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REPEALED
Date: December 13, 2006
C.C.S.M. c. E30
The Elections Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
INTERPRETATION
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 »)
"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »).
"correctional facility" means
(a) a prison or other facility in which persons sentenced to imprisonment are detained, including a half-way house, or
(b) a facility in which persons awaiting trial are detained; (« établissement correctionnel »)
"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, assistant returning officer, deputy returning officer, senior deputy returning officer, poll clerk, registration officer, revising officer or revising agent; (« 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 »)
"health care facility" means
(a) a hospital, including a psychiatric facility as defined in The Mental Health Act,
(b) a personal care home as defined in The Health Services Insurance Act, or
(c) a developmental centre as defined in The Vulnerable Persons Living with a Disability Act; (« établissement de soins de santé »)
"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 »)
"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 or the official agent on behalf of 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 »)
Registered common-law relationship
For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.
S.M. 1998, c. 4, s. 3; S.M. 2000, c. 20, s. 2; S.M. 2002, c. 24, s. 23; S.M. 2002, c. 48, s. 28.
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.
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 election and the date the election is declared void is invalid solely by reason of the election being void.
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.
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.
Except where otherwise specifically provided herein, any oath, affirmation, affidavit or statutory 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.
A person required or authorized under this Act to take, affirm, make, or declare an oath, affirmation, affidavit or statutory declaration shall not administer the oath or affirmation to himself or take, affirm, make, or declare the affirmation, affidavit, or statutory declaration before himself.
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 or statutory declaration, he shall do so without fee or charge.
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.
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 AND ELECTION OFFICERS
DIVISION 1
CHIEF ELECTORAL OFFICER
Appointment of Chief Electoral Officer
The Lieutenant Governor in Council shall appoint a Chief Electoral Officer for the province of Manitoba.
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.
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.
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.
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
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
Where the Chief Electoral Officer is suspended, unless the suspension is sooner rescinded, the Minister of Justice 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.
S.M. 1993, c. 48, s. 12 and 60.
Application of Civil Service Act
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
The Chief Electoral Officer is an employee within the meaning of The Civil Service Superannuation Act.
Chief Electoral Officer not to vote, etc.
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
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.
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.
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.
Public education and information
The Chief Electoral Officer may at any time, using any media or other means that the Chief Electoral Officer considers appropriate, provide the public with information about the electoral process, the democratic right to vote and the right to be a candidate at an election.
Reports to the Legislative Assembly
The Chief Electoral Officer shall make the following reports to the Speaker of the Assembly:
(a) an annual report on the work done under the direction of the Chief Electoral Officer under this Act;
(b) after each election, a report about the conduct of the election.
A report under subsection (2) may include any recommendation of the Chief Electoral Officer about amendments to this Act.
Report laid before Legislative Assembly
The Speaker shall lay a report under subsection (2) before the Legislative Assembly within five sitting days after the Speaker receives it if the Assembly is in session or, if not, within 15 days after the beginning of the next session.
Referral to Standing Committee
A report under subsection (2) that contains recommendations about amendments to this Act stands referred to the Standing Committee of the Assembly on Legislative Affairs for consideration of those matters. The Committee shall begin its consideration of the report within 60 days after the report is laid before the Assembly.
Report may be combined with Elections Finances report
A report under subsection (2) may be combined with the annual report required under section 99 of The Elections Finances Act.
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.
Replacing a returning officer or assistant returning officer
The Chief Electoral Officer may rescind the appointment of a returning officer or assistant returning officer and appoint a replacement if the Chief Electoral Officer is satisfied that the officer
(a) is unable, for any reason, to perform his or her duties;
(b) has failed to perform his or her duties satisfactorily;
(c) has not followed an instruction of the Chief Electoral Officer; or
(d) after being appointed, has engaged in partisan political activities, whether or not this was done in the course of performing duties under this Act.
A returning officer or assistant returning officer whose appointment is rescinded shall deliver any material in his or her possession to any person the Chief Electoral Officer specifies.
Notices by Chief Electoral Officer
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
The Chief Electoral Officer shall determine the form of notices and other documents under this Act and the method of publishing them when they are required to be published.
Notices by Chief Electoral Officer in remote areas
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(1)(c).
S.M. 1998, c. 4, s. 6; S.M. 1999, c. 2, s. 2; S.M. 2000, c. 20, s. 3; S.M. 2004, c. 42, s. 102.
No proceeding shall be instituted against the Chief Electoral Officer or any person employed under the Chief Electoral Officer, including an election officer or an enumerator, for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance or exercise in good faith of the duty or power.
Records of Chief Electoral Officer
Notwithstanding any other Act, every record relating to the administration of this Act that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the Chief Electoral Officer.
In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics.
DIVISION 2
ELECTION OFFICERS
Who may not be election officers
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.
Replacing an enumerator or election officer
For any of the reasons mentioned in subsection 10(5), the person with authority to appoint
(a) an enumerator; or
(b) an election officer other than a returning officer or assistant returning officer;
may rescind the appointment and appoint a replacement.
An enumerator or election officer whose appointment is rescinded shall deliver any material in his or her possession to any person the authority rescinding the appointment specifies.
Procedure on appointment of new returning officer
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 assistant returning officer and new deputy returning officers to replace any appointed by the returning officer first appointed.
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
Every oath taken by an election officer under this Act shall be delivered or sent to the Chief Electoral Officer.
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.
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 $200.
Officer to notify Chief Electoral Officer
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.
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.
The Chief Electoral Officer shall appoint a returning officer for each electoral division.
The returning officer must be a resident voter of the electoral division, but in an emergency or other special circumstance, the Chief Electoral Officer may appoint a returning officer who is not a resident voter.
Once appointed, a returning officer must not
(a) be a member of, be an employee of, hold a position with or contribute to a registered political party, a political party or a constituency association;
(b) be an employee of, hold a position with or contribute to a candidate or a person seeking to be a candidate; or
(c) engage in partisan political activities of any other kind.
A returning officer's appointment ends six months after the day a candidate is declared elected.
A person may be re-appointed as a returning officer.
If R.O. ceases to reside in division
A returning officer who ceases to reside in the electoral division for which he or she is appointed shall promptly notify the Chief Electoral Officer, in writing, of that fact. The returning officer's appointment ends three months after residency ceases, unless before that date the returning officer has resigned or the appointment has been rescinded.
S.M. 1998, c. 4, s. 11; S.M. 2000, c. 20, s. 5.
The Chief Electoral Officer shall publish a notice of the appointment of each returning officer in The Manitoba Gazette.
Appointments in anticipation of change of electoral division
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 Chief Electoral Officer 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)
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.
Repealed.
S.M. 1998, c. 4, s. 12; S.M. 2000, c. 20, s. 7.
Appointment of assistant returning officer
After taking the oath of office, the returning officer for an electoral division shall, with the written consent of the Chief Electoral Officer, appoint in the prescribed form a resident voter of the electoral division to be the assistant returning officer for the electoral division.
Additional assistant returning officer
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 assistant returning officers for the electoral division.
Once appointed an assistant returning officer must not
(a) be a member of, be an employee of, hold a position with or contribute to a registered political party, a political party or a constituency association;
(b) be an employee of, hold a position with or contribute to a candidate or a person seeking to be a candidate; or
(c) engage in partisan political activities of any other kind.
Duties of assistant returning officer
The assistant returning officer 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 assistant returning officer and, if there are more than one, the first appointed, shall without taking any further oath, act as returning officer and appoint a new assistant returning officer.
An assistant returning officer's appointment ends six months after the day a candidate is declared elected.
S.M. 1998, c. 4, s. 9; S.M. 2000, c. 20, s. 8.
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 institutional poll established under subsection 62(1);
(c) each remote mobile poll or remote mobile advance poll established under subsection 63(1) or (2); and
(d) each advance poll.
D.R.O. for advance poll in returning office
Instead of appointing a deputy returning officer for an advance poll held in the returning office, the returning officer may act as the deputy returning officer and permit the assistant returning officer to act as the poll clerk.
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.
S.M. 1998, c. 4, s. 13; S.M. 2000, c. 20, s. 9.
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 each polling subdivision and each poll referred to in subsection 21(1).
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.
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
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.
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.
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).
Election officers from outside the electoral division
If the returning officer is not able to find suitable voters in the electoral division to be deputy returning officers, senior deputy returning officers, poll clerks or registration officers, the Chief Electoral Officer may, in writing, authorize the returning officer to appoint voters from outside the electoral division to those positions.
Returning officer and D. R. O. to be peace officers
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.
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.
Appointing registration officers
To accommodate persons who wish to be added to the voters list on polling day, the returning officer may, with the approval of the Chief Electoral Officer, appoint a resident voter of the electoral division as a registration officer for one or more polling subdivisions.
LEAVE FROM EMPLOYMENT FOR CANDIDATES, ELECTION OFFICIALS AND VOLUNTEERS
Unless exempted under section 24.3, for the purpose of permitting citizen participation in the democratic process, every employer shall, on request, grant a leave without pay to an employee who
(a) is a candidate;
(b) has been appointed an election officer or enumerator; or
(c) has been named an election volunteer by a candidate or a registered political party.
A request for a leave must be made in writing by the employee to their employer not less than five days before the requested leave is to take effect.
Notice of employer's right to request exemption
A request for leave from an employee must contain a statement that the employer has the right to apply to the Manitoba Labour Board for an exemption to the requirement to grant leave within three days of receiving the request.
A request for leave may be made in advance of a writ of election being issued provided that an employee meets one of the criteria contained in subsection (1).
An employee may request either a full-time or part-time leave. If the leave is part-time, the request must specify the days and hours of the leave requested.
The employer may require the employee to provide written confirmation that he or she either is a candidate or has been appointed or named as provided for in subsection (1).
For the purposes of this section,
(a) each candidate may name not more than two election volunteers; and
(b) in the case of a general election only, each registered political party may name not more than 20 election volunteers.
A leave under this section may not begin until a writ of election is issued.
When leave ends: election officials and volunteers
A leave for a returning officer or assistant returning officer may not extend beyond the day a candidate is declared elected. A leave for any other election officer, enumerator or election volunteer may not extend beyond polling day and, in the case of an election officer or enumerator, is only to enable the person to perform his or her duties under this Act.
