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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER E-3

AN ACT RESPECTING THE FRANCHISE OF ELECTORS AND THE ELECTION OF MEMBERS TO THE HOUSE OF ASSEMBLY

Analysis

1. Short title

2. Definitions

3. Qualifications of electors

4. Exceptions to section 3

5. Disqualification

6. Lists of electors to be taken before election

7. Oath or affirmation of revising justice

8. Polling divisions to be established

9. Appointment of enumerators

10. Enumerators to prepare lists

11. Persons entitled to have names placed on lists of electors

12. Determination of residence

13. Determination of residence

14. Candidate may vote

15. List and copies to be forwarded to revising justice

16. Power to summon witnesses

17. Liability of enumerators

18. Obstruction of enumerator

19. Justice to certify copies of list

20. Revising justice to note objection

21. Objection to list of electors

22. Omission from list of electors

23. Where courts of revision to be held

24. Notice of holding of court of revision

25. Court of revision to be held

26. Original list of electors to be produced

27. Powers of court of revision

28. Court of revision to dispose of applications

29. Offence

30. Appeal

31. Notice of decision

32. Duties of revising justice

33. Compilation and printing of lists

34. Official lists of electors

35. Proclamation

36. Appointment of chief electoral officer

37. Powers of chief electoral officer

38. Appointment of staff of chief electoral officer

39. Writs of election

40. Returning officers

41. Notice

42. Posting of copies of public notice

43. Appointment of election clerks

44. Supplies

45. Qualifications of candidates

46. Nomination

47. Transmission of deposit

48. Attendance at place of nomination

49. Return of nomination proceedings

50. Withdrawal of candidate

51. Death of candidate after nomination day

52. Return by acclamation

53. Granting of a poll

54. Notice of the poll

55. Polling stations

56. Polling stations may be established outside of electoral district

57. Taking of poll in a polling division may be adjourned or deferred

58. Appointment of deputy returning officers

59. Where deputy returning officer dies or is dismissed

60. Certain persons may not be appointed election officers

61. Ballot boxes

62. Ballot papers and their form

63. Indictable offences

64. Supply of election material

65. Who may be present in polling station

66. Counting of ballot papers before opening of poll

67. Directions to be posted

68. Initialling of ballot papers

69. Who may vote

70. Elector refusing to be sworn

71. Misdescription of elector

72. Secrecy during and after poll

73. Delivery of ballot paper to elector

74. Corrections

75. Employees permitted 3 hours to vote

76. Returning officer and deputy to be conservators of the peace

77. Exclusion of armed persons

78. Counting of votes

79. Safekeeping of ballot boxes

80. Adjournment of addition of votes

81. Custody of ballot boxes

82. Returning officer to transmit documents to the chief electoral officer

83. Penalty for misconduct of returning officer

84. When recount may be had

85. Notice of time and place of recount

86. Returning officer to withhold return

87. Presence of clerk

88. Election officials to be present

89. Persons present at recount

90. Procedure by judge

91. Recount to be proceeded with continuously

92. Rules at recount

93. Sealing up ballots at close of recount

94. Review of returning officer's decision

95. When declaration of result to be given

96. Costs

97. Payment of deposit

98. Voter not required to say for whom he or she voted

99. Procedure

100. Competent witnesses

101. Limitation of actions

102. Election documents to be held by chief electoral officer

103. Lieutenant-Governor in Council may prescribe tariff of fees and expenses

104. Executory contracts void

105. Offence

106. Treating

107. Intimidation

108. Impersonation

109. Offence

110. Corrupt practices

111. Respecting oaths or affirmations

112. Irregularities

113. Interference with returning officer

114. Government officials

115. Liability of election officers

116. Inquiry into offences

117. Printed documents to bear name, etc., of printer

118. Hiring of vehicles

119. Illegal payment to electors

120. False statements

121. Procedure

122. Appointment of official agent

123. Petition

124. Petition complaining of no return

125. Where returning officer respondent

126. Two or more candidates may be respondents

127. Form of petition

128. Time for presenting petition

129. Amendment of petition

130. Petition complaining of no return

131. Counter petition

132. Presentation of petition

133. Security for costs

134. Notice of petition

135. Preliminary objections

136. Answer may be filed

137. List of petitioners

138. Trial of petition

139. Notice of trial

140. Adjournment of trial

141. Consolidation of petitions

142. Corrupt practice, agency

143. Special case

144. Certain corrupt practices not to void election

145. Candidates not liable in certain cases for corrupt practices

146. Certificate of judges

147. Judge's report to speaker

148. Report to be signed

149. Invalidation of election

150. Duty of speaker

151. Speaker to inform House of Assembly

152. Withdrawal of petition

153. Withdrawal in case of several petitioners

154. Costs

155. Abatement of petition

156. Taxation of costs

157. Powers of judges

158. Judges may make rules

159. Practice in cases not provided for

160. Advance polls

161. Appointment of additional election officers

162. Forms

163. Altering forms

164. Consolidation of amendments

165. Notices

166. Communication by telegraph

167. Disorderly conduct

168. Premature publications

169. Sunday or holiday

170. Publication of statistics

171. Holding of plebiscites

Schedule

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


Short title

1. This Act may be cited as the Election Act.

RSN1970 c106 s1

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Definitions

2. In this Act,

(a) "agent of a candidate" or "candidate's agent" means a person authorized in writing by a candidate to represent that candidate at an election or at a proceeding of an election;

(b) "candidate" or "candidate at an election" means a person who is officially nominated as a candidate at an election in accordance with this Act;

(c) "chief electoral officer" means the chief electoral officer referred to in section 36;

(d) "compiling officer" means the compiling officer referred to in section 6;

(e) "court" means the Trial Division of the Supreme Court of Newfoundland;

(f) "during an election" or "at an election" or "throughout an election" includes the period from the issue of the writ of election until the elected candidate is returned as elected;

(g) "election" means an election of members to serve a House of Assembly, and includes a by-election;

(h) "election documents" or "election papers" means the papers directed in this Act to be transmitted to the chief electoral officer after an election, by the returning officer, namely, the writ with the return of the elected candidate endorsed on it, the nomination papers filed by the candidates, the ballot papers unused, spoiled, rejected and counted for each candidate, the statements of the polls from which the official addition of the votes was made, and the other returns from the various polling stations enclosed in sealed envelopes, as prescribed in subsection 82(1);

(i) "election officer" includes the chief electoral officer, and every returning officer, election clerk, deputy returning officer, poll clerk or other person having a duty to perform during the conduct of an election under this Act;

(j) "elector" means a person qualified to vote at an election;

(k) "electoral district" means a place of territorial area entitled to return a member to serve in the House of Assembly;

(l) "enumerator" means a person appointed by a revising justice in accordance with this Act to prepare a list of electors in a polling division;

(m) "judge" means a judge of the Trial Division of the Supreme Court of Newfoundland;

(n) "list of electors" includes as the context indicates a list of electors prepared by an enumerator under this Act, a revised list of electors, an official list of electors, and a supplementary list of electors;

(o) "member" means a member of the House of Assembly;

(p) "minister" means the Minister of Justice;

(q) "nomination day" or "the day of nomination" means the day fixed by the Lieutenant-Governor in Council for nomination of a candidate under this Act;

(r) "oath" includes affirmation and statutory declaration;

(s) "official agent" means a person appointed by a candidate under section 122;

(t) "official list of electors" means a list of electors prepared, revised, compiled and printed in accordance with this Act;

(u) "revising justice" means a justice of the peace appointed or designated by the Lieutenant-Governor in Council in accordance with this Act to prepare and revise lists of electors for an electoral district or a part of the electoral district, when the justice acts in the territory assigned to him or her by the Lieutenant-Governor in Council for the purpose, and includes a justice sitting as a Court of Revision for a part of the territory so assigned to him or her;

(v) "speaker" means the Speaker of the House of Assembly or where the office of speaker is vacant or where the speaker is absent from the province or is unable to act, the Clerk of the House of Assembly or another officer performing the duties of clerk; and

(w) "supplementary list of electors" means a list of electors taken and filed at a polling station on polling day in accordance with this Act.

RSN1970 c106 s2; 1973 No48 s4; 1974 No80 s2; 1986 c42 Sch A

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Qualifications of electors

3. A person is qualified to vote at an election in the proper polling division of an electoral district who

(a) is at least 18 years old;

(b) is a Canadian citizen;

(c) has been ordinarily resident in the province for 6 months immediately preceding the day of election; and

(d) is ordinarily resident in the electoral district on the day of election.

1971 No14 s2; 1971 No69 s2; 1974 No80 s3;
1988 c39 s30; 1989 c12 s5

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Exceptions to section 3

4. Notwithstanding section 3, with respect to a member of the Canadian Forces, or of the Royal Canadian Mounted Police Force, stationed in the province, the spouse or dependents of a member, is qualified to vote at an election in the proper polling division of an electoral district who

(a) is at least 18 years old;

(b) is a Canadian citizen;

(c) has been ordinarily resident in the province for 1 month immediately preceding the day of election; and

(d) is ordinarily resident in the electoral district on the day of election,

and for the purpose of this section,

(e) a member of the Canadian Forces or of the Royal Canadian Mounted Police Force is considered to be ordinarily resident in the province for 1 month immediately preceding the day of election if he or she was stationed as a member of either of the above-mentioned forces for that 1 month and is considered to be ordinarily resident in the electoral district on the day of election if on that day he or she is stationed in either of the above-mentioned forces; and

(f) a spouse or dependent of a member referred to in paragraph (e) is considered to be ordinarily resident in the province for 1 month immediately preceding the day of election if that person was occupying residential quarters in the same electoral district as that member for that 1 month and is considered to be ordinarily resident in that electoral district on the day of election if on that day that person is occupying the residential quarters.

1971 No14 s2; 1971 No69 s2; 1974 No80 s4;
1985 c11 s8; 1988 c39 s30

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Disqualification

5. The chief electoral officer is disqualified from voting.

1988 c39 s25

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Lists of electors to be taken before election

6. (1) Unless there exists an official list of electors which is permitted by section 34 to be used at an election, the Lieutenant-Governor in Council shall, before that election is started, direct by order that lists of electors for the electoral districts in which the election is to be held shall be prepared, revised and compiled in accordance with this Act, and the electoral district in which the lists are to be so prepared, revised and compiled shall be designated in the order.

(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

(a) appoint a compiling officer who shall, in accordance with this Act, supervise the preparation and revision of the lists that are to be taken, arrange for the compilation and printing of all the lists and perform the other duties assigned to him or her, and who shall hold office during the course of the preparation, revision, compilation and printing of the lists; and

(b) designate or appoint justices of the peace to be known as revising justices, for the purpose of preparing and revising the lists of electors in each electoral district for which lists are to be taken, and for that purpose, may assign an electoral district or a part of the electoral district to a revising justice.

RSN1970 c106 s5

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Oath or affirmation of revising justice

7. A revising justice shall, before entering upon his or her duties, take and sign an oath or affirmation as in Form No. 3 of the Schedule and send the completed form containing the oath or affirmation to the chief electoral officer.

RSN1970 c106 s6

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Polling divisions to be established

8. (1) Before a list of electors is prepared for the territory assigned to a revising justice under section 6, the revising justice shall under the direction of the compiling officer divide that territory into parts to be known as polling divisions, giving consideration to geographical and all other factors that may affect the convenience of the electors in casting their votes, and each polling division shall where practicable contain not more than 275 electors, and the polling divisions shall be numbered consecutively.

(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.

RSN1970 c106 s7; 1974 No80 s5

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Appointment of enumerators

9. (1) Every revising justice shall under the direction of the compiling officer appoint enumerators to prepare lists of the electors in the polling divisions located in the electoral district or part of the electoral district assigned to the revising justice.

(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.

RSN1970 c106 s8; 1974 No80 s6

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Enumerators to prepare lists

10. (1) An enumerator shall in accordance with this Act and to the best of his or her knowledge and belief prepare a list of all qualified electors resident in every polling division for which he or she has been appointed.

(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.

RSN1970 c106 s9; 1974 No80 s7

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Persons entitled to have names placed on lists of electors

11. A person who when the list of electors is being prepared or revised would be qualified to vote in the polling division where he or she lives if an election were held there at that time is entitled to have his or her name placed on the list of electors for that polling division in accordance with this Act.

