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St. John's, Newfoundland, Canada

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Statutes of Newfoundland 1993


CHAPTER 21

CHAPTER 21

AN ACT TO AMEND THE ST. JOHN'S MUNICIPAL ELECTIONS ACT

(Assented to June 18, 1993)

Analysis

1. S.5 R&S
Candidates qualifications

2. S.13 Amdt.
Qualifications of elector

3. S.16 Amdt.
Duties of enumerator

4. S.25 Amdt.
Form of nomination

5. S.33 R&S
Administration of advance poll

6. S.34 R&S
Elector at advance poll

7. S.35 R&S
Electors recorded

8. S.39 Amdt.
Number of votes

9. S.43 R&S
Municipalities Act applies

10. Schedule Amdt.

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


RSN 1990 cS-5 as amended

1. Section 5 of the St. John's Municipal Elections Act is repealed and the following substituted:

Candidates qualifications

5. A person is qualified to be nominated for the office of mayor or councillor who is

(a) eligible to vote in an election held under this Act;

(b) not in arrears in taxes payable to the city for a prior year; and

(c) ordinarily resident in the city for a period of 6 months prior to nomination day or in an area that, on election day, is part of the city.

2. (1) Subsection 13(1) is amended by inserting the phrase "or in an area that, on election day, is part of the city" immediately after the phrase "in the city".

(2) Subsection 13(2) is repealed and subsection 13(3) is renumbered as subsection 13(2).

3. Subsection 16(1) of the Act is repealed and the following substituted:

Duties of enumerator

16. (1) An enumerator shall visit each place of residence in the area assigned to him or her and may record the name and address of each person living in that area

(a) who is a Canadian citizen 18 years of age or over; and

(b) who is ordinarily resident in the city.

4. (1) Subsection 25(1) of the Act is repealed and the following substituted:

Form of nomination

25. (1) A nomination for a candidate for an elective office shall be in Form D of the Schedule and shall be

(a) in writing, signed by at least 2 electors;

(b) accompanied by

(i) a written acceptance signed by the person nominated stating the name and residence of the nominee, and

(ii) a declaration of qualification in Form B of the Schedule; and

(c) shall be accompanied by a deposit of $50 either in cash or by certified cheque payable to the council.

(2) Subsection 25(2) of the Act is amended by deleting the phrase "with paragraph (1)(iv)" and substituting the phrase "with paragraph (1)(c)".

5. Section 33 of the Act is repealed and the following substituted:

Administration of advance poll

33. (1) The advance poll shall be conducted in the same manner as is provided for the conduct of other polls in an election except that upon the ballot box being sealed at the opening of the 1st day of the advance poll, it shall remain sealed until opened for the counting of ballots after the close of the polls on polling day.

(2) A ballot box that is used in the conduct of an advance poll shall not be used on polling day.

6. Section 34 of the Act is repealed and the following substituted:

Elector at advance poll

34. A voter who is otherwise eligible to vote and who is

(a) a physically disabled person;

(b) an election official; or

(c) a person who has reason to believe that he or she will be absent from the city on polling day,

may vote at an advance poll.

7. Section 35 of the Act is repealed and the following substituted:

Electors recorded

35. At an advance poll, the poll clerk shall record in the poll book the names of the voters who vote at the advance poll and the polling divisions in which the voters live.

8. Section 39 of the Act is amended by renumbering it as subsection (1) and adding the following immediately after subsection (1):

(2) Notwithstanding subsection (1), where an election official is assigned to a polling division other than that for which his or her name is entered on the list of electors, that election official may only vote in the polling division to which he or she has been assigned or at an advance poll or by proxy.

(3) Notwithstanding subsections (1) and (2), where an election official is assigned to a polling division in a ward other than the ward in which he or she ordinarily lives on election day, that election official may only vote at an advance poll or by proxy.

9. Section 43 of the Act is repealed and the following substituted:

Municipalities Act applies

43. Section 542 and sections 552.1 to 633 of Part V of the Municipalities Act apply, with the necessary changes, to elections held under this Act.

10. (1) Form B of the Schedule to the Act is repealed and the following substituted:

FORM B

Declaration of Qualification of Candidate

I, ______________________, a candidate for the office of _________________________ in the City of St. John's declare that

1. I am a Canadian citizen of at least 18 years of age.

2. I have been ordinarily resident in the city for at least 6 months immediately preceding nomination day.

3. I am not indebted to council for arrears of taxes for a period before January 1 in this year in which the election is required.

AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same effect as if made under oath or affirmation and by virtue of the Canada Evidence Act.

DECLARED before me at )
)
this day of 19 )
)


..................................................... .............................................
Returning officer Candidate

 

(2) The Schedule to the Act is further amended by adding the following immediately after Form C:

FORM D

Nomination Form

We, A.B. and B.C., being eligible to vote in the City of St. John's, nominate:

D.E. of ___________________ as a candidate for the elective office of ____________________ (mayor/at large/ward ).


......................................................
Proposer's signature


......................................................
Seconder's signature


I, D.E., accept this nomination.


......................................................
Candidate's signature


DECLARED before me at )
)
this day of 19 )
)

........................................................
Returning officer

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