METIS NATION OF SASKATCHEWAN
ELECTION REGULATIONS

GENERAL APPLICATION
ELECTION OFFICERS
ELECTORAL LIST
CANDIDATES
ELECTION POLLS
BALLOTS
VOTING
POLL BOOK
COUNTS
APPEALS

GENERAL APPLICATION

1. These regulations apply to general elections and by-elections.

ELECTION OFFICERS

2. Qualifications of Election Officers
2.1. All election officers must meet the requirements of Eligibility and Code of Ethics as set out in the Metis Nation of Saskatchewan Election Act.
2.2. Election officers must not have been convicted of an indictable offence within five (5) years prior to the Election Proclamation.
2.2.1. The Chief Electoral Officer shall recommend to the Metis Election Commission appointments for all election officers based on the recommendations of the Local. The Chief Electoral Officer shall supervise and appoint for each Local where a polling station is established a Deputy Returning Officer and a Poll Clerk.
2.2.2. Deputy Returning Officers and Poll Clerks
2.2.2.1. A person appointed as either a Deputy Returning Officer or a Poll Clerk shall hold office from the time appointed until thirty (30) days after the election or by-election.
2.2.2.2. Deputy Returning Officers and Poll Clerks shall be paid at a remuneration rate as set out by the Metis Elections Commission and approved by Metis Nation of Saskatchewan.

ELECTORAL LIST

3. Qualification of Electors
3.1. In order to participate in an election, the participant shall meet the Eligibility requirements as set out in the Election Act.
3.2. An elector shall have only one place of residence for purposes of these regulations. If a participant claims to have two or more residences, then for the purposes of these regulations, he/she must select and declare to the Chief Electoral Officer one of the residences to be his/her actual residence.
3.3. An elector is entitled to only one vote for each office for which an election is held.
3.4. An elector must be listed on the Electoral List on Election Day in order to participate in the election.

4. Revision Procedures
4.1. The Chief Electoral Officer will forward to the Local Presidents a temporary Electoral List which is compiled from the Metis Local membership lists on file at the Metis Nation of Saskatchewan Registry Office. The Local Presidents will be responsible for submitting to the Chief Electoral Officer the names and contact information of any new members and striking the names of members who have since deceased or transferred from their Local registry.
4.2. The Chief Electoral Officer will revise the temporary Electoral List and ensure that the revised Electoral List is posted in a public place in each Local community.
4.3. Members will be responsible for verifying that their name is on the Electoral List.
4.4. An elector is responsible to transfer their Local membership to the Local where they are ordinarily resident, pursuant to the Election Act, Article 7.4.
4.5. If a member wishes to mover his/her name to the Electoral List of another Local to meet residency requirements and Article 4.4. above, the member shall make a written request to the Local President of the Local in their area of residency, carbon copying a letter to the President where they were originally registered. Or, an elector can request to have his/her name transferred from their Local Electoral List to an alternate Local Electoral List. These changes may be done by:
4.5.1. Writing to the Chief Electoral Officer and making such a request.
4.5.2. Including verification of residency with adequate documentation (drivers license, picture ID, Income Tax return from the most recent tax year); or
4.5.3. Stating that the elector will be away from the Local where they are registered and wishes to vote at another poll.
4.6. All requests for revision of the electoral list must be processed by the Chief Electoral Officer during the period of time set for revision of the Electoral List. No requests for revision will be accepted or processed on Election Day.

5. Distribution for Election Day
5.1. The Electoral List will identify members by the Local where they hold their membership. A copy of the Local list of members on the Electoral List will be distributed to each Local, to be posted by the election staff at the polling station for that Local.
5.2. Regional Electoral Lists will be compiled by the Chief Electoral Officer and be made available to all candidates in the election.

6. Verification
6.1. The membership lists on file at the Metis Nation of Saskatchewan Registry Office will be forwarded to the Local Presidents, for update of new or transferred memberships. The updated lists will then be used to develop the Electoral List.

