Bill 16 - An Act to Amend the Elections Act

BILL 16

An Act to Amend the Elections Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 2 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended

(a) by repealing the definition “advance poll” and substituting the following:

“advance poll” means a poll held on the day or days fixed in accordance with paragraph 13(2)(e); (bureau de scrutin par anticipation)

(b) by repealing the definition “election documents” or “election papers”;

“election officer” includes the Chief Electoral Officer, the Assistant Electoral Officers and every returning officer, election clerk, revision officer, poll supervisor, voters list officer, ballot issuing officer, ballot counting officer, poll revision officer, vote tabulation machine officer, special voting officer, technical support officer, constable and any other person having any duty to perform under this Act; (membre du personnel électoral)

(d) by repealing the definition “final list of electors”;

(e) by repealing the definition “form”;

(f) by repealing the definition “list of electors” and substituting the following:

“list of electors” means a preliminary list of electors, a revised list of electors, an official list of electors or a final list of electors; (liste électorale)

(g) by repealing the definition “metal or plastic seal”;

(h) by repealing the definition “mobile polling station”;

(i) by repealing the definition “official list of electors”;

(j) by repealing the definition “official nomination” or “officially nominated” and substituting the following:

“officially nominated” means the filing of a nomination paper and deposit by or for a candidate with the returning officer at any time between the day of proclamation and the close of nominations; (officiellement déclaré)

(k) by repealing the definition “person”;

(l) by repealing the definition “poll book”;

(m) by repealing the definition “polling day”, “day of polling” or “ordinary polling day” and substituting the following:

“polling day” or “ordinary polling day” means the day fixed in accordance with paragraph 13(2)(d) as the ordinary polling day for an election; (jour du scrutin) (jour de l’élection) (jour de ordinaire du scrutin)

(n) by repealing the definition “polling station” and substituting the following:

“polling station” means a building, or a portion of a building, secured by a returning officer for the taking of the votes of electors on the ordinary polling day or an advance polling day; (bureau de scrutin)

(o) by repealing the definition “rejected ballot paper” and substituting the following:

“rejected ballot” means a ballot that at the close of the poll (bulletin de vote rejeté)

(a) in the case of a ballot to be counted by hand, has been found in the ballot box unmarked or so improperly marked that it cannot be counted, or

(b) in the case of a ballot to be counted by a vote tabulation machine, has been found in the ballot box unmarked or so improperly marked that the machine was unable to count it;

(p) by repealing the definition “special ballot poll book” and substituting the following:

“special ballot poll book” means the book, in the form prescribed by the Chief Electoral Officer, in which is written the name of a person voting by special ballot paper issued under section 87.61; (registre du scrutin spécial)

(q) by repealing the definition “spoiled ballot paper” and substituting the following:

“spoiled ballot paper” means a ballot paper that has not been deposited in a ballot box for one of the following reasons: (bulletin de vote détérioré)

(a) an election officer has found the ballot paper to be soiled or improperly printed;

(b) an elector has spoiled the ballot paper in marking it and handed it back to an election officer in exchange for another ballot paper;

(c) special voting officers have determined that the certificate envelope containing the ballot paper does not fulfil the requirements of subsection 87.62(4); or

(d) the certificate envelope containing the ballot paper has been dealt with under subsection 87.62(7);

(r) by adding the following definition in alphabetical order:

“scheduled general election” means a provincial general election held in accordance with the schedule established in subsection 2(4) of the Legislative Assembly Act; (élections génerales programmées)

2 The Act is amended by adding after section 5 the following:

Testing alternative voting methods

5.1(1) Despite any provision of this Act or the regulations, the Chief Electoral Officer may direct the use at a by-election of a procedure, equipment or technology that is different from that required by this Act or the regulations if the procedure, equipment or technology relates to any of the following:

(a) voting;

(b) the counting of votes;

(d) the list of electors;

(e) the duties of election officers;

(f) polling divisions;

(g) polling stations; or

(h) the adaptation of voting procedures to enable electors with disabilities to vote without assistance.

5.1(2) A directive of the Chief Electoral Officer under subsection (1) shall describe in detail the procedure, equipment or technology to be used and shall refer to the provisions of this Act or the regulations that will be varied for or will not apply to the by-election.

5.1(3) If a directive is given under subsection (1), the Chief Electoral Officer shall do the following on or before nomination day:

(a) provide a copy of the directive to each registered political party and to each candidate; and

(b) publish the directive on the Elections New Brunswick website.

5.1(4) A by-election held in accordance with a directive under this section is not invalidated by a failure to comply with this Act or the regulations if the non-compliance is authorized by the directive.

5.1(5) Within 4 months after polling day for a by-election held in accordance with a directive under this section, the Chief Electoral Officer shall submit a report to the Speaker of the Legislative Assembly that includes the following:

(a) information on the procedure, equipment or technology used in accordance with the directive and its effectiveness; and

(b) recommendations with respect to amendments to this Act or the regulations which are required for the purpose of adopting the procedure, equipment or technology used in accordance with the directive.

Notice of instructions, directives and other prescribed matters

5.2(1) If, under the authority of this Act, the Chief Electoral Officer issues an instruction or directive or prescribes the use of a procedure with respect to the nomination of candidates, voting procedures or the counting of ballots, he or she shall ensure that the instruction, directive or procedure is published on the Elections New Brunswick website at least 60 days before a scheduled general election is held and on or before nomination day for any other election.

5.2(2) On request, the Chief Electoral Officer shall promptly provide a person with a copy of an instruction, directive or procedure published under subsection (1).

5.2(3) An oath that is prescribed by the Chief Electoral Officer for use under this Act shall be published on the Elections New Brunswick website.

5.2(4) The Chief Electoral Officer may modify, replace or supplement an instruction, directive, procedure or oath published on the Elections New Brunswick website if he or she considers it necessary to do so in order to deal with an emergency situation or other circumstance during the election period, which modification, replacement or supplement shall be published as soon as practicable.

5.2(5) The Regulations Act does not apply to an instruction, directive, procedure, oath or other matter prescribed by the Chief Electoral Officer under this Act.

3 Paragraph 9(6)(b) of the Act is repealed.

4 Section 10.01 of the Act is repealed and the following is substituted:

Election officers

10.01 Despite section 10, a person who is 16 years of age or older may be appointed as a voters list officer, a poll revision officer or a constable if the person would be qualified as an elector if not for his or her age.

5 Section 11 of the Act is repealed and the following is substituted:

Dismissal of election officers

11(1) An election officer may be suspended or dismissed by the returning officer if he or she does any of the following:

(a) refuses, neglects or is unable to carry out a duty imposed by this Act;

(b) acts as a canvasser for a candidate; or

11(2) The returning officer may appoint another person to act in the place of an officer who is suspended or dismissed.

11(3) An officer who is suspended or dismissed shall cease to act immediately on being notified of the suspension or dismissal.

6 Section 12 of the Act is repealed and the following is substituted:

Polling divisions

12(1) On or before April 1 of each year in which a scheduled general election is to be held, the Chief Electoral Officer shall do the following:

(a) subdivide each electoral district into as many polling divisions as the Chief Electoral Officer considers necessary, giving due consideration to geographical and all other factors that may affect the convenience of the electors in casting their votes; and

(b) prepare in respect of each electoral district a statement setting forth the boundaries of the polling divisions into which the electoral district has been divided, identifying each with a number.

12(2) The polling divisions last established under this section before the issuance of a writ constitute the polling divisions of the electoral district for the purpose of the election.

12(3) Within 3 days following the issuance of a writ, the Chief Electoral Officer shall deliver to the leader of every recognized party a copy of the statement prepared under paragraph (1)(b) for each electoral district.

12(4) At any time that the Chief Electoral Officer considers it necessary, the Chief Electoral Officer may revise the boundaries of the polling divisions within the electoral districts, giving due consideration to the factors referred to in paragraph (1)(a), and, when he or she does so, shall prepare a statement in accordance with paragraph (1)(b).

7 Subsection 13(2) of the Act is repealed and the following is substituted:

13(2) An Order in Council under subsection (1) shall do the following:

(a) direct the issue of a writ of election for each electoral district in which an election is to take place;

(b) fix the date on which the writs will be issued, which shall be as follows:

(i) for a scheduled general election, the thirty-second day before ordinary polling day; and

(ii) for all other elections, not more than 38 nor less than 28 days before ordinary polling day;

(i) for a scheduled general election, 2 p.m. on the twentieth day before ordinary polling day; and

(ii) for all other elections, 2 p.m. on the seventeenth day before ordinary polling day;

(d) fix the date for the ordinary polling day in accordance with section 14;

(e) fix the date for the advance polling days, which shall be the ninth and seventh days before ordinary polling day;

(f) fix the date on which candidates will be declared elected, which shall be the fourth day following ordinary polling day; and

(g) fix the date on which the writs will be returnable, which shall be the eleventh day following ordinary polling day.

