Elections New Brunswick has prepared the following information for potential candidates and their campaign officials, as a general guide to election events; it is not a substitute for the Elections Act, which sets out procedures and requirements in more detail.  Section references here are to the main sections in the Act dealing with a particular matter, but there may be other relevant provisions.  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) (or 453‑2218 in the Fredericton area).

You should also be given a copy of the Election Schedule, setting out dates relevant to the pending election or by-election; if you did not receive a copy, ask the Returning Officer for one (or you can print it off our website:  www.gnb.ca/elections).

1.         Qualification of Candidates (Sections 47 and 43)

General Requirements:  To be a candidate for the Legislative Assembly one must only be qualified to vote in the Province.  To vote, 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 six months before election day, and ordinarily resident in an electoral district on polling day (but not necessarily the district for which one is a candidate).

Who May Not be Candidates:  Judges of the Court of Appeal, the Court of Queen’s Bench, or under the Provincial Court Act may vote but cannot be candidates.  A person disqualified from voting for violation of any federal, provincial, or municipal election laws, may not be a candidate.  Election officials cannot be candidates or closely related to candidates.

A mayor or councillor of a municipality may be a candidate, but if elected, must resign the municipal office before becoming a member of the Assembly.

2.         Nomination Procedures (Section 51)

Nomination papers (Form 10) may be completed and returned to the office of the Returning Officer for the appropriate electoral district any time between the issue of the Writ of Election and 2:00 p.m. on Nomination Day (the Friday, seventeen days before election 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.

Fill out the Nomination Paper carefully and completely.  Each Nomination Paper must include:

·         the candidate’s name, civic address, and occupation;

·         the consent of the candidate, witnessed by the person who obtains and witnesses the nominators' signatures;

·         a completed affidavit of the witness or witnesses who obtain the nominators’ signatures, sworn or affirmed before a Commissioner Of Oaths (who, under section 124(4), may not charge a fee for such an oath);

·         the signatures of at least twenty‑five (25) nominators who are qualified voters in the electoral district of the candidate; and

·         the designation of an official agent to receive copies of the voters’ lists and appoint scrutineers.

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.

The candidate’s name will appear on the ballot exactly the way it appears on the Nomination Paper.  A nickname is permitted, in brackets, if it is printed on the Nomination Paper as the candidate wishes it to appear on the ballot.

Party Candidates:  A candidate of a registered party must deliver with the Nomination Paper a certificate signed by the party leader before two witnesses, stating that the person is a 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 will be returned to any candidate elected, or who obtains at least half as many votes as the elected candidate.  A candidate who withdraws after being nominated forfeits the deposit, but if a candidate dies the deposit will be repaid to his or her personal representative.

The nomination is complete when the Returning Officer issues a receipt for the deposit.

3.         Events After Nomination

Withdrawal of a Candidate (Section 54): 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 polling day), 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.

Death of a Candidate (Section 55): If a candidate dies after nominations close and before the closing of the polls on Election Day, the Returning 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 (Section 56):  If only one candidate is nominated in a district, that candidate is elected by acclamation and no polls are held.

4.         Election Financing, Advertising and Campaigning (Sections 117, 88(1)(d), and 75(5))

Election Financing:  Election campaign spending is regulated by the Political Process Financing Act.  For copies of or information about this legislation, contact the Political Financing section of Elections New Brunswick at 1‑888‑858‑VOTE (8683) (or 453‑2218 in the Fredericton area).

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:  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 or molested” 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‑35, 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.

5.         Scrutineers (Sections 51(4) and 72)

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’ agents, 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 can be only one Scrutineer for a candidate at a poll at any time.  A Scrutineer does not have to stay at a poll the entire day, may leave and return periodically, and may observe more than one poll if he/she has an appointment for that poll.

Appointments of Scrutineers are made in writing, using Form 8 (Appointment of Scrutineer); one copy is attached from which you can make as many copies as needed.  Each Scrutineer must bring their Appointment to the polling station, and give it to the Deputy Returning Officer for their poll, who will take their Oath of a Scrutineer, on Form 9.  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; a Constable will call Scrutineers outside for someone collecting elector sheets;

·         must be sworn in at each poll where they are to work, and receive permission before entering or re-entering each one at a time that does not inconvenience people voting.

A Scrutineer not following these rules may be removed from the polling station on the order of the Deputy Returning Officer.

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 (or at least not at that poll), 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 Deputy Returning 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 Deputy Returning Officer before the person is given a ballot. The Deputy Returning 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.  The DRO has the final say in deciding if a ballot is to be counted or rejected.  Grounds for rejection are:

·         the ballot is not one provided by the Deputy Returning Officer;

·         it is not marked for any candidate;

·         it is marked for more than one candidate; or

·         it is marked in a way that could identify the voter.

A Scrutineer may object to the DRO’s decision to count or reject a ballot, in which case the Poll Clerk will note the objection in the poll book, and the DRO will note the number of the objection on the back of the ballot.

Irregularities at the Polls:  If a Scrutineer believes a poll is being conducted improperly, he or she should raise the matter with a Supervisory Deputy Returning Officer (SDRO), if one is available, to try to resolve the issue on site without delay.  If there is no SDRO for the poll, consult with senior party officials who will take up the matter with the Returning Office if necessary.

6.         Candidates’ Runners

Elections NB has introduced a new procedure by which the poll clerks at each polling station record the numbers of each elector voting at their poll on forms that can be collected by candidates’ representatives (“Runners”) periodically through the voting day (for both advance and ordinary polling days). This will provide the candidates’ campaign offices with up-to-date “who voted” information throughout the polling times, without the need for having scrutineers at each polling station. Each runner must be appointed similarly to a scrutineer, to indicate to the poll officials that he or she is authorised to collect the information for the candidate, but need not be sworn in at the polls. An information sheet setting out the procedures to be followed, a sample of the Statement of Voters Who Voted, and a form of Appointment of Candidate’s Runner are included with this information sheet.

7.         Declaration of Election

After counting the ballots each Deputy Returning Officer completes a Statement of the Poll, with the number of votes for each candidate, and calls the results in to the returning office.  Results made available on polling day night are unofficial. The Returning Officer, after receiving and verifying the totals on all Statements for the district, officially declares the candidate with the most votes elected four days after polling day.

8.         Judicial Recounts (Section 94)

If there is not more than twenty-five votes’ difference between the votes for a candidate elected and a candidate not elected, or if an elector can satisfy a Judge of the Court of Queen’s Bench that a Deputy Returning Officer improperly counted or rejected any ballots, or made an incorrect statement of the number of votes cast for any candidate, or incorrectly added up the votes, a candidate or other elector may petition the Court for a judicial recount.  The petition must be filed within four days after the Returning Officer has declared a candidate elected, and in some cases must be accompanied by a deposit of $200 as security for costs.  A candidate considering a recount for reasons other than the closeness of the vote should contact a lawyer for assistance.

9.         Voters’ Lists (Sections 30(4) and 41(2))

The official agent for each candidate will be given one paper copy and one computer copy of the preliminary voters’ lists for each polling division in the district on or before nomination day.  Copies of revisions to the lists will also be provided on the Friday before the first day of advance polls and on the Saturday before polling day.  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 Elections Act.

10.        Offences Under the Elections Act

Non-compliance with several sections of the Elections Act constitutes an offence. Schedule B of the Act sets out the categories of offences, for which the corresponding fines range from a minimum of $70 to a maximum of $25,000.