CANDIDATES

7. Qualifications
7.1. Qualifications of candidates are subject to the requirements of the Election Act.

8. Nomination Procedures
8.1. Nominations of candidates for any elected position shall be filed with the Chief Electoral Officer not less than thirty (30) days prior to Election Day. Nominations may be received any time up to 5:00 o'clock in the afternoon thereof at such place and date as is appointed by the Chief Electoral Officer.
8.2. A nomination must comply with the requirements as set out in the Election Act.

9. Where No Candidates Nominated
9.1. In the event that no nominations of a candidate for a particular position is received by the Chief Electoral Officer, the Chief Electoral Officer shall then set an additional day for the receipt of additional nominations for the remaining positions. These nominations shall be received prior to 5:00 o'clock in the afternooon thereof at such place and date as is appointed by the Chief Electoral Officer.

10. Proceedings on Acclamation
10.1. Where the Chief Electoral Officer pursuant to the Election Act receives only one nomination of a candidate for a particular position, the Chief Electoral Officer shall declare that candidate whose nomination was received by the deadline set out herein as being elected.

11. Procedures at Polls
11.1. Within ten (10) days after the nomination deadline, the Chief Electoral Officer will have posted in each Regional Office and within each Local a notice showing:
11.1.1. The names of the candidates nominated and
11.1.2. The date and time and place where polls will be open for the taking of votes for the candidates nominated.

12. Withdrawals
12.1. Any candidate nominated for any particular office may tender a withdrawal in writing to the Chief Electoral Officer before 2:00 o'clock in the afternoon on the second day following the date for nomination deadline.
13. Scrutineers
13.1. Qualification of scrutineers shall be pursuant to the Election Act.
13.2. One scrutineer is allowed per candidate per polling station, pursuant to the Election Act.
13.3. Scrutineers are allowed to be in attendance during voting and at all ballot counts.

ELECTION POLLS

14. Qualification of Electors
14.1. The election officer shall immediately before the commencement of the poll, showe the ballot box to such persons as are present in the polling place so that they may see that it is empty and then shall lock the box and place his/her seal upon it in such a manner as to prevent it from being opened without breaking the seal and he/she shall place the box in plain view for the receipt of ballot papers and shall keep it locked and sealed during the hours of voting.
14.2. In the event that the ballot box leaves the polling station during the hours of voting, the ballot papers within the box shall be considered invalid.
14.3. For the purpose of these regulations, no polling station shall be established in a motorized vehicle such as automobiles, motor homes, trailers, buses, etc.
14.4. No polling place shall be established by the Chief Electoral Officer in premises in which a candidate has any legal interest or estate.
14.5. The polling place shall be accessible to disabled and handicapped persons.
14.6. Polling shall begin at 8:00 a.m. and close at 8:00 p.m. on election day.
14.7. Where a person claiming to be an elector presents him/herself at the polling station for the purpose of voting, the electoral staff shall proceed as follows:
14.7.1. Verify that the elector's name is on the Electoral List. A person who is not named on the Electoral List of that polling station is not entitled to case a vote.
14.7.2. If an elector wishes to be placed on the Electoral List of another Local, he/she may request to do so during the revision period for the Electoral List by doing the following:
14.7.2.1. During the revision period, an elector may make a request to the Chief Electoral Officer to vote at a polling station to which they are not listed on the Electoral List of that polling station.
14.7.2.2. The elector shall provide to the Chief Electoral Officer proper identification, such as a Metis membership card, a driver's license, a Saskatchewan Health Card, or picture identification and can state the name of the Local to which they are registered as a member.
14.7.2.3. The Chief Electoral Officer will verify that the elector is indeed on the Electoral List at the polling station stated by the elector.
14.7.2.4. The Chief Electoral Officer may authorize the transfer.
14.7.3. If the elector's name is on the Electoral List of that polling station, then the elector shall present his/her proper identification to the election officer for verification.
14.7.4. If all above requirements have been met, the election officer shall require the elector to sign his/her name opposite the place where it appears in the Poll Book maintained by the election officer.
14.7.5. The Election officer will explain to the elector as concisely as possible the way in which voting is to be done, including but not limited to the following:
14.7.5.1. That the elector may vote for only one candidate for each position;
14.7.5.2. That the elector should indicate his/her choice by making an “X” in the space beside the name of the candidate he/she supports;
14.7.5.3. That the elector must vote alone;
14.7.5.4. That the elector should fold the ballot paper across in the same manner as it was folded when delivered to him/her by the election officer so as to expose the initials of the election officer but to not expose the front of the ballot paper so as to indicate the candidate or candidates for whom he/she has voted.
14.7.5.5. Before allowing the elector to deposit their ballot paper in the ballot box, the election officer shall verify their own initials on the ballot paper and instruct the elector to deposit their ballot paper in the ballot box.
14.8. In the event there is more than one Local in a community, one polling centre will be established to accommodate all polling stations.

