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The Elections Act
This is an unofficial archived version of The Elections Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. E30

The Elections Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"ballot" and "ballot papers" means the paper by which a voter casts his vote at an election; ("bulletin de vote")

"by-election" means an election other than a general election; ("élection partielle")

"campaign period" means the period commencing on the date of issue of a writ or writs for an election and ending two months after polling day for that election; ("période de campagne électorale")

"candidate" means a person

(a) who is nominated in accordance with this Act as a candidate seeking to be elected as a member of the assembly, or

(b) who on or after the day of the issue of a writ of election for an election in an electoral division or after the death or resignation of a member of the assembly for an electoral division has publicly announced, himself or through another, that he intends to seek to be elected as the member of the assembly for the electoral division, or

(c) who, after the dissolution of the assembly publicly announces, himself or through another that he intends to seek to be elected as a member of the assembly; ("candidat")

"election" means

(a) a by-election to elect a person as a member of the Assembly, or

(b) a general election to elect persons as members of the Assembly; ("élection" )

"election documents" means election papers; ("documents d'élection")

"election offence" means an offence under this Act or any other Act of the Legislature that is declared by this Act or the other Act, as the case may be, to be an election offence; ("infraction électorale")

"election officer" means a returning officer, election clerk, deputy returning officer, poll clerk or revising officer; ("personnel électoral")

"election papers" means the papers required under this Act to be transmitted by the returning officer to the Chief Electoral Officer after an election, and, without limiting the generality of the foregoing, include

(a) writs of elections with the returns of the elections endorsed thereon,

(b) nomination papers filed by candidates,

(c) enumerators' record books,

(d) statements of polls after the count by the deputy returning officers,

(e) poll books used at polls,

(f) ballot papers,

(g) certified lists of electors used at polls, including any lists of additions thereto, and

(h) any written oath required under this Act; ("documents d'élection")

"election period" means the period commencing on the date of the issue of a writ for an election and ending on the polling day for the election and "during an election" means during an election period; ("période électorale" )

"general election" means an election in respect of which election writs are issued for elections in all electoral divisions; (" élections générales")

"hospital" means

(a) a hospital, or

(b) a sanatorium, or

(c) any other private or public institution for the care of sick or infirm persons, other than institutions for the care of mentally deficient persons or persons suffering from mental diseases, that has 50 or more beds or has been designated by the Chief Electoral Officer as a hospital for the purposes of this Act: ("établissement hospitalier")

"member" means a member of the assembly; ("député")

"official agent" means a person appointed by a candidate to represent the candidate during a campaign period; ("agent officiel" )

"patient" means a person who is being treated or cared for in a hospital as an in-patient as defined in The Health Services Insurance Act; ("malade")

"political party" means an association, organization or affiliation of voters comprising a political organization whose prime purpose is the nomination and support of candidates at elections; ("parti politique")

"polling day" means the day fixed under this Act for the holding of polls, other than advance polls, at an election; ("jour du scrutin")

"prescribed" where used to refer to a prescribed form, means prescribed by the Chief Electoral Officer and, where used to refer to any other prescribed thing, means prescribed by the regulations: ("prescrit")

"registered political party" means a political party registered under The Elections Finances Act; ("parti politique inscrit")

"rural polling subdivision" means a polling subdivision that is not an urban polling subdivision; ("section rurale")

"scrutineer" means a person appointed by a candidate as a scrutineer to represent the candidate at polls; ("représentant d'un candidat")

"urban polling subdivision" means a polling subdivision all or part of which is within a city or town; ("section urbaine")

"voter" means a person entitled to vote at an election or voting at an election; ("électeur")

"voters list" means the list of persons who are qualified to vote in a polling subdivision at an election and "voters lists for an electoral division" means all the voters lists for all the polling subdivisions in the electoral division; ("liste électorale")

"writ" means the document addressed by the Chief Electoral Officer to a returning officer of an electoral division requiring the returning officer to hold an election in the electoral division. ("décret")

Endorsement of candidate.

2

For purposes of this Act, a candidate is endorsed by a political party where

(a) the candidate consents to the endorsement in accordance with subsection 53(3) of this Act; and

(b) the candidate's name appears on the endorsement list filed by the political party under subsection 53(4) or subsection 53(5) of this Act.

Date of election.

3(1)

Notwithstanding that the declaration that a candidate has been elected at an election is made after the polling day at the election, a person declared to be elected at the election shall, for all purposes, be considered to have been elected on the polling day for the election and, where his election is declared void in an action under The Controverted Elections Act, no act or proceeding in which he took part as a member of the Legislature between the date of the polling day for the lection and the date the election is declared void is invalid solely by reason of the election being void.

Day fixed falling on holiday.

3(2)

Where, under this Act, the day fixed for the taking of any proceeding or the doing of any thing falls on a holiday, the proceeding may be taken or the thing may be done on the next following day that is not a holiday.

Period expiring on holiday.

3(3)

Where under this Act the time limited for the taking of any proceeding or the doing of any thing expires on a holiday, the proceeding may be taken or the thing may be done on the next following day that is not a holiday.

Authority to take affidavits.

4(1)

Except where otherwise specifically provided herein, any oath, affirmation, affidavit, statutory declaration or other declaration that, under this Act, is required or authorized to be administered, sworn, affirmed, taken, made or declared may be so administered by, or sworn, affirmed, taken, made or declared before

(a) any person by or before whom, under The Manitoba Evidence Act, an oath, affirmation, affidavit, or statutory declaration may be administered, sworn, affirmed, taken, made or declared within the province; or

(b) the Chief Electoral Officer, the deputy chief electoral officer or an election officer.

No one to take one's own oath.

4(2)

A person required or authorized under this Act to take, affirm, make, or declare an oath, affirmation, affidavit, statutory declaration or other declaration shall not administer the oath or affirmation to himself or take, affirm, make, or declare the affirmation, affidavit, statutory declaration or other declaration before himself.

No fee for taking oath.

4(3)

Where under this Act, any person to whom reference is made in subsection (1) administers an oath or affirmation, or takes or receives an affirmation, affidavit, statutory declaration, or other declaration, he shall do so without fee or charge.

Affirmations in place of oath.

4(4)

Where a person required or desiring to give evidence or take an affidavit or oath objects to being sworn and states, as the grounds of his objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief, or if a person is objected to as incompetent to take an oath, he shall be permitted to make a solemn affirmation or declaration instead of taking an oath in the manner provided in The Manitoba Evidence Act and upon the person making such a solemn affirmation or declaration, his evidence or affirmation or declaration shall be taken and has the same effect as if taken or made under oath by way of affidavit.

Form of affirmation.

4(5)

Where a person to whom subsection (4) applies is about to give evidence on affirmation or declaration, it shall be in the form set out below, and any prescribed form of affidavit or oath shall be varied accordingly:

I (You) A. B. , solemnly affirm (or declare) that the evidence to be given by me (you) shall be the truth, the whole truth, and nothing but the truth.

CHIEF ELECTORAL OFFICER

Appointment of Chief Electoral Officer.

5(1)

The Lieutenant Governor in Council shall appoint a Chief Electoral Officer for the province of Manitoba.

Salary.

5(2)

The Chief Electoral Officer shall be paid a salary fixed by the Lieutenant Governor in Council which shall be charged to and paid out of the Consolidated Fund.

Reduction of salary.

5(3)

The salary of the Chief Electoral Officer shall not be reduced except on resolution of the assembly carried by a vote of 2/3 of the members of the assembly voting thereon.

Term of office.

6(1)

The Chief Electoral Officer shall hold office during good behaviour but he shall be retired from office in accordance with the provisions of The Civil Service Superannuation Act.

Removal or suspension.

6(2)

The Lieutenant Governor in Council, on a resolution of the assembly, carried by a vote of 2/3 of the members of the assembly voting thereon, may remove the Chief Electoral Officer from office or suspend him.

Suspension of Chief Electoral Officer.

6(3)

Upon the written advice of the majority of a committee consisting of a President of the Executive Council and the recognized leaders of the members belonging to the several political parties in opposition, the Lieutenant Governor in Council, for cause assigned, may at any time suspend the Chief Electoral Officer from office.

Action by assembly on suspension.

6(4)

Where the Chief Electoral Officer is suspended, unless the suspension is sooner rescinded, the Attorney-General shall

(a) before the end of the current session of the Legislature, if it is in session at the time of the suspension; or

(b) before the close of the next session of the Legislature, if it is not in session at the time of the suspension;

bring the matter before the assembly by way of a resolution for its consideration and action thereon.

Application of Civil Service Act

7(1)

The Chief Electoral Officer is not subject to The Civil Service Act but he is entitled to the privileges and perquisites of office, including holidays, vacations, sick leave, and severance pay, of a member of the civil service who is not covered by a collective agreement.

Application of Civil Service Superannuation Act.

7(2)

The Chief Electoral Officer is an employee within the meaning of The Civil Service Superannuation Act.

Chief Electoral Officer not to vote, etc.

8

The Chief Electoral Officer shall not engage or participate in any way in partisan political activities and shall not vote in any election.

Appointment of Deputy Chief Electoral Officer and staff.

9(1)

A Deputy Chief Electoral Officer, and such other officers and employees as are necessary to enable the Chief Electoral Officer to perform his duties, shall be appointed in accordance with The Civil Service Act.

Power of deputy to act in place of C. E. O.

9(2)

Where the office of Chief Electoral Officer is vacant, or where the Chief Electoral Officer is, by reason of absence, incapacity or any other cause, unable to act, the Deputy Chief Electoral Officer shall act as the Chief Electoral Officer until the vacancy is filled, or during the period that the Chief Electoral Officer is unable to act, and when acting as Chief Electoral Officer under this subsection, the Deputy Chief Electoral Officer is charged with, and shall perform, the duties of, and has all the powers, rights, privileges and authority granted to, or vested in, the Chief Electoral Officer under this Act.

Powers and duties of C. E. O.

10(1)

The Chief Electoral Officer shall

(a) exercise general direction and supervision over the administrative conduct of elections;

(b) enforce fairness, impartiality and compliance with this Act on the part of all election officers;

(c) issue to election officers such instructions as he may deem necessary to ensure the effective execution of this Act; and

(d) perform such other duties as are prescribed by or under this Act or any other Act of the Legislature.

Reports to Assembly.

10(2)

The Chief Electoral Officer shall, after each election, make a report to the Speaker on the conduct of the election and may, in the report, make recommendations respecting amendments to this Act or changes in the procedures to be followed at elections and the Speaker shall cause the report to be laid before the assembly forthwith if the assembly is in session and if the assembly is not in session, within 15 days of the beginning of the next ensuing session.

Review of report by Committee.

10(3)

Where the report of the Chief Electoral Officer contains recommendations respecting amendments to this Act or changes in the procedures to be followed at elections, the report shall stand referred to the Standing Committee of the Assembly on Privileges and Elections for consideration of those matters.

Special powers of C. E. O.

10(4)

In addition to other powers, duties and functions given or imposed on the Chief Electoral Officer under this or any other Act of the Legislature, he may

(a) extend the time for doing anything under this Act;

(b) increase the number of election officers or enumerators;

(c) increase the number of polling stations;

(d) omit or vary any of the prescribed forms to suit the existing circumstances;

(e) prescribe forms for the purposes of this Act;

(f) modify a provision of this Act to permit its use at a by-election;

(g) generally adapt the provisions of this Act to existing circumstances; and

(h) exercise such other powers as are prescribed by or under this Act;

but he may not extend the hour for the opening or closing of an ordinary or advance poll or for accepting a nomination paper on the day fixed for close of nominations in an election.

Replacement of election officer.

10(5)

During an election, the Chief Electoral Officer may

(a) remove from office and replace an election officer upon his being satisfied that the officer

(i) refuses or neglects or is unable to act,

(ii) has failed to perform satisfactorily the duties of his office, or

(iii) is engaging in partisan political activities; and

(b) order the election officer to deliver to a person designated by the Chief Electoral Officer all material in the election officer's possession relating to his office.

Report on removal of returning officer.

10(6)

Where the Chief Electoral Officer removes a returning officer from office under subsection (5), he shall forthwith make a written report to the President of the Executive Council setting out

(a) the name of the returning officer removed from office and the name of the electoral division for which he was returning officer;

(b) the reasons for the removal; and

(c) the name and address of the person by whom the returning officer was replaced.

Notices by Chief Electoral Officer.

10(7)

The Chief Electoral Officer may make arrangements to have published in newspapers or magazines and broadcast by radio or television or otherwise, during the course of an election, such announcements and notices as he considers advisable concerning various aspects of the election and the duties and rights of election officials, persons qualified to vote, and voters under this Act.

Notices by Chief Electoral Officer in remote areas.

10(8)

The Chief Electoral Officer shall make arrangements for broadcast by radio or television or otherwise during the course of an election in a remote area of the province which has neither daily nor weekly newspaper, of announcements and notices that he considers advisable concerning the information required to be contained in the proclamation for the election and the information required to be forwarded by the returning officer to the Chief Electoral Officer under clause 58(l)(c).

ELECTION OFFICERS

Who may not be election officers.

11(1)

None of the following persons shall be appointed or act as an election officer or as an enumerator:

(a) Members of the Executive Council.

(b) Members of the Parliament of Canada or of the assembly.

(c) Judges of any court of Canada or any provincial court, or justices of the peace or magistrates.

(d) Persons who have at any time been found guilty by a competent court or tribunal of an election offence or who have been convicted by a competent court of an offence or dereliction of duty in violation of this Act or of any other Act previously in force in this province relating to elections.

(e) Persons convicted of an indictable offence within the five years immediately preceding the issue of the writ of election or who has served a term of imprisonment for an indictable offence that ended within the five years immediately preceding the issue of the writ of election.

Appointing substitute election officers.

11(2)

Where an election officer or an enumerator dies, or refuses to act, or is absent, or is incapacitated, unfit or unable from any cause to act, the person who has authority to appoint him may appoint some other person to act in the position of the election officer or enumerator.

Procedure on appointment of new returning officer.

12

Where a writ has been issued to a person in whose stead a new returning officer has been appointed, a new writ may be issued or the new returning officer may act under the writ already issued as if it had been addressed to him in the first instance and the validity of the proceedings had or taken by the first appointee is not affected by the appointment to the person in his stead but the new returning officer may appoint a new election clerk and new deputy returning officers to replace any appointed by the returning officer first appointed.

Oaths of election officers.

13(1)

Every election officer and enumerator shall, upon being appointed as an election officer or enumerator, forthwith take and subscribe an oath of office in the prescribed form and no other oaths of office are required while his appointment continues.

Oaths sent to Chief Electoral Officer.

13(2)

Every oath taken by an election officer under this Act shall be delivered or sent to the Chief Electoral Officer.

Acts by unqualified persons.

14

Where a person who is not qualified is appointed as an election officer or an enumerator, any act or proceeding done or taken by him is not invalid solely by reason of his not being qualified.

Penalty for refusing to act.

15

A person who, having accepted an appointment as an election officer or enumerator, refuses or neglects to take and subscribe an oath in the prescribed form or to perform the duties of his office is guilty of an offence and liable, on summary conviction, to a fine not exceeding $100.

Officer to notify C. E. O.

16(1)

If an election officer becomes aware, or has reason to believe or suspect, that any provision of the law as to secrecy has been violated, he shall communicate the particulars with all convenient speed to the Chief Electoral Officer.

Chief Electoral Officer acts.

16(2)

The Chief Electoral Officer, upon receiving a communication under subsection (1) from an election officer or from any other person, shall forthwith inquire into the case.

Appointment of returning officers.

17(1)

The Lieutenant Governor in Council may appoint a person who is a resident voter of an electoral division to be the returning officer of the electoral division and, unless his appointment is sooner rescinded or he dies or resigns, his appointment ceases upon the expiry of three months after he ceases to be a resident of the electoral division.

Notice of ceasing to act.

17(2)

Where a returning officer of an electoral division ceases to be a resident of the electoral division, he shall forthwith notify the Chief Electoral Officer by registered mail of his change of residence.

Appointments in anticipation of change of electoral division.

18(1)

In anticipation of the coming into force of any amendment to The Electoral Divisions Act changing the boundaries of an electoral division or establishing a new electoral division, the Lieutenant Governor in Council may appoint a person who is a resident of the area that will be included in the electoral division after the coming into force of the amendment, to be the returning officer of an electoral division as it will be after the coming into force of the amendment and any appointment so made shall be effective upon the coming into force of the amendment to The Electoral Divisions Act.

Powers of returning officer appointed under subsec. (1).

18(2)

Where an appointment of a person as the returning officer of an electoral division made under subsection (1) is to become effective upon the coming into force of an amendment to The Electoral Divisions Act, notwithstanding that his appointment is not yet effective, he

(a) may take his oath of office before the appointment becomes effective;

(b) shall, before his appointment becomes effective, proceed to subdivide the electoral division as it will be after being established or varied by the amendments to The Electoral Divisions Act, into polling subdivisions;

(c) may, before the appointment becomes effective, appoint enumerators and deputy returning officers who will be required for the electoral division in the event of an election therein;

(d) may, before the appointment becomes effective, make any other arrangements to prepare for an election in the electoral division that a returning officer may make before the issue of a writ of election; and

(e) may be paid in respect of duties or powers performed or exercised under this section in the same manner and in the same amounts as the returning officer may be paid in respect of duties or powers performed or exercised prior to the issue of a writ of election.

Restriction on voting by returning officer.

19

The returning officer for an electoral division shall not vote at an election in the electoral division except where, after a judicial recount of the votes or after an appeal from judicial recount, there is an equality of votes between two or more candidates and he is required under this Act to give a casting vote.

Appointment of election clerk.

20(1)

After taking the oath of office, the returning officer for an electoral division shall appoint in the prescribed form a resident voter of the electoral division to be the election clerk for the electoral division.

Additional election clerk.

20(2)

The returning officer of an electoral division may, in the same manner, with the written consent of the Chief Electoral Officer to each such appointment, appoint one or more resident voters of the electoral division to be additional election clerks for the electoral division.

Duties of election clerk.

20(3)

The election clerk shall assist the returning officer in the performance of his duties and if the returning officer dies or refuses or is unable to perform his duties or is disqualified from performing them and has not been replaced by another, the election clerk and, if there are more than one, the first appointed, shall without taking any further oath, act as returning officer and appoint a new election clerk.

Appointment of D. R. O's.

