candidate has been signed in his or their presence, or that the person named as candidate is absent from the Yukon Territory, as the case may be. 2. Such oath may be in the form G in the schedule to this Form of oath. Act; and the fact of its having been taken shall be stated on the back of the said nomination paper. acclamation. 20. Whenever only one candidate has been nominated Return by within the time fixed for that purpose, the returning officer shall make his return to the Clerk of the Crown in Chancery that such candidate is duly elected for the said electoral district,--of which return he shall send within forty-eight hours a duplicate or certified copy to the person elected; and such return shall be in the form H in the schedule to this Act. 21. The returning officer shall accompany his return to Report with the Clerk of the Crown in Chancery with a report of his pro- return. ceedings and of any nomination proposed and rejected for non-compliance with the requirements of this Act. of candidate. 22. Any candidate nominated may withdraw at any time Withdrawal after his nomination, and before the closing of the poll, by filing with the returning officer a declaration in writing to that effect, signed by himself; and any votes cast for the candidate who has so withdrawn shall be null and void; and Return if only if, after the withdrawal, there remains but one candidate only remains. where one member is to be elected, at the election then pending, then the returning officer shall return as duly elected the candidate so remaining, without waiting for the day fixed for holding the poll, or for the closing of the poll if such withdrawal is filed on the polling day. one candidate 23. If at the time fixed for receiving nominations there When poll remain more than one candidate, the returning officer shall may be grant a poll for taking the votes of the electors. granted. 24. As soon as the time for receiving nominations has Delivery of elapsed, or at any time thereafter, the returning officer, if certified list. required, shall deliver gratis to every candidate, or to the person who filed the nomination paper on his behalf, a certified list of the candidates nominated. established. 25. Immediately upon the receipt by the returning officer Polling subof the writ for the election, the returning officer shall sub- divisions to be divide the electoral district into as many polling divisions as he deems necessary for the convenience of the electors; and he shall number or otherwise designate them, and fix upon a suitable polling station in each such division. 2. Each such polling division shall include not more than Number of two hundred, and not less than twenty-five, qualified voters. voters in each VOL. I-12 177 26. When poll shall be held. Publication. Proclamation if poll is granted. Appointment of enumerators. Oath of office to be taken. Notice by enumerator. List of voters to be prepared. 26. Whenever a poll has been granted it shall be held on the twenty-eighth day next after the expiration of the day fixed for the nomination of candidates, that is on the same or corresponding day of the week as that on which the nomination has taken place, or if such twenty-eighth day is a statutory holiday, then on the next following day not being a Sunday or a statutory holiday. 2. A proclamation of the granting of such poll shall be published for at least two weeks immediately preceding the holding of such poll in the newspapers and by posting up as provided in section 15 of this Act. 27. Immediately after having granted a poll, the returning officer shall cause to be posted up at all places where he has fixed polling booths for the taking of the votes at the election, and in four other of the most conspicuous places in each polling division, an election notice in the form I in the schedule to this Act. 28. Immediately upon receipt of the writ the returning officer shall notify the chief justice of the Territorial Court of its receipt, or, if there be no chief justice, the senior judge of the court, or if the chief justice or the senior judge, as the case may be, is, by reason of illness or absence from the territory, or other cause, unable to act, the senior puisné judge or the judge in seniority, as the case may be, and the chief justice or judge so notified, shall forthwith appoint an enumerator in each polling subdivision to make a list of electors for such polling subdivision. 2. The enumerator shall, before acting as such, take the oath of office in the form J in the schedule to this Act. 3. The enumerator, forthwith after taking the said oath, shall post up, in six of the most public places within each polling division, a notice that he has been appointed enumerator for the polling division and that he will proceed forthwith to compile, and within thirty days will complete, the voters' list for the polling division, and designating the office or place where he may in the meantime be found, and the hours during which he will attend at such office on each lawful day, which shall begin not later than ten o'clock in the forenoon, and end not earlier than four o'clock in the afternoon each day. 29. Each such enumerator, upon his appointment and having first taken the oath of office, shall immediately thereafter compile a list of the persons qualified as electors to vote at the election then pending, for the polling division or each of the polling divisions for which he has been appointed; and he shall make three plainly written copies thereof, with the names of the voters alphabetically arranged, giving the occupation and residence of each voter, in the form K in the schedule to this Act. may be placed on list. 2. In the compilation of such list the enumerator may only What names enter thereon the names of such person or persons as are, by statutory declaration filed with him, declared, by such person or some agent having a personal knowledge of the facts declared to, to possess the qualifications necessary to entitle to vote under the provisions of this Act. 30. Each enumerator shall complete, date at his place of List to be completed and residence, and sign the copies of the voters' list or lists as afore- posted up. said, fifteen days before the polling day; two of the said copies for each polling division he shall forthwith post up in two of the most public places within such polling division, and the other he shall retain for revision. 31. If any enumerator, at any time after posting up any Correction of voters' list, and seven days before the polling day, is fully satis- list of voters. fied, from representations made to him by any credible person, that the name of any qualified voter has been omitted from the voters' list of the polling division to which such voter belongs, he shall add such name to the copy of the list in his possession below his own signature, and shall attest such addition by his initials; if the enumerator, in like manner, is fully satisfied that there is on the list the name of any person who is not qualified as a voter in such polling division, he may draw erasing lines through such name, and write his own initials opposite thereto in the column for "remarks"; and if the enumerator finds the occupation, addition or residence of any voter to be inaccurately stated in the list, he may make the necessary alteration and affix his initials thereto in like manner. 