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The Elections Act

R.S.M. 1987, c. E30

The Elections Act

Table of Contents

1 Definitions.
2 Endorsement of candidate.
3 Date of election.
(2) Day fixed falling on holiday.
(3) Period expiring on holiday.
4 Authority to take affidavits.
(2) No one to take one's own oath.
(3) No fee for taking oath.
(4) Affirmations in place of oath.
(5) Form of affirmation.
CHIEF ELECTORAL OFFICER
5 Appointment of Chief Electoral Officer.
(2) Salary.
(3) Reduction of salary.
6 Term of office.
(2) Removal or suspension.
(3) Suspension of Chief Electoral Officer.
(4) Action by assembly on suspension.
7 Application of Civil Service Act
(2) Application of Civil Service Superannuation Act.
8 Chief Electoral Officer not to vote, etc.
9 Appointment of Deputy Chief Electoral Officer and staff.
(2) Power of deputy to act in place of C. E. O.
10 Powers and duties of C. E. O.
(2) Reports to Assembly.
(3) Review of report by Committee.
(4) Special powers of C. E. O.
(5) Replacement of election officer.
(6) Report on removal of returning officer.
(7) Notices by Chief Electoral Officer.
(8) Notices by Chief Electoral Officer in remote areas.
ELECTION OFFICERS
11 Who may not be election officers.
(2) Appointing substitute election officers.
12 Procedure on appointment of new returning officer.
13 Oaths of election officers.
(2) Oaths sent to Chief Electoral Officer.
14 Acts by unqualified persons.
15 Penalty for refusing to act.
16 Officer to notify C. E. O.
(2) Chief Electoral Officer acts.
17 Appointment of returning officers.
(2) Notice of ceasing to act.
18 Appointments in anticipation of change of electoral division.
(2) Powers of returning officer appointed under subsec. (1).
19 Restriction on voting by returning officer.
20 Appointment of election clerk.
(2) Additional election clerk.
(3) Duties of election clerk.
21 Appointment of D. R. O's.
(2) Senior D. R. O.
22 Appointment of poll clerks.
(2) Duties of poll clerk.
(3) Poll clerk to act as D. R. O.
(4) Appointment of another poll clerk.
(5) Commission and oath.
(6) Substitute poll clerk.
23 D. R. O. and poll clerk from out of electoral division.
24 Returning officer and D. R. 0. to be peace officers.
(2) Constables.
PROCEEDINGS AT BEGINNING OF ELECTION
25 Writ commencing election.
(2) Transmitting writs.
(3) Postponing election.
26 Transmission of election materials.
27 Proclamation of election.
(2) Time for receiving nominations.
(3) Publication of proclamation.
(4) Posting of proclamations, etc.
28 Notice of general election.
(2) Notice of by-election.
29 Subdivision of electoral division into polling subdivisions.
(2) Considerations on subdivision.
(3) Descriptions of polling subdivisions.
(4) Former polling subdivisions.
VOTERS LISTS
30 Appointment of enumerator.
(2) Enumeration.
(3) Lists in urban polling subdivisions.
(4) Lists in other polling subdivisions.
(5) Method of obtaining information in rural polling subdivisions.
(6) Method of obtaining information in urban polling subdivision.
(7) Memorandum for voter.
(8) Call in cards.
(9) Enumerators' right of entry.
(10) Obstructing enumerator.
31 Persons disqualified from voting.
32 Qualification for voters list.
(2) Adding name where qualified after enumeration.
33 Use of old lists.
(2) Forward list to returning officer.
(3) Use of information from other enumerations.
34 Residence within polling subdivision.
(2) Presumption for enumeration.
35 Rules of residence.
(2) Change of residence within province.
(3) Notice to other returning officers.
36 Completion of list.
(2) Posting and delivery.
(3) Notice with posting of list.
(4) Fees of anumerator.
37 Copies of voters lists for public inspection.
(2) Copy for printer.
(3) Manner of printing.
(4) Printing.
(5) Delivery to candidates.