Unless ended earlier by the employee, a leave for a candidate ends as follows:
(a) if the person withdraws as a candidate, the day after the withdrawal;
(b) in any other case, the day after polling day.
If leave seriously detrimental to employer
An employer may request an exemption from the requirement to grant a leave under section 24.2 if he or she believes the leave would be seriously detrimental to the employer's operations.
To request an exemption, the employer must apply in writing to the chairperson of The Manitoba Labour Board within three days after receiving a request for leave from an employee under subsection 24.2(2).
When an application is received, the chairperson of The Manitoba Labour Board and the Chief Electoral Officer shall together appoint a person to decide the application on an urgent basis. If possible, the person appointed shall be a retired judge.
The person appointed to decide the application need not hold an oral hearing but may instead make a decision on the basis of written submissions.
The decision of the person appointed under this section is final and binding on both the employer and the employee and is not subject to appeal.
Contribution to plans may continue
If an employee makes a written request to this effect before or immediately at the beginning of a leave under section 24.2, the employee may continue to contribute during the leave to any pension, medical or other plan beneficial to the employee in which he or she participates, as long as the employee pays both the employee's and the employer's contributions or premiums to the plan.
At the end of a leave under section 24.2, the employer shall reinstate the employee to the position occupied when the leave began or a comparable position, with no less pay and other benefits than the employee was entitled to immediately before the leave began.
For the purpose of vacation entitlements and pension and other benefits, the employment of an employee who has taken a leave under section 24.2 is deemed to be continuous.
An employer shall not, because of a leave under section 24.2,
(a) dismiss, lay off, suspend, demote or transfer an employee; or
(b) give the employee less favourable conditions of employment than he or she is entitled to, or diminish any benefit related to the employment to which the employee is entitled.
An employee who alleges a contravention of this section or section 24.2 may make a complaint to The Manitoba Labour Board under subsection 30(1) of The Labour Relations Act, and the matter shall be dealt with as an unfair labour practice under that Act.
PROCEEDINGS AT BEGINNING OF ELECTION
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 18 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 14th 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.
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.
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 (1)(c) and (d) and upon the issue of the new writ the election shall proceed in pursuance thereof.
Transmission of election materials
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.
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, issue 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
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.
The returning officer shall, forthwith, upon the issue of the proclamation, publish it 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.
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.
Where writs of election are issued in a general election, the Chief Electoral Officer shall publish 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.
Where a writ of election is issued for a by-election in an electoral division, the Chief Electoral Officer shall publish 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
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.
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 350 voters; and
(d) wherever possible, avoid including in a polling subdivision an area that contains more than 400 voters.
Descriptions of polling subdivisions
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.
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.
DIVISION 1
PRELIMINARY VOTERS LISTS
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.
Each enumerator shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and show it on request.
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 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.
Addresses and telephone numbers to be included
In addition to the voter's name, the list under subsection (2) shall include the following information:
(a) in an urban polling subdivision, each voter's civic and mailing address;
(b) in a rural polling subdivision, each voter's geographic address, including the mailing address; and
(c) each voter's telephone number, where the number is provided to the enumerator.
If telephone number not provided
No entry of a voter's name on a voters list is invalid for the sole reason that a voter's telephone number is not included.
30(3) to (8) Repealed, S.M. 1998, c. 4, s. 20.
30(9) and (10) Renumbered as subsections 30.3(1) and (2).
Preparation of lists in urban polling subdivisions
This section applies to the preparation of voters lists in urban polling subdivisions.
Lists arranged in geographical order
The voters list for an urban polling subdivision shall be arranged in geographical order by streets, roads and avenues, unless the returning officer directs the enumerator to arrange the names in alphabetical order according to surnames.
Method of obtaining information
The enumerator in an urban polling subdivision shall obtain the information to complete the voters list from a house-to-house canvass, and may supplement or verify that information from any other available source.
The enumerator in an urban polling subdivision shall visit each residence once, and if the information required is not obtained on that visit, the enumerator shall visit the residence a second time. One of the two visits must take place during daylight hours and the other in the evening.
For each voter whose name is placed on the voters list under this section, the enumerator shall
(a) complete an enumeration record in the prescribed form in triplicate indicating that the voter's name will be included on the voters list; and
(b) leave a copy of the enumeration record at the voter's residence.
When an enumerator conducting a house-to-house canvass under this section is unable to obtain the information necessary to complete the voters list, he or she shall leave a call-in card in the prescribed form at the residence indicating
(a) that the enumerator has called and been unable to obtain information for the voters list; and
(b) that any person residing there who is qualified to vote at the election may contact the enumerator whose name is shown on the call-in card, at the telephone number shown on the card.
Preparation of lists in rural polling subdivisions
This section applies to the preparation of voters lists in rural polling subdivisions.
Lists arranged in geographical order
The voters list for a rural polling subdivision shall be arranged in geographical order by streets, roads and avenues, unless the returning officer directs the enumerator to arrange the list in alphabetical order according to surnames.
Method of obtaining information
The enumerator in a rural polling subdivision shall, if practicable, obtain the information to complete the voters list from a house-to-house canvass, and if that is not practicable, may obtain the information from municipal or other voters lists or from any available source.
The enumerator in a rural polling subdivision who conducts a house-to-house canvass shall visit each residence once. The enumerator may also attempt to obtain information to complete the voters list by telephone if the enumerator has visited the residence once and been unable to complete the list.
For each voter whose name is placed on the voters list in a house-to-house canvass under this section, the enumerator shall
(a) complete an enumeration record in the prescribed form in triplicate indicating that the voter's name will be included in the voters list; and
(b) leave a copy of the enumeration record at the voter's residence.
Enumeration record delivered in certain cases
When the enumerator obtains the information to complete the voters list under this section by a method other than a house-to-house canvass, the enumerator shall deliver a copy of the enumeration record to the voter's residence.
When an enumerator conducting a house-to-house canvass under this section is unable to obtain the information necessary to complete the voters list, the enumerator shall leave a call-in card in the prescribed form at the residence indicating
(a) that the enumerator has called and been unable to obtain information for the voters list; and
(b) that any person residing there who is qualified to vote at the election may contact the enumerator whose name is shown on the call-in card, at the telephone number shown on the card.
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.
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.
Inmates disqualified from voting
Every inmate of a correctional facility serving a sentence of five years or more is disqualified from voting in an election, and the name of such a person shall not be placed on a voters list.
S.M. 1990-91, c. 12, s. 6; S.M. 1998, c. 4, s. 21.
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 either resided in Manitoba for at least six months immediately before polling day or qualifies as a resident under subsection (1.1).
A person who leaves Manitoba and intends to return and reside in the province does not cease to be a resident if he or she is absent from Manitoba as
(a) a member of the Canadian Forces; or
(b) a person who lives with such a member.
Place of residence for members of Canadian Forces
A person referred to in subsection (1.1) is deemed to have a place of residence in the electoral division in which he or she resided immediately before leaving Manitoba.
In this section, "member of the Canadian Forces" means
(a) a member of the regular or special force of the Canadian Forces; and
(b) a member of the reserve force of the Canadian Forces on full-time training or service or on active service.
Adding name where qualified after enumeration
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.
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.
Delivery of cards to up-date old list
If the Lieutenant Governor in Council orders that the previous voters lists be used for an election or by-election under subsection (1), the Chief Electoral Officer may deliver notification cards to voters to confirm that their names are on the voters list.
Forward list to returning officer
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
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
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.
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.
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
Except as provided in subsections 32(1.1) and (1.2), 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 or common-law partner 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 or common-law partner 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.
Residency criteria for persons in correctional facilities
In determining a person's residence while an inmate of a correctional facility, the following rules apply:
Rule 1
An inmate is deemed to have a place of residence in the electoral division in which he or she resided immediately before being confined to the correctional facility.
Rule 2
An inmate who did not reside in an electoral division immediately before being confined to the correctional facility because he or she had no fixed address is deemed to have a place of residence in the electoral division in which the correctional facility is located.
Rule 3
An inmate whose place of residence before being confined to the correctional facility was outside Manitoba is deemed not to have a place of residence in Manitoba.
Change of residence within province
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
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.
S.M. 1998, c. 4, s. 23; S.M. 2002, c. 7, s. 3; S.M. 2002, c. 24, s. 23.
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.
After completing the voters list, the enumerator shall promptly deliver it to the returning officer.
Repealed, S.M. 1995, c. 6, s. 2.
After delivering the voters list as required under subsection (2), 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.
S.M. 1993, c. 48, s. 12; S.M. 1995, c. 6, s. 2.
Access to lists in office of returning officer
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 or her office, where they must be made available for public inspection at any reasonable time on any day, other than a holiday, until polling day.
Access to lists in municipal office
The returning officer of an electoral division that includes one or more rural polling subdivisions may direct the enumerator to deliver a copy of the voters list to any municipal or other public office in the electoral division that the returning officer considers appropriate, where it must be made available for public inspection at any reasonable time on any day, other than a holiday, until polling day.
The returning officer shall deliver one copy of each of the voters lists completed by the enumerators in the electoral division to each nominated candidate.
Preparation of additional copies
For each electoral division, the Chief Electoral Officer shall determine the number of copies of the voters list to be produced and the manner and form in which they are to be produced.
The returning officer shall
(a) retain for his or her purposes and for the purposes of revision the number of copies of the voters list that the returning officer considers advisable;
(b) deliver as many copies of the voters list to the Chief Electoral Officer as the Chief Electoral Officer requires;
(c) deliver to each nominated candidate in the electoral division not more than five copies of the voters list; and
(d) divide the surplus copies of the voters list, if any, equally among the nominated candidates in the electoral division and deliver them to the candidates on request.
The Chief Electoral Officer shall, on request, deliver to each registered political party one copy of each voters list.
Copies of the voters lists referred to in this section may be in electronic form, if available.
S.M. 1995, c. 6, s. 3; S.M. 1998, c. 4, s. 24.
DIVISION 2
REVISION OF VOTERS LISTS
When a poll is necessary for an election, a revising officer for the electoral division shall consider applications for revision of the voters lists for four consecutive days, beginning on the Wednesday after the day the voters list is completed under subsection 36(1).
