No. 18 2nd Session, 13th Legislature, Alberta 4 Elizabeth II, 1956 BILL 18 A Bill respecting the Election of Members of the Legislative Assembly HON . MR. COLBORNE EDMONTON, ALBERTA Printed by A. SHNITKA, Printer to the Queen'a Yoet Exoellent MaJesty 196.

Explanatory Note This Act will repeal and replace The Alberta Election Act. It is essentially a revision of the present Act which it replacea but a number of substantive changes are made, the most important being the abolitlon of the transferable voting system for the sinile or "X" voting system. 1 . The title is shor tened to disti n§uish the present Act which is entitled 'The Alberta Election Act . 2.

This is the present sect!on 2 with the following changes: Clause (b): only the one word "Assembly" is defined; Clause (c) : only the one word "candidate" is defined and the clause is subdivided for clarity ; Clause (e): only the one term "corrupt pracUce" is defined; Clause (j} : only the word "elector" is defined as that word only is used when the defined meaning is intended; Clause (1} : the words "by enumerators" dropped from de-finition as this would not apply in a city constituen<:y; Clause (n}: New-See remarks on forme r clause (x); Clause (r}: New-defines a new concept, the official candidate; (Present clause (

n) defining "Indian" omitted as it is now un- necessary. See clause 16 (1) (b) ) . (Present subclause (w} omitted as "suburban poll" ls not now used.} (Present clause (x} omitted as "voter's list" now becomes "list of electors"-the more exact term.}

BILL No. 18 of 1956

An Act respecting the Election of Members of the Legislative Assembly (Assented to , 1956) HER_ MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows : 1. This Act may be cited as "The Election Act".

Interpretation 2. In this Act, (a) "advance poll" means a voting in advance as pro­ vided by

section 63 ; (b) "Assembly" means the Legislative Assembly of Alberta; (c) "candidate" means a person (

i) who is elected to serve in the Assembly, (ii) who is nominated as a candidate at an election, or (iii) who, on or after the date of the issue of the writ for the election or after the dissolution of the Assembly or the occurrence of a vacancy in con­ sequence of which the writ has been issued, is declared by himself or by others to be a candi­ date; (d) "city constituency" means the electoral divisions of Edmonton, Calgary, Lethbridge and Medicine Hat as constituted by The Legisla,tive Assembly Act, 1955,' (e) "corrupt practice" means bribery and any act or offence declared to be a corrupt practice by this or any other Act of the Legislature of Alberta or recognized as such by the common law of parlia­ ment; (f) "court" means the district court of the judicial district within which the electoral division affected is wholly or mainly situated and "judge" means a judge of the said court; (g) "election" means an election of a member to serve in the Assembly; (h) "election court" means a court constituted under The Cont1·overted Elections Act for the trial of a petition or in case of an appeal therefrom the court for the hearing-of the appeal;

2 3. Subsection (1) -the existing

section 3 (1). Subsection (2)-the existing subsection (2). Subsection (3)-the existing subsection (3} revised to bring out the meaning more clearly and also to make it clear that the reference to an earlier holding of an election to fill a vacancy means earlier than 180 days but not earlier than the minimum time specified in subsection (1}. Subsection (4)-the existing proviso of subsection (3) sub­ divided for clarity.

2 (i) "election officer'' means the returning officer, elec~ tion clerk, deputy returning officer, poll clerk or other person having any duty to perform under this Act, and to the faithful performance of which he may be sworn; (j) "elector" means a person entitled to vote at an elec~ tion under this Act; ( k) "electoral division" means a place or territor ial area in Alberta entitled to return one or more mem­ bers to serve in the Assembly; (l) "enumerator ", "enumerated" and all words of simi­ lar import includes all proceedings had or taken in connection with lists of voters to be made or revised pursuant to the provisions of this Act; (m) "Form" means a form in the First

Schedule to this Act; ( n) "list of electors" means any list of persons entitled to vote at an election and made or revised under this Act, or a certified copy of such list ; ( u) "member" means a member of the Assembly; (p) "oath" includes affirmation and statutory declara­ tion; ( q) "official agent" means the agent appointed as such by a candidate pursuant to this Act; (1·) "official candidate" means the candidate who is certified pursuant to this Act as being the recog­ nized candidate of a political party that is registered for the constituency within which the candidate is to be nominated ; ( s) "poll book" means the book or sheet or sheets con­ taining the names of persons who have received ballot papers at an election; (t) "polling day" means the day fixed for voting at an election; (1t) "polling place" means the place where votes are re­ corded at an election; ( v) "polling subdivision" means the portio n of an elec­ toral division for which a polling place is estab­ lished; ( w) "voting" or "to vote" means voting or to vote at the election of a member to serve in the Assembly; (x) "writ" means the document addressed by the Clerk of the Executive Council to the returning officer and requiring the holding of an election.

Commencement of Election Proceedings 3. ( 1) Every election shall be commenced by the passing of an order of the Lieutenant Governor in Council (

a) authorizing the issue of a writ of election in Form 1, directed and addressed to a resident elector of each electoral division for which an election is to take place, who shall be named therein as returning officer of the electoral division,

3 4. The present

section 4 . .S. The present

section 5 subdivided in subse<lUons and tabulated in (1) for clarity .

3 (

b) fixing the date of the writ, which shall be the same for all writs in the case of a general election, (

c) appointing a day not more than thirty nor less than twenty days from the date of the writ as nomination day, (

d) providing that where voting is necessary, the four­ teenth day after nomination day will be the day on which voting is to take place, or if such fourteenth day is a holiday then on the next following day not being a holiday, and (

e) directing that the writ be returned as provided by this Act.

(2) Upon receipt of the said order the Clerk of the Execu­ tive Council shall issue writs in accordance with the provi­ sions set out in the order and shall cause each writ to be transmitted by mail to the returning officer named therein.

(3) Notwithst-anding any provision to the contrary in The Legislative Assembly Act, 1955, (

a) if a vacancy is in any way created in the represen­ tation of an electoral division, and (

b) if no general election is to be held before the next session of the Legislature, an election to fill such vacancy shall be held within one hundred and eighty days after the occurrence of the vacancy, or, subject to subsection (1), within such shorter period as may be necessary to give the electoral division representa­ tion at the next ensuing session of the Legislature. ( 4) Notwithstanding subsection (3), if a vacancy is created in the representation of an electoral division entitled to be represented by more than one member, an election need not be held to fill any such vacancy, (

a) if the vacancy is created after the expiration of three years from the date of the return of the writs for the general election, and (

b) if and so long as the electoral division, notwith­ standing the vacancy, continues to be represented in the Legislative Assembly by at least one-half of the number of members to which it is entitled . 4. If the person to whom the writ is addressed dies or refuses to act or is absent or incapacitated or unable from any cause to act, the Lieutenant Governor in Council mny appoint some other person to be returning officer. 5. ( 1) If a writ has been issued to a person (

a) whose appointment is afterwards superseded, or (

b) in whose stead a returning officer has been appointed under

section 4, a new writ may be issued or the new returning officer may act under the writ already issued as if the same had been addressed to him.

e. The present

section 6 with the following change.s: "Enum­ erator" added to the offices specified, in subsections (1) and (2); clause (

d) of subsection (1) made to refer to magistrates and justices; clause (

g) added to prevent the offices JOing to persons who are not qualified to vote m a provincial elect1on. 'f, The present

section 7 re-arranged as to fonn. s. The present

section 8 re-arranged to set out the exemption factors more clearly.

(2) The validity of proceedings had or taken under the first appointment is not affected by the new appointment, but the new returning officer may appoint a new election clerk or clerks as hereinafter provided and new deputy re­ turning officers, if he thinks fit, in the place of the persons, if any, appointed to such offices by the person previously named as returning officer. 6.

(1) The following shall not be appointed or act as returning officer, deputy returning officer, election clerk, enumerator or poll clerk, namely: (

a) a member of the Executive Council; (

b) a member of the Parliament of Canada, or of the Assembly; (

c) a minister, priest or ecclesiastic under any form or profession of religious faith or worship, (

d) judges of federal courts and judges, magistrates or justices of provincial courts; (

e) a person who at any time has been found guilty by a competent tribunal of any corrupt practice or who has been convicted by any competent tribunal of any offence or dereliction of duty in violation of this Act or of any other Act previously in force in this Prov­ ince relating to the elections; (/) persons convicted of any indictable offence within the period of ten years preceding nomination day; (

g) persons who are not electors.

(2) If any such person acts as returning officer, deputy returning officer, election clerk, enumerator or poll clerk, he is guilty of an offence and liable on conviction to a fine of two hundred dollars. 7. The following are not obliged to accept appointment or to act as returning officer, deputy returning officer, election clerk or poll clerk, namely: (

a) a physician or surgeon ; (

b) a person sixty years of age or over ; (

c) a person who has within the five years immediately preceding the date of the writ served as returning officer at any election to the Assembly. 8. A person who refuses to perform the duty of re­ turning officer after having received the writ of election is guilty of an offence and liable upon conviction to a fine of two hundred dollars, unless (

a) he is disqualified by this Act, or (

b) he has a right to claim exemption under

section 7 and has claimed exemption by letter setting forth the grounds of such exemption and forwarded to the Clerk of the Executive Council within two days next after the receipt of the writ of election.

5 9. Subsection (1) is new; subsection (2) is present sectio n 9. 10. Present

section 10 with following changes: (

a) Subsection (l)made into two subsections (1) and (2), and tabulation used in subsection (2) for clarity; (

b) the present subsection (4) made into two subsections (5) and (6). 11. The present

section 11. 13. The present

section 12 with slight alteration in wording.

5 9.

(1) With the writ of election, the Clerk of the Execu­ tive Council shall transmit to the returning officer named in the writ any recommendations with respect to the boundaries of the polling subdivisions as constituted for the last election and as submitted to the Clerk by the returning officer for the preceding election in that electoral division.

(2) As soon as possible after transmitting the writ to a returning officer, the Clerk of the Executive Council shall furnish the returning officer with election forms and ma­ terial of the nature, number or quantity set out in Form 2. 10.

(1) The Clerk of the Executive Council shall pro­ cure a supply of enumerators' badges in sufficient quantity to provide one badge for each enumerator appointed pur­ suant to this Act as an enumerator for a polling subdivision of a city constituency.

(2) The badges (

a) shall be of such material and design as the Clerk may prescribe, (

b) shall be numbered serially, and (

c) shall bear on them the words "Province of Alberta Enumerator" and the serial number thereof .

(3) As soon as possible after the issue of the writ of election for a city constituency, the Clerk shall furnish the returning officer for the constituency with a sufficient supply of badges.

(4) Whenever the returning officer for a city constituency appoints an enumerator for any polling subdivision, he shall furnish the enumerator with one badge and shall keep an accurate record of every badge so furnished. ( 5) Every enumerator shall immediately upon the ter­ mination of his duties return the badge to the returning officer.

(6) The returning officer shall as soon as possible after polling day return to the clerk all the badges that have been returned to the returning officer together with all the other badges furnished to him by the Clerk, and where any such badge is not returned, the returning officer shall notify the Clerk and forward such information concerning the badge as the Clerk may require. Returning Officer' 11.

The returning officer shall forthwith on receiving the writ of election endorse thereon the date of its receipt and take and subscribe the oath of office in Form 3, which may be sworn before a justice of the peace, a commissioner for oaths or a notary public, who shall administer it without charge. 12. An oath or affidavit with respect to an election and required by this Act from any person other than the return­ ing officer may be sworn or affirmed, as the case may be, before a returning officer who has himself taken the oath of office.

