Bill 39 — Fust Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill Local Authoritiesr Bm(Stwhm>T (Legislature 20, Session 1)

L20 S1 3659

Alberta — Bills

1983 BILL 39 FUst Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL LOCAL AUTHORITIESr Bm(StWHM>t THE MINISTER OF MUNICIPAL AFFAIRS Fust Reading Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 39 BILL 39 1983 LOCAL AUTHORITIES ELECTION ACT (Assented to . 1983) TABLE OF CONTENTS

Definitions 1 PART1 ELECTION PROCEDURE Joint elections 2 District board elections 3 Procedure modification 4 Ministerial powers 5 Voting on by-law or question 6 First elections 7 Term of ofiice 8 General term of oflBce 9 Election day 10 Summer villages ^ 1 Appointment of returning officers 12 Duties of returning officer 13 Election clerk ^^ Constable ^^ Oath 16 Substitute returning officer ^ ^ Substitute deputy, election clerk, etc. 18 Secretary's duties ^^ Administration of oaths ^0 Qualification of candidates ^ ^ InehgibiUty ^^ InehgibiUty for nomination ^3 Re-election ^^ Nomination day ^^ Notice of nomination day •'" Form of nomination ^' Nominations ^° Deposit ^" Disposition of deposit ^^ Insufficient nominations ^^ Withdrawal of nomination •'^ Death of candidate ^^ Election by acclamation •'^ Notice of election -' -^

PART 2 VOTING PROCEDURE Voting subdivisions 36 Voting stations 37 Compartments for voting 38 Ballot boxes 39 Locking of the ballot box 40 Printing of ballots 41 Names on ballot 42 Contents of ballot 43 Form of ballot 44 Instructions for voters 45 Voting hours 46 Eligibihty to vote 47 Rules of residence 48 List of electors 49 Enumerators' appointment and identification 50 Access for campaigners and enumerators 51 Declaration of elector eligibihty 52 Notice of objection 53 Voting register entries 54 Secrecy of vote 55 Maintenance of secrecy 56 Number of votes 57 Voting time for employees 58 Entries in voting register 59 Delivery of ballot 60 Explanation of manner of voting 61 Marking of ballots 62 Disposal of marked ballot 63 Deemed voting 64 Replacement of spoiled ballot 65 Elector declining to vote 66 Persons at voting station 67 Prohibited removal of baUots 68 Candidates' agents 69 By-law agents ^f' Proof of appointment ^' Interpreter ^^ Advance vote ^^ Notice of advance vote " Advance vote stations '^ Advance vote quahfications ^" Elector's declaration ^^ Incapacitated elector at voting station ]• Incapacitated elector at home '' Institutional vote staff °^ Attendance at an institutional vote f Institutional vote procedure ° Election officials' vote °^ Voting machines °^

PART 3 POST-VOTE PROCEDURES Coimting of votes Void baUots Note of objection Ballot account Signatures to ballot account

Certificate in voting register 90 Packets of ballots 91 Sealing ballot packets 92 Sealing ballot boxes 93 DeUvery of ballot box and ballot accoimt 94 Election results 95 Declaration of vote result % Declaration of election result 97 Recoimt 98 EquaUty of votes 99 DeUvery of election material 100 Disposition of election material 101 Order for inspection of baUots 102

PART 4 RECOUNT PROCEDURE Judicial recoimt application 103 Notice of application 104 Recoimt appointment 105 Persons permitted at recount 106 Recount 107 Examination of baUots 108 Recess during recount 109 Statement after recount 110 EquaUty of recount votes 111 Certification of recoimt 112 Costs of recount 113 Payment of costs 114 By-law vote recount 115 PARTS CONTROVERTED ELECTIONS Bribery 116 Undue influence 117 AUowable election expenses 118 Oral evidence 119 Forfeiture of seat 120 Penalty for bribery or undue influence 121 Report of bribery or imdue influence convictions 122 Witnesses 123 Limitation of action 124 Recovery of penalties 12 5 Trial of an election 126 Fiat for notice of motion 127 Notice of motion requirements 128 FUing of documents 129 Service of notice of motion 130 Motion to try vaUdity of election 131 Combination of motions 132 Grounds not aUowed 133 Production of election material 134 Adding parties 135 Intervention 136 Hearing 137 Invalid election 138 LiabiUty for costs 139-140 Form and effect of order 141 Retum of judge's order 142

Disclaimer after motion 143 Effect of disclaimer 144 DeUvery of duplicate disclaimers 145 Right of appeal 146 Rules of court 1^^

PART 6 OFFENCES Prohibitions '^^ Offence »49-151 Printer's name on advertising 152 Advertisement distribution 153 Liquor on election day 1^4 Interference with posted documents 155 Improper appointment of election official 156 Provision of time to vote 1^^ Offence ^^^ Penalty 159

PART 7 GENERAL Regulations Consequential Repeal 160-161 162-170 171-172 HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In thiS Act, (a) "advance vote" means a vote taken in advance of election day; (a.l) "area" means the area within the boundaries of a local ju risdiction; (b) "bribery" means bribery within the meaning of

section 116; (b.l) "by-election" means an election other than a general elec tion or a first election; (c) "by-law" includes a resolution on which the opinion ofthe electors is to be obtained; (c.l) "council" means the council of a municipaUty as descnbed in the Municipal Government Act; (d) "councillor" means a member of council; (d,l) "Court" means the Court of Queen's Bench; (e) "deputy" means the deputy returning officer, 4

(f) "district board" means (

i) a district board imder the Hospitals Act, or (ii) a district board under the Nursing Homes Act; (g) "elected authority" means (

i) a council under the Municipal Government Act, (ii) a council under the County Act, or (iii) a board of trustees under the School Act; (h) "election" means a general election, first election, by-election and a vote on a by-law or question; (i) "election day" means the day fixed for voting at an election; (j) "elector" means a person eligible to vote at an election; (k) "first election" means first election referred to in

section 7; (1) "general election" means an election held for all the members of an elected authority to fill vacancies caused by the effluxion of time; (m) "judge" means a judge of the Court; (n) "local jurisdiction" means a municipahty, a hospital district as defined in the Hospitals Act, a district as defined in the Nursing Homes Act or a district or division as defined in the School Act, as the case may be; (o) "Minister" means the Minister of Municipal Affairs; (p) "officer" means a returning officer, deputy, or election clerk presiding at a voting station; (q) "proprietary elector" has the same meaning as in the Muni cipal Government Act; (r) "relevant Minister" means, (

i) in the case of a municipality, the Minister of Municipal Affairs, (ii) in the case of a hospital district as defined in the Hospi tals Act or a district as defined in the Nursing Homes Act, the Minister of Hospitals and Medical Care, or (iii) in the case of a district or division as defined in the School Act, the Minister of Education; (s) "returning officer" means a person appointed under this Act as a returning officer and includes a person acting in his place; (t) "secretary" means a municipal secretary or school secretary; 5

(u) "spoiled ballot" means a spoiled ballot as described in sec tion 65; (v) "undue influence" means undue influence within the mean ing of

section 117; (w) "voting register" means the prescribed form in which to re cord the names of persons who have received baUots at an elec tion; (x) "voting station" means the place where an elector casts his vote; (y) "voting subdivision" means that area of a local jurisdiction or ward designated as a voting subdivision by the elected author ity or the returning officer, (z) "ward" means (

i) a ward or electoral division under the Municipal Govem ment Act. (ii) an electoral division under the County Act, (iii) a ward under the Hospitals Act or Nursing Homes Act, or (iv) a ward or an electoral subdivision under the School Act. Joint elections District board elections PART1 ELECTION PROCEDURE 2(1) An elected authority may hold an election separately or in con junction with another elected authority in the same area.

(2) An elected authority may by resolution enter into an agreement with 1 or more elected authorities in the same area for the conduct of an election.

(3) The agreement referred to in subsection (2) shall provide which elected authority is to be responsible for the conduct of the election and that elected authority shall ensure compliance with the proce dures prescribed under this Act for holding an election, includmg the retention and destruction of election materials, except that each elected authority is responsible for the estabUshment of a deposit requirement, if any.

(4) The elected authority that is responsible for the conduct of the election under the agreement referred to in subsection (2) has all the rights, powers and duties of those elected authorities which have entered the agreement, respecting the conduct ofthe election. 3 If an election is to be held to elect members to a district board, the election shaU be conducted in accordance with this Act by a council designated pursuant to the Hospitals Act or the Nursing Homes Act.

Procedure modification Ministerial powers 4 All proceedings that, in the opinion of an elected authority, are necessary to give full effect to

section 73, 79, 80 or 81 are deemed to be authorized notwithstanding any inconsistencies that may arise between any of those sections and any other provision of this Act. 5(1) The relevant Minister may (

a) give directions governing the conduct of a general election, first election, by-election or vote on a by-law or question if he considers the provisions of this Act insufficient, and (

b) require the elected authority to conduct a vote ofthe electors on any question specified by him at the same time as a general election is held or any question respecting any matter over which the elected authority has jurisdiction.

(2) The relevant Minister may decide any questions arising from the difficulty or impossibiUty of applying this Act and in so deciding he may by order adter dates prescribed by this Act for the doing of any matter or thing and may give other directions.

(3) If there are wards in an area, the provisions of this Act respecting a general election apply unless specificaUy varied in this Act, and if the by-law, resolution or order estabUshing wards does not provide for any matter, the relevant Minister may by order give direction as to that or any other matter or thing requisite to the proper conduct of an election.

(4) The Regulations Act does not apply to directions given under this section. Voting on by-law 6 If this or any other Act provides for the submission of a by-law or question ^j. qugstjon to the electors or proprietary electors for their assent or approval, the by-law or question shaU be submitted to a vote in accordance with this Act. First elections 7(1) In a ncwly formcd local juHsdiction, (

a) nominations, and (

b) the first election, if an election is required, shaU be held on the dates fixed by the relevant Minister and the persons elected hold office until the organizational meeting of the elected authority or district board foUowing the next ensuing general election.

(2) The relevant Minister shaU provide for the conduct of a first election. Term of office 8(1) A pcrson clectcd under this Act, unless otherwise disqualified firom remaining in office, holds office from the date ofthe organiza tional meeting ofthe elected authority or district board inimediately foUowing a general election until the organizational meeting imme diately foUowing the next general election.

(2) A person elected to an elected authority or district board to fill a vacancy caused other than by the passage of time holds office from

General term of office when he takes the oath of office for the remainder of the period his predecessor would have held office had his predecessor continued in office. 9 The members of an elected authority or district board elected at a general election hold office for a term of 3 years and a general election shaU be held every 3rd year commencing with the year 1983. Election day 10 Elcctiou day for a local jurisdiction (

a) in the case of a general election, if required, shall be the 3rd Monday in October, or (

b) in the case of a by-election or vote on a by-law or question, shaU be the day fixed by a resolution of the elected authority Summer villages 11(1) The provisious of this Act that apply to municipalities apply to summer villages except that in respect of a summer village (

a) election day (

i) in the case of a general election for coimcil or for school representatives shaU be 4 weeks after nomination day for that election, and (ii) in the case of a by-election or vote on a by-law or ques tion shaU be as established by resolution of the summer vil lage council, (

b) a person is entitled to vote at an election if he is (

i) a proprietary elector ofthe summer viUage who is at least 18 years old, (ii) at least 18 years old and the spouse of a proprietary elec tor of the summer village, or (iii) at least 18 years old and not entitled to vote under sub clause (

i) or (ii), but is a Canadian citizen and has resided in Alberta for the 6 consecutive months immediately preceding election day and resides in the summer village on election day, but only an elector who is a resident of the summer village is entitled to vote at an election for school representatives, (

c) in the case of a general election, nominations for councillors and school representatives, if any, shaU be received by the return ing officer up to the expiration of 1 hour after the commencement of the annual meeting of the ratepayers in the year in which an election is to be held, and sections 25 and 28(1) do not apply, (

d) in the case of a by-election, nominations for counciUors and school representatives, if any, shaU be received by the returning officer between the hours of 11 a.m. and 12 noon at a date and place estabUshed by council. 8

(

e) voting hours in an election or in a vote on a by-law or ques tion shaU be between the hours of 12 noon and 9 p.m., and

section 46 applies except as to hours, (

f) the time Umit for withdrawal of nominations shaU be 48 hours and

section 32 applies except as to hours, and (

g) in order to quaUfy for nomination as a councillor, a person is not required to be a resident of the summer village but must be entitled to vote in the election and have been a resident of Alberta for the 12 consecutive months immediately preceding election day.

