Table of Contents - Election Act

Contents
Part 1 — Interpretation and Application
	1	Definitions
	2	Time
	3	Amendments do not apply for 6 months unless notice given
	3.1	Act does not inhibit government or members
Part 2 — Election and Other Officials
	Division 1 — Chief Electoral Officer
	4	Appointment of chief electoral officer
	5	Impartiality
	6	Term of office
	7	Remuneration and pension
	8	Resignation, removal or suspension
	9	Acting chief electoral officer
	10	General staff of the chief electoral officer
	11	Expenses of administering Act
	12	Duties and powers of the chief electoral officer
	13	Reports to the Legislative Assembly
	Division 2 — Election Advisory Committee
	14	Establishment of Election Advisory Committee
	15	Meetings of committee
	16	Role of committee
	Division 3 — Election Officials
	17	Individuals prohibited from being appointed as election officials
	18	District electoral officers
	19	Voting officers and other election officials and staff
	20	Oath of office
	21	Terms of appointment
	Division 4 — Voter Registration Officials
	22	District registrars of voters
	23	Temporary voter registration officials
Part 3 — Calling an Election
	24	Order for a general election
	25	Order for a by-election
	26	Election called when writ of election issued
	27	General voting day
	28	Notice of election
Part 4 — Voters
	Division 1 — Qualifications
	29	Who may vote
	30	Individuals disqualified from voting
	Division 2 — Registration
	31	Who may register as a voter
	32	Rules for determining where an individual is resident
	33	When an individual may register
	34	Updating registration information
	35	Application for registration
	36	General registration
	37	Closed period for general registration
	38	Registration through agencies
	39	Special voter registration opportunities
	39.1	Registration and updating based on National Register of Electors information
	40	Automatic updating using driver's licence information
	41	Registration in conjunction with voting if identification documents available
	41.1	Registration in conjunction with voting if no identification documents
	41.2	Challenge of registration
	42	Enumerations
	43	Cancellation of enumeration if election called
	44	Voter registration officials conducting enumeration
	Division 3 — Lists of Voters
	45	Provincial List of Voters to be maintained
	46	Updating the Provincial list of voters
	47	Preparation of lists of voters for use in an election
	48	Access to lists of voters during election
	49	Objection to the registration of a voter
	50	Resolving objections
	51	Lists of voters generally
Part 5 — Candidates
	Division 1 — Nominations
	52	Who may be nominated
	53	Who may make nominations
	54	Nomination documents
	55	Nomination deposit
	56	Nomination by filing documents with the district electoral officer
	57	Standing nominations filed with the chief electoral officer
	58	Changes to nomination documents after filing
	59	Nomination documents available for public inspection
	60	Endorsement of candidate by registered political party
	61	Declaration of candidates and election
	62	Notice of election by voting
	Division 2 — Candidates
	63	When an individual is a candidate
	64	Withdrawal of candidate
	65	Death of candidate
	66	Challenge of candidate
	67	Candidate entitled to leave from employment
	68	Delivery of documents to candidates
	Division 3 — Candidate Representatives
	69	Appointment of official agent
	70	Appointment of scrutineers and other candidate representatives
	71	Notice of candidate agents
	72	Presence of candidate representatives at election proceedings
Part 6 — Voting
	Division 1 — Voting Opportunities
	73	Voting opportunities
	74	Time off from work for general voting
	75	General voting opportunities for an electoral district
	76	Advance voting opportunities for an electoral district
	77	Special voting opportunities
	78	Alternative absentee voting
	79	Notice of voting opportunities
	Division 2 — Arrangements for Voting
	80	Voting areas
	81	Voting places
	82	Voting stations
	83	Voting screens
	84	Voting books
	85	Ballot boxes
	86	Ballots
	87	Ballot papers, certification envelopes and other materials
	88	Assignment of election official responsibilities
	Division 3 — Voting Proceedings
	89	Each individual may vote only once in an election
	90	Voting to be by secret ballot
	91	How to mark a ballot
	92	Individuals who must be present at voting proceedings
	93	Individuals who may be present at voting proceedings
	94	Only one individual at a time may use a voting screen
	95	Sealing of ballot boxes
	Division 4 — Voting at a Voting Opportunity
	96	General voting
	97	Advance voting for an electoral district
	98	Voting at a special voting opportunity
	99	Absentee voting on general voting day in a different voting area
	100	Absentee voting at general voting for a different electoral district
	101	Absentee voting at an advance voting opportunity for a different electoral district
	Division 5 — Alternative Absentee Voting
	102	Who may vote by alternative absentee voting
	103	When an individual may vote by alternative absentee voting
