Bill 39 (Legislature 14, Session 1)

L14 S1 5929

Alberta — Bills

No. 39 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 39 A Bill to amend The Election Act RON. MR. COLBORNE Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty. Edmonton, Alberta. 1960

Explanatory Note 2. Appointment of enumerator to be made by the returning officer instead of by the returning officer conjointly with an election clerk. The enumerators will now be required to be resident electors. Clause (

c) of subsection (1) of

section 15 presen tly reads: "15.

(1) A list of electors of the several electoral divisions of Alberta for use in a general election shall be made and revised at the time and in the manner hereinafter provided: (

c) upon making such subdivision, (

i) in the case of an electoral division that is a city cons,utuency. the returning officer conjointly with the election clerk or one of the election clerks of the electoral division shall.

In the manner set out in the "Rules for the Appointment of Enumerators" in the Second Schedule, appoint under their hands in Form 7 two persons as enumerators for each subdivision, and (ii) in the case of all other electoral divisions the returning officer conjointly with the election clerk or one of the election clerks of the division shall appoint under their hands in Form 7 one competent and reliable person as enumerator for each polling sUbdivis·ion;". The reference to the "Rules for Appointment of Enumerators" is omitted as it is already covered by subsection (~) of

section 15 which presently reads: "

(2) In city constitutencies the rules set out under the heading of "Rules for the Appointment of Enumerators" in the Second

Schedule govern the appointment of enumerators.". 3. The returning officer does not have sufficient time to have the list of electors printed and available as required in this section. Subsection (1) of

section 21 presently reads: "21.

(1) In a city constituency, the returning officer shall furnish free of charge one copy of the list filed with him to every candidate for the electoral division or his agent within twenty-four hours after two o'clock in the afternoon of the day fixed for nomination.". 4. At present a poll olerk only has to be an elector. This amendment will require him also to be resident in the division for whicl1 he is appointed. All other election officials are required to be resident electors.

Section 51, subsection (8) is amended to make it applicable to city constituencies· only.

Section 51, subsection (8) presently reads: "

(8) The returning officer shall have prepared conspicuous signs advising tbe location of a polling place and shall distribute signs to each deputy returning officer who shall place the sign or signs at such places as will best direct attention to the polling place .... 6. One area may be used for several poUing places in which case the number of agents for anyone candidate, in respect of the combined polling place, may exceed the number specified in subsection (1). This amendment will clarify the numbers of agents permitted in such a case.

Section 6 1 7'(1) reads: "67.

(1) Tbe deputy returning officer, the poll clerk, the interpreters. if any, the constable in the event of it be.ing necessary to have one appointed, the returning officer and election clerk in the course of their duties, the candidates and their agents, and in the absence of agents, one elector representing each candidate by his own request. and no other person, shall be permitted to remain in the polling place during the time the poll remains open and at the counting of the votes.". 7.

In eleotoral divisions' other than city constituencies an elector whose name is not on the list may take the oath in Form 31 and vote. If such an elector refus·es to take the oath but later changes his mind he is not debarred from taking the oath and voting. Under

section 71, if an elector whose name is on the list refuses to take the same oath his name is struck off the list and he is debarred from voting even if he later changes his mind and offers to take the oath. This inequity is removed.

Section n presently reads:

BILL No. 39 of 1960

An Act to amend The Election Act (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Election Act, being

chapter 15 of the Statutes of Alberta, 1956, is hereby amended.

Section 15, subsection (1) is amended by striking out clause (

c) and by substituting the following: (

c) upon making such subdivision, the returning officer shall, (

i) in the case of an electoral division that is a city constituency, appoint under his hand· in Form 7, two resident electors of the electoral division as enumerators for each polling sub division, and (ii) in the case of all other electoral divisions, appoint under his hand in Form 7, one com petent and reliable resident elector of the electoral division as enumerator for each polling subdivision;

Section 21, subsection (1) is amended by striking out the words "within twenty-four hours" and by substituting the words "as soon as possible and not later than seventy two hours".

