Bill 220 — Iii ... , .. Iii -F'Ouw;4~Sion, 17Th Legislature, 24 Eli.Zaoeth \ Tr the Legislative Assembly of Albert:A Bill 220 An Act To Amend the Municipal Election Act (Legislature 17, Session 4)

L17 S4 5443

Alberta — Bills

1975 Bill 220 iii ... , .. iii -f'ouW;4~sion, 17th Legislature, 24 Eli.zaoeth \ tr THE LEGISLATIVE ASSEMBLY OF ALBERT:A BILL 220

AN ACT TO AMEND THE MUNICIPAL ELECTION ACT MR. WILSON First Reading ............................. . Second Reading Third Reading

Bill 220 Mr. H'ilson BILL 220 1975

AN ACT 'TO AMEND THE MUNICIPAL ELECTION ACT (Assented to , 1975) HER :MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The ltfunicipal Election Act is hereby amended.

Section 126, subsection (1) is amended (

a) by adding the word "city," before the words "town, village or municipal district"; and (

b) by deleting the word "may" after the words "return ing officer" and substituting therefore the word "shall".

Section 132 is struck out and the following

section is substituted therefor: 132.

(1) At any time within 15 days from the time of the declaration of the result of an election by the returning officer, any elector may apply to the district court for a recount of the votes given at the election.

(2) The Lieutenant Governor in Council may by regula tion prescribe the form of an application under this section.

Section 133 is amended by striking out the words "At least three days prior to the application, a copy of the not,ice of motion and the affidavit filed" and by substituting the words "At least three days prior to the date fixed for the hearing of the application, a copy of the application".

Section 142 is struck out and the following

section is substituted therefor: 142.

(1) Subject to subsections (2) and (3), the costs, charges and expenses of and incidental to an application for a recount and to the proceedings consequent thereon shall be paid by the municipality concerned.

Explanatory Notes I. This Bill will amend

chapter 2'45 of the Revised Statutes of Alberta, 1970.

Section 1'26 (1) presently reads: 126.

(1) If in a town, village or municipal district a candidate is dissatisfied with the result of the voting as shown by the duplicate statement of the officer presiding at any pOUing place, 'and shows reason for his djssatis~actlOn, then the retur"ling officer may (

a) break the seals of the ballot box aeliverro to him by the orCi~r presiding at that polling place, and (

b) proceed to count the ballot papers contained therein in thE' same roa3~er as the officer presiding at the pOlling pla.ce is directed

Section 13'2 presently reads: 132,

(1) At any time within 15 days from the time of the declaration of the result of an election by the returning officer, any elector may apply to the district court by notice of motion for a recount, after the E'·jector has (

a) filed an affidavit with the clerk of the court that the returning officer or a deputy returning officer or other officer, in count ing the votes given at the election. improperly counted or rejected ballot papers, and (

b) deposited with the clerk of the court the sum of $3(10 as SE'curtty for the payment of costs and expenses.

(2) The deposit of $300 shall not be paid out by the clerk without the order of the judge. The amendment ic:; aimed at simplifying the procedure for a judicial recount and to remove the burden of a $300 deposit. 4. Consequentia,l upon the recasting of

Section 132 . • >.

Section 142 presently reads: 142.

(1) All costs, charges and expenses of and Incidental to an aplication for a recount, and to the proceedings consequent thel'eon, shall be defraved by the municipality and the parties to the application, or any of the'm. in such manner and in such proportion as the Judge determines regard being had to any cos·ts, charges or expenses that. in the opinion of the judge, have been causE'd by \\:!xatlous conduct, un founded allegations or unfounded objections on the part either of th,. applicant or the respondent.

(2) The costs may. If the judge so orders, be taxed in the saDle manner and according to the same prin.ciples 8R costs are taxf'U between solicitor and client.

(2) Where the difference between the number of votes cast in favour of the candidate declared elected and the number of votes cast in favour of the candidate having the second highest number of votes is greater than 2 p€~ cent of the total number of votes cast in the election, the costs, charges and expenses referred to in subsection (1) shall be paid by the municipality and the parties to the application, or any of them, in such manner and in such proportion as the court may determine.

(3) In making a determination under subsection (2), the court shall have regard to those costs, charges and ex penses that have been caused by vexatious conduct, un founded allegations or unfounded objections on the part of either the applicant or any of the respondents.

(4) The costs of the application may, if the court so orders, be taxed on the same basis as solicitor and client costs. 6. This Act comes into force on the day upon which it is assented to. Title: 1975 (17th, 4th) Bill 220,

An Act to Amend The Municipal Election Act

Document details

Collection	Alberta — Bills
Citation	L17 S4 5443
Type	bill
Volume / chapter	L17 S4 5443
Language	en
Format	json
Source	PROVINCIAL
Identifier	1c6b0416ff1d0118b4a2e3518766153f7bf90593

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