G 13. Present

section 13 with slight modification in phrasing and omitting ~resent clause (

d) of subsection (1) referring to "subur­ ban polls'; the present proviso of subsection (2) is made sub­ section (3).

6 13.

(1) Upon the receipt of the writ of election the re­ turning officer shall, at least eight days before the day fixed in the writ for the nomination of candidates, publish by proclamation in Form 4 and under his hand and in the English language (

a) notice that he will receive nominations of candidates at any time before two o'clock in the afternoon of the day fixed for nominations, and that he will also attend from twelve o'clock noon until two o'clock in the afternoon on the day fixed in the writ of election at a named place in the electoral division, which place shall be the court house, city hall, town hall or some other public or private building in the most central or most convenient place for the majority of the electors, (

b) the day on which voting is to be held in case voting is necessary and the hours at which the polling places will open and close, (

c) the numbers and fully described boundaries of the polling subdivisions of the electoral division and the polling places therein, (

d) the polling place and the days and the hours fixed for taking votes at an advance poll in the city, town or other place where this Act provides for an ad­ vance poll, (

e) the place where and the time when on the tenth day, not being a holiday, after the day fixed for voting the returning officer will attend and announce the result of the count of the votes and declare the can­ didate or candidates, to the number required by law, having the highest number of votes duly elected, or if such tenth day is a holiday then on the next fol­ lowing day not being a holiday, and (

f) a copy of subsection (1) of

section 152.

(2) The proclamation shall be posted up in at least two conspicuous places in each polling subdivision in the elec­ toral division at least eight days before nomination day, neither the last day allowed for posting up nor the nomina­ tion day being reckoned in the said eight days.

(3) In a city, town or village the proclamation shall be posted up at the city or town hall or other public place where the meetings of the municipal council are held and in at least one other public place in each polling subdivision.

(4) The returning officer may, at any time not less than forty-eight hours before the time fixed in the proclamation for the nomination of candidates, make or cause to be made upon the proclamation so posted corrections of obvious errors and omissions. · ( 5) Where from any unforeseen cause the proclamation could not be posted up so as to leave the required time be­ tween the posting up and the nomination day, the returning officer shall with his return report to the Clerk of the Execu­ tive Council the cause of the delay in the posting.

? 14. The present

section 14 with modifications in wording only. 15. The present

section 15 (1); modified as to form of expression and by stating the method of listing married women and widows; subsection (2) is revised by placing in a Second

Schedule the rules re the appointment of enumerators in city constituencies.

7 Election Clerka 14.

(1) After taking the oath of office and before posting the proclamations, the returning officer shall by commission under his hand in Form 5 appoint an elector of the electoral division to be the election clerk.

(2) The returning officer may, at any time during the election and in the same manner, appoint another election clerk if the one appointed dies or refuses or neglects or is unable to perform his duties.

(8) The returning officer may, in the same manner and upon first obtaining the consent in writing of the Clerk of the Executive Council to each appointment, appoint one or more additional election clerks. ( 4) An election clerk shall assist the returning officer in the performance of his duties and if the returning officer dies or refuses or is disqualified or unable to perform his duties and has not been replaced by another, the election clerk, or if more than one the one first appointed, shall act in his stead as returning officer.

(5) An election clerk shall before entering upon his duties take and subscribe the oath of office in Form 6 and the appointment and oath of an election clerk shall be either endorsed on or attached to the writ.

(6) A person appointed election clerk who refuses to accept the office or who having accepted the office refuses or neglects to take and subscribe the oath or to perform the duties of election clerk is guilty of an offence and liable on conviction to a fine not exceeding forty dollars.

(7) An election clerk whose duty it becomes to act in the place of the returning officer is not required to possess any other qualifications nor- to take the returning officer's oath of office, but he is liable to the same penalties as the return­ ing officer for any neglect or refusal to perform the duties and to fulftl all the obligations of that office in like manner as if he had been appointed returning officer.

(8) Any oath or affidavit with respect to an election and required by this Act from any person other than a returning officer or an election clerk may be sworn or affirmed, as the case may be, before an election clerk. List ol Electors for a General Election 15.

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

a) for the purpose of making and revising lists of elec­ tors hereunder the electoral divisions for which lists are to be made or revised shall be the electoral divisions set out in the

Schedule of The Legislative Act, 1955;

8 1.6. Replaces present

section 16 which commands that certain persons be not placed on the list of voters. With one exception the class of persons so named have been retained in subsection (1). In the case of inmates of prisons, the period is more exactly stated, but no departure from princifle is intended. Patients in mental hospitals and schools for menta defectives are dealt with separately, 1nstead of being grouped with prison inmates.

8 (

b) upon receipt by the returning officer of an electoral division of the Province of the writ for the election he shall subdivide the electoral division into as many polling subdivisions as he deems necessary for the convenience of the voters, taking care to include every part of the electoral division in some polling subdivision ; (

c) upon making such subdivision, (

i) in the case of an electoral division that is a city constituency, the returning officer conjointly with the election clerk or one of the election clerks of the electoral division shall, in the man­ ner set out in the "Rules for the Appointment of Enumerators" in the Second Schedule, ap­ point under their hands in Form 7 two persons as enumerators for each subdivision, and (ii) in the case of all other electoral divisions there­ turning officer conjointly with the election clerk or one of the election clerks of the division shall appoint under their hands in Form 7 one com­ petent and reliable person as enumerator for each polling subdivision; (

d) every enumerator shall, before acting as such, take the oath of office in Form 8 which may be sworn before the returning officer, an election clerk, a justice of the peace, a commissioner for oaths or a notary public, who shall administer the oath free of charge; (

e) each enumerator immediately upon his having taken the oath of office shall compile a list of the persons qualified as electors for the polling subdivision at the election then pending, and the list shall (

i) be in Form 9 and in quadruplicate, (ii) contain the names of the electors alphabetically arranged according to the first letter of their surnames and, in the case of a married woman or a widow, under her own Christian name and the surname of her husband, using the ab­ breviation 14Mrs." as prefix, and (iii) give the occupation and residence of each elec­ tor, including the number of his suite or room when an elector resides in an apartment block or a hotel.

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

Schedule govern the appointment of enumerators. 16. ( 1) The following persons are disqualified to be registered as electors and shall not vote : (

a) the judges of the Supreme Court and the district courts; (

h) a person, wholly or partly · of Indian blood and or­ dinarily resident on an Indian reservation, who is

1 T. In part present

section 17 and new. Recognition is given to the status of Canadian citizen without altering the scope of franchise; the

section is altered by relating the voting age to polling day and citizenship requirements to the date of the writ, while residence is related to the date of the writ. The requirement that an elector reside for two months in the electoral division is omitted. 18. Partly

section 18 and new.

(c) (d) (

e) entitled to receive any annuity or other benefit under any treaty with the Crown in the right of Canada; a person disqualified from voting under this Act or any Act relating to corrupt practices; a person who on the day on which the writ was issued or who at any time after the issue of the writ and prior to the day of polling or who on polling day is a prisoner in gaol or prison undergoing punish­ ment for a criminal offence; a person who is a patient in a mental hospital or school for mental defectives. 17.

(1) Except as provided in

section 16, the persons entitled to be registered as electors and to vote at an election under this Act are those persons mentioned in subsection (2).

(2) A person is qualified to be registered as an elector and to vote, who (

a) on the day on which the writ was issued was a Canadian citizen or British subject, (

b) is of the full age of nineteen years or will attain the fuJI age of nineteen years on or before polling day, (

c) had, on the day on which the writ was issued resided in Alberta for at least twelve months immediately prior to that day, and (

d) was, on the day on which the writ was issued, ordin­ arily resident in the electoral division and polling subdivision in which he or she seeks to vote.

(3) An elector shall be registered on the list of electors for the electoral division in which the elector ordinarily resided on the day on which the writ was issued, and on no other. 18. ( 1) For the purposes of registration of electors under this Act, residence shall be governed by the following rules: 1. The residence of a person is the place in which his habitation is fixed and to which when absent there­ from he has the intention of returning. 2. A person does not lose his residence by reason of temporary absence from horne. 3.

If a person leaves this Province with the intention of making his residence elsewhere he loses his resi­ dence in Alberta. 4. The place where a person's family resides shall be deemed to be his place of residence unleBB he takes up or continues his abode at some other place with the intention of remaining there, in which ease he shall be deemed to be resident at such other place. 5. The residence of a single person is where such per­ son usuaJly sleeps.

10 19. Present

section 21 with some revision of language and sub­

section ( 4) constituting the present proviso of subsection (3), with correspond .ing renumbering of subsections (3) to (5). Subsection (7) is new.

10 6. A change of residence can be made only by actual removal with the intention to remain permanently in another place. 7. There can be only one residence. 8. A person while he remains in Alberta shall be deemed not to have lost his residence therein until he acquires another. Posting and Correction of Liab 19.

(1) In every electoral division other than a city constituency, each enumerator shall on the last weekday before nomination day (

a) complete, date at his place of residence and sign four copies of the list of electors compiled as afore­ said, (

b) forthw ith post up two of the copies for each polling subdivision in two of the most conspicuous public places within the polling subdivision, (~) forward the third copy to the returning offi..:er, and (

d) retain the fourth for revision .

(2) One of the places where a copy of the list is to be posted up shall be a conspicuous place outside and adjoining the main entrance to the polling place.

(8) The enumerator shall attach to each of the copies posted up by him a certificate and notice in Form 10 signed by him and designating a place within the polling subdivi­ sion w aere electors may find him between the hours of ten o'clock in the forenoon and four o'clock in the afternoon during the last two consecutive weekdays next before the polling day. ( 4) Notwithstanding subsection (S), where for the greater convenience of electors the polling place for a polling subdivision not included within the limits of a city or town but adjacent thereto has been fixed in the city or town it adjoins, the enumerator may designate a place at or near the polling place as the place where he may be found during the said two days. ( 6) After the posting up of the two copies of the list and before delivery of the certified copy to the deputy returning officer as provided in

section 28, the enumerator of any poll­ ing subdivision shall, between the hours of nine o'clock in the forenoon and ten o'clock in the afternoon daily, except Sunday, allow any candidate or any agent of a candidate to inspect or make a copy of the list prepared by the enumera­ tor for the polling subdivision.

(6) An enumerator who refuses or neglects to allow a candidate or an official agent to inspect or make, as herein provided, a copy of the list prepared by the enumerator is guilty of an offence and liable on conviction to a fine not exceeding twenty-five dollars.

(7) If the returning officer deems it expedient, he may print any or all of the copies of the list of electors compiled and submitted to him by the enumerators as aforesaid, and the returning officer may post up printed copies thereof in such places as he deems most conspicuous.

11 20. Present

section 22. This

section removed to Third

Schedule with respect to the "rules" and made to apply to "city constituencies" without exception. 91. Present subsections (2) and (3) of

section 22 with slight re­ vision of mode of expression. Present subsEction (4) omitted as pa.rts of city constituency not to be differentiated. 22. Present

section 23 with slight revision of language. 28. Present sections 2S and 24 with all reference to city con­ stituencies removed therefrom.

11 zo. The list of electors for each polling subdivision in a city constituency shall be made and dealt with according to the rules set out in the Third

Schedule under the heading "Rules for Compiling List of Electors in City Constituen­ cies". 21.

(1) In a city constituency, the returning office1· shall furnish free of charge one copy of the list filed with him to every candidate for the electoral division or his agent within twenty-four hours after two o'clock in the afternoon of the day fixed for nomination.

