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Newfoundland Regulation 1997 School Board Election Regulations, 1998 (Filed
December 23, 1997) Under the
authority of subsection 118 of the
Schools Act, 1997, the Lieutenant-Governor in Council makes the following
regulations. Dated at John R.
Cummings REGULATIONS Analysis 1. Short
title 2. Definitions 3. Time
of election and first meeting 4. Persons
qualified to vote 5. Ballots 6. Candidates 7. Duties
of board 8. List
of electors 9. Particulars
of electoral lists 10. Posting
of nomination notice 11. Persons
eligible to vote 12. Nomination 13. Returning
officer may declare election 14. Where
too few candidates are nominated 15. Declaration
of poll 16. Ballot
papers 17. Procedure
on granting of poll 18. Oath
or affirmation of office 19. Polling
station 20. Persons
prohibited 21. Examination
of ballot box 22. Where
one may vote 23. Presentation
for vote 24. Voting
procedure 25. Cancelled
ballots 26. Incapacitated
electors 27. Close
of poll 28. Rejection
of ballot papers 29. Objections
to ballots 30. Counting
of ballot papers 31. Statement
of particulars 32. Successful
candidate declared 33. Tie 34. Request
for recount 35. Procedure
on recount 36. Offence 37. By-election 38. Cost
of election 39. Minister
may set dates Short title 1. These regulations may be cited as
the School Board Election Regulations,
1998. Definitions 2. In these regulations (a) "Act"
means the Schools Act, 1997; (b) "elector"
means a person who is qualified to vote at an election of trustees to a board; (c) "returning
officer" means, unless otherwise determined by the board, the assistant
director of finance and business administration appointed under section 79 of
the Act; and (d) "zone"
means a zone established by a board under section 54 of the Act for the purpose
of electoral representation in a district. Time of election and first meeting 3. (1) An election of trustees to a
board shall be held on the day that municipal elections are held unless the
minister otherwise directs. (2) The
first meeting of a board following an election of trustees, other than a
by-election, shall be called within 30 days of the election. Persons qualified to vote 4. (1) A person is qualified to vote
in an election of trustees to a board who (a) is
not less than 18 years of age; (b) is
a Canadian citizen; and (c) is
ordinarily resident in the district on the day of the election. (2) An
elector is entitled to vote in only one zone established by the board under
section 54 of the Act. (3) For
the purpose of subsection (2), the zone in which the elector is entitled to
vote shall be the zone in which the person is ordinarily resident. (4) Notwithstanding
subsections (1) to (3), an elector who has a child enrolled in a school located
in a district where he or she is not ordinarily resident may vote in an
election of trustees to the board in that district. (5) For
the purpose of subsection (4), an elector who is not ordinarily resident in the
district shall vote in the zone where the school at which one or more of the
elector's children is enrolled is located. (6) Section
26 of the Elections Act, 1991 applies
for the purpose of determining whether a person is ordinarily resident in a
district or a zone for the purpose of paragraph (1)(c) and subsections (3) and
(5). Ballots 5. A ballot shall clearly state (a) the
name of each candidate; and (b) the
number of trustees for whom an elector may vote. Candidates 6. (1) A person who is qualified to
vote for trustees in a zone is qualified to be a candidate in that zone. (2) Notwithstanding
subsection (1), a candidate shall be ordinarily resident in the zone in which
he or she seeks election on the day of the filing of the nomination. (3) A
candidate for election shall be nominated by 2 persons who are qualified to
vote in the zone for which the person is seeking election. (4) A
person is not eligible to be a candidate at an election (a) to
more than one board; or (b) to
more than one zone. Duties of board 7. (1) Not less than 10 days before
the deadline for receipt of nominations for an election, other than a
by-election, a board shall (a) determine
the number of polling divisions into which the district is to be divided,
giving due consideration to geographical and all other factors that may affect
the convenience of the electors in casting their votes; and (b) appoint
a returning officer. (2) Where
a poll is granted under section 15, a board shall, within 3 working days of the
closing date for the nomination of candidates, (a) appoint
a deputy returning officer and poll clerk for each designated polling station;
and (b) designate
polling stations to be used for the election. (3) Notwithstanding
subsection (2), where the boundaries of a district include a municipality, or
part of a municipality, a board shall co-operate with the council of the
municipality for the purpose of, where practical, (a) designating
polling stations to be used jointly in a board and municipal election; and (b) appointing
deputy returning officers and poll clerks to act concurrently, in their
respective capacities, in a board and municipal election. (4) Notwithstanding
subsection (3), where an election does not coincide with a municipal election
the board shall, where practical, use schools or board offices as polling
