Declaration of election and election return
96(1)The returning officer, immediately after the sixth day next following the date upon which he has completed the official addition of the votes, unless before that time he has received notice that he is required to attend before a judge for the purpose of a recount or final addition, and, where there has been a recount or final addition, then immediately thereafter, shall forthwith declare elected the candidate who obtained the largest number of votes, by completing the return to the writ on the form provided for that purpose on the back of the writ and shall then transmit by registered mail the following documents to the Chief Electoral Officer:
(a)
the election writ with his return in the form prescribed by regulation endorsed thereon that the candidate having the greater number of votes has been duly elected;
(b)
a report of his proceedings in the form prescribed by the Chief Electoral Officer;
(c)
the recapitulation sheets, in the form prescribed by the Chief Electoral Officer, showing the number of votes cast for each candidate at each polling station, and making such observations as the returning officer may think proper as to the state of the election papers as received from his deputy returning officers;
(d)
the statements of the polls from which the official addition of the votes was made;
(e)
the reserve supply of undistributed ballot papers;
(f)
the enumerator’s record books used in polling divisions where an enumeration was directed to be carried out;
(g)
Repealed: 1998, c.32, s.67
(h)
the returning officer’s and election clerk’s record sheets and other papers relating to the revision of the lists of electors;
(i)
the returns from the various polling stations enclosed in sealed envelopes, as prescribed by subsection 91(8), and containing the envelopes containing ballot papers unused, spoiled and rejected, and the counted ballots, and a packet containing the poll book, the official list of electors used at the poll, the written appointments of scrutineers and the used transfer certificates; and
(j)
all other documents used for the election.
96(2)If he has received a notice of recount or final addition the returning officer shall delay transmission of the return and report until he has received from the judge a certificate of the result of the recount or final addition, whereupon he shall transmit the same in manner hereinbefore directed.
96(3)The returning officer shall forward to each of the candidates a copy of his return of the election.
96(4)If the returning officer makes a return and report to the Chief Electoral Officer that does not comply in any respect with this section, or makes such return and report pending a recount or final addition or pending an application to a judge of the Court of Appeal under the provisions of section 95, the Chief Electoral Officer shall return the same and any or all election documents connected therewith to the returning officer for completion or correction.
96(5)Any returning officer who wilfully makes a false return or wilfully delays, neglects or refuses to return any person who ought to be returned to serve in the Legislative Assembly shall forfeit the sum of five hundred dollars to the person aggrieved, and the aggrieved person may sue for and recover the penalty together with all damages sustained by him and costs of suit in any court of competent jurisdiction, if the suit is commenced within one year after the date when the return should have been made under the provisions of this section.
96(6)The Chief Electoral Officer shall, on receiving the return of a member or members elected to the Legislative Assembly,
(a)
publish in the next issue of
The Royal Gazette a notice of the return and of the name of each candidate elected, and
(b)
deliver the returns to the Speaker of the Legislative Assembly.
96(7)The Speaker of the Legislative Assembly shall lay the returns of all elections before the Legislative Assembly at the next session after such election.
1967, c.9, s.96; 1974, c.92(Supp.), s.17; 1978, c.D-11.2, s.18; 1979, c.41, s.42; 1991, c.48, s.20; 1998, c.32, s.67; 2006, c.6, s.40; 2007, c.30, s.22