RSN1970 c106 s10

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Determination of residence

12. For the purpose of preparing and revising the lists of electors under this Act, the place where a person is ordinarily resident at a material time or during a material period shall be determined in accordance with the following rules:

(a) the place of residence of a person is the place that has always been, or that he or she has adopted as, the place of his or her habitation or home to which, when absent, he or she has the intention of returning;

(b) a person can have only 1 place of residence, which he or she cannot lose unless he or she gains another;

(c) a person changes his or her place of residence when he or she goes to another place with the intention of remaining there;

(d) a person does not gain a place of residence in the province or in an electoral district if he or she comes into the province for temporary purposes only, without the intention of making the province and some place in the electoral district his or her home;

(e) a person does not lose his or her place of residence because of temporary absence from that place;

(f) the place of residence of a married person is

(i) at the place where the family of the married person lives and sleeps and to which, when away, the married person intends to return, or

(ii) where the married person is living apart from the family with the intention of remaining so apart, then at the place where the married person lives and sleeps and to which, when away, the married person intends to return, without regard to where the married person takes meals or is employed; and

(g) the place of residence of a single person is at the place where he or she lives and sleeps, and to which, when away, he or she intends to return, without regard to where he or she takes his or her meals or is employed or where his or her family lives and sleeps.

RSN1970 c106 s11; 1971 No14 s2; 1971 No69 s3; 1973 No41 Sch; 1985 c11 s8

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Determination of residence

13. Notwithstanding section 12, for the purpose of preparing and revising the lists of electors under this Act, it shall be a rule that the place where

(a) a member of the Canadian Forces, or of the Royal Canadian Mounted Police Force, stationed in the province is ordinarily resident at a material time or during a material period is the place where he or she is stationed; and

(b) the spouse or dependent of a member referred to in paragraph (a) is ordinarily resident at a material time or during a material period is the place where the member is stationed if the spouse or dependent is, at that time or during that period occupying residential quarters in the same electoral district as that member.

1971 No14 s2; 1971 No69 s4; 1973 No41 Sch

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Candidate may vote

14. A candidate at an election who is not but for this section qualified as an elector in the district for which he or she is a candidate may, upon taking an oath or affirmation as in Form No. 43 of the Schedule, vote in that district instead of in the district where he or she would otherwise be entitled to vote.

1971 No14 s2; 1971 No69 s4; 1973 No41 Sch

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List and copies to be forwarded to revising justice

15. (1) An enumerator shall, when he or she has completed the preparation of the list of electors for a polling division in accordance with this Act, make out 6 correct copies of the list of electors and endorse at the end of the list and of each copy a certificate as in Form No. 6 of the Schedule signed by him or her.

(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.

RSN1970 c106 s12

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Power to summon witnesses

16. A revising justice may, while the lists of electors are being prepared under section 10, summon before him or her a person who he or she believes may be able to give evidence or other information necessary for the correct preparation of the lists.

RSN1970 c106 s13

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Liability of enumerators

17. A person appointed under this Act to prepare a list of electors who, wilfully and without reasonable excuse, includes in a list of electors prepared by him or her the name of a person whose name he or she has not good reason to believe should be included, or omits to include in the list the name of a person who he or she has good reason to believe has the right to have his or her name included is guilty of an offence.

RSN1970 c106 s14

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Obstruction of enumerator

18. A person who impedes or obstructs an enumerator in the performance of his or her duty under this Act is guilty of an offence.

RSN1970 c106 s15

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Justice to certify copies of list

19. (1) A revising justice shall, when he or she receives a list of the electors in a polling division and the copies of the list of electors delivered or forwarded to him or her under section 15, compare the copies with the original list, and where the revising justice finds a variation between the original list and the copies he or she shall make the corrections on the copies that he or she considers necessary, and when the revising justice is satisfied that the copies as received or as amended by him or her are correct copies he or she shall attach to them his or her certificate to that effect.

(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.

RSN1970 c106 s16

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Revising justice to note objection

20. Where a revising justice has reasonable cause to believe that a person whose name appears on a list of electors for a polling division is not qualified to vote at an election in that polling division he or she shall add the words "objected to" opposite the name of that person on the original list of electors and shall in accordance with this Act deal with the question of his or her qualification to so vote, at a sitting of a court of revision held for that polling division.

RSN1970 c106 s17

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Objection to list of electors

21. (1) An elector or an enumerator may object to the name of a person appearing on a list of electors for a polling division on the grounds that the person objected to is not qualified to vote at an election in that polling division, and a person who makes an objection under this section shall at least 4 days before the opening of the court of revision give notice of his or her objection, as in Form No. 8 of the Schedule, to the revising justice for the polling division, and as in Form No. 9 of the Schedule to the person to whom he or she objects.

(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.

RSN1970 c106 s18

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Omission from list of electors

22. An elector whose name has been omitted from the list of electors for a polling division may before the date prescribed for the closing of the court of revision for that polling division apply as in Form No. 10 of the Schedule to the revising justice to have his or her name added to the list, but the application may not be made at a sitting of a court of revision held by a revising justice during an extended period prescribed by him or her under subsection 28(3).

RSN1970 c106 s19

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Where courts of revision to be held

23. (1) As soon as the enumerators for the polling division assigned to a revising justice have been appointed, the revising justice shall, subject to the approval of the compiling officer, assemble the polling divisions in groups and determine the place at which a court of revision shall be held for each group and set the day on which the court of revision shall be held for each place.

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

RSN1970 c106 s20

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Notice of holding of court of revision

24. (1) As soon as the places and days for the holding of a court of revision in the territory assigned to a revising justice have been determined and set in accordance with section 23 the revising justice shall prepare copies of a public notice as in Form No. 11 of the Schedule setting out the days on and the hours during which the court of revision will be held at the several places approved by the compiling officer under section 23.

(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.

RSN1970 c106 s21

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Court of revision to be held

25. (1) Every revising justice shall hold a court of revision at the places determined and on the days and during the hours set, in accordance with this Act.

(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.

RSN1970 c106 s22

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Original list of electors to be produced

26. (1) At every sitting of a court of revision the revising justice shall produce the original lists of the electors prepared by the enumerators for the polling divisions to which the sitting relates, and before the court of revision is opened at a place the revising justice shall post up a copy of each of the lists sent to him or her by the enumerator and retained by him or her, at court of revision or in a place near the court to which the public have access.

(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.

RSN1970 c106 s23

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Powers of court of revision

27. (1) A revising justice holding a court of revision may

(a) summon before him or her a person and require the person summoned to give evidence orally or in writing upon oath or upon solemn affirmation and to produce those documents and things that the revising justice may consider necessary for the purpose of the court of revision; and

(b) adjourn the court of revision within the territory assigned to him or her 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).

RSN1970 c106 s24

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Court of revision to dispose of applications

28. (1) At the sittings of a court of revision held to revise the list of electors for a polling division, the revising justice shall dispose of

(a) an application made by a person who before the start of the sittings applied to the revising justice or to an enumerator to have his or her name added to the list of electors for a polling division and a verbal application made by a person at the sittings to have his or her name so added;

(b) an objection made by the revising justice under section 20;

(c) an objection made by an elector or enumerator in accordance with section 21, where the elector or the enumerator or someone acting on his or her behalf appears at the sitting;

(d) an application made to the revising justice before the close of the court of revision for the correction of the name or the particulars of an elector appearing on the list,

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.

RSN1970 c106 s25

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Offence

29. A person who applies under this Act to be included in a list of electors in the name of some other person, whether the name is that of a person living or dead, or of a fictitious person, or who, having once to his or her knowledge been properly included in a list of electors under this Act as an elector entitled to vote at an election applies to be included in a list of electors prepared for another polling division as an elector entitled to vote at the same election, is guilty of an offence.

RSN1970 c106 s26

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Appeal

30. (1) A person who claims to be an elector may appeal from a decision of a court of revision relating to his or her right to have his or her name included in a list of electors.

(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.

RSN1970 c106 s27

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Notice of decision

31. Where a Provincial Court judge on hearing an appeal under section 30 orders that the decision of the court of revision from which the appeal was taken shall be altered or reversed he or she shall forward the order by registered mail to the revising justice concerned and to the compiling officer, and the compiling officer shall make the alteration or other correction directed by the order in the original revised lists of electors and in the printed lists.

RSN1970 c106 s28

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Duties of revising justice

32. (1) When the sittings of a court of revision have been concluded the revising justice shall

(a) attach at the end of each original list of electors revised by him or her at the court of revision a certificate as in Form No. 12 of the Schedule signed by him or her; and

(b) record on each of the remaining copies of the lists of electors retained by him or her under section 19 all additions, deletions or other alterations made on the original list at the court of revision and attach at the end of each copy a certificate, as in Form No. 13 of the Schedule, signed by him or her.

(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.

RSN1970 c106 s29

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Compilation and printing of lists

33. (1) When he or she receives the lists of electors forwarded to him or her by a revising justice the compiling officer shall insert the names of and particulars relating to all electors added to the lists at a court of revision held in accordance with this Act in the lists for the proper polling divisions in the order prescribed by subsections 10(4) and (5)for the preparation of lists by enumerators, and shall print the lists, with the names of and particulars relating to each elector included in his or her proper polling division in that order, and at the top of the list for each polling division there shall be set out the number of that polling division and a sufficient description of its location.

(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.

RSN1970 c106 s30

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Official lists of electors

34. (1) The lists of electors prepared, revised, compiled and printed in accordance with this Act may be used as the official lists of electors at an election held before the expiration of 12 months from the date on which the printing of the lists for the province was completed.

(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.

RSN1970 c106 s32

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Proclamation

35. (1) An election shall be started by a proclamation of the Lieutenant-Governor in Council and the Lieutenant-Governor in Council shall in the proclamation

(a) appoint a day and place for the nomination of candidates and fix the day of polling in each electoral district in which the election is to be held;

(b) direct the issue of a writ of election for each electoral district in which an election is to be held; and

(c) fix the date on which the writs shall be issued and direct that they shall be returned at the time and in the manner prescribed by section 82.

(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.

RSN1970 c106 s33; 1974 No80 s9

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Appointment of chief electoral officer

36. (1) The Lieutenant-Governor in Council shall appoint a chief electoral officer.

(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.

RSN1970 c106 s34

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Powers of chief electoral officer

37. The chief electoral officer shall

(a) exercise general direction and supervision over the administrative conduct of the election and enforce on the part of the election officers fairness, impartiality and compliance with this Act;

(b) issue to election officers instructions that he or she may consider necessary to ensure effective execution of this Act; and

(c) perform all other duties that are imposed on him or her by or under this Act,

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

RSN1970 c106 s35

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Appointment of staff of chief electoral officer

38. The Lieutenant-Governor in Council may engage those officers, clerks and employees that he or she may consider necessary to assist the chief electoral officer in the preparation and conduct of the election and may fix their remuneration.

RSN1970 c106 s36

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Writs of election

39. A writ of election directed to be issued under section 35 shall be as in Form No. 14 of the Schedule, shall be dated on the day fixed by the Lieutenant-Governor in Council under that section, shall be returnable at the time and in the manner prescribed by section 82, shall be directed to the person in the electoral district that the Lieutenant-Governor in Council may determine, and shall be forwarded to the person to whom it is directed, immediately after it is issued.

RSN1970 c106 s37

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Returning officers

40. (1) A person to whom a writ of election is directed shall be the returning officer for the electoral district to which the writ relates, but, where a person to whom a writ of election has been directed refuses or is unable to act or is disqualified from acting or is removed, that writ may be withdrawn and a writ of election instead of it may be issued, directed to another person that the Lieutenant-Governor in Council may designate, and that person shall be the returning officer for the electoral district to which the writ relates.

(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.

RSN1970 c106 s38

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Notice

41. Where a writ of election has been withdrawn a notice of the withdrawal as in Form No. 16 of the Schedule, or in a form prescribed by the chief electoral officer shall be published in the Gazette.

RSN1970 c106 s39

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Posting of copies of public notice

42. Where he or she has received a writ of election directed to him or her or has been notified by telegraph that the writ has been issued a returning officer shall post a copy of a public notice as in Form No. 17 of the Schedule at a conspicuous place in every polling division in his or her electoral district.

RSN1970 c106 s40

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Appointment of election clerks

43. (1) Each returning officer, upon receipt of a writ of election or where he or she has been notified in accordance with this Act that a writ of election has been issued, shall immediately appoint an election clerk in writing as in Form No. 18 of the Schedule, and the election clerk shall be an elector ordinarily resident in the electoral district for which he or she is appointed and he or she shall take the oath or affirmation prescribed in Form No. 19 of the Schedule.

(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.

