21

 
 

Fourth Session, 45th General Assembly

56 Elizabeth II, 2007

BILL 21

AN ACT TO AMEND THE ELECTIONS ACT, 1991

Received and Read the First Time............................................................................ May 24, 2007

Second Reading............................................................................................................ June 4, 2007

Committee ............................................................................................... Amendment June 4, 2007

Third Reading ............................................................................................................... June 7, 2007

Royal Assent.....................................................................................................................................

HONOURABLE THOMAS G. RIDEOUT

Government House Leader

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTES

Clause 1 of the Bill would repeal and replace section 13 of the Elections Act, 1991 to allow the names and addresses of returning officers to be published in various media rather than only in the Gazette.

Clause 2 would amend subsection 28(2) of the Act to increase the size of polling divisions.

Clause 3 of the Bill would add a proposed section 56.2 to the Act which would allow the Chief Electoral Officer to enter into agreements with municipalities and school boards in order to obtain information respecting electors for the purpose of updating elector lists.

Clause 4 of the Bill would amend paragraph 70(1)(c) of the Act to increase the deposit amount required for filing a candidate's nomination papers from $100 to $200.

Clause 5 of the Bill would repeal and replace paragraph 73(2)(a) of the Act to correct an incorrect citation.

Clause 6 of the Bill would repeal and replace subsection 74(4) of the Act to allow the Chief Electoral Officer to release lists of electors to political parties every April 1 rather than only after the issue of a writ of election.

Clause 7 of the Bill would amend subsection 86(4) of the Act to permit persons to apply for a vote by special ballot 4 weeks before the issue of a writ of election and would allow the Chief Electoral Officer to determine the latest date by which such an application could be made.

Clause 8 of the Bill would add proposed subsections 86.4(4), (5) and (6) of the Act which would ensure that the distribution of special ballot kits and assistance to special ballot voters is provided by election officials only and the return of the kits is provided by the election official or the elector only.

Clause 9 of the Bill would repeal and replace subsections 86.6(2) and 86.6(6) of the Act to allow the Chief Electoral Officer to set the day when declaration envelopes are to be removed from special ballot boxes and the day for the opening of the special balloting boxes. The time of day for these openings has also been delayed until 6 p.m. of the chosen day.

Clause 10 of the Bill would amend subsection 92(3) of the Act by removing the requirement to have only 50 ballots in each book printed and bound for an election.

Clause 11 of the Bill would repeal section 129 of the Act which provides for a different oath for electors voting by special ballot and in conjunction with the repeal and replacement of section 130 at clause 12 would require that special ballot voters take the same oath as an elector at an ordinary poll on the scheduled election polling day.

Clause 13 of the Bill would repeal and replace subsection 145(3) of the Act and in conjunction with the amendment to paragraph 159(1)(b) at clause 14 would remove the requirement for the deputy returning officer to deliver a copy of the statement of poll to the candidates. The statement is still provided to the scrutineers.

Clause 15 of the Bill would add a proposed subsection 184(2) to the Act to allow the Chief Electoral Officer to reopen ballot boxes after the date upon which an application may be made respecting an improper election return without a court order in order to obtain information relevant to the compiling of a list of electors.

Clause 16 of the Bill would amend the definition of "campaign period" in paragraph 269(1)(c) of the Act by changing the end of a campaign period to 4 months after polling day rather than 6 months after polling day.

Clause 17 of the Bill would amend subsection 304(1) of the Act to require the filing of election financial statements within 4 months of polling day rather than within 6 months of polling day.

A BILL

AN ACT TO AMEND THE ELECTIONS ACT, 1991

Analysis

        1.   S.13 R&S
Publication of returning officers

        2.   S.28 Amdt.
Polling divisions

        3.   S.56.2 Added
Agreements with municipalities and school boards

        4.   S.70 Amdt.
Conditions to be met

        5.   S.73 Amdt.
Disposal of deposit

        6.   S.74 Amdt.
Closing nominations

        7.   S.86 Amdt.
Vote by special ballot

        8.   S.86.4 Amdt.
Casting of vote

        9.   S.86.6 Amdt.
Counting of ballots

      10.   S.92 Amdt.
Printing ballots

      11.   S.129 Rep.
Requirements of elector

      12.   S.130 R&S
Requirements of elector

      13.   S.145 Amdt.
Statement of the poll

      14.   S.159 Amdt.
Missing ballot box

      15.   S.184 Amdt.
Production of election documents

      16.   S.269 Amdt.
Interpretation

      17.   S.304 Amdt.
Filing financial statement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1992 cE-3.1
as amended

        1. Section 13 of the Elections Act, 1991 is repealed and the following substituted:

Publication of returning officers

      13. The Chief Electoral Officer shall, as he or she considers appropriate, publish or announce in a newspaper, magazine or other print, visual, audio or electronic media accessible in an electoral district or on a website established for the purpose, a list of the names and addresses of the returning officers for that electoral district.

 

        2. [Deleted by Amendment in Committee on June 4, 2007.]

