Bill 6 — Second Session, 16Th Legislature, 18 Elizabeth Ii Bill 6 An Act To Amend the Municipal Election· Act (Legislature 16, Session 2)

L16 S2 4573

Alberta — Bills

1969 Bill 6 Second Session, 16th Legislature, 18 Elizabeth II BILL 6

An Act to amend The Municipal Election· Act THE MINISTER OF MUNICIPAL AFFAIRS First Reading ............................. . Second Reading ............................ . Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 6 1969

An Act to amend The Municipal Election Act (Assented to , 1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Municipal Election Act is hereby amended.

Section 4, subsection (1) is amended (

a) as to clause (

a) by striking out the words "sections 42, 43, 99" and by substituting the words "sections 42 and 43, subsections (2) and (3) of

section 45 and sections 99", (

b) by adding the following after clause (d): (d1) polling hours in an election or in a vote on a by-law or question shall be between the hours of 12 o'clock noon and 9 o'clock in the evening, and

section 94 does not apply;

Section 8, subsection (1) is amended by striking out the words "resident in" and by substituting the word "of".

Section 38 is amended by adding the following after subsection (4) :

(5) A corporation, church or other religious organiza tion is not entitled to a vote at an election for members of the council.

Section 44, subsection (7), clause (

c) is amended by striking out the words "section 45 or 46" and by substitut ing the words "section 42 or 43".

Section 45, subsection (3) is amended by striking out the words "a week for two consecutive weeks".

Section 46, subsection (1) is amended by striking out the words "to the 4th day" and by substituting the words "up to and including the 8th day".

Explanatory Notes I. This Bill amends -chapter 6,6 of the >statutes of Alberta, 196,s. 2.

Section 4 (1) (

a) presently reads: (

a) a list of electors if a vote is required in an election, shall be prepared by the municipal secretary by a system of registration rather than enumeration and shall contain the names of the proprietary electors, and of those persons who register under subclauses (ii) and (iii) of clause (

b) and sections 42, 43, 99 and 100 do not apply; 3.

Section 8 (1) presently reads: 8.

(1) The council of a municipal district shall provide for the nomination of candidates for councillor by electoral divisions and for the election of the councillors by the vote of the electors resident in the electoral division for which each candidate was nominated. 4. A subsection is added to make it clear that a corporation, church or other religious organization does not have a vote in an election, even though it may under

section 38 vote as a proprietary elector on money by-laws, etc. 5. A cross-reference to other sections is corrected.

Section 45 requires the posting of the list of electors. Sub section (3) presently reads:

(3) The municipal secretary shall also publish once a week for two consecutive weeks in a newspaper or newspapers circulating in the municipality a notice stating that the lists have been prepared and posted for inspection stating the places where they are posted and the time within which application for amendments thereto may be received by him. 7.

Section 461 (1) presently reads: 46.

(1) Any person who is otherwise qualified to vote but whose name does not appear on the list referred to in

section 45 may, at any time during office hours of any business day to the 4th day before the date established for polling day, apply to the municipal secretary to have his name added to the list.

Section 49 is struck out and the following is sub stituted: 49. Every returning officer, deputy returning officer, poll clerk,constable, ,candidate or agent authorized to be present at any polling place shall, before exercising at any polling place any of the rights of his office for which he has been appointed, take and subscribe before a justice of the peace, the municipal secretary or commissioner for oaths,or in the case of a poll derk,constable or agent before the deputy returning ,'Officer at whose polling place he is appointed to act an oath in the prescribed form.

Section 51, subsection (1), clause (

b) is amended by striking out the words "first Saturday in November" and by substituting the words "last Wednesday in October".

Section 56, subsection (2) is amended by adding after the words "'the candidate elected" the words "with the lowest number of votes J '.

Section 64 is amended by striking out subsection (4).

Section 71, subsection (1), clause (

b) is amended by adding immediately before the word "occupation", wherever it occurs, the word "main".

