|
This is an official version. Copyright © 2000: Queen's Printer, Important Information
Statutes of Newfoundland 1995 CHAPTER 21 AN ACT TO AMEND THE ELECTIONS ACT, 1991 (Assented to December 21, 1995) Analysis 1. S.3 Amdt. 2. S.18(3) Amdt. 3. S.21 Amdt. 4. S.23 Amdt. 5. S.27 Rep. 6. S.28(1) Amdt. 7. S.30(1) Amdt. 8. Ss.33 & 34 R&S 9. S.35(1) Amdt. House-to-house visits 10. S.36 R&S 11. Ss.39, 40 & 41 R&S enumeration electors 12. S.43 R&S 13. S.50(2) R&S 14. S.51 R&S 15. S.54(1) R&S 16. S.54.1 Rep. 17. S.55(3) Rep. 18. S.56 Amdt. 19. S.70 Amdt. 20. S.80(1) R&S 21. S.86 R&S 22. S.96 Amdt. 23. S.97 Amdt. 24. S.104(3) Amdt. 25. Sections repealed 26. S.115(3) Rep. 27. S.117(2)(a) Amdt. 28. S.124(1) R&S 29. S.127 R&S 30. S.138(1) Amdt. 31. S.139 Amdt. 32. S.143(1) R&S 33. S.146(1)(b) Amdt. 34. S.153(1) R&S 35. S.163(3) R&S 36. S.164(b) Rep. 37. S.171(2)(c) Rep. 38. S.178 Rep. 39. S.180 Rep. 40. S.189(3) Added 41. S.193(2) Rep. 42. S.194 R&S 43. S.199 Rep. 44. S.205 R&S 45. S.212 Amdt. 46. S.218 Amdt. 47. S.219 Amdt. 48. S.220 Amdt. 49. S.221 Amdt. 50. S.223 Amdt. 51. S.228 Amdt. 52. S.267(3) Amdt. 53. S.285(1.1) Added 54. S.295(2) Amdt. 55. S.296 Amdt. 56. S.299(a) Rep. 57. S.306 Amdt. 58. S.308(6) Amdt. 59. S.313(1) R&S 60. S.319 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: 1992 cE-3.1 as amended 1. (1) Paragraph 3(d) of the Elections Act, 1991 is amended by adding the words "revise and" immediately before the word "prepare". (2) Paragraph 3(h) of the Act is repealed. 2. Subsection 18(3) of the Act is amended by striking out the words and figure "subsection (1) of this section and". 3. (1) Subsection 21(2) of the Act is repealed and the following substituted: (2) A person is not eligible to be appointed returning officer unless he or she is qualified as an elector in the electoral district where he or she is to act. (2) Subsection 21(4) of the Act is repealed and the following substituted: (4) A person who, within 60 days before polling day (a) was in the service of a candidate; (b) is employed by a candidate or his or her scrutineer or another person on behalf of or in the interest of a candidate in or about an election, may not be appointed a deputy returning officer, special ballot officer, special ballot administrator or poll clerk at the election. 4. Section 23 of the Act is amended by striking out the words "the election" and by substituting the words "polling day". 5. Section 27 of the Act is repealed. 6. Subsection 28(1) of the Act is amended by adding the words "prepared or" immediately before the word "revised". 7. Subsection 30(1) of the Act is amended by striking out the words "revise the list of electors for" and by substituting the words "ascertain or verify the names of all qualified electors resident in". 8. Sections 33 and 34 of the Act are repealed and the following substituted: Enumerator's badge 33. Where conducting an enumeration an enumerator shall wear in a place to be easily seen the enumerator's badge provided by the Chief Electoral Officer and carry on his or her person their written appointment as evidence of the enumerator's authority to register the names of the electors residing in the polling division. Enumerator's duty 34. An enumerator shall to the best of his or her knowledge and belief, enumerate all the qualified electors resident in each polling division for which the enumerator has been appointed. 9. Subsection 35(1) of the Act is amended by adding immediately after the word "them" the words "or by other means directed by the Chief Electoral Officer". 10. Sections 36 and 37 of the Act are repealed and the following substituted: Conduct of enumeration 36. In compiling a list of electors for a polling division, the Chief Electoral Officer may adopt one manner of compiling a list for urban polling divisions and another for rural polling divisions. 11. Sections 39, 40 and 41 of the Act are repealed and the following substituted: Procedure for enumeration 39. (1) In conducting an enumeration an enumerator shall use the enumeration form, which shall be prepared in quadruplicate, supplied for that purpose by the Chief Electoral Officer. (2) An enumerator shall give one copy of the enumeration form to the elector and 3 copies to the returning officer who shall send the original and one copy to the Chief Electoral Officer. (3) From the enumeration forms returned by the returning officer the Chief Electoral Officer shall prepare a preliminary list of electors for each polling division. (4) The Chief Electoral Officer shall ensure the accuracy of the preliminary list of electors by comparing the information contained on it with the information contained on the original of the enumeration forms from which it was compiled. (5) Where there is a discrepancy between the information on a preliminary list of electors and the actual particulars of an elector the Chief Electoral Officer may make those corrections to the list that