The Rural Municipality Election and Voting Regulations, 1990

Transcription

1 1 The Rural Municipality Election and Voting Regulations, 1990 Repealed by Chapter L-30.1 Reg 4 (effective January 1, 2006). Fmerly Chapter R-26.1 Reg 2 (effective January 25, 1990) as amended by Saskatchewan Regulations 48/90, 94/92, 24/96 and 105/2005. NOTE: This consolidation is not official. Amendments have been incpated f convenience of reference and the iginal statutes and regulations should be consulted f all purposes of interpretation and application of the law. In der to preserve the integrity of the iginal statutes and regulations, errs that may have appeared are reproduced in this consolidation.

2 2 Table of Contents 1 Title 2 Interpretation, Act 3 Fm of oaths of election officers 4 Fm of notice f nominations 5 Fm f receipt of nomination 6 Fm f nomination 7 Notice of abandonment of poll 8 Notice of abandonment of poll 9 Fm f notice of voting 10 Fm f election of reeve 11 Fm f election of councill 12 Fm of poll book and voter registration 13 Fm of guidance of voters 14 Fm of voters registration statement 15 Fm of notice of advance voting 16 Fm of statement of results 17 Fm of notice of vote on bylaw question 18 Fm of ballot f vote on bylaw 19 Fm of ballot f vote on question Appendix Fm A Oath of Election Official Fm B Notice of Call f Nominations Fm C Receipt f Nomination Fm D Nomination Paper Fm E Notice of Abandonment of Poll Fm F Notice of Abandonement of Poll Due to Death of a Candidate Fm G Notice of Vote Fm H Ballot Fm I Ballot Fm J Poll Book Fm J.1 Voters Registration Fm and Poll Book Fm K Directions f the Guidance of Voters in Voting Fm L Voters Registration Fm Fm M Notice of Advance Voting Fm N Deputy Returning Officer s Statement of the Results of the Voting Fm O Notice of Vote on Bylaw Question Fm P Fm of Ballot Paper f Voting on Bylaw Fm Q Fm of Ballot Paper f Voting on Question

3 3 CHAPTER The Rural Municipality Act, 1989 Title 1 These regulations may be cited as The Rural Municipality Election and Voting Regulations, Interpretation, Act 2 In these regulations, Act means The Rural Municipality Act, Feb 90 cr-26.1 Reg 2 s2. Fm of oaths of election officers 3(1) Fm A of the Appendix is the fm to be used f the oath of a returning officer pursuant to subsection 80(1) of the Act. (2) Fm A of the Appendix is the fm to be used f the oath of a deputy returning officer pursuant to subsection 80(2) of the Act. 2 Feb 90 cr-26.1 Reg 2 s3. Fm of notice f nominations 4 Fm B of the Appendix is the fm to be used to state that nominations f candidates f reeve and members of council will be received pursuant to subsection 81(1) of the Act. 2 Feb 90 cr-26.1 Reg 2 s4. Fm f receipt of nomination 5 Fm C of the Appendix is the fm to be used f a receipt f nomination pursuant to subsection 81(2) of the Act. 2 Feb 90 cr-26.1 Reg 2 s5. Fm f nomination 6 Fm D of the Appendix is the fm to be used f a nomination f reeve councill pursuant to section 84 of the Act. 2 Feb 90 cr-26.1 Reg 2 s6. Notice of abandonment of poll 7 Fm E of the Appendix is the fm to be used pursuant to subsection 89(2) of the Act to give notice that a vote will not be held as only one candidate remained nominated and was declared elected. 2 Feb 90 cr-26.1 Reg 2 s7.