21(1)

The returning officer of an electoral division shall appoint a voter in the electoral division as a deputy returning officer for

(a) each polling subdivision in the electoral division;

(b) each special poll provided under section 62 in a hospital in the electoral division;

(c) each moving poll established in the electoral division under section 63 or 64; and

(d) each advance poll established in the electoral division.

Senior D. R. O.

21(2)

Where in an election more than three polls will be situated in a single building, the returning officer may appoint a senior deputy returning officer for the polls in the building to supervise the polling officers and assist them in carrying out their duties under this Act.

Appointment of poll clerks.

22(1)

To assist the deputy returning officers in administering polls, the returning officer of an electoral division shall appoint a voter in the electoral division as a poll clerk for

(a) each polling subdivision in the electoral division;

(b) each special poll provided under section 62 in a hospital in the electoral division;

(c) each moving poll established in the electoral division under section 63 or 64; and

(d) each advance poll established in the electoral division.

Duties of poll clerk.

22(2)

The poll clerk shall keep the poll book in the prescribed form and shall assist the deputy returning officer in the performance of his duties and shall obey his orders.

Poll clerk to act as D. R. O.

22(3)

Where the deputy returning officer is unable to perform the duties of his office, if no other deputy returning officer is appointed, the poll clerk shall act as deputy returning officer and perform all the duties and is subject to all the obligations of the deputy returning officer without taking the oath of a deputy returning officer.

Appointment of another poll clerk.

22(4)

Where a poll clerk acts as a deputy returning officer under subsection (3), he may in the prescribed form appoint another person as poll clerk to assist him in the performance of the duties of his office and may administer an oath in the prescribed form to him.

Commission and oath.

22(5)

The commission and oath of the poll clerk for a polling subdivision shall be endorsed on or attached to the poll book of the polling place for the polling subdivision.

Substitute poll clerk.

22(6)

Where a poll clerk is unable to act or to perform the duties of his office, the deputy returning officer may appoint another person as poll clerk and the commission and oath shall be endorsed on or attached to the poll book as provided in subsection (5).

D. R. O. and poll clerk from out of electoral division.

23

Where a returning officer is unable to find suitable persons to act as deputy returning officers or poll clerks for polling subdivisions, the Chief Electoral Officer may, in writing, authorize the returning officer to appoint voters who are not voters of the electoral division to be deputy returning officers or poll clerks for polling subdivisions in the electoral division.

Returning officer and D. R. 0. to be peace officers.

24(1)

Every returning officer, deputy returning officer and senior deputy returning officer from the time the writ of election is issued or he takes his oath of office, whichever is the later, until completion of the performance of his duties, is a peace officer invested with all the powers thereof and

(a) may require the assistance of constables or other persons present to aid him in maintaining peace and good order at the election;

(b) may swear in such special constables as he deems necessary;

(c) may arrest, or by oral order cause to be arrested, and place or cause to be placed in the custody of any constable or other person, anyone disturbing the peace and good order at the election; and

(d) may cause the arrested person to be imprisoned under an order signed by him until an hour not later than the close of the poll.

Constables.

24(2)

Where a returning officer or deputy returning officer considers it necessary to appoint a constable to preserve order at the polling place, he may appoint a person as constable for the polling place and the person so appointed has the powers of a peace officer during the hours that the poll is open.

PROCEEDINGS AT BEGINNING OF ELECTION

Writ commencing election.

25(1)

Every election shall be commenced by an order of the Lieutenant Governor in Council

(a) authorizing the issue of a writ of election in the prescribed form directed and addressed to the returning officer of each electoral division in which an election is to take place:

(b) fixing the date of the writ, which date shall be the same for all writs issued for a general election;

(c) appointing a Tuesday, not more than 29 days nor fewer than 14 days from the date of the writ, for the closing of nominations of candidates;

(d) providing that where a poll is granted, the day on which general polling shall take place shall be the Tuesday, the 21st day after the day appointed for the close of nominations or, if that day is a holiday, then the next following day not being a holiday; and

(e) directing that the writ shall be returnable as provided in this Act.

Transmitting writs.

25(2)

Upon receipt of the order, the Chief Electoral Officer shall issue in the prescribed form the writ or writs and shall cause each writ to be transmitted to the returning officer named therein.

Postponing election.

25(3)

If any occurrence renders it impossible to close nominations of candidates or to hold the election in an electoral division on the days mentioned in the writ, the Lieutenant Governor in Council may order the issue of a new writ in which the day for the close of nominations or the day of polling or both may be postponed to a day other than mentioned in clause (l)(c) and (d) and upon the issue of the new writ the election shall proceed in pursuance thereof.

Transmission of election materials.

26

Whenever it is deemed expedient or, at the latest, immediately after the issue of the writ of election, the Chief Electoral Officer shall furnish each returning officer with election forms and material of a nature, number and quantity determined by the Chief Electoral Officer.

Proclamation of election.

27(1)

Upon receiving a writ of election, the returning officer shall, at least two clear days before the day fixed in the writ for the close of nominations of candidates, publish a proclamation in a prescribed form under his hand setting out

(a) the place where nominations of candidates in the election shall be received which shall be the office of the returning officer;

(b) the day appointed for the close of nominations of candidates in the election and the time on that day after which nominations will not be received;

(c) where a poll is necessary, the day on which the poll will be held and the time at which the polls shall open and close;

(d) a statement that descriptions of the areas of the several polling subdivisions in the electoral division and the places at which the several polls shall be held for those polling subdivisions will be posted in the office of the returning officer and, in the case of an electoral division which contains one or more rural polling subdivisions, in each post office in the electoral division and in at least one other place in each rural polling subdivision in the electoral division;

(e) where a poll is necessary, the polling place and the days and hours fixed for taking votes at an advance poll;

(f) the place where, and the date on which, after polling day, he will attend and announce the result of the count of the votes and declare the candidate duly elected, or announce the date to which the declaration of the candidate elected is adjourned;

(g) the places where and the times when the revising officer will attend to hear and dispose of applications for revision of voters lists.

Time for receiving nominations.

27(2)

Nominations may be received by the returning officer at any time between the date of the writ and one o'clock in the afternoon of the day fixed for the close of nominations of candidates.

Publication of proclamation.

27(3)

The returning officer shall, forthwith, upon the issue of the proclamation, publish a copy thereof in each newspaper having a general circulation in the electoral division and forward to the Chief Electoral Officer a copy thereof, together with copies of the descriptions of the areas of the several polling subdivisions in the electoral division and the places at which the several polls shall be held for those polling subdivisions.

Posting of proclamations, etc.

27(4)

Upon the issue of the proclamation, the returning officer shall post a copy thereof together with a copy of the descriptions of the areas of the several polling subdivisions in the electoral division and the places at which the several polls shall be held for those polling subdivisions in a place in the office of the returning officer where they can be viewed by voters attending the office and, in the case of an electoral division which contains one or more rural polling subdivisions, in each post office in the electoral division and in at least one other conspicuous place in each rural polling subdivision in the electoral division.

Notice of general election.

28(1)

Where writs of election are issued in a general election, the Chief Electoral Officer shall publish in every newspaper in the province of which he has knowledge a notice that writs of election have been issued in every electoral division in the province and indicating the day fixed for the close of nominations of candidates and the polling day at the election.

Notice of by-election.

28(2)

Where a writ of election is issued for a by-election in an electoral division, the Chief Electoral Officer shall publish in each newspaper within the electoral division of which he has knowledge, a notice indicating the day fixed for the close of nominations of candidates in the election and the polling day at the election.

Subdivision of electoral division into polling subdivisions.

29(1)

Upon the establishment of a new electoral division or where the boundaries of an electoral division are changed or upon the request of the Chief Electoral Officer, the returning officer of an electoral division shall subdivide the electoral division into polling subdivisions.

Considerations on subdivision.

29(2)

In subdividing an electoral division into polling subdivisions, the returning officer of the electoral division shall

(a) give consideration to municipal and federal polling subdivisions, to geographical factors within the electoral division, and any other factor that affects the convenience of voters in getting to their appropriate polling place;

(b) take care that every part of the electoral division is included in a polling subdivision;

(c) wherever possible, include in a polling subdivision an area that contains approximately 250 voters; and

(d) wherever possible, avoid including in a polling subdivision an area that contains more than 350 voters.

Descriptions of polling subdivisions.

29(3)

Where a returning officer of an electoral division subdivides the electoral division into polling subdivisions, he shall identify each polling subdivision with a number and prepare an accurate description of the area within the polling subdivision.

Former polling subdivisions.

29(4)

Until a new subdivision of the electoral division into polling subdivisions is required under subsection (1), the polling subdivisions previously described shall continue to apply within an electoral division.

VOTERS LISTS

Appointment of enumerator.

30(1)

The returning officer of an electoral division shall, for each election in the electoral division, appoint in the prescribed form a competent and reliable person who is not a candidate in the election to be enumerator for each polling subdivision in the electoral division and deliver to the enumerator a copy of his instructions and the election material which he will require.

Enumeration.

30(2)

Each enumerator in an electoral division, immediately after a writ is issued for an election in the electoral division and after taking the oath of office, shall proceed to make and complete a typewritten list of the persons qualified as voters to vote at the election in the polling subdivision for which he is appointed giving a consecutive number to each name and the residence of each voter including, where the voter resides in apartment block or hotel, the number of the suite or room in which he resides.

Lists in urban polling subdivisions.

30(3)

Unless the returning officer directs the enumerator to arrange the names of the voters on the list in alphabetical order, a voters list prepared by an enumerator for an urban polling subdivision shall be arranged in geographical order, that is, by streets, roads and avenues.

Lists in other polling subdivisions.

30(4)

In rural polling subdivisions and in urban polling subdivisions where the returning officer has directed the enumerator to arrange the names of the voters in alphabetical order, the voters list shall be arranged in alphabetical order according to the first and second letters of the surnames of the voters.

Method of obtaining information in rural polling subdivisions.

30(5)

The enumerator in a rural polling subdivision shall obtain the information to complete the voters list from municipal or other voters lists or from any available source and, if it is necessary in any part of a subdivision, by a house to house canvass.

Method of obtaining information in urban polling subdivision.

30(6)

The enumerator in an urban polling subdivision shall obtain the information to complete the voters list by a house to house canvass and may supplement or verify the information so obtained from such other sources as may be available to him.

Memorandum for voter.

30(7)

Where an enumerator obtains the information to complete his list by a house to house canvass, he shall, for each voter whose name he puts on the voters list, complete a memorandum in the prescribed form in triplicate indicating that that voter's name will be included in the voters list to be prepared by him and shall leave one copy of the memorandum at the residence of the voter.

Call in cards.

30(8)

Where an enumerator does not obtain the information to complete the voters list by a house to house canvass, if, after calling at a residence twice, once during the daylight hours and once in the evening, he is unable to secure the information necessary concerning the persons residing in the residence, he shall leave at the residence a notice, in the prescribed form, indicating that he has called to obtain information for the voters list and been unable to obtain the information and that any person residing in the premises who is qualified to vote at the election may contact the enumerator and setting out the name, address and telephone number of the enumerator.

Enumerators' right of entry.

30(9)

For the purpose of obtaining information to complete voters lists, every enumerator, upon producing proper identification, shall be given free access to the entrance door to each dwelling unit in any building containing more than one dwelling unit.

Obstructing enumerator.

30(10)

Every person who obstructs an enumerator in the performance of his duties or the exercise of his rights under this Act is guilty of an offence.

Persons disqualified from voting.

31

In addition to persons disqualified from voting at provincial elections under this or any other Act of the Legislature, the following persons are disqualified from voting in an election and their names shall not be placed on a voters list:

(a) Judges of the Court of Appeal, of the Court of Queen's Bench and persons appointed as full-time provincial judges under The Provincial Court Act.

(b) Persons who are patients in mental hospitals or institutions for mental retardates.

(c) Persons who have been declared to be mentally disordered by an order of the Court of Queen's Bench made under The Mental Health Act and whose custody has been committed to a committee under that Act.

(d) Persons who are in gaols, prisons or places of detention serving a sentence imposed as punishment for an offence under the law.

Qualification for voters list.

32(1)

Subject to section 31, every person is entitled to have his or her name placed on a voters list for an election if the person

(a) is a Canadian citizen;

(b) is of the full age of 18 years or will attain that age on or before the polling day for the election; and

(c) has resided in Manitoba for at least six months immediately prior to polling day at the election.

Adding name where qualified after enumeration.

32(2)

A person who is or becomes qualified and whose name does not appear on the original list of voters, is entitled to have his name placed on the list of voters in accordance with the provisions of this Act.

Use of old lists.

33(1)

Where the date of the writ for an election in an electoral division is within one year of the date of the writ for the next previous election in that electoral division, the Lieutenant Governor in Council may order that the voters lists prepared for the previous election in the electoral division be used for the election in place of voters lists prepared by enumerators and in that event the returning officer is not required to appoint enumerators for preparing voters lists for the electoral division.

Forward list to returning officer.

33(2)

Where the voters lists for a previous election in an electoral division is ordered to be used for an election, the Chief Electoral Officer shall forward to the returning officer for the electoral division a copy of the voters lists for each polling subdivision in the electoral division certified by the Chief Electoral Officer as being the final revised voters lists for the previous election in the electoral division as recorded in his office and those voters lists shall be deemed to be the voters lists as prepared by enumerators for the election.

Use of information from other enumerations.

33(3)

Where, within one year before polling day at an election in an electoral division, a list of electors or a list of voters has been prepared under The Local Authorities Election Act by an enumeration within all or part of a polling subdivision in the electoral division, the enumerator for the polling subdivision may use the information obtained in preparing that list of electors or list of voters or disclosed on that list of electors or list of voters for the purpose of preparing a voters list for the election in the electoral division.

Residence within polling subdivision.

34(1)

Each person entitled to have his name on a voters list for an election in an electoral division is entitled to have his name placed on the voters list for the polling subdivision in which he resides on the polling day for the election.

Presumption for enumeration.

34(2)

For the purposes of the preparation of a voters list for an election by an enumerator, a person shall be presumed to reside on the polling day for the election in the place at which he had his residence on the date of the issue of the writ of the election.

Rules of residence.

35(1)

In determining a person's residence for the purposes of this Act, the following rules apply:

Rule 1 - The residence of a person is the premises where he lives and to which, whenever he is absent, he has the intention of returning.

Rule 2 - A person does not lose residence in the province by leaving the province for a definite purpose during a definite period of less than six months, if he intends to return to the province and reside within the province after that period.

Rule 3 - If a person leaves the province with the intention of remaining outside the province and making his home outside the province for a definite period of six months or more or for an indefinite time, he loses residence in the province notwithstanding that he entertains the intention of returning to the province at some future time.

Rule 4 - A person does not gain residence in the province if he comes to the province for a definite purpose for a definite period of less than six months without the intention of making his home in the province.

Rule 5 - The premises where a person's spouse and infant children, if any, reside shall be deemed to be that person's place of residence unless the person has taken up and continues a home at some other place with the intention of living there for an indefinite period separate and apart from the spouse and infant children, if any, in which case that other place shall be deemed to be that person's place of residence.

Rule 6 - Premises that are generally occupied by a person only during some or all of the months of May to October, inclusive, and generally remain unoccupied during some or all of the months of November to April, inclusive, shall be deemed not to be the place of residence of the person unless the person has no residential quarters in any other electoral division to which, on polling day, he might at will remove.

Rule 7 - Where a person temporarily lives in premises to allow him to attend an educational institution for a course of six or more months duration or to allow him to pursue his ordinary gainful occupation in a temporary situation for a limited period of six or more months duration, the premises shall be deemed to be his place of residence while he is living there.

Change of residence within province.

35(2)

Where a person changes his residence within Manitoba from one electoral division to another electoral division after the date of issue of the writ of election and before the Wednesday preceding the polling day for the election, he may apply to have his name placed on the voters list for a polling subdivision in that other electoral division to which he has changed his residence and, if the revising officer or the returning officer for that other electoral division is satisfied that the change in residence was bona fide and not for any purposes relating to the election, he may add the person's name to the voters list for a polling subdivision in that other electoral division.

Notice to other returning officers.

35(3)

Where a revising officer or a returning officer for an electoral division adds a name of a person to a voters list for a polling subdivision in his electoral division under subsection (2), he shall ascertain the address of the person prior to his change in residence and shall notify, in writing, the returning officer of the electoral division from which the person changed his residence indicating the name of the person, the address of his previous place of residence and the fact that he has added his name to the voters list for a polling subdivision in the electoral division to which the person has changed his place of residence and, if the person's name is on the voters list for a polling subdivision in the electoral division from which he changed his residence, the returning officer for that electoral division shall strike the person's name off that voters list.

Completion of list.

36(1)

Each enumerator shall complete, date and sign the voters list at least three days before the day appointed for the close of nominations of candidates.

Posting and delivery.

36(2)

The enumerator shall forthwith, after completing the voters list,

(a) post one copy thereof outside and adjoining the main entrance of the polling place, or at some other conspicuous place in the polling division near the polling place; and

(b) deliver the remaining copies to the returning officer.

Notice with posting of list.

36(3)

The enumerator shall attach to the copy posted by him under subsection (2) a notice in the prescribed form designating the dates on which, the times during which, and the places at which the returning officer or revising officer will attend for revision of the voters lists for the electoral division.

Fees of anumerator.

36(4)

Upon posting a copy of the voters list and delivering copies thereof to the returning officer as required, the enumerator shall furnish the returning officer with a statement of account for the money expended by him in the proper performance of his duties.

Copies of voters lists for public inspection.

37(1)

The returning officer shall place one copy of each of the voters lists completed by the enumerators in the electoral division on file in his office and shall allow public access thereto for the purpose of inspecting or making copies thereof at any reasonable time on any day, except a holiday, until the day before polling day.

Copy for printer.

37(2)

The returning officer shall forward one copy of each of the voters lists completed by the enumerators in the electoral division to a printer to be printed and shall send one copy to each of the candidates for whom a nomination paper has been filed in the election.

Manner of printing.

37(3)

The Chief Electoral Officer shall, for each electoral division, prescribe

(a) the manner in which the printing is to be done; and

(b) the number of copies of the voters lists to be printed.

Printing.

37(4)

The printer shall, within five days of receiving the voters lists from the returning officer, deliver to the returning officer, the number of printed copies prescribed by the Chief Electoral Officer printed on white paper.

Delivery to candidates.