stations. List of electors 8. (1) Not less than 2 months before
the date of an election, other than a by-election, the returning officer shall
cause a list of electors for the district to be prepared, revised and compiled
in accordance with these regulations. (2) The
returning officer shall prepare a list of electors for each polling division
and, where practical, the list so prepared shall be in a form prescribed by the
minister. (3) For
the purpose of preparing a list of electors for the district, a returning
officer shall use valid sources of information available to the returning
officer. (4) Where
a list of electors referred to in subsection (1) is to be compiled, the
returning officer shall complete the list of electors not later than 30 days
before the next election. Particulars of electoral lists 9. (1) The returning officer shall,
when the returning officer has completed the preparation of the list of
electors for a polling division or district, make out 3 true and correct copies
of it and endorse at the end of the list and of each copy a certificate in a
form prescribed by the minister signed by the returning officer and the
returning officer shall post up a certified copy of the list at each of 2
conspicuous places in that polling division or district for a period of 14
days. (2) When
posting up the copies of the list of electors referred to in subsection (1),
the returning officer shall post up with each copy a notice in a form
prescribed by the minister advising the electors when and where they may report
errors and omissions to the returning officer during the 14 day period referred
to in subsection (1). (3) An
elector who has not been included in or an elector who should have been
excluded from the list of electors shall attend on the returning officer during
the period and at the place referred to in subsection (2) and shall set out the
grounds on which the elector should be so included or excluded. (4) When
the returning officer is satisfied that an elector referred to in subsection
(3) is or is not a qualified elector under section 4, the returning officer
shall supply the omission or correct the error by inserting or omitting the
name. (5) The
returning officer shall within one week after the revision return the list of
electors revised and certified by the returning officer to have been so revised
to the board. Posting of nomination notice 10. (1) The returning officer shall
post notices of the period fixed for the nomination of candidates in at least
one conspicuous place in each city, town or community in the district where the
board operates a school, and the notices shall be posted not less than 7 days
before the commencement of the period fixed for the nomination. (2) The
returning officer shall, where a poll is granted, post notices of the poll in
at least one conspicuous place in each city, town or community in the district
where the board operates a school, and the notices shall be posted within 3
days of the expiration of the period fixed for the nomination of candidates. Persons eligible to vote 11. (1) Where a list of electors is
compiled under section 8, the electors whose names appear in the lists of
electors certified by the returning officer shall be those entitled to vote at
the next election and a person whose name does not appear upon the list shall
not be allowed to vote at the election. (2) Notwithstanding
subsection (1), every elector whose name has been omitted from the list of
electors may have his or her name inserted before the close of the poll by
attending at the election and completing a declaration of eligibility to vote
in a form prescribed by the minister. Nomination 12. (1) Every nomination shall be in a
form prescribed by the minister. (2) The
nomination form shall be filed with the returning officer between the hours of (3) A
nomination form may be delivered to the returning officer by registered mail
provided it is postmarked on the first 3 working days fixed for the filing of
nomination forms under subsection (2). (4) A
nomination form may be filed with a returning officer by facsimile transmission
provided the date of the transmission is stated on it electronically. Returning officer may declare election 13. Where only as many or fewer
candidates are nominated as trustees than are required to be elected in a zone
the returning officer shall, without a poll being taken, declare those
candidates who are nominated to be elected and shall make the declaration
publicly at his or her office at 9:00 a.m. of the first working day following
that on which nominations close. Where too few candidates are nominated 14. Where fewer candidates are
nominated as trustees than are required to be elected in a zone the returning
officer shall notify the board and the board shall notify the minister of the
deficiency. Declaration of poll 15. Where more candidates are nominated
as trustees than are required to be elected in a zone the board shall grant a
poll for the taking of votes. Ballot papers 16. (1) When a poll has been granted
the returning officer shall immediately cause to be printed a number of ballot
papers, not less than the number of electors in the zone in which an election
is to be held, and shall stamp with the stamp or seal with the seal of the
board all ballot papers to be used in an election of trustees. (2) Notwithstanding
