Bill 40 — Second Session, 16Th Legislature, 18 Euzawk-H the Legislative Assembly of Alberta Bill 40 An Act To Amend the Election Act (Legislature 16, Session 2)

L16 S2 4607

Alberta — Bills

1969 BILL 40 Second Session, 16th Legislature, 18 EUzaWk-H THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 40

An Act to amend The Election Act THE HON. R. A. SPEAKER First Reading . . .. Second Reading Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 40 1969

An Act to amend The Election Act (Assented to , 1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Election Act is hereby amended. 2. 'The following is added after

section 2: 2a.

(1) The Lieutenant Governor in Council may appoint a resident elector of an electoral division to be the return ing officer of the electoral division for the purposes of or in connection with elections under this Act and plebiscites under this or any other Act.

(2) Where a writ is issued for an election or plebiscite in an electoral division for which a returning officer has been appointed under subsection (1), that returning of ficer shall be named in the writ as the returning officer for that electoral division.

(3) In addition to performing the other duties required of a returning officer under this, Act, a returning officer appointed under subsection (1) shall (

a) from time to time review electoral subdivision boundaries, (

b) make such advance plans and preparations as are feasible to enable an election or plebiscite, when called in his electoral division, to be proceeded with expeditiously and efficiently, (

c) keep himself informed and knowledg,eable on the requirements of this Act so that an election or plebiscite in his electoral subdivi,sion may be con ducted with due dispatch and propriety in the best interests of the electors and candidates, and (

d) from time to time or as requested by the C1erk of the Executive Council, investigate and study elec-

Explanatory Notes I. 'This Bill amends

chapter 15 of the Statutes of Alhe~ta, 1956 to give effect to the :recommendations of the Legislative Committee made ,at the 196;8 session of the Legislature. 2. Provision is made for permanent returning officers to carry out various functions between elections. Appointments are for one-year terms. The new

section will Il'eplace

section 172.

tion practices and procedures f'Or the purposes of instituting increased ec'On'Omy, efficiency and serv ice to electors and candidates.

(4) The appointment of a returning officer under sub section (1) expires one year from the date it becomes ef fective, unless during that time a writ is directed to him in which case his appointment expires 60 days after the election or plesbiscite directed by the writ is held.

(5) A returning officer appointed under subsection (1) shall receive such compensation for his services and such subsistence and travelling allowances as may be prescribed by the Lieutenant Governor in Council.

Section 13 is amended by striking out subsections (2) and (3) and by substituting the following:

(2) The pr'Oclamation shall be published (

a) in a city constituency, by posting a ,copy in the returning officer's office and by publishing a copy, together with a notice of the address of the re turning officer's office, in a newspaper published in the city, and (

b) in an electoral division 'Other than a dty consti tuency, by posting a copy in the returning 'Officer's office and in each post office in the electoral divi sion, at least eight days before nomination day, neither the last day allowed for pUblication nor nomination day being reckoned in the eight days.

(3) The returning officer may post additional copies of the proclamation at such other places in the electoral division where he considers they will be reasonably safe from damage and will serve as public information. (3a) The returning officer shall, at the time the pro clamation is published, publish in a newspaper circulating in the electoral division a map showing the polling sub divisions 'Of the electoral division.

Section 16 is ,amended by striking .out subsection (2) and by substituting the following:

(2) Clause (

e) of subsection (1) does not apply to a person who is not mentally incompetent and who is in a hospital as a voluntary patient under

section 5 of The M en tal Health Act.

Section 25 is struck out.

Section 32 is amended by striking .out the words "twenty-one" and by substituting the figure "19". 2

Section 13 (2) and (3) presently read:

(2) The proclamation shall be posted up in at least two conspicuous places in each polling subdivision in the elect,oral division at least eight days befo,re nomination day, neither the last day allowed for posting up nor the nomination day being reckoned in the said eight days.