37(5)

After the printed copies of the voters lists are delivered to the returning officer under subsection (4), he shall

(a) retain for his purposes and for the purposes of revision such number of copies thereof as he deems advisable;

(b) send to the Chief Electoral Officer five copies thereof;

(c) deliver or send by mall with postage prepaid to each nominated candidate in the electoral division in the election not more than 15 copies thereof: and

(d) after close of nominations, divide the surplus, if any, equally between the nominated candidates in the electoral division in the election and deliver the share of each candidate to him on request.

REVISION OF VOTERS LISTS

Sittings of revising officers.

38(1)

Where a poll is necessary for an election in an electoral division, each revising officer for the electoral division shall sit for the revision of the voters lists of the electoral division between 10:00 o'clock in the morning and 10:00 o'clock in the evening on the third and fourth days after the day appointed for the close of nominations of candidates at the election at places fixed by the returning officer of the electoral division.

Place for revision.

38(2)

In an electoral division that is wholly within a city or town, the returning officer shall fix one place where the revising officer shall sit and in an electoral division that is not wholly within a city or town, the returning officer shall fix two or three places, and, with the approval of the Chief Electoral Officer, may fix as many as five places, where revising officers shall sit.

Appointment of revising officers.

38(3)

The returning officer of an electoral division may act as a revising officer for the electoral division and may, in the prescribed form, appoint one or more other competent and reliable residents of the electoral division who are not candidates in the election as revising officers for the electoral division as may be required.

Notice to enumerator.

38(4)

The returning officer shall, at least five days before the day for the completion of the voters lists by the enumerator, notify the enumerator of the dates, times and places of the revising officer's sittings so that the enumerator may duly post up his notice of the revision.

Notice of revision in Winnipeg.

38(5)

In the case of an election in one or more electoral divisions in The City of Winnipeg, the Chief Electoral Officer shall cause to be published on several occasions before the completion of the revision of the voters lists, including the day before and the first day of the revision, in each daily newspaper having a wide circulation in The City of Winnipeg, a notice

(a) warning residents of The City of Winnipeg that if they did not receive a memorandum indicating their names would be included on a voters list, their names might have been omitted from the voters lists; and

(b) giving the date, time, and the places when and where the revising officers of the several electoral divisions in The City of Winnipeg will attend for the purpose of hearing and disposing of applications for the revision of voters lists of the electoral divisions in The City of Winnipeg.

Notice of revision in other electoral divisions.

38(6)

In the case of an election in an electoral division which does not include any part of The City of Winnipeg, the returning officer shall cause to be published in a newspaper having a general circulation in the electoral division, before and as near to the date of revision as possible, a notice

(a) advising people to ascertain whether their names are on the voters lists of the electoral division;

(b) giving the address and the telephone number, if any, of the office of the returning officer and the times at which information respecting the voters lists for the electoral division may be obtained at that address or telephone number; and

(c) giving the date, time and places where and when the revising officers will attend for the purpose of hearing and disposing of applications for the revision of the voters lists of the electoral division.

Other notices of revision.

38(7)

The Chief Electoral Officer shall make such arrangements as he deems advisable to have published by newspaper or magazine and broadcast by radio or television prior to and on the days of the revision of voters lists announcements

(a) advising people to ascertain whether their names are on the voters lists and, if not, to apply to have their names placed on the voters lists at the revision of the voters lists; and

(b) advising that information with respect to the placing of names on the voters lists in the electoral divisions may be obtained from the returning officer of the respective electoral divisions.

Revision process.

39

On the days and at the time provided herein and at the place fixed by the returning officer of the electoral division, a revising officer for an electoral division shall attend for the purpose of hearing and disposing of applications for the revision of the voters lists and shall hear and dispose of all such applications, making the necessary additions, deletions, corrections and alterations and initialling them.

Who may apply for correction.

40(1)

A person resident in any polling subdivision in an electoral division whose name has not been included or has been incorrectly included by the enumerator in the voters list for the polling subdivision may apply to the revising officer of the electoral division to have his name added to the voters list or to cause the entry in the voters list relating to him to be corrected.

Application for entering on list.

40(2)

Every person applying under subsection (1) to have his name added to a voters list or to cause an entry on a voters list to be corrected shall sign an application in which all the information shall be sufficiently filled in either by the applicant or by the revising officer at the applicant's request and before entering the name of the person on the voters list or correcting the voters list, as the case may require, the revising officer shall require the applicant to take an oath in the prescribed form and shall satisfy himself that the applicant understands the effect of the statements in the application and the oath and that the applicant is entitled to have his name added to the voters list or to have the voters list corrected in accordance with the application.

Absence through sickness, etc.

40(3)

If a person who claims to be entitled to have his name added to a voters list for a polling subdivision or to have an entry on the voters list relating to him corrected is unable to attend in person at the revision by reason of sickness or disability or unavoidable absence from the electoral division, a relative of the person by blood or marriage may appear before the revising officer and if he substantiates

(a) the cause for the non-appearance of the person immediately concerned;

(b) the existence of a relationship by blood or marriage; and

(c) the facts relevant to the qualification, name, address and identity of the person immediately concerned so far as the facts are requisite to cause the name of the person to be added to the voters list or cause the voters list to be corrected; the revising officer may allow him to complete the application and take an oath in the prescribed form and if he is satisfied as provided in subsection (2) may add the name of the person immediately concerned to the voters list for the polling subdivision or correct the voters list in accordance with the application, as the case may require.

Application by enumerator.

40(4)

Where an enumerator, in preparing a voters list for a polling subdivision, inadvertently omits to include therein the name of any person who is entitled to have his name on the voters list, the enumerator may apply to the revising officer of the electoral division to have the name of the person added to the voters list and take an oath in the prescribed form and the revising officer, if he is satisfied that the person is entitled to have his name on the voters list, may thereupon add the name to the voters list.

Deletions from list.

41(1)

A person whose name is on the voters list for an electoral division for an election may apply to the revising officer to have the name of a person on a voters list in the electoral division, including his own name, struck off the voters list.

Applications for deletion of name.

41(2)

Every person applying to have a name struck off a voters list under subsection (1) shall sign an application in which all information is sufficiently filled in either by the applicant or by the revising officer at the applicant's request and shall take an oath in the prescribed form and, before striking the name off the voters list, the revising officer shall satisfy himself that the applicant understands the effect of the statements in the application and, unless he is satisfied that the name is that of a qualified voter, shall strike the name off the voters list by drawing a line through the name on the voters list in his possession.

Notice to person whose name struck off.

41(3)

Unless the name struck off a voters list is that of a person known to the revising officer to be dead, or the name of the applicant, the revising officer, forthwith after striking the name off the voters list, shall forward by certified mail accompanied by an acknowledgment receipt card to the person whose name was struck off a notice in the prescribed form directed to the address of the person as it appears on the voters list notifying him that his name has been struck off the voters list.

Correction of errors.

42

Where in the course of a revision, the revising officer finds a name or residence of a voter to be inaccurately stated on a voters list, he shall make the necessary alteration to the voters list to correct the error.

Record of variations and applications.

43

Where a revising officer makes any alteration to a voters list or disposes of an application for adding a name to or striking a name off a voters list, he shall keep an accurate record thereof in accordance with directions of the Chief Electoral Officer.

Close of revision.

44(1)

At 10:00 o'clock in the evening of the second day of the revision, the revising officer shall close the doors of the room used for the revision and shall not thereafter admit any other person thereto for the purposes of revision but shall dispose of all applications of persons present in the room at that hour.

Closing of revision.

44(2)

At 10:00 o'clock in the evening of the second day of the revision, or as soon thereafter as the applications of all persons at that hour have been disposed of, the revising officer shall sign his revised voters list and forthwith deliver it to the returning officer.

Certificate on close of revision.

44(3)

Upon completing the revision of the voters lists for an electoral division, the revising officer shall subscribe at the foot of the revised lists and as close to the last name thereon as possible, certificates in the prescribed form and thereafter he shall make no change in the voters lists except as hereinafter provided.

Representatives permitted to be present at revision.

45(1)

A revising officer for an electoral division shall permit to be present in the room in which the revision is taking place two representatives of each candidate nominated in the election in the electoral division but no such representative shall, except as permitted by the revising officer, take part or intervene in the proceedings other than to make an objection.

Appointment of constables.

45(2)

A revising officer sitting at a revision may, if necessary, appoint constables to maintain order and to arrest and detain persons who are guilty of personation or attempted personation or who impede or improperly interrupt the proceedings or create a disturbance at the revision.

Printing of corrected lists.

46(1)

Upon receiving the various corrected voters lists from the revising officer, the returning officer shall have the revisions to the lists printed on paper of a colour other than white in such number as the Chief Electoral Officer may require.

Distribution of corrected list.

46(2)

After printed copies of the revisions to the voters lists are delivered to the returning officer, the returning officer shall

(a) deliver or send by mail with postage prepaid to each candidate in the electoral division in the election such number of copies thereof, not exceeding 15, as the candidate may request;

(b) send five copies to the Chief Electoral Officer;

(c) retain for his purposes, and for the purposes of appeal, such number of copies thereof as he deems advisable; and

(d) divide any surplus equally by the number of candidates nominated in the electoral division in the election and send to each candidate, on request, all or part of his share of the surplus.

Preparation of voters lists for polling subdivisons.

47

The returning officer may cause the voters lists for the electoral division completed by the enumerator and the revisions to the voters lists and the sheets containing them to be so bound and fastened that the enumerators voters lists and the revisions to the voters lists for each polling subdivision may be readily detached and used separately from the remainder.

Application to add unenumerated names.

48(1)

Where, at any time before the opening of polls on the general polling day at an election in an electoral division, the returning officer for the electoral division is of the opinion that the names of a number of voters in the electoral division have been omitted from the voters lists of the electoral division by reason of the area of the electoral division in which the voters reside not being assigned to any enumerator or by reason of an enumerator failing to enumerate the voters in an area of the electoral division, the returning officer, upon notice to each candidate in the election in the electoral division or his agent, may apply to the Chief Electoral Officer for authority to add the names of the voters to the appropriate voters list in the electoral division and the Chief Electoral Officer may authorize the addition of the names to the appropriate voters lists in the electoral division.

Addition of names to list.

48(2)

Where the Chief Electoral Officer authorizes the addition of names of voters to a voters list under subsection (1), the returning officer of the electoral division shall forthwith deliver to each candidate in the election in the electoral division or his agent a list of the names so added.

Service of notice.

48(3)

Notice required to be given under subsection (1) may be given by personal service, by telegram or by telephone.

Appeal by person whose name struck off.

49(1)

Any person whose name has been struck off a voters list of an electoral division by the revising officer or the returning officer for the electoral division may appeal the decision of the revising officer or the returning officer.

Appeal of names added.

49(2)

Any person entitled to vote in an electoral division may appeal the decision of the revising officer or the returning officer of the electoral division to add a name to a voters list of the electoral division.

Appeals of refused applications.

49(3)

Any person who has made an application to the revising officer or returning officer of an electoral division to add a name to or strike a name off a voters list in the electoral division which has been refused by the revising officer or returning officer, may appeal the decision of the revising officer or returning officer.

Appeal to Queen's Bench.

49(4)

An appeal under this section in respect of a voters list of an electoral division shall be made by written application to a judge of the Court of Queen's Bench.

Notice of appeal to returning officer.

49(5)

Written notice of an appeal in respect of a voters list of an electoral division shall be given by the appellant to the returning officer of the electoral division at least 12 hours before the application is heard by the judge.

Form of notice.

49(6)

The notice given under subsection (5) shall set out the name of the judge to whom the application will be made, the name of the electoral division and the particulars of the decision to which the application relates, the name of the appellant, and

(a) where the appeal is from a decision to add a name to a voters list, the name and address of the person whose name was added to the voters list, and the name and address of the person who applied to have the name of the person added to the voters list;

(b) where the appeal is from a decision to strike a name off a voters list, the name and address of the person whose name was struck off the voters list and the name and address of the person who applied to have the name of the person struck off the voters list; and

(c) where the appeal is from a refusal to add a name to or strike a name off the voters list, the name and address of the person whose name the revising officer or the returning officer refused to add to or strike off the voters list.

Further notice of appeal.

49(7)

Upon receiving a notice of appeal under subsection (6), the returning officer shall attempt to give notice of the appeal and of the particulars thereof

(a) to the enumerator who in the first instance prepared the voters list in respect of which the appeal is made;

(b) where the appeal is from a decision to add a name to the voters list, to the person whose name was added to the voters list;

(c) where the appeal is from a decision to strike a name off the voters list, the person who applied to the revising officer or the returning officer to strike the name off the voters list and the person whose name was struck off the voters list; and

(d) where the appeal is from a refusal to add a name to or strike a name off the voters list, to the person whose name the revising officer or the returning officer refused to add to or strike off the voters list.

Parties to appeal.

49(8)

On an appeal under this section, the returning officer of the electoral division, the enumerator who in the first instance prepared the voters list in respect of which the appeal was made, the person whose name was added to or struck off the voters list or whose name the revising officer or returning officer refused to add to or strike off the voters list and the person who made the application to the revising officer or the returning officer to have the name added to or struck off the voters list may appear and give evidence.

Judge to proceed summarily.

49(9)

Where an application is made to a judge under this section, the judge shall proceed summarily to hear the appeal and after hearing evidence and submissions made in respect of the appeal shall make his decision and notify the returning officer of the electoral division of his decision with respect thereto and the returning officer shall add names to or strike names off voters lists for the electoral division in accordance with the decision of the judge.

Interruption of other proceedings.

49(10)

For the purposes of hearing an appeal under this section, the judge to whom the application is made shall interrupt any other proceedings on which he may be sitting.

No appeal.

49(11)

No appeal lies from the decision of a judge made under this section.

Authority to proceed where no notice given.

49(12)

A judge may proceed to hear an appeal under this section notwithstanding

(a) that the returning officer does not appear on the appeal;

(b) that the returning officer has been unable to notify the persons mentioned in subsection (7) of the appeal; or

(c) that the persons mentioned in subsection (7) or (8) do not appear or give evidence in respect of the appeal.

Limitation on appeals.

49(13)

No appeal shall be considered by a judge after the fourth day before the polling day for the election and the judge shall, before the third day before the polling day for the election render his decision in every appeal made to him prior to that date.

Delivery of lists to candidates.

50

Forthwith after the second day of the revision conducted by the revising officer, and from time to time thereafter as the returning officer of an electoral division deems advisable, the returning officer shall deliver to the Chief Electoral Officer and to each candidate in the election in the electoral division or his official agent, a list of the names added to or struck off the voters list by the revising officer, the returning officer or on appeal, and each correction, giving in each case the number and name of the voters list and the number of the polling subdivision to which it relates.

Delivery of lists to D. R. O.

51

The returning officer shall, on the third day before polling day for the election, deliver the voters lists or the printed proof, as the case requires, as revised by the revising officer, the returning officer and on appeal, to the deputy returning officer for the polling subdivision to which the voters list relates and the voters list, as received by the deputy returning officer, is the voters list for the polling subdivision for the purposes of the election subject to further correction and additions as herein provided.

NOMINATION

Qualification of candidate.

52

Subject to sections 12 to 17 of The Legislative Assembly Act, a person is qualified and eligible to be nominated as a candidate and to be elected as a member of the assembly at an election and, if elected, to sit and vote therein, if

(a) he is at least 18 years of age on polling day for the election;

(b) he is a Canadian citizen;

(c) he has resided in Manitoba for at least six months immediately prior to polling day at the election;

(d) he is not acting as an election officer, revising officer or enumerator, under this Act in respect of the election;

(e) he has not become under any law incapacitated from sitting in the assembly or in the Legislature of any province of Canada or in the House of Commons of Canada on account of having been found guilty of a practice or act which would constitute an election offence if practised or committed in respect of an election under this Act; and

(f) he is not disqualified from voting at the election under section 31.

Nomination paper.

53(1)

Any 100 or more persons eligible to vote in an election in an electoral division may nominate a candidate in the election by signing and causing to be filed with the returning officer, at any time after the date of the writ of election and before one o'clock in the afternoon of the day fixed for the close of nominations, a nomination paper in the prescribed form.

Requirements for validity.

53(2)

A nomination paper is not valid and shall not be acted upon by the returning officer unless

(a) it is accompanied by the consent in writing of the person nominated and directions as to the names, or any contraction or abbreviation of his name, or nickname, he wishes used on the ballot papers in the election;

(b) it states an address within Manitoba at which legal processes, notices or other documents issued or to be served, either under this Act or any Act relating to elections to the assembly, may be served upon the candidate;

(c) it sets out the appointment, name and address of the official agent of the candidate over the signature of the candidate; and

(d) it is accompanied by the consent in writing of the person appointed official agent of the candidate to his appointment.

Consent to endorsement.

53(3)

Where a candidate consents to being endorsed by a political party in the election, the name of the political party and a statement of the candidate's consent to the endorsement shall be entered on the nomination paper of the candidate.

Endorsement list

53(4)

Prior to or upon the close of nominations in the election, every registered political party shall file with the Chief Electoral Officer an endorsement list which names

(a) the candidates endorsed by the registered political party in the election; and

(b) the electoral divisions in which those candidates have been nominated.

Endorsement list of party applying for registration.

53(5)

A political party which during a general election applies for registration under subclause 12(b)(ii) of The Elections Finances Act shall file with the Chief Electoral Officer an endorsement list in accordance with subsection (4), or shall file with the Chief Electoral Officer

(a) at any time after the date of issue of the writs for the general election, a preliminary endorsement list which names five or more candidates endorsed by the political party in the election and the electoral divisions in which those candidates have been nominated; and

(b) prior to or upon the close of nominations in the general election, a supplementary endorsement list which names the rest of the candidates, if any, endorsed by the political party in the election and the electoral divisions in which those candidates have been nominated.

Verification of endorsement.

53(6)

Forthwith after receiving an endorsement list or lists under subsection (5), the Chief Electoral Officer shall contact the appropriate returning officers in order to determine whether the candidates named in the endorsement list or lists have consented to the endorsement of the political party in accordance with subsection (3).

Forwarding of names on endorsement lists.

53(7)

Upon the close of nominations in the election, the Chief Electoral Officer shall forward to the returning officer in each electoral division a notice indicating which candidates in the electoral division have been named on an endorsement list filed under subsection (4) or subsection (5).

Service of documents.

53(8)

Where a copy of any legal process, notice or other document issued, or to be served, either under this Act or any other Act of the Legislature relating to elections to the assembly is left at the address stated in the nomination paper, it shall be deemed equivalent for all purposes to personal service thereof on the candidate or his official agent.