8 Section 14 of the Act is amended

(a) by repealing subsection (2);

(b) by repealing subsection (3) and substituting the following:

14(3) If the date fixed for the close of nomination of candidates is a holiday, nomination day shall be the following:

(a) for a scheduled general election, the nineteenth day before ordinary polling day; and

(b) for all other elections, the sixteenth day before ordinary polling day.

9 Section 16 of the Act is amended

(a) by repealing paragraph (1)(a) and substituting the following:

(a) issue a writ or writs in accordance with the Order,

(b) by repealing subsection (2) and substituting the following:

16(2) On receiving the writ of election, the returning officer shall endorse on the writ the date it is received and, without delay, shall send an acknowledgment of receipt to the Chief Electoral Officer.

16(2.1) The returning officer shall open one or more offices in convenient places in the electoral district where the electors may have recourse to him or her, which offices shall be opened on the following days:

(a) for a scheduled general election, on a day not more than 15 days before the writ of election is to be issued; and

(b) for all other elections, without delay on receiving the writ or on an earlier day as directed by the Chief Electoral Officer.

16(2.2) The returning officer shall maintain an office opened in accordance with subsection (2.1) throughout the election, which office shall have the operating hours directed by the Chief Electoral Officer.

10 Section 17 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

17(1) Following his or her appointment, the returning officer shall appoint in writing in the prescribed form an election clerk for each office opened under subsection 16(2.1), and an election clerk, before entering on his or her duties, shall take an oath in the prescribed form.

(b) by adding after subsection (2) the following:

17(2.1) If more than one election clerk has been appointed under subsection (1) and an election clerk is required to perform the duties of the returning officer in accordance with subsection (2), the Chief Electoral Officer shall designated which of the election clerks will perform those duties.

11 Subsection 18(1) of the Act is amended

(a) by striking out the portion preceding paragraph (a) and substituting the following:

18(1) Within 5 days after the issuance of the writ, the returning officer shall issue a proclamation in the prescribed form which shall state the following:

(b) by repealing paragraph (a) and substituting the following:

(a) the address of an office of the returning officer at which nomination papers shall be filed and the time fixed for the close of nominations, which shall be in accordance with paragraph 13(2)(c);

(c) the time when and the place where the returning officer will add up the number of votes given to the candidates and declare the candidate elected who received the greatest number of votes.

(d) by repealing paragraph (d).

12 Section 20 of the Act is amended by adding after subsection (2) the following:

20(3) When the preliminary lists of electors have been prepared, the returning officer shall provide one machine readable copy of the list for each polling division in the electoral district to each recognized party which has an officially nominated candidate in the electoral district and to each independent candidate who has been officially nominated in the electoral district.

20(4) Not later the fourteenth day before ordinary polling day, the Chief Electoral Officer shall cause to be sent to each person on the preliminary list of electors for a polling division a notice in the prescribed form advising each person of the polling division and polling station for which he or she is listed as being eligible to vote.

13 Section 20.5 is amended

(a) in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:

20.5(1) On or before March 31 in each year, the Chief Electoral Officer shall send one machine readable copy of the list of electors, as taken from the register of electors,

(b) by repealing subsection (2) and substituting the following:

20.5(2) The lists of electors referred to in subsection (1) shall set out each elector’s surname, given names, sex, civic address and mailing address, if different from the civic address.

14 The Act is amended by adding after section 20.5 the following:

Copies to government departments or agencies

20.51 The Chief Electoral Officer may provide the required extract from the register of electors to officials in a department or agency of the Province that determines eligibility to participate in an election or other public consultation under its administration by reference to eligibility to vote under this Act or the Municipal Elections Act.

15 Section 20.6 of the Act is amended

(a) in subsection (1) by adding after paragraph (a) the following:

(a.1) that administrators of treatment centres have given to the Chief Electoral Officer in accordance with subsection (3);

(b) by adding after subsection (2) the following:

20.6(3) On request by the returning officer, the administrator of a treatment centre shall provide the following information with respect to each resident or patient of the centre to the returning officer for the purposes of updating and maintaining the register of electors or a preliminary list of electors:

(a) surname and given names;

(b) sex;

(d) current civic address and mailing address, if different from the civic address.

16 Paragraph 20.8(2)(c) of the Act is repealed and the following is substituted:

(c) based on a list of electors established under the statutes of the Province or of Canada, to the extent that the list contains the surname, given names and civic address of the elector.

17 Paragraph 20.9(1)(a) of the Act is repealed and the following is substituted:

(a) a signed certification, in the prescribed form, that he or she is a Canadian citizen, is of the full age of 18 years and is not for any reason disqualified as an elector;

18 Section 20.16 of the Act is amended by adding after subsection (2) the following:

20.16(3) An enumeration under subsection (1) shall be conducted in accordance with the procedures prescribed by the Chief Electoral Officer.

19 The heading “ENUMERATIONS” preceding section 21 of the Act is repealed.

20 Section 21 of the Act is repealed.

21 Section 23 of the Act is repealed.

22 Section 24 of the Act is repealed.

23 Section 25 of the Act is repealed.

24 Section 26 of the Act is repealed.

25 Section 27 of the Act is repealed.

26 Section 28 of the Act is repealed.

27 Section 30 of the Act is repealed.

28 Section 34 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

34(1) The preliminary list of electors for each polling division in an electoral district shall be open for revision on application to a revision officer from and including the day on which the returning officer receives the preliminary list to and including the fourth day before ordinary polling day.

(b) in subsection (2) by striking out “the returning officer or election clerk” and substituting “a revision officer”;

(c) in subsection (3) by striking out “The returning officer or election clerk shall, on request,” and substituting “On request, a revision officer shall”.

29 Section 35 of the Act is repealed and the following is substituted:

Application for revision of preliminary list

35(1) During the period for revision of the preliminary lists of electors, a revision officer shall dispose of the following types of applications:

(a) an application to be added to a preliminary list made by a person whose name was omitted from the list;

(b) an application to correct the information on a preliminary list respecting an elector, which application may be made by any of the following:

(i) the elector;

(ii) a family member of the elector who has the information necessary to make the application; or

(iii) any other member of the elector’s household who has the information necessary to make the application;

(c) an application to delete an elector from a preliminary list because the elector has died or moved from the electoral district, which application may be made by any of the following:

(i) the elector;

(ii) a family member of the elector who has the information necessary to make the application; or

(iii) any other person who has the information necessary to make the application; and

(d) an application to delete an elector’s name from a preliminary list, which application may be made by a current resident of the address associated with the elector on the preliminary list.

35(2) An application under subsection (1) shall be in the prescribed form and shall be dealt with by the revision officer in accordance with the procedures prescribed by the Chief Electoral Officer.

35(3) In order for a revision officer to make an addition to, a correction to or a deletion from a preliminary list of electors, he or she must be satisfied that sufficient information has been provided in the application to justify revising the preliminary list as requested.

30 Section 36 of the Act is repealed and the following is substituted:

Revised list of electors

36(1) A revision officer shall record all additions to, corrections to and deletions from a preliminary list of electors in accordance with the procedures prescribed by the Chief Electoral Officer and shall prepare, for each polling division in the electoral district, a revised list of electors which incorporates all of the changes to the preliminary list of electors.

36(2) A revised list of electors shall be prepared on the tenth day before ordinary polling day and on the third day before ordinary polling day.

36(3) A revised list of electors shall be prepared under this section regardless of whether any changes have been made to the preliminary list of electors.

31 Section 39 of the Act is repealed.

32 Section 41 of the Act is repealed and the following is substituted:

Distribution of revised list of electors

41 Before each of the advance and ordinary polling days, the returning officer shall provide one copy of the revised list of electors for each polling division in the electoral district to the following:

(a) the appropriate poll officials; and

(b) each party and candidate who was provided with a copy of the preliminary lists of electors under subsection 20(3).

33 Section 42 of the Act is repealed and the following is substituted:

Official list of electors

42(1) In all polling divisions, the revised list of electors shall be the official list of electors which shall be used for taking votes on the advance polling days and the ordinary polling day.

42(2) A political party or a candidate who has been furnished with copies of the preliminary and official lists of electors may use the lists for communicating with electors during the election period, including communications for the purpose of soliciting contributions and recruiting party members, but for no other purpose.

34 The Act is amended by adding after section 42 the following:

Final list of electors

42.1(1) As soon as possible after ordinary polling day, the Chief Electoral Officer shall prepare a final list of electors for each electoral district, which list shall include the surnames, given names, sex, civic addresses and mailing address, if different from the civic address, of all electors whose names have been included in or added to the official list of electors by the close of polls on ordinary polling day.

42.1(2) The Chief Electoral Officer shall send one copy of the final list of electors to the elected member in respect of his or her electoral district and, on request, send one copy of the list to each registered political party.

42.1(3) A political party or a member who has been furnished with a copy of the final list of electors may use the list for communicating with electors outside an election period, including communications for the purpose of soliciting contributions and recruiting party members, but for no other purpose.

