Procedure on recount. (2.) Any ballot paper on which votes are given to more candidates than are to be elected, or on which anything except the name or initials of the deputy returning officer on the back is written or marked by which the voter can be identified, shall be void and shall not be counted. (3.) The judge shall take a note of any objection made by a candidate or by his agent to any ballot paper found in the ballot box, and shall decide any question arising out of the objection, and the decision of the judge shall be final. (4.) The judge shall then count up the votes given for each candidate upon the ballot papers not rejected, and make up a written statement in words as well as in figures of the number of votes given for each candidate, and of the number of ballot papers rejected and not counted by him, which statement shall be made under the several heads following: (a.) Name of the municipality; (b.) Names of the candidates; (c.) Number of votes for each candidate; (d.) Papers wanting signature or initials of deputy returning officer; (e.) Papers rejected as voting for more candidates than voter entitled to vote for. (f) Papers rejected as having a writing or mark by which voters could be identified; (g.) Papers rejected as unmarked or void for uncertainty. (5.) Upon the completion of such recount or as soon as he completion of has thus ascertained the result of the poll, the judge shall seal up all said ballot papers in separate packets, and shall forthwith certify the result to the returning officer, who shall then declare to be elected the candidate having the highest number of votes, and in case of an equality of votes, the returning officer shall have the casting vote as provided in section 170 of this Act. Oertain 187. Nothing in the preceding section contained shall remedies not destroy or prevent any remedy which any person or persons may have under section 191 of this Act or otherwise. affected. application, 188. All costs, charges, and expenses of and incidental to Costs of an application for a recount and to the proceedings consequent &c., how thereon shall be defrayed by the parties to the application, in defrayed. such manner and in such proportion as the judge may determine, regard being had to the disallowance of any costs, charges, or expenses which may in the opinion of the judge have been caused by vexatious conduct, unfounded allegations, or unfounded objections, on the part either of the applicant or the respondent, and regard being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful : (1.) The costs may be taxed in the same manner and Taxation of according to the same principle as costs are taxed in the costs. county court. costs. (2.) The payment of any costs ordered to be paid by the Recovery of judge may be enforced by an execution against goods and chattels, to be issued by the county court upon filing therein the order of the judge and a certificate showing the amount at which such costs were taxed. produced 189. When a rule or order is made for the production by Document the returning officer of any document in his possession relat- under rule or ing to the specified election, the production of the document order. by the returning officer, in such manner as may be directed by the rule or order, shall be conclusive evidence that the document relates to the specified election; and any endorsement appearing on any packet of ballot papers produced by To be prima the returning officer shall be prima facie evidence of such &c. papers being what they are stated to be by the endorsement. 190. No person shall— (a.) Without due authority supply any ballot paper to any person; or (b.) Fraudulently put into any ballot box any paper other than the ballot paper, which he is authorized by law to put in; or (c.) Fraudulently take out of the polling place any ballot paper; or (d.) Without due authority destroy, take, open, or otherwise interfere with any ballot box or packet of ballot papers then in use for the purposes of the election: facie evidence Offences. Penalty by (1.) No person shall attempt to commit any offence specified in this section; (2.). Any person guilty of any violation of this section shall imprisonment. be liable, if he is the returning officer or deputy returning officer, to imprisonment for any term not exceeding two years, and if he is any other person to imprisonment for any term not exceeding six months. Money penalty for offences. Secrecy of 191. Every officer and clerk who is guilty of any wilful misfeasance or any wilful act or omission in contravention of this Act shall, in addition to any other penalty or liability to which he may be subject, forfeit to any person aggrieved by such misfeasance, act, or omission the sum of $200, to be recovered with full costs of suit by action of debt in the county court having jurisdiction in the municipality. 192. Every officer, clerk, and agent in attendance at a proceedings polling place where the voting is by ballot, shall maintain and aid in maintaining the secrecy of the voting at the polling place. at polling places to be maintained. Penalty for (1.) No officer, clerk, or agent, and no person whosoever, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain, at the polling place, information as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (2.) No officer, clerk, agent, or other person, shall communicate, at any time, to any person any information obtained at a polling place as to the candidate or candidates for whom any voter at such polling place is about to vote or has voted. (3.) Every officer, clerk and agent in attendance at the counting of the votes, shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate or attempt to communicate any information obtained at such counting, as to the candidate or candidates for whom any vote is given in any particular ballot paper. (4.) No person shall, directly or indirectly, induce any voter to display his ballot paper after he has marked the same so as to make known to any person the name of any candidate or candidates for whom he has marked his vote. (5.) Every person who acts in contravention of this section contravention shall be liable, on summary conviction before a stipendiary of this section. magistrate or two justices of the peace, to imprisonment for any term not exceeding six months 193. No person who has voted at an election by ballot No one to be shall, in any legal proceeding to question the election or disclose his return, be required to state for whom he voted. compelled to vote. agent. 