(2) Notwithstanding

section 31(1), if the number of persons nomi nated for any office in a summer viUage is less than the number required to be elected, the nomination meeting (

a) shaU stand adjourned to a time and place as determined and aimounced by the returning officer prior to the adjournment for the purpose of receiving fiirther nominations for the office in respect of which the required number of nominations has not been received, and (

b) shaU continue to be adjourned in the same manner from meeting to meeting vmtil the required number of candidates has been nominated or 3 meetings have been adjourned. Appointment of 12(1) An clcctcd authority may, by resolution, appoint a returning retummg o cers QQ^^QJ. fyj. ^j^g purposcs of couducting clcctions uudcr this Act.

(2) If the elected authority does not appoint a retimiing officer, the secretary is deemed to have been appointed as the returning officer.

(3) The returning officer for a local jurisdiction may not be a candi date for the elected authority for that local jurisdiction. Duties of returning officer 13(1) In addition to performing the duties specified in this or any other Act, a returning officer shaU (

a) appoint deputies, election clerks, constables and other per sons as required; (

b) estabUsh voting stations; (

c) provide for the supply and delivery of baUots, baUot boxes, instructions to electors, copies of sections 116 and 117 and other necessary supplies to aU voting stations; (

d) give notice of nominations; (

e) receive nominations; (0 declare acclamations; (

g) give notice of elections; (

h) do all things necessary for the conduct of an election. 9

Election clerk Constable

(2) The returning officer has aU the duties and powers of a deputy and if there is no deputy appointed he shaU perform the deputy's duties. 14 An election clerk shaU assist the deputy in the performance of his duties and perform any duties under this Act required by the deputy. 15(1) The deputy is charged with maintaining the peace at voting stations and with the approval of the returning officer, may appoint a constable to maintain order at the voting station, and may summon to his assistance in a voting station a poUce officer or any other person for the purpose of maintaining order, preserving the pubhc peace, preventing any breach of the pubUc peace, or removing any person who, in the opinion of the deputy presiding at the voting station, is obstructing the voting or contravening this Act.

(2) When requested to do so under subsection (1), a poUce officer shaU forthwith attend on and assist the deputy making the request in the performance of his powers under that subsection. Oath 16 Every returning officer, deputy, election clerk, enumerator and constable before performing his duties shaU take and subscribe to the official oath in the prescribed form. Substitute deputy, election clerk, etc.

Substitute 17 If a person who has been appointed a returning officer becomes retummg officer jncapablc of Carrying out his duties, the mayor, reeve or chairman of the board of trustees may, in writing, appoint a person to act in the place of the returning officer. 18(1) If a person who has been appointed a deputy, election clerk or constable becomes incapable of carrying out his duties, the returning officer may, in writing, appoint another person to act in the place of that person.

(2) Notwithstanding subsection (1), the deputy may, in vmtmg, ap point an election clerk, who, in the absence of the deputy or in the case of his illness or inability to carry out his duties under this Act, has the powers and duties of the deputy who appointed him. Secretary's duties 19 The Secretary shaU for the purposcs of this Act, (

a) on the request of the returning officer, provide him with in formation and assistance, and (

b) on the vote results being declared by the returning officer, take custody of election materials and provide for their destruc tion in accordance with this Act. Administration of oaths Qualification of candidates 20 The returning officer and the deputy presiding at a voting sta tion, or an election clerk when acting in the place of that deputy, are by virtue of their offices authorized to administer an oath to a person making an oath that is authorized or required by this Act. 21(1) A person may be nominated as a candidate in any election under this Act if he is eUgible to vote in that election and has been 10

a resident of Alberta for 12 consecutive months and is a resident of the local jurisdiction and, if there is a ward, has been a resident of the ward for the 6 consecutive months immediately preceding nom ination day, and if he is not otherwise ineligible or disquaUfied.

(2) Notwithstanding subsection (1), in the case of a city, a candidate for councUlor is not required to be a resident ofthe ward in either a general election or a by-election, but must be a resident of the city. neiigibiiity 22(1) A pcrson is not eligible to be nominated as a candidate in any election under this Act if on nomination day (

a) he is a judge of a court; (

b) he is an undischarged bankrupt; (

c) he is a surety for an officer or employee of the local jurisdic tion for which the election is to be held; (

d) he is the auditor of the local jurisdiction for which the elec tion is to be held; (

e) he is an officer or employee ofthe local jurisdiction for which the election is to be held; (

f) he is indebted to the municipality of which he is an elector for taxes in default exceeding $50, excluding therefrom (

i) any indebtedness for current taxes, and (

u) any indebtedness for arrears of taxes for which he has entered into a consoUdation agreement with the municipality, unless he is in default in the payment of any money due under the agreement; (

g) he is indebted to the local jurisdiction for which the election is to be held for any debt exceeding $50 and in default for more than 90 days; (

h) he is a party to a subsisting contract with the local jurisdic tion for which the election is to be held under which money of the local jurisdiction is payable or may become payable for any work, service, matter or thing; (

i) he has a pecuniary interest, direct or indirect, in any subsist ing contract with the local jurisdiction for which the election is to be held under which money ofthe local jurisdiction is payable or may become payable for any work, service, matter or thing; (

j) in the case of a district board election, he or his spouse (

i) is a physician and a member of the medical staff", (ii) is a dentist and a member of the medical staff or dental staff", or (iii) is an employee of a hospital or nursing home in respect of which the election is being held. 11

(2) Subsection (1) does not apply to a person by reason only (

a) that he is a shareholder in a corporation having a contract or dealings with the local jurisdiction or elected authority for which the election is being held, (

i) unless he holds or there is held by himself and his spouse, parents, children, brothers and sisters more than 25% ofthe issued capital stock of the corporation, or (ii) unless the contract or dealings are for the building or construction of a pubUc work of the local jurisdiction; (

b) that he has a contract with the local jurisdiction for the sup plying to him, his spouse or child of a service, utility or com modity that the local jurisdiction has statutory authority to sup ply; (

c) that he holds an interest in a pubUcation (

i) in which official advertisements of the local jurisdiction appear, or (ii) that is suppUed to the local jurisdiction at the usual rates; (

d) that he seUs or leases to the local jurisdiction land or mterest in land that the local jurisdiction has authority to expropriate; (

e) that he suppUes goods, merchandise or services to the local jurisdiction or to persons contracting with the local jurisdiction if they are suppUed at competitive prices and in the ordinary com"se of his business or profession; (0 that he renders (

i) services to indigents who are residents of the local juris diction and for which the local jurisdiction is or may become Uable to pay, or (

u) services for which the local jurisdiction has provided a subsidy; (

g) that he is appointed to a position under the Disaster Services Act; (

h) that he has rendered professional services as a lawyer to the local jurisdiction, if the fees for the services have been taxed under the Alberta Rules of Court; (

i) that he has received a gratuity or aUowance for services on a committee or board appointed by or responsible to the local ju risdiction; (

j) that he is a member of a co-operative association imder the Co-operative Associations Act; (

k) that he is a vendor, purchaser, assignor or assignee of land bought or sold under the Agricultural Development Act; 12

Ineligibility for nomination (1) that he is a party to a contract for the purchase or lease of real or personal property from the local jurisdiction entered into before nomination day. 23(1) A person is not eligible to be nominated for more than 1 office ofthe same elected authority.

(2) A member who holds office on an elected authority is not eligible to be nominated for or elected to the same or any other office on the elected authority (

a) unless his term of office is expiring, or (

b) if his term of office is not expiring, unless he has resigned his office eff"ective 18 days or more before nomination day. Re-election 24(1) A pcrsou who held office on an elected authority and (

a) who resigned his office to avoid making restitution for money he received that disquaUfied him from holding that office pur suant to this or any other Act and has been ordered by a judge to make restitution, or (

b) who was declared by a judge to be disqualified to hold that office pursuant to this or any other Act, is not eUgible to become a member of that elected authority until after 2 general elections have occurred after the date on which he was ordered to make restitution or was declared to be disquaUfied.

(2) Notwithstanding that a by-election or general election has been held between the time when the disquaUfication of the member or former member arose and the time when the order or declaration has been made by the judge subsection (1) appUes and, if the person was re-elected, he is not eUgible to remain a member of the elected authority.

(3) Notwithstanding subsections (1) and (2), a judge (

a) who has made an order described in subsection (l)(a), or (

b) who has declared a person to be disquaUfied may reduce the period of disquaUfication.

(4) An appeal against the decision of a judge under this

section lies to the Court of Appeal. Nomination day 25 Nomination day shaU be 4 weeks before election day. Notice of nomination day 26 The returning officer shaU, at least 2 weeks prior to nomination day, give notice of nomination day and of the location of the local jurisdiction office in the prescribed form by pubUshing a notice at least once in a newspaper circulating in the area, or if there is no newspaper circulating in the area, by (

a) mailing a notice to each elector. 13

(

b) causing an announcement to be made on at least 3 consecu tive days on a radio or television station received in the area, or (

c) posting a notice in at least 4 widely separated and conspicu ous places in the area, or by more than 1 of the above methods and as many additional times as he considers desirable. Forrr of nomination Deposit Disposition of deposit 27(1) Subject to subsection (2), every nomination of a candidate shaU be in the prescribed form and signed by at least 5 electors eligible to vote in that election and resident in the local jurisdiction on the date of signing the nomination, and shall be accompanied by a written acceptance signed in the prescribed form by the person nominated, stating (

a) that he is eUgible to be elected to the office, and (

b) that he will accept the office if elected, and if required by by-law, it shaU be accompanied by a deposit in the required amount.

(2) If a system of wards is in eff"ect, only an elector who is a resident of the ward for which a candidate for election is being nominated may sign the nomination of the candidate.

(3) If a by-law has been passed providing for a deposit, a nomination paper is not vaUd nor shaU it be acted on by the returning officer unless it is accompanied by the deposit. 28(1) The returning officer shaU receive nominations at the local jurisdiction office between 10 a.m. and 12 noon on nomination day.

(2) Any person may file a nomination described in

section 27 with the returning officer.

(3) A person eligible to vote in the election may request to examine the filed nominations during regular business hours and in the pres ence of the returning officer or secretary. 29(1) An elected authority may, by by-law passed not less than 30 days before nomination day, require that every nomination be ac companied by a deposit in the amount fixed in the by-law.

(2) An amount fixed in a by-law under subsection (1) may not ex ceed (a) $500, in the case of a local jurisdiction with a population of more than 100 000, or (b) $100, in any other case. 30(1) When a by-law has been passed to provide for a deposit, the returning officer shaU require the deposit to be provided in cash, by certified cheque or cash order or by money order. 14

Insufficient nominations

(2) The candidate's deposit shall be returned to him (

a) if he is declared elected, (

b) if he obtains a number of votes at least equal to 1/2 of the total number of votes cast for the candidate elected with the least number of votes, or (

c) if he withdraws his name as a candidate in accordance with

section 32.