RSN1970 c106 s41

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Supplies

44. The chief electoral officer shall, as soon as practicable after the date of the issue of the writ of election, transmit to every returning officer a sufficient number of copies of this Act, instructions issued under it, copies of the official lists of electors for the electoral district in which the returning officer acts, poll books, other books, forms and other supplies for the proper conduct of the election.

RSN1970 c106 s42; 1974 No80 s10

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Qualifications of candidates

45. A person who

(a) is at least 18 years old;

(b) is a Canadian citizen;

(c) has been ordinarily resident in the province for 6 months immediately preceding nomination day; and

(d) is not disqualified by this or another Act for election to or from sitting in the House of Assembly,

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.

1971 No14 s2; 1971 No69 s5; 1973 No41 Sch;
1974 No80 s11; 1989 c12 s11

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Nomination

46. (1) Any 2 or more electors qualified to vote in an electoral district for which an election is to be held may nominate a candidate for the electoral district by signing a nomination paper as in Form No. 20 of the Schedule, stating in the nomination paper the nominee's

(a) name, from which name may be omitted any but 1 of his or her given names or in which any but 1 of his or her given names may be indicated by initial only;

(b) ordinary place of residence;

(c) occupation; and

(d) address for service of process and papers under this Act,

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

(a) not less than 2 of the persons, naming them, who have signed the nomination paper are qualified electors of the electoral district for which the election is to be held;

(b) they have signed it in the presence of the deponents; and

(c) the consent of the candidate was signed on the nomination paper in the presence of the deponent, or that the person named as candidate is absent from the province.

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

(a) the written consent of the person nominated, except where the person is absent from the province in which case the absence shall be stated in the nomination paper;

(b) an affidavit of the candidate as to his or her qualifications as in Form No. 22 of the Schedule; and

(c) a deposit of $100 in legal tender or a cheque made payable to the Newfoundland Exchequer Account for that amount drawn upon and accepted by a chartered bank.

(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.

RSN1970 c106 s44; 1974 No80 s12; 1989 c12 s11

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Transmission of deposit

47. (1) The returning officer shall transmit to the Comptroller General of Finance a deposit paid to him or her under section 46 immediately after he or she receives it.

(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.

RSN1970 c106 s45; 1989 c12 s11

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Attendance at place of nomination

48. (1) At 10:00 a.m. on nomination day the returning officer and election clerk shall both attend at the place stated in the proclamation issued under section 35 and shall remain there until 2:00 p.m. of the same day for the purpose of receiving nominations of candidates who have not already been nominated, but after 2:00 p.m. on nomination day further nominations shall not be received.

(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.

RSN1970 c106 s46

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Return of nomination proceedings

49. The returning officer shall make a return of the nomination proceedings held before him or her to the chief electoral officer, setting out the names of the candidates nominated and the names of the persons proposed and rejected for non-compliance with this Act.

RSN1970 c106 s47

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Withdrawal of candidate

50. (1) A candidate nominated may withdraw not later than 48 hours before the opening of the poll by filing with the returning officer a written declaration to that effect, signed by himself or herself and certified by the signatures of 2 qualified electors in the electoral district, and votes cast for the candidate who has so withdrawn 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.

RSN1970 c106 s48; 1989 c12 s11

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Death of candidate after nomination day

51. (1) Where a candidate dies after the close of the nominations and before the closing of the polls on polling day, the returning officer shall cancel notice of the poll and fix another day for the nomination of candidates, but a candidate nominated at the time of the countermand of the poll need not be again nominated.

(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.

RSN1970 c106 s49; 1989 c12 s11

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Return by acclamation

52. Where only 1 candidate or only the number of candidates who are authorized by law to be elected to represent the electoral district for which the election is being held are nominated, the returning officer shall immediately make his or her return to the chief electoral officer as in Form No. 23 of the Schedule declaring that a candidate is elected for the electoral district, and shall within 48 hours send a duplicate or certified copy of the return to the persons elected.

RSN1970 c106 s50

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Granting of a poll

53. Where more candidates than the number authorized to be elected for the electoral district are nominated the returning officer shall grant a poll for taking the votes of the electors.

RSN1970 c106 s51

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Notice of the poll

54. Within 2 days after the poll has been granted the returning officer shall post at a conspicuous place in each polling division in his or her electoral district a notice as in Form No. 24 of the Schedule of his or her having granted the poll stating

(a) the names, addresses and occupations of the candidates nominated, in the order in which they are to be printed on the ballot papers; and

(b) the polling stations established by him or her at which the poll will be taken within the polling divisions, and the boundaries and locations of the polling divisions.

RSN1970 c106 s52

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Polling stations

55. (1) The poll shall be held in 1 or more polling stations established for each polling division in premises with convenient access, with an outside door for admittance of electors, and having, where possible, another door through which they may leave after voting.

(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

(a) in an urban polling division the official list of electors shall be divided numerically according to the consecutive number given to each elector so that approximately an equal number of electors will be allotted to each polling station established in the polling division, and the polling stations established shall be designated by the number of the polling division to which shall be added the letters A, B, C and so on;

(b) in a rural polling division the official list of electors shall be divided so that the electors assigned to each polling station shall appear on a separate list in the order prescribed by section 10(4) for the preparation of the lists of electors in rural polling divisions, and the polling stations shall be designated by the number of the polling division to which shall be added the letters A, B, C and so on; and

(c) in an urban polling division where an alphabetical list of electors is prepared in accordance with subsection 10(3), the returning officer shall divide the list as directed by paragraph (b) of this subsection.

(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.

RSN1970 c106 s53; 1974 No80 s13; 1988 c39 s25

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Polling stations may be established outside of electoral district

56. (1) In addition to the polling stations established under section 55, the Lieutenant-Governor in Council may by proclamation establish

(a) 1 or more special polling stations for an electoral district in a place in the province outside of that electoral district; and

(b) a special polling station in a town or city for the district in which that town or city is located at which residents of that district who are absent from their own polling division on polling day, and at least 20 miles distant from it, may vote 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.

1974 No80 s14

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Taking of poll in a polling division may be adjourned or deferred

57. (1) Where because of obstruction or delay due to weather, or insufficient time to establish a polling station, or where for another reason, a returning officer or a deputy returning officer is prevented or hindered from proceeding with or taking the poll in a polling division or in a part of a polling division, the returning officer may direct that the taking of the poll in that polling division or part of a polling division be adjourned or deferred until the next day, not being Sunday, and the next succeeding day also, where necessary, in order to complete the taking of or to take the poll.

(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.

RSN1970 c106 s55

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Appointment of deputy returning officers

58. (1) As soon as convenient after the issue of the writ of election, the returning officer shall, in writing as in Form No. 25 of the Schedule, signed by him or her, appoint 1 deputy returning officer for each polling station established in his or her electoral district.

(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.

RSN1970 c106 s56

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Where deputy returning officer dies or is dismissed

59. (1) Where a deputy returning officer refuses to act or is disqualified or unable to perform his or her duties or is dismissed or dies and no other person is appointed in his or her place, the poll clerk, without taking another oath of office, shall act as deputy returning officer.

(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.

RSN1970 c106 s57

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Certain persons may not be appointed election officers

60. (1) Except a judge acting under the powers specifically conferred on him or her by this Act, the following persons shall not be appointed election officers:

(a) members of the Executive Council;

(b) members of the Parliament of Canada or of the House of Assembly;

(c) judges of the Court of Appeal and Trial Division;

(d) persons who have served in the Parliament of Canada or in the House of Assembly in the session immediately preceding the election, or in the then present session of Parliament or of the House of Assembly, where the election takes place during that session;

(e) persons who have been found guilty by a tribunal of controverted elections or of an offence under this Act;

(f) persons who are intending to declare as candidates; or

(g) persons rendered ineligible for appointment under section 114.

(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

(a) is in the constant or permanent service of a candidate; or

(b) is employed by a candidate or his or her agent or by another person on behalf of or in the interest of a candidate in or about the election,

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

RSN1970 c106 s58; 1986 c42 Sch B; 1988 c39 s6

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Ballot boxes

61. (1) The chief electoral officer may make for each electoral district those ballot boxes that are required, or he or she may give to the returning officer those instructions that are considered necessary to secure ballot boxes of uniform size and shape.

(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.

RSN1970 c106 s59

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Ballot papers and their form

62. (1) All ballot papers shall be of the same description and as nearly alike as possible.

(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.

RSN1970 c106 s60

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Indictable offences

63. (1) A person who

(a) forges, counterfeits, fraudulently alters, defaces or fraudulently destroys a ballot paper or the initials of the deputy returning officer affixed on a ballot paper;

(b) without authority supplies a ballot paper to a person;

(c) not being a person entitled to be in possession of a ballot paper has a ballot paper in his or her possession;

(d) fraudulently puts into a ballot box a paper other than a ballot paper which is authorized by this Act;

(e) fraudulently takes a ballot paper out of the polling station;

(f) without due authority destroys, takes, opens or otherwise interferes with a ballot box or book or packet of ballot papers then in use for the purpose of an election;

(g) being a deputy returning officer fraudulently puts, otherwise than as authorized by this Act, his or her initials on the back of a paper purporting to be or capable of being used as a ballot paper at an election;

(h) with fraudulent intent, prints a ballot paper or what purports to be or is capable of being used as a ballot paper at an election;

(i) being authorized by the chief electoral officer or a returning officer to print the ballot papers for an election, prints without authority more ballot papers than he or she is authorized to print;

(j) being a deputy returning officer, places upon a ballot paper, except as authorized by this Act, writing, number or mark with intent that the elector to whom the ballot paper is to be or has been given may be identified; or

(k) manufactures, constructs, brings into the province, has in possession, supplies to an election officer, or uses for the purpose of an election a ballot box containing or including a compartment, appliance, device or mechanism by which a ballot paper can be secretly placed or stored, or having been deposited during polling, can be secretly diverted, misplaced, affected or manipulated,

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.

RSN1970 c106 s61; 1979 c34 Sch

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Supply of election material

64. (1) The returning officer shall provide to each deputy returning officer as soon as is reasonably possible before the opening of the poll on polling day

(a) a sufficient number of ballot papers for at least the number of electors on the official list of electors to be used at the polling station for which he or she has been appointed;

(b) a statement showing the number of ballot papers supplied with their serial numbers;

(c) the necessary materials for electors to mark their ballot papers;

(d) at least 10 copies of printed directions as in Form No. 32 of the Schedule for the guidance of electors in voting;

(e) a copy of this Act and a copy of the instructions referred to in section 44;

(f) the official list of electors for use at the polling station for which he or she has been appointed;

(g) a ballot box and seals;

(h) a poll book;

(i) the several forms of oaths or affirmations to be administered to electors; and

(j) necessary envelopes and other forms and supplies authorized or provided by the chief electoral officer.

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

(a) those supplies referred to in paragraph (1)(e) carefully in his or her possession; and

(b) the poll book, list of electors, forms of oaths or affirmations, envelopes, ballot papers and other supplies except those referred to in paragraph (1)(e) carefully sealed in the ballot box and shall take every precaution for their safe-keeping and to prevent a person from having unlawful access to them.

RSN1970 c106 s62

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Who may be present in polling station

65. (1) No person, other than the deputy returning officer and the poll clerk, the candidates and their agents, not exceeding 1 for each candidate in each polling station, and the official agents of the candidates, shall be permitted to remain in a polling station.

(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.

RSN1970 c106 s63; 1974 No80 s15

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Counting of ballot papers before opening of poll

66. (1) Where the agents entitled to be present in the polling station during the hours of polling are in attendance at least 15 minutes before the hour fixed for opening the poll, they shall be entitled to have the ballot papers intended for use carefully counted in their presence before the opening of the poll and to inspect the ballot papers and all other papers, forms and documents relating to the poll.

(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.

RSN1970 c106 s64

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Directions to be posted

67. The deputy returning officer shall, on polling day, at or before the opening of the poll, post the printed directions to electors that have been supplied to him or her as in Form No. 32 of the Schedule to be posted up at conspicuous places near the polling station and in each voting compartment of the polling station.

RSN1970 c106 s65

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Initialling of ballot papers

68. (1) Before the opening of the poll, on polling day, the deputy returning officer shall, at the polling station and in full view of the candidates or their agents, affix uniformly his or her initials in the space provided for that purpose on the back of every ballot paper supplied to him or her by the returning officer, and the initials of the deputy returning officer shall be affixed with a black lead pencil but the ballot papers shall not then be detached from the books in which the ballot papers have been bound or stitched.

