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SNL1992

CHAPTER E-3.1

ELECTIONS ACT, 1991

Amended:

1992 c.52 s.7(2); 1993 c53 s9; 1993 c56; 1995 c21; 1998 c6 s9;

1998 c13; 2001 cN-3.1 s2; 2004 c44 s3; 2004 c47 s13;

2007 cH-10.1 s70; 2007 c22; 2011 cC-37.00001 s50; 2013 c13 s3; 2013 c16 s25; 2014 c22; 2014 cC-10.1 s60; 2016 c6 s6; 2017 c17; 2019 cP-44.01 s35

CHAPTER E-3.1

AN ACT RESPECTING ELECTIONS,

CONTROVERTED ELECTIONS AND

ELECTION FINANCING

(Assented to June 11, 1992)

Analysis

Short title

Interpretation

PART I

ELECTIONS

Appointment of

Chief

Electoral Officer

Duties of Chief

Electoral

Officer

5.1

Status of Chief

Electoral

Officer

5.2

Term of office

5.3

Removal or suspension

5.4

Suspension when House of Assembly not sitting

5.5

Acting Chief Electoral Officer

Salary, pension and

benefits

Staff

Oath of officer

Budget

Adaption of

Part I

Returning officers appointed

Vacating office

Publication of returning officers

Replacement appointed

Election clerk appointed

Duty to notify CEO

Acting returning officer

Additional election clerk

Office and attendance

Acting as DRO prohibited

Ineligible election officers

Other ineligible persons

Qualified electors

At electoral districts

Inclusion in list of electors

Ordinarily resident

Rep. by 1995 c21 s5

Polling divisions

Urban and rural divisions

Appointment of enumerators

List of enumerators

Removal, etc. of enumerators

Enumerator's badge

Enumerator's duty

House-to-house visits

Conduct of enumeration

Rep. by 1995 c21 s10

Time for making list

Procedure for enumeration

Inclusion of names in list

Retention of list of electors

Retention of copies

Elector not enumerated

Revision

Notice of revision

Conducting revision

Matters for revision

Extending time

Appeal from revision

Lists altered on appeal

Duties on close of court

Revised list to go to RO

Rep. by 1995 c21 s14

Permanent list of electors

54.1

Rep. by 1995 c21 s16

Use of lists

Updating list

56.1

Agreement with CEO Canada

56.2

Agreements with municipalities and school boards

Calling an election

Polling day

Nomination day

General election day

Issue of election writ

Withdrawal of writ

Election supplies

Appointment of DRO

Appointment of poll clerks

Poll clerk as DRO

Qualifications of candidates

Nominating candidate

Proof required

Conditions to be met

Party's endorsement

Political affiliation

Disposal of deposit

Closing nominations

Return of nominations

Withdrawal of candidate

Death of candidate

Election by acclamation

Granting a poll

Notice of poll

Polling stations

Central polling places

Extra polling stations

Change in polling stations

Division of list of electors

Vote by special ballot

86.1

Special Ballot Administrator appointed

86.2

Additional information

86.3

Approval of application

86.4

Casting of vote

86.5

Appointment of representative

86.6

Counting of ballots

86.7

Transmittal of results

86.8

Names of electors

86.9

Administrative procedures

86.10

Special ballots

Adjourned or deferred poll

Procuring ballot boxes

Construction of ballot box

Ownership

Ballots and contents

Printing ballots

Ballots to returning officer

Supplies to DRO

Posting up directions

Sealing of ballots

Who may enter polling station

Presumption of agency

Voting by election officers

Scrutineers

entitlement

Right of candidate

Validity preserved

Beginning of voting

Entrance of electors

Right at polling station

Rep. by 1995 c21 s25

Rep. by 1995 c21 s25

Rep. by 1995 c21 s25

Elector refusing to be sworn

List of electors changed at poll

Where candidates vote

Secrecy of poll

Ballot to elector

Instructing how to vote

Manner of voting

Cancelled ballot

Second elector of same name

Elector needing aid

No delay in voting

Electors present at close of poll

Voting in hospitals, etc.

Entries by poll clerk

Irregularities

Order for advance poll

Time for advance poll

Notice of polling station

Duties of RO re: advance poll

Who may vote

Rep. by 2007 c22 s10

Requirements of elector

Record to be kept

Security of advance poll

List of those who voted

Counting advance poll

Pre-empting services

Application of

Part

General power to increase staff

How votes to be counted

Rejection of ballots

Counterfoils found attached

Ballots found not initialled

Objections, how dealt with

Procedure after vote counting

Oaths of officers

Statement of the poll

Documents to be in box

Preliminary statement

Communicating count

No publishing results

Ballot boxes, return of

Penalty for default

Safe-keeping

of ballot boxes

Counting by returning officer

Procedure if statement missing

Re-sealing ballot boxes

Declaration of candidate

Recount where votes equal

Adjournment of official count

Missing ballot box

Result following missing votes

Procedure on 2nd poll

Custody of ballot boxes

Documents sent to CEO

Published returns

Application for recount

Notice of recount

To withhold return

Presence of clerk

Officials to be present

Persons present at recount

Procedure by judge

Continuous recounting

Rules at recount

Sealing up ballots

Review of decision

How result given

Costs of recount

Rep. by 1995 c21 s38

Secrecy preserved

Rep. by 1995 c21 s38

Competent witnesses

Limitation of actions

Care of election documents

Production of election documents

Destruction of election documents

Judicial order

Inspection of instructions

Returning officer shall keep order

Propaganda activities

Wearing party badges, etc.

Offence: inducing to vote

Intimidation

Personation and multiple voting

Illegal voting

Attack on secrecy

Offences against ballots

False statements

Printed documents

Rep. by 1995 c21 s43

Offences by election officers

Other offences by officers

Obstructing enumerator

Wrongful application

False statement re candidate

Inducing person to vote

Removing notices

Hindering employee's vote

Penalty

For other offences

Employees time to vote

Respecting oaths

Respecting fees

Certification of accounts

Compiling statistics

Notices generally

Time falling on holiday

Plebiscite

Plebiscite on Constitution

Federal Acts may apply

Cancellation of plebiscite

Regulations

Conveyance of elector

Regulations

Offence under regulation

Validity of consolidation of Act

Abbreviations

226.1

Campaign advertising

226.2

Rates for advertising

PART II

CONTROVERTED ELECTIONS

Definitions

Description of election application

When application can be made

Application re no return

Returning officer as respondent

Application re candidates

Contents of application

Sufficiency of particulars

Application time limit

Amending application

Complaint of no return

Counter application

Making application

Security for costs

Notice of application

Preliminary objection

When application in issue

List of objections

Trial of application

Notice of trial

Adjournment of trial

Consolidation of applications

Corrupt and illegal practice

Special case

Not void election

Non-liability

Certificate of the judge

Judge's report to speaker

Invalidation of election

Duty of speaker

Speaker to inform House of Assembly

Withdrawal of application

Consent for withdrawal

Costs

Proceedings may be stopped

Effect of abatement

Substituted application

Taxation of costs

Powers of judge

Appeal to Court of Appeal

Rules

Federal practices

PART III

ELECTION FINANCES

Interpretation

Exceptions

Existing trust funds

Staff

Duties of CEO

Powers to inspect

Information

Audit

Inspection of information

Registration of parties

Registration presumed

Deregistration

Consequential deregistration

Contributions

Anonymous contributions

Money not a contribution

Contributor to use own funds

Funds from other parties

Value of goods and services

Advertising as contribution

Fund-raising

Receipts

Improper contributions

Group contributions

Report contributions

Solicitation of contributions

Transfers of funds

Union group contributions

Who accepts for candidate

Chief financial officer

Recording of contributions

Borrowing

Guarantees

Appointment of auditor

Annual filing of audit

Filing financial statement

Election expenses

Authorization of expenses

Candidates' expenses

Invoice needed

Claim time limit

Election expense limits

Expenses adjustment formula

Reimbursement of expenses

Treatment of surplus

Withdrawal of person's candidacy

Forms

Offence: exceeding expense limit

Offence: false statement

Offence: false receipt

Offence: destruction of records

Non-compliance with time limit

Corporation or union

General offence

Obstructing investigation

False statement

False information

Style of prosecution

Vicarious responsibility

Rep. by 1998 c13 s6

Rep. by 1998 c13 s6

Rep. by 1998 c13 s6

Rep. by 1998 c13 s6

PART IV

ADVISORY COMMITTEE

Advisory committee

Party representatives

Chairperson

Members' expenses

Meetings of committee

Duties of committee

PART V

REPEAL AND

CONSEQUENTIAL

RSN 1990 c.E-3 Rep.

Consequential amendments

Future amendments

Rep. by 1998 c13 s7

Transitional provision

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Elections Act, 1991 .

1992 cE-3.1 s1

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Interpretation

(1)In this Act

(a)

"candidate", in relation to an election, means a person who is nominated as a candidate at an election;

(b)

"Chief Electoral Officer" means the Chief Electoral Officer appointed under

Part I;

(c)

"election" means an election for which a writ of election has been issued under

Part I whether by way of a general election or a by-election;

(d)

"elector" means a natural person who is qualified to vote at an election;

(e)

"electoral district" means a place, territory or area entitled to return a member to serve in the House of Assembly;

(f)

"judge" means a judge of the Trial Division;

(g)

"list of electors" means the list of electors as prepared, revised, compiled and recorded under

Part I and corrections to it and includes a list of electors for a polling division, electoral district or for the province and a list of electors authorized as a list of electors for an election under

Part I; and

(h)

"scrutineer", in relation to a candidate, means a person authorized in writing by the candidate to represent him or her at an election or at a proceeding relating to an election.

(2) A reference in this Act to a period described as "during an election", "throughout an election" or "at an election" means the period from the issue of a writ of election to the day that the candidate at the election is returned as elected.

(3) When an expression of time occurs in this Act, that expression is to be understood as the time on the island part of the province, notwithstanding that in the part of the province called Labrador

the time would be 30 minutes different.

1992 cE-3.1 s2

PART I

ELECTIONS

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Definitions

In this Part

(a)

"ballot box" includes a container in which ballots may be placed after they have been counted and in which their security and integrity can be maintained as if they were in a ballot box;

(b)

"election documents", and "election papers" refer to those documents or papers that are directed by this Part to be transmitted to the Chief Electoral Officer by the returning officer after an election;

(c)

"election officer" means the Chief Electoral Officer, a returning officer, election clerk, deputy returning officer, poll clerk or other person having a duty to perform in the conduct of an election and includes other employees of the office of the Chief Electoral Officer;

(d)

"enumerator" means a person appointed under this Part to revise and prepare a list of electors in a polling division;

(e)

"former Act" means The Election Act,

Chapter 106 of The Revised Statutes of Newfoundland, 1970;

(f)

"nomination day" in relation to an election, means the day fixed in respect of that election for the official closing of nominations of candidates;

(g)

"oath" includes affirmation and statutory declaration;

(h)

[Rep. by 1995 c21 s1]

(i)

"returning officer" means, in relation to an electoral district, the returning officer appointed for that district; and

(j)

"speaker" means the Speaker of the House of Assembly or, when the office of speaker is vacant or the speaker is absent from the province or is unable to act, the Deputy Speaker of the House of Assembly or, when the office of the deputy speaker is vacant or the deputy speaker is absent from the province or is unable to act the Clerk of the House of Assembly or another officer of the House of Assembly temporarily performing the duties of the clerk.

1992 cE-3.1 s3 ; 1995 c21 s1

DIVISION A

ELECTION ORGANIZATION

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Appointment of Chief Electoral Officer

(1)The Office of the Chief Electoral Officer is established.