(3) If a candidate dies before the closing of the voting stations on election day, the sum deposited by him shaU be returned to his estate.

(4) If a candidate does not obtain the number of votes described in subsection (2)(b), the deposit shaU be paid into the general revenue ofthe local jurisdiction for which the deposit requirement has been established. 31(1) If the number of persons nominated for any office is less than the number required to be elected, the time for receipt of nomina tions (

a) shall stand adjourned to the next day at the same place at the hour of 10 a.m. and shall remain open until 12 noon for the purpose of receiving further nominations for the office, and (

b) shaU continue to be adjourned in the same manner from day to day imtil the required number of nominations has been re ceived or a period of 6 days, including nomination day, has elapsed.

(2) If sufficient nominations to fiU aU vacancies are not received, the secretary shaU immediately notify the relevant Minister, who may recommend a change in the status of the local jurisdiction or any other action he considers necessary. Withdrawal of 32(1) Subjcct to subscctiou (2), if more than the required number of candidates for any particular office are nominated, any person so nominated may, at any time within 24 hours after the close of the nomination period, withdraw his name as a candidate for the office for which he was nominated by filing with the returning officer a withdrawal in writing.

(2) If, after 1 or more candidates have withdrawn, the number of remaining candidates does not exceed the number of vacancies to be fiUed, the returning officer shall refuse to accept further withdrawals. Death of candidate 33 An elected authority may, by a by-law passed prior to nomina tion day, provide that if prior to the opening of the voting stations on election day a candidate for an elected authority or district board dies after being nominated, (

a) the election for the position for which the deceased candidate was nominated shaU be discontinued, and (

b) the elected authority shall as soon as practicable provide for the holding of a new election for that office. 15

Election by 34( 1) Whcu at the close of nominations the number of persons nom- acciamation jnatcd for any office is the same as the number required to be elected the returning officer shall declare the persons nominated to be elected to the offices for which they were nominated.

(2) Forthwith after having declared a person elected, the returning officer shaU give to the secretary written notification signed by him of the names of the persons so elected and of the offices to which they were elected and he shaU deUver the nomination papers and other material relating to the receipt of nominations to the secretary, who is thereafter responsible for their safekeeping.

(3) The nomination papers and other related material may be in spected by an elector during regular business hours in the presence of the secretary. Notice of election 35(1) If morc than the required number of persons for any office remain nominated 24 hours after the close of nominations, the re turning officer shaU declare that an election shaU be held for filling that office.

(2) If an election is required, the returning officer shall give notice of it in the prescribed form (

a) by pubUshing a notice at least once a week in each of the 2 weeks before election day in a newspaper circulating in the area, or (

b) if there is no newspaper circulating in the area, by (

i) mailing a notice to each elector at least 2 weeks before election day, (

u) causing announcements to be made on at least 3 days on a radio or television station, received in the area, the first of which shaU be made at least 2 weeks before election day and the last one not less than 3 days before election day, or (iii) posting the notice in at least 4 widely separated and con spicuous places in the area at least 2 weeks before election day, or by more than 1 of the above methods and as many additional times as he considers desirable.

PART 2 VOTING PROCEDURE Voting subdivisions 36 The elected authority by resolution, or the returning officer if authorized by resolution of the elected authority, may divide the local jurisdiction into voting subdivisions and may fi-om time to time alter their boundaries but may not alter them between the time of the giving of notice of an election and the election day. Voting stations 37(1) The rctuming officer shaU designate the locations of voting stations and a location may be outside ofthe area. 16

Compartments for voting Ballot boxes Locking of the ballot box Printing of ballots

(2) When a voting station designated by the returning officer is not available, the returning officer shall designate another place in the vicinity and shaU, by notice posted at the original voting station, direct the electors to the other voting station. 38(1) The returning officer shaU ensure that each voting station is furnished with 1 or more voting compartments arranged so that an elector is screened fi^om observation and may mark his ballot with out interference or interruption.

(2) In each voting compartment there shaU be provided for the use of the electors in the marking of ballots a table, desk or shelf with hard surface and a black lead pencil or other suitable marking instru ment that shaU be kept operational during the hours of voting. 39(1) The secretary shaU provide sufficient ballot boxes to the re turning officer.

(2) Each baUot box shaU be made of diu-able material, be provided with a locking device and be constructed so that the ballots can be deposited in it but not withdrawn unless the box is unlocked. 40(1) The deputy or other person presiding at a voting station shall, immediately after the opening ofthe voting station, show each ballot box to the persons present at the voting station so that they can see that it is empty, lock the box and place a seal on it to prevent it being opened without breaking the seal and place the box in his view for the receipt of baUots.

(2) The deputy or other person presiding at the voting station shaU keep each baUot box locked and sealed and in full view of aU present, during the hours of voting. 41 If an election is required, the returning officer shaU forthwith cause a sufficient number of baUots to be printed at the expense of the local jurisdiction. Names on ballot 42(1) A Separate baUot shaU be used for (

a) the office of mayor, (

b) the offices of coundllors; (

c) the offices of school representative or trustee; (

d) the offices of members of a hospital district board; (

e) the offices of members of a nursing home district board.

(2) The names ofthe candidates for (

a) the office of mayor, (

b) the offices of counciUors; (

c) the offices of school representative or trustees; 17

Contents of ballot Form of ballot Instructions for voters (

d) the offices of members of a hospital district board; (

e) the offices of members of a nursing home district board; shaU be placed on the baUot in the prescribed form.

(3) Every baUot used in an election for a member of an elected authority or district board shaU contain a brief explanatory note stat ing the maximum number of candidates who can be voted for in order not to make the baUot void.

(4) Every baUot used in an election for mayor shaU contain a brief explanatory note stating that the baUot shaU not be marked for more than 1 candidate. 43(1) Each baUot shaU contain the name of each candidate.

(2) The names of the candidates on each baUot shaU be arranged alphabeticaUy in order ofthe surnames and, if 2 or more candidates have the same surname, the names of those candidates shaU be ar ranged alphabeticaUy in the order of their given names.

(3) Notwithstanding subsection (2),, if an elected authority passes a by-law 2 months before an election that provides that (

a) baUots shaU be printed in as many lots as there are candidates for the office, (

b) in the first lot the names of the candidates shaU appear in alphabetical order, (

c) in the 2nd lot the names shaU appear in the same order, except that the first name in the first lot shaU be placed last, (

d) in each succeeding lot, the order shaU be the same as that of the preceding lot, except that the first name in the preceding lot shaU be placed last, and (

e) tablets of baUots to be used at each voting station shaU be made up by combining baUots from the different lots in regular rotation so that no 2 consecutive electors may receive baUot pa pers from the same lot and so that each candidate's name shaU appear first and in each other position substantiaUy the same number of times on the baUots used, then the baUots used in an election while the by-law is in force shaU be in the form described in this subsection.

(4) A by-law passed imder subsection (3) remains in force until re pealed. 44 The baUot for a vote on a by-law or question shaU be in the form determined by resolution ofthe elected authority. 45(1) The deputy shaU, before the opening of the voting station, cause the printed instructions for the electors and copies of sections 116 and 117 to be posted in the voting station and in each voting 18

compartment and he shall ensure that they remain posted until the close of the voting station.

(2) The instructions shaU be printed in clearly legible characters in the prescribed form. Voting hours 46(1) Evcry voting station shall be kept open continuously on elec tion day from 10 a.m. untU 8 p.m.

(2) Promptly at 8 p.m. on election day, the deputy shaU declare the voting station closed.

(3) If, when the voting station is declared closed, there is an elector in the voting station who wishes to vote, he shaU be permitted to do so, but no other person shaU be aUowed to enter the voting station for that purpose. Eligibility to vote 47(1) A pcrsou is eUgible to vote in an election held pursuant to this Act if he (

a) is at least 18 years old, (

b) is a Canadian citizen, and (

c) has resided in Alberta for the 6 consecutive months imme diately preceding election day and is resident in the area on elec tion day unless another enactment requires him to be a proprietary elector.

(2) If there are wards in a municipaUty the council may by by-law passed not later than 30 days prior to nomination day provide for the nomination of candidates for council by wards and for the elec tion of candidates by the general vote ofthe electors.

(3) The Minister may give directions as to any matter or thing req uisite for the proper conduct of an election under subsection (2).

(4) Notwithstanding subsection (1), if there are wards in any other elected authority and in a municipality where a by-law is not passed pursuant to subsection (2) an elector is eUgible to vote only in the ward in which he is resident.

(5) In the case ofthe performance of any function or the exercise of any right under this Act, a person shaU be a resident on the day on which that function is performed or that right is exercised in the area, ward or voting subdivision in respect of which that function is performed or that right is exercised and shaU have been a resident of Alberta for the 6 consecutive months immediately preceding the day on which that function is performed or that right is exercised, unless otherwise required by this Act. Rules of residence 48(1) For the purposes of this Act, the place of residence is governed by the foUowing rules: (

a) the residence of a person is the true, fixed, permanent home or lodgmg place to which, when he is absent, he has the intention of returning 19

(

b) a person does not lose his residence by leaving his home for a temporary purpose; (

c) if a person leaves the area with the intention of making his residence elsewhere, he loses his residence within the area; (

d) the place where a person's family resides is deemed to be his place of residence unless he takes up or continues his abode in some other place with the intention of remaining there; (

e) the residence of a single person is the place where he occupies a room as a regular lodger or to which he habituaUy returns not having any other permanent lodging place; (

f) a person is deemed not to have a residence in more than 1 place and if he maintains residences within the boundaries of more than 1 ward or voting subdivision he must declare 1 as his residence for the purpose of this Act.

(2) A person who is a separate school supporter or pubhc school supporter pursuant to the School Act is deemed to be a resident of the separate school district or a resident ofthe pubUc school district, as the case may be. List of electors 49 The clcctcd authority if it so desires may, by by-law, (

a) direct the secretary or returning officer to prepare a hst of electors who are entitled to vote in an election, and (

b) prescribe procedm-es and forms governing the enumeration of electors. Enumerators' 50 If au elcctcd authority passes a by-law described in

section 49, fdSS"' the elected authority ShaU (

a) appoint, or authorize the secretary or returning officer to ap point, a sufficient number of enumerators to complete an enu meration of the electors residing in each voting subdivision or ward where an election is required, and (

b) provide each enumerator with an identification badge. Access for 51 A pcrsou to whom campaigners and (

a) a candidate, (

b) a campaign worker on behalf of a candidate, or (

c) an enumerator, has produced identification indicating that he is a candidate, cam paign worker or enumerator shaU not (

d) obstruct or interfere with, or (

e) cause or pennit the obstruction or interference with, 20 enumerators

Declaration of elector eligibility Notice of objection Voting register entries the free access of the candidate, campaign worker or enumerator to each residence in a building containing 2 or more residences or to each residence in a mobile home park. 52(1) Every person who presents himself at a voting station for the purpose of voting shaU make a declaration, in the prescribed form, that he is eUgible to vote as an elector or as a proprietary elector, as the case may be, and that person on subscribing to the declaration shaU be permitted to vote.

(2) Every declaration shaU be made in the presence of an officer at the voting station.

(3) If a person described in subsection (1) refuses to declare he may not vote for that office or on the by-law or question, 53(1) Notwithstanding

section 52, if a candidate or his agent objects to a person who makes a declaration the deputy shaU note the objec tion in the voting register, administer an oath in the prescribed form to the elector, note that the oath was sworn, and permit that person to vote.

(2) If a person described in subsection (1) refuses to take an oath he may not vote for that office or on the by-law or question. 54(1) The deputy shaU ensure that there is recorded under the proper heading of the voting register the name and address of the person who has made a declaration.