Section 46 is amended by adding the following new subsection immediately after subsection (1):

(2) No person shall be appointed a poll clerk who is not an elector in the electoral division wherein the polling place for which he is appointed is situated.

Section 51, subsection (8) is amended by striking out the words "The returning officer" and by substituting the words "In a city constituency the returning officer".

Section 67 is amended by striking out subsection (2) and by substituting the following:

(2) The number of agents permitt~d to remain in the polling place shall not at. any. one hm~ exceed one for each ballot box, and nothIng In subsech~n (1) sha.l1. be construed to prohibit an agent of a candIdate remaInIng in a room containing more than one polling place if no more agents of that candidate are in the room than there are ballot boxes in the room.

2 "71.

(1) If before being permitted to vote a person whose name is on the list of electors is required to take the oath in Form 31 and refuses to do so, his name shall be removed from the list by drawing lines through his name on the list of electors and in the poll book if his name has been entered in the poll book, and the words "refused to be sworn" written thereafter.

(2) No person whose name is so removed from the list of electors shall receive a ballot paper or be permitted to vote at the election.". 8. The requirement of a written statement from the hospital authority is being removed. The words repealed are: "84.

(1) If, from the written statement of the superintendent or other person having the charge of a hospital situate within an electoral division, it is made to appear to the returning officer of that division, at any time after nomination day and not later than the second day before polling day, that there are in the hospUal not less than ten patients who are then entitled to vote at the election then being held in the electoral division, the returning officer". 9. (a) ''Posting up" is too restrictive and literal

interpretation and "displaying" is substituted.

Section 118, subsection (3) reads: "

(3) A person (al), posting up within or on the outside of any building used for a polling place, or (

b) distributing within such building, any election circular, card, poster, bill or other paper on polling day is guilty of an offence and liable on conviction to a fine not exceeding twenty-five dollars.". (

b) Self-explanatory. 10. Form 7 is amended to conform to the changes made to

section 15. See dause 2. Form 7 presently reads: "FORM 7 (Section 15 (1) (c»

Commission of Enumerator To ........................... (F'tili' iI~:ri{~)' ••••••...•.•...•......••••••••• of ..................................................................•..•.. (Residence) (Occupation) We, the undersigned, hereby appoint you to be enumerator for Polling Subdivision No ......... in the electoral division of ........... . in the Province of Alberta, at the election to be held on the ........... . day of ............ , 19 .•.. , which duties you are required to perform in accordance with the provisions of The Election Act.

Given under our hands at the .................. of ..............•... in the Province of Alberta, this ................ day of ................ . 19 •••.• . ............................ . Returning Officer .............................. Election Clerk" II. The Second

Schedule is amended to conform with changes made to

section 15. See clause ,2. Rules 3 (2) 'and 4 presently read: Rule 3 ...•.........

(2) Where no substitute is nominated, or where the returning offi~er deems there is good cause for his refusing to appoint any person nominated as a substitute, the enumerator shall, subject to Rule 1, be appointed by the returning officer conjointly with the election clerk or one of the election clerks of the electoral division, without notice to any person. Rule 4.

If, at the then last preceding election in the electoral division, there was opposed to the organization tJ;l.at received the highest number of votes no organization representing a different and opposed political interest, or if either of the organizations mentioned in paragraph (1) of Rule 2 fails to nominate a suitable person for appointment as enumerator of any polling subdivision in the e'lectoral division, such appointment shall be made by the returning officer conjointly with the election clerk or one of the election clerks of the electoral division, subject to Rule 1, but without notice to any person.". 12.

The Rules relating to the maintenance of central registries for city constituencies were drafted when Edmonton and Calgary were each one constituency. By 1957,

chapter 2:1, Edmonton was divided into 9, and Ca}gary into 7 constituencies necessitating some re-wording of the Rules. Rules 11, 12, 13, 15, and 17 presently read:

Section 71 is struck out and the following is sub stituted: 71. If a person whose name is on the list of electors is, before being permitted to vote, required to take the oath in Form 31 and refuses to do so, the words "refused to be sworn" shall be written after his name on the list of electors and in the poll book, if his name has been entered in the poll book.

