Information for Prospective Candidates
for New Brunswick Provincial Elections and By-elections
If you have questions not answered here, contact either the Returning Officer for your electoral district,
or Elections New Brunswick in Fredericton, at 1-888-858-VOTE (8683).
Nomination of Candidates:
Nomination papers (Form P 04 001) may be obtained
from any returning office, or from the website of Elections NB.
The Returning Officer or an Election Clerk may receive the
nomination papers of candidates at a returning office or satellite returning
office for the appropriate electoral district any time between the date of the
proclamation and 2:00 p.m. on Nomination Day:
- In a scheduled general election, Nomination Day is a
Tuesday, the twentieth day before the date of the election; and
- In all other elections and by-elections, Nomination Day is
a Friday, the seventeenth day before the date of the election.
Do not leave filing to the last minute, in case corrections
or additions are needed in your nomination papers. Under subsection 5(5) of
the Elections Act, no nomination papers can be accepted after the
deadline under any circumstances.
Fill out the nomination paper carefully and completely.
Each nomination paper must include the following:
- the candidate’s name, civic address, and occupation;
- the designation of an official agent to whom copies of the
lists of electors are to be provided and who may appoint scrutineers;
- the consent of the candidate, and the indication of his or
her political party, or that he or she is an independent candidate;
- a completed affidavit of the witness to the consent of the
candidate;
- the signatures of at least twenty-five (25) nominators who
are qualified voters in the electoral district of the candidate; and
- a completed affidavit of the witness or witnesses who
obtain the nominators’ signatures, sworn or affirmed before a Commissioner
Of Oaths (who, under subsection 124(4) of the Elections Act, may not
charge a fee for such an oath).
The witness may not be one of the nominators, unless there
is a second witness to give the affidavit with respect to his or her nomination
signature. Relatives of a candidate may be nominators if they are qualified
voters in the district. Electors may only sign the nomination paper of one
candidate.
The candidate’s name will appear on the ballot exactly the
way it appears on the nomination paper, exclusive of any professional, academic
or honorary title or its abbreviation. A nickname is permitted, in brackets,
if it is printed on the nomination paper as the candidate wishes it to appear
on the ballot.
A candidate, and a spouse or dependant of the candidate who
lives with him or her and who is qualified as an elector, are entitled to:
- have their names entered on the lists of electors for the
following places:
- the place where the candidate is ordinarily resident;
- the place where the candidate is temporarily resident
during the election, if it is in the electoral district in which he or
she is a candidate;
- any place where an office of the Returning Officer is
located for the electoral district in which he or she is a candidate; or
- if the candidate was a member on the day before the
dissolution of the Legislative Assembly immediately preceding the
election, the place in Fredericton or the area surrounding Fredericton
where the former member resided for the purpose of carrying out his or
her duties as a member; and
- to vote in any one of those places as each of them may
elect.
If a candidate, a spouse or dependant of a candidate wishes
to have their name entered at an address other than the address where they are
ordinarily resident, ensure that the Returning Officer is made aware of the
decision, so that the Lists of Electors can be updated.
Candidates of a Recognized Party:
A candidate of a registered party must deliver with the
Nomination Paper a certificate signed by the party leader before two witnesses,
declaring that he is an official candidate of the party.
Deposits:
A one hundred dollar ($100) deposit, in cash or by certified
cheque or money order, made payable to 'The Minister of Finance', must
accompany each nomination paper.
The deposit by a candidate will be returned by the Minister
of Finance when the candidate submits his or her statement of election expenses
in accordance with section 81 of the Political Process Financing Act. A
candidate who withdraws after being nominated must still submit expense
statements and will receive the deposit. If a candidate dies, the official
agent must still submit expense statements and the deposit will be repaid to
his or her estate.
The nomination of a candidate is complete when the Returning
Officer issues a receipt for the deposit.
The Returning Officer will give the nominated candidate the
following information:
- Information for Potential Candidates for Provincial
Elections and By-elections (P 04 301);
- Supplemental Information for Potential Candidates (P 04
301 S);
- Election Campaign Financing Manual (P 04 401);
- Election expense limits and potential reimbursements;
- A copy of the Election Schedule, setting out dates
relevant to the pending election or by-election;
- Advertising rules;
- Scrutineer information;
- Procedure for filling out the Statement of the Electors
Who Voted on Polling Day (C 07 732)
- Application for Registration as an Independent Candidate
(as required); and
- A machine readable copy of the List of Electors for each
polling division in the electoral district.