The revision shall take place in the office of the returning officer from 8:00 a.m. to 8:00 p.m.
In addition, the returning officer may arrange other locations for revision to be held at such hours, and on such days within the period for revision set out in subsection (1), as the returning officer considers appropriate and the Chief Electoral Officer permits.
The Chief Electoral Officer shall arrange for notice to be given to voters advising them of the following:
(a) that if they did not receive an enumeration record indicating that their name would be placed on the voters list, they should ascertain whether their names are on the voters lists and, if not, apply to have their names added to the voters lists at the revision;
(b) that information about the revision of the voters list may be obtained from the returning officer of the electoral division;
(c) any other matter concerning the revision that the Chief Electoral Officer considers advisable.
S.M. 1998, c. 4, s. 26; S.M. 2000, c. 20, s. 13.
Appointment of revising officers
The returning officer may act as a revising officer for the electoral division, and may appoint one or more residents of the electoral division as revising officers.
Assistant returning officer may act
The returning officer may delegate his or her duties as revising officer to the assistant returning officer.
Appointment of revising agents
The returning officer may appoint not more than six residents of the electoral division as revising agents for the purpose of enumerating qualified voters who were not enumerated by the enumerator and to make corrections to the voters list. More than six revising agents may be appointed with the approval of the Chief Electoral Officer.
Appointment in prescribed form
The appointment of a revising officer or a revising agent must be in the prescribed form.
Revising officer or agent may not be a candidate
A person who is a candidate in the election is not eligible to be appointed as a revising officer or revising agent.
Each revising agent shall, while performing his or her functions, wear or carry the identification that is supplied by the Chief Electoral Officer and show it on request.
Application for addition, correction or deletion
During the period of revision specified in section 38, any person resident in the electoral division may apply in writing to a revising officer
(a) to have his or her name, address and telephone number added to the voters list if it was not included by the enumerator;
(b) to have a correction made to his or her name, address, or telephone number on the voters list; or
(c) to have his or her name deleted from the voters list.
A person who applies under subsection (1) must sign an application in the prescribed form and provide the documentation required by subsection 85(2), which may be given to the revising officer personally or delivered by mail or another method acceptable to the Chief Electoral Officer.
Another person may apply on voter's behalf
If an applicant is for any reason unable to attend in person at the revision, a relative may apply in writing to the revising officer to have the applicant's name added or a correction made, if the relative
(a) signs an application in the prescribed form that substantiates the existence of a relationship to the applicant; and
(b) provides satisfactory proof of the applicant's identity by providing the documentation required by subsection 85(2).
Legible photocopies acceptable
Legible photocopies of the documentation required under subsection (2) and clause (3)(b) are acceptable when the application is made by mail.
Before making an addition, correction or deletion to the voters list, the revising officer must be satisfied that the applicant has provided sufficient grounds for the action requested and understands the effect of any statements made in the application.
Objection to another person's name on the list
Any person whose name is on the voters list for the electoral division may make an objection to the revising officer that the name of another person on the voters list should be deleted from the list on the basis that the other person
(a) is deceased; or
(b) is not a qualified voter.
An objection must be made in writing to the revising officer and must set out
(a) the name and address of the person against whom the objection is made, as shown on the voters list;
(b) the basis of the objection, including a statement of facts that the objector believes supports the objection; and
(c) the name and address of the person making the objection.
An objection may be given to the revising officer personally or delivered by mail or another method acceptable to the Chief Electoral Officer.
Notice to person whose name is objected to
Unless the name requested to be deleted is of a person known to the revising officer to be deceased, on receiving an objection that provides evidence of the objection satisfactory to the revising officer, the revising officer shall promptly send a copy of the objection to the person whose name has been objected to, to the address of that person as it appears on the voters list and to any other address indicated in the application.
The copy of the objection may be sent by any delivery service whereby the sender is provided with an acknowledgement of receipt.
Resolving an objection on basis of death
The revising officer shall resolve an objection made on the basis that a person has died by having a search made of the records under The Vital Statistics Act. If a record of death is found, the revising officer shall remove the name from the voters list. If a record is not found, the objection must be resolved in accordance with clauses (7)(c) and (d).
Resolving an objection on basis that person is not qualified to vote
The revising officer shall resolve an objection made on the basis that a person is not qualified to vote as follows:
(a) if, after receiving notice of the objection, the person provides proof satisfactory to the revising officer that he or she is qualified to vote and makes a declaration in the prescribed form as to qualification, the person's name is to stay on the list of voters;
(b) if, after receiving notice of the objection, the person does not provide proof satisfactory to the revising officer that he or she is qualified to vote and make a declaration in the prescribed form as to qualification, the revising officer must delete the person's name from the voters list;
(c) if the revising officer is unable to contact the person who is the subject of the objection, the revising officer must delete the name from the voters list if he or she is satisfied by the evidence provided by the objection and by any other information available to the revising officer that the person is not qualified to vote;
(d) if, in the circumstance mentioned in clause (c), the revising officer is not satisfied by the objection and other information, the name is to stay on the voters list.
Notification of omitted voters
During the period of revision, any person, including an election officer, who has knowledge of the fact that the name of a qualified voter has been omitted from the voters list by the enumerators may so notify the revising officer.
Addition of names of omitted voters
On being notified under subsection (1), the revising officer may require a revising agent to enumerate any qualified voter who was not enumerated by the enumerator and shall add to the voters list the names, geographic or civic addresses, mailing addresses, and telephone numbers of those persons qualified to vote who have been so enumerated by a revising agent.
If at any time during the period of revision the revising officer finds the name, address or telephone number of a voter to be inaccurately stated on the voters list, the revising officer shall make the necessary correction to the voters list.
Record of additions, corrections and deletions
The revising officer shall keep an accurate record of every addition, correction or deletion to a voters list, and of every decision made concerning applications for adding a name to or deleting a name from the voters list, in accordance with the directions given by the Chief Electoral Officer.
Repealed.
S.M. 1998, c. 4, s. 26; S.M. 2000, c. 20, s. 14.
At 8:00 p.m. on the last day of the revision, the revising officer shall close the doors of the office of the returning officer and any other place where the revision is conducted on that day and not admit any other person for the purposes of the revision, but shall determine all applications of persons in the office at that time.
Delivery of revised voters list to returning officer
At 8:00 p.m. on the last day of the revision, or as soon afterwards as the applications of all persons in the office at that time have been determined, the revising officer shall
(a) make no further changes to the list;
(b) sign a certificate in the prescribed form at the end of the revised voters list, as close as possible to the last name on the list; and
(c) deliver the revised voters list immediately to the returning officer.
On receiving the various revised voters lists from the revising officers under subsection (2), the returning officer shall prepare as many copies of the revised voters lists as the Chief Electoral Officer requires.
Distribution of revised voters list
The returning officer shall
(a) deliver or send by mail to each nominated candidate in the electoral division not more than five copies of the revised voters lists;
(b) deliver to the Chief Electoral Officer as many copies of the revised voters lists as the Chief Electoral Officer requires;
(c) retain for his or her purposes and for the purposes of appeal the number of copies of the revised voters lists that the returning officer considers advisable; and
(d) divide the surplus copies of the revised voters lists, if any, equally among the nominated candidates in the electoral division and deliver them to the candidates on request.
Copies of the revised voters lists referred to in this section may be in electronic form, if available.
S.M. 1998, c. 4, s. 26; S.M. 2000, c. 20, s. 15.
Representatives permitted to be present at revision
A revising officer for an electoral division shall permit two representatives of each nominated candidate to be present at all times during the revision, but a representative shall not, except as permitted by the revising officer, take part or intervene in the proceedings other than to make an objection.
A revising officer 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.
Adding unenumerated names after revision
If, at any time after revision but before the opening of polls on polling day, the returning officer 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 because
(a) the area of the electoral division in which the voters reside was not assigned to an enumerator; or
(b) an enumerator failed to enumerate the voters;
the returning officer, after giving notice to each nominated candidate or agent, may apply to the Chief Electoral Officer for authority to add the names of the voters to the appropriate voters list.
When 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 immediately deliver to each nominated candidate or candidate's agent in the electoral division a list of the added names.
Appeal by person whose name deleted
Any person whose name has been deleted from 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.
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
Any person who has made an application to the revising officer or returning officer of an electoral division to add a name to or delete a name from 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.
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
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.
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 delete a name from a voters list, the name and address of the person whose name was deleted and of the person who applied to have the name deleted; and
(c) where the appeal is from a refusal to add a name to or delete a name from a voters list, the name and address of the person whose name the revising officer or the returning officer refused to add or delete.
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 delete a name from a voters list, the person whose name was deleted and the person who applied to have the name deleted; and
(d) where the appeal is from a refusal to add a name to or delete a name from a voters list, the name of the person whose name the revising officer or the returning officer refused to add or delete.
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 deleted from the voters list or whose name the revising officer or returning officer refused to add to or delete from 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 deleted from the voters list may appear and give evidence.
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 delete names from voters lists for the electoral division in accordance with the decision of the judge.
Interruption of other proceedings
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 lies from the decision of a judge made under this section.
Authority to proceed where no notice given
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.
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.
Notice of names added or deleted on appeal
Immediately after an appeal is concluded, the returning officer shall deliver to the Chief Electoral Officer and to each nominated candidate in the electoral division a notice of any name added to or deleted from the voters list in an appeal under section 49.
Repealed.
The returning officer shall prepare the official voters list for each polling subdivision by attaching to a copy of the voters list completed by the enumerator, a copy of any additions, deletions or corrections to the voters list.
The returning officer shall certify a copy of the official voters list and shall
(a) supply to each deputy returning officer a copy of it for the relevant polling subdivision or subdivisions, for use on polling day;
(b) supply to each deputy returning officer for an advance poll a copy of it for each polling subdivision in the electoral division, for use at the advance poll; and
(c) retain a copy of it for each polling subdivision in the electoral division for the purposes of homebound voting under sections 101 and 102 and absentee voting under sections 103 to 107.
PERSONAL SECURITY PROTECTION
Personal security protection on lists and records
Despite any other provision of this Act, the name, address, telephone number and other personal information of an eligible voter shall be omitted or obscured from the voters list, and from any other record prepared under this Act that is available to the public, if during an election period the voter applies in writing to a returning officer to have that information omitted or obscured to protect the voter's personal security.