(2) On resolution of the House of Assembly, the Lieutenant-Governor in Council shall appoint a Chief Electoral Officer.

2016 c6 s6

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Duties of Chief Electoral Officer

(1)It is the duty of the Chief Electoral Officer

(

a) to exercise general direction and supervision over the administrative conduct of elections and to enforce on the part of election officers

fairness, impartiality and compliance with this Act;

(

b) to issue to election officers those instructions that he or she considers necessary to ensure effective execution of this Act; and

(

c) to perform all other duties that are imposed on him or her by or under this Act.

(2) The Chief Electoral Officer shall report on his or her activities to the House of Assembly through the Speaker.

2016 c6 s6

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Status of Chief Electoral Officer

5.1

(1) The Chief Electoral Officer is an officer of the House of Assembly and is not eligible to be nominated for election, to be elected or to sit as a member of the House of Assembly.

(2) The Chief Electoral Officer may hold the office of Commissioner for Legislative Standards but shall not hold another public office or carry on a trade, business or profession.

2016 c6 s6

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Term of Office

5.2

(1) Unless he or she sooner resigns, dies or is removed from office, the Chief Electoral Officer shall hold office for 6 years from the date of his or her appointment, and he or she may be reappointed for a second term of 6 years, but shall not hold office for more than 2 terms.

(2) The Chief Electoral Officer may resign his or her office in writing addressed to the Speaker.

2016 c6 s6

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Removal or suspension

5.3

T he Lieutenant-Governor in Council, on resolution of the House of Assembly passed by a majority vote of the members of the House of Assembly actually voting

, may suspend or remove the Chief Electoral Officer from office because of an incapacity to act

or for misconduct, cause or neglect of duty .

2016 c6 s6

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Suspension when House of Assembly not sitting

5.4

When the House of Assembly is not sitting, the Lieutenant-Governor in Council may suspend the Chief Electoral Officer because of an incapacity to act

or for misconduct, cause or neglect of duty but the suspension shall not continue in force beyond the end of the next sitting of the House of Assembly.

2016 c6 s6

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Acting Chief Electoral Officer

5.5

(1)The Lieutenant-Governor in Council may, on the recommendation of the House of Assembly Management Commission, appoint an acting Chief Electoral Officer

(

a) the Chief Electoral Officer

is temporarily unable to perform his or her duties;

(

b) the office of the Chief Electoral Officer

becomes vacant

or the Chief Electoral Officer is suspended when the House of Assembly is not sitting; or

(

c) the office of the Chief Electoral Officer

becomes vacant

or the Chief Electoral Officer is suspended when the House of Assembly is sitting, but the House of Assembly does not pass a resolution to appoint a Chief Electoral Officer before the end of that sitting.

(2) Where the office of the Chief Electoral Officer

becomes vacant and an acting Chief Electoral Officer

is appointed under paragraph (1)(

b) or (c), the term of the acting Chief Electoral Officer

shall not extend beyond the end of the next sitting of the House of Assembly.

(3) An acting Chief Electoral Officer

holds office until

(

a) the Chief Electoral Officer

returns to his or her duties after a temporary inability to perform;

(

b) the suspension of the Chief Electoral Officer

ends or is dealt with in the House of Assembly; or

(

c) a person is appointed as Chief Electoral Officer

under

section 4.

2016 c6 s6

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Salary, pension and benefits

(1) The Chief Electoral Officer shall be paid a salary fixed by the Lieutenant-Governor in Council after consultation with the

House of Assembly Management Commission .

(2) The salary of the Chief Electoral Officer shall not be reduced except on resolution of the House of Assembly.

(3) The Chief Electoral Officer

is subject to the Public Service Pensions Act, 2019

where he or she was subject to that Act before his or her appointment as Chief Electoral Officer.

(4) Where the Chief Electoral Officer was not subject to the Public Service Pensions Act, 2019

before his or her appointment as Chief Electoral Officer, he or she shall be paid, for contribution to a registered retirement savings plan, an amount equivalent to the amount which he or she would have contributed to the Public Service Pension Plan were the circumstances in subsection (3) applicable.

(5) The Chief Electoral Officer

is eligible to receive the same benefits as a deputy minister, with the exception of

a pension where subsection (4) applies.

2016 c6 s6 ; 2019 cP-44.01 s35

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Staff

(1)There may be employed in the manner authorized by law those officers, clerks and employees that the Chief Electoral Officer considers necessary, and the House of Assembly Management Commission continued under

section 18 of the House of Assembly Accountability, Integrity and Administration Act

approves, to enable the Chief Electoral Officer to perform his or her duties under this Act.

(2) Persons employed under subsection (1) are members of the public service of the province.

(3) Persons employed under subsection (1) are employees for the purpose of the Public Services Pensions Act, 2019 .

(4) In carrying out his or her duties under this Act the Chief Electoral Officer may delegate to members of his or her staff those powers and duties of the Chief Electoral Officer that are necessary for the efficient administration of this Act.

1992 cE-3.1 s7 ; 2007 cH-10.1 s70 ; 2019 cP-44.01 s35

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Oath of officer

The Chief Electoral Officer and a person appointed to act as Chief Electoral Officer shall, before entering upon his or her duties, take the oath of allegiance and the official oath in the form and in the manner prescribed by the Oaths of Office Act.

1992 cE-3.1 s8 ; 2013 c13 s3

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Budget

(1)The Chief Electoral Officer, through the speaker, shall submit annually to the House of Assembly Management Commission continued under

section 18 of the House of Assembly Accountability, Integrity and Administration Act

for its approval, estimates of the sums that will be required to be provided by the Legislature for the payment of the salaries, allowances and expenses of the office of the Chief Electoral Officer under this Act during the next fiscal year.

(2) The commission shall review and may alter the estimates submitted under subsection (1) and, upon completion of the review, the Speaker of the House of Assembly shall submit the estimates as approved by the commission to the House of Assembly for the purpose of inclusion in the estimates of the province for approval by the Legislature.

1992 cE-3.1 s9 ; 2007 cH-10.1 s70

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Adaption of

Part I

(1)Where during the course of an election it appears to the Chief Electoral Officer that, by reason of a mistake, miscalculation, emergency or unusual or unforeseen circumstance, a provision of this Part does not accord with the exigencies of the situation, the Chief Electoral Officer may, by particular or general instructions, extend the time for doing

an act, increase the number of election officers or polling stations or otherwise adapt a provision of this Part to the execution of its intent, to the extent that he or she considers necessary.

(2) Notwithstanding subsection (1), the Chief Electoral Officer may not

(

a) permit a nomination paper to be received by a returning officer on nomination day after the time provided for it to be received under this

Part in respect of that day; or

(

b) permit a vote to be cast before or after the hours fixed in this Part for the opening and closing of the poll on an ordinary polling day or on the days on which an advance poll is held.

(3) The Chief Electoral Officer shall, within 30 days of polling day, report to the speaker instructions issued under subsection (1).

(4) The speaker shall lay before the House of Assembly a report made under subsection (3) within 5 days after receiving it or if the House of Assembly is not then sitting within 5 days after the House of Assembly resumes sitting.

1992 cE-3.1 s10

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Returning officers appointed

(1)The Chief Electoral Officer shall appoint a returning officer for each electoral district in the province.

(2) The Chief Electoral Officer shall assign the duties of each returning officer and shall fix their remuneration on a scale approved by the House of Assembly Management Commission continued under

section 18 of the House of Assembly Accountability, Integrity and Administration Act .

(3) A returning officer is responsible to the Chief Electoral Officer for his or her actions.

(4) Each returning officer shall, before taking up office, swear an oath in the prescribed form.

(5) The oath of a returning officer shall be transmitted to the Chief Electoral Officer immediately after its completion.

1992 cE-3.1 s11 ; 2007 cH-10.1 s70

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Vacating office

(1)The office of a returning officer is not vacated unless he or she dies or unless, with the prior permission of the Chief Electoral Officer, he or she resigns, or unless he or she is removed from office under subsection (2).

(2) The Chief Electoral Officer shall remove from office a returning officer who

(

a) ceases to be ordinarily resident in the electoral district for which he or she is appointed;

(

b) is incapable, by reason of illness, physical or mental infirmity or otherwise, of satisfactorily performing his or her duties under this Part;

(

c) has failed to discharge competently his or her duties under this Part; or

(

d) has, after his or her appointment, conducted himself or herself in a politically partisan manner, whether or not

in the course of the performance of his or her duties under this Part.

1992 cE-3.1 s12

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Publication of returning officers

The Chief Electoral Officer shall, as he or she considers appropriate, publish or announce in a newspaper, magazine or other print, visual, audio or electronic media accessible in an electoral district or on a website established for the purpose, a list of the names and addresses of the returning officers for that electoral district.

2007 c22 s1

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Replacement appointed

Where the office of a returning officer becomes vacant, the appointment of a returning officer for that electoral district under

section 11 shall be made within 60 days from the date on which the Chief Electoral Officer has been informed of the vacancy.

1992 cE-3.1 s14

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Election clerk appointed

(1)The returning officer shall, subject to the approval of the Chief Electoral Officer, appoint in writing an election clerk for each electoral district, who shall be a person qualified as an elector and ordinarily resident in the electoral district.

(2) An election clerk appointed under subsection (1) shall, before taking up office, swear an oath in the prescribed form.

(3) Where an election clerk dies, becomes disqualified or incapable of acting or refuses to act, or is removed from office for another reason, the returning officer, subject to the approval of the Chief Electoral Officer, shall at once appoint a substitute, who, before taking up his or her appointment, shall swear an oath as required by subsection (2).

1992 cE-3.1 s15

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Duty to notify CEO

(1)The returning officer or the election clerk shall immediately notify the Chief Electoral Officer where the returning officer becomes unable to act by reason of illness, absence from the electoral district or otherwise.

(2) The election clerk shall notify the Chief Electoral Officer of the death of the returning officer.

1992 cE-3.1 s16

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Acting returning officer

(1)Where a returning officer refuses or is unable to act or is disqualified from acting or is removed, the election clerk appointed for his or her electoral district is, until the appointment of a new returning officer, or until the returning officer again becomes able to act, responsible for the administration of a pending election and has the powers and responsibilities of a returning officer for the electoral district.

(2) A writ of election may, where the returning officer has died or become unable to act before the issue of the writ and before his or her successor has been appointed, be addressed to the election clerk.

(3) When an election clerk is required to act as returning officer at an election in the place of the returning officer

he or she shall appoint an election clerk.

1992 cE-3.1 s17

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Additional election clerk

(1)On request by the returning officer of an electoral district, the Chief Electoral Officer may designate areas in that electoral district and may appoint an election clerk, in addition to the election clerk appointed under subsection 15(1), for each of these areas.

(2) The Chief Electoral Officer may,

(

a) as authorized under subsection (1), appoint an election clerk and establish an office in each area so designated; and

(

b) delegate, in writing, to each election clerk so appointed, in respect of the area for which he or she is appointed, the powers of a returning officer with regard to

the selection and appointment of enumerators and deputy returning officers and the selection of polling stations.

(3) Sections 16 and 17 and subsection 19(2) do not apply to an election clerk appointed under this section.

1992 cE-3.1 s18 ; 1995 c21 s2

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Office and attendance

(1)Every returning officer shall,

(

a) immediately upon the receipt of notice that a writ has been issued for an election in his or her electoral district, open an office in some convenient place in the electoral district from which he or she can be available to the electors;

(

b) maintain an office throughout the election; and

(

c) give public notice of the location of the office in the prescribed form, or in the manner that the Chief Electoral Officer may direct.

(2) Either the returning officer or the election clerk shall be on duty in the office of the returning officer during the hours that the polls are open.

