other books, forms, seals, materials and things sent to him to be used in the election and which have not been used. No. 11 of 1897, s. 19. when more candidate 20. If at the close of the hour for receiving nominations Procedure more than one candidate for the vacancy to be filled remains than one in nomination, the returning officer shall announce the day nominated 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 eight days after the polling; and shall deliver to every candidate or to any person authorised in writing by the candidate or any of his nominators to act in his behalf a list of the candidates nominated with the colour assigned to each as specified in section 4 of schedule 1 to this Ordinance. No. 11 of 1897, s. 20. may withdraw 21. Any candidate nominated may withdraw at any time Candidate after his nomination and before the closing of the poll by filing his nomination with the returning officer a declaration in writing to that effect signed by himself; and any votes cast for a candidate who shall have so withdrawn shall be null and void; and in case after such withdrawal there should remain only one candidate for the vacancy to be filled then it shall be the duty of the returning officer to forthwith return as duly elected the candidate so remaining and to proceed as directed in section 19 hereof: forfeit his Provided always that if a candidate withdraw at any time but will after his nomination he shall forfeit the money deposited by deposit him and the returning officer shall transmit the same to the clerk of the Executive Council as provided in section 16 hereof. No. 11 of 1897, s. 21. PROVIDING FOR THE POLLING. hours of polling 22. Whenever a poll has been granted it shall be held on Date and the seventh day after the day of nomination and shall be opened at nine of the clock in the forenoon (standard time) and kept open until five of the clock in the afternoon (standard time) of the same day; and the votes at the several polling stations shall be given between the said hours of that day: case of District of Provided always that in that portion of the electoral district Proviso, in of Prince Albert East lying east of range 20 west of the second Electoral meridian the poll shall be held on the fourteenth day Prince Albert after the day of nomination between the said hours. No. 11 East of 1897, s. 22. notices 23. Immediately after having granted a poll the returning Election 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 two days before the day of voting an election notice setting forth the following information: 1. The names of the several candidates with the name of the colour assigned to each, which colours shall be assigned to Information to electors Appointment of deputy returning officers Oath of deputy returning officers Election be supplied to deputy returning officers the candidates in order of nomination, the order being that specified in section 4 of schedule 1 hereto; 2. The number, name, boundaries and polling place of each polling division as finally amended; 3. The name of the deputy returning officer for each polling division; 4. The day and hours of the day on which votes will be received; 5. The day, hour and place at which the votes will be counted and the return declared. No. 11 of 1897, s. 23. 24. The returning officer shall also cause to be posted up near to the aforesaid election notice copies of form G in schedule 2 to this Ordinance containing information to electors. No. 11 of 1897, s. 24. DEPUTY RETURNING OFFICERS. 25. For the purpose of taking the votes at an election, the returning officer shall by writing over his signature appoint a deputy returning officer for each polling division (who shall be an elector of the district) 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. (2) Every deputy returning officer shall before acting as such take and subscribe before the returning officer or any person authorised to administer oaths within the Territories the oath in form H in schedule 2 to this Ordinance, a certificate of the taking of which oath shall be delivered to him by the person before whom such oath is taken, which he shall cause to be filed with the returning officer. No. 11 of 1897, s. 25. 26. The returning officer shall cause to be supplied to each materials to deputy returning officer at least one day before polling day the books, ballots, ballot boxes, coloured pencils, stamps and other material necessary under this Ordinance to the taking of a poll and shall take the receipt of the deputy returning officer therefor. Transmission of material Supplies to be as prescribed in schedule Forms to be (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 the said actions were performed by himself. (3) The articles mentioned in this section and all other articles necessary to the taking of a vote at an election under this Ordinance shall be of the description given in schedule 1 to this Ordinance unless otherwise herein provided; or if provision has not been so made they shall be of such form as the Lieutenant Governor in Council may direct. (4) A sufficient number of the forms and articles prescribed by this Ordinance as may be necessary shall be furnished by provided the clerk of the Executive Council to each returning officer for distribution to the several officers whose duties as defined by this Ordinance require their use. supplies not poll (5) In case any of the copies of proclamation, notices, Provision if statements or other forms or articles (such as poll books, ballot received at boxes, ballots, envelopes, pencils or other materials required opening of 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 copies of the necessary proclamations, notices, statements or other forms or articles (such as poll books, ballot boxes, ballots, envelopes, pencils or other materials) 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 and in schedule 1 hereto. No. 11 of 1897, s. 26; No. 4 of 1898, s. 4; No. 40 of 1898, s. 13. duties and 27. The deputy returning officer shall before the hour for Poll clerk, opening the poll on the election day appoint over his signature oath 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 I in schedule 2 to this Ordinance before the deputy returning officer, the returning officer or