and for the purpose of this section,

(2) Where an order is made under subsection (1), or where it appears necessary or desirable to take lists of electors in all or in any of the electoral districts of the province, the Lieutenant-Governor in Council shall

(2) Where he or she considers it desirable to do so, the Lieutenant-Governor in Council may designate as urban polling divisions the polling divisions situated in a city or town or group of contiguous villages having a population of more than 5,000, and all polling divisions not so designated are rural polling divisions.

(2) When appointing an enumerator a revising justice shall make the appointment in accordance with Form No. 1 of the Schedule, and a person appointed an enumerator shall take the oath or affirmation as in Form No. 2 of the Schedule before proceeding to prepare a list of electors.

(3) A person may be appointed an enumerator for a number of polling divisions that the revising justice may consider advisable but in no case may more than 3 polling divisions be assigned to 1 enumerator.

(4) A revising justice shall make out and keep a list containing the name and address of each enumerator appointed by him or her and a description of each polling division for which the enumerator was appointed, and when he or she has completed the list he or she shall send a certified copy to the compiling officer.

(5) A revising justice may in his or her discretion remove, suspend, reappoint or reinstate an enumerator for a polling division or appoint another in his or her place or to act in his or her place, and an enumerator so replaced shall on request in writing signed by the revising justice, deliver to the new enumerator a badge, list of electors, and other papers or information which he or she has obtained or prepared for the purpose of the performance of his or her duties.

(6) When making the house to house visitation, under subsection 10(2), an enumerator shall wear in a place to be easily seen the enumerator's badge provided by the chief electoral officer as evidence of his or her authority to register the names of the electors residing in the polling division.

(7) An enumerator who wears a badge referred to in subsection (6) other than when preparing the list of enumerators and a person who is not an enumerator who wears that badge or another badge purporting to be an enumerator's badge is guilty of an offence.

(2) The enumerators shall ascertain the names of the electors referred to in subsection (1) by making a house to house visitation and by reference to any other source of information available to them.

(3) In urban polling divisions where dwelling houses are designated by numbers the lists referred to in subsection (1) shall be prepared geographically as in Form No. 4 of the Schedule, and in all other urban polling divisions the lists shall be prepared alphabetically as in Form No. 5 of the Schedule.

(4) In rural polling divisions the lists referred to in subsection (1) shall be prepared alphabetically as in Form No. 5 of the Schedule.

(5) A list of electors for a polling division shall be taken within a period that the revising justice may prescribe, but the revising justice may in his or her discretion extend the period prescribed by him or her for a polling division.

(2) An enumerator shall post up a certified copy of the list referred to in subsection (1) at each of 2 conspicuous places in that polling division, and he or she shall deliver personally or send by registered mail to the revising justice the list of electors and 4 certified copies of the list of electors.

(3) When posting up the copies of the list of electors referred to in subsection (1) the enumerator shall post up with each copy a notice as in Form No. 7 of the Schedule calling on every elector in the polling division where the notice is posted who was not included in the list to deliver to that enumerator not later than a date mentioned in the notice, which shall be the date of the opening of the court of revision for that polling division, a written application to be included in the list, setting out the grounds on which he or she should be so included and signed by the elector.

(4) An enumerator who, between the date that he or she completes the preparation of a list of electors for a polling division and the close of the regular sittings of the court of revision for that polling division, receives from a person an application to be included in that list of electors shall as soon as he or she receives it forward the application by registered mail or deliver it personally to the revising justice for the polling division to which the application relates.

(2) Where a revising justice makes a correction on a copy of a list of electors under subsection (1) he or she shall add his or her initials opposite the correction.

(3) Where the copies of a list of electors have been verified and certified in accordance with this section the revising justice shall file 1 copy at the office of the Provincial Court judge exercising jurisdiction in the territory assigned to the revising justice.

(4) The revising justice shall retain the remaining 3 copies of the lists of electors for use in accordance with this Act.

(5) Every copy of a list of electors filed at the office of a Provincial Court judge under this section shall be kept at that office for a period not less than 12 months after the close of the court of revision referred to in this Act.

(6) The revising justice shall retain every original list of electors delivered or forwarded to him or her under section 15 for use at the court of revision to be held in accordance with this Act.

(2) A person who makes an objection under subsection (1) may by himself or herself or someone acting on his or her behalf appear before a regular sitting of the court of revision held for the polling division concerned and there offer for the consideration of the court of revision evidence that is available in support of his or her objection.

(3) A notice required to be given under subsection (1) may be served by sending it by registered mail addressed to the person to be notified.

(2) A court of revision may be held at 1 place for a number of polling divisions.

(2) The revising justice shall post up a copy of the notice referred to in subsection (1) at each of 2 conspicuous places located in every polling division for which he or she was appointed, and the copies of the notice shall be posted up in a polling division at least 2 days before the court of revision is opened in the place determined under section 23 for that polling division.

(2) A court of revision shall be open to the public.

(3) Where a revising justice is unable to sit as a court of revision on the day or during the hours set for the sittings of the court of revision at a place he or she shall proceed to open the sittings at that place as soon as possible.

(2) Where the original lists of electors forwarded to a revising justice by an enumerator have been lost or so damaged as to be illegible, the revising justice may obtain and use in place of the original list the certified copy filed at the office of a Provincial Court judge under this Act.

(2) A revising justice holding a court of revision has all of the powers conferred on a commissioner by section 3 of the Public Inquiries Act which are not included in subsection (1).

and where it is proved to the satisfaction of the revising justice that the name of a person entitled to have his or her name inserted in the list has been omitted he or she shall add that name to the list, and where the revising justice is satisfied that a person whose name appears on the list and to whose name an objection has been made in accordance with this Act is not entitled to have his or her name retained on the list, the revising justice shall strike off the name of that person.

(2) Where an objection is made in accordance with this Act to the name of a person appearing on a list of electors the onus of establishing his or her right to be included in the list shall be on the person to whose name the objection was made.

(3) A revising justice may in his or her discretion extend the period for the holding of the sittings of a court of revision.

(2) Where a person wishes to appeal under subsection (1) he or she shall within 7 days after the decision of the court of revision give notice of his or her appeal to the revising justice.

(3) Where notice of appeal is given under subsection (2) the appeal shall be heard by a Provincial Court judge, designated by the Attorney General, who did not act as a revising justice at the court of revision from which the appeal is taken.

(4) A Provincial Court judge hearing an appeal under this section has all of the powers of a court of revision and he or she may try and settle the matter of the appeal as if in all respects he or she was sitting as a court of revision in the first instance.

(2) Where the requirements of subsection (1) have been compiled with, the revising justice shall by registered mail, forward to the compiling officer each original list of electors referred to in paragraph (1)(a) together with 1 of the certified copies of each list referred to in paragraph (1)(b), and he or she shall file the remaining certified copy of each list referred to in paragraph (1)(b) at the office of the Provincial Court judge exercising jurisdiction in the territory assigned to the revising justice.

(3) All copies of lists of electors filed at the office of a Provincial Court judge under subsection (2) shall be kept at that office for a period of not less than 2 years after they are so filed.

(2) There shall be endorsed, at the end of the printed list of electors for each electoral district, the name and address of the printer and a certificate by the compiling officer certifying that the printed lists are true copies of the original lists prepared and revised in accordance with this Act and setting out the date on which the printing of all of the lists ordered to be taken under section 6 was completed.

(3) Where the original lists forwarded to a compiling officer by a revising justice under this Act has been lost or damaged as to be illegible, the compiling officer may obtain and use in place of the original list the certified copy filed at the office of the Provincial Court judge under this Act.

(4) The compiling officer may authorize a revising justice to arrange for the compiling and printing of the lists of electors for an electoral district, under the direction of the compiling officer, and a revising justice so authorized shall have and may exercise the powers and shall perform the duties relating to the compilation and printing of the lists which are conferred or imposed on the compiling officer by this Act.

(5) When the compiling officer has caused the lists of electors ordered to be taken under section 6 to be prepared, revised, compiled and printed and when he or she has certified them in accordance with this Act, he or she shall deliver the lists to the minister.

(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may, when he or she considers it desirable to do so, order that the official lists of electors last prepared, revised and compiled under this Act may be used at an election held on a date occurring within the period of 5 years immediately following the date on which the printing of the lists for the province was completed, and when an order is made under this subsection the lists shall be used at the election to which the order relates.

(3) The chief electoral officer shall on nomination day or as soon as possible after nomination day, provide to every candidate a copy of the official lists of electors for the electoral district in which that candidate has been nominated.

(2) The day of polling referred to in paragraph (1)(a) shall be a day not less than 21 clear days after the date on which the proclamation mentioned in that subsection is issued, and the day of nomination referred to in that paragraph shall be on the 10th day before the day of polling.

(3) At every general election the same day shall be fixed as the day of polling in each electoral district in which the election is to be held.

(2) The Public Service Pensions Act shall apply to a chief electoral officer appointed under subsection (1), and pensionable service done by him or her as a public employee immediately before he or she was appointed chief electoral officer shall be counted for the purpose of his or her pension.

(3) Where, before, after or during an election the chief electoral officer is because reason of absence, incapacity or other cause unable to act, the Lieutenant-Governor in Council may appoint a person to act in his or her place in a temporary capacity and subject to the terms of his or her appointment a person appointed under this subsection shall have and may exercise all of the powers and shall discharge all of the duties of the chief electoral officer.

(4) The chief electoral officer and every person appointed under this section to act instead of the chief electoral officer shall before entering upon his or her duties take the oath of allegiance and the official oath in the form and in the manner prescribed by the Oaths of Office Act.

(5) The same person appointed chief electoral officer or appointed to act in a temporary capacity instead of the chief electoral officer under this section may also be appointed compiling officer under section 6.

(6) Subsection 114(1) shall not apply to a person appointed chief electoral officer or appointed to act in a temporary capacity instead of a chief electoral officer, under this section.

and he or she shall have and may exercise all of the powers conferred on a chief electoral officer under this Act.

(2) A returning officer shall, before acting as returning officer and as soon as practicable after he or she receives the writ of election or is notified by telegraph that the writ has been issued, take and sign an oath or affirmation as in Form No. 15 of the Schedule and send it to the chief electoral officer and shall promptly take those steps as directed by this Act that are necessary for the regular holding of the election.