4 4 Notice of abandonment of poll 8 Fm F of the Appendix is the fm to be used pursuant to subsection 90(1) of the Act to give notice that a vote will not be held due to the death of a person nominated. 2 Feb 90 cr-26.1 Reg 2 s8. Fm f notice of voting 9 Fm G of the Appendix is the fm to be used f a notice of a vote pursuant to section 92 of the Act. 2 Feb 90 cr-26.1 Reg 2 s9. Fm f election of reeve 10(1) Fm H of the Appendix is the fm to be used f the ballot f an election f a reeve pursuant to section 94 of the Act. (2) The ballot is to be not me than 16 centimetres in width. (3) The top of the ballot is to contain a rectangle three centimetres in perpendicular width throughout in which is to be printed in black ink: FOR THE OFFICE OF REEVE Place X in circle to right of name YOU ARE ENTITLED TO VOTE FOR ONE CANDIDATE FOR THE OFFICE. (4) The centre of the first circle is to be one centimetre below the bder of the rectangle mentioned in subsection (3). (5) The circle is to be 12 millimetres in diameter and is to be two millimetres from the right side of the ballot paper. (6) The centres of the circles are to be two centimetres apart. (7) The rectangle mentioned in subsection (3) and the circles mentioned in subsection (6) are to be in the natural colour of the paper. 2 Feb 90 cr-26.1 Reg 2 s10; 13 Jly 90 SR 48/90 s3. Fm f election of councill 11(1) Fm I of the Appendix is the fm to be used f the ballot f an election f a councill pursuant to section 94 of the Act. (2) The ballot is to be not me than 16 centimetres in width. (3) The top of the ballot is to contain a rectangle three centimetres in perpendicular width throughout in which is to be printed in black ink: FOR THE OFFICE OF COUNCILLOR FOR DIVISION NO. Place X in circle to right of name YOU ARE ENTITLED TO VOTE FOR ONE CANDIDATE FOR THE OFFICE.

5 5 (4) The centre of the first circle is to be one centimetre below the bder of the rectangle mentioned in subsection (3). (5) The circle is to be 12 millimetres in diameter and is to be two millimetres from the right side of the ballot paper. (6) The centres of the circles are to be two centimetres apart. (7) The rectangle mentioned in subsection (3) and the circles mentioned in subsection (6) are to be in the natural colour of the paper. 2 Feb 90 cr-26.1 Reg 2 s11; 13 Jly 90 SR 48/90 s4. Fm of Poll Book and Voter Registration 12(1) Fm J of the Appendix is the fm to be used f a poll book pursuant to subsection 95(1) of the Act. (2) Fm J.1 of the Appendix is the fm to be used f the voter s registration fm and poll book pursuant to subsection 95(2) of the Act. 17 May 96 SR 24/96 s3. Fm of guidance of voters 13 Fm K of the Appendix is the fm to be used f the guidance of voters pursuant to clause 97(b) of the Act. 2 Feb 90 cr-26.1 Reg 2 s13. Fm of voters registration statement 14 Fm L of the Appendix is the fm to be used f the voter s registration fm pursuant to clause 101(1)(a) of the Act. 2 Feb 90 cr-26.1 Reg 2 s14; 17 May 96 SR 24/96 s4. Fm of notice of advance voting 15 Fm M of the Appendix is the fm to be used to give notice of advance voting pursuant to section 117 of the Act. 2 Feb 90 cr-26.1 Reg 2 s15. Fm of statement of results 16 Fm N of the Appendix is the fm to be used f the statement of results of voting pursuant to clause 128(1)(b) of the Act. 2 Feb 90 cr-26.1 Reg 2 s16. Fm of notice of vote on bylaw question 17 Fm O of the Appendix is the fm to be used f the notice of a vote on a bylaw question pursuant to section 161 of the Act. 2 Feb 90 cr-26.1 Reg 2 s17.

6 6 Fm of ballot f vote on bylaw 18 Fm P of the Appendix is the fm to be used f a ballot f the voting on a bylaw pursuant to section 162 of the Act. 2 Feb 90 cr-26.1 Reg 2 s18. Fm of ballot f vote on question 19 Fm Q of the Appendix is the fm to be used f a ballot f the voting on a question pursuant to section 162 of the Act. 2 Feb 90 cr-26.1 Reg 2 s19. Canada: Province of Saskatchewan To Wit: Appendix Fm A (Section 3) OATH OF ELECTION OFFICIAL I, of in the Province of Saskatchewan,, do swear that I will at the election to be held in the (occupation) Rural Municipality of No. on the day of, 19, truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of (insert here the name of the office) to which I have been appointed in this municipality; and that I have not received and will not receive any payment reward promise thereof f the exercise of any partiality malversation other undue execution of the said office; and that I will not unlawfully attempt to ascertain the candidate candidates f whom a voter has voted; and will not in any way aid in the unlawful attempt to ascertain the candidate candidates f whom a voter has voted; and will not in any way aid in the unlawful discovery of the same; and that I will keep secret all knowledge that may come to me of the person f whom a voter has voted. So help me God. Swn befe me at, in the Province of Saskatchewan, this day of, 19. A.J.P., N.P., Commissioner f Oaths