(3) An office established or opened under subsection 18(2) or subsection (1) of this

section may be maintained only throughout an election.

1992 cE-3.1 s19

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Acting as DRO prohibited

A returning officer or election clerk may not act as deputy returning officer or poll clerk at a polling station.

1992 cE-3.1 s20

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Ineligible election officers

(1)None of the following persons may be election officers under this Part, namely:

(

a) members of the Executive Council;

(

b) members of the Parliament of Canada or the House of Assembly;

(

c) judges of the Supreme Court of Newfoundland and Labrador, and judges of the Provincial Court of Newfoundland and Labrador;

(

d) persons who have been members of the Parliament of Canada or the House of Assembly in the session immediately preceding the election, or in the then present session of Parliament or of the House of Assembly, if the election takes place during that session;

(

e) persons who have been found guilty by a competent tribunal of corrupt or illegal election practices or of an offence under this Act or the former Act;

(

f) persons who are intending to be candidates; and

(

g) persons made ineligible for appointment under

section 22.

(2) A person is not eligible to be appointed returning officer unless he or she is qualified as an elector in the electoral district where he or she is to act.

(3) Except with the approval of the Chief Electoral Officer, a person may not be appointed deputy returning officer, election clerk or poll clerk, if he or she is not qualified as an elector in the electoral district where he or she is to act.

(4) A person who, within 60 days before polling day

(

a) was in the service of a candidate; or

(

b) is employed by a candidate or his or her scrutineer or another person on behalf of or in the interest of a candidate in or about an election,

may not be appointed a deputy returning officer, special ballot officer, special ballot administrator or poll clerk at the election.

1992 cE-3.1 s21 ; 1995 c21 s3 ; 2001 cN-3.1 s2

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Other ineligible persons

1992 cE-3.1 s22

DIVISION B

PREPARATION OF THE LIST OF ELECTORS

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Qualified electors

Every Canadian citizen 18 years of age or more on polling day is qualified to vote at an election if he or she is ordinarily resident in the province immediately preceding polling day.

1992 cE-3.1 s23 ; 1995 c21 s4

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At electoral districts

In order to

vote at an election in a polling division in an electoral district a person shall be ordinarily resident in that electoral district on polling day in addition to being otherwise qualified to vote at that election.

1992 cE-3.1 s24

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Inclusion in list of electors

A person may have his or her name placed on the district list of electors for a polling division in an electoral district where he or she is qualified to vote in that polling division of the electoral district.

1992 cE-3.1 s25

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Ordinarily resident

For the purpose of

this Part, the place where a person is ordinarily resident is determined in accordance with the following rules of residency:

Rules of Residency

The place where a person is ordinarily resident is that place in which he or she has his or her principal or only residence, home, lodging or habitation.

II.

(1) A person may not have more than 1 place at a time in which he or she is ordinarily resident.

(2) A person who remains in the province retains his or her ordinary residence in the province as determined under Rule I until he or she has acquired another.

III.

Notwithstanding Rule IV, a person who goes to a place either within or outside the province

(

a) for a vacation or holiday;

(

b) for a temporary purpose only; or

(

c) to obtain medical or hospital care,

retains his or her ordinary residence in the province as determined under Rule I.

IV.

A person who goes to a place outside the province for a continuous period of more than 6 months ceases to be ordinarily resident in the province, notwithstanding that he or she may intend to return at some future time.

Notwithstanding Rule IV, in the absence of evidence to the contrary, a person who has left his or her place of residence in the province to pursue a course of study at an educational institution either outside or within the province is considered to be ordinarily resident in the place where he or she was residing immediately before leaving to pursue the course of study, and he or she is considered to continue to have that ordinary residence until he or she completes or abandons the course of study.

VI.

In the absence of evidence to the contrary, a person who has left his or her place of residence outside the province to pursue a course of study at an educational institution in the province is not ordinarily resident in the province.

VII.

A prisoner held in custody in a correctional facility in the province or penitentiary is considered to be

ordinarily resident in the place where he or she was ordinarily resident immediately before his or her incarceration.

VIII.

Notwithstanding Rule II(1), a member of the Senate or the House of Commons of Canada who at the time of becoming a member was ordinarily resident in the province, his or her spouse unless he or she is living apart from the member and the member's unmarried dependant children are considered to be ordinarily resident in the place in which the member was ordinarily resident at the time of becoming a member, notwithstanding that the member may have established a residence outside the province.

1992 cE-3.1 s26, 2011 cC-37.00001 s50

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Rep. by 1995 c21 s5

[Rep. by 1995 c21 s5]

1995 c21 s5

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Polling divisions

(1)Before a district list of electors is prepared or revised within an electoral district, the returning officer for that district shall, under the direction of the Chief Electoral Officer, divide the electoral district into parts, to be known as polling divisions, giving proper regard to the geographical and all other factors that might affect the convenience of the electors in casting their votes.

(2) A polling division shall wherever practicable contain no more than 275 electors.

(3) All the polling divisions within an electoral district shall be numbered consecutively commencing with "1".

1992 cE-3.1 s28 ; 1995 c21 s6

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Urban and rural divisions

(1)The Chief Electoral Officer may designate as urban polling divisions the polling divisions situated in a city or town or group of contiguous communities having a population of more than 5,000.

(2) All polling divisions not designated urban polling divisions are rural polling divisions.

1992 cE-3.1 s29

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Appointment of enumerators

(1)Each returning officer shall, under the direction of the Chief Electoral Officer, appoint enumerators to ascertain or verify the names of all qualified electors

resident in the polling divisions located in his or her electoral district.

(2) When appointing an enumerator

a returning officer shall make the appointment in accordance with the prescribed form.

(3) Each person appointed an enumerator shall take an oath in the prescribed form before proceeding to revise the list of electors for a polling division.

(4) A person may be appointed an enumerator for the number of polling divisions that the returning officer considers advisable but in no case may more than 3 polling divisions be assigned to 1 enumerator.

1992 cE-3.1 s30 ; 1995 c21 s7

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List of enumerators

(1)Each returning officer shall make out and keep a list containing the name and address of each enumerator appointed by him or her and a description of each polling division for which the enumerator was appointed.

(2) When a returning officer has completed the list referred to in subsection (1), he or she shall send a certified copy of the list to the Chief Electoral Officer.

1992 cE-3.1 s31

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Removal, etc. of enumerators

(1)A returning officer may remove, suspend, reappoint, or reinstate an enumerator for a polling division or appoint another to act in his or her place.

(2) An enumerator replaced under subsection (1) shall, on request in writing signed by the returning officer, deliver to the new enumerator the badge, list of electors, and other papers or information that he or she has obtained or prepared in the performance of his or her duties.

1992 cE-3.1 s32

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Enumerator's badge

Where conducting an enumeration an enumerator shall wear in a place to be easily seen the enumerator's badge provided by the Chief Electoral Officer and carry on his or her person their written appointment as evidence of the enumerator's authority to register the names of the electors residing in the polling division.

1992 cE-3.1 s33 ; 1995 c21 s8

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Enumerator's duty

An enumerator shall to the best of his or her knowledge and belief, enumerate all the qualified electors

resident in each polling division for which the enumerator has been appointed.

1992 cE-3.1 s34 ; 1995 c21 s8

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House-to-house visits

(1)The enumerators shall ascertain or verify the names and other prescribed information of the electors referred to in

section 34 by making house-to-house visits or by reference to other sources of information available to them or by other means directed by the Chief Electoral Officer.

(2) An enumerator shall provide each elector enumerated with a copy of the information obtained from the elector.

1992 cE-3.1 s35 ; 1995 c21 s9

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Conduct of enumeration

In compiling a list of electors for a polling division, the Chief Electoral Officer may adopt one manner of compiling a list for urban polling divisions and another for rural polling divisions.

1992 cE-3.1 s36 ; 1995 c21 s10

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Rep. by 1995 c21 s10

[Rep. by 1995 c21 s10]

1995 c21 s10

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Time for making list

Every list of electors for a polling division is to be revised within the period that the returning officer may determine, but the returning officer may extend the period for a polling division.

1992 cE-3.1 s38

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Procedure for enumeration

(1)In conducting an enumeration an enumerator shall use the enumeration form, which shall be prepared in quadruplicate, supplied for that purpose by the Chief Electoral Officer.

(2) An enumerator shall give 1 copy of the enumeration form to the elector and 3 copies to the returning officer who shall send the original and 1 copy to the Chief Electoral Officer.

(3) From the enumeration forms returned by the returning officer the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division.

(4) The Chief Electoral Officer shall ensure the accuracy of the preliminary list of electors by comparing the information contained on it with the information contained on the original of the enumeration forms from which it was compiled.

(5) Where there is a discrepancy between the information on a preliminary list of electors and the actual particulars of an elector the Chief Electoral Officer may make those corrections to the list that are necessary.

(6) The Chief Electoral Officer shall supply the appropriate returning officer with 3 copies of the preliminary list of electors for the enumerated polling divisions in his or her electoral district.

1992 cE-3.1 s39 ; 1995 c21 s11

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Inclusion of names in list

(1)Where an enumeration of the electors in an electoral district has been completed, the returning officer shall, by advertisement directed to the electors in that district, call on each elector who was not enumerated to apply, not later than the date contained in the advertisement, in writing or in person to be included in the list.

(2) An enumerator who, between the date that he or she completes an enumeration of the electors in a polling division and the final revision for that polling division, receives from a person an application to be included in that list of electors for the polling division, shall, as soon as he or she receives it, forward the application to the returning officer for the polling division to which the application relates.

1992 cE-3.1 s40 ; 1995 c21 s11

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Retention of list of electors

The returning officer shall retain 2 copies of the preliminary list of electors for a polling division supplied by the Chief Electoral Officer for use at the final revision.

1992 cE-3.1 s41 ; 1995 c21 s11

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Retention of copies

One copy of a list of electors for a polling division referred to in

section 41 shall be kept at the office of the returning officer for a period of not less than 12 months after the final revision made in respect of the list of electors for that polling division.

1992 cE-3.1 s42

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Elector not enumerated

An elector who has not been enumerated may, personally or by another person, before the date prescribed for the final revision of the list of electors in respect of that polling division, apply in the prescribed form to the returning officer to have his or her name added to the list.

1992 cE-3.1 s43 ; 1995 c21 s12

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Revision

(1)As soon as the enumerators for a polling division have been appointed, the returning officer for the electoral district in which the polling division is located, shall, subject to the approval of the Chief Electoral Officer, assemble those polling divisions in groups and determine the place at which a final revision is to be conducted for each group, and set the day on which the final revision will be conducted for each place.

(2) A final revision may be conducted at 1 place for a number of

polling divisions.

1992 cE-3.1 s44

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Notice of revision

(1)As soon as the places and days for conducting a final revision in respect of a polling division have been determined and set in accordance with

section 44, the returning officer

(

a) shall prepare copies of a public notice in the prescribed form setting out the days on and the hours during which a final revision will be conducted at the several places approved by the returning officer under that section; and

(

b) by advertisement directed to the electors in the polling divisions affected of the time and place at which the final revision will be conducted.

(2) The advertisement referred to in subsection (1) shall be broadcast or published in a polling division at least 2 days before the final revision begins in the place determined under

section 44 for that polling division.

1992 cE-3.1 s45

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Conducting revision

(1)Every returning officer shall conduct a final revision at the places determined and on the days

and during the hours set, in accordance with this Part.

(2) A final revision is open to the public.

(3) Where a returning officer is unable to conduct a final revision on the day or during the hours set for it

he or she shall proceed at that place as soon as possible afterward.

