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Statutes of Newfoundland and Labrador 2005


Statutes of Newfoundland and Labrador 2005 Chapter 12 Statutes of Newfoundland and Labrador 2005 Chapter 12

CHAPTER 12

AN ACT TO AMEND THE MUNICIPAL ELECTIONS ACT

(Assented to May 19, 2005)

Analysis

1. Ss.21.1 to 21.6 Added
21.1 Withdrawal of
nomination
21.2 Death of candidate
21.3 Notice of death or
withdrawal
21.4 Effect of death or
withdrawal - election
held
21.5 Effect of death or
withdrawal -
acclamation
21.6 Effect of death or
withdrawal - by-
election

2. S.67 R&S
67. Regulations
67.1 Campaign
contributions
67.2 Records

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


SNL2001 cM-20.2

1. The Municipal Elections Act is amended by adding immediately after section 21 the following:

Withdrawal of nomination

21.1 (1) A person who has been nominated may withdraw his or her nomination by filing with the returning officer a written withdrawal within 24 hours after the close of nominations.

(2) The name and address of a person who withdraws his or her nomination under subsection (1) shall not appear on the ballot.

(3) A person who has withdrawn his or her nomination under subsection (1) shall forfeit his or her deposit.

(4) Where a candidate withdraws his or her nomination after the close of the period for withdrawal of nominations under subsection (1) and before the close of the poll

(a) the name and address of that candidate shall be omitted from the ballot; or

(b) where the ballots have already been printed, the returning officer shall give a public notice of the withdrawal in accordance with section 21.3 and the election shall proceed as if the candidate who has withdrawn had not been nominated.

Death of candidate

21.2 (1) Where a person who has been nominated dies before the close of the period for withdrawal of nominations under subsection 21.1(1), his or her nomination is void.

(2) Where a candidate dies after close of the period for withdrawal of nominations under subsection 21.1(1) and before the close of the poll

(a) the name and address of the deceased candidate shall be omitted from the ballot; or

(b) where the ballots have already been printed, the returning officer shall give a public notice of the death in accordance with section 21.3 and the election shall proceed as if the deceased candidate had not been nominated.

Notice of death or withdrawal

21.3 For purposes of sections 21.1 and 21.2, public notice of the death or withdrawal of a candidate shall be made within 24 hours after the returning officer is made aware of the death or withdrawal, or as soon as practicable thereafter, and the notice shall be posted in every polling place affected and may be published by advertisement, placard, handbill, broadcast or otherwise as the returning officer considers will best effect the purpose intended.

Effect of death or withdrawal - election held

21.4 Where a candidate withdraws or dies after the close of the period for withdrawal of nominations under subsection 21.1(1) and before the close of the poll, and the number of candidates then remaining is greater than the number to be elected to an office

(a) an election shall be conducted;

(b) a vote cast in favour of a candidate who has died or withdrawn shall be rejected and shall not be counted; and

(c) the returning officer shall declare to be elected of those remaining candidates, the candidate having the largest number of votes, together with, in the case where more than one candidate is entitled to be elected, the candidates up to the remaining number entitled to election standing next in order on the basis of the number of votes received.

Effect of death or withdrawal -acclamation

21.5 Where a candidate withdraws or dies after the close of the period for withdrawal of nominations under subsection 21.1(1) and before the close of the poll and the number of candidates then remaining is equal to the number to be elected to an office, the returning officer shall declare those remaining candidates elected by acclamation.

Effect of death or withdrawal - by-election

21.6 Where a candidate withdraws or dies after the close of the period for withdrawal of nominations under subsection 21.1(1) and before the close of the poll and the number of candidates then remaining is fewer than the number to be elected to an office, the returning officer shall declare the remaining candidates elected by acclamation and the council shall provide for the holding of a by-election in accordance with section 11 to fill the remaining vacancies.

 

2. Section 67 of the Act is repealed and the following substituted:

Regulations

67. (1) A municipality may make regulations establishing limits upon campaign contributions to, and campaign expenditures by, all candidates.

(2) A regulation under subsection (1) shall establish procedures, time frames and forms for the reporting of campaign contributions and campaign expenses by all candidates.

(3) Where a municipality has not made a regulation under subsection (1)

(a) a candidate elected in an election shall, not more than 90 days after the election, file with the returning officer a statement in the required form and made under oath or affirmation stating the total amount of the contributions received by him or her and the amount of the contributions donated to his or her campaign by contributors that exceed $100 and the contributors of those amounts; and

(b) a candidate elected in an election who did not receive any one contribution in an amount exceeding $100 shall, not more than 90 days after the election, file with the returning officer a statement under oath or affirmation stating the total amount of the contributions received by him or her and that he or she did not receive any one contribution in an amount that exceeded $100.

Campaign contributions

67.1 (1) Contributions to candidates shall be made only by natural persons individually, or by corporations or trade unions individually.

(2) Only a candidate or his or her agent may solicit, collect or accept contributions.

(3) A contribution to a candidate that is made by a person in a calendar year, the total value of which does not exceed either $100 or, where a municipality has made a regulation under subsection 67(1), the amount prescribed by regulation, is not a contribution for purposes of this section.

(4) A contribution given to a candidate in an amount exceeding the amount prescribed in a regulation under subsection 67(1) or, where there is no regulation, $100, shall be made only

(a) by a cheque that has the name of the contributor printed legibly on it and that is signed by the contributor and drawn on an account in the contributorís name;

(b) by a money order that identifies the name of the contributor; or

(c) in the case of a contribution by an individual by the use of a credit card, if that credit card has the name of the individual contributor imprinted or embossed on that card,

and that contribution shall not be accepted unless the contribution is made in accordance with this subsection.

(5) Notwithstanding subsection (4), where money in an amount exceeding the amount prescribed by regulation under subsection 67(1) or, where there is no regulation, $100, is anonymously contributed to a candidate, that money shall not be utilized by the candidate in the election but shall be paid to the council and used to offset the costs of the election.

(6) For purposes of this section and section 67, a "contribution" means a contribution of money.

Records

67.2 A statement filed under a regulation made under subsection 67(1) or, where there is no regulation, under paragraph 67(3)(a) or (b) shall be considered to be an official record of the municipality and, upon request, shall be made available for inspection by members of the public.

 

 

 

 

 

 

 

 

 

 

 

 

 

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