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C.C.S.M. c. E30

The Elections Act

Back to the 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