1992 cE-3.1 s46

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Matters for revision

(1)In conducting the final revision of the list of electors for a polling division, the returning officer shall dispose of

(

a) every application made by a person who before the start of the final revision applied to the returning officer or to an enumerator to have his or her name added to the list of electors for the polling division and a verbal application made by a person at the proceeding to have his or her name added; and

(

b) an application made to the returning officer before the end of the proceeding for the correction of the name or the particulars of an elector appearing on the list.

(2) Where the returning officer is satisfied that the name of a person entitled to have his or her name inserted in the list of electors has been omitted, the returning officer shall add that name to the list.

1992 cE-3.1 s47

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Extending time

A returning officer may extend the period for conducting the final revision.

1992 cE-3.1 s48

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Appeal from revision

(1)A person who claims to be an elector may appeal from a decision of a returning officer conducting a final revision relating to his or her right to have his or her name included in a list of electors for a polling division.

(2) A person who intends to appeal under subsection (1) shall, within 7 days after the decision of the returning officer, give notice of the appeal to the returning officer.

(3) When a notice of appeal is given under subsection (2), the appeal lies to a Provincial Court

judge.

(4) A Provincial Court

judge hearing an appeal under this

section has all the powers of a returning officer conducting a final revision; and that judge may try to settle the matter of the appeal as if in all respects he or she were acting as a returning officer in the first instance.

1992 cE-3.1 s49

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Lists altered on appeal

(1)Where a Provincial Court judge on hearing an appeal under

section 49 orders that the decision of a returning officer from which the appeal was taken be altered or reversed, the judge shall forward the order to the returning officer concerned and to the Chief Electoral Officer.

(2) The Chief Electoral Officer shall make the alteration or other correction directed by the order to be made in the copy in his or her possession of the revised, preliminary list of electors for the polling division.

1992 cE-3.1 s50 ; 1995 c21 s13

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Duties on close of court

(1)Where the final revision has been concluded, the returning officer shall record on the 2 copies of the preliminary list of electors, referred to in

section 41, for a polling division all additions, deletions or other alterations made to the list during the final revision and attach at the end of each list a certificate, in the prescribed form, signed by him or her.

(2) Where the requirements of subsection (1) have been complied with, the returning officer shall forward to the Chief Electoral Officer one of the copies of the revised, preliminary list of electors for a polling division with the additions, deletions or other alterations made at the court of revision and retain in his or her office the other copy of the list as required by

section 42.

(3) The revised, preliminary lists of electors forwarded to the Chief Electoral Officer under subsection (2) shall be kept by the Chief Electoral Officer for a period of not less than 2 years from the date they are forwarded.

(4) Using the revised, preliminary list of electors forwarded by the returning officer under subsection (2) and the alterations or corrections made under subsection 50(2), the Chief Electoral Officer shall print a final revised list of electors for the polling division to which it relates.

1992 cE-3.1 s51 ; 1995 c21 s14

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Revised list to go to RO

The Chief Electoral Officer shall supply a returning officer with a copy of the final, revised list of electors for each polling division in the electoral district for which the officer has been appointed.

1992 cE-3.1 s52 ; 1995 c21 s14

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Rep. by 1995 c21 s14

[Rep. by 1995 c21 s14]

1995 c21 s14

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Permanent list of electors

(1)The list of electors compiled and certified on December 3, 1994

under the former Act shall be considered to be the Permanent List of Electors for the purposes of this Act and may be used for all the purposes of this Act as if prepared under this Act.

(1.1) The Chief Electoral Officer shall maintain the Permanent List of Electors in a form so that he or she can extract in written or other form a list of electors for a polling division or all polling divisions in an electoral district for publication in the form, at the time and in the manner that may be required for a general election or by-election under this Part.

(2) The Permanent List of Electors required by this

section to be prepared and maintained may be in a bound or loose-leaf form or in a photographic film form, or

may be entered or recorded by a system of mechanical or electronic data processing or another information storage device that is capable of reproducing required information in intelligible written form within a reasonable time.

1992 cE-3.1 s54 ; 1995 c21 s15

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Rep. by 1995 c21 s16

54.1

[Rep. by 1995 c21 s16]

1995 c21 s16

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Use of lists

(1)The list of electors prepared, revised, compiled and recorded under this Part may be used as the list of electors for an electoral district at an election held in the electoral district after the commencement of this Part.

(2) The Lieutenant-Governor in Council may order that the last list of electors that was prepared, revised, compiled and certified under this Part be used at an election held on a date following the commencement of this Part whether or not

the placing of those lists in the Permanent List of Electors is completed.

(3) [Rep. by 1995 c21 s17]

(4) The list of electors shall not be used for any purpose other than that for which it was prepared

or other electoral use prescribed by law.

1992 cE-3.1 s55 ; 1995 c21 s17 ; 1998 c6 s9

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Updating list

(1)The Permanent List of Electors may be revised and corrected in accordance with the procedures contained in sections 28 to 53.

(2) Where the Chief Electoral Officer considers it in the public interest to do so but in any event 5 years after the last revision, the Chief Electoral officer shall

(

a) extract from the Permanent List of Electors and prepare in written form lists of electors for the polling divisions in an electoral district;

(

b) direct the returning officer of the district to apply sections 28 to 53, with the necessary changes, to provide the Chief Electoral Officer with current corrected lists of electors for the polling divisions within the electoral district;

(

c) add the names of those electors sworn at the polls during the immediately preceding election;

(

d) add the names of those electors who have applied to have their names added and who are eligible to have them added; and

(

e) revise and correct the Permanent List of Electors to correspond with the current corrected list of electors provided to him or her under paragraph (

b) by the returning officer and by including the names of those electors added under paragraphs (

c) and (d).

(3) Notwithstanding subsection (2), where, as a result of

an amendment to the House of Assembly Act,

the boundaries of an electoral district are changed or 2 or more electoral districts are amalgamated to form a new electoral district, the Chief Electoral Officer shall make those changes to the lists of electors for those electoral districts affected that are necessary in the circumstances.

1992 cE-3.1 s56 ; 1995 c21 s18

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Agreement with CEO Canada

56.1

(1)The Chief Electoral Officer may enter into an agreement with the chief electoral officer for Canada with respect to the supply to the Chief Electoral Officer by the chief electoral officer for Canada of information contained in the register of electors prepared in respect of the province under the Canada Elections Act.

(2) Notwithstanding sections 54 and 56, the Chief Electoral Officer may use information obtained under an agreement referred to in subsection (1) to prepare a new Permanent List of Electors for the purpose of this Act or to revise or correct the Permanent List of Electors referred to in

section 54.

(3) Notwithstanding

section 56, a list of electors prepared from information obtained under an agreement referred to in subsection (1) may be revised or corrected using information obtained under an agreement referred to in subsection (1).

1998 c13 s1

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Agreements with municipalities and school boards

56.2

(1)The Chief Electoral Officer may enter into an agreement with a municipality or a board with respect to the supply and exchange of information necessary for a revision, correction or compilation of a Permanent List of Electors.

(2) In this

section

(a)

"board" means a board as defined in the Schools Act, 1997 ; and

(b)

"municipality" means a municipality as defined in the Municipal Elections Act .

2007 c22 s2

DIVISION C

PREPARATION OF THE POLL

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Calling an election

(1)An election is begun by a proclamation of the Lieutenant-Governor.

(2) A proclamation under subsection (1) shall

(

a) appoint a day and place for the close of nomination of candidates and fix the polling day in each electoral district in which the election is to be held;

(

b) direct the issue of a writ of election for each electoral district in which an election is to be held; and

(

c) fix the date on which the writs will be issued and direct that they be returned at the time and in the manner provided in Division E.

1992 cE-3.1 s57 ; 2004 c47 s13

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Polling day

(1) The day of polling to be fixed by the proclamation required under

section 57 shall be a day not less than 28 clear days from the date of the proclamation nor more than 35 clear days.

(2) Notwithstanding subsection (1) and the Statutes and Subordinate Legislation Act , the fact that writs respecting the by-elections to be held in the electoral districts of Trinity - Bay de Verde and Humber East were issued on November 3, 2014 but the proclamations respecting those by-elections were not published in the Gazette

until November 4, 2014 does not invalidate those writs nor does it in any way affect the validity of the calling of those by-elections.

2004 c44 s3 ; 2014 c22 s1 ; 2017 c17 s1

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Nomination day

The day to be appointed by the proclamation required under

section 57 for the close of nominations of candidates shall be the eighth day after the date of the proclamation.

1992 cE-3.1 s59 ; 1998 c13 s3 ; 2017 c17 s2

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General election day

Where an election is a general election, it shall be held on the same day in each district.

1992 cE-3.1 s60

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Issue of election writ

(1)A writ of election shall

(

a) be issued by the Chief Electoral Officer in conformity with the instructions of the Lieutenant-Governor in Council as contained in the proclamation issued under

section 57 in the prescribed form;

(

b) be dated on the day fixed by the Lieutenant-Governor in Council by his or her proclamation issued under

section 57;

(

c) be directed to the returning officer of the electoral district in respect of which it is issued; and

(

d) be forwarded to that returning officer immediately after it is issued.

(2) A writ of election is returnable at the time and in the manner required by Division E.

1992 cE-3.1 s61

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Withdrawal of writ

(1)Where a returning officer to whom a writ of election has been directed refuses or is unable to act or is disqualified from acting or is removed and there is no one able under Division A to act in place of that returning officer, that writ may be withdrawn by the Chief Electoral Officer and another writ of election may be issued which shall be directed to the person in the electoral district concerned that the Chief Electoral Officer may designate.

(2) The person to whom another writ of election has been directed under subsection (1) is then the returning officer for the electoral district to which the writ relates.

(3) Where a writ of election has been withdrawn a notice of withdrawal in the prescribed form shall be published in a special or ordinary issue of the Gazette .

1992 cE-3.1 s62

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Election supplies

The Chief Electoral Officer shall, as soon as practicable after the date of issue of the writ of election, transmit to the returning officer to which the writ relates, a sufficient number of copies of this Act, instructions issued under it, copies of the list of electors for the electoral district in which the returning officer acts, poll books, other books, forms and other supplies for the proper conduct of the election.

1992 cE-3.1 s63

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Appointment of DRO

(1)As soon as convenient after the issue of the writ of election, the returning officer shall, subject to the approval of the Chief Electoral Officer, in writing, in the prescribed form, signed by him or her, appoint a deputy returning officer for each polling station established in his or her electoral district.

(2) A deputy returning officer shall before acting swear an oath in the prescribed form, which shall be forwarded immediately to the returning officer.

(3) The returning officer shall keep a list of the names and addresses of the deputy returning officers showing the polling station for which each has been appointed, and

shall permit an opportunity for inspection of the list by a candidate, scrutineer or elector at any time up to the opening of the poll.

1992 cE-3.1 s64

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Appointment of poll clerks

(1)A deputy returning officer shall, subject to the approval of the returning officer, immediately after his or her appointment, appoint, in writing in the prescribed form, a poll clerk, who before acting shall swear an oath in the prescribed form.

(2) The form of appointment and oath of office shall be printed in the poll books.

1992 cE-3.1 s65

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Poll clerk as DRO

(1)Where a deputy returning officer refuses or is unable to act or is disqualified from acting or is removed and no other person is appointed in his or her place, the poll clerk without taking another oath of office, shall act as deputy returning officer.

(2) When the poll clerk acts as deputy returning officer he or she shall, by writing in the prescribed form, which shall be printed in the poll book, in his or her turn appoint another poll clerk, who before taking up his or her appointment, shall swear the oath in the prescribed form.

1992 cE-3.1 s66

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Qualifications of candidates

Every Canadian citizen who is at least 18 years of age on nomination day and who

(

a) is ordinarily resident in the province immediately preceding nomination day; and

(

b) is not disqualified by this or another Act for election to or from sitting in the House of Assembly,

is qualified to be nominated as a candidate at an election, whether or not

he or she is qualified to vote in the electoral district in which he or she is nominated.

