Слике страница
PDF
ePub

Rejecting of ballots.

Objections to

shall open the ballot box and proceed to count the number of votes given for each candidate, giving full opportunity to those present to examine each ballot. 63-64 V., c. 12, s. 80.

173. In counting the votes, the deputy returning officer shall reject all ballot papers,

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

(b) by which votes have been given for more candidates than are to be elected; or,

(c) upon which there is any writing or mark by which the voter could be identified, other than the numbering by the deputy returning officer in the cases hereinbefore provided for. 63-64 V., c. 12, s. 80.

174. The deputy returning officer shall take a note of ballot papers. every objection made by any candidate, or his agent or any elector present, to any 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 recount or on petition questioning the election or return.

[blocks in formation]

in P. E. I.

2. Each objection to a ballot paper shall be numbered, and a corresponding number placed on the back of the ballot paper and initialled by the deputy returning officer.

3. This section shall not apply, in the province of Prince Edward Island, to the determination of the qualification or non-qualification of any voter whose ballot paper has been numbered and initialled under this Act. 63-64 V., c. 12, s. 81.

175. All the ballot papers not rejected by the deputy returning officer shall be counted and a list kept of the number of votes given to each candidate, and of the number of rejected ballot papers, and all the ballot papers indicating the votes given for each candidate respectively shall be put into separate envelopes or parcels.

2. All rejected, spoiled and unused ballot papers shall be put respectively into separate envelopes or parcels and all such envelopes or parcels shall be endorsed so as to indicate their contents, and shall be sealed by the deputy returning officer, and shall be marked with the signatures of any agents present in the polling station who are willing to do so, by writing their signatures across the flap thereof, and such agents, if they desire to do so, may affix their seals on the flap. 63-64 V. c. 12, s. 82.

"

Counting of 176. In the province of Prince Edward Island, the deputy ballot papers returning officer shall also, in counting the ballots, place all ballot papers numbered and initialled under this Act counted for the candidate for whom respectively they have been cast, in a separate envelope or parcel. 63-64 V., c. 12, s. 82. 96 177.

177. The deputy returning officer and the poll clerk, Oath by deputy reimmediately after the completion of the counting of the votes, turning offishall take and subscribe respectively the oaths in forms CC and cer and poll DD, which shall remain attached to the poll book. 63-64 V., c. 12, s. 83.

clerk.

178. The deputy returning officer shall make out a state Statement by ment in triplicate, in form EE, one copy to remain attached deputy returning to the poll book, one copy to be retained by the deputy return- officer. ing officer, and the third copy to be inclosed by him in a special envelope supplied for the purpose, which envelope he shall seal and deposit in the ballot box. 63-64 V., c. 12, s. 83.

candidates or

179. The deputy returning officer shall then deliver to Certificate to each of the candidates, or to their agents, or, in the absence their repreof such candidates or agents, to the electors present representing sentatives. the candidates, a certificate in form FF, of the number of votes given for each candidate, and of the number of rejected ballot papers; and he shall also, forthwith after the close of the poll, mail to each candidate, by registered letter to their addresses stated in the ballot paper, a like certificate. 63-64 V., c. 12,

s. 83.

to be inclosed

180. The poll book, the envelopes containing the ballot Documents papers, the envelope containing the voters' lists, and all other in ballot box. documents which served at the election shall then be placed in the large envelope supplied for the purpose, and this large envelope shall then be sealed and placed in the ballot box. 63-64 V., c. 12, s. 83.

181. The ballot box shall then be locked and sealed with Ballot box to be sealed and the seal of the deputy returning officer, and shall be forthwith delivered. delivered by the deputy returning officer to the returning officer, or to the election clerk, or to one or more persons specially appointed for that purpose by the returning officer, who shall receive the same; and such person or persons shall, on delivering the ballot boxes to the returning officer, take the oath in form GG. 63-64 V., c. 12, s. 83.

Proceedings of Returning Officer after return of Ballot Boxes.

of ballot

182. The returning officer, upon the receipt by him of Safe-keeping each of the ballot boxes, shall take every precaution for its boxes. safe-keeping and for preventing any person other than himself and his election clerk from having access thereto, and shall immediately upon the receipt of each ballot box seal it under his own seal in such a way that it cannot be opened without the seal being broken, and this he shall do without effacing or covering the seals thereto affixed. 63-64 V., c. 12,

s. 84.

7

97

183.

Addition of votes by returning

officer.

Declaration thereupon.

Casting vote of returning officer.

Adjournment if ballot boxes are missing.

Adjournment for other causes.

Provision in case of loss of ballot

boxes.

183. The returning officer, at the place, day and hour appointed by his proclamation, and after having received all the ballot boxes, shall proceed to open them, in the presence of the election clerk, the candidates or their representatives, if present, or of at least two electors, if the candidates or their representatives are not present, and to add together the number of votes given for each candidate, from the statements contained in the several ballot boxes returned by the deputy returning officers of the ballot papers counted by them. 63-64 V., c. 12, s. 85.

184. The candidate who, on the addition of the votes is found to have a majority of votes shall then be declared elected. 63-64 V., c. 12, s. 85.

185. Whenever, on the addition of votes by the returning officer, an equality of votes is found to exist between any two or more candidates, and an additional vote would entitle any of such candidates to be declared elected, the returning officer shall give such additional or casting vote. 63-64 V., c. 12, s. 86.

186. If the ballot boxes are not all returned on the day fixed for adding up the number of votes given to the several candidates, the returning officer shall adjourn the proceedings to a subsequent day, which shall not be more than a week later than the day originally fixed for the purpose of adding up the votes. 63-64 V., c. 12, s. 87.