(2) If a person is objected to by any candidate or his agent, the deputy entering the objection or causing it to be entered in the voting register shaU write his initials opposite the name of the person ob jected to, in the column headed "Qbjected to", noting at the same time on behalf of which candidate the objection has been made by adding after his initials the name or initials ofthe candidate.

(3) If the person takes the oath, the deputy shaU receive the vote and shaU enter in the voting register the person's name together with the word "sworn".

(4) When the person who wishes to vote has been required to take an oath and refuses to take it, the deputy shaU enter opposite the name of that person under the proper heading ofthe voting register the word "refused" and the vote of that person shaU not be taken or received.

(5) The voting register shaU be in the prescribed form. Secrecy of vote 55(1) Voting shaU be by secret baUot.

(2) While an elector is in a voting compartment for the purpose of marking his baUot, no other person may, except as permitted in

section 78, enter the voting compartment or be in a position from which he can see how the elector marks his baUot.

(3) Except as provided in

section 78, it is an offence for an elector to show his baUot to any person so as to aUow his vote to be known. 21

Maintenance of secrecy 56 No person shaU be required to disclose in any legal proceedings whether he has voted for a particular candidate or voted for or against a particular by-law or question. Number of votes 57(1) Subjcct to subscctiou (2), au clcctor may vote once for each of the persons he chooses to vote for.

(2) An elector may not vote for more than the number of persons to be elected to the office.

(3) An elector may vote once on each by-law or question. Voting time for employees 58(1) An employee who is an elector shaU, while the voting stations are open on election day, have 3 consecutive hours for the purpose of casting his vote.

(2) If the hours of the employee's employment do not aUow for 3 consecutive hours, his employer shaU aUow him any additional time for voting that is necessary to provide him the 3 consecutive hours, but the additional time for voting shaU be granted at the convenience ofthe employer.

(3) No employer shaU make any deduction from the pay of an em ployee nor impose on him or exact from him any penalty by reason of his absence from his work during the 3 consecutive hours or part thereof (4) Subsections (1), (2) and (3) do not apply if the employer provides for the attendance of an employee who is an elector at a voting station while it is open during the hours of his employment with no deduction from his pay and without exacting any penalty.

Entries in voting register 59 The officer shaU place under the headings of the voting register "mayor", "counciUor", "pubUc or separate school trustee or repre sentative", "hospital board member", "nursing home board member" "money by-law'; "by-law" or "question" or those that are appUcable to the election, a check mark opposite the name of every person receiving a baUot at the time he receives it to denote that the elector has received a baUot for mayor, counciUors, school trustees or rep resentatives, hospital board members, nursing home board members, by-law or question, as the case may be.

Delivery of ballot 60 Whcu a pcrsou is permitted to vote, the officer shaU dehver to the elector a baUot that has been folded and initiaUed by the officer in a manner that the initial wiU be visible without opening the ballot. Ex^pianation of 61 The dcputy may, and on request shaU, either personally or votmg ^l^.Q^gJJ jjjg election clerk, explain to an elector as concisely as pos sible the proper method of voting in accordance with the instructions to electors.

Marking of ballots 62 On receiving the baUots that an elector is entitled to receive from the officer presiding at the voting station, the elector shaU forth with proceed into the voting compartment provided and shaU mark each of his baUots 22

Disposal of marked ballot (

a) by placing an "X" on the right hand side opposite the name ofthe candidate of his choice, or within the division on the paper containing the name ofthe candidate of his choice, and (

b) in the case of a baUot for a by-law or question, by placing an "X" within the division ofthe paper marked "for" or "against" or within the division ofthe paper marked "yes" or "no", whichever way he desires to vote. 63(1) After marking a baUot, the elector shaU fold the ballot so as (

a) to conceal the names ofthe candidates or the by-law or ques tion, and the marks on the face of the baUot, and (

b) to expose the initials of the officer issuing the baUot at the voting station, and immediately after leaving the voting compartment shall, without delay and without showing the front to anyone, deliver the ballot so folded to the officer supervising at the baUot box.

(2) The officer supervising at the baUot box shaU, without unfolding a baUot or in any way disclosing the marks made by the elector on the baUot, verify the initials on the baUot and deposit the ballot at once in the baUot box.

(3) After his baUots are deposited in the baUot box, the elector shall forthwith leave the voting station. 64 A person who has caused his baUot to be deposited in a ballot box is deemed to have voted. 65(1) An elector who has inadvertently dealt with his baUot in a maimer that it cannot be conveniently used as a baUot may, (

a) on retmning it to the deputy, and (

b) on estabUshing the fact ofthe inadvertence to the satisfaction ofthe deputy, receive another baUot in the place of the baUot so returned.

(2) The deputy shaU immediately write the word "spoiled" on the returned baUot and shaU preserve it. jEiector declining 66 If au clcctor rctums a baUot stating that he is declining to vote, the deputy returning officer (

a) shaU record in the voting register in the remarks column op posite the elector's name an entry to the effect that he has de clined to vote, and (

b) shaU write the word "declined" on the returned baUot and shaU preserve it. 'Deemed voting Replacement of spoiled ballot ersons at oting station 67 Except for the returning officer, deputy, election clerk, constable, candidates or agents authorized to attend at the voting station and 23

Prohibited removal of ballots Candidates' agents the electors who are for the time being actuaUy engaged in voting, no other person is entitled to be present, nor shall any other person be permitted to be present, in the voting station during the time appointed for voting. 68(1) No person who has received a baUot from the deputy shall take the baUot out ofthe voting station.

(2) Any person who, having received a baUot from the deputy, leaves the voting station without first delivering it to the deputy in the maimer provided by this Act, thereby forfeits his right to vote at that election and the deputy shaU record in the voting register in the remarks column opposite that person's name an entry to the effect that the person left the voting station without first delivering the baUot. 69(1) If a person, at any time during voting hours, presents to the person in charge of a voting station a written notice, in a form ac ceptable to the returning officer, (

a) signed by a candidate, and (

b) stating that the person presenting the notice is to represent that candidate as his agent at the voting station, the person presenting the notice shall be recognized by the person in charge ofthe voting station as the agent ofthe candidate.

(2) The deputy shaU not permit a candidate to have more than 1 agent present at any time in a voting station during voting hours.

(3) A candidate personaUy may (

a) undertake the duties that his agent may undertake, (

b) assist his agent in the performance of his duties, and (

c) attend any place that his agent is authorized by this Act to attend.

(4) The deputy may designate the place or places at a voting station where a candidate, an agent of a candidate, or both, may observe the election procedure.

(5) When, in the provisions of this Act that relate to the election of a member of an elected authority or district board, expressions are used requiring or authorizing

an act or thing to be done or implying that

an act or thing is to be done in the presence of an agent or a candidate, the expression is deemed to refer to the presence of those agents (

a) that are authorized to attend, and (

b) that have in fact attended at the time and place where that act or thing is being done, and if the act or thing is otherwise properly done, the non-attendance of an agent at that time and place does not invaUdate it. 24

By-law agents 70(1) At any time fixed for a vote for a by-law or question under this Act, the returning officer, if requested by 2 or more electors, shall appoint, in writing, those persons named in the request as agents to attend at the voting stations on behalf of the persons interested in promoting the passing of the by-law or voting in the affirmative on the question and, if so requested by 2 or more electors, shaU appoint in writing those persons named in the request to attend as agents on behalf of the persons interested in opposing the passage of the by law or voting in the negative on the question.

(2) The returning officer shaU not permit more than 1 agent for each side of a by-law or question to be present at the same time at a voting station or at a counting of the votes.

(3) The returning officer may designate the place or places at a voting station where an agent may observe the conduct ofthe election.

(4) Before any agent is appointed, he shall make and subscribe be fore the returning officer a declaration in the prescribed form. 71 If a person is appointed as an agent under

section 70, he shaU (

a) before being admitted as an agent to the voting station during voting hours, or (

b) before being permitted to attend at the voting station for the counting of votes, produce to the person in charge ofthe voting station his appointment as an agent. Interpreter 72(1) If an clcctor docs uot Understand the EngUsh language, the deputy may aUow an interpreter to translate the oath as weU as any question necessary for the proper purposes ofthe election put to the elector, and the elector's answers.

(2) Before acting as an interpreter, the interpreter shaU take an oath in the prescribed form. Advance vote 73(1) An clectcd authority may by resolution provide for holding an advance vote on any vote to be held in an election.

(2) No advance vote shaU be held within 24 hours of election day. Proof of appointment Notice of advance vote 74 Notice ofthe time and place fixed for an advance vote shaU be given as prescribed in

section 35 . Advance vote stations 75(1) When an advance vote is authorized, the returning officer shaU estabUsh the number of advance voting stations he considers neces sary.

(2) If there are wards in a local jurisdiction, the deputy in charge of the voting station shaU maintain separate ballot boxes for each ward.

(3) Except as otherwise provided, a vote held at an advance voting station shaU be conducted in the same maimer as a vote on election day except that, on the baUot box being locked at the opening ofthe 25

Advance vote qualifications Elector's declaration Incapacitated elector at voting station Incapacitated elector at home first day ofthe advance vote, it shall be kept locked and sealed at all times so that it cannot be opened and on the completion of the advance vote shaU be sealed so that no baUots can be deposited in it without breaking the seal and it shall remain like that until opened for the counting of ballots on election day. 76 The persons authorized to vote at an advance vote are the elec tors (

a) who have reason to believe that they wiU be absent from the local jurisdiction during the whole time fixed for the election, (

b) who by reason of physical disabiUty find it impossible or extremely difficult to attend at the regular voting station, or (

c) who are election officials who have been provided a certificate by the returning officer entitling them to vote under

section 83(3). 77 Every person applying to vote at an advance voting station, before being permitted to vote, shaU be required by the deputy in charge of the voting station to make a declaration in the prescribed form, which shaU be kept by the deputy with the other records ofthe voting station. 78(1) The deputy, at the request of an elector who is unable to read or is incapacitated by bUndness or another physical condition from marking his baUot in the usual manner, shaU mark the vote of that elector on his baUot in the manner directed by that elector, and shall immediately deposit the baUot in the baUot box.

(2) The deputy shaU not act under subsection (1) until the elector has made the prescribed oath.

(3) The deputy, if requested by an elector described in subsection (1) who is accompanied by a friend, shaU permit that fiiend, on making the prescribed oath, to accompany the elector into a voting compart ment for the purpose of marking the elector's ballot and the ballot when marked shaU be deUvered by the elector or the friend to the deputy to be deposited in the baUot box.

(4) The deputy shaU not permit an elector to vote under subsection (3) until the elector and his friend have taken their prescribed oaths.

(5) No candidate or agent shaU be present in the voting compart ment at the marking of a baUot under this section.

(6) The deputy shaU enter or cause to be entered in the voting reg ister, opposite the name of a person voting under this

section in the "remarks" column ofthe voting register, that the vote ofthe person is marked pursuant to this

section and the reason why it is so marked. 79(1) An elected authority may by resolution provide for the attend ance of a deputy at the residence of an elector, during the hours an advance voting station is open or other times as may be fixed by the resolution, in order to take the votes of an elector who, because of physical incapacity, is unable to attend a voting station or an advance voting station to vote.

(2) When a resolution has been passed under subsection (1), an elec tor described in subsection (1) may apply in writing, in the form and within the time fixed by the resolution, to the returning officer to have a deputy attend at his residence to take his vote.

(3) If the returning officer is satisfied that an elector is unable to attend a voting station or an advance voting station because of phys ical incapacity, he shaU include that elector's name and address on a list arranged alphabetically according to wards.