35 Subsection 43(1) of the Act is amended

(a) in paragraph (b) by striking out the comma at the end of the paragraph and substituting “, and”;

(b) by repealing paragraph (c);

(d) subject to section 45, will be ordinarily resident in that electoral district on the date of the election.

36 Section 45 of the Act is repealed and the following is substituted:

Rules to determine residence of electors

45(1) If, when the preliminary lists of electors are being prepared, a person is residing in a treatment centre or in a lodging, hostel, home or institution conducted for charitable or semicharitable purposes, and is expected to continue to reside there until the day of the election, the person, if otherwise qualified as an elector, is entitled to have his or her name entered on one of the following lists of electors:

(a) the list for the polling division in which he or she ordinarily resides; or

(b) the list for the polling division in which he or she resides when the preliminary lists of electors are being prepared.

45(2) If a person is duly registered and in attendance at a recognized educational institution, and for those purposes resides in a polling division other than that in which he or she ordinarily resides, the person, if otherwise qualified as an elector, is entitled to have his or her name entered on one of the following lists of electors:

(a) the list for the polling division in which he or she ordinarily resides; or

(b) the list for the polling division in which he or she resides while attending the recognized educational institution.

45(3) A candidate, and a spouse or dependant of the candidate who lives with him or her and who is qualified as an elector, are entitled

(a) to have their names entered on the lists of electors for the following places:

(i) the place where the candidate is ordinarily resident;

(ii) the place where the candidate is temporarily resident during the election, if it is in the electoral district in which he or she is a candidate;

(iii) any place where an office of the returning officer is located for the electoral district in which he or she is a candidate; or

(iv) if the candidate was a member on the day before the dissolution of the Legislative Assembly immediately preceding the election, the place in Fredericton or the area surrounding Fredericton where the former member resided for the purpose of carrying out his or her duties as a member; and

(b) to vote in any one of those places as each of them may elect.

37 Subsection 48.1(1) of the French version of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

48.1(1) Nul n’est éligible à l’Assemblée législative et ne peut y siéger ni y voter s’il est

38 Section 51 of the Act is amended

(a) in subsection (1) by striking out “in the form prescribed by regulation” and substituting “in the prescribed form”;

(b) by repealing subsection (2) and substituting the following:

51(2) Each candidate shall be nominated by a separate nomination paper, and an elector shall only sign the nomination paper of one candidate.

51(4) The nomination paper of a candidate shall designate the name of an agent to whom copies of the lists of electors are to be provided under subsection 20(3) and who may appoint a scrutineer to act at the polls under section 72.

(d) by repealing subsection (8) and substituting the following:

51(8) The sum deposited by a candidate under this section shall be returned to him or her by the Minister of Finance when the candidate submits his or her statement of election expenses in accordance with section 81 of the Political Process Financing Act.

39 The heading “NOMINATION DAY” preceding section 52 of the Act is repealed.

40 Section 52 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

Procedure respecting nomination of candidate

52(1) The returning officer or an election clerk shall receive the nominations of candidates at an office of the returning officer at any time between the date of the proclamation and the close of nominations, after which time, no further nominations will be received.

(b) by repealing subsection (2).

41 Section 53 of the Act is repealed and the following is substituted:

Report of nominations

53 On the close of nominations, the returning officer shall submit a report to the Chief Electoral Officer on those persons whose nominations were accepted and those whose nominations were rejected, including the reasons for rejection.

42 Section 54 of the Act is amended

(a) by repealing subsection (4) and substituting the following:

54(4) When a candidate has withdrawn after the notice of the granting of the poll and the ballot papers have been printed, the returning officer shall advise the appropriate poll officials of the electoral district of the withdrawal.

(b) by repealing subsection (5) and substituting the following:

54(5) On polling day, the poll officials shall post notices of the withdrawal in conspicuous places in the polling station and, when delivering a ballot paper to an elector, shall inform the elector of the withdrawal.

43 Section 57 of the Act is amended

(a) in subsection (2)

(i) by repealing paragraph (b);

(ii) in paragraph (c)

(A) in the portion preceding subparagraph (i) by striking out “at the office of the returning officer”;

(B) in subparagraph (i) by striking out “at the returning office”;

(ii) peuvent voter lors d’un scrutin par anticipation ou le jour ordinaire du scrutin après avoir fait ajouter leur nom à la liste électorale de la section de vote dans laquelle ils résident ordinairement à la date à laquelle se déroule le scrutin par anticipation ou le jour ordinaire du scrutin en fournissant une preuve d’identité appropriée;

(iii) by repealing paragraph (d) and substituting the following:

(d) the dates and times of the ordinary polling day and the advance polling days,

(iv) by repealing paragraph (e) and substituting the following:

(e) that a special ballot paper may be applied for under section 87.6, and

(v) by adding after paragraph (e) the following:

(f) if the Chief Electoral Officer issues a directive under section 68.2, the types of assistive devices and services that will be provided, and where and when they will be available.

(b) by adding after subsection (2) the following:

57(3) During the normal operating hours of an office of the returning officer, the returning officer shall permit a candidate or an elector to examine and consult, in the office, the notice of grant of poll.

44 Section 59 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

59(1) The poll for each polling division shall be held at one or more polling stations located in a court house, municipal hall, school or other public building or, if none is available, in any other suitable building.

(b) by repealing subsection (3);

(d) by repealing subsection (5) and substituting the following:

59(5) For the use of electors in marking their ballot papers, each compartment shall be provided with a table or desk with a hard smooth surface and a black lead pencil, kept properly sharpened throughout the hours of polling, a black pen or other marking device provided by the Chief Electoral Officer.

(e) by repealing subsection (6) and substituting the following:

59(6) On an ordinary polling day or an advance polling day, the polls shall be open from 10 a.m. until 8 p.m., and, during that time, the poll officials appointed for a polling station shall receive in the prescribed manner the votes of the electors duly qualified to vote at that polling station.

(f) by repealing subsection (7) and substituting the following:

59(7) If for any reason the opening of a poll is delayed past 10 a.m., the poll supervisor shall notify the returning officer of the reason for the delay, shall make a record of the hour at which the poll is opened and shall keep the poll open for voting for 10 full hours after it opens.

(g) by adding after subsection (7) the following:

59(8) At the time of the closing of a poll, if there are any electors in the polling station or in line at the door who have not voted since their arrival at the polling station, the poll shall be kept open a sufficient time to enable them to vote, but a person who is not present at the time of closing shall not be allowed to vote, even if others are still voting when he or she arrives.

45 Section 60 of the Act is repealed.

46 The heading “DEPUTY RETURNING OFFICERS, SUPERVISORY DEPUTY RETURNING OFFICERS AND POLL CLERKS” preceding section 61 of the Act is repealed and the following is substituted:

POLL OFFICIALS

47 Section 61 of the Act is repealed and the following is substituted:

Poll officials

61(1) As soon as convenient after the issuance of the writ, the returning officer shall appoint any of the following poll officials that are necessary for the holding of the poll:

(a) poll supervisor;

(b) voters list officer;

(d) poll revision officer;

(e) vote tabulation machine officer;

(f) ballot counting officer;

(g) technical support officer;

(h) constable; and

(i) any other officers who are necessary for the holding of the poll.

61(2) No person who is under the age of 18 years shall be appointed as a poll supervisor.

61(3) A person appointed under this section shall be paid for his or her services according to the fees prescribed by regulation.

61(4) Nothing in this section prevents a person from holding more than one appointment under this section.

61(5) Before noon on the seventh day following the issuance of the writ, authorized officers of the registered district association associated with each registered political party may file with the returning officer for their electoral district a list of nominees for appointment as poll officials under this section.

61(6) Any person may apply to the returning officer to be appointed as a poll official.

61(7) The returning officer shall appoint those persons to the positions listed in subsection (1) that he or she considers appropriate and, to the extent possible, shall appoint to each polling station at least one nominee from each of the registered political parties that were, immediately before the commencement of the election period, the governing party and the party of the official opposition.

61(8) When the returning officer appoints nominees from the registered political parties in accordance with subsection (7), he or she shall ensure, to the extent possible, that at each polling station there are an equal number of poll officials appointed from the parties that were, immediately before the commencement of the election period, the governing party and the party of the official opposition.

61(9) Before acting as a poll official, every person appointed under this section shall take an oath in the prescribed form.

61(10) At least 2 days before the ordinary polling day, the returning officer shall post in each of his or her offices a list of the names and addresses of the poll officials, showing the polling station for which each of them is appointed, and shall permit, up to the opening of the poll, free access to and afford full opportunity for inspection of the list by a candidate, agent or elector during normal operating hours.

61(11) Not later than the tenth day before ordinary polling day, the returning officer shall furnish each candidate with a list of the poll officials assigned to the advance polls, showing the polling station for which each of them is appointed.

