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Information for Municipal and Rural Community
Election or By-Election Candidates
This
information is a general guide to the election process for those interested
in becoming candidates in a municipal or rural community election or
by-election. If you have questions that are not answered here, contact
either the Municipal Returning Officer for your area or 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 municipal or rural community councils, contact
your local municipal office, or the Capacity Building Branch of the
Department of Local Government, at 506-444-4423, or their website at http://www.gnb.ca/0370/index-e.asp.
Section
references here refer to the Municipal Elections Act when dealing with a
particular matter.
General Requirements: To be a candidate in a municipal or rural
community election or by-election, a person must be:
- 18 years of age on or before
election day;
- a Canadian citizen; and
- a
resident of the province and the municipality or rural community for at
least 6 months before election day (three months in Oromocto).
People Who Cannot Be Candidates: A municipal or rural
community official or a full-time employee of a municipality or rural
community cannot be a candidate in that municipality or community. A judge,
an election officer, or a person who has been disqualified for municipal
office under federal, provincial, or municipal election laws, may not be a
candidate anywhere.
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.
Federal Public Service Employees (this information is provided by
the Public Service Commission of Canada):
NOTICE
TO FEDERAL EMPLOYEES
Are you a federal public servant
thinking of being a candidate in a
municipal election?
In most federal public service
organizations, an employee may seek nomination as, or be, a candidate in a
municipal election before or during the election period, only if the
employee has requested and obtained permission from the Public Service
Commission of Canada (PSC) to do so. This means that until a federal
employee has requested and obtained permission from the PSC, no declaration
of candidacy or candidacy-related activities may be undertaken. The PSC
may grant permission, with or without conditions, only if it is satisfied
that seeking nomination as, or being, a candidate will not impair or be
perceived as impairing your ability to perform your duties in a politically
impartial manner.
For more information, please contact
the designated representative for political activities in your
organization. A list of the designated representatives for
organizations subject to these rules and other information on Political
Activities are available at www.psc-cfp.gc.ca
under the "Political Activity" section. You can also
contact the PSC at 1-866-707-7152, or pa-ap@psc-cfp.gc.ca
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.
New Brunswick Public Service Employees:
Other
than the restrictions mentioned above on municipal employees running for
office in the municipality in which they work, there is no general
restriction on New Brunswick public service employees running for municipal
offices. However, it may be considered inappropriate or create a
significant conflict of interest for some positions. If you work in the
public sector and are interested in running for local office, consult senior
management in your department or agency before filing nomination papers.
Nomination Papers (Section 17)
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 municipality or rural community where the person
will be a candidate (not your local municipal offices) before the day fixed
for the close of nominations.
Nominations
close at 2:00 p.m. as follows:
o
for quadrennial
elections, 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; or
o
for a by-election, on
the Friday, the twenty-fourth day before polling day. If this day is on
a holiday, nominations will close on the Thursday, the twenty-fifth 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.
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
a completed declaration
of the witness who obtains the nominators’ signatures; and
o
the signatures of at
least ten (10) nominators, who are all qualified voters living in the
municipality or rural community, and ward if applicable, of the candidate.
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: Once it has been checked for
completeness, the Municipal Returning Officer will sign or initial the
nomination paper of a candidate to indicate that the nomination is accepted.
After Nomination
Withdrawal of a
Candidate (Subsection 17(4)): After nomination, a Candidate who
decides not to run may withdraw his or her nomination at any time not later
than 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 municipality.
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 office, 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. If the candidate who died was a candidate for a ward, the
countermand and postponed election will apply only for that ward.
Acclamations (Subsection 17(4.1)): If no more candidates than
can be elected to an office 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 days after the close of nominations for
quadrennial elections, or twenty-four days after the close of nominations for
by-elections.
Election Advertising and Campaigning
(Sections 54, 55, and 31.2)
There
are no restrictions on how much money candidates for municipal 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:
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 Canada);
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.
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.
Media at the Polls: Representatives of print or broadcast media may
go into a poll to record the vote of a mayoral candidate, if:
o
a permission form has
been obtained from the Municipal Returning Officer in advance;
o
the candidate has
agreed;
o
no interviews are
conducted in the polling station; and
o
the media
representatives and candidate leave the polling station as soon as the
candidate has cast his or her ballot.
Lists of Electors (Section 12.1(2))
Once
a candidate’s nomination papers have been accepted, a candidate may purchase
a copy of the List of Electors for his or her municipality or rural community
or ward from the Municipal Returning Officer for a fee. Lists of
Electors are subject to provincial laws regarding the protection of
private information, and may be used only for election purposes.
Any other use of a List of Electors, including any use of a List of
Electors after the election is over, is an offence under the Municipal
Elections Act.
Scrutineers (Section 23)
A
candidate may appoint a qualified voter in the municipality or rural
community to be a scrutineer at each polling station
(including advance polls) 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 polling station 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 (Section 41)
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 (Section 41(3))
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 (Section 41.1)
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 (Section 42)
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.
Swearing In (Section 33(2) of the
Municipalities Act)
All newly elected candidates are
required to take an oath of office within the two weeks following the
quadrennial election. The form for the oath of office is established by
Regulation 2001-40 under the Municipalities Act and must be used by
all municipal and rural community elected officials.
The
oath of office must be taken at or before the first meeting of the newly
elected council. The oath of office cannot be taken in the ten days
following the quadrennial election. In cases where a petition has been
filed to have a recount of the votes for the office of mayor or of
councillor, the candidate elected to the office cannot take the oath until
the recount has been completed and one of the candidates is finally declared
elected. The Clerk of the municipality or rural community will notify
successful candidates of the time and place for the swearing in ceremony.
First-Time Council Members
Most municipalities hold an
orientation session for their newly elected councils shortly after the
elections. These orientation sessions are very beneficial for getting
newly elected councillors acquainted with the culture and environment of the
municipality or rural community, and the responsibilities of mayors and
councillors.
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.
For
the quadrennial elections, all ballots are counted by vote tabulation
machines, but for some by-elections ballots may be counted by hand. Where
ballots are counted by hand, a scrutineer may object to any ballot, or part
of a ballot, on the grounds that:
o
it is not an authorised
ballot for the election in question;
o
it is not marked for
any candidates;
o
it is marked for too
many candidates; or
o
if it is not a ballot
to be subsequently counted by machine, it is marked in a way that could
identify the voter.
The
Ballot Issuing Officer will note any such objection in a Record of
Objections, and note the number of the objection on the back of the
ballot. The Record of Objections remains with the Tabulation forms
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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