The application under subsection (1) must
(a) set out the voter's name and address and telephone number, if available;
(b) contain a declaration that the voter is making the application for reasons of personal security; and
(c) be accompanied by the documentation referred to in subsection 85(2), of which legible photocopies are acceptable.
On receiving an application that meets the requirements of subsection (2), the returning officer shall give the applicant a personal security certificate that sets out a numeric identifier to be used as a replacement, in all cases, for the person's name, address, telephone number and signature under this Act.
When an applicant is given a personal security certificate, the returning officer shall ascertain whether the person's name appears on the voters list for the electoral division. If the name appears, the returning officer shall obscure the name, address and telephone number as required by subsection (1) and add the person's numeric identifier to the voters list. If the name does not appear, the returning officer shall determine whether the applicant resides at an address in the electoral division and, if so, add his or her numeric identifier to the voters list.
Placement of identifiers on voters list
The identifiers for all persons with personal security certificates who are voting in an electoral division are to be placed only at the end of the voters list for the entire electoral division, rather than being arranged in the order described in subsections 30.1(2) and 30.2(2).
The following rules for voting apply to a person who is given a personal security certificate:
(a) the person may vote at his or her ordinary polling place on polling day or at an advance poll or in the manner described in sections 101 and 102;
(b) when voting at his or her ordinary polling place on polling day or at an advance poll, the person must give the personal security certificate to the deputy returning officer;
(c) when voting in the manner described in sections 101 and 102, the person must give the personal security certificate to the returning officer when applying to vote under section 101.
Powers of the Chief Electoral Officer
The Chief Electoral Officer may, for the purposes of protecting the personal security of applicants under this section, take any steps the Chief Electoral Officer considers necessary, including adapting the provisions of this Act.
Public to be advised of right to protection
The Chief Electoral Officer shall take such steps as the Chief Electoral Officer considers appropriate to inform the public of the protection for personal security that is available under this section.
S.M. 1995, c. 6, s. 5; S.M. 1998, c. 4, s. 32.
NOMINATION OF CANDIDATES
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.
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.
A nomination paper may be filed in person, by mail, or by a telephone transmission of a facsimile.
Person may be a candidate in only one electoral division
A person may not be nominated as a candidate in an election in more than one electoral division.
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.
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.
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
A political party which during a general election applies for registration under sub-clause 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.
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
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).
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.
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.
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.
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.
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.
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.
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 the electoral division.
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.
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).
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 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 endorsements 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; and
(d) repealed, S.M. 1998, c. 4, s. 36;
(e) publish the names, addresses and political party endorsements of the candidates nominated in the election and the names of their official agents.
Corrections on election notice
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.
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 required in subsection 58(1).
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.
VOTING
DIVISION 1
POLLING PLACES
ORDINARY POLLS
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.
Each polling place for a polling subdivision shall be located in the polling subdivision or in a place easily reached by voters of that polling subdivision.
The returning officer shall locate polling places in premises that provide ease of access to voters who are physically disabled, unless the returning officer has satisfied the Chief Electoral Officer that it is impractical to do so in the circumstances.
INSTITUTIONAL POLLS
The returning officer shall establish one or more institutional polls for each electoral division in which there is a health care facility or a correctional facility.
Polls in health care facilities and correctional facilities
An institutional poll is for the taking of votes of qualified voters who are patients, residents or inmates of a health care facility or a correctional facility.
The administrative head of each health care facility or correctional facility shall provide a suitable space within the facility for use as a polling place.
Poll may be stationary or move from place to place
An institutional poll may be stationary or move from place to place, or both, within the facility.
Poll may move from one facility to another
An institutional poll may serve more than one facility in the electoral division, as determined by the returning officer with the approval of the Chief Electoral Officer.
An institutional poll shall be open on polling day during such hours between 8:00 a.m. and 8:00 p.m. as the returning officer determines, with the approval of the Chief Electoral Officer.
As far as possible, an institutional poll shall have whatever facilities the returning officer considers practicable for ensuring that each voter may mark the ballot without interference or interruption and without observation by others.
Type of ballot for an institutional poll
For the greater convenience of voters, the ballots for an institutional poll for a health care facility shall be regular ballots wherever the Chief Electoral Officer considers regular ballots to be practicable, and in any other case shall be special blank ballots. The ballots for an institutional poll for a correctional facility shall be special blank ballots.
Voting by special blank ballot
When a voter is using a special blank ballot to vote at an institutional poll, the deputy returning officer shall ascertain the name and address of the voter and the electoral division in which he or she is entitled to vote and shall then show the voter a list of the candidates in that electoral division indicating the registered political party, if any, by which each is endorsed.
Conduct of institutional polls
Except as otherwise provided in this section, an institutional poll shall be conducted in the same manner as is provided in this Act for the conduct of a poll on the polling day for an election.
REMOTE MOBILE POLLS FOR SPARSE POPULATIONS
Remote mobile ordinary poll for areas of sparse population
When
(a) the sparsity of voters in an area of an electoral division makes it impracticable to establish a separate polling place to serve all the voters in the area; or
(b) the greater convenience of the voters in an area of the electoral division would be better served;
the returning officer may, with the approval of the Chief Electoral Officer, establish a remote mobile poll that travels on polling day from place to place within the area.
Remote mobile advance poll for areas of sparse population
In the circumstances mentioned in clauses (1)(a) and (b), the returning officer may, with the approval of the Chief Electoral Officer, establish a remote mobile advance poll that travels from place to place within the area on an advance polling day referred to in subsection 65(4).
A remote mobile poll and a remote mobile advance poll shall be open on polling day and on any day of an advance poll during such hours between 8:00 a.m. and 8:00 p.m. as the returning officer determines, and the Chief Electoral Officer approves.
As far as possible, a remote mobile poll and a remote mobile advance poll shall have whatever facilities the returning officer considers practicable for ensuring that each voter may mark the ballot without interference or interruption and without observation by others.
Repealed.
ADVANCE POLLS
For the purpose of polling the voters who expect for any reason to be unable to vote at their polling subdivision on polling day, 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.
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 physically disabled.
Publication of dates and places of advance polls
The returning officer shall publish the place, dates and times fixed for holding an advance poll on the proclamation of the election.
An advance poll shall be open in the office of the returning officer of the electoral division on six days, from the second Monday before polling day to the Saturday before polling day.
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 to six days, as determined by the returning officer with the approval of the Chief Electoral Officer.
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.
65(7) to (10) Repealed, S.M. 1998, c. 4, s. 42.
Repealed, S.M. 2000, c. 20, s. 16.
S.M. 1998, c. 4, s. 9 and 42; S.M. 2000, c. 20, s. 16; S.M. 2001, c. 43, s. 7.
GENERAL POLLING PLACE REQUIREMENTS
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.
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.
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.
When a polling subdivision must be identified in a form used in an advance poll, an institutional poll, a remote mobile poll or a remote mobile advance poll, the words "Advance Poll" or "Institutional Poll" or "Remote Mobile Poll" or "Remote Mobile Advance Poll" shall be used, and, if there are two or more such polls in an electoral division, each shall be identified by the addition of a number, letter or name.
Every polling place for a poll other than an institutional poll or remote mobile 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.
Repealed, S.M. 1998, c. 4, s. 45.
In each compartment provided in a polling place for a regular or advance poll and, where practicable in an institutional poll or remote mobile 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.
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.
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.
The deputy returning officer for a poll other than an institutional poll or remote mobile 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 institutional poll or remote mobile poll
The deputy returning officer for an institutional poll or remote mobile poll established under section 62 or 63 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
When there are more than 400 names on the voters list for a polling subdivision, the returning officer may provide additional polling places and shall appoint a deputy returning officer and poll clerk for each polling place so provided.
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.
S.M. 1993, c. 48, s. 12; S.M. 1998, c. 4, s. 47.
Hours of polling on polling day
Every poll in every electoral division shall open at 8:00 a.m. and close at 8:00 p.m. on polling day, except where this Act provides otherwise.
Every advance poll shall open at 8:00 a.m. and close at 8:00 p.m.
S.M. 1998, c. 4, s. 48; S.M. 2000, c. 20, s. 17.
DIVISION 2
BALLOTS AND BALLOT BOXES
The ballot of each voter shall be a printed paper ballot.
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
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
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.
Ballot papers for persons voting by special blank ballots shall be provided to the returning officer by the Chief Electoral Officer.
Each ballot paper shall be provided with a stub with a line of perforations between the ballot paper and the stub.
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 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 returning officer by the candidate on request of the returning officer.
The names of the candidates must be arranged on the ballot alphabetically by their family or last names and, if two or more candidates have the same family or last name, must be arranged alphabetically in order of their first given or usual names to be used on the ballot.
Name of registered political party
The name of a registered political party on a ballot shall be the registered name or registered abbreviation of the name as designated for use on the ballot under The Elections Finances Act as at the close of nominations.
The ballot paper shall be numbered on the front of the stub.
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.
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 an institutional poll established under section 62 with enough special blank ballots for the estimated number of voters likely to vote by special blank ballot at the poll, plus 10%;
and he shall keep a record of the number and the serial numbers of the ballot papers furnished to each deputy returning officer.
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 re-printed omitting the name of the candidate who has withdrawn; but where it is not possible to re-print 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.
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.
Each ballot box shall be made of a material that, in the opinion of the Chief Electoral Officer, is sufficiently durable and shall have a suitable number of non-reusable sealing mechanisms that are serially numbered. Each box shall also be constructed so that ballots can be deposited in it but cannot be withdrawn without removing the seal or so damaging the box that it is obvious that it has been tampered with.
Delivery of ballot boxes to D. R. O.
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.
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.
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.
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.
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.
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.
DIVISION 3
RIGHT TO PRESENCE IN POLL
D. R. O. to attend before opening
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.
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.
A candidate in an electoral division, or the official agent on behalf of the candidate, may appoint in writing in the prescribed form persons who are 18 years of age or older as scrutineers to represent the candidate at polls in the electoral division.
Subject to section 78, 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.
Scrutineers may examine voters lists
At the convenience of the deputy returning officer, a scrutineer may examine the voters list for the polling subdivision as long as he or she does not disrupt the proceedings at the poll while doing so.