61(12) If the returning officer makes changes in the appointments of poll officials after the list has been furnished to the candidates and posted, he or she shall notify each candidate without delay and correct the posted list.

48 Section 62 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

62(1) The Chief Electoral Officer shall provide the returning officer in each electoral district with the required ballot boxes.

(b) by repealing subsection (3).

49 Section 63 of the Act is repealed and the following is substituted:

Ballot papers

63(1) The Chief Electoral Officer, or a returning officer acting on the instructions of the Chief Electoral Officer, shall prepare or have prepared a sufficient number of ballot papers for each electoral district.

63(2) The ballot paper shall be in the prescribed form and shall comply with the requirements of this section.

63(3) The Chief Electoral Officer shall provide the returning officer or the printer with the paper on which ballot papers shall be printed.

63(4) The ballot paper shall have the following printed on it:

(a) a space for the initials of the ballot issuing officer;

(b) the name of the electoral district;

(d) any other information that the Chief Electoral Officer may direct.

63(5) The names and political affiliations of the candidates shall appear on the ballot paper, and the names of the candidates

(a) shall be printed exactly as the names are set out in the nomination papers, exclusive of any professional, academic or honorary title or its abbreviation, and may include a nickname in brackets, and

(b) shall precede the political affiliations of the candidates.

63(6) The names of candidates of recognized parties shall be arranged in the following order on the ballot paper:

(a) first, the recognized party that was the governing party immediately before the commencement of the election period;

(b) second, the recognized party that was the party of the official opposition immediately before the commencement of the election period; and

(c) third and following, any other recognized parties in alphabetical order according to the first letter of the first word in the name of the party.

63(7) If there are any independent candidates, their names shall appear on the ballot paper below those of the candidates of the recognized parties in alphabetical order according to the first letter of the candidate’s surname.

50 Section 64 of the Act is repealed.

51 Section 65 of the Act is repealed.

52 Section 66 of the Act is repealed.

53 Section 67 of the Act is repealed.

54 Section 68 of the Act is repealed and the following is substituted:

Declaration of printer

68(1) On delivering the printed ballot papers to the Chief Electoral Officer or a returning officer, the printer shall also provide a declaration containing the following information and documents:

(a) a description or a specimen of each of the ballot papers;

(b) the number of sheets of paper that were received by the printer for printing the ballot papers;

(d) the full name of each person who worked on the printing, counting, packing and delivering of the ballot papers; and

(e) a statement that no other ballot papers of the same description have been delivered to any other person by the printer or an employee or agent of the printer.

68(2) When received by a returning officer, a declaration shall be immediately transmitted to the Chief Electoral Officer.

55 The Act is amended by adding after section 68.1 the following:

Assistive devices for voting

68.2(1) The Chief Electoral Officer may provide those assistive devices or services in each electoral district that he or she considers necessary to enable electors with visual, hearing or other impairments to vote independently.

68.2(2) Taking into consideration the nature, cost and availability of the necessary assistive devices and services, the Chief Electoral Officer may direct that any or all of these devices or services will only be available for an electoral district at an office of the returning officer or at designated polling stations.

56 Section 69 of the Act is amended

(a) by repealing paragraph (a) and substituting the following:

(a) forges, counterfeits, fraudulently alters, defaces or fraudulently destroys a ballot paper or a braille facsimile of a ballot paper or the initials of the election officer signed on the ballot paper or braille facsimile;

(b) by repealing paragraph (g) and substituting the following:

(g) being an election officer, other than as authorized by this Act or the Chief Electoral Officer, puts his or her initials on a paper purporting to be or capable of being used as a ballot paper at an election;

(i) being authorized by the returning officer or the Chief Electoral Officer to print the ballot papers for an election, prints more ballot papers than he or she is authorized to print;

(d) by repealing paragraph (j) and substituting the following:

(j) being an election officer, places on a ballot paper any writing, number or mark with the intent that the elector to whom the ballot paper is to be or has been given may be identified by it;

57 The heading “SUPPLY OF ELECTION MATERIALS TO DEPUTY RETURNING OFFICER” preceding section 70 of the Act is repealed and the following is substituted:

ELECTION MATERIALS

58 Section 70 of the Act is repealed and the following is substituted:

Supply of election materials to returning officers

70 The Chief Electoral Officer shall provide each returning officer with all the material and equipment necessary for each polling station in the electoral district, including voting screens, ballot boxes or vote tabulation machines and instructions for electors and poll officials.

59 Section 71 of the Act is repealed and the following is substituted:

Supply of election materials to poll officials

71(1) In accordance with the procedures prescribed by the Chief Electoral Officer, the returning officer shall distribute the materials and equipment received under section 70 and the lists of electors and the ballot papers for each polling station to the appropriate poll officials.

71(2) Until the opening of the poll, a poll official who receives materials, equipment or documents under subsection (1) shall keep them in his or her possession and shall take every precaution for their safekeeping and to prevent any person from having unlawful access to them.

60 Section 72 of the Act is repealed and the following is substituted:

72 No person other than the following people may be present at a polling station on an ordinary or an advance polling day:

(a) the Chief Electoral Officer;

(b) an Assistant Electoral Officer;

(d) an election clerk;

(e) a poll official appointed by the returning officer to that polling station;

(f) a candidate;

(g) one scrutineer per polling division for each candidate;

(h) one scrutineer who may collect voter information sheets from the poll supervisor;

(i) until a scrutineer has delivered his or her written appointment to represent a recognized party or an independent candidate to the poll supervisor, one elector to represent each recognized party or independent candidate on the request of the elector;

(j) an elector engaged in or waiting to vote;

(k) a person assisting an elector in accordance with section 83; and

(l) any other person authorized in writing by the Chief Electoral Officer to be present.

61 Section 73 of the Act is amended by striking out “in the form prescribed by regulation” and substituting “in the prescribed form”.

62 Section 75 of the Act is repealed and the following is substituted:

Voting procedure at polling station

75(1) The Chief Electoral Officer shall cause to be posted in a conspicuous place in each polling station during the hours that it is open, instructions to electors regarding the proper method of voting.

75(2) Approximately 15 minutes before the poll is open in a polling station where ballots are to be counted by hand, the ballot counting officer shall show all other election officers, candidates and scrutineers present that the ballot boxes are empty and shall seal the boxes, which boxes shall remain sealed and in public view until the close of polls, after which they shall be dealt with in accordance with the procedures prescribed by the Chief Electoral Officer.

75(3) Approximately 15 minutes before the poll is open in a polling station where ballots are to be counted by a vote tabulation machine, the poll supervisor or vote tabulation machine officer shall prepare the vote tabulation machine for polling in accordance with the procedures prescribed by the Chief Electoral Officer, so as to demonstrate to all other election officers, candidates and scrutineers present that no votes have been recorded on the machine, and then he or she shall open the machine for the purpose of accepting votes.

75(4) On the opening of a polling station, if the ballot boxes have been sealed or the vote tabulation machine has been opened, as the case may be, the poll supervisor shall call on the electors to vote.

75(5) On entering a polling station, a person shall state his or her name and address to a voters list officer, who shall verify if the person’s name is on the official list of electors.

75(6) If the person’s name is on the official list of electors for that polling station, the voters list officer shall strike off the person’s name on the list and direct the person to a ballot issuing officer.

75(7) If the person’s name is not on the official list of electors for that polling station, the person may apply under subsection 75.01(1) to have his or her name added to the list.

63 The Act is amended by adding after section 75 the following:

Application to vote at polling station

75.01(1) A person may apply to have his or her name added to the official list of electors for a polling station by completing an application to be added to the list and a declaration of qualification to vote, in the prescribed forms, and

(a) presenting one or more identification documents, excluding financial or credit cards, that between them show the person’s name, current civic address and signature, or

(b) being vouched for by an elector who

(i) has his or her name on the official list of electors for that polling station,

(ii) personally attends at the polling station with the person proposing to vote, and

(iii) takes an oath in the prescribed form.

75.01(2) An application under subsection (1) shall be made to a voters list officer, a poll revision officer or the poll supervisor.

75.01(3) An elector may vouch for more than one person under paragraph (1)(b) if the elector personally attends at the polling station with each person to be vouched for and takes an oath in the prescribed form with respect to each person to be vouched for.

75.01(4) If a scrutineer or an election officer has reason to believe that a person applying to vote is not qualified to vote, at all or at that polling station, he or she shall require the person to take an oath in the prescribed form confirming the person’s qualification to vote.

75.01(5) A person who refuses to take an oath under subsection (4) when required to do so may not vote.

75.01(6) If a person applies to vote and that person’s name has been struck off on the list of electors as having voted, the person may vote if he or she does the following:

(a) establishes his or her identity to the satisfaction of the voters list officer, the poll revision officer or the poll supervisor at that polling station; and

(b) takes an oath in the prescribed form that he or she has not already voted at the same election.

75.01(7) The voters list officer or poll revision officer shall keep a record of any person who applies to vote under this section and shall note in the record if the person took the oath.