(2) Where the election clerk fails to perform the duties of his or her office to the satisfaction of the returning officer, the returning officer may dismiss the election clerk.

(3) The election clerk shall assist the returning officer in the performance of his or her duties, and where the returning officer dies, or refuses to act, or is disqualified or unable to perform his or her duties, the election clerk shall, until the appointment of a new returning officer, or until the returning officer becomes able to act, perform the duties of the returning officer, and an act done by the election clerk under the authority of this section shall have the same effect as if it had been done by the returning officer.

(4) An election clerk who is required to act as returning officer at an election in place of the returning officer by whom he or she was appointed shall himself or herself in his or her turn appoint an election clerk.

is qualified to be nominated as a candidate at an election, whether or not he or she is so qualified as an elector in the electoral district where he or she is nominated.

and by producing and filing the nomination paper with the returning officer between the date of the proclamation issued under section 35 and the close of nominations.

(2) Each candidate shall be nominated by a separate nomination paper.

(3) The returning officer shall require proof by affidavit as in Form No. 21 of the Schedule that

(4) A nomination paper shall not be valid or acted upon by the returning officer, unless it is accompanied by

(5) The returning officer shall not accept a deposit until all the other steps necessary to complete the nomination of the candidate have been taken, and upon his or her accepting a deposit he or she shall give to the person by whom it is paid a receipt which shall be conclusive evidence that the candidate has been officially nominated.

(2) Where a candidate is elected or receives a number of votes not less than 1/2 the number of votes polled for an elected candidate, the Comptroller General of Finance shall return to the candidate the sum deposited by him or her under section 46.

(3) Where a candidate dies during the period between his or her nomination and the closing of the poll the sum deposited by him or her under section 46 shall be paid to his or her personal representative.

(2) At the close of the time for nominating candidates the returning officer shall deliver to each candidate or his or her agent who applies for it, a certified list of the names of the candidates who have been nominated.

(3) Votes given at the election for a person other than a nominated candidate shall be void.

(2) The deposit of a candidate who withdraws under subsection (1) shall be forfeited.

(3) Where a candidate withdraws under this section and there remains but 1 candidate, or no more than the number to be elected, the returning officer shall return as elected the candidates so remaining, without waiting for the day fixed for holding the poll.

(4) Where a candidate withdraws under this section after the notice of the granting of the poll has been printed, the returning officer shall advise each deputy returning officer in his or her electoral district of the withdrawal.

(5) On polling day each deputy returning officer shall prepare and post in a conspicuous place in his or her polling station a notice of every withdrawal made under this section and when delivering a ballot paper to each elector shall inform him or her of the withdrawal.

(6) A person who, before or during an election, for the purpose of procuring the election of a candidate, knowingly publishes a false statement of the withdrawal of another candidate at the election is guilty of an offence.

(2) The returning officer shall post a public notice as in Form No. 17 of the Schedule at the places referred to in section 42 fixing a day for the nomination of candidates and a day for the holding of the poll.

(3) The day fixed for nomination shall be not more than 30 days and not less than 20 days after the death of the candidate.

(4) Where notice of the poll is cancelled under subsection (1) and a candidate withdraws before the day fixed under that subsection for nominations, the Comptroller General of Finance shall return to that candidate the sum deposited by him or her under section 46.

(2) The returning officer shall designate for each polling division suitable polling stations having regard to the convenience of the voters in a polling division.

(3) The entrances and facilities of each polling station in a polling division shall be accessible to voters in the polling division who are physically disabled.

(4) Each polling station shall contain 1 or more voting compartments so arranged that each elector shall be screened from observation and may without interference or interruption mark his or her ballot.

(5) In each voting compartment there shall be provided for the use of electors in marking their ballot papers a table or desk with a hard smooth surface and a suitable black lead pencil.

(6) The poll shall be opened at 8:00 a.m. and kept open until 8:00 p.m. of the same day, and each deputy returning officer shall during that time in the polling station for which he or she has been appointed receive in the manner prescribed the votes of the electors qualified to vote at the polling station.

(7) The returning officer may with the prior permission and shall upon the direction of the chief electoral officer establish in a city or town, central polling places where the polling stations of all or any of the polling divisions of the city or town may be located, and upon the establishment of the central polling places the provisions of this Act shall apply as if every polling station at the central polling places was situated within the polling division of the electoral district to which it belongs.

(8) Where the number of names on the official list of electors for a polling division exceeds 275 or where he or she considers it desirable, the returning officer may provide 2 or more polling stations for the polling division so as to allow as nearly as possible an equal number of electors to vote at each polling station.

(9) The returning officer may before polling day, where he or she considers it necessary or desirable, change the location of polling stations previously established by him or her or establish additional polling stations, and where the location of a polling station is changed or an additional polling station is established, the returning officer shall, where the circumstances permit, post a notice of it as soon as possible at a conspicuous place in the polling division concerned.

(10) Where the returning officer establishes more than 1 polling station in a polling division

(11) To each portion of the official list of electors, divided under this section, the returning official shall attach a special certificate signed by himself or herself, in the form prescribed by the chief electoral officer, attesting to its correctness before sending it to the deputy returning officer for a polling station at which it is to be used for the taking of the votes on polling day.

(2) The deputy returning officer for a special polling station referred to in paragraph (1)(a) or (b) shall, carry out the same duties and procedures that he or she would if he or she were appointed for a polling station established under section 55.

(3) Every special polling station established under subsection (1) shall be under the control and supervision of the chief electoral officer who shall appoint all election officers required for that polling station, and the chief electoral officer may, for the purpose of exercising control and supervision, command the services of the returning officer for the electoral district where the polling station is established.

(4) The chief electoral officer shall provide the deputy returning officer in charge of a special polling station established under paragraph (1)(a) with a copy of the official lists of electors for the electoral districts for which the special polling station was established, and, shall perform all other duties which the returning officer for that electoral district would be required by this Act to perform if the polling station were established.

(5) The chief electoral officer may appoint the same deputy returning officer for a number of special polling stations established in a place under this section.

(6) A special polling station established under subsection (1) shall be kept open during the same hours and, be operated in the same manner as if it were a polling station established under section 55.

(7) For every special polling station established under paragraph (1)(a) the official statement of the poll shall not be enclosed in the ballot box but shall be forwarded by registered mail to the chief electoral officer, and the ballot box with all remaining forms and supplies shall be forwarded separately to the chief electoral officer by the returning officer for the district in which the special poll was established under this section and in the manner directed by the chief electoral officer.

(2) Where the taking of the poll is adjourned or deferred under subsection (1), the returning officer shall, where the circumstances permit, post a notice as soon as possible at a conspicuous place in the polling division concerned.

(3) Where a returning officer has directed the taking of a poll to be adjourned or deferred under subsection (1), the taking of the poll shall be completed or the poll shall be taken on the days to which the taking of the poll has been adjourned or deferred, and, an adjourned or deferred poll shall be conducted in all respects in the same manner as is provided by this Act for the holding of the poll on the ordinary day of polling and shall be considered to be of the same effect as if it were held on the ordinary day of polling.

(2) A deputy returning officer shall before acting as deputy returning officer, take and sign an oath or affirmation as in Form No. 26 of the Schedule which shall be forwarded immediately to the returning officer.

(3) The returning officer shall keep a list of the names and addresses of the deputy returning officers showing the polling station for which each has been appointed, and shall permit free access to and give full opportunity for inspection of the list by a candidate, agent or elector up to the opening of the poll.

(4) A deputy returning officer shall immediately after his or her appointment, appoint in writing as in Form No. 27 of the Schedule, a poll clerk, who before acting shall take and sign an oath or affirmation as in Form No. 28 of the Schedule, and the form of appointment and oath of office shall be printed in the poll book.

(2) Where the poll clerk acts as deputy returning officer, he or she shall in writing as in Form No. 29 of the Schedule, which shall be printed in the poll book, in his or her turn appoint another poll clerk, who shall take and sign the oath or affirmation as in Form No. 28 of the Schedule.

(2) A person shall not be appointed returning officer, unless he or she is qualified as an elector in an electoral district in the province.

(3) Except with the approval of the chief electoral officer, a person shall not be appointed deputy returning officer, election clerk or poll clerk, who is not qualified as an elector in the electoral district where he or she is to act.

(4) A person who within 30 days before an election

shall not be appointed deputy returning officer, election clerk or poll clerk at that election.

(2) A ballot box shall be made of some durable material with a slit or narrow opening in the top, shall be provided with a sealing plate, permanently attached, to which the special metal seals prescribed by the chief electoral officer may be affixed, and shall be so constructed that the ballot papers can be introduced and cannot be withdrawn unless the ballot box is unsealed and opened.

(3) Where the returning officer fails to provide a ballot box to the deputy returning officer for a polling station, within the time prescribed by this Act, the deputy returning officer shall otherwise obtain one.

(4) The property in ballot boxes, ballot papers, poll books and other documents obtained for or used at an election shall be in the Crown.

(2) The ballot of each elector shall be a printed paper, in this Act called a ballot paper, on which the names, addresses and occupations of the candidates for the electoral district alphabetically arranged in the order of their surnames, or in the case of 2 or more candidates with the same surname alphabetically in the order of their other names, shall be printed exactly as names, addresses and occupations are set out in the nomination papers, except that the surname of a candidate shall appear first, followed by a comma and the remaining particulars of the candidate's name.

(3) Each ballot paper shall have a counterfoil and a stub, and there shall be a line of perforations between the ballot paper and the counterfoil and between the counterfoil and the stub, and the ballot paper shall be as in Form No. 30 of the Schedule.

(4) The ballot papers shall be printed upon sheets of ballot paper, and the ballot paper shall be of a weight of not less than a basis of 25.4016 kilograms for every 1,000 sheets of 43.18 centimetres by 55.88 centimetres in size.

(5) The ballot papers shall be numbered on the back of the stub and of the counterfoil, the same number being printed on the stub as on the counterfoil, and the ballot papers shall be bound or stitched in books containing 25, 50 or 100, as may be most suitable for supplying the polling stations according to the number of electors in each.