(4) When the returning officer has completed the list in accordance with this section, he shaU (

a) advise each appUcant in writing that his application has been accepted or rejected, as the case may be, and in the event of rejection, give reasons for it, (

b) inform each elector whose application has been accepted of the date and the approximate time at which the deputy wiU at tend at his residence, and (

c) appoint sufficient deputies to give full effect to this section.

(5) All attendances by deputies under this

section shaU be made during the hours fixed by the resolution and no vote shaU be taken at any other time.

(6) If there are wards or voting subdivisions in a local jurisdiction, the deputy shaU maintain separate baUot boxes for each ward or voting subdivision.

(7) Every residence where a vote is taken under this

section is a voting station and the voting procedures shaU as nearly as possible foUow the provisions of this Act. 80 For the purpose of taking the votes of any electors (

a) who on election day are confined to a hospital, auxiUary hos pital or nursing home in the local jurisdiction or are resident in a senior citizens home or unit as defined in the Senior Citizens Housing Act located in the local jurisdiction, and (

b) who are unable to attend at the voting stations at which they are eUgible to cast their votes, the returning officer may appoint the number of deputies and elec tion clerks he considers necessary to take the votes of those persons. Attendance at an 81(1) If au institutional votc is provided for, the returning officer •nstuutionai vote ^^^^ ^ ^^^ ^^^^^ ^^ elcctiou day at which the votes in the institu tions shaU be taken, and the deputies and election clerks, accom panied by an official ofthe institution, shaU (

a) attend, with a baUot box, on those patients that the admin istrator or other person having charge of the institution certifies to the deputy to be bona fide patients in the institution, and Institutional vote staff

Institutional vote procedure Election officials' vote Voting machines (

b) take the votes of any of those patients who express a desire to vote.

(2) If there are wards in a local jurisdiction, the institutional vote shaU be held in accordance with subsection (1), except that the dep uty in charge of the voting shall maintain separate ballot boxes for each ward. 82(1) Every institution at which a vote is taken is a voting station and the voting procedure shall as nearly as possible follow the pro visions of this Act.

(2) The deputy shaU post a copy of the notice prescribed under sec tion 35 in at least 1 conspicuous place in the institution, not less than 2 days before election day. 83(1) Subject to subsection (3), the returning officer, on the request of an elector who has been appointed deputy, election clerk or con stable to attend at a voting station during the whole of election day other than where he is entitled to vote, shall provide him with a certificate stating that he is eUgible to vote at the voting station where he is to be stationed during election day.

(2) On the production ofthe certificate, the deputy, election clerk or constable may vote at the voting station where he is stationed, in stead of the voting station where he would otherwise have been eli gible to vote, and the returning officer shaU attach the certificate to the voting register.

(3) If, in a local jurisdiction where a ward system is in effect, an elector is appointed a deputy, election clerk or constable to attend at a voting station in a ward other than the one where he is eligible to vote, the retmning officer may provide him with a certificate making him eUgible to vote at an advance voting station, and he may vote at the advance voting station without the necessity of completing the declaration required by

section 77.

(4) Section 58 does not apply to an employee who is given a certifi cate. 84(1) An elected authority may by by-law provide for the taking of the votes ofthe electors by means of voting machines, vote recorders or automated voting systems.

(2) Notwithstanding sections 42 and 43, the by-law shaU prescribe the form of the baUot and the directions on voting procedure to be used and contain the procedures to be foUowed (

a) in the taking of the votes by any of the means provided in subsection (1), and (

b) in the counting, by machine or otherwise, ofthe votes taken by any ofthe means provided in subsection (1), and the procedures shaU as nearly as possible foUow the provisions of this Act. 28

Counting jf voles

(3) Sections 85 and 103 to 115 do not apply when the votes ofthe electors are taken by any ofthe means provided in subsection (1).

PART 3 POST-VOTE PROCEDURES 85(1) Immediately after the close ofthe voting station, the deputy shall in the presence of (

a) the election clerk, if any, and (

b) the candidates or agents, if any, open each baUot box and proceed to count the votes.

(2) The deputy shaU not permit more than the candidate or his agent, or more than 1 agent of either side of a vote on any by-law or question to be present at the same time io a voting station during the counting of the votes. Void ballots 86(1) The deputy shaU examine the ballots and any ballot (

a) that does not bear the initials of the officer, (

b) on which more votes are cast than an elector is entitled to cast, (

c) on which anything is written or marked by which an elector can be identified, (

d) that has been torn, defaced or otherwise dealt with by an elector so that he can thereby be identified, (

e) which is not marked by an "X", or (

f) on which no vote has been cast by an elector, is void and shall not be counted.

(2) On the back of a baUot the deputy shall (

a) endorse "rejected" if he rejects it as void, and (

b) endorse "rejection objected to" if any objection is made to his decision, and shaU initial each endorsement.

(3) Notwithstanding subsection (l)(e), if a vote, though incorrectly marked on a ballot, clearly indicates for whom or what the elector intended to vote, the deputy may count that ballot. Note of objection 87(1) The dcputy shaU in the prescribed form make note of any objection made by a candidate or his agent or in the case of a by-law or question by any person authorized to attend, to any ballot found in the ballot box and shaU decide any question arising out of the objection. 29

Ballot account Signatures to ballot account

(2) Every objection shaU be numbered and a corresponding number shaU be placed on the back ofthe ballot and initialled by the deputy. 88(1) The deputy shaU count the baUots marked for each candidate on the baUots not rejected, and shaU prepare a ballot account in the prescribed form with the following headings: (

a) the name of the local jurisdiction; (

b) the name or number ofthe voting subdivision; (

c) the date of the election; (

d) the number of baUots suppUed; (

e) the number of persons who voted at the voting station; (

f) the number of baUots marked for each candidate; (

g) the number of rejected baUots; (

h) the number of unused and spoiled ballots and ballots marked "decUned'!

(2) In the case of a vote on a by-law or question, the deputy shall count the number of baUots marked for and against the by-law, or in the affirmative and negative on the question, and shaU prepare a baUot account in the prescribed form with the foUowing headings: (

a) the name of the local jurisdiction; (

b) the name or number of the voting subdivision; (

c) the date of the election; (

d) the number of baUots suppUed; (

e) the number of persons who voted at the voting station; (

f) the number of baUots marked for the by-law or in the affirm ative on the question; (

g) the number of baUots marked against the by-law or in the negative on the question; (

h) the number of rejected baUots; (

i) the number of the unused and spoiled baUots and baUots marked "declined". 89(1) The baUot account shaU be signed by the deputy and the elec tion clerk and may be signed by those of the candidates or their agents present who desire to sign it.

(2) A deputy, on being requested to do so, shaU as soon as practic able provide a copy of the baUot account to persons authorized to sign the baUot account. 30

Certificate in voting register 90 Every deputy at the close of the voting station shall certify on the voting register, in words, the number of persons who voted at the voting station at which he was appointed to preside. Packets of ballots 91(1) At the Completion of the counting of the baUots and in the presence of those persons authorized to attend at the voting station, the deputy shall make up into separate packets (

a) the used baUots that have not been objected to and have been counted, (

b) the used baUots that have been objected to, but that have been counted, (

c) the rejected baUots, (

d) the spoiled baUots, (

e) the baUots given to electors who afterwards returned them declining to vote, (

f) the unused baUots, (

g) the notes taken of objections made to baUots found in the baUot box, and (

h) the voting register together with the oath referred to in sub section (2).

(2) Immediately on completion of the count of baUots, the deputy shaU take an oath in the prescribed form. Sealing ballot packets Sealing ballot boxes Delivery of ballot box and ballot account 92 Each packet of baUots shaU be sealed with the deputy's seal and each packet shaU be marked on the outside with (

a) a short statement ofthe contents ofthe packet, (

b) the date ofthe election, (

c) the name ofthe deputy, and (

d) the voting subdivision name or number. 93 The deputy shaU then place aU the packets containing baUots, the voting register, all oaths and declarations made on voting day and Ust of electors, if any, in the baUot box and the baUot box shaU be locked and sealed witii the deputy's seal and marked on the out side with the voting station name or number. 94(1) The deputy personaUy shaU as soon as is practicable deUver to the returning officer the sealed baUot box and the baUot account.

(2) Notwithstanding subsection (1), if the deputy is unable to deUver the items personaUy to the returning officer, he shaU deUver them to a person chosen by the deputy for the purpose, and shaU obtain a receipt for them. 31

Election results Declaration of vote result

(3) The person chosen under subsection (2) shaU personally deliver the items to the returning officer as soon as is practicable and obtain a receipt for them. 95(1) At any general election or by-election the candidate or candi dates receiving the highest number of votes shall be declared to be elected.

(2) Unless another enactment provides otherwise, if more than 50% of the persons voting vote in favour of the by-law or affirmatively on the question, then the by-law or question is deemed to be assented to by the electors or the proprietary electors, as the case may be. 96(1) In the case of a vote on a by-law or question, when there is only 1 voting station, the returning officer shall declare the result of the vote immediately after he completes the countiog ofthe ballots.

(2) In the case of a vote on a by-law or question, if there is more than 1 voting station, the returning officer, after he has received the baUot boxes from aU of the voting stations and without opening any ofthe sealed packets of ballots, shall calculate the number of ballots marked for and against the by-law or question from the ballot ac count of the number of baUots given and shaU declare the result in accordance with

section 97(2).

(3) The returning officer shaU, on declaring the result, certify the percentage of persons who have voted in the affirmative and exclude fi-om the total number of baUots aU baUots that have not been counted.

(4) The returning officer shall forward a signed statement showing the number of votes for and against a by-law or question to the secretary and the relevant Minister's Deputy Minister. Declaration of 97(1) If thcrc is ouly 1 votiug statiou, the returning officer shall election result declare thc rcsult of the voting immediately after he has counted the baUots.

(2) If there is more than 1 voting station, the returning officer shall, at noon on the 4th day after the election day (

a) at the local jurisdiction office, in the presence of the candi dates or their agents and any other persons present, announce, or (

b) at the office of each local jurisdiction for which an election was held, post or cause to be posted, the results of the voting for candidates including a declaration that the candidate receiving the highest number of votes for each office to be fiUed is elected.

(3) The returning officer shaU, if the resuU was announced, post in some conspicuous place a statement signed by him showing the num ber of votes for each candidate.

(4) The returning officer shaU forward a signed statement showing the number of votes for each candidate and indicate each candidate 32

Recount declared to be elected to the secretary and the relevant Minister's Deputy Minister. 98(1) If a candidate disagrees with the record of the result of the count of votes as shown by the baUot account ofthe officer presiding at a voting station, and shows reason for his disagreement, the re turning officer may make a recount.

(2) If the returning officer makes a recount, he shall (a) 12 hours before the recount, notify the persons who attended the original count and aU the candidates who may be affected by the recount, (

b) break the seal of the baUot box, and (

c) proceed to count the ballots contained in it in the same man ner as the deputy presiding at the voting station is directed to do.

(3) After the recount, the returning officer shaU (

a) correct the baUot account if necessary, (

b) place in the baUot box aU the documents contained in it at the time he broke the seal, and (

c) lock the baUot box and seal it with his seal.

(4) An appUcation under this

section may be made by a candidate during the 72-hour period immediately foUowing the closing of the voting stations but may not be made afterwards. 99 If it appears on the calculation of the votes that 2 or more candidates for any office have received the same number of votes, and if it is necessary for determiniiig which candidate is elected, the returning officer shaU write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture, and after folding the sheets of paper in a uniform manner and so that the names are concealed, shaU deposit them in a recep tacle and direct somo person to withdraw 1 of the sheets and the returning officer shaU declare the candidate whose name appears on the withdrawn sheet to have 1 more vote than the other candidate. 100(1) As soon as practicable after the election, the returning officer shall deUver to the secretary the sealed baUot boxes, the baUot ac count and the nomination papers, and the secretary is thereafter responsible for their safekeeping and for their deUvery when re quired.