are necessary. (6) The Chief Electoral Officer shall supply the appropriate returning officer with 3 copies of the preliminary list of electors for the enumerated polling divisions in his or her electoral district. Inclusion of names in list 40. (1) Where an enumeration of the electors in an electoral district has been completed, the returning officer shall, by advertisement directed to the electors in that district, call on each elector who was not enumerated to apply, not later than the date contained in the advertisement, in writing or in person to be included in the list. (2) An enumerator who, between the date that he or she completes an enumeration of the electors in a polling division and the final revision for that polling division, receives from a person an application to be included in that list of electors for the polling division, shall, as soon as he or she receives it, forward the application to the returning officer for the polling division to which the application relates. Retention of list of electors 41. The returning officer shall retain 2 copies of the preliminary list of electors for a polling division supplied by the Chief Electoral Officer for use at the final revision. 12. Section 43 of the Act is repealed and the following substituted: Elector not enumerated 43. An elector who has not been enumerated may, personally or by another person, before the date prescribed for the final revision of the list of electors in respect of that polling division, apply in the prescribed form to the returning officer to have his or her name added to the list. 13. Subsection 50(2) of the Act is repealed and the following substituted: (2) The Chief Electoral Officer shall make the alteration or other correction directed by the order to be made in the copy in his or her possession of the revised, preliminary list of electors for the polling division. 14. Sections 51, 52 and 53 of the Act are repealed and the following substituted: Duties on close of court 51. (1) Where the final revision has been concluded, the returning officer shall record on the 2 copies of the preliminary list of electors, referred to in section 41, for a polling division all additions, deletions or other alterations made to the list during the final revision and attach at the end of each list a certificate, in the prescribed form, signed by him or her. (2) Where the requirements of subsection (1) have been complied with, the returning officer shall forward to the Chief Electoral Officer one of the copies of the revised, preliminary list of electors for a polling division with the additions, deletions or other alterations made at the court of revision and retain in his or her office the other copy of the list as required by section 42. (3) The revised, preliminary lists of electors forwarded to the Chief Electoral Officer under subsection (2) shall be kept by the Chief Electoral Officer for a period of not less than 2 years from the date they are forwarded. (4) Using the revised, preliminary list of electors forwarded by the returning officer under subsection (2) and the alterations or corrections made under subsection 50(2), the Chief Electoral Officer shall print a final revised list of electors for the polling division to which it relates. Revised list to go to RO 52. The Chief Electoral Officer shall supply a returning officer with a copy of the final, revised list of electors for each polling division in the electoral district for which the officer has been appointed. 15. Subsection 54(1) of the Act is repealed and the following substituted: Permanent list of electors 54. (1) The list of electors compiled and certified on December 3, 1994 under the former Act shall be considered to be the Permanent List of Electors for the purposes of this Act and may be used for all the purposes of this Act as if prepared under this Act. (1.1) The Chief Electoral Officer shall maintain the Permanent List of Electors in a form so that he or she can extract in written or other form a list of electors for a polling division or all polling divisions in an electoral district for publication in the form, at the time and in the manner that may be required for a general election or by-election under this Part. 16. Section 54.1 of the Act is repealed. 17. Subsection 55(3) of the Act is repealed. 18. (1) Subsection 56(1) of the Act is amended by striking out the number "27" and by substituting the number "28". (2) Subsection 56(2) of the Act is amended by striking out the words "In the public interest and at least 5 years after the last revision the Chief Electoral Officer shall" and by substituting the words "Where the Chief Electoral Officer considers it in the public interest to do so but in any event 5 years after the last revision, the Chief Electoral Officer shall". (3) Paragraph 56(2)(b) of the Act is amended by striking out the figure "27" and by substituting the figure "28". (4) Section 56 of the Act is further amended by adding immediately after subsection (2) the following: (3) Notwithstanding subsection (2), where, as a result of an amendment to the House of Assembly Act, the boundaries of an electoral district are changed or 2 or more electoral districts are amalgamated to form a new electoral district, the Chief Electoral Officer shall make those changes to the lists of electors for those electoral districts affected that are necessary in the circumstances. 