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Information for Candidates
for District
Education Council Elections
This
information is a general guide to the election process for those interested
in becoming candidates in District Education Council elections. If you
have questions that are not answered here, contact either the Municipal
Returning Officer for your area or the main office of Elections NB in
Fredericton, at 1-888-858-VOTE (8683), or the Elections New Brunswick website
at http://www.electionsnb.ca.
For
information on the role of district education councils, contact your local
school district office, or the Department of Education, at 506-453-2618, or
their website at http://www.gnb.ca/0000/publications/comm/Take%20Action%20Now.pdf.
Section
references are to provisions of the Municipal Elections Act, the procedures
of which apply to District Education Council elections under section 36.3(3)
of the Education Act, unless otherwise noted.
General Requirements: To be a candidate in a District Education
Council election, a person must be:
- 18 years of age on or before
election day;
- a Canadian citizen; and
- a
resident of the province for at least 6 months before election day
, and of the relevant school district and
subdistrict or zone when nominated.
People Who Cannot Be Candidates: A judge, a full-time or
permanent part-time employee of the Department of Education or of any school
or school district, an election officer, or a person who has been
disqualified from holding an elected office under federal, provincial, or
municipal election laws, may not be a candidate for any District Education
Council election.
People Who May Not Be Able To Be Candidates: Some public sector employees
are restricted from engaging in political activity, even at a local level, or
may need prior approval from their employer before filing nomination papers. If
you work in the federal or provincial public service or in the Canadian
Military, check with your employer before filing nomination papers. It is the
responsibility of a candidate to obtain any approval required by his or her
employer; the Municipal Returning Officer will not require or confirm such
approval in processing nomination papers.
Military
Personnel (this
information is provided by the Department of National Defence):
All
members of the Canadian Forces must ensure that their acts and conduct do not
affect the actual or perceived political neutrality of the Canadian Forces.
Officers and non-commissioned members of the Canadian Forces seeking
nomination as a candidate for a municipal, district education council or a
regional health authority office should therefore ensure that they are aware
of the restrictions placed upon them.
For
example, CF members, both Regular and Reserve, are
limited in their involvement with political parties and with federal and
provincial politics generally. Members are also limited in their
communications with the media in respect of political or military subjects.
CF members may not organize or take part in a political meeting on a defence
establishment.
Any
full-time serving member wishing to run in a local election must obtain
permission by submitting a written request to his/her Commanding Officer
prior to submitting nomination papers. The Commanding Officer shall
forward this request to Chief Review Services, with his/her recommendations,
for final approval. Members who are not on full-time service, such as
Class A Reservists, are also subject to restrictions and are encouraged
to obtain authorisation from their chain of command before engaging in
political activities. As well, members may not organize or take part in
a political meeting on a defence establishment.
For
more information, CF members may seek guidance from their Chain of Command or
they may contact the Manager, Directorate Defence Ethics Program at (613)
992-4717.
Nomination Papers (Section 17 of the
Municipal Elections Act, and section 36.3(5) of the Education Act)
Nomination
papers can be obtained from any Municipal Returning Office, or can be printed
from the Elections NB website.
Nomination
papers must be completed and returned to the office of the Municipal
Returning Officer for the school subdistrict where the
person will be a candidate (not the local municipal or school offices) on or
before the day fixed for the close of nominations.
Nominations
close at 2:00 p.m. on the Friday, the thirty-first day before polling
day. If this day is on a holiday, nominations will close on the
Thursday, the thirty-second day before polling day.
Do not
leave filing to the last minute,
in case corrections or additions are needed in your papers, as no
nomination papers can be accepted after the deadline under any circumstances.
Candidates in rural subdistricts who wish to
file their papers at a sub- or satellite returning office should file well
ahead of the deadline, as their papers must be faxed to the main returning
office for their area to be reviewed by the Municipal Returning Officer
before the papers can be accepted.
Contents
of Nomination:
The Nomination Paper must be filled
out completely, and must include:
o
the name, civic
address, and occupation of the candidate;
o
the consent of the candidate,
witnessed by the person who will obtain the nominators' signatures;
o
the signatures of at
least ten (10) nominators, each of whom must be:
¨
a qualified voter living
in the subdistrict or zone of the candidate, whose
name is on the list of electors for that subdistrict
or zone, and
¨
a parent of a child
registered in a public school in the district (but not necessarily the subdistrict of the candidate); and
o
a declaration of the
witness who obtains the nominators’ signatures.
Witness and Nominators: The witness may not be one of the
nominators. Relatives of a candidate may be nominators if they are qualified
voters. The returning officer will check the list of nominators on the
list of electors to determine if they are qualified to vote in your
area. If a nominator has moved recently, ask them to call the returning
office to confirm that they are listed at their current address.