(2) The nomination papers and baUot account may be inspected by an elector during regular business hours in the presence of the sec retary. Disposition of 101 The secretary, unless otherwise ordered by a judge, shaU retain election material ^^ baUot boxcs with their soals unbroken for 6 weeks from the date of voting and then shaU cause the baUot boxes to be opened and their contents destroyed in the presence of 2 witnesses and each of the 2 Equality of votes Delivery of election material 33

Order for inspection of ballots witnesses shaU take an affidavit that he has witnessed the destruction ofthe contents ofthe baUot boxes. 102(1) No person may inspect any baUots in the custody ofthe secretary except on order of a judge.

(2) An order referred to in subsection (1) may be granted on evi dence on oath, satisfactory to the judge, that the inspection or pro duction ofthe baUot is required for the purpose of (

a) maintaining a prosecution for an offence in relation to the election, (

b) taking proceedings under this Act to contest an election re tum, or (

c) preparing an appUcation for a recount.

(3) The order shaU (

a) state the time and place for inspection of the papers, (

b) name the persons to be present at the inspection, and (

c) name the other persons entitled to be present at the inspec tion, and may prescribe any conditions the judge considers advisable.

PART 4 RECOUNT PROCEDURE Judicial recount 103(1) At auy timc vvithin 15 days from the time ofthe pubhc dec- apphcation faratiou of the result of an election by the returning officer, any elec tor may apply to the Court by notice of motion for a recount, after the elector has (

a) filed an affidavit with the clerk of the Court stating that the returning officer or a deputy or other officer presiding at the vot ing station, in counting the ballots given at the election, improp erly counted or rejected baUots, and (

b) deposited with the clerk of the Court $300 in cash, or by certified cheque or cash order, or by money order, as security for the payment of costs and expenses.

(2) The deposit of $300 shaU not be paid out by the clerk without the order of a judge. Notice of application Recount appwintment 104 At least 3 days prior to the appUcation for a recount, a copy of the notice of motion and the affidavit filed shall be served by the appUcant on the secretary, the returning officer and aU candidates for the affected office. 105 On the hearing of the application for a recount, a judge may appoint a time and place to recount the baUots and cause a notice in 34

Persons jermitted at recount Examination jf ballots Recess during recount Statement after recount writing to be given to the secretary, to aU candidates for the affected office and to any other person the judge may direct, ofthe time and place where the baUots will be recounted. 106(1) The judge, the clerk ofthe Court, the secretary, the returning officer, each candidate notified to attend the recount, each notified candidate's agent and solicitor and persons permitted by the judge may be present at the recount.

(2) The secretary shall be present at the recount with the sealed baUot boxes and the baUot account used at the election. 107(1) At the time and place appointed, the judge shall, in the pres ence ofthe parties in attendance, proceed to open all the seals ofthe packets containing the baUots and count or cause to be counted all the ballots received by the secretary from the returning officer as having been cast in the election complained of

(2) In counting the baUots care shall be taken not to disclose how any elector has voted. 108(1) The judge shaU examine the baUots that are objected to and recount the ballots.

(2) Any ballot (

a) that lacks the initials of an officer, (

b) on which votes are cast for more candidates than are to be elected to the office, (

c) on which anything is written or marked by which the elector could be identified, or (

d) that has been torn, defaced or otherwise dealt with, with the result that an elector could be identified, is void and shaU not be counted.

(3) The judge shall take a note of any objection made by a candidate or by his agent to a ballot, and shall decide any question arising out ofthe objection, and the decision ofthe judge is final. 109(1) The judge shaU, as far as practicable, proceed continuously with the recount except during any hours excluded by the judge.

(2) During the excluded time, the judge shall take precautions for the security of the baUots and documents. 110(1) The judge shaU, after counting the votes marked for each candidate on the ballots not rejected, prepare a written statement that includes the number of ballots marked for each candidate and the number of ballots rejected and not counted by him.

(2) The statement shall be made under the foUowing headings: (

a) names of candidates; 35

Equality of recount votes Certification of recount Costs of recount (

b) number of ballots for each candidate; (

c) baUots that lack initials of deputy; (

d) baUots on which votes are cast for more candidates than are to be elected to the office; (

e) baUots on which anything is written or marked by which an elector could be identified; (

f) baUots that have been torn, defaced or otherwise deaU with, with the result that an elector could be identified; (

g) baUots rejected as unmarked or void.

(3) If the baUot box for a voting station has been lost or destroyed the judge shaU use the baUot account and aUow the candidates named in it the number of votes shown thereby as given for those candi dates. 111(1) If the judge has counted an equality of baUots for 2 or more candidates for the same office, and if it is necessary for determining which candidate is elected, then he shaU write the names of those candidates separately on blank sheets of paper of equal size and of the same colour and texture, and after folding the sheets of paper in a uniform manner and so that the names are concealed, shall deposit them in a receptacle and direct the clerk ofthe Court or some other person to withdraw one ofthe sheets, and the judge shaU declare the candidate whose name appears on the withch-awn sheet to have 1 more vote than the other candidate or candidates. (2) Subsection (1) does not apply if the candidates having received an equaUty of baUots also had an equality of ballots at the time of the calculating of baUots by the returning officer, in which case the judge shaU declare the candidate who previously has been declared to have received 1 more baUot stiU to have 1 more baUot than the other candidate. 112 On the completion of the recount or as soon as he has ascer tained the result of the voting, the judge shaU replace the baUots in the respective baUot boxes and retum the boxes to the secretary and shaU forthwith certify the result to the secretary, who shaU forthwith post a statement in his office declaring the result. 113(1) AU costs, charges and expenses of and incidental to an appli cation for a recount, and to the proceedings consequent on it, shall be defrayed by the local jurisdiction, applicant, persons served with a notice, or any of them, in the manner and in the proportion the judge determines, having regard to any costs, charges or expenses that, in the opinion of the judge, have been caused by vexatious conduct, unfounded aUegations or unfounded objections on the part of the appUcant or any person served with a notice.

(2) The costs may, if the judge so orders, be taxed in the same man ner and according to the same principles as costs are taxed between soUcitor and cUent. 36

Payment of costs 114 The payment of any costs ordered by the judge to be paid may be enforced by execution, to be issued on filing the order of the judge and a certificate showing the amount at which the costs were taxed and an affidavit of the non-payment. By-law vote 115 Scctious 103 to 114 apply to a recount ofthe votes for and recount agaiust a by-law or question.

PART 5 CONTROVERTED ELECTIONS Bribery 116 A pcrsou commits the offcncc of bribery (

a) who directly or indirectly by himself or by any other person on his behalf (

i) gives, lends or agrees to give or lend or offers or promises money or valuable consideration, or gives or procures or agrees to give or procure or offers or promises an office, place or employment to or for an elector or to or for a person on behalf of an elector or any person, in order to induce an elector or a person to vote or to refrain from voting at an election, or (

u) corruptly does

an act described in subclause (

i) because a person has voted or has refrained from voting at an election, (

b) who directly or indirectiy by himself or by any other person on his behalf makes a gift, loan, offer, promise or agreement described in clause (

a) to or for a person in order to induce him to procure or defeat or endeavour to procure or defeat (

i) the election of a candidate, (ii) the passing of a by-law, (iii) the result of a vote on a question, or (iv) the vote of an elector at an election, (

c) who in retum for a gift, loan, offer, promise or agreement procures or defeats or engages or promises or endeavours to pro cure or defeat (

i) the election of a candidate, (ii) the passing of a by-law, (iii) the result of a vote on a question, or (iv) the vote of an elector at an election, (

d) who (

i) advances or pays or causes to be paid money to or for the use of any other person with the intent that the money or part of it be expended in bribery at an election, or 37

(ii) knowingly pays or causes to be paid any money to a person in discharge or repayment of any money wholly or in part expended in bribery at an election, (

e) who, being an elector, before or during an election directly or indirectiy by himself or any other person on his behalf receives, agrees to, accepts or contracts for any money, gift, loan or valu able consideration, office, place or employment for himself or any other person for (

i) voting or agreeing to vote, (ii) refraining or agreeing to refrain from voting, or (iii) voting or agreeing to vote for or against a particular can didate, by-law or question, at an election, or (

f) who after an election directly or indirectly by himself or any other person on his behalf receives any money or valuable con sideration because some person (

i) has voted or refrained from voting, (ii) has induced any other person to vote or refrain from voting, or (iii) has voted for or against or has induced any other person to vote for or against a candidate, by-law or question, at an election. nfluence 117 A pcrsou commits the offence of undue influence who (

a) directly or indirectiy by himself or by any other person on his behalf (

i) makes use of or threatens to make use of any force, viol ence or restraint, (ii) infficts or threatens the infliction by himself or by or through any other person of any injury, damage, harm or loss, or (iii) in any manner practises intimidation, on or against any person in order to induce or compel any person to vote or refrain from voting, or to vote for or against a partic ular candidate, by-law or question, at an election, or on account of an elector having voted or refrained from voting at an election, or (

b) by abduction, duress or any fraudulent device or contrivance impedes, prevents or otherwise interferes with the free exercise of the franchise of an elector or thereby compels, induces or prevaUs on an elector to give or refrain from giving his vote, or 38

to vote for or against a candidate, by-law or question, at an elec tion. uiowabie 118 The foUowing expenses shaU be held to be lawfully incurred lection expenses ^j^^j ^^iQ payment of them is not a contravention of this Act: (

a) the actual personal expenses ofthe candidate; (

b) the cost of acquiring premises, accommodation, goods or ser vices used for proper election campaign purposes; (

c) bona fide payments for the fair cost of printing and advertis ing; (

d) reasonable and ordinary payment to any person for the hire of transportation used (

i) by a candidate or speakers in traveUing to and from public meetings, or (ii) by any person in connection with and for the proper pur poses of an election. Oral evidence 119 Whcu OU a motiou in the uaturc of a quo Warranto a qucstiou is raised relating to whether the candidate, elector or other person has been guilty of bribery or undue influence, viva voce evidence shaU be used to prove the offence, and evidence by affidavit may not be used to prove the offence. Forfeiture of seat 120 A Candidate clccted at an election who is found guilty, on the hearing of a motion in the nature of a quo warranto, of bribery or of using undue influence (

a) forfeits his office, and (

b) is ineUgible to be nominated as a candidate until after 2 gen eral elections have taken place foUowing his conviction. Penalty for 121(1) A pcrsou adjudgcd guilty of bribery or undue influence is htte""''"' hable to a penalty of not more than $1000, which shaU be paid to the local jurisdiction on behalf of which the election was conducted.

(2) The judge shaU direct that, in default of payment ofthe penalty within the time fixed by him, the person adjudged guilty of bribery or undue influence be imprisoned for the period the judge directs, not exceeding 30 days, or until the penalty is sooner paid.

(3) If the person adjudged guilty of bribery or undue influence fails to pay the penalty within the time fixed by the judge, the judge shall issue a warrant for his arrest and imprisonment. Report of bribery or undue influence convictions 122(1) A judge who finds a person guilty of bribery or undue influ ence shaU report his finding forthwith to the secretary.

(2) The secretary shall enter in a book to be kept for that purpose the names of all persons who have been reported to him by the judge pursuant to subsection (1). 39

Witnesses Limitation of action Recovery of penalties Trial of an election 123(1) A witness is bound to attend before a judge (

a) on being served vsdth a notice signed by the judge or by the solicitor of either party directing his attendance, and (

b) on payment ofthe proper conduct money in accordance with the Rules of Court, and in default thereof he may be punished for contempt of court.