Scrutineers may be provided with record of voters
The poll clerk may provide a scrutineer with a record of the voters who have voted, at intervals determined by the Chief Electoral Officer.
S.M. 1998, c. 4, s. 53; S.M. 1999, c. 18, s. 12.
Persons who may remain in poll
While a poll is open, and during the counting of votes after the poll is closed, the following persons may be present in the polling place:
(a) the deputy returning officer and the poll clerk;
(b) the senior deputy returning officer, if one has been appointed;
(b.1) the registration officer, if one has been appointed;
(c) an interpreter, if required;
(d) the constable, if one has been appointed;
(e) the candidates;
(f) not more than two scrutineers of each candidate;
(g) any other individual permitted to be present by the returning officer or an election official authorized by the returning officer.
S.M. 1998, c. 4, s. 54; S.M. 2000, c. 20, s. 18.
DIVISION 4
CONDUCT OF POLLS
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 place his seal upon it in such a manner as to prevent it being opened without breaking the seal and he shall keep it sealed until the close of the poll.
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 floor in full view of all present.
Moving ballot box for voter who has a physical disability
For the purpose of enabling a voter who has a physical disability 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.
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.
Where the deputy returning officer removes a ballot box from a polling place as provided in subsection (3) for the purpose of allowing a voter who has a physical disability to mark and cast his ballot, the deputy returning officer shall take whatever precautions are practicable to ensure that the voter who has a physical disability may mark and cast his ballot without interference or interruption and, as far as possible, without being observed.
S.M. 1993, c. 48, s. 12; S.M. 1998, c. 4, s. 56.
Treatment of ballot box in institutional poll or remote mobile poll
The deputy returning officer for an institutional poll or remote mobile poll established under section 62 or 63 shall, as far as practicable, comply with section 79.
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.
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
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.
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.
DIVISION 5
VOTERS
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 otherwise in the election;
(b) he has not voted in an election in another electoral division that has the same polling day; and
(c) where so required, he takes the oath to be taken by a voter in the prescribed form;
(d) repealed, S.M. 1998, c. 4, s. 59.
A voter
(a) whose name is on a voters list for an electoral division;
(b) who expects for any reason to be unable to vote at his or her polling subdivision on polling day; 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.
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
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
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
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
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.
Production of identification documents
A person who applies to have his or her name added to the voters list under subsection (1) must produce to the deputy returning officer, or a registration officer if one has been appointed,
(a) an official document issued by a federal, provincial or municipal government that contains the applicant's name, address and photograph; or
(b) at least two documents that provide evidence satisfactory to the deputy returning officer or registration officer of the applicant's identity.
An applicant must take and sign an oath in the prescribed form as to the applicant's eligibility to have his or her name placed on the voters list for the polling subdivision and as to his or her current address.
If the deputy returning officer or registration officer is satisfied on the basis of the oath and the documents produced that the applicant is qualified to vote, the applicant's name shall be added to the list in the following way:
1. If the documents are produced to the deputy returning officer, he or she shall add the applicant's name, address and telephone number to the voters list.
2. If the documents are produced to a registration officer, he or she shall give the applicant a registration certificate in the prescribed form authorizing the applicant's name to be added to the voters list. The applicant shall then give the certificate to the deputy returning officer of the polling subdivision where the applicant is entitled to vote, and the deputy returning officer shall add the applicant's name, address and telephone number to the voters list.
A registration officer shall permit two scrutineers of each nominated candidate to be present whenever voters are applying to the registration officer to add their names to the voters list. Each scrutineer shall show his or her appointment to the registration officer and take an oath of secrecy in the prescribed form.
Application of section to advance polls
This section applies with such modifications as the circumstances require to advance polls.
S.M. 1998, c. 4, s. 61; S.M. 2000, c. 20, s. 19.
Any candidate, scrutineer of a candidate or voter or the deputy returning officer, if he believes on reasonable grounds 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.
Challenge of voter by candidate, scrutineer, etc.
A candidate, a scrutineer or another voter who demands that a voter take an oath under subsection (1) must state the reason for doing so, and the deputy returning officer shall record the reason in the poll book, along with the name of the person making the demand.
Challenge of voter by deputy returning officer
A deputy returning officer who demands that a voter take an oath under subsection (1) must state the reason for doing so, and the poll clerk shall record the reason in the poll book, along with the deputy returning officer's name.
Effect of no reason being given
If no reason described in subsection (1) is given for a challenge under subsection (1.1) or (1.2), the challenge is ineffective and the voter is not required to take an oath.
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.
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 97 as though it were a spoiled ballot.
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 citizenship
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
Where a person desiring to vote does not understand 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.
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.
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
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.
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.
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 $2,000. and in the case of a corporation not exceeding $5,000.
Repealed.
DIVISION 6
VOTING
ORDINARY VOTING PROCEDURES
The voting at an election shall be by regular ballot prescribed in accordance with subsection 73(2), except in circumstances where this Act permits or requires voting by special blank ballot.
D. R. O. to give ballot to voter
For each person entitled to vote, the deputy returning officer shall
(a) put his or her initials on the back of a ballot for the voter as indicated in the prescribed form;
(b) fold the ballot so that the initials can be seen without opening the ballot or seeing what has been written on it; and
(c) give the ballot to the voter.
At the voter's request, the deputy returning officer shall explain to the voter how to mark and fold the ballot, but shall do so without inquiring or ascertaining for whom the voter intends to vote.
On receiving an initialled regular ballot from the deputy returning officer, the voter shall proceed immediately into the voting compartment and mark the ballot with the black lead pencil provided, by placing an "X" within the space on the ballot containing the name and particulars of the candidate for whom the voter intends to vote. The voter shall then fold the ballot as directed so that the initials of the deputy returning officer on the back are visible and hand it to the deputy returning officer who shall, without unfolding it, ascertain by examining his or her initials that it is the same ballot as that given to the voter and, if so, the deputy returning officer shall either return it to the voter to deposit it in the ballot box or, in full view of the voter and all others present, deposit it in the ballot box.
How to mark a special blank ballot
A voter who is voting by using a special blank ballot shall
(a) give the deputy returning officer his or her name, address and telephone number and the name of the electoral division in which he or she is entitled to vote;
(b) swear and sign an oath in the prescribed form presented by the deputy returning officer that the voter is qualified to have his or her name placed on the voters list for that electoral division and has not previously voted in the election; and
(c) mark the ballot by writing the name of the candidate for whom he or she intends to vote in the oblong space on the front of the ballot so that it cannot be confused with the name of another candidate running in the electoral division.
The voter shall then fold the ballot so that the initials on the back can be seen without unfolding it and hand the ballot to the deputy returning officer who shall, without unfolding it, ascertain by examining his or her initials on the back that it is the same ballot as that given to the voter and, if so, the deputy returning officer shall, in full view of the voter and all others present, insert the ballot into an envelope bearing the words "Insert ballot and seal up" and seal that envelope, and then insert it into the envelope on which the voter has signed the oath and seal that envelope, and either return it to the voter to be placed in the ballot box or place it in the ballot box.
A voter shall vote without undue delay and, as soon as his or her ballot is placed in the ballot box, shall leave the polling place.
Subject to section 94, while a voter is in a compartment to mark the ballot, no other person is to be allowed to enter the compartment or to be in a position from which he or she can see how the voter marks the ballot.
The poll clerk shall enter in the poll book opposite the name of each voter
(a) the word "Voted" as soon as the voter's ballot is deposited in the ballot box;
(b) the word "Sworn" or "Affirmed" after the name of each voter to whom the oath is administered or who makes an affirmation; and
(c) the words "Refused to be sworn or affirm" opposite the name of each voter who refuses to take an oath or to affirm when required to do so.
The poll clerk shall also enter in the poll book any other entries required by this Act.
Voter requiring assistance – use of template
A voter who is unable to vote in accordance with the other provisions of this Act because of a visual impairment or difficulty reading may ask the deputy returning officer to vote using a template, in which case the deputy returning officer shall
(a) give the voter a template prepared to assist voters in marking their ballots and, when necessary, shall explain to the voter how to use the template;
(b) when requested, assist the voter to the compartment for voting and leave the voter there to mark the ballot; and
(c) otherwise follow the provisions of this Act as far as is practicable for the purpose of accepting the marked ballot and depositing it in the ballot box.
Voter requiring assistance of friend or D.R.O.
A voter who is unable to vote in accordance with the other provisions of this Act because of a physical disability or visual impairment or difficulty reading and who is unwilling or unable to use a template, may ask the deputy returning officer to vote with assistance, and
(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; 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 the ballot in the manner directed by the voter in the presence of the poll clerk and the scrutineers in the polling place and no others.
A friend who assists a voter under subsection (2) must first take an oath or affirm in the prescribed form to keep secret how the voter's ballot is marked.
Friend may assist only two voters
No person shall mark more than two voters' ballots as a friend at any election.
When a voter is assisted by a friend or the deputy returning officer under subsection (2), 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 was marked or the voter was assisted by a friend or the deputy returning officer, and if a friend, the friend's name and address; and
(b) if the voter was assisted by a friend, the word "Sworn" or "Affirmed" after the friend's name.
Applying for ballot deemed to be tendering vote
A person who applies for a ballot is deemed to have tendered his or her vote or to have offered to vote, and a person who has placed or caused to be placed a ballot in the ballot box or has delivered it to the deputy returning officer or poll clerk to be placed in the ballot box is deemed to have voted.
Voter requiring ballot after another has voted in his or her name
When a person representing himself or herself to be a voter applies for a ballot after another person has already voted as that voter, the person is entitled to receive a ballot and to vote after taking the oath or making an affirmation and otherwise establishing his or her identity to the satisfaction of the deputy returning officer.
The poll clerk shall enter in the poll book the name of a voter who applies for a ballot under subsection (1), and make a note of his or her having voted on a second ballot, and of the fact of the oath having been taken or affirmation made and of any objection made on behalf of a candidate.
A voter who has inadvertently spoiled his or her ballot so that it cannot be used is entitled, on returning it to the deputy returning officer, to obtain another ballot. Without unfolding the returned ballot, the deputy returning officer shall write the word "Spoiled" on the back and place it in the envelope provided for spoiled ballots. The spoiled ballot shall not be counted.