32. Every enumerator, having revised and corrected such Attestation of retained copy of each voters' list compiled by him, if he list of voters. deems such correction necessary, as provided in the next preceding section, shall write at the foot of such copy and close to the last name thereon, two days before the polling day, a certificate in the form of the second certificate contained in form K in the schedule to this Act. 33. The enumerator shall deliver the voters' list so certi- List to be fied forthwith, or before eight o'clock in the morning of the delivered to deputy polling day, to the deputy returning officer for the polling returning division to which it relates; and such list, as received by such deputy returning officer, shall be the voters' list for such poll ing division, subject to be further corrected on the polling day as hereinafter provided. officer. 34. The returning officer shall cause to be posted up with Notice to be the election notice, a notice of information to electors in the posted up. form L in the schedule to this Act. VOL. I-121 179 35. Appointment of deputy returning officers. Oath of office to be taken. Poll books and notices. 1900, c. 12. Appointment of poll clerk. Posting of notice. Administra to electors. 35. The returning officer shall, by a commission under his hand, appoint one deputy returning officer for each polling division comprised in the electoral district; but if the returning officer sees fit to act in the capacity of deputy returning officer for any polling division, he may dispense with appointing a deputy for such division and himself perform the duties of deputy returning officer therein, without taking any oath of office other than that which he is herein before required to take. 36. Every deputy returning officer shall, before acting as such, take an oath of office in the form M in the schedule to this Act. 37. The returning officer shall furnish each deputy returning officer with a poll book, which shall be in the form S in schedule one to The Dominion Elections Act, 1900, and with at least five copies of the notice, in the form L in the schedule to this Act, for the information of electors. 38. Each deputy returning officer shall forthwith appoint by commission under his hand a poll clerk, who before acting as such shall take the oath in the form N in the schedule to this Act. 39. The deputy returning officer shall post up on the polling day before nine o'clock in the forenoon, in conspicuous places near the polling station, at least three copies of the notice, in the form L in the schedule to this Act, for the information of electors. 40. Every deputy returning officer may and shall, when tion of oaths he is required so to do by any candidate or agent of a candidate, administer to any elector either one or both of the oaths set forth in form O in the schedule to this Act. Elector refusing to be sworn. What voters may vote. As to votes of certain officers and agents. 41. In case any person whose name is on the list refuses to take either of the said oaths, erasing lines shall be drawn through his name on the voters' list, and the words "refused to be sworn" written thereafter; and any person whose name is so erased shall not be permitted to vote at the said election. 42. Every voter shall be entitled to vote whose name is on the voters' list and has not been erased therefrom in accordance with the foregoing provisions of this Act. 43. Any deputy returning officer, candidate, agent or poll clerk, who belongs to a polling division other than the one at which he is stationed on the polling day, shall be permitted to vote at the polling station where he is so stationed, provided he produces a certificate from the enumerator of the polling division to which he belongs, that he is a qualified voter in such polling division,-which certificate such enumerator shall give gratis to any qualified elector who is so stationed outside of his own polling division. 44. In case any vote is recorded as provided in the next Entry in such preceding section, in a different polling division from that in case. which the voter resides, the particular office or position which the voter is filling at the station at which he voted shall be entered opposite his name in the poll book in the column for "remarks." returning 45. If the deputy returning officer is unable or fails to Poll clerk to perform his duties, the poll clerk shall act in his place without act as deputy taking any further oath of office, and he shall appoint another officer in case poll clerk who shall take the oath of office as such herein before of need. prescribed. list of voters. 46. The poll clerk shall make such additions, alterations, Correction of and erasures in the voters' list, and such entries in the poll book as the deputy returning officer directs him to make, as is required by any provision of this Act. 47. The returning officer shall forward to each of the Copies for respective candidates a copy of his return to the Clerk of the candidates. Crown in Chancery. written or 48. The notices required to be posted up at any election Proclamation, under this Act, the poll books and all other documents herein etc., may be mentioned, may either be printed or written, or partly printed printed. and partly written. 49. One copy of this Act, and of such portions of The Instructions Dominion Elections Act, 1900, as are hereinafter or by any for re returning other Act incorporated with this Act,. and of such instruc- deputies. tions, approved by the Governor in Council, as are necessary to carry out the elections according to the provisions of this Act (with a copious alphabetical index prefixed) for the returning officer, and one for each of his deputies, shall be transmitted, with the writ of election, to each returning officer. final revision. 50. The application for a recount or final addition provided Application for by section 90 of The Dominion Elections Act, 1900, shall for recount or be made to any judge of the Territorial Court, and the application provided for by section 91 of the said Act shall be made to the said court in banco. less than a 51. Except as hereinafter provided, it shall not be necessary New lists not to prepare new voters' lists for the purpose of any election to necessary if be held under this Act, when there has been in the said elec- year between toral district a previous election the voters' lists prepared for elections. which 181 |