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perform the duties and to fulfil all the obligations of that office in like manner as if he had been appointed returning officer, and shall not be required to possess any other qualification or to take the oath (form 29). R.S.S. 1909, c. 3,

s. 112.

BALLOT BOXES.

furnished

119.-(1) The Clerk of the Executive Council shall Ballot boxes transmit to the returning officer a sufficient number of ballot boxes for the purposes of the election.

(2) The returning officer shall at least two days before polling day deliver or cause to be delivered one ballot box to each deputy returning officer appointed for the purposes of the election.

(3) The ballot boxes shall be made of durable material, provided with lock and key and so constructed that a ballot paper can be deposited therein and cannot be withdrawn without unlocking the box. R.S.S. 1909, c. 3, s. 113; 1917, c. 5, s. 8.

120. The property in the ballot boxes, ballot marking instruments, books, papers and documents for or used at an election shall be in His Majesty. 1909, c. 3, s. 114.

[blocks in formation]

sup-Duty of pre- returning

121. A deputy returning officer who has not been plied with a ballot box within the time herein before scribed shall forthwith procure one to be made. R.S.S. 1909, c. 3, s. 115.

deputy

officer as to

et box ballot box

ballot boxes

122. After the election the returning officer shall deliver Return of the ballot boxes to the Clerk of the Executive Council who to clerk of shall preserve them for use at future elections. R.S.S. 1909, Council c. 3, s. 116.

Executive

POLLING PLACES.

each

123.-(1) The returning officer on receiving the writ Polling places shall fix and provide a polling place for each polling sub-polling division division in the most central or most convenient place for the

voters:

Provided, however, that whenever the greater convenience of voters would be suited thereby the polling place for a polling subdivision not included within the limits of a city, town or village but adjacent thereto, may instead of being fixed and provided in such polling subdivision be fixed and provided in the city, town or village which it so adjoins;

Provided, further, that, in case local conditions should require a division of the territory included within an established polling subdivision, the returning officer may divide the territory into two or more polling subdivisions; the list

Additional polling places where more than prescribed Dumber of voters

Separate lists prepared in such case

Polling places designated by initial letters

Deputy returning officer for

each station

for voters to mark ballots

of voters for such established polling subdivision shall be divided according to such new subdivisions under the direction of a district court judge who shall certify to such new lists, and such certified lists shall be used by the deputy returning officers at the election.

(2) The returning officer may take and use as a polling place any school house the property of a duly organised school district, if such school house is convenient for the purpose.

(3) The building in which the poll is held shall not be a place where intoxicating liquor is sold and there shall be free access to the poll for every voter. R.S.S. 1909, c. 3, s. 117; 1912-13, c. 46, s. 10.

124. If the list of voters for a polling subdivision contains over two hundred names the returning officer shall provide one or more separate and additional polling places in the same building, or in separate buildings as near to one another as possible, for the polling of the votes in such polling subdivision and shall so arrange that not more than one hundred and fifty and, when practicable, not fewer than one hundred qualified voters' names shall be on the list for each polling place. R.S.S. 1909, c. 3, s. 118.

125.-(1) The returning officer in such cases shall prepare or cause to be prepared from the list of voters for the polling subdivision a separate list for each polling place arranged in alphabetical order according to the initial letter of the surname of each voter.

(2) Each separate polling place shall be designated by the initial letters of the surnames of the voters on the list who are to vote in such polling place in the following manner that is to say: from A to K and from L to R and from S to Z or as the case may be.

(3) Every voter on the list of voters the initial letter of whose surname is included within the letters of the alphabet designating a polling place shall vote in the polling place so designated.

(4) The returning officer shall appoint a deputy returning officer for each polling place and shall deliver to such deputy in due time a list certified by him to be a correct list of all voters on the list of voters whose surnames commence with the letters of the alphabet by which such polling place is designated. R.S.S. 1909, c. 3, s. 119.

Compartment 126. Every polling place shall be furnished with compartments in which the voters may mark their ballot papers screened from observation; and it shall be the duty of the

returning officer and the deputy returning officer respectively to see that a sufficient number of compartments is provided at each polling place. R.S.S. 1909, c. 3, s. 120.

NOMINATION.

Procedure by Returning Officer.

manner of

127. (1) At any time after the date of the writ and Time and before two o'clock in the afternoon of the day fixed for the nomination nomination, any four or more voters may nominate a candidate by signing before a person authorised to administer oaths within the province, or before the returning officer, and causing to be filed with the returning officer, a nomination paper (form 33). A vote given at the election. for person other than a candidate so nominated shall be null and void.

(2) The nomination paper shall state an address within Saskatchewan at which legal process and notices or other documents issued or to be served either under this Act or under The Controverted Elections Act may be served upon the candidate; and the leaving of a copy of such process, notice or other document at such address shall be deemed equivalent for all purposes to personal service thereof upon the candidate. R.S.S. 1909, c. 3, s. 121.

