Bill 4 (Legislature 2, Session 3)

L2 S3 10709

Alberta — Bills

BILL No. 4 of 1911.

An Act respecting the Punishment of Corrupt Practices at Municipal EIE'ctions and the Trial of Controve1·ted Municipal Elections. (Assented to 1911.) HIS MAJESTY, by and with the advice and consent of the Legislative Aff'emhly of the Province of Alberta, enacts aH followH: 1. This Act may be eited as "The Controverted Municipal Sh r·t title Elections Act." 2. In this Act unless the context otherwise requires }.

The expret'sion "clerk of the municipality" mean::l and Cie k of the includes the elerk of any city to which this Act applies or ;a~ t~. 1 - town or the t'ecretary of any village or rural municipality, as thP case may be; 2. The expression "court" means the District Comt of the Co rt. judicial distriet within which the munieipality is wholly or jud e mainly situated, and the expression "judge" means the judge of f;aid court; :3. The expression "council" means the municipal council Cou ell of any dty to which this Act applies, town, village or rural munieipality; 4.

The expression "municipality" means and includes cities Mur lei to which this Act applies, towns. villages and rural muni- pall Y eipaJities; 5 .. The cxpre:osion "voter" means any person entitled to Vot r vote at any election or upon any by-law, as the case may be, in any municipality or any person actually voting at any such election or upon any such by-law. 3. Nothing in this Act contained shall apply to cities incor- App !cation porated by Ordinance or Act at the date of the coming into of ct force of this Act. CORRUPT PRACTICES. 4.

The following persons f'hall be deemed guilty of bribery Brlb ry and shall be punishable accordingly: 1.

Every rerson who directly or indirectly bv himself or by any other person on his behalf gives, lends or agrees to give or lend or offers or promises money or valuable consideration or gives or procures or agrees to give or procure or offers or promises any office, place or employment to or for any voter or to or for any person on behalf of any voter or any person in order to induce any voter to vote or to refrain from voting at an election or to vote or refrain from voting upon a by-law for raising money or creating a debt or who conuptly docs any such act as aforesaid on account of such voter having voted or having refrained from voting at such election or upon such by-law; ,!;.

Every person who directly or indirectly by himself or by any other person on his behalf makes any gift, loan, offer, promise or agreement as aforesaid to or for any pPrson in order

2 to induce ~<uch reiH'n to procure or defeat or endeavour to procure or defeat the return of any person to serve in the council or to procure or defeat the passing of any by-law as aforesaid or the vote of any voter at an election or at the voting upon any by-law; 3. Every person who by reason of any such gift, loan, offer, promi~<e, procurement or agreement procures or engages or promises or endeavours to procure or defeat the return of any rerson in an election or to procure or defeat the passing of any by-law as aforesaid or the vote of any voter at an election or at the voting upon a by-law; 4.

Every person who advances or pays or causes to be paid money to or to the use of any other person with the intent that i'UCh money or any part thereof shall be expended in brieery at an election or at any voting upon any such by-law as aforef:'aid or who knowingly pays or causes to be paid any monPy to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election or at the voting upon any such by-law; 5.

Every voter who before or during an election or before or during tre voting on any such by-law directly or indirectly by himself or any other person on his behalf receives, agrees or cr-ntracts for any money, gift, loan or valuable consideration, office, place or employment for himself or any other person for voting or agreeing to vote or refraining or agreeing to refrain from voting at any such election or upon any such by-law; G.

Every person who after any such c1e3tion or the voting upon any such by-law directly or indirectly by himself or any other person on his behalf receives any money or valuable con:-iideration on account of any person having voted or re frained from voting or having induced any other person to vote or refrain from voting at any such election or upon any sueh by-law; 7.

Every person who hires horses, teams, carriages or other vehieles for the purpoEe of conveying voters to or from the polls and every person who receives pay for the use of any horses, teams, carriages or other vehicles for the purpose of conveying voters to and from any poll as aforesaid. 5.

