In this Act 1983, c.10, s.5; 1986, c.8, s.81; 1988, c.26, s.1; 1989, c.55, s.37; 1992, c.2, s.38; 1992, c.4, s.1; 1992, c.52, s.21; 1997, c.54, s.1; 1998, c.33, s.1; 2004, c.1, s.1; 2007, c.79, s.1; 2011, c.25, s.1; 2017, c.20, s.108; 2017, c.38, s.4
“election officer” includes the Municipal Election Officer, the Assistant Municipal Electoral Officers, every municipal returning officer, election clerk, poll supervisor, voters list officer, ballot issuing officer, ballot counting officer, poll revision officer, tabulation machine officer, training officer, special voting officer, technical support officer, constable or any other person having any duty to perform under this Act to the faithful performance of which he or she may be sworn;(membre du personnel électoral)
“family associate” means the spouse of the candidate and the parent, child, brother or sister of the candidate or of the spouse of the candidate; (proche parent)
“Family Day” means Family Day as defined in the Employment Standards Act;(jour de la Famille)
“holiday” means(jour férie)
(a) Sunday,
(b) New Year’s Day,
(b.1) Family Day,
(c) Good Friday,
(c.1) Easter Monday;
(d) Victoria Day,
(e) Canada Day,
(f) New Brunswick Day,
(g) Labour Day,
(h) Remembrance Day,
(i) Christmas Day,
(j) any day appointed by proclamation of the Governor General as a public holiday or for a general fast or thanksgiving,
“Minister” Repealed: 1998, c.33, s.1
“mobile polling station” Repealed: 2011, c.25, s.1
“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act;(municipalité)
“oath” includes affirmation and statutory declaration;(serment)
“officer of a municipality” means a person appointed by a municipality under section 71 of the Local Governance Act but does not include a person appointed by a municipality to act in an advisory capacity;(fonctionnaire municipal)
“polling day” , “day of polling” or “ordinary polling day” means the day fixed for holding an election;(jour du scrutin), (jour de l’élection) ou (jour ordinaire du scrutin)
“polling division” means any division, subdivision, district, sub-district or territorial area fixed under section 10, for which a list of voters shall be prepared and for which one or more polling stations shall be established for the taking of the vote on polling day;(section de vote)
“polling station” means a building, or a portion of a building, secured by a municipal returning officer for the taking of the votes of electors on the ordinary polling day or an advance polling day;(bureau de scrutin)
“psychiatric facility” Repealed: 2007, c.79, s.1
“register of electors” means the register of electors established and maintained by the Chief Electoral Officer under the Elections Act;(registre des électeurs)
“seal” includes, when used as a verb, to lock;(sceller)
“spouse” means persons who are married to each other and persons, not being married to each other, who have cohabited continuously for a period of two years and have cohabited within the preceding year; (conjoint)
“treatment centre” Repealed: 2007, c.79, s.1
“treatment centre” means a nursing home, special care home, assisted living facility, psychiatric facility, extended care unit in a hospital or any other residential facility operated for the purpose of the care and treatment of ten or more senior citizens or ten or more persons having a physical or mental disability.(centre de traitement)
The Municipal Electoral Officer is responsible for the general administration of this Act. 1998, c.33, s.2
1997, c.65, s.7; 2017, c.20, s.108
This Act and the Local Governance Act govern the election of mayors and councillors for municipalities.
No provision in a municipal charter or a special or private Act applies to the election of mayors or councillors for municipalities.
Repealed: 2007, c.79, s.2 2004, c.1, s.2; 2007, c.79, s.2
Repealed: 2017, c.20, s.108 1994, c.94, s.1; 1998, c.33, s.3; 1998, c.41, s.75; 2000, c.26, s.203; 2003, c.27, s.68; 2005, c.7, s.47; 2017, c.20, s.108
All times mentioned in this Act shall be determined in accordance with the Time Definition Act.
2007, c.79, s.3
The Municipal Electoral Officer and the Assistant Municipal Electoral Officers shall be the Chief Electoral Officer and the Assistant Chief Electoral Officers as appointed in the Elections Act.
The Municipal Electoral Officer shall
(a) exercise general direction and supervision over the administrative conduct of elections held under this Act;
(b) enforce on the part of election officers fairness, impartiality and compliance with this Act;
(c) issue such instructions to election officers as are necessary to ensure fair, impartial and proper conduct of elections held under this Act; and
(d) perform such other duties as are prescribed under this Act.
The Assistant Municipal Electoral Officers shall assist the Municipal Electoral Officer in the performance of his duties.
In the absence or inability of the Municipal Electoral Officer to act, or if the office is vacant, the most senior Assistant Municipal Electoral Officer shall act in place of the Municipal Electoral Officer, and while acting has the powers and shall perform the duties of the Municipal Electoral Officer.
2007, c.79, s.4; 2017, c.20, s.108; 2018, c.10, s.2
The Municipal Electoral Officer may issue instructions to any election officer with respect to the conduct of the election and the procedures to be followed, and shall ensure that instructions relating to the nomination procedure for candidates, voting procedures and the counting of ballot papers are published on the website of Elections New Brunswick at least sixty days before the general elections are held, and at least thirty days before a by-election is held.
The Municipal Electoral Officer shall promptly provide to any person, upon his request, a copy of the instructions posted in accordance with subsection (1).
Any oath or form that is prescribed by the Municipal Electoral Officer for use under this Act shall be published on the website referred to in subsection (1).
Notwithstanding subsections (1) and (3), the Municipal Electoral Officer may modify, replace or supplement the instructions, oaths or forms posted on the Elections New Brunswick website as he considers necessary at any time in order to deal with emergency situations or other circumstances as may be required during the election period, which shall be posted as soon as practicable.
Instructions, oaths, forms or any other matter prescribed by the Municipal Electoral Officer, whether under this section or any other provision of this Act or the regulations, are not regulations within the meaning of the Regulations Act.
1998, c.33, s.4; 2007, c.79, s.5; 2022, c.21, s.7
The Municipal Electoral Officer may appoint a municipal returning officer for each municipality who shall carry out the duties prescribed by this Act and the instructions of the Municipal Electoral Officer in respect of the municipality for which he or she is appointed.
A municipal returning officer may be appointed for more than one municipality.
The municipal returning officer, or any person authorized to act on his behalf, may appoint one or more election clerks to assist the municipal returning officer and the election clerks shall, before entering upon their duties, take and subscribe an oath in the form prescribed by the Municipal Electoral Officer.
1998, c.33, s.5; 2004, c.1, s.3; 2007, c.79, s.6
The Municipal Electoral Officer may retain the services of such persons as are required to carry out the purposes of this Act.
Before entering upon their duties, the Municipal Electoral Officer and the Assistant Municipal Electoral Officers shall take an oath in the form prescribed by regulation.
Before entering upon their duties, a municipal returning officer and all persons on the staff of the municipal returning officer and all staff of the Municipal Electoral Officer shall take an oath in the form prescribed by the Municipal Electoral Officer to well and truly perform the duties of their office.
An election officer who refuses, neglects or is unable to carry out any duty imposed upon him by this Act, who acts as a canvasser for any candidate or who is guilty of partisan conduct after his appointment may be suspended or dismissed from his office as an election officer.
An election officer who is suspended or dismissed shall cease to act forthwith upon being notified of his suspension or dismissal.
1981, c.51, s.1
In municipalities divided into wards for election purposes, a council may, by by-law, provide that the residents of a ward shall vote only for the candidates nominated for that ward.
Subsection (1) does not apply to candidates for the office of mayor or councillor at large.
When a by-law under subsection (1) is passed, a separate ballot paper shall be prepared for each ward and shall contain the names of the candidates seeking election
(a) as mayor,
(b) as a councillor for the ward, and
(c) as a councillor at large.
1988, c.26, s.2; 1994, c.56, s.1; 1998, c.33, s.6; 2004, c.2, s.17; 2007, c.79, s.7; 2017, c.20, s.108
For each general election the Municipal Electoral Officer shall, with the assistance of the municipal returning officers, subdivide each municipality into as many polling divisions as is considered necessary giving due consideration to geographical and all other factors that may affect the convenience of the voters in casting their votes.
The Municipal Electoral Officer shall, with the assistance of the municipal returning officers, prepare a list of the polling divisions determined under subsection (1) no later than the thirty-first day of December in the year before the year in which an election is to be held.
1984, c.52, s.1; 1992, c.3, s.1; 1997, c.54, s.2; 1998, c.33, s.7; 2004, c.1, s.4; 2007, c.79, s.8; 2011, c.25, s.2
Before issuing a Notice of Election under section 15, the Municipal Electoral Officer shall issue to the municipal returning officers a preliminary voters list prepared from information in the register of electors of the persons who, based on information available to the Municipal Electoral Officer, appear to be entitled to vote in each polling division.
