CHAPTER 3.

An Ordinance respecting Elections.

ISSUE OF WRIT.

issue and re

turn.

Refusal or ina

1. Every writ for the election of a member of the Yukon Writ, date of Council shall be dated and shall be returnable on such day as the Commissioner determines, and shall be issued by the Territorial Secretary under his hand and the seal of the Territory to such resident elector of the electoral district in which the election is to be held as the Commissioner appoints, and such person shall be the returning officer at Returning the election to which such writ relates. Provided always Officer. that if the person to whom the writ has been addressed bility to act. refuses or is unable or not qualified to act, he shall (under penalty hereinafter provided) forthwith after the receipt of such writ, notify the Commissioner by the most speedy means available of such refusal, inability or want of qualification, when the Commissioner may order another writ to issue or may appoint some other resident elector as returning officer who shall act under the writ already issued. Provided, also, that no election shall be declared Proviso. void if the person to whom the writ is addressed acts thereunder as returning officer on the ground that such person is not a resident elector of the district or is otherwise disqualified to act as returning officer. No. 29 of 1902, s. 3.

to be named in

2. The Commissioner shall fix the day and locality for Day and place the nomination of candidates at such election; and the day of nomination and locality so fixed shall be specified in the writ of elec- writ. tion for that electoral district. Provided always that in the case of a general election the day so fixed shall be the A general same in the case of every electoral district except that it election day to may be varied when rendered necessary under any other districts. provision of this Ordinance. Provided further, that there Fourteen days shall be an interval of at least fourteen days between the to elapse bedate of the writ and the day of nomination mentioned writ and nom

therein.

be same in all

tween date of

ination.

transmitted.

(2.) The writs of election shall be in Form A in Schedule Form of writ. 2 to this Ordinance and shall be transmitted by registered How to be letter by the Territorial Secretary addressed to the respective returning officers, unless otherwise ordered by the Commissioner. No. 29 of 1902, ss. 4 and 5.

RETURNING OFFICER.

Indorsement of reciept of writ.

3. The returning officer shall, on receiving the writ of election forthwith indorse thereon the date on which he received the same and before taking any action under this Ordinance, shall take before a Justice of the Peace or ComOath of office. missioner for taking affidavits the oath of office set out in form "A" in schedule 1 to this Ordinance, and shall forthwith thereafter cause a certificate(form "B" in said schedule) made by such Justice of the Peace or Commissioner, of the said oath having been taken, to be filed with the Territorial Secretary. No. 33 of 1902, s. 3.

To appoint an

4. The returning officer, by a warrant under his hand, election clerk. in form "C" in said Schedule 1, shall appoint an election clerk, and may, at any time, during the election, appoint in the same manner, another election clerk, if the one so appointed resigns or is unable to perform his duties as such clerk. No. 33 of 1900, s. 4.

Duties of election clerk.

Responsibility of election clerks acting as returning officers.

Oath of election clerk.

Penalties.

5. The election clerk shall assist the returning officer in the performance of his duties, and act in his stead as returning officer whenever the returning officer, after appointing such election clerk refuses or is unable to perform his duties.

(2.) All the provisions of this Ordinance in regard to returning officers shall apply to election clerks acting as returning officers.

(3.) The returning officer or election clerk shall not act as deputy returning officer or poll clerk in any polling place. No. 33 of 1900, s. 5.

6. The election clerk before acting as such shall take the oath of office in form "D" in said schedule 1 before the returning officer or any person authorized to administer an oath within the Territory; and a certificate as in form "E" in said schedule of his having taken such oath shall be delivered to him by the person before whom such oath is taken, which he shall cause to be forwarded to the Territorial Secretary. No. 33 of 1900, s. 6.

7. The election clerk when acting for or in the stead of the returning officer shall be subject to like penalties as the returning officer for violating any of the provisions of this Ordinance, but this shall not relieve the returning officer from any penalties to which he may render himself liable. No. 33 of 1900, S. 7.

POLLING DIVISIONS.

8. The returning officer shall with all reasonable speed after receiving the writ of election,

(1) Fix upon and secure a suitable building in the Building for locality in which the nomination is to be held for use as hustings. a hustings;

(2) Subdivide the electoral district into as many polling Polling dividivisions as he deems necessary for the convenience of elec- sion. tors and number them consecutively and give to each a distinctive name. Provided always that no such polling division shall have a greater voting population than 200; Provided further, however, that if a polling division should Proviso. include a greater number of voters than 200 the fact shall not be held to invalidate the poll held in that polling division; nor shall it render the returning officer liable to a penalty, unless it can be shown that one or more duly qualified voters have been deprived of the opportunity to vote by reason of such larger number of voters having been included within the polling division.

(3.) Provide suitable and conveniently situated buildings Buildings for for use as polling places.

polling place.

(4.) Procure or cause to be procured, as many boxes (here- Ballot boxes inafter called ballot boxes) as there are polling places to be procured. within the District.