(3) In a city, town or village the proclamation shall be po,sted up at the city or town hall or other public place where the meetings of the municipal council are held and in at least one other public place in each polling subdivision. 4;

Section 16- (2) is revised for clarification rand to correct an error in cross-reference. Subsection (2) presently reads:

(2) Clause (

e) of sub-secton (1) does not apply to a person who is in a hospital as a voluntary patient under

section 4 of The Mental Health Act. 5;

Section 25 is removed ,as it duplicates provisions already contained in

section 63, of the Act. 2

Section 3,2 presently reads: 32. A person is qualified to be a candidate at an election if he or she is an elector of the full age of twenty-one years who is not disqualified by 'l'he Legislative' Assembly Act, 1955, or by any other Act.

7. The follDwing is added after

section 36: 36a. The returning 'Officer shall prDvide tD every can didate nDminated (

a) at least 'One CDPY 'Of the proclamatiDn, and (

b) at least 'One copy 'Of a map shDwing the pDlling subdivisiDns in the electDral division. 8. Se-ctiDn 5.8, subsection (2) is amended (

a) by adding after the wDrds "IDCk and key" the wDrds "Dr metal seals", (

b) by adding after the w'Ord "unl'Ocking" the w'Ords '''or unsealing". 9. SectiDns 63 and 64 are struck 'Out and the fDllDwing are substituted: 63.

(1) The returning 'Officer shall establish nDt mDre than three special P'Olling places for the purpDse of en abling (

a) electDrs WhD are invalids, and (

b) electDrs wh'O believe that they will necessarily be absent frDm their places 'Of residence 'On the day fixed for the electiDn tD vote in advance at an electiDn held in the electDral divi siDn in which thDse electDrs reside.

(2) The advance polling places shall be estabished in central and cDnvenient locatiDns in each electDral divisi'On.

(3) An advance P'Olling place shall be 'Open between the hDurs 'Of 11 'O'clDCk in the m'Orning and 9 D'clDCk in the evening 'Of the Tuesday, Wednesday, Thursday, Friday and Saturday 'Of the week preceding that 'Of the electiDn, but at n'O 'Other times.

(4) The returning 'Officer shall, 'On the prDclamatiDn re quired by sectiDn 13, publish the place, dates and time fixed for the hDlding 'Of an advance pDlling.

(5) Except as prDvided in this secti'On, an advance pDI ling shall be conducted and all things done in respect thereDf in the same manner as is provided by this Act fDr thecDnduct 'Of an electiDn in theelectDral divisiDn in which the advance P'Oll is IDcated.

(6) The pDll clerk at an advance pDll shall after the name 'Of each vDter recDrd in the poll bODk and in a CDlumn headed "Remarks", a n'Ote that such pers'On has signed the declaratiDn referred tD in subsectiDn (5) 'Of secti'On 63a.

(7) The deputy returning 'Officer shall at all times after the 'Opening 'Of the advance P'Oll take every precautiDn tD prevent any perSDn WhDmS'OeVer 'Other than the poll clerk during the vDting frDm having ac'cess to the ballDt box. 3

7. Material to be supplied to candidates. 8.

Section 58 (2) presently reads:

(2) The ballot boxes shall be made of some durable material, furnished with lock and key and so constructed that the ballot papers may be deposited therein but cannot be withdrawn therefrom without unlocking the 'boxes: 9. Sections 6,3 and 64 which provide for 'advance polls 'are revised to authorize the swearing in of electo["s whose names do not ,appear on the list of electors. 3

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

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

(10) At the close of the advance poll on the fifth day (

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

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

section 96. 63a.

(1) In this

section "election officer" means, (

a) in a city constituency, the returning officer of the city constituency, or (

b) in any other electoral division, the enumerator of the polling subdivision, in which the applicant resides.

(2) An elector who considers it neoessary to vote at an advance poll may,at any time (

a) after the list of electors has been posted, and (

b) before the approved copy has been given to the deputy returning officer, apply to the election officer for an advance poll voting certifica teo

(3) Where the applicant's name appears on the list of electors for the polling subdivision, the election officer shall (

a) give the applicant an advance poll voting cer tificate in Form 14, and (

b) write opposite the name of the elector on the list of electors the words "Advance Poll".