It shall be presumed that if a person’s name is included on a preliminary list of voters that such person is entitled to vote in an election under this Act.
The Municipal Electoral Officer shall provide the following information on each voter that is registered in the preliminary list:
(a) the given name and surname by which the voter is known in the polling division;
(b) the sex of each voter; and
(c) the civic address of each voter.
The Municipal Electoral Officer shall, at least five days before the first advance polls, send to all persons on a preliminary list a notice, in the form prescribed by the Municipal Electoral Officer, advising all persons of the polling division and polling station at which they are listed as entitled to vote.
A notice is not required to be sent under subsection (3) if no voting is to be conducted in a polling division, either because all candidates in that polling division have been deemed elected by acclamation on election day or there are no candidates for whom to vote.
Subsection (3.1) does not apply in the event a plebiscite is being held in that election.
Repealed: 2004, c.1, s.4
Where a by-election is being conducted the Municipal Electoral Officer shall publish information relating to the by-election.
Repealed: 2007, c.79, s.8
1984, c.52, s.2; 1992, c.3, s.2; 1998, c.33, s.8; 2007, c.79, s.9; 2011, c.25, s.3
The preliminary list of voters shall be open for correction, confirmation, the addition of names of persons eligible to vote, and the striking off of names of persons not eligible to vote in that municipality, on application to each municipal returning officer at any time during regular business hours up to and including the fourth day before polling day.
On request by the municipal returning officer, the administrator of a treatment centre shall provide the following information with respect to each resident or patient of the centre to the municipal returning officer for the purposes of updating and maintaining the register of electors or a preliminary list of electors:
(a) surname and given names;
(b) sex;
(c) date of birth; and
(d) current civic address and mailing address, if different from the civic address.
Each municipal returning officer shall complete the voters list and prepare the necessary copies for each polling station in accordance with the instructions of the Municipal Electoral Officer.
1994, c.56, s.2; 1998, c.33, s.9; 2004, c.1, s.5
The municipal returning officers shall make information on the voters list about individual voters available to the individual concerned for confirmation or correction.
The municipal returning officers shall, on request, indicate to any person if the name of any other person is included in the preliminary list, but shall not disclose the address of any person named in the preliminary list to any other person without the consent of the person named.
The Municipal Electoral Officer shall, upon request by a candidate and upon payment of a fee prescribed by regulation, provide a candidate with a copy of the voters list.
A copy of the voters list shall not be provided to a candidate under subsection (2) after the close of the poll at polling day.
Except for the purposes of this Act, or in accordance with any arrangement that may be entered into between the Chief Electoral Officer and the Chief Electoral Officer for Canada concerning the register of electors and the preparation of lists of voters, the Municipal Electoral Officer or any other person employed in the administration of this Act shall not provide a voters list or a copy of the voters list to any person.
A candidate who has been provided a copy of a voters list under this section shall not use or distribute the copy of the voters list except for purposes relating to the election.
1984, c.52, s.3; 1988, c.26, s.3; 1997, c.54, s.3; 1998, c.33, s.10; 2004, c.1, s.6; 2007, c.79, s.10; 2009, c.57, s.1
(a) is eighteen years of age as of the day of the election,
(b) has been ordinarily resident in the Province for a period of at least 40 days immediately before the election and is ordinarily resident in the municipality on election day, and
(c) is a Canadian citizen,
Repealed: 2009, c.57, s.1
The following persons are not entitled to vote and shall not vote:
(a) Repealed: 2004, c.1, s.6
(b) Repealed: 2004, c.1, s.6
(c) every person who is disqualified from voting under any law relating to the disqualification of electors for corrupt or illegal practices;
(d) the Municipal Electoral Officer.
A person who is entitled to vote under this section shall only vote on the ballot papers that are applicable to the municipality and the polling division of the municipality in which that person ordinarily resides.
1997, c.54, s.4; 1998, c.33, s.11; 2007, c.79, s.11
For the purposes of voting at elections and plebiscites under this Act, the municipality in which a person is resident is,
(a) if the person is a married person,
(i) at the place where his family lives and sleeps and to which, when away, he intends to return, or
(ii) if he is living apart from his family with the intent to remain so apart from it, then at the place where he lives and sleeps and to which, when away, he intends to return, without regard to where he takes his meals or is employed, and
(b) if the person is not married, at the place where he lives and sleeps, and to which, when away, he intends to return, without regard to where he takes his meals or is employed or where his family lives and sleeps.
Notwithstanding anything in this Act, a person who is duly registered and in attendance at a recognized educational institution, and who for such purposes resides in a municipality other than that in which he ordinarily resides and who is otherwise qualified under section 13 is entitled to have his name entered on one of the following lists of voters:
(a) the list for voters for the polling division in which he ordinarily resides; or
(b) the list of voters for the polling division in the municipality in which he resides while in attendance at a recognized educational institution at the time of an election or plebiscite.
1984, c.52, s.4; 1997, c.54, s.5; 1998, c.33, s.46; 2004, c.1, s.7; 2007, c.79, s.12; 2017, c.20, s.108
Nominations close at two o’clock in the afternoon as follows:
(a) for general elections, on the thirty-first day before polling day, or if such day is on a holiday, on the thirty-second day before polling day;
(b) for a by-election, on the twenty-fourth day before polling day, or if such day is a holiday, on the twenty-fifth day before polling day.
The Municipal Electoral Officer shall give a Notice of Election containing
(a) a list of offices to be filled,
(b) the day fixed for the close of nominations,
(c) any questions to be submitted to a plebiscite held in conjunction with a general election,
(d) the date of advance polls for voting, and
(e) the date on which the election is to be held.
The notice to be given under subsection (2) shall be given on a date that is
(a) not after the fourteenth day before the day fixed for the close of nominations, and
(b) not before the twenty-fifth day before the day fixed for the close of nominations.
The notice to be given under subsection (2) shall contain a notice of revision of the voters list, setting out the place and times at which revisions to the list may be made.
1988, c.26, s.4; 1994, c.56, s.3; 1997, c.42, s.5; 1998, c.33, s.12; 2007, c.79, s.13; 2010, c.31, s.88; 2011, c.25, s.4
Subject to section 38.1, each municipal returning officer shall determine the location of the polling stations within his jurisdiction.
Each polling station shall
(a) have convenient access with an outside door for admittance of voters and, if possible, another door through which the voters may leave after having voted, and
(b) if possible, be accessible without the use of stairs.
Upon the request of the municipal returning officer, the Minister of Education and Early Childhood Development or any person authorized by the Minister of Education and Early Childhood Development to do so shall make available for use as a polling station any public school if such use does not disrupt instructional time for students.
Repealed: 2007, c.79, s.13
1997, c.54, s.6; 1998, c.33, s.13, 46; 2004, c.1, s.8; 2007, c.79, s.14; 2011, c.25, s.5
Any ten or more persons entitled to vote at an election under this Act may nominate a candidate for any office by
(a) signing a nomination paper in the form prescribed by the Municipal Electoral Officer stating therein
(i) such particulars of the name, address and occupation of the candidate as identifies him, and
(ii) an address of the candidate for service of process and papers under this Act, and
(b) filing such nomination paper with the municipal returning officer at any time between the giving of the Notice of Election and the day fixed for the close of nominations.
The municipal returning officer shall not receive or act on a nomination paper unless
(a) the written consent of the candidate appears thereon, and
(b) Repealed: 2004, c.1, s.8
(c) the municipal returning officer is satisfied that at least ten of the nominators are entitled to vote at the election under this Act.
The municipal returning officer, upon receiving a nomination paper in accordance with subsection (2), shall give to the person filing the nomination paper written confirmation of receipt of the nomination paper that shall be prima facie evidence that the candidate has been duly and regularly nominated.
Repealed: 2004, c.1, s.8
Repealed: 2004, c.1, s.8
Repealed: 2004, c.1, s.8
A nomination is not void by reason that after the municipal returning officer is satisfied that at least ten of the nominators were entitled to vote at the election, it is determined that less than ten were entitled.
A candidate nominated may withdraw at any time not later than 5:00 p.m. on the third day after nominations close by filing with the municipal returning officer a declaration in writing to that effect, signed by himself, and attested by the signatures of two qualified voters in the municipality, and any votes cast for a candidate who has so withdrawn are null and void.
If, after the withdrawal, there are an equal number of candidates and vacant positions for an office, the remaining candidates shall be deemed elected by acclamation on election day without holding the poll.