Every person who directly or indirectly by himself or by Ttre ts, any other person on his behalf makes use of or threatens to e c. make u:-e of any force, violence or restraint or inflicts or threatens the iinfliction by himself or by or through any other person of any injury, damage, harm or loss or in any manner practises intimidation upon or against any person in order to induce or comrel any such person to vote or refrain from voting at any election or at the voting upon any by-law or on account of any such person having voted or refrained from voting thereat or who by adbuction, duress or any fraudulent device or contrivance impedes, prevents or otherwise interferes with the free exercise of the franchise of a voter or thereby compels, induees or prevails upon a voter to give or refrain from giving his vote at any election or at the voting upon any by-law shall be deemed to have committed the offence of undue influence. 6.

The actual personal expenses of a candidate, his expenses Pers nal for ltctual professional services performed and all bona fide expe ses payments for the fair cost of printing and advertising shall be held to be expenses lawfully incurred and the payment thereof shall not be a contravention of this Act.

3 7. When upon a motion in the nature of a quo warranto Eviden e a fJUPstion is raised as to whether the camlirlate or any voter ~nar~~o to or other person has been guilty of any violation of

section 4 or

section 5 hereof affidavit evidence shall not be used to prove the offence but it Rhall be proved by viva voce evidence. 8. Any candidate elected at an election who is found guilty Forfeit re by a judge upon the hearing of a motion in the nature of a ~~~~uai quo w;;rrTonto of any act of bribery or of using undue influence ificatio as aforeRaid shall forfeit his seat and shall be ineligible as a candidate at any election for four years thereafter. 9.

Any perS(lll who is adjudged guilty of any offence within Disq~a - th . f . 4 . 5 h f h 11 . 1 lllcatto 1 e mcamng o Pectwn or sectwn . ereo s a mcur a pena ty of $100 and shall be disqualifiell from voting at any election or upon any by-law for the next succeeding two years. 10.

The monry penalty impoPed by the next preceding Rrecove Yt . l l L b . b o pen Y H'ctwn ::: 1a 1 ue rrcovera le w1th full costs of suit y any penmn who sees for the same in the District Court and any rerson against whom judgment is rendered shall be ineligible either afl a candidate or an rlcctor until the amount so recovered against him haR bern fully paid and satisfied. 11.

Tlw judgl' shall dirPct that in default of payment of the ~~~~Is n ~airl renalty and costs within the time fb.cd by tlw judge the offcndC'I' shall be imprisoneJ for such period not exceeding thirty Jays as is direeteJ by the said juJgment and in ca:o;e of r:;uch rldault of payment the judge shall issue a warrant for the arrer.:t and imprisonment of the offender in accordance with the said judgmf'nt until the penalty and costs arc fully 1:aid or for such other period not Pxcceding thirty days as the order may direct. 12. The judge who finds any candidate guilty of a contra- ~e~~:~ ~ vcntion of

section 4 or

section 5 hereof or who adjudges any ~:n~I~y 0 person to pay any penalty imposed under

section 9 flhall report the same forthwith to the clerk of the municipality. 13. The clerk of the municipality shall enter in a book to "XJ~~~~ fired be kept for that purpose the names of all persons who have persons been so arljudged guilty of any offence within the meaning of scetien 4 or

section 5 hmeof and whose names have been rc- poi tf'd to him by the judge aforesaid. 14. Every witnl't'S f'hall be bound to attend before the judge Witnes. es upon being served with a subpoena directing his attcndame and upon paymPnt of the necessary witncs:o; fees and conduct money and in default thereof he may be punished for con- tempt. 15.

No person shall be excused from answering any question P:tvile e of 1 . h h . f . . th t f Witness s put to um upon t e earmg o any motiOn 111 e na ure o a quo warranto or in any proceeding touching or concerning any election or the voting upon any by-law or the conduct of any person in relation thereto on the ground of any privilege or on the ground that the answer to the question will tend to criminate him; but no answer to any such question shall be used in any proceeding under this Act against such person if the judge gives to him a certificate that he made full and true answers to the satisfaction of the judge.

4 lG. All proceedings under this Act other than an applieation Lim tat!on in the nature of a quo warranto against any person for any viola tinn of sedion 4 or

section .5 hereof shall be commenced ·within four wPeks after the election at which the offence is allegPd to haYe been <'ommitted or within four wePks after the Jay of the Yotin~ upon a by-law as aforesaid. 17.