15. Code of Conduct
15.1. No person shall interfere with or attempt to interfere with an elector when marking his/her ballot paper or casting his/her vote or otherwise attempt to obtain at the polling station information as to the candidate or candidates for whom an elector is about to vote or has voted.
15.2. No campaign material, literature or activity shall be permitted within the polling station. For purposes of these regulations, campaigning activity includes the continued presence of the candidate or his/her representative but not the continued presence of the duly appointed scrutineer, and includes any activity intended to influence voting.

BALLOTS

16. Ballot Papers
16.1. Where a poll is established, the Chief Electoral Officer shall forthwith cause to be printed a sufficient number of ballot papers for the purposes of the election.

17. Contents of Ballot Papers
17.1. Every ballot paper shall contain the name of the duly nominated candidates which shall be arranged alphabetically in the order of their surnames and, if there are two or more candidates with the surnames, then in the order of their given names.
17.2. The ballot papers shall be in the form prescribed by the Chief Electoral Officer.

18. The Marking of Ballots
18.1. Upon receipt of a ballot paper by an election official, the elector shall forthwith proceed to the voting compartment provided for the purpose and shall there and then mark his/her ballot paper by placing a mark on the right hand side opposite the name of the candidate for whom he/she desires to vote.

19. Spoiled and Declined Ballots
19.1. Immediately after the closing of the poll, the election officer in the presence of all election officers and the scrutineers present, shall count the number of spoiled and declined ballots, place them in an envelope marked “Spoiled and Declined Ballots”, seal the envelope and endorse thereon the number of such ballots therein contained.

20. Ballots to be Rejected
20.1. The election officer shall reject any ballot that:
20.1.1 Has not been supplied by him/her and initialed;
20.1.2. Has not the symbol “X” marked thereon;
20.1.3. Has the symbol “X” marked opposite the names of more candidates than are to be elected;
20.1.4. Has the symbol “X” and some other figure set opposite the name of the candidate;
20.1.5. Does not show for which candidate the vote is given; or
20.1.6. Has any mark or writing made by the elector by which he/she may be identified.

21. Marks Allowed on the Ballot
21.1. A ballot paper is not invalid merely because the elector without any apparent intention of identification has marked his/her vote out of or partly out of its proper space if the mark clearly indicates the candidate for whom he/she evidently intended to vote or has marked the ballot paper with a form of a cross other than an “X” or the figure “1" or “V” or a check mark or any other mark clearly indicating an intent to vote for the candidate opposite whose name the mark is placed.
21.2. A ballot paper shall not be rejected merely because the elector without apparent intention of identification has marked his/her vote with a writing instrument other than the pencil provided for the purpose.