Section 78 is amended by adding the following after subsection (4):

(5) Where, in a municipal district or ina dty in which the ward system is in effect, a person is appointed a deputy returning officer, poll clerk or constable to attend at a poll in an electoral division or ward other than the one in which he is entitled to vote, the returning officer may provide him with a certificate entitling him to vote at an advance poll, and he may vote at the advance poll without the necessity of completing the affidavit or affirmation required by

section 88.

Section 80 is struck out.

Section 87 is amended by adding the word "or'·' at the end of clause (

b) and by adding the following after clause (b): 2 (

c) who are election officials that have been given a certificate by the returning officer entitling them to vote under subsection (5) of

section

Section 49 is largely a duplication of

section 80. The amend ment strikes out

section 49 and re-enacts the provisions of

section 80 in its place. A later clause in this Bill strikes out

section 80. 2 9.

Section '5,1 (1) (

b) presently reads: 51.

(1) Nomination day for a general election (

b) in a municipal district is the first Saturday in November, in the year in which the election is to be held.

Section 5,6 (2) presently reads:

(2) The sum so deposited by any candidate in an election shall be returned to him in the event of his being elected or if he ,obtains a number of votes at least equal to one-half of the total number of votes polled for the candidate elected, or in the event of the with drawal of the candidate as pr,ovided in

section 60. I I.

Section 164 (4) reads:

(4) Except in the case of the advance poll, or institutional poll, every polling place for a ward or electoral division shall be situated within the boundaries of the ward or electoral diviswn. 12. ISection 71 (1) (

b) presently reads: 71.

(1) Every ba110t paper shall contain (,

b) the occupation of each candidate. or if he has no occupation. his status. 13. Self-explanatory. 14. See 'Clause 8 of this Bill.

Section 87 (

b) reads: 87. The person:;: authorized to vote at an advance poll are the electors (

b) who hy rea:;:on of physical disability find it impossible or extremely difficult to attend at the regular polling place.

16. The following is added after

section 125: 125a.

(1) At any general election or by-election the candidate or candidates receiving the highest number of votes shall be declared to be elected to the council.

(2) When at a general election it is necessary to elect a person or persons to fill an unexpired term Dr terms, the candidate receiving the larger number of votes shall hold office for the longer period.

(3) When during an election all vacancies are filled by acclamation and one or more of the vacancies is for an un expired term, the municipal secretary shall conduct a draw to determine the terms of office of all candidates in the following manner: (

a) identical slips of paper each 'Containing a candid ate's name shall be prepared for all candidates, folded in the same manner and placed in a recept acle; (

b) the returning officer shall withdraw the slips one at a time from the receptacle and terms of office shall be accorded to candidates in the same order in which slips containing their names are with drawn, with the longest term to be served by the candidate whose slip is first drawn, the next long est term by the candidate whose slip is next drawn and so on, until all terms of office have been ac commoda ted.

Section 126 is amended by adding the following after subsection (2) :

(3) An application pursuant to this

section may be made by a ,candidate during the 72-hour period immediately following the closing of the polls but may not be made thereafter . . 18. This Act comes into force on the day upon which it IS assented to. 3

16. A provision is added for determining which candidate or candidates will serve the longer term or terms in a case where there are unexpired terms to be filled at a by-election or at a general election and where all vacancies have been filled by acclamation. 17.

Section 126 (1) and (2) read: 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 polling place, and shows reason for his dissatisfaction, then the returning officer may (

a) break the seals of the ballot box delivered to him by the officer presiding at that polling place, and (

b) proceed to count the ballot papers contained therein in the same manner as the officer presiding at the polling place is directed to do.

(2) After making any such recount, the returning officer shall (

a) make such corrected statement as may be necessary, (

b) place in the ballot box the corrected statement together with all the documents contained therein at the time he broke the seals, and (

c) lock the ballot box and seal it with his seal, and with the seal of any candidates who desire to affix their seals. 3 Title: 1969 (16th, 2nd) Bill 6,

An Act to amend The Municipal Election Act

Document details

Collection	Alberta — Bills
Citation	L16 S2 4573
Type	bill
Volume / chapter	L16 S2 4573
Language	en
Format	json
Source	PROVINCIAL
Identifier	25c20b31d1fdbecbcc0b010b1031d546491e29a4

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