Elections Act (amended)

BILL NO. 162

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
65 Elizabeth II, 2016

Government Bill

Elections Act
(amended)

The Honourable Diana C. Whalen
Minister responsible for the Elections Act

First Reading: April 25, 2016

(Explanatory Notes)

Second Reading: April 26, 2016

Third Reading: May 17, 2016 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) changes the beginning of the election period for a by-election from the occurrence of a vacancy to the issuance of the writ and changes the end of the election period for a general election or a by-election from when a candidate is elected to the close of polls on election day; and

(b) corrects the alphabetical order of the clauses.

Clause 2 imposes a maximum writ period of 46 days.

Clause 3 allows a candidate at a general election, and any spouse of the candidate who lives with the candidate, the option of voting in any polling division in the electoral district in which the candidate is running.

Clause 4 allows Elections Nova Scotia to add fictitious names to the lists of electors provided to municipalities and school boards for their elections, as is done with the lists provided to parties, candidates and MLAs, to enhance its ability to uncover misuse of the list of electors and to assist in tracing the source of the misuse.

Clause 5 clarifies the instructions for the presiding officer with respect to ballots from continuous polls.

Clause 6 amends the definition of "election expenses" to align it with the new definition of "during an election".

Clause 7 requires the collection of signatures on the petition supporting an application for registration of a political party within 12 months of the date of submission.

Clause 8 requires the official agent to return unused tax receipts to the Chief Electoral Officer.

Clause 9 expands the prohibition on campaign advertising to include advertising within 60 metres of the entrance to a polling station.

Clause 10 amends the House of Assembly Act to align the maximum writ period with that in the Elections Act as a result of Clause 2.

An Act to Amend Chapter 5
of the Acts of 2011,
the Elections Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 5 of the Acts of 2011, the Elections Act, as amended by Chapter 17 of the Acts of 2015, is further amended by

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

(da) "during an election" means the period commencing with the dissolution the House of Assembly, or the issuance of the writ for a by-election, and ending at the close of the polls on election day;

and

(b) striking out clause (f).

2 Clause 29(b) of Chapter 5 is amended by adding "and not more than forty-six days" immediately after "days" in the last line.

3 Subsection 38(2) of Chapter 5 is repealed and the following subsection substituted:

(2) A candidate at a general election, and any spouse of the candidate who lives with the candidate and is qualified as an elector, may have their names entered on the list of electors for either

(a) the polling division in which the candidate resides; or

(b) any polling division in the electoral district in which the candidate is running.

4 Subsection 62(1) of Chapter 5 is amended by

(a) striking out "and" in the second line and substituting a comma; and

(b) adding ", and within the information disclosed to a municipality or school board pursuant to clause 62(3)(a)," immediately after "election" in the third line.

5 Clause 142A(b) of Chapter 5, as enacted by Chapter 17 of the Acts of 2015, is amended by striking out "advance" in the second line and substituting "continuous".

6 Clause 166(i) of Chapter 5, as enacted by Chapter 17 of the Acts of 2013 and amended by Chapter 17 of the Acts of 2015, is further amended by striking out "occurrence of a vacancy in consequence of which a writ for an election is eventually issued" in the first four lines and substituting "issuance of the writ for a by-election".

7 Subsection 180(4) of Chapter 5 is repealed and the following subsections substituted:

(4) An application for registration pursuant to this Section must be accompanied by a complete and accurate petition in the prescribed form requesting registration of the political party.

(4A) The petition required under subsection (4) must be signed by no fewer than twenty-five electors in each of ten different electoral districts, whose signatures must have been obtained no earlier than twelve months before the date the application is submitted to the Chief Electoral Officer.

8 Subsection 252(6) of Chapter 5, as amended by Chapter 17 of the Acts of 2015, is further amended by striking out "returning officer who provided the tax receipts pursuant to clause 2(b)," in the second and third lines and substituting "Chief Electoral Officer".

9 Subsection 304(1) of Chapter 5 is amended by adding "or polling station" immediately after "office" in the second line.

10 Subsection 10(1) of Chapter 1 (1992 Supplement) of the Revised Statutes, 1989, the House of Assembly Act, is amended by striking out "twelve months after the vacancy occurs" in the last line and substituting "forty-six days of the issuance of the writ".

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2016 Crown in right of Nova Scotia. Created May 18, 2016. Send comments to legc.office@novascotia.ca.

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