7 7 Fm B [Section 4] NOTICE OF CALL FOR NOMINATIONS OF NO.. Public notice is hereby given that nominations of candidates f the offices of: (Complete as applicable) REEVE, COUNCILLOR FOR DIVISION NO., COUNCILLOR FOR DIVISION NO., COUNCILLOR FOR DIVISION NO., COUNCILLOR FOR DIVISION NO., COUNCILLOR FOR DIVISION NO., will be received by the undersigned at the municipal office during nmal office hours until Monday, October, 19 at 3:00 p.m. local time. (Date of 3rd Monday) Nomination fms may be obtained from the municipal office. Dated this day of October, 19. Returning Officer 25 Sep 92 SR 94/92 s2. Fm C [Section 5] RECEIPT FOR NOMINATION I hereby acknowledge that I have received a completed nomination paper f of (name) (postal address) a candidate f the office of: Reeve of the municipality Councill f Division No. signed this day of, 19. Returning Officer Nomination Officer 25 Sep 92 SR 94/92 s2.

8 8 Fm D (Section 6) NOMINATION PAPER We the undersigned voters of the Rural Municipality of No., hereby nominate: NAME OCCUPATION ADDRESS to be a candidate at the election to be held on the day of, 19, f the office of: Signature REEVE OF THE MUNICIPALITY COUNCILLOR FOR DIVISION NO. Name in Block Letters NOTE: In the case of nomination f REEVE this fm must be signed by two voters of the municipality. In the case of nomination f COUNCILLOR this fm must be signed by two voters of the division. CANDIDATE S ACCEPTANCE I,, a candidate nominated f the position of: REEVE OF THE MUNICIPALITY COUNCILLOR FOR DIVISION NO. declare that: 1. I am at least 18 years of age; 2. I am a Canadian citizen; 3. I am eligible to vote in the municipality; 4. I am a resident of Saskatchewan; 5. I am not disqualified by The Rural Municipality Act, 1989, any other Act from holding the office f which I am a candidate. Signed this day of, 19. Witness Signature of Candidate

9 9 Fm E (Section 7) NOTICE OF ABANDONMENT OF POLL The Rural Municipality No. Municipal Elections 19. Division No.. Whereas nominated f the office of has withdrawn his her candidature f the office, leaving the only candidate, I hereby give notice that no voting f the office will take place on the day of. (date of voting) Given under my hand at this day of, 19. Returning Officer Fm F (Section 8) NOTICE OF ABANDONMENT OF POLL DUE TO DEATH OF A CANDIDATE The Rural Municipality of No. Municipal Elections 19. Division No. Public notice is hereby given that due to the death of, (name) a candidate nominated f the office of, the number of persons now remaining in nomination does not exceed the number to be elected to that office. Consequently, pursuant to section 90 of The Rural Municipality Act, 1989, no voting f the office will take place at the election to be held, 19. Public notice is futther given that, in accdance with that Act: 1. The council, at its next meeting, shall fix a date as nomination day and the date f holding a by-election f that office. 2. A person, other than the candidate who has died, who was nominated befe the abandonment of poll is deemed to have been nominated f the by-election without having to be nominated again on the new nomination day. Dated at, this day of, 19. Returning Officer

