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ARTICLE
ONE - TITLE
1.
This
Act may be cited as "The Métis Nation - Saskatchewan Election
Act, 1999." ARTICLE
TWO - INTERPRETATION
2.
In
this Act: 2.1.
"Act"
shall mean the Métis Nation - Saskatchewan Election Act. 2.2.
"Appeals"
shall mean any Appeal of an election by an elector for an act seen to
have breached this Election Act, including breach of the Code of
Conduct, Conflict of Interest, Eligibility, and breach of Election
Regulations. 2.3.
"By-election"
shall mean an election called to fill a vacancy within the Provincial
Métis Council. 2.4.
"Candidate"
shall mean any individual who is nominated as a Candidate for the
election. 2.5.
"Chief
Electoral Officer" shall mean the individual appointed by the Métis
Elections Commission to carry out the duties set out in this Act. 2.6.
"Commissioner"
shall mean any Senator who is appointed by the Métis Nation
Legislative Assembly to the Métis Elections Commission. 2.7.
"Election"
shall mean an election called by the Métis Nation Legislative
Assembly to elect Executive Members or Regional Representatives. 2.8.
"Election
Officers" shall mean any individual appointed by the Métis
Elections Commission to carry out the duties under this Act under the
supervision of the Chief Electoral Officer. 2.9.
"Elector"
shall mean any citizen of the Métis Nation - 2.10.
"Electoral
List" shall mean a list made pursuant to this Election Act naming
those citizens entitled to cast a ballot at an election. 2.11.
" 2.12.
"Métis
Elections Commission" shall mean the Métis Nation - Saskatchewan
Métis Elections Commission. 2.13.
"Métis
Nation Legislative Assembly" shall mean the governing authority
of the Métis Nation - 2.14.
"Nominator"
shall mean any citizen of the Métis Nation - 2.15.
"Ordinarily
Resident" shall mean the Region to which the elector is
registered as a citizen and the Region of the citizen's fixed home
address to which whenever he/she is absent he/she has the intention of
returning. 2.16.
"Poll
Book" shall mean the list of names of citizens who have received
ballots at an election pursuant to this Act. 2.17.
"Polling
Station" shall mean a place established in each Local where an
elector casts his/her vote and which is set up pursuant to this Act. 2.18.
"Region"
shall mean regions as determined in the Métis Nation - Saskatchewan
Constitution. 2.19.
"Senate"
shall mean the Métis Nation - Saskatchewan Senate. 2.20.
"Scrutineer"
shall mean an elector who is authorized in writing to represent a
candidate at a polling station pursuant to this Act. ARTICLE
THREE - MÉTIS NATION LEGISLATIVE ASSEMBLY
3.
In
this Act: 3.1.
The
Métis Nation Legislative Assembly shall announce the date for the
election by Proclamation, of the Executive and Regional
Representatives, based upon the day specified in the Constitution. 3.1.1.
The
Métis Nation Legislative Assembly is responsible to proclaim the date
for an election at least one hundred and twenty (120) days prior to election day to allow for the compilation of the
electoral list. 3.1.2.
The
Provincial Métis Council is hereby granted the authority to set the
date for any by-elections as provided in the Constitution, that is
within ninety (90) days of a vacancy occurring. 3.2.
The
Métis Nation Legislative Assembly, based on recommendations of the
Senate, shall appoint three Senators to sit on the Métis Elections
Commission. 3.3.
The
Métis Nation Legislative Assembly shall also appoint one Senator as
alternate, in the event of death, illness, resignation or Conflict of
Interest pursuant to this Act, to the Métis Elections Commission. 3.4.
The
Métis Nation Legislative Assembly has the final decision on any
Appeals under this Act. 3.5.
The
Métis Nation Legislative Assembly has the responsibility to determine
remuneration of the Métis Elections Commission. 3.6.
All
granting of new Citizenship Cards to the Métis Nation - 3.7.
The
Provincial Métis Council is hereby granted the authority to develop
election regulations, pursuant to this Act. ARTICLE
FOUR - MÉTIS ELECTIONS COMMISSION
4.
In
this Act: 4.1.
The
Métis Elections Commission shall be composed of three members of the
Senate, appointed by the Métis Nation Legislative Assembly, based
upon the recommendations of the Senate.
4.2.
The
Métis Elections Commission Commissioners shall meet the requirements
of the Code of Conduct pursuant to this Act. 4.3.
The
Métis Elections Commission shall have sole authority and
responsibility to conduct elections or by-elections pursuant to this
Act and shall be independent and answerable only to the Métis Nation
Legislative Assembly. 4.4.
The
Métis Elections Commission shall set the dates for Revision to the
Electoral List. 4.5.
The
Métis Elections Commission shall appoint a Chief Electoral Officer. 4.6.
The
Métis Elections Commission shall appoint the Local Returning Officers
and Poll Clerks required to conduct an election, based on the
recommendation of the Chief Electoral Officer. 4.7.
The
Métis Elections Commission shall be responsible for all election
Appeals, the decision of which is final and binding, subject only to
appeal to the Métis Nation Legislative Assembly. ARTICLE
FIVE - CHIEF ELECTORAL OFFICER
5.
The
Chief Electoral Officer shall: 5.1.
Meet
the requirements of Eligibility, Code of Conduct and Conflict of
Interest provisions pursuant to this Act. 5.2.
Not
have filed a Frivolous Court Action against the Métis Nation - 5.3.
Not
have been convicted of an indictable offence within five years (5)
prior to the Election Proclamation. 5.4.
Set,
manage and conduct the election according to this Act. 5.5.
Recommend
to the Métis Elections Commission for appointment all election
officers and other required personnel.
The Chief Electoral Officer must only recommend election
officers that meet the requirements of Eligibility, Code of Conduct
and Conflict of Interest provisions pursuant to this Act.
Election officers can not have brought a Frivolous Court Action
against the Métis Nation - 5.6.
Guide
and supervise election officers with respect to the conduct of the
election. 5.7.
Ensure
that all election officers conduct their duties in compliance with
this Act. 5.8.
Prepare,
print and distribute forms for use pursuant to this Act. 5.9.
Publish
the place and hours fixed for the nomination of Candidates and the
date fixed for the closing of nominations. 5.10.
Accept
letters of withdrawal from candidates, nominations, letters of
appointment for scrutineers and candidate's letters of leave of
absence from Métis Nation - 5.11.
Compile
and distribute to each polling station, a final Electoral List,
pursuant to this Act, prior to the Election day. 5.12.
Reconcile
all ballots for both unofficial and official counts, and prepare an
official election report for the Métis Elections Commission. 5.13.
Publicly
declare to be elected the candidate or candidates having the greatest
number of votes. ARTICLE
SIX - ELIGIBILITY
6.
In
order to participate in an election, the participant shall: 6.1.
Be
a citizen of the Métis Nation - 6.2.
Be
at least sixteen (16) years of age on the day of the election. 6.3.
Be
a resident of 6.4.
In
order to vote for a regional representative, have been a resident of ARTICLE
SEVEN - ELECTORS
7.
In
order to cast a ballot in an election, an elector shall: 7.1.
Meet
the requirements of Eligibility pursuant to this Act. 7.2.
Prior
to the close of the Electoral List, transfer his/her citizenship to
the Local where he/she is ordinarily resident. 7.3.
Be
on the Electoral List on Election Day. 7.4.
Vote
at the polling stations closest to where they are registered and
ordinarily resident, pursuant to Article 7.2 