(6) The ballot papers shall bear on the back the name and address of the printer and the printer shall, upon delivering the ballot papers to the chief electoral officer or the returning officer, deliver an affidavit as in Form No. 31 of the Schedule, setting out the description of the ballot papers so printed by him or her, the number of ballot papers delivered, and the fact that no other ballot papers for that electoral district have been supplied by him or her to another person.

(7) The chief electoral officer shall provide to the returning officer of each electoral district a sufficient number of ballot papers for the purpose of an election to be held in that electoral district, but where the chief electoral officer considers it desirable he or she may direct that the returning officer for an electoral district shall arrange for the printing of the ballot papers to be used in that electoral district, and where he or she so directs he or she shall provide to the returning officer a sufficient quantity of sheets of ballot paper.

is guilty of an indictable offence and liable, where he or she is a returning officer, election clerk, deputy returning officer, poll clerk, or other officer engaged in the election, to imprisonment without the alternative of a fine for a term not exceeding 3 years and not less than 6 months, and where he or she is another person, to imprisonment for a term not exceeding 1 year and not less than 3 months.

(2) A provision of the Summary Proceedings Act or of the Criminal Code authorizing a court to impose a fine instead of imprisonment shall not apply to this section.

(2) Until the opening of the poll the deputy returning officer shall keep

(2) As soon as an agent is admitted to the polling station he or she shall deliver his or her written appointment to the deputy returning officer.

(3) Each of the agents of the candidates on being admitted to the polling station shall take an oath or affirmation as in Form No. 33 of the Schedule which shall be printed in the poll book to keep secret the name of the candidate for whom any of the electors has marked his or her ballot paper in his or her presence.

(4) A person who produces to the returning officer or deputy returning officer a written authority from a candidate to represent him or her at the election or at a proceeding of the election, shall be considered an agent of the candidate.

(5) A deputy returning officer, poll clerk, or agent, entitled to vote at an election, shall have the right to vote at the polling station where he or she is actually engaged during polling day, instead of at the station where he or she would otherwise have been entitled to vote.

(2) A candidate may himself or herself undertake the duties which his or her agent, where appointed, might have undertaken, or may assist his or her agent in the performance of his or her duties, and may be present at a place at which his or her agent may be authorized to attend.

(3) Where in this Act an act or thing is required to be done in the presence of the agent of a candidate the absence of that person shall not invalidate the act or thing so done where it is otherwise done in accordance with this Act.

(2) At the hour fixed for opening the poll the deputy returning officer shall, in full view of the candidates or their agents, open the ballot box and ascertain that there are no ballot papers or other papers or material enclosed, and the ballot box shall then be sealed in a manner to prevent its being opened without breaking the seal, and the box shall then be placed on a table in full view of all present and shall be maintained there until the close of the poll.

(3) Immediately after the ballot box is locked and sealed, the deputy returning officer shall call upon the electors to vote.

(4) The deputy returning officer shall arrange for the admittance of electors into the polling station and shall see that electors are not impeded or molested.

(5) The deputy returning officer may, where he or she considers it advisable, direct that no more than 1 elector for each voting compartment shall enter the polling station, and each elector upon so entering shall declare his or her name, address and occupation, and the poll clerk shall then ascertain whether the person applying to vote is qualified to vote at the polling station.

(6) Where it has been ascertained that the applicant elector is qualified to vote at the polling station, his or her name, address and occupation shall be entered in the poll book to be kept by the poll clerk, as in Form No. 34 of the Schedule, a consecutive number being prefixed to the elector's name in the appropriate column of the poll book, and the elector shall be immediately allowed to vote, unless an election officer or an agent of a candidate present at the polling station wishes that he or she be first sworn or affirmed.

(2) A person who is qualified to vote in the electoral district in which an election is pending, and is on polling day resident in a polling division may, notwithstanding that his or her name does not appear on the official list of electors for the polling division, vote at the appropriate polling station established in that polling division, where he or she takes and subscribes before the deputy returning officer the oath or affirmation as in Form No. 35 or Form No. 36 of the Schedule.

(3) The deputy returning official shall file in the manner prescribed by the chief electoral officer every oath or affirmation taken under subsection (2), and the oaths or affirmations so taken and filed shall constitute the supplementary list of electors for the polling station concerned.

(4) For the purpose of this section, the question whether a person is resident in the province, or in an electoral district or in a polling division shall be determined in accordance with the rules prescribed in sections 12 and 13.

(5) Where a person is registered and in attendance at a recognized educational institution, his or her place of residence is

(6) A person has a place of residence in an electoral district and a polling division in which he or she is temporarily living while temporarily employed in his or her ordinary gainful occupation where he or she is living there 30 days before the date of the issue of the writ ordering an election in that electoral district and has lived there continuously from the 30th day before the issue of the writ to and including polling day, but he or she may lose that place of residence where he or she moves from the place of residence before polling day, in which event the rules set out in section 12 shall be applied.

(7) A minister, a priest or ecclesiastic of a religious faith or denomination stationed in an electoral district in charge of or permanently attached to an established place of worship or recognized mission of his or her church, and a person employed as a teacher in a school in an electoral district under a contract with a school board and stationed in that district has, where but for this paragraph his or her place of residence would be in a different electoral district or a different polling division, where he or she so elects, a place of residence in that electoral district and in a polling division, but otherwise he or she has a place of residence determined according to the rules set out in section 12.

(8) Where a person is resident in an electoral district or a polling division who acquired his or her residence there by virtue of subsection (6) or (7), the spouse or dependant of that person who is living with him or her on polling day has the same place of residence as the person, but otherwise the place of residence of that spouse or dependant shall be determined under the rules set out in section 12 without reference to the residence of that person.

(9) A person who is a patient in a sanatorium, a home for the aged, a chronic hospital, or similar institution for the care and treatment of tuberculosis or other chronic diseases has, where but for this paragraph his or her place of voting would be in a different electoral district or a different polling division, where he or she so elects, a right to vote in the electoral district and in the polling division in which the sanatorium, home for the aged, chronic hospital or similar institution is situated where he or she is living in the sanatorium, home for the aged, chronic hospital or similar institution 10 days before the date of the issue of the writ ordering an election in the electoral district and has lived there continuously from the 10th day before the issue of the writ to and including polling day.

(10) Where a special polling station for an electoral district has been established under paragraph 56(1)(a) an elector who is entitled to vote in a part of the electoral district for which it was established may vote at the polling station.

(11) An elector shall not vote in more than 1 electoral district nor more than once in an electoral district, but every elector may vote for as many candidates as are authorized by law to be elected for the electoral district in respect of which he or she votes.

(12) A person who at an election votes in more than 1 electoral district or more than once in an electoral district is guilty of an offence.

(2) An elector who has refused to take an oath or affirmation, or to answer questions, or produce evidence required by this Act, shall not receive a ballot paper, or, upon leaving the polling station, be permitted to return or be permitted to vote.

(3) A deputy returning officer or poll clerk acting at a polling station in administering an oath or affirmation who mentions as a disqualification a fact or circumstance which to his or her knowledge is not a disqualification according to this Act, is guilty of an offence.

(4) A person who induces or procures another person to vote at an election, knowing that the other person is disqualified from voting or incompetent to vote at the election is guilty of an offence.

(2) In a case referred to in subsection (1), the name, address or occupation as stated in the official list of electors shall be corrected according to the facts and correctly entered in the poll book, and the fact that the oath or affirmation has been taken shall be entered in the proper column of the poll book and the words "list of electors corrected" in the remarks column.

(3) A candidate whose name appears upon the official list of electors for a polling station established in the electoral district shall be entitled to vote in a polling station instead of that upon the list of electors for which his or her name appears.

(2) An elector shall not,

(3) A person who contravenes or fails to observe a provision of this section is guilty of an offence.

(4) It shall be the duty of the deputy returning officer to draw the attention of an elector who has contravened subsection (2) to the offence that he or she has committed and to the penalty to which he or she has rendered himself or herself liable, but the elector shall nevertheless be allowed to vote in the usual way.

(2) The deputy returning officer shall upon request of an elector instruct him or her in the method of marking a ballot paper, and shall properly fold the elector's ballot paper, directing him or her to return it, when marked, folded as shown, but without inquiring for whom the elector intends to vote, except where the elector is unable to vote in the ordinary manner prescribed by this Act on account of inability to read, blindness or other physical incapacity.

(3) The elector on receiving the ballot paper shall immediately proceed into a voting compartment and there mark his or her ballot paper by making a cross with a black lead pencil within the space on the ballot paper containing the name and particulars of the candidates for whom he or she intends to vote, and he or she shall then fold the ballot paper as directed so that the initials on the back of it and the printed serial number on the back of the counterfoil can be seen without unfolding it, and hand the ballot paper to the deputy returning officer, who shall, without unfolding it, ascertain by examination of his or her initials and the printed serial number that it is the ballot paper delivered to the elector and where it is he or she shall immediately in full view of the elector and all others present, remove and destroy the counterfoil and the deputy returning officer shall deposit the ballot paper in the ballot box.

(4) An elector who has inadvertently dealt with the ballot paper delivered to him or her in a manner that it cannot conveniently be used shall return it to the deputy returning officer who shall deface it in a manner as to render it a spoiled ballot paper, and the deputy returning officer shall then deliver another ballot paper to the elector.

(5) Subject to this Act as to proof of qualification as an elector and the administration of oaths or affirmations, where a person representing himself or herself to be a particular elector applies for a ballot paper after another person has voted as an elector, he or she shall be entitled to receive a ballot paper and to vote after taking the oath or affirmation as in Form No. 40 of the Schedule, and otherwise establishing his or her identity to the satisfaction of the deputy returning officer.

(6) Where an elector has voted under subsection (5) the poll clerk shall enter in the poll book opposite the name of the elector

(7) The deputy returning officer on the application of an elector who is unable to read, or is incapacitated from a physical cause other than blindness from voting in the ordinary manner prescribed by this Act shall require the elector making the application to make oath or affirmation as in Form No. 41 of the Schedule of his or her incapacity to vote without assistance, and shall assist that elector by marking his or her ballot paper in the manner directed by the elector in the presence of the sworn agents of the candidates in the polling station and of no other person, and shall place the ballot paper in the ballot box.