No recuniary penalty or forfeiture imposed by thiH Exe pt!on Act shall be reem erable for any act of bribery or corrupt praetice at an dedion or at the voting upon a by-law in case it appears that tlw rersnn charged and another person or other persons were together guiltv of the act charged either a8 giver or receiver m· as ae< ornrlires or otherwic;e and that the person chargL•d has prc•1 iruslv bona fide proseeuted the other perRon or prrflonc; or nnv of tlwm for the said ad but this provi,;ion shall not apply in raPe the judge bdore whom the person claiming the bPnefit t bercof iH charged certifics that it dearly appears to him that the r(')'f'On SO charged took the first step towards the eommif'si<m of the offence charged and was in fact thP principal offem.kr. 'l'HIAL OF CON'l'J<;STim J•;LECTIONS. 18.

T n ca8e the validity of an election of a member of anv Trial of .J con t sted municiral council or his right to hold the seat is contested elect ons tlw samP may be tried by a judge; any candidate at the election or auy voter who gaYP or tenden'd his vok tiH'n•at or (in ease of an cleetic>n by acelamation or in <'rrFr the right to sit is eon- tPsted en tl'e grounds that a member of the council has become dis<n alified or bas forfc~itPd his sPat since his dection) any voter may be the rC'lator for thC' purpose. 19.

If witbin six weeks after an cleetion a relator shows Noti~ of by affidavit to a judge reasonable grounds for ::mpposing that mot n tre elcetion wal' not legal or was not conducted according to law or that the person d<>clared electPd thereat was not duly elected or for eontesting the validity of the elcetion of mw memb~r of the covncil or in case at any time a relator l'b~w" by affidavit to a judge reasonable grou~1cls for suppoc;ing tr at n nwmber of the council has forfeited his seat or ha.-; become diecualificd since his election and has not resigncd his seat th<' judflC may grant his fiat authorizing: the relator upon enter- in?; into a sufficient n~cognizance as hereinafter provided to servc a notice of motion in the nature of a quo warranto to deterrnine the matter. (:

Z) TIH' rcc<•gnizancc shall b<> Pntered into before the jmlge or before a conuni8sioner for oaths by the rclator in the sum of $200 ami b:v two surrtie:" to be allowed as f'Ufficient by the judg<> upon affidavit~ of justification C'ach in the sum of $100; and ,;ball be eonclitionPd to prosecute the motion with cffcct and to )'ay to the party againRt whom the motion is made (who is her<> in called "the respondent") any <:osts which may be adjudgcd to him against the relator. ( 3) When the sufficieney of the Raid sureties has been deter mined and the said recognizance has bccn allowed as sufficient by the judge he ::;hall note or endorse thereon and upon the fiat allowing service of the notice of motion the word" "reeog nizanee allowed" and shall initial the same. 20.

The notice of motion shall be at least seven clear days' Conte! ts of . d 't . h h t d f I : notice notiCe an 1 may mt er state t e re urn ay o t 1e motiOn or may state that the motion will be made on the eighth day after the day of service of the notice excluding the day of service.

(2) The relator in hiR notice of motion d1all Fet forth hiH Iwme in full, his cccupation, place of ref'idencc and the interest which he has in the rledion as a candidate or a voter and shall a!Ho state ~rc<'ifically under di~:tinet hPads all the ground;; of objPdicn to the Yalidit:v of the election eomplaine<l against and in fa your of the vali< lity of tlH' election of the relator or of any dlwr perf'on or JH'l'f'ons where the rdator claims that he or they or nny of them have been duly elected or the ground;; of forfeitme or dif'qualificaticn of the respondent or as the cr. c;p ma.y be. 21.

Ed ore ~erving hiR notief' of motion the relator Rhall A mu, vlts. file all the affidavits and material upon whieh he intends to etc. n'ly c:. < <']t whete n·m ooce eviclcnce iR to be taken; when in Ht• ch caH' he shall name in his notice the wi tJwRseH whom he p1 opcsPc; to P;>..amine. 22. The notic<' shall bf' :<ervPd in ::<uch manner as tlw judge Servi e shall direct. 23. ~<·n ires r f the noticeR of motion Ehall be mad<' within Time f 1 f J J f J ti l 1 h . d servl e two ·wee \S rem t 1c ate o t w at Ro grante< JY t e JU gc un\':os othnrwisP ordered by the judge. 24.