Manner of voting

75.02(1) A ballot issuing officer shall give each elector a ballot paper for the electoral district in which the elector is qualified to vote, explain how to mark the ballot paper, and direct the elector to a voting compartment where the elector can mark the ballot paper without being observed by another person.

75.02(2) An elector who makes a mistake in marking a ballot paper may return it to the ballot issuing officer who issued the ballot paper, who shall mark it as a “spoiled ballot paper” and give the elector a new ballot paper.

75.02(3) When an elector has marked his or her ballot paper,

(a) the ballot paper shall be

(i) folded or placed in a secrecy sleeve so as to ensure that the elector’s vote is not visible to any other person, and

(ii) deposited in the ballot box in accordance with the instructions of the Chief Electoral Officer; and

(b) the voter shall leave the polling station at once.

75.02(4) No elector shall vote more than once at the same election.

64 Section 75.1 of the Act is repealed and the following is substituted:

Prohibition respecting telephone at poll

75.1(1) During the time that an ordinary, advance or additional poll remains open, no telephone, including a cellular phone, or other telecommunications device shall be used in the room where the poll is held, except by the following people:

(a) a poll supervisor; or

(b) an election officer designated by the returning officer, by a poll supervisor or by the Chief Electoral Officer.

75.1(2) If an election officer has been designated under paragraph (1)(b), he or she shall use the telephone or other device in accordance with the directions of the designator.

65 The heading “WHO MAY VOTE” preceding section 76 of the Act is repealed.

66 Section 76 of the Act is repealed.

67 Section 76.1 of the Act is repealed.

68 Section 77 of the Act is repealed.

69 Section 78 is repealed.

70 The heading “ENTRIES IN THE POLL BOOK” preceding section 79 of the Act is repealed and the following is substituted:

ENTRIES ON LIST OF ELECTORS OR RECORD OF OBJECTIONS

71 Section 79 of the Act is repealed and the following is substituted:

Entries on list of electors or record of objections

79(1) On the list of electors, the voters list officer or the poll revision officer shall do the following:

(a) strike off the name of each elector on the elector being directed to a ballot issuing officer; and

(b) make any other entries that the Chief Electoral Officer may direct.

79(2) If a person is required to take an oath under subsection 75.01(4), the voters list officer or the poll revision officer shall record the following information in the record of objections:

(a) the name of the person;

(b) the name of the scrutineer or election officer who required that the oath be taken;

(d) whether the person took the oath or affirmed;

(e) whether the person voted; and

(f) any other information that the Chief Electoral Officer may direct.

72 Section 80 of the Act is repealed and the following is substituted:

Transfer certificates

80(1) If an elector’s name appears on the list of electors for a polling station that is not physically accessible by the elector, the returning officer or election clerk may issue a transfer certificate to the elector entitling the elector to vote at another polling station in the same electoral district that the elector is able to access.

80(2) The returning officer or election clerk who issues a transfer certificate shall complete the certificate, dating and signing it, consecutively number the certificate in the order of its issue and keep a record of it, and no blank certificate shall be issued.

80(3) The returning officer or election clerk shall indicate on the list of electors those electors to whom a transfer certificate has been issued or, if that list has been delivered to the appropriate poll officials, deliver to the poll supervisor a duplicate of the certificate, who shall provide the duplicate to the appropriate voters list officer or poll revision officer.

80(4) Immediately on receiving a duplicate transfer certificate, the voters list officer or the poll revision officer shall add to the list of electors the name of the elector to whom it has been issued and indicate that the elector will vote under the authority of a transfer certificate.

80(5) Before being allowed to vote, a person entitled to vote under the authority of a transfer certificate shall surrender his or her certificate to the voters list officer or the poll revision officer.

80(6) When a vote is polled under the authority of this section, the voters list officer or the poll revision officer shall enter on the list of electors opposite the voter’s name an indication that the voter voted under a transfer certificate, giving the number of the certificate.

80(7) No person who has obtained a transfer certificate is entitled to vote at the polling station for which his name originally appeared on the list of electors, except on producing the certificate and delivering it to the voters list officer or the poll revision officer at that polling station.

73 The heading “MANNER OF VOTING” preceding section 82 of the Act is repealed.

74 Section 82 of the Act is repealed.

75 The heading “INCAPACITATED VOTERS” preceding section 83 of the Act is repealed and the following is substituted:

ELECTORS REQUIRING ASSISTANCE

76 Section 83 of the Act is repealed and the following is substituted:

83(1) If an elector requires assistance to mark his or her ballot paper, he or she shall be assisted by an election officer at the polling station or, if the elector prefers, by another person chosen by the elector.

83(2) A person assisting an elector under this section, other than an election officer, shall take an oath in the prescribed form to mark the elector’s ballot paper in accordance with the elector’s directions and to keep that elector’s vote secret.

83(3) A person other than an election officer may assist only one elector to vote.

77 The heading “MOBILE POLLING STATIONS” preceding section 83.1 of the Act is repealed.

78 Section 83.1 of the Act is repealed.

79 Section 83.2 of the Act is repealed.

80 Section 83.3 of the Act is repealed.

81 Section 83.4 of the Act is repealed.

82 Section 83.5 of the Act is repealed.

83 The heading “NAME ALREADY VOTED” preceding section 84 of the Act is repealed.

84 Section 84 of the Act is repealed.

85 Section 85 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

85(1) If an elector speaks neither English nor French, the poll supervisor, if possible, shall appoint an interpreter who shall be the means of communication between the election officers and the elector with respect to all matters required to enable the elector to vote.

(b) in subsection (2) by striking out “the deputy returning officer” and substituting “an election officer”.

86 The heading “ELECTORS IN LINE AT CLOSING OF POLL” preceding section 87 of the Act is repealed.

87 Section 87 of the Act is repealed.

88 The heading “SPECIAL BALLOTS” preceding section 87.1 of the Act is repealed.

89 Section 87.1 of the Act is repealed.

90 Section 87.2 of the Act is repealed.

91 Section 87.3 of the Act is repealed.

92 Section 87.4 of the Act is repealed.

93 Section 87.5 of the Act is repealed.

94 The Act is amended by adding the following preceding section 88:

ADDITIONAL VOTING OPPORTUNITIES

Special voting officers

87.51(1) Subject to subsections (2) and (3), the returning officer shall appoint 2 or more special voting officers in the following manner:

(a) one or more officers from the list of nominees filed under subsection 61(5) by the registered political party that was the governing party immediately before the commencement of the election period; and

(b) one or more officers from the list of nominees filed under subsection 61(5) by the registered political party that was party of the official opposition immediately before the commencement of the election period.

87.51(2) The returning officer

(a) may only appoint more than 2 special voting officers with the approval of the Chief Electoral Officer, and

(b) shall appoint an equal number of special voting officers from each of the registered political parties referred to in subsection (1).

87.51(3) If the lists of nominees filed under subsection 61(5) are unable to provide the returning officer with a sufficient number of appointees to provide adequate additional voting opportunities to electors in the electoral district, the returning officer may appoint special voting officers from the applicants under subsection 61(6).

87.51(4) The special voting officers are responsible for administering the additional polls and the special ballot voting in the electoral district.

Special ballot papers

87.52(1) The ballot papers that are to be used in the electoral district on ordinary polling day shall be the ballot papers used for voting at additional polls and shall be the special ballot papers issued to electors under section 87.61.

87.52(2) The Chief Electoral Officer may prescribe a write-in special ballot paper to be used by electors who wish to vote at an election before the ballot papers referred to in subsection (1) are available.

Additional polls - treatment centres and hospitals

87.53(1) Before the first day of advance polls, if there are any treatment centres in an electoral district, the returning officer, in consultation with the administrator of or person appointed by each centre, shall determine if an additional poll is required to take the vote of the residents or patients of the centre and, if it is required, shall fix the day, time and place for holding the additional poll at the centre.

87.53(2) When an additional poll is held in a treatment centre where residents or patients are unable to move about on their own, the special voting officers shall do the following:

(a) if appropriate, set up a polling station in a common area of the centre to take the vote of electors who are able to attend the polling station; and

(b) carry the ballot box, ballot papers and other necessary documents from room to room in the centre to take the vote of the remaining electors who wish to vote.

87.53(3) Despite section 72, only the following persons may accompany a polling station as it moves from room to room in a treatment centre:

(a) the special voting officers;

(b) the returning officer or an election clerk;

(d) a candidate, his or her official agent and a scrutineer.

87.53(4) If, in the opinion of the administrator or person appointed by the treatment centre, it is considered advisable to do so, the special voting officers may limit those present at a polling station to the following persons:

(a) the special voting officers;

(b) the returning officer or an election clerk; and

87.53(5) On the close of an additional poll at a treatment centre, the administrator of or person appointed by the centre shall sign a statement certifying that all the electors who are a resident or a patient of the centre, who were present at the time fixed for the additional poll and who wished to vote were given an opportunity to vote.