(8) The deputy returning officer shall either deal with a blind elector in the same manner as with an illiterate or otherwise incapacitated elector, or, at the request of a blind elector who has taken the oath as in Form No. 41 of the Schedule, and is accompanied by a friend, shall permit that friend to accompany the blind elector into the voting compartment and mark the ballot paper of the blind elector, and in that case the poll clerk shall, in addition to the other requirements prescribed in this Act, enter the name of the friend of the blind elector in the remarks column of the poll book, opposite the entry relating to the blind elector, but a person shall not at an election be allowed to act as the friend of more than 1 blind elector.

(9) A friend who is permitted to mark the ballot paper of a blind elector under subsection (8) shall 1st be required to take an oath or affirmation as in Form No. 42 of the Schedule and he or she will keep secret the names of the candidates for whom the ballot paper of the blind elector is marked by him or her, and that he or she has not already acted as the friend of a blind elector for the purpose of marking his or her ballot paper at the pending election.

(10) Where an elector has had his or her ballot paper marked in accordance with subsections (7), (8) and (9), the deputy returning officer shall enter in the poll book opposite the elector's name, in addition to another necessary entry, the reason why that ballot paper was so marked.

(11) An elector shall vote without undue delay and shall leave the polling station as soon as his or her ballot paper has been put in the ballot box.

(12) Where at the hour of the closing of the poll there are electors in the polling station who are qualified to vote and have not been able to do so since their arrival at the polling station, the poll shall be kept open a sufficient time to enable them to vote but no one not actually present in or inside the outer door of the polling station at the hour of closing shall be allowed to vote even where the poll is still open when he or she arrives.

(13) Where a polling station has been established in a sanatorium, a home for the aged, a chronic hospital, or similar institution for the care and treatment of tuberculosis or other chronic diseases, the deputy returning officer and the poll clerk shall, while the poll is open on polling day and where considered necessary by the deputy returning officer, suspend temporarily the voting in the polling station, and shall, with the approval of the person in charge of the institution, carry the ballot box, poll book, ballot papers and other necessary election documents from room to room in the institution to take the votes of bedridden patients who are resident in the polling division in which the institution is situated, or have a right to vote in a polling division by virtue of subsection 69(9), and are otherwise qualified as electors, and the procedure to be followed in taking the votes of bedridden patients shall be the same as that prescribed for an ordinary polling station, and the deputy returning officer shall give those patients assistance which may be necessary in accordance with the provisions of subsections (7), (8) and (9).

(2) This section shall extend to railway companies and their employees, except employees actually engaged in the running of trains to whom the time cannot be allowed without interfering with the manning of the trains.

(3) An employer who refuses, or by intimidation, undue influence, or in another way, interferes with the granting to an elector in his or her employ, of the consecutive hours for voting in this section provided, is guilty of an offence.

(2) Where a person is charged at a polling station with having committed or attempted to commit the offence of impersonation, or having voted or attempted to vote knowing that he or she was disqualified, non-qualified or incompetent to vote at the election, the deputy returning officer at the polling station, where requested to do so by the poll clerk or an agent of a candidate, shall take the information on oath or affirmation of the person making the charge, and the information may be taken as in Form No. 44 or as in Form No. 45 of the Schedule.

(3) Where the person against whom it is proposed to lay the information has not left the polling station the deputy returning officer shall, either on his or her own initiative or at the request of anyone proposing to lay the information, detain or direct the detention of that person until a written information can be drawn up.

(4) Upon receiving the information the deputy returning officer shall, on polling day, but not afterwards, issue his or her warrant as in Form No. 46 or as in Form No. 47 of the Schedule for the arrest of the person charged, in order that he or she may be brought before a Provincial Court judge to answer to the information and to be further dealt with according to law.

(5) The warrant shall be sufficient authority for a peace officer to detain the person named or described in the warrant until he or she is brought before a Provincial Court judge.

(6) Where the correct name of the person charged is unknown to the informant, it shall be sufficient, in the information and other proceedings, to describe the person charged as a person whose name is to be the informant unknown but who is detained under the order of the deputy returning officer, or the person charged may be described in another manner that will suitably identify him or her, and when the name of the person so charged is ascertained, it shall be stated in a subsequent warrant or proceeding.

(7) A poll clerk has the authority of a peace officer for the purpose of carrying out the provisions of this Act respecting summary proceedings in cases of impersonation, and every deputy returning officer shall appoint those special peace officers that he or she considers necessary for the same purpose, and they shall have full power to act without taking an oath or affirmation.

(8) The Summary Proceedings Act shall apply to all proceedings under this Act, against a person accused of impersonation under subsections (2) to (7).

(9) A deputy returning officer may appoint a peace officer to maintain order in his or her polling station during the hours that the poll is open on polling day, but this authority shall not be exercised unless the services of the peace officer are considered necessary, and a peace officer may be appointed only where there is actual or threatened disorder, or where it is likely that a large number of electors will seek to vote at the same time, and peace officers shall be appointed and sworn in as in Form No. 48 of the Schedule which shall be printed in the poll book, and every deputy returning officer who has appointed a peace officer shall state his or her reasons for making the appointment in the space provided for that purpose on the back of the polling station account.

(2) The returning officer or deputy returning officer may during nomination day and polling day at an election require a person at the place of nomination or at a polling station to deliver to him or her a firearm, sword, stave, bludgeon or other offensive weapon in the hands or personal possession of that person and the person so required shall deliver it immediately.

(3) A person shall not provide or supply a loud speaker, bunting, ensign, banner, standard or set of colours or another flag, to a person with intent that it shall be carried, worn or used, on automobiles, trucks or other vehicles, as political propaganda, on the day immediately preceding polling day at an election, or before the closing of the polls on polling day, and a person shall not carry, wear or use, on automobiles, trucks, or other vehicles, a loud speaker, bunting, ensign, banner, standard or set of colours, or another flag on the day immediately preceding polling day at the election, or before the closing of the polls on polling day.

(4) A person shall not provide or supply a flag, ribbon, label or similar favour to or for a person with intent that it be worn or used by a person within an electoral district, on polling day at the election, or on the day immediately preceding polling day at an election, as a party badge to distinguish the wearer as the supporter of a candidate, or of the political or other opinions entertained or supposed to be entertained by that candidate, and a person shall not use or wear a flag, ribbon, label, or other favour, as a badge, within an electoral district on polling day at the election or on the day immediately preceding polling day.

(5) Alcoholic liquor shall not be sold on polling day in an electoral district during the period for which the polls are open for voting.

(6) A person who fails to comply with this section is guilty of an offence.

(2) In counting the votes the deputy returning officer shall reject all ballot papers

(3) A ballot paper shall not be rejected under subsection (2) because

(4) Where, in the course of counting the votes, a ballot paper is found with the counterfoil still attached to it, the deputy returning officer shall, carefully concealing the number on it from all persons present and without examining it himself or herself, remove and destroy the counterfoil, and he or she shall not reject the ballot paper merely because of his or her former failure to remove the counterfoil, but nothing in this subsection shall relieve the deputy returning officer from a penalty to which he or she may have become liable because of his or her failure to remove and destroy the counterfoil at the time of the casting of the vote to which it relates.

(5) Where, in the course of counting the votes, the deputy returning officer discovers that he or she has omitted to affix his or her initials on the back of a ballot paper, as provided by subsection 68(1) he or she shall, in the presence of the poll clerk and the agents of the candidates affix his or her initials to the ballot paper, and shall count the ballot paper, as if it had been initialled previously by him or her where he or she is satisfied that

(6) Nothing in subsection (5) shall relieve the deputy returning officer from a penalty to which he or she may have become liable because of his or her failure to affix his or her initials on the back of a ballot paper before handing it to the elector.

(7) The deputy returning officer shall keep a record on the special form printed in the poll book of every objection made by a candidate, or his or her agent or an elector present, to a ballot paper found in the ballot box and shall decide every question arising out of the objection and the decision of the deputy returning officer shall be final, subject to reversal on a recount or on a petition questioning the election or return, and every objection shall be numbered, and a corresponding number shall be placed on the back of the ballot paper and the ballot paper shall be initialled by the deputy returning officer.

(8) All the ballot papers 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 ballot papers, and in an electoral district entitled to return 1 member the ballot papers marked for each candidate shall be put in separate envelopes, and in an electoral district entitled to return more than 1 member the ballot papers marked for all candidates shall be put in a separate envelope, and the rejected ballot papers shall be put in a special envelope and all the envelopes shall be endorsed so as to indicate their contents, and shall be sealed with gummed paper seals by the deputy returning officer and the deputy returning officer and the poll clerk shall affix their signatures to the seals, and the agents or witnesses present may, where they so wish, affix their signatures to it.

(9) The deputy returning officer and the poll clerk, immediately after the completion of the counting of the votes, shall each take and sign the oaths or affirmations as in Form Nos. 49 and 50 of the Schedule.

(10) The deputy returning officer shall make the necessary number of copies of the statement of the poll as in Form No. 51 of the Schedule, 1 copy to remain attached to the poll book, 1 copy to be retained by the deputy returning officer and 1 copy for the returning officer which shall be enclosed in a special envelope supplied for the purpose, and the deputy returning officer shall seal the envelope and deposit it in the ballot box, and he or she shall also deliver 1 copy of the statement of the poll to each of the candidates' agents, and he or she shall mail 1 copy to each candidate in the special envelope provided for the purpose to his or her address as stated on the ballot papers.

(11) The deputy returning officer shall

and then the ballot box shall be sealed with 1 of the special metal seals supplied for the use of the deputy returning officer and transmitted immediately to the returning officer, and the returning officer may appoint 1 or more persons to collect the ballot boxes from a given number of polling stations and the persons shall, on delivering the ballot boxes to the returning officer, take and sign the oath or affirmation as in Form No. 52 of the Schedule.

(12) The deputy returning officer shall, with the ballot box, transmit or deliver to the returning officer, in the envelope provided for that purpose, a preliminary statement of the poll in the form prescribed by the chief electoral officer and the polling station account, having first caused the account to be filled in and signed by the officials of his or her polling station entitled to fees, and by the landlord of the polling station.