1992 cE-3.1 s67

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Nominating candidate

(1)Ten or more electors qualified to vote in an electoral district for which an election is to be held may nominate a candidate for the electoral district

(

a) by signing a nomination paper in the prescribed form stating the nominee's name, the place where he or she is ordinarily resident, and his or her address for service of process and papers under this Act and his or her political affiliation; and

(

b) by filing the nomination paper with the returning officer between the date of the proclamation commencing the election and the close of nominations.

(2) A returning officer shall not refuse to accept a nomination paper for filing by reason of the ineligibility of the candidate nominated, unless the ineligibility appears on the nomination paper.

(3) A nomination paper that a returning officer has refused to accept for filing may be replaced by another nomination paper or may be corrected, except that a new or corrected nomination paper shall be filed with the returning officer not later than the time for the close of nominations.

1992 cE-3.1 s68

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Proof required

(1)In respect of a nomination paper, the returning officer shall require proof by affidavit in the prescribed form that

(

a) not less than 10 of the persons, naming them, who have signed the nomination paper are qualified electors in the electoral district for which the election is to be held; and

(

b) the consent of the candidate was signed on the nomination paper in the presence of the person who witnessed the signature, or that the person named as candidate is absent from the province.

(2) The person who signed the affidavit referred to in subsection (1) shall be the person who witnessed the signing by the candidate of the nomination paper, if the candidate was not absent from the province.

1992 cE-3.1 s69

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Conditions to be met

(1)A nomination paper shall be accompanied by

(

a) the consent in writing of the person nominated in it except where that person is absent from the province when the absence shall be stated in the nomination paper;

(

b) an affidavit of the candidate as to his or her qualifications, in the prescribed form, including the party affiliation of the candidate, where the candidate is affiliated with a party;

(

c) a deposit of $200 in legal tender or a certified cheque made payable to the Chief Electoral Officer for that amount to be held in trust by the Chief Electoral Officer;

(

d) the name and address of the chief financial officer appointed under

section 298;

(

e) the full name and address of the candidate;

(

f) the address of the place where records of the candidate are maintained and of the place to which communications may be addressed;

(

g) the names of all persons authorized by the candidate to accept contributions;

(

h) the name and address of every chartered bank, trust company or other financial institution that is lawfully entitled to accept deposits to be used by or on behalf of the candidate as the depositories for all contributions made to that candidate; and

(

i) the names of the persons responsible for each depository referred to in paragraph (h).

(2) The returning officer may not accept a deposit until all the other steps necessary to complete the nomination of the candidate have been taken, and upon his or her accepting a deposit the returning officer shall give the person by whom it is paid a receipt.

(3) The receipt of the returning officer under subsection (2) is conclusive proof that the candidate has been officially nominated.

(4) Before 2:00 p.m.

on nomination day, a leader of a registered political party shall file with the Chief Electoral Officer a list containing the names of all the candidates who are endorsed by the party.

(4.1) Where a candidate has the endorsement of a registered party and wishes to have the name of the party shown in the election documents relating to him or her, the name of the candidate must be included on the list filed under subsection (4) by the leader of the party which has given its endorsement to the candidate.

(5) Where an instrument referred to in subsection (4) is not filed and the candidate does not wish to be described in the election documents relating to him or her by the word "non-affiliated", a request in writing signed by the candidate and asking that the word "non-affiliated" be omitted from the description in the election documents shall be filed with the returning officer at the time the nomination paper is filed.

(6) The name of a candidate shall not include a title, degree or other prefix or suffix but may include a nickname.

1992 cE-3.1 s70 ; 1995 c21 s19 ; 1998 c13 s4 ; 2007 c22 s3

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Party's endorsement

(1)A registered party may, with respect to an election, give its endorsement to only 1 candidate in each electoral district.

(2) Where a candidate who has been given the endorsement of a registered party dies or withdraws, the party may give its endorsement to another candidate in that electoral district.

1992 cE-3.1 s71

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Political affiliation

(1)Where an instrument is filed in accordance with subsection 70(4), the political affiliation of the candidate shall be stated as being the registered party named in the instrument.

(2) Where no instrument or request is filed in accordance with subsection 70(4) or (5), the political affiliation of the candidate shall be described by the word "non-affiliated".

(3) Where a request is filed in accordance with subsection 70(5), the candidate shall not be described as having any political affiliation or described by the word "non-affiliated".

1992 cE-3.1 s72

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Disposal of deposit

(1)The returning officer shall, immediately after receiving it, transmit to the Chief Electoral Officer a deposit paid under

section 70.

(2) The amount deposited by a candidate under

section 70 shall

(

a) where

, in accordance with

section 304,

(

i) the district association of the registered party with which the candidate is affiliated has filed financial statements, or

(ii)

the candidate who is a non-affiliated candidate personally entitled under

section 312 to be reimbursed for his or her election expenses has filed financial statements,

be returned to the candidate;

(

b) where the candidate dies before the closing of the poll, be returned to the personal representative of the candidate;

(

c) where the writ of election for an electoral district is withdrawn, be returned to the candidate; or

(

d) where a candidate is acclaimed, be returned to the candidate.

(3) A deposit that is not repayable to a candidate under this

section shall be remitted by the Chief Electoral Officer to the Minister of Finance to be remitted to the Consolidated Revenue Fund.

1992 cE-3.1 s73 ; 2007 c22 s4

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Closing nominations

(1)At 10:00 a.m. on nomination day the returning officer and election clerk shall both attend at the place stated in the proclamation authorizing the election, and

shall remain there until 2:00 p.m. of the same day for the purpose of receiving nominations of candidates who have not already been nominated.

(2) After 2:00 p.m.

on nomination day no further nomination may be received.

(3) At the close of the time for nominating candidates the returning officer shall deliver to each candidate or his or her scrutineer who applies for it, a certified list of the names of candidates who have been nominated.

(4) The Chief Electoral Officer shall

(

a) on April 1 of each year furnish to each political party registered under

Part III

a copy of the list of electors for the electoral districts involved in the election; and

(

b) upon the filing of nomination papers with the returning officer for a candidate who has been officially nominated by a party, or as soon afterwards as possible, furnish to that candidate a copy of the list of electors for the electoral district in which the candidate is nominated.

(4.1) In addition to the list of electors provided under subsection (4), not later than 5 days before polling day, the Chief Electoral Officer shall furnish to

(

a) each political party registered under

Part III

, an updated list of the electors for the electoral districts involved in the election; and

(

b) each candidate, an updated list of the electors for the electoral district for which that candidate is nominated.

(5) In addition to the printed copy of the list of electors provided under subsection (4), the Chief Electoral Officer shall, on request, provide a copy of the list in a form capable of being stored and used in a system of mechanical data processing or another system for information storage and retrieval.

1992 cE-3.1 s74 ; 2007 c22 s5

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Return of nominations

The returning officer shall report on the nomination proceedings held before him or her to the Chief Electoral Officer, listing the names of the candidates nominated and the names of persons rejected for non-compliance with this Part.

1992 cE-3.1 s75

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Withdrawal of candidate

(1)A candidate who is nominated may, not later than 48 hours before the opening of the poll, withdraw, by filing with the returning officer, a declaration in writing to that effect, signed by the candidate and attested by the signature of 2 qualified electors in the electoral district.

(2) The deposit of a candidate who withdraws in accordance with this

section is forfeited and is to be credited to the Newfoundland

and Labrador Exchequer Account.

(3) When a candidate withdraws in accordance with this

section and there remains but 1 candidate in the electoral district following nomination day, the returning officer shall make a return in the prescribed form declaring as elected the candidate remaining, without waiting for the day fixed for holding the poll.

(4) When a candidate withdraws in accordance with this

section after the notice of the granting of the poll has been printed, the returning officer shall advise each deputy returning officer in his or her electoral district of the withdrawal.

(5) On polling day each deputy returning officer

(

a) shall prepare and post in a conspicuous place in his or her polling station a notice of every withdrawal made in accordance with this section; and

(

b) when delivering a ballot to each elector shall inform the elector of the withdrawal.

1992 cE-3.1 s76 ; 2001 cN-3.1 s2

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Death of candidate

(1)Where a candidate dies after the close of the nominations and before the closing of the polls on polling day, the returning officer shall, with the approval of the Chief Electoral Officer, cancel notice of the poll and fix another day for the nomination of candidates.

(2) Notwithstanding that another day for this nomination of candidates is fixed under subsection (1), a candidate who was nominated at the time of the countermand of the poll need not be again nominated.

(3) The returning officer shall by an advertisement in the prescribed form fix a day for the nomination of candidates and a day for the holding of the poll.

(4) The day fixed for nominations shall be no more than 30 days and no less than 20 days after the death of the candidate.

(5) Polling day for the election of a person under this

section shall be not later than 10 days after the close of nominations.

(6) Where notice of the poll is cancelled under subsection (1) and a candidate withdraws before the day fixed under that subsection for nominations, the Minister of Finance shall return to that candidate the amount deposited under

section 70.

1992 cE-3.1 s77

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Election by acclamation

(1)Where only 1 candidate is nominated the returning officer shall immediately after the close of nominations on nomination day make his or her return to the Chief Electoral Officer in the prescribed form declaring that the candidate is elected for the electoral district.

(2) The returning officer shall within 48 hours send a duplicate or certified copy of the return made under subsection (1) to the person elected.

1992 cE-3.1 s78

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Granting a poll

Where there is more than 1 candidate the returning officer shall grant a poll for taking the votes of the electors.

1992 cE-3.1 s79

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Notice of poll

(1)Within 2 days after the poll has been granted, the returning officer shall, in the manner directed by the Chief Electoral Officer, publicize for each polling division in his or her electoral district a notice that he or she has granted the poll.

(2) The notice shall state

(

a) the names and party affiliations of the candidates nominated, in the order in which they are to be printed on the ballot;

(

b) the polling stations established by the returning officer at which the poll will be taken within the polling divisions; and

(

c) the boundaries and locations of the polling divisions.

1992 cE-3.1 s80 ; 1995 c21 s20

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Polling stations

(1)The poll shall be held in 1 or more polling stations established for each polling division in premises of convenient access, being public buildings

if possible, with an outside door for admittance of electors, and having, if possible, another door through which electors may leave after voting.

(2) The returning officer shall designate for each polling division a suitable polling station or stations having regard to the convenience of the electors in the polling division.

(3) The entrances and facilities of each polling station in a polling division shall, where possible, be accessible to electors in the polling division who are physically disabled.

(4) Where a polling station is not accessible to electors who are physically disabled, the returning officer shall ensure that a convenient alternative is provided to enable those electors to vote.

(5) Each polling station shall contain 1 or more voting compartments so arranged that each elector will be screened from observation and can without interference or interruption mark his or her ballot.

(6) In each voting compartment there shall be provided for the use of electors in marking their ballots a table or desk with a hard smooth surface and a suitable black lead pencil.

(7) The poll shall be opened at 8:00 a.m.

and kept open until 8:00 p.m.

in the evening of the same day.

(8) During the hours prescribed by subsection (7), each deputy returning officer shall, in the polling station for which he or she has been appointed, receive the votes of the electors qualified to vote at the polling station.

1992 cE-3.1 s81

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Central polling places

(1)The returning officer may, and upon the direction of the Chief Electoral Officer shall, establish in a city or town, central polling places at which the polling stations of 1 or more of the polling divisions of that city or town may be located.

(2) Upon the establishment of a central polling place, the provisions of this Part apply as if each polling station at the central polling place were situated within the polling division of the electoral district to which it belongs.