Candidate’s Name: The name of a candidate will appear on the ballot as
it is spelled on the Nomination Paper. No prefixes (e.g., Mr, Mrs, Dr) are used on the ballots. A nickname is permitted
if it is in brackets and is printed on the Nomination Paper as the candidate
wishes it to appear on the ballot.
Acceptance of Nomination: The nomination of a candidate is
completed when the Municipal Returning Officer indicates it has been accepted
by dating and signing or initialling the papers.
After Nomination
Withdrawal of a Candidate (Subsection 17(4)): After nomination, a Candidate
who decides not to run may withdraw his or her nomination up to 5:00 p.m.
on the Monday after nomination day. A person withdraws by giving
the Municipal Returning Officer a written statement that they are withdrawing
as a candidate, signed by the candidate and two witnesses who are qualified
voters in the relevant subdistrict.
Death of a Candidate (Subsection 17(5)): If a candidate dies after the
close of nominations and before the closing of the polls on election day, the
Municipal Electoral Officer for the Province will countermand the election
for the affected subdistrict, and fix new dates for
the nomination of candidates and a postponed election. The new election day
will be not more than three months after the original election date.
Candidates already nominated do not need to resubmit nomination papers, but
additional candidates may be nominated.
Acclamations (Subsection 17(4.1)): If no more candidates than
can be elected in a subdistrict or electoral zone
are nominated, those candidates are elected by acclamation, and no polls are
held for that office.
Contested Elections (Subsection 19(2)): If more candidates than can be
elected to an office are nominated, polls will be held to elect candidates
for that office thirty-one (31) days after the close of nominations.
Election Advertising and Campaigning
There
are no restrictions on how much money candidates for District Education
Council elections may spend on campaigning, and no requirements for filing
any statements of donations received or money spent. However, there are some
restrictions on campaign activity:
No Use of School Resources: No school or school system or
Department of Education resources may be used to support any individual
candidate or group of candidates for a District Education Council election.
Black Out Period: After midnight of the Saturday night
before the election until after the polls are closed on polling day, no
election speeches, entertainment, or advertising may be:
o
broadcast by any radio
or television station (in or outside New Brunswick);
o
published in any
newspaper, magazine or similar print media; or
o
transmitted by any
means to any telephones, telecopiers, computers, or
other communication devices.
Polling Day:
In addition, on election day no advertising or campaigning of any kind may be
done on or from any motor vehicle and there may be no advertising or campaign
material of any kind within thirty metres (100 feet) of any premises in which
a polling station is located. Premises shall be taken to mean that portion of
a building where the polling is taking place. If the polling centre is in a
mall or multi tenanted building, measure from the inside wall of the polling
centre space closest to the sign to establish the distance. Candidates - but
not their agents, representatives or family members -- are allowed to be in
any poll at any time on any polling day (ordinary or advance), as long as
they do not engage in any kind of campaigning or interfere with voters or the
polling process.
Advance Poll Days: There may be no advertising or campaign material
within thirty metres (100 feet) of the premises in which an advance poll is
being held. In addition, any advertising or campaigning using
loudspeakers from a motor vehicle must not be able to be heard within thirty
metres of the premises where an advance poll is being held.
Printed Advertising: All election signs, posters, handbills or other
printed materials must include the name and address of the printer and
publisher on the face of the document.
Printed Advertising: All election signs, posters, handbills or other
printed materials must include the name and address of the printer and publisher
(if someone other than the candidate) on the face of the document.
Placement of Election Signs: The Department of
Transportation controls where or if signs may be placed on highway
rights-of-way. Under the Highway Advertisements Regulation-Highway
Act, election signs are not permitted on Level I and Level II
access controlled highways (four-lane or two-lane). However, they are
permitted within the highway right-of-way of other highways. In the
interest of safety, any signs that are attached to a DOT sign, guard rail or
bridge, installed within the median, or installed such that they reduce sight
lines or visibility, will be removed immediately.
Municipalities
may also have sign by-laws that control where or when election signs may be
placed.
No
Media at the Polls:
No media representatives are allowed in any polling stations in respect of
District Education Council elections.
Voters’ Lists (Section 12.1(2) of the Municipal Elections Act)
Once
a candidate’s nomination papers have been accepted, a candidate may purchase
a copy of the voters’ lists for his or her subdistrict
from the Municipal Returning Officer for a fee. Voters’ lists
are subject to the protection of privacy policies of the Province, and may
be used only for election purposes. Any other use of a list,
including any use of a list after the election is over, is an offence under
the Municipal Elections Act.
Scrutineers
A
District Education Council candidate may appoint a qualified voter in the
school district to be a scrutineer at each polling station (including advance
polls), to be present while the votes are cast and counted. Scrutineers
are not paid by the Province, and there must not be more than one scrutineer
for a candidate at a poll at any time. A copy of the Appointment and
Oath of Scrutineer form and an information sheet for scrutineers is
enclosed with this material.