(13) Every deputy returning officer shall by telegraphic or telephonic communication forward to the returning officer of the electoral district where the deputy returning officer is acting

and the returning officer shall by any method of communication and as soon as possible after they are received forward all the statements received by him or her to the chief electoral officer.

(14) Notwithstanding subsections (10), (11), (12) and (13), in respect of a special polling station established under paragraph 56(1)(a)

(15) The returning officer may direct that the ballot boxes shall be returned to him or her by parcel post, registered.

(16) Where a deputy returning officer omits to enclose within the ballot box, and in the proper envelopes provided for that purpose, documents mentioned in this section, he or she shall, in addition to another punishment to which he or she may be liable, forfeit all rights to payment for his or her services as an officer, and the returning officer shall not pass a claim for payment of the services of the deputy returning officer where it appears that the omission was made because of a lack of good faith on the part of the deputy returning officer.

(2) After all the ballot boxes have been received, together with the official statement of the poll from the chief electoral officer which were forwarded to him or her in accordance with paragraph 78(14)(a), the returning officer, at the place, date and hour fixed in the public notice posted up in accordance with section 42 for the official addition of the polls, and in the presence of the election clerk and of the candidates or their agents who are present, shall open the ballot boxes, and from the official statements of the poll contained, together with those received from the chief electoral officer, add together the number of votes given for each candidate.

(3) Where, at the official addition of the votes, a candidate or his or her agent is not present, it shall be the duty of the returning officer to secure the presence of at least 2 electors who shall remain in attendance until the official addition of the votes has been completed.

(4) Where a ballot box does not appear to contain an official statement of the poll either loose or in its separate envelope as provided earlier, the returning officer may, for the purpose of finding the statement of the poll, open, in the following order,

until he or she finds that statement, and where that is done, all the papers, other than the official statement of the poll, where found, shall be placed by the returning officer in a special large envelope which shall be sealed and endorsed by him or her, but this subsection shall not authorize the opening of envelopes appearing to contain only ballot papers marked for the candidates, and in the absence of other information, the endorsement on the envelopes may be adopted as indicating the result of the poll at the polling station in question.

(5) After the returning officer has removed the official statement of the poll from each ballot box or the procedure has been followed as provided by this section for a ballot box from which the official statement is missing, the returning officer shall seal each box, from which only the official statement is taken, with a special metal seal supplied to him or her for that purpose.

(6) On the official addition of the votes the candidate who receives the largest number of votes shall be declared elected.

(7) The declaration mentioned in subsection (6) shall be in writing as in Form No. 53 of the Schedule and a copy shall be delivered immediately to each candidate or his or her agent where either of them is present at the official addition of votes, or where a candidate is not present or is not represented at the official addition of the votes the declaration shall be sent to the candidate immediately by registered mail.

(8) Where, on the official addition of the votes, an equality of votes is found to exist between 2 or more candidates and an additional vote would entitle 1 of the candidates to be declared elected, the returning officer shall cast the additional vote.

(2) Where the statement of the poll for a polling station cannot be found and the number of votes cast for the several candidates cannot be ascertained, or where, for another cause, the returning officer cannot, at the day and hour appointed by him or her for that purpose, ascertain the exact number of votes cast for each candidate, he or she may adjourn to a further day and hour the official addition of the votes, until the exact number of votes given for each candidate can be ascertained.

(3) Where a ballot box has been destroyed or lost, or for another reason has not been received by him or her on the day appointed, the returning officer shall ascertain the cause of the disappearance of the ballot box and shall obtain from the deputy returning officer whose ballot box is missing, or from another person having it, a copy of the statement of the poll given to the candidates or their agents as required by this Act, the whole verified on oath or affirmation.

(4) Where the statement of the poll, or copies of it, cannot be obtained, the returning officer shall ascertain, by evidence that is available, the total number of votes cast for each candidate, and to that end, may summon a deputy returning officer, his or her poll clerk, or another person, to appear before him or her on a day and hour to be named by him or her, and to bring all necessary papers and documents with him or her, of which day and hour of the intended proceedings the candidates shall have due notice, and the returning officer may examine on oath or affirmation the deputy returning officer or poll clerk or another person, respecting the matter in question.

(5) In case of an adjournment because of a deputy returning officer not having placed the official statement of the poll in the ballot box the returning officer shall, in the meantime, make reasonable efforts to ascertain the exact number of votes cast for each candidate in the polling station of the deputy returning officer, and, to that end, shall have the powers set out in subsection (4).

(6) In a case arising under subsection (3), (4) or (5) the returning officer shall declare the name of the candidate appearing to have obtained the largest number of votes and shall mention specially in a report to be sent to the chief electoral officer the circumstances accompanying the disappearance of the ballot boxes, or the lack of a statement, and the mode by which he or she ascertained the number of votes given to each candidate.

(7) Where

the returning officer shall proceed with the addition of the votes cast at the remaining polling stations in his or her electoral district, and when all the votes have been added up he or she shall determine whether if all of the electors appearing on the official list of electors for the polling station concerned had voted for any 1 candidate and their votes were included in that addition the result of the election would have been affected, and

(8) Where a 2nd poll is directed to be held under subsection (7) the returning officer shall post at a conspicuous place in the polling division where the polling station concerned is located a notice as in Form No. 24 of the Schedule.

(9) A 2nd poll directed to be held under subsection (7) shall be conducted in the same manner as is provided by this Act for the holding of the 1st poll and shall be considered to be of the same effect as if it had been upon the day initially fixed for the taking of the poll.

(10) The deputy returning officer shall count the votes cast at a 2nd poll held in accordance with this section and make his or her returns to the returning officer in the manner and subject to the conditions provided by this Act for the counting of votes and the making of returns upon the holding of a 1st poll, and upon adding the votes cast at the 2nd poll with the votes previously counted the returning officer shall declare elected the candidates having the majority of the votes and the provisions of this Act relating to the addition of the votes cast at a 1st poll and declaring candidates elected shall apply.

(11) A person refusing or neglecting to attend on the summons of a returning officer issued under this section is guilty of an offence.

and the returning officer shall also transmit all the documents sealed in the ballot boxes as provided for by subsection 79(5), including the supplementary lists of electors and the ballot papers<197>unused, spoiled, rejected and counted for each candidate<197>and the stubs of used ballot papers, still intact in the sealed ballot boxes, together with all other ballot boxes in his or her custody to and in the manner directed by the chief electoral officer.

(2) The chief electoral officer shall, on receiving the return of a member elected to serve in the House of Assembly, enter it in the order in which the return is received by him or her in a book to be kept for that purpose and immediately give notice in the Gazette of the name of the candidate so elected and in the order in which it was received, and shall also forward to the Deputy Minister of Finance a certified statement of the number of votes cast for each candidate in an electoral district, and where the deputy minister has satisfied himself or herself that a candidate is under this Act entitled to the return of his or her deposit, he or she shall return it accordingly.

(3) The chief electoral officer shall, immediately after each election, publish a report giving, by electoral districts, the number of votes cast for each candidate, the number of rejected ballot papers, the number of names on the lists of electors, together with other information that he or she may consider appropriate to include.

or that the returning officer has improperly added up the votes, and where the applicant deposits within that time with the Registrar of the Supreme Court the sum of $100 in legal tender as security for the costs in connection with the recount or final addition, the judge may appoint a time and place to recount or finally to add up the votes cast at the election.

(2) Where a candidate is not represented, 3 voters who declare their wish to attend on his or her behalf, shall be entitled to attend.

(3) Except with the sanction of the judge, no other person shall be present.

(2) During the excluded time and time for refreshment the judge shall place the ballot papers and other documents relating to the election under his or her own seal and the seals of those of the other persons present that wish to affix their seals, and shall otherwise take all necessary precautions for the security of the papers and documents.

(2) For the purpose of arriving at the facts the judge shall have all the powers of the returning officer with regard to the attendance and examination of witnesses or he or she may act upon the evidence taken by the returning officer.

(2) In case of an equality of votes, the returning officer shall give the casting vote.

(2) The judge shall tax the costs, and shall, as nearly as may be, follow the tariff of costs with respect to proceedings in the Trial Division.

(2) The chief electoral officer shall retain the ballot boxes, sealed, for a period of 1 year after the date of the election in which they were last used and then, unless otherwise directed by an order of a judge, shall destroy all those documents, ballot papers and papers contained in the large envelope placed in the ballot boxes in accordance with paragraph 78(11)(a), other than the poll books, the supplementary lists of electors filed under section 69 and all oaths or affirmations taken under section 70 together with all other oaths or affirmations of electors taken at the poll.

(3) Notwithstanding subsection (1), where the ballot boxes or the contents of the envelope referred to in paragraph 78(11)(c) are required in respect of an election during the 1 year period referred to in subsection (2), the chief electoral officer may, in the presence of the Deputy Minister of Justice, open the required number of ballot boxes and, with respect to a ballot box,

(4) As soon as possible after a ballot box is opened under paragraph (3)(b), the chief electoral officer shall place the contents, other than any of the contents of that envelope that are required, in a special storage room containing 2 locks, the keys to 1 lock to be held only by the chief electoral officer and the keys of the other lock to be held only by the Deputy Minister of Justice.

(5) A ballot box referred to in paragraph (3)(a) shall remain sealed and the contents of a ballot box placed in the storage room under subsection (4) shall remain locked until the expiration of 1 year after the date of the election referred to in subsection (2).

(6) Notwithstanding subsection (7), the poll books, supplementary lists of electors and oaths or affirmations retained under subsection (2) may be used by the chief electoral officer for the purpose of investigating and improving the administration of elections under this Act.

(7) Election documents and election papers sealed in ballot boxes or which have been removed in accordance with subsection (3), shall not be inspected or produced except under a rule or order of the Trial Division or a judge.

(8) A rule or order may be granted under subsection (7) upon evidence on oath or affirmation that the inspection or production of the election documents or election papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election, or for the purpose of a petition which has been filed questioning an election or return, and the rule or order may be made subject to the conditions as to persons, time, place and mode of inspection or production that the court or a judge considers expedient.

(9) All reports or statements received from election officers, other than election documents and election papers contained in the sealed box or removed in accordance with paragraph (3)(a) or (b), all instructions issued by the chief electoral officer and all decisions or rules made by him or her under this Act shall, while they are in the care and custody of the chief electoral officer, be public records and may be inspected during office hours by a person upon request.