Every person present at a polling place, including a person present to vote, and every person present at the counting of the vote, must preserve the secrecy of the ballot and, in particular, shall not do any of the following:
(a) interfere with a person who is marking a ballot;
(b) attempt to discover how a person voted;
(c) communicate information about how a person voted or marked a ballot;
(d) induce a person, directly or indirectly, to show the ballot in a way that reveals how he or she voted.
Voter may not be required to reveal vote
A voter may not be required in any legal proceeding to reveal how he or she has voted in an election.
A voter shall not show his or her marked ballot to any person or ask for or receive assistance in marking the ballot from any person in the polling place, unless the voter requires assistance in voting because of a physical disability or visual impairment or difficulty reading.
Declining to vote – regular ballot
A voter who receives a regular ballot and wishes to decline to vote shall follow the directions set out in subsection 92(3), except that instead of marking the ballot for a candidate, the voter shall write the word "Declined" anywhere on the front of the ballot and fold it and return it to the deputy returning officer who shall deal with it in the manner provided in subsection 92(3).
Declining to vote – special blank ballot
A voter who receives a special blank ballot and wishes to decline to vote shall follow the directions set out in subsection 92(4), except that instead of writing in the name of a candidate, the voter shall write the word "Declined" in the oblong box on the front of the ballot and fold it and return it to the deputy returning officer who shall deal with it in the manner provided in subsection 92(4).
HOMEBOUND VOTERS – VOTING AT HOME
A voter who is unable to go in person to the polling place or an advance poll because of a physical disability may apply in writing to the returning officer to vote at home.
An application to vote at home may be given to the returning officer directly or delivered by mail or another method acceptable to the Chief Electoral Officer, and must be received by the returning officer on or before the Saturday before polling day.
Information required for application
An application to vote at home must set out the voter's name, address and telephone number and include a declaration that the voter is a qualified voter who meets the requirement to vote at home under subsection (1).
If the returning officer is satisfied that an applicant under section 101 meets the requirements of that section, the returning officer shall deliver, cause to be delivered, or mail the following material to the voter:
(a) a regular ballot initialled by the returning officer;
(b) a ballot envelope with instructions printed on it in the prescribed form;
(c) a certificate envelope with a certificate of identification printed on it in the prescribed form;
(d) an outer envelope with the address of the returning officer printed on it;
(e) instructions on how to vote at home.
Name crossed off the voters list
After delivering or mailing a ballot under this section, the returning officer shall cross the voter's name off the voters list and enter the words "Homebound ballot" opposite the voter's name. The voter is then deemed to have voted.
The returning officer shall keep a record in a separate poll book of the names of voters to whom ballots are delivered or mailed under this section.
A voter to whom a ballot is delivered or mailed under this section shall
(a) mark the ballot in accordance with this Act and insert it into the ballot envelope and seal the ballot envelope;
(b) insert the ballot envelope into the certificate envelope and seal the certificate envelope;
(c) complete and sign the certificate on the certificate envelope as to the voter's identity and that the voter has not previously voted in the election, which must be certified by the signature of another voter authorized to vote at the election in that electoral division;
(d) insert the certificate envelope into the outer envelope and seal the outer envelope; and
(e) deliver or mail the outer envelope so that it arrives at the office of the returning officer by 8:00 p.m. on polling day.
On receiving a returned ballot under this section, the returning officer shall
(a) remove the certificate envelope from the outer envelope and examine the certificate to ensure that it is completed and signed;
(b) if satisfied as to the voter's identity and that the voter has not previously voted in the election, place the certificate envelope unopened in a ballot box maintained for that purpose;
(c) if not satisfied as to the voter's identity or that the voter has not previously voted, keep the certificate envelope unopened, mark it "Not identified" or "Previously voted", and keep it with the separate poll book; and
(d) make a note in the separate poll book opposite the voter's name that the ballot has been returned.
S.M. 1998, c. 4, s. 65; S.M. 2001, c. 43, s. 7.
ABSENTEE VOTING
Application to vote as an absentee voter
In order to vote as an absentee voter, a person must be a qualified voter who
(a) expects to be absent from Manitoba on advance polling days and on polling day; or
(b) expects that attending to vote on polling day and on advance polling days will not be reasonably possible because the person will be in a location in Manitoba distant from the polling place at which that person would otherwise vote.
When and to whom application is made
A voter may apply to vote as an absentee voter by making a written application to
(a) the Chief Electoral Officer in accordance with section 104, if the application is made before a writ of election has been issued; or
(b) a returning officer in accordance with section 105 after a writ of election has been issued.
Application to Chief Electoral Officer before writ is issued
Before a writ of election has been issued, a qualified voter who expects to be absent from Manitoba for at least one month may apply in writing in accordance with this section to the Chief Electoral Officer to vote as an absentee voter.
Chief Electoral Officer to maintain an absentee registry
The Chief Electoral Officer shall maintain a registry of absentee voters who apply under subsection (1).
An application under subsection (1) must be completed to the satisfaction of the Chief Electoral Officer and must include the following:
(a) the voter's name, his or her current or most recent geographic and mailing address and telephone number in Manitoba, and a facsimile number if it is available;
(b) a declaration of the voter's eligibility to vote as an absentee voter;
(c) the date the person left or intends to leave Manitoba and the anticipated date of return;
(d) a mailing address and telephone number outside Manitoba where the voter may be reached, and a facsimile number if it is available;
(e) a declaration of intent to return to Manitoba within six months, for the purposes of residency under subsection 35(1), unless the person qualifies as a resident under subsection 32(1.1);
(f) the documentation referred to in subsection 85(2).
Legible photocopies acceptable
Legible photocopies of the documentation referred to in clause (3)(f) are acceptable.
Responsibility to inform Chief Electoral Officer of changes
A voter whose name has been placed on the registry of absentee voters under this section is responsible for informing the Chief Electoral Officer of any changes to the information provided under subsection (3).
Removal of names from absentee registry
The Chief Electoral Officer shall remove the name of a voter from the registry of absentee voters
(a) when the voter requests his or her name to be removed;
(b) on the return date to Manitoba that was indicated in the voter's application; and
(c) when the voter dies, if that information is communicated to the Chief Electoral Officer;
and, in the circumstances mentioned in clauses (a) and (b), the Chief Electoral Officer shall provide notice to the voter at the address provided in the application.
Names on registry provided to returning officer
After a writ of election has been issued, the Chief Electoral Officer shall provide the names and applications of voters on the registry of absentee voters who are entitled to vote in each electoral division to the returning officer of that electoral division.
For each name provided under subsection (7), the returning officer shall
(a) determine whether the name appears on the voters list for the electoral division; and
(b) if the name does not appear, determine if the voter resides at an address in the electoral division and meets the requirements to vote as an absentee and, if so, add the voter's name, address and telephone number to the revised voters list for the electoral division.
S.M. 1998, c. 4, s. 65; S.M. 2000, c. 20, s. 20; S.M. 2002, c. 7, s. 4.
Application to returning officer if writ issued
After a writ of election has been issued, a person described in subsection 103(1) may apply to vote as an absentee voter by making a written application to the returning officer of the electoral division in which the voter is entitled to vote.
When application must be received by returning officer
An application under subsection (1) must be received by the returning officer on or before the Saturday before polling day.
Content of application by person outside Manitoba
An application under this section by a voter described in clause 103(1)(a) must include the information and documentation set out in subsection 104(3). Legible photocopies of that documentation are acceptable.
Content of application by person in Manitoba
An application under this section by a voter described in clause 103(1)(b) must include the following:
(a) the voter's name, geographic and mailing address and telephone number, and a facsimile number if it is available, in the electoral division in which the voter is resident;
(b) a declaration of the voter's eligibility to vote as an absentee voter under clause 103(1)(b);
(c) a declaration of the voter's residency, including the date the person left or intends to leave the electoral division in which the voter is resident and the anticipated date of return;
(d) a geographic and mailing address and telephone number at the distant location where the voter may be reached outside the electoral division in which he or she is resident, and a facsimile number if available; and
(e) the documentation referred to in subsection 85(2), of which legible photocopies are acceptable.
The returning officer shall, in respect of each application that meets the requirements of this section,
(a) ascertain whether the name of the applicant appears on the voters list for the electoral division; and
(b) if the name does not appear on the voters list, determine whether the voter resides at an address in the electoral division and, if so, add the name, address and telephone number to the voters list for the electoral division.
Voter's responsibility to get ballot
If an application under this section is received by the returning officer in the eight days before the close of applications under subsection (2), the applicant is responsible for arranging for the delivery of the ballot to himself or herself.
A voter who meets the requirements for voting as an absentee voter under section 104 or 105 may
(a) vote by regular ballot in accordance with this Act in the office of the returning officer after ballots for the election have been printed and before advance polling days begin; or
(b) vote in the manner provided in section 107 using a special blank ballot.
Material with special blank ballot
The returning officer shall deliver or mail the following material to a voter who is voting as an absentee voter using a special blank ballot:
(a) a special blank ballot initialled by the returning officer;
(b) once available, a list of the candidates in the electoral division, indicating the registered political party, if any, by which each is endorsed;
(c) a ballot envelope with instructions printed on it in the prescribed form;
(d) a certificate envelope with a certificate of identification printed on it in the prescribed form;
(e) an outer envelope with the address of the returning officer printed on it;
(f) instructions on how to vote.
Name crossed off the voters list
After delivering or mailing a special blank ballot under subsection (1), the returning officer shall cross the voter's name off the voters list and enter the words "Absentee ballot" opposite the voter's name. The voter is then deemed to have voted.
The returning officer shall keep a record in a separate poll book of the names of voters who vote as absentee voters to whom ballots are delivered or mailed under this section.
A voter to whom a special blank ballot is delivered or mailed under this section shall
(a) mark the ballot in accordance with this Act and insert it into the ballot envelope and seal the ballot envelope;
(b) insert the ballot envelope into the certificate envelope and seal the certificate envelope;
(c) complete and sign the certificate on the certificate envelope as to the voter's identity and that the voter has not previously voted in the election;
(d) insert the certificate envelope into the outer envelope and seal the outer envelope; and
(e) deliver or mail the outer envelope so that it arrives at the office of the returning officer of the electoral division in which the voter is entitled to vote by 8:00 p.m. on polling day.