19. (1) Paragraph 70(1)(c) of the Act is repealed. (2) Subsection 70(4) of the Act is repealed and the following substituted: (4) Before 2:00 p.m. on nomination day, a leader of a registered political party shall file with the Chief Electoral Officer a list containing the names of all the candidates who are endorsed by the party. (4.1) Where a candidate has the endorsement of a registered party and wishes to have the name of the party shown in the election documents relating to him or her, the name of the candidate must be included on the list filed under subsection (4) by the leader of the party which has given its endorsement to the candidate. 20. Subsection 80(1) of the Act is repealed and the following substituted: Notice of poll 80. (1) Within 2 days after the poll has been granted, the returning officer shall, in the manner directed by the Chief Electoral Officer, publicize for each polling division in his or her electoral district a notice that he or she has granted the poll. 21. Section 86 of the Act is repealed and the following substituted: Vote by special ballot 86. (1) An elector who is qualified to vote at an election and who has reason to believe that he or she will have difficulty voting at an advance poll or at the poll on polling day may apply to vote by special ballot. (2) A person who is detained in a penitentiary or jail in the province or who is in detention at the Waterford Hospital may vote only by special ballot. (3) An application to vote by special ballot may be made by those methods that are acceptable to the Chief Electoral Officer. (4) An application to vote by special ballot may be made to the Office of the Chief Electoral Officer at any time between the issue of the writ and 6:00 p.m. on a day prior to polling day to be determined by the Chief Electoral Officer. (5) An application to vote by special ballot shall contain the information that the Chief Electoral Officer may require, including (a) the name of the applicant and the address of the applicant's residence in the province; (b) proof of the applicant's identity by reference to documents of a class determined by the Chief Electoral Officer; and (c) the applicant's mailing address. (6) A person who knowingly makes a false statement in an application under this section is guilty of an offence. (7) Section 91 and subsections 92(2) and (3) shall not apply to a special ballot. Special Ballot Administrator appointed 86.1 (1) The Chief Electoral Officer shall appoint a Special Ballot Administrator. (2) The Chief Electoral Officer shall assign the duties of the Special Ballot Administrator and shall fix his or her remuneration on a scale approved by the Commission of Internal Economy of the House of Assembly. (3) The Special Ballot Administrator is responsible to the Chief Electoral Officer for his or her actions. (4) The Special Ballot Administrator shall, before taking up office, swear an oath or make an affirmation in the prescribed form. (5) Where the Special Ballot Administrator dies, becomes disqualified or incapable of acting or refuses to act, or is removed from office for another reason, the Chief Electoral Officer, shall at once appoint a substitute, who, before taking up his or her appointment, shall swear an oath or make an affirmation in the prescribed form. Additional information 86.2 The Special Ballot Administrator or his or her designate may, where an application for a special ballot does not contain all the information required by subsection 86(5), require an applicant to provide the additional information requested. Approval of application 86.3 (1) On receipt of an application under section 86, the Special Ballot Administrator or his or her designate shall (a) ensure that the applicant's name is on the list of electors for the polling division in which he or she would otherwise vote; (b) if the application is in order, issue a special ballot kit to the applicant; and (c) cross out the name of the applicant as it appears on the list, noting in the margin "special ballot issued". (2) Where an application is received from a person whose name does not appear on the electoral list for the polling division in which he or she resides, the Special Ballot Administrator or his or her designate shall, if satisfied that the person is qualified to vote, (a) add the person's name to the electoral list; (b) if the application is in order, issue a special ballot kit to the applicant; and (c) cross the