(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.

RSN1970 c106 s66

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Who may vote

69. (1) Except as otherwise provided in this Act and subject to his or her taking an oath or affirmation required under this Act, a person qualified to vote at an election whose name appears on the official list of electors for a polling station shall on polling day be permitted to vote at the polling station, where he or she is then resident in the polling division for which that polling station has been established.

(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

(a) in that place determined in accordance with section 12; or

(b) where for the purpose of attending the educational institution he or she is living and sleeping in another polling division from that where is his or her place of residence within the meaning of section 12, where he or she so elects, in that other polling division, whether the 2 material polling divisions are in the same electoral district or are in different electoral districts.

(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.

RSN1970 c106 s67; 1971 No14 s2; 1971 No69 s6; 1973 No41 Sch; 1974 No80 s16; 1985 c11 s8

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Elector refusing to be sworn

70. (1) An elector where required by the deputy returning officer, the poll clerk, 1 of the candidates, or an agent of a candidate shall, before receiving his or her ballot paper, take an oath or affirmation as in Form No. 37 or Form No. 38 of the Schedule, and where he or she refuses to take it, erasing lines shall be drawn through his or her name in the poll book, and the words "refused to be sworn" shall be written after the erasing lines.

(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.

RSN1970 c106 s68; 1971 No14 s2; 1971 No69 s7; 1973 No41 Sch

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Misdescription of elector

71. (1) Where the correct name, address and occupation of a person demanding a ballot paper is not on the official list of electors for the appropriate polling station but there is contained in the list a name, address and occupation which corresponds so closely to the name, address and occupation of that person as to suggest that the entry in the list was intended to refer to him or her, that person shall, upon taking an oath or affirmation as in Form No. 39 of the Schedule be entitled to receive a ballot paper and to vote.

(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.

RSN1970 c106 s69

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Secrecy during and after poll

72. (1) A candidate, deputy returning officer, poll clerk, candidate's agent or other person in attendance at a polling station or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and a candidate, deputy returning officer, poll clerk, candidate's agent or other person shall not

(a) at the polling station interfere with or attempt to interfere with an elector when marking his or her ballot paper, or attempt to obtain information as to the candidate for whom an elector is about to vote or has voted;

(b) communicate information as to the manner in which a ballot paper has been marked in his or her presence in the polling station;

(c) directly or indirectly, induce or try to induce an elector to show his or her ballot paper after he or she has marked it, so as to make known to a person the name of the candidate for whom he or she has so cast his or her vote;

(d) communicate to a person information obtained at a polling station as to the candidate for whom an elector at that polling station is about to vote or has voted; or

(e) at the counting of the votes attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is cast on a particular ballot paper.

(2) An elector shall not,

(a) upon entering the polling station and before receiving a ballot paper, openly declare for whom he or she intends to vote;

(b) show his or her ballot paper, when marked, so as to allow the name of the candidate for whom he or she has voted to be known; or

(c) before leaving the polling station openly declare for whom he or she has voted.

(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.

RSN1970 c106 s70

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Delivery of ballot paper to elector

73. (1) Voting shall be by ballot, and each elector shall receive from the deputy returning officer a ballot paper, on the back of which the deputy returning officer has, as prescribed in section 68(1), affixed his or her initials, so placed, as indicated on the back of Form No. 30 of the Schedule, that when the ballot paper is folded the initials can be seen without unfolding the ballot paper.

(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

(a) a note of his or her having voted on a 2nd ballot paper issued under the same name;

(b) the fact of the oath or affirmation of identity having been taken, and the fact of another oath or affirmation required having been taken; and

(c) the objections made on behalf of any of the candidates, naming the candidate.

(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).

RSN1970 c106 s71

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Corrections

74. The poll clerk shall

(a) make the additions, entries, alterations and erasures in the poll book that the deputy returning officer directs in accordance with this Act;

(b) enter in the poll book, opposite the name of each elector, as soon as the elector's ballot paper has been deposited in the ballot box, the word "voted";

(c) enter in the poll book, opposite the name of an elector whose ballot paper has been marked for him or her, the reason why the ballot paper was so marked;

(d) enter in the poll book, opposite the name of an elector to whom a 2nd ballot paper has been delivered after the defacement or destruction of the 1st, the words "2nd ballot";

(e) enter in the poll book opposite the name of an elector to whom a ballot paper has been given after another has voted in the same name and who has taken the oath or affirmation of an impersonated elector as in Form No. 40 of the Schedule, the words "2nd voter";

(f) enter in the poll book, the word "sworn" or "affirmed" opposite the name of each elector to whom an oath or affirmation as to qualifications or otherwise has been administered, indicating the nature of the oath or affirmation;

(g) enter in the poll book the words "refused to answer" opposite the name of each elector who has refused to take an oath or to affirm, when he or she has been lawfully required to answer; and

(h) enter in the poll book the other entries that the deputy returning officer, in accordance with this Act, directs him or her to make.

RSN1970 c106 s72

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Employees permitted 3 hours to vote

75. (1) An employee who is a qualified elector shall, while the polls are open on polling day at an election, have 3 consecutive hours for the purpose of casting his or her vote, and where the hours of his or her employment do not allow for 3 consecutive hours, his or her employer shall allow him or her additional time for voting that may be necessary to provide the 3 consecutive hours and an employer shall not make a deduction from the pay of that employee or impose upon or exact from him or her a penalty because of absence from his or her work during those consecutive hours, and the additional time for voting shall be granted at the convenience of the employer.

(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.

RSN1970 c106 s73

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Returning officer and deputy to be conservators of the peace

76. (1) A returning officer, during an election, and a deputy returning officer, during the hours that the polls are open, shall be a conservator of the peace with all the powers appertaining to a justice of the peace, and he or she may

(a) require the assistance of justices of the peace, peace officers or other persons present, to help him or her, in maintaining peace and good order at the election;

(b) arrest or cause by oral order to be arrested, and place in the custody of a peace officer or other person, a person disturbing the peace and good order at the election; and

(c) cause the arrested person to be imprisoned under an order signed by him or her until an hour not later than the close of the poll.

(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.

RSN1970 c106 s74; 1979 c35 Sch A

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Exclusion of armed persons

77. (1) Except the peace officers and the special peace officers appointed by the returning officer or the deputy returning officers for the orderly conduct of the election or poll and the preservation of the public peace, a person shall not come during a part of the day upon which the poll is to remain open into or about a polling station armed with offensive weapons, such as firearms, swords, staves, bludgeons, or the like, and a person being in or about the polling station shall not arm himself or herself during a part of the day with an offensive weapon, unless called upon so to do by lawful authority.

(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.

RSN1970 c106 s75; 1974 No80 s17

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Counting of votes

78. (1) Immediately after the close of the poll, in the presence and in full view of the poll clerk and the candidates or their agents and of at least 2 electors where none of the candidates are represented, the deputy returning officer shall, in the following order

(a) count the number of electors whose names appear in the poll book as having voted and make an entry of the number on the line immediately below the name of the elector who voted last, thus: "The number of electors who voted at this election in this polling station is (stating the number)", and sign his or her name to it;

(b) count the spoiled ballot papers, place them in the special envelope supplied for that purpose and indicate on the envelope the number of the spoiled ballot papers and seal it;

(c) count the unused ballot papers, place them with all the stubs of all used ballot papers in the special envelope supplied for that purpose and indicate on the envelope the number of unused ballot papers;

(d) check the number of ballot papers supplied by the returning officer against the number of spoiled ballot papers, the number of unused ballot papers and the number of electors whose names appear in the poll book as having voted, in order to ascertain that all ballot papers are accounted for;

(e) open the ballot box and empty its contents upon a table; and

(f) count the number of votes cast for each candidate on 1 of the tally sheets supplied, giving full opportunity to those present to examine each ballot paper, and the poll clerk and at least 2 witnesses shall each be supplied with a tally sheet upon which he or she may keep his or her own score as each vote is called out by the deputy returning officer.

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

(a) which have not been supplied by him or her;

(b) which have not been marked for a candidate;

(c) on which votes have been cast for more candidates than are to be elected; or

(d) upon which there is writing or mark by which the elector could be identified;

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

(a) it has on it any writing, number or mark placed on it by the deputy returning officer;

(b) it has been marked with a writing instrument other than a black lead pencil or it has a mark other than a cross if the mark does not constitute identification of the elector; or

(c) it is marked out of or partly out of the place where it should be marked.

(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

(a) the ballot paper is one that has been supplied by him or her; and

(b) the omission has really been made, and that every ballot paper supplied to him or her by the returning officer has been accounted for, as provided by paragraph (1)(d).

(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

(a) place in the ballot box a large envelope supplied for the purpose, bearing the special gummed seal provided initialled by the deputy returning officer, the poll clerk and the candidates or agents who are present, containing the poll book in its own proper envelope supplied for the purpose, the ballot papers<197>unused, spoiled, rejected and counted for each candidate and the stubs of used ballot papers<197>each lot in its proper envelope supplied for the purpose and sealed in the manner prescribed by subsection (8), the supplementary list of electors filed under section 69 in its proper envelope supplied for the purpose, all oaths or affirmations taken under section 70 together with all other oaths or affirmations of electors taken at the poll and together with all other forms and documents used in the election and not specifically referred to in this subsection in a proper envelope supplied for the purpose, making sure that the documents referred to in subsection (12) are not enclosed in the large envelope referred to in this paragraph or in the envelopes referred to in paragraphs (b) and (c),

(b) ascertain that there is in the ballot box the official statement of the poll prepared for the returning officer placed in its proper envelope as provided for by subsection (10) but not enclosed in another envelope, and

(c) place in the ballot box a large envelope supplied for the purpose, 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 provided for use at the polling station and not specifically referred to in this paragraph or in paragraphs (a) and (b),

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

(a) statements of the count during the counting of the votes as prescribed by the chief electoral officer where it is possible to do so and the chief electoral officer so directs; and

(b) a preliminary statement of the poll as soon as available after the votes have been counted,

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)

(a) the official statement of the poll referred to in subsection (10) shall not be enclosed in the ballot box but sent by registered mail to the chief electoral officer who in turn shall forward it to the returning officer for the electoral district concerned;

(b) the preliminary statement of the poll referred to in subsection (12) shall be sent by registered mail to the returning officer of the electoral district for which the special polling station was established; and

(c) the preliminary statement of the poll referred to in paragraph (13)(b) shall be communicated by telephone or telegraph to the chief electoral officer as directed by the returning officer.

(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.

RSN1970 c106 s76; 1974 No80 s18

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Safekeeping of ballot boxes

79. (1) The returning officer upon the receipt of each ballot box, shall take every precaution for its safekeeping and for preventing a person other than himself or herself and his or her election clerk from having access to the ballot boxes and the returning officer shall examine the special metal seal affixed to each ballot box by the deputy returning officer, under subsection 78(11), and where it is not in good order, the returning officer shall affix his or her own special metal seal, and he or she shall record the condition of the special metal seal required to be affixed by the deputy returning officer to every ballot box in the appropriate column of his or her record book.

(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,

(a) the large envelope found in the ballot box and appearing to contain miscellaneous papers; and

(b) the envelope containing the poll book, and make a copy of the completed statement of the poll as signed in the poll book,

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.

RSN1970 c106 s77; 1974 No80 s19

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Adjournment of addition of votes

80. (1) Where the ballot boxes are not all returned on the day fixed by the official addition of the votes, the returning officer shall adjourn the proceedings to a subsequent day, which shall be not more than a week later than the day originally fixed for the official addition of the votes.

(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

(a) a ballot box for a polling station has been destroyed or lost after the votes in it were counted, and it is not possible to ascertain in accordance with this section the exact number of votes cast for each candidate at that polling station;

(b) after the opening of the poll and before the votes were counted by the deputy returning officer a ballot box for a polling station containing votes cast by electors has been destroyed or so damaged that the votes so cast cannot be counted; or

(c) between the opening and the closing of the poll a polling station is destroyed or so damaged as to be unusable,

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

(d) where it is determined that the result of the election would not have been affected the returning officer shall declare elected the candidates appearing to have the majority of the votes on the addition of the votes so cast, but

(e) where it is determined that the result of the election would have been affected the returning officer shall direct that another poll shall be held at and for the polling station, at a time to be appointed by him or her as soon as convenient within not more than 20 days from the holding of the 1st poll, and the returning officer shall postpone the declaration of the poll until after the holding of the 2nd poll under this subsection.

(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.