REVISION OF VOTERS LISTS
38 Sittings of revising officers.
(2) Place for revision.
(3) Appointment of revising officers.
(4) Notice to enumerator.
(5) Notice of revision in Winnipeg.
(6) Notice of revision in other electoral divisions.
(7) Other notices of revision.
39 Revision process.
40 Who may apply for correction.
(2) Application for entering on list.
(3) Absence through sickness, etc.
(4) Application by enumerator.
41 Deletions from list.
(2) Applications for deletion of name.
(3) Notice to person whose name struck off.
42 Correction of errors.
43 Record of variations and applications.
44 Close of revision.
(2) Closing of revision.
(3) Certificate on close of revision.
45 Representatives permitted to be present at revision.
(2) Appointment of constables.
46 Printing of corrected lists.
(2) Distribution of corrected list.
47 Preparation of voters lists for polling subdivisons.
48 Application to add unenumerated names.
(2) Addition of names to list.
(3) Service of notice.
49 Appeal by person whose name struck off.
(2) Appeal of names added.
(3) Appeals of refused applications.
(4) Appeal to Queen's Bench.
(5) Notice of appeal to returning officer.
(6) Form of notice.
(7) Further notice of appeal.
(8) Parties to appeal.
(9) Judge to proceed summarily.
(10) Interruption of other proceedings.
(11) No appeal.
(12) Authority to proceed where no notice given.
(13) Limitation on appeals.
50 Delivery of lists to candidates.
51 Delivery of lists to D. R. O.
NOMINATION
52 Qualification of candidate.
53 Nomination paper.
(2) Requirements for validity.
(3) Consent to endorsement.
(4) Endorsement list
(5) Endorsement list of party applying for registration.
(6) Verification of endorsement.
(7) Forwarding of names on endorsement lists.
(8) Service of documents.
(9) Consent by telegram, etc.
54 Receipt for nomination paper.
55 Receiving nominations.
(2) Announcements of nominations.
56 Withdrawal.
(2) Notice of withdrawal.
57 Acclamation.
(2) Certificate to candidate.
(3) Return of election materials.
58 Where poll granted.
(2) Corrections on election notice.
59 Change of official agent.
60 Death of candidate.
POLLING PLACES
61 Provision of polling places.
(2) Location of polling places.
(3) Ease of access.
62 Hospital polls.
(2) Hospital polling places.
63 Moving poll for sparse population.
(2) Lists for polls.
64 Moving poll for patients, etc.
(2) Facilities for moving polls.
(3) List for moving polls.
65 Establishing advance polls.
(2) Ease of access.
(3) Publication of dates and places of advance polls.
(4) Days of advance poll.
(5) Additional advance polls.
(6) Conduct of advance polls.
(7) Lists for advance polls.
(8) Advance poll in returning officer's office.
(9) Method of conducting advance poll in R.O.'s office.
(10) Times of advance poll in R.O.'s office.
(11) Officers for advance poll in R.O.'s office.
66 School houses to be used.
(2) Holiday in school where used.
67 Change of polling place.
(2) Identifying poll.
68 Voting compartments in poll.
(2) Voting facilities in moving polls.
(3) Equipment of compartment.
(4) Pencil.
69 Rent of polling place.
70 Posting notice of secrecy.
(2) Notice of secrecy in moving poll.
71 Polling places in large subdivisions.
(2) Division of list.
72 Hours of polling.
BALLOTS AND BALLOT BOXES
73 Ballots to be printed papers.
(2) Form of ballot
(3) Paper supplied for ballot paper.
(4) Returning officer to have ballots printed.
(5) Special blank ballots.
(6) Stubs.
(7) Names on ballot.
(8) Name of political party.
(9) Numbering of stub.
(10) Affidavit of delivery.
(11) Returning officer to supply ballots to D. R. O.
(12) Where candidate has withdrawn.
74 Delivery of ballot box to R. O.
(2) Types of ballot boxes.
(3) Delivery of ballot boxes to D. R. O.
(4) Contents of ballot box.
(5) D. R. O. may make box.
(6) Property in ballot boxes, etc.