1992 cE-3.1 s82

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Extra polling stations

With the approval of the Chief Electoral Officer, where the number of names on the list of electors for a polling division exceeds 325 or where he or she considers it appropriate to do so, the returning officer may provide 2 or more polling stations for the polling division in order to

allow as nearly as possible an equal number of persons to vote at each polling station.

1992 cE-3.1 s83

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Change in polling stations

The returning officer may, with the approval of the Chief Electoral Officer, on or before polling day, if he or she considers it necessary or desirable to do so,

(

a) change the location of polling stations previously established by him or her; or

(

b) establish additional polling stations,

and if the location of a polling station is changed or an additional polling station is established, the returning officer shall, if the circumstances permit, post a notice of the change or addition as soon as possible afterward at a conspicuous place in the polling division concerned.

1992 cE-3.1 s84

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Division of list of electors

(1)Where the returning officer establishes more than 1 polling station in a polling division, the list of electors shall be divided so that the electors assigned to each polling station appear on a separate list alphabetically, and the polling stations shall be designated by the number of the polling division to which shall be added the letters A, B, C and so on.

(2) To each portion of the list of electors that is divided under this section, the returning officer shall append a special certificate signed by himself or herself, in the prescribed form, attesting to its correctness before sending it to the deputy returning officer for a polling station at which it is to be used for the taking of the votes on polling day.

1992 cE-3.1 s85

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Vote by special ballot

(1)An elector who is qualified to vote at an election and who has reason to believe that he or she will have difficulty voting at an advance poll or at the poll on polling day may apply to vote by special ballot.

(2) A person who is detained in a penitentiary or correctional facility in the province or who is in detention at the Waterford Hospital may vote only by special ballot.

(3) An application to vote by special ballot may be made by those methods that are acceptable to the Chief Electoral Officer.

(4) An application to vote by special ballot may be made to the office of the Chief Electoral Officer beginning not more than 4 weeks before the issue of the writ of election and ending at 6:00 p.m. on a day to be determined by the Chief Electoral Officer.

(5) An application to vote by special ballot shall contain the information that the Chief Electoral Officer may require, including

(

a) the name of the applicant and the address of the applicant's residence in the province;

(

b) proof of the applicant's identity by reference to documents of a class determined by the Chief Electoral Officer; and

(

c) the applicant's mailing address

(6) A person who knowingly makes a false statement in an application under this

section is guilty of an offence.

(7) Section 91 and subsections 92(2) and (3) shall not apply to a special ballot.

1992 cE-3.1 s86 ; 1995 c21 s21 ; 2007 c22 s6

2017 c17 s3 ; 2011 cC-3700001 s50

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Special Ballot Administrator appointed

86.1

(1)The Chief Electoral Officer shall appoint a Special Ballot Administrator.

(2) The Chief Electoral Officer shall assign the duties of the Special Ballot Administrator and shall fix his or her remuneration on a scale approved by the House of Assembly Management Commission continued under

section 18 of the House of Assembly Accountability, Integrity and Administration Act .

(3) The Special Ballot Administrator is responsible to the Chief Electoral Officer for his or her actions.

(4) The Special Ballot Administrator shall, before taking up office, swear an oath in the prescribed form.

(5) Where the Special Ballot Administrator dies, becomes disqualified or incapable of acting or refuses to act, or is removed from office for another reason, the Chief Electoral Officer shall at once appoint a substitute, who, before taking up his or her appointment, shall swear an oath in the prescribed form.

1995 c21 s21 ; 2007 cH-10.1 s70 ; 2017 c17 s3

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Additional information

86.2

The Special Ballot Administrator or his or her designate may, where an application for a special ballot does not contain all the information required by subsection 86(5), require an applicant to provide the additional information requested.

1995 c21 s21 ; 2017 c17 s3

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Approval of application

86.3

(1)On receipt of an application under

section 86, the Special Ballot Administrator or his or her designate shall

(

a) ensure that the applicant's name is on the list of electors for the polling division in which he or she would otherwise vote;

(

b) if the application is in order, issue a special ballot kit to the applicant after the close of nominations; and

(

c) cross out the name of the applicant as it appears on the list, noting in the margin "special ballot issued".

(2) Where an application is received from a person whose name does not appear on the list of electors for the polling division in which he or she resides, the Special Ballot Administrator or his or her designate shall, if satisfied that the person is qualified to vote,

(

a) add the person's name to the list of electors;

(

b) if the application is in order, issue a special ballot kit to the applicant after the close of nominations; and

(

c) cross the person's name off the list and note in the margin "special ballot issued".

(3) Once an elector's application to vote by special ballot has been accepted, a special ballot kit shall be issued to the elector after the close of nominations.

(4) An elector who is issued a special ballot kit may only vote by special ballot.

1995 c21 s21 ; 2017 c17 s3

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Casting of vote

86.4

(1)On receipt of the special ballot kit, the electorshallmark the ballot by forming the letter "X" with a pen or pencil of any colour within the space on the ballot containing the name and particulars of the candidate for whom he or she intends to vote.

(1.1) Where a special ballot does not list the name and particulars of each candidate, the special ballot kit shall include a document with the name and particulars of each candidate.

(2) Notwithstanding subsection (1), where the special ballot does not list the name and particulars of each candidate, the elector shall mark the ballot by printing with a pen or pencil of any colour, in the space provided, the name of the candidate, or the name of the candidate and the name of the political party of the candidate.

(3) After marking the ballot, the elector shall

(

a) place the marked ballot in the ballot envelope;

(

b) seal the ballot envelope;

(

c) place the sealed ballot envelope in the declaration envelope;

(

d) complete and sign the declaration;

(

e) place the sealed declaration envelope in the return envelope; and

(

f) seal the return envelope.

(4) The return envelope, when sealed, shall be forwarded to the Office of the Chief Electoral Officer so that it reaches the office before a time on a day prior to polling day to be determined by the Chief Electoral Officer.

(5) A special ballot kit shall be distributed to an elector by an election official only.

(6) A special ballot kit shall be returned to the Chief Electoral Officer by the elector or an election official only.

(7) Where a voter requires assistance in the completion of his or her special ballot, that assistance shall be provided by an election official only.

1995 c21 s21 ; 2007 c22 s7 ; 2017 c17 s3

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Appointment of representative

86.5

(1)The leaders of registered political parties having membership in the House of Assembly at the time the writ is issued shall each designate a representative, to act as scrutineer, who may be present during the verification of the declaration envelopes referred to in subsection 86.6(2) and during each stage of the procedure for the counting of the special ballots.

(2) The representatives designated under subsection (1) shall swear an oath or make an affirmation in the prescribed form to keep secret the results of the voting by special ballot.

(3) The Chief Electoral Officer may appoint those special ballot officers the Chief Electoral Officer considers necessary to assist the Special Ballot Administrator.

(4) The special ballot officers appointed under subsection (3) shall swear an oath or make an affirmation in the prescribed form to keep secret the results of the voting by special ballot.

1995 c21 s21 ; 2017 c17 s3

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Counting of ballots

86.6

(1)Where a return envelope is received in the Office of the Chief Electoral Officer it shall be opened by the Special Ballot Administrator or his or her designate and the declaration envelope shall be removed from the return envelope and deposited in a sealed ballot box for the respective electoral district.

(2) Notwithstanding

section 216, at a time and on a day before polling day to be determined by the Chief Electoral Officer, the declaration envelopes shall be removed from the ballot box by the Special Ballot Administrator or a special ballot officer in the presence of the persons designated under

section 86.5 or, where they are not available, in the presence of 2 other witnesses.

(3) The Special Ballot Administrator or a special ballot officer shall examine the declaration envelope and determine

(

a) whether the name on the declaration envelope is the same as that crossed out on the list of electors under

section 86.3; and

(

b) that the declaration has been completed and properly signed.

(4) Where the Special Ballot Administrator or a special ballot officer confirms that the declaration has been properly completed and the elector has signed the declaration envelope he or she shall

(

a) open the declaration envelope and remove the sealed, ballot envelope; and

(

b) place the sealed ballot envelope in a sealed ballot box for the appropriate electoral district, marked "Special Ballot".

(5) Where the Special Ballot Administrator or a special ballot officer determines that a declaration has not been completed or the elector has failed to sign the declaration envelope, he or she shall

(

a) write "rejected" on the envelope and the reason for its rejection; and

(

b) set aside the envelope unopened.

(6) Notwithstanding

section 216, on the day referred to in subsection (2) or at a time on another day before polling day to be determined by the Chief Electoral Officer, the Special Ballot Administrator or a special ballot officer, in the presence of the persons designated under

section 86.5 to act as scrutineers, or 2 other witnesses, where the scrutineers are not available, shall open the ballot boxes, open the sealed ballot envelopes and proceed to count the votes.

(7) The counting of the votes shall continue without interruption until completed.

(8) A ballot that

(

a) is not marked in favour of a candidate or a candidate and a political party;

(

b) is marked in favour of more than one candidate or more than one candidate and political party;

(

c) is marked in favour of a candidate and a political party which are not affiliated with each other; or

(

d) is marked in a way that identifies the elector,

shall be rejected.

(9) A ballot shall not be rejected for the sole reason that the elector has incorrectly written the name of a candidate or political party, if the ballot clearly indicates the elector's intent.

1995 c21 s21 ; 2007 c22 s8 ; 2017 c17 s3

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Transmittal of results

86.7

After the close of polls on polling day, the Chief Electoral Officer or the Special Ballot Administrator shall communicate the results of the voting to the appropriate returning officers who shall include them in the vote totals of the candidates for whom they were cast.

1995 c21 s21 ; 2017 c17 s3

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Names of electors

86.8

The Chief Electoral Officer or the Special Ballot Administrator shall, on request, make available to a candidate in an electoral district or his or her official agent the names and addresses of the ordinary residences of those electors in the electoral district who have applied for and been provided with a special ballot kit.

1995 c21 s21 ; 2017 c17 s3

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Administrative procedures

86.9

The Chief Electoral Officer may establish those administrative procedures he or she considers necessary to give effect to sections 86 to 86.8.

1995 c21 s21 ; 2017 c17 s3

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Special ballots

86.10

The provisions of Division E relating to ordinary polls shall apply, with the necessary changes, to special ballots.

1995 c21 s21 ; 2017 c17 s3

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Adjourned or deferred poll

(1)Notwithstanding paragraph 10(2)(b), where because of obstruction or delay due to weather, or where for another appropriate reason, a returning officer or a deputy returning officer is prevented or hindered from proceeding with or taking the poll in a polling division or in a part of a division, the returning officer may, with the prior approval of the Chief Electoral Officer, direct that the taking of the poll in that polling division or part be adjourned or deferred until the next day, not being Sunday or a holiday as defined in the Labour Standards Act , and the next succeeding day also, if necessary, in order to complete the taking of or to take the poll.

(2) Where the taking of the poll is adjourned or deferred under subsection (1), the returning officer shall, if the circumstances permit, post a notice of the adjournment or deferral as soon as possible afterward at a conspicuous place in the polling division concerned.

(3) Where the taking of a poll is adjourned or deferred under subsection (1), the taking of the poll shall be completed or the poll shall be taken on the day to which the taking has been adjourned or deferred.

(4) An adjourned or deferred poll shall be conducted in all respects in the same manner as is provided by this Part for the holding of the poll on the ordinary day of polling and is, in all respects and for all purposes, of the same effect as if it had been held on the ordinary day of polling.

1992 cE-3.1 s87

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Procuring ballot boxes

(1)The Chief Electoral Officer may provide for each electoral district those ballot boxes that are required in the district, or

may give to the returning officer instructions to obtain ballot boxes of uniform size and shape for the electoral district.