Repealed: 2007, c.79, s.14
Repealed: 2007, c.79, s.14
Where a candidate dies after the close of nomination and before the poll has closed, the Municipal Electoral Officer, upon being satisfied of the fact of the death, shall countermand notice of the poll and as soon as is practicable fix a date for a by-election to be held within three months after the election.
Where action is taken under subsection (5) in a municipality where candidates are elected by ward, the countermand and by-election shall be effective only with respect to the ward in which the candidate has died.
1980, c.32, s.27; 1981, c.51, s.2; 1988, c.26, s.5; 1992, c.4, s.2; 1997, c.54, s.7; 1998, c.33, s.14; 2004, c.1, s.9; 2007, c.79, s.15; 2023, c.17, s.164
No person who
(a) is judge of the Court of Appeal or The Court of King’s Bench of New Brunswick,
(b) is a judge of the Provincial Court,
(c) is an officer of a municipality or full time employee of a municipality or is on leave of absence from such office or employment, or
(d) is an election officer for the election,
A person is not qualified to be a candidate for the office of mayor or councillor of a municipality unless the person has been resident in the municipality for at least six months immediately before the election.
Repealed: 1997, c.54, s.7
In a municipality that is divided into wards for election purposes, a person is not qualified to be nominated as a candidate for councillor for a ward unless he is a resident of that ward when he is nominated.
2011, c.25, s.6
Where in a municipality
(a) no more candidates than are required for an office are nominated, or
(b) fewer candidates than are required for an office are nominated,
Where in a municipality more candidates than are required for an office are nominated, the Municipal Electoral Officer shall grant a poll for the taking of votes for that municipality.
1988, c.26, s.6; 1992, c.3, s.3; 1997, c.54, s.8; 1998, c.33, s.15; 2007, c.79, s.16
As soon as practicable after granting the poll and before the Thursday of the second week preceding the week during which the election is held, each municipal returning officer shall give notice of the grant of the poll which notice shall include
(a) the names of the candidates,
(a.1) any question that is to be submitted to plebiscite,
(b) the date and hours during which the polls and advance polls are open,
(b.1) the dates and times during which the preliminary list of voters is open for revision at the office of the municipal returning officer, and
(c) such other information as the Municipal Electoral Officer considers necessary.
The notice of the grant of poll for each municipality shall be published
(a) in one or more newspapers published in that municipality, or
(b) if no newspaper is published in that municipality, or if it is not practicable to publish the notice before the Thursday referred to in subsection (1) in a newspaper published in that municipality, in one or more newspapers having general circulation therein.
1992, c.4, s.3; 2004, c.1, s.10; 2007, c.79, s.17; 2011, c.25, s.7; 2017, c.20, s.108
The Municipal Electoral Officer shall prepare a sufficient number of ballot papers.
The ballot paper shall be in the form prescribed by the Municipal Electoral Officer and shall contain the names of the candidates and such information pertaining to each candidate as the Municipal Electoral Officer considers appropriate.
The name of each candidate as it appears on the nomination paper shall appear on the ballot paper, and the names of the candidates shall be
(a) printed exactly as the names are set out in the nomination papers, exclusive of any professional, academic or honorary title or its abbreviation, and may include a nickname in brackets, and
(b) reproduced in alphabetical order of their surnames, and if multiple candidates have the same surname, in alphabetical order of their given names.
Where an error occurs in the listing of names as required in subsection (3), such error does not invalidate the ballot paper or the election.
Except where a plebiscite is held under paragraph 59(2)(b) of the Local Governance Act, any question being submitted to plebiscite is to appear on the same ballot paper as the names of the candidates.
1998, c.33, s.16; 2004, c.1, s.11; 2007, c.79, s.18; 2011, c.25, s.8
The municipal returning officer shall appoint such of the following poll officials as are necessary for the holding of the poll:
(a) poll supervisor;
(b) voters list officer;
(c) ballot issuing officer;
(d) poll revision officer;
(e) tabulation machine officer;
(f) special voting officer;
(g) ballot counting officer;
(h) technical support officer;
(i) constable; and
(j) such other officers as are necessary for the holding of the poll.
None of the following persons shall be appointed as election officers:
(a) persons not qualified as electors in the Province; and
(b) persons who have been found guilty of a corrupt practice under the electoral laws of Canada, of any province, or of any municipality.
Despite subsection (2), a person who is 16 years of age or older may be appointed as an election officer, except as a poll supervisor, if the person would be qualified as an elector if not for his or her age.
Persons appointed under this section shall be paid for their services according to the fees prescribed by regulation.
Nothing in this section prevents a person from holding more than one appointment under this section.
No person who is a family associate of a candidate may be appointed, act or continue to act as an election officer in any municipality in which that candidate may be elected. 1997, c.54, s.9; 1998, c.33, s.46; 2004, c.1, s.12; 2007, c.79, s.19
1992, c.4, s.4; 1998, c.33, s.17; 2004, c.1, s.13; 2007, c.79, s.20
A candidate may appoint, by a written appointment in the form prescribed by the Municipal Electoral Officer, an entitled voter to be his scrutineer at a polling station during the time the votes are taken and counted.
A candidate shall not have more than one scrutineer present at a polling station at any time during voting hours or during the counting of the votes.
A scrutineer may
(a) be present at the polling station at any time during the taking and counting of the votes, and
(b) if he is present not less than fifteen minutes before the hour fixed for opening the poll, inspect the ballot papers and other materials relating to the poll.
The scrutineer shall
(a) see that the provisions of this Act are followed,
(b) object to any personation or illegal voting, and
(c) report in writing to the Municipal Electoral Officer, immediately after the votes have been counted, any irregularities that took place within the polling station during the election.
An election is not invalid by reason of
(a) the failure of a candidate to appoint a scrutineer, or
(b) the absence of a scrutineer from a polling station.
The Municipal Electoral Officer shall cause to be posted conspicuously in each polling station during the hours it is open instructions to the voters as to the proper method of voting. 1988, c.26, s.7; 2011, c.25, s.9
The Municipal Electoral Officer shall provide each municipal returning officer with all the material and equipment necessary for each polling station, including voting screens, ballot boxes or vote tabulation machines, and instructions for voters and poll officials. 2007, c.79, s.21
Repealed: 2007, c.79, s.22 1998, c.33, s.18; 2007, c.79, s.22
Repealed: 2007, c.79, s.23 2007, c.79, s.23
The municipal returning officer shall distribute the materials and equipment provided under section 24.1 and the appropriate voters lists and ballot papers to the appropriate election officers, in accordance with the instructions of the Municipal Electoral Officer. 1998, c.33, s.19; 2004, c.1, s.14; 2007, c.79, s.24
1988, c.26, s.8; 1997, c.54, s.10; 1998, c.33, s.19.1, 20, 46; 2004, c.1, s.15; 2007, c.79, s.25; 2017, c.20, s.108
The Municipal Electoral Officer shall conduct an advance poll and shall determine the location of the advance poll.
An advance poll shall be open at each advance polling station on the Saturday and Monday, the ninth and seventh days before the ordinary polling day.
For a by-election or for a plebiscite held other than during a general election, an advance poll shall be held on the Saturday, the ninth day before polling day.
The Municipal Electoral Officer may direct that additional advance polls be held.
Every employee who is an entitled voter shall, while the polls are open on polling day at an election, have three consecutive hours for the purpose of casting his vote, and if the hours of his employment do not allow for such three consecutive hours, his employer shall allow him such additional time for voting as may be necessary to provide three consecutive hours.
No employer shall make any deduction from the pay of any such employee nor impose upon or exact from him any penalty by reason of absence from his work during such consecutive hours.
Any additional time for voting as is necessary for the purpose of complying with subsection (1) shall be granted at the convenience of the employer.
Every employer who directly or indirectly refuses to grant to a voter in his employ the voting time prescribed in subsection (1) commits an offence.
1998, c.33, s.21; 2007, c.79, s.26; 2011, c.25, s.10
Before the opening of the poll, whether ordinary or advance, all election officers and scrutineers assigned to work at a polling station shall take the oath prescribed by the Municipal Electoral Officer.
A poll supervisor who works at a polling station may have his oath taken by the municipal returning officer, an election clerk or a training officer and all other election officers may have their oaths taken either by the municipal returning officer, an election clerk, a training officer or the poll supervisor.
1988, c.26, s.9; 1998, c.33, s.22; 2007, c.79, s.27; 2011, c.25, s.11
On any ordinary polling day or advance polling day, the poll for an election shall be open at the hour of ten o’clock in the forenoon and kept open until the hour of eight o’clock in the afternoon of the same day.