87.53(6) A special voting officer shall sign the statement referred to in subsection (5) after it has been signed by the administrator of or person appointed by the treatment centre.

87.53(7) When an additional poll is to be held under this section, the returning officer shall do the following:

(a) notify all candidates for the electoral district of the day, time and place for holding the additional poll; and

(b) take all reasonable steps to notify residents or patients of the treatment centre of the day, time and place for holding the additional poll.

87.53(8) When an additional poll is held under this section, the special ballot papers used shall be the special ballot papers used for the electoral district in which the treatment centre is located.

87.53(9) An elector who is temporarily resident in a treatment centre at the time of an election may vote in the electoral district in which he or she is ordinarily resident by applying for a special ballot paper under section 87.6.

Additional polls - single electoral district

87.54(1) Before the first day of advance polls, the returning officer, in consultation with the Chief Electoral Officer, shall determine if an additional poll should be held in the electoral district at any of the following for the convenience of electors:

(a) an isolated community;

(b) a regional service centre;

(d) a senior citizens’ apartment building or an assisted living facility.

87.54(2) If it is determined that an additional poll should be held under this section, the returning officer shall fix the day, time and place for holding the additional poll.

87.54(3) When an additional poll is to be held under this section, the returning officer shall do the following:

(a) notify all candidates for the electoral district of the day, time and place for holding the additional poll; and

(b) take all reasonable steps to notify the electors served by the poll of the day, time and place for holding the additional poll.

87.54(4) When an additional poll is held under this section, the special voting officers shall set up the polling station to take the vote, at the fixed day, time and place, of any electors served by the poll who choose to vote at the polling station.

87.54(5) When an additional poll is held under this section, the special ballot papers used shall be the special ballot papers used for the electoral district in which the poll is located.

Additional polls generally

87.55(1) An additional poll shall be conducted in accordance with the procedures prescribed by the Chief Electoral Officer.

87.55(2) Special voting officers shall provide any necessary assistance to electors in accordance with section 83.

87.55(3) Special voting officers shall count and report the votes cast at an additional poll in accordance with the provisions respecting special ballots in section 87.64 and the procedures prescribed by the Chief Electoral Officer.

87.55(4) An elector who is a resident or a patient of a treatment centre, community or region where an additional poll is to be held may vote as follows:

(a) at the additional poll;

(b) at the ordinary poll or an advance poll for the polling division in which the elector ordinarily resides; or

Application for special ballot paper

87.6(1) An elector may apply in the manner and form prescribed by the Chief Electoral Officer to a special voting officer for a special ballot paper for the electoral district in which the elector ordinarily resides.

87.6(2) An application under subsection (1) may be made at any time after the writ is issued and shall be made in time to permit the return of the special ballot paper to the special voting officers no later than 8 p.m. on ordinary polling day.

87.6(3) When applying for a special ballot paper, a person who is qualified to vote and whose name does not appear on the list of electors for the electoral district in which the person ordinarily resides may apply to have his or her name added to the list in accordance with subsection 75.01(1).

Issuance of special ballot paper

87.61(1) Before issuing a special ballot paper, a special voting officer shall ensure that the applicant’s name appears on the list of electors for the electoral district in which the applicant ordinarily resides and shall ensure that the applicant has not previously voted at the election.

87.61(2) A special voting officer shall issue a special ballot paper by doing one of the following:

(a) giving it to the elector at an office of the returning officer; or

(b) forwarding it by registered mail or courier to the address of the elector shown on the application.

87.61(3) Despite subsection (2), the special voting officers may issue a special ballot paper by personally delivering it to an elector outside an office of the returning officer if they are satisfied that the elector will be unable to attend the ordinary or advance polls due to the illness or incapacity of the elector or due to the illness or incapacity of a person for whose care the elector is primarily responsible.

87.61(4) On issuing a special ballot paper to an elector, a special voting officer shall record the following in the special ballot poll book:

(a) the name and address of the elector;

(b) the electoral district and the polling division in which the elector ordinarily resides;

(d) whether the special ballot paper was issued in person, by registered mail or by courier.

87.61(5) If a special voting officer is unavailable, a returning officer or an election clerk may issue a special ballot paper to an elector under paragraph (2)(a) and shall take the vote of an elector in the same manner as a special voting officer under subsection 87.62(1).

87.61(6) If a special ballot paper is issued to an elector under paragraph (2)(b), the following shall be issued with the special ballot paper:

(a) instructions indicating how to complete and return the special ballot paper; and

(b) a ballot envelope and a certificate envelope.

Voting by special ballot paper

87.62(1) If a special ballot paper is issued to an elector in accordance with paragraph 87.61(2)(a) or subsection 87.61(3),

(a) the elector shall do the following:

(i) mark the special ballot paper in favour of the candidate for whom he or she votes in the space provided for this on the special ballot paper;

(ii) place a mark on the special ballot paper beside the word “yes” or “no” opposite a question submitted to plebiscite; and

(iii) deposit the special ballot paper in the ballot box; and

(b) the special voting officer shall record in the special ballot poll book that the elector has voted.

87.62(2) If a special ballot paper is issued to an elector under subsection 87.61(3), 2 special voting officers shall be present to take the vote of the elector.

87.62(3) On receipt of a special ballot paper issued under paragraph 87.61(2)(b), an elector shall do the following:

(a) mark the special ballot paper in favour of the candidate for whom he or she votes in the space provided for this on the special ballot paper;

(b) place a mark on the special ballot paper beside the word “yes” or “no” opposite a question submitted to plebiscite;

(d) place the ballot envelope in the certificate envelope and seal the certificate envelope;

(e) complete and sign the certificate on the certificate envelope; and

(f) return the certificate envelope to the special voting officer who issued the special ballot paper no later than 8 p.m. on ordinary polling day.

87.62(4) On receipt of a certificate envelope, the special voting officers, acting together, shall ensure the following:

(a) that the certificate envelope is properly completed;

(b) that the name on the certificate envelope is the same as that of the elector to whom a special ballot paper was issued; and

(c) that the signature on the certificate envelope appears to be the signature of the elector who applied for the special ballot paper.

87.62(5) If the special voting officers are satisfied that the requirements of subsection (4) have been fulfilled, they shall do the following:

(a) remove the ballot envelope from the certificate envelope;

(b) deposit the unopened ballot envelope in the special ballot box;

(c) record in the special ballot poll book the date and time that the certificate envelope was received and that the elector named on the certificate has voted; and

(d) destroy the certificate envelope.

87.62(6) If the special voting officers are not satisfied that the requirements of subsection (4) have been fulfilled, they shall mark “spoiled ballot paper” on the certificate envelope and deposit the unopened certificate envelope in an envelope designated for spoiled ballot papers.

87.62(7) If a special voting officer or a returning officer receives a certificate envelope after 8 p.m. on ordinary polling day, the certificate envelope shall be dealt with in accordance with subsection (6), and he or she shall record in the special ballot poll book the time, date and place that the certificate envelope was received.

87.62(8) An elector who has not returned a certificate envelope in accordance with paragraph (3)(f) shall not be issued a second special ballot paper unless he or she does one of the following:

(a) returns the damaged or improperly marked special ballot paper that was originally issued to the elector to the special voting officer; or

(b) provides the special voting officer with an affidavit stating that he or she has reason to believe that the special ballot paper will not be received by the special voting officers by 8 p.m. on ordinary polling day, and the affidavit shall include the basis for the elector’s belief.

87.62(9) An elector who has inadvertently dealt with a special ballot paper delivered to him or her in such a manner that it cannot conveniently be used shall return it to the special voting officer, who shall deface the special ballot paper so as to render it a spoiled ballot paper and deliver another special ballot paper to the elector.

87.62(10) If an elector is unable to vote without assistance, a special voting officer may assist the elector in completing a special ballot paper in the presence of another special voting officer, the returning officer or an election clerk.

Special ballot boxes — location and care

87.63(1) There shall be at least 2 special ballot boxes in each electoral district, one of which may be affixed to a vote tabulation machine on the direction of the Chief Electoral Officer.

87.63(2) In the presence of the returning officer or an election clerk, the special voting officers shall seal the special ballot boxes before any special ballot papers are issued, and, subject to subsection (3), the boxes shall remain sealed until after the close of the polls on the ordinary polling day.

87.63(3) The special voting officers shall open all of the special ballot boxes and the additional poll boxes which are not affixed to a vote tabulation machine and deal with the special ballots contained in them in accordance with the procedures prescribed by the Chief Electoral Officer.

87.63(4) Special ballot boxes opened under subsection (3) shall be opened

(a) on the Sunday immediately before ordinary polling day at the time designated by the returning officer, who shall notify all candidates in the electoral district of the designated time;

(b) in accordance with the procedures prescribed by the Chief Electoral Officer; and

(c) in the presence of the returning officer or an election clerk and, if they choose to attend, a scrutineer appointed by each candidate.