22. Disposition of Ballots
22.1. The Chief Electoral Officer shall retain all ballot papers received by him/her for one month following the Official count and then:
22.1.1. Unless he/she has received notice of an appeal as provided for herein; or
22.1.2. Unless he/she is otherwise directed by order of the Metis Elections Commission, or an order of a Court having jurisidiction served on him/her within thirty (30) days of the day on which the election was held, he/she shall then cause the ballots to be destroyed in the presence of two witnesses.
22.1.3. The Chief Electoral Officer and the witnesses shall jointly make a statutory declaration that they have witnessed the destruction of the paper and the declaration shall be retained by the Chief Electoral Officer.
22.1.4. A copy of the declaration shall be included in the in the final report tabled at the Metis Nation Legislative Assembly by the Metis Elections Commission.

VOTING

23. Voting Compartments and Materials
23.1. Election officers shall ensure that a proper compartment, in which the elector can mark his/her ballot screened from observation, is provided at each polling station.

24. Secrecy of Voting
24.1. While an elector is in the balloting compartment, no other person shall be allowed to enter the compartment or to be in any position from which he/she can observe the elector marking the ballot paper, unless the person marking his/her ballot paper requires assistance and is granted that assistance as provided herein.
24.2. Every election officer and scrutineer in attendance at a polling station, or at the counting of ballots or at both, shall maintain and aid in maintaining the secrecy of the voting.

25. Voting by Ballot
25.1. Where a poll is established by the Chief Electoral Officer for an election, the vote shall be given by secret ballot.

26. Persons Entitled to be Present
26.1. During the hours appointed for voting, no person is entitled or shall be permitted to be present in any polling place other than the election officers and scrutineers appointed pursuant to these regulations, the interpreter if any appointed, and such electors as are for the time being actually within the premises in which the polling place is situated, for the purpose of voting.

27. Forfeiture of Voting Right
27.1. Where a person leaves the polling place without first delivering his/her ballot paper to the election officer in the manner prescribed or returns it after declining to vote, he/she thereby forfeits his/her right to vote and the election officer shall make an entry in the poll book in the column for remarks to the effect that the person received the ballot paper but took it out of the polling place or returned it declining to vote as the facts may be.

28. Voting by an Incapacitated Person
28.1. Notwithstanding any other provision in these regulations, where an elector makes a declaration that he/she is unable to read or is incapacitated by blindness or other physical cause, when marking his/her ballot paper, the election officer shall proceed as follows:
28.1.1. He/she shall:
28.1.1.1. Cause the vote of that person to be marked on the ballot paper in the manner directed by that person and shall place the ballot paper in the ballot box.
28.1.1.2. If the person is accompanied by a friend, and so requests, the election officer shall permit the friend to accompany the person into the voting compartment and mark the elector's ballot for him/her.
28.1.1.3. State in the poll book opposite the name of that person of the cause of the incapacity

POLL BOOK

29. Poll Book
29.1. The poll book shall contain the names of all electors listed on the Electoral List and the signatures of all electors next to their name on the Electoral List.
29.2. The poll book shall contain a column for remarks by election officers.
29.3. The election officer shall make a note in the poll book of every objection to a ballot paper by a scrutineer and the officer's decision shall be final and binding on the count.

COUNTS

30. At the close of the polls at the end of the Election Day and to prepare for the election count:
30.1. The election officer shall count the number of electors whose names appear in the poll book and the number of electors who appear to have voted and shall make an entry thereon in the poll book on the line immediately below the name of the elector who voted last (in the Remarks column):
30.1.1. The number of names on the List;
30.1.2. The number of electors who cast a vote;
30.1.3. Certify the date of this count;
30.1.4. The names and signatures of all election officers; and
30.1.5. The names and signatures of all scrutineers, if they wish to sign.
30.2. The election officer shall then open the ballot box and count the number of ballot papers therein and record the result, in the presence of the other election officers and the scrutineers in attendance.
30.3. The election officer shall then count the number of votes given for each candidate on the ballot papers by the placing thereon opposite the name of the candidate the symbol “X” or any other such symbol as allowed and shall credit each candidate with one vote in respect to each vote given for him/her on an un-rejected and un-objected to ballot and on each ballot objected to but counted.
30.4. The election officer shall make out a statement in duplicate showing the number of votes given for each candidate and such other particulars as are required and the statement shall forthwith be signed by him/her and the other election officers and such other scrutineers as may be present and desire to sign.
30.5. One copy of the statement shall be attached to the poll book and the second shall be retained by the electoral officer to be forwarded to the Chief Electoral Officer.

