TH CHAPTER 3. An Ordinance respecting Elections. HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. Short title Writ, date of issue and return Returning officer Refusal or inability to act Proviso Day and place of nomination 1. This Ordinance may be cited as The Territories Elections Ordinance." No. 11 of 1897, s. 1. ISSUE OF WRIT. 2. Every writ for the election of a member of the Legislative Assembly shall be dated and shall be returnable on such day as the Lieutenant Governor determines; and shall be addressed by the clerk of the Executive Council to such resident elector of the electoral district in which the election is to be held as the Lieutenant Governor appoints; and such person shall be the returning officer at the election to which such writ relates: Provided always that if the person to whom the writ has been addressed refuses or is unable or unqualified to act, he shall (under penalty hereinafter provided) forthwith after the receipt of such writ notify the Lieutenant Governor by the most speedy means available of such inability or refusal or want of qualification, when the Lieutenant Governor may order another writ to issue or may appoint some other resident elector as returning officer who shall act under the writ already issued: Provided also that no election shall be declared void if the person to whom the writ is addressed acts thereunder as returning officer on the ground that such person is not a resident elector of the district or is otherwise disqualified to act as returning officer. No. 11 of 1897, s. 2. 3. The Lieutenant Governor shall fix the day and locality to be named in for the nomination of candidates at such election; and the day and locality so fixed shall be specified in the writ of election for that electoral district: writ At general election day to Provided always that in the case of a general election the be same in all day so fixed shall be the same in the case of every electoral district except that it may be varied when rendered necessary under any other provisions of this Ordinance : districts Fourteen days to elapse between date of writ and nomination Form of writ How to be Provided further that there shall be an interval of at least fourteen days between the date of the writ and the day of nomination mentioned therein. No. 11 of 1897, s. 3. 4. The writs of election shall be in form A in schedule 2 to this Ordinance and shall be transmitted by registered letter by the clerk of the Executive Council addressed to the transmitted respective returning officers, unless otherwise ordered by the Lieutenant Governor. No. 11 of 1897, s. 4. RETURNING OFFICER. of receipt 5. The returning officer shall on receiving the writ of elec- Indorsement tion forthwith indorse thereon the date on which he received of writ the same; and before taking any further action thereon he Oath of office shall take the oath of office in form B in schedule 2 to this Ordinance; and shall forthwith cause a certificate as in the said form B of the same having been taken to be forwarded to the clerk of the Executive Council. No. 11 of 1897, s. 5. election clerk 6. The returning officer by a warrant under his hand and To appoint an in form C in schedule 2 to this Ordinance shall appoint an election clerk and may at any time during the election appoint in the same manner another election clerk if the one so appointed resigns or is unable to perform his duties as such clerk. No. 11 of 1897, s. 6. election clerk 7. The election clerk shall assist the returning officer in the Duties of performance of his duties and act in his stead as returning officer whenever the returning officer after appointing such election clerk refuses or is unable to perform his duties or admits his want of qualification and has not been replaced by another. (2) All the provisions of this Ordinance in regard to return- Responsibility ing officers shall apply to election clerks acting as returning clerks acting officers. (3) The returning officer or election clerk shall not act as deputy returning officer or poll clerk in any polling division. No. 11 of 1897, s. 7; No. 4 of 1898, s. 1. of election as returning officers election clerk 8. The election clerk before acting as such shall take the Oath of oath of office in form D in schedule 2 to this Ordinance before the returning officer or any person authorised to administer an oath within the Territories; and a certificate as in the said form D of his having taken such oath shall be delivered to him by the person before whom such oath is taken which he shall cause to be forwarded to the clerk of the Executive Council. No. 11 of 1897, s. 8. 9. The election clerk when acting for or in the stead of the Penalties returning officer shall be subject to like penalties as the returning officer for violating any of the provisions of this Ordinance; but this shall not relieve the returning officer from any penalties provided to which he may render himself liable. No. 11 of 1897, s. 9. POLLING DIVISIONS. 10. The returning officer shall with all reasonable speed after receiving the writ of election Building for hustings Polling divisions Proviso Proviso Buildings for polling places School houses may be used for polling places Rent of school house Posting proclamation 1. Fix upon and secure a suitable building in the locality in which the nomination is to be held for use as a hustings; 2. Subdivide the electoral district into as many polling divisions as he deems necessary for the convenience of electors and number then consecutively and give to each a distinctive name: Provided always that no such polling division shall have a greater voting population than 200: Provided further however that if a polling division should include a greater number of voters than 200 the fact shall not be held to invalidate the poll held in that polling division: nor shall it render the returning officer liable to a penalty unless it can be shown that one or more duly qualified voters have been deprived of the opportunity to vote by reason of such larger number of voters having been included within the polling division; 3. Provide suitable and conveniently situated buildings for use as polling places in each polling division. No. 11 of 1897, s. 10 No. 4 of 1898, s. 2. 11. The returning officer is hereby vested with authority to take and use as a polling place any school house the property of any public or separate school district organised by virtue of any Ordinance of the Territories, if such school house is convenient for that purpose. (2) The school district shall be paid for the use of the school house such sum as the Lieutenant Governor in Council may allow. No. 11 of 1897, s. 11; No. 4 of 1898, s. 3. 