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C.C.S.M. c. M257
The Municipal Councils and School Boards Elections Act
| 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 | ||
| 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 | |