endorsement |
(4) | Endorsement list |
(5) | Endorsement list of party applying for registration |
(6) | Verification of endorsement |
(7) | Forwarding of names on endorsement lists |
(8) | Service of documents |
(9) | Consent by telegram, etc. |
54 | Receipt for nomination paper |
55(1) | Receiving nominations |
(2) | Announcements of nominations |
56(1) | Withdrawal |
(2) | Notice of withdrawal |
57(1) | Acclamation |
(2) | Certificate to candidate |
(3) | Return of election materials |
58(1) | Where poll granted |
(2) | Corrections on election notice |
59 | Change of official agent |
60 | Death of candidate |
PART 7 | |
VOTING | |
DIVISION 1 | |
POLLING PLACES | |
ORDINARY POLLS | |
61(1) | Provision of polling places |
(2) | Location of polling places |
(3) | Ease of access |
INSTITUTIONAL POLLS | |
62(1) | Institutional polls |
(2) | Polls in health care facilities and correctional facilities |
(3) | Polling places |
(4) | Poll may be stationary or move from place to place |
(5) | Poll may move from one facility to another |
(6) | Hours of operation |
(7) | Voting facilities |
(8) | Type of ballot for an institutional poll |
(9) | Voting by special blank ballot |
(10) | Conduct of institutional polls |
REMOTE MOBILE POLLS FOR SPARSE | |
63(1) | |
(2) | |
(3) | Hours of operation |
(4) | Voting facilities |
64 | |
ADVANCE POLLS | |
65(1) | Establishing advance polls |
(2) | Ease of access |
(3) | Publication of dates and places of advance polls |
(4) | Days of advance poll |
(5) | Additional advance polls |
(6) | Conduct of advance polls |
(7) to (10) | |
(11) | |
GENERAL POLLING PLACE REQUIREMENTS | |
66(1) | School houses to be used |
(2) | Holiday in school where used |
67(1) | Change of polling place |
(2) | Identifying a poll |
68(1) | Voting compartments in poll |
(2) | |
(3) | Equipment of compartment |
(4) | Pencil |
69 | Rent of polling place |
70(1) | Posting notice of secrecy |
(2) | |
71(1) | Polling places in large subdivisions |
(2) | Division of list |
72(1) | Hours of polling on polling day |
(2) | Hours of advance polling |
DIVISION 2 | |
BALLOTS AND BALLOT BOXES | |
73(1) | Ballots to be printed papers |
(2) | Form of ballot |
(3) | Paper supplied for ballot paper |
(4) | Returning officer to have ballots printed |
(5) | Special blank ballots |
(6) | Stubs |
(7) | Names on ballot |
(7.1) | Names in alphabetical order |
(8) | Name of registered political party |
(9) | Numbering of stub |
(10) | Affidavit of delivery |
(11) | Returning officer to supply ballots to D. R. O. |
(12) | Where candidate has withdrawn |
74(1) | Delivery of ballot box to R. O. |
(2) | Type of ballot boxes |
(3) | Delivery of ballot boxes to D. R. O. |
(4) | Contents of ballot box |
(5) | D. R. O. may make box |
(6) | Property in ballot boxes, etc. |
75(1) | Directions for voters |
(2) | Posting of directions |
DIVISION 3 | |
RIGHT TO PRESENCE IN POLL | |
76(1) | D. R. O. to attend before opening |
(2) | Checking materials |
77(1) | Scrutineers |
(2) | Scrutineers in polling places |
(3) | Scrutineers may examine voters lists |
(4) | Scrutineers may be provided with record of voters |
78 | Persons who may remain in poll |
DIVISION 4 | |
CONDUCT OF POLLS | |
79(1) | Treatment of ballot box |
(2) | Placing of ballot box |
(3) | |
(4) | Poll clerk to accompany D. R. O. |
(5) | Voting outside polling place |
80 | |
81(1) | Sealing of ballot box |
(2) | Access to ballot box |
(3) | Reopening of ballot box for opening |
(4) | Proceedings at close of poll |
DIVISION 5 | |
VOTERS | |
82 | Persons entitled to vote |
83(1) | Right to vote at advance poll |
(2) | Declaration of voter |
(3) | List of voters at advance poll |
(4) | Record of voting at advance poll |
84 | Voter presenting himself for voting |
85(1) | Persons not on list entitled to vote |
(2) | Production of identification documents |
(3) | Oath |
(3.1) | Name added |
(3.2) | Scrutineers permitted |
(4) | Application of section to advance polls |
86(1) | Oath of voter |
(1.1) | Challenge of voter by candidate, scrutineer, etc. |
(1.2) | Challenge of voter by deputy returning officer |
(1.3) | Effect of no reason being given |
(2) | Refusal to take oath |
(3) | Refusal of oath |
87(1) | Proof of citizenship |
(2) | Certificate of Canadian citizenship |
88(1) | Persons not understanding language |
(2) | Interpreter not available |
(3) | Oath of interpreter |
(4) | D. R. O. or poll clerk as interpreter |
89(1) | Employees time for voting |
(2) | Offence and penalty |
90 | |
DIVISION 6 | |
91 | Voting by ballot |
