Election Amendment Act, 1996
EXPLANATORY NOTE
The Election Act requires a new enumeration for every general election and by-election. The Bill eliminates this requirement for by-elections called on or after April 11, 1996, and less than 12 months after a general election. In by-elections of this kind, the lists of electors prepared for the previous general election shall be used instead.
The usual revision procedures apply, except that electors who have been omitted from the list are allowed to apply directly to the deputy returning officer to be added on polling day.
Bill 441996
An Act to amend the Election Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Election Act is amended by adding the following sections:
By-election Shortly After General Election
Application of ss. 18.2 and 18.3
18.1 Sections 18.2 and 18.3 apply to any election that meets the following criteria:
1. The election is not a general election.
2. The writ is issued less than 12 months after polling day in the previous general election.
3. The writ is issued on or after April 11, 1996.
No new enumeration
18.2 (1) In an election described in section 18.1, the lists of electors prepared for the previous general election shall be used, and there shall be no new enumeration.
Non-application of certain provisions
(2) Sections 18 (enumeration) and 19 (list of electors) do not apply in respect of the election.
Duties of returning officer
(3) The returning officer shall obtain copies of the lists of electors for the electoral district prepared for the previous general election and shall,
(a) in urban areas, have a copy of each list posted in a conspicuous place in the corresponding polling division;
(b) retain one copy of each list in the returning office;
(c) have one copy of each list furnished to each candidate;
(d) have up to 12 copies of each list furnished to each constituency association or candidate;
(e) have a notice mailed to each elector on each list, indicating that the elector's name is on the list and showing the poll location;
(f) determine, in consultation with the Chief Election Officer, the total number of names on all the lists of electors;
(g) as soon as possible, have a certified statement of the number determined under clause (f) furnished to each candidate and to the Commission on Election Finances.
Addition on polling day
18.3 (1) On polling day in an election described in section 18.1, an elector whose name is not on the list may apply to the deputy returning officer to have it added.
Proof of identity
(2) The elector shall,
(a) make a statutory declaration in the prescribed form, substantiating his or her identity and qualifications as an elector and stating that he or she has not already voted in the election; and
(b) to establish his or her identity and residence, supply the deputy returning officer with documents of a class determined by the Chief Election Officer.
Duty of deputy returning officer
(3) If the deputy returning officer is satisfied as to the contents of the statutory declaration, he or she shall add the applicant's name to the list and the poll record, and shall write the words "added, declaration" or the words "ajouté, déclaration" after the name in the poll record.
Applicant entitled to vote
(4) An applicant whose name is added under subsection (3) is entitled to vote.
Advance polls
(5) This section does not apply at advance polls.
Commencement
2. This Act comes into force on the day it receives Royal Assent.
Short title
3. The short title of this Act is the Election Amendment Act, 1996.