If for any reason the opening of a poll is delayed past ten o’clock, the poll supervisor shall notify the municipal returning officer of the cause of the delay, shall make a record of the hour at which the poll is opened and shall keep the poll open for voting during ten full hours after opening.
Where at the time of the closing of the poll there are any voters in the polling station or in line at the door who are entitled to vote and have not done so since their arrival at the polling station, the poll shall be kept open a sufficient time to enable them to vote, but no one not actually present at the time of closing shall be allowed to vote, even if persons are still voting when he arrives.
No person other than the following may be present at a polling station on an ordinary polling day or advance polling day:
(a) the Municipal Electoral Officer;
(b) an Assistant Municipal Electoral Officer;
(c) the municipal returning officer;
(d) an election clerk;
(e) poll officials appointed by the municipal returning officer for that polling station;
(f) candidates;
(g) scrutineers;
(h) voters engaged in or waiting to vote; and
(h.1) a person who assists a voter in accordance with section 38;
(i) any other person authorized in writing by the Municipal Electoral Officer to be present.
No telephone, including a cellular phone, or any other device that may be used to communicate directly or indirectly with another person shall be used in any room where a poll, including an additional poll, is held during the time the poll remains open except by an election officer designated by a municipal returning officer or the Municipal Electoral Officer, and that is used in accordance with their directions. 1997, c.54, s.11; 1998, c.33, s.46; 2007, c.79, s.28; 2011, c.25, s.12
Notwithstanding subsection 31(4) representatives of a bona fide news broadcaster or news publication may be permitted by the municipal returning officer to enter the polling station during the holding of the poll, for the sole purpose of photographing or otherwise visually recording the casting of the ballot of a mayoralty candidate provided 1997, c.54, s.11; 1998, c.33, s.46; 2007, c.79, s.29
(a) the mayoralty candidate agrees to the presence of the representatives;
(b) previous arrangements to the satisfaction of the municipal returning officer have been made;
(c) no interviews shall be conducted in the polling station; and
(d) the representatives immediately leave the polling station once the mayoralty candidate’s ballot has been cast.
Notwithstanding subsection 31(4), where there is an election or plebiscite but no mayoralty candidate, the municipal returning officer may permit representatives of a bona fide news broadcaster or news publication to enter a polling station before or during the holding of a poll for the sole purpose of photographing or otherwise visually recording the polling station if 2007, c.79, s.30
(a) previous arrangements to the satisfaction of the municipal returning officer have been made, and
(b) no interviews are conducted in the polling station.
1997, c.54, s.12; 1998, c.33, s.23; 2007, c.79, s.31; 2011, c.25, s.13
Before the poll is open in polling stations where ballots are to be counted by hand, the ballot counting officer shall show all other election officers, candidates and scrutineers present that the ballot boxes to be used are empty before sealing such boxes, which shall remain sealed and in public view until the close of polls, and which shall then be dealt with in accordance with the instructions of the Municipal Electoral Officer.
Before the poll is open in polling stations where ballots are to be counted by machine, the poll supervisor shall, approximately fifteen minutes before the poll opens, prepare the vote tabulation machine for polling use in accordance with the instructions of the Municipal Electoral Officer so as to demonstrate to all other election officers, candidates and scrutineers present that no votes have yet been recorded on any such machine, and he shall then open the machine for the purpose of accepting votes.
Every poll supervisor, from the time he takes his oath of office until completion of the performance of his duties as poll supervisor, shall maintain order and preserve peace in the vicinity of the polling station and is vested with all the powers appertaining to a peace officer, and he may
(a) require the assistance of peace officers, constables or other persons present to aid him in maintaining peace and good order at the polling station,
(b) arrest or cause by verbal order to be arrested and place or cause to be placed in the custody of a peace officer or constable or other person, any person disturbing the peace and good order at the polling station,
(c) remove or cause to be removed from the polling station any person who is not entitled to be present, or who, being so entitled, obstructs the voting, and
(d) remove or cause to be removed on the day of an advance poll or on the ordinary polling day any advertisement, handbill, placard, poster, dodger, billboard, electronic billboard or any other means of display in any form having reference to an election, a candidate or a matter to be voted on at a plebiscite which is displayed on the premises in which a polling station is located or within thirty metres of the said premises.
A constable shall 1998, c.33, s.24; 2007, c.79, s.32
(a) have charge of the door leading to the polling station, and
(b) render assistance to the poll supervisor or other election officers when required.
Repealed: 2007, c.79, s.33 2007, c.79, s.33
Repealed: 2007, c.79, s.34 1984, c.52, s.5; 1998, c.33, s.25; 2007, c.79, s.34
Repealed: 2007, c.79, s.35 1984, c.52, s.6; 2007, c.79, s.35
1988, c.26, s.10; 1998, c.33, s.26; 2004, c.1, s.16; 2007, c.79, s.36; 2011, c.25, s.14
On entering the polling station a voter shall state his name and address to a voters list officer checking the names of voters on the voters list received from the municipal returning officer.
If the person’s name is on the voters list for that polling station, the voters list officer shall strike off the person’s name on the list and direct the person to a ballot issuing officer.
If the person’s name is not on the voters list for that polling station, the person may have his name added to the list by completing an application to be added to the voters list and a declaration of qualification to vote in a form prescribed by the Municipal Electoral Officer and
(a) presenting one or more identification documents, excluding financial or credit cards, that between them show the person’s name, current civic address and signature, or
(b) being vouched for by a voter whose name is on the voters list for that polling station and who personally attends at the polling station with the person proposing to vote and who takes an oath in the form prescribed by the Municipal Electoral Officer.
An application under subsection (3) shall be completed before a voters list officer, a poll revision officer or the poll supervisor.
A ballot issuing officer shall give each voter a ballot paper for the contest or contests in which the voter is qualified to vote, explain how to mark the ballot paper, and direct the voter to a voting compartment where the voter can mark the ballot paper without being observed by any other person.
A voter who makes a mistake in marking a ballot paper may return it to the ballot issuing officer who issued the ballot paper, who shall mark it as a “spoiled ballot” and give the voter a new one.
When a voter has marked his ballot paper it shall be deposited in a ballot box in accordance with the instructions of the Municipal Electoral Officer under section 24, and the voter shall leave the polling station at once.
1988, c.26, s.11; 1998, c.33, s.27; 2004, c.1, s.17; 2007, c.79, s.37; 2011, c.25, s.15
If a scrutineer or any election officer has reason to believe that a person applying to vote is not qualified to vote, at all or at that particular polling station, he shall require the person to take an oath in a form prescribed by the Municipal Electoral Officer confirming the person’s qualification to vote, and a person who refuses to take the oath when so required may not vote.
If a person applies to vote and the name of such person is already striken off the voters list as having voted, the person may vote if he
(a) establishes his identity to the satisfaction of the voters list officer or poll supervisor at that polling station, and
(b) takes an oath in the form prescribed by the Municipal Electoral Officer that he has not already voted at the same or any other election or plebiscite then pending.
The voters list officer shall keep a record of any person applying to vote pursuant to this section and shall note in the record if the person did or did not take the oath.
1992, c.4, s.5; 1998, c.33, s.28; 2007, c.79, s.38
If a voter requires assistance to vote, he shall be assisted by an election officer at the polling station or, if the voter prefers, by another person chosen by the voter, which person shall take an oath in the form prescribed by the Municipal Electoral Officer to mark the voter’s ballot paper in accordance with the voter’s directions, and to keep secret the vote of such voter.
A person other than an election officer may assist only one voter to vote.
At the closing of an advance poll that will be reopened on the next or a later day, poll officials shall follow the instructions of the Municipal Electoral Officer with respect to 2007, c.79, s.39
(a) securing and safeguarding the cast and unissued ballots, voters lists and all other materials and equipment used at that polling station until the poll is reopened, and
(b) procedures for reopening the poll for voting on the next or later day.
At the closing of the ordinary polls or the final closure of an advance poll, election officers shall follow the instructions of the Municipal Electoral Officer with respect to the counting, reporting and recording of the votes cast at such polling stations, and delivering the ballots, ballot boxes, voters lists, record of voting, and all other poll materials and equipment to the municipal returning officer. 2007, c.79, s.39
For each election, the municipal returning officer shall determine if there are any treatment centres in each municipality and, if so, shall 1988, c.26, s.12; 1998, c.33, s.29; 2004, c.1, s.18; 2004, c.2, s.17; 2007, c.79, s.40; 2011, c.25, s.16
(a) in consultation with the administrator of or person appointed by each centre, determine if an additional poll is required to take the vote of the residents or patients of the centre and, if it is required, shall fix the day, time and place for holding the additional poll at the centre; and
(b) appoint two special voting officers for each additional poll.