Consent by telegram, etc.

53(9)

For the purposes of this section, a person nominated may

(a) signify consent to the nomination by means of any other form of written communication, including a telegram, in which the person names an official agent who, upon filing the communication with the returning officer, is entitled to sign the consent as the official agent of the person nominated; and

(b) signify consent to being endorsed by a political party by means of any other form of written communication, including a telegram.

Receipt for nomination paper.

54

Where a nomination paper complies with section 53, the returning officer shall give his receipt in the prescribed form for the nomination paper and the receipt is in every case sufficient evidence of the filing of the nomination paper and the consent of the candidate and of his official agent.

Receiving nominations.

55(1)

The returning officer of an electoral division shall receive nominations of candidates at his office at any time after the writ of election has been issued and until, but not after, one o'clock in the afternoon of the day fixed for the close of nominations in the election and at that hour he shall declare nominations to be closed.

Announcements of nominations.

55(2)

As soon after the close of nominations as he can verify the nominations, the returning officer shall announce in an audible voice at his office the names of the persons whose nominations as candidates he has received and 24 hours following the close of nominations he shall announce the names of the candidates whose nominations have been verified and who have not withdrawn.

Withdrawal.

56(1)

Any person nominated in an election may withdraw at any time prior to polling day by filing with the returning officer a declaration in writing to that effect signed by the person and duly witnessed.

Notice of withdrawal.

56(2)

Upon receiving a notice of withdrawal, the returning officer shall forthwith give notice of the withdrawal in writing to the Chief Electoral Officer and to the other candidates in the electoral division and publish a notice of the withdrawal in a newspaper having general circulation in the electoral division.

Acclamation.

57(1)

Where only one candidate is nominated in an election in an electoral division, or where, after the withdrawal of all other candidates only one candidate remains in the election, the returning officer of the electoral division shall forthwith declare that candidate elected and he shall make his return to the Chief Electoral Officer in the prescribed form that the candidate is duly elected for the electoral division and in his return he shall report any invalid nominations.

Certificate to candidate.

57(2)

The returning officer shall transmit to the candidate elected, within 48 hours following the sending of his return to the Chief Electoral Officer, a duplicate of the return made under subsection (1).

Return of election materials.

57(3)

The returning officer shall, as soon as possible after making his return to the Chief Electoral Officer under subsection (1), forward to the Chief Electoral Officer the writ of election and all election material, including voters lists, not used or required for use in the election.

Where poll granted.

58(1)

Where after the close of nominations, more than one candidate remains nominated in an election the returning officer shall

(a) announce the polling day for the election and the day and hour and place at which the result of the election will be declared;

(b) deliver a list of each of the candidates nominated to each candidate or to his official agent;

(c) forthwith forward to the Chief Electoral Officer a notice in the prescribed form of the holding of the poll, indicating the names, residences and political party endorsations of the candidates nominated in the order in which they are to be printed on the ballot paper and the names and addresses of their official agents;

(d) with the least possible delay, cause a copy of the notice sent to the Chief Electoral Officer, to be published in the same manner as the proclamation of the election was published; and

(e) publish in a newspaper having a general circulation in the electoral division the names, addresses and political party endorsations of the candidates nominated in the election and the names and addresses of their official agents.

Corrections on election notice.

58(2)

A returning officer may make or cause to be made upon the election notice posted under subsection (1), corrections of obvious errors and omissions at any time up to 48 hours before the time fixed by the proclamation for the opening of polls on polling day and he shall forthwith after the corrections are made notify the Chief Electoral Officer and each candidate or his official agent of the corrections made.

Change of official agent.

59

Where during a campaign period the official agent of a candidate dies, resigns or is incapable of acting, or the appointment of the official agent of a candidate is revoked by the candidate, the candidate shall forthwith appoint another official agent and shall give notice to the returning officer of the name and address of the person appointed, which the returning officer shall forthwith forward to the Chief Electoral Officer and publish as provided in subsection 58(1).

Death of candidate.

60

Where a candidate dies after being nominated and before the close of the poll, the returning officer shall appoint new days for the close of nominations of candidates and for polling day for the election and the day appointed for the close of nominations shall be the nearest day practicable after allowing the required time between the publication of the proclamation and the day appointed for the close of nominations and he shall forthwith make a return thereof to the Chief Electoral Officer and with his return report the cause of the postponement of the election.

POLLING PLACES

Provision of polling places.

61(1)

Upon receiving the writ of election, a returning officer shall make suitable arrangements for a polling place that is not in premises which are licensed under The Liquor Control Act for the sale of intoxicating liquors nor in an hotel, for each polling subdivision in the electoral division and for each advance poll.

Location of polling places.

61(2)

Each polling place for a polling subdivision shall be located in the polling subdivision or in place easily reached by voters of that polling subdivision.

Ease of access.

61(3)

As far as possible, a returning officer shall locate polling places in premises which provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.

Hospital polls.

62(1)

The returning officer for each electoral division in which there is a hospital shall arrange for and provide in each hospital in the electoral division a special poll at which only the patients in that hospital may cast votes.

Hospital polling places.

62(2)

The administrative head of each hospital for which a hospital poll is established shall provide suitable space within the hospital for use as a polling place for the poll.

Moving poll for sparse population.

63(1)

Where the sparsity of voters in a part of an electoral division makes it impracticable to establish separate polling places to serve all voters in that part of the electoral division, or where the greater convenience of the voters in a part of an electoral division would be served thereby, the returning officer, with the consent of the Chief Electoral Officer, may establish a moving poll or a moving advance poll or both that, on polling day for the election or on a day fixed for an advance poll, as the case may be, during the hours when polls are required to be kept open, will be moved from place to place within that part of the electoral division.

Lists for polls.

63(2)

The returning officer shall furnish the deputy returning officer of each moving poll established under subsection (1) with a copy of the voters list for each polling subdivision in the electoral division certified to be a true copy of the voters list with revisions thereto, and the copy so used shall be marked with the words "Moving Poll List" or "Moving Advance Poll List", as the case may be, and shall for all purposes be deemed an original list under this Act.

Moving poll for patients, etc.

64(1)

Where within an electoral division there are

(a) institutions for the care of sick or infirm persons that have fewer than 50 beds; or

(b) institutions in which persons who are not serving sentences for offences under the law are detained awaiting trial;

the Chief Electoral Officer may require the returning officer of the electoral division to establish a moving poll that, on polling day for the election during the hours when polls are required to be kept open, will be moved from institution to institution within the electoral division to accept the votes of patients or inmates within the institutions.

Facilities for moving polls.

64(2)

Where a moving poll is established under subsection (1) in an electoral division,

(a) the administrative head of each institution within the electoral division for the care of sick or infirm persons that has fewer than 50 beds; and

(b) the administrative head of each institution in which a person is being detained awaiting trial and not serving a sentence for an offence under the law;

shall permit the deputy returning officer, poll clerk and any candidate or scrutineer of a candidate travelling with the poll to enter the institution and shall offer assistance to the officials of the poll in receiving the ballots of the patients or inmates in the institution who are entitled to vote in the election.

List for moving polls.

64(3)

The returning officer shall furnish the deputy returning officer of a moving poll established under subsection (1) with a copy of the voters list for each polling subdivision in the electoral division certified to be a true copy of the voters list with revisions thereto and the copy so used shall be marked with the words "Moving Poll List" and shall for all purposes be deemed an original list under this Act.

Establishing advance polls.

65(1)

For the purpose of polling the voters who have reason to believe that they will be absent from their polling subdivisions on polling day for an election, and of voters who suffer from physical infirmities, the returning officer of an electoral division shall establish for the electoral division an advance poll in a polling place within the electoral division and, with the consent of the Chief Electoral Officer, other advance polls in other polling places in the electoral division.

Ease of access.

65(2)

The poll at every advance polling place established under subsection (1) shall be located so as to provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.

Publication of dates and places of advance polls.

65(3)

The returning officer shall publish the place, dates and times fixed for holding an advance poll on the proclamation of the election.

Days of advance poll.

65(4)

An advance poll shall be open in the electoral division on five days fixed by the Chief Electoral Officer, one of which shall be the Saturday immediately following the day fixed for the close of nominations.

Additional advance polls.

65(5)

Where more than one polling place is established for advance polls in an electoral division, the advance poll at the additional polling places may be opened for one, two, three, four or five days as determined by the returning officer with the approval of the Chief Electoral officer.

Conduct of advance polls.

65(6)

Except as otherwise provided herein, an advance poll shall be conducted in the same manner as is provided in the Act for the conduct of a poll on the polling day for an election.

Lists for advance polls.

65(7)

The returning officer shall furnish the deputy returning officer of an advance poll with a copy of the voters list for each polling subdivision in the electoral division certified to be a true copy of the voters' list with revisions thereto up to the day before the first day of the advance poll, and the copy so used shall be marked with the words "Advance Poll List" and shall for all purposes be deemed an original list under this Act.

Advance poll in returning officer's office.

65(8)

In addition to the advance polls established under this section, the returning officer shall conduct an advance poll in the office of the returning officer in which voters who have reason to believe that they will be absent from their polling subdivision on polling day for an election and voters who suffer from physical infirmities may vote at the election.

Method of conducting advance poll in R.O.'s office.

65(9)

Except as provided in this section, the advance poll conducted in the office of the returning officer shall be conducted in the same manner as is provided in this Act for the conduct of an advance poll established under this section.

Times of advance poll in R.O.'s office.

65(10)

The advance poll conducted in the office of the returning officer shall be open at 12:00 o'clock midday and shall remain open until 6:00 o'clock in the evening of each day in the period commencing on and including the Monday the 15th day before polling day at the election and ending on and including the Saturday, the third day before polling day at the election, except Sundays and days on which an advance poll established under subsection (4) is open for voting.

Officers for advance poll in R.O.'s office.

65(11)

For the purpose of conducting an advance poll in the office of the returning officer, the returning officer is and shall act as the deputy returning officer for the advance poll and the election clerk is and shall act as the poll clerk for the advance poll but the returning officer may, from time to time as the activities of the returning officer require, delegate his duties as deputy returning officer for the advance poll to the election clerk or to any other person employed in the office of the returning officer and may designate any other person qualified to act as an election officer to be and to act as poll clerk for the advance poll when the election clerk is acting as the deputy returning officer for the advance poll or is unable for any other reason to act as poll clerk for the advance poll and a full record of the persons who act as deputy returning officer and poll clerk for the advance poll, and the periods during which they so act, shall be maintained by the returning officer and the persons who so act as may be required by the Chief Electoral Officer, as part of the records of the advance poll.

School houses to be used.

66(1)

A returning officer may use for a polling place any school house the property of any school district or school division organized or operated under The Public Schools Act.

Holiday in school where used.

66(2)

Where a public school building is used for a polling place, the polling day for the election is a school holiday for the whole day for the pupils attending school in that portion of the building used for the polling place and so much of the remainder of the building as the school principal may determine.

Change of polling place.

67(1)

Where it is found impossible or impracticable to hold a poll in a place designated as a polling place, the returning officer may fix another polling place as near as possible to the first place as the polling place for polling and in that event he shall

(a) notify the candidates of the change in polling place the reasons for the change;

(b) cause to be fixed to the polling place first provided and abandoned, or to be posted as near thereto as possible, a notice clearly and distinctly stating the place to which the poll has been moved; and

(c) where time permits, give notice of the change in polling place by publication in newspapers or broadcast by radio or television or otherwise as he deems advisable;

and the new polling place shall for all purposes be the polling place for the polling subdivision as though originally fixed as such in accordance with this Act.

Identifying poll.

67(2)

Where it is necessary to identify the polling subdivision in any form used in an advance poll or moving poll, the words " Advance Poll" or "Moving Poll" shall be used and where there are two or more advance polls or moving polls in an electoral division, they shall be identified by the addition of a number, letter or name in addition to the words "Advance Poll" or "Moving Poll" as the case may be.

Voting compartments in poll.

68(1)

Every polling place for a poll other than a moving poll shall contain one properly illuminated compartment so arranged that each voter may be screened from observation and may without interference or interruption mark his ballot paper.

Voting facilities in moving polls.

68(2)

Every moving poll established under section 63 or 64 shall, as far as possible, have whatever facilities the returning officer thinks practicable for ensuring that each voter may mark his ballot paper without interference or interruption and as far as possible without observation by other people.

Equipment of compartment.

68(3)

In each compartment provided in a polling place for a regular or advance poll and, where practicable in a moving poll, there shall be provided for the use of voters in marking their ballot papers, a table, desk, shelf or board which has a hard and smooth surface.

Pencil.

68(4)

In each poll, and in each compartment provided in a poll, there shall be provided for the use of voters in marking their ballot papers, a suitable black lead pencil which shall be kept properly sharpened throughout the hours of polling.

Rent of polling place.

69

The rent for use of premises for each polling place is the amount prescribed by the tariff and includes all charges for. and no other charges shall be made by the owner of the premises for. heating, lighting fixtures, lighting, caretaker, use of telephone, and the use of tables and chairs, if any, on the premises.

Posting notice of secrecy.

70(1)

The deputy returning officer for a poll other than a moving poll shall post a copy of a notice as to secrecy in the prescribed form in a conspicuous place outside the polling place and another copy in a conspicuous place within the polling place and shall see that they remain so posted during the time the poll is open.

Notice of secrecy in moving poll.

70(2)

The deputy returning officer for a moving poll established under section 63 or 64 shall, wherever practicable, keep a notice as to secrecy in the prescribed form in a conspicuous place in any room or place where a person is marking his ballot.

Polling places in large subdivisions.

71(1)

Where, in a polling subdivision, there are more than 400 names on the voters' list, the returning officer shall provide such additional polling places that, when the list is equally divided between the polling places, not more than 400 names of voters are on the resulting list for each polling place and shall appoint a deputy returning officer and poll clerk for each polling place so provided.

Division of list.

71(2)

Where additional polling places for a polling subdivision are provided under subsection (1), the returning officer shall cause the voters' list for the polling subdivision to be divided on an alphabetical basis or in some other suitable manner and each separate polling place shall be clearly designated to indicate to the voters at which polling place they are to cast their votes.

Hours of polling.

72

Subject to subsection 65(10), every poll in every electoral division, including advance polls, shall be opened at 8:00 o'clock in the morning and shall remain open until 8:00 o'clock in the evening of the same day.

BALLOTS AND BALLOT BOXES

Ballots to be printed papers.

73(1)

The ballot of each voter shall be a printed paper ballot.

Form of ballot

73(2)

All ballot papers shall be in a prescribed form and, except for ballot papers for persons voting by special blank ballots, shall be of the same description and as nearly alike as possible.

Paper supplied for ballot paper.

73(3)

The paper required for printing of ballot papers other than for special blank ballots shall be supplied to the returning officer by the Chief Electoral Officer as soon after nomination day as possible.

Returning officer to have ballots printed.

73(4)

The returning officer shall cause to be printed on the paper provided for the ballot papers, other than for special blank ballots, a sufficient number of ballot papers, not being less than 10% more than the total number of estimated voters in the electoral division.

Special blank ballots.

73(5)

Ballot papers for persons voting by special blank ballots shall be provided to the returning officer by the Chief Electoral Officer.

Stubs.

73(6)

Each ballot paper shall be provided with a stub with a line of perforations between the ballot paper and the stub.

Names on ballot.

73(7)

There shall be printed on the ballot paper, other than special blank ballots,

(a) the full legal name of each candidate in the electoral division, or any contraction or abbreviation thereof or nickname commonly used by him, with the family or last name printed first;

(b) in the same space as the name of each candidate

(i) in the case of a candidate endorsed by a registered political party, including a political party which becomes registered during the election under clause 12(b) of The Elections Finances Act, the name of the registered political party, and

(ii) in the case of a candidate not endorsed by a registered political party, the word "Independent"; and

(c) where the names of two or more candidates on the ballot paper are the same or so similar that, in the opinion of the deputy returning officer, confusion may arise as to the identity of the candidate, in the same space as the name of each candidate, the occupation of that candidate as reported to the deputy returning officer by the candidate on request of the deputy returning officer.

Name of political party.

73(8)

The name of a registered political party on a ballot shall be the name of the registered political party or the registered abbreviation thereof under which it is registered under The Elections Finances Act.

Numbering of stub.

73(9)

The ballot paper shall be numbered on the front of the stub.

Affidavit of delivery.

73(10)

The printer shall, with the ballot papers, deliver to the returning officer an affidavit in the prescribed form and a statement of account for the cost of the printing, according to the tariff prescribed.

Returning officer to supply ballots to D. R. O.

73(11)

The returning officer shall furnish

(a) each deputy returning officer with a sufficient number of ballot papers to supply the voters on the voters' list furnished for his polling place and 10% of that number in addition thereto;

(b) each deputy returning officer of a moving poll established under section 63 or 64 with a sufficient number of special blank ballot papers to supply the estimated number of voters likely to vote at the moving poll and 10% of that number in addition thereto;

and he shall keep a record of the number and the serial numbers of the ballot papers furnished to each deputy returning officer.

Where candidate has withdrawn.

73(12)

Where subsequent to the printing of the ballots for an election a candidate withdraws from the election, the returning officer shall cause the ballots for the electoral division to be reprinted omitting the name of the candidate who has withdrawn; but where it is not possible to reprint the ballots in time for the election, the returning officer shall cause every deputy returning officer to be notified forthwith of the withdrawal, and every deputy returning officer shall post notice of the withdrawal conspicuously in the polling place.

Delivery of ballot box to R. O.

74(1)

The Chief Electoral Officer shall forward to each returning officer ballot boxes as may be required for the election so that the returning officer receives them at least three clear days before they are required for use in a poll.

Types of ballot boxes.

74(2)

Each ballot box shall be made of a material which in the opinion of the Chief Electoral Officer is sufficiently durable for the purposes of a ballot box and furnished with

(a) a suitable number of non-reusable sealing mechanisms which are serially numbered; or

(b) a lock and key;

and shall be so constructed that the ballot papers may be deposited therein but cannot be withdrawn therefrom without removing the seal or unlocking it, as the case may be, or so damaging the ballot box that it is obvious that it has been tampered with.

Delivery of ballot boxes to D. R. O.

74(3)

The returning officer shall cause to be delivered a ballot box to each deputy returning officer at least two clear days before the opening of the poll at which the ballot box is required.