(2) Where the returning officer fails to furnish a ballot box to the deputy returning officer for a polling station, within the time prescribed by this Part, the deputy returning officer shall otherwise procure one.

1992 cE-3.1 s88

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Construction of ballot box

(1)Each ballot box shall be made of some durable material with a slit or narrow opening in the top and to which the special seals prescribed by the Chief Electoral Officer can be affixed.

(2) Each ballot box shall be so constructed that ballots can be put into the box and cannot be taken from the box without unsealing and opening it.

1992 cE-3.1 s89

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Ownership

The property in ballot boxes, ballots, poll books and other documents procured for or used at an election is vested in the Crown.

1992 cE-3.1 s90

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Ballots and contents

(1)The ballot of each elector is a printed paper, in this

Part called a "ballot", on which there shall be printed the names and party affiliations of the candidates for the electoral district

(

a) alphabetically arranged in the order of their surnames; or

(

b) if there are in the electoral district 2 or more candidates with the same surname, alphabetically arranged in the order of their other names,

exactly as those names, and party affiliations are set out in the nomination papers except that the surname of each candidate shall appear 1st, followed by a comma and the remaining particulars of the candidate's names.

(2) Each ballot shall have a counterfoil and a stub, and

have a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

1992 cE-3.1 s91

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Printing ballots

(1)The ballots shall be printed upon sheets of ballot paper, and the ballot paper shall be of a grammage of not less than 105 grams per square meter for every 1,000 sheets 43 centimetres by 56 centimetres in size.

(2) The ballots shall be numbered on the back of the stub and of the counterfoil, the same number being printed on the stub as on the counterfoil.

(3) The ballots shall be bound or stitched in books for the purpose of supplying the polling stations according to the number of electors in each.

(4) The ballots shall bear on the back the name and address of the printer.

(5) The printer shall, upon delivering the ballots to the Chief Electoral Officer or the returning officer deliver with them an affidavit in the prescribed form, setting out

(

a) the description of the ballots printed by him or her;

(

b) the number of ballots printed and delivered; and

(

c) the fact that no other ballots for that electoral district have been printed by him or her or supplied by him or her to another person.

1992 cE-3.1 s92 ; 2007 c22 s9

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Ballots to returning officer

(1)The Chief Electoral Officer shall furnish to the returning officer of each electoral district a sufficient number of

ballots for the purpose of the election to be held in that electoral district.

(2) The Chief Electoral Officer may direct the returning officer for the electoral district to arrange for the printing of the ballots to be used in that electoral district and in that case the Chief Electoral Officer shall furnish to the returning officer a sufficient quantity of

sheets of ballot paper for that purpose.

1992 cE-3.1 s93

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Supplies to DRO

(1)The returning officer shall furnish to each deputy returning officer as soon as it is reasonably possible before the opening of the poll on polling day

(

a) a sufficient number of ballots for at least the number of electors on the list of electors to be used at the polling station for which he or she has been appointed;

(

b) a statement showing the number of ballots supplied together with their serial numbers;

(

c) the necessary materials including brailled templates for electors to mark their ballots;

(

d) at least 5 copies of printed directions in the prescribed form, for the guidance of electors in voting;

(

e) a copy of this Act and a copy of the instructions referred to in

section 63;

(

f) the list of electors for use at the polling station for which the deputy returning officer has been appointed;

(

g) a ballot box and seals;

(

h) a poll book;

(

i) the several forms of oaths to be administered to electors; and

(

j) necessary envelopes and other forms and supplies

authorized or furnished by the Chief Electoral Officer.

(2) Until the opening of the poll, the deputy returning officer

(

a) shall keep the supplies referred to in paragraph (1)(

e) carefully in his or her possession;

(

b) shall keep the poll book, list of electors, forms of oaths, envelopes, ballots and other supplies except those referred to in paragraph (1)(

e) carefully stored in the ballot box; and

(

c) shall take every precaution for the safe-keeping

of the ballot box and its contents and to prevent a person from having unlawful access to them.

1992 cE-3.1 s94

DIVISION D

PROCEEDINGS AT THE POLL

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Posting up directions

The deputy returning officer shall, on polling day, at or before the opening of the poll, post the printed directions to electors that have been supplied to him or her at conspicuous places near the polling station and in each voting compartment of the polling station.

1992 cE-3.1 s95

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Sealing of ballots

(1)At the time fixed for the opening of the poll, the deputy returning officer and the poll clerk

or a qualified elector shall open the ballot box and ascertain that there are no ballots or other papers or material enclosed in them and shall certify that fact in the poll book.

(2) The ballot box shall then

(

a) be sealed in a manner to prevent its being opened without breaking the seal; and

(

b) be placed on a table in full view of all present.

(3) The ballot box shall be kept on the table until the close of the poll except where the box is moved in accordance with another provision of this Act.

1992 cE-3.1 s96 ; 1995 c21 s22

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Who may enter polling station

(1)No person shall enter a polling station except an elector whose polling station it is, an election officer, a candidate for the electoral district in which the polling station is located and a scrutineer.

(1.1) (2) No person other than the deputy returning officer, the poll clerk, the candidates for the district and their scrutineers shall remain in a polling station.

(3) As soon as he or she is admitted to the polling station a scrutineer shall deliver his or her written appointment to the deputy returning officer.

(4) Each of the scrutineers of the candidates, before being permitted to remain in the polling station shall swear an oath in the form prescribed to keep secret the name of the candidate for whom an elector has marked his or her ballot in the scrutineer's presence.

(5) The oath sworn by a scrutineer under subsection (4) shall refer to the polling station for which the scrutineer is appointed

and a scrutineer shall not be present at a polling station for which he or she has not been sworn.

(6) Only 1 scrutineer for each candidate may be present at a polling station at a time and the scrutineer present at the close of the poll may remain there until the votes have been counted.

(7) Notwithstanding subsections (1) and (6), a scrutineer may provide another person who is working on behalf of a candidate with the names of persons who have voted at the polling station to which the scrutineer has been admitted.

1992 cE-3.1 s97 ; 1995 c21 s23

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Presumption of agency

A person who produces to the returning officer or deputy returning officer a written authority from a candidate to represent him or her at the election or at a proceeding of the election, is presumed to be a scrutineer of that candidate.

1992 cE-3.1 s98

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Voting by election officers

When a deputy returning officer, poll clerk, or scrutineer, is entitled to vote at an election in an electoral district, he or she has on swearing the prescribed oath the right to vote at the polling station where he or she is actually engaged during polling day, if that polling station is in the electoral district in which he or she is entitled to vote, instead of at the polling station where he or she would otherwise have been entitled to vote.

1992 cE-3.1 s99

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Scrutineers entitlement

Where the scrutineers entitled to be present in the polling station during the hours of polling are in attendance at least 15 minutes before the hour fixed for the opening of the poll, they are entitled

(

a) to have the ballots intended for use at the poll carefully counted in their presence before the opening of the poll; and

(

b) to inspect the ballots and all other papers, forms and documents relating to the poll.

1992 cE-3.1 s100

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Right of candidate

A candidate may personally undertake the duties that his or her scrutineer, if appointed, might have undertaken, or the candidate may assist his or her scrutineer in the performance of those duties, and may be present at a place at which his or her scrutineer is authorized to attend.

1992 cE-3.1 s101

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Validity preserved

Where in this Part

an act or thing is required to be done in the presence of the scrutineer of a candidate, the absence of that person does not invalidate the act or thing done if it is otherwise done in accordance with this Part.

1992 cE-3.1 s101

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Beginning of voting

(1)Immediately after the ballot box is sealed, under

section 96, the deputy returning officer shall call upon the electors to vote.

(2) The deputy returning officer shall arrange for the admittance of electors into the polling station and shall see that they are not impeded or molested in the station.

1992 cE-3.1 s103

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Entrance of electors

(1)The deputy returning officer may direct that no more than 1 elector for each voting compartment enter the polling station at one time.

(2) Each elector, upon entering the polling station, shall declare his or her name, the place where he or she is ordinarily resident and the other information that may be prescribed.

(3) The deputy returning officer shall ascertain whether the person applying to vote is qualified to vote at that station.

(4) Where it has been ascertained that the applicant elector is qualified to vote at the polling station, his or her name, address and other declared information shall be entered in the poll book kept by the poll clerk, a consecutive number being prefixed to the elector's name in the appropriate column of the poll book.

(5) The elector shall then be immediately allowed to vote, unless an election officer or a scrutineer of a candidate present at the polling station requests that the elector 1st swear an oath.

1992 cE-3.1 s104 ; 1995 c21 s24

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Right at polling station

(1)A person who is qualified to vote in an election and whose name appears on the list of electors for a polling station, shall on polling day be permitted to vote at that polling station, if the person is then ordinarily resident in the polling division for which that polling station has been established.

(2) A person who is qualified to vote in the electoral district in which an election is pending and who is on polling day ordinarily resident in a polling division in the district may, notwithstanding that his or her name does not appear on the list of electors for that polling station, vote at the appropriate polling station established in that polling division, if he or she produces identification and swears before the deputy returning officer an oath in the prescribed form.

(3) For the purpose of this section, the question whether a person is ordinarily resident in the province, or in an electoral district or in a polling division shall be determined in accordance with the rules set out in

section 26 in respect of residency.

1992 cE-3.1 s105

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Rep. by 1995 c21 s25

[Rep. by 1995 c21 s25]

1995 c21 s25

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Rep. by 1995 c21 s25

[Rep. by 1995 c21 s25]

1995 c21 s25

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Rep. by 1995 c21 s25

[Rep. by 1995 c21 s25]

1995 c21 s25

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Elector refusing to be sworn

(1)When required by the deputy returning officer, a poll clerk, 1 of the candidates or the scrutineer of a candidate to be sworn as a qualified elector, an elector shall, before receiving his or her ballot, take an oath in the prescribed form.

(2) Where an elector refuses to take an oath under subsection (1), erasing lines shall be drawn through his or her name in the poll book and the words "refused to be sworn" shall be written after his or her name.

(3) An elector who, being able to do so, has refused to take an oath, or to answer a question, or to produce evidence required by this Part, shall not be given a ballot or, upon leaving the polling station, for a reason other than to obtain evidence requested of him or her, be permitted to return or be permitted to vote.

1992 cE-3.1 s109

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List of electors changed at poll

(1)Where the correct name and address of a person demanding a ballot is not on the list of electors for the appropriate polling station but there is contained in the list a number and address that corresponds so closely to the name and address of that person as to suggest that the entry in the list was intended to refer to that person, that person is, upon taking an oath in the prescribed form entitled to receive a ballot and to vote.

(2) In a case referred to in subsection (1), the name and address as stated in the list of electors shall be corrected in the list according to the facts and correctly entered in the poll book, and the fact that the oath has been taken shall be entered in the proper column of the poll book and the words "corrected list of electors" in the remarks column.

1992 cE-3.1 s110

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Where candidates vote

(1)A candidate whose name appears upon the list of electors for a polling station established in the electoral district is entitled to vote in a polling station other than the one in which his or her name appears upon the list of electors.

(2) Where a candidate is not qualified to vote at an election in the district for which he or she is a candidate, he or she may, upon taking the prescribed oath, vote in that district instead of in the district where he or she would otherwise be entitled to vote.

1992 cE-3.1 s111

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Secrecy of poll

(1)Every candidate, deputy returning officer, poll clerk, scrutineer or other witness in attendance at a polling station or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting at the station.

