Who may vote an election. Proviso. Amendment to section 14. portion of the territory of the city comprising the electoral division on the list of which his name is entered, unless such person was, on said last mentioned day, domiciled within some other electoral division in this Province but not so domiciled in such last named electoral division for a period of three months immediately prior to said day as to entitle him to be entered on the list of voters for such last named electoral division under "The Voters' List Act," and was last a resident of and domiciled for three months during the said period of twelve months in the municipality in respect of which his name appears upon the said voters' list, in which case he shall be entitled to vote, if not otherwise disqualified' or incompetent under this Act, notwithstanding anything contained in this proviso. WHEN ENTERED IN VOTERS' LIST PREPARED FOR TERRITORY (2) In every place which is not included within the limits of any organized municipality, but subject to the other provisions of this Act, every male person of the full age of twenty-one years, a subject of Her Majesty by birth or naturalization; and not disqualified under this Act as amended, and not incompetent under section 14 of this Act as amended, and not otherwise by law prohibited from voting, shall, if duly entered on the list of voters proper to be used, be entitled to vote at elections of members to serve in the Legislative Assembly of this Province; Provided such person had resided in this Province for one year next preceding the date of the proclamation appointing the Registrar to prepare such Voters' List, and had resided in the electoral division for which such Voters' List has been prepared for a period of three months next preceding said date, unless such person was on said last mentioned day, domiciled within some other electoral division within this Province, but had not been so domiciled in such last named electoral division for a period of three months immediately prior to said day as to entitle him to be entered on the list of voters for such last named electoral division under "The Voters' List Act," and was last a resident of and domiciled for three months during the said period of twelve months in the unorganized territory in respect of which his name appears upon the said voters' list, in which case he shall be entitled to vote, if not otherwise disqualified or incompetent under this Act as amended, notwithstanding anything contained in this proviso. 5. Section 14 of said Chapter 49 is hereby amended by striking out the words "be registered as electors" in the first and second lines, and by inserting in lieu thereof "to vote at an election under this Act." to section 14. 6. Section 14 of said Chapter 49 is hereby further Amendment amended by adding thereto the following paragraph: (f). All persons, not British subjects by birth, who were not upon the last revised list of voters used at elections of members to the Legislative Assembly of Manitoba, or who have not resided in the Dominion of Canada for at least seven Educational years preceding the date upon which any such election is qualifications. hereafter held; unless such person is able to read "The Manitoba Act" in one of the following languages, that is to say, English, French, German, Icelandic or any Scandinavian language. 7. Sections 16, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, Repeal. 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 78, 121 and 122 of said Chapter 49, are hereby repealed. 8. All forms contained in Schedules A and B, of said Repeal. Chapter 49, are hereby repealed. 9. Said Chapter 49 is hereby further amended by adding thereto, immediately after section 79, the following section: Executive books. (79a) Immediately after the issue of the writ of election in the Clerk of the next preceding section mentioned, the clerk of the Executive Council to Council shall supply the Returning Officer appointed for the supply poll electoral division for which the election is to be held, with a sufficient number of blank poll books for the purposes of the election, having regard to the number of polling sub-divisions within the division, and the blank voters' lists in such pollbooks shall be in Form 3, in Schedule H to said Chapter 49 as amended, and each of such poll books shall shew the date of the polling day, and shall contain the following blank forms: 1. Commission of deputy returning officer. 2. Oath of deputy returning officer. 3. Certificate of deputy returning officer having taken oath. 4. Copy of the certificate of the clerk of the municipality, showing the time fixed for the assessor to begin to make the assessment roll. 5. Commission of poll clerk. 6. Oath of poll clerk. 7. Certificate of poll clerk having taken oath. 8. Oath of deputy returning officer after closing the poll. 9. Oath of poll clerk after closing the poll. 10. Section 115 of said Chapter 49 is hereby amended by striking out the words "and books for poll lists (Schedule H, Form 3)" in the third and fourth lines thereof. Returning certificate of And to certify to same. Clerk to give certificate. Fee. Certificate to date. CERTIFICATES AS TO ASSESSMENT ROLL. 11. The following provisions shall apply to all elections hereafter held under said Chapter 49 and amendments thereto. 1. Every Returning Officer shall, before the opening of the poll, obtain from the Clerk of the Municipality the certificate hereinafter mentioned, that is to say: A certificate showing the day fixed for the assessor to begin to make the assessment roll, on which the Voters' List proper to be used for the purposes of the election is based, and such certificate shall be in Form 4, Schedule A, hereto. 2. The Returning Officer shall immediately enter a copy of the said certificate in the proper poll books, and shall certify thereunder, in Form 5, Schedule A, that the same is a true copy of the original certificate received by him from the said clerk. 3. The Clerk shall give the said certificate upon being required so to do by the Returning Officer or any other person who applies for the same, and shall be subject to a penalty of $200 in case of neglect or refusal. 4. For every such certificate the clerk shall be entitled to receive the sum of twenty-five cents. 5. The copy of the said certificate in the poll book shall be evidence of be the evidence upon which the deputy returning officer shall act in inserting, in the oath to be administered to voters, the date for beginning to make the assessment roll. What Voters' Only persons named in poll LISTS OF VOTERS. 12. Subject to the provisions in the next succeeding six sections contained, the first and second parts of the last list of voters certified by the Judge, and delivered or transmitted to the County Court Clerk, under "The Manitoba Voters' Lists Act," before the date of the writ of election, shall be the proper list to be used for the purposes of an election to the Legislative Assembly. 