Contents of ballot box.

74(4)

Each ballot box delivered to a deputy returning officer shall contain election materials of the nature, number and quantity required for the purposes of the election as determined by the Chief Electoral Officer.

D. R. O. may make box.

74(5)

Where a deputy returning officer is not supplied with a ballot box within the time prescribed, he shall forthwith procure one to be made.

Property in ballot boxes, etc.

74(6)

All ballot boxes, ballot papers, marking instruments, books, papers and documents procured for or used at an election are the property of Her Majesty in right of Manitoba.

Directions for voters.

75(1)

The returning officer shall, with the ballot boxes, deliver to each deputy returning officer a sufficient number of printed directions for guidance of voters in a prescribed form for use in the poll.

Posting of directions.

75(2)

The deputy returning officer shall cause the printed directions for guidance of voters to be posted outside his polling place and in every compartment in the polling place and shall see that they remain so posted while the poll is open.

RIGHT TO PRESENCE IN POLL

D. R. O. to attend before opening.

76(1)

The deputy returning officer for a poll shall attend at the polling place for the poll at least 15 minutes before the hour fixed for the opening of the poll.

Checking materials.

76(2)

Candidates in an electoral division or their scrutineers may be present in a polling place 15 minutes before the opening of the poll and during that 15 minutes may require the ballot papers intended for use at the poll to be counted in their presence and may inspect the ballot papers and all other papers, forms and documents relating to the poll.

Scrutineers.

77(1)

Every candidate in an electoral division may appoint in writing in a prescribed form persons of 18 years of age or older as scrutineers to represent him at polls in the electoral division.

Scrutineers in polling places.

77(2)

Subject to subsection 78(2), a scrutineer of a candidate in an electoral division, upon showing his appointment as scrutineer to the deputy returning officer of the polling place and upon taking an oath of secrecy in the prescribed form, may enter and remain in the polling place

(a) during polling hours;

(b) 15 minutes before the poll is open; and

(c) after the poll is closed until the counting of the votes at the poll is completed.

Persons who may remain in poll.

78(1)

During the time that a poll remains open, and after the poll is closed during the counting of the votes, the deputy returning officer, the poll clerk, an interpreter if required, the constable if one has been appointed, the candidates in the electoral division, and, subject to subsection (2), scrutineers of candidates may be present in the polling place.

Limitation on scrutineers.

78(2)

Not more than two scrutineers of a candidate shall be permitted to be present in a polling place at any time.

CONDUCT OF POLLS

Treatment of ballot box.

79(1)

The deputy returning officer for a poll shall immediately before opening the poll show the ballot box to the persons present in the polling place so that they may see that it is empty and he shall then lock it or place his seal upon it in such a manner as to prevent it being opened without breaking the seal and he shall keep it locked or sealed until the close of the poll.

Placing of ballot box.

79(2)

Except as provided in subsection (3), the deputy returning officer for a poll shall, while the poll is open, keep the ballot box for the poll on a table or otherwise raised above the foor in full view of all present.

Moving ballot box for disabled person.

79(3)

For the purpose of enabling a disabled person who cannot, or cannot without undue difficulty, enter the polling place, to mark and cast his ballot in the election, the deputy returning officer may remove the ballot box, together with all unmarked or spoiled ballots in the polling place, the poll book and other documents, from the polling place to a place outside the polling place, either within the same building in which the polling place is situated or outside the building but not further than 50 metres from an entrance to the building.

Poll clerk to accompany D. R. O.

79(4)

Where a deputy returning officer removes a ballot box from a polling place as provided in subsection (3) the poll clerk shall accompany the deputy returning officer and any candidate or scrutineer of a candidate in the polling place may accompany the deputy returning officer.

Voting outside polling place.

79(5)

Where the deputy returning officer removes a ballot box from a polling place as provided in subsection (3) for the purpose of allowing a disabled person to mark and cast his ballot, the deputy returning officer shall take whatever precautions are practicable to ensure that the disabled person may mark and cast his ballot without interference or interruption and, as far as possible, without being observed.

Treatment of ballot box in moving poll.

80

The deputy returning officer for a moving poll established under section 63 or 64 shall, as far as practicable, comply with section 79.

Sealing of ballot box.

81(1)

At the close of an advance poll on each day of the advance poll, the deputy returning officer and the poll clerk and any candidate or scrutineer of a candidate present who desires to do so shall affix their seals to the ballot box in a manner prescribed by the Chief Electoral Officer so that it cannot be opened or any ballot be deposited in it without breaking the seal.

Access to ballot box.

81(2)

The deputy returning officer of an advance poll shall at all times after the opening of the advance poll take precautions to prevent access being had by any person to the ballot box other than himself and the poll clerk during polling.

Reopening of ballot box for opening.

81(3)

Except for the removal of seals necessary to permit the insertion of ballots in the ballot box during times when the advance poll is open, no seals on a ballot box for an advance poll shall be removed or broken between the opening of the advance poll and the time fixed for the deputy returning officer to count the ballots therein.

Proceedings at close of poll.

81(4)

At the close of an advance poll on the final day thereof, the deputy returning officer and the poll clerk and any candidate or scrutineer of a candidate present who desires to do so shall affix their seals to the ballot box and initial them or otherwise identify them in a manner prescribed by the Chief Electoral Officer so that it cannot be opened or ballots deposited in it without breaking the seals and the deputy returning officer shall take charge of and safely keep the ballot box until the closing of the polls on polling day at the election when he and the poll clerk shall, in the presence of the candidates or their scrutineers at the polling place for the advance poll, proceed in accordance with sections 114 to 122 to count and sort the ballots, prepare the statements and make the returns and deliveries required to be made by this Act.

VOTERS

Persons entitled to vote.

82

Every person whose name is on the voters list for a polling subdivision in an electoral division may vote in an election at the polling place for that polling subdivision if

(a) he has not voted at an advance poll or at any other polling place in the election;

(b) he has not voted in an election in another electoral division that has the same polling day;

(c) where so required, he takes the oath to be taken by a voter in the prescribed form; and

(d) he has not obtained a certificate from the returning officer enabling him to vote at some other poll at which he is employed or, having obtained such a certificate, he delivers it to the deputy returning officer unused to be cancelled.

Right to vote at advance poll.

83(1)

A voter

(a) whose name is on a voters' list for an electoral division;

(b) who expects to be absent from his polling subdivision on polling day for the election or who is physically infirm or incapacitated; and

(c) who complies with the provisions of this Act respecting voting at advance polls;

may vote at an advance poll in the electoral division.

Declaration of voter.

83(2)

A voter at an advance poll, before being permitted to vote, in addition to any other oath that may be required of voters under this Act, shall make and sign before the deputy returning officer a declaration in the prescribed form which shall be kept by the deputy returning officer with the other records of the poll.

List of voters at advance poll.

83(3)

The deputy returning officer for an advance poll shall make, in a prescribed form, a list of the names and addresses of all voters who vote at the advance poll, and upon the closing of voting at the advance poll shall send a report, in a prescribed form, including the list of voters who have voted at the advance poll, to the returning officer.

Record of voting at advance poll.

83(4)

Where a voter votes at an advance poll

(a) the deputy returning officer shall mark opposite the name of the voter on the voters' list the words "Advance Poll";

(b) the returning officer, upon receiving the report of the deputy returning officer for the advance poll, shall strike the name of the voter off the voters list for the voters polling subdivision; and

(c) the election officer at the poll for the polling subdivision shall not permit the voter to vote again at the election.

Voter presenting himself for voting.

84

Each voter upon entering the polling place shall give to the deputy returning officer or poll clerk his name and place of residence which shall be entered in the poll book by the poll clerk and each name of a voter shall be allotted a consecutive number.

Persons not on list entitled to vote.

85(1)

Unless his name has been struck off the voters' list by the revising officer or by a returning officer or on an appeal under section 49, a person qualified to vote at an election in a polling subdivision whose name is not on the voters list for a polling subdivision and who applies to have his name added to the voters list for the polling subdivision while the poll for the polling subdivision is open, is entitled, upon the provisions of this section being complied with, to have his name added to the voters list for the polling subdivision.

Oath of applicant.

85(2)

The name of a person applying under subsection (1) to have his name added to the voters list for a polling subdivision shall not be added to the voters' list unless the person

(a) takes and signs an oath in the prescribed form that he is eligible to have his name placed on the voters list for the polling subdivision; and

(b) produces two documents which provide evidence of the person's identity satisfactory to the deputy returning officer.

Administration of oath.

85(3)

Where a person applies under subsection (1) to have his name added to the voters list for a polling subdivision, the deputy returning officer shall administer to the applicant the oath and, if the oath is taken and signed, shall thereupon cause the name and place of residence of the applicant to be added to the voters' list followed by the word "sworn".

Application of section to advance polls.

85(4)

This section applies with such modifications as the circumstances require to advance polls.

Oath of voter.

86(1)

Any candidate, scrutineer of a candidate or voter or the deputy returning officer, if he has reason to believe that a person desiring to vote is not a qualified voter, or has already voted, or is tendering his vote under a false name or designation, or is personating a voter, or representing himself falsely as being on the voters list, may demand that the person take an oath in the prescribed form and the oath, when required, shall be administered by the deputy returning officer.

Refusal to take oath.

86(2)

Where, before being permitted to vote, a person whose name is on the voters list is required to take an oath of a voter in the prescribed form and refuses to take the oath, the deputy returning officer shall

(a) not permit the person to vote at the election or give him a ballot paper; and

(b) cause lines to be drawn through the voters name on the voters list and in the poll book and the words "Refused to be sworn" written or noted thereafter.

Refusal of oath.

86(3)

Where before being required to take an oath of a voter, a person has received a ballot and marked it, if he refuses to take the oath when required so to do, the deputy returning officer shall take the ballot and deal with it in accordance with section 106 as though it were a spoiled ballot.

Proof of citizenship.

87(1)

Where a person has applied to have his name added to a voters list under section 85 or is required to take the oath of a voter under section 86, the deputy returning officer, before administering the oath required of the person shall examine the person as to whether or not he is a Canadian citizen.

Certificate of Canadian citenzenship.

87(2)

A deputy returning officer shall accept as proof of Canadian citizenship of a person a certificate of Canadian citizenship issued in the name of the person.

Persons not understanding language.

88(1)

Where a person desiring to vote does not underestand the language which the deputy returning officer speaks, the deputy returning officer may employ an interpreter to translate the oath or any lawful question necessarily put to or by that person and the answer thereto but the interpreter shall first take an oath in the prescribed form and the poll clerk shall enter in the remarks column of the poll book the word "Interpreted" and the name of the interpreter.

Interpreter not available.

88(2)

Where a person desiring to vote who does not speak and understand either the English or French language is required to take an oath, the deputy returning officer shall not give him a ballot paper or permit him to vote until an interpreter is present who can interpret the language spoken by the person.

Oath of interpreter.

88(3)

Before a person acts or is permitted to act as an interpreter for the purposes of this section he shall take an oath in the prescribed form.

D. R. O. or poll clerk as interpreter.

88(4)

A deputy returning officer or a poll clerk for a poll may act as an interpreter at the poll for the purposes of this section.

Employees time for voting.

89(1)

Every employee who is entitled to vote at an election shall, while the polls are open on polling day at the election, have three consecutive hours for the purpose of voting and if the hours of his employment do not allow for three consecutive hours for that purpose, his employer shall allow the employee, at the convenience of the employer, such additional time for voting as may be necessary to provide three consecutive hours for that purpose and shall not reduce or make any deduction from the pay of the employee or impose or exact any penalty from him by reason of the employee's absence from work during the three consecutive hours allowed to him.

Offence and penalty.

89(2)

An employer who, directly or indirectly, refuses to grant or in any way interferes with the granting to any voter in his employ of the three consecutive hours for voting as provided in subsection (1) or otherwise contravenes subsection (1) is guilty of an offence and liable, on summary conviction, to a fine in the case of an individual not exceeding $200. and in the case of a corporation not exceeding $500.

Certificates to vote at another poll.

90(1)

A deputy returning officer or poll clerk

(a) whose name appears on a voters list of a polling subdivision for an electoral division as a qualified voter;

(b) who will, on polling day, be employed outside that polling subdivision; and

(c) who desires to cast his vote in some other polling subdivision in the electoral division;

may apply to the returning officer for the electoral division for a certificate entitling him to cast his vote at that other polling subdivision on polling day.

Restriction on granting certificates.

90(2)

A returning officer, if he is satisfied that a person who has applied for a certificate under subsection (1) is a qualified voter and that his name appears on a voters list for a polling subdivision in the electoral division shall, subject to the following rules and restrictions, issue the certificate in the prescribed form:

(a) The returning officer shall not issue any certificate in blank.

(b) He shall not issue a certificate until after the completion of the revision of the voters list in the electoral division by the revising officer.

(c) He shall not issue a certificate after he has sent the voters list on which the applicant's name appears to the deputy returning officer of the polling subdivision.

(d) He shall not issue a certificate to vote in a polling subdivision outside the electoral division.

(e) He shall number each certificate in consecutive order of issue.

(f) He shall set out in the certificate the name of the person to whom it is issued certifying that he is a qualified voter at the election in the electoral division.

(g) He shall set out in the certificate the number of the polling subdivision on the voters list for which the person's name appears and the number of the polling subdivision at which he has applied to cast his vote on polling day.

(h) He shall set out in the certificate the electoral office or position to which the person has been appointed to act on polling day.

(i) He shall date and sign each certificate.

(j) He shall keep a record of certificates issued with particulars required to be specified in the certificate.

(k) He shall note on the voters' list on which the name of the person to whom the certificate is issued and which is to be sent to the deputy returning officer of the polling subdivision for which the voters' list was prepared, opposite the name of the person to whom the certificate was issued, the words "certificate issued".

Official voting on certificate.

90(3)

A deputy returning officer or poll clerk to whom a certificate has been issued under this section may vote at the polling place for the polling subdivision indicated in the certificate as the polling subdivision in which he has applied to cast his vote if he produces the certificate to the deputy returning officer of that polling subdivision and the deputy returning officer for that polling subdivision shall enter in the poll book, opposite the voters' name in the column for remarks, a memorandum stating the voters' office or position at the poll, if any, and that he has voted pursuant to the certificate.

Cancellation of certificate.

90(4)

Where a ballot is issued to a person to permit him to vote pursuant to a certificate issued under this section, the deputy returning officer or poll clerk who issues the ballot shall mark across the certificate the word "cancelled" and shall retain the certificate with the other materials for the poll.

Only two scrutineers to vote at a poll.

90(5)

Not more than two scrutineers for any candidate shall vote as such on the authority of a certificate issued under this section in any single poll.

VOTING

Voting by ballot.

91

The voting at every election held under this Act shall be by ballot as herein provided.

D. R. O. issuing ballot.

92

A person who is entitled to vote shall receive a ballot paper from the deputy returning officer who shall

(a) put his initials on the back of the ballot paper as indicated in the prescribed form;

(b) fold the ballot paper in such a way that the initials can be seen without opening the ballot paper or seeing what has been written on the ballot paper; and

(c) give the ballot paper to the voter.

Instructions to voter.

93

Upon the request of a voter, the deputy returning officer shall instruct the voter how to mark and fold the ballot paper but without inquiring or ascertaining for whom the voter intends to vote.

Vote without delay.

94

Every voter shall vote without undue delay and, as soon as his ballot paper has been placed in the ballot box, shall leave the polling place.

No one allowed in compartment.

95

Subject to section 100, while a voter is in a compartment for the purpose of marking his ballot paper, no other person shall be allowed to enter the compartment or to be in a position from which he can see for whom the voter marks his ballot paper.

Entries in poll book.

96

The poll clerk shall enter in the poll book opposite the name of each voter the notation "Voted" as soon as the ballot paper has been deposited in the ballot box and shall enter in that book the words "Sworn" or "Affirmed" after the names of each voter to whom the oath has been administered and the words "Refused to be sworn" or "Refused to affirm" opposite the name of each voter who has refused to take any oath when he has been required to do so and such other entries as may be required under this Act.

Use of special blank ballots.

97(1)

The following voters whose names are on a voters list for a polling subdivision in any electoral division may vote in the manner described in subsection 98(2) by using a special blank ballot:

(a) A patient in a hospital voting in a hospital poll.

(b) A patient in an institution for the care of sick and infirm persons voting in a moving poll in an electoral division other than the electoral division on a voter's list of a polling subdivision on which his name appears.

(c) An inmate of a gaol, prison or place of detention being held awaiting trial who is not undergoing punishment for an offence under the law.

Patient voting in room, etc.

97(2)

Where a patient in a hospital entitled to vote by use of a special blank ballot is unable to attend at the polling place within the hospital, he may notify the deputy returning officer for the poll that he wishes to vote and the deputy returning officer shall take the ballot box, and all other election material necessary to permit the patient to cast a vote, to a place within the hospital designated by the patient and the patient may mark and cast his ballot at that place.

Duties of D. R. O.

97(3)

Where a person entitled to use a special blank ballot to vote wishes to vote at a poll established under section 62 or 64, the deputy returning officer for the poll shall ascertain the name and address of the person and the electoral division in which the person is entitled to vote and shall then show the person a list of the candidates in that electoral division indicating the registered political party, if any, by which each is endorsed.

Manner of voting - ordinary ballot.

98(1)

Unless he is voting by using a special blank ballot, upon receiving from the deputy returning officer a ballot paper initialled as herein provided, the voter shall forthwith proceed into the voting compartment and there mark his ballot paper by placing the symbol "X" with the black lead pencil provided therein within the space on the ballot paper containing the name and particulars of the candidate for whom he intends to vote and he shall then fold the ballot paper as directed so that the initials on the back of it may be seen without unfolding the ballot paper and hand the ballot paper to the deputy returning officer who shall, without unfolding it, ascertain by examination of his initials that it is the same ballot paper as that delivered to the voter and, if it is the same, he shall forthwith, in full view of the voter and all others present, deposit the ballot paper in the ballot box.

Manner of voting - special blank ballot.