(5.) The ballot boxes shall be made of some durable Ballot boxes material, shall be provided with a lock and key and shall how made. be so constructed that the ballot paper can be introduced therein and not withdrawn therefrom unless the box is unlocked.

polling place

(6.) The name and number of the polling place at which Name and the ballot box is to be used shall be plainly painted, or number of otherwise securely marked thereon, so that it may be easily to be on the distinguished from the ballot box of any other polling box. place.

furnish ballot

(7.) If the returning officer fails to furnish ballot boxes in Penalty for the manner herein provided, he shall incur a penalty of one failing to hundred dollars in respect of every ballot box which he has boxes. failed to furnish in the manner prescribed. No. 33 of 1900, s. 8; No. 29 of 1902, s. 8.

9. At least fourteen days before the day fixed for the Posting pronomination of candidates, the returning officer shall provide clamation. and cause to be posted up in some conspicuous place in the immediate neighbourhood of each polling place a proclamation in form "F" in said schedule 1, in which proclamation shall be set forth:

(a.) The time and place at which the nomination is to be held;

(b.) The place or building to be actually used ;

(c.) The time allowed for the nomination by this Ordi

nance;

(d.) The date when the polls will be opened at the several polling places, if a poll is required, and the time during which such polls shall remain open;

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Nominations

may be postturning officer

poned by re

(e.) The numbers and names of the places at which the several polls shall be held. No. 33 of 1900, s. 9.

POSTPONEMENT OF NOMINATION.

10. Whenever, from unforeseen accident, delay or otherwise, the proclamation cannot be posted up so as to leave the required time before the posting up of the proclamation and the nomination day, or whenever any candidate dies, after being nominated, and before the close of the polls, the returning officer shall fix another day for the nomination of candidates, which day shall be the nearest day conveniently possible after allowing the number of days required by section 9 of this Ordinance between the posting up of the proclamation and nomination day, and in every such case the returning officer shall proceed as directed in said section 9, and shall, with his return, make to the Territorial Secretary a special and full report under oath of the causes which occasioned the postponement of the election. No. 33 of 1900, s. 10.

Time and manner of nomination.

NOMINATIONS.

11. At any time before twelve o'clock noon of the day fixed for the nomination, any ten or more electors may nominate a candidate by signing before any credible witness or witnesses, and causing to be filed with the returning officer a nomination paper in form "G' in said schedule 1, and any vote given at the election for any person not nomi- son other than a candidate so nominated shall be null and

Vote for per

nated.

Nomination papers.

Witness to signatures.

Absent for candidate.

Deposit of $200.

Receipt for nomination paper.

void.

(2) A nomination paper shall not be valid or be acted upon by the returning officer unless

(a.) It is accompanied by an affidavit of some credible witness or witnesses that the persons whose signatures are appended to the nomination paper are severally known to such witness or witnesses and that they are, or will be, to the best of his knowledge and belief, electors severally entitled to vote at the election under this Ordinance.

(b.) It is accompanied by the consent in writing of the person therein nominated (except when such person is absent from the Territory, when such absence shall be stated. in the nomination paper), and,

(c.) A sum of two hundred dollars is deposited in the hands of the returning officer at the time the nomination paper is filed with him.

(3) The returning officer shall, the foregoing requirements of this section being complied with, give his receipt for the nomination paper, and the said receipt of the returning officer shall in every case be sufficient evidence

of the production of the nomination paper, of the consent of the candidate and of the payment herein mentioned.

(4.) The returning officer shall accept the sum of money How deposit herein before mentioned if it is tendered

(a). In gold coin;

(b). In Dominion of Canada notes;

(c). In the notes of, or accepted cheque on any bank chartered by the Parliament of Canada which, at the time, is redeeming its notes on demand; or

(d). Partly in one and partly in another or others of the description of money herein mentioned; but he will not be obliged to accept such tender if any part of it consists of other descriptions of money than herein specified.

may be made.

(5.) The sum so deposited by any candidate shall be Condition returned to him in the event of his being elected, or of his upon which deposit may obtaining a number of votes at least equal to one half the be returned. number of votes polled in favour of the candidate elected,

as decided in the final count, who polls the smaller number of votes.

(6.) If such candidate has not obtained the number of Forfeiture of votes in the next preceding subsection mentioned, the said deposit. deposit shall be transmitted by the returning officer to the Territorial Treasurer and by him deposited to the credit of the general revenue fund of the Territory. No. 33 of 1900, s. 11.

NOMINATION PROCEEDINGS.

12. Every returning officer shall on the date of nomina- Proceedings tion and at the place fixed as aforesaid, proceed to the at hustings. hustings, which shall be at such a place that all the electors may have free access thereto, and at the hour of eleven of the clock in the forenoon, shall proceed to read in an audible voice the nominations which he has received, and from time to time until twelve o'clock of the day shall so read further nominations as he receives them. No. 33 of 1900, s. 12.

13. At the hour of twelve o'clock the returning officer Closing shall declare the nominations closed and shall announce in nominations. an audible voice the names of the several candidates. No. 33 of 1900, s. 13.

one candidate

14. If, at the close of the hour for receiving nominations Procedure only one candidate, or if there are two candidates to be where only elected, only two candidates remain in nomination, the is nominated. returning officer shall then and there

(a). Declare the said candidate or candidates duly elected. (b). Give to such candidate or each of such candidates or any agent of either of such candidates if the candidate is not present, a certificate that such candidate has been duly elected;

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