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R.S.M. 1987, c. L180

The Local Authorities Election Act

Back to the Act

Table of Contents

1 Definitions.
2 References to forms.
(2) References to publishing.
(3) Reference to posting.
APPLICATION, OATHS
3 Application of Act.
4 Authority to administer oaths
(2) Oaths administered by election officials.
(3) Oath of official not to be taken before himself.
(4) Where fee not to be charged.
(5) Affirmation of witness instead of oath.
(6) Form of affirmation.
(7) References to taking an oath.
PART I
ELECTIONS
DIVISION I QUALIFICATIONS OF ELECTORS AND LIST OF ELECTORS
5 Qualification of electors.
(2) Extension of meaning of "owner".
(3) Right to vote in one ward only.
(4) Selection of voting ward.
(5) One place of residence only.
(6) Evidence of qualification of purchaser of land.
(7) Oral statement in lieu of statutory declaration.
(8) Trustee debarred from electors list.
(9) Names of purchasers and registered owner not both to be on list.
6 Provision for election in new authority.
7 Persons entitled to be electors.
8 Elections where territory added to municipality
9 Persons not entitled to vote.
10 Appointments.
(2) Elected persons not eligible as election officials.
(3) Term of office.
(4) Filling vacancies.
(5) Enumerator and duties.
(6) Revising officer and duties.
(7) Returning officer and duties.
(8) Oath of office.
(9) Offence.
(10) Returning officer performing duties of D.R.O.
11 Making of list of electors.
(2) Appointment of assistant enumerators.
(3) Assistant enumerators for two authorities.
(4) Oath of office.
(5) Allotment of polling subdivision.
(6) Making of list.
(7) List in rural polling subdivision.
(8) List in urban polling subdivisions.
(9) List in certain urban polling subdivisions.
(10) Authority of returning officer to direct form of list.
(11) Duty of urban assistant enumerator.
(12) Further duties of urban assistant enumerator.
(13) Duty of rural assistant enumerator.
(14) Duty of assistant enumerator as to qualifications.
(15) Use of information from other enumerations.
12 Voting where resident.
13 Rules of residence.
MAKING, POSTING, AND DELIVERY OF LISTS
14 Completion of list.
(2) Delivery to enumerator.
15 Fees of assistant enumerator.
16 Additions to list by enumerator.
17 Copies of list and disposal thereof.
(2) Printed or photographic copies.
(3) Names of officials.
(4) Page for certificates
(5) Copies of latest revised list.
18 Posting of list by enumerator.
19 Notice of revision.
(2) Contents of notice.
(3) Publication of notice of revision.
(4) Reduced number of days for revision.
20 Appointment of assistant revising officers.
(2) Oath of office.
(3) Duties of assistant revising officers.
21 Sittings for revision.
(2) Correction of errors in names.
22 Application to correct list.
(2) Notice of application.
23 Application by purchaser.
(2) Section 22 applies.
(3) Notice of application.
(4) Application by clerk.
24 Issue of subpoena.
25 Striking off electors for non-attendance.
26 Complainant dying.
27 Persons reaching voting age on or before date of election.
28 Transfers for purposes of qualifying electors ineffectual.
29 List of corrections.
(2) Corrections on original list.
(3) Certificates attached to list.
(4) Form of certificate.
(5) Meaning of original list.
30 Return of lists to enumerator.
31 Preparation of list and corrections made on revision.
(2) Distribution and printing.
(3) Printed lists for returning officer.
(4) Surplus copies.
(5) Disposal of surplus copies.
32 Certified copy.
33 List of electors to be used.
34 List of electors where new territory added.
(2) Deletion of names from electors' list of ceded territory.
35 New division of wards, new lists.
36 Payment of all charges by treasurer.
DEFAULTS AND PENALTIES
37 Provisions as to time directory only.
38 Proceedings to compel revision of lists.
39 Form of application.
40 Judge's order on application.
41 Penalty incurred by officials for omissions
42 Fraudulent qualification.
43 Offences and penalties.
DIVISION II NOMINATIONS
44 Nomination of candidates.
45 Notice to be given.
(2) Contents of notice.
(3) Presence of returning officer.
46 Making of nominations.
(2) Documents to accompany nomination.
(3) Form of declaration of candidate required.
(4) Forms of documents required.
(5) Rejection of nomination paper.
(6) Offence.
47 Proceedings on acclamation.
48 Where poll required.
49 Mailing of notice as to polling.
50 Appointment of agents.
51 Withdrawals.
52 Death of a candidate.
53 Where elections held.
(2) Polling hours.