(4) Where the applicant's name does not appear on the list of electors for a polling subdivision, if the applicant 4 (

a) takes the oath in Form 31, before the election officer, and

(

b) is vouched for by an elector (

i) whose name appears on the list of electors, (ii) who is resident in the same polling subdivision as the applicant, and (iii) who takes the oath in Form 32 before the election officer, the election officer shall (

c) give the applicant an advance poll voting certificate in Form 14 on the back of which is endorsed the name and particulars and number on the list of electors of the elector who vouched for the appli cant, and (

d) enter on the list of electors the name and par ticulars of the applicant and the words "Advance Poll".

(5) An elector to whom an advance poll voting certificate has been given may, at any time the advance poll is open, present the certificate to the deputy returning officer in charge of the advance polling place, but before being allowed to vote the deputy returning officer shall require him to make and sign the declaration in Form 14 in addition to any other oath that may be required of voters under this Act, and the declaration shall be attached to the certificate and kept by the deputy returning officer with his other records.

(6) A person who corruptly (

a) for the purpose of obtaining from an election officer an advance poll voting certificate, makes to the officer any false statement, or (

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

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

d) after having obtained an advance poll voting cer tificate votes or attempts to vote at any other than the advance poll, except upon the surrender on election day of the ·certificate as is provided for in

section 64, or (

e) in any other manner contravenes this section, is guilty of an offence and liable on

summary conviction to a fine of not less than $50 or more than $1,000 and in de fault of payment to imprisonment for a term not exceeding 90 days. 5

-64.

(1) Where the list of electors indicates that an elector has received an advance poll voting certificate, the election officers at the elector's home polling place on polling day shall deem him to have already voted.

(2) Notwithstanding subsection (1), where an elector who has obtained an advance poll voting certificate does not vote at the advance poll, he n1ay vote on polling day at the polling place at which his name appears upon the list of electors if before voting he surrenders his advance poll voting certificate to the deputy returning officer, who shall then and there cancel the certificate and the entry concerning it on the official list of electors, and thereupon the elector is entitled to vote as if the certificate had not been issued.

Section 68, subsection (1) is amended (

a) by striking out clause (

b) and by substituting the following: (

b) shall then seal the empty box in such a manner as to prevent it being opened without breaking the seal, (

b) as to clause (

d) by striking out the words "locked and".

Section 72 is struck out and the following is sub stituted: Swearing-in on Polling Day 71a.

(1) The returning officer of a city constituency shall establish a swearing-in poll for the constituency which may be situated at a convenient place in or outside the con stituency and may be operated in conjunction with similar polls of other city constituencies.

(2) Where two or more swearing-in polls are operated conjointly, the same person may act as deputy returning officer or poll clerk for the swearing-in poll of more than one city constituency.

(3) Except as provided in this

section and

section 72, the polling at a swearing-in poll shall be conducted and all things shall be done in respect thereof in the same manner as is provided in this Act for ordinary polls. 72.

(1) Subject to compliance with subsection (2), a person whose name does not appear on the list of electors may vote 6 (

a) at the polling place for the polling subdivision in which he resides, or

Section -618 (1) (

b) and (

d) presently read: 68.

(1) The deputy returning officer (

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

d) shall keep the box so locked and sealed. II.

Section 71a is added to rprovide for special polls in city con stituencies to swear in voters Wlhose names are not on the list of electors and

section 72 is revised to make it applicable to city consti tuencies. 6

(

b) if he resides in a city constituency, at the swearing in poll for the constituency in which he resides, upon application to the deputy returning officer thereof while the poll is open.