12. At least eight days before the day fixed in the writ for the nomination of candidates, the returning officer shall provide and cause to be posted up in one public place in each polling division (which shall be a post office if there is one therein or if there is not then in a store, school house or church therein and if there is no post office, store, school house or church therein then in some conspicuous place in the polling division) a proclamation in form E in schedule 2 to this Ordinance, in which proclamation shall be set forth (a) The place and day specified in the writ of election at which the nomination is to be held; (b) The building or place to be actually used; (c) The time allowed for the nomination by this Ordi nance; (d) The date when the polls will be opened in the several polling divisions if a poll is required and the time during which such polls shall remain open; (e) The numbers, names and fully described boundaries of the polling divisions decided upon and the places at which the several polls shall be held. No. 11 of 1897, s. 12. 13. If a demand is made upon the returning officer in Additional writing at any time before the hour for closing nominations polling places for any additional polling subdivision (the polling place of which shall be named in the request and which shall not be within twenty miles of any polling place already appointed), the returning officer shall set apart as nearly as may be such proposed polling subdivision and appoint the polling place thereof. No. 11 of 1897, s. 13. POSTPONEMENT OF NOMINATION. may be officer 14. Whenever from unforeseen accident, delay or other- Nomination wise the proclamation cannot be posted up so as to leave the postponed by required time between the posting up of the proclamation and returning the nomination day appointed by the Lieutenant Governor or whenever any candidate dies after being nominated and before the close of the polls, the returning officer shall fix another day for the nomination of candilates, which day shall be the nearest day conveniently possible after allowing the number of days required by section 12 hereof between the posting up of the proclamation and nomination day; and in every such case the returning officer shall proceed as directed in the said section 12 and shall with his return make to the clerk of the Executive Council a special and full report under oath of the causes which occasioned the postponement of the election. No. 11 of 1897, s. 14. NOMINATION. manner of 15. At any time after the date of the writ of election and Time and before twelve o'clock noon (standard time) of the day fixed for nomination the nomination, any four or more electors may nominate a candidate by signing before any person authorised to administer oaths within the Territories or before the returning officer and causing to be filed with the returning officer a nomination paper in form F in schedule 2 to this Ordinance; and any vote given at the election for any person other Vote for than a candidate so nominated shall be null and void. No. 11 person not nominated of 1897, s. 15. 16. A nomination paper shall not be valid or be acted upon Nomination by the returning officer unless- papers (a) It is accompanied by the consent in writing of Consent of (b) A sum of $100 is deposited in the hands of the Deposit of $100 filed with him. paper (2) The returning officer shall (the foregoing requirements Receipt for of this section being complied with) give his receipt for the nomination nomination paper; and the said receipt of the returning officer shall in every case be sufficient evidence of the production of the nomination paper, of the consent of the candidate and of the payment herein mentioned. How deposit may be made Condition upon which deposit may be returned Forfeiture of deposit Procedure at hustings Closing nominations Procedure when only one candidate nominated (3) The returning officer shall accept the sum of money herein before mentioned if it is tendered (a) In gold coin ; (b) In Dominion of Canada notes: (c) In the notes of any bank chartered by the Parliament of Canada which at the time is redeeming its notes on demand: or (d) Partly in one and partly in another or others of the description of moneys herein mentioned; but he will not be obliged to accept such tender if any part of it consists of other descriptions of money than that herein specified. (4) The sum so deposited by any candidate shall be returned to him in the event of his being elected or of his obtaining a number of votes at least equal to one-half the number of votes polled in favour of the candidate elected as decided in the final count. (5) If such candidate has not obtained the number of votes in the next preceding subsection mentioned, the said deposit shall be transmitted by the returning officer to the clerk of the Executive Council and by him deposited to the credit of the general revenue fund of the Territories. No. 11 of 1897, s. 16. NOMINATION PROCEEDINGS. 17. Every returning officer shall on the date of nomination and at the place fixed as aforesaid proceed to the hustings (which shall be at such a place that all the electors may have free access thereto) and at the hour of eleven of the clock (standard time) in the forenoon shall read or cause to be read publicly the writ of election; and shail forthwith read in an audible voice the nominations which he has received and from time to time until twelve o'clock of the day (standard time) shall so read further nominations as he receives them. No. 11 of 1897, s. 17. 18. At the hour of twelve o'clock (standard time) the returning officer shall declare the nominations closed and shall announce in an audible voice the names of the several candidates. No. 11 of 1897, s. 18. 19. If at the close of the hour for receiving nominations only one candidate for the vacancy to be filled remains in nomination, the returning officer shall then and there 1. Declare the said candidate duly elected ; 2. Give such candidate or any agent of such candidate if the candidate is not present a certificate that such candidate has been duly elected ; 3. Forward to the clerk of the Executive Council the writ of election together with a certificate in writing declaring such candidate duly elected and all ballot boxes, poll books and |