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An Act to amend the “ Provincial Elections Act.” "

R.S.B.C. 1924, c. 76.

[Assented to 19th December, 1925.]

IS MAJESTY, by and with the advice and consent of the

Legislative Assembly of the Province of British Columbia, enacts as follows:

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1. This Act may be cited as the “ Provincial Elections Act Amend- Short title. ment Act, 1925."

2. Section 24 of the “ Provincial Elections Act," being chapter 76 Amends s. 24. of the “Revised Statutes of British Columbia, 1924," is amended by striking out the words “ at any election held before the revision of the list of voters next following her marriage” in the sixth, seventh, and eighth lines of subsection (2).

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3. Section 37 of said chapter 76 is amended by inserting after the Amends s. 37. word“ in,” in the second line of subsection (3), the words “ or near.”

4. Section 40 of said chapter 76 is amended by inserting after the Amends s. 40. word “Peace,” in the fifth line, the words “or any Notary Public, or any Commissioner for taking Affidavits within British Columbia.”

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5. Section 45 of said chapter 76 is amended by inserting after Amends s. 45. the word " nomination-day," in the third line, the words " or before polling-day in case a poll is granted.”

6. Section 48 of said chapter 76 is amended by inserting after the amends s. 48. word “ Peace," in the second line of subsection (2), the words “or any Notary Public, or any Commissioner for taking Affidavits within British Columbia."

7. Section 54 of said chapter 76 is amended by inserting after the Amends s. 54. word “and,” in the third line, the words “after satisfying himself of the validity of the nomination-paper or papers received by him."

Amends s. 55.

8. Section 55 of said chapter 76 is amended by striking out the words" transmit a copy to him by telegraphic dispatch immediately after the adjournment of the election” in the last two lines of subsection (2), and substituting therefor the words “immediately after the adjournment of the election transmit a copy to the Deputy Provincial Secretary by telegraphic dispatch or in such other manner as may be directed by the Deputy Provincial Secretary.”

Amends s. 65.

9. Section 65 of said chapter 76 is amended by inserting after the word "Peace," in the second line of subsection (3), the words “or a Notary Public, or a Commissioner for taking Affidavits within British Columbia."

Amnends s. 68.

10. Section 68 of said chapter 76 is amended by inserting after the word “ Peace,” in the second line, the words“ or a Notary Public, or a Commissioner for taking Affidavits within British Columbia.”

Amends s. 72.

11. Section 72 of said chapter 76 is amended by inserting after the word " Peace,” in the second line, the words " or a Notary Public, or a Commissioner for taking Affidavits within British Columbia.”

Amends s. 81.

12. Section 81 of said chapter 76 is amended by striking out the words “subject to section 107, each ballot paper" in the first line of subsection (3), and substituting therefor the words " each ballotpaper other than those provided for absentee voting."

Amends s. 84.

13. Section 84 of said chapter 76 is amended by striking out the words“ two hundred and fifty" in the second line of subsection (1), and substituting therefor the words "three hundred."

Amends s. 86.

14. Section 86 of said chapter 76 is amended by adding thereto the following subsection :

"(3.) Every ballot paper shall be printed upon a good grade of paper. All ballot-papers, either printed and ready for use or to be printed for use, shall be supplied to the Returning Officer for each electoral district by the Deputy Provincial Secretary.”

Re-enacts s. 88.

15. Section 88 of said chapter 76 is repealed, and the following is substituted therefor:

“ 88. At every general election the Deputy Provincial Secretary shall prepare and cause to be printed a list of the names and postoffice addresses of all persons who are appointed Returning Officers under the provisions of this Act; and shall also prepare from the notices received by him from Returning Officers under section 55 a list showing the names, residences, and occupations of the candidates in each electoral district in which a poll is granted, and shall cause the list to be printed. The Deputy Provincial Secretary shall furnish an adequate supply of the printed lists of Returning Officers and of the candidates to the Returning Officer in each electoral district in which a poll is granted; and the Returning Officer shall place a copy of each of such lists in the hands of each Presiding Officer."

16. Section 94 of said chapter 76 is amended by inserting after Imends s. 94. the word “and,” in the third line, the words “ with the pencil therein provided."

17. Section 106 of said chapter 76 is repealed, and the following Re-enacts s. 106. is substituted therefor:

“106. (1.) For the purpose of exercising his franchise, any voter whose name is on the list of voters for one polling division of an electoral district, and who is absent from that polling division on the day on which the poll is held, may obtain an absent voter's ballotpaper in any other polling division of the same electoral district and may record his vote in the manner provided in this section.

“(2.) The voter shall apply to the Presiding Officer at any time between the opening and the closing of the poll, and upon his making an affidavit in Form 27, to be signed and sworn before the Presiding Officer, the Presiding Officer shall furnish to the voter an absent voter's ballot-paper supplied for use in the election, which ballotpaper shall be marked with the official mark as provided in section 93. The form of affidavit supplied for use by the voter for the purpose of this subsection shall be printed on the ballot-paper to be marked by the voter. After the voter has signed and sworn to the affidavit, the Presiding Officer shall fold and seal that portion of the ballotpaper containing the affidavit, so as to conceal the voter's name and signature, and in accordance with the directions issued by the Deputy Provincial Secretary. The Presiding Officer shall then deliver the ballot-paper to the voter, who shall mark and fold the ballot-paper in the manner provided in section 94 and return it to the Presiding Officer, who shall, in the presence of the voter, place the ballotpaper in the ballot-box, and shall further deal with the same in the manner provided in section 108. Where the Presiding Officer is entitled to record his vote as an absent voter under this section, he may make the aflidavit before the Poll Clerk at the poll at which he presides.