(2) If an applicant whose name does not appear on the list of electors (

a) takes the oath in Form 31 before the deputy re turning officer, and (

b) is vouched for by an elector 0) whose name appears on the list of electors, (ii) who is resident in the same polling subdivision as the applicant, and (iii) who takes the oath in Form 32 before the deputy returning officer, the deputy returning officer shall (

c) cause the name and particulars of the applicant to be entered in the poll book, followed by the name and particulars and number on the list of electors of the elector who vouched for him, followed by the word "sworn", and (

d) in an electoral division, other than a city con stituency, cause the applicant's name to be added to the list of electors with the word "sworn" writ ten thereafter, and thereupon the applicant may vote.

(3) No elector shall vouch for more than one applicant.

(4) For the purpose of vouching, an elector may be per mitted to enter and remain in a polling place.

(5) A person (

a) who votes or who attempts to vote under this sec- tion knowing he has no right to vote, or (

b) who takes a false oath, or (

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

d) induces or procures or attempts to induce or procure or who aids and abets any other person to vote or attempt to vote under this section, know ing that person has no right to vote, is guilty of an offence and liable on

summary conviction to a fine of not more than $100 and in default of payment to imprisonment for a term not exceeding 90 days.

Section 84 is amended by striking out subsection (4) and by substituting the following:

(4) In this

section and the Sixth

Schedule "hospital" (

a) includes a sanitorium, rest home and home for the aged or infirm, but 7

Section 84 provides for hospital voting elsewhe['e than in Edmonton and Calgary which presently are .governed by The Hospital Voting Act, 19160. The provisions of that Act are being revised and brought into The Election Act. 7

(

b) does not include a hospital within the meaning of The M ental Health Act. (5) Subsections (1) to (3) do not apply in the City of Edmonton and the City of Calgary to which the Sixth

Schedule applies.

Section 95, subsection (8) is amended by striking out the words "lock and".

Section 119, subsection (2) is amended by adding after the words "advance polls" the words "or absentee student polls".

Section 172 is struck out. 16. The First

Schedule is amended (

a) as to Form 4 by striking out the words "the hour of two o'clock till five o'clock in the afternoon and from seven o'clock till ten o'clock in the evening of the" and by substituting the words "11 o'clock in the morning until 9 o'clock in the evening of the Tuesday, Wednesday,", (

b) by striking out Form I1A and by substituting the following: ENUMERATOR'S ABSENTEE RECORD (Address) (Date) (Time) FORM llA ENUMERATOR'S ABSENTEE NOTICE The enumerators for your Poll ing Subdivision called at a.m . . p.m. on .......... , and found no one at home. Will call back again at approximately a.m. . p.m. on or you Call Back: may call the undersigned at ph. Date Time 8 Enun'wrator Address (

c) as to Form 31 by striking out of paragraph 1 the words "you are now resident in this polling sub division" and by substituting the words "you were ordinarily resident in . .................. .. . (nam,e of polling

13. A reference to locks is ,removed so as to enable ballot boxes to be sealed with other suitable devices. 14.

Section 119 (1) and (2) presently 'read: 119.

(1) Ko spirituous or fermented liquors or alcoholic drinks shall be sold or given at any hotel, tavern, shop, liquor vendors or other place within the limits of any polling subdvision in the electoral division during the who,le of the polling day at an election. (2) Subsection (1) doe,s not apply to the days appointed as polling days at advance polls.

Section 172 is replaced by the new

section Qa. 16. Forms are amended to ·conform to changes made in the body of the Act. 8

subdivision in, which voter seeks to vote) day that the writ was issued", (

d) as to Form 32 on the (

i) by striking out of paragraph 1 the words "now reside in this polling subdivision" and by sub stituting the words "now reside in " (name of polling subdivision) (ii) by striking out of paragraph 2 the words "to ha ve his name added to the list of electors in this polling subdivision" and by substituting the words "to vote at this election", (iii) by striking out of paragraph 3 the words "resident in this electoral division and this polling subdivision on" and by substituting the words "resident in ........ . (name of electoral on". division and polling subdivision) 17. The Third

Schedule is amended (

a) as to Division One by renumbering Rule 4 as sub rule (1) and by adding the following after the re numbered subrule (1):

