Poll. 58. In the Yukon Territory, the poll shall be held on the When poll twenty-eighth day next after the expiration of the day fixed shall be had. for the nomination of candidates, that is, on the same or corresponding day of the week as that on which the nomination has taken place, or, if such twenty-eighth day is a statutory holiday, then on the next following day not being a Sunday or statutory holiday. 2 E. VII., c. 37, s. 26. vote at 59. In the provinces of Saskatchewan and Alberta and the When Yukon Territory, any deputy returning officer, candidate, agent centers and or poll clerk who belongs to a polling division other than the agents may one at which he is employed on the polling day shall be per polling mitted to vote at the polling station where he is so employed, stations provided he produces a certificate from the enumerator of the polling division to which he belongs that he is a qualified voter in such polling division, which certificate such enumerator shall give gratis to any qualified elector who is so stationed outside of his polling division. where em ployed. 2. In the provinces of Saskatchewan and Alberta, in issuing Certificates such certificates, every enumerator, in Saskatchewan and (a) shall not issue more than three certificates for use in Alberta. any one polling division to the agents of any candidate; (b) shall mention on such certificate the date of issue and sign such certificate; (c) shall number consecutively in the order of issue any such certificate; and, (d) shall not issue in blank any such certificate. 3. Each such certificate, in the provinces of Saskatchewan What to and Alberta, shall contain in writing the name of the person to contain. whom it is issued, and shall state that such person is a qualified elector, the polling division in which he is entitled to vote, and, if he is a deputy returning officer, agent or poll clerk, the polling station for which he is appointed. R.S., c. 7, s. 48; 2 E. VII., c. 37, s. 43; 4-5 E. VII., c. 28, s. 3. 60. In the provinces of Saskatchewan and Alberta and Entry in the Yukon Territory, in case any vote is recorded, as provided such case. in the next preceding section, in a polling division other than that in which the voter resides, the voter shall file with the deputy returning officer the certificate provided for in said section; and there shall be entered in the poll book opposite the voter's name in the column for remarks, a memorandum stating that he has voted under such certificate, giving, except in the Yukon Territory, the number of such certificate, and stating the particular office or position which the voter is filling at the polling station. 2 E. VII., c. 37, s. 44; 4-5 E. VII., c. 28, s. 4. of Administra 61. Every deputy returning officer in the provinces Saskatchewan and Alberta and the Yukon Territory, may, to electors. 71 and tion of oath Oath in form 7 to voter whose name and shall, when he is required so to do by any candidate or agent of a candidate, administer to any elector either one or both of the oaths set forth in form Z. R.S., c. 7, s. 43; 2 E. VII., c. 37, s. 40. 62. In the provinces of Saskatchewan and Alberta, the deputy returning officer shall, while the poll is open, if required is not on list. by any person whose name is not on the voters' list, administer to such person oath number one in form Z, and, such oath having been taken, the deputy returning officer shall at once cause such person's name to be added to the voters' list, with the word Sworn written thereafter. 60 V., c. 5, s. 6. Elector refusing to be sworn. Correction of the voters' list. Which voters may vote. 63. Every person whose name is on the voters' list, unless sworn as in the next preceding section provided, shall before being permitted to vote, if required by any candidate, agent or elector, take the oath number one in form Z, and, if he refuses to take the same, erasing lines shall be drawn through his name on the voters' list and in the poll book, if such name has been entered in the said book, and the words Refused to be sworn written thereafter; and any person whose name is so erased shall not be permitted to vote at the said election. R.S., c. 7, ss. 45, 46; 2 E. VII., c. 37, s. 41. 64. The poll clerk shall make such additions, alterations and erasures in the voters' list, and such entries in the poll book, as the deputy returning officer directs him to make, as is required by any provision of this Part. R.S., c. 7, s. 52; 2 E. VII., c. 37, s. 46. 65. Every voter shall be entitled to vote whose name is on the voters' list and has not been erased therefrom in accordance with the foregoing provisions of this Part. R.S., c. 7, s. 46; 2 E. VII., c. 37, s. 42. PART III. Application. Who shall not vote. Judges. GENERAL. Application. 66. This Part, except as therein otherwise specially provided, applies to the provinces including Saskatchewan and Alberta and to the Yukon Territory. Disqualification of Voters. 67. The following persons shall be disqualified and incompetent to vote at any election: -- (a) The judges of every court whose appointment rests with the Governor in Council; (b) Persons disfranchised for corrupt practices under this Persons disAct; qualified. voters. or persons (c) Persons disfranchised under the Disfranchising Act; Disfranchised (d) Any person who, at the time of an election, is a prisoner Prisoners, in a gaol or prison undergoing punishment for a criminal or patients offence, or is a patient in a lunatic asylum, or is main- in asylum tained in whole or in part as an inmate receiving chari- supported by charity. table support or care in a municipal poor house or house of industry, or is an inmate receiving charitable support in any institution receiving aid from the government of the province under any statute in that behalf. 2. Any person hiring any horse, cab, cart, wagon, sleigh, Paid carters. carriage, or other conveyance for any candidate, or for any agent of a candidate, for the purpose of conveying any voter or voters to or from any polling place, shall, ipso facto, be disqualified from voting at such election. 