(2) A returning officer who refuses or neglects to furnish one copy of the list of electors upon request as herein pro­ vided or who refuses to allow any candidate or his agent to inspect or make a copy of the list as herein provided is guilty of an offence and liable on conviction to a fine not exceeding twenty-five dollars. 22. {1) If an enumerator, or in a city constituency the returning officer, at any time after posting up the list of electors and before the time fixed for the closing of the re­ vision of the list is fully satisfied from representations made to him by any creditable person and by independent inquiry that the name of any qualified elector has been omitted from the list of electors of the polling subdivision to which such elector belongs, the enumerator or the returning officer, as the case may be, shall add such name to the copy of the list in his possession below his own signature and shall attest such addition by his initials.

(2) If an enumerator or returning officer, as the case may be, in like manner is fully satisfied that there is on the list the name of any person who is not qualified as an elector of the polling subdivision, he may remove such name there­ from by drawing lines through the name and shall attest such 1·emoval by his initials.

(3) If an enumerator or returning officer, as the case may be, finds the occupation, or residence of any voter to be in­ accurately stated in the list, he may make the necessary alteration and affix his initials thereto in like manner. ( 4) A person who corruptly makes a false statement for the purpose of inducing an enumerator or a returning officer (

a) to omit the name of any person entitled to have his name entered on the list of electors, or (

b) to insert or retain on the said list the name of any person who is not entitled to have his name so in­ serted or retained, is guilty of an offence and liable on conviction to a fine of not more than one hundred dollars. 23.

(1) On the first of the days and at the time and place designated in the notice attached to the list posted up, the enumerator shall attend for the purpose of hearing: and dis­ posing of applications for the revision of the list.

12 24. New. Similar to clause 23 but provides for four days for revision and one day, the fifth, for issuing of certificates for ad­ vance polls. This applies only in the case of "city constituencies". ~IS . The present

section 26 subdivided in subs ections (1) and (2).

(2) At four o'clock in the afternoon on such day or so soon thereafter as all applications of persons present at such hour have been disposed of and the copy of the list retained by or supplied to him has been revised and corrected, he shall subscribe to and attach at the foot thereof close to the last name thereon a certificate in Form 13 and thereafter he shall make no change in the list except to note the granting of certificates as hereinafter provided.

(3) On the second of the days and at the time and place designated in the notice attached to the list posted up, the enumerator shall attend for the purpose of answering in­ quiries, granting certificates and having the list accessible to all persons who may apply to see it or take extracts there­ from. 24.

(1) In the case of a city constituency, the returning officer shall, on the first four of the days designated in the notice attached to the list posted up by the enumerator and at the time and place designated in the said notice, attend for the purpose of hearing and disposing of applications for the revision of the list.

(2) At four o'clock in the afternoon of the fourth day so designated or so soon after that hour as all applications of persons present at such hour have been disposed of and the copy of the list supplied to him has been revised and cor­ rected, the returning officer shall subscribe to and attach at the foot thereof close to the last name thereon a certificate in Form 13, and thereafter he shall make no change in the list except to note the granting of certificates as hereinafter provided, and to provide for inclusion therein of names ob­ tained pursuant to Division Two of the Rules for Compiling List of Electors in the Third Schedule.

(3) On the fifth of the days and at the time and place designated in the notice attached to the list posted up, the returning officer shall attend for the purpose of answering inquiries, granting certificates and having the list accessible to all persons who may apply to see it or take extracts there­ from. Advance Poll Certificates 25.

(1) Any qualified elector of an electoral division in which provision has been made for the holding of an advance poll - (

a) who is an invalid, or (

b) who deems it necessary to vote at such advance poll, may apply personally to the enumerator, or in a city con­ stituency to the returning officer, for "An Advance Poll Voting Certificate". ·

(2) If the applicant's name appears on the list of electors for the polling subdivision the enumerator or returning officer, as the case may be, shall grant a certificate in Form 14 and shall mark opposite the name of the elector on the list retained by him the words "Advance poll".

13 26. The present

section 27 with following changes: Subsection (1) divided into five subsections and tabulated in the new sub­ section (1): and wording revised.

• 13 Poll Officials' and Agents• Certificates 26. ( 1) A deputy returning officer, poll clerk, candidate or agent of a candidate (

a) whose name appears on the list of electors of a poll­ ing subdivision as that of a qualified elector, (

b) who is to be employed on polling day in some other polling subdivision, and (

c) who desires to vote at the poll in which he is so employed, may apply for a certificate that he is a qualified voter in his home polling !'lubdivision.

(2) If the home polling subdivision of the applicant is within the limitR of an electoral division other than a city constituency, the application shall be made to the emunera­ tor of such polling subdivision .

(3) If the home polling subdivi£>ion of the applicant is within the limits of a city constituency, the application shall be made to the returning officer of the electoral division. ( 4) The enumerator, or in a city constituency the return­ ing officer, if satisfied that the applicant is a qualified elector and that his name appears on the list of electors for the voter's home polling subdivision, shall grant such certificnte in Form 15.

(5) The enumerator or the retuming officer, as the case may be, shall grant such certificate in acc01·dance with the following provisions: (

n) he shall not issue any certificate until after iwo o'clock in the afternoon of the day ot: nomination, and he shall not issue any certificate in blank; (

b) he shall (

i) number each certificate in consecutive orde1· of issue, (ii) set out in w1·iting the name of the person to whom it is issued, (iii) certify that such person is a qualified elector, giving the number of the polling subdivision to which he belongs and the electoral division, and (iv) if the applicant is a deputy returning officer, poll clerk or agent, state the position and num­ ber of the polling subdivision to which he is appointed, which polling subdivision shall be in the same electoral division as ihe polling subdivision to which he belongs; (

c) he shall correctly date and sign each certificate and if he is an enumerator, shall give tlte number of the polling subdivision of which he is enumerator; (cl) he shall not issue a certificate to more than each of three agents of any candidate for use in any one polling subdivision and to such three only on the production by each of a written appointment as agent signed by the candidate.

14 2'7'. The present

section 27a with slight revision. 28. The present

section 28 with slight revision. 29. The present

section 29 with slight revision and tabulation in subsection ( 1), and revised slightly in following subsections.

(6) Upon the issue of any certificate as herein provided the enumerator, or in a city constituency the returning offi­ cer, shall mark on the list opposite the name of an elector to whom a certificate has been granted the words "certificate issued". 27. A person whose name appears on the list of electors of a polling subdivision of an electoral division other than a city constituency as that of a qualified elector and who de­ sires to vote at a polling subdivision other than that on the list of electors on which his name appears may apply for a certificate that he is a qualified elector in his home polling subdivision, and the provisions of

section 26 except clause (

d) of subsection (5) apply mutatis mutandis, to the grant­ ing of the said certificate and to the duties of the enumerator. 28.

(1) The enumerator or the returning officer, as the case may be, shall, after four o'clock in the afternoon of the day referred to in

section 23 or

section 24 hereof and before eight o'clock in the morning of the polling day, deliver the list of electors so certified to the deputy returning officer for the polling subdivision to which the list relates.

(2) Subject to such further correction on the polling day as herein provided, the list as received by the deputy re­ turning officer shall be the list of electors for the polling subdivision and shall be and constitute the polling list within the meaning of this Act. (

S) The enumerator of any polling subdivision in an electoral division other than a city constituency shall on the form provided deliver to the deputy returning officer with the certified copy of the list of electors a certified voucher of his fees as enumerator, according to the

schedule of fees adopted by order in council. Lists for By-Election or Plebiscite 29.

(1) Where a plebiscite, or an election other than an election held in the course of a general election, is to be held in an electoral division, then if (

a) the writ of election for such plebiscite or election is issued within one year after the issue of the writ of election for an election in that electoral division and issued in the course of a general election, and (

b) a list of electors was prepared for and in the course of the last mentioned election and is of record in the office of the Clerk of the Executive Council, the list of electors prepared and used for the purpose of the previous election shall be the list of electors for the subse­ quent plebiscite or election, as the case may be.

(2) In such event the Clerk of the Executive Council shall forward to the returning officer with the writ of election three certified copies of the list of electors for each polling place of the electoral division of record in his office.

15 3-0. The previous

section 30 re-arranged In !orm and wording for gl't!ater clarity of intent.

15 ( 3) The certified copies shall be delivered by the return ­ ing officer to the enumerators respectively appointed and each enumerator or each returning officer, as the case may be, shall post, revise, correct, certify, grant certificates and otherwise act in all respects as if such certified copies were lists of electors preliminari ly prepared, completed and signed by an enumerator or returning officer as in this Act provided. ( 4) The copy so revised and certified and as received by the deputy returning officer from the enumerator shall be the list of electors for the polling subdivision to which it relates.

(5) If there is in any electoral division a polling sub­ division for which a list of electors is not of record in the office of the Clerk of the Executive Council, a list for such polling subdivision shall for the purposes of any election or plebiscite be wholly prepared in the manner by this Act provided. Penalties for Non-performance of Duties 30.

(1) An enumerator or returning officer who cor­ ruptly (

a) omits from the list of electors the name of a person entitled to have his name entered thereon, or (

b) inserts or retains on the list of electors the name of a person who is not entitled to have his name so inserted or retained, is in each case guilty of an offence and liable on conviction to a penalty of one dollar and costs for each such omission, insertion or retention, or the penalty may be recovered by suit in the district court of the district in which the said electoral division is wholly or partially situated.

(2) The information may be laid or the suit may be brought, within one month from the time of the close of the revision of the said list, by any elector of the electoral divi­ sion or by anyone authorized by the Clerk of the Executive Council in that behalf, and the penalty is recoverable by distress or otherwise.

(3) Any penalty so recovered is payable to the elector laying such information or bringing such suit, or when the information is laid under the authority of the Clerk of the Executive Council, to the Province .

(4) Any party laying such information or bringing such suit shall deposit with the court the sum of twenty-five dol­ lars as security for costs, and if he fails to prove the charge (

a) the costs of such proceedings shall be paid by the complainant, (

b) the money deposited as security shall be paid to the party entitled thereto so far as necessary, and (

c) if the deposit is insufficient, execution for the balance may issue out of the district court upon a judge's order.

(5) Nothing in this

section shall be held to interfere with any other remedy provided by law against an enumera­ tor or returning officer for neglect or breach of duty. 31. A person is in each case guilty of an offence (

a) who, being an enumerator for a polling subdivision of a city constituency, wears the enumerator's badge issued to him at any time except during the time he is engaged upon making the house-to-house visita­ tion pursuant to Rule 2 of the Third Schedule, (

b) who, being such enumerator as aforesaid, wears any enumerator's badge other than the badge issued to him, or (

c) who, being a person other than an enumerator for a polling subdivision of a city consituency, wears any badge purporting to be an enumerator's badge. Nomination Qualification of Candidate 32. A person is qualified to be a candidate at an election if he or she is an elector of the full age of twenty-one years who is not disqualified by The Legislative Assembly Act, 1955, or by any other Act. Registration of Political 01·ganizcttion 33.

(1) At any time before the tenth day after the day upon which the writ was issued a political organization may, in respect of any one or more electoral divisions in the Prov­ ince, register itself with the Clerk of the Executive Council as a political organization that may desire to nominate candidates in such electoral divisions.

(2) In a form which may be prescribed by the Clerk of the Executive Council, the application for registration shall designate the official name of the political organization, the authorized designation of the political affiliation of its can­ didates at the election and the names of its representatives who are authorized to sign certificates on its behalf in such electoral divisions.

(3) The Clerk of the Executive Council shall maintain a list of registrations under this

section and as soon as pos­ sible after the tenth day after the issue of the writ shall inform the returning officer of each electoral division of any such registration and of the authorized designation of offi­ cial candidates thereof and of the authorized representatives, if any, of such registered political organization in the re­ turning officer's electoral division. ( 4) A registration under this

section expires after an election in the electoral division for which registration was made, but a further registration may be made in accordance with subsection (1) at any time after the election for which the previous registration was made.