RSN1970 c106 s78

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Custody of ballot boxes

81. After the close of the election, the chief electoral officer shall have the care and custody of all ballot boxes.

RSN1970 c106 s79

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Returning officer to transmit documents to the chief electoral officer

82. (1) The returning officer, immediately after the 12th day following the date upon which he or she has completed the official addition of the votes, unless before that time he or she has received notice that he or she is required to attend before a judge for the purpose of a recount, and where there has been a recount, then immediately after the recount, shall transmit in the manner directed by the chief electoral officer or by registered mail to the chief electoral officer

(a) a copy of the declaration of election completed as in Form No. 53 of the Schedule and referred to in subsection 79(7);

(b) the writ of election, with his or her return as in Form No. 54 of the Schedule endorsed that the candidates entitled to be elected are declared to be elected;

(c) a report of his or her proceedings in the form prescribed by the chief electoral officer, together with his or her record book;

(d) recapitulation sheets, in the form prescribed by the chief electoral officer, showing, in respect of each polling station, the number of votes cast for each candidate and the number of rejected ballot papers, and containing observations the returning officer thinks appropriate respecting the state of the election papers received from his or her deputy returning officers;

(e) the official statements of the poll as in Form No. 51 of the Schedule, from which the official addition of the votes was made; and

(f) the nomination papers of each candidate together with the affidavits of attestation of the nomination papers,

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.

RSN1970 c106 s80

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Penalty for misconduct of returning officer

83. Notwithstanding section 101, where a returning officer wilfully delays, neglects or refuses to declare elected a person who ought to be so declared that person may, where it has been determined on the hearing of an election petition that the person was entitled to have been declared elected, sue the returning officer having so wilfully delayed, neglected or refused to declare him or her elected in the Supreme Court and shall recover a sum not exceeding $500 together with all damages sustained by him or her and full costs of suit where the action is started within 6 months after the conclusion of the trial of the petition relating to the election.

RSN1970 c106 s81

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When recount may be had

84. Where, within 10 days after that on which the returning officer has made the addition of the votes for the purpose of declaring a candidate elected, upon the application of a candidate or a voter by affidavit to a judge, that a deputy returning officer has in counting the votes,

(a) improperly counted a ballot paper;

(b) improperly rejected a ballot paper; or

(c) made an incorrect statement of the number of ballots cast for a candidate,

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.

RSN1970 c106 s82; 1974 No57 s38(264(j))

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Notice of time and place of recount

85. At least 4 days' notice in writing of the time and place appointed shall be given to the candidates and to the returning officer and the election clerk, and the judge may, at the time of the application or afterwards, direct that substituted service of the notice may be made upon the candidates, the returning officer and the election clerk, or that the service of the notice may be made by mail, or in another manner that he or she thinks appropriate.

RSN1970 c106 s83

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Returning officer to withhold return

86. The returning officer after the receipt of the notice shall delay making his or her return to the chief electoral officer until he or she receives a certificate from the judge of the result of the recount or final addition, and upon receipt of the certificate shall make his or her return.

RSN1970 c106 s84

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Presence of clerk

87. The judge may require a clerk of the Trial Division to be present at the time and place appointed.

RSN1970 c106 s85; 1986 c42 Sch A

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Election officials to be present

88. The returning officer and his or her election clerk shall attend at the time and place appointed with the envelopes containing the ballot papers, or the original statements of the poll.

RSN1970 c106 s86

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Persons present at recount

89. (1) The returning officer and the election clerk shall be present at the recount or final addition, and each candidate shall be entitled to be represented by not more than 3 agents, and may himself or herself be present.

(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.

RSN1970 c106 s87

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Procedure by judge

90. At the time and place appointed, and in the presence of the persons mentioned in section 89, the judge shall make the final addition from the statements of the poll returned by the deputy returning officers, or recount all the votes or ballot papers returned by the deputy returning officers and shall, in the latter case, open all the sealed envelopes containing,

(a) the used ballot papers which have been counted;

(b) the rejected ballot papers;

(c) the spoiled ballot papers; and

(d) the unused ballot papers.

RSN1970 c106 s88

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Recount to be proceeded with continuously

91. (1) The judge shall, where practicable, proceed continuously, except on Sunday, with the recount or final addition of the votes, allowing only time for refreshment, and excluding, except where he or she and the persons present agree, the hours been 6:00 p.m. and 9:00 a.m. the following morning.

(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.

RSN1970 c106 s89

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Rules at recount

92. The judge shall, in the case of a recount, proceed according to the rules for the counting of ballot papers at the close of the poll by a deputy returning officer, and shall verify and correct the statement of the poll.

RSN1970 c106 s90

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Sealing up ballots at close of recount

93. Upon the completion of the recount the judge shall seal up all the ballot papers in their separate envelopes, and upon the completion of a final addition he or she shall seal up the original statements of the poll in their respective envelopes.

RSN1970 c106 s91

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Review of returning officer's decision

94. (1) The judge shall, where he or she considers it appropriate or where required by a candidate, review the decision of the returning officer with respect to the number of votes given for a candidate at a polling place, where the ballot box used was not available when he or she made his or her decision, or when the proper statements or papers were not found in it.

(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.

RSN1970 c106 s92

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When declaration of result to be given

95. (1) The judge shall within 2 days after the recount or final addition certify the result to the returning officer who shall then immediately declare to be elected the candidate having the greatest number of votes.

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

RSN1970 c106 s93

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Costs

96. (1) The costs of the recount or final addition shall be in the discretion of the judge who may order by whom, to whom, and in what manner they shall be paid.

(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.

RSN1970 c106 s94; 1986 c42 Sch A

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Payment of deposit

97. Where costs are directed to be paid by the applicant, the money deposited as security for costs shall be paid out to the party entitled, where necessary, and where the deposit is insufficient, execution may issue out of the Trial Division upon the judge's order for the balance.

RSN1970 c106 s95; 1986 c42 Sch A

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Voter not required to say for whom he or she voted

98. A person who has voted at an election shall not, in a legal proceeding to question the election or the result of the election, be required to state for whom he or she has voted.

RSN1970 c106 s96

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Procedure

99. It shall be sufficient for the plaintiff in a civil action or suit taken under this Act to state that the defendant is indebted to him or her in the sum of money claimed, and to state the particular provision under which the action arises, without mentioning the writ of election or the return.

RSN1970 c106 s97

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Competent witnesses

100. In a civil action, suit or proceeding, under this Act, the parties, and the spouses of the parties shall be competent and compellable to give evidence to the same extent and subject to the same exceptions as in other civil suits, but the evidence shall not be used in an indictment or criminal proceeding under this Act against a party or witness.

RSN1970 c106 s98

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Limitation of actions

101. A prosecution for an offence under this Act, and an action, suit or proceeding for a monetary penalty given by this Act to the person suing for it, shall be started within 1 year after the act or omission on which it is grounded, unless the commencement is prevented by the withdrawal or absconding of the defendant out of the jurisdiction of the court, and once started shall be proceeded with and carried on without delay.

RSN1970 c106 s99

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Election documents to be held by chief electoral officer

102. (1) The chief electoral officer shall have the care and custody of all documents and ballot boxes transmitted to him or her by the returning officer.

(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,

(a) where only the contents of that envelope, or any of its contents, are required, remove those contents and reseal the ballot box with a numbered metal seal, making a record of the number on the seal used, and providing the Deputy Minister of Justice with a copy of the record; or

(b) where the ballot box is required or the ballot box and any of the contents of that envelope are required, use that ballot box or ballot box and any of the contents of that envelope for the purpose of the election.

(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.

RSN1970 c106 s100; 1973 No48 s4(u);
1974 No57 s38(264)(k)); 1974 No80 s20; 1983 c2 s1; 1986 c42 Sch A

Lieutenant
Back to Top -Governor in Council may prescribe tariff of fees and expenses

103. (1) The Lieutenant-Governor in Council may by order prescribe the tariff of fees, costs, allowances and expenses to be paid and allowed to revising justices, enumerators, the compiling officer, election officers and other persons employed at or with respect to elections under this Act and may amend the tariff and may fix different fees for different electoral districts.

(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.

RSN1970 c106 s101

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Executory contracts void

104. An executory contract, promise or undertaking referring to, arising out of or depending upon an election under this Act, except for the payment of lawful expenses or the doing of some lawful act, shall be void.

RSN1970 c106 s102

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Offence

105. (1) A person is guilty of an offence who

(a) gives or promises to give to a person money or other consideration to induce an elector to vote or refrain from voting for a candidate or to refrain from voting at an election;

(b) gives or promises to give to a person money or other consideration, in order to induce the person to procure, or try to procure the election of a person to serve as a member of the House of Assembly or the vote of an elector at an election;

(c) in consequence of a gift, loan, offer, promise, procurement or agreement, procures or promises or tries to procure, the election of a person to serve as a member of the House of Assembly or the vote of an elector at an election;

(d) advances or pays money to or to the use of another person, with the intent that the money or a part of the money shall be spent in bribery at an election, or who knowingly pays money to a person in discharge or repayment of money wholly or in part expended in bribery at an election;

(e) directly or indirectly on account of and as payment for voting or for his or her having voted or for illegally agreeing or having agreed to vote for a candidate at an election, or on account of and as payment for his or her having illegally assisted or agreed to assist a candidate at an election, applies to the candidate or his or her agent, for the gift or loan of money or valuable consideration, or the promise of the gift or loan of money or valuable consideration or for an office, place or employment, or for the promise of an office, place or employment;

(f) before or during an election, directly or indirectly receives, agrees or contracts for money, gift, loan or valuable consideration, office, place or employment, for himself or herself or for another person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at an election;

(g) after an election, directly or indirectly receives money or valuable consideration for having voted or refrained from voting at an election or for having induced another person to vote or refrain from voting at an election; or

(h) in order to induce a person to allow himself or herself to be nominated as a candidate, or to refrain from becoming a candidate or to withdraw, where he or she has become a candidate, gives or procures an office, place or employment, or agrees to give or procure, or offers or promises to procure, or to try to procure an office, place or employment for that person.

(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.

RSN1970 c106 s103

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Treating

106. (1) A candidate who corruptly, himself or herself or by or with a person, or by another means on his or her behalf either before or during an election, directly or indirectly gives or provides or pays wholly or in part expenses incurred for meat, drink, refreshment or provision to or for a person, in order to be elected or for being elected, or for the purpose of corruptly influencing that person or another person to vote or refrain from voting at an election, is guilty of an offence.

(2) Subsection (1) does not apply to

(a) an official agent who as an election expense; or

(b) a person other than an official agent who at his or her own expense

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.

RSN1970 c106 s104

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Intimidation

107. (1) A person who directly or indirectly makes use of or threatens to make use of force, violence or restraint, or inflicts, or threatens to inflict by himself or herself, or by another person, an injury, damage, harm or loss upon or against a person in order to induce or compel that person, to vote or refrain from voting or on account of that person having voted or having refrained from voting at an election, or who by abduction, duress or a fraudulent device impedes or prevents the free exercise of the franchise by an elector, or who compels, induces or prevails upon an elector either to vote or refrain from voting at an election is guilty of an offence.

(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.

RSN1970 c106 s105

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Impersonation

108. A person is guilty of the indictable offence of impersonation who at an election

(a) applies for a ballot paper in the name of some other person, whether the name is that of a person living or dead, or of a fictitious person;

(b) having voted once at the election, applies at the same election, for another ballot paper; or

(c) aids, abets, counsels, procures or tries to procure the commission by a person of impersonation as defined in this section.

RSN1970 c106 s106

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Offence

109. A person who, at an election votes or attempts to vote knowing that he or she is disqualified, non-qualified or incompetent to vote, is guilty of an offence.

RSN1970 c106 s107

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Corrupt practices

110. Offences under sections 105 to 109 shall be considered to be corrupt practices within the meaning of this Act.

RSN1970 c106 s108

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Respecting oaths or affirmations

111. A person before whom it is required that an oath be taken or an affirmation be made in the manner provided in this Act may administer an oath or affirmation required by this Act, and the deputy returning officer may administer the oath or affirmation except the one that may be required to be administered to the returning officer.

RSN1970 c106 s109

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Irregularities

112. An election shall not be declared invalid because of

(a) an irregularity on the part of the returning officer, or an irregularity in the proceedings preliminary to the poll;

(b) lack of qualification in an election officer;

(c) lack of qualification in a person signing a nomination paper received by the returning officer under this Act;

(d) a failure to hold a poll at a place appointed for holding a poll;

(e) non-compliance with the provisions of this Act as to the taking of the poll or the counting of the votes or as to limitations of time;

(f) failure to open or close a poll on the hour prescribed by this Act; or

(g) a mistake in the use of the forms contained in the Schedule,

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.