98(2)

Where a voter is voting by using the special blank ballot, he shall

(a) give to the deputy returning officer his name and address and the name of the electoral division in which he is entitled to vote:

(b) swear and sign an oath in the prescribed form and that is set out on the envelope presented to him by the deputy returning officer that he is eligible to have his name placed on the voters' list for that electoral division: and

(c) mark the ballot by writing the name of the candidate for whom he intends to vote in the oblong space on the front of the ballot in the prescribed form in such manner that it cannot be confused with the name of another candidate running in the electoral division;

and he shall then fold the ballot paper so that the initials on the back can be seen without unfolding the ballot paper and hand it to the deputy returning officer who shall, without unfolding it. ascertain by examining the initials thereon that it is the same ballot paper as that delivered to the voter and, if it is the same, the deputy returning officer shall forthwith, in full view of the voter and all persons present, insert the ballot into an envelope bearing the words "Insert ballot paper and seal up" and seal that envelope and then insert that envelope into the envelope on which the voter has signed the oath and seal that envelope and then place it in the ballot box.

Blind or visually impaired voter.

99

Where a voter who is unable to vote in the manner hereinbefore prescribed because he is blind or otherwise visually impaired applies to the deputy returning officer to be permitted to vote, the deputy returning officer shall

(a) provide the voter with a template prepared to assist blind voters in marking their ballots in the electoral division and, where necessary, instruct the voter in the use of the template:

(b) lead the voter or cause him to be lead to the compartment for voting and leave him there to mark his ballot;

(c) after the voter has marked his ballot retrieve from him the template; and

(d) otherwise follow the procedures laid down by this Act as far as is practicable for the purpose of accepting the marked ballot and depositing it in the ballot box.

Incapacitated voter.

100(1)

Where a voter who is unable to vote in the manner hereinbefore prescribed because he is incapacitated from any physical cause or unable to read or blind and unable to or unwilling for any reason to vote by using a template as provided in section 99, applies to the deputy returning officer to be permitted to vote,

(a) if the voter is accompanied by a friend, the deputy returning officer shall permit the friend to accompany the voter into the voting compartment and assist the voter in marking the ballot paper for him; or

(b) if the voter is not accompanied by a friend, the deputy returning officer shall accompany the voter to the voting compartment and assist the voter in marking his ballot paper in the manner directed by the voter in the presence of the poll clerk and the scrutineers in the polling place and no others.

Oath by friend.

100(2)

Any friend who is permitted to mark or assist a person in marking a ballot paper as provided in subsection (1) shall first be required to take an oath in the prescribed form that he will keep secret the name of the candidate for whom the ballot paper of the voter is marked and no person shall mark more than two voters' ballot papers as friend at any election.

Entries in poll book.

100(3)

Where a voter's ballot paper is marked by another person or a voter is assisted in marking his ballot paper as provided in subsection (1), the poll clerk shall enter in the column for remarks in the poll book opposite the voter's name

(a) that the voter's ballot paper was marked or the voter was assisted in marking his ballot paper by a friend or the deputy returning officer, as the case may be, and if a friend, the name and address of the friend;

(b) the reason why the voter was assisted or his ballot paper was marked by the friend or the deputy returning officer;

(c) if the voter was assisted or the ballot paper of the voter was marked by a friend, the word "Sworn" after the friend's name.

Application by incapacitated voter to mail ballot.

101(1)

Where a voter is unable to go in person to the polling place or an advance poll because he is incapacitated for any physical cause, he may apply in writing to the returning officer to vote at the election by mail.

Ballot sent to incapacitated voter.

101(2)

Where the returning officer receives an application under subsection (1) at least 10 days before polling day for the election and he is satisfied that the voter who has applied is entitled to vote at the election and is incapacitated for some physical cause, he shall initial a ballot paper for the purposes of identification and, not later than seven days before polling day for the election, deliver or cause to be delivered to the voter, or send to the voter by ordinary mail to arrive by ordinary mail at the residence of the voter not later than five days before polling day for the election,

(a) the ballot paper so initialled;

(b) a ballot envelope with instructions printed thereon in the prescribed form;

(c) a certificate envelope with a certificate of identification printed thereon in the prescribed form;

(d) an outer envelope with the address of the returning officer printed thereon; and

(e) instructions as to how to vote by mail as described in subsection (5);

and shall cross the name of the voter from the voters' list for the polling subdivision at which the voter was entitled to vote and enter on the voters' list opposite the name of the voter the words "Mailed ballot".

Record of voter.

101(3)

The returning officer shall keep a record in a separate poll book of the names of voters to whom he has sent ballot papers under this section.

Marking of ballot by incapacitated voter.

101(4)

Except as herein otherwise provided, a voter to whom a ballot paper is sent under this section shall mark the ballot paper and vote in accordance with the provisions of this Act.

Instructions to voter.

101(5)

A voter to whom a ballot has been mailed under this section shall follow these instructions:

(a) The voter shall mark the ballot as required for the purposes of the election.

(b) The voter shall insert the marked ballot into the ballot envelope and seal the ballot envelope.

(c) The voter shall insert the ballot envelope into the certificate envelope and seal the certificate envelope.

(d) The voter shall complete the form of certificate of identification on the certificate envelope and his certificate shall be certified by the signature of another voter authorized to vote at the election in that electoral division.

(e) The voter shall insert the certificate envelope into the outer envelope and seal the outer envelope.

(f) The voter shall deliver or cause to be delivered the outer envelope containing the ballot, the ballot envelope and the certificate envelope to the returning officer not later than the close of the polls on polling day for the election or shall mail or cause to be mailed by ordinary mail the outer envelope containing the ballot, the ballot envelope and the certificate envelope to the returning officer to arrive by ordinary mail at the office of the returning officer not later than the close of polls on polling day for the election.

Receiving mailed ballots.

101(6)

Upon receiving a ballot paper delivered or sent by mail under clause (5)(f), the returning officer shall remove the certificate envelope from the outer envelope and

(a) if he is satisfied from the examination of the certificate on the certificate envelope as to the identity of the voter whose ballot is enclosed, he shall place the certificate envelope unopened in a ballot box maintained by him for that purpose but, if he is not satisfied as to the identity of the voter whose ballot is enclosed, he shall retain the certificate envelope unopened and mark it "Not identified" and keep the envelope unopened with the separate poll book; and

(b) he shall make a note in the special poll book opposite the name of the voter that the ballot has been returned.

Application to remote areas.

101(7)

This section applies with such modifications as the circumstances require to voters residing in any area of an electoral division specified by the Chief Electoral Officer as being an area the residents of which cannot, because of remoteness, easily get to the poll for the polling subdivision in which they reside and which is not adequately served by the poll established under section 63.

Voter attempting to take away ballot.

102(1)

A person who has received a ballot paper shall not take it out of the polling place or refuse to return it to the deputy returning officer but shall return it, marked or unmarked to the deputy returning officer.

Duty to arrest.

102(2)

If any person attempts or threatens to keep a ballot or to take a ballot out of a polling place contrary to subsection (1), it is the duty of the deputy returning officer and of everyone else in the polling place to arrest the person and to cause him to be locked up and detained until the close of the poll and the ballot paper shall be returned to the deputy returning officer.

Offence.

102(3)

A deputy returning officer or any other person present in the polling place who refuses or neglects to perform the duty under subsection (2) is guilty of an offence.

Voter declining to vote.

103

A voter who receives a ballot paper and declines to vote shall return the ballot paper to the deputy returning officer who shall, without unfolding the ballot,

(a) write the word "Declined" on the back of the ballot and instruct the poll clerk to enter the word "Declined" opposite the voter's name in the poll book; and

(b) place the ballot in the envelope provided for declined ballots.

Applying for ballot deemed to be tendering vote.

104

A person who applies for a ballot paper shall, by so doing, be deemed to have tendered his vote or to have offered to vote and a person who has placed or caused to be placed his ballot paper in the ballot box or has delivered it to the deputy returning officer or poll clerk for the purpose of having it placed in a ballot box shall be deemed to have voted.

Voter requiring ballot after another has voted in his name.

105(1)

Where a person representing himself to be a voter applies for a ballot paper after another person has voted as that voter, he is entitled to receive a ballot paper and to vote after taking the oath and otherwise establishing his identity to the satisfaction of the deputy returning officer.

Entries in poll book.

105(2)

The poll clerk shall enter in the poll book the name of a voter who applies for a ballot paper under subsection (1) and shall make a note of his having voted on a second ballot paper and of the fact of the oath having been taken and of any objection made on behalf of any, and of which, of the candidates.

Spoiled ballots.

106

A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used is, upon returning it to the deputy returning officer, entitled to obtain another ballot paper and the deputy returning officer shall without unfolding the ballot immediately write the word "Spoiled" on the back of the returned ballot paper, preserve it to be returned to the returning officer and the spoiled ballot shall not be counted in the election.

No person compelled to disclose vote.

107(1)

A person who has voted shall not, in any legal proceeding questioning the election or return, or in any other legal proceeding, be compelled to state for whom he voted.

No person to induce voter to disclose vote.

107(2)

No person shall directly or indirectly induce or attempt to induce a voter to show his ballot paper after he has marked it so as to make known to any person the name of the candidate for whom he has voted.

Voter not to be interfered with.

108

No person shall interfere, or attempt to interfere, with a voter marking his ballot or, except as herein otherwise permitted, attempt to obtain at the polling place information as to the candidate for whom a voter is about to vote or has voted.

Voter not to show ballot.

109

Except in the case of a voter who is incapacitated or unable to read and who requires assistance in voting, a voter shall not show his ballot paper when marked to any person so as to allow the name of the candidate for whom he voted to be known nor shall he ask for or receive assistance from any person in the polling place in marking his ballot.

Maintaining secrecy.

110(1)

Every person attending a polling place or a counting of votes shall maintain and aid in maintaining the secrecy of the voting.

Not to state how voter voted.

110(2)

No person shall communicate any information obtained at a polling place as to the candidate for whom a voter at the polling place is about to vote or has voted.

POLITICAL ACTIVITIES ON VOTING DAYS

Distribution of circulars, etc., near polling place.

111(1)

Every person, other than an election officer required under this Act to do so, who distributes any circular, card or other paper having reference to the election within or within 50 metres of the entrance to a building in which there is a polling place for voting at the election on any day on which voting is permitted at the polling place at the election is guilty of an offence.

Removal of signs, etc., near polling place.

111(2)

Every person, other than an election officer required under this Act to post the sign, poster or placard, who having posted or authorized the posting of any sign, poster or placard having reference to an election within or within 50 metres of the entrance to any building in which there is a polling place, fails to remove the sign, poster or placard before the day on which voting is permitted at the polling place at the election is guilty of an offence.

Failure to comply with request to remove signs, etc.

111(3)

Where a sign, poster or placard having reference to an election, other than one required under this Act to be posted by an election officer or for the identification of a poll or polling place, has been posted within or within 50 metres of the entrance to any building in which a polling place is situated and is not removed before the day on which voting is permitted at the polling place, the Chief Electoral Officer, or the returning officer of the electoral division in which the sign, poster or placard is posted, or the deputy returning officer for the poll, may order the candidate named, indicated, depicted or supported in or by the sign, poster or placard or the candidate endorsed by the political party named, indicated or supported in or by the sign, poster or placard, or the official agent of the candidate, to remove the sign, poster or placard forthwith, and if the sign, poster or placard is not removed within a reasonable period of time, both the candidate and the official agent are guilty of an offence and liable, on summary conviction, to a fine of $500. or, in default of payment, to imprisonment for a term of six months.

Flags, etc., on election day.

112(1)

Subject to subsection (2), no person shall, on polling day at an election in an electoral division, furnish to another for the purpose of being carried within the electoral division, or carry within the electoral division, anything to distinguish the bearer, whether with or without followers, as the partisan of a candidate in the election or of a political party endorsing a candidate in the election.

Exception.

112(2)

Subsection (1) does not prohibit a scrutineer of a candidate from wearing a badge or ribbon that does not show the name of any political party or candidate or the initials or any abbreviation of the name of any political party or candidate or any insignia used by the political party or candidate, but which by colour alone indicates the candidate for whom he is a scrutineer.

CLOSING POLLS AND COUNTING BALLOTS

Closing poll.

113

At 8:00 o'clock in the evening of polling day for the election, the deputy returning officer shall cause the entrance of his polling place to be closed and shall not thereafter admit any person for the purpose of voting but he shall issue ballots to and receive votes from any person lawfully in the polling place for the purpose of voting at the time the entrance to the polling place was closed.

Duties respecting spoiled ballots.

114

Immediately after the closing of the poll, the deputy returning officer, in the presence of the poll clerk and the candidates or their scrutineers, shall first place all spoiled ballot papers in an envelope provided marked "Spoiled Ballot" and seal it up and the spoiled ballots shall not be counted in the election.

Counting names on poll book.

115(1)

After closing of the poll and segregating the spoiled ballots, the deputy returning officer shall count the number of voters whose names appear on the voters' list, the number of voters who appear by the poll book to have voted, and shall make an entry thereof in the prescribed form in the poll book on the line immediately below the name of the voter who voted last and he and the poll clerk, and such of the candidates or their scrutineers who may desire to do so, shall sign their names thereto.

Count number of ballots.

115(2)

After completing the certificate under subsection (1), the deputy returning officer shall then open the ballot box and count the number of the ballot papers therein, and record the results of his count.

Dicarded ballots.

115(3)

Where there are more ballots in the box than the number of voters who voted according to the poll book, any ballot paper that has not on its back the initials of the deputy returning officer or that, for any other reason, the deputy returning officer is satisfied was not delivered to a voter in the poll in accordance with this Act for use at the poll, shall be endorsed with the word "Discarded" and placed in the envelope provided for the purpose, marked "Discarded Ballot" and sealed up.

Ballots to be rejected in count.

116(1)

In counting the ballots cast for each candidate, the deputy returning officer shall, subject to the provisions of this section, reject any ballot paper that

(a) has not been supplied by him; or

(b) has not the symbol X marked thereon; or

(c) has the symbol X set opposite the name of more than one candidate; or

(d) has the symbol X and some other symbol or mark set opposite the name of the same candidate; or

(e) has the symbol X or any other symbol or mark opposite the name of one candidate and some other symbol or mark set opposite the name of one or more other candidates; or

(f) does not show for which candidate the vote is given; or

(g) has any mark or writing made by the voter by which he may afterwards be identified: or

(h) indicates a vote for a candidate who has withdrawn from the election as provided in section 56.

Marks allowed on ballot.

116(2)

Notwithstanding subsection (1), a ballot paper is not invalid merely because the voter, without any apparent intention of identification, has marked his vote, out of, or partly out of, its proper space if the mark clearly indicates the candidate for whom he evidently intended to vote or has marked his ballot

(a) with a form of cross other than X opposite the name of a single candidate; or

(b) with a figure 1 opposite the name of a single candidate; or

(c) with a check mark opposite the name of a single candidate; or

(d) with a dash opposite the name of a single candidate; or

(e) with a zero opposite the name of the single candidate; or

(f) with another mark clearly indicating an intent to vote for one only of the candidates opposite the name of a single candidate; or

(g) with any combination of not more than two of the marks of the kind described in subsection 98(1) or in clauses (a) to (f) opposite the name of a single candidate.

Dots, etc. on ballots.

116(3)

Notwithstanding subsection (1), a ballot paper is not invalid merely because the voter, without any apparent intention of identification, has placed or marked one or more dots or periods on the ballot paper.

Other pencils, etc.

116(4)

A ballot paper shall not be rejected merely because the voter, without apparent intention of identifying himself, has marked his vote with a written instrument other than the pencil provided in the compartment.

Objections to be noted in poll book and given number.

117(1)

The deputy returning officer shall make a note in the poll book of every objection taken to a ballot paper by a scrutineer or candidate and shall decide any question arising out of the objection and the decision of the deputy returning officer on the objection

(a) is final subject only to reversal on a judicial recount or appeal as hereinbefore provided; and

(b) shall not be reversed or modified by the returning officer or Chief Electoral Officer.

Numbering of objections.

117(2)

Each objection noted in the poll book shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the deputy returning officer.

Endorsement, etc., of rejected and objected to ballots.

117(3)

The deputy returning officer shall endorse

(a) "rejected" on any ballot paper that he rejects as invalid;

(b) "rejection objected to" on any ballot paper that he rejects and in respect of which an objection is made to his decision; and

(c) "objected to but counted" on any ballot paper objected to but counted by him;

and shall place all ballots that he rejects in separate envelopes provided according to whether they are endorsed "rejected" or " rejection objected to"; and shall seal up the envelopes and after he has counted the ballots for the candidates shall place the ballots marked "objected to but counted" in a separate envelope provided therefor and shall seal up that envelope.

Accepted ballots arranged in piles.

118(1)

All the ballot papers that are not discarded or rejected shall be examined and arranged in piles according to the name of each candidate marked with the symbol X or as provided in subsection 116(2).

Counting allowed ballots.

118(2)

The deputy returning officer shall then count the number of ballot papers in each of the piles and credit each candidate with one vote in respect of each unrejected ballot which indicates an intent to vote for him.

Announcing results.

119(1)

After the number of votes cast for each candidate has been ascertained, the result may be announced to the public.

Statement of counts.

119(2)

The deputy returning officer shall make out a statement of the poll in triplicate in a prescribed form and the statement shall forthwith be signed by him and the poll clerk and such of the candidates or scrutineers as may be present and desire to sign it.

Disposal of copies.

119(3)

One copy of the statement shall be attached to the poll book, another shall be retained by the deputy returning officer, and a third shall be enclosed by him in a separate envelope supplied for the purpose and handed to the returning officer or placed in the ballot box.

Sealing up unendorsed ballots.

120(1)

After completing the statement of the poll and the certificate of ballot count, the deputy returning officer shall place the ballots not rejected and not objected to and indicating a vote for each of the candidates in a separate envelope provided for the purpose, marking on the outside of each of the envelopes, the name of the candidate whose ballots are placed therein and shall then place all those envelopes in a large envelope provided for the purpose and seal it and mark it to indicate the content and sign it; and any candidate or scrutineer present may write his signature across the flap of the envelope and may affix his seal thereto.

Arranging envelopes of ballots.

120(2)

The deputy returning officer shall then put the envelopes containing the rejected ballots and the rejections objected to ballots with the envelopes containing the spoiled and discarded ballots in a large envelope provided for the purpose and the unused ballot papers into a separate large envelope provided for the purpose and shall mark each to indicate the contents and shall seal and sign each envelope and any candidate or scrutineer present may write his signature across the flap of the envelopes and affix his seal thereto.

Disposition of election papers.

121(1)

The voters lists, the different envelopes containing the ballot papers, the poll book, and all other documents that were used at the election, other than the statement of the poll and the poll accounts, shall be placed in the ballot box which the deputy returning officer shall immediately lock and seal with his seal and with the seals of such of the candidates or scrutineers as desire to affix their seals.

