Elections Act (amended)

BILL NO. 119

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2006

Government Bill

Elections Act
(amended)

The Honourable Michael G. Baker, Q.C.
Government House Leader

First Reading: November 17, 2006

(Explanatory Notes)

Second Reading: November 21, 2006

Third Reading: November 23, 2006 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 provides that an elector votes in the electoral district where the elector is ordinarily resident on the day the elector votes.

Clause 2 requires the Chief Electoral Officer to provide the preliminary lists of electors annually to all recognized parties and independent candidates, except for certain personal information of electors contained in the preliminary lists.

Clauses 3 and 4 provide that a nomination paper is only valid for one election period.

Clause 5 clarifies that both the agent at large and the official agent of a candidate may be in the same polling station.

Clauses 6, 7 and 9 permit an elector to vote by write-in ballot or vote at the advance or special polls without giving a reason.

Clause 8 permits the ballots from an advance poll to be counted at the returning office for the electoral district.

Clause 10 revises the provisions of the Elections Act dealing with advertising relating to elections.

Clause 11 clarifies that a chartered accountant can be appointed by a candidate as the candidate's auditor.

Clause 12 updates wording in the Elections Act.

Clause 13 provides that this Act comes into force on proclamation.

An Act to Amend Chapter 140
of the Revised Statutes, 1989,
the Elections Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 28(1) of Chapter 140 of the Revised Statutes, 1989, the Elections Act, as amended by Chapter 43 of the Acts of 2001, is further amended by

(a) striking out "and" at the end of clause (b); and

(b) striking out clause (c) and substituting the following clauses:

(c) has been ordinarily resident within the meaning of Section 31 in the Province for the six months immediately preceding the date of the writ; and

(d) is ordinarily resident in the electoral district.

2 (1) Section 31C(1) of Chapter 140, as enacted by Chapter 17 of the Acts of 2005, is amended by

(a) adding "and independent candidate" immediately after "party" in the third line; and

(b) adding ", except for the information referred to in clauses 31B(10)(c) and (e)" immediately after "list" in the last line.

(2) Subsection 31C(2) of Chapter 140, as enacted by Chapter 17 of the Acts of 2005, is amended by adding "or independent candidate" immediately after "party" in the third line.

(3) Subsection 31C(3) of Chapter 140, as enacted by Chapter 17 of the Acts of 2005, is amended by adding "or independent candidate" immediately after "party" in the first line.

(4) Section 31C of Chapter 140, as enacted by Chapter 17 of the Acts of 2005, is further amended by adding immediately after subsection (3) the following subsection:

(4) In this Section, "independent candidate" means a person referred to in paragraph (B) of subclause (i) of clause (w) of Section 3.

3 Section 66 of Chapter 140 is amended by adding immediately after subsection (4) the following subsection:

(5) A nomination paper is only valid for one election period and, for greater certainty, a nomination paper is superseded and withdrawn if a by-election is superseded and withdrawn by a general election.

4 Section 72 of Chapter 140 is amended by

(a) striking out "or" at the end of clause (a); and

(b) adding immediately after clause (a) the following clause:

(aa) if a nomination paper is superseded and withdrawn pursuant to subsection (5) of Section 66, the Minister of Finance shall return the deposit to the candidate, the candidate's official agent or personal representative; or

5 Clause 92(e) of Chapter 140 is repealed and the following clauses substituted:

(e) the agent at large of a candidate if appointed under Section 94;

(ea) the official agent of a candidate if appointed under Section 94;

6 Subsection 100(1) of Chapter 140, as enacted by Chapter 43 of the Acts of 2001, is amended by striking out ", who cannot vote in person at the special poll, at the advance poll or on ordinary polling day," in the first, second and third lines.

7 Clause 140(1)(b) of Chapter 140 is repealed.

8 Subsection 144(2) of Chapter 140 is amended by adding "or at the returning office for the electoral district" immediately after "held" in the third line.

9 Subsection 147(2) of Chapter 140 is repealed.

10 Section 176 of Chapter 140 is repealed and the following Section substituted:

176 (1) Every advertisement relating to an election printed, broadcast, published or distributed, either electronically or in hard copy, or in any other manner determined by the Chief Electoral Officer, that promotes or opposes any candidate or recognized party shall bear the words "authorized by the official agent for [name of candidate or recognized party]" and shall indicate on whose behalf the advertisement was printed, broadcast, published or distributed.

(2) No person shall print, broadcast, publish or distribute an advertisement referred to in subsection (1) that does not comply with subsection (1).

11 Subsection 191(3) of Chapter 140 is amended by adding "or a chartered accountant" immediately after "Act" in the second line.

12 Clause 202(d) of Chapter 140 is amended by striking out "in person or by proxy" in the first line.

13 Notwithstanding Section 219 of the Elections Act, this Act comes into force on such day as the Governor in Council orders and declares by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Created December 1, 2006. Send comments to legc.office@novascotia.ca.

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