187. In case any deputy returning officer has not duly inclosed in the ballot box the statement of the ballot papers counted by him as required by this Act, or if, for any other cause, the returning officer cannot, at the day and hour appointed by him for that purpose, ascertain the exact number of votes given for each candidate, the returning officer may thereupon adjourn to a future day and hour the said adding up of the number of votes given for each candidate, and so from time to time, such adjournment or adjournments not in the aggregate to exceed two weeks. 63-64 V., c. 12, s. 87.

188. If the ballot boxes or any of them have been destroyed or lost, or, for any other reason, are not forthcoming within the time fixed by this Act, the returning officer shall ascertain the cause of the disappearance of such ballot boxes, and shall call on each of the deputy returning officers whose ballot boxes are missing, or on any other person having them, for the lists, statements and certificates or copies of the lists, statements and certificates, of the number of votes given to each candidate required by this Act, the whole verified on oath. 63-64 V., c. 12, s. 88. 98 189.

189. If such lists or statements, or any of them, or copies If lists, etc., thereof cannot be obtained, the returning officer shall ascertain, cannot be by such evidence as he is able to obtain, the total number of votes given to each candidate at the several polling stations; and, to that end, may summon any such deputy returning officer, his poll clerk, or any other person, to appear before him at a day and hour to be named by him, and to bring all necessary papers and documents with him, of which day and hour and of the intended proceedings the candidates shall have due notice; and the returning officer may examine on oath such deputy returning officer or poll clerk, or any other person, respecting the matter in question. 63-64 V., c. 12, s. 88.

officer if

190. In case of an adjournment by reason of any deputy Duty of returning officer not having placed in the ballot box a statement returning of the ballot papers counted by him, the returning officer shall, statement in the meantime, use all reasonable efforts to ascertain the exact not in ballot number of votes given for each candidate in the polling division of such deputy returning officer, and, to that end, shall have the powers set out in the next preceding section. 63-64 V., c. 12, 8. 88.

box.

appearing

191. In any case arising under the two last preceding sec- Return of tions, the returning officer shall return the candidate appearing candidate to have the majority of votes, and shall mention specially, in a to have report to be sent with the return, the circumstances accompany- majority. ing the disappearance of the ballot boxes, or the want of any statement as aforesaid, and the mode by which he ascertained the number of votes given to each candidate. 63-64 V., c. 12, s. 88.

after the

192. After the close of the election, the returning officer Custody of shall cause to be deposited in the custody of the sheriff of the ballot boxes county or district, or of the registrar of deeds in the county or election. registration division, or of the postmaster in the locality, in which the nomination was held, the ballot boxes used at the election; and the sheriff, registrar or postmaster shall, at the next ensuing election, deliver such ballot boxes to the returning officer named for such election. 63-64 V., c. 12, s. 89.

Recount by Judge.

final addition

193. If within four days after that on which the returning Provision for officer has made addition of the votes for the purpose of declar- recount or ing the candidate or candidates elected, it is made to appear on of votes by the affidavit of a credible witness, to the judge of the county a judge. court of the county or union of counties, or to the judge of the judicial district in which the electoral district or any part thereof is situated, or, in the province of Quebec, to a judge of the Superior Court ordinarily discharging his duties in the judicial district in which the electoral district or any part 71 thereof

99

Grounds for application.

costs.

thereof is situated, or, in the province of Saskatchewan or Alberta, to a judge of the Supreme Court of the Northwest Territories pending the abolition of that Court by the legislature of the province, and, thereafter, to a judge of such superior court of justice as, in respect of the civil jurisdiction of the said Court, is established in the province in lieu thereof, or, in the Yukon Territory, to a judge of the Territorial Court, that a deputy returning officer at an election in such electoral district, in counting the votes, has,

(a) improperly counted; or,

(b) improperly rejected any ballot papers at such election;

or,

(c) made an incorrect statement of the number of ballot papers cast for any candidate; or,

(d) improperly added up the votes; and,

Security for if the applicant deposits within the said time with the clerk of the county or district court or, in the province of Quebec, with the prothonotary of the Superior Court in the said judicial district, or, in the province of Saskatchewan or Alberta, with the clerk of the Supreme Court of the Northwest Territories, pending the abolition of that Court by the legislature of the province, or thereafter, with the clerk of such superior court of justice, as in respect of the civil jurisdiction of the said Court, is established for the province in lieu thereof, for the judicial district in which such electoral district or any part thereof is situated, or, in the Yukon Territory, with the clerk of the Yukon Territorial Court, as the case may be, the sum of one hundred dollars in legal tender, or in the bills of any chartered bank doing business in Canada, as security for the costs in connection with the recount or final addition, of the candidate appearing by the addition to be elected, the said judge shall Time to be appoint a time within four days after the receipt of the said affidavit by him, to recount the votes or to make the final addition thereof, as the case may be. 57-58 V., c. 15, s. 11; 63-64 V., c. 12, s. 90; 2 E. VII., c. 37, s. 50; 4-5 E. VII., c. 3, s. 16,. c. 42, s. 16.

appointed.

[blocks in formation]

194. The judge shall give notice in writing to the candidates or their agents of the time and place at which he will proceed to recount the votes, or to make such final addition, as the case may be; and the judge may, at the time of the application or afterwards, direct that service of the notice upon the candidates or their agents may be substitutional, or may be made by mailor by posting, or in such other manner as he thinks fit. 63-64V., c. 12, s. 90.

195. The judge shall summon and command the returning officer and his election clerk to attend then and there with the parcels containing the ballot papers used at such election, or the original statements of the deputy returning officers, as the case

[blocks in formation]
« ПретходнаНастави »