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. |