^*Under the M’Chigeeng First Nation Custom Election Code

Interpretation

1.        (1) The defined terms set out in the M’Chigeeng First Nation Custom Election Code apply to the interpretation of this regulation, except as expressly noted otherwise.

(2)        In this regulation,

“code” means the M’Chigeeng First Nation Custom Election Code

“double-sealed ballot” means a ballot deposited in a sealed envelope marked “ballot” which envelope is placed inside a second sealed envelope which is, in turn, marked on the outside with the name of the voter 

Part 1 –  Election Procedures

Division 1 – Timelines

General Election Timelines

2.       (1)  The council must appoint an electoral officer and an election appeal committee at least six months before the expiration of the term of office. 

(2)        The electoral officer must

(a)        obtain a list of members’ names, band numbers, dates of birth and most recent addresses from the Membership Register and, no later than 138 days prior to the election date, compile a list of eligible voters,

(b)        no later than 78 days prior to the election date, send by mail to all off-reserve members:

(i)         notice of the upcoming election and the election date,

(ii)        a notice of registration and directions on how to register to participate in the election process, and

(iii)       a nomination form and directions on how to nominate a candidate, including the date by which written nominations must be received by the electoral officer,

(c)        no later than 64 days before the election date, compile a registered voters list consisting of eligible on-reserve members and those eligible off-reserve members who have registered to participate,

(d)        no later than 63 days before the election date, provide notice of the scheduled nomination meeting to on-reserve members by posting notices on reserve property,

(e)        no later than 30 days before the election date, mail out ballots to registered off-reserve voters, and

(f)        no later than 5 days before the election date, provide for one or more advance polls.

By-election Timelines

3.       An election timeline may be established by an election appeal committee in respect of a by-election, but must provide for mail out ballots to be sent to registered off-reserve voters no later than 30 days before the election date. 

Division 2 – Registration

Voter Registration

4.       (1)  The most recent address listed on the Membership Register at the time of compilation of the eligible voters list will be determinative of whether a member has on-reserve or off-reserve status for purposes of an election.

(2)        The electoral officer must include on the registered voters list

(a)        all eligible on-reserve voters,

(b)        all eligible off-reserve voters who return by mail a notice of registration or otherwise provide, in a manner satisfactory to the electoral officer, notice of desire to be registered, and

(c)        any person who, prior to close of poll, provides the electoral officer with satisfactory evidence of membership and age and declares a desire to vote. 

Late Registration by Off-Reserve Voter

5.       (1)  If an eligible off-reserve voter returns his or her registration card or otherwise provides, in a form satisfactory to the electoral officer, notice of desire to be registered after the 30 day time for mail out of ballots has passed, but less than seven days before the election date, the electoral officer must register the voter and mail out a mail ballot package out to that voter as soon as reasonably possible. 

(2)        A mail ballot package sent out under subsection (1) need only be sent by regular mail.

(3)        A ballot sent out under subsection (1) must be returned by the same date set for return of other mail ballots in order to be counted as a ballot cast.

Ballot of Unregistered Person

6.       (1)  If an unregistered person attends at the poll, and is unable to provide satisfactory evidence of membership and age before close of poll, the electoral officer may permit the person to mark a ballot, double-seal the ballot, and refer the question of eligibility to the election appeal committee under section 35(1) of the code. 

(2)        Where a person marks a ballot under subsection (1), the double-sealed ballot must be kept separate from the ballots cast by registered voters pending a decision by the election appeal committee.

Division 3 – Nominations

Nomination Meeting

7.       (1)  The electoral officer must schedule and conduct at least one nomination meeting.

(2)        Nomination meetings must be held no later than 42 days before the election date and no earlier than the day after the last day set for acceptance of written nominations.

Nomination Procedure

8.       (1)  A nomination must specify whether the nomination is for the position of chief or the position of councillor.

(2)        Nominations must be proposed and seconded.

(3)        Nominations may be made in person at a nomination meeting or by nomination form delivered to the electoral officer by the date set for acceptance of written nominations.

(4)        Written nominations, including the name of the proposing member, must be read aloud by the electoral officer at the outset of a nomination meeting.

(5)        In the event the same nominee is nominated by two or more written nominations, the earliest dated written nomination will be deemed a proposal and the next earliest will be deemed to second the proposal. 

Acceptance of Nomination

9.       (1)  A nomination must be accepted by a nominee in order for the nominee to become a candidate.

(2)        A nominee may only accept one nomination in respect of an election.

