BILL 37

An Act to Amend the Municipal Elections Act

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

1 Section 1 of the Municipal Elections Act, chapter M-21.01 of the Acts of New Brunswick, 1979, is amended

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

(b)  by repealing the definition “election officer” and substituting the following:

“election officer” includes the Municipal Election Officer, the Assistant Municipal Electoral Officers, every municipal returning officer, election clerk, poll supervisor, voters list officer, ballot issuing officer, ballot counting officer, poll revision officer, tabulation machine officer, training officer, special voting officer, technical support officer, constable or any other person having any duty to perform under this Act to the faithful performance of which he or she may be sworn; (membre du personnel électoral)

(c)  by adding the following definitions in alphabetical order:

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

“treatment centre” means a nursing home, special care home, assisted living facility, psychiatric facility, extended care unit in a hospital or any other residential facility operated for the purpose of the care and treatment of ten or more senior citizens or ten or more persons having a physical or mental disability. (centre de traitement)

2 Subsection 11(3.1) of the Act is amended by striking out “because a candidate has been declared elected by acclamation” and substituting “because all candidates in that polling division have been deemed elected by acclamation on election day”.

3 Section 12 of the Act is amended by adding after subsection (1) the following:

12(1.1) On request by the municipal 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 municipal 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;

(c)  date of birth; and

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

4 Subsection 16(2) of the Act is amended in the portion preceding paragraph (a) by striking out “except a mobile polling station”.

5 Subsection 17(4.1) is repealed and the following is substituted:

17(4.1) If, after the withdrawal, there are an equal number of candidates and vacant positions for an office, the remaining candidates shall be deemed elected by acclamation on election day without holding the poll.

6 Subsection 19(1) of the Act is amended in the portion following paragraph (b) by striking out “elected by acclamation” and substituting “elected by acclamation on election day without holding the poll”.

7 Subsection 21(3) of the Act is repealed and the following is substituted:

21(3) The name of each candidate as it appears on the nomination paper shall appear on the ballot paper, and the names of the candidates shall be

(a)  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)  reproduced in alphabetical order of their surnames, and if multiple candidates have the same surname, in alphabetical order of their given names.

8 Section 22 of the Act is amended

(a)  in subsection (1)

(i) in paragraph (f) by striking out “mobile poll officer” and substituting “special voting officer”;

(ii) in paragraph (g) by striking out “special ballot officer” and substituting “ballot counting officer”;

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

22(2) None of the following persons shall be appointed as election officers:

(a)  persons not qualified as electors in the Province; and

(b)  persons who have been found guilty of a corrupt practice under the electoral laws of Canada, of any province, or of any municipality.

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

22(2.1) Despite subsection (2), a person who is 16 years of age or older may be appointed as an election officer, except as a poll supervisor, if the person would be qualified as an elector if not for his or her age.

9 Section 24 of the Act is amended by striking out “except a mobile polling station”.

10 Subsection 30(2) is repealed and the following is substituted:

30(2) A poll supervisor who works at a polling station may have his oath taken by the municipal returning officer, an election clerk or a training officer and all other election officers may have their oaths taken either by the municipal returning officer, an election clerk, a training officer or the poll supervisor.

11 Subsection 31(4) of the Act is amended by adding after paragraph (h) the following:

(h.1)  a person who assists a voter in accordance with section 38;

12 Section 31.1 of the Act is amended by striking out “including a mobile poll” and substituting “including an additional poll”.

13 Subsection 32(1) of the Act is amended by striking out “ballot issuing officer” and substituting “ballot counting officer”.

14 Paragraph 36(3)(b) of the Act is amended by striking out “for the municipality” and substituting “for that polling station”.

15 Subsection 37(1) of the Act is amended by striking out “a voters list officer, ballot issuing officer or poll supervisor” and substituting “any election officer”.

16 Section 38.1 of the Act is repealed and the following is substituted:

38.1 For each election, the municipal returning officer shall determine if there are any treatment centres in each municipality and, if so, shall

(a)  in consultation with the administrator of or person appointed by each centre, 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; and

(b)  appoint two special voting officers for each additional poll.

17 Section 38.2 of the Act is repealed and the following is substituted

38.2(1) 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 an additional poll in a common area of the centre to take the vote of electors who are able to attend the additional poll; 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.

38.2(2) When an additional poll is held, the special voting officers shall conduct the poll in accordance with the instructions prescribed by the Municipal Electoral Officer and shall provide any necessary assistance to electors in a treatment centre.

