Electors to vote where resident Procedure presents himself to vote who have attained the full age of twenty-one years, who have resided in the North-West Territories for at least the twelve months and in the electoral district for at least the three months respectively immediately preceding the time of voting. (2) Except as hereinafter provided, an elector may only vote at the polling place of the polling division in which he is a resident at the time of voting. No. 11 of 1897, s. 39. VOTING. 40. When a person claiming to be entitled to vote presents when elector himself for the purpose of voting between the hours of nine o'clock in the forenoon and tive in the afternoon of the polling day, the deputy returning officer shall without unnecessary delay cause him to be admitted to the outer room of the polling place and shall further proceed as follows: Voter may be required to subscribe to Statement No. 1 Voter may be Record of statements made in poll book Statements to be filed 1. He shall ask from the person desirous of voting (a) His full name; (b) His occupation; (c) His place of residence; and shall 2. Cause the answers (which must be made in a voice audible to the scrutineers in the polling place, unless the person be dumb) to be entered in their proper places in the poll book which shall be kept in form J in schedule 2 to this Ordinance. 3. The name of each voter or person tendering a vote shall be numbered consecutively. No. 11 of 1897, s. 40; No. 4 of 1898, s. 6. 41. A scrutineer or person acting as such may order the deputy returning officer to require any person tendering a vote to subscribe to statement No. 1 contained in form K of schedule 2 to this Ordinance after it has been read to him in an audible voice. No. 11 of 1897, s. 41. 42. A scrutineer or person acting as such may order the deputy returning officer to require any person tendering a vote to subscribe to statement No. 2 contained in form K of schedule 2 to this Ordinance after it has been read to him in an audible voice. No. 11 of 1597, s 42. 43. If a person tendering a vote is required to sign a statement and does so, the poll clerk shall enter in the poll book after his name and residence the number of the statement made and the name of the person at whose request it was required to be made. No. 11 of 1897, s. 43. 44. All statements made under sections 41, 42, 50 and 52 shall be filed by the deputy returning officer. No. 11 of 1897, S. 44. Refusal to 45. If a person who desires to vote refuses or fails to sign statement a statement when required, to do so the poll clerk shall write subscribe after the entry of his name and place of residence in the poll book the words "Refused statement No. "(giving the number of the statement refused by him) and the name of the person at whose request he was required to sign such statement; and the person so refusing or failing to sign such statement shall at once leave the polling place and not enter it again and shall not be allowed to vote at that polling place. No. 11 of 1897, s. 45. marksman 46. If the person required to sign a statement is unable to Statement of sign his name, he shall make his mark which shall be certified by the signature of the deputy returning officer. No. 11 of 1897, s. 46. may be 47. If the person desiring to vote is unable to understand Interpreter the English language the deputy returning officer shall enter a employed remark to that effect opposite his name in the poll book and may allow him to retire from the polling place until a competent interpreter can be procured who shall (after taking the oath oath provided in form L of schedule 2 to this Ordinance before the deputy returning officer) interpret the proceedings to each voter in whose case he is employed. (2) When an interpreter is employed his name shall be Entry in entered in the poll book with the particulars of the case in poll book which he acted and any objections that may be made by any of the scrutineers or persons acting as such. No. 11 of 1897, s. 47. ballot paper 48. If a person desirous of voting is not required to sign a Initialling of statement or after he has done so, the deputy returning officer by deputy or the poll clerk (if he is acting as deputy returning officer) returning shall (a) Write his own initials and make an impression with officer (b) Hand such ballot paper to the voter together with all Voter to (c) Inform the voter in an audible voice of the names of paper and pencils voter (d) Direct the voter to go into the inner room and mark Directions to Marking ballot by voter When ballot returned is not same as issued by deputy returning officer Voter then to leave Entry in poll book Voter may be charged with (2) The voter shall then go into the inner room of the polling place and shall mark his ballot; and after complying with the directions of the deputy returning officer shall return to the outer room and hand his ballot together with the aforesaid pencils to the deputy returning officer, who shall (subject to the provisions of sections 49, 50 and 52) in plain view of the scrutineers drop the ballot into the ballot box. (3) If any voter hands to the deputy returning officer any ballot marked on the outside with another mark than the said initials and stamp, the deputy returning officer shall immediately destroy the same and the said voter shall not be allowed to vote at that polling place. (4) The voter shall leave the polling place as soon as his ballot has been placed in the ballot box and shall not enter it again unless in the discharge of some of the duties provided for in this Ordinance. (5) The poll clerk shall write the word "Voted" in the poll book after the name and place of residence of every person who has voted as soon as his ballot has been deposited. No. 11 of 1897, s. 48; No. 4 of 1898, s. 7. 