PRELIMINARY PROCEEDINGS
54 Appointment of deputy returning officer.
(2) Duty of returning officer where no polling subdivisions.
(3) Provision of quarters for R.O.
(4) Appointment of assistant returning officers.
55 Return to be made by D.R.O.
(2) Offences by D.R.O.
POLLING PLACES
56 Appointment of polling places.
(2) Premises of candidate not to be used.
(3) Ease of access.
(4) Polling places in another local authority.
ADVANCE POLLS
57 Persons voting at advance polls.
(2) Days and hours to be open.
(3) Reduction of advance polling days.
(4) Ease of access.
(5) Statement of voter.
(6) Filing of statement.
(7) Other declarations.
(8) Ballot box.
(9) Custody.
(10) Proceedings at close of polls.
(11) Forms
WHERE ELECTORS MAY VOTE
58 Voting by resident elector.
(2) Voting by non-resident elector.
59 Certificate to entitle officers to vote.
60 Right to vote on production of certificate.
61 Authority to vote under certificate.
BALLOT BOXES
62 Procurement of ballot boxes.
(2) Construction of ballot boxes.
(3) Delivery of ballot boxes.
BALLOT PAPERS
63 Printing of ballot papers.
(2) Paper for ballots.
(3) Contents of ballot papers.
(4) Rotating ballot forms.
(5) Variation of prescribed sequence not to invalidate election.
(6) Different sets of ballots for mayor and aldermen.
(7) Form of ballot papers.
VOTING COMPARTMENTS AND MATERIALS
64 Compartment for voters to mark ballots.
65 Materials to be furnished to deputy returning officers.
(2) Duties of returning officer.
(3) Keeping of materials for voters.
DEPUTY RETURNING OFFICERS
66 Oath of office.
(2) Making of returns.
67 Duty of poll clerk if deputy becomes ill
(2) Where no poll clerk.
(3) Powers of substitute.
68 Poll clerk.
(2) Oath of office.
69 Offence
(2) Arrest or ejection of offender.
(3) Detention of person arrested.
(4) Arraignment.
(5) Laying of information.
(6) Assistance to returning officer.
70 Appointment of constables.
(2) Oath of office.
(3) Offence
71 Copies of Act to be posted.
72 Poll books.
(2) Entries in poll book.
73 Interference with voters prohibited.
74 Information as to candidate for whom elector votes.
75 Officers to maintain secrecy of voting.
76 No person to induce voter to show marked ballot.
77 Declaration of secrecy.
(2) Form of declaration of secrecy.
78 No one compellable to disclose his vote.
POLLING
79 Voting by ballot.
80 Placarding of directions.
81 Deputy returning officer to show box empty and then lock and seal it.
82 Persons entitled to be present.
(2) Appointment of scrutineers.
(3) Appointment of scrutineers-at-large.
(4) Candidate may undertake duties of a scrutineer.
(5) Expressions referring to scrutineers.
(6) Assistance from peace officers.
83 Persons entitled to vote at elections.
(2) Questions of qualification.
84 Voting after taking affidavit of elector.
(2) Administration of affidavit.
85 General proceedings on tender of vote.
(2) Only one vote.
(3) Inquiries prohibited.
86 Mode of voting to be explained to voter.
87 Appointment of interpreters.
(2) Oath of interpreter.
88 Ballot to be initialled by deputy returning officer.
89 Entries in poll book.
90 Marking ballot.
(2) Delivery of ballot.
(3) Deposit of ballot.
91 Receipt of ballot evidence of having voted.
92 Exclusion from balloting compartment.
93 Voters not to take ballot from polling place.
(2) Forfeiture of vote.
(3) Action of deputy returning officer.
94 Proceedings if ballot cannot be used.
VOTING BY INCAPACITATED PERSON
95 Proceedings in case of incapacity to mark ballot.
(2) Use of template.
(3) Application to vote by mail.
(4) Ballot to be delivered to elector.
(5) Record of electors.
(6) Marking of ballot.
(7) Instructions to voter.
(8) Receiving mailed ballots.
(9) Counting of votes.
(10) Statement of poll.
INTERRUPTED POLLS
96 Proceedings where election interrupted.
(2) Return where no election held.
DEPUTY RETURNING OFFICER'S COUNT
97 Duties of D.R.O. respecting spoiled and declined ballots.
(2) Signing of certificate.
(3) Disposal of ballots not initialled.
(4) Ballots to be rejected in the count.