(2) No person shall be excused from answering any questions put to him (

a) on the hearing of a motion in the nature of a quo warranto, or (

b) in a proceeding touching or conceming an election or the conduct of a person in relation thereto, on the ground that the answer to the question will tend to incrimi nate him.

(3) No incriminating answer given to any question in proceedings under this Act shaU be used against the person who gave the answer in proceedings, under this or any other Act, except in a prosecution for perjury or for the giving of contradictory evidence.

(4) No person who has voted at an election shaU be required to state in evidence in any legal proceedings whether he has voted for or against a particular candidate, by-law or question. 124 No proceedings against a person for bribery or undue influence may be commenced after 6 weeks from the election day in respect of which the offence is alleged to have been committed. 125(1) No pecimiary penalty or forfeiture imposed by this Act for

an act of bribery or undue influence at an election is recoverable if it appears (

a) that the person charged and another person or other persons were together guilty ofthe act charged either as giver or receiver or as accompUces, or othenvise, and (

b) that the person charged has previously bona fide prosecuted the other person or persons or any of them for that act. (2) Subsection (1) does not apply if the judge certifies that it clearly appears to him that the person charged took the first step towards the commission of the offence charged and was in fact the principal offender. 126(1) If the vaUdity of an election of a member of an elected authority or his right to hold the seat is contested, or if the validity of a vote on a by-law or question is contested, the issue may be tried by the Court.

(2) The issue may be raised before the Court by (

a) a candidate at the election. 40

•iat for notice if motion (

b) any elector (

i) if the right to sit is by acclamation, or (ii) if the right to sit is contested on the grounds that a mem ber of the elected authority is ineligible, disquaUfied or has forfeited his seat since his election, or (

c) an elector who gave or tendered his vote in the election. 127(1) For the purposes of this

section and sections 128 to 138, "respondent" means the party against whom a motion is made.

(2) If within 6 weeks after an election the person raising an issue shows by affidavit to a judge reasonable grounds (

a) for supposing that the election was not legal or was not con ducted according to law, (

b) for supposing that the candidate declared elected was not duly elected, (

c) for contesting the validity ofthe election of a member ofthe elected authority, or (

d) for contesting the validity ofthe result of a vote on a by-law or question, the judge may grant his fiat authorizing the person raising the issue, on entering into a sufficient recognizance as provided in subsection (4), to serve a notice of motion in the nature of a quo warranto to determine the matter.

(3) If at any time the person raising the issue shows to a judge by affidavit reasonable grounds for supposing that a member of an elected authority has become disqualified since his election and has not re signed his seat, the judge may grant his fiat authorizing the person raising the issue, on entering into a sufficient recognizance as pro vided by subsection (4), to serve a notice of motion in the nature of a quo warranto to determine the matter.

(4) The recognizance to be aUowed as sufficient by the judge shaU be entered into before the judge or before a commissioner for taking affidavits by (

a) the person raising the issue, in the sum of $200, and (b) 2 sureties on affidavits of justification, each in the sum of $100, and shaU be conditioned to prosecute the motion with effect to pay to the respondent any costs that may be adjudged to him against the person raising the issue.

(5) When the sufficiency ofthe sureties has been determined and the recognizance has been aUowed as sufficient by the judge, he shall note or endorse thereon and on the fiat aUowing service of the notice of motion the words "recognizance aUowed" and shaU initial it. 41

Notice of motion 128(1) TUc uoticc of motiou may either state requirements (

a) the retum day ofthe motion, being not less than 7 clear days after the day of the service of it, or (

b) that the motion will be made on the 8th day after the day of service of the notice.

(2) The person raising the issue shaU in his notice of motion set forth his name in fiiU, his occupation, his place of residence and the interest, as a candidate, elector or otherwise, that he has in the elec tion and shaU also state specifically under distinct heads (

a) aU the grounds of objection to the validity of the election complained against, (

b) if the person raising the issue claims that he or any other person or persons should have been declared elected, the grounds in favour of the vaUdity of the election of the person raising the issue or of the other person or persons, (

c) the grounds of forfeiture or disqualification ofthe respondent, (

d) if the person raising the issue claims that the result of the voting on the by-law should be reversed, the grounds in support of that contention, and (

e) if the person raising the issue makes any other claim, the grounds in support of that claim. Filing of documents 129 Before serving his notice of motion the person raising the issue shaU file aU affidavits and material on which he intends to rely, ex cept where viva voce evidence is to be taken, in which case he shall name in his notice the witnesses whom he proposes to examine. Service of notice 130(1) The ooticc shaU be served on the persons and in the manner ofmofon the judge directs.

(2) Service of the notice of motion shall be made within 2 weeks from the date of the fiat granted by the judge unless otherwise or dered by the judge.

Motion to try validity of election Combination of motions Grounds not allowed 131 When the person raising the issue aUeges that he himself or some other person or persons have been elected, the motion shall be to try the vaUdity both of the election complained of and of the aUeged election ofthe person raising the issue or ofthe other person or persons. 132 If any of the grounds of objection apply equally to 2 or more persons declared elected, the person raising the issue may proceed by one motion against aU those persons. 133(1) On the hearing of the motion the person raising the issue shaU not be aUowed (

a) to object to the voting on the by-law or question. 42

'roduction of lection material Ldding parties Hearing (

b) to object to the election of the respondent, (

c) to attack the respondent's right to sit, or (

d) to support the election of any person aUeged to have been elected, on any ground not specified in the notice of motion.

(2) Notwithstanding subsection (1), the judge in his discretion may entertain any substantial ground of objection to or any substantial contention in support of (

a) the voting on a by-law or question, or (

b) the vaUdity of the election or of the right to sit of either or any of the parties who may appear in evidence before him. 134 The judge may require the secretary to produce before him any baUots, books, Usts of electors and other Usts and any other records of the election and documents in his possession and con nected with the election that the judge considers necessary. 135 The judge may, if he thinks proper at any stage ofthe proceed ings, make an order adding the returning officer, deputy or any other person as a party. 136 The judge may aUow any person described in

section 126(2) to intervene in the proceedings and to prosecute or defend and may grant a reasonable time for that purpose, and an intervening party is as Uable to pay and as entitled to receive costs as any other party to the proceedings. 137(1) The judge shaU in a

summary manner without formal plead ings hear and determine (

a) the validity ofthe voting on the by-law or question or in the election, or (

b) the right of the respondent to sit, and may inquire into the facts on affidavit or affirmation or by oral testimony.

(2) If the validity of an election is contested before a judge on the grounds of (

a) a contravention of this Act or of any other Act applicable to (

i) the election, (ii) the procedure at the voting station, or (iii) the counting ofthe votes, (

b) a mistake in the use of any ofthe forms required in connec tion with the election, or 43

(

c) any other irregularity, the judge, in his discretion, may adjudge the election invalid.

(3) If the vaUdity of an election is contested before a judge on the grounds mentioned in subsection (2) and it appears to the judge that the election was conducted substantially in accordance with the re quirements of this Act and that the contravention, mistake or irreg ularity did not materially affect the result of the election, he may adjudge the election vaUd. Invalid election 138(1) If thc clcction of a Candidate complained of is adjudged in- vaUd, the judge shaU, by the judgment, order the respondent to be removed and his office vacated, and if the judge determines that any other person was elected the judge shaU forthwith order the other person to be admitted to the office.

(2) If the voting on a by-law or question complained of is adjudged invaUd, the judge, by the judgment, shaU declare the voting on the by-law or question invaUd and may order a new election to be held or make any order he considers just having regard to aU the circum stances.

(3) If the judge determines (

a) that the election of all members of an elected authority is invaUd, or (

b) that aU members of an elected authority have become dis quaUfied, he shaU forthwith order a new election to be held and the order shall be directed to the secretary, who on receipt of the order has all pow ers in connection with the holding of the election that are conferred by law on the elected authority for filUng vacancies in the elected authority or district board.

(4) Notwithstanding subsection (3), the relevant Minister may make any regulations for the conduct of the election not inconsistent with any Act that he considers proper and the secretary shaU conform in aU respects to those regulations.

(5) The Regulations Act does not apply to regulations made under subsection (4). Liability for costs 139(1) If au elcctiou has been held invalid owing to the improper refusal of a returning officer or deputy to receive baUots tendered by electors or to give baUot papers to electors, the judge may in his discretion order the costs ofthe proceedings to unseat the candidate declared elected, to declare the by-law or any part of it or a vote on a question invaUd, or any other costs, to be paid by the returning officer or deputy.

(2) Nothing in subsection (1) is deemed to affect any right of action against a returning officer or deputy or to relieve the returning officer or deputy from any other penalty or punishment to which he may be Uable. 44

Liability for costs 140 If it appears to the judge that an election is invalid by reason of any act of non-feasance or misfeasance on the part of (

a) the returning officer, (

b) a deputy, or (

c) an election clerk, the judge may in his discretion order that the costs ofthe proceedings to unseat the person declared elected, or to declare the voting on the by-law or question, or any part of it, invalid, or any other costs, be paid by the local jurisdiction in and for which the election was held. Form and effect 141 After the adjudication on the case an order shaU be drawn up of order ^ ^^ ^^^^j^j manner that shaU state concisely the ground and effect ofthe decision, and the order (

a) may at any time be amended by the judge in regard to any matter or form, and (

b) has the same force and effect as a writ of mandamus formerly had in simUar cases. Return of judge's order Disclaimer after motion Effect of disclaimer 142(1) The judge, immediately after his decision, shall retum his order to the proper office of the Court to be kept as a record of the judgment ofthe Court.

(2) The judgment ofthe Court may be enforced in the same manner as an ordinary order of mandamus of the Court and a writ of exe cution may be issued imder it to recover any costs awarded by the judgment. 143 A candidate (

a) whose election is complained of, unless the election is com plained of on the ground of bribery or undue influence on the part of that person, or (

b) whose seat is attacked on the ground that he has become ineUgible or disquaUfied, may within 7 days after service on him of a notice of motion de scribed in

section 128 cause to be deUvered to, or may transmit by prepaid registered mail directiy to the clerk ofthe Court and also to the person raising the issue, or his soUcitor, a disclaimer signed by him in the prescribed form. 144(1) A disclaimer deUvered (

a) before the election, or (

b) before the person disclaiming is complained of, reUeves the person making it from aU liabiUty to costs.

(2) A disclaimer transnutted or deUvered under this Act operates as a resignation and the vacancy so created shaU be fiUed in the manner provided by this Act 45

Delivery of duplicate disclaimer 145 A person disclaiming after service on him of a notice of mo tion in the nature of quo warranto shaU deliver a dupUcate of his disclaimer to the secretary, and the secretary shall forthwith com municate it to the elected authority. Right of appeal 146 Ao appeal against the decision of a judge Ues to the Court of Appeal and the proceedings appertaining to it shaU be as nearly as possible the same as in an appeal in other cases from a decision of the Court of Queen's Bench. Rules of court 147 The Licutcnant Govemor in Council may make rules of court (

a) regulating the form of any notices, orders or other proceed ings to be issued, given, made or taken under this Part, and (

b) respecting the practice generaUy (

i) in hearing and determining the validity of elections in local authorities and of voting on by-laws and questions, or (ii) in hearing and determining the question of the right of any person to sit on an elected authority or district board, and may fix a tariff of costs to be appUcable to it.

PART 6 OFFENCES Prohibitions 148(1) No pcrsou shaU (

a) without authority supply a baUot to any person, (

b) fraudulently put into a baUot box any paper other than a baUot that he is authorized by this Act to deposit, (

c) fraudulently take a baUot out ofthe voting station, (

d) without authority destroy, take, open or otherwise interfere with any baUot box or packet of ballots then in use for the pur pose of an election.