JG 31. . The present sectio n 31. 32. The present

section 32 shortened by reference to the require­ ment that a candidate be a qualified elector of the full age of twenty-one years. 33. New. Registration of political organ1zation for the purposes of clause 34.

17 34. New. Makes provision for the designation with the political labe l of an official candidate of a party. 35. The present

section 33, subsections (1) and (2) thereof revised sl.i.ghtly and including a new requirement, viz, that a candidate state he is qualified to be a candidate, and in (2) (

d) referring to new "official candidate" status.

17 34.

(1) When a candidate is chosen in an electoral divi­ sion by a political organization registered under

section 33 in respect of that division, the registered representatives or any of them in that electoral division may issue a certificate certifying that the candidate so chosen is the official candi­ date of that political organization and entitled to be nomin­ ated as the official candidate of the registered political or­ ganization.

(2) When a political organization is registered under

section 33 in respect of an electoral division, the returning officer thereof (

a) shall not, for the purpose of nomination, accept a statement of a candidate's political affiliation to the registered political organization unless the candi­ date presents, with his nomination or within the time allowed for his nomination, the certificate re­ ferred to in subsection (1) duly signed by a regis­ tered representative of the political organization, and (

b) shall, if a candidate fails or is unable to present such certificate, designate the candidate's \)Olitical affiliation for the purposes of the nomination and election as being "Independent", unless the candi­ date designates his political affiliation otherwise than in the terms authorized by a registered political organization for its official candidate. Nomination P'rocedu1·e 35.

(1) Four or more electors may, at any time after the issue by the returning officer of the proclamation mentioned in

section 13 and before two o'clock in the afternoon of the day fixed for nomination, nominate a candidate by causing to be filed with the returning officer, a nomination paper in Form 16 signed before a justice of the peace, a commissioner for oaths, a notary public, or the returning officer.

(2) A nomination paper is not valid nor shall it be acted upon by the returning officer unless (

a) it contains a statement duly signed by the official in whose presence the signatures were made, setting forth that the same were in fact so made, (

b) it states an address within the Province at which legal process and notices or other documents issued or to be served either under this Act or under The Controve1·ted Elections Act mny be served upon the candidate, (

c) it is accompanied by the consent in writing of the person therein nominated except where such person is absent from the electoral division, in which case such absence shall be stated in the nomination paper, (

d) it is accompanied by a statement of the political affiliation of the person named therein, signed by the person therein nominated or by his official agent, or by a registered representative of the political or­ ganization as provided in

section 34,

16 36. Subsections (3) to (7) of present

section 33 revised, sub­

section (2a) relating to members of the Armed Forces at the time of the dissolution of the Ninth Legislative Assembly is omitted; subsections (2) and (3) herein have been altered to remove the reference to first preference votes; and subsections (2) to (5) herein have been amended to J,>rovide for a deduction of the cost of publishing statement of election e.xpensea as provlded in present

section 158 (2) ; number of votes required to hold deposit spelled out in (2) and (3).

18 (

e) it is accompanied by a statement duly signed by the candidate that he is qualified under

section 32 to be a candidate at that election except where the candi­ date is absent from the electoral division, (

f) the appointment , name and address of the official agent of the candidate (

i) is set over the signature of the candidate, or (ii) where the candidate is absent from the Prov­ ince, is filed on a separate sheet, and (

g) it is accompanied by a deposit of one hundred dol­ lars .

(3) Upon the foregoing requirements of this

section being complied with the returning officer shall give his receipt for the nomination paper and such receipt is in every case sufficient proof of the filing of the nomination paper and of the consent of the candidate.

(4) The leaving of a copy of any process, notice or other document at the address stated by the nomination paper pursuant to clause (

b) of subsection (2) shall be deemed for all purposes to be personal service upon the candidate of the process, notice or other document. 36.

(1) The returning officer shall accept the deposit mentioned in clause (

g) of subsection (2) of

section 35 if it is tendered (

a) in Bank of Canada notes, (

b) by a cheque drawn upon and accepted by any Treasury Branch of the Province of Alberta, (

c) by a cheque drawn upon and accepted by any chartered bank doing business in Canada, or (

d) partly in one and partly in another of such forms of tender, but he need not accept any form of tender of money other than one herein specified.

(2) The sum so deposited by any candidate in an election where there is only one member to be elected shall, subject to subsection (5), be returned to him in the event of his being elected or if he obtain a number of votes at least equal to one-half of the total number of votes polled for the candidate elected, or in the event of his withdrawal as provided in

section 42.

(3) The sum so deposited by a candidate in an election where there are more members than one to be elected shall, subject to subsection (5), be returned to him in the event of his being elected, or if he obtains a number of votes at least equal to one-half of the number of votes polled for the candidate elected with the least number of votes, or in the event of his withdrawal as provided in

section 42. ( 4) In the case of the death of a candidate after being nominated and before the closing of the poll the sum so de­ posited shall be returned to the personal representatives of the candidate subject to subsection (5).

19 31. The present

section 34, tabulated for easier reference. 38. The present

section 35: revised and tabulated for clarity. 39. The present

section 36; revised and tabulated.

(5) If a candidate does not obtain the number of votes stipulated in subsection (2) or subsection (3), as the case may be, the deposit less the cost of publishing the statement of election expenses as provided for in

section 165 shall be transmitted by the returning officer to the Clerk of the Executive Council and by him placed to the credit of the General Revenue Fund of the Province. Procedure on Nomination Day 37.

(1) Every returning officer on nomination day and at the place fixed in the proclamation (

a) shall proceed to the hustings, which shall be at such place that all electors may have free access thereto, (

b) shall at the hour of twelve o'clock noon read or cause to be read publicly in an audible voice the writ of election and the nominations that he has received, and (

c) shall from time to time until two o'clock in the afternoon of the day so read further nominations as he receives them.

(2) At the hour of two o'clock in the afternoon the re­ turning officer (

a) shall declare the nomination closed, and (

b) shall announce in an audible voice the names of the several candidates. Return by Acclamation 38. When only one candidate or only such a number of candidates as is required by law to be elected to represent the electoral division for which the election is held has or have been nominated within the time fixed for that purpose, the returning officer, (

a) shall forthwith declare such candidate or candidates elected, (

b) shall make his return to the Clerk of the Executive Council in Form 17 that such candidate or can­ didates, as the case may be, is or are duly elected for the electoral division, and (

c) shall as soon as possible thereafter forward to the Clerk of the Executive Council the writ of election and all ballot boxes and other election material not used or required for use in the election. The Granting of a Poll 39. If at the close of the time for receiving nominations more candidates than there are vacancies to be filled remain nominated, the returning officer (

a) shall announce the polling day and the day, hour and place at which the result of the election will be declared, and

20 40. The present

section 37. 41. Present

section 38; the 1·eference to "occupations" is changed to "political affiliations" to comply with present practice. 42. The prese.nt

section 39 in part, except that a candidate will not be permitted to withdraw later than 48 hours before the opening of the poll. Subsections (5) to (7) are new.

(b) 20 shall deliver a list of the candidates nominated to every candidate, or to any person authorized in writing by the candidate or any of his nominators to act on his behalf. Official Agent 40.

(1) Every candidate shall appoint an official agent whose name and address shall be declared in writing to the returning officer on or before nomination day and whose duties shall be as hereinafter defined.

(2) The returning officer shall announce at the place and on the day of the nomination, and shall on or immediately after the day of nomination publish the names and addresses of the official agents of the candidates in a newspaper pub­ lished within the electoral division, or in case no newspaper is so published, then in the newspaper published nearest thereto.

(3) In the event of the death or incapacity of his official agent, the candidate shall forthwith appoint another official agent in hie place and give notice to the returning officer of the name and address of the person appointed, which shall be forthwith published by the returning officer as provided in subsection (2). Election Notice 41.

(1) If a poll is necessary the returning officer shall with the least possible delay after the close of the nomination cause to be posted up at all the places where the proclama­ tion was posted up a notice in Form 18 of the holding of the poll indicating the names, residences and political affiliations of the candidates nominated in the order in which they are to be printed on the ballot papers.

(2) The returning officer may make or cause to be made upon the election notice so posted corrections of obvious errors and omissions at any time up to forty-eight hours of the time fixed by the p1·oclamation for the opening of the poll, and forthwith after such corrections are made shall give notice to the nominated candidates by registered letter or telegram addressed to the addressee given for such can­ didates in the respective nomination papers. Withdrawal of Candidate 42.

(1) At any time after his nomination but not later than forty-eight hours before the opening of the poll, a candidate may withdraw by filing with the returning officer a declaration in writing to that effect signed by himself and duly witnessed.

(2) If after such withdrawal there remains only one candidate for each vacancy to be filled, the returning officer (

a) shall forthwith return as duly elected the candidate or candidates so remaining, and

21 -t3. Present

section .0; subdivided ln subsections. "'"· Present sections ~1 and 42 combined.

21 (

b) shall proceed as directed in

section 38 of this Act.

(3) If pursuant to subsection (1) a candidate withdraws within forty-eight hours after two o'clock in the afternoon of nomination day, the sum deposited by him shall be re· turned to him. ( 4) If the candidate withdraws after the expiration of such period of forty-eight hours, the sum deposited shall be transmitted by the returning officer to the Clerk of the Executive Council, and by him placed to the credit of the General Revenue Fund of the Province.

(5) When after nomination day and after the ballot papers are printed, a candidate withdraws in an electoral division and there remain more candidates than there are members to be elected, the returning officer shall advise by letter or telegram, each deputy returning officer of his elec­ toral division of such withdrawal, and if time permits a notice of the withdrawal shall be printed by the returning officer and distributed to each deputy returning officer, who shall, on polling day, post up a copy of the printed notice of withdrawal in a conspicuous place in his polling place.

(6) When, in any such case referred to in subsection (5), time does not permit of the printing and distribution of the notice of withdrawal, the deputy returning officer, upon being advised by letter or telegram by the returning officer of the withdrawal of any candidate, shall himself prepare by hand a notice to that effect and post it up in a conspicuous place in his polling place.

(7) Whether or not the notice is received from the re­ turning officer or printed by himself, the deputy returning officer shall, when delivering a ballot to each voter, inform the voter of the withdrawal of any candidate. Death of a Candidate 43. ( 1) In any electoral division other than the electoral divisions of Edmonton and Calgary, if a candidate dies after being nominated and before the close of the poll, the return­ ing officer shall fix new days for the nomination of can­ didates and for polling.

(2) Nomination day shall be the nearest day practicable after allowing the required time between the pogting up of the proclamation and the nomination day.

(3) With his return to the Clerk of the Executive Council the returning officer shall report the cause of the postpone­ ment of the election. Proceedings Preliminary to the Poll 44. ( 1) If a poll is to be held the returning officer or election clerk shall, by a commission under his hand in Form 19, appoint a deputy returning officer for every polling place.

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

22 41. Present

section 43. 46. Present sections 44 and 45 combined. 41. Present

section 46: tabulated. 48. Present sections 47 and 48 combined.

(3) An enumerator if an elector in such electoral division may be appointed as deputy returning officer.

(4) Every deputy returning officer before acting shall take and subscribe the oath in Form 20 before a justice of the peace, a commissioner for oaths, a notary public, the returning officer or an election clerk, any of whom shall administer the oath free of charge .