128.—(1) A nomination paper shall be invalid and shall not be acted upon by the returning officer unless:

(a) it is accompanied by the consent in writing of the
person therein nominated (except when such
person is absent from the electoral division when
such absence shall be stated in the nomination
paper); and

(b) a sum of $100 is deposited in the hands of the
returning officer at the time the nomination paper
is filed with him.

(2) The returning officer shall, the foregoing requirements of this section having been complied with, give his receipt for the nomination paper; which receipt shall in every case be sufficient evidence of the production of the nomination paper, of the consent of the candidate and of payment of the deposit.

(3) The sum of money hereinbefore mentioned shall be tendered;

(a) in gold coin; or

(b) in Dominion of Canada notes; or

(c) in the bills of any chartered bank doing business
in Canada or a cheque for such amount drawn upon
and accepted by such bank; or

Nomination papers

procedure

(d) partly in one and partly in another or others of the descriptions of moneys herein mentioned;

and the returning officer shall not be obliged to accept such tender if any part of it consists of descriptions of money other than those herein specified.

(4) The sum deposited shall be returned to the candidate in the event of his being elected or of his obtaining in the final count at least one-half the number of votes polled in favour of the candidate elected.

(5) If a candidate dies after being nominated and before the close of the poll the deposit shall be returned to his personal representatives.

(6) An unsuccessful candidate who has not obtained the number of votes required by subsection (4) shall forfeit his deposit, in which case it shall be transmitted by the returning officer to the Clerk of the Executive Council and by him deposited to the credit of the consolidated fund of the province. R.S.S. 1909, c. 3, s. 122.

Procedure at hustings

Closing nominations

Procedure when only

NOMINATION PROCEEDINGS.

129. Every returning officer shall on the date of nomination and at the place fixed therefor proceed to the hustings, which shall be at such place that all the voters may have free access thereto, and at the hour of twelve of the clock noon shall read or cause to be read publicly the writ of election and shall forthwith read in an audible voice the nominations which he has received and from time to time. until two o'clock of the same day shall read any further nominations which he receives. R.S.S. 1909, c. 3, s. 123.

130. At the hour of two o'clock in the afternoon the returning officer shall declare the nominations closed and shall announce in an audible voice the names of the several candidates. R.S.S. 1909, c. 3, s. 124.

131. If, at the close of the nominations for the vacancy, one candidate only one candidate remains in nomination, the returning officer shall then and there:

nominated

(a) declare the said candidate duly elected;

(b) give to such candidate, or if he is absent then to any of his agents, a certificate that such candidate has been duly elected;

(c) forward to the Clerk of the Executive Council the writ of election together with a certificate in writing declaring such candidate duly elected and all ballot boxes, poll books and other books, forms, seals, materials and things which have been sent to him to be used in the election and which have not been used. R.S.S. 1909, c. 3, s. 125.

when more

candidate

132. (1) If at the close of the nominations, more than Procedure one candidate for the vacancy remains in nomination, the than one returning officer shall announce the day upon which a poll nominated will be held and the day, hour and place at which the ballots will be counted, which day shall be the seventh day after the day fixed for the polling; and shall deliver to every candidate or to any person authorised in writing by the candidate or by any of his nominators to act in his behalf a list of the candidates nominated.

officer

names and

agents

(2) The returning officer shall announce the names and Returning addresses of the official agents of the candidates at the place publishes and on the day of nomination, and on or immediately after addresses of said date shall publish such names and addresses in a newspaper published within the electoral division or in case no newspaper is published within the division then in the newspaper published nearest thereto. R.S.S. 1909, c. 3, s. 126.

may withdraw

133.-(1) A candidate nominated may withdraw at any Candidate time after his nomination and before the close of the poll his by filing with the returning officer a declaration in writing (form 34) signed by himself.

(2) Votes cast for a candidate who shall have so withdrawn shall be null and void.

(3) If after a withdrawal there remains only one candidate for the vacancy the returning officer shall forthwith declare the said candidate duly elected and shall proceed as directed in section 131:

Provided that if a candidate withdraws after his nomination he shall forfeit the money deposited by him and the returning officer shall transmit the same to the Clerk of the Executive Council as provided in section 128 hereof. R.S.S. 1909, c. 3, s. 127.

DEATH OF A CANDIDATE.

nomination

candidate

134. (1) If a candidate dies after being nominated and Death of before the close of the poll the returning officer shall fix new days for the nomination of candidates and for polling. The nomination day shall be the soonest day practicable after allowing the required delay between the posting up of the proclamation and the nomination day.

(2) The returning officer shall along with his return make a report to the Clerk of the Executive Council of the cause which occasioned the postponement of the election. R.S.S. 1909, c. 3, s. 128.

ELECTION NOTICE.

135. If a poll is required, the returning officer shall as soon as possible after the close of the nomination cause to be posted up, at all the places where the proclamation (form

Election

notice

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