RSN1970 c106 s110

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Interference with returning officer

113. A candidate or a person on his or her behalf who directs, controls, or advises a returning officer in or about a matter pertaining to the duties of the returning officer, is guilty of a corrupt practice.

RSN1970 c106 s111

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Government officials

114. (1) A person employed by a department of the government, or employed on public work being performed under a contract with the government shall not be eligible to hold an office in connection with an election, or to act as a candidate's agent.

(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.

RSN1970 c106 s113; 1974 No57 s38;
1974 No80 s22; 1986 c42 Sch B

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Liability of election officers

115. An election officer who fails or refuses to comply with this Act, unless the election officer establishes that, in so failing or refusing to comply, he or she was acting in good faith, that his or her failure or refusal was reasonable, and that he or she had no intention to affect the result of the election or to permit a person to vote who he or she did not believe was qualified to vote, or to prevent a person from voting who he or she did not believe was not qualified to vote, is guilty of an offence.

RSN1970 c106 s114; 1974 No57 s38

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Inquiry into offences

116. (1) Where it appears to the chief electoral officer that an election officer has been guilty of an offence against this Act, it shall be his or her duty to make the inquiry that appears to be called for in the circumstances, and where it appears to the chief electoral officer that the proceedings for the punishment of the offence have been properly taken or should be taken and that his or her intervention would be in the public interest, it shall be his or her duty to assist in carrying on the proceedings and to incur the expense that it may be necessary to incur for those purposes.

(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.

RSN1970 c106 s115; 1974 No57 s38

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Printed documents to bear name, etc., of printer

117. (1) A printed advertisement, handbill, placard or poster having reference to an election shall bear upon its face the name and address of its printer and publisher, and a person printing, publishing, distributing or posting up, a document, unless it bears upon its face that name and address is guilty of an offence, and where he or she is a candidate or an agent of a candidate is guilty of an illegal practice.

(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.

RSN1970 c106 s116; 1974 No57 s38

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Hiring of vehicles

118. It shall be lawful for a candidate or a person on his or her behalf to convey a voter to or from a polling place, and to pay the expense, and where the nature of a district is such that an elector living in the district is unable at an election for the district to reach his or her polling station without crossing the sea or a branch or arm of the sea, the elector may be provided by the candidate or a person on his or her behalf with a reasonable amount of food and other refreshments, not including spirituous or fermented liquor or other strong drink.

RSN1970 c106 s117; 1974 No57 s38

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Illegal payment to electors

119. A person who before, during or after an election directly or indirectly or by any means or device pays or promises to pay or receives or agrees to accept payment in whole or in part for time spent, or for wages or other earnings or the possibility of loss by an elector who may intend to vote, in going to, being at or returning from the poll or a polling station, or going to, being at or returning from the neighbourhood of the poll, is guilty of an illegal practice and of an offence.

RSN1970 c106 s118; 1974 No57 s38

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False statements

120. A person who, before or during an election, for the purpose of affecting the return of a candidate at an election, makes or publishes a false statement of fact in relation to the personal character or conduct of that candidate is guilty of an illegal practice and of an offence.

RSN1970 c106 s119; 1974 No57 s38

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Procedure

121. (1) An indictable offence against this Act may be prosecuted alternatively on indictment or by way of summary conviction.

(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

(a) for every offence which is a corrupt practice the sum of $200 and costs; and

(b) for every offence which is an illegal practice, the sum of $100 and costs.

RSN1970 c106 s120; 1974 No57 s38

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Appointment of official agent

122. (1) A candidate may appoint an official agent, and where an official agent is appointed the candidate shall, as soon as he or she is appointed, give notice to the returning officer of the name, address and occupation of his or her official agent as in Form No. 55 of the Schedule.

(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.

RSN1970 c106 s121; 1974 No57 s38

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Petition

123. (1) A petition complaining of an undue return or undue election of a member, or of no return or double return, or of an unlawful act committed by a candidate not returned by which the candidate is alleged to have become disqualified to sit in the House of Assembly may be presented to the Trial Division by

(a) a person who had the right to vote at the election to which the petition relates;

(b) a person who voted at the election; or

(c) a candidate at the election.

(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.

RSN1970 c106 s122; 1974 No57 s38;
1986 c42 Sch A

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Petition complaining of no return

124. Where a petition is presented under this Act complaining of no return, the order may be made by the court that is considered expedient for compelling a return to be made, or the court may allow the petition to be tried in the manner provided with respect to ordinary election petitions.

RSN1970 c106 s123; 1974 No57 s38

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Where returning officer respondent

125. Where an election petition complains of the conduct of a returning officer, the returning officer shall be considered to be a respondent.

RSN1970 c106 s124; 1974 No57 s38

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Two or more candidates may be respondents

126. Two or more candidates may be made respondents to the same petition, and their cases may, for the sake of convenience, be tried at the same time, but for the purpose of the security to be given on behalf of the petitioner and for all other purposes of this Act the petition shall be considered to be a separate petition against each respondent.

RSN1970 c106 s125; 1974 No57 s38

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Form of petition

127. The petition presented under section 123 need not be in a particular form, but it shall complain of the undue return or undue election of a member or that no return has been made or that a double return has been made or of matter contained in a special return made or of some unlawful act committed by a candidate not returned by which the candidate is alleged to have become disqualified to sit in the House of Assembly, and it shall be signed by the petitioner, or by all of the petitioners where there are more than 1.

RSN1970 c106 s126; 1974 No57 s38

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Time for presenting petition

128. A petition referred to in section 123 shall be presented within 2 months after the day on which polling was held for the election named in the petition, unless it questions the return or election upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by a member, or on his or her account, or with his or her consent, since the time of the return, in which case the petition may be presented at a time within 1 month after the date of the payment.

RSN1970 c106 s127; 1974 No57 s38

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Amendment of petition

129. A petition presented within the time limited by this Act may for the purpose of questioning the return of the election upon an allegation of a corrupt or illegal practice be amended with the leave of the Trial Division within the time within which a petition questioning the return upon the allegation of that corrupt or illegal practice can under this Act be presented.

RSN1970 c106 s128; 1974 No57 s38;
1986 c42 Sch A

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Petition complaining of no return

130. Where a petition complains of no return it may be presented after the expiration of 7 days after the day upon which the return should have been made and before it is made.

RSN1970 c106 s129; 1974 No57 s38

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Counter petition

131. A candidate against whom a petition has been presented may, within 15 days from the presenting of the petition, present a petition to the court complaining of the undue return or undue election of a person, or of an unlawful act committed by a person who has been a candidate at an election under this Act.

RSN1970 c106 s130; 1974 No57 s38

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Presentation of petition

132. Presentation of a petition shall be made by delivering it at the office of the Registrar of the Supreme Court during office hours.

RSN1970 c106 s131; 1974 No57 s38

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Security for costs

133. At the time of the presentation of the petition, the petitioner shall deposit with the Registrar of the Supreme Court the sum of $400 as security for the payment of all costs, charges and expenses that may become payable by the petitioner, and where that amount is deposited with the registrar he or she shall give the petitioner a receipt.

RSN1970 c106 s132; 1974 No57 s38

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Notice of petition

134. Notice of the presentation of a petition under this Act and of the security, accompanied by a copy of the petition shall, within 10 days or a further time that the court may allow from the filing of the petition, be served on the respondent, and substituted service may be made by leave of the court as prescribed by the Judicature Act and the Rules of the Supreme Court made under the Judicature Act.

RSN1970 c106 s133; 1974 No57 s38;
1986 c42 Sch A; 1987 c41 s7

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Preliminary objections

135. Within 5 days after service of the petition and notice, or a further time that the court may allow, the respondent may file in the Registry of the Trial Division a preliminary objection or grounds of insufficiency which he or she may have to urge against the petition or petitioners, or against further proceedings, and shall at the same time serve a copy upon the petitioner, and the court shall hear the parties and shall decide the matter in a summary manner.

RSN1970 c106 s134; 1974 No57 s38;
1986 c42 Sch A

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Answer may be filed

136. Within 5 days after the decision upon the preliminary objection or on the expiration of the time for presenting the preliminary objection where none are presented, the respondent may file a written answer to the petition and serve a copy upon the petitioner, but whether or not the answer is filed, the petition shall be held to be at issue after the expiration of the time for filing it, and the court may upon the application of either party, fix a convenient time for the trial of the petition.

RSN1970 c106 s135; 1974 No57 s38

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List of petitioners

137. The Registrar of the Supreme Court shall, as soon as possible, make out a list of all petitions presented under this Act which are at issue placing them in the order in which they were presented, and the list shall be open to inspection by a person making application, and the petitions shall be tried in the order in which they stand on the list.

RSN1970 c106 s136; 1974 No57 s38

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Trial of petition

138. (1) An election petition shall be tried by 2 judges without a jury.

(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.

RSN1970 c106 s137; 1974 No57 s38

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Notice of trial

139. Notice of the time and place at which election petitions will be tried shall be given not less than 10 days before the day on which the trial is to take place.

RSN1970 c106 s138; 1974 No57 s38

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Adjournment of trial

140. The trial may be adjourned and may be continued at another place, where special circumstances are shown to exist by affidavit which in the opinion of the judge make it desirable to do so, but the trial shall where practicable be proceeded with until concluded.

RSN1970 c106 s139; 1974 No57 s38

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Consolidation of petitions

141. Where more than 1 petition is presented relating to the same election or return, all the petitions may be dealt with, on the application of the respondent, in the same manner as actions may be consolidated according to the practice of the court.

RSN1970 c106 s140; 1974 No57 s38

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Corrupt practice, agency

142. Unless the judges otherwise direct, a charge of corrupt practice may be gone into and evidence in relation to corrupt practice received before proof has been given of agency on the part of a candidate in respect of the corrupt practice.

RSN1970 c106 s141; 1974 No57 s38

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Special case

143. Where, upon the application of a party to an election petition made to the judges, it appears to the judges that the case raised by the petition can be conveniently stated as a special case, they may direct the case to be so stated, and a special case shall be heard before them, and they shall give the judgment that appears to be just, and shall certify to the speaker their decision on the special case in the manner and time provided by this Act.

RSN1970 c106 s142; 1974 No57 s38

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Certain corrupt practices not to void election

144. Where a corrupt practice is committed by an agent without the knowledge or consent of the candidate, if the corrupt practice was of such a trifling nature or extent that the result of the election cannot have been affected by the corrupt practice either alone or in conjunction with other corrupt practices at the election, the corrupt practice shall not void the election.

RSN1970 c106 s143; 1974 No57 s38

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Candidates not liable in certain cases for corrupt practices

145. Where it appears to the court upon the trial of an election petition that an act constituting in law a corrupt practice was committed by a candidate or with his or her knowledge and consent, but without a corrupt intent and by an inadvertence which was excusable, and that the evidence showed the candidate to have honestly wished and in good faith tried, as far as he or she could, to have the election conducted according to law, the candidate shall not be subjected to the penalties and disabilities which he or she would, but for this section, incur.

RSN1970 c106 s144; 1974 No57 s38

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Certificate of judges

146. At the conclusion of the trial the judges shall determine whether the candidate whose election or return is complained of is valid or whether another person was returned or elected, or whether the election was void, and shall immediately certify in writing the determination to the speaker, attaching a copy of the notes of the evidence.

RSN1970 c106 s145; 1974 No57 s38

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Judge's report to speaker

147. Where a charge is made in an election petition of a corrupt practice having been committed at the election to which the petition refers, the judges shall, in addition to and when forwarding the certificate referred to in section 146, report in writing to the speaker

(a) whether a corrupt practice has or has not been proved to have been committed by or with the knowledge or consent of a candidate at the election and the nature of the corrupt practice;

(b) the names of all persons who have been proved at the trial to have been guilty of a corrupt practice; and

(c) whether there is reason to believe that corrupt practices have extensively prevailed at the election to which the petition relates.

RSN1970 c106 s146; 1974 No57 s38

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Report to be signed

148. (1) Every certificate and every report sent to the speaker under this Act shall be signed by both judges.

(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.