Withdrawal of a Candidate:
Under section 54 of the Elections Act, a candidate
may withdraw his or her nomination not later than forty-eight hours before the
opening of the polls on Election Day (that is, by 10:00 a.m., the Saturday before
the date of the election), by filing a written statement of withdrawal with the
Returning Officer. The statement must be signed by the candidate and two
witnesses who are qualified voters in the electoral district. Any votes cast
for a candidate who has so withdrawn are null and void.
Death of a Candidate:
Under section 55 of the Elections Act, if a candidate
dies after nominations close and before the closing of the polls on the date of
the election, the Returning Officer with consent of the Chief Electoral
Officer, will countermand the election for that district, and fix new dates for
nominations and a postponed election. The new nomination day will be not more
than one month from the death of the candidate, and the new election day
seventeen days after that. Candidates already nominated need not resubmit
nomination papers, but additional candidates may be nominated.
Acclamations:
Under section 56 of the Elections Act, if only one
candidate is nominated in a district, that candidate is elected by acclamation
and no polls are held.
Additional Steps for Independent Candidates:
An independent candidate means a candidate who is not a
candidate of a recognized party.
Independent candidates must register with Chief Electoral
Officer at Elections NB in addition to completing nomination papers. The
independent candidate must file an
Application for registration (P 04 841) in writing
signed by the individual and setting out:
- the full name and address of the individual;
- the name of the electoral district in which he or she
intends to be an independent candidate; and
- the address to which communications intended for him or
her may be addressed and where the books, records and accounts pertaining
to contributions to and expenditures by him or her are or will be maintained.
Under subsection 137(4) of the Elections Act, each
registered independent candidate must file with the Chief Electoral Officer at
Elections NB a notice signed by him or her setting out the name and address of
his or her official representative (P 04 841).
This must be done within twenty days after
he or she becomes registered, the date when it is entered in the appropriate
registry maintained by the Chief Electoral Officer.
Under subsection 138(4) of the Elections Act, each
registered independent candidate must file with the Chief Electoral Officer at
Elections NB a notice signed by him or her setting out the name and address of
his or her official agent (P 04 841).
This must be done within twenty days after he or
she becomes registered, the date when it is entered in the appropriate registry
maintained by the Chief Electoral Officer.
Election Advertising and Campaigning:
Each registered political party will be notified of the number of electors in each electoral district,
and the amount of election campaign spending allowed per district based on those numbers, on the day an election is called.
An independent candidate will be given the same information for his or her district on filing nomination papers.
Black Out Period (Section 117(3)): From midnight of Saturday before polling day until after the polls close on polling day, no election speeches, entertainment,
or advertising may be:
- broadcast by any radio or television station (in or outside Canada);
- published in any newspaper, magazine or similar print media; or
- transmitted by any means to any telephones, telecopiers, computers, or other communication devices.
At the Polls on Polling Days: At any regular or advance poll:
- a candidate is allowed in any poll at any time;
- except for candidates’ scrutineers, no other agents, campaign workers, or candidate’s family members are allowed in any poll except while voting;
- no promotional handouts, buttons, badges, or election signs of any kind are allowed on polling premises, or 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;
- on polling day no advertising of any kind (using signs or using loud speakers) may be done on or from any moving motor vehicle anywhere in the electoral district;
- on advance poll days, no loud speakers may be used for campaigning that can be heard within thirty meters of a polling station;
- voters on their way to the polls must not be impeded on their way to or from the polls by candidates or campaign workers, meaning candidates and workers must give voters free and unimpeded access to the entry doors to the poll building; and
- voters must leave the premises immediately after voting.
Media at the Polls (Section 72.1): Print or broadcast media may be present at a poll to record the vote of a candidate, if:
- permission has been obtained from the Returning Officer in advance (on Form P 02 151/2, available from the RO’s office);
- the candidate has agreed; and
- no interviews are conducted in the polling station, and the media representatives and candidate leave the polling station as soon as the candidate has cast his or her ballot.
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.
Aliant and NBPower ask candidates not to use utility poles to post campaign signs. While the practice may seem harmless, there are some potential
safety concerns to be made aware of:
- The signs themselves present a safety hazard for employees who must climb poles to complete their work.
- The metal staples or clamps used to put up the signs often remain in the poles long after the election is over. These items could cause an employee to lose his or her footing while climbing. This could also be a hazard for the general public who may happen to brush the pole while walking by.