10 10 Fm G (Section 9) NOTICE OF VOTE OF Municipal Elections 19 No. PUBLIC NOTICE is hereby given that a vote will be held f the election of a Reeve f the Municipality and of a Councill f Divisions No., that the vote will take place on the day of 19, 9:00 a.m. to p.m. at: DIVISION No. 1, POLL AT DIVISION No. 2, POLL AT DIVISION No. 3, POLL AT DIVISION No. 4, POLL AT DIVISION No. 5, POLL AT DIVISION No. 6, POLL AT DIVISION No. 7, POLL AT DIVISION No. 8, POLL AT DIVISION No. 9, POLL AT DIVISION No. 10, POLL AT and that I will at on the day of 19, at the hour of, declare the result of the voting. Given under my hand at this day of 19. Returning Officer

11 11 Fm H (Section 10) BACK OF BALLOT D.R.O. INITIALS PRINTER S NAME & ADDRESS

12 12 Fm I (Section 11) BACK OF BALLOT D.R.O. INITIALS PRINTER S NAME & ADDRESS

13 13 Fm J (Section 12) POLL BOOK FOR DIVISION NO. OF THE OF NO. RECORD OF ELECTION HELD THIS day of 19. FOR THE ELECTION OF Voted Voted Voted F Swn Entry Name of f f Bylaw refused to Remarks Number Voter Reeve Councill Question swear

14 14 FORM J.1 [Subsection 12(2)] Voter s Registration Fm and Poll Book Name: (print) Address: (print) Complete the following by marking an x in front of the statements that are crect: 1. I am at least 18 years of age. 2. I am a Canadian citizen. 3. I am a burgess of the municipality and, as such: (a) I am the registered owner ( purchaser under a bona fide agreement f sale) of taxable land in the municipality. (b) I am assessed as an occupant of land in the municipality that is exempt from taxation. (c) I am assessed with respect to an improvement in the municipality. (d) I am an occupant of land improvements in the municipality that are used f business purposes. (e) I am licensed in the municipality with respect to a trailer, mobile home ptable shack. (f) I am a resident of the municipality and a shareholder of a duly incpated co-operative cpation a member of a religious association that is assessed on the last revised assessment roll with respect to land an improvement that is not exempt from taxation that is licensed in the municipality with respect to a home-based business. (g) I am a resident of Saskatchewan and the chief executive officer of a duly incpated co-operative, cpation religious association that is assessed on the last revised assessment roll with respect to land an improvement that is not exempt from taxation that is licensed in the municipality with respect to a home-based business. (h) I am the spouse of a person mentioned in clause (a), (b), (c), (d), (e) (f), and I reside with that person in the municipality.

15 15 4. I am an elect of the municipality and, as such: (a) I have resided in the municipality f at least six months. (b) I reside in Saskatchewan but outside the municipality with my spouse who is a burgess of the municipality. I declare that I am a voter entitled to vote in Division No. of the Rural Municipality of No. and that the infmation given by me on this fm is true. Dated this day of, 20. Witness (Deputy Returning Officer) Voter VOTED IN RESPECT OF Reeve Councill Bylaw Question Swn refused to swear REMARKS Entry No. 30 Sep 2005 SR 105/2005 s2. Fm K (Section 13) DIRECTIONS FOR THE GUIDANCE OF VOTERS IN VOTING The voter will go into the compartment and with a pencil provided in the compartment place a cross (thus, X) on the right hand side of the ballot opposite the name of the candidate f whom he she votes. The voter will fold up the ballot so as to show the initials of the Deputy Returning Officer signed on the back, and leaving the compartment will, without showing the front of the ballot to any person, deliver the ballot so folded to the Deputy Returning Officer and fthwith leave the polling place. If the voter inadvertently spoils the ballot, he she may return it to the Deputy Returning Officer, who will give the voter another ballot. If the voter votes f me candidates f any office than he she is entitled to vote f, his her ballot will be void and will not be counted f any of the candidates f that office. If the voter places any mark on his her ballot by which he she may afterwards be identified, if the ballot has been tn, defaced otherwise dealt with by the voter so that he she can thereby be identified, it will be void and not counted.

