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Procedure where more than one

candidate is nominated.

• Candidate

his nomina

tion.

(c). Forward to the Territorial Secretary, a certificate in writing declaring such candidate or candidates duly elected; and all ballot boxes, poll books and other books, forms, materials and things sent to him to be used in the election and which have not been used. No. 33 of 1900, s. 14.

15. If at the close of the hour for receiving nominations more candidates than the number required to be elected remain in nomination, the returning officer shall announce the day upon which a poll will be held, and the day, hour and place at which the ballots will be counted, which must not be more than fourteen days after the polling. No. 33 of 1900, s. 15.

16. Any candidate nominated may withdraw at any time may withdraw after his nomination and before the opening of the poll by filing with the returning officer a declaration in writing under oath to that effect, signed by himself, and stating that his withdrawal is bona fide, and not for the purpose of assisting or injuring the prospects of election of any other candidate; and any vote cast for a candidate who shall have so withdrawn shall be null and void, and in case after such withdrawal there should remain only the number of candidates to be elected then it shall be the duty of the returning officer to forthwith return as duly elected the candidate or candidates so remaining, and to proceed as directed in section 14 of this Ordinance.

But will for

Provided always that if a candidate withdraw at any feit his deposit time after his nomination he shall forfeit the money deposited by him and the returning officer shall transmit the same to the Territorial Treasurer as provided in section 11 of this Ordinance. No. 33 of 1900, s. 16.

Date and hour of polling.

Election notices.

PROVIDING FOR THE POLLING.

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17. Whenever a poll has been granted it shall be held on the fourteenth day after the day of nomination, and shall be opened at nine o'clock in the forenoon, and kept open until five o'clock in the afternoon, of the same day, and the votes at the several polling places shall be given between the said hours of that day. No. 32 of 1900, s. 17.

18. Immediately after having granted a poll, the returning officer shall cause to be posted up with all reasonable speed, at all places where the proclamation of the election was posted up, and at least eight days before the day of voting, an election notice setting forth the following information:

(a.) The names of the several candidates;

(b.) The day and hours of the day on which votes will be received;

(c.) The day, hour and place at which the votes will be counted and the return declared. No. 33 of 1900, s. 18.

19. The returning officer shall also cause to be posted Information up near to the aforesaid election notice copies of form "H" to electors. in said Schedule 1, containing information to electors. No. 33 of 1900, s. 19.

20. Where a poll has been granted the returning officer Ballots to be shall forthwith cause to be printed such a number of ballot printed. papers as will be sufficient for the purposes of the election and the number necessary for each polling place shall be bound or stitched in a book of convenient size and in such a manner that the counterfoils shall continue bound or stitched when the ballot papers are detached therefrom.

(2.) Every ballot paper shall contain the names of the What to candidates, arranged alphabetically in the order of their contain. surnames, or if there are two or more candidates with the same surname, of their christian names, and the ballot papers may be in the form "H" given in said schedule 1. No. 33, of 1900, s. 20.

ballot papers.

21. In addition to the ballot papers herein before referred Tendered to, the returning officer shall cause to be printed such a number of other ballot papers-hereinafter called "tendered ballot papers "-to be used in the manner hereinafter directed, as will be sufficient for the purposes of the election.

tendered

22. The tendered ballot papers shall be in the same form Colour of as the ballot papers hereinbefore referred to, but shall be of ballot papers. a different colour; and upon the back of every tendered ballot paper, and upon the face of the counterfoil attached thereto shall be printed the words, "Tendered Ballot Paper." No. 33 of 1900, s. 22.

DEPUTY RETURNING OFFICER.

of deputy

23. For the purpose of taking the votes at an election, Appointment. the returning officer shall by writing over his signature returning appoint a deputy returning officer for each polling place officer. and shall thereby require the deputy returning officer to open and hold the poll in such division at the time and place fixed in the election notice, and according to the provisions of this Ordinance.

deputy

(2.) Every deputy returning officer shall, before acting as Oath of such, take and subscribe before the returning officer, or any returning person authorized to administer oaths within the Territory, officer. the oath in form "J" in said schedule 1.

to be for

(3.) The returning officer shall, upon request, furnish List of D.R.O. each candidate, or his agent, with a list of the deputy re

warded candi- turning officers throughout the District. No. 33 of 1900, s. 23.

date.

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Poll clerk duties and oath.

D.R.O. and

24. The returning officer shall cause to be supplied to each deputy returning officer, at least one day before polling day, the books, ballots, ballot boxes, pencils, and other material necessary under this Ordinance to the taking of a poll, and shall take the receipt of the deputy returning officer therefor.

(2.) The articles above mentioned may be sent by special messenger, who shall act for the returning officer and for whose actions the returning officer shall be responsible, as though said actions were performed by himself.

(3) In case any of the copies of proclamation, notices, statements or other forms or articles (such as poll books, ballots, ballot boxes, envelopes, pencils, or other materials required under the provisions of this Ordinance) are not available, or are likely not to be available for use at the time and place required by this Ordinance, it shall be the duty of the returning officer, election clerk, deputy returning officer or poll clerk (as the case may be) to provide such copy of the necessary proclamations, notices, statements or other forms or articles (such as poll books, ballot boxes, ballots, envelopes, pencils or other material) as may be required at the time and place in which he is required to act under the provisions of this Ordinance, as nearly as may be according to the directions given in this Ordinance. No. 33 of 1900, s. 24.