Delivery of ballot box to returning officer.

121(2)

After locking and sealing the ballot box, the deputy returning officer shall enclose the key to the ballot box in an envelope supplied for the purpose and, as soon as possible thereafter, personally deliver the ballot box and the key separately to the returning officer or his agent appointed to call for it or, if the returning officer's office is a distance away and a post office or express office is nearer at hand, he shall send the key to the returning officer by registered mail and the ballot box to the returning officer by express or by registered mail.

Delivery of box by poll clerk or messenger.

121(3)

Where the deputy returning officer is unable to attend to the return of a ballot box and the key owing to illness or other cause he shall deliver them to the poll clerk or, if the poll clerk is unable to act, to a reliable messenger and shall write on the envelope containing the key and on the ballot box or on a ticket attached thereto, the name of the person to whom the key and the ballot box have been delivered and shall take a receipt therefor in the prescribed form and the poll clerk or person so chosen shall, without delay, deliver or mail the ballot box and the key separately to the returning officer as provided in subsection (2).

Closing of polling place.

122

Before leaving the polling place, the deputy returning officer shall see that statements of account for all fees and expenses of poll officials and rent are properly filled out and certified and delivered or mailed to the returning officer.

Counting of mailed and delivered ballots.

123(1)

As soon as possible after 8:00 o'clock in the evening on polling day for an election, the returning officer in the presence of the candidates or their scrutineers, if present, or in the presence of at least two electors if no candidates or scrutineers are present shall

(a) open the ballot box maintained by him for the purpose of keeping the certificate envelopes mailed or delivered to him under section 101;

(b) open the certificate envelopes contained therein and remove the ballot envelopes contained in each of the certificate envelopes;

(c) open the ballot envelopes and remove the ballots; and

(d) count and distribute the vote recorded on the ballots to the respective candidates, observing as nearly as possible sections 114 to 121 and the procedures applicable to an ordinary poll.

Statement of poll.

123(2)

The returning officer shall prepare a statement of his poll and a certificate of ballots similar to those required by a deputy returning officer of an ordinary poll and shall take the statement into account in counting up the total number of votes for each candidate.

Procedure on closing hospital polls.

124(1)

Immediately after closing the poll at 8:00 o'clock in the evening on polling day for an election, the deputy returning officer of a special poll established in a hospital under section 62, in the presence of the poll clerk and the candidates or their scrutineers who may lawfully be there, shall take all the special blank ballots cast in the hospital poll and the envelopes in which they are contained and place them in an envelope addressed to the Chief Electoral Officer and send it by registered mail or deliver it to the Chief Electoral Officer.

Sorting of envelopes containing special ballots.

124(2)

Upon receiving the envelope containing the special blank ballot papers, the Chief Electoral Officer shall open the envelope and sort the separate envelopes bearing the name and address of each voter according to the electoral division shown on the face thereof.

Ballots sent to returning officer.

124(3)

The Chief Electoral Officer shall place all the envelopes containing the special blank ballot papers for each electoral division in an envelope addressed to the returning officer of that electoral division and send them to the returning officer of that electoral division.

Time and place for counting ballots.

124(4)

The returning officer, upon receiving the envelope containing the special blank ballot papers from the Chief Electoral Officer, shall give notice to the candidates of the time and place at which the special ballot papers will be counted and at that time and place, in the presence of the candidates or their scrutineers, if present, or in the presence of at least two electors, if no candidates or scrutineers are present, shall

(a) open the envelope received from the Chief Electoral Officer containing the envelopes with the special blank ballot papers; and

(b) check the name and address given on each of the individual envelopes containing the special blank ballot papers:

(c) ascertain whether each voter whose name and address appears on an envelope containing a special blank ballot paper is on the list of voters for the electoral division and, if

(i) the voter's name is not on the voters list for the electoral division,

(ii) the address of the voter appearing on the envelope is within the electoral division, and

(iii) the oath on the envelope is properly completed and sworn, add the name of the voter to the voters list for the electoral division; and

(d) ascertain whether the voter has apparently voted at an advance poll or in a poll in a polling subdivision at which he would normally be entitled to vote.

Rejection of certain ballots.

124(5)

The returning officer shall set aside and not open any envelope containing a special blank ballot paper,

(a) the address of the voter on which is not an address within the electoral division; or

(b) the name and address on which indicate that it contains the vote of a person who appears to have voted at an advance poll or a poll in a polling subdivision at which he would normally vote.

Opening of envelopes.

124(6)

The returning officer shall open the remaining envelopes and take therefrom the inner envelope containing the special ballot papers and after separating the inner envelopes from the outer envelopes in such manner that the name of the voter cannot be identified with the ballot, open the inner envelopes and count the ballots that are not spoiled.

Allocating ballots to candidate.

124(7)

Each candidate shall be credited with one vote for each of the special ballots on which his name appears.

Procedure on closing moving poll.

125(1)

Immediately after 8:00 o'clock in the evening on polling day, the deputy returning officer of a moving poll established under section 64, in the presence of the poll clerk and the candidates or their scrutineers, if present, shall separate the ballots cast at the moving poll by use of the special blank ballots and the envelopes in which they are contained from the remaining ballots and shall, with respect to those special blank ballots and envelopes in which they are contained follow the procedures set out in section 124.

Counting of ordinary ballots from moving poll.

125(2)

After separating the special blank ballots and the envelopes in which they are contained as provided in subsection (1), the deputy returning officer for the moving poll shall proceed to deal with and count the ballots cast by voters on the voters lists of the electoral division in which the moving poll was established as provided in sections 114 to 122 and shall comply with the procedures therein set out.

TALLYING VOTES

Duties of returning officer on receipt of ballot box.

126(1)

After receiving the ballot boxes from the deputy returning officers in the electoral division and after notice to the candidate, the returning officer for an electoral division, in the presence of the candidates or their scrutineers, if present, or of at least two voters if the candidates or their scrutineers are not present, shall open the ballot boxes and check the statements, poll books and the totals indicated on the envelopes containing the ballot papers for each poll and, if the totals do not balance, he may open the envelopes containing the ballots solely for the purpose of counting the ballots to verify the totals but shall not, in any case, alter any decision of a deputy returning officer respecting the rejection or acceptance of a ballot.

Correcting statements.

126(2)

Where the returning officer, upon the examination of the statements, poll books and totals indicated on the envelopes containing ballot papers for a poll, finds that the statement of the deputy returning officer does not balance with the poll book and the totals indicated on the envelopes containing the ballot papers, he may, after ascertaining the correct totals for the ballots, correct the statement accordingly.

Totalling counts.

126(3)

After revising the statements as may be required, the returning officer shall count and record the total number of votes given in the electoral division for each candidate as well as the total number of valid ballot papers for all the electoral division.

Declaration of election.

127

If on the totalling of the votes for each candidate in the electoral division the returning officer finds that the number of votes for the candidate with the most votes exceeds the number of votes for each other candidate by more than 50 votes, he shall, at the place, day and hour appointed in the proclamation declare that candidate to be elected.

Application for recount.

128(1)

If, on the totalling of votes for each candidate in the electoral division the returning officer finds that the number of votes for the candidate with the most votes does not exceed the number of votes for each of the other candidates by more than 50 votes, he shall apply to a judge of the Court of Queen's Bench for a judicial recount of the ballots cast at the election and shall, at the place, day and hour appointed in the proclamation, announce the application for the recount and a place, day and hour at which he will make the declaration of the election.

Delay in declaration for judicial recount.

128(2)

Where before a returning officer declares a candidate elected in an election, an application is made for a judicial recount of the ballots cast at the election, the returning officer shall await the certificate of the judge who conducts the judicial recount before declaring a candidate elected.

Statements to candidates.

129(1)

The returning officer shall prepare a statement in duplicate in the prescribed form of the votes counted for each candidate at each poll and such other information as may be required to complete the form and shall deliver a copy thereof to each candidate or to his scrutineer or to the voter present representing the candidate.

Statements retained for 10 days.

129(2)

The returning officer shall retain for 10 days a statement prepared by him to allow an application to be made for a judicial recount of the votes as hereinafter provided.

Sealing election papers.

129(3)

After the counting of the votes has been completed, the candidate declared elected, the statement made out and the ballots replaced in the proper envelopes and sealed, the voters lists, the different envelopes containing the ballots, the poll book and other documents that served at the election shall be sealed with the seal of the returning officer and the seals of the candidates or their scrutineers if they so desire, and placed in the proper ballot boxes.

Announcement adjourned if ballot boxes delayed.

130(1)

Where, on the day fixed in the proclamation for announcing the result of the ballots, all the ballot boxes and ballots have not been returned or for any other reason the returning officer cannot ascertain the number of votes cast for each candidate, the returning officer shall adjourn the proceedings to a subsequent day which shall not be more than one week later than the day originally fixed and further like adjournments may be made but the proceedings shall not be delayed for longer than one month after the day so originally fixed in the proclamation.

Where reason for delay not resolved.

130(2)

Where, at the expiration of one month after the day originally fixed in the proclamation for announcing the result of the count of the ballots, the missing ballot boxes and the ballots have not been recoverable or any other reason for being unable to ascertain the number of votes cast for each candidate has not been remedied, he shall nevertheless announce the result of the count of the poll based on the information available to him at that time and he shall not consider any missing ballots unless he has the statement of the count of the poll from the deputy returning officer in which case he shall use the figures shown by that statement to determine the number of votes allotted to each candidate.

Opening ballot box for retrieval of documents, etc.

130(3)

Where the returning officer requires access to materials contained in a ballot box or it is necessary to retrieve documents or other materials inadvertently placed in the ballot box, he may, after adequate notice to the candidates and in their presence, or in the presence of their representatives, open a ballot box and after obtaining the information necessary or the documents or materials required, immediately reseal the ballot box.

JUDICIAL RECOUNT AND APPEAL

Application for judicial recount.

131(1)

Before the expiration of eight days after the returning officer of an electoral division has announced the results of the count of the ballots for the purpose of declaring a candidate elected in the electoral division, if a judicial recount is not required under section 128, any candidate or voter in the electoral division may apply to a judge of the Court of Queen's Bench for a judicial recount of the ballots cast at the election.

Fixing date, etc., of recount.

131(2)

Upon receiving an application under subsection (1) or under section 128 for a judicial recount of the ballots cast at an election in an electoral division, the judge shall fix a date which is within two weeks of the date the application is made and a time and place at which he will conduct the judicial recount.

Parties to judicial recount.

131(3)

The returning officer of the electoral division, the applicant for the judicial recount and each candidate in the election in the electoral division are parties to a judicial recount of ballots cast at an election in an electoral division conducted under this section and may be present, submit evidence and make submissions and may be represented by counsel and the deputy returning officers and poll clerks in the electoral division may be called as witnesses in the judicial recount.

Notice of judicial recount to C. E. O.

131(4)

Notice of each judicial recount shall be given to the Chief Electoral Officer.

Notice of recount.

132

The applicant for a judicial recount shall, not less than four days before the date fixed for the judicial recount, serve each of the parties to the judicial recount with a notice of the date, time and place at which the judicial recount will be conducted and the judge may, where he thinks personal service is impossible or impracticable, direct that service of the notice may be made by registered mail or in such other manner as he thinks fit.

Return to be delayed pending decision.

133

Where an application is made for a judicial recount of ballots cast at an election in an electoral division, the returning officer shall delay making his return to the Chief Electoral Officer until he receives the certificate from the judge of the result of the judicial recount and upon receiving the certificate of the judge he shall proceed to make his return.

Election officers to attend.

134

At the time and place appointed for the judicial recount, the returning officer and his election clerk or clerks shall attend with the ballot boxes and documents required for the judicial recount and the returning officer or his election clerk or clerks shall, at all times that the judicial recount is being proceeded with, be present and provide assistance to the judge in the conduct of the judicial recount but the ballot boxes and documents shall continue in the custody of the returning officer and he is responsible for them subject to any directions that the judge may give with respect thereto.

Judge to conduct judicial recount.

135(1)

At the time and place appointed for the judicial recount, in the presence of the persons attending, the judge shall

(a) hear and determine every complaint or submission in respect of a decision of a deputy returning officer to reject a ballot or to count a ballot to which an objection has been made and either confirm or reverse the decision of the deputy returning officer with respect thereto;

(b) subject to his decisions made under clause (a), recount all the ballots counted by the several deputy returning officers; and

(c) open all the sealed envelopes containing any or all of the ballot papers, except the envelopes containing the spoiled and discarded ballots, for the purpose of ascertaining the number of ballots therein.

Proceedings continuous.

135(2)

The judge shall, as far as practicable, proceed continuously allowing only time for refreshment and excluding, except as far as he and the parties agree, the hours between 5:00 o'clock in the afternoon and 9:00 o'clock in the succeeding morning and Saturdays and Sundays.

Sealing up documents during recess.

135(3)

During the excluded times and times for refreshments, the judge shall place the ballot papers and other documents relating to the election in packages or containers under his own seal and the seals of such of the parties to the judicial recount as desire to affix their seals and shall otherwise take all necessary precautions for the security of the ballots and documents.

Powers of judge.

135(4)

On the judicial recount the judge shall proceed according to the provisions of this Act respecting the counting of ballot papers at the close of the polls and for that purpose he shall have all the powers that a deputy returning officer has in making his count and he may examine the poll book and shall verify and correct the statement of the poll.

Oral evidence.

135(5)

On a judicial recount, the judge may receive such oral evidence as may be adduced by any of the parties to the appeal.

Sealing up papers at close of hearing.

135(6)

Upon the completion of a judicial recount, the judge shall announce the result of the judicial recount and shall seal up all the ballot papers and the original statements and other documents in their respective envelopes.

Judge's certificate held pending appeal.

136(1)

The judge shall delay the sending of his certificate to the returning officer for five days after the completion of the judicial recount in order to allow time for an appeal as hereinafter provided.

Certification of result where no appeal.

136(2)

Where no notice of appeal is given to the judge within five days after the announcement of the result of the judicial recount, he shall forthwith certify the result to the returning officer who shall then forthwith declare elected the candidate having the largest number of votes on the basis of the judge's judicial recount.

Delay of certificate on appeal.

136(3)

Where an appeal is taken from a judicial recount, the judge who conducted the judicial recount shall await the result of the appeal before sending his certificate to the returning officer.

Copies of certificate.

136(4)

The judge shall, upon request, allow each party to make a copy of the certificate of his findings before it is forwarded to the returning officer.

No costs on judicial recount.

137

No costs shall be awarded in proceedings on a judicial recount and each party thereto is responsible for and shall bear his own costs, including witness fees in respect of any witness subpoenaed other than deputy returning officers or poll clerks who are subpoenaed as witnesses, the witness fees for which shall be paid by the Chief Electoral Officer.

Appeal from decision of judge.

138(1)

A party to a judicial recount who desires to appeal from a judicial recount of a judge may do so on giving, within five days after the announcement of the result of the judicial recount, notice in writing of the appeal to the judge who conducted the judicial recount and to all the parties to the judicial recount and he may, by the notice, limit the appeal to decision of the judge in respect of specified ballots.

Duty of judge.

138(2)

Where the appeal is limited, the judge shall seal up the ballots that are the subject of the appeal in a separate package together with the notice and the certificate showing his finding and shall cause them to be delivered or sent by registered mail to the registrar of the Court of Appeal but, where the appeal is not limited, the judge shall require the returning officer to forward all the ballot papers and other papers to the registrar of the Court of Appeal.

Duty of registrar.

138(3)

On receipt of the ballot papers and notice, the registrar of the Court of Appeal shall forthwith obtain an appointment from the Court of Appeal for hearing the appeal and shall notify the parties to the judicial recount or their solicitors and the Chief Electoral Officer of the time appointed.

Time of hearing.

138(4)

The time appointed for hearing the appeal shall not be more than 10 days after the registrar receives the notice of appeal.

Decision of court

138(5)

At the time appointed, the Court of Appeal shall recount the ballot papers or such of them as are the subject of the appeal, or shall review the decision of the judge in respect of which the appeal was taken, as the case may be, and shall forthwith certify its decision to the judge who shall conform to the decision and certify the result without delay to the returning officer.

Costs.

138(6)

No costs shall be awarded on an appeal under this section.

Declaration after judicial recount.

139(1)

Upon receiving the certificate of the judge conducting the judicial recount, the returning officer shall declare the candidate with the most votes as indicated in the certificate duly elected.

Returning officer has casting vote.

139(2)

Where after an appeal from a judicial recount, or after a judicial recount from which no appeal is taken, there is an equality of votes between two or more candidates who have more votes than any other candidates in the election, the returning officer shall give a casting vote to determine the election and shall thereupon declare the candidate for whom he casts the vote duly elected.

RETURN OF WRIT

Return of writ and R. O.'s return.

140(1)

Where the returning officer has declared the result of an election, he shall transmit his return in the prescribed form duly certified and the writ to the Chief Electoral Officer

(a) if there has been an appeal or recount, immediately after the receipt of the certificate of the result thereof: and

(b) if no appeal or recount has been launched, immediately after the 10th day after announcing the result of the count of the ballots and declaring the name of the candidate duly elected.

Statement to accompany return.

140(2)

The returning officer shall attach a copy of the statement made under section 129 to his return to the Chief Electoral Officer.

Return of election materials.

140(3)

As soon as practicable after returning the writ to the Chief Electoral Officer, the returning officer shall return the keys to the ballot boxes and the ballot boxes in which shall be contained the voters lists for the polls, all ballot papers, poll books and other documents sent to him by the deputy returning officer; together with a report of his proceedings in which he shall make any observations he thinks proper.

Affidavit with return.

140(4)

The returning officer forthwith after transmitting his return shall make an affidavit in the prescribed form and send it to the Chief Electoral Officer by registered mail.

Report on election organization.

141(1)

Every returning officer of an electoral division at an election shall, within 30 days after making his return for the election to the Chief Electoral Officer furnish the Chief Electoral Officer with a complete statement of his organization for the conduct of the election including

(a) a description of the polling subdivisions of the electoral division;

(b) the address of the polling places for the polling subdivisions;

(c) the names and addresses of his election clerk, the enumerators, deputy returning officers, and poll clerks at the election; and

(d) such other information as may be specified by the Chief Electoral Officer.

Information for statement.

141(2)

For the purposes of completing a statement under subsection (1), a returning officer may obtain access to materials or retrieve documents or materials in a ballot box.