(5) A person appointed as a deputy returning officer who refuses to accept the office or who after having accepted it refuses or neglects to take and subscribe the oath or to perform the duties of a deputy returning officer is guilty of an offence and liable on conviction to a fine of not more than one hundred dollars. 45. In case of the death, illness or absence of a deputy returning officer, or his refusal or neglect to act, the return­ ing officer may, by commission as provided in subsection (1) of

section 44, appoint another deputy returning officer to act in his stead, and the appointment and oath of the person so appointed shall be endorsed upon or attached to the poll book. 46.

(1) The deputy returning officer shall by commis­ sion under his hand in Form 21 appoint a person other than himself as poll clerk to assist him in taking the poll, and the poll clerk before acting shall take and subscribe the oath in Form 22, which oath may be sworn before a justice of the peace, a commissioner for oaths, a notary public, the re­ turning officer, an election clerk or the deputy returning officer, any of whom shall administer the oath free of charge.

(2) Notwithstanding the provisions of subsection (1), the returning officer in the electoral divisions of Edmonton and Calgary shall appoint a poll clerk for each polling place to assist the deputy returning officer in taking the poll, and subsection (1) applies m~ttatis nmtandis, to such appoint­ ment.

(3) Every person appointed poll clerk who refuses to accept the office or who after accepting it refuses or neglects either to take and subscribe the oath or to perform the duties of a poll clerk is guilty of an offence and liable on conviction to a fine of not more than forty dollars. 47. The poll clerk shall (

a) keep the poll book in Form 23, (

b) assist the deputy returning officer in the perform­ ance of his office, and (

c) obey the orders of the deputy returning officer. 48.

(1) If the deputy returning officer refuses or ne­ glects to perform the duties of his office, or from any cause becomes unable to perform them, and no other deputy re­ turning officer appointed by the returning officer appears at

23 49. Present

section 49. 60. Present

section 50 subdivided. 6:&.. Present

section 51; present subsection (1) subdivided into subsections (1) and (2) and tabulated; present subsection (4) subdivided into subsections (6) and .(7). Subsection (8) is new.

23 the polling place. the poll clerk shall. under the same penal­ ties as are hereinbefore imposed in like cases on a deputy returning officer. act as deputy returning officer and perform all the duties and be subject to all the obligations of that office without taking the oath of a deputy returning officer.

(2) Where a poll clerk acts as a deputy returning officer he may appoint by commission under his hand in Form 21 another person as poll clerk to assist him in the performance of the duties of his office. and may administer to him the oath. and such commission and oath shall be endorsed on or attached to the poll book. 49. If a poll clerk refuses or neglects to perform the duties of his office. or from any cause becomes unable to perform them. the deputy returning officer may appoint an­ other person as poll clerk and the commission and the oath shall be endorsed on or attached to the poll book. 50.

(1) The deputy returing officer may appoint a con­ stable. but shall not do so unless he considers such appoint­ ment necessary for the preservation of order at the polling place.

(2) A constable so appointed shall take and subscribe an oath in Form 24 before the deputy returning officer or other person entitled to administer the same. Polling Places 51.

(1) The returning officer on receiving the writ shall fix and provide for each polling subdivis ion a polling place in the place in the subdivision most central or convenient for the electors.

(2) Notwithstanding subsection (1). (

a) whenever the greater convenience of electors would be suited thereby. the polling place for a polling subdivision not included within the limits of a city or town but adjacent to a city or town may, instead of being fixed and provided in the polling subdivi­ sion, be fixed and provided in the city or town it so adjoins, (

b) in a city constituency where better facilities and accommodation can be provided outside the boun­ daries of a subdivision but adjacent thereto, the polling place instead of being fixed and provided in the polling subdivision may be fixed and provided outside the subdivision and adjacent thereto.

(3) The returning officer may take and use as a polling place any school house that is the property of any school district or school division organized by virtue of any Act. if the school house is convenient for that purpose.

(4) The building in which the polling place is situated shall not be a place where intoxicating liquor is sold and there shall be free access to the polling place for every voter.

24 6~. Present

section 52, subdivided as to subsection (1) and altered as to draft subsection (3) to apply generally and not only in a <:ity constituency as at present. 53. Present

section 53 slightly revised.

(5) If a poll is to be held the returning officer as soon after nomination day as possible, shall make certain that the required polling places are available.

(6) Whenever by reason of some unforeseen emergency it is found not to be practicable to have the polling place in the place designated in the proclamation, the returning officer may, after having given notice oy registered letter or tele­ gram to the candidates of his intention to change the polling place to another named place in the same polling subdivision and of the reason for such change, fix another polling place for such subdivision as near as practicable to the first place designated.

(7) In such event the returning officer shall affix or cause to be affixed to the place first designated a notice clearly and distinctly stating the new polling place, and the new polling place shall for all purposes be taken to be the polling place for the polling subdivision in the same way as though it had originally been designated as such in accordance with this Act.

(8) The returning officer shall have prepared conspicu­ ous signs advising the location of a polhng place and shall distribute signs to each deputy returning officer who shall place the sign or signs at such places as will best direct attention to the polling place. Divided Pollina' Subdivi1ion 52. ( 1) Where the list of electors for a polling sub­ division contains a large number of names, the returning officer shall provide additional polling places according to the total number of qualified electors, so that when equally divided not more than three hundred nor less than one hun­ dred and fifty names of qualified electors shall be on the list for each polling place.

(2) Such polling places shall be as near to one another as possible.

(3) Notwithstanding subsection (1), the returning offi­ cer may provide a polling place where there are more than three hundred names on the list of electors to be used at such polling place if he is satisfied that there will be ample opportunity for all voters presenting themselves to cast their ballots. 53.

(1) The returning officer in cases provided for by

section 62 shall prepare or cause to be prepared from the list of electors for the polling subdivision a separate list with approximately an equal number of names for each polling place arranged in alphabetical order according to the initial letter of the surname of each elector.

(2) Each separate polling place shall be designated by the initial letters of the surnames of the electors on the list who are to vote in such polling place in the following man­ ner: From A to K and from L to R and from S to Z, or as the case may be.

25 54. Present

section 53a, subdivided into subsections. 55. Present

section 54 subdivided into subsections. 56. Present

section 55. G'f. Present

section 56, subdivided and slightly re-arranged in phrasinr. .. 58. Present

section 57 &lightly rephrased in (

S) and (•i).

(3) An elector, the initial letter of whose surname is in­ cluded within the letters of the alphabet designating a poll­ ing place and whose surname is contained in such list may only vote in the polling place so designated . ( 4) The returning officer shall appoint a deputy return­ ing officer for each polling place and shall deliver to such deputy in due time a list certified by him to be a correct list of all electors on the list of electors whose surnames com­ mence with the letters of the alphabet by which the polling place is designated. 54.

(1) Before any general or other election, the Clerk of the Executive Council shall cause to be printed in con­ spicuous characters a notice relating to secrecy of voting as set out in Form 25, and shall place two copies of the notice in each ballot box sent out for delivery to the deputy re­ turning officer.

(2) The deputy returning officer shall post up one such copy in a conspicuous place outside the polling place and one copy in a conspicuous place within the polling place, and he shall ensure that they remain so posted up from the open­ ing to the close of the poll. 55.

(1) Every polling place shall contain one or more compartments so arranged that each voter may be screened from observation and may mark his ballot paper without interference or interruption. (2} Notwithstanding subsection (1), for polling places in the cities of Edmonton and Calgary, the Clerk of the Executive Council may give to the returning officer such instructions as are deemed necessary concerning the pro­ vision of compartments. 56.

In each compartment there shall be provided for the use of voters in marking their ballots a table, desk or shelf with a hard and smooth surface and a suitable black lead pencil, which shall be kept properly sharpened throughout the hours of voting . 57. (1} The rent for each polling place for which a deputy returning officer is appointed shall be the amount fixed therefor by order of the Lieutenant Governor in Coun­ cil, which amount shall include all charges for heating, lighting fixtures, lighting, caretaking and the use of table and chairs, if any, on the premises.

(2) Notwithstanding subsection (1), with respect to the electoral divisions of Edmonton and Calgary, the Lieu­ tenant Governor in Council may fix the amount of rent for polling places, separate and apart from the other charges mentioned in subsection (1). BaUot Boxes 58.

(1) The Clerk of the Executive Council shall provide the returning officer with a sufficient number of ballot boxes.

26 ·59. Present

section 58, subsection (3} altered to clarify meaning and to conform with printing practice\ subsection (6} new and pro­ vides tor a new ballot paper form wnere there are more than six candidates on the ballot; the order of the names and surnames have been reversed .

(2) The ballot boxes shall be made of some durable material, furnished with lock and key and so constructed that the ballot papers may be deposited therein but cannot be withdrawn therefrom without unlocking the boxes.

(3) At least two days before polling day the returning officer shall deliver to each deputy returning officer one ballot box, which shall contain election material of the nature, number or quantity set out in Form 26. ( 4) The property in the ballot boxes, ballot papers, mark­ ing instruments, books, papers and documents procured for or used at an election is vested in the Crown. Ballot Papen 59.

(1) The returning officer shall cause to be printed on the paper furnished to him as hereinafter provided a sufficient number of ballot papers, not being less than twenty-five per cent more than the total number of electors in the electoral division.

(2) There shall be printed on the ballot paper the name and surname of each candidate together with his address and political party or political affiliation as shown on the state­ ment accompanying his nomination paper, and the name or names shall be printed first with type not less than the size known as "eight point, caps", and the surname shall be printed second with type of the size known as "ten point, caps".

(3) In the case of a city constituency, the ba11ot papers shall be printed in batches of one hundred, and sha11 be so printed that upon the first batch the surnames of the candi­ dates are in alphabetical order, and that upon each succes­ sive batch the alphabetical order of the surnames is altered only by advancing each name one position and by placing at the bottom of the list the name that appeared at the top of the list in the preceding batch.

(4) In the case of any constituency other than a city constituency the surnames of the candidates shall be printed in alphabetical order.

(5) Every ballot paper shall be provided with a counter­ foil and a stub and there shall be a line of perforations between the ballot paper and the counterfoil and between the counterfoil and the stub.

(6) Where a ballot paper will contain less than six names of candidates, the ballot paper, counterfoil and stub shall be printed in Form 27, and where the ballot paper will contain more than six names of candidates, the ballot paper shall be printed in Form 28 and the counterfoil and stub as in Form 27.

(7) The ballot papers shall be printed upon paper of a weight of not less than that known to the printing trade as "substance number 20".

(8) The paper required for the printing of the ballot papers shall be furnished to the returning officer by the

27 80. Present

section 59 (1). 81. Present

section 59 (2) to (4) except that provision is made to permit the returning officer's stamp to be printed on the ballot paper instead of being impressed thereon personally. Present

section 59a is omitted as amendment in printing of stamp makes it unnecessary. ez. Present

section 60 subdivided. 83. Present

section 61 in Part. This

section has been altered to permit up to three advance polling places to be opened as an advance poll. Otherwise the

section has only been subdivided, tabulated and re-arransed, as to wording and phrasing in accord­ ance with present drafting practice.

27 Clerk of the Executive Council when the writ of election is transmitted to him, or as soon thereafter as required.

(9) The stub and counterfoil shall be numbered on the back, the same number printed or written on the stub as on the counterfoil.

(10) The ballot papers together with their counterfoils and stubs shall be bound or stitched in books containing ten, fifteen, twenty-five, fifty or one hundred as may be most suitable for supplying the polling subdivisions proportion­ ately to the number of electors in each.

(11) All ballot papers shall be of the same description and, subject to subsection (3), as nearly alike as possible.

(12) The name of the printer who prints the ballot papers shall appear on the back of each ballot paper and not on the stub or counterfoil.