subsection (1), the returning officer shall not stamp or seal ballot papers
except those forwarded to the deputy returning officers and the existence of a
ballot paper stamped or sealed by the returning officer other than those
provided to the deputy returning officers is, in the absence of evidence to the
contrary, evidence of malfeasance in office by the returning officer. (3) The
ballot papers shall contain the names of the candidates and shall be
alphabetically arranged in the order of their surnames or, if there are 2 or
more candidates with the same surname, in the order of their other names and
the names shall be as set out in the nomination papers with the description
given in it. (4) The
ballot papers shall be in a form prescribed by the minister. Procedure on granting of poll 17. (1) On a poll being granted, the
returning officer shall deliver to every deputy returning officer (a) a
list in alphabetical order of the persons qualified to vote in the polling
division for which the deputy returning officer has been appointed if such a
list has been compiled; (b) one
ballot box; (c) a
sufficient number of ballots and the materials necessary to enable electors to
mark them; (d) a
sufficient number of copies of directions for the guidance of electors which
shall be in a form prescribed by the minister; and (e) one
or more poll books which shall be in a form prescribed by the minister. (2) Every
returning officer or deputy returning officer shall cause a copy of the
directions for the guidance of electors to be posted prominently outside the
polling booth and in every compartment of the polling booth and shall see that
they remain so posted until the close of polling. Oath or affirmation of office 18. (1) Every returning officer, deputy
returning officer and poll clerk shall, before assuming office under section 7,
take an oath or affirmation of office in the form prescribed by the minister. (2) The
oath or affirmation of office referred to in subsection (1) may be sworn or
affirmed before a justice of the peace, a commissioner for oaths or a notary
public. Polling station 19. (1) Every returning officer or
deputy returning officer shall at 8:00 a.m. on polling day open the poll
assigned to the returning officer or deputy returning officer and shall until
8:00 p.m. keep the poll open and shall during that time receive in the manner
prescribed the votes of all electors qualified to vote at the polling booth. (2) Every
polling booth shall be provided with compartments in which electors may mark
their ballots screened from observation. Persons prohibited 20. (1) During the holding of the poll,
a person, other than the officers appointed under section 7 to hold the
election and an elector actually engaged in voting, is not entitled and shall
not be permitted to be present in the polling place. (2) The
returning officer or deputy returning officer may order the removal from the
polling booth of a person who is not entitled to be present or who, being so
entitled, obstructs the voting, and the order shall be executed by a peace
officer without the order being in writing and without a warrant. Examination of ballot box 21. At the hour fixed for opening the
poll, the returning officer or deputy returning officer shall examine the
ballot box in the presence of at least one other witness or see that the ballot
box is empty, and shall immediately lock it, place it in view for the receipt
of ballot papers and keep it locked until the close of the poll. Where one may vote 22. Notwithstanding subsection 4(3),
the returning officer at the request of an elector who has been appointed
deputy returning officer or poll clerk shall give a deputy returning officer or
poll clerk a certificate in a form prescribed by the minister entitling the
deputy returning officer or poll clerk to vote at the polling division where he
or she is to be stationed during polling day. Presentation for vote 23. When a person claiming to be
entitled to vote presents himself or herself at the polling booth for the
purpose of voting, the person shall state his or her name and place of
residence, and the returning officer or the deputy returning officer shall
proceed as follows: (a) the
returning officer or deputy returning officer shall ascertain that the name of
the person is entered or purports to be entered upon the copy of the list of
electors for the polling division and if the name of the elector proposing to
vote is not found on the list the person shall be so informed and, in
accordance with subsection 11(2), be given a declaration to sign and, upon
signing the declaration, shall be permitted to vote; (b) the
returning officer or deputy returning officer shall enter or cause to be
entered in the poll book the name of the person presenting himself or herself
at the polling booth for the purpose of voting; and (c) the
returning officer or deputy returning officer shall deliver to the person
qualified to vote under paragraph (a) a ballot paper which the returning
officer or deputy returning officer has initialled. Voting procedure 24. Upon receiving the ballot paper,
the elector shall (a) immediately
proceed into a voting compartment of the polling booth; (b) then
immediately mark his or her ballot paper by marking a cross with a pencil on a
