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 |