In eaH~ Uw n·lator allcg<'H that he hilllf'C'!f or some other Clain of Jlel'Sflll has \wen duly p]ccted the motion shall be to try the seat validity both nf the election rompiBinecl of and of tlw allPg<'d f'leeticn of the n·lator or oH:N r0rson or per:-:ons. 2'5. In <'a Fe anv of the "l'OUIH.ls of ob]' ection a]J[Jly C<JUa lly Com in-• >-- • • ation of to tv\'O or more perRons Plf'ctC'd the relator may proceed by mot! ns nne mc;tion af>ainst all such pNsc,ns. 2().

V1·0n the hParing of thP nwtion thc> rt<lator shall not !Jp Gro.u ds of Uec1s on allowed to object to thr elPetion of the respondent or to attack his right to sit or to ~mpport tlw eleetion of any pc>rf'on allPgrd to ha\·e been duly Pkc:tecl upon any f"l'OUill1 not sppc·itied in tlw notice of motion; but the j11dge in l j, di~crd.i0n n.ay enter tain any subRtantial ground of objectirn to or in support of tbe validity of the election of rither or any of the partiPs which may aprear in the rvidence bdore him. 27.

The judge may reouire the clerk of the municipality~;~~ ~~~on to produce bdore him f'ueh ballet papers, books, voters' and other list::: and such otler reeords of the election and papers in his hands <'<mnectcd therewith aH to the judge may from time to time ~cem fit. 28 .. The judg<' may if he thinks proper at anv stage of the Re.tu ning d. ] I l'' l ·. ffi ofhce , etc., procee mgs ma \C an on cr ac (Jlllg t. 1e returnmg o ccr or may e any deputy returning offieer or at:PiHtant deputy n'turning aude officer or any other person af' a party then'to. 29.

The J"uclgr may allow anv Jlerson entitled to bP a relator Inte ven-- • tion f to intervene and pro~eeute or defend and may grant a rea:::on- othe able time for that pmpose; and an intervrning party shall partes be liable or entitled to costs like any other party to the pro ceedings. 30. The judge shall in a Rummary manner without formal Hear'ng pleadings hear and determine the validity of the eketion or the right of the respondent to sit, and may inquire into the faets on affidavit or affirmation or by oral testimony.

In ea:::c thP dccticn complaineu of is adjudged invalid Judgm nt the judge shall by the judgment order the n~sponclcnt to be removed and his Peat shall 1"pso facto be vacated; and in case the .i udge ddennine that llllJ' other rerson \\"aS duly eleeted the judge f'hall forthwith onlcr such other J;erson to be ad- mitted to the office. 32. '\Vr ere an eJection has been hPld invalid owing to the Lmbill Y of · f J f · ff' d t t · returni g llllJW0J:Cr re u:-:a o any returnmg o 1ccr or epu y rc urnmg otllcer tc. officer or assistant deputy returning officer to receive ballot · ]WpNs tenoned by duly qualified voters or to give ballot ] 'H)<'J s to July qualified vokrs the judge may in his disnction onl er tllC' ecPts of the proceedings to unseat the person de l'lf•rcd elected or any rmrt thcn·pf or any other eost::; to be pic! by such rctuming officer, deputy returning officer or at'sidant rlepu ty returning officm·.

(2) NotLing herPin coutainccl :-hall affcet anv right of action against n retuming offie<'r, deputy rdurning officer or assistant dPput:y n'turning officpr or shall be cleemed to relieve such returning officer, dqmty returning officer or a!-'sistant Jeputy retumin~ officer fwm any other JA'Jmlty or punishnwnt to which ht• may be liable. 33 . .

A ft<~r th<• acljudication pron the caRe an orclPr shall Ff~r~ a d be drawn up in the usual mamwr whi<;h shall ::;tate concbely ~rdeecr 0 the gn'P!Hl nnd ef'fpd d tlw dPei:-·ipn which ordPr may be at :my timf' nm<'IHIPd lw tlw judg<' in regard to any matter of form rmd the order shall have the :-;ame force and effect as a writ of mandamus fomlPrly luvl in the like ease. a4.