part of the ballot paper containing the name or names of the candidate or
candidates for whom the elector intends to vote; (c) then
fold the ballot paper so as to conceal the names of the candidates and the mark
or marks upon the face of the paper; (d) upon
leaving the compartment, without showing the front to anyone or so displaying
the ballot paper so as to make known the candidate or candidates for whom the
elector voted, deposit the ballot paper in the ballot box; and (e) then
shall immediately leave the polling booth. Cancelled ballots 25. An elector who has inadvertently
dealt with his or her ballot paper in a manner that it cannot be conveniently
used is, upon returning it to the returning officer or deputy returning
officer, entitled to obtain another ballot paper, and the returning officer or deputy
returning officer shall write the word "cancelled" upon the ballot
paper returned to the returning officer or deputy returning officer and
preserve it. Incapacitated electors 26. (1) When an elector (a) is
incapacitated by blindness or other physical cause from marking his or her
ballot paper; or (b) claims
to be unable to read, the
returning officer or deputy returning officer shall obtain from the elector an
oral oath or solemn declaration or another declaration as prescribed by the
minister. (2) If
an incapacitated elector referred to in subsection (1) is accompanied by a
friend, the returning officer or deputy returning officer, if requested to do
so by the elector, shall permit that friend to accompany the elector into a
voting compartment for the purpose of marking the elector's ballot and the
ballot paper when marked shall be delivered by the elector or the friend to the
returning officer or the deputy returning officer to be placed in the ballot
box. (3) Except
as provided in subsection (2), the returning officer or deputy returning
officer shall mark the ballot of an elector referred to in subsection (1) in
the manner directed by that elector, and shall immediately place the ballot
paper in the ballot box. (4) The
returning officer or deputy returning officer shall make an entry opposite the
name of the person in the poll book that the vote of the person is marked under
this section and the reason why it is so marked. Close of poll 27. (1) Immediately after the close of
the poll the returning officer or deputy returning officer shall first place
all the cancelled ballot papers in a separate packet, seal it and shall then
count the number of electors whose names appear on the poll book and sign the
following certificate which shall be entered in the poll book on the line immediately
below the name of the elector who voted last: "I
certify that the number of electors who voted at the election in this polling
booth is (stating the number in words) and that A.B. was the last person who
voted at this polling booth.". (2) Immediately
after the certificate required by subsection (1) has been signed by the
returning officer or deputy returning officer, the returning officer or deputy
returning officer, in the presence and in full view of candidates or their
agents who may be present, shall open the ballot box and count the number of
votes for each candidate, giving full opportunity to those present to examine
each ballot paper. Rejection of ballot papers 28. (1) In counting the votes the
returning officer or deputy returning officer shall reject a ballot paper (a) that
has not been initialled by the returning officer or the deputy returning
officer; (b) where
the elector has voted for more candidates than the number to be elected; or (c) upon
which there is a writing or mark by which the elector can be identified or that
has been torn, defaced or otherwise dealt with by the elector in a manner so
that the elector can be identified. (2) A
ballot paper shall not be rejected under subsection (1) by reason only that it
has been marked with a writing instrument other than a black lead pencil or it
has a mark other than a cross, as long as the mark does not constitute
identification of the elector. (3) Notwithstanding
subsection (1), a ballot paper shall not be rejected in its entirety only
because one or more of the votes on the ballot paper is rejected and in such a
case the votes not rejected shall be counted. Objections to ballots 29. (1) The returning officer or deputy
returning officer shall note in the poll book every objection taken to a ballot
paper by a candidate or his or her agent and shall decide the objection,
subject to review on recount or in a proceeding questioning the validity of the
election. (2) Each
objection shall be numbered and a corresponding number shall be placed on the
back of the ballot paper and initialled by the returning officer or the deputy
returning officer and when the objection is upheld the word
"rejected" or "partially rejected" shall be marked on the
face of the ballot paper. Counting of ballot papers 30. All the ballot papers except those
rejected shall be counted and an account shall be kept of the number of votes
given and allowed for each candidate and all the ballot papers shall be put
into separate packets as follows: (a) all
the used ballot papers which have not been objected to and have been counted; (b) all
the used ballot papers which have been objected to and have been counted; (c) all