(2) A candidate, deputy returning officer, poll clerk, scrutineer or other witness shall not,

(

a) at the polling station, interfere with, or attempt to interfere with an elector when marking his or her ballot, or attempt to obtain information as to the candidate for whom an elector is about to vote or has voted;

(

b) communicate information as to the manner in which a ballot has been marked in his or her presence in the polling station;

(

c) directly or indirectly induce or endeavour to induce an elector to show his or her ballot after he or she has marked it, so as to make known to a person the name of the candidate for whom he or she has cast his or her vote;

(

d) communicate to a person information obtained at a polling station as to the candidate for whom an elector at that polling station is about to vote or has voted; or

(

e) at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is cast on a particular ballot.

(3) An elector shall not,

(

a) upon entering the polling station and before receiving a ballot, openly declare for whom he or she intends to vote;

(

b) show his or her ballot, when marked, so as to

allow the name of the candidate for whom he or she has voted to be known; or

(

c) before leaving the polling station openly declare for whom he or she has voted.

(4) The deputy returning officer shall draw the attention of an elector who has contravened subsection (3) to the offence that he or she has committed and to the penalty to which he or she has become liable, but the elector shall nevertheless be allowed to vote in the usual way.

1992 cE-3.1 s112

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Ballot to elector

(1)Voting is by ballot.

(2) Each elector is entitled to receive from the deputy returning officer a ballot on the back of which the deputy returning officer has placed his or her initials so that when the ballot is folded the initials can be seen without unfolding the ballot.

(3) The deputy returning officer shall place his or her initials on the ballot under subsection (2) immediately before giving it to the elector.

1992 cE-3.1 s113

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Instructing how to vote

The deputy returning officer shall, upon the request of an elector, instruct the elector in the method of marking a ballot, and shall properly fold the elector's ballot, directing him or her to return it, when marked, folded as shown, but without inquiring for whom the elector intends to vote, except as permitted under this Part when the elector is unable to vote in the ordinary manner prescribed by this Part on account of inability to read, blindness or other physical incapacity.

1992 cE-3.1 s114

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Manner of voting

(1)The elector on receiving the ballot shall immediately proceed into a voting compartment and there mark the ballot by forming the letter "X" with a black lead pencil within the space on the ballot containing the name and particulars of the candidate for whom he or she intends to vote.

(2) [Rep. by 1995 c21 s26]

(3) The elector shall then

(

a) fold the ballot as directed so that the initials on the back of it and the printed serial number on the back of the counterfoil can be seen without unfolding it; and

(

b) hand the ballot to the deputy returning officer.

(4) The deputy returning officer shall then without unfolding the ballot handed to him or her, determine by examining his or her initials and the printed serial number on the counterfoil that it is the ballot delivered to the elector and, if it is, the officer shall immediately, in full view of the elector and all others present, remove and destroy the counterfoil.

(5) The deputy returning officer shall then return the ballot to the elector who shall, in full view of the deputy returning officer and all others present, deposit the ballot in the ballot box.

1992 cE-3.1 s115 ; 1995 c21 s26

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Cancelled ballot

(1)An elector who has inadvertently dealt with the ballot delivered to him or her in a manner that it cannot conveniently be used shall return it to the deputy returning officer who shall write the word "cancelled" across it and immediately place it in the envelope provided for that purpose.

(2) The deputy returning officer shall then deliver another ballot to the elector.

1992 cE-3.1 s116

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Second elector of same name

(1)Where a person representing himself or herself to be a particular elector applies for a ballot after another person has voted as that elector, the person is entitled to receive a ballot and to vote after taking the oath in the prescribed form and otherwise establishing his or her identity to the satisfaction of the deputy returning officer.

(2) Where an elector has voted under subsection (1), the poll clerk shall enter in the poll book opposite the name of the elector

(

a) a note of his or her having voted as a second elector issued under the same name;

(

b) the fact of the oath of identity having been taken, and the fact of another oath required having been taken; and

(

c) the objections made on behalf of a candidate, naming the candidate.

1992 cE-3.1 s117 ; 1995 c21 s27

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Elector needing aid

(1)The deputy returning officer when requested to by an elector shall,

(

a) permit a friend of the elector to accompany the elector into the voting compartment and mark the ballot of the elector; or

(

b) assist the elector

(

i) by marking the ballot of the elector in the manner directed by the elector, in the presence of the scrutineers of the candidates in the polling station and of no other person, and the deputy returning officer shall, where the elector is unable to do so, then place that ballot in the ballot box, or

(ii)

by instructing the elector in the use of a brailled template, prescribed by the Chief Electoral Officer, to be affixed over the ballot so that each hole in the brailled template indicates the place where a mark in that hole would result in a vote for the candidate whose name corresponds to that hole, and by reading to the elector the candidate that corresponds with each hole in the brailled template, so that the elector may understand the method by which he or she may mark his or her ballot for the candidate of his or her choice.

(2) Where a friend of the elector accompanies the elector into the voting compartment as provided for in paragraph (1)(a), the poll clerk shall, in addition to the other requirements prescribed by this Part, enter the name of the friend in the remarks

column of the poll book opposite the entry relating to the elector.

(3) A person at an election shall not act or shall not be allowed to act under paragraph (1)(

a) as the friend of more than 1 elector.

(4) A friend who is permitted to mark the ballot of an elector under paragraph (1)(

a) shall 1st take an oath in the prescribed form that he or she will keep secret the name of the candidate for whom the ballot of the elector is marked by him or her and that he or she has not already acted as the friend of an elector for the purpose of marking his or her ballot at that election.

1992 cE-3.1 s118

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No delay in voting

An elector shall vote without undue delay and shall leave the polling station as soon as his or her ballot has been put in the ballot box.

1992 cE-3.1 s119

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Electors present at close of poll

(1)If at the hour of the closing of the poll there are electors in the polling station who are qualified to vote and have not been able to do so since their arrival at the polling station, the poll shall be kept open a sufficient time to enable them to vote.

(2) Only those persons actually present

inside the polling station at the hour of closing shall vote or be allowed to vote even if the poll is still open when he or she arrives.

1992 cE-3.1 s120

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Voting in hospitals, etc.

(1)Where a polling station has been established in a home for the aged, a hospital or similar institution for the care and treatment of chronic illness, the deputy returning officer and the poll clerk shall, while the poll is still open on polling day and when considered necessary by the deputy returning officer,

(

a) suspend temporarily the voting in the polling station; and

(

b) with the approval of the person in charge of the institution, carry the ballot box, poll book, ballots and other necessary election documents from room to room in the institution to take the votes of those patients unable to come to the polling station who are ordinarily resident in the polling division in which the institution is situated and are otherwise qualified as electors.

(2) The procedure to be followed in taking the votes of patients unable to come to the polling station referred to in subsection (1) shall be the same as that prescribed for an ordinary polling station.

(3) The deputy returning officer shall give patients assistance in accordance with the provisions of

section 118 when necessary.

1992 cE-3.1 s121

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Entries by poll clerk

The poll clerk shall

(

a) make the additions, entries, alterations and erasures in the poll book that the deputy returning officer directs in accordance with this Part;

(

b) enter in the poll book, opposite the name of each elector, as soon as the elector's ballot has been deposited in the ballot box, the word "voted ";

(

c) enter in the poll book, opposite the name of an elector to whom a 2nd ballot has been delivered after the defacement of the 1st, the words "2nd ballot ";

(

d) enter in the poll book opposite the name of an elector to whom a ballot has been given after another has voted in the same name and who has taken the oath of a personated elector in the prescribed form, the words "2nd elector ";

(

e) enter in the poll book, the word "sworn" opposite the name of each elector to whom an oath as to qualifications or otherwise has been administered, indicating the nature of the oath;

(

f) enter in the poll book the words "refused to answer" opposite the name of each elector who has refused to take an oath when he or she has been lawfully required to answer; and

(

g) enter in the poll book the other entries that the deputy returning officer, in accordance with this Part, directs him or her to make.

1992 cE-3.1 s122

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Irregularities

An election is not invalid, nor may it be declared invalid, by reason of

(

a) an irregularity on the part of the returning officer, or an irregularity in a proceeding preliminary to the poll;

(

b) lack of qualification of an election officer;

(

c) lack of qualification in a person signing a nomination paper received by the returning officer under this Part;

(

d) a failure to hold a poll at a place appointed for holding a poll;

(

e) non-compliance with the provisions of this

Part concerning the taking of the poll, the counting of the votes or a limitation of time;

(

f) failure to open or close a poll on the hour prescribed by this Part; or

(

g) a mistake in the use of prescribed forms,

if it is shown to the satisfaction of a judge having cognizance of the question that the election was conducted in accordance with the principles laid down in this Part and that the irregularity, failure, non-compliance or mistake did not materially affect the result of the election.

1992 cE-3.1 s123

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Order for advance poll

(1)The Chief Electoral Officer may order that an advance poll be held in an election for the purpose of receiving the votes of persons qualified to vote at the election who have reason to believe that they will have difficulty voting on polling day in the polling division in which they are ordinarily resident.

(2) The Chief Electoral Officer may fix

(

a) the number of advance polls to be held in an electoral district; and

(

b) the places at and the days upon and the hours during which the advance polls will be held.

1992 cE-3.1 s124 ; 1995 c21 s28

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Time for advance poll

Advance polls may be held on 1 or more of the 7 days immediately preceding the ordinary polling day.

1992 cE-3.1 s125

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Notice of polling station

(1)Where an advance poll is ordered to be held, the returning officer subject to the approval of the Chief Electoral Officer shall designate a suitable polling station for the purpose and shall give notice of the places where, the days on and the hours during which it will be held.

(2) A notice under subsection (1) shall be published

(

a) by advertisement in a newspaper circulating in the electoral district concerned or by other appropriate means; and

(

b) if the Chief Electoral Officer considers it necessary, by those other means that he or she may direct.

1992 cE-3.1 s126

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Duties of RO re: advance poll

The returning officer for the electoral district where an advance poll is ordered to be held shall supply the deputy returning officer with the list of electors for that electoral district together with a ballot box, ballots, poll books, forms of oaths and other documents and supplies required for the purpose of holding the advance poll.

1992 cE-3.1 s127 ; 1995 c21 s29

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Who may vote

An elector who would on the ordinary polling day be qualified under this Part to vote in a polling division in an electoral district may vote at an advance poll held in that electoral district.

1992 cE-3.1 s128 ; 1995 c21 s29

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Rep. by 2007 c22 s10

[Rep. by 2007 c22 s10]

2007 c22 s10

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Requirements of elector

The deputy returning officer, a candidate or a scrutineer of a candidate may require that a person offering himself or herself as an elector at an advance poll take, before being handed a ballot, an oath that an elector at an ordinary poll on the scheduled polling day may be required to take.

2007 c22 s11

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Record to be kept

The poll clerk shall record in the poll book in the column headed "Remarks" a note stating that the elector has taken an oath required by or under this Part and the number of the polling division where the elector is ordinarily resident.

1992 cE-3.1 s131

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Security of advance poll

(1)After the opening of an advance poll, the ballot box used at the poll shall not be opened until 8:00 p.m.

of the ordinary polling day.

(2) On adjourning the advance poll each day the deputy returning officer shall, and a candidate or the scrutineer of a candidate who is present may, place his or her seal on the ballot box in a manner that it cannot be opened and a ballot cannot be deposited in it, without breaking the seals or the scrutineer may initial the seal placed on the box by the deputy returning officer.

(3) The deputy returning officer shall, at all times

after the opening of an advance poll, take the necessary precautions to prevent access being had by a person, other than the poll clerk during the polling, to the ballot box.

(4) A seal placed on the ballot box shall not be removed between the opening of the advance poll and the time fixed for the deputy returning officer to count the ballots in it, except only at the start of voting on each day of the advance poll, and then only that seal shall be removed that is necessary to permit the insertion of ballots in the