The jwlgc c:hall immecliatdy aft<~r his clPcision return Return his Pnler with all thing:s had bdore him touching thP same to thP proper office of tlw comt in which the procPPdings arc entitdd tl1Pr<' to 1cnwin of reeorcl as a judgment of the court; ami as occa~ion requires thP juclgmcnt may be enforcecl in the !'amc manner as an ordinary order of mandamus and (for the eosts awanlecl) writs of Pweution. 35.

Any r('l f'Ol1 whoFC election is complained of unless sueh Di~clal er election is complainccl of on the grouncl of corrupt practices ~w~~on on t.he rart of such pen;on or any ]JNI-'On whose seat is attacked on tlw grotlllcl that he has become dic:qualifiecl or has forfeited his Peat rnav within one week after service on him of a notice of nwticn ~s nforcsr.id transmit postpaid through the post office dircct<•d to the elerk of tlw court and also to the relator or his solicitor, or he may eause to he delivered to the said <~krk and to the relator or hiR solicitor a diselaimPr signed by him in the form or to the cffpet following: I, A.B., upon whom notice of motion in the nature of a quo warranto has been l'ervcd for the purpose of contesting my right to the office of mayor (or reeve, overseer, alclerman or eouncillor, as the case may be) of (name of mnnidpaWy) do hereby disclaim the Raicl office and all defence of any right I may have to the same.

Dated this. .day of. . . . ., 19. (Signed) A.B. 36. The Jiselaimer or the Pnvelope containing the :-;ame ~~~~1".; shall be cndorsPd on the outsicle thereof with the word "dis claimer" and shall if sent through the post be rPgistcred at the post office where it is mailed.

7 37 .. \Vheu there has been a contl'stcd election the pcnmn Disci !mer eleckd may at any time after the election and bcforr his elretion ~e:·~1 ~ is eomplaineti of ddiver to the clerk of the municipality a tiisclaimer Rigned by him as follows: I, A.B., do hereby diRelaim all right to the office of mayor (or n·c·Yr, overseer, alderman or councillor, as the case may be) of (name of mum·c7:palily) and all dPfPnce of any right I may have to the same. Dakd thiH. . day of. . . . .. , 1!). (8igncd) A.B. 38.

A diRelaimcr filed under Redion 37 hereof Rhall relieve Effec or h . k' . f ll. j' I '1' d l l' disci !mer t c person ma -mg 1t rom a 1a )1 1ty to costs an w 1ere c IS- claimer has been matie in accordance with

section 35 or 37 hereof it :-;hall operate as a resignation and the vacancy so created shall be fillrd in the manner provided by the provi;;ion:-; of the law governing the municipality respecting the filling of vacancies in the council. 39. Every person diselaiming under

section 35 hereof ;.;hall ~~~:~1 -n delin•r a duplicate of his disclaimer. to the elerk of the muni cipality anti thP l'aiti elcrk shall foithwith communicate the Harne to the council. 40. The Lieuknant Governor in Council shall by proela- ;;,~~t e;'1~i mation published in The Alberta Gazette declare the• day on and after which this Aet shall become and be in force anti the ;.;aid Act shall on anti after such day so dcclarrd become and be in force.

No.4 THIRD SESSION SECOND LEGISLATURE 2 GEORGE V 1911 BILL

An Act respecting the Punishment of Corrupt Practices at Municipal Elect ions and the Trial of Controverted Municipal Elections. Received and read the First time ............... . Second time ................. . Third time ................. . BoN. C. R. MITCHELL EDMONTON: J.urEs E. RICHARDS, Government Printer A.D. 1911 Title: 1911 (2nd, 3rd) Bill 4,

An Act respecting the Punishment of Corrupt Practices at Municipal Elections and the Trial of Controverted Municipal Elections

Document details

Collection	Alberta — Bills
Citation	L2 S3 10709
Type	bill
Volume / chapter	L2 S3 10709
Language	en
Format	json
Source	PROVINCIAL
Identifier	4391917a2e14174e8cd55c1b0a951f438c02cd72

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