16 16 FORM L [Section 14] Voter s Registration Fm Name:Name: (print) Address: (print) Complete the following by marking an x in front of the statements that are crect: 1. I am at least 18 years of age. 2. I am a Canadian citizen. 3. I am a burgess of the municipality and, as such: (a) I am the registered owner ( purchaser under a bona fide agreement f sale) of taxable land in the municipality. (b) I am assessed as an occupant of land in the municipality that is exempt from taxation. (c) I am assessed with respect to an improvement in the municipality. (d) I am an occupant of land improvements in the municipality that are used f business purposes. (e) I am licensed in the municipality with respect to a trailer, mobile home ptable shack. (f) I am a resident of the municipality and a shareholder of a duly incpated co-operative cpation a member of a religious association that is assessed on the last revised assessment roll with respect to land an improvement that is not exempt from taxation that is licensed in the municipality with respect to a home-based business. (g) I am a resident of Saskatchewan and the chief executive officer of a duly incpated co-operative, cpation religious association that is assessed on the last revised assessment roll with respect to land an improvement that is not exempt from taxation that is licensed in the municipality with respect to a home-based business. (h) I am the spouse of a person mentioned in clause (a), (b), (c), (d), (e) (f), and I reside with that person in the municipality.

17 17 4. I am an elect of the municipality and, as such: (a) I have resided in the municipality f at least six months. (b) I reside in Saskatchewan but outside the municipality with my spouse who is a burgess of the municipality. I declare that I am a voter entitled to vote in Division No. of the Rural Municipality of No. and that the infmation given by me on this fm is true. Dated this day of, 20. Witness (Deputy Returning Officer) Voter 30 Sep 2005 SR 105/2005 s2. Fm M (Section 15) NOTICE OF ADVANCE VOTING The Rural Municipality of No. Municipal Elections 19. Public notice is hereby given that the council has made provision f advance voting f the benefit of qualified voters who have reason to believe that they will be necessarily absent from their places of residence on election day. Advance voting will take place on the day of (day of week) 19 between the hours of at. (specify hours fixed by council) (specify voting place) Given under my hand at, this day of, 19 Returning Officer

18 18 Fm N (Section 16) DEPUTY RETURNING OFFICER S STATEMENT OF THE RESULTS OF THE VOTING OF No. Division No. Date of Election Total Vote Polled Candidates f Reeve Number of Votes in Wds Number of Votes in Figures Candidates f Councill Bylaw/Question: F ( Yes) Against ( No) BALLOT ACCOUNT STATEMENT Number of: Reeve Councill Bylaw/Question Ballots counted Rejected Cancelled Declined Unused TOTAL: (being number of ballots supplied) Witnesses: Witnesses: Witnesses: Witnesses: Deputy Returning Officer Poll Clerk

19 19 Fm O (Section 17) NOTICE OF VOTE ON BYLAW OR QUESTION OF No. PUBLIC NOTICE IS HEREBY GIVEN to the Burgesses ( voters) of the Rural Municipality of No. (Insert a summary of bylaw question to be submitted) that a vote will be taken on on the day of 19 between the hours of nine a.m. and p.m. at the following places: DIVISION No. 1: DIVISION No. 2: DIVISION No. 3: DIVISION No. 4: DIVISION No. 5: DIVISION No. 6: DIVISION No. 7: DIVISION No. 8: DIVISION No. 9: DIVISION No. 10: AND THAT I WILL at on the day of, 19, at o clock M. declare the result of the voting. Given under my hand at, this day of, 19. Returning Officer

20 20 Fm P (Section 18) FORM OF BALLOT PAPER FOR VOTING ON BYLAW Note: Mark your ballot f against the bylaw placing an X in the circle to the right of the wds which express your intention. Do not write any wd other figure on this ballot. Vote on bylaw to F the Bylaw (here state object of the bylaw) submitted by the Rural Municipality of No. this day of, 19. Against the Bylaw 2 Feb 97 cr-26.1 Reg 2. Fm Q (Section 19) FORM OF BALLOT PAPER FOR VOTING ON QUESTION Note: Mark your ballot f against the bylaw placing an X in the circle to the right of the wds which express your intention. Do not write any wd other figure on this ballot. Vote on the Question: Yes (here state question) submitted by the Rural Municipality of No. this day of, 19. No REGINA, SASKATCHEWAN Printed by the authity of THE QUEEN S PRINTER Copyright 2005