57-58 V., c. 15, s. 1; 61 V., c. 14, ss. 2, 6; 63-64 V., c. 12, ss. 7, 9, 113; 2 E. VII., c. 37, s. 3. officers and 68. The following persons shall be disqualified and incom- Returning petent to vote at an election for the electoral district for which election or for a portion of which they hold their offices or positions:- Cerks. (a) Returning officers and election clerks, but not deputy returning officers, poll clerks or constables whether appointed by the returning officer or by a deputy returning officer, employed in connection with the election; (b) Any person who, at any time, either before or during the election, has been or is employed at the same election or in reference thereto, by any person as counsel, attorney, Attorneys, solicitor, agent or clerk at any polling place at any such agents, etc., paid or election or in any other capacity, and who has received or expecting expects to receive, either before, during or after the said pay. election, from any person for acting in any such capacity, any sum of money, fee, office, place or employment, or any promise, pledge or security for any sum of money, fee, office, place or employment. of returning 2. The returning officer may nevertheless, as by this Act Casting vote provided, vote in the case of an equality of votes between officer. candidates. R.S., c. 7, s. 14; 63-64 V., c. 12, s. 8; 2 E. VII., c. 37, s. 14. Qualification of Candidates. of candi 69. Except as in this Act otherwise provided, any British Qualification subject may be a candidate in an election for a seat in the dates. House of Commons. 2. No qualification in real estate shall be required of any candidate. 63-64 V., c. 12, s. 4. 73 Disqualifications. Disqualifications. On account of corrupt practices. Government contractors. Member of legislature. Certain public officers. Persons in the employ of Government Ministers excepted. Disqualifications. 70. The respective persons hereunder mentioned shall not for the time specified as to each such person be eligible as candidates at any election, namely: (a) Every person as a candidate at any election proved (c) Every person other than a candidate found guilty of (d) Every person directly or indirectly, alone or with any other person, by himself or by the interposition of any trustee or third party, holding or enjoying, undertaking or executing any contract or agreement expressed or implied with or for the Government of Canada on behalf of the Crown, or with or for any of the officers of the Government of Canada, for which any public money of Canada is to be paid, during the time he is so holding, or enjoying, undertaking or executing; (e) Every person who is a member of the legislature of any province, during the time he is such member; (f) Every person holding the office of sheriff, registrar of deeds, clerk of the peace or county Crown attorney, during the time he is holding such office; (g) Every person accepting or holding any office, commission or employment permanent or temporary in the service of the Government of Canada at the nomination of the Crown or at the nomination of any of the officers of the Government of Canada to which any salary, fee, wages, allowance, emolument or profit of any kind is attached, during the time he is so holding any such office, commission or employment: Provided that this section shall not apply to the office of President of the Privy Council, Minister of Finance, Minister of Justice, Minister of Militia and Defence, Secretary of State, Minister of the Interior, Minister of Railways and Canals, Minister of Public Works, Postmaster General, Minister of Agriculture, 74 ture, Minister of Inland Revenue, Minister of Customs, Minister of Marine and Fisheries, Minister of Trade and Commerce, Solicitor General, or any office which is hereafter created to be held by a member of the King's Privy Council for Canada and entitling him to be a minister of the Crown. 50-51 V., c. 14, s. 4; 57-58 V., c. 15, s. 2; 63-64 V., c. 12, ss. 5, 126, 128, 129. 71. The election of any person declared to be ineligible by Election of this Act shall be void. disqualified person void. having next greatest votes to be 2. If a member of the legislature of any province, notwith- Person standing his disqualification, receives a majority of votes at an election, the returning officer shall return the person having number of the next greatest number of votes, provided he is otherwise returned in eligible. R.S., c. 13, s. 2; 57-58 V., c. 15, s. 2; 63-64 V., c. 12, certain cases. s. 6; 2 E. VII., c. 37, s. 55. Oaths. tion of oaths. 72. Any affidavit required to be made for any of the pur- Administraposes of this Act may be sworn before any commissioner for taking affidavits in a superior court of any province. 63-64 V., c. 12, s. 154. mations. 73. Any person before whom it is herein provided that any And of affiroath is to be taken, or any affirmation made, shall have power to administer it, and shall administer it gratuitously. 63-64 V., c. 12, s. 154. 74. The returning officer at any election shall have power to Administration by administer any oath or affirmation required by this Act with returning respect to such election; and the deputy returning officer or officer. poll clerk may administer any such oath or affirmation, except such as is required to be administered to the returning officer. 63-64 V., c. 12, s. 154. Writs of Election. return of 75. Every writ for an election shall be in form A and shall Date and be dated and be returnable on such days as the Governor Gen- writ, etc. eral determines, and shall be addressed and forwarded by the Clerk of the Crown in Chancery to the person appointed by the Governor General, as hereinafter provided, and shall be transmitted to such person by mail, unless otherwise ordered by the Governor General. R.S., c. 7, ss. 5, 7; 63-64 V., c. 12, s. 10; 2 E. VII., c. 37, ss. 5, 7. Returning Officer. 76. The person to whom a writ for an election is so Returning addressed shall be the returning officer at such election: Pro- officer. |