1988, c.26, s.12; 1998, c.33, s.30; 2004, c.1, s.19; 2007, c.79, s.41; 2011, c.25, s.17
When an additional poll is held in a treatment centre where residents or patients are unable to move about on their own, the special voting officers shall do the following:
(a) if appropriate, set up an additional poll in a common area of the centre to take the vote of electors who are able to attend the additional poll; and
(b) carry the ballot box, ballot papers and other necessary documents from room to room in the centre to take the vote of the remaining electors who wish to vote.
When an additional poll is held, the special voting officers shall conduct the poll in accordance with the instructions prescribed by the Municipal Electoral Officer and shall provide any necessary assistance to electors in a treatment centre.
Despite subsection 31(4), only the following persons may accompany an additional poll as it moves from room to room in a treatment centre: 1988, c.26, s.12; 1998, c.33, s.31; 2004, c.1, s.20; 2007, c.79, s.42; 2011, c.25, s.18
(a) the special voting officers;
(b) the municipal returning officer or an election clerk; and
(c) a staff member of the centre.
When an additional poll is held in a treatment centre, the ballot papers used shall be the same as those used in the election held in the municipality where the centre is located. 1988, c.26, s.12; 2004, c.1, s.21; 2007, c.79, s.43; 2011, c.25, s.19
On the close of an additional poll at a treatment centre, the administrator of or person appointed by the centre shall sign a statement certifying that all the electors who are a resident or a patient of the centre, who were present at the time fixed for the additional poll and who wished to vote were given an opportunity to vote. 1988, c.26, s.12; 2004, c.1, s.22; 2007, c.79, s.44; 2011, c.25, s.20
A special voting officer shall sign the statement after it has been signed by the administrator of or person appointed by the treatment centre. 1988, c.26, s.12; 1998, c.33, s.32; 2004, c.1, s.23; 2007, c.79, s.45; 2011, c.25, s.21
Repealed: 2007, c.79, s.46 1988, c.26, s.13; 2007, c.79, s.46
The municipal returning officer shall appoint two special voting officers for each election, and may, subject to the approval of the Municipal Electoral Officer, appoint additional special voting officers as required to conduct additional polls. 2004, c.1, s.24; 2007, c.79, s.47; 2011, c.25, s.22
1998, c.33, s.33; 2004, c.1, s.25; 2007, c.79, s.48; 2011, c.25, s.23
A person who is entitled to vote at an election may apply in the manner and form prescribed by the Municipal Electoral Officer to a special voting officer for a special ballot paper for the municipality and polling division in which the person is ordinarily resident.
Special ballot papers shall be in the form prescribed by the Municipal Electoral Officer and shall be provided to special voting officers by the Municipal Electoral Officer. 1998, c.33, s.33; 2004, c.1, s.26; 2007, c.79, s.49; 2011, c.25, s.24
1998, c.33, s.33; 2004, c.1, s.27; 2007, c.79, s.50; 2011, c.25, s.25
Before issuing a special ballot paper, a special voting officer shall ensure that the applicant’s name appears on the voters list for the municipality in which the voter ordinarily resides and shall ensure that the voter has not previously been issued a special ballot paper.
A person who is qualified to vote and whose name does not appear on the voters list for the municipality in which the person ordinarily resides may apply to have his name added to the list when applying for a special ballot paper under section 39.1.
A special voting officer shall issue a special ballot paper
(a) by giving it to the voter at the returning office, or
(b) by forwarding it by certified mail or courier to the address of the voter shown on the application referred to in section 39.1.
Despite subsection (3), special voting officers may issue a special ballot paper by delivering it to a voter outside the returning office if they are satisfied that the voter will not be able to attend the ordinary or advance polls due to the illness or incapacity of the voter or due to the illness or incapacity of a person for whose care the voter is primarily responsible.
Upon issuing a special ballot paper to a voter, a special voting officer shall record the following in the special ballot poll book:
(a) the name and address of the voter;
(b) the municipality and the polling division in which the voter ordinarily resides;
(c) where and when the special ballot paper was issued to the voter; and
(d) whether the special ballot paper was issued in person, by certified mail or by courier.
If a special ballot paper is issued to a voter in accordance with paragraph (3)(a) or subsection (4),
(a) the voter shall
(i) mark the ballot in favour of the candidate for whom he votes in the space provided for this on the special ballot paper,
(ii) place a mark on the special ballot paper beside the word “yes” or “no” opposite a question submitted to plebiscite, and
(iii) deposit it in the ballot box, and
(b) the special voting officers shall record in the special ballot poll book that the voter has voted.
If a special ballot paper is issued to a voter under subsection (4), two special voting officers shall be present to take the vote of the voter.
If a voter is unable to vote without assistance, a special voting officer may assist the voter in completing a special ballot paper in the presence of another special voting officer.
If a special voting officer is unavailable, a municipal returning officer or an election clerk may issue a special ballot paper to a voter in accordance with paragraph (3)(a) and may take the vote of a voter in the same manner as a special voting officer.
If a special ballot paper is issued to a voter in accordance with paragraph (3)(b), the following shall be issued with the special ballot paper:
(a) instructions indicating how to complete and return the special ballot paper; and
(b) a ballot envelope and a certificate envelope.
Upon receipt of a special ballot paper in accordance with paragraph (3)(b), a voter shall
(a) mark the ballot in favour of the candidate for whom he votes in the space provided for this on the special ballot paper,
(b) place a mark on the special ballot paper beside the word “yes” or “no” opposite a question submitted to plebiscite,
(c) place it in the ballot envelope and seal the ballot envelope,
(d) place the ballot envelope in the certificate envelope and seal the certificate envelope,
(e) complete and sign the certificate on the certificate envelope, and
(f) return the certificate envelope to the special voting officers who issued the special ballot paper no later than eight o’clock in the afternoon on polling day.
Upon receipt of a certificate envelope, the special voting officers, acting together, shall ensure that
(a) the certificate envelope is properly completed,
(b) the name on the certificate envelope is the same as that of the voter to whom a special ballot paper was issued, and
(c) the signature on the certificate envelope appears to be the signature of the voter who applied for the special ballot paper.
If the special voting officers are satisfied that the requirements of subsection (12) have been fulfilled, they shall
(a) remove the ballot envelope from the certificate envelope,
(b) deposit the ballot envelope in the special ballot box,
(c) record in the special ballot poll book the date and time that the certificate envelope was received and that the voter named on the certificate has voted, and
(d) destroy the certificate envelope.
If the special voting officers are not satisfied that the requirements of subsection (12) have been fulfilled, they shall mark “spoiled ballot paper” on the certificate envelope and deposit the unopened certificate envelope in an envelope designated for spoiled ballot papers.
If a special voting officer or a municipal returning officer receives a certificate envelope after eight o’clock in the afternoon on polling day, the certificate envelope shall be dealt with in accordance with subsection (14) and he shall record in the special ballot poll book the time, date and place that the certificate envelope was received.
A voter who has not returned a certificate envelope in accordance with paragraph (11)(f) shall not be issued a second special ballot paper unless
(a) the voter returns the damaged or improperly marked special ballot paper that was originally issued to the voter to the special voting officers, or
(b) the voter provides the special voting officers with an affidavit in which the voter subscribes that he has reason to believe that the special ballot paper will not be received by the special voting officers by eight o’clock in the afternoon on polling day, and the affidavit shall include the basis for the voter’s belief.
A voter who has inadvertently dealt with the special ballot paper delivered to the voter in such a manner that it cannot conveniently be used shall return it to the special voting officer, who shall deface it in such manner as to render it a spoiled ballot and who shall then deliver another special ballot paper to the voter.
No person shall vote at an advance poll or on polling day if
(a) the person has voted by special ballot, or
(b) the person has been issued a special ballot paper that has not been returned to a special voting officer.
1998, c.33, s.33; 2004, c.1, s.28; 2007, c.79, s.51; 2011, c.25, s.26
There shall be at least two special ballot boxes in each municipal returning office.
The special voting officers, in the presence of the municipal returning officer, shall seal the special ballot boxes before any special ballot papers are issued, and the boxes shall remain sealed until after the close of the polls on the ordinary polling day.
2007, c.79, s.52; 2011, c.25, s.27
Immediately following the close of the ordinary poll and in the presence of the municipal returning officer or election clerk, the special voting officers shall ensure that the special ballots are counted at the office of the municipal returning officer and they shall take all other proceedings provided by this Act and the instructions of the Municipal Electoral Officer in connection with the conduct of an election after the close of the ordinary poll.
