The Pamphlet Collection of Sir Robert Stout: Volume 47

Voters' Lists

Voters' Lists.

Chap. 21.—Voters' Lists, when finally certified by the County Judge, are final and conclusive evidence upon a scrutiny, of the right to vote of the persons named therein, except persons guilty of corrupt practices, those who have lost the right by non-residence, persons who being assessed upon income only have not paid the tax, and then disqualified by reason of office, fees or sex. But voters' lists founded on the assessment of 1877 may still be revised under the 8th section of the Voters' Lists Act, notwithstanding any previous revision,—a judgment already rendered with respect to any voter or claimant being nevertheless conclusive. Notice of complaint was to be given before 15th May, 1877, and then proceedings had upon section nine of the Voters' Lists Act. Any list under the 1877 assessment so corrected and certified is to be used at the next election if transmitted or delivered to the Clerk of the Peace before the date of the election writ. Future voters' lists are to be revised and certified within two mos. after the last day for receiving complaints. Farmers' sons are to be assessed and entered on the roll unless they instruct the assessor not to enter them, and any voter may have their names added unless their dissent is shown. Any voter or his agent is to be granted all reasonable facilities for examination and taking extracts from the rolls, notices, complaints or other documents relating to the voters' lists A County Judge may state a case upon any question which has arisen or is likely to arise under the Voters' List Act and transmit it to the L. G. in C., who submits it to the Court of Appeals or a judge of that Court. The L. G. in C. may also refer such a case proprio motû. The Court or Judge appoints a time and place for hearing arguments if any are to be offered—after hearing he decides the case and certifies his decision to the L. G. in C. who causes it to be published in the Ontario Gazette, and a copy is sent to the County Judge. Any voter may also move the Court to decide such a question; and the Court may, in its discretion, comply, after exacting a deposit for costs and notice to be given to such party as it thinks necessary. The Clerk of the Peace or municipality must deliver lists to a Returning Officer in four days after application for them. In case of a recount the R. O. produces the ballots' and remains in custody of them, subject to the orders of the judge. A person improperly inserting, or omitting, or procuring the illegal insertion or omission of names, in making up the assessment roll, with intent to give or take away votes, is liable to a penalty of $200 and imprisonment till paid or imprisonment for 6 mos. or both. Fees, payable by the municipality, are allowed to the clerk for his service at revision (unless his salary is calculated expressly to include such services) and to the constable.