Acts and Regulations

E-3 - Elections Act

Section 45
Disposition versions

Full text
Rules to determine residence
45(1)If, when the preliminary lists of electors are being prepared, a person is residing in a treatment centre or in a lodging, hostel, home or institution conducted for charitable or semicharitable purposes, and is expected to continue to reside there until the day of the election, the person, if otherwise qualified as an elector, is entitled to have his or her name entered on one of the following lists of electors:
(a) the list for the polling division in which he or she ordinarily resides; or
(b) the list for the polling division in which he or she resides when the preliminary lists of electors are being prepared.
45(2)If a person is duly registered and in attendance at a recognized educational institution, and for those purposes resides in a polling division other than that in which he or she ordinarily resides, the person, if otherwise qualified as an elector, is entitled to have his or her name entered on one of the following lists of electors:
(a) the list for the polling division in which he or she ordinarily resides; or
(b) the list for the polling division in which he or she resides while attending the recognized educational institution.
45(3)A candidate, and a spouse or dependant of the candidate who lives with him or her and who is qualified as an elector, are entitled
(a) to have their names entered on the lists of electors for the following places:
(i) the place where the candidate is ordinarily resident;
(ii) the place where the candidate is temporarily resident during the election, if it is in the electoral district in which he or she is a candidate;
(iii) any place where an office of the returning officer is located for the electoral district in which he or she is a candidate; or
(iv) if the candidate was a member on the day before the dissolution of the Legislative Assembly immediately preceding the election, the place in Fredericton or the area surrounding Fredericton where the former member resided for the purpose of carrying out his or her duties as a member; and
(b) to vote in any one of those places as each of them may elect.
1967, c.9, s.45; 1985, c.45, s.6; 1998, c.32, s.42; 2010, c.6, s.36
Rules to determine residence of electors
45(1)Where at the time of preparation of the preliminary list of electors a person is residing in a treatment centre or in a lodging, hostel, home, or institution conducted for charitable or semi-charitable purposes, and is expected to so continue to reside until the day of the election, he is deemed to be ordinarily resident in the treatment centre or the lodging, hostel, home, or institution.
45(2)Repealed: 1998, c.32, s.42
45(3)Repealed: 1998, c.32, s.42
45(4)Repealed: 1998, c.32, s.42
45(5)Notwithstanding anything in this Act, for the purposes of a general election, a person who, at the time of preparation of the preliminary lists of electors, is duly registered and in attendance at a recognized educational institution, and for such purposes resides in a polling division other than that in which he ordinarily resides and if he is otherwise qualified as an elector, is entitled to have his name entered on the list of electors for the polling division in which he ordinarily resides and on the list of electors for the polling division in which he resides at the time of preparation of the preliminary lists of electors, and to vote in either one of such polling divisions as he may elect but he may vote only in one division.
45(6)Each candidate at a general election who, on the day before the dissolution of the Legislative Assembly immediately preceding the election, was a member and any spouse or dependant of such a candidate who lives with him and is qualified as an elector is entitled
(a) to have his name entered on the list of electors for the following places:
(i) the place where the former member is ordinarily resident,
(ii) the place, if any, in the electoral district in which the former member is a candidate where he is during the election temporarily resident,
(iii) the place in the electoral district in which the former member is a candidate where the office of the returning officer for the electoral district is located, or
(iv) the place, if any, in Fredericton or the area surrounding Fredericton where the former member resided for the purpose of carrying out his duties as a member; and
(b) to vote in such one of those places as he may elect.
1967, c.9, s.45; 1985, c.45, s.6; 1998, c.32, s.42