- These staples or clamps will cause a pole to degrade faster than it should, therefore making them more susceptible to damage, required maintenance or possibly replacement.
Scrutineers:
Appointment: A candidate’s agent may appoint a resident of the Province (not necessarily a voter) to be a scrutineer
at one or more polling stations (including advance polls), to be present while the votes are cast and counted. Scrutineers are not paid by
the Province, and are not election officers. They are the candidates’ representatives, there to observe the process on the candidates’ behalf,
but in a manner that does not interfere with the voters or the voting process.
There may be one scrutineer per polling division for each candidate in a polling station.
A Scrutineer does not have to stay at a poll the entire day, may leave and return periodically, and may observe more than one polling station.
Appointments of Scrutineers are made in writing, using Form P 04 201, Appointment of Candidate’s Representative.
Each Scrutineer must bring their Appointment to the polling station, and give it to the Poll Supervisor,
who will take their oral oath. 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 ballots and other poll materials.
Scrutineer Behaviour: A Scrutineer must:
- not wear or carry anything to indicate any party or candidate affiliation (i.e., no pins or badges);
- not enter into discussions with voters in the polling area, either before or after they have voted;
- not do anything that would impede the voting process;
- not have or use telephones, computers or other electronic devices at a poll;
- must be sworn in at each polling station where they are to work.
Scrutineers’ Objections to Voters: A Scrutineer is there to ensure, on behalf of a candidate, that voting is properly carried out.
A Scrutineer may object to a person’s voting if they believe the person is not qualified to vote, is
voting under someone else’s name, or is otherwise not acting in accordance with the Elections Act. The Scrutineer must direct any objection
to the election officer, and may not enter into any discussion with a voter as to his or her right to vote.
If a Scrutineer believes a person is not entitled to vote, an objection must be made to the Voters List Officer or Poll Revision Officer before the person
is given a ballot. The election officer will require the person to take an oath of Qualification to Vote, and if further required,
an oath of identity; if the person refuses to take the oath(s) they will not be allowed to vote, but if they take the oath(s), they must be
allowed to vote.
Counting the Votes: Scrutineers may be present at the counting of votes.
A Scrutineer may object to the Ballot Counting Officer’s decision to count or reject a ballot, in which case he will note the
objection in the Record of Objections to Ballots, and the Ballot Counting Officer will note the number of the objection on the back of the ballot.
The Ballot Counting Officer has the final say in deciding if a ballot is to be counted or rejected.
A ballot IS to be rejected if:
- the Ballot Counting Officer is not satisfied that the ballot was duly issued at the polling station. If the Ballot Issuing Officer initials are missing, and he is satisfied that this is a ballot that was otherwise properly issued, he may initial it and count it in the usual way; or
- the ballot has not been marked for any candidate; or
- the ballot has been marked for more candidates than may be elected; or
- the ballot is marked or written on by a voter in such a way that the voter could be identified; or
- the voter’s mark is not marked in the circle next to the candidate’s name.
A ballot IS NOT to be rejected only on the grounds that:
- the ballot is marked by the Ballot Issuing Officer; or
- the ballot is marked with a writing instrument other than the supplied ballot marking pen; or
- the voter’s mark is made with a sign other than an 'X'; or
- the voter’s mark extends outside the circle.
Statement of the Electors Who Voted on Polling Day:
The Statement of the Electors Who Voted on Polling Day form has been prepared to provide the identity of electors who have voted on polling day,
except for the identity of those electors who registered on the same day they voted, to election candidates. Every hour each Voters List Officer
and Poll Revision Officer in a polling station will give to the Poll Supervisor their completed Statements. This form is made up of boxes,
the same as detailed on the Voting Token, and is printed on a four-sheet detachable self-copying form.
To obtain information about which electors have voted:
- The candidate must appoint a scrutineer for the purpose of collecting copies of the Statement of Electors Who Voted on Polling Day throughout polling day, using the Appointment of Scrutineer form, P 04 201.
- Upon arriving at the polling station for the first time, a candidate’s scrutineer must present their completed Appointment of Candidate’s Representative form to the Poll Supervisor of a polling station for which he is picking up the Statement of the Electors Who Voted on Polling Day forms. The scrutineer does not have to take an oath.
- The Poll Supervisor will provide to the candidate’s scrutineer one copy of each completed Statement of Electors Who Voted on Polling Day.
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