(5) Objections to be noted in poll book.
(6) Numbering of objections.
(7) Marks allowed on a ballot.
(8) Pencil.
(9) Endorsement of rejected and objected to ballots.
(10) Counting the ballots allowed.
(11) Statement of poll.
(12) Disposal of copies.
(13) Delivery of certificates.
98 Duties of deputy returning officer after votes are counted.
(2) Certificate respecting poll book.
(3) Certificate.
(4) Sealing of packets.
(5) Statement of contents of packets.
99 Disposal of ballot box.
(2) Delivery of ballot box by messenger.
(3) Affidavit of messenger.
100 Settlement of disputes as to statements.
(2) Returning officer to determine disputes.
101 Returning officer to cast up votes and declare who is elected.
(2) Casting up votes where polling interrupted.
(3) Statement of tie vote.
(4) Equality of votes at top of poll.
(5) Equality of votes in other cases.
(6) Application for recount.
(7) Inspection of poll books.
(8) Ballot boxes and contents delivered to clerk.
(9) Meaning of "it appears".
RECOUNT OF VOTES
102 Time and place of recount.
(2) Provisions respecting recount.
(3) Certifying of result and declaration of election.
(4) New election ordered.
(5) Date of new election.
(6) Recommendations of judge.
103 Deposit by applicant
(2) Deposit required on recount of tie vote.
104 Who may be present at recount
105 Opening of packets.
106 Secrecy.
107 Recount to be a continuous proceeding.
(2) Disposition of ballots during recess.
108 Procedure on recount
(2) Death or disqualification of voter.
(3) When new vote ordered.
COSTS
109 Costs of application.
110 Taxation of costs.
111 Recovery of costs.
DISPOSITION OF BALLOTS
112 Disposition of ballot papers.
113 Ballot papers inspected by order of the court.
(2) Order may be subject to conditions.
(3) Production of documents and endorsements evidence.
114 Actions prohibited.
(2) Prohibition.
(3) Election offences.
PART II
ELECTIONS BY PROPORTIONAL REPRESENTATION SYSTEM OR ALTERNATIVE VOTING SYSTEM
115 Procedure under proportional representation or alternative voting.
(2) Divisions of Part I applicable.
PROCEEDINGS AT ELECTION
116 Separate ballot papers.
117 Number of choices.
118 Transferable choices.
119 Marking ballot paper.
120 Form of ballot paper.
121 Direction for guidance of electors.
122 Invalid ballot papers.
123 Marks not invalidating ballot.
COUNTING BALLOT PAPERS
124 Suitable place for count.
125 Supervisors and sorters.
126 Persons entitled to be present.
127 Rules.
RULES FOR COUNTING BALLOTS AND PROCEEDINGS
AFTER CLOSE OF THE POLL
PART III
ELECTION OFFENCES
AND CONTROVERTED ELECTIONS
128 Penalty for buying votes
129 Aiders and abettors.
(2) Additional penalty for bribery.
(3) Saving personal expenses of candidates.
(4) Distributing pamphlets permitted.
TREATING AT ELECTIONS
130 Payment of cost of refreshment an offence.
(2) Expenses.
(3) Treating voter on election day.
(4) Supplying refreshments at home.
DONATIONS AND SUBSCRIPTIONS
131 Making of or solicitations of, donations.
(2) Exemption.
(3) Donation at meetings.
CONTRIBUTIONS
132 Contributions for political purposes.
BETTING AT ELECTIONS
133 Betting by candidate.
(2) Provision by candidate of money to bet
(3) Betting to influence election.
CONVEYING ELECTORS
134 Hiring of conveyance to convey electors.
(2) Supplying transportation by public conveyance to elector.
UNDUE INFLUENCE AT ELECTIONS
135 Use of restraint on electors.
(2) False representation as to secret vote.
PERSONATION
136 Offence of personation.
(2) Penalty.
FALSE VOTING
137 Voting without right to vote.
ILLEGAL APPOINTMENTS
138 Fraudulently acting as election officer.
139 Appointment of convicted official.
PUBLISHING FALSE STATEMENTS
140 Publication of false statement.
141 Defamation of candidate.
OFFENCES AND PENALTIES
142 Election material improperly taken.
143 Falsifying poll book or voters' list.
144 Fraudulent acts re ballots.
145 Destroying election papers.
(2) Abetting.
146 Destroying election posters.
147 Copy of section 146 on all posters.
148 False count of ballots.
149 Election offences.
150 Report of conviction for election offence.
(2) Record of persons convicted.