18 Section 38.3 of the Act is repealed the following is substituted:

38.3 Despite subsection 31(4), only the following persons may accompany an additional poll as it moves from room to room in a treatment centre:

(a)  the special voting officers;

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

(c)  a staff member of the centre.

19 Section 38.4 of the Act is repealed and the following is substituted:

38.4 When an additional poll is held in a treatment centre, the ballot papers used shall be the same as those used in the election held in the municipality where the centre is located.

20 Section 38.5 of the Act is repealed and the following is substituted:

38.5 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.

21 Section 38.6 of the Act is repealed and the following is substituted:

38.6 A special voting officer shall sign the statement after it has been signed by the administrator of or person appointed by the treatment centre.

22 Section 39.01 of the Act is repealed and the following is substituted:

39.01 The municipal returning officer shall appoint two special voting officers for each election, and may, subject to the approval of the Municipal Electoral Officer, appoint additional special voting officers as required to conduct additional polls.

23 Section 39.1 of the Act is amended

(a)  in subsection (1) by striking out “special ballot officer” and substituting “special voting officer”;

(b)  in subsection (2) by striking out “special ballot officers” and substituting “special voting officers”.

24 Section 39.2 of the Act is amended by striking out “special ballot officers” and substituting “special voting officers”.

25 Section 39.3 of the Act is amended

(a)  in subsection (1) by striking out “special ballot officer” and substituting “special voting officer”;

(b)  in subsection (3) in the portion preceding paragraph (a) by striking out “special ballot officer” and substituting “special voting officer”;

(c)  in subsection (4) by striking out “Notwithstanding subsection (3), special ballot officers” and substituting “Despite subsection (3), special voting officers”;

(d)  in subsection (5) in the portion preceding paragraph (a) by striking out “a special ballot officer” and substituting “a special voting officer”;

(e)  in paragraph (6)(b) by striking out “the special ballot officers” and substituting “the special voting officers”;

(f)  in subsection (7) by striking out “special ballot officers” and substituting “special voting officers”;

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

39.3(8) If a voter is unable to vote without assistance, a special voting officer may assist the voter in completing a special ballot paper in the presence of another special voting officer.

(h)  in subsection (9) by striking out “special ballot officer” wherever it appears and substituting “special voting officer”;

(i)  in paragraph (11)(f) by striking out “special ballot officers” and substituting “special voting officers”;

(j)  in subsection (12) in the portion preceding paragraph (a) by striking out “special ballot officers” and substituting “special voting officers”;

(k)  in subsection (13) in the portion preceding paragraph (a) by striking out “special ballot officers” and substituting “special voting officers”;

(l)  in subsection (14) by striking out “special ballot officers” and substituting “special voting officers”;

(m)  in subsection (15) by striking out “special ballot officer” and substituting “special voting officer”;

(n)  in subsection (16)

(i) in paragraph (a) by striking out “special ballot officers” and substituting “special voting officers”;

(ii) in paragraph (b) by striking out “special ballot officers” wherever it appears and substituting “special voting officers”;

(o)  in subsection (17) by striking out “to the special ballot officer” and substituting “to the special voting officer”;

(p)  in paragraph (18)(b) by striking out “special ballot officer” and substituting “special voting officer”.

26 Subsection 39.4(2) of the Act is amended by striking out “special ballot officers” and substituting “special voting officers”.

27 Section 39.5 of the Act is amended

(a)  in subsection (1) by striking out “special ballot officers” and substituting “special voting officers”;

(b)  in subsection (2)

(i) by striking out “special ballot officers” and substituting “special voting officers”;

(ii) by striking out “returning officer” and substituting “municipal returning officer”.

28 Paragraph 41(1)(c) of the Act is repealed and the following is substituted:

(c)  declare elected any candidates deemed elected by acclamation on election day under subsection 17(4.1) or 19(1).

29 Subsection 41(5) of the Act is repealed and the following is substituted:

41(5) After receiving the copy of the declaration referred to in paragraph (2)(b), the Municipal Electoral Officer shall without delay

(a)  publish a copy of it in The Royal Gazette; and

(b)  provide a copy of it to the clerk of the affected municipality.

30 Subsection 49(1) of the Act is amended by striking out “a special ballot officer, mobile poll officer” and substituting “a special voting officer”.

31 Schedule A of the Act is amended by striking out

12.1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E

12.1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E

and substituting the following:

12.1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F

12.1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F