Section 84 is amended by striking out all the words preceding clause (

a) in subsection (1) and by substituting the following: 84.

(1) Where by any means it is made to appear to the returning officer, at any time after nomination day and not later than the second day before polling day, that there are in a hospital situate within his electoral division not less then ten patients who are then entitled to vote at the election then being held in that electoral division, the returning officer

Section 118 is amened (

a) as to subsection (3), clause (

a) by striking out the words "posting up" and by substituting the word "displaying", (

b) by adding immediately after subsection (3) the following:

(4) Where a person displays any circular, card, poster, bill or other paper contrary to subsection (3), the returning officer may cause the same to be removed and neither the returning officer nor any person acting under his instructions is liable for trespass or damages resulting from or oc casioned by the removal thereof. 10. Form 7 in the First

Schedule is amended (

a) by striking out the word "We" and by substituting the word "I", (

b) by striking out the words "our hands" and by sub stituting the words "my hand", (

c) by striking out the words "Election Clerk". 11. The Second

Schedule is amended (

a) as to Rule 3, paragraph (2) by striking out the words "conjointly with the election clerk or one of the election clerks of the electoral division,", (

b) as to Rule 4 by striking out the words "conjointly with the election clerk or one of the election clerks of the electoral division,". 12. The Third

Schedule is amended (

a) as to Rule 11 (

i) by striking out the words "in each" and by substituting the words "for each",

3 "Rule 11. Tbe Clerk of the Executive Council shall rnaintaina perm anent Registry of electors in each of the city constituencies .a.t such central and convenient places therein as he may determine with the approval of the Lieutenant Governor in Council. Rule 12. Any qualified elector of a city. constituency may register himself, during the regular office hours of the. public service of Alberta, by appearing at the place where the register is maintained for the city in which he resides and showing to the satisfaqtion of the.

Qfficial in charge of the registry thereat that he is qualified as an ele'ctor residing in such city. Rule 13. At least once in eacl.l calendar year the Clerk of the Execu tive Council shrull advertise the purpose and location of the Registry of Electors in each of the city constituencies, in The Alberta Gazette and in a newspaper circulating in the general area of such Registry of Electors, and by such other media as he deems de·sirable. Rule 15.

Wnen the' ~t ~f election is issued in the constituency wbere the registry is maintained, the Clerk of the Executive Council shall caUl;le a list of the names registered thereon to be transmitted to the Returning Officer for each of the city constituencies respectively. Rule 17.

If any such name does not sO.appear, the returning officer shall cause a check to be made in the electoral subdivi.sion in which the elector is sQown by the Register to reside and if the elector· has moved to another subdivision within the. city shall includ.e, Msname in the Hst. of electors therefor, but if. the . elector cann,ot be :loca.ted. the returning officer shall not include 'the elector's 'name 'in any list prepared by the enumerators.".

3 (ii) by striking out the words "places therein" and by substituting the words "place in each city", (

b) as to Rule 12 (

i) by striking out the words "the city" and by substituting the words "the constituency", (ii) by striking out the words "such city" and by substituting the words "that constituency", (

c) as to Rule 13 by striking out the words "in each" and by substituting the words "for each", (

d) by striking out Rule 15 and by sUbstituting the following: Rule 15. When a writ of election is issued and addressed to the returning officer of a city con stituency, the Clerk of the Executive Council shall cause to be transmitted to the returning officer a list of the electors registered in the Register for that constituency. (

e) as to Rule 17 by striking out the words "has moved to another subdivision within the city" and by sub stituting the words "still resides in the subdivision or has moved to another subdivision within the constituency" . 13. This Act comes into force on the day upon which it is assented to.

No. 39 FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to amend The Election Act Received and read the First time. Second time ....................................... . Third time ......................................... . RON. MR. COLBORNE Title: 1960 (14th, 1st) Bill 39,

An Act to amend The Election Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5929
Type	bill
Volume / chapter	L14 S1 5929
Language	en
Format	json
Source	PROVINCIAL
Identifier	65351581551f7d40579bf10c1beeed43b270bd84

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