The special voting officers shall ensure that the special ballot papers for each municipality are counted and recorded separately and shall ensure that the municipal returning officer for each municipality for which they have special ballots is notified of the number of votes for each candidate in that municipality.
Repealed: 2007, c.79, s.53 1998, c.33, s.34; 2004, c.1, s.29; 2007, c.79, s.53
1998, c.33, s.35; 2004, c.1, s.30; 2007, c.79, s.54; 2011, c.25, s.28; 2011, c.25, s.29; 2017, c.20, s.108
Upon receiving the poll materials from the polling stations, the municipal returning officer shall
(a) determine the total number of votes cast for each candidate and the question submitted to plebiscite,
(b) forthwith declare the candidate or candidates having the greatest number of votes for each office to be elected and the result of the plebiscite, and
The municipal returning officer shall
(a) make his declaration in the form prescribed by the Municipal Electoral Officer; and
(b) forthwith mail to each candidate and to the Municipal Electoral Officer a copy of the declaration.
When the municipal returning officer is unable to make such declaration by reason of an equality of votes between two or more candidates, he shall in the presence of not less than two entitled voters recount the votes cast for such candidates and declare the candidate or candidates appearing by such recount to have received the greatest number of votes to be elected.
Where in the event that action taken in subsection (3) results in an equality of votes, the municipal returning officer shall
(a) if the candidates agree, write the names of such candidates separately on blank pieces of paper and after folding the pieces of paper in such a way that the names are concealed, deposit them in a receptacle and draw one of the pieces of paper, and the candidate whose name appears on the paper withdrawn shall be declared by the municipal returning officer to be elected, or
After receiving the copy of the declaration referred to in paragraph (2)(b), the Municipal Electoral Officer shall without delay
(a) publish a copy of it in The Royal Gazette; and
(b) provide a copy of it to the clerk of the affected municipality.
Immediately after the votes have been recounted by the municipal returning officer, he shall
(a) place in a ballot transfer box provided by the Municipal Electoral Officer, all the ballot papers, keeping in a separate bundle those ballot papers over which there has been no agreement as to how they should be counted, and
(b) seal the ballot transfer box.
With the consent of the candidates who are tied, a request by a municipal returning officer under paragraph 41(4)(b) for a recount may be made only in respect of the ballot papers over which there has been no agreement as to how or if they should be counted.
2007, c.79, s.55
Where the report of the municipal returning officer discloses that there is a difference of not more than twenty-five votes between the number of votes cast for a candidate declared elected and a candidate who was not elected, a candidate who was not declared elected may, within ten days after the election, apply to the municipal returning officer for a recount of the votes.
The municipal returning officer shall, within ten days after receiving an application under subsection (1), fix a time for a recount and shall without delay notify the Municipal Electoral Officer, the candidate who filed the application and such other candidates as the municipal returning officer determines should be notified of the date, time and place for such recount.
A recount under this section shall be conducted at the municipal returning office.
Where the ballots were counted by a vote tabulation machine, a recount may be done by machine alone if all candidates who are notified under subsection (2) agree, or if there is no such agreement, the recount shall be done by both hand count and machine count.
If there is a discrepancy between the results of the hand count and the machine count, the municipal returning officer conducting the recount shall determine which count is accurate.
Subject to subsection (8), at the conclusion of the recount, the municipal returning officer shall confirm the original declaration of the results of the election or revoke the original declaration and complete a new declaration if the outcome has changed as a result of the recount.
Immediately after the votes have been recounted by the municipal returning officer, he shall
(a) place all the ballot papers in a ballot transfer box provided by the Municipal Electoral Officer, keeping in a separate bundle those ballot papers over which there has been no agreement as to how or if they should be counted,
(b) insert into the box a statement signed by him stating the number of votes counted for each candidate and the number of ballot papers over which there has been no agreement as to how or if they should be counted, and
(c) seal the ballot transfer box.
If two or more candidates for an office have been allowed the same number of votes by the municipal returning officer, and the candidates agree, he shall write the names of such candidates separately on blank pieces of paper and after folding the pieces of paper in such a way that the names are concealed, deposit them in a receptacle and draw one of the pieces of paper, and the candidate whose name appears on the paper withdrawn shall be declared by the municipal returning officer to be elected.
1980, c.32, s.27; 1984, c.52, s.7; 1992, c.4, s.6; 1997, c.54, s.13; 1998, c.33, s.36, 46; 2004, c.1, s.31; 2007, c.79, s.56; 2023, c.17, s.164
Within ten days after the date of the declaration made under section 41.1 or within ten days after the date of the election, as the case may be, a candidate referred to in subsection (0.1) may file a petition in the form prescribed by the Municipal Electoral Officer with a judge of The Court of King’s Bench of New Brunswick requesting
(a) a recount of only the ballots on which the parties cannot agree as to how or if they should be counted, if a recount has taken place under section 41.1, or
(b) a full recount of all votes cast,
Repealed: 2007, c.79, s.56
The municipal returning officer shall bring to the place where the recount is being held the sealed box in which the ballots are kept and such other documents as the judge directs.
At the time and place appointed, the judge, in the presence of the municipal returning officer and those notified who are in attendance, shall recount the votes cast over which the parties did not agree or recount all of the votes cast, as the case may be, as provided in subsections (5), (7), (8), (9) and (10).
The judge shall review the instructions of the Municipal Electoral Officer as to how ballots were to be issued, marked and counted in the election, and shall examine the ballots cast and determine the votes cast for each candidate.
Repealed: 2007, c.79, s.56
The judge shall take notice of any objection made by a candidate or his authorized agent in respect of a ballot paper and shall decide any question arising out of the objection, and his decision is final.
When the ballot papers have been examined and counted, the judge shall forthwith sum up and announce the total number of votes allowed for the candidate who filed the petition and each other candidate notified under subsection (1), and declare elected the candidate or candidates having the highest number of total votes among the candidates for whom the recount was carried out.
If two or more candidates for an office have been allowed the same number of votes by the judge, he shall write the names of such candidates separately on blank pieces of paper and after folding the pieces of paper in such a way that the names are concealed, deposit them in a receptacle and direct the municipal returning officer to withdraw one of the pieces of paper, and the candidate whose name appears on the paper withdrawn shall be declared by the judge to be elected.
The judge shall then make and transmit without delay to the municipal returning officer a written statement of the result of the recount and every such written statement shall show
(a) the name of the candidate who filed the petition,
(b) such other candidates as the judge required to be notified under subsection (1),
(c) the total number of votes allowed for each candidate,
(d) the number of ballot papers rejected, and
(e) the names of the candidates declared elected on the basis of the recount.
Where a petition is filed under subsection (1) and the candidate declared elected by a municipal returning officer is not so declared elected by the judge, the judge shall
(a) order the costs of all parties to be paid by the Municipal Electoral Officer, and
(b) fix such costs in accordance with the schedule of costs prescribed by regulation.
Where a petition is filed under subsection (1) and the recount does not alter the result of the poll so as to affect the return, the judge shall
(a) order the costs of the candidate or candidates declared elected on the basis of the recount to be paid by the petitioner, and
(b) fix such costs in accordance with the schedule of costs prescribed by regulation.
The amount awarded in costs under subsection (12) to a candidate may be enforced by execution to be issued upon filing the order of the judge and a certificate showing the amount at which costs were fixed and an affidavit of the non-payment of those costs.
Where the Municipal Electoral Officer is, within twenty-one days after an election, made aware of an administrative error or defect in equipment used in an election and is satisfied that the outcome of the election was affected in a manner that cannot be redressed by a recount, the Municipal Electoral Officer may set aside the declaration of the municipal returning officer for that election and may call a by-election. 2007, c.79, s.57
1998, c.33, s.37; 2007, c.79, s.58; 2023, c.17, s.164
The property in ballot boxes and all election documents is vested in the Crown in right of the Province.
The Municipal Electoral Officer or the Chief Electoral Officer may make use of any information in any election documents to revise the register of electors following an election held under this Act.
Notwithstanding the Archives Act, all ballot papers cast in an election and all other documents used at the polling station may be destroyed after thirty days unless they may be involved in a recount in which case they may be destroyed thirty days after the recount.
2004, c.2, s.17; 2007, c.79, s.59; 2017, c.20, s.108
A by-election shall be conducted in the same manner as a general election.
Subject to subsection (3) the preliminary voters lists for a by-election shall be the most recent voters list prepared for the previous election.
The Municipal Electoral Officer may where he considers it advisable prepare in accordance with this Act a new voters list for the by-election.