(2) No person shaU (

a) request a baUot in the name of some other person, whether the name is that of a person Uving or dead or of a fictitious person, or (

b) having voted once, request at the same election a ballot in his own name.

(3) No person shaU vote knowing that he has no right to do so.

(4) No person shaU (

a) print or distribute or cause to be printed or distributed in any advertisement, handbiU, placard, poster, circular, pamphlet or newspaper or other paper a form of baUot printed by the retura- 46

ing officer, indicating or showing it to be marked for any candi date or candidates, or (

b) without written authority from the other candidates, print or distribute or cause to be printed or distributed, for the purpose of influencing or soUciting votes for any candidate, any adver tisement, handbiU, placard, poster, circular, pamphlet or news paper or other paper in connection with the names of any other candidates.

(5) Notwithstanding anything in this section, the retuming officer may at any time after nomination day cause a facsimile ofthe baUot for mayor, member of an elected authority, by-law or question to be pubUshed as often as he considers necessary in a newspaper circulat ing in the area, for the information ofthe electors.

(6) A person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence and Uable (

a) in the case of a retuming officer, to imprisonment for a term not exceeding 2 years, or (

b) in the case of any other person, to imprisonment for a term not exceeding 6 months or to a fine of not more than $500, or to both a fine and imprisonment. Offence 149 A rctumiug officer, deputy or election clerk who (

a) takes or receives a vote in contravention of this Act, (

b) refuses or wilfuUy omits to sign his initials on any ballot, (

c) acts wilfuUy in contravention of this Act, or (

d) commits a wilful omission, is gmlty of an offence and liable to a fine of not more than $500. Offence 150(1) Every retuming officer, deputy, election clerk, constable and agent in attendance at a voting station shall maintain and aid in maintaining the secrecy of the voting at the voting station.

(2) No person shaU interfere with or attempt to interfere with an elector when the elector is marking his baUot, or shaU otherwise attempt to obtain at the voting station information as to which can didate or candidates any elector at that voting station is about to vote or has voted for.

(3) No person shaU, in a voting station, (

a) canvass or soUcit votes, or (

b) make any communication to an elector otherwise than through the deputy.

(4) No person shaU display at the voting station or distribute or post in it a specimen baUot paper marked for a candidate or any other material purporting to explain to the electors how to vote or leave 47

or post a baUot or other material in a voting compartment other than the material that is required to be posted in accordance with this Act.

(5) No person shaU communicate at any time to any person any information obtained at a voting station as to which candidate any elector at that voting station is about to vote or has voted for.

(6) No retuming officer, deputy, election clerk and agent in attend ance at the counting of the votes shaU communicate or attempt to communicate any information obtained at that counting as to which candidate or candidates any vote is given for.

(7) No person shaU directly or indirectly induce an elector to display his baUot, after he has marked it, so as to make known to any person the name of any candidate for whom he has or has not marked his baUot.

(8) A person who contravenes this

section is guilty of an offence and liable to a fine of not more than $500 or to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment. Offence 151 A Candidate for elective office who signs a candidate's accept ance form that contains a false statement is gmlty of an offence and Uable to a fine of not more than $1000. Printer's name on advertising Advertisement distribution 152(1) Every printed advertisement, handbiU, placard, poster, cir cular, pamphlet or other paper having reference to an election shall bear the name and address of its printer or of its printer and pub- Usher.

(2) A person who prints, pubUshes, distributes or posts or causes to be printed, pubUshed, distributed or posted any advertisement, hand bill, placard, poster, circular or paper described in subsection (1) that does not bear the name of its printer or its printer and pubhsher is gmlty of an offence and Uable to a fine of not more than $500.

(3) Notwithstanding subsection (1), an advertisement pubUshed in a newspaper and any document pubUshed by the retuming officer do not have to bear the name of the printer. 153(1) Subject to subsection (2), a person who, on election day, (

a) displays inside or on the outside of a building used for a voting station, or (

b) distributes within a building used for a voting station, an advertisement, handbiU, placard, poster, circular, pamphlet, news paper or other paper except those posted by the deputy in accordance with this Act is guilty of an offence and liable to a fine of not more than $100.

(2) The distribution by or on behalf of a candidate or his agent of newspapers, pamphlets or other literature containing articles or re ports on matters of pubUc interest is not a contravention of this section. 48

quor on iction day

(3) Where a person displays an advertisement, handbiU, placard, poster, circular, pamphlet, newspaper or other paper contrary to sub section (1), the deputy may cause it to be removed, and neither the deputy nor any person acting under his instmctions is Uable for trespass or damages resulting from or caused by the removal. 154(1) A council, by by-law, may provide that when an election is held under this Act no person shall seU or give liquor at any liquor store or Ucensed premises in the area during the whole ofthe day on which the voting is held or during the hours on that day specified in the by-law. (2) Subsection (1) does not apply to a day on which an advance vote is held. mproper jppointment of election official nterference with 155 A pcrsou who, without authorization, takes down, covers up, iMuments mutUatcs, dcfaccs or alters any notice or other document required to be posted under this Act is guilty of an offence and liable to a fine of not more than $500. 156 A person who (

a) procures an appointment as a retuming officer, deputy, elec tion clerk or constable by false pretence, deceit or other improper means, or (

b) acts as a retuming officer, deputy, election clerk or constable without lawful authority, is guilty of an offence and liable to a fine of not more than $1000. 1 of time 157 An employer who directly or indirectly (

a) refuses to allow, or (

b) by intimidation, undue influence or in any other manner interferes with the aUowance of, an employee to have a period of absence for voting provided for under

section 58 is guilty of an offence. 158 A person who obstmcts or interferes with the free access of (

a) an enumerator, (

b) a candidate, or (

c) a campaign worker on behalf of a candidate to a residence in a building containing 2 or more residences or to a residence in a mobile home park is, if the enumerator, candidate or campaign worker produces identification of his status as an enumer ator, candidate or campaign worker, guilty of an offence and liable to a fine of not more than $1000. 159 A person who is gmlty of an offence under this Act for which a penalty is not otherwise provided is liable to a fine of not more than $500. Offence Penalty 49

PART 7 GENERAL Regulations 160(1) Ou the appUcatiou of an elected authority, the Lieutenant Govemor in Council may make regulations providing for any matter not provided for or insufficiently provided for in this Act but any regulation so made ceases to have any effect after the last day ofthe next ensuing session of the Legislature.

(2) The Minister may make regulations prescribing forms for use imder this Act. Regulations 161(1) Notwithstanding anything in this Act, the Lieutenant Gov emor in Council may make regulations (

a) prescribing a system for the conduct and procedure of an election or vote that is not provided for in this Act or that is a modification of a system under this Act; (

b) prescribing forms for use in connection with a system pre scribed by regulations under this subsection; (

c) with respect to a system prescribed by regulations under this subsection, providing for any matter not provided for or insuflft- ciently provided for in this Act; (

d) providing that any person who contravenes any provision of the regulations under this subsection is guilty of an offence and Uable to imprisonment for a term not exceeding 6 months or to a fine of not more than $500, or to both a fine and imprisonment.

(2) On the appUcation of an elected authority, the Lieutenant Gov emor in CoimcU may, by regulation, on any terms and conditions he may prescribe, authorize the elected authority to pass a by-law adopt ing the system for conducting an election prescribed by regulations under subsection (1).

(3) Subject to regulations under subsections (1) and (2), the provi sions of this Act apply to an election held under this section. Consequential 162 The fallowing provisions are amended by striking out "Munic ipal Election Act" and substituting "Local Authorities Election Act": Alberta Lord's Day Act

section l(l)(b)(i); County Act sections 3(5)(d), 10, 14(a), 36; Crowsnest Pass Municipal Unification Act

section 2(3); Department of Social Services and Community Health Act sec tions 15(4), 16(4); Hospitals Act

section 14(

k) and (1); Municipal Government Act sections 13(l)(g)(iv), 26(1), 39, 56(l)(

b) and (3), 125(5), 276(4)(

a) and (b), 325(2); 50

Municipal and School Administration Act

section 8(1) and (2); New Towns Act

section 8(6). Consequential 163 The fallowing provislons are amended by Striking out "School Election Act" and substituting "Local Authorities Election Act": County Act sections 23(2)(

a) and (4)(a), 27; Municipal and School Administration Act sections 7(3) and 10(3) and (4); School Act sections 26(6), 39. Consequential 164 The County Act Is amended (

a) in

section 23(5)(

a) by striking out "tmstee under the School Election Act" and substituting "member of an elected authority under the Local Authorities Election Act"; (

b) in

section 40(2)(

b) by striking out "section 52(

c) of the Mu nicipal Election Act" arui substituting "the Local Authorities Elec tion Act". Consequential 165 Thc Jury Act is amended by repealing

section 4(

c) andtmbsti- tuting the following; (

c) members of the council of a municipality or members of a board of tmstees of a school district or school division; Consequential 166 The Lloydminstcr Hospital Act is amended (

a) in

section 52(1) by striking out "Part 2 ofthe Municipal Elec tion Act" and substituting "the Local Authorities Election Act"; (

b) in

section 54 by striking out "Part 2 ofthe Municipal Election Act" arui substituting "The Local Authorities Election Act" Consequential 167 The Municipal Government Act is amended (

a) in

section l(d)(iii)(

A) by striking out "quaUfied" and substi tuting "eligible"; (

b) in

section 415 by striking out "section 158 or 159 ofthe Mu nicipal Election Act" arui substituting "section 116 or 117 of the Local Authorities Election Act" Consequential 168 The Municlpal and School Administration Act is amended in

section 19(5)(

e) by striking out", the School Election Act or the Mu nicipal Election Act" and substituting "or the Local Authorities Elec tion Act". Consequential 169 The Northeost Alberta Regioruil Commission Act is ameruied in

section 8(1) by repealing clauses (

d) and (

i) arui by adding the following after clause (g): (g.

l) the Local Authorities Election Act; 51

Consequential 170 The School Act Is amended (

a) in

section 1 by repealing clause (

e) and substituting the follow ing: (e) "elector" means elector as defined in the Local Authori ties Election Act; (

b) in

section 2(l)(

a) by striking out "quaUfied" and substituting "eligible"; (

c) in

section 9 by striking out "School Election Act" and substi tuting "Local Authorities Election Act" by renumbering

section 9 as 9(1) and by adding the following after

section 9(1):

(2) A board with the approval of the Minister may, by reso lution, provide for the nomination of tmstees by wards or for the election of candidates by the general vote ofthe electors.

(3) A resolution under subsection (2) may be given effect at the next general election that follows passage ofthe resolution if the resolution has been passed not later than 30 days prior to nomination day.

(4) If a resolution under subsection (2) is passed less than 30 days prior to nomination day of a general election, the reso lution does not have effect until the general election next foUowing the one held immediately after the passage of the resolution. (

d) in

section 31(l)(

n) by striking out "tmstee under the School Election Act" and substituting "member of an elected authority under the Local Authorities Election Act". Repeal 171 The Municipal Election Act is repealed. Repeal 172 TYic School Elcction Act IS repealed. In accordance with

section 4(1) ofthe

Interpretation Act. this BiU comes into force on the date it receives Royal Assent. 52 Title: 1983 (20th, 1st) Bill 39, Local Authorities Election Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3659
Type	bill
Volume / chapter	L20 S1 3659
Language	en
Format	json
Source	PROVINCIAL
Identifier	d205b808204cedc8eaabc58cfe6309417f2ac3c1

Source file is stored in the law ingest library (json).