Modifying provisions of the Municipal Elections Act
4(1)Section 46 of the
Municipal Elections Act, as adopted under subsection 17(2) of the Act, does not apply to a referendum held under the Act.
4(2)Unless the Act or the context requires otherwise, references in provisions of the
Municipal Elections Act and regulations, as adopted under subsection 17(2) of the Act,
(a)
to “general election”, shall be read as “referendum”,
(b)
to “election”, shall be read as “referendum”, and
(c)
to “plebiscite”, shall be read as “referendum”.
4(3)Section 41 of the
Municipal Elections Act, as adopted under subsection 17(2) of the Act, shall be read as follows:
41(1) Upon receiving the poll materials from the polling stations for which he or she is responsible, the municipal returning officer shall
(a)
determine the total number of votes for each answer to the referendum question and forward it to the Municipal Electoral Officer as soon as possible, and
(b)
dispose of the applications to be added to the voters list collected under subsection 36(3) of the Act, the applications to correct the information on the list of electors respecting an elector and all applications to delete an elector from the list of electors that was collected at the polling station.
41(2)On receiving the appropriate information concerning the number of votes cast and the revisions of the list of qualified electors from each municipal returning officer, the Municipal Electoral Officer shall determine the total number and percentage of votes cast for each answer to the referendum question and the total number and percentage of qualified electors who cast votes for either answer to the referendum question.
41(3)If the Municipal Electoral Officer determines that at least 50% of qualified electors cast votes on the referendum question and the difference between the number of votes cast for the two answers to the referendum question is less than 500 votes,
(a)
the Municipal Electoral Officer shall advise the Chief Justice of The Court of King’s Bench of New Brunswick of the circumstances,
(b)
the Chief Justice of The Court of King’s Bench of New Brunswick shall appoint a judge of that Court to supervise a recount, and
(c)
for the purposes of the recount, subsections 42(3) to (11) apply.
41(4)After making the determination under subsection (2) and, if applicable, receiving the results of a recount under subsection (3), the Municipal Electoral Officer shall declare the results of the referendum and have a copy published in
The Royal Gazette as soon as possible.
4(4)Section 42 of the
Municipal Elections Act, as adopted under subsection 17(2) of the Act, shall be read as follows:
42(1)Within four days after the Municipal Electoral Officer declares the results of the referendum, an elector may file an application, in the form prescribed by the Municipal Electoral Officer, with a judge of The Court of King’s Bench of New Brunswick requesting a recount of the ballots cast in one or more polling divisions.
42(2)When an application is made under subsection (1), the judge shall fix times and places for the recount if it is made to appear to the judge by the affidavit of a credible witness that any one of the following would materially affect the outcome of the referendum:
(a)
an election officer or a vote tabulation machine failed to count, improperly counted or improperly rejected any ballots or made an incorrect statement of the number of votes cast in the referendum;
(b)
the municipal returning officer improperly added up the votes; or
(c)
the Municipal Electoral Officer improperly added up the votes.
42(3)The judge may appoint any person he or she considers necessary to assist in recounting the votes.
42(4)The judge shall fix times and places for the recount of some or all of the referendum ballots and shall immediately give notice of the times and places to the Municipal Electoral Officer and to any other person the judge considers necessary.
42(5)The Municipal Electoral Officer shall take the ballots and any other document the judge directs to the place or places where the recount is being held and provide the judge, as soon as possible, with the total number of qualified electors eligible to vote in the referendum.
42(6)At the times and places fixed for the recount, the judge and any person appointed by the judge to assist in recounting the votes shall recount the votes cast in the referendum, in accordance with subsections (6) to (11), in the presence of
(a)
the Municipal Electoral Officer or an Assistant Municipal Electoral Officer, if possible,
(b)
those persons considered appropriate by the Municipal Electoral Officer,
(c)
two persons who were entitled to vote in the referendum, who shall be appointed by the judge, and
(d)
any other person the judge considers necessary.
42(7)The judge shall, in consultation with the Municipal Electoral Officer, determine the procedures to be followed in conducting the recount, and the persons required or appointed to attend the recount shall carry out the procedures in the presence of the judge or any person appointed by the judge to assist in recounting the votes.
42(8)In recounting the votes, the judge or any person appointed by the judge to assist in recounting the votes shall
(a)
review the procedures prescribed by the Municipal Elections Officer for election officers with respect to the issuing of ballot papers and the counting, reporting and recording of the vote cast,
(b)
determine the number of votes for each answer to the referendum question in accordance with the procedures referred to in paragraph (
a), and
(c)
verify or correct the statements of the votes cast.
42(9)In the course of the recount, the judge and any person appointed by the judge to assist in recounting the votes shall not do any of the following:
(a)
reject a ballot by reason only that the ballot issuing officer failed to initial the ballot paper; and
(b)
count a vote that was not counted by a vote tabulation machine because the voter placed his or her mark on the ballot in an area other than the area specifically indicated for a voter to place his or her mark.
42(10)The judge and any person appointed by the judge to assist in recounting the votes shall take notice of any objection made by a person attending the recount in respect of a ballot and shall decide any question arising out of the objection, and the judge’s decision is final.
42(11)When the ballots have been examined and counted in accordance with this section, the judge shall as soon as possible sum up and announce how the votes have been cast for each answer to the referendum question, as is indicated by the recount, as well as the total percentage of qualified electors who cast votes in the referendum.
42(12)The judge shall then make and transmit without delay to the Municipal Elections Officer a written statement of the result of the recount that includes the following information:
(a)
the number of votes cast for each answer to the referendum question;
(b)
the number of ballots rejected; and
(c)
the total percentage of qualified electors that cast votes in the referendum.
42(13)After receiving the written statement of the result of the recount under subsection (12), the Municipal Electoral Officer shall declare the results of the referendum, if required in order to implement the decision of the judge, and have a copy published in
The Royal Gazette as soon as possible.
4(5)Section 54 of the
Municipal Elections Act, as adopted under subsection 17(2) of the Act, does not apply to a referendum held under the Act.
4(6)Subsection 55(2) of the
Municipal Elections Act, as adopted under subsection 17(2) of the Act, shall be read as follows:
55(2)Any person who, on the ordinary polling day or on the day immediately preceding it, does any of the following in favour of or against any answer to a referendum question commits an offence:
(a)
broadcasts over any radio or television station
(ii)
any entertainment, or
(iii)
any advertising program;
(b)
publishes or causes to be published in any newspaper, magazine or similar publication,
(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
(iii)
any advertising program,
but this subsection shall be deemed not to prohibit a
bona fide news broadcast or news publication referring to or commenting upon a speech or containing any excerpts from a speech.
2017, c.20, s.155; 2023, c.17, s.236
2017, c.20, s.155; 2023, c.17, s.236