RSN1970 c106 s147; 1974 No57 s38

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Invalidation of election

149. Where it is found by the report of the judges upon a petition under this Act that a corrupt practice has been committed by, or with the knowledge or consent of a candidate at the election complained of, the candidate shall be considered to be personally guilty of the corrupt practice and his or her election, if he or she has been elected, shall be void, and the candidate shall be incapable of again being a candidate for election during the existence of that House of Assembly to which he or she claimed to have been elected.

RSN1970 c106 s148; 1974 No57 s38

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Duty of speaker

150. The speaker shall, at the earliest practicable moment after he or she receives the certificate and report, of the judges, give the necessary directions, and adopt all the proceedings necessary for confirming or altering the return, or, for the issuing of a writ for a new election, for which purpose the speaker may address his or her warrant, signed and sealed, to the Clerk of the Executive Council, or for otherwise carrying the determination into execution, as circumstances require.

RSN1970 c106 s149; 1974 No57 s38

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Speaker to inform House of Assembly

151. The speaker shall, without delay, communicate to the House of Assembly the determination, report and certificate of the judges and his or her own proceedings.

RSN1970 c106 s150; 1974 No57 s38

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Withdrawal of petition

152. An election petition may be withdrawn by leave of the court on application of the petitioner, subject to the terms that the court may direct, or may upon the application of the respondent and by leave of the court be dismissed after 2 months from filing of the petition, for lack of prosecution.

RSN1970 c106 s151; 1974 No57 s38

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Withdrawal in case of several petitioners

153. Where there is more than 1 petitioner, an application to withdraw a petition shall not be made, except with the consent of all the petitioners.

RSN1970 c106 s152; 1974 No57 s38

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Costs

154. Where a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent, unless the court otherwise orders.

RSN1970 c106 s153; 1974 No57 s38

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Abatement of petition

155. (1) An election petition under this Act shall be abated by the death of a sole petitioner or of the survivor of several petitioners or by the death of the respondent.

(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.

RSN1970 c106 s154; 1974 No57 s38

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Taxation of costs

156. All costs, charges and expenses paid or incurred by a party to an election petition shall be taxed and allowed by the Registrar of the Supreme Court and may be recovered by execution as in ordinary cases.

RSN1970 c106 s155; 1974 No57 s38

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Powers of judges

157. (1) Two judges trying an election petition under this Act

(a) are considered to be the Trial Division and have all of the powers of summoning and compelling the attendance of witnesses and process and punishment for contempt as the Trial Division and have all other powers, jurisdiction and authority of the Trial Division; and

(b) are the highest court of final resort in the province for deciding cases raised by election petitions.

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

RSN1970 c106 s156; 1974 No57 s38;
1986 c42 Sch A

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Judges may make rules

158. (1) The judges of the Trial Division may make, amend and revoke rules for the regulation of the practice, procedure and costs with respect to election petitions and the trial of election petitions, and the rules, while in force, shall have the same effect as if they were made by this Act.

(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.

RSN1970 c106 s157; 1974 No57 s38;
1986 c42 Sch A

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Practice in cases not provided for

159. In matters not provided for by this Act, or by rules made under this Act, or by the provisions of the Judicature Act and the Rules of the Supreme Court made applicable by this Act, the principles, practice and rules under which election petitions touching the election of members to the House of Commons of Canada are dealt with, shall be observed in the trial of election petitions where they can, consistently with this Act, be observed.

RSN1970 c106 s158; 1974 No57 s38;
1986 c42 Sch A; 1987 c41 s7

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Advance polls

160. (1) The Lieutenant-Governor in Council may order that an advance poll shall be held in an election for the purpose of receiving the votes of persons qualified to vote at the election who are blind or physically handicapped or who have reason to believe that, on the day fixed for polling at the election, they will be absent from and unable to vote in the polling division in which they are ordinarily resident, and the Lieutenant-Governor in Council may fix the number of advance polls to be held in an electoral district, the places at and the days upon and the hours during which the advance polls shall be held, and where an advance poll is so ordered to be held, it shall be held in accordance with this section.

(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.

RSN1970 c106 s159; 1974 No80 s23

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Appointment of additional election officers

161. The chief electoral officer may, during the course of an election and before the closing of the poll, appoint or authorize the appointment of additional election officers.

RSN1970 c106 s160

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Forms

162. The chief electoral officer may, where he or she considers it necessary or desirable to do so,

(a) vary the forms contained in the Schedule to suit a special case or class of cases; or

(b) prescribe forms in addition to those contained in the Schedule.

RSN1970 c106 s161

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Altering forms

163. For the purpose of this Act the chief electoral officer may alter the forms in the Schedule where he or she considers it necessary to do so in order to make them conform to this Act.

1974 No80 s24

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Consolidation of amendments

164. The chief electoral office may, where he or she considers it desirable to do so, consolidate this Act and amendments to this Act and correct and reprint all forms and instructions affected and the providing of a copy of the consolidation, where approved by the Minister of Justice, to a deputy returning officer shall be considered to be compliance with paragraph 64(1)(e) with respect to the providing of a copy of this Act to a deputy returning officer, but where there is conflict between this Act and a consolidation, this Act shall prevail.

RSN1970 c106 s162

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Notices

165. Where an election officer is by this Act authorized or required to give a public notice and no special mode of notification is prescribed the notice may be by advertisement, placard, handbill, or otherwise as he or she considers will best effect the purpose intended.

RSN1970 c106 s163

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Communication by telegraph

166. (1) Where it appears to the chief electoral officer when an election is being held that necessary communication for the purpose of that election with or within an electoral district will probably be interrupted during the election by the severity of the season, or by the absence or temporary severance of another means of communication than that available by telegraph or telephone, he or she may direct that the contents of the writ of election and all necessary instructions, information, forms proclamations, notices, appointments, reports, returns, other than the written return of the returning officer as to the result of the election, and other election documents be transmitted to or within the electoral district to or by the returning officer, deputy returning officers, and other election officers by radio, telegraph, telephone or otherwise.

(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.

RSN1970 c106 s164

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Disorderly conduct

167. (1) A person who, between the date of the issue of the writ of election and the day after polling day at an election acts 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 illegal practice and of an offence.

(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.

RSN1970 c106 s165

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Premature publications

168. No person in attendance at a poll or at the counting of the votes shall publish a result of the poll or of the counting at the poll until the conclusion of the count on polling day, but nothing in this section shall prevent the publication of the results of the court by the returning officer or by the chief electoral officer.

RSN1970 c106 s166

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Sunday or holiday

169. Where an act is required by this Act to be done on a day a stated number of days before or after a named event and that day is a Sunday or holiday, then if the act is required to be done before the event it shall be done on the day before the Sunday or the holiday, and if after, on the day after the Sunday or the holiday.

RSN1970 c106 s167

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Publication of statistics

170. (1) The chief electoral officer shall publish within 9 months after each provincial general election and each by-election a book containing pertinent statistics of the election, including poll by poll results of each electoral district.

(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.

1974 No80 s25

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Holding of plebiscites

171. (1) Where it appears to the Lieutenant-Governor in Council that an expression of opinion of the voters is desirable on a matter of public concern, the Lieutenant-Governor may direct that a plebiscite be held to obtain that expression of opinion.

(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.

1974 No80 s25

 

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Schedule

FORMS

Form No. 1

Appointment of an Enumerator
(Section 9)

Electoral district of

To

(Insert full name, residence and occupation)

Under the Election Act, I, the undersigned, in my capacity as revising justice for ____________________, appoint you to be an enumerator for polling division no. ____ in the electoral district of ____________________ to prepare a list of electors qualified to vote in the polling division, in accordance with this Act.

Signed at _______________________ this _____________________ day of ______________ 19___.


Revising Justice

 

Form No. 2

Oath of an Enumerator
(Section 9)

Electoral district of

I, the undersigned, _______________________, appointed enumerator for polling division no. ___ in the electoral district of ____________________, swear (or solemnly affirm) that I will act faithfully in my capacity of enumerator, without partiality, fear, favour or affection, and in every way according to law. (Where an oath is taken, add "So help me God".)


Enumerator

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


Revising Justice or
Justice of the Peace

 

Form No. 3

Oath or Affirmation of Revising Justice
(Section 7)

Electoral district of

I, the undersigned, _______________________, revising justice under the Election Act, do swear (or solemnly affirm) that I will act faithfully in my capacity of revising justice, without partiality, fear, favour or affection, and in every respect according to law. (Where an oath is taken, add "So help me God".)


Revising Justice

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


Justice of the Peace or
Commissioner for Oaths

 

Form No. 4

List of Electors
(Section 10)

Electoral district of ________________ urban polling division no. _____ (comprising the area included within ____________________)

(Description of boundaries of polling division)

Street
Address

Name of Elector (Family name first)

Occupation

Consecutive Number

Remarks

North Street

 

 

 

 

200

James, Joan

Painter

1

 

46

Jones, William

Teacher

2

 

85

Fisher, Mary

Railway Employee

3

 

Water Street

 

 

 

 

225

Warren, Basil

Clerk

4

 

304

Stewart, Jane

Grocer

5

 

678

Davis, Walter

Mechanic

6

 

 

Form No. 5

List of Electors
(Section 10)

Electoral district of
Rural polling division no.
comprising

(Description of boundaries of polling division)

Consecutive Number

Name (Family name first)

Occupation

P.O. Address

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Form No. 8

Notice of Objection to the Name of a Person
Appearing on a List of Electors
(Section 21)

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

 

Form No. 9

Notice of Objection to whose Name an
Objection is Made
(Section 21)

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

 

Form No. 10

Application to have Name Included in List of Electors
(Section 22)

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

(Here state particulars of qualifications)

 

Form No. 11

Public Notice
(Section 24)

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

Place

Date

Hours

Polling divisions for which lists of electors will be revised

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Form No. 14

Writ of Election
(Section 39)

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

(Insert name, surname and address of returning officer)

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

 

Form No. 15

Oath of Returning Officer
(Section 40)

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

 

Form No. 16

Public Notice
(Section 41)

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

 

Form No. 17

Public Notice
(Sections 42 and 51)

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

 

Form No. 18

Appointment of an Election Clerk
(Section 43)

Electoral district of

To

(Insert full name, residence and occupation)

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

 

Form No. 19

Oath of Election Clerk
(Section 43)

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

 

Form No. 20

Nomination Paper
(Section 46)

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:

Name of Witness

Address of Witness

Occupation of Witness

Name of Elector

Address of Elector

Occupation of Elector

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Form No. 21

Affidavit of Attestation of the Nomination Paper
(Section 46)

Electoral district of
Province of Newfoundland

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

1.That I know the following persons who have signed the enclosed nomination paper, namely, ___________________________________, and that they are qualified as electors in the electoral district of ___________________ to vote at the election of a member to serve in the House of Assembly, and that they respectively signed the nomination paper in my presence.

2. That I know _____________________ nominated as a candidate by the enclosed nomination paper and that he or she signed his or her consent to the nomination in my presence

or

2. That to the best of my knowledge, information and belief, ________________, nominated as a candidate by the enclosed nomination paper, is absent from the province, and that belief is based upon___________________________________________________________________________________________. (here state the grounds of belief that candidate is absent from the province)


Signature of Deponent

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


Returning Officer

 

Form No. 22

(Section 46)

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

1. That I am at least 18 years old.

2. That I am a Canadian citizen.

3. That I have been ordinarily resident in the Province of Newfoundland for 6 months immediately preceding nomination day for the pending election.

4. That I am not disqualified by the Election Act, or another Act for election to or from sitting in the House of Assembly.


Candidate

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


Returning Officer, Justice of
the Peace or Commissioner
for Oaths

 

Form No. 23

Return where there are no more Candidates
than Members to be Elected
(Section 52)

I certify that the member(s) elected for the electoral district of ____________________ in pursuance of the enclosed writ, is (are) ________________________________________________________ (insert name(s), address(es) and occupation(s) of member(s) elected as stated on
_________________________.
nomination paper(s))

Dated at _______________________ this _____________________ day of ______________ 19___.


