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The Pamphlet Collection of Sir Robert Stout: Volume 47

House of Commons Elections

House of Commons Elections.

Chap. 6—Amends the Election Law. The use of an envelope for ballots is done away with. A counterfoil is provided. On the ballot paper the names, &c., of the candidates as described in the nomination papers alphabetically arranged, are printed at the left hand. The names are divided by lines, and the mark of the voter made in the division in which the name of a candidate is thus placed, renders his page 77 vote valid for that candidate. The D. R. O., when giving the voter his ballot, puts his initials on its back and a number on the counterfoil corresponding with the number against the voter's name in the list After marking his ballot, the voter folds it so that the initials of the D. R. O., can be seen on the back—and hands it to the D. R. O., who tears off the counterfoil and destroys it, and puts the ballot in the box in the presence of the elector. The D. R. O., is to instruct the voter how he is to mark and return his ballot, without, however, directing or inquiring as to the name of the candidate for whom he is to vote. Any voter showing his ballot paper marked, or allows the candidate for whom he votes to be known, or any person inducing a voter to do so, forfeits $200. But a person who cannot mark his own paper, through blindness, or other physical incapacity, or inability to read, and swears to the fact, may have his paper marked for him by the D. R. O., who must enter the fact in the list opposite his name. If any candidate is absent and unrepresented at the opening of the box and counting the ballots three voters must be present. Agents authorized in writing are always entitled to represent a candidate in preference to voters without written authority. The spoiled and unused ballots must be packed up and returned, as well as those used in voting. The R. O., must make his return to the C. C. in C-six days after his verification of the returns of the D. R. O. unless meantime he is served with notice of a recount before a judge. Upon affidavit of any credible witness that there is reason to believe that any ballots have been improperly counted or rejected, a deposit of $100 for costs being first made, a County or Superior Court Judge, usually doing Judicial duty in or for the electoral district, may issue an order to the Returning Officer and election clerk to bring the ballots before him, and within four days, having given notice to the candidates, proceeds to recount the ballots and make the final addition. Both candidates or their agents or three voters must be present. The Judge must examine the used and counted ballot papers, those rejected, and those spoiled, and no others. He proceeds day by day continuously, Sundays, the time for necessary refreshment, and the nights between 6 P.M., and 9 A.M. excepted. He re-seals the packages and makes his return to the R. O., who, in case of an equality of votes, may, still give the casting vote. And he then proceeds to complete his return with the certificate of the Judge. In case of any trial for corrupt practices, &c., if the Court requires it the C. of C. in C. may produce the ballots or other papers, and deposit them with the Clerk or Registrar, taking a receipt. The Returning Officers are not now furnished with extracts from Provincial laws affecting the franchise, &c.