(3) Notification of returning officer.
151 Petition questioning elections.
(2) By way of petition only.
152 By whom petition presented.
153 Who may be respondents.
(2) Respondents to petition.
154 To whom petition presented.
155 Petition based on election offences.
(2) Petition based on other grounds.
156 Security for costs.
157 Amount to be fixed by judge.
(2) Deposit of security.
158 Serving respondent with notice.
(2) Method of service.
159 Respondent may object within five days.
(2) Decision on objection.
160 Objection may be cured.
161 Where no security is given.
162 Petition at issue.
TRIAL
163 Trial of election petition.
164 Place of trial.
(2) Trial outside municipality.
165 Accommodation for court.
166 Assistance of constables
167 Evidence of election offence before proof of agency.
168 Proof of not being elected.
169 Trial where respondent out of office.
170 Depositions not evidence in other proceedings.
(2) Evidence to be taken viva voce.
IRREGULARITIES IN ELECTION OR SUBSEQUENTLY
171 Effect of non-compliance with formalities or of certain irregularities.
172 Petition questioning right of member to sit.
(2) Time for presenting petition.
JUDGMENT
173 Matters to be determined by judge.
(2) Voiding of election by election offences.
(3) Designation of another person found to be elected.
(4) Order respecting new election.
(5) Effect of order.
(6) Certificate of judge.
174 Further report.
(2) Conviction under Division I.
(3) Combination of reports.
175 Where election offence does not void election.
176 Candidate participating in election offences.
(2) Where candidate not subject to penalties.
177 Liability of person guilty of election offence.
178 Saving technical or unintentional acts.
179 Acts done pending a petition not invalidated.
180 Election in the place of person unseated.
181 Procedure at new election.
182 Disqualification as candidate.
(2) Name of disqualified candidate not to be received.
183 Second election not voided by election offences at the first.
184 Employing guilty agent voids election.
185 Disqualification cancelled if procured by perjury.
(2) Effect of order.
DISCLAIMER
186 Disclaimer when permissible, after petition.
(2) Envelope to be endorsed.
187 Duplicate to be delivered to clerk.
188 Disclaimer before petition.
189 Disclaimer as a resignation.
WITHDRAWAL
190 Withdrawal of petition.
191 Substituting petitioner.
192 Paper to direct old security to stand.
(2) New security.
193 Position of new petitioner.
194 Costs on withdrawal.
195 Consent of all petitioners necessary.
ABATEMENT
196 Effect of death of petitioner.
197 Not to affect liability for costs.
198 Substitution of new petitioner after abatement.
(2) Security.
DIVISION III GENERAL PROCEDURE
199 Procedure.
200 Executory election contracts void.
COSTS
201 Costs of election petition.
202 Needless costs.
(2) Payment of costs.
(3) Scale of costs.
APPEALS
203 Appeals from Court judge.
PART IV
APPROVAL OF BY-LAWS BY ELECTORS
DIVISION I PRELIMINARY
204 Definitions.
(2) Application of other provisions.
205 Assent of electors, how obtained.
(2) Vote taken at time of regular elections.
206 Selection of promoters.
207 Promoter's declaration.
(2) Admission of promoters to polling place.
208 Exclusion from polling place.
DIVISION II POLLING
209 Voting to be by ballot.
(2) Advance polls.
210 Directions for guidance of voters.
211 Ballot papers to be printed.
(2) Form of ballot.
212 Voting on taking affidavit of elector.
(2) Administration of affidavit.
(3) Inquiries.
DIVISION III PROCEDURE AT CLOSE OF POLL
213 Statement of result.
(2) Disposal of copies.
214 Objections to ballot papers.
(2) To be numbered.
215 Deputy returning officer's duties after votes are counted.
(2) Packets to be sealed and endorsed.
(3) Certificate and declaration of deputy returning officer.
(4) Return of ballots boxes and contents by deputy returning officer.
COUNTING VOTES
216 Returning officer to cast up votes and declare result.
(2) Delivery of boxes to clerk.
217 Returning officer not to have casting vote.
DIVISION IV RECOUNT
218 Application for recount.
219 Notice of time of recount.
220 Proceedings.
221 Procedure on recount.
222 Powers of judge.
DIVISION V GENERAL
223 Proceedings as at elections of councils.
(2) Offences and penalties.
(3) Vote on by-law challenged.
PART V
OFFENCES AND PENALTIES
224 Penalty for violation of certain provisions.
(2) Penalty for violation of further provisions.