(13) The printer shall with the ballot papers deliver to the returning officer an affidavit in Form 29. 60. The returning officer shall furnish each deputy re­ turning officer with a sufficient number of ballot papers to supply the electors on the list of electors of his polling place or polling subdivision and he shall keep a record of the num­ ber and the serial numbers of the ballot papers supplied. 61.

(1) Every ballot paper shall have printed thereon the stamp of the returning officer, which shall be printed from a cut of the stamp furnished to the returning officer by the Clerk of the Executive Council, the stamp being so printed on the ballot paper that when it is folded by a voter the stamp can be seen without the ballot paper being opened.

(2) The cut shall be specially designed and made for the purpose of the election, and shall be forwarded by the Clerk of the Executive Council to the returning officer so as to reach him on or about nomination day.

(3) The stamp shall show the name of the electoral divi­ sion, and shall show the year of the election, and shall be of such design that it will readily be recognizable. 62. ( 1) The returning officer shall furnish each deputy returning officer with at least two copies of the printed directions, in Form 30, for the guidance of voters.

(2) The deputy returning officer shall before or at the opening of the poll on polling day cause such printed direc­ tions to be posted up in conspicuous places, one outside and one inside the polling place. Advance Poll 63. ( 1) The returning officer shall establish not more than three special polling places for the purpose of enabling electors who are invalids, and electors who believe that they will necessarily be absent from their places of residence on

28 the day fi.'Ced for the election to vote in advance at an election held in the electoral division in which such electors reside.

(2) The advance polling places shall be established in central and convenient locations in each electoral division.

(3) An advance polling place shall be open between the hours of two and five, and seven and ten o'clock in the after­ noon of the Thursday, Friday and Saturday of the week preceding that of the election, and at no other times. ( 4) Except as provided in this section, an advance polling shall be conducted and all things done in respect thereof in the same manner as is provided by this Act for the conduct of an election in the electoral division in which the advance poll is located.

(5) The returning officer shall, on the proclamation re­ quired by

section 13, publish the place, dates and time fixed for the holding of an advance polling.

(6) A qualified elector whose name appears on the list of electors and who deems it necessary to vote at an advance poll may, at any time after the list of electors has been posted and before the approved copy has been given to the deputy returning officer, apply to the enumerator of the polling sub­ division in which he is entitled to vote, or in a city constitu­ ency to the returning officer, for an "Advance Poll Voting Certificate", which shall be in Form 14.

(7) If the applicant's name appears on the list of electors for the polling subdivision, the certificate shall be given by the enunmerator, or in a city constituency by the returning officer, and upon the granting of such certificate the enumer­ ator or the returning officer, as the case may be, shall write opposite the name of the elector on the list of electors the words "Advance poll" and the election officers at the elector's home polling place on polling day shall deem him to have already voted.

(8) If an elector who has obtained an advance poll voting certificate does not vote at the advance poll, he may vote on polling day at the polling place at which his name appears upon the list of electors, if before voting he surrenders his advance poll voting certificate to the deputy returning officer, who shall then and there cancel the certificate and the entry concerning it on the official list of electors, and thereupon the elector is entitled to vote as if the certificate had not been issued.

(9) An elector presenting a certificate and applying to vote at an advance poll shall first be requ1red by the deputy returning officer in charge of the polling place to make and sign the declaration in Form 14 in addition to any other oath that may be required of voters under this Act, and the declaration shall be attached to the certificate and kept by the deputy 1·eturning officer with his other records.

(10) A person who corruptly (

a) for the purpose of obtaining from an enumerator or a returning officer, as the case may be, an advance poll voting certificate, makes to such officer any false statement,

29 64. Remainder of present

section 61, namely subsections (8) to (11) thereof.

(b) 29 forges or fabricates an advance poll voting certifi­ cate or any name thereon, or not being the person named therein presents any such certificate to any deputy returning officer or poll clerk at any polling place, (

c) makes a false statement in any declaration made before a deputy returning officer, (

d) after having obtained an advance poll voting certi­ ficate votes or attempts to vote at any other than the advance poll, except upon the surrender on elec­ tion day of the certificate as is provided for herein, or (

e) in any other manner contravenes any of the pro­ visions of this section, is guilty of an offence and liable on conviction to a fine of not more than one hundred dollars. 64.

(1) The poll clerk at an advance poll shall after the name of each voter record in the poll book supplied for the recording of all such votes and in a column headed "Re­ marks", a note that such person has signed the declaration referred to in subsection (9) of

section 63.

(2) At the close of an advance poll on each day, the deputy returning officer and the poll clerk and also any candidate or agent of a candidate present who desires to do so shall affix their seals to the ballot box in such manner that it cannot be opened nor any ballot papers deposited in it without breaking such seals.

(3) The deputy returning officer shall at all times after the opening of the advance poll take every precaution to prevent any person whatsoever other than the poll clerk during the voting from having access to the ballot box.

(4) No seals placed on the ballot box shall be removed between the opening of the advance polling and the time fixed for the closing of the polls on election day, except only at the opening of the advance poll on the second and third days' voting, and then only such seals shall be removed as may be necessary to permit the insertion of ballot papers in the ballot box.

(5) At the close of an advance poll on the third day (

a) the deputy returning officer and the poll clerk and also any candidate or agent of a candidate present who desires to do so shall affix their seals to the ballot box in such a manner that it cannot be opened nor ballot papers deposited in it without breaking the seals, and (

b) the deputy returning officer shall take charge of and safely keep the ballot box until the closing of the poll on election day, when he and the poll clerk shall proceed as directed by

section 96.

30 66. Present

section 62 except that the time of voting has been made the same throughout the Province. 66. Present

section 63 subdivided and tabulated for easier reference. 6'T. Present

section 64 subdivided for easler reference.

30 Hours of Poll 65. In all polling places except in advance polling places, the yon shall be opened at nine o'clock in the forenoon and shal be kept open until eight o'clock in the afternoon of the same day. Preparatory to Opening the PoU 66.

(1) The deputy returning officer shall attend at the polling place at least fifteen minutes before the hour fixed for opening the poll.

(2) During such fifteen minutes agents and voters en· titled to be present in the polling place during voting hours are entitled (

a) to have the ballot papers intended for use thereat counted in their presence before the opening of the poll, and (

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

(3) In any electoral division other than a city constitu. ency (

a) each candidate may appoint in writing not more than three electors of the electoral division as agents to represent him at each polling place, (

b) in the absence of such appointments two electors of the polling subdivision on their own request may act as such agent, and (

c) each agent or elector acting as agent shall, on being admitted to the polling place, take the oath of secrecy in Form 49. ( 4) In a city constituency (

a) each candidate may appoint in writing one elector of the electoral division as agent to represent him at each polling place. (

b) in the absence of such appointment one elector of the polling subdivision on his own request may act as such agent, and (

c) each agent or elector acting as agent shall, on being admitted to the polling place, take the oath of secrecy in Form 49.

(6) An agent bearing a written authorization from the candidate is entitled to represent the candidate in preference to and to the exclusion of any two electors not authorized in writing. Thoae Entitled To Remain in the Polling Place 6'1.

(1) The deputy returning officer, the poll clerk, the interpreters, if any, the constable in the event of it being necessary to have one appointed, the returning officer and election clerk in the course of their duties, the candidates and their agents, and in the absence of agents, one elector

" 31 68. Present

section 65 tabulated and authority expressly given to returning officers and election clerks to remain in polllng places in course of duties. 69. New. Replaces present

section 66 dealing with the same subject matter.

•I 31 representing each candidate by his own request, and no other person, shall be permitted to remain in the polling place during the time the poll remains open and at the counting of the votes.

(2) The number of agents permitted to remain in the polling place shall not at any one time exceed (

a) one for each candidate in the electoral divisions of Edmonton and Calgary, and (

b) two for each candidate in any other electoral divi­ sion. 68.

(1) The deputy returning officer (

a) shall immediately before opening the poll show the ballot box to the persons present in the polling place so that they may see that it is empty, (

b) shall then lock the empty box and place his seal upon it in such a manner as to prevent its being opened without breaking the seal, (

c) shall place and thereafter keep the box on a desk, counter or table or otherwise so that it is raised above the floor in full view of all present, and (

d) shall keep the box so locked and sealed.

(2) Each voter upon entering the room where the poll is held shall declare his name and his place of residence and occupation, which particulars shall be entered in the poll book by the poll clerk, a consecutive number being affixed to each name.

(3) The deputy returning officer at any time (

a) may determine how many voters are to be allowed in the said room together, and (

b) may forbid the entrance of additional voters until some of those already in the room have left the room. Employee's Time To Vote 69. ( 1) An employee who is a qualified elector shall, while the polls are open on polling day at an election, have three consecutive hours for the purpose of casting his vote.

(2) If the hours of the employee's employment do not allow for such three consecutive hours, his employer shall allow him such additional time for voting as may be neces­ sary to provide the said three consecutive hours, but the additional time for voting shall be granted at the conveni­ ence of the employer.

(3) No employer shall make any deduction from the pay of any such employee nor impose upon or exact from him any penalty by reason of absence from his work during such three consecutive hours or additional time. ( 4) This

section extends to railway companies and to scheduled commercial air service companies and their em­ ployees, except such employees as are actually engaged in

., 32 '10. Present

section 67, subdivided, tabulated in subsections (1), (2) and (3) which are the present subsection (1). Some re­ phrasing for visual clarity. '11. Present

section 68 with slight revision of wording, and sub­ divuiion into subsections for visual clarity.

32 the operation and dispatch of railway trains and scheduled commercial aircraft and to whom the three consecutive hours mentioned in subsection (1) cannot be allowed with­ out interfering with the operation or dispatch of such trains or aircraft . ·

(5) An employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other way, inter ­ feres with the granting, to any elector in his employ, of the three consecutive hours for voting, as in this

section pro­ vided, is guilty of a corrupt practice and of an offence and liable on conviction, (

a) in the case of an individual, to a fine not exceeding one hundred dollars, and (

b) in the case of a corporation, to a fine not exceeding three hundred dollars. Who May Vote 70.

(1) Any person whose name is on the list of electors for a polling place may vote at an election (

a) if he has not obtained an advance poll voting certi ­ ficate at an advance poll, (

b) if he has not obtained an enumerator's certificate to enable him to vote at some other polling place, at which he is employed, (

c) if having obtained either an advance poll voting certificate or an enumerator's certificate he delivers such certificate to the deputy returning officer un­ used, to be cancelled, and (

d) if, should he be required to do so, he takes the oath to be taken by a voter in Form 31.

(2) Any candidate, agent or elector may require that the oath in Form 31 be taken by any person applying to vote.

(3) Where a deputy returning officer has reason to be- lieve that a person offering to vote (

a) is not a qualified elector, (

b) has already voted, (

c) is tendering his vote under a false name or designa ­ tion, (

d) is personating an elector, or (

e) is representing himself falsely as being on the list of electors, the deputy returning officer shall administer the prescribed oath to the voter whether the deputy returning officer has been required to do so or not. ( 4) A deputy returning officer who fails to administer the prescribed oath as required by subsection (2) or (3) is guilty of an offence and liable on conviction to a fine not exceeding two hundred dollars. 71.

(1) If before being permitted to vote a person whose name is on the list of electors is required to take the oath in Form 31 and refuses to do so, his name shall be removed

33 '12. Present

section 69 subdivided and tabulated for visual darity. Subsection (5) introduces the permanent Registry of Electors , which will apply only to Edmonton and Calgary.

38 from the list by drawing lines through his name on the list of electors and in the poll book if his name has been entered in the poll book, and the words "refused to be sworn" written thereafter.

(2) No person whose name is so removed from the list of electors shall receive a ballot paper or be permitted to vote at the election. 72.