87.63(5) After the special ballots have been dealt with in accordance with the procedures prescribed by the Chief Electoral Officer, the special ballot boxes shall be resealed for use in voting until the close of the polls on the ordinary polling day.

Special ballots — counting

87.64(1) Immediately following the close of the polls on ordinary polling day and in the presence of the returning officer or an election clerk, the special voting officers shall ensure that the special ballots are counted at an office of the returning officer and they shall complete all other procedures provided by this Act and prescribed by the Chief Electoral Officer with respect to the conduct of an election after the close of the polls on ordinary polling day.

87.64(2) The special voting officers, in accordance with the procedures prescribed by the Chief Electoral Officer, shall ensure that the special ballots for each electoral district are counted and recorded separately and shall ensure that the returning officer for each electoral district for which they have special ballots is notified of the number of votes given for each candidate in that district.

95 Section 88 of the Act is amended

(a) in subsection (1)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

Peace and order at election

88 From the time a poll supervisor takes the oath of office until completion of the performance of his or her duties as a poll supervisor, he or she is a conservator of the peace vested with all the powers of a peace officer and may do any of the following:

(ii) by repealing paragraph (a) and substituting the following:

(a) require the assistance of peace officers, constables or other persons present to aid him or her in maintaining peace and good order at the election;

(iii) by repealing paragraph (d) and substituting the following:

(d) remove or cause to be removed on the day of an advance poll or the ordinary polling day any advertisement, handbill, placard, poster, billboard, electronic billboard, or any other means of display in any form having reference to an election, a candidate or a matter to be voted on at a plebiscite which is displayed within 30 metres of a polling station.

(b) by repealing subsection (2).

96 The heading “COUNTING AND REPORTING THE VOTE” preceding section 89 of the Act is repealed.

97 Section 89 of the Act is repealed.

98 Section 90 of the Act is repealed.

99 Section 91 of the Act is repealed.

100 The Act is amended by adding the following preceding section 92:

PROCEDURES AT CLOSING OF POLLS

Interim closure of advance poll

91.1 At the closing of an advance poll that will be reopened on the next or a later day, the election officers shall follow the procedures prescribed by the Chief Electoral Officer with respect to the following:

(a) securing and safeguarding the cast ballots, the unissued ballot papers, the lists of electors and all other materials and equipment used at that polling station until the poll is reopened; and

(b) reopening the poll for voting on the next or later day.

Closure of ordinary and advance polls

91.2 At the closing of a poll on ordinary polling day or the final closure of an advance poll, election officers shall follow the procedures prescribed by the Chief Electoral Officer with respect to the following:

(a) counting, reporting and recording of the votes cast at the polling stations; and

(b) delivering the ballots, the ballot boxes, the lists of electors, the statement of votes cast, and all other poll materials and equipment to the returning officer.

101 Section 92 of the Act is repealed and the following is substituted:

Safekeeping of ballot boxes

92 On receiving a ballot box, the returning officer shall take every precaution for its safekeeping and for preventing any person other than the returning officer and an election clerk from having access to it.

102 The Act is amended by adding after section 92 the following:

Declaration of elected candidates

92.1(1) On the day fixed for candidates to be declared elected, in the presence of an election clerk and of those candidates or their representatives who are present, the returning officer shall do the following:

(a) from the poll materials received from the polling stations, determine the total number of votes given for each candidate and determine any question submitted to plebiscite; and

(b) declare the candidate having the greatest number of votes to be elected and declare the result of any plebiscite.

92.1(2) The returning officer shall do the following with respect to a declaration under subsection (1):

(a) make the declaration in the prescribed form; and

(b) immediately deliver or mail to each candidate and to the Chief Electoral Officer a copy of the declaration.

92.1(3) If, on determining the total number of votes given for each candidate, an equality of votes is found to exist between any 2 or more candidates and an additional vote would entitle one of those candidates to be declared elected, the returning officer shall cast the deciding vote.

92.1(4) After a candidate has been declared elected, the statements of votes cast, the recapitulation sheets and all other election documents and materials shall be prepared for delivery to the Chief Electoral Officer in accordance with the procedures prescribed by the Chief Electoral Officer.

103 Section 93 of the Act is repealed and the following is substituted:

Declaration of elected candidates when poll materials missing

93(1) If a ballot box, a vote tabulation machine or a statement of votes cast has been destroyed, lost or for any other reason is not returned to the returning officer before the day fixed for candidates to be declared elected, the returning officer shall determine the cause of the poll material’s disappearance and shall obtain from the responsible poll supervisor, or from any other person who has it, a copy of the statement of votes cast, which shall be verified on oath.

93(2) If the returning officer is unable to locate a copy of a statement of votes cast under subsection (1), the returning officer, in the presence of an election clerk and of the candidates or their representatives who are present, may open the appropriate ballot box to retrieve the statement of votes cast contained in it and shall immediately reseal the ballot box.

93(3) If the statement of votes cast or a copy cannot be obtained, the returning officer shall determine the total number of votes given for each candidate at each polling station by the evidence that he or she is able to obtain.

93(4) In order to make a determination under subsection (3), the returning officer may do the following:

(a) summon an election officer or any other person to appear before the returning officer at a day and time to be fixed by the returning officer;

(b) in that summons, direct the election officer or other person to bring all necessary papers and documents with him or her; and

93(5) If the returning officer intends to proceed under subsection (4), he or she shall give adequate notice of the day and time of the proceedings to each of the candidates.

93(6) In a case under subsection (1) or (3), the returning officer shall do the following:

(a) declare elected the candidate appearing to have the greatest number of votes; and

(b) prepare and send to the Chief Electoral Officer a report with the return of the votes, which report shall state the circumstances surrounding the disappearance of the poll material or the missing statement of votes cast and the method by which he or she determined the number of votes given for each candidate.

93(7) A person who refuses or neglects to attend on the summons of a returning officer issued under this section is guilty of an offence.

104 The heading “RECOUNT OR FINAL ADDITION BY JUDGE” preceding section 94 of the Act is repealed and the following is substituted:

JUDICIAL RECOUNT

105 Section 94 of the Act is repealed and the following is substituted:

Judicial recount - application

94(1) Within 4 days after the returning officer has declared a candidate elected, an elector of the electoral district may apply for a recount to a judge of The Court of Queen’s Bench of New Brunswick for the judicial district within which the electoral district is situated.

94(2) When an application is made under this section on the grounds of the closeness of the vote, the judge shall fix a time and a place for the recount, without requiring security for costs, if the report of the returning officer discloses that there is a difference of not more than 25 votes between the number of votes cast for the candidate declared elected and another candidate.

94(3) When an application is made under this section on grounds other than the closeness of the vote, the judge shall fix a time and a place for the recount if

(a) it is made to appear to the judge by the affidavit of a credible witness that one of the following has occurred:

(i) an election officer or a vote tabulation machine failed to count, improperly counted or improperly rejected any ballots or made an incorrect statement of the number of votes cast for a candidate; or

(ii) the returning officer improperly added up the votes; and

(b) the applicant deposits with the clerk of the court $200 as security for the costs of the candidate who was declared elected.

94(4) If a recount is held under this section, it shall be held within 4 days after the application is made to the judge.

94(5) If applications for recounts in 2 or more electoral districts are made to the same judge, the judge shall proceed first with the recount in the electoral district in respect of which the first application was made to him or her, and successively with the recounts in the electoral districts in respect of which applications were later made, and all recounts shall proceed continuously from day to day until the last of them has been completed.

106 The Act is amended by adding after section 94 the following:

Judicial recount - notice and attendance

94.1(1) The judge shall give written notice to the candidates of the time and place fixed for a recount and, at the time of the application or afterwards, he or she may decide and announce that service of the notice will be substituted, by mail, by posting or in any other manner.

94.1(2) The judge shall notify the Chief Electoral Officer of the time and place fixed for a recount, and the Chief Electoral Officer may attend the recount or may designate a member of the staff of Elections New Brunswick to attend.

94.1(3) The judge shall summon the returning officer and the election clerk to attend at the time and place fixed for a recount and to produce, with respect to the relevant electoral district, the envelopes or ballot transfer boxes containing the counted ballots, the rejected ballots and the spoiled ballot papers and the statements of votes cast signed by the appropriate poll officials.

94.1(4) The returning officer and the election clerk shall obey a summons under subsection (3) and shall attend throughout the proceedings.

94.1(5) Each candidate is entitled to attend the proceedings of a recount and is entitled to have in attendance not more than 3 representatives he or she has appointed to attend.

94.1(6) If a candidate does not attend or is not represented at a recount, any 3 electors who may demand to attend on his or her behalf are entitled to attend.

94.1(7) Except with the authorization of the judge, no person other than those set out in this section shall be present at a recount.