any person authorised to administer oaths within the Territories; and a certificate of his having taken the said oath shall be delivered to him by the person before whom such oath is taken which he shall cause to be filed with the returning officer. returning (2) Each deputy returning officer and poll clerk appointed Deputy under this Ordinance shall be a constable during the day of officers and polling. No. 11 of 1897, s. 27. poll clerks to be constables 28. The deputy returning officer shall prepare a polling Place for place suitable for the purposes of this Ordinance within the polling building mentioned in the proclamation of the returning officer if that is practicable and if not then as nearly thereto as may be; and shall truly inform any elector inquiring of him the locality of such polling place; and at least one hour before the Proclamation opening of the poll shall cause to be posted conspicuously (both information outside and inside the building to be used as a polling place) to electors to copies of the proclamation and information to the electors provided in form G in schedule 2 to this Ordinance and also the names of himself and his poll clerk. No. 11 of 1897, s. 28 ; No. 4 of 1898, s. 5. and be posted opening of 29. The deputy returning officer or his poll clerk shall Procedure at (within five minutes before the time appointed for opening the poll poll) publicly and audibly announce the time of day and shall show the ballot box to the candidates, their agents or scrutineers or (in their absence) to any electors present who may claim to act for any of the candidates, so that they may see be inspected and sealed Ballot box to 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 pre vent 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. Opening packet with stamp Objections Outer and inner rooms Division of room by screen Poll book and ballot box to be kept in outer room Inspection of poll book Position of ballot box Persons who may have access to inner room Contents of inner room (2) After locking and sealing the ballot box he shall then (in presence of the candidates, their agents or scrutineers or in their absence in presence of any electors present who may claim to act for any of the candidates) after the same has been examined by them break the seal on the packet containing the stamp to be used by the deputy returning officer in marking the outside of the ballot papers; and he shall then and there 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. 11 of 1897, s. 29. POLLING PLACE. 30. The polling place shall have an outer room suitable for the accommodation of the persons and things required for 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 it is difficult or impossible to secure two rooms as required 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. 11 of 1897, s. 30. 31. In the outer room shall be kept the poll book and ballot box. (2) The poll book shall be open to inspection on demand of any candidate, agent or scrutineer for a reasonable time for the purpose of checking an entry. (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 returning officer or poll clerk acting for him and only touched by him in such manner that the candidates, their scrutineers or agents can observe it if present. No. 11 of 1897, s. 31. 32. Except as hereinafter provided no person shall have access to the inner room but the voter who is engaged in marking his ballot. No. 11 of 1897, s. 32. 33. In the said inner room of the polling place there shall be a table suitable for use in marking ballots; and there shall be posted on the walls a copy of the information to electors provided in form G in schedule 2 to this Ordinance and a copy of the election notice provided in section 23 of this Ordinance. No. 11 of 1897, s. 33. colour and which they dealt with 34. A pencil of the colour assigned to each candidate Pencils, their according to the election notice provided for in section 23 of number, and this Ordinance shall be furnished; and the full name of the the manner in candidate shall be marked plainly on the pencil of the colour are to be which has been assigned to him according to the said election during the notice; and each of such pencils shall be handed by the deputy returning officer to the voter for the purpose of enabling him to mark his ballot paper as provided in section 48 of this Ordinance; and the voter shall with his ballot paper and before the said ballet paper is placed in the ballot box return to the deputy returning officer each of said pencils. No. 11 of 1897, s. 34. polling 35. On demand any candidate, agent or scrutineer shall be Inspection of allowed to inspect the inner room of the polling place in the inner room presence of the deputy returning officer or poll clerk; but such inspection may only be made when the said inner room is not occupied by a voter. No. 11 of 1897, s. 35. 36. The deputy returning officer shall forthwith enter in Note of the poll book (a) The time of inspection; (b) The name of the person demanding it; and (c) Any remarks regarding it that the person inspecting AGENTS AND SCRUTINEERS. inspection to be made in poll book candidates at 37. Every candidate shall be entitled to be represented at Agents of each polling place by an agent who shall produce to the deputy polling places returning officer his appointment as agent signed by the candidate or (in case of his absence from the Territories) by two of the electors nominating such candidate, which shall be filed by the returning officer. of scrutineers (2) The agent so appointed shall have the right to appoint Appointment over his signature one or more but not exceeding five scrutineers on behalf of his principal. No. 11 of 1897, s. 37. may remain in 38. In addition to the deputy returning officer and his poll Persons who clerk, each candidate, his agent and one of his scrutineers or outer room of in the absence of the agent two scrutineers, an interpreter (if polling place 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. 11 of 1897, s. 38. QUALIFICATION OF VOTERS. of voters 39. The persons qualified to vote at an election for the Qualification Legislative Assembly shall be the male British subjects by birth or naturalisation (other than unenfranchised Indians) |