75 Directions for voters.
(2) Posting of directions.
RIGHT TO PRESENCE IN POLL
76 D. R. O. to attend before opening.
(2) Checking materials.
77 Scrutineers.
(2) Scrutineers in polling places.
78 Persons who may remain in poll.
(2) Limitation on scrutineers.
CONDUCT OF POLLS
79 Treatment of ballot box.
(2) Placing of ballot box.
(3) Moving ballot box for disabled person.
(4) Poll clerk to accompany D. R. O.
(5) Voting outside polling place.
80 Treatment of ballot box in moving poll.
81 Sealing of ballot box.
(2) Access to ballot box.
(3) Reopening of ballot box for opening.
(4) Proceedings at close of poll.
VOTERS
82 Persons entitled to vote.
83 Right to vote at advance poll.
(2) Declaration of voter.
(3) List of voters at advance poll.
(4) Record of voting at advance poll.
84 Voter presenting himself for voting.
85 Persons not on list entitled to vote.
(2) Oath of applicant.
(3) Administration of oath.
(4) Application of section to advance polls.
86 Oath of voter.
(2) Refusal to take oath.
(3) Refusal of oath.
87 Proof of citizenship.
(2) Certificate of Canadian citenzenship.
88 Persons not understanding language.
(2) Interpreter not available.
(3) Oath of interpreter.
(4) D. R. O. or poll clerk as interpreter.
89 Employees time for voting.
(2) Offence and penalty.
90 Certificates to vote at another poll.
(2) Restriction on granting certificates.
(3) Official voting on certificate.
(4) Cancellation of certificate.
(5) Only two scrutineers to vote at a poll.
VOTING
91 Voting by ballot.
92 D. R. O. issuing ballot.
93 Instructions to voter.
94 Vote without delay.
95 No one allowed in compartment.
96 Entries in poll book.
97 Use of special blank ballots.
(2) Patient voting in room, etc.
(3) Duties of D. R. O.
98 Manner of voting - ordinary ballot.
(2) Manner of voting - special blank ballot.
99 Blind or visually impaired voter.
100 Incapacitated voter.
(2) Oath by friend.
(3) Entries in poll book.
101 Application by incapacitated voter to mail ballot.
(2) Ballot sent to incapacitated voter.
(3) Record of voter.
(4) Marking of ballot by incapacitated voter.
(5) Instructions to voter.
(6) Receiving mailed ballots.
(7) Application to remote areas.
102 Voter attempting to take away ballot.
(2) Duty to arrest.
(3) Offence.
103 Voter declining to vote.
104 Applying for ballot deemed to be tendering vote.
105 Voter requiring ballot after another has voted in his name.
(2) Entries in poll book.
106 Spoiled ballots.
107 No person compelled to disclose vote.
(2) No person to induce voter to disclose vote.
108 Voter not to be interfered with.
109 Voter not to show ballot.
110 Maintaining secrecy.
(2) Not to state how voter voted.
POLITICAL ACTIVITIES ON VOTING DAYS
111 Distribution of circulars, etc., near polling place.
(2) Removal of signs, etc., near polling place.
(3) Failure to comply with request to remove signs, etc.
112 Flags, etc., on election day.
(2) Exception.
CLOSING POLLS AND COUNTING BALLOTS
113 Closing poll.
114 Duties respecting spoiled ballots.
115 Counting names on poll book.
(2) Count number of ballots.
(3) Dicarded ballots.
116 Ballots to be rejected in count.
(2) Marks allowed on ballot.
(3) Dots, etc. on ballots.
(4) Other pencils, etc.
117 Objections to be noted in poll book and given number.
(2) Numbering of objections.
(3) Endorsement, etc., of rejected and objected to ballots.
118 Accepted ballots arranged in piles.
(2) Counting allowed ballots.
119 Announcing results.
(2) Statement of counts.
(3) Disposal of copies.
120 Sealing up unendorsed ballots.
(2) Arranging envelopes of ballots.
121 Disposition of election papers.
(2) Delivery of ballot box to returning officer.