(2) A revising justice shall certify the accounts presented by enumerators and by all other persons employed by him or her in the preparation and revision of the lists of electors and a returning officer shall certify the accounts of all deputy returning officers for his or her electoral district and of all other persons employed by the returning officer or by the deputy returning officer in conducting an election under this Act.

(2) The actual personal expenses of a candidate, his or her reasonable expenses for actual professional services performed, and genuine payments for the fair cost of printing and advertising and other lawful and reasonable expenses in connection with the election, incurred by the candidate or an agent in good faith and without corrupt intent, shall be considered to be expenses lawfully incurred, and the payment shall not be a contravention of this Act.

(2) Subsection (1) does not apply to

provides food such as sandwiches, cakes, cookies, and drink such as tea, coffee, milk or soft drinks at a meeting of electors assembled for the purpose of promoting the election of a candidate during an election.

(2) A person who represents to an elector, directly or indirectly, that the ballot paper to be used, or the mode of voting at an election, is not secret is guilty of an offence.

where it is shown to the satisfaction of the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in this Act and that that irregularity, failure, non-compliance or mistake did not materially affect the result of the election.

(2) Subsection (1) does not apply to a judge, Provincial Court judge or peace officer.

(3) A returning officer or deputy returning officer, or a partner or clerk of either of them, shall not act as an agent for a candidate at an election, and a returning officer or deputy returning officer, or a partner or clerk of either of them who so acts is guilty of an offence.

(2) For the purpose of an inquiry held under this section, the chief electoral officer or a person nominated by him or her to conduct the inquiry has all of the powers conferred on a commissioner by the Public Inquiries Act.

(2) A person unlawfully taking down, covering up, mutilating, defacing or altering a printed or written proclamation, notice, list of electors, or other document, authorized or required by this Act to be posted up, is guilty of an offence.

(2) A person guilty of an indictable offence against this Act is liable where no other penalty is specifically provided on indictment or on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment.

(3) A person guilty of an offence against this Act which is not by this Act declared to be an indictable offence is punishable on summary conviction and is liable, where no other penalty is specifically provided, to a fine not exceeding $500 and in default of payment to imprisonment for a term not exceeding 3 months, or to both a fine and imprisonment.

(4) A person who during an election is guilty of an offence which is a corrupt practice or an illegal practice shall become disqualified from voting at the election, and he or she shall also in addition to another punishment for the offence forfeit

(2) A candidate may himself or herself undertake the duties which his or her official agent, if he or she had appointed one, might have undertaken.

(3) An election officer or his or her partner or clerk shall not be eligible to act as the official agent of a candidate at an election, and where a person so acts he or she shall be guilty of an illegal practice and of an offence.

(4) All persons who have bills, charges or claims against a candidate for or in relation to an election shall send in the bills, charges or claims within 2 months after the day of the declaration of the election to the candidate or his or her official agent, otherwise the right of the person to recover his or her claim or a part of the claim shall be barred.

(5) Where a person having a bill, charge or claim against a candidate for or in relation to an election dies within the period of 2 months referred to in subsection (4), the legal representative of that person shall send in the bill, charge or claim within 2 months after he or she becomes able to act as legal representative, otherwise the right to recover the bill, charge or claim shall be barred.

(6) A contract under which expenses are incurred on account of or in respect of an election is not enforceable against a candidate unless it was made by the candidate himself or by his or her official agent, but inability to enforce the contract against the candidate shall not relieve him or her from the consequences of a corrupt or illegal practice.

(7) All expenses incurred by or on behalf of a candidate on account of an election shall be paid within 3 months after the day of the declaration of the election.

(8) Where the candidate or his or her official agent disputes a claim sent to him or her within the time limited by this Act, or refuses or fails to pay it within the period of 3 months after the day of the declaration of the election, the claim shall be considered to be a disputed claim and the claimant may, where he or she thinks it appropriate, bring an action to recover it in the appropriate court, and a sum paid by the candidate or his or her agent in pursuance of the judgment or order of the court shall be considered to be paid within the time limited by this Act.

(9) A detailed statement, verified by affidavit, of all election expenses incurred by or on behalf of a candidate shall within 4 months after the day of the declaration of the election, or where, because of the death of the creditor, no bill, charge or claim has been sent in within the period of 4 months, then within 1 month after the bill, charge or claim has been sent in, be made out and signed by the candidate or his or her official agent, and delivered with the bills and vouchers relative to the election to the minister.

(10) The minister shall preserve all the returns and declarations with the bills and vouchers relating to the election and at all reasonable times during the 6 months immediately following after they have been delivered to him or her shall permit an elector to inspect them and to make extracts from it on payment of a fee of $0.25, and after the expiration of the 6 months the documents may be destroyed, or, if after 6 months and before destruction the candidate or his or her official agent applies for their return, they shall be returned to the candidate.

(11) Where the requirements of subsection (9) are not fulfilled before the expiration of the time limited for the purpose, the candidate shall incur a penalty of $10 for every day during which he or she defaults.

(12) A candidate or official agent who wilfully provides a false statement under subsection (9) is guilty of an offence.

(2) The production of the official list of electors containing the names of the petitioner as set out in the petition, or a copy certified by the minister to be a true copy of the official list used at the election in the electoral district to which the petition relates shall be conclusive evidence that the petitioner could lawfully present the petition, and, if the petitioner was a candidate at the election, of if there is no list available, an affidavit by the petitioner that he or she was a candidate or an elector at the election shall be conclusive evidence that the petitioner could lawfully present the petition.

(2) The trial of an election petition shall take place at St. John's.

(3) Notwithstanding subsection (2), where it appears to the court that special circumstances exist which make it desirable that the petition should be tried elsewhere, the court may appoint another place for the trial.

(2) Where the judges differ as to whether the member whose return or election is complained of was returned or elected, they shall certify that difference, and the member shall be considered elected or returned.

(3) Where the judges determine that the member was not elected or returned, but differ as to the rest of the determination, they shall certify that difference, and the election shall be considered to be void.

(4) Where the judges differ as to the subject of a report to the speaker, they shall certify that difference and make no report on the subject on which they so differ.

(2) The abatement of a petition shall not affect the liability of the petitioner for the payment of costs previously incurred.

(3) On the abatement of a petition by the death of a sole petitioner or the survivor of several petitioners a person who might have been a petitioner in respect of the election to which the petition relates may within 21 days after the abatement apply to the judge to be substituted as a petitioner.

(4) The judge may, where he or she thinks appropriate, substitute as a petitioner an applicant who wishes to be substituted and on whose behalf security to the same amount is deposited as is required in the case of a new petition.

(2) The general law of evidence and pleading shall in all particulars govern the proceedings and trial of an election petition.

(2) Until rules have been made by the judges of the Trial Division under subsection (1) and where the rules when made do not extend, the procedure upon the hearing of petitions provided by the Judicature Act and the Rules of the Supreme Court made under the Judicature Act shall apply to election petitions and the trial of election petitions where they are applicable.

(2) Advance polls may be held on any or all of the 7 working days immediately preceding the ordinary polling day.

(3) Where an advance poll is ordered to be held under subsection (1), the chief electoral officer shall designate a suitable polling station for the purpose and shall give notice of the places where, the days on and the hours during which it shall be held, and the notice shall be published by posting up a copy of the notice at a conspicuous place in the town, settlement or village where the advance poll is to be held, and where possible, by advertisement in a newspaper circulating in the electoral district concerned, and where the chief electoral officer considers it desirable, by the other means that he or she may prescribe.

(4) The returning officer for the electoral district where an advance poll is ordered to be held shall appoint a deputy returning officer and a poll clerk to hold the advance poll, and shall supply the deputy returning officer with the official lists of electors for that electoral district together with a ballot box, ballot papers, poll books, forms of oaths or affirmations and other documents and supplies required for the purpose of holding the advance poll.

(5) An elector who would on the ordinary polling day be entitled under this Act to vote in a polling division in an electoral district may vote at an advance poll held in that electoral district.

(6) Before being allowed to vote, a person offering himself or herself as a voter shall be required by the deputy returning officer to take the oath or affirmation as in Form No. 56 of the Schedule, and to take an oath or affirmation which is required by this Act to be administered to a voter at the ordinary poll, and the oaths or affirmations so taken shall be kept by the deputy returning officer with the other records of the poll.

(7) The deputy returning officer or a candidate or the agent of a candidate may require that a person offering himself or herself as a voter at an advance poll shall before being handed a ballot take an oath or affirmation not referred to in subsection (6) which a voter at an ordinary poll may be required to take.

(8) The poll clerk shall record in the poll book in the column headed "Remarks" a note stating that he or she has taken the oaths or affirmations required under this Act and the number of the polling division where the voter lives.

(9) After the opening of an advance poll the ballot box used shall not be opened until 8:00 p.m. of the ordinary polling day, but on adjourning the advance poll each day the deputy returning officer shall, and a candidate or the agent of a candidate who is present may, affix his or her seal to the ballot box in such a way that it cannot be opened and a ballot cannot be deposited in it, without breaking the seals.

(10) The deputy returning officer shall at all times after the opening of an advance poll take the necessary precautions to prevent access being had by a person, other than the poll clerk during the polling, to the ballot box, and seals placed on the ballot box shall not be removed between the opening of the advance poll and the time fixed for the deputy returning officer to count the ballots, except at the beginning of voting on each day of the advance poll, and then only those seals shall be removed that are necessary to permit the insertion of ballots in the ballot box.

(11) At the close of an advance poll the deputy returning officer shall immediately make up and deliver to the returning officer a list of the names of all persons who have voted showing in each case the number of the polling division in which the voter lives, and the returning officer shall at the request of a candidate or the agent of a candidate provide him or her with a copy of the list.

(12) At the hour fixed for the closing of the poll on the ordinary polling day the deputy returning officer in charge of an advance poll shall in the presence of the candidates and agents of candidates who may be present open the ballot box, count the votes, and perform all other duties required of a deputy returning officer in charge of a polling station on the ordinary polling day.

(13) The chief electoral officer may for the purpose of this section command the services of the returning officer in the electoral district where an advance poll is held.