“(3.) This section shall not apply to voters whose names are on the list of voters for any electoral district situate, in whole or in part, within the municipal boundaries of any of the following cities, namely: Victoria, Vancouver, Nanaimo, Nelson, and New Westminster."

18. (1.) Section 107 of said chapter 76 is amended by striking Amends s. 107. out the word “a” where it last occurs in the fourth line of subsection (1), and substituting therefor the words “an absent voter's.”

(2.) Said section 107 is further amended by striking out subsections (2) and (3), and substituting therefor the following:

“(2.) The voter shall apply to the Presiding Officer of any pollingbooth at any time between the opening and the closing of the poll, and upon his making an affidavit in Form 27, to be signed and sworn before the Presiding Officer, the Presiding Officer shall furnish to the voter an absent voter's ballot-paper for the electoral district in which the voter is shown by the affidavit to be registered as a voter; and where the stub and the counterfoil of the absent voter's ballot-paper does not contain the printed name of the electoral district wherein the voter is entitled to vote, the Presiding Officer shall write in with ink the name of the electoral district, both on the stub and the counterfoil. The ballot-paper shall in every case be marked with the official mark as near as may be in the manner provided in section 93. The form of affidavit supplied for use by the voter for the purposes of this subsection shall be printed on the ballot-paper to be used by the voter. After the voter has signed and sworn to the affidavit, the Presiding Officer shall fold and seal that portion of the ballotpaper containing the affidavit, so as to conceal the voter's name and signature, and in accordance with the directions issued by the Deputy Provincial Secretary. The Presiding Officer shall then deliver the ballot-paper to the voter, who shall then mark and fold the ballotpaper in the manner provided in section 94 and return it to the Presiding Officer, who shall, in the presence of the voter, place the ballot-paper in the ballot box and shall further deal with the same in the manner provided in section 108. Where the absent voters' ballot papers supplied to the Presiding Officer do not contain the printed names of the candidates for the electoral district where the applicant is registered as a voter, but contain blanks in Form 28, the Presiding Ollicer shall prepare the ballot paper for the voter by writing with ink therein the names, residences, and occupations of the candidates nominated for that electoral district as shown by the printed list of candidates furnished by the Deputy Provincial Secretary. In any case where the absent voter's ballot-paper does not contain sufficient spaces to contain the names of all the candidates the Presiding Officer shall add by pasting thereto enough blanks in Form 28 to contain all the candidates' names. Where the Presiding Officer is entitled to record his vote as an absent voter under this section, he may make the affidavit before the Poll Clerk at the poll at which he presides.”

Amends s. 109.

19. Section 108 of said chapter 76 is amended by striking out subsection (5), and substituting therefor the following:

“(5.) The Presiding Oflicer shall then segregate into parcels the absent voters' ballot papers according to the respective electoral districts to which they appertain, and he shall unfold and examine that portion of the absent voters' ballot-papers which shows the name of the electoral district and the nanes of the candidates, and he shall make a list showing the number of votes cast for each candidate in each respective electoral district. It shall not, however, be necessary for him to enter in such list the names of electoral districts or of candidates in respect of which no votes have been cast. Neither during the process of examination or compilation of the before-mentioned list shall the Presiding Officer open that portion of any ballot-paper containing the affidavit and signature of the voter, and after the examination and compilation of the list as herein before mentioned the absent voters' ballots shall be refolded so as not to disclose how the same has been marked by the voter and shall be sealed in accordance with directions issued by the Deputy Provincial Secretary, and the absent voters' ballots for the electoral district in which the polling-place is situate shall, together with a copy of the list in respect of that district, be placed in an envelope securely closed and marked on the outside “ Absent Voters' Ballots.” Such parcel shall then be placed in the ballot-box. All other parcels of absent voters' ballot-papers, together with the corresponding list of votes cast, shall be securely sealed and marked on the outside “ Absent Voters' Ballots," and such parcels shall be forwarded, properly addressed and fully prepaid, by registered mail to the Returning Officers for the respective electoral districts to which they appertain, and copies of all lists so mailed shall be placed in the ballot-box, and shall also be furnished to any candidate or to the agent of any candidate present who applies for the same.”

20. Section 110 of said chapter 76 is amended by striking out amends s. 110. clause (c) of subsection (1), and substituting therefor the following "(c.) He shall open each parcel containing absent voters' ballots

taken from each ballot-box or received from each Presid-
ing Officer and shall deal with each parcel separately and
in the following manner: Without unfolding that portion
of the absent voter's ballot-paper containing the candi-
dates' names and without disclosing how the ballot-paper
is marked by the voter, he shall open that portion of the
absent voter's ballot-paper containing the signature and
the aflidavit of the voter. After examining each affidavit
and finding that the deponent is a voter whose name
appears on the list of voters for the polling division named
in the attidavit, and that no person has in fact voted as such
voter at the poll held in the polling division, and after
comparing the signature made by the voter on the affidavit
with the signature of the voter in whose name he assumes
to vote made on the original affidavit received by the
Registrar of Voters in support of the voter's application
for registration, and finding the signatures to be identical,
the Returning Officer shall detach that portion of the
ballot-paper containing the names of the candidates from

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