(3) Delivery of box by poll clerk or messenger.
122 Closing of polling place.
123 Counting of mailed and delivered ballots.
(2) Statement of poll.
124 Procedure on closing hospital polls.
(2) Sorting of envelopes containing special ballots.
(3) Ballots sent to returning officer.
(4) Time and place for counting ballots.
(5) Rejection of certain ballots.
(6) Opening of envelopes.
(7) Allocating ballots to candidate.
125 Procedure on closing moving poll.
(2) Counting of ordinary ballots from moving poll.
TALLYING VOTES
126 Duties of returning officer on receipt of ballot box.
(2) Correcting statements.
(3) Totalling counts.
127 Declaration of election.
128 Application for recount.
(2) Delay in declaration for judicial recount.
129 Statements to candidates.
(2) Statements retained for 10 days.
(3) Sealing election papers.
130 Announcement adjourned if ballot boxes delayed.
(2) Where reason for delay not resolved.
(3) Opening ballot box for retrieval of documents, etc.
JUDICIAL RECOUNT AND APPEAL
131 Application for judicial recount.
(2) Fixing date, etc., of recount.
(3) Parties to judicial recount.
(4) Notice of judicial recount to C. E. O.
132 Notice of recount.
133 Return to be delayed pending decision.
134 Election officers to attend.
135 Judge to conduct judicial recount.
(2) Proceedings continuous.
(3) Sealing up documents during recess.
(4) Powers of judge.
(5) Oral evidence.
(6) Sealing up papers at close of hearing.
136 Judge's certificate held pending appeal.
(2) Certification of result where no appeal.
(3) Delay of certificate on appeal.
(4) Copies of certificate.
137 No costs on judicial recount.
138 Appeal from decision of judge.
(2) Duty of judge.
(3) Duty of registrar.
(4) Time of hearing.
(5) Decision of court
(6) Costs.
139 Declaration after judicial recount.
(2) Returning officer has casting vote.
RETURN OF WRIT
140 Return of writ and R. O.'s return.
(2) Statement to accompany return.
(3) Return of election materials.
(4) Affidavit with return.
141 Report on election organization.
(2) Information for statement.
PUBLICATION OF RESULTS
142 Notice and publication of return.
(2) Publication of detailed returns.
143 Retention of election papers.
(2) Provincial archives.
144 Inspection of election documents.
OFFENCES AND PENALTIES
145 Influencing votes, etc.
(2) Agreeing to vote, etc.
(3) Receiving benefits for voting, etc.
(4) Additional penalty.
146 Personal expenses of candidates.
(2) Distributing pamphlets.
147 Treating.
148 Making or solicitation of donations.
(2) Exemption.
(3) Donations at meetings, etc.
149 Candidate may not bet on election.
(2) Betting to influence election.
150 Restraint on voters.
(2) False representation that vote not secret.
151 Personating voter.
152 Voting without right.
153 Appointment of official on false pretences.
154 Publishing false statement of withdrawal.
155 Defamation of candidate.
156 False entries in voters lists.
(2) False statements respecting voters lists.
157 Refusal or neglect to deliver ballot box.
158 Falsifying poll book or voters list.
159 Election material improperly taken.
160 Destroying ballots, etc.
161 False counts, etc.
162 Destroying election notices, etc.
(2) Notice of offence.
163 Refusal to provide voters lists, etc.
164 Penalty for election offence.
165 Offence.
(2) Penalty for offences.
166 Parol evidence of writ.
167 Fact of election by returning officer's certificate.
168 Restrictions on prosecutions.
169 Crown not to prosecute.
(2) Intervention in proceeding.
170 Status in prosecutions.
EFFECT ON ELECTIONS OF OFFENCES AND IRREGULARITIES
(2) Where election not voided.
(3) Candidate acting in ignorance but in good faith.
172 Second election not voided by election offences at first.
173 Corrupt vote not to be counted.
174 Election not invalid for irregularities.
MISCELLANEOUS
175 Regulations.
176 Forms.
177 Expenses of election paid out of Consolidated Fund.