194. A candidate may himself undertake the duties which Candidate any agent of his, if appointed, might have undertaken, or may may act as assist his agent in the performance of such duties, and may be present at any place at which his agent may in pursuance of this Act be authorized to attend; but no candidate shall be present at the marking of a ballot for an incapacitated voter, or a voter unable to read, under section 161 of this Act. agents. 195. When in this Act any expressions are used, requiring Acts to be or authorizing any act or thing to be done, or inferring that done before any act or thing is to be done in the presence of the agents of the candidate, such expressions shall be deemed to refer to the presence of such agents of the candidates as are authorized to attend, and as have in fact attended, at the time and place where such act or thing is being done; and the non-attendance of any agents or agent at such time and place shall not, if the act or thing is duly done, invalidate in any wise the act or thing done. reckoned. 196. In reckoning time for the purpose of this Act, Sunday Sundays and and any day set apart by any act of lawful authority for a holidays not public holiday, fast or thanksgiving shall be excluded; and where anything is required by this Act to be done on any day which falls on such days, such things may be done on the next juridical day. Q.9ic.27.57v. invalid for ance with principles 197. No election shall be declared invalid by reason of a No elections non-compliance with the rules contained in this Act, as to the to be declared taking of the poll or the counting of the votes or by reason of non-compli any mistake in the use of the powers contained in this Act, or rules, & c, if in the Schedules to this Act, or by reason of any irregularity adhered to appears to the tribunal, having cognizance of the question and result that the election was conducted in accordance with the principles laid down in this Act, and that such non-compliance, or mistake, or irregularity did not affect the result of the election. if it unaffected. by 198. The reasonable expenses incurred by the clerk of the Expenses municipality, and by the other officers and clerks, for printing, incere to be providing ballot boxes, ballot papers, materials for marking refunded. ballot papers, polling compartments, transmission of the packets required to be transmitted by this Act, and reasonable fees and allowances for services rendered under this Act, shall be paid to the clerk of the municipality by the treasurer thereof, and shall be distributed by the clerk to the several persons entitled thereto. Ꮓ Ꭺ Seats to become vacant by vency, absence &c. DIVISION 6.-VACANCIES IN COUNCIL. By crime, insolvency or absence. Sec. 199. How filled-New elections. Secs. 202-206. Not to prevent organization of Council. Sec. 204. 199. If after the election of any person as member of a council he is convicted of felony or infamous crime, or becomes crime, insol- insolvent within the meaning of any insolvent act, or remains in close custody or assigns his property for the use of his creditors, or absents himself from the meetings of the council for three months without being authorized so to do by a resolution of the council entered on its minutes, his seat on the council shall thereby become vacant, and the council shall declare the seat vacant and order a new election. Proceedings vacate seat. 200. In the event of a member of the council forfeiting his on omission to seat at the council, or his right thereto, or of his becoming disqualified to hold his seat, or on his seat becoming vacant by disqualification or otherwise, he shall forthwith vacate his seat and in the event of his omitting to do so at any time after his election, proceedings to unseat any such member as provided by sections 207 to 222, both inclusive of this Act, may be had and taken and such sections shall, for the purposes of such proceedings, apply to any such forfeiture, disqualification or vacancy. Any member may resign, with consent 201. Any mayor, reeve or other member of a council may, with the consent of a majority of the members present to be of majority of entered on the minutes of the council, resign his seat on the council. council. Provisions for and conduct ing same. 202. In case no return is made for one or more wards or new election polling sub-divisions, in consequence of non-election owing to interruption by riot or other causes, or in case a person elected to a council neglects or refuses to accept office, or to make the necessary declarations of office within the time required, or in case a vacancy occurs in the council caused by resignation, death, judicial decision or otherwise, the head of the council for the time being, or in case of his absence or of his office being vacant, the clerk, or in case of the like absence or vacancy in the office of the clerk, one of the members of the council, shall forthwith by warrant under the signature of such head, clerk or member, if procurable, require the returning officer and deputy returning officers appointed to hold the last election for the municipality, ward and polling subdivisions respectively, or any other persons duly appointed to |