(14) The provisions of this Act relating to ordinary polls shall, where they are applicable, apply to advance polls.

(15) The Lieutenant-Governor in Council may make regulations that may be necessary for the purpose of carrying out the provisions of this Act respecting the establishment of advance polls and proceedings.

(2) The chief electoral officer may make an order as to the details of the proceedings at or relating to an election, to be transmitted by telegraphic communication that to him or her seems appropriate for best attaining the purpose of this section.

(2) A person who between the date of the issue of the writ of election and the day after polling day at an election incites, combines or conspires with others to act in a disorderly manner with intent to prevent the transaction of the business of a public meeting called for the purpose of the election is guilty of an indictable offence.

(2) For the purpose of subsection (1), the chief electoral officer may open the ballot boxes in his or her care and custody in order to extract the information necessary to comply with that subsection.

(2) The provisions of this Act relating to the holding of elections apply with the necessary changes to plebiscites held under this Act, except where the Lieutenant-Governor in Council by order directs otherwise.

Form No. 5

List of Electors
(Section 10)

Electoral district of
Rural polling division no.
comprising

Form No. 6

Enumerator's Certificate
(Section 15)

Electoral district of

I (we) certify that the preceding is a true copy of the list of qualified electors for polling division no. ___ in the electoral district of _____________________, as prepared by me (us) in accordance with the Election Act.

Signed this __________________________ day of ______________, 19___.

Enumerator

Enumerator

Form No. 7

Public Notice
(Section 15)

Electoral district of

I (we) give notice that the revising justice for ____________________ will on or before the ____________________ day of ______________ 19 ___ revise a list of all persons living in polling division no. ___ entitled to vote in an election of a member to represent the electoral district of ____________________ in the House of Assembly, and every person who lives in polling division no. ___ and is entitled to vote in an election is required to deliver or transmit to me (us) on or before the _____________________ day of ________________ 19___ a written application to be included in the list, setting out the grounds on which he or she should be included, his or her age, his or her place of residence and his or her 1st name and family name.

Dated at ________________________ this ____________________ day of ______________ 19___.

Enumerator

Enumerator

Electoral district of

I, ____________________ of ___________________, give
notice that I object to the name of ____________________ which appears on the list of electors prepared for polling division no. ___, on the grounds that ______________________________.

Dated at ______________________ this ______________________ day of ______________ 19___.

TO: ____________________
Revising Justice

Signature and address
of person objecting

Electoral district of

I, _____________________ of ____________________, give notice that I object to your right to have your name retained on the list of electors prepared for polling division no. ___ in the electoral district of ____________________ on the grounds that ___________________________________.

Dated at ______________________ this ______________________ day of ______________ 19___.

TO: ____________________________
(Name and address of person to
whose name objection is made)

Signature and address of
person making objection

Electoral district of

I apply to have my name added to the list of electors for polling division no. ___ in the electoral district of and I set out below the particulars of my qualifications.

Dated at ________________________ this ________________________ day of ______________ 19___.

TO: ____________________
Revising Justice

Signature and address of
person applying

Electoral district of

I give notice that the Court of Revision for ____________________ will sit at the places, on the days and during the hours stated below and at the Court of Revision sitting at any place the lists of electors prepared for the polling divisions set opposite the name of that place will be revised.

Dated at ________________________ this ________________________ day of ______________ 19___.

Revising Justice

Form No. 12

Certificate of Revising Justice
(Section 32)

Electoral district of

I certify that the preceding is the original list of electors for polling division no. ___ in the electoral district of ____________________ revised by me at the Court of Revision sitting at ____________________.

Dated at _______________________ this _________________________ day of ______________ 19___.

Revising Justice

Form No. 13

Certificate of Revising Justice
(Section 32)

Electoral district of

I certify that the preceding is a true copy of the original list of electors for polling division no. ___ in the electoral district of ____________________ revised by me at the Court of Revision sitting at ____________________.

Dated at ______________________ this ______________________ day of ______________ 19___.

Revising Justice

ELIZABETH THE SECOND, by the Grace of God, of the United
Kingdom, Canada and Her other Realms and Territories,
QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

GREETING:

WHERE by our proclamation, dated the _____________________ day of ______________, 19___, we have ordered an election of _____ member(s) to serve in the General Assembly of the Province of Newfoundland.

We command that, notice of the time and place of election being given, you do cause election to be made according to law of _____ member(s) to serve in the House of Assembly for the electoral district of ____________________ (except in the case of a general election insert here "in the place of ____________________ deceased" or otherwise stating the cause of vacancy) and that you do cause the nomination of candidates at the election to be held on the ________________________ day of ______________, 19___, and in case more candidates be nominated than the number required to be elected that you do hold a poll on the _______________________ day of ______________, 19___ and that you do cause the name(s) of the candidate(s) when elected, whether he or she or they may be present or absent, to be certified to our chief electoral officer as directed by law.

WITNESS,

the Lieutenant-Governor of the Province of Newfoundland at St. John's this ____________________ day of ______________, 19___

By Order

Minister of Municipal
and Provincial Affairs

Endorsement

Received the enclosed writ on the ________________________ day of ______________ 19___.

Returning Officer

Electoral district of

I, the undersigned, ___________________, returning officer for the electoral district of ___________________, swear (or solemnly affirm) that I am qualified according to law to act as returning officer for the electoral district of ____________________, and that I will act faithfully in that capacity, without partiality, fear, favour or affection. (Where an oath is added, add "So help me God".)

Returning Officer

Sworn (or affirmed)
before me at
in the electoral district
of ,
this day of
19 .

Justice of the Peace

Electoral district of

I give notice that the writ of election issued by the Lieutenant-Governor in Council and directed to ____________________, returning officer for the electoral district of ____________________, has been withdrawn.

Dated this ____________________ day of ______________ 19___.

Chief Electoral Officer

Province of Newfoundland
Electoral district of

Public notice is given that in obedience to the Crown's writ directed to me and bearing the date the ____________________day of ______________, 19___, I am now prepared to receive nomination of candidates for the election of _____ member(s) to serve in the General Assembly of the Province of Newfoundland, at the court house (or the city or town hall or other place) in the city, town or village of _______________________ in the electoral district of ______________________ on the ______________________ day of _________________, 19___, from 10:00 a.m. to 2:00 p.m., after 2:00 p.m. no further nomination of candidates will be received.

And in case a poll is demanded and granted in the manner prescribed by law, that poll will be taken on the ____________________ day of ______________, 19___, between 8:00 a.m. and 8:00 p.m. at places of which I shall give notice.

And in case a poll is held I shall at __:__ __.m. on the ____________________ day of ______________, 19___, at ____________________ in the city, town or village of ____________________ proceed to open the ballot boxes and add up the number of votes given for the several candidates as reported in the statements of the poll, and declare elected the candidate receiving the largest number of votes, (together with the candidates entitled to election standing next in order on the basis of the number of votes received) (omit except in case of district entitled to elect 2 or more candidates).

And the territory comprised in the city (town) of __________________ will be urban polling division, and the territory comprised in the remainder of the electoral district will be rural polling divisions.

Dated at _____________________, in the above-mentioned electoral district, this ____________________ day of ______________ 19___.

Returning Officer

Electoral district of

To

In my capacity of returning officer for the electoral district of _____________ I appoint you to be my election clerk for the above-mentioned electoral district at the next election.

Signed at ______________________ this _______________________ day of ______________, 19___.

Returning Officer

Electoral district of

I, the undersigned, ____________________, appointed election clerk for the electoral district of ____________________, swear (or solemnly affirm) that I will act faithfully in my capacity as election clerk, and also in that of returning officer, where required to act as returning officer, according to law, without partiality, fear, favour or affection. (Where an oath is taken, add "So help me God".)

Sworn (or affirmed)
before me at
in the electoral district
of ,
this day of
19 .

Returning Officer or
Justice of the Peace

We, the undersigned electors of the electoral district of _________________, nominate _______________________________ as a candidate at the election now pending of a member to represent the electoral district in the House of Assembly:

I, ___________________, nominated in the nomination paper, consent to the nomination, and name as my address for the serving of process and papers under the Election Act, ______________________.

Given at ______________________ this ________________________ day of ______________, 19___.

Signed by the nominee

in the presence of

Witness Candidate

Electoral district of
Province of Newfoundland

I, _____________________ of __________________________, swear (or solemnly affirm):

Signature of Deponent

Sworn (or affirmed)
before me at
this day of
19 .

Returning Officer

I, _____________________ of __________________________, swear (or solemnly affirm)

Candidate

Sworn (or affirmed)
before me at
this day of
19 .

Returning Officer, Justice of
the Peace or Commissioner
for Oaths

Dated at _______________________ this _____________________ day of ______________ 19___.

Returning Officer

Province of Newfoundland
Electoral district of

Public notice is given to the electors of the above-mentioned electoral district, that a poll has been granted for the election now pending for that electoral district, and that the poll will be opened on the __________________ day of ______________, 19___, at 8:00 a.m. in the following polling divisions comprised in the electoral district:

Polling division no. ___

(here insert the description of the boundaries of the polling division followed by the location of every polling station established and proceed in respect to all other polling divisions and polling stations).

Notice is further given that the persons nominated as candidates in the above-mentioned electoral district, and only for whom votes may be cast are:

Dated at ______________________ this ___________________ day of ______________, 19___.

Returning Officer

Electoral district of

To

In my capacity of returning officer for the electoral district of ____________________, I appoint you to be deputy returning officer for polling station no. ___ of the above-mentioned electoral district, there to take the votes of the electors by ballot according to law, at the polling station to be opened by you, and kept for that purpose, and you are authorized and required to open and hold the poll of election at the above-mentioned polling station on the ____________________ day of ______________, 19___, at 8:00 a.m., at________________________ and there to keep the poll open until 8:00 p.m., and to take at the polling station, by ballot, in the manner provided by law, the votes of the electors qualified to vote at that polling station, and after counting the votes given for the candidates, and performing all the other duties required of you by law, to return to me the ballot box sealed with your seal, and enclosing 3 envelopes, the 1st envelope containing the statement of the poll, the 2nd containing the poll book, the ballot papers - unused, spoiled, rejected and counted for each candidate - each lot in its proper envelope, the supplementary list of electors, all oaths or affirmations of electors taken at the poll and all other forms and documents used at the poll with the exception of those to be placed in the 3rd envelope, and the 3rd containing the official list of electors used at the poll, the copies of the Election Act supplied by the returning officer and all other forms, material and supplies remaining.