(2) Where the enumerators find no competent person at a dwelling place they may leave at or mail to the dwelling place a notice in Form 11A in the First Schedule. (

b) by striking out Division Two. 18. The Fourth

Schedule is amended as to Regulation 2 (3) by striking out the words "lock and". 19. The following is added after the Fifth Schedule. SIXTH

SCHEDULE EDl\1:0NTON AND CALGARY HOSPITAL VOTING RULES 1. Where by any means it is made to appear to the Clerk of the Executive Council, at any time after nomination day and not later than the second day before polling day, that there are in any hospital within the City of Calgary or the City of Edmonton not less than 10 patients resident in the city in which the hospital is situated who are entitled to vote at the election, the Clerk shall by telegram or by letter 9

17. (

a) A pr'Ovision is added to the city enumeration procedure to give recognition to an accepted practice. (b) <Division Two provides for a permanent Registry of electors in which any elector ofa 'city constituency may be registered on application. An elector s'O registered is entitled to vote in a city constituency even though :his name was not on the list of electors. Almost no use has been made in the past of the Registry and with the introduction of city swearing-in polls, the reason f'Or the Registry's establishment has gone. 18. Reference to locks removed to enable the use of metals seals 19.

The provisions of The H'Ospital Voting Act, 19'60 are brought into The Election Act and amended to authorize voting on produc tion of an enumerator's certifkate or by swearing-in. 9

forthwith instruct the returning officer of each of the electoral divisions in the city to take a poll in the hospital for residents of his electoral division who are patients in the hospital on election day. 2.

(1) Upon receiving instructions pursuant to

section 1, the returning officer shall appoint a deputy returning of ficer to take a poll of the votes of the electors of the electoral division who are patients in the hospital, but of no other persons whomsoever.

(2) Where it appears advisable because of the number of electors in the hospital, the returning officer may appoint two or rilore deputy returning officers to conduct polls in different parts of the hospital. 3.

(1) The poll of an electoral division in any hospital in the city may be operated in conjunction with similar polls of other electoral divisions in that hospital.

(2) Where two or more hospital polls are operated con jointly, the Salne person may act as deputy returning of ficer or poll clerk for the hospital polls of more than one electoral division. 4.

(1) The returning officer shall fix a period on election day for tn.-:: taldng of the poll at the hospital, and appoint the times at which the poll shall be opened and closed.

(2) During the hours fixed under subsection (1), the deputy returning officer and the poll clerk, accompanied by an officer of the hospital and by the representatives of the candidates, if any, shall attend with a ballot box upon every person in the hospital (

a) who is certified in writing by the superintendent or other person having charge of the hospital to be a bona fide patient in the hospital and well enough to vote, and (

b) who claims to be an elector of the electoral division for which the poll is being taken, and if the person wishes to vote and either (

c) produces an enumerator's certificate showing he was enumerated as an elector of the electoral sub division, or (

d) takes the oath in Form 31 before the deputy re- turning officer, the deputy returning officer shall cause the name and par ticulars of the applicant to be entered in the poll book and shall take the vote of the person. 5. Every hospital at which a poll is taken under this

Schedule is a polling place for each of the electoral divisions for which a poll is taken and (

a) except as provided in this Schedule, and 10

(

b) to the extent that they are reasonably applicable to a hospital poll, the provisions of this Act relating to the holding of a poll apply mutatis mutandis to the holding of a poll pursuant to this Schedule. 20. The Hospital Voting Act, 1960 is repealed. 21. This Act comes into force on the day upon which it is assented to. 11

20. 19 1 60,

chapter 42 repealed. 11 Title: 1969 (16th, 2nd) Bill 40,

An Act to amend The Election Act

Document details

Collection	Alberta — Bills
Citation	L16 S2 4607
Type	bill
Volume / chapter	L16 S2 4607
Language	en
Format	json
Source	PROVINCIAL
Identifier	de70bbab605318dca2c331c5446ddafc7a604b53

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