	104	Voting at the office of the district electoral officer
	105	Obtaining an alternative absentee voting package
	106	Voting using an alternative absentee voting package
	107	Receipt of alternative absentee voting packages
	108	Special provision of alternative absentee voting packages for armed forces and others
	Division 6 — Special Circumstances
	109	Individuals needing assistance to mark their ballots
	110	Individuals unable to enter a voting place
	111	Challenge of a voter
	112	If another individual has already voted under a voter's name
	113	Replacement of spoiled ballot
	114	Time for voting extended
Part 7 — Counting of the Vote
	Division 1 — Initial Count
	115	What is the initial count
	116	When the initial count is to take place
	117	Where the initial count is to take place
	118	Who conducts the initial count
	119	Who must and may be present at the initial count
	120	Proceedings on the initial count
	121	Ballot account for initial count
	122	Consideration of ballots
	123	Rules for accepting and rejecting ballots
	124	Objections to the acceptance of a vote or the rejection of a ballot
	125	Preliminary election results
	126	Packaging and delivery of election materials to district electoral officer
	Division 2 — Final Count
	127	What is the final count
	128	When and where the final count is to take place
	129	Who conducts the final count
	130	Who must and may be present at the final count and preparations
	131	Certification envelope preparations for final count
	132	Proceedings on final count
	133	Ballot account for final count
	134	Consideration of certification envelopes
	135	Consideration of ballots from certification envelopes
	136	Recount by district electoral officer of ballots considered in initial count
	137	Declaration of official election results
	138	Preparation of election materials for delivery to chief electoral officer
	Division 3 — Judicial Recount
	139	Application for judicial recount by Supreme Court
	140	Notice of time and place for recount
	141	Individuals who may be present at a judicial recount
	142	Judicial recount procedure
	143	Results of judicial recount
	144	Appeal of judicial recount
	145	Procedure on appeal of judicial recount
	Division 4 — Final Proceedings
	146	Return of the writ of election
	147	Report of results of election by chief electoral officer
	148	By-election if tie vote
	149	Retention of election materials
Part 8 — Invalid Elections
	150	Application to court
	151	Power of the court on an application
	152	Costs of an application
	153	Report to the Legislative Assembly
Part 9 — Registration of Political Parties and Constituency Associations
	Division 1 — Registration
	154	Benefits of registration
	155	Registration of a political party
	156	Prohibitions regarding political party names and other identifications
	157	Registration of a constituency association
	158	Processing of applications for registration
	159	Changes in registration information
	160	Changes in political party name or form of identification
	161	Authority of principal officers
	162	Registers and other information to be open to the public
	Division 2 — Deregistration and Suspension
	163	How an organization may be deregistered
	164	Voluntary deregistration
	165	Deregistration of constituency association on request of its political party or MLA
	166	Automatic deregistration of constituency associations
	167	Automatic suspension of constituency associations
	168	Automatic deregistration of political party for failure to run candidates
	169	Notice of deregistration or suspension
	Division 3 — Effect of Deregistration
	170	Financial reports required on deregistration
	171	Assets of deregistered organization to be held in trust
	172	Disposition of assets of a political party
	173	Disposition of assets of a constituency association
	174	Reregistration
Part 10 — Election Financing
	Division 1 — Financial Officers
	175	Requirement for financial agent
	176	Appointment of financial agent
	177	Obligations of financial agent
	178	Deputy financial agents
	179	Appointment of auditor
	Division 2 — Definition and Valuation of Political Contributions and Expenses
	180	Political contributions generally
	181	Political contributions through loans and debts
	182	Political contributions through fundraising functions
	183	Election expenses
	184	Contestant expenses
	185	General valuation rules
	Division 3 — Making and Accepting Political Contributions
	186	Restrictions on making political contributions
	187	Restrictions on accepting political contributions
	188	Limits on anonymous contributions
	189	Prohibited contributions must be returned
	190	Financial agent must record each political contribution
	191	Candidate and constituency association records must be provided to political party
	192	Income tax receipts for political contributions
	Division 4 — Incurring Election and Contestant Expenses
	193	Restrictions on who may incur election and contestant expenses
	194	Restrictions on who may incur expenses equivalent to election expenses
	195	Time limit for demanding payment of election expenses