25. The deputy returning officer shall, before the hour for opening the polls on the election day, appoint, over his signature, a poll clerk to assist him in taking the votes, or to act in his stead if necessary, with all the powers and liabilities of the deputy returning officer, who, before acting as such, shall take the oath in form "K" in said schedule 1, before the deputy returning officer, the returning officer, or any person authorized to administer oaths within the Territory.

(2.) Each deputy returning officer and poll clerk appoll clerk to be pointed under this Ordinance shall be a constable during the day of polling. No. 33 of 1900, s 25.

constables.

Place for polling.

Proceedings

at opening of poll.

26. The deputy returning officer shall prepare a polling place suitable for the purposes of this Ordinance within the building mentioned in the proclamation of the returning officer, if that is practicable and if not, then as thereto as may be; and shall truly inform any elector, inquiring of him, the locality of such polling place. No. 33, of 1900, s. 26.

near

27. The deputy returning officer, or his poll clerk shall, within five minutes before the time appointed for opening

to be

the poll, publicly and audibly announce the time of day, and shall show the ballot box to the candidates, their agents Ballot boxes or scrutineers, or, in their absence, to any electors present inspected and who may claim to act for any of the candidates, so that sealed. they may see that it is empty; and he shall then in their presence lock the box and place his seal upon it in such a manner as to prevent its being opened without breaking the seal; and shall allow the persons permitted hereunder to remain in the outer room of the polling place to affix their seals; and he shall then place the box in view of all those present, and shall keep it locked and sealed.

be entered in

(2.) After locking and sealing the ballot box, he shall Objections to then, in the presence of the candidates, their agents or poll book. scrutineers, or in their absence, in presence of any electors present, who claim to act for any of the candidates, enter in the poll book any objections made to the hour of opening, or to the place of polling, or to the arrangements of the polling place, demanded to be entered either by a candidate, or his agent, or by any elector. No. 33 of 1900, s. 27.

POLLING PLACE.

28. The polling place shall have an outer room suitable Outer and for the accommodation of the persons or things required for inner rooms. taking the vote under this Ordinance, and opening therefrom, an inner room in which the voter may mark his ballot, screened from all observation. Provided, that where Division of it is difficult or impossible to secure two rooms, as required, room by a single room divided by a screen or curtain, so that the interior of the two parts shall be completely hidden from each other, shall be sufficient. No 33 of 1900, s. 28.

29. In the outer room shall be kept the poll book and ballot box.

(2.) The poll book shall be open to inspection on demand, by any candidate, agent, or scrutineer, for a reasonable time, for the purpose of checking an entry.

screen.

Poll book and

ballot box to be kept in

outer room Inspection of poll book.

(3) The ballot box shall be kept in a conspicuous position during the voting so that the scrutineers may see the ballots as they are dropped in; and it shall not, during such voting, be touched by any person, except the deputy return- Position of ing officer, or poll clerk acting for him, and only touched ballot box. by him in such manner that the candidates, their scrutineers or agents, can observe it if present. No. 33 of 1900, s. 29.

may have access to inner

30. Except as hereinafter provided, no person shall have Persons who access to the inner room but the voter who is engaged in marking his ballot. No. 33 of 1900, s. 30.

room.

inner room.

31. In the said inner room of the polling place there Contents of shall be a table suitable for use in marking ballots; there shall be posted on the walls a copy of the information to

Agent of

candidate at

electors provided in form "H" in said schedule 1, and a copy of the election notice provided in section 18 of this Ordinance. No. 33 of 1900, s. 31.

AGENTS AND SCRUTINEERS.

32. Every candidate shall be entitled to be represented polling place. at each polling place by an agent who shall produce to the deputy returning officer his appointment as agent signed by the candidate, or in case of his absence from the Territory, by two of the electors nominating such_candidate, which shall be filed by the deputy returning officer.

Appointment of scrutineers.

Persons who may remain in

outer room of polling place.

Where elector may vote.

(2.) The agent so appointed shall have the right to appoint, over his signature, one or more, but not exceeding two, scrutineers on behalf of his principal. No. 33 of 1901, s. 32.

33. In addition to the deputy returning officer and his poll clerk, each candidate, his agent and one of his scrutineers, or in the absence of the agent, the two scrutineers, an interpreter, if one is required, during the time for which his services are required and no longer, a peace officer, if his services are required, and not otherwise, and the voter actually engaged in voting, and no others, shall be permitted to remain in the outer room of the polling place. No. 33 of 1900, s. 33.

34. An elector may vote at any polling place; but no elector shall vote at more than one polling place. No. 33 of 1900, s. 33.

Procedure where elector

self to vote.

VOTING.

35. When a person claiming to be entitled to vote, prepresents him sents himself for the purpose of voting, 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 to take oath M.

(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 is dumb, to be entered in their proper places in the poll book, which shall be kept in form "L" in said schedule 1.

(3.) The name of each voter or person tendering a vote shall be numbered consecutively. No. 33 of 1900, s. 35.

36. Every voter shall, before receiving a ballot paper, take and subscribe the oath of qualification set forth in form "M" in said schedule 1. No. 33 of 1900, s. 36.

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