of the partially rejected ballot papers; (d) all
the rejected ballot papers; (e) all
the cancelled ballot papers; (f) all the ballot papers used but unmarked; and (g) all
the unused ballot papers. Statement of particulars 31. (1) The returning officer or deputy
returning officer shall make out a statement in duplicate of (a) the
number of ballot papers received from the returning officer; (b) the
number of used ballot papers which have not been objected to and have been
counted; (c) the
number of used ballot papers which have been objected to and have been counted; (d) the
number of partially rejected ballot papers; (e) the
number of rejected ballot papers; (f) the number of cancelled ballot papers; (g) the
number of ballot papers used but not marked; (h) the
number of ballot papers taken from the polling booth; (i) the number of unused ballot papers; and (j) the number of votes given for each candidate. (2) The
statement referred to in subsection (1) shall be signed by the returning
officer or the deputy returning officer, and one copy shall be attached to the
poll book and the other shall be delivered to the assistant director of finance
and business administration for the board. Successful candidate declared 32. The returning officer, after he or
she has received the ballot boxes and statements of the number of votes given
at each polling booth, shall, without opening any of the ballot boxes, total
the number of votes received by each candidate and at his or her office shall
publicly declare the candidate receiving the largest number of votes, together
with, in the case where more than one candidate is entitled to be elected, the
candidate or candidates up to the remaining number entitled to election
standing in order on the basis of the number of votes received, and the
returning officer shall also put up in some conspicuous place a statement under
his or her hand showing the number of votes for each candidate. Tie 33. If, upon the casting of votes, 2 or
more candidates have an equal number of votes where both or all of the
candidates cannot be elected, the returning officer shall write the names of
those candidates separately on blank sheets of paper of equal size and of the
same colour and texture, and after folding them in a uniform manner so that the
names are concealed, deposit them in a receptacle and direct some person to
withdraw one of the sheets and the returning officer shall declare to be
elected the candidate whose name appears on the sheet thus drawn. Request for recount 34. (1) If, within 3 days after the
declaration of an election, a candidate by himself or herself or his or her
agent requests in writing a recount of the votes cast in the district for which
the candidate was nominated, the returning officer shall appoint a time within
5 days after the receipt of all ballot boxes to recount the votes at the
returning officer's office. (2) The
returning officer shall notify every candidate at the election of the request
and of the time and place appointed to recount the votes. (3) The
returning officer and the person the returning officer appoints to assist the
returning officer and each candidate or his or her agent or at least 3 electors
of the district in which the election was held shall be present for the
recounting of votes. Procedure on recount 35. (1) At the time and place appointed
and in the presence of the persons referred to in section 34, the returning
officer shall proceed to recount the votes in the ballot boxes returned to the
returning officer and in so counting shall decide upon the validity of every
ballot. (2) When
the recount is determined, the returning officer shall immediately declare to
be elected the candidate having the largest number of votes, together with, in
the case where more than one candidate is entitled to be elected, the candidate
or candidates up to the remaining number entitled to election standing next in
order on the basis of the number of votes received, and in the event of a tie
the result of the election shall be determined in the manner prescribed in
section 33. Offence 36. Every returning officer, deputy
returning officer or poll clerk who is guilty of a wilful malfeasance or a
wilful act or omission in contravention of these regulations is guilty of an
offence and liable on summary conviction to a fine of not more than $500. By-election 37. (1) Where the Lieutenant-Governor
in Council orders that there be an election of a board or a by-election of a
trustee under section 59 of the Act, the board shall call an election or
by-election at the time the minister directs. (2) A
by-election shall be held in accordance with these regulations as if it were a
general election except that if a list of electors was prepared for the
previous general election then that list of electors shall be used in the
by-election. Cost of election 38. The cost of an election or
by-election conducted by a board under these regulations shall be paid from the
funds of that board. Minister may set dates 39. Notwithstanding subsections 7(1)
and (2), 8(1) and (4), 9(1), (2) and (5), 10(1) and (2), 12(2) and (3), section
13 and subsection 34(1), the minister may, with the approval of the
Lieutenant-Governor in Council, set dates and prescribe time periods for the
purposes of these regulations. ©Earl G. Tucker, Queen's Printer |