(1) In any electoral division other than a city con­ stituency every person otherwise qualified to vote at a poll (

a) whose name is not on the list of electors, and (

b) who is vouched for by an elector (

i) whose name appears upon the list, (ii) who is a resident in the polling subdivision, and (iii) who, for the purpose of vouching, may be ad- mitted to the room at the same time as the applicant voter, may make application to the deputy returning officer while the poll is open to have his name added to the list.

(2) The deputy returning officer shall administer to the applicant the oath in Form 31 and the elector vouching for the applicant the oath in Form 32, and such oaths having been taken by the applicant and by such elector, the deputy returning officer shall at once cause the applicant's name to be added to the list of electors with the word "sworn" written thereafter.

(3) The name and particulars of the applicant shall be entered in the poll book, followed by the name and particu­ lars and number on the list of electors of the elector who vouched for him, followed by the word "sworn" and the applicant may thereupon vote. ( 4) No resident elector shall vouch for more than one applicant voter.

(5) In the city constituencies of Edmonton and Calgary, every person otherwise qualified to vote whose name is not on the list of electors but whose name is on the Registry of Electors maintained under Division II of the Rules for Com­ piling List of Electors in the Third

Schedule to this Act may while the poll is open make application to the returning officer and he may cast his vote in a special ballot box to be kept by the returning officer for the purpose and all the provisions of this Act relating to voting, presence of persons in the polling place, swearing in of voters and secrecy of the ballot paper apply m~ttatis m'tttandis thereto.

(6) A person (a} who votes or wbo ·attempts to vote under this sec- tion, knowing he has no right to vote, (

b) who takes a false oath, (

c) who falsely vouches for an applicant voter, or (

d) who induces or procures or attempts to induce or procure or who aids and abets any other person to vote or attempt to vote hereunder, knowing such person has no right to vote,

'7'3. Present

section 70, tabulated for visual simplification. '14.. Present sectio11. 71 tabulated. 'TIS. Preseent secti<m 72. 'TG. Present

section 73. '1'1, Present

section 74, rephrased slightly . '18. Preeent

section '15.

34 is guilty of an offence and liable on conviction to a fine of not less than one hundred dollars, and in default of payment to imprisonment for not more than three months. 73.

(1) A deputy returning officer, candidate, agent or poll clerk who belongs to a polling subdivision other than the one at which he is employed as such on polling day may vote at the polling place where he is so employed if he (

a) produces a certificate in Form 15 from the enumera~ tor of the polling subdivision to which he belongs or in a city constituency from the returning officer, (

b) files the certificate with the deputy returning officer, and (

c) takes, if required, before either the deputy return- ing officer or poll clerk the oath in Form S3, and there shall be entered in the poll book opposite the voter's name in the column for remarks a memorandum stating the particular office or position that the voter is filling at the polling subdivison.

(2) A deputy returning officer, candidate, agent or poll clerk before being allowed to vote at his home polling sub­ division may also be required by any candidate or agent present to take the oath to be administered to voters in Form 31 which may be administered by the deputy returning officer or poll clerk. 74. A deputy returning officer, candidate, agent or poll clerk (

a) who votes at an election when he is not qualified to do so as provided by this Act, or (

b) who though qualified to vote, votes more than once at an election, is guilty of an offence and liable on conviction to a fine of not less than fifty nor more than two hundred dollars. 75. If a deputy returning officer is an elector on the list of electors at the polling place at which he has been ap­ pointed to act, the poll clerk or in his absence the agent of a candidate authorized to be present may administer to him the oath to be taken by a voter. 76. Not more than three agents for one candidate shall vote in any one polling place. 77.

A deputy returning officer may, and when he is re­ quired to do so by any candidate or agent of a candidate shall, administer to any voter the oath in Form 31. 78.

(1) A person who has refused to take the oath when required to do so shall not receive a ballot paper or vote.

(2) A deputy returning officer who receives such vote or causes the same to be received is guilty of an offence and

35 '19. Present

section 76, slightly reworded to conform to' earlier reference to "removals" by drawing lines through a name, rather than "erasures by drawing lines". · 80. Present

section 77; subdivided and revised. 8l.. Present

section 78; revised to express meaning less am­ biguDusly and tabulated for visual clarity. 82. Present

section 79, aJ,tered to specify words to be used to inform voter how to vote under the "X" system. 83. Present

section 80; subsection . (1) tabulated; subsection (2) revised in wording and tabulated for clarity.

35 liable on conviction to a fine of not more than two hundred dollars and to imprisonment for a term not exceeding six months. 79. In any electoral division other than a city constitu­ ency the poll clerk shall make such additions, alterations and removals in the list of electors and such entries in the poll book as the deputy returning officer directs him to make and as are required by any provision of this Act. 80.

(1) As soon as the ballot paper has been deposited in the ballot box the poll clerk shall enter in the poll book opposite the name of the voter the word "Voted".

(2) The poll clerk shall also enter in the same book the words "Sworn'' or "Affirmed" opposite the name of each voter to whom the oath has been administered and the words "Refused to be sworn'' or "Refused to affirm" opposite the name of each elector who has refused to take any oath that he has been required to take. 81. An elector who presents himself to vote shall receive from the deputy returning officer a ballot paper (

a) on the back of which the deputy returning officer has previously put his initials so placed, as indicated in Form 27, that when the ballot paper is folded they can be seen without opening it, and (

b) on the back of the counterfoil on which he has placed a number corresponding to that placed opposite the voter's name in the poll book. 82.

(1) In an electoral division where one member is to be elected, the deputy returning officer shall, without inquir­ ing or ascertaining for whom the voter intends to vote, except in the cases provided for by

section 83, instruct the voter how to mark his ballot paper in the following or like words: "Mark the ballot by placing an 'X' opposite the name of the candidate of your choice."

(2) In an electoral division where two or more members are to be elected, the deputy returning officer shall, without inquiring or ascertaining for whom the voter intends to vote, except in the cases provided for by

section 83, instruct the voter how to mark his ballot paper in the following or like words : "Mark the ballot by placing an 'X' opposite the names of not more than (stating the numbe1· of mem,be?·s to be elected) candidates of your choice." Voter Incapacitated 83. ( 1) The deputy returning officer on the application of any voter who is unable to read or who is incapacitated from any physical cause other than blindness from voting in the manner prescribed by this Act (

a) shall require the voter making such application to take before him the oath in Form 34, (

b) shall thereafter assist such voter by marking his ballot paper in the manner directed by such voter in

36 84. Present

section 81, subsection (1) subdivided into sub­ sections (1) and (2) herein and tabulated; subsection (2) revised and becomes subsection (3) herein, subsection (4) present sub­ section (3) expanded to include rest homes and homes for the aged and infirm. Present

section 8la relating to votes of servicemen is omitted.

36 the presence of the poll clerk and of the agents of the candidates in the polling place and of no other person, and (

c) shall place the ballot paper so marked in the ballot box. ·

(2) In the case of a voter who by reason of blindness is incapacitated from voting in the manner prescribed by this Act (

a) the deputy returning officer, if required to do so by such voter and if the voter is accompanied by a friend, shall, after the voter has taken the oath in Form 34, permit the friend, upon his taking before the deputy returning officer an oath in Form 35, to accompany the voter into a voting compartment for the purpose of marking the voter 's ballot paper, and (

b) the ballot paper when marked shall be delivered by the voter or the friend to the deputy returning offi­ cer to be placed by him in the ballot box. ( 3) When a ballot paper has been marked in any manner provided in this section, the deputy returning officer shall enter or cause the poll clerk to enter in the poll book opposite the name of the voter, in the column for remarks, in addition to any other requisite entry, the reason why such ballot paper was so marked. Hospital Voting 84.

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

a) shall appoint a deputy returning officer and a poll clerk to take a poll of the votes of the patients then being inmates of the hospital but of no other per­ sons whatsoever, and (

b) shall fix a period on election day for the taking of the poll, and appoint the times at which the poll shall be opened and closed.

(2) During the time fixed for taking the poll, the deputy returning officer and poll clerk, accompanied by an officer of the hospital and by the representatives of the candidates, if any, (

a) shall attend with a ballot box upon such patients as the superintendent or other person having charge of the hospital certifies to the deputy returning officer in writing under his hand to be bona fide patients in the hospital, and to be well enough to vote, and (

b) shall take the vote of any such patient who wishes to vote.

37 85. Present

section 82 subdivided with respect to present sub­section (1) and revised . 8$. Present

section 83. 8'1. Present

section 84. 88. Previous

section 85 (1) altered to remove reference to the transferable vote and to provide for the multiple member con­stituency. 89. New. Replaces the transferable and proportional represen­ tation voting system now referred to in present

section 85.

(3) Every hospital at which a poll is taken under this

section is a polling place within the meaning of this Act and sections 66 to 97 apply, mutatis rnutandi.s· and so far as the same are applicable, to the holding of a poll under this

section and to all proceedings in connection therewith or incidental thereto. ( 4) For the purposes of this

section the word "hospital" includes sanatoria, rest homes and homes for the aged or infirm, but does not include any hospital within the meaning of The Mental Disea.ses Act or any hospital within the mean­ ing of The Mental Defectives Act. Interpreter 85.

(1) If an elector does not understand the English language, the deputy returning officer may employ an inter­ preter to translate the oath as well as any lawful question necessarily put to or by the voter and the answers thereto.

(2) Before acting as interpreter the interpreter shall first take the oath in Form 36.

(3) If no interpreter is found or presents himself at the polling place the elector shall not be allowed to vote. 86. A voter shall vote without undue delay and shall leave the polling place as soon as his ballot paper has been placed in the ballot box. 87. While a voter is in a compartment for the purpose of marking his ballot paper no other person shall be allowed to enter the compartment or to be in a position from which such other person can see for whom the voter marks his ballot paper. Mode of Marking the Ballot Paper 88.

(1) In an electoral division where one member is to be elected, an elector shall have one vote only.

(2) In an electoral division where more than one member is to be elected, an elector shall have as many votes as there are members to be elected and no more. · 89.

(1) A voter on receiving his ballot paper shall forth­ with proceed into one of the compartments of the polling place and there, with the black lead pencil provided, mark his ballot paper by placing a cross, thus X, on any part of the space containing the name of the candidate or candidates for whom he intends to vote.

(2) The voter shall then fold the ballot paper so that the initials and stamp on the back of it and the numbers on the counterfoil can be seen without opening it, and shall then hand the ballot paper so folded to the deputy returning officer.

38 90. Present

section 86, subdivided, tabulated and revised in sub­ section (2) to indicate more clearly the case referred to. 91. Present

section 87. 9.Z. Present

section 88 subdivided and revised to obtain uniform mode of expression. 93. Present

section 89 subdivided and revised to l'emove slight uncertainty and awkwardness in the section.

(3) The deputy returning officer without unfolding the ballot paper (

a) shall ascertain by examining his initials and the stamp and the number on the counterfoil that it is the same ballot paper that he furnished to the voter, (

b) shall then in full view of all present, including the voter, remove the counterfoil and tear it up or other­ wise destroy it, and (

c) shall place the ballot paper in the ballot box. Declined Ballots 90.

(1) A person who receives a ballot paper shall not take it out of the polling place.

(2) Where a person who receives a ballot paper leaves the polling place without delivering the ballot paper or re­ turns his ballot paper declining to vote, such person forfeits his right to vote and the deputy returning officer (

a) shall make an entry in the poll book in the column for remarks to the effect that such person received a ballot paper but took it out of the polling place, or returned it declining to vote, as the case may be, and (

b) in the latter case shall immediately write the word "Declined" upon the ballot paper and preserve it to be returned to the returning officer. 91. (

I) If a person representing himself to be an elector applies for a ballot paper after another person has voted in the name of such elector he is entitled to receive a ballot paper and to vote after taking the oath and otherwise estab­ lishing his identity to the satisfaction of the deputy return­ ing officer.