PUBLICATION OF RESULTS

Notice and publication of return.

142(1)

The Chief Electoral Officer shall, on receiving the return of a member elected to the assembly from the returning officer, give notice to the Lieutenant Governor and the Clerk of the Assembly of

(a) the receipt of the return and the name of the returning officer who made it;

(b) the name of the member elected;

(c) the name of every other candidate at the election;

(d) the number of names on the voters lists of the electoral division for which the member is elected;

(e) the number of ballot papers cast at the election;

(f) the number of rejected ballot papers; and

(g) the number of votes for each candidate in the valid ballots cast;

and shall publish a copy of the notice in the Manitoba Gazette.

Publication of detailed returns.

142(2)

The Chief Electoral Officer shall cause to be published, within six months after the polling day at an election, a book containing poll by poll results of the election.

Retention of election papers.

143(1)

After an election in an electoral division, the Chief Electoral Officer shall retain all ballots and other documents used and prepared for the election until the time for filing a petition under The Controverted Elections Act to controvert the election has expired or, if a petition is filed under The Controverted Elections Act to controvert the election, until three months after the decision on the petition, or on any appeal taken therefrom, is delivered, and thereafter

(a) he shall destroy all ballot papers marked, spoiled or discarded at the election;

(b) shall retain the voters lists and poll books transmitted to him until the publication, pursuant to section 141, of the name of the elected candidate at the next succeeding election of a member of the assembly for the electoral division or for two years, whichever is the shorter period and shall thereupon, after giving notice to the Provincial Archivist, destroy any voters lists or copies thereof and poll books of which the archivist does not wish to take possession; and

(c) shall retain the other documents used or pertaining to the election for at least six months and shall thereupon, after giving notice to the archivist, destroy those of them of which the archivist does not wish to take possession.

Provincial archives.

143(2)

On the written request of the Provincial Archivist, the Chief Electoral Officer shall, on the expiration of the periods mentioned in subsection (1), send to the Provincial Archivist for inclusion in the provincial archives any voters lists, poll books or other documents used or pertaining to an election other than marked, spoiled or discarded ballot papers.

Inspection of election documents.

144

After the name of the candidate elected in an electoral division has been published in the Manitoba Gazette, the Chief Electoral Officer shall allow persons to inspect any election papers in his custody, other than ballot papers, at any reasonable hour unless the inspection would interfere with or restrict the Chief Electoral Officer and his staff in auditing, checking, processing, sorting and otherwise dealing with the election documents in the performance of their duties.

OFFENCES AND PENALTIES

Influencing votes, etc.

145(1)

Every person who, directly or indirectly, himself or by another, gives or grants any benefits, or promises or undertakes to give or grant any benefit to or for any person for the purpose of inducing that person or another

(a) to vote or refrain from voting at an election: or

(b) to vote or refrain from voting for a particular candidate at an election: or

(c) to nominate or refrain from nominating a person as a candidate in an election: or

(d) to run or refrain from running as a candidate in an election; or

(e) to procure unlawfully or attempt to procure unlawfully the election of a person at an election;

is guilty of an election offence.

Agreeing to vote, etc.

145(2)

Every person who, directly or indirectly, himself or by another, in consideration of any benefit or of any promise of a benefit for himself or another, promises or undertakes

(a) to vote or refrain from voting at an election; or

(b) to vote or refrain from voting for a particular candidate at an election; or

(c) to nominate or refrain from nominating a person as a candidate in an election; or

(d) to run or refrain from running as a candidate in an election; or

(e) to procure unlawfully or attempt to procure unlawfully the election of a person at an election;

is guilty of an election offence whether or not he actually carries out the promise or undertaking.

Receiving benefits for voting, etc.

145(3)

Every person who, directly or indirectly, himself or by another, receives, requests or demands any benefit for himself or for another in consideration of or in return for

(a) voting or refraining from voting at an election; or

(b) voting or refraining from voting for a particular candidate at an election; or

(c) nominating or refraining from nominating a person as a candidate in an election; or

(d) running or refraining from running as a candidate in an election; or

(e) procuring unlawfully or attempting to procure unlawfully the election of a person at an election;

is guilty of an election offence.

Additional penalty.

145(4)

In addition to any other fine or penalty provided for punishment of an offence under this section, a person convicted of an offence under this section is liable to a further fine equal to double the amount of, or the value of, the benefit involved in relation to the offence.

Personal expenses of candidates.

146(1)

The actual personal expenses of a candidate, his reasonable expenses for actual professional services performed and bona fide payments for fair cost of printing and advertising and other lawful reasonable expenses in connection with an election incurred by a candidate or an agent of a candidate in good faith, and without corrupt intent, shall be deemed to be expenses lawfully incurred and the payment or receipt thereof or the promise of payment thereof is not a contravention or violation of any provision of this Act.

Distributing pamphlets.

146(2)

The distribution by a candidate or by his agent or by any person acting on his behalf, of political pamphlets or other political literature which do not contain false statements as described in section 154 or 155, or the sending or the causing to be sent to voters by a candidate or by his agent or by other persons on his behalf, of newspapers or magazines containing political articles, reports of political meetings, or reports of other matters of public interest, is not an illegal act or a contravention or violation of any provision of this Act.

Treating.

147

Every person who, directly or indirectly, by himself of by another person, either before, during or after an election period, gives or provides, or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part the expense of giving or providing, any meat, drink, refreshment or provision or any money or ticket or other means or device to enable the procurement of any meat, drink, refreshment or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at that election or an account of the person or any other person having voted or refrained from voting or being about to vote or refrain from voting at the election, and every person who corruptly accepts or takes any such meat, drink, refreshment or provision, or any such money or ticket, or who corruptly adopts any other means or device to enable the procuring of meat, drink, refreshment or provision in return for giving or refraining from giving his vote at the election or an account of some other person having voted or refrained from voting at the election, is guilty of an election offence.

Making or solicitation of donations.

148(1)

Subject to subsections (2) and (3), no candidate at an election shall, during the election, make or promise to make, directly or indirectly, a subscription or donation for any religious, charitable, philanthropic or benevolent purpose, or to any corporation, association, society or organization and no person shall solicit any such subscription or donation from a candidate at an election during the election.

Exemption.

148(2)

Nothing in this section prohibits a candidate from making a subscription or donation

(a) to a church of which he is a member or adherent or which he attends regularly or to any other religious or fraternal organization of which he is a member at any time; or

(b) to a charitable, philanthropic, or benevolent corporation, association, society or organization

(i) that is duly authorized within the meaning of The Charities Endorsement Act, and

(ii) that annually or periodically makes appeal for subscriptions or donations, at the time, or during the period in which, it is making such an annual or periodic appeal;

or prohibits any person from soliciting such a subscription or donation from a candidate on behalf of any church, organization, corporation, association or society described in clause (a) or (b), at any time when, or during any period in which, under this subsection the candidate could make such a subscription or donation without contravening subsection (1).

Donations at meetings, etc.

148(3)

Nothing in this section prohibits a candidate from giving or paying an amount not exceeding $10. at a meeting, tea or reception held for any purpose mentioned in subsection (1) or held by any corporation, association, society or organization.

Candidate may not bet on election.

149(1)

A candidate at an election who, before or during the election, makes a bet or wager, or takes a share or interest in, or in any manner becomes a party to, or provided money to another to be used for, a bet or wager, upon the result of the election in the electoral division or in any part thereof, or upon any event or contingency relating to the election, is guilty of an election offence.

Betting to influence election.

149(2)

A person who, for the purpose of influencing an election in an electoral division, makes a bet or wager upon the result of the election in the electoral division or in any part thereof, or upon any event or contingency relating thereto, is guilty of an election offence.

Restraint on voters.

150(1)

Any person who, directly or indirectly, himself or by any person on his behalf, uses or threatens to use force, violence or restraint, or inflicts or threatens to inflict any injury, damage, harm or loss, or in any manner practises intimidation upon or against, a voter in order to induce or compel him to vote or refrain from voting or on account of his having voted or refrained from voting or who, by abduction, duress or false or fraudulent pretense, device or contrivance, impedes, prevents or otherwise interferes with the free exercise of the franchise of a voter, or thereby compels, inducts or prevails upon a voter to vote or refrain from voting, is guilty of an election offence.

False representation that vote not secret.

150(2)

It is a false pretense within the meaning of this section to represent to a voter directly or indirectly that the ballot to be used or the mode of voting at an election is not secret.

Personating voter.

151

A person who,

(a) at an election applies for a ballot paper in the name of another person, whether living or dead, or of a fictitious person; or

(b) having voted at an election in an electoral division, applies for a ballot paper or votes in his own name at the same election or at an election in another electoral division having the same polling day;

is guilty of an election offence and liable on summary conviction to a fine of $1,000. and to imprisonment for a term not exceeding one year.

Voting without right.

152

A person who votes, knowing that he has no right to vote, or who induces or procures any other person to vote, knowing that that person has no right to vote, is guilty of an election offence.

Appointment of official on false pretences.

153

A person who

(a) procures an appointment as deputy returning officer or poll clerk by false pretence, deceit or other improper means; or

(b) acts as deputy returning officer without lawful authority;

is guilty of an election offence.

Publishing false statement of withdrawal.

154

A person who, during an election, knowingly publishes a false statement of the withdrawal of a candidate at the election is guilty of an election offence.

Defamation of candidate.

155

A person who during an election, for the purpose of influencing the outcome of the election makes or publishes any false statement of fact in relation to the person character or conduct of a candidate in the election is guilty of an election offence.

False entries in voters lists.

156(1)

Every enumerator, returning officer or revising officer, as the case may be, who

(a) omits from or strikes off a voters list the name of a person he knows is entitled to have his name entered theron; or

(b) adds to or retains on a voters list the name of a person he knows to be fictitious or the name of a person he knows is not entitled to have his name added or retained on the voters list;

is guilty of an election offence.

False statements respecting voters lists.

156(2)

Every person who knowingly makes a false statement for the purpose

(a) of having the name of any person entitled to have his name entered on a voters list omitted from or struck off the voters list; or

(b) of having the name of a dead or fictitious person or of any person including himself who is not entitled to have his name added to or retained on a voters list, added to or retained on a voters list;

is guilty of an election offence.

Refusal or neglect to deliver ballot box.

157

A deputy returning officer or poll clerk or messenger entrusted therewith who. without lawful excuse, neglects or fails to deliver or forward the ballot box to the returning officer forthwith after the sealing of it as provided in section 121 is guilty of an election offence.

Falsifying poll book or voters list.

158

A returning officer, deputy returning officer, enumerator or other person whose duty it is to deliver poll books or voters lists to be used in an election or who has the custody of a voters list or poll book used or to be used for polling purposes, who knowingly makes a false declaration respecting, or a false insertion in, or false erasure from or in any other way falsifies, the voters list or poll book, is guilty of an election offence.

Election material improperly taken.

159

Every person who, by improperly removing any ballots, ballot box, paper or document from the custody of the Chief Electoral Officer, a returning officer, a deputy returning officer, a poll clerk or other officer having lawful custody thereof, delays or impedes the course of an election, or any procedure in connection with enumeration, or preparation or revision of a voters list, or the taking or counting of votes at an election, or the making of any return or declaration in an election, is guilty of an election offence.

Destroying ballots, etc.

160

Every person who

(a) fraudulently alters, defaces, or destroys, a ballot paper or the initials of a deputy returning officer thereon; or

(b) without authority supplies a ballot paper to any person; or

(c) during polling at a polling place or at any time before the ballots in a ballot box are counted, places in a ballot box any paper other than the ballot paper that he is authorized by law to place therein; or

(d) delivers to the deputy returning officer to be placed in the ballot box any paper other than the ballot paper given to him by the deputy returning officer: or

(e) takes a ballot paper out of the polling place; or

(f) without authority destroys, takes, opens or otherwise interferes with, a ballot box or book or packet of ballot papers or a ballot paper or ballot in use or used for the purpose of an election: or

(g) being a deputy returning officer, fraudulently puts his initials on the back of a paper, other than a ballot paper that purports to be or is capable of being used as a ballot paper at an election; or

(h) without authority prints a ballot paper, or what purports to be, or is capable of being used as, a ballot paper at an election; or

(i) being authorized by a returning officer to print ballot papers for an election, prints more ballot papers than he is authorized to print;

is guilty of an election offence.

False counts, etc.

161

Every returning officer, deputy returning officer, poll clerk or supervisor, who knowingly miscounts the ballots, or otherwise makes a false statement or certificate, is guilty of an election offence.

Destroying election notices, etc.

162(1)

Every person who, without authority, destroys, obliterates, takes down, covers up, mutilates, defaces or alters any voters list, notice or other document required to be posted up under any provision of this Act is guilty of an offence and, if the person found guilty is an enumerator, returning officer, election clerk, deputy returning officer, poll clerk or other officer engaged under this Act, he is guilty of an election offence.

Notice of offence.

162(2)

Every voters list, notice or other document requirted to be posted up under any provision of this Act shall have printed thereon or posted up in close proximity where it can be easily read, a notice in a prescribed form indicating that it is an offence to destroy, obliterate, take down, cover up, mutilate, deface or alter the voters list, notice or other document.

Refusal to provide voters lists, etc.

163

Every returning officer who refuses or fails, without reasonable excuse, to furnish copies of a voters list upon request or when so required, to or for a candidate as provided in this Act or to allow a candidate or his agent or any voter to inspect or make a copy of a voters list as provided in this Act, is guilty of an offence.

Penalty for election offence.

164

Every person guilty of an election offence for which no penalty is provided elsewhere in this Act is liable, on summary conviction to a fine of not more than $2,000. or to imprisonment for a term of not more than one year or to both.

Offence.

165(1)

Every person who contravenes, violates or fails to comply with any provision of this Act is guilty of an offence.

Penalty for offences.

165(2)

Every person who is guilty of an offence under this Act other than an election offence and for which no penalty is provided elsewhere in this Act is liable, on summary conviction, to a fine of not more than $200. or to imprisonment for a term of not more than two months or to both.

Parol evidence of writ.

166

In a prosecution or proceeding it is not necessary to produce the writ of election or the return thereto, or the appointment or authority of the returning officer founded upon the writ of election but parol evidence of those facts is sufficient proof.

Fact of election by returning officer's certificate.

167

The certificate of a returning officer to the effect that an election has been held constitutes proof of that fact and of the fact of any person therein stated to have been a candidate, having been a candidate in the election but those facts may also be proved by parol evidence.

Restrictions on prosecutions.

168

No person other than the Chief Electoral Officer shall institute proceedings to prosecute anyone for an offence under this Act.

Crown not to prosecute.

169(1)

Neither the Crown, nor any officer of the Crown, has any status or shall take any steps or interfere in any way with the conduct of a prosecution for an offence under this Act by the Chief Electoral Officer.

Intervention in proceeding.

169(2)

Subject to subsection (1), in the event of suspension or delay at any stage of a prosecution for an offence under this Act, the court before which the matter is pending may permit one or more persons to intervene and carry on the proceedings to a final determination.

Status in prosecutions.

170

For the purposes of prosecutions for offences under this Act, the Chief Electoral Officer

(a) may lay informations and complaints;

(b) may institute proceedings; and

(c) has all the rights, powers, authority and privileges that the Crown, and officers of the Crown, have in or in respect of prosecutions for offences under any other Act of the Legislature.

EFFECT ON ELECTIONS OF OFFENCES AND IRREGULARITIES

Election offence by candidate or official agent. 171(1) Where a court hearing a petition under The Controverted Elections Act determines and reports that an election offence has been committed by a candidate or his official agent, whether with or without the actual knowledge and consent of the candidate, the election of the candidate, except as provided in subsection (2), is void.

Where election not voided.

171(2)

Where a court hearing a petition under The Controverted Elections Act determines that an official agent of a candidate was guilty of an election offence that would otherwise render the election void and further finds that

(a) no election offence was committed at the election by the candidate personally and that the election offence of the official agent was committed contrary to the order and without the sanction or connivance of the candidate;

(b) the candidate took all reasonable means for preventing the commission of election offences at the election;

(c) the election offence was of a trivial, unimportant and limited character; and

(d) in all other respects, so far as disclosed by the evidence, the election was free from any election offence on the part of the candidate and of his official agent;

the election of the candidate is not by reason of the election offence, void.

Candidate acting in ignorance but in good faith.

171(3)

Where a court hearing a petition under The Controverted Elections Act finds that an act constituting an election offence was committed by a candidate or with his actual knowledge and consent but without any corrupt intent and in excusable ignorance that the act constituted an election offence, and that the candidate honestly desired, and in good faith endeavoured as far as he could, to have the election conducted according to law, the election of the candidate is not, by reason of the election offence, void.

Second election not voided by election offences at first.

172

Where an election is set aside and a second election had, the second election shall be deemed to be a new election and is not voided by reason of election offences committed at the first election.

Corrupt vote not to be counted.

173

At the trial of an election petition, one vote for each person proved to have voted, after having been guilty of an election offence at the instigation of a candidate, his official agent, or any of the scrutineers, or any other person acting in the name or in the interest of the candidate, shall be struck off from the number of votes given in favour of the candidate.

Election not invalid for irregularities.

174

No election is invalid by reason of

(a) any irregularity on the part of the returning officer or in any of the proceedings preliminary to the polls; or

(b) a failure to hold a poll at any place appointed for holding a poll; or

(c) non-compliance with the provision of this Act as to the taking of the poll or the counting of the votes or as to limitations of time; or

(d) any mistake in the use of any prescribed form;

if it is shown, to the satisfaction of the court having cognizance of the question, that the election was conducted in accordance with the law respecting elections and that the irregularity, failure, non-compliance or mistake, did not materially affect the result of the election.

MISCELLANEOUS

Regulations.

175

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith, and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) respecting the establishing of advance polls and proceedings thereat;

(b) fixing fees and expenses, if any, to be paid to any person for services performed by him and required to be performed under this Act. including the fees and expenses of returning officers, deputy returning officer, election clerks, poll clerks, enumerators and other officers appointed under this Act;

(c) prescribing a tariff of rents payable for polling places.

Forms.

176

The Chief Electoral Officer may prescribe forms to be used under this Act and may provide that the forms are to be used in particular cases or classes of cases or for prescribed purposes.

Expenses of election paid out of Consolidated Fund.

177

The compensation of returning officers and other persons employed at or with respect to elections under this Act and all expenses consequent thereupon shall be paid from the Consolidated Fund.