Repealed: 2003, c.27, s.68 1998, c.33, s.38; 2003, c.27, s.68
1984, c.52, s.8; 1998, c.33, s.39; 2017, c.20, s.108; 2023, c.17, s.164
A plebiscite shall not be held under subsection 59(2) of the Local Governance Act except where
(a) the Municipal Electoral Officer determines that the question that is the subject of the plebiscite is within the powers of the municipality and is not vague, confusing or unclear, or
(b) an application is made under subsection (7) and the judge determines that the question that is the subject of the plebiscite is within the powers of the municipality and is not vague, confusing or unclear.
When a plebiscite is held under paragraph 59(2)(b) of the Local Governance Act, the provisions of this Act apply as if the plebiscite were held under paragraph 59(2)(a) of the Local Governance Act and the voters list to be used shall be the latest voters list prepared for that municipality and, except in subsection 11(1), where the word “election” occurs in this Act, the word “plebiscite” is substituted where appropriate and except in this section where the words “municipal electoral officer” or “municipal returning officer” occur in this Act, the word “clerk of the municipality” is substituted.
Where a plebiscite is held under subsection 59(2) of the Local Governance Act, the clerk of the municipality shall provide the Municipal Electoral Officer with a certified copy of the resolution authorizing the plebiscite, whereupon the Municipal Electoral Officer shall determine whether the question that is the subject of the plebiscite
(a) is a matter within the powers of the municipality; or
(b) is vague, confusing or unclear.
If the plebiscite is held under paragraph 59(2)(a) of the Local Governance Act, the clerk of the municipality shall provide the Municipal Electoral Officer with a certified copy of the resolution authorizing the plebiscite forty-five days prior to the close of nominations.
Where the Municipal Electoral Officer determines that the question that is the subject of the plebiscite is within the powers of the municipality and is not vague, confusing or unclear he shall
(a) inform the municipality of his decision; and
(b) if a plebiscite is held under paragraph 59(2)(a) of the Local Governance Act, place on the ballot paper containing the names of the candidates the question that is the subject of the plebiscite.
Where the Municipal Electoral Officer determines that the question that is the subject of the plebiscite is not within the powers of a municipality or is vague, confusing or unclear he shall
(a) inform the municipality of his decision and the reasons therefor in writing; and
(b) if a plebiscite is held under paragraph 59(2)(a) of the Local Governance Act, refuse to place on the ballot paper containing the names of the candidates the question that is the subject of the plebiscite.
Within thirty days after receiving the decision of the Municipal Electoral Officer under subsection (6), a municipality may apply to a judge of The Court of King’s Bench of New Brunswick by Notice of Application for a determination as to whether the question that is the subject of the plebiscite
(a) is within the powers of the municipality, or
(b) is vague, confusing or unclear.
An application may be made under subsection (7) without joining the Municipal Electoral Officer.
Where
(a) a plebiscite is held under paragraph 59(2)(a) of the Local Governance Act, and
(b) the judge determines that the question that is the subject of the plebiscite
(i) is within the powers of the municipality, and
(ii) is not vague, confusing or unclear,
Where
(a) a plebiscite is held under paragraph 59(2)(b) of the Local Governance Act, and
(b) the judge determines that the question that is the subject of the plebiscite
(i) is within the powers of the municipality, and
(ii) is not vague, confusing or unclear
Prior to the holding of a plebiscite, the council of a municipality shall
(a) prepare a document setting out
(i) the question that is the subject of the plebiscite,
(ii) the projected cost, if any, of implementation of the plebiscite proposal, and
(iii) any other background information considered relevant by the council, and
(b) cause a notice of the holding of the plebiscite to be published in a newspaper published or having general circulation in the municipality setting out
(i) the question that is the subject of the plebiscite, and
(ii) the place in the municipality where the document referred to in paragraph (a) may be viewed.
2020, c.34, s.11998, c.33, s.40; 2004, c.1, s.32; 2020, c.34, s.2
During an election, in the case of a mistake, miscalculation or unforeseen circumstance, the Municipal Electoral Officer may adapt any provision of this Act to carry out the purpose and intent of this Act.
Despite subsection (1), the Municipal Electoral Officer shall not
(a) extend the time by which nomination papers may be filed, or
(b) change, at any time, ordinary polling day or voting hours.
2020, c.34, s.3; 2022, c.25, s.232020, c.34, s.3; 2020, c.34, s.4; 2022, c.25, s.23; 2022, c.28, s.36
For the purposes of an election, during a state of emergency or a state of local emergency, as those terms are defined in the Emergency Measures Act or during a period in which an order by the Minister of Health under section 33.2 of the Public Health Act is in effect, the Municipal Electoral Officer may modify any provision of this Act to carry out the purpose and intent of this Act, including but not limited to provisions with respect to
(a) voting procedures,
(b) the counting of votes,
(c) time requirements,
(d) prescribed forms, including the form of ballot papers,
(e) polling divisions or polling stations,
(f) the duties of election officers, and
(g) the number of election officers.
During a state of emergency or a state of local emergency, as those terms are defined in the Emergency Measures Act or during a period in which an order by the Minister of Health under section 33.2 of the Public Health Act is in effect, the Municipal Electoral Officer may impose restrictions or take any measures that the Municipal Electoral Officer considers necessary or advisable to protect the health and safety of election officers or the public.
During a state of emergency or a state of local emergency, as those terms are defined in the Emergency Measures Act, the Municipal Electoral Officer shall consult with the Minister of Public Safety and, if appropriate, the Chief Medical Officer of Health before acting under subsection (2).
During a period in which an order by the Minister of Health under section 33.2 of the Public Health Act is in effect, the Municipal Electoral Officer shall consult with the Minister of Health before acting under subsection (2).
(a) extend the time by which nomination papers may be filed, or
(b) change, at any time, ordinary polling day.
Within four months after ordinary polling day, if the Municipal Electoral Officer has acted under subsection (1) or (2), the Municipal Electoral Officer shall submit to the Speaker of the Legislative Assembly a report with respect to the actions taken under that subsection and include, if appropriate, any recommendations with respect to amendments to this Act.
No action or other proceeding lies or shall be instituted against the Municipal Electoral Officer and the members of his or her staff for anything done or purported to be done in good faith or for anything omitted in good faith under this Act. 2018, c.10, s.3
2017, c.20, s.108
Subject to subsection (2), all costs and expenses of an election or plebiscite incurred under the authority of the Municipal Electoral Officer, shall be paid out of the Consolidated Fund.
Where a plebiscite is held under paragraph 59(2)(b) of the Local Governance Act all costs and expenses of that plebiscite shall be paid by the municipality in which the plebiscite is held.
1984, c.27, s.12; 1998, c.33, s.41; 2004, c.1, s.33; 2007, c.79, s.60; 2011, c.25, s.30; 2018, c.10, s.4
Where in this Act or the regulations any oath, affirmation, affidavit or statutory declaration is authorized or directed to be made, taken or administered, it shall be made before and administered by the person who by this Act, the regulations or instructions of the Municipal Electoral Officer is expressly required to administer it, and if no particular person is required to administer it, then by the judge of any court, a municipal returning officer, an election clerk, a poll supervisor, a special voting officer, a notary public or a commissioner of oaths.
Any person before whom an oath may be taken or any affirmation made has power to administer it, and shall administer it gratuitously.