person's name off the list and note in the margin "special ballot issued". (3) Once an elector's application to vote by special ballot has been accepted and a special ballot kit is issued to the elector, that elector may only vote by special ballot. Casting of vote 86.4 (1) On receipt of the special ballot kit, the elector shall mark the ballot by printing with a pen or pencil of any colour, in the space provided, the name of the candidate, or the name of the candidate and the name of the political party of the candidate, or the name of the political party of his or her choice. (2) After marking the ballot, the elector shall (a) place the marked ballot in the ballot envelope; (b) seal the ballot envelope; (c) place the sealed ballot envelope in the declaration envelope; (d) complete and sign the declaration; (e) place the sealed declaration envelope in the return envelope; and (f) seal the return envelope. (3) The return envelope, when sealed, shall be forwarded to the Office of the Chief Electoral Officer so that it reaches the office not later than 4:00 p.m. on a day prior to polling day to be determined by the Chief Electoral Officer. Appointment of representative 86.5 (1) The leaders of registered political parties having membership in the House of Assembly at the time the writ is issued shall each designate a representative, to act as scrutineer, who may be present during the verification of the declaration envelopes referred to in subsection 86.6(2) and during each stage of the procedure for the counting of the special ballots. (2) The representatives designated under subsection (1) shall swear an oath or make an affirmation in the prescribed form to keep secret the results of the voting by special ballot. (3) The Chief Electoral Officer may appoint those special ballot officers the Chief Electoral Officer considers necessary to assist the Special Ballot Administrator. (4) The special ballot officers appointed under subsection (3) shall swear an oath or make an affirmation in the prescribed form to keep secret the results of the voting by special ballot. Counting of ballots 86.6 (1) Where a return envelope is received in the Office of the Chief Electoral Officer it shall be opened by the Special Ballot Administrator or his or her designate and the declaration envelope shall be removed from the return envelope and deposited in a sealed ballot box for the respective electoral district. (2) Notwithstanding section 216, at 4:00 p.m. on the third day before polling day 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. (3) The Special Ballot Administrator or a special ballot officer shall examine the declaration envelope and determine (a) whether the name on the declaration envelope is the same as that crossed out on the list of electors under section 86.2; and (b) that the declaration has been completed and properly signed. (4) Where the Special Ballot Administrator or a special ballot officer confirms that the declaration has been properly completed and the elector has signed the declaration envelope he or she shall (a) open the declaration envelope and remove the sealed, ballot envelope; and (b) place the sealed, ballot envelope in a sealed ballot box for the appropriate electoral district, marked "Special Ballot". (5) Where the Special Ballot Administrator or a special ballot officer determines that a declaration has not been completed or the elector has failed to sign the declaration envelope, he or she shall (a) write "rejected" on the envelope and the reason for its rejection; and (b) set aside the envelope unopened. (6) Notwithstanding section 216, at 9:00 a.m. on the second day prior to polling day 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. (7) The counting of the votes shall continue without interruption until completed. (8) A ballot that (a) is not marked in favour of a candidate, or a political party, or a candidate and a political party; (b) is marked in favour of more than one candidate or more than one political party; (c) is marked in favour of a candidate and a political party which are not affiliated with each other; or (d) is marked in a way that identifies the elector, shall be rejected. (9) A ballot shall not be rejected for the sole reason that the elector has incorrectly written the name of a candidate or political party, if the ballot clearly indicates the elector's intent. Transmittal of results 86.7 After the close of polls on polling day, the Chief Electoral Officer or the Special Ballot Administrator shall communicate the results of the voting to the appropriate returning officers who shall include them in the vote totals of the candidates for whom they were cast. Names of electors 86.8 The Chief Electoral Officer or the Special Ballot Administrator shall, on request, make available to a candidate in an electoral district or his or her official agent the names and addresses of the ordinary residences of those electors in the electoral district who have applied for and been provided with a special ballot kit. Administrative procedures 86.9 The Chief Electoral Officer may establish those administrative procedures he or she considers necessary to give effect to sections 86 to 86.8. Special ballots 86.10 The provisions of Division E relating to ordinary polls shall apply, with the necessary changes, to special ballots. 