Proceedings at a judicial recount

94.2(1) At the time and place fixed for a recount and in the presence of those people in attendance, the judge

(a) shall recount all the votes on ballots returned by the appropriate poll officials,

(b) shall open the sealed envelopes or boxes containing the counted ballots, the rejected ballots and the spoiled ballot papers, and

94.2(2) In recounting the votes, the judge shall do the following:

(a) review the procedures prescribed by the Chief Electoral Officer for election officers with respect to the issuing of ballot papers and the counting, reporting and recording of the votes cast;

(b) in accordance with the procedures referred to in paragraph (a), determine the number of votes given to each candidate;

(d) if necessary or required, review a determination of the returning officer under section 93 and, for the purpose of arriving at the facts as to the missing election materials, the judge may summon and examine witnesses in the same manner as a returning officer under subsection 93(4), and a witness so summoned is subject to the same consequences as in the case of refusing or neglecting to attend on the summons of a returning officer.

94.2(3) In the course of a recount, the judge shall not do the following:

(a) reject a ballot by reason only that the ballot issuing officer failed to initial the ballot paper; and

(b) count a vote that was not counted by a vote tabulation machine because the voter placed his or her mark on the ballot in an area other than the area specifically indicated for a voter to place his or her mark.

94.2(4) As far as practicable, the judge shall proceed continuously with a recount, except during the following:

(a) Sundays;

(b) between 6 p.m. and 9 a.m. the following day, unless he or she directs otherwise; and

94.2(5) During a recess or excluded time, the ballots, ballot papers and other documents shall be kept in parcels under the seals of the judge and of any other person present who wishes to affix his or her seal.

94.2(6) The judge shall personally supervise the parcelling and sealing and shall take all necessary precautions for keeping those papers and documents secure.

94.2(7) At the conclusion of a recount, the judge shall do the following:

(a) seal all the ballots, ballot papers and statements of votes cast in separate packages;

(b) add the number of votes cast for each candidate as ascertained at the recount; and

94.2(8) On receiving a certificate under paragraph (7)(c), the returning officer shall declare elected the candidate who has obtained the greatest number of votes and shall complete the return of the writ in accordance with subsection 96(1).

94.2(9) The judge shall deliver a copy of the certificate under paragraph (7)(c) to each candidate in the same manner as the declaration delivered by the returning officer under subsection 92.1(2), and the judge’s certificate shall be deemed to be substituted for that declaration.

94.2(10) If there is an equality of votes, despite that he or she may have voted under subsection 92.1(3), the returning officer shall cast the deciding vote.

Costs on a judicial recount

94.3(1) If a recount does not alter the result of the poll so as to affect the return, the judge shall do the following:

(a) order the costs of the candidate appearing to be elected to be paid by the applicant; and

(b) tax the costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the court in which the judge ordinarily presides.

94.3(2) Despite paragraph (1)(a), if the application was made under subsection 94(2), the costs of the candidate appearing to be elected shall be an expense of the returning officer for the electoral district in respect of which the application was made.

94.3(3) The moneys deposited as security for costs, so far as necessary, shall be paid out to the candidate in whose favour costs are awarded and, if the deposit is insufficient, the party in whose favour the costs are awarded has a cause of action for the balance.

107 Section 96 of the Act is repealed and the following is substituted:

Election returns

96(1) On or before the eleventh day following ordinary polling day, the returning officer shall do the following:

(a) complete the return of the writ on the prescribed form; and

(b) in accordance with the instructions of the Chief Electoral Officer, deliver the return of the writ and all documents and materials related to the election to the Chief Electoral Officer.

96(2) If a recount has been ordered, the duties of the returning officer under subsection (1) shall be executed on the day following the completion of the recount.

96(3) The returning officer shall forward to each of the candidates a copy of the return of the writ.

96(4) On receiving the return of a writ, the Chief Electoral Officer shall publish in the next issue of The Royal Gazette a notice of the return and the name of the elected candidate.

96(5) On receiving all of the returns of the writs for an election, the Chief Electoral Officer shall deliver a summary of the returns to the Speaker of the Legislative Assembly, who shall lay the summary before the Legislative Assembly at the next session after the election.

108 Subsection 98(8) of the Act is repealed and the following is substituted:

98(8) A person may take extracts from those election documents which are public records and is entitled to receive certified copies of those documents on payment of $0.50 per page.

109 The heading “ADVANCE POLL” preceding section 99 of the Act is repealed.

110 Section 99 of the Act is repealed.

111 Section 100 of the Act is repealed.

112 Section 101 of the Act is repealed.

113 Section 102 of the Act is repealed.

114 Section 103 of the Act is repealed.

115 Section 104 of the Act is repealed.

116 Section 109 of the Act is repealed and the following is substituted:

Offences respecting corrupt practices

109 Every person is guilty of a corrupt practice who does any of the following during an election:

(a) takes a ballot paper out of a polling station;

(b) without authority, intentionally destroys, takes, opens or otherwise interferes with a ballot box or a vote tabulation machine;

(d) without authority, intentionally destroys, takes or otherwise interferes with equipment on which a list of electors or a record of who has voted is maintained or with the information on that equipment;

(e) being an election officer, places on a ballot paper a writing, number or mark with the intent that the elector to whom the ballot paper is to be or has been given may be identified by it; or

(f) attempts to commit any offence specified in this section.

117 Section 112 of the Act is repealed.

118 Section 112.1 of the Act is repealed and the following is substituted:

Offences respecting unauthorized use of lists of electors or register of electors

112.1 A person commits an offence who uses a list of electors or the register of electors, or an extract from either of them, for a purpose other than those specifically provided for in this Act.

119 The Act is amended by adding after section 112.1 the following:

Offence respecting polling station information

112.2 A candidate, agent or representative of a candidate, or representative of a political party with which a candidate is affiliated, who, at any time prior to or on polling day, knowingly causes incorrect information to be given to an elector respecting the polling station where that elector may vote is guilty of an illegal practice.

120 Subsection 116(2) of the Act is repealed.

121 Subsection 117(5) of the Act is amended by striking out “on the premises in which a polling station is located or within thirty metres of the said premises” and substituting “within 30 metres of a polling station”.

122 Section 123 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

123(2) The Lieutenant-Governor in Council may make regulations prescribing a tariff of fees applicable for payment of returning officers, others employed at or with respect to an election under this Act and members of the advisory committee.

(b) by repealing subsection (5).

123 Section 124 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

124(2) When this Act authorizes or directs that an oath, affirmation, affidavit or statutory declaration be made, taken or administered, the oath, affirmation or declaration shall be made before and administered by the person who this Act or the regulations expressly requires administer it, and if no particular person is required to administer it, then by the judge of any court, the returning officer, an election clerk, a poll supervisor, a ballot issuing officer, a voters list officer, a special voting officer, a poll revision officer, a notary public or a commissioner of oaths.

(b) by repealing subsection (3) and substituting the following:

124(3) If a person is required to take an oath, that person may make a solemn affirmation instead.

124 Section 128 of the Act is repealed and the following is substituted:

Prescribing forms

128(1) The Chief Electoral Officer shall prescribe the forms required under this Act and may prescribe any other forms that he or she considers necessary for carrying out the provisions of this Act.

128(2) The Chief Electoral Officer may alter or vary any of the forms prescribed under subsection (1).

128(3) The Chief Electoral Officer shall give notice immediately to the leader of each registered political party of the alteration or variation of a form under subsection (2).

128(4) The Chief Electoral Officer shall ensure that every form is available in both official languages.

128(5) A form that is prescribed by the Chief Electoral Officer shall be published on the Elections New Brunswick website.

128(6) The Regulations Act does not apply to forms prescribed under this section.

125 Section 128.1 of the Act is repealed and the following is substituted:

Regulations

128.1 The Lieutenant-Governor in Council may make regulations prescribing the rules with respect to an application or an appeal under section 122.1

126 Section 129 of the Act is amended

(a) in subsection (7) by striking out “sections 89 to 93” and substituting “sections 91.1 to 93”;

(b) in subsection (10) by striking out “Section 94 and 95” and substituting “Sections 94 to 94.3”.

127 Section 157 of the Act is repealed and the following is substituted:

Advisory Committee

157 Members of the advisory committee other than the Chief Electoral Officer shall be reimbursed for reasonable expenses incurred in the performance of their duties, and shall receive an attendance allowance for each meeting of the committee in accordance with the tariff of fees prescribed by the Lieutenant-Governor in Council.

128 Schedule B of the Act is amended

(a) by striking out

21(5)...............

(b) by striking out

75(5.2)...............

110...............	F
111(1)...............	F
112...............	F
112.1...............	E

and substituting the following:

109(e)...............	F
109(f)...............	F
110...............	F
111(1)...............	F
112.1...............	F
112.2...............	E

129 Schedule C of the Act is amended

(a) by repealing paragraph 2);

(b) in paragraph 4) by striking out “date of birth” and substituting “date of birth, date of death”.

REPEAL

130 New Brunswick Regulation 99-16 under the Elections Act is repealed.