A person who 1990, c.61, s.87
(a) forges or counterfeits a ballot paper,
(b) without authority supplies a ballot paper to any person,
(c) is not entitled to the possession of a ballot paper and has a ballot paper in his possession,
(d) fraudulently puts into a ballot box a paper other than a ballot paper that he is authorized by law to put in,
(e) fraudulently prints any ballot paper or what purports to be or is capable of being used as a ballot paper,
(f) is authorized by the Municipal Electoral Officer to print ballot papers and fraudulently prints more ballot papers than authorized, or
(g) attempts to commit any offence in this section,
Every election officer or scrutineer who 1998, c.33, s.42; 2004, c.1, s.34; 2007, c.79, s.61; 2008, c.14, s.1
(a) gives or offers to give a voter advice with respect to a question submitted to plebiscite or a candidate for whom he should or should not vote,
(b) interferes with a voter in the exercise of his franchise, or
(c) divulges to any person how a voter has voted,
Every person who 1998, c.33, s.43; 2004, c.1, s.35; 2007, c.79, s.62
(a) personates a voter,
(b) votes more than once at the same election or in more than one municipality at the same election,
(c) makes a false statement of identification or a false declaration in the presence of an election officer for the purpose of being permitted to vote,
(d) fraudulently deposits in a ballot box any paper other than a ballot paper,
(e) fraudulently tenders more than one ballot paper when voting,
(e.1) fraudulently or maliciously destroys, takes or interferes with the information on or use of any equipment on which a voters list or any record of who has voted is maintained, or with a vote tabulation machine,
(f) fraudulently destroys, takes, opens or interferes with a ballot box or vote tabulation machine in use for an election, or
(g) attempts to commit any offence specified in this section,
1980, c.32, s.27; 1986, c.4, s.38; 2004, c.1, s.36; 2013, c.32, s.24; 2023, c.17, s.164
Any person who, by himself or by any person on his behalf or in his interest, directly or indirectly
(a) gives, lends or agrees to give or lend, or offers or promises, or promises to procure or to endeavour to procure, any money or valuable consideration, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or does any such act on account of any such voter having voted or refrained from voting at any election,
(b) gives or procures, or agrees to give or procure, or offers or promises, or promises to procure or to endeavour to procure, any office, place or employment, to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or does any such act on account of any voter having voted or refrained from voting at any election,
(c) advances or pays, or causes to be paid money to or for the use of any other person, with the intent that such money or any part thereof shall be expended in bribery at an election, or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at an election, or
(d) makes use of, or threatens to make use of any force, violence or restraint, in order to induce or compel any other person to vote for any candidate or to refrain from voting,
Within ten days after an election an entitled voter may file with a judge of The Court of King’s Bench of New Brunswick a petition alleging
(a) that a person committed an offence under subsection (1), and
(b) the particular acts of bribery.
Upon being satisfied that the petitioner has deposited with the clerk of the court for the judicial district in which the petition was filed under subsection (2) as security for costs the sum of one hundred dollars for each person against whom an offence under this section is alleged the judge shall fix a time and place for the hearing of the petition.
Not less than six clear days before the time fixed for the hearing of the petition the petitioner shall serve notice of the hearing and a copy of the petition upon each respondent.
At the request of the petitioner or a respondent the clerk shall issue a summons to witness under the seal of the court for the attendance of any witness required by such party.
The summons to witness is served and the attendance of witnesses enforced in the same manner as in a civil action in the court.
The judge shall determine the matter of the petition upon the evidence adduced before him.
The costs of a hearing are in the discretion of the judge who shall order the disposition of the money deposited as security for costs under subsection (3).
When a party fails to pay, upon demand, any costs ordered to be paid by him under this section, the judge’s order may be registered and enforced under the Enforcement of Money Judgments Act.
When the judge finds that a candidate who has been elected was guilty of an offence under this section, he shall declare void the election of such candidate and the seat of such candidate upon the council thereupon becomes vacant.
When the judge finds that a person guilty of an offence under this section knew or ought reasonably to have known that bribery was being practised on his behalf or in his interest and failed or neglected to take measures to suppress such bribery such person is disqualified from being a candidate and voting at any election in any municipality, for six years after such finding.
The terms of this section do not extend and shall not be construed to extend to any money paid or agreed to be paid for or on account of any expenses legally payable and bona fide incurred at or concerning any election, and the actual personal expenses of a candidate and his expenses for professional services actually performed and for the fair cost of printing and advertising and for halls or rooms for the holding of meetings shall be held to be expenses legally payable.
Every printed advertisement, handbill, placard, poster or dodger having reference to an election shall bear upon its face the name and address of its printer and its publisher, and any person printing, publishing, distributing or posting up, or causing to be printed, published, distributed or posted up, any such document unless it bears upon its face such names and addresses commits an offence.
1997, c.54, s.14
Any person who furnishes or supplies any loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, to any person with intent that it shall be carried, worn or used on automobiles, trucks or other vehicles, as political propaganda, on the ordinary polling day, who, with any such intent, carries, wears or uses, on automobiles, trucks or other vehicles, any such loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, on the ordinary polling day commits an offence.
No person shall on the day of an advance poll or on the ordinary polling day use a loud speaker or any other device to amplify, project or convey a person’s voice or a sound for the purpose of conveying political propaganda that can be heard within thirty metres of the premises in which a polling station is located.
Any person who, on the ordinary polling day or on the day immediately preceding it,
(a) broadcasts over any radio or television station,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising program; or
(b) publishes or causes to be published in any newspaper, magazine or similar publication,
(i) a speech, or
(ii) any advertising; or
(c) transmits, conveys or causes to be transmitted or conveyed by any means to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising;
Any person who uses, aids, abets, counsels or procures the use of,
(a) any radio or television station,
(b) any newspaper, magazine or similar publication, or
(c) any means of transmitting or conveying communications to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
Any person who, on the day of an advance poll or on the ordinary polling day, displays or causes to be displayed on the premises in which a polling station is located or within thirty metres of the said premises any advertisement, handbill, placard, poster, dodger, billboard, electronic billboard or any other means of display having reference to an election, a candidate or a matter to be voted on at a plebiscite commits an offence.
1990, c.61, s.87
A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
1984, c.52, s.9; 1992, c.3, s.4; 1998, c.33, s.44; 2007, c.79, s.63; 2023, c.17, s.164
The Lieutenant-Governor in Council may make regulations to give effect to this Act and, without restricting the generality of the foregoing, may make regulations
(a) respecting a scale of fees and expenses for the purposes of this Act;
(b) Repealed: 2007, c.79, s.63
(c) Repealed: 2007, c.79, s.63
(d) Repealed: 2007, c.79, s.63
(e) Repealed: 2007, c.79, s.63
(f) Repealed: 2007, c.79, s.63
(g) respecting publication of notices under this Act and the regulations;
(h) respecting facsimile signatures of the Municipal Electoral Officer, the Assistant Municipal Electoral Officer or a municipal returning officer;
(i) prescribing schedules of costs with respect to proceedings under this Act in The Court of King’s Bench of New Brunswick;
(j) Repealed: 2007, c.79, s.63
(k) respecting oaths to be taken by the Municipal Electoral Officer and the Assistant Municipal Electoral Officers.
Repealed: 2007, c.79, s.63
2018, c.10, s.5
Subject to subsection (2), a person who violates or fails to comply with a provision of the regulations commits an offence.
For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
2018, c.10, s.5; 2019, c.12, s.22; 2020, c.25, s.77; 2023, c.40, s.25
The Lieutenant-Governor in Council may make regulations
(a) respecting the expenditures that may be incurred, the contributions that may be made and the financing that may be provided, and by whom, in connection with a general election, by-election or first election held in a municipality, including placing limits or other restrictions on such expenditures, contributions or financing and establishing registration requirements for candidates and reporting requirements with respect to the contributions, expenditures or financing;
(b) prescribing the duties and powers of the Municipal Electoral Officer and members of his or her staff in connection with regulations made under this section, including authorizing the Municipal Electoral Officer to
(i) determine if candidates and other persons are complying with the regulations;
(ii) prescribe forms, documents and receipts and their contents for use in the application of the regulations;
(iii) issue guidelines for use in the application of the regulations;
(iv) determine whether contributions and expenditures have been made or financing has been provided in accordance with the regulations, if he or she considers it necessary;
(c) providing for late filing penalties, including the circumstances in which they may be imposed, their payment into the Consolidated Fund and their recovery as a debt due to the Crown in right of the Province;
(d) respecting the liabilities and surpluses of candidates with respect to contributions received, expenditures incurred or financing obtained;
(f) prescribing, in respect of offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(g) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both.
A regulation under this section may prohibit or restrict any activity or thing that this section contemplates being the subject of a regulation.
Regulations under this section may vary for or be made in respect of different persons, matters or things or different classes or categories of persons, matters or things.
A regulation under this section may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.
In a regulation under this section, the Lieutenant-Governor in Council may
(a) delegate a matter to the Municipal Electoral Officer, members of his or her staff or the Minister of Local Government, and
(b) confer a discretion on the Municipal Electoral Officer, members of his or her staff or the Minister of Local Government.
A guideline issued by the Municipal Electoral Officer is not a regulation within the meaning of the Regulations Act. 2018, c.10, s.5; 2019, c.12, s.22
2018, c.10, s.5
The Municipal Electoral Officer may require that any form or document required to be filed with the Municipal Electoral Officer under the regulations be submitted in an electronic format that has been approved by the Municipal Electoral Officer, using the technology put in place by the Municipal Electoral Officer.
If the Municipal Electoral Officer requires a form to be submitted in an electronic format, any requirement in the regulations that the truth of the information provided be certified is satisfied if the form is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.
If the Municipal Electoral Officer requires a document to be submitted in an electronic format, any requirement in the regulations for filing a certified copy of the document is satisfied if the document is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.