Acts and Regulations

E-3 - Elections Act

Section 5.1
Disposition versions

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Testing alternative voting methods
5.1(1)Despite any provision of this Act or the regulations, the Chief Electoral Officer may direct the use at a by-election of a procedure, equipment or technology that is different from that required by this Act or the regulations if the procedure, equipment or technology relates to any of the following:
(a) voting;
(b) the counting of votes;
(c) prescribed forms, including the form of ballot papers;
(d) the list of electors;
(e) the duties of election officers;
(f) polling divisions;
(g) polling stations; or
(h) the adaptation of voting procedures to enable electors with disabilities to vote without assistance.
5.1(1.1)A directive may only be issued under subsection (1) if it has been approved by the advisory committee.
5.1(2)A directive of the Chief Electoral Officer under subsection (1) shall describe in detail the procedure, equipment or technology to be used and shall refer to the provisions of this Act or the regulations that will be varied for or will not apply to the by-election.
5.1(3)A by-election shall not be held in accordance with a directive under this section unless the Chief Electoral Officer has done the following at least 60 days before the writ is issued for the by-election:
(a) provided a copy of the directive to each registered political party; and
(b) published the directive on the Elections New Brunswick website.
5.1(4)A by-election held in accordance with a directive under this section is not invalidated by a failure to comply with this Act or the regulations if the non-compliance is authorized by the directive.
5.1(5)Within 4 months after polling day for a by-election held in accordance with a directive under this section, the Chief Electoral Officer shall submit a report to the Speaker of the Legislative Assembly that includes the following:
(a) information on the procedure, equipment or technology used in accordance with the directive and its effectiveness; and
(b) recommendations with respect to amendments to this Act or the regulations which are required for the purpose of adopting the procedure, equipment or technology used in accordance with the directive.
2010, c.6, s.2