49. When a person voting has been required to sign a stateillegal voting ment and has signed it, the deputy returning officer before receiving from him his marked ballot shall (if so requested by any person acting as scrutineer of any candidate) serve such person with a notice in the form M in schedule 2 hereto to appear at a time and place to be named in the notice to answer to a charge of having voted contrary to the provisions of this Ordinance; and shall give a copy of such notice to the person or persons so requiring such notice to be served. Notice to answer charge Time for appearance to answer charge Disposition of ballot in such case Entry in poll book (2) The said notice may be given on behalf of one or more candidates. (3) The time appointed in such notice for such appearance shall not be less than two days after the polling day. (4) After serving the notice provided in the preceding subsections, the deputy returning officer shall (a) Receive the ballot of the person desiring to vote; (c) Securely seal the envelope; (d) Write upon it the name and place of residence of the person and his number as it appears in the poll book, the name and number of the polling place and his own name in full; and shall then (e) Deposit it in the ballot box. (5) The poll clerk shall enter in the pol! book (in the next line below the particulars hereinbefore provided regarding the voter) a statement of (a) His having been served with such notice: (b) The name of the person or persons at whose request the notice was served; (c) The name of the candidate or candidates on whose (d) The place, day and hour where the person is required officers, how 50. Any deputy returning officer, poll clerk, candidate, Vote of agent or scrutineer who is resident in a polling division other election than the one at which he is stationed on the polling day shall taken be permitted to vote at the polling station where he is so stationed provided he produces a certificate of his authority to act in such capacity from the returning officer, deputy returning officer, candidate or agent of a candidate (as the case may be) having authority under this Ordinance to appoint him and after signing statement No. 3 prescribed in form K of schedule 2 to this Ordinance; and a note shall be made of the particulars in the poll book opposite the voter's name. No. 2 to be subscribed (2) On the demand of any scrutineer or person acting as Statement such any of the persons mentioned in this section applying to vote shall be required to subscribe to statement No. 2 of said if required form K before being allowed to vote. (3) The provisions of section 49 shall apply to cases provided Election for in this section. No. 11 of 1897, s. 50. officer may be charged with illegal voting unable to 51. In case of an application by a person claiming to be Vote of person entitled to vote who is incapacitated by blindness or other mark physical cause from marking his ballot paper, the deputy returning officer shall in the plain view of the candidates or their agents or scrutineers (if present) cause the vote of such person to be marked on a ballot paper for the candidate directed by such person and shall cause the ballot paper to be placed in the ballot box; and shall make a statement of the fact including the name of the candidate for whom the vote was cast opposite the voter's name on the poll book. No. 11 of 1897, s. 51; No. 4 of 1898, s. 9. tendering vote 52. If a person representing himself to be a particular Person elector whose name already appears in the poll book as having under name voted or as having refused to sign a statement applies to vote, already voted unless the deputy returning officer is aware that the person who already presented himself to vote in that name had a right to do so and that the person now presenting himself to vote in the same name has also the right to do so or if directed to do so by any candidate, agent or scrutineer he shall require him to sign statement No. 1 provided in form K of schedule 2 to this Ordinance and shall enter his name and residence in the poll book, and shall give him a ballot paper as provided in section 48 and shall before receiving from him his marked ballot paper serve him with a notice in form M of schedule 2 to this Ordinance; and the deputy returning officer shall also Procedure cause a similar notice to be served on the person who had previously voted or applied to vote in that name. (2) The provisions of subsections 3, 4 and 5 of section 49 Ballot and entry in poll book in such cases Ballot spoiled before used Procedure Time of close of poll Sealing of ballot box Entry of objections Opening of papers shall apply to cases provided for in this section. No. 11 of 1897, s. 52; No. 4 of 1898, s. 10. 53. A person claiming to be entitled to vote who has inadvertently dealt with his ballot paper in such a way that it cannot be conveniently used as a ballot paper on delivering to the deputy returning officer the ballot paper so inadvertently dealt with and proving the fact of the inadvertence to the satisfaction of the deputy returning officer shall be given another ballot paper in the place of the ballot paper so delivered up; and the deputy returning officer shall forthwith destroy the spoiled ballot paper in the plain view of the candidates or their agents or scrutineers if present. No. 11 of 1897, s. 53. CLOSE OF THE POLL. 54. At the hour of five o'clock in the afternoon (standard time) the deputy returning officer shall declare the poll closed and shall not allow any more votes to be polled except the vote of the person who may be in some part of the act of voting at that hour. (2) Immediately after the last ballot as above provided has been placed in the ballot box, the deputy returning officer shall fill up and securely seal the opening in the lid of the box through which the ballots were inserted. No. 11 of 1897, s. 54. 55. Immediately after the closing of the poll, the deputy returning officer shall enter in a book a certificate that his entries in the poll book are correct and shall also enter any objections that the candidates or their agents or scrutineers may desire to have entered as to the conduct of the poll or as to its hour of closing. No. 11 of 1897, s. 55. COUNT BY DEPUTY RETURNING OFFICER. 56. The deputy returning officer shall then (in the presence ballot box and of the candidates or their agents or scrutineers or such of them as may be present) open the ballot box and count the number of ballots contained therein; and shall note separately in the poll book the number of ballots that have been placed in envelopes and the unobjected ballots. Count Spoiled ballots (2) After having made the entry in the poll book, he shall then proceed to open the unobjected ballots by breaking the nucilage; and shall count the number cast for each candidate according to the colour marked upon the face of each ballot paper; and shall enter the result of his count in the poll book. (3) If from any cause the intention of any voter has not been made apparent by the colour or nature of the mark or marks on the ballot paper or if the ballot paper is not marked with the initials of the deputy returning officer and the stamp required by section 48 such paper shall be considered a spoiled ballot paper; and all such spoiled ballot papers at each polling place shall be kept separately from the counted ballots and shall be placed in a securely sealed package. |