Dated at _______________________ this _____________________ day of _______________, 19___.

Returning Officer

I, the undersigned ___________________________, appointed deputy returning officer for polling station no. ___ of the electoral district of ___________________, swear (or solemnly affirm) that I will act faithfully in my capacity of deputy returning officer, according to law, without partiality, fear, favour or affection, and that I will keep secret the names of the candidates for whom the voters in the above-mentioned polling station marks his or her ballot paper in my presence at this election. (Where an oath is taken, add "So help me God".)

Deputy Returning Officer

Sworn (or affirmed)
before me at
in the electoral district
of ,
this day of
19 .

Returning Officer or
Justice of the Peace or
Deputy Returning Officer

To

In my capacity of deputy returning officer for polling station no. ___, of the electoral district of ____________________, I appoint you to be poll clerk for the polling station.

Signed at ______________________ this __________________ day of ______________, 19___.

Deputy Returning Officer

I, the undersigned, ___________________________________, appointed poll clerk for polling station no. ___ of the electoral district of ____________________, do swear (or solemnly affirm) that I will act faithfully in my capacity of poll clerk, and also in that of deputy returning officer, where required to act as deputy returning officer, according to law, without partiality, fear, favour or affection, and that I will keep secret the names of the candidates for whom any of the voters in the above-mentioned polling station marks his or her ballot paper in my presence at this election. (Where an oath is taken, add "So help me God".)

Poll Clerk

Sworn (or affirmed)
before me at
in the electoral district
of ,
this day of
19 .

Deputy Returning Officer
or Justice of the Peace

To

In my capacity of acting deputy returning officer for polling station no. ___ of the electoral district of ____________________ in consequence of the decease, or incapacity to act, of the deputy returning officer for the polling station whose poll clerk I was, I appoint you to be poll clerk for the above-mentioned polling station of the above-mentioned electoral district.

Signed at ______________________ this __________________ day of ______________ 19___.

Poll Clerk Acting as
Deputy Returning Officer

Form No. 30

Back

Space for initials
of D.R.O.
THE ELECTION ACT
General Election
Electoral District
of
OFFICIAL BALLOT PAPER
Polling Day
______________, 199__

Printed by: (Name and address of printer)

I, the undersigned, ____________________, of the _________________ of ___________________, swear (or solemnly affirm):

Signature of Printer

Sworn (or affirmed)
before me at
this day of
19 .

Justice of the Peace
or Returning Officer

Form No. 33

Oath of Agent of a Candidate
(Section 65)

Electoral district of

I, the undersigned, ________________________, agent for 1 of the candidates at the election now pending for the electoral district of ____________________, swear (or solemnly affirm) that I will keep secret the names of the candidates for whom any of the voters at the polling station no. ___ in the polling division no. ___ marks his or her ballot paper in my presence at this election. (Where an oath is taken, add "So help me God".)

Signature of Agent

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Justice of the Peace

Electoral district of

After the close of the poll and immediately below the name of the elector who voted last, the following certificate will be written and signed by the deputy returning officer: The number of electors who voted at this election at this polling station is ____.

Deputy Returning Officer

Electoral district of
Polling station no.

Applicant

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of
Polling station no.

Applicant

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of Polling station no.

I, the undersigned, ______________________________, swear or solemnly affirm:

Elector

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of
Polling station no.

Elector

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of
Polling station no.

Elector

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of
Polling station no.

I, the undersigned, ______________________________, swear or solemnly affirm that I am _____________________, of ____________________ whose name is entered on the list of electors now shown me. (Where an oath is taken, add "So help me God".)

Elector

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of
Polling station no.

I, the undersigned, _____________________________, swear or solemnly affirm that I am incapable of voting without assistance by reason of physical incapacity. (Where an oath is taken, add "So help me God".)

Elector

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of
Polling station no.

I, the undersigned, _______________________________, swear or solemnly affirm:

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of
Polling station no.

I, the undersigned, _______________________________, make oath and say (or solemnly affirm):

Candidate

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of

The information of __________________, sworn this ____________________ day of _______________, 19___, before the undersigned, a deputy returning officer at polling station no. ___ established in the above-mentioned electoral district for the election of _____ member(s) to serve in the House of Assembly, who says that he or she believes that (insert the name of the accused or where it is not known then "a person whose name is to the informant unknown" but who is now detained in the polling station by the order of the undersigned) on this day at polling station no. ___ did commit the offence of impersonation _________________________.

Signature of Informant

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer

Form No. 45

Information for Voting with Knowledge of Disqualification
(Section 76)

The information of __________________, sworn this ____________________ day of _______________, 19___, before the undersigned, a deputy returning officer at a polling station established in the above-mentioned electoral district for the election of ____ member(s) to serve in the House of Assembly, who says that he or she believes that ________________________ who is now detained in polling station no. ___ under my order, on this day at the polling station, did commit the offence of voting at the election then knowing that he or she was disqualified from voting at the election.

Signature of Informant

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer

Electoral district of

To all peace officers in the above-mentioned electoral district.

Where, before the undersigned, a deputy returning officer at polling station no. ___ established in the above-mentioned electoral district for the election of _____ member(s) to serve in the House of Assembly, _________________________________ has this day been charged upon oath or affirmation with having committed the offence of impersonation on this day and at the polling station by ___________________________.

These are therefore to command you in the Crown's name to apprehend ____________________ and bring him or her before _______________________ to answer the charge and to be further dealt with according to law.

Signed under the Election Act, at ____________________ this ____________________ day of ______________ 19___.

Deputy Returning Officer

Electoral district of

To all peace officers in the above-mentioned electoral district:

Where, before the undersigned, a deputy returning officer at polling station no. ___ established in the above-mentioned electoral district for the election of _____ member(s) to serve in the House of Assembly, ______________________ has this day been charged upon oath or affirmation with having committed on this day and at the above-mentioned polling station the offence of having voted at the election knowing that he or she was disqualified from voting at the election.

These are to command you in the Crown's name to apprehend _____________ and to bring him or her before ______________________ to answer the charge and to be further dealt with according to law.

Signed at ______________________ this _____________ day of __________ 19___.

Deputy Returning Officer

To ____________________, of ____________________:

In my capacity of deputy returning officer for polling station no. ___, of the electoral district of ____________________, I do appoint you to be a peace officer to maintain order in and around the above-mentioned polling station during the hours that the poll is open on this polling day.

Signed at ___________________ this _______________ day of ______________ 19___.

Deputy Returning Officer

I, the undersigned, appointed peace officer by the above-named deputy returning officer, swear (or solemnly affirm) that I will act faithfully in my capacity of peace officer during the hours that the poll is open on this polling day. (Where an oath is taken, add "So help me God".)

Signature of Peace Officer

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk

Electoral district of

I, the undersigned, appointed deputy returning officer for polling station no. ___ of the electoral district of ____________________, swear (or solemnly affirm) that, to the best of my knowledge and belief, the poll book used at the polling station has been kept correctly, that I have faithfully counted the votes cast for each candidate, that I have faithfully performed all my other duties as deputy returning officer, and that the official statement of the poll, the poll book, the ballot papers and other necessary documents will be correctly prepared and placed in the ballot box, to the end that the ballot box, being 1st sealed with a special metal seal, may be regularly transmitted to the returning officer for the above-mentioned electoral district. (Where an oath is taken, add "So help me God".)

Deputy Returning Officer

Sworn (or affirmed)
before me at
this day of
19 .

Poll Clerk

I, the undersigned, appointed poll clerk for polling station no. ___ of the electoral district of ____________________, swear (or solemnly affirm) that the poll book used at the polling station has been kept to the best of my ability, that the total number of electors registered as having voted at this election is _____, that the poll book contains a true and exact record of the taking of the votes at the above-mentioned polling station, and that I have faithfully performed all my other duties as poll clerk. (Where an oath is taken, add "So help me God".)

Poll Clerk

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer

Number of names on official list of electors used at the poll ______

Number of names on supplementary list of electors taken at the poll _____

I certify that the above statement is correct.

Dated at ______________________ this _____________________ day of _______________, 19___.

Deputy Returning Officer

Electoral district of

I, _______________________________________, messenger, custodian appointed by _______________________, returning officer for the electoral district of _________________, swear (or solemnly affirm) that the ballot boxes to the number of _____ which were used at polling stations nos. ______ of this electoral district on polling day, now delivered by me to __________________, were handed to me by _______________________________________________________________ that they have not been opened by me or another person, and that they are in the same state as they were in when they came into my possession.

Signature of messenger
or custodian

Sworn (or affirmed)
before me at
this day of
19 .

Returning Officer or
Justice of the Peace

I, _____________________, returning officer, for the electoral district of __________________, declare that at the election held in this electoral district on the ___________________ day of _________________, 19__, the following candidate(s) __________________________________________________________________________________________________________________________________________________________________________ has (have) been elected as member(s) to serve in the House of Assembly for the electoral district of ___________________.

Dated at ________________________ this ____________________ day of ______________ 19___.

Returning Officer

I certify that the member (or members) elected for the electoral district of ___________________ in pursuance of the enclosed writ of election, having received the majority votes lawfully cast, is (are) (insert name, address, and occupation of member or members elected, as stated in the heading of the nomination paper).

Dated at ________________________ this ____________________ day of ______________ 19___.

Returning Officer

Electoral district of

Under section 122 of the Election Act, I appoint ____________________ of __________________________ as my official agent for the pending election.

Dated at ________________________ this ____________________ day of ______________ 19___.

Candidate

Official Agent

Signed by the official
agent in the presence
of:
_____________________

Electoral district of

I, __________________________________________, swear (or solemnly affirm) that I have reason to believe that, on the day fixed for polling at the pending election, I will be absent from and unable to vote in the polling division in which I am ordinarily resident. (Where an oath is taken, add "So help me God".)

Signature of Elector

Sworn (or affirmed)
before me at
this day of
19 .

Deputy Returning Officer
or Poll Clerk