 

        3. The Act is amended by adding immediately after section 56.1 the following:

Agreements with municipalities and school boards

   56.2 (1) The Chief Electoral Officer may enter into an agreement with a municipality or a board with respect to the supply and exchange of information necessary for a revision, correction or compilation of a Permanent List of Electors.

             (2)  In this section

             (a)  "board" means a board as defined in the Schools Act, 1997; and

             (b)  "municipality" means a municipality as defined in the Municipal Elections Act.

 

        4. Paragraph 70(1)(c) of the Act is amended by deleting the amount "$100" and substituting the amount "$200".

 

        5. Paragraph 73(2)(a) of the Act is repealed and the following substituted:

             (a)  where, in accordance with section 304

                      (i)  the district association of the registered party with whom the candidate is affiliated has filed financial statements, or

                     (ii)  the candidate who is a non-affiliated candidate personally entitled under section 312 to be reimbursed for his or her election expenses has filed financial statements,

be returned to the candidate;

 

        6. Subsection 74(4) of the Act is repealed and the following substituted:

             (4)  The Chief Electoral Officer shall

             (a)  on April 1 of each year furnish to each political party registered under Part III a copy of the list of electors for the electoral districts involved in the election; and

             (b)  upon the filing of nomination papers with the returning officer for a candidate who has been officially nominated by a party, or as soon afterwards as possible, furnish to that candidate a copy of the list of electors for the electoral district in which the candidate is nominated.

          (4.1)  In addition to the list of electors provided under subsection (4), not later than 5 days before polling day, the Chief Electoral Officer shall furnish to

             (a)  each political party registered under Part III, an updated list of the electors for the electoral districts involved in the election; and

             (b)  each candidate, an updated list of the electors for the electoral district for which that candidate is nominated.

 

        7. Subsection 86(4) of the Act is repealed and the following substituted:

             (4)  An application to vote by special ballot may be made to the office of the Chief Electoral Officer beginning not more than 4 weeks before the issue of the writ of election and ending at 6:00 p.m. on a day to be determined by the Chief Electoral Officer.

 

        8. Section 86.4 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  A special ballot kit shall be distributed to an elector by an election official only.

             (5)  A special ballot kit shall be returned to the Chief Electoral Officer by the elector or an election official only.

             (6)  Where a voter requires assistance in the completion of his or her special ballot, that assistance shall be provided by an election official only.

 

        9. (1) Subsection 86.6(2) of the Act is repealed and the following substituted:

             (2) Notwithstanding section 216, at 6:00 p.m. on a day before polling day to be determined by the Chief Electoral Officer, the declaration envelopes shall be removed from the ballot box by the Special Ballot Administrator or a special ballot officer in the presence of the persons designated under section 86.5 or, where they are not available, in the presence of 2 other witnesses.

             (2)  Subsection 86.6(6) of the Act is repealed and the following substituted:

             (6)  Notwithstanding section 216, at 6 p.m. on a day before polling day to be determined by the Chief Electoral Officer, the Special Ballot Administrator or a special ballot officer, in the presence of the persons designated under section 86.5 to act as scrutineers, or 2 other witnesses, where the scrutineers are not available, shall open the ballot boxes, open the sealed ballot envelopes and proceed to count the votes.

 

      10. Subsection 92(3) of the Act is amended by deleting the word and number "containing 50".

 

      11. Section 129 of the Act is repealed.

 

      12. Section 130 of the Act is repealed and the following substituted:

Requirements of elector

   130. The deputy returning officer, a candidate or a scrutineer of a candidate may require that a person offering himself or herself as an elector at an advance poll take, before being handed a ballot, an oath that an elector at an ordinary poll on the scheduled polling day may be required to take.

 

      13. Subsection 145(3) of the Act is repealed and the following substituted:

             (3)  The deputy returning officer shall deliver one copy of the statement of the poll to each of the scrutineers.

 

      14. Paragraph 159(1)(b) of the Act is amended by deleting the words "candidates or their".

 

      15. Section 184 of the Act is amended by renumbering it as subsection 184(1) and by adding immediately after that subsection the following:

             (2)  Notwithstanding subsections (1) and 185(1), after the date upon which an application may be made under section 235 has passed, the Chief Electoral Officer may, for the purpose of revising and correcting the Permanent List of Electors under section 56, open a sealed ballot box in the presence of the Clerk of the House of Assembly and, with respect to that opened box,

             (a)  may remove the contents relevant to the revising and correction of the Permanent List of Electors; and

             (b)  shall ensure that the contents of an opened ballot box are used or kept in a secure place; and

             (c)  shall reseal the opened ballot box with a numbered seal making a record of the number on the seal used and furnishing the Clerk of the House of Assembly with a copy of the record.

 

      16. Paragraph 269(1)(c) of the Act is amended by deleting the number "6" and substituting the number "4".

 

      17. Subsection 304(1) of the Act is amended by deleting the number and word "6 months" and substituting the number and word "4 months".

ŠEarl G. Tucker, Queen's Printer