225 General penalty.
226 Penalty on non-resident.
PROSECUTIONS
227 Evidence on prosecution for election offences.
228 Fact of election by returning officer's certificate.
229 Intervention in proceedings.
230 Limitation of action.
231 No penalty after previous prosecution of accomplice.
(2) Proviso.
232 Arrest of non-resident without warrant.
233 Security for costs of election official.
234 Costs.
ELECTION EXPENSES EXPENSES OF CANDIDATES
235 Elector not disqualified by receiving pay for certain services.
EXPENSES OF ELECTION OFFICERS
236 Expenses incurred by officers to be refunded.
237 Regulations.
FORM 1
(Subsections 10(8), 11(4), 20(2), 66(1), 68(2), 70(2))
ENUMERATOR
REVISING OFFICER
RETURNING OFFICER
ASSISTANT ENUMERATOR
DEPUTY RETURNING OFFICER
POLL CLERK
CONSTABLE
ASSISTANT REVISING OFFICER
FORM 2 (Subsection 11(7))
RURAL POLLING SUBDIVISION
URBAN POLLING SUBDIVISION
FORM 4 (Subsection 11(12))
MEMORANDUM FOR ELECTOR
FORM 5 (Subsection 14(1))
CERTIFICATE OF ASSISTANT ENUMERATOR
FORM 6 (Subsection 29(4))
CERTIFICATE OF REVISING OFFICER AS TO ORIGINAL LIST OF ELECTORS
FORM 7 (Subsection 29(4))
CERTIFICATE OF REVISING OFFICER AS TO ADDITIONS TO, AND DELETIONS FROM, ORIGINAL LIST OF ELECTORS
FORM 8 (Clause 31(1)(c))
CERTIFICATE OF LIST OF ELECTORS AS FINALLY REVISED
SCHEDULE
FORM 8A (Clause 31(1)(d))
CERTIFICATE OF ORIGINAL LIST OF ELECTORS
SCHEDULE
FORM 8B (Clause 31(l)(e))
CERTIFICATE OF NAMES ADDED TO, OR DELETED FROM, ORIGINAL LIST OF ELECTORS
SCHEDULE FORM 9 (Subsection 46(3))
FORM OF DECLARATION OF CANDIDATE
FORM 10
(Subsection 57(5))
STATEMENT OF ELECTOR AT ADVANCE POLL
FORM 11 (Clause 65(2)(a)and Sections 121, 210)
DIRECTIONS FOR VOTING
FORM 12
FORM OF DECLARATION OF SECRECY
FORM 13 (Subsections 83(2), 84(1), (2) and Clauses 85(1)(c), (d), (e))
AFFIDAVIT OR AFFIRMATION OF ELECTOR
OR
FORM 14 (Subsection 87(2))
OATH OF INTERPRETER
FORM 15 (Subsection 95(1))
DECLARATION OF BLIND OR INCAPACITATED VOTER
SCHEDULE
FORM 16 (Subsection 97(11))
STATEMENT OF THE POLL AFTER COUNT BY D.R.O.
FORM 17
(Subsection 97(13))
CERTIFICATE TO BE DELIVERED TO CANDIDATES
FOR MAYOR OR REEVE
FORM 18
(Subsection 98(2))
CERTIFICATE OF DEPUTY RETURNING OFFICER
AFTER THE CLOSING OF THE POLL
FORM 19 (Subsection 99(2))
RECEIPT TO BE RETAINED BY DEPUTY RETURNING OFFICER WHEN HE EMPLOYS POLL CLERK OR MESSENGER TO RETURN BALLOT BOX
FORM 20 (Subsection 99(3))
AFFIDAVIT OF POLL CLERK OR MESSENGER WHERE THE DEPUTY RETURNING OFFICER IS UNABLE TO DELIVER THE BALLOT BOX TO THE RETURNING OFFICER
ELECTION OF MAYOR, REEVE, ALDERMEN, COUNCILLORS, OR SCHOOL TRUSTEES
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
NAME OF CANDIDATE
FORM 22
(Subsection 186(1))
DISCLAIMER OF CANDIDATE
FORM 23
(Section 188) DISCLAIMER OF CANDIDATE (Before Petition)
FORM 24
(Subsection 207(1))
PROMOTER'S DECLARATION IN BY-LAW VOTING
SCHEDULE
FORM 25 (Subsection 213(D)
STATEMENT OF VOTE ON BY-LAW
FORM 26
(Subsection 95(4))
VOTING BY MAIL BY INCAPACITATED ELECTOR
SCHEDULE
FORM 27