(2) The name of the voter shall be entered in the poll book and a note shall be made stating the fact that he voted after taking the oath, the objections, if any, made and the names of the candidates on behalf of whom the objections were made. Cancelled Ballot Papers 92.

(1) A voter who has inadvertently dealt with his bal­ lot paper in such manner that it cannot be conveniently used may obtain another upon returning the first mentioned bal­ lot paper to the deputy returning officer.

(2) The deputy returning officer shall immediately write the word "Cancelled" upon the first mentioned ballot paper and preserve it to be returned to the returning officer. 93.

(1) A person who applies for a ballot paper shall by so doing be deemed to tender his vote or to offer to vote.

(2) A person who has placed his ballot paper, or caused it to be placed, in the ballot box, or has delivered it to the deputy returning officer or poll clerk for the purpose of having it placed in the ballot box, shall be deemed to have voted.

94. Present

section 90, subsections (1) to (6) altered td provide for the non-transferable vote system and subdivided and revised for ease of reference. Subsection (6) is new; subsection (7) pre­ sent subsection (1) of

section 39 in Part and revised.

Proceedings After Closing the Poll 94. ( 1) Immediately after the closing o~ the poll the deputy returning officer shall first place al) cancelled and declined ballot papers in a separate envelope which he shall at once seal.

(2) The deputy returning officer shall then count the number of electors whose names appear on the list of elec­ tors and the number of voters whose names appear by the poll book to have voted and shall make an entry thereof in the poll book on the line immediately below the name of the voter who voted last, thus : "Number of names on list ....................... . "Number who voted ................................ .. "We hereby certify that the above statement is correct. "Dated at .. ................................................................ , 19 ........ .

Poll Cle1·k Deputy Retu?·ning Office?·" and he and the poll clerk and such of the agents of the candi­ dates as are present and desire to do so shall sign their names thereto.

(3) The deputy returning officer shall then in the pres­ ence of the poll clerk and of such of the candidates or their agents as are then lawfully present, open the ballot box and count the number of the ballot papers therein and shall record the result. ( 4) If there are more ballot papers in the box than there should be according to the poll book, any ballot paper that has not on its back the initials of the deputy returning officer or that is otherwise invalid according to this Act shall be set aside.

(5) The deputy returning officer shall reject any ballot papers (

a) that have not been supplied by him, (

b) on which a cross or X is not marked, but subject to subsection ( 6) , or (

c) on which there is any writing or mark by which the voter can be identified, but no word, letter or mark written, made or omitted to be written or made by the deputy returning officer on the ballot paper makes it void or warrants its rejection .

(6) Where a voter has, with an honest intention in favour of one of the candidates whose name is upon a ballot paper and without any apparent intention of identification, marked his ballot paper with some mark other than a cross mark (

X) or marked his ballot paper with a pen or pencil other than the pencil provided, clearly indicating in either case an intent to mark in favour of a name, it shall be deemed a sufficient vote for the candidate in whose favour the same is so marked, but not if a cross mark and other mark or either appear for more candidates than there are members to be elected.

95. Present

section 90, subsections (7) to (14); altered so as to remove reference to "first preference" votes--subdivided and tabu­ lated for easier reference.

(7) A vote cast for a candidate who has withdrawn is void in so far as it affects that candidate, and shall be dis· regarded, but a ballot paper on which such a vote occurs shall not merely on that account be held invalid as 1;egards the votes thereby given for other candidates.

(8) The deputy returning officer shall make a note in the poll book of every objection taken to a ballot paper by an agent of any of the candidates or an elector present, and each objection shall be numbered and a corresponding num. ber placed on the back of the ballot paper and initialled by the deputy returning officer.

(9) The deputy returning officer shall decide any question arising out of the objection, but his decision may be reversed or modified by the returning officer, whose decision is final, subject only to reversal of an appeal, recount or final addi­ tion of votes as hereinafter provided. 95.

(1) All the valid ballot papers shall be examined and arranged in parcels according to the name of each can­ didate marked with a cross or (X).

(2) The deputy returning officer shall then count the number of ballot papers in each parcel of valid ballot papers and credit each candidate with the total of his respective parcel.

(3) After the number of votes recorded for each candi. date has been ascertained the result may be announced to the public. ( 4) The deputy returning officer shall make out a state­ ment in triplicate in Form 37, which statement shall forth­ with be signed by him and the poll clerk and such of the agents of the candidates as are present and desire to sign it, and (

a) one copy of the statement shall be attached to the poll book, (

b) another copy shall be retained by the deputy return· ing officer, and (

c) the third copy shall be enclosed by the deputy re­ turning officer in a separate envelope supplied for the purpose, and handed to the returning officer, or placed iti the ballot box.

(6) After making and signing the last mentioned state­ ment the deputy returning officer shall deliver to the agents of each of the candidates, or in the absence of agents, to the electors present and representing the candidates, a certifi­ cate in Form 38. ( 6) The deputy returning officer (

a) shall then place th43 ballot papers for each candidate in a separate en felope provided for the purpose, marking on the outside of the envelope the name of the candidate whlse ballot papers are contained therein, and

41 96. Present

section 90, subsection (15) altered to provide for the (

X) voting system. 97' • Present

section 91, altered by the addition of a provision relating to address label (see subsection (4) (

a) herein) otherwise only subdivided and tabulated for easier reference.

41 (

b) shall then place the said envelopes in a large en­ velope provided for the purpose which he shall seal and endorse so as to indicate the contents and any agent present may write his signature ac,ross the flap of the envelope and may affix his seal~

(7) The deputy returning officer shall put the rejected ballot papers and the unused ballot papers into separate envelopes and shall endorse each so as to indicate the con­ tents and shall seal the same, and any agent present may write his signature across the flap of each envelope or parcel, and may affix his seal.

(8) The deputy returning officer shall then place or cause to be placed in the ballot box (

a) the list of electors, (

b) the different envelopes containing the ballot papers, and (

c) the poll book and other documents that were used at the election, and shall then immediately lock and seal the ballot box with his seal and with the seals of such of the agents of the candidates as desire to affix their seals.

(9) Immediately after the completion of the counting of the votes, the poll clerk shall take and subscribe the oath in Form 39. 96. At the hour fixed for the closing of the poll on elec­ tion day the deputy returning officer of an advance poll and his poll clerk shall attend with the ballot box at the place where the advance poll was held and then, and not sooner, in the presence of such of the candidates or their agents as attend, (

a) shall open the ballot box, (

b) shall count the ballot papers for each of the candi­ dates, and (

c) shall, as near as may be, take all other proceedings as provided in sections 94 and 95 in connection with the conduct of an election after the closing of the poll. Return of Ballot Bo~ 97.

(1) The deputy returning officer after locking and sealing the ballot box shall enclose the key in an envelope supplied for the purpose, and as soon as possible thereafter shall personally deliver the ballot box and key to the re­ turning officer, or his agent appointed to call for it.

(2) Notwithstanding subsection (1), if the returning officer lives a distance away and a post office or express office is near at hand, the deputy returning officer may send the ballot box and key to the returning officer by registered mail, or the box by express and the key by registered mail.

42 98. New; replaces sections 92 to 94, which now prDvide tor count­ing where one member is to be elected and two candidates go to poll, and in the case where more than two go to the poll. This change arises out of the X voting systern here provtded for. 99. New (see note to clause 98).

(3) Where the deputy returning officer is unable to attend to the return of the ballot box and key owing to illness or other imperative cause, he shall (

a) deliver them to the poll clerk, or where the poll clerk is unable to act, to some reliable messenger, (

b) write on the box or on a ticket attached thereto the name of the person to whom the box and key have been delivered, and (

c) take a receipt therefor in Form 40. ( 4) The poll clerk or person so chosen shall (

a) without delay deliver or mail the ballot box and key or mail the key and express the ballot box to the returning officer, having first attached to the ballot box a label on which the name and address of the returning officer is clearly indicated, (

b) take before the returning officer, election clerk, a justice of the peace, a commissioner for oaths or a notary public, the oath in Form 41, and (

c) personally deliver such oath or transmit it by registered mail to the returning officer. ( 5) The deputy returning officer after the closing of the poll (a} shall take and subscribe before the returning officer, election clerk, a justice of the peace, a commissioner for oaths or a notary public the oath in Form 42, and (

b) shall personally deliver such oath or transmit it by 1·egistered mail to the returning officer.

(6) The deputy _returning officer before leaving the poll­ ing place shall see that vouchers in duplicate for all fees and expenses of poll officials, and rent are properly filled out and certified. (7} The vouchers referred to in subsection ( 6) shall not be put into the ballot box but shall be delivered or mailed to the returning officer. Count by Retumina' Oftic:er Where One Member ia to be Elected 98.

Where one member is to be elected and there are more candidates than there are members to be elected, the returning officer of the electoral division shall provide adequate quarters and facilities for receiving and counting the ballot papers received from all the deputy returning officers of the electoral division. 99. No person shall be allowed in the room where the counting is taking place except (

a) the returning office.r, election clerk or clerks, and the sorting staff, if any,

43 100. New (see note to clause 98}. The rules for counting are being placed in a ~hedule so that they may all be together. l:01. Adapte4 from provisions now in 92 (1) and 93 (1). 102. Present

section 95, subsections (1) and (2). 1&3. Present subsection (3) (c), of seetion 95, further tabulated in \ ) I

43 (

b) deputy returning officers in the discharge of their duties, and (

c) on behalf of each candidate (

i) not more than two agents, or (ii) the candidate himself and not more than one agent, 100. The counting of votes and proceedings subsequent thereto shall be according to the regulations contained in the Fourth Schedule. · 101.

(1) On the counting of votes, the returning officer shall make a note in the poll book of every objection taken to a ballot paper by a candidate or his agent and shall decide any question arising out of the objection.

(2) The returning officer shall give his decision thereon irrespective of whether or not such question has already been decided by the deputy returning officer and of the nature of his decision, if given.

(3) The decision of the returning officer thereon is final, subject to appeal, recount or final addition of votes as here­ inafter provided. Count by the Returning Officer Where More Than One Member ia to be Elected and There are More Candidates than there ~ Members to be Elected 102.

(1) Where more than one member is to be elected and where there are more candidates than there are mem­ bers to be elected, the returning officer of the electoral division shall provide adequate quarters and facilities for receiving and counting the ballot papers received from all the deputy returning officers of the electoral division.

(2) For the purpose of checking and counting the ballot papers, the Lieutenant Governor in Council shall appoint one or more supervisors and a staff of sorters all of whom shall be under the supervision of the returning officer. 103. No person shall be allowed in the room where the counting is taking place except (

a) the returning officer, election clerk or clerks, the supervisors, if any, and the sorting staff, (

b) deputy returning officers in the discharge of their duties, and (

c) on behalf of each candidate (

i) not more than two agents, or (ii) the candidate himself and not more than one agent.

44 104. New; the rules for counting of votes are being placed in a Schedule. 106-. Present

section 96 reworded to conform to earlier altera­ tions. 1.00. Present

section 97 revised slightly and subdivided. 10'7. Preee~

section 98 subdivided and tabulated for easier reference, and subsection (6) added to require recommendations re polling subdivision changes.

44 1.04. The counting of votes and the proceedings subse­ quent thereto shall be according to the regulations contained in the Fourth Schedule. Death of Member for Multi-Member Electoral Division 1.05. If one of the members for a multi-member electot·al division dies or resigns, or i