92(1) | D. R. O. to give ballot to voter |
(2) | Explanation to voter |
(3) | How to mark a regular ballot |
(4) | How to mark a special blank ballot |
(5) | Voting without delay |
(6) | No one allowed in compartment |
93(1) | Entries in poll book |
(2) | Other information |
94(1) | Voter requiring assistance – use of template |
(2) | Voter requiring assistance of friend or D.R.O. |
(3) | Friend must take oath |
(4) | Friend may assist only two voters |
(5) | Entries in poll book |
95 | Applying for ballot deemed to be tendering vote |
96(1) | |
(2) | Entries in poll book |
97 | Spoiled ballot |
98(1) | Secrecy of voting |
(2) | Voter may not be required to reveal vote |
99 | Voter not to show ballot |
100(1) | Declining to vote – regular ballot |
(2) | Declining to vote – special blank ballot |
HOMEBOUND VOTERS – VOTING AT HOME | |
101(1) | Application to vote at home |
(2) | When application must be made |
(3) | Information required for application |
102(1) | Ballot sent to voter |
(2) | Name crossed off the voters list |
(3) | Record of voters to be kept |
(4) | How to vote |
(5) | When ballot is returned |
ABSENTEE VOTING | |
103(1) | Application to vote as an absentee voter |
(2) | When and to whom application is made |
104(1) | |
(2) | |
(3) | Content of application |
(4) | Legible photocopies acceptable |
(5) | |
(6) | Removal of names from absentee registry |
(7) | Names on registry provided to returning officer |
(8) | Duty of returning officer |
105(1) | Application to returning officer if writ issued |
(2) | |
(3) | Content of application by person outside Manitoba |
(4) | Content of application by person in Manitoba |
(5) | Duty of returning officer |
(6) | Voter's responsibility to get ballot |
106 | Type of ballot |
107(1) | Material with special blank ballot |
(2) | Name crossed off the voters list |
(3) | |
(4) | How to vote |
(5) | When ballot is returned |
108(1) | Procedure for counting ballots |
(2) | Statement of absentee voting |
109 and 110 | |
DIVISION 7 | |
POLITICAL ACTIVITIES ON VOTING DAYS | |
111(1) | Distribution of circulars, etc., near polling place |
(2) | Removal of signs, etc., near polling place |
(3) | Failure to comply with request to remove signs, etc. |
112(1) | Flags, etc. on election day |
(2) | Exception |
PART 8 | |
COUNTING THE VOTE | |
DIVISION 1 | |
CLOSING POLLS AND COUNTING BALLOTS | |
ORDINARY POLLS | |
113 | Closing poll |
114 | Duties respecting spoiled ballots |
115(1) | Counting names on poll book |
(2) | Count number of ballots |
(3) | Discarded ballots |
116(1) | Ballots to be rejected in count |
(2) | Marks allowed on ballot |
(3) | Dots, etc. on ballots |
(4) | Other pencils, etc. |
117(1) | Objections to be noted in poll book and given number |
(2) | Numbering of objections |
(3) | Endorsement, etc., of rejected and objected to ballots |
118(1) | Accepted and declined ballots arranged in piles |
(1.1) | Counting declined ballots |
(2) | Counting allowed ballots |
119(1) | Announcing results |
(2) | Statement of counts |
(3) | Disposal of copies |
120(1) | Sealing up unendorsed ballots |
(2) | Arranging envelopes of ballots |
121(1) | Disposition of election papers |
(2) | Delivery of ballot box to returning officer |
122 | Closing of polling place |
123(1) | Counting homebound ballots |
(2) | Statement of poll |
INSTITUTIONAL POLLS | |
124(1) | Procedure on closing an institutional poll |
(2) | |
(3) | Ballots sent to returning officer |
(4) | Time and place for counting ballots |
(5) | Rejection of certain special blank ballot envelopes |
(6) | Opening of special blank ballot envelopes |
(7) | Rejection of special blank ballots |
(8) | Marks allowed on special blank ballot |
(9) | Allocating special blank ballots to candidates |
(10) | Counting special blank ballots |
REMOTE MOBILE ORDINARY POLLS | |
125 | Procedure on closing remote mobile ordinary poll |
REMOTE MOBILE ADVANCE POLLS | |
125.1 | Procedure on closing remote mobile advance poll |
DIVISION 2 | |
TALLYING VOTES | |
126(1) | Duties of returning officer on receipt of ballot box |
(2) | Correcting statements |
(3) | Totalling counts |
127 | Declaration of election |
128(1) | Application for recount |
(1.1) | Judge to be a voter in different electoral division |
(2) | Delay in declaration for judicial recount |
129(1) | Statements to candidates |
(2) | Statements retained for 10 days |
(3) | Sealing election papers |
130(1) | Announcement adjourned if ballot boxes delayed |
(2) | Where reason for delay not resolved |