(3)        A nominee may accept a nomination in person at a nomination meeting or by signed written notice delivered to the electoral officer within seven days of the nomination meeting.

Criminal Record Check

10.   (1)  Where a candidate has resided in more than one jurisdiction, the electoral officer must require the candidate to file a criminal record check in respect of each jurisdiction.

(2)        A criminal record check must include the period of time up to and including a candidate’s date of nomination. 

Filing of Criminal Record Check

11.   (1)  A candidate must file with the electoral officer, no later than 28 days before the election date,

(a)        the criminal record check or checks required by the electoral officer, or

(b)        if not yet in possession of a required check, with evidence, in a form satisfactory to the electoral officer, that a request was submitted to the proper authority in a timely manner.

(2)        A candidate who files evidence of a request under subsection (1)(b) must, within 14 days of the election date, file

(a)        the criminal record check, or

(b)        if due to circumstances beyond the control of the candidate, the check is not yet available, a statutory declaration setting out his or her criminal record.

(3)        A candidate who files a statutory declaration under subsection (2)(b) must file the criminal record check as soon as possible. 

(4)        The electoral officer may waive the subsection (3) filing requirement if satisfied that the candidate’s continuing inability to file is due to exceptional circumstances such as war, political unrest or state of emergency in the jurisdiction in question.

(5)        Subject to a waiver granted under subsection (4), a candidate who fails to comply with this provision must be disqualified from candidacy.

Division 4 – Campaigning

Prohibition on Day of Poll

12.   (1)  For purposes of this section, “active campaigning” means active solicitation and includes the transport of advertisements and banners, but does not include stationary advertisements and banners.

(2)        Active campaigning in the immediate vicinity of a polling station on a day of poll is prohibited.

(3)        The electoral officer is authorised to temporarily seize documents, equipment or other materials being used or displayed in contravention of subsection (2).

Division 5 – Ballots and Election Forms

Use of Mail

13.   (1)  If a vote is conducted in part by mail, then for purposes of the code and this regulation, the mail out of notices, ballots or other communications, is deemed to take place on the day that the papers are left with a post office for mail out and, if papers are left on more than one day, on the last of those days.

(2)        A notice, ballot, or other communication sent by mail to a member at the address listed on the Membership Register at the time of compilation of the eligible voters list is deemed to have been received by the addressee in the ordinary course of mail, unless the member has provided the electoral officer with a more recent address.

Form and Content of Mail Ballot

14.   A mail ballot must be sent out in a package containing the following information and materials

(a)        a ballot,

(b)        a letter setting out information regarding the vote, including

(i)         the name and contact information of the electoral officer, and the internet address of the official M’Chigeeng First Nation website,

(ii)        instructions for voting, including how to obtain information relating to candidate withdrawals, disqualifications and criminal records, and

(iii)       the date by which the ballot must be returned in order to be counted as a ballot cast,

(c)        a blank envelope with the word “ballot” printed on it, and

(d)        an addressed return envelope for return of the ballot containing a voter declaration form requiring the voter’s name, band number and signature.

Part 2 –  Counting of Votes

Late Mail Ballots

15.   (1)  Mail ballots received after the date set for return of mail ballots must be rejected by the electoral officer.

Reviewing Mail Return Envelopes

16.   The electoral officer must reject a mail ballot if, on inspection of the return envelope,

(a)        the voter declaration form is incomplete,

(b)        the name and number of the voter are not on the registered voters list, or

(c)        the record of ballots issued indicates the voter has already cast a ballot.

Bringing Together of Ballots

17.   As soon as is reasonably possible after the close of polls, the electoral officer must

(a)        retrieve any advance poll ballot boxes from safekeeping and add them to the boxes from the other polling stations, and

(b)        in sight of any candidate or candidate’s agent present, but in a manner that ensures the secrecy of the content of the ballot,

(i)         for any double-sealed ballot the counting of which has been directed by the elections appeal committee under section 35(1) of the code, remove the ballot from its envelopes and deposit it into a ballot box, and

(ii)        for any mail ballot accepted on review under section 15, remove the ballot from its envelopes and deposit it into a ballot box.