22. (1) Subsection 96(1) is amended by striking out the words "election clerk" and by substituting the words "poll clerk". (2) Subsection 96(3) of the Act is amended by striking out the word and number "section 81" and by substituting the words "another provision of this Act". 23. (1) Section 97 of the Act is amended by adding immediately after subsection (1) the following: (1.1) Notwithstanding subsection (1), a deputy returning officer may permit a member of the news media to enter a polling station for the purpose of reporting on the activities taking place there on terms and conditions approved in advance by the returning officer. (2) Section 97 of the Act is further amended by adding immediately after subsection (6) the following: (7) Notwithstanding subsections (1) and (6), a scrutineer may provide another person who is working on behalf of a candidate with the names of persons who have voted at the polling station to which the scrutineer has been admitted. 24. Subsection 104(3) of the Act is amended by striking out the words "poll clerk" and by substituting the words "deputy returning officer". 25. Sections 106, 107 and 108 of the Act are repealed. 26. Subsection 115(2) of the Act is repealed. 27. Paragraph 117(2)(a) of the Act is amended by striking out the words "on a 2nd ballot" and by substituting the words "as a second elector". 28. Subsection 124(1) of the Act is repealed and the following substituted: Order for advance poll 124. (1) The Chief Electoral Officer may order that an advance poll be held in an election for the purpose of receiving the votes of persons qualified to vote at the election who have reason to believe that they will have difficulty voting on polling day in the polling division in which they are ordinarily resident. 29. Sections 127 and 128 of the Act are repealed and the following substituted: Duties of RO re: advance poll 127. The returning officer for the electoral district where an advance poll is ordered to be held shall supply the deputy returning officer with the list of electors for that electoral district together with a ballot box, ballots, poll books, forms of oaths and other documents and supplies required for the purpose of holding the advance poll. Who may vote 128. An elector who would on the ordinary polling day be qualified under this Part to vote in a polling division in an electoral district may vote at an advance poll held in that electoral district. 30. Subsection 138(1) of the Act is amended by (a) adding the word "and" immediately after paragraph (e); (b) striking out the semi-colon and the word "and" at the end of paragraph (f) and by substituting a period; and (c) repealing paragraph (g). 31. (1) Paragraph 139(1)(b) of the Act is repealed and the following substituted: (b) that have not been marked for a candidate; (2) Subsection 139(2) of the Act is amended by striking out the period at the end of paragraph (c), substituting a semi-colon and the word "and" and adding immediately afterward the following: (d) it has been marked in accordance with subsection 86.4(1). 32. (1) Subsection 143(1) of the Act is repealed and the following substituted: Procedure after vote counting 143. (1) All the ballots not rejected by the deputy returning officer shall be counted and a record kept of the number of votes cast for each candidate and of the number of rejected ballots. (2) Subsection 143(4) of the Act is repealed. 33. Paragraph 146(1)(b) of the Act is amended by (a) adding the word "and" at the end of subparagraph (iii); and (b) repealing subparagraph (iv). 34. Subsection 153(1) of the Act is repealed and the following substituted: 153. (1) On the third day after polling day, unless prevented by inclement weather and in that case on the next day when the weather permits, the returning officer, at the place, date and hour fixed for the official addition of the polls, and in the presence of the election clerk and of the candidates or their scrutineer, shall open the ballot boxes, and, from the official statements of the poll contained in them, together with the statements of the results of the voting by special ballot communicated under section 86.7, shall add together the number of votes given for each candidate. 