(3) | Opening ballot box for retrieval of documents, etc. |
DIVISION 3 | |
JUDICIAL RECOUNT AND APPEAL | |
131(1) | Application for judicial recount |
(1.1) | Deadline for application |
(1.2) | Judge not to be a voter in that electoral division |
(2) | Fixing date, etc., of recount |
(3) | Parties to judicial recount |
(4) | Notice of judicial recount to C. E. O. |
132 | Notice of recount |
133 | Return to be delayed pending decision |
134(1) | Election officers to attend |
(2) | |
135(1) | Judicial recount procedure |
(1.1) | Powers of judge |
(1.2) | Role of court officials |
(2) | Proceedings continuous |
(3) | Sealing up documents during recess |
(4) | |
(5) | Oral evidence |
(6) | Sealing up papers at close of hearing |
136(1) | Judge's certificate held pending appeal |
(2) | Certification of result where no appeal |
(3) | Delay of certificate on appeal |
(4) | Copies of certificate |
137(1) | No costs on judicial recount under section 128 |
(2) | Costs on judicial recount under section 131 |
(3) | Witness fees |
138(1) | Appeal from decision of judge |
(2) | Duty of judge |
(3) | Duty of registrar |
(4) | Time of hearing |
(5) | Decision of court |
(5.1) | Role of court officials |
(6) | Costs |
139 | Declaration after judicial recount |
139.1(1) | New election if equal number of votes |
(2) | Issuing a writ for a new election |
(3) | Date of the writ |
(4) | Content of the writ |
DIVISION 4 | |
RETURN OF WRIT | |
140(1) | Return of the writ if no recount |
(1.1) | Return of the writ if recount held |
(2) | Statement to accompany return |
(3) | Return of election materials |
(4) | Affidavit with return |
141(1) | Report on election organization |
(2) | Information for statement |
DIVISION 5 | |
PUBLICATION OF RESULTS | |
142(1) | Notice and publication of return |
(2) | Publication of detailed returns |
142.1 | Delivery of voters lists to parties |
143(1) | Retention of election papers |
(2) | Archives of Manitoba |
144 | Inspection of election documents |
PART 9 | |
OFFENCES AND PENALTIES | |
145(1) | Influencing votes, etc. |
(2) | Agreeing to vote, etc. |
(3) | Receiving benefits for voting, etc. |
(4) | Additional penalty |
146(1) | Personal expenses of candidates |
(2) | Distributing pamphlets |
147 | Treating |
148(1) | Making or solicitation of donations |
(2) | Exemption |
(3) | Donations at meetings, etc. |
149(1) | Candidate may not bet on election |
(2) | Betting to influence election |
150(1) | Restraint on voters |
(2) | False representation that vote not secret |
151 | Personating voter |
152 | Voting without right |
153 | Appointment of official on false pretences |
154 | Publishing false statement of withdrawal |
155 | Defamation of candidate |
155.1 | Failure to grant leave from employment, etc. |
156(1) | False entries in voters lists |
(2) | False statements respecting voters lists |
157 | Refusal or neglect to deliver ballot box |
158 | Falsifying poll book or voters list |
159 | Election material improperly taken |
160 | Destroying ballots, etc. |
161 | False counts, etc. |
162(1) | Destroying election notices, etc. |
(2) | Notice of offence |
163 | Refusal to provide voters lists, etc. |
163.1(1) | Misuse of voters list |
(2) | |
163.2 | Obstruction of Chief Electoral Officer |
164 | Penalty for election offence |
165(1) | Offence |
(2) | Penalty for offences |
165.1 | Limitation period for prosecutions |
166 | Parol evidence of writ |
167 | Fact of election by returning officer's certificate |
168 | Restrictions on prosecutions |
169(1) | Crown not to prosecute |
(2) | Intervention in proceeding |
170 | Status in prosecutions |
171(1) | Election offence by candidate or official agent |
(2) | Where election not voided |
(3) | Candidate acting in ignorance but in good faith |
172 | Second election not voided by election offences at first |
173 | Corrupt vote not to be counted |
174 | Election not invalid for irregularities |
PART 10 | |
MISCELLANEOUS PROVISIONS | |
174.1(1) | Investigations by the Chief Electoral Officer |
(2) | Chief Electoral Officer may appoint investigator |
(3) | Records |
(4) | Warrant |
(5) | Investigation in private |
174.2(1) | Right of candidate to enter multiple residence |
(2) | Access to health care and correctional facilities |
(3) | Right of candidate to enter communities |
(4) | Definition of "community" |
174.3(1) | Election posters and signs |
(2) | Permitted restrictions |
175 | Regulations |
176 | Forms |
177 | Expenses of election paid out of Consolidated Fund |
178 | Amendments |