Counting Ballots

18.   As soon as is reasonably possible, the electoral officer must, in sight of any candidate or candidate’s agent present, open all ballot boxes and

(a)        review all the ballots and reject any ballot that

(i)         lacks an authentication mark,

(ii)        has not been marked by the voter,

(iii)       has been marked by the voter with a mark other than an “X”, except where the voter has, in the opinion of the electoral officer, clearly indicated an intention, in which case the electoral officer may declare the ballot not rejected,

(iv)       contain votes for more candidates than are to be elected, or

(v)        in any way identifies the voter,

(b)        declare a ballot containing the names of candidates for more than one office, on which votes are given for more candidates for any office than are to be elected, to be void as regards all the candidates for such office; but such ballot shall be good as regards the votes for any other offices in respect of which the voter has not voted for more candidates than are to be elected,

(c)        make note of any objection raised by a candidate or candidate’s agent with respect to any ballot and make a determination regarding the objection,

(d)        number any such objection and place a corresponding number on the back of the ballot, along with the word “allowed” or “disallowed”, as the case may be, and initial that ballot,

(e)        from the ballots not rejected or declared void under paragraph (b), count the votes given for each candidate that did not withdraw and was not disqualified before the close of polls; and

(f)        prepare a return of poll.

Return of Poll

19.   (1)  A return of poll must indicate the results of the vote including the total number of ballots cast, and the number of votes for each candidate and the number of ballots rejected.

(2)        Where a vote is held simultaneously for the positions of chief and councillors, the return of poll must separately record the results of the vote for chief and the results of the vote for councillors.

(3)        Where a candidate is acclaimed to a position, the return of poll must specifically so indicate.

(4)        A return of poll must be signed by the electoral officer.

Part 3 – Post-Election Matters

Publication of Election Results

20.   (1)  The results of the election, as set out in the return of poll, must be published to the members immediately after the electoral officer files copies of the return of poll.

(2)        The results of the election may be published by posting on the official M’Chigeeng First Nation website, at the administration office, and at the M’Chigeeng Community Complex.

Application for Recount

21.   (1)  An application for recount must be made in writing to the election appeal committee.

(2)        An application for recount must indicate whether the recount is being requested in respect of the position of chief or in respect of the councillors.

(3)        An application for recount must be accompanied by a certified money order or bank draft in the amount of two hundred (200) dollars.

Complaints

22.   (1)  A complaint alleging a contravention of the code or regulations must be made in writing to the election appeal committee.

(2)        A complaint must

(a)        include the name and contact number of the complainant,

(b)        set out the facts relating to the alleged contravention, including dates, witnesses and persons involved, and

(c)        describe how the facts alleged amount to a contravention of the code or regulations.

Statement of Inquiry

23.   (1)  If the election appeal committee resolves to hold an inquiry, it must first publish to the membership a statement outlining the alleged facts and how the code or regulations may have been contravened.

(2)        The committee must provide a copy of the statement of inquiry to any individual directly affected by the matter. 

(3)        For the purposes of this section, a statement of inquiry may be published to the membership by posting a copy of the statement in the administration office.

Part 4 –  Electoral Officer 

Duties of Electoral Officer

24.   (1)  Subject to the code and this regulation, the electoral officer must

(a)        set the date, time and place or places for taking a vote and ensure that every person eligible to vote has a reasonable opportunity to do so,

(b)        compile a list of eligible voters,

(c)        compile a list of registered voters,

(d)        compile a list of candidates,

(e)        set the form of the ballot,

(f)        fix the number and location of polling places, each of which must contain private polling booths or private spaces for voting,

(g)        provide for at least one advance poll to be held on the M’Chigeeng First Nation reserve,

(h)        make arrangements for security and order in and around the polling areas,

(i)         keep a record of the persons to whom ballots are issued,

(j)         mark all ballots, including mail ballots, by hand-written initial or otherwise, in manner that will permit reliable authentication of cast ballots,

(k)        safekeep all ballots cast pending the close of poll,

(l)         at the close of poll, but prior to any counting of ballots, refer any double-sealed ballots to the election appeal committee for directions under section 35(1) of the code,

(m)       ensure that all ballots properly cast are included in the counting of the vote,

(n)        supervise the counting and recounting of ballots,

(o)        immediately upon completion of a count or recount, and with the candidates or candidates’ agents, if any, present, prepare a return of poll form and sign it,

(p)        immediately upon completion of the return of poll form, file signed copies of the return of poll with the administration office, the council, and the election appeal committee,

(q)        preserve all documents relating to the vote, including all ballots and the original return of poll, until all relevant appeals or appeal periods, including judicial review and appellate court applications, are completed or expired, and

(r)        upon completion the expiry of all relevant appeals and appeal periods, file the original return of poll with the administration office and destroy the documents relating to the vote.

(2)        The electoral officer may appoint a deputy electoral officer and may delegate the performance of administrative tasks and functions to the deputy electoral officer.