Returning Officer

 

Form No. 24

Notice of Grant of a Poll
(Sections 54 and 80)

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:

1. _______________________________________________
(name, add. and occ. of each candidate as given in the nomination paper)

2. ________________________________________________

3. ________________________________________________

4. ________________________________________________

5. ________________________________________________

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


Returning Officer

 

Form No. 25

Appointment of a Deputy Returning Officer
(Section 58)

Electoral district of

To

(Insert full name, address and occupation)

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

 

Form No. 26

Oath or Affirmation of a Deputy Returning Officer
(Section 58)

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

 

Form No. 27

Appointment of a Poll Clerk
(Section 58)

To

(Insert name, address and occupation of poll clerk)

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

 

Form No. 28

Oath of a Poll Clerk
(Sections 58 and 59)

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

 

Form No. 29

Appointment of a Poll Clerk by a Poll Clerk
Acting as Deputy Returning Officer
(Section 59)

To

(Insert name, address and occupation of poll clerk)

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

Form of Ballot Paper (Sections 62 and 73)

Front

 

JONES, John
Bonavista
Fisherman

 

JONES, Willian
64 South Street, St. John's
Gentleman

 

SMITH, Mary
24 North Street, Corner Brook
Technician

Back

No. 200 #9;

No. 200

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)

 

Form No. 31

Affidavit of Printer Respecting the Printing of Ballot Papers
(Section 62)

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

1 That I am ____________________ (insert "the sole member" or "one of the members of the Firm of" or "the _______________ of the __________ Co. Ltd.") by whom or by which ballot papers have been printed in connection with the pending election in the electoral district of ____________________.

2. That _____ sheets of ballot paper numbered as follows ________ were received from the chief electoral officer for the above-mentioned electoral district for the printing of the ballot papers which contained the names and particulars of _____________ candidates, each of the sheets is cut into ____________ ballot papers.

3. That the number of ballot papers properly printed and delivered to the returning officer is ______ and that no other ballot papers have been supplied to another person.

4. That ______ sheets of ballot paper numbered as follows __________ were not required and have been sent back to the chief electoral officer in the condition in which sheets were received.

5. That every piece of ballot paper spoiled in printing has been delivered to the chief electoral officer.


Signature of Printer

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


Justice of the Peace
or Returning Officer

 

Form No. 32

Directions to Electors
(Sections 64 and 67)

1. Each elector on entering the room where the poll is to be held shall declare his or her name, surname and occupation and when he or she has done so he or she shall receive a ballot paper.

2. Each elector may vote only at 1 polling station and for only 1 candidate, unless 2 or more members are to be returned for the electoral district, in which case he or she may vote for 1 or more candidates as he or she thinks appropriate.

3. After being handed a ballot paper by the deputy returning officer, the elector shall go into a voting compartment and, with a black lead pencil there provided, shall make a cross thus X, within the space on the ballot paper containing the name and particulars of the candidate for whom the elector wishes to vote.

The elector shall then fold the ballot paper so that the initials of the deputy returning officer on the back and the number on the counterfoil can be seen and the counterfoil detached without unfolding the ballot paper, and he or she shall then return the ballot paper so folded to the deputy returning officer, who shall, in full view of those present, including the elector, remove the counterfoil, destroy it, and the deputy returning officer shall then himself or herself place the ballot paper in the ballot box and the elector shall immediately leave the polling station.

4. Where an elector inadvertently spoils a ballot paper, he or she may return it to the deputy returning officer who, on being satisfied of the fact, will give him or her another.

5. Where an elector votes for more candidates then he or she is entitled to vote for or places a mark on the ballot paper by which he or she can afterwards be identified, his or her vote will not be counted.

6. An elector shall not take a ballot paper out of the polling station or fraudulently put into the ballot box a paper other than the paper given him by the deputy returning officer.

In the following specimen of ballot paper, given for illustration, the candidates are John Jones, William Jones and Mary Smith, and the elector has marked his or her ballot paper in favour of Mary Smith:

 

JONES, John
Bonavista
Fisherman

 

 

JONES, Willian
64 South Street, St. John's
Gentleman

 

 

SMITH, Mary
24 North Street, Corner Brook
Technician

X

 

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

 

Form No. 34

Poll Book
(Section 68)

Electoral district of

Consecutive No.

Particulars of elector

given each elector as he or she applies for a ballot paper

Name of Elector (Family name first)

Occupation

Post Office address

Consecutive No. of elector on official list

Form numbers of oaths the elector is required to swear

Record that oaths sworn or refused (Where sworn, insert "Sworn" or "Affirmed"; where refused, insert "Refused to be Sworn" or "Refused to Affirm" or "Refused to Answer")

Particulars of elector whose name has been entered on supplementary list

Name

Record that oath (Form 35) sworn (when sworn insert "Sworn")

Record that elector has voted (Where ballot paper put into ballot box, insert "Voted")

Remarks

 

 

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

 

Form No. 35

Oath or Affirmation of Elector whose Name does not Appear on Official List of Electors
(Section 69)

Electoral district of
Polling station no.

I, the undersigned, ______________________________, swear or solemnly affirm: (name, address and occ. of app.)

1. That I am a Canadian citizen at least 18 years old, that I have been ordinarily resident in the Province of Newfoundland for the 6 months immediately preceding the pending election, and I am now ordinarily resident (or resident by virtue of subsections 69(5) to (9) of the Election Act) in this electoral district.

2. That I now live in this polling division.

3. That, to the best of my knowledge and belief I am not disqualified as an elector in this polling division, at the pending election, under the Election Act

4. That I have not received anything nor has anything been promised to me directly or indirectly in order to induce me to vote or to refrain from voting at this election.

5. That I have not already voted at this election or been guilty of any corrupt or illegal practice in relation to the election. (Where an oath is taken, add "So help me God".)


Applicant

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


Deputy Returning Officer
or Poll Clerk

 

Form No. 36

Oath or Affirmation of Elector whose Name does not Appear on Official List of Electors

(The Canadian Forces and R.C.M.P. Form)

(Section 70)

Electoral district of
Polling station no.

I, the undersigned, ______________________________, swear or solemnly affirm: (name, address and occ. of app.)

1. That I am a Canadian citizen at least 18 years old, that I am a member of the Canadian Forces (or of the Royal Canadian Mounted Police Force) (or the spouse of a member of the Canadian Forces or of the Royal Canadian Mounted Police Force)(or a dependent of a member of the Canadian Forces or of the Royal Canadian Mounted Police Force), that I have been ordinarily resident, by virtue of section 4 of the Election Act, in the Province of Newfoundland for 1 month immediately preceding the pending election, and that I am now ordinarily resident, by virtue of section 4, in this electoral district.

2. That I now live, by virtue of section 4, in this polling division.

3. That, to the best of my knowledge and belief, I am not disqualified as an elector in this polling division, at the pending election, under the Election Act.

4. That I have not received anything nor has anything been promised to me directly or indirectly in order to induce me to vote or to refrain from voting at this election.

5. That I have not already voted at this election or been guilty of any corrupt or illegal practice in relation to the election. (Where an oath is taken, add "So help me God".)


Applicant

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


Deputy Returning Officer
or Poll Clerk

 

Form No. 37

Oath of Qualification
(Section 70)

Electoral district of Polling station no.

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

1. That I am a Canadian citizen at least 18 years old, that I have been ordinarily resident in the Province of Newfoundland for the 6 months immediately preceding the pending election, and that I am now ordinarily resident (or resident by virtue of subsections 69(5) to (9) of the Election Act in this electoral district.

2. That to the best of my knowledge and belief, I am not disqualified as an elector in this polling division, at the pending election under the Election Act.

3. That I have not received anything nor has anything been promised to me directly or indirectly in order to induce me to vote or to refrain from voting at this election.

4. That I have not already voted at this election or been guilty of any corrupt or illegal practice in relation to the election. (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

 

Form No. 38

Oath of Qualification

(The Canadian Forces and R.C.M.P. Form)

(Section 70)

Electoral district of
Polling station no.

I, the undersigned, ______________________________, swear or solemnly affirm: (name, address and occupation)

1. That I am a Canadian citizen at least 18 years old, that I am a member of the Canadian Forces (or of the Royal Canadian Mounted Police Force) (or the spouse of a member of the Canadian Forces or of the Royal Canadian Mounted Police Force)(or a dependent of a member of the Canadian Forces or of the Royal Canadian Mounted Police Force), that I have been ordinarily resident, by virtue of section 4 of the Election Act, in the Province of Newfoundland for 1 month immediately preceding the pending election, and that I am now ordinarily resident, by virtue of section 4, in this electoral district.

2. That, to the best of my knowledge and belief, I am not disqualified as an elector in this polling division, at the pending election, under the Election Act.

3. That I have not received anything nor has anything been promised to me directly or indirectly in order to induce me to vote or to refrain from voting at this election.

4. That I have not already voted at this election or been guilty of any corrupt or illegal practice in relation to the election. (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

 

Form No. 39

Oath or Affirmation that Elector is the Person Intended to
be Referred to in the List of Electors
(Section 71)

Electoral district of
Polling station no.

I, the undersigned, ______________________________, swear or solemnly affirm: (name, address and occ. of elector)

1. That I am qualified to vote at this election.

2. That I believe that I am the person intended to be referred to in the list of electors used at this polling station under the name of ___________________ whose occupation is given as ____________________ and whose address is given as . So help me God.


Elector

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


Deputy Returning Officer
or Poll Clerk

 

Form No. 40

Oath of an Impersonated Elector
(Sections 73 and 74)

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

 

Form No. 41

Oath of Incapacitated Elector
(Section 73)

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

 

Form No. 42

Oath of Friend of Blind Elector
(Section 73)

Electoral district of
Polling station no.

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

1. That I will keep secret the name of the candidate for whom the ballot paper of the blind elector is marked by me.

2. That I have not already acted as the friend of a blind elector for the purpose of marking his or her ballot at this election. (Where an oath is taken, add "So help me God".)

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


Deputy Returning Officer
or Poll Clerk

 

Form No. 43

Oath or Affirmation of Candidate
(Section 14)

Electoral district of
Polling station no.

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

1. That I am a candidate for the election in the electoral district of ___________.

2. That I have not already voted at this election or been guilty of any corrupt or illegal practice in relation to the election.

3. That I will not vote again at this election. (Where an oath is taken, add "So help me God".)


Candidate

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


Deputy Returning Officer
or Poll Clerk

 

Form No. 44

Information for Impersonation
(Section 76)

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)

Electoral district of

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

 

Form 46

Warrant for Arrest of Person Charged with Impersonation
(Section 76)

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___.

(Seal)


Deputy Returning Officer

 

Form No. 47

Warrant for Arrest of a Person Charged with Voting
with Knowledge of his or her Disqualification
(Section 76)

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

 

Form No. 48

Appointment and Oath or Affirmation of a Peace Officer
(Section 76)

Appointment

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

Oath or Affirmation of Peace 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

 

Form No. 49

Oath or Affirmation of Deputy Returning Officer at the Close of the Poll
(Section 78)

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

 

Form No. 50

Oath or Affirmation of Poll Clerk at the Close of the Poll
(Section 78)

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

 

Form No. 51

Statement of Poll (Section 78 and 82)

Electoral District of Polling Station No.

Number of ballot papers received from returning officer ______

 

 

Number of ballot papers cast for _________________________

 

 

Number of ballot papers cast for _________________________

 

 

Number of ballot papers cast for _________________________

 

 

Number of ballot papers cast for _________________________

 

 

Number of ballot papers cast for _________________________

 

 

Number of *rejected ballot papers ________________________

 

 

(*A rejected ballot paper means a ballot paper which has been handed by the deputy returning officer to an elector to cast his or her vote but which, at the close of the poll, has been found in the ballot box unmarked or so improperly marked that it cannot be counted)

 

 

Total number of ballot papers found in ballot box ___________

 

 

Number of unused ballot papers _________________________

 

 

Number of **spoiled ballot papers _______________________

 

 

(** A spoiled ballot paper means a ballot paper which, on polling day, has not been deposited in the ballot box but has been found by the deputy returning officer to be soiled or improperly printed, or which has been handed by the deputy returning officer to an elector to cast his or her vote, and (a) has been spoiled in the marking by the elector, and (b) has been handed back to the deputy returning officer and exchanged for another)

 

 

Total _______________________________________________

 

 

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

 

Form No. 52

Oath or Affirmation of Messenger sent to Collect Ballot Boxes,
or of a Custodian of Ballot Box
(Section 78)

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

 

Form No. 53

Declaration of Election
(Section 79 and 82)

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

 

Form No. 54

Return to the Writ after a Poll has been Taken
(Section 82)

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

 

Form No. 55

Appointment of Official Agent
(Section 122)

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:
_____________________

 

Form No. 56

Oath or Affirmation of Elector Applying to Vote at Advance Poll (Section 160)

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

RSN1970 c106 Sch; 1971 No14 s2; 1971 No69 s8; 1972 No4 s2; 1972 No11 s2; 1973 No41 Sch

 

 

 

 

©Earl G. Tucker, Queen's Printer