On receiving a returned special blank ballot under this section, the returning officer shall
(a) remove the certificate envelope from the outer envelope and examine the certificate to ensure that it is completed and signed;
(b) if satisfied as to the voter's identity and that the voter has not previously voted in the election, place the certificate envelope unopened in a ballot box maintained for that purpose;
(c) if not satisfied as to the voter's identity or that the voter has not previously voted, keep the certificate envelope unopened, mark it "Not identified" or "Previously voted", and keep it with the separate poll book; and
(d) make a note in the separate poll book opposite the voter's name that the ballot has been returned.
Procedure for counting ballots
As soon as possible after 8:00 p.m. on polling day, the returning officer shall, in the presence of the poll clerk and of the candidates or their scrutineers if present, or in the presence of at least two voters if no candidates or scrutineers are present,
(a) open the ballot box maintained for the purpose of absentee voting;
(b) separate the regular ballots, if any, from the certificate envelopes;
(c) deal with and count the regular ballots in accordance with sections 114 to 122; and
(d) deal with and count the special blank ballots in the same manner as provided in subsections 124(5) to (10) with such modifications as the circumstances require.
The returning officer shall prepare a statement of absentee voting and a certificate of ballot count 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.
109 and 110 Repealed.
DIVISION 7
POLITICAL ACTIVITIES ON VOTING DAYS
Distribution of circulars, etc., near polling place
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
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.
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 $2,000. or, in default of payment, to imprisonment for a term of six months.
Subject to subsection (2), no person shall, in a building in which there is a polling place for voting at the election or within 50 metres of the entrance to such a building, on any day on which voting is permitted at the polling place, carry, or furnish to another for the purpose of being carried, 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.
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.
COUNTING THE VOTE
DIVISION 1
CLOSING POLLS AND COUNTING BALLOTS
ORDINARY POLLS
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
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.
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.
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.
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
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 indicate the word "Declined"; 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; or
(i) has the word "Declined" in addition to the symbol X or any other symbol or mark.
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 92(3) or in clauses (a) to (f) opposite the name of a single candidate.
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.
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
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.
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
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 and declined ballots arranged in piles
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). Ballots that have been endorsed "Declined" shall be placed in a separate pile.
The deputy returning officer shall then count the number of ballots that have been endorsed "Declined", record the number, and place all "Declined" ballots in an envelope provided marked "Declined ballots" and seal it up.
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 valid ballot which indicates an intent to vote for him.
After the number of votes cast for each candidate has been ascertained, the result may be announced to the public.
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.
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.
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
The deputy returning officer shall then put the envelopes containing the rejected ballots, the rejections objected to ballots and the declined 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
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 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
After sealing the ballot box, the deputy returning officer shall personally deliver it to the returning officer or his or her agent or, if personal delivery is impractical, the deputy returning officer shall send the ballot box to the returning officer by a delivery service that provides the sender with an acknowledgment of receipt.
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.
As soon as possible after 8:00 p.m. on polling day, the returning officer shall, in the presence of the candidates and their scrutineers, or in the presence of at least two voters if no candidates or scrutineers are present,
(a) open the ballot box maintained for the purpose of keeping the certificate envelopes mailed or delivered under section 102;
(b) open the certificate envelopes and remove the ballot envelopes contained in them so that the name of the voter cannot be identified with the ballot;
(c) open the ballot envelopes and remove the ballots; and
(d) count and distribute the votes recorded on the ballots to the respective candidates, observing as nearly as possible sections 114 to 121 and the procedures that apply to an ordinary poll.
The returning officer shall prepare a statement of homebound voting 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.
INSTITUTIONAL POLLS
Procedure on closing an institutional poll
Immediately after 8:00 p.m. on polling day, the deputy returning officer of an institutional poll established under section 62 shall, as far as is practicable, close the poll in the same way an ordinary poll is closed under section 113, and, in the presence of the poll clerk and the candidates or their scrutineers, if present,
(a) separate the regular ballots, if any, from the special blank ballot envelopes;
(b) deal with and count the regular ballots in accordance with sections 114 to 122;
(c) place the special blank ballot envelopes into an envelope addressed to the Chief Electoral Officer and either
(i) deliver it personally to the returning officer, if practicable, who shall deliver it to the Chief Electoral Officer, or
(ii) deliver it to the Chief Electoral Officer; and
(d) prepare a statement of the poll, and a certificate of ballots indicating the number of regular ballots and the number of special blank ballots in the poll.
Chief Electoral Officer to sort special blank ballot envelopes
The Chief Electoral Officer shall open the envelope delivered under clause (1)(c) and sort the special blank ballot envelopes according to the electoral divisions to which the addresses of the voters correspond.
Ballots sent to returning officer
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
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 voters, 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, address and telephone number of the voter to the voters list for the electoral division; and
(d) ascertain whether the voter has previously voted in the election.
Rejection of certain special blank ballot envelopes
The returning officer shall set aside and not open an envelope containing a special blank ballot if
(a) the address of the voter is not an address in the electoral division; or
(b) the name and address indicate that it contains the ballot of a voter who appears to have previously voted in the election.
Opening of special blank ballot envelopes
The returning officer shall open each remaining envelope and take out the inner envelope containing the special blank ballots and, after separating the inner envelopes from the outer envelopes so that the name of the voter cannot be identified with the ballot, open the inner envelopes and count the ballots that are not rejected.
Rejection of special blank ballots
In counting the ballots cast for each candidate, the returning officer shall reject a special blank ballot that
(a) does not appear to have been supplied for the election;
(b) does not have in the oblong space on the front of the ballot either the name of the candidate for whom the vote is given or the word "Declined";
(c) has the name of more than one candidate;
(d) has any mark or writing made by the voter by which the voter may afterwards be identified; or
(e) indicates a vote for a candidate who has withdrawn from the election as provided in section 56.
Marks allowed on special blank ballot
Notwithstanding subsection (7), a special blank ballot shall not be rejected
(a) because the voter, without any apparent intent of identifying himself or herself, has marked his or her vote out of, or partly out of, its proper space, if the name of the candidate for whom the voter intended to vote can be clearly identified;
(b) for the sole reason that the voter has incorrectly written the name of a candidate, if the ballot clearly indicates the voter's intent; or
(c) for the sole reason that the voter has written, in addition to the name of a candidate, the name of the registered political party by which the candidate is endorsed or the word "independent", if the ballot clearly indicates the voter's intent.
Allocating special blank ballots to candidates
All of the special blank ballots that are not discarded or rejected shall be examined and arranged in piles according to the name of the candidate marked in the oblong box on the ballot. Ballots that have been endorsed "declined" shall be placed in a separate pile.
Counting special blank ballots
The returning officer shall count the number of ballots in each of the piles in the same manner as regular ballots are counted under subsections 116(3) and (4) and sections 117 to 120, with such modifications as the circumstances require.
S.M. 1998, c. 4, s. 75; S.M. 2001, c. 43, s. 7.
REMOTE MOBILE ORDINARY POLLS
Procedure on closing remote mobile ordinary poll
Immediately after 8:00 p.m. on polling day, the deputy returning officer of a remote mobile ordinary poll established under subsection 63(1) shall,
(a) as far as is practicable, close the poll in the same manner as an ordinary poll under section 113; and
(b) in the presence of the poll clerk and the candidates or their scrutineers if present, deal with and count the ballots cast in accordance with sections 114 to 122.
REMOTE MOBILE ADVANCE POLLS
Procedure on closing remote mobile advance poll
At the close of a remote mobile advance poll established under subsection 63(2), the deputy returning officer shall follow the procedures described in subsection 81(4), with such modifications as the circumstances require.
DIVISION 2
TALLYING VOTES
Duties of returning officer on receipt of ballot box
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.
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.
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.
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.
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.
Judge to be a voter in different electoral division
The judge to whom an application is made under subsection (1) must not be a voter in the electoral division for which the recount is applied for.
Delay in declaration for judicial recount
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.
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
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.
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
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
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.
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.
DIVISION 3
JUDICIAL RECOUNT AND APPEAL
Application for judicial recount
If a judicial recount is not required under section 128, any candidate or voter in the electoral division may, for the sole purpose of declaring as elected the candidate who obtains the highest number of votes, apply to a judge of the Court of Queen's Bench for a judicial recount of the ballots cast at the election.
An application under subsection (1) must be made not later than eight days after the returning officer of the electoral division has announced the results of the count of the ballots.
Judge not to be a voter in that electoral division
The judge to whom an application is made under subsection (1) must not be a voter in the electoral division for which the recount is applied for.
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 a judicial recount will be conducted.
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.
Notice of each judicial recount shall be given to the Chief Electoral Officer.
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 in such other manner as he thinks fit.
Return to be delayed pending decision
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.
At the time and place appointed for the judicial recount, the returning officer and the assistant returning officer or officers shall
(a) attend with the ballot boxes and documents required for the recount; and
(b) be present at all times during the recount and assist the judge and court officials in conducting it.
Returning officer responsible for ballot boxes and documents
During a judicial recount, the ballot boxes and documents remain in the custody of the returning officer, who remains responsible for them subject to any directions that the judge may give.
At the time and place appointed for the judicial recount and in the presence of the persons attending,
(a) the judge shall hear and determine every complaint or submission about ballots rejected by a deputy returning officer and ballots objected to, and either confirm or reverse the decision of the deputy returning officer;
(b) the judge, or court officials in accordance with subsection (1.2), shall open all of the sealed envelopes containing the ballots, except the envelopes containing spoiled and discarded ballots;
(c) the judge, or court officials in accordance with subsection (1.2), shall recount all the ballots counted by the several deputy returning officers, subject to the determinations made under clause (a); and
(d) the judge shall hear and determine every complaint or submission made by a party to the judicial recount concerning any ballot recounted under clause (c).
A judicial recount shall proceed according to the requirements of this Act concerning the counting of the ballots at the close of the polls, and for that purpose the judge has all the powers that a deputy returning officer has in making the count, and the judge may examine the poll book, including the oaths, and shall verify and correct the statement of the poll.
