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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Election Act

[RSBC 1996] CHAPTER 106

Part 3 — Calling an Election

Order for a general election

24  (1) For a general election to be held, the Lieutenant Governor in Council must issue an order under this section that

(a) directs the chief electoral officer to issue writs of election for all electoral districts,

(b) sets the date of issue for the writs of election, which must be the same for all writs,

(c) specifies the general voting day for the election in accordance with section 27, and

(d) directs that the writs of election be returned in accordance with this Act.

(2) If a general election is called before general voting day for a by-election that is in progress, the by-election is cancelled and the election for that electoral district is to take place as part of the general election.

Order for a by-election

25  (1) On receiving a warrant under the Constitution Act for a by-election, the chief electoral officer must notify the Lieutenant Governor in Council for the purposes of allowing the writ of election to be issued within the time limit established by that Act.

(2) For a by-election to be held, the Lieutenant Governor in Council must issue an order that

(a) directs the chief electoral officer to issue a writ of election for the electoral district,

(b) sets the date of issue for the writ of election,

(c) specifies the general voting day for the election in accordance with section 27, and

(d) directs that the writ of election be returned in accordance with this Act.

Election called when writ of election issued

26  (1) On receiving an order of the Lieutenant Governor in Council under section 24 or 25, the chief electoral officer must

(a) issue the writ or writs of election in accordance with the order,

(b) transmit each writ to the district electoral officer to whom it is addressed, and

(c) arrange for the writ or writs to be published in the Gazette.

(2) A writ of election must be in Form 1 as set out in the Schedule to this Act and must include the following:

(a) the dates for the start and end of the nomination period for nominations under section 56;

(b) the date of general voting day for the election;

(c) the day for the return of the writ, being the date on or before which the district electoral officer is to certify to the chief electoral officer the name of the individual elected as member of the Legislative Assembly.

(3) For the purposes of this Act, an election is called when the writ for the election is issued in accordance with the applicable order of the Lieutenant Governor in Council under section 24 or 25.

General voting day

27  (1) General voting day for an election is the 28th day after the date on which the election is called.

(2) As an exception if the date under subsection (1) would fall on a holiday, general voting day is the next day that is not a holiday.

Notice of election

28  (1) Within 8 days after an election is called, the chief electoral officer must publish or direct the district electoral officer to publish a notice of election in accordance with section 270.

(2) The notice of election must include the following:

(a) the dates, times and places at which nominations will be received by the district electoral officer during the nomination period;

(b) how interested individuals can obtain information on the requirements and procedures for making a nomination;

(c) the dates and voting hours for general voting and advance voting, in the event that an election by voting is required;

(d) any other information the chief electoral officer considers should be included.

(3) The notice of election must also be posted in the office of the district electoral officer throughout the nomination period.

(4) The chief electoral officer may direct or authorize the district electoral officer to provide for additional notice of the election to be given to the public.

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