Reporting Results and Declarations
of Election
Voting
results determined and reported after the polls close on election day are
“unofficial results”. On the second day following the election, the Returning
Officer will determine the official number of votes for each candidate and
any plebiscite question, and declare the official results of the elections by
completing a Declaration After the Poll Has Been Taken for each
election for which the returning officer is responsible. A copy of the Declaration
will be given or mailed to each candidate and the original returned to
Elections NB.
Tied Votes
If
there is a tie in the number of votes for two or more candidates for the same
office, the Municipal Returning Officer will recount the votes cast for such
candidates in the presence of not less than two qualified voters (normally
the affected candidates) and declare a winner.
If
the vote remains tied after the recount, if the candidates agree, the
Municipal Returning Officer will resolve the tie by putting the two names in
a box and drawing one out, with the candidate whose name is drawn being
declared elected. If the candidates do not agree on this method to
resolve the tie, the Municipal Returning Officer will make a request to a
judge for a recount.
Initial Recounts at the Municipal
Returning Office
If
there is a difference of not more than twenty-five votes between the votes
for a candidate elected and a candidate not elected, the candidate who was
not declared elected may apply to the Municipal Returning Officer for a
recount of the votes. The application must be filed within ten days
after the election, and the recount will be held at the returning office
within ten days after the application. There is no charge for such a recount.
If
this recount results in a tied vote, if the candidates agree, the Municipal
Returning Officer will resolve the tie by putting the two names in a box and
drawing one out, with the candidate whose name is drawn being declared
elected. If the candidates do not agree on this method to resolve the
tie, the Municipal Returning Officer will make a request to a judge for a
recount.
If
the returning office recount does not result in a tie, and the candidates
agree on the results, the Municipal Returning officer shall either confirm
the initial Declaration of Election, if the result (in terms of the candidate
elected) has not changed, or issue a new Declaration of Election if the
recount determines that a different candidate was elected.
If
the returning office recount does not result in a tie, and the candidates do
not agree on the results, the candidate not declared elected may
apply for a judicial recount. The candidate may request a recount of all the
ballots cast, or a recount only of ballots on which the candidates could not
agree as to whether or how they should be counted.
Judicial Recounts
A
candidate who has participated in a recount at the Municipal Returning Office
but is not satisfied with the results, or a candidate who has lost an
election by more than twenty-five votes but has reasons to believe the
results as reported may not be correct, may apply to a judge of The Court of
Queen’s Bench for a judicial recount. The application must be made within ten
days of completion of the returning office recount or within ten days of the
election, as applicable. The candidate may request a recount of all the
ballots cast, or a recount only of ballots on which the candidates could not
agree as to whether or how they should be counted.
If
satisfied that there is reason to hold a recount, the judge will notify the
affected candidates and election officials, and the recount will be conducted
as soon as possible, normally within two weeks of the election. If the final
result is a tie, it will be resolved by drawing one of the candidate’s names
out of a box.
Where
the recount changes the election results so that a different candidate is
declared elected than was originally declared elected, the costs of the
recount are paid by Elections New Brunswick. If the recount does not change
the candidate declared elected, the costs of the recount are paid by the
candidate requesting the recount.
Information for Scrutineers
Role of Scrutineers: A scrutineer ensures for a candidate that voting
at a given poll is properly carried out. A scrutineer must be appointed
in writing, using the Appointment of Scrutineer form. This form is
provided to each candidate and is available on the Elections NB website at http://www.electionsnb.ca. Each
scrutineer must bring their Appointment of Scrutineer form to the polling
station, and give it to the Poll Supervisor in charge of that polling
station, who will take their Oath of a Scrutineer. A Scrutineer may be
present any time the poll is open or the votes are being counted, and if
present at least fifteen minutes before the poll opens, may examine the
ballot papers and any other materials or equipment relating to the poll.
At
the poll, a scrutineer may object to a person’s voting if they have reason to
believe the person is not qualified to vote, is voting under someone else’s
name, or is otherwise not acting in accordance with the Municipal
Elections Act. The scrutineer must direct any concerns or
questions to the election officer dealing with an elector. If a
scrutineer believes that a person is not entitled to vote, an objection
should be made to the election officer before the person is
given a ballot. The election officer will then require the person to
take an oath as to their qualifications to vote. If the person refuses
to take the oath they will not be allowed to vote, but if they take the oath
they must be allowed to vote. The Voter List Officer will note any such
objection in a Record of Objections, which remains with the Lists of Electors
after the poll.
A
scrutineer who has concerns about the conduct of a polling station should
make the Municipal Returning Officer aware of such concerns as soon as
possible.
Scrutineer Behaviour: A scrutineer may not:
o
wear or carry anything
to indicate any affiliation with a particular candidate;
o
bring or use a cell
phone in the polling area;
o
talk to voters in the
polling area, either before or after they have voted; nor
o
do anything else that
would impede the smooth flow of the election process.
A
scrutineer not following these rules may be removed from the polling station
by the Poll Supervisor at the polling station.
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