35. (1) Paragraph 163(1)(c) of the Act is amended by striking out the words and quotation marks "the number of ballots marked "declined" ". (2) Subsection 163(2) of the Act is amended by striking out the words and quotation marks "marked "declined" ". (3) Subsection 163(3) of the Act is repealed and the following substituted: (3) The Chief Electoral Officer shall (a) on receiving the return of a member elected to serve in the House of Assembly, enter it, in alphabetical order in a book to be kept for that purpose; and (b) give notice, when the Chief Electoral Officer considers it appropriate to do so, in an ordinary or special edition of the Gazette of the names of the candidates elected. 36. Paragraph 164(b) of the Act is repealed. 37. Paragraph 171(2)(c) of the Act is repealed. 38. Section 178 of the Act is repealed. 39. Section 180 of the Act is repealed. 40. Section 189 of the Act is amended by adding immediately after subsection (2) the following: (3) There shall be at least 100 meters between a candidate's campaign office and a building within which a polling station is located on polling day except where, in the opinion of the returning officer, there is no other conveniently located and appropriate premises available for the location of the polling station. 41. Subsection 193(2) of the Act is repealed. 42. Section 194 of the Act is repealed and the following substituted: Illegal voting 194. A person is guilty of an offence who, at an election, votes or attempts to vote knowing he or she is disqualified from voting or not qualified to vote at that election. 43. Section 199 of the Act is repealed. 44. Section 205 of the Act is repealed and the following substituted: Inducing person to vote 205. A person is guilty of an offence who induces or procures another person to vote at an election, knowing that the other person is not qualified to vote or disqualified from voting at the election. 45. Section 212 of the Act is amended by striking out the words "may by regulation prescribe" and by substituting the words "may fix". 46. Section 218 of the Act is amended by adding after the word "plebiscite" where it twice occurs without reference to "referendum" the words "or referendum". 47. Section 219 of the Act is amended by adding immediately after the word "plebiscite" wherever it occurs the words "or referendum". 48. Section 220 of the Act is amended by adding immediately after the word "plebiscite" where it twice occurs the words "or referendum". 49. Section 221 of the Act is amended by adding immediately after the word "plebiscite" where it twice occurs the words "or referendum". 50. (1) Subsection 223(1) of the Act is amended by striking out the words "The Lieutenant-Governor in Council" and by substituting the words "The Chief Electoral Officer". (2) Subsection 223(2) of the Act is repealed and the following substituted: (2) The Chief Electoral Officer may establish forms for use under this Act. 51. Section 228 of the Act is amended by renumbering it as subsection (1) and by adding immediately after subsection (1) the following: (2) An application that complains that an election in an electoral district is invalid because a vote has not been conducted in a polling division in the district is not an election application for the purposes of this Part provided the Chief Electoral Officer has made every reasonable effort to have the vote taken. 52. Subsection 267(3) of the Act is amended by adding the word "or" at the end of paragraph (a) and by repealing paragraph (b). 53. Section 285 of the Act is amended by adding immediately after subsection (1) the following: (1.1) Contributions may be made by natural persons, whether or not they are resident in the province, corporations whether or not they carry on business in the province or trade unions whether or not they hold bargaining rights for employees in the province. 54. Subsection 295(2) of the Act is amended by striking out where it twice occurs the word "occupation" and by substituting the word "corporation". 55. Section 296 of the Act is amended by striking out the figure "303" and by substituting the figure "295". 56. Paragraph 299(a) of the Act is repealed. 57. (1) Paragraph 306(1)(b) of the Act is amended by striking out the words "or through the use of outdoor advertising facilities". (2) Subsection 306(2) of the Act is amended by adding immediately after paragraph (a) the following: (a.1) to advertising through the use of outdoor advertising facilities; 58. Subsection 308(6) of the Act is amended by striking out the words "accounting principles" and by substituting the words "auditing standards". 59. Subsection 313(1) of the Act is repealed and the following substituted: Candidates' expenses 313. (1) The reasonable personal expenses incurred by a candidate or a candidate's spouse, including expenses for his, her or their own food, lodging and transportation during a journey for election purposes, whether or not those expenses are paid by the candidate personally, do not constitute election expenses for the purposes of this Part. 60. Section 319 of the Act is amended by striking out the word "prescribes" and by substituting the word "establishes". ©Earl G. Tucker, Queen's Printer |