13. Subject to the provisions of section 27 of this Act, no book to vote. person shall be admitted to vote unless his name appears on the list in the poll book; and no question of qualification shall be raised at an election, except to ascertain whether the person tendering his vote is the same person intended to be designated in the said list; and other questions of qualifications. shall be raised and decided on election petition only. for appealing making poll ed and no filed. 14. In case a Municipal Council has by by-law divided the Where time Municipality into polling subdivisions, and the time for from by-law appealing from the by-law has expired, and no lists of voters ing sub-divisfor the subdivisions have been filed with the County Court ions has expirClerk, as required by "The Manitoba Voters' Lists Act," but Voters List a list of the voters of the municipality or of the several wards therein has been duly certified by the judge, such list shall be the proper list of voters for the election; and the Returning Officer shall cause the names on the voters' list to be entered in the proper poll book or books for the Deputy Returning Officers, having regard to the polling subdivisions provided for by the by-law. territory has and not includ List. 15. Where any territory is added, for municipal purposes, where new to a City, Town, or Village belonging to, or constituting an been added to electoral division other than that to which such territory Municipality previously belonged, or when a Town with additional territory ed in Voters' is erected into a City, or a Village with additional territory is erected into a Town, or in case a Village is formed including territory which belonged to an electoral division other than that to which the Village belongs, and an election takes place previous to the voters' lists including the names of persons entitled to vote in such territory being made out for the City, Town or Village, or before the lists are certified by the County Court Judge, then all persons who would have been qualified as electors if such territory had remained separate from the City, Town or Village, and if the election had been for the electoral division to which such territory formerly belonged, shall be entitled to vote in the City, Town or Village. and C.C. Judge added terri 16. In all such cases the Judge of the County Court whose Duty of Rejurisdiction extends over such City, Town or Village, under the turning Officer direction of the Returning Officer, shall extract from the proper in case of voters' lists of the municipality, or municipalities to which tory as to such territory formerly belonged, containing the names of Voters List. voters entitled to vote in respect of such territory, the names of the several voters in the lists entitled to vote in such territory, and shall place such names in the proper poll book or books for the purpose of enabling the persons named in such lists to vote at an election in the city, town or village, and for such services the said Judge shall be, by the Returning Officer, paid at the rate of four dollars per hundred names entered in such poll books. portions of two oral Divisions. 17. Where a voters' list embraces territory comprising por- Where Voters" tions of two or more Electoral divisions, the Judge of the said last embraces County Court, under the direction of the Returning Officer or more Electshall enter the names of the voters in such territory in the proper poll book or books, and for such services the said Judge shall be paid by the Returning Officer at the rate of two dollars per hundred names entered in such poll books. Clerk of in poll book. 18. (1.) Every Returning Officer, upon granting a poll at an to enter names election, shall forthwith deliver to the said County Court on Voters List Clerk, whose jurisdiction extends over the electoral division or any part thereof, as many blank poll books as there are polling sub-divisions in the electoral division within such County Court Clerk's jurisdiction, and the said Clerk of the County Court shall without delay enter or cause to be entered in the poll book for each sub-division from the proper list of voters the name of every person appearing therefrom to be entitled to vote within the sub-division for which the said poll book is required and the said Clerk of the County Court shall add to each poll book a certificate to the effect that the said poll book contains a true copy of the proper list of voters for the said polling sub-division; and the said poll books completed as aforesaid shall be re-delivered to the Returning Officer within four days from the date of their receipt by such Clerk of the County Court in blank, and the Returning Officer shall immediately cause the said poll books to be delivered to the deputy returning officers appointed to hold the polls throughout the electoral division, and for -uch services, the said Clerk shall be paid by the Returning Officer at the rate of one dollar per hundred names entered in such poll books. Municipal like power. (2.) The Clerk of the Municipality who has the custody of a Clerk to have voters' list shall if required by the Returning Officer discharge the duties by this section assigned to the Clerk of the County Court, and shall be entitled to the same compensation for so doing. How to enter names in Poll Book. Signature of Certificate of 19. (1.) In the case of the city to which "The Manhood Suffrage Registration Act" applies, the County Court Clerk of said city when entering into the poll book under the next preceding section the names of persons appearing to be entitled to vote within the subdivision for which the poll book is required shall write on the first line of the poll book, in red ink, the words "Voters entitled under "The Manhood Suffrage Registration Act," and shall enter in the poll book the names of the persons whose surnames commence with the letter A, appearing in the last list of manhood suffrage voters prepared under "The Manhood Suffrage Registration Act," as entitled to vote only at elections to the Legislative Assembly. (2.) The Clerk shall in like manner proceed with the other names on the list of manhood suffrage voters, until he has entered in alphabetical order the names of all persons appearing in the said list of manhood suffrage voters. (3.) The said County Court Clerk shall sign his name immediately under the last name of each initial letter. (4.) The said County Court Clerk shall on the last page of the poll book certify the date on which, as appearing by the Registrar's certificate appended to his list, the first sitting. was held for the preparation of the manhood suffrage voters' list. |