31. Unofficial Counts
31.1. After making the statement mentioned above, the election officer shall in the presence of the persons authorized to attend make up into separate packets:
31.1.1. The statement of the poll;
31.1.2. The used ballot papers that have been objected to and have not been counted.
31.1.3. The ballot papers that have been objected to but have been counted.
31.1.4. The rejected ballot papers not objected to.
31.1.5. The rejected ballot papers objected to.
31.1.6. The spoiled and declined ballot papers.
31.1.7. The discarded ballot papers.
31.1.8. The unused ballot papers.
31.1.9. The poll book with the declaration of the election officer therein.
31.1.10. The electoral list used at the poll.
31.1.11. The statement of the number of electors marked by the electoral officer under the heads “physical incapacity” and “unable to read” with the declaration of the inability.
31.1.12. The notes taken of objections made to ballot papers found in the ballot box.
31.1.13. All other documents that were completed, prepared or used at the election.
31.2. The election officer shall seal each of the packets mentioned above with his/her own seal and such scrutineers as desire may affix their seals and signatures.
31.3. The election officer shall mark on the outside of each of the packets a short statement of the contents thereof, the date of the election, his/her name and the return and the name of the election.

32. Official Count
32.1. The Chief Electoral Officer, within no longer than fourteen (14) days of the Election Day, will proceed with the Official Count.

33. Announcement of Results
33.1. The Chief Electoral Officer shall publicly declare to be elected the candidate or candidates having the greatest number of votes.
33.2. Where it appears that two or more candidates have an equal number of votes the Chief Electoral Officer shall at the time he/she declares the result of the poll state that two or more candidates, naming them, to have an equal number of votes.
33.3. In the event of a tie, and all appeal processes have been exhausted, a by-election will have to be held.

APPEALS

34. Appeals
34.1. A candidate may appeal a decision of the Chief Electoral Officer by filing a statement of appeal in writing, with the Metis Elections Commission within fourteen (14) days of the announcement of the Official Count. All appeals filed with the Metis Elections Commission shall include a non-refundable bond of one hundred dollars ($100.00).
34.2. Upon receipt of an appeal, the Metis Elections Commission shall forwith direct the Chief Electoral Officer not to destroy the ballot papers pertaining to the specific election under appeal until further notice.
34.3. Where it appears that two or more candidates have an equal number of votes, and the Chief Electoral Officer cannot declare a candidate to be elected the Chief Electoral Officer shall immediately conduct a recount of the ballots as hereinafter provided.
34.4. If is made to appear by the statement of a candidate filed with the Chief Electoral Officer at any time within fourteen (14) days from the date of the election that any ballot papers may have been improperly counted or rejected on application made to him/her for the purpose, the Chief Electoral Officer shall appoint a time and place where he/she will proceed to recount the ballots and he/she shall give notice thereof in writing to the Metis Elections Commission, the election officers and the candidates.
34.5. Upon completion of the recount or as soon as he/she has ascertained the result of the poll, the Chief Electoral Officer shall seal up all the ballot papers in separate packets and unless a new election is ordered, the Chief Electoral Officer shall forthwith certify the result and then declare to be elected the candidate having the highest number of votes.
34.6. Whereupon completing this recount, the Chief Electoral Officer finds that each of the two or more candidates has received an equal number of votes; and cannot therefore finally determine the result of the election by declaring to be elected the number of persons or the remaining number of persons required to be elected he/she shall require a new election to be held.
34.7. Where any new election is ordered the candidates for election in the run-off election shall be only those candidates who had an equal number of votes following the recount.