	Division 5 — Election Expenses Limits
	196	Election expenses in excess of limits prohibited
	197	Repealed
	198	Election expenses limit for registered political parties
	199	Election expenses limit for candidates
	200	Constituency association expenses on behalf of candidate
	201	Political party expenses on behalf of candidate
	202	New limits if by-election cancelled by general election
	203	Expenses not to be included in calculating amounts subject to limit
	204	Limits and adjustment to reflect changes in consumer price index
	205	Transfer of candidate's surplus election funds
	Division 6 — Reporting
	206	Reporting of information regarding political contributions
	207	Annual financial reports by registered political parties and constituency associations
	208	Personal expenses reports by candidates and leadership contestants
	209	Election financing reports by candidates
	210	Election financing reports by registered political parties and constituency associations
	211	Leadership contestant financing reports
	212	Supplementary reports
	213	General requirements for reports
	214	Auditing of reports
	215	Publication of election financing summary
	Division 7 — Penalties for Failure to Comply
	216	Publication of failure to comply
	217	Candidate who incurs election expenses over limit
	218	Political party that incurs election expenses over limit
	219	Court order for relief from election expenses limits
	220	Late filing of required reports
	221	Candidate who fails to file election financing report
	222	Leadership contestant who fails to file contestant financing report
	223	Deregistration of political party or constituency association for failure to file financial reports
	224	Deregistration of political party for failure of candidates to file election financing reports
	225	Court order for relief from filing obligations
	226	False or misleading reports in relation to candidates and leadership contestants
	227	False or misleading reports in relation to political parties and constituency associations
Part 11 — Election Communications
	Division 1 — General
	228	Election advertising
	228.1	Tenant and strata election advertising
	229	Sponsorship of election advertising
	230	No indirect sponsorship of election advertising
	231	Election advertising must identify sponsor
	232	Restriction on rates charged for election advertising
	233	Prohibition against certain election advertising on general voting day
	233.1	Prohibition against transmitting new poll results on general voting day
	234	Restriction on election campaigning near election offices and voting places
	235	Repealed
	Division 2 — Election Advertising Limits
	235.1	Third party advertising limits
	235.2	Penalties for exceeding third party advertising limit
	235.3	Court order for relief from advertising limit
	236–238	Repealed
	Division 3 — Registration of Sponsors
	239	Election advertising sponsors must be registered
	240	Registration with chief electoral officer
	241	Obligations of registered sponsor
	242	Voluntary deregistration
	243	Reregistration
	Division 4 — Disclosure of Independent Election Advertising
	244	Independent sponsors must file disclosure reports
	245	Contents of disclosure report
	246	Late filing of reports
	247	Failure to file reports
	248	Court order for relief from filing obligations
	249	Obligation to maintain records
	250	Information to be open to the public
Part 12 — Offences
	251	Penalties under this Part are in addition to any others
	252	Prosecution of offences
	253	Prosecution of organizations and their directors and agents
	254	Defence of due diligence
	255	Vote buying
	256	Intimidation
	257	Corrupt voting
	258	Subversion of election by an official
	259	Offences in relation to candidates
	260	Offences in relation to ballots and other election materials
	261	Offences in relation to voting and counting proceedings
	262	Offences in relation to the registration of political parties and constituency associations
	263	Offences in relation to election financing
	264	Offences in relation to election advertising and other promotion
	265	Offences in relation to election and other officials
	266	Offences in relation to false or misleading information
	267	Offence in relation to use of information
Part 13 — General
	268	Declarations required under this Act
	269	Exceptional assistance for signature or translation
	270	Public notice requirements
	271	Filing documents with chief electoral officer
	272	Adjournment of election proceedings
	273	Keeping peace and order at election proceedings
	274	Proof that an individual has voted
	275	Access to and use of information in records
	276	Investigations and audits by chief electoral officer
	277	Complaints regarding contraventions of this Act
	278	Enforcement of election expenses penalties
	279	Enforcement of Act by court injunction
	280	Emergencies and other extraordinary circumstances
	281	Test of new election procedures in a by-election
	282	Plebiscites on matters of public concern
	283	Regulations of the chief electoral officer
Schedule

Election Act

[RSBC 1996] CHAPTER 106