The judge may appoint a court official or officials to assist in the recount, and such officials may perform the functions described in clauses (1)(b) and (c), in accordance with the judge's directions.
As far as practicable, proceedings under this section must proceed continuously from 9:00 a.m. to 5:00 p.m. Monday to Friday, unless the judge and the parties agree otherwise.
Sealing up documents during recess
At any time that the recount is not proceeding continuously, the judge or court official shall place the ballot papers and other documents relating to the election in packages or containers under their own seal and the seal of any of the parties who wish to do so, and shall take all other necessary precautions for the security of the ballots and documents.
Repealed, S.M. 1998, c. 4, s. 83.
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
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
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
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
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.
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 under section 128
No costs may be awarded on a judicial recount under section 128.
Costs on judicial recount under section 131
No costs may be awarded on a judicial recount under section 131 unless, in the opinion of the judge, a party to the judicial recount engaged in vexatious conduct or made unfounded allegations or objections, in which case the judge may award costs of not more than $500.
Each party to a judicial recount is responsible for fees for witnesses the party has subpoenaed, other than deputy returning officers or poll clerks, whose fees are to be paid by the Chief Electoral Officer.
S.M. 1993, c. 48, s. 12; S.M. 1998, c. 4, s. 84.
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.
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 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.
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.
The time appointed for hearing the appeal shall not be more than 10 days after the registrar receives the notice of appeal.
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.
The Court of Appeal may appoint a court official or officials to assist in the recount, and such officials may perform the functions described in clauses 135(1)(b) and (c) in accordance with the Court's directions.
No costs shall be awarded on an appeal under this section.
Declaration after judicial recount
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.
New election if equal number of votes
A new election must be held if, after an appeal from a judicial recount, or after a judicial recount from which no appeal is taken, there is an equal number of votes for two or more candidates who have more votes than any other candidate in the election.
Issuing a writ for a new election
On receiving the certificate of the judge conducting the judicial recount, the returning officer shall give the certificate and the writ of election indicating that no member was elected to the Chief Electoral Officer, who shall
(a) issue a writ for a new election in the prescribed form; and
(b) give the writ to the returning officer of the electoral division in which the new election is to take place.
The writ for the new election must be issued on the first Friday after the day the Chief Electoral Officer receives the certificate under subsection (2).
The writ for the new election must
(a) specify the Tuesday that is 18 days after the date of the writ, for the closing of nominations for candidates;
(b) state that, where a poll is granted, the day on which general polling is to take place is the Tuesday that is 14 days after nominations close or, if that day is a holiday, the next day that is not a holiday; and
(c) state that it is returnable as provided in this Act.
DIVISION 4
RETURN OF WRIT
Return of the writ if no recount
If no judicial recount or appeal has been applied for, the returning officer shall send his or her certified return and the writ of election to the Chief Electoral Officer immediately after the 10th day following the declaration of the elected candidate. The return must be in the prescribed form.
Return of the writ if recount held
If there has been a judicial recount or an appeal, the returning officer shall send his or her certified return and the writ of election to the Chief Electoral Officer immediately after receiving the certificate of the judge conducting the recount. The return must be in the prescribed form.
The returning officer shall attach a copy of the statement made under section 129 to his return to the Chief Electoral Officer.
As soon as practicable after returning the writ to the Chief Electoral Officer, the returning officer shall return 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.
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 any delivery service whereby the sender is provided with an acknowledgment of receipt.
S.M. 1998, c. 4, s. 87; S.M. 2000, c. 20, s. 23.
Report on election organization
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 assistant returning officer, 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.
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.
DIVISION 5
PUBLICATION OF RESULTS
Notice and publication of return
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, discarded and declined 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
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.
Delivery of voters lists to parties
As soon as practicable after an election in an electoral division, the Chief Electoral Officer shall, on request, deliver to each registered political party a copy of each official voters list prepared under subsection 51(1) that also includes all voters added to the voters list before the end of the day on polling day.
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, including the oaths, 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 Archivist of Manitoba, destroy any voters lists or copies thereof and poll books, including the oaths, 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.
On the written request of the Archivist of Manitoba, the Chief Electoral Officer shall, on the expiration of the periods mentioned in subsection (1), send to the Archivist of Manitoba for inclusion in the archives any voters lists, poll books or other documents used or pertaining to an election other than marked, spoiled or discarded ballot papers.
S.M. 1998, c. 4, s. 91; S.M. 2001, c. 35, s. 35.
Inspection of election documents
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
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.
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.
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.
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
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.
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.
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
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.
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).
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
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.
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.
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
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.
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 $5,000. and to imprisonment for a term not exceeding one year.
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
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
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.
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.
Failure to grant leave from employment, etc.
155.1 A person who contravenes section 24.2 or 24.4 respecting leave from employment for a candidate, election officer, enumerator or volunteer commits an election offence.
Except while acting under the authority of subsection 51.1(1), every enumerator, returning officer or revising officer, as the case may be, who
(a) omits or deletes from a voters list the name of a person he knows is entitled to have his name entered thereon; 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
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 or deleted from 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.
S.M. 1993, c. 48, s. 12; S.M. 1995, c. 6, s. 6; S.M. 1998, c. 4, s. 94.
Refusal or neglect to deliver ballot box
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
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
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.
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.
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.
Every person who, without authority, destroys, obliterates, takes down, covers up, mutilates, defaces or alters any 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, assistant returning officer, deputy returning officer, poll clerk or other officer engaged under this Act, he is guilty of an election offence.
Every notice or other document required 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 notice or other document.
S.M. 1993, c. 48, s. 12; S.M. 1998, c. 4, s. 9; S.M. 2001, c. 43, s. 7.
Refusal to provide voters lists, etc.
Every returning officer who refuses or fails, without reasonable excuse, to furnish copies of a voters list 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 a voters list as provided in this Act, is guilty of an offence.
A person who uses all or any part of a voters list prepared under this Act for a purpose other than one of the following is guilty of an election offence:
(a) use of a voters list for the purpose of a federal, municipal or school election by the respective electoral authority;
(b) use of a voters list by a registered political party, a candidate nominated under this Act, a candidate as defined in The Elections Finances Act, or a Member of the Legislative Assembly to communicate with his or her constituents.
No application to use of lists for research or historical purposes
Subsection (1) does not apply to a voters list more than 25 years old that is used for research or historical purposes.
S.M. 1995, c. 6, s. 8; S.M. 1998, c. 4, s. 95.
Obstruction of Chief Electoral Officer
A person who obstructs or hinders, or makes a false or misleading statement to, the Chief Electoral Officer or a person appointed by the Chief Electoral Officer when conducting an investigation under section 174.1 is guilty of an election offence.
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 $10,000. or to imprisonment for a term of not more than one year or to both.
Every person who contravenes, violates or fails to comply with any provision of this Act is guilty of an offence.
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 $2,000. or to imprisonment for a term of not more than two months or to both.
Limitation period for prosecutions
A prosecution for any offence under this Act may be commenced not later than one year after the date on which the Chief Electoral Officer has reasonable and probable grounds to believe that an offence has been committed.
S.M. 1998, c. 4, s. 98; S.M. 1999, c. 2, s. 3.
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
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.
No person other than the Chief Electoral Officer shall institute proceedings to prosecute anyone for an offence under this Act.
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.
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.
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.
Election offence by candidate or official agent
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 subsections (2) and (3), is void.
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
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
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
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
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 PROVISIONS
Investigations by the Chief Electoral Officer
The Chief Electoral Officer may conduct an investigation of any matter that might constitute a contravention of this Act.
Chief Electoral Officer may appoint investigator
The Chief Electoral Officer may appoint a person to conduct an investigation on his or her behalf under this section, and such a person has the same powers and duties as the Chief Electoral Officer has under this section.
The Chief Electoral Officer may require any person who, in the opinion of the Chief Electoral Officer, is able to give any information about a matter under investigation
(a) to provide the information to the Chief Electoral Officer; and
(b) to produce to the Chief Electoral Officer any record that in the opinion of the Chief Electoral Officer relates to the matter under investigation and that may be in that person's possession or under that person's control.
On being satisfied on evidence given on oath or affirmation that there are reasonable and probable grounds to believe that an offence under this Act has been committed and that there are in a place records or other things that will afford evidence in respect of the commission of an offence, a justice may issue an order authorizing the Chief Electoral Officer or a peace officer to enter the place and search for and seize records or other things in accordance with the warrant.
The Chief Electoral Officer shall conduct an investigation in private.
S.M. 1998, c. 4, s. 101; S.M. 2001, c. 43, s. 7.
Right of candidate to enter multiple residence
Between 9:00 a.m. and 9:00 p.m., no person shall prevent a candidate or a representative of a candidate who produces identification indicating that he or she is a candidate or a representative from canvassing or distributing election campaign material at the doors of apartments or units in an apartment building, condominium complex or other multiple residence. But this does not apply to a residence for persons under reasonable apprehension of bodily harm.
Access to health care and correctional facilities
In the case of a health care facility or correctional facility, canvassing and the distribution of election campaign material must take place at hours and a location mutually agreed to by the administration of the facility and the candidate.
Right of candidate to enter communities
No person shall prevent a candidate or a representative of a candidate who produces identification indicating that he or she is a candidate or representative from canvassing or distributing election campaign material in any community in the province.
In subsection (3), "community" means any geographic territory which has an elected or appointed government, leadership or council which has jurisdiction to pass rules, regulations or by-laws on matters of local concern within the boundaries of that geographic territory.
S.M. 1998, c. 4, s. 101; S.M. 2000, c. 20, s. 25.
No landlord or person acting on a landlord's behalf may prohibit a tenant from displaying election posters or signs on the premises to which the lease relates, and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election posters or signs on the premises of his or her unit.
Despite subsection (1), a landlord, person, condominium corporation or agent may set reasonable conditions relating to the size or type of election posters and signs that may be displayed on the premises and may prohibit their display in common areas of the building in which the premises are found.
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 officers, assistant returning officers, poll clerks, enumerators and other officers appointed under this Act;
(c) prescribing a tariff of rents payable for polling places.
S.M. 1998, c. 4, s. 9; S.M. 2001, c. 43, s. 7.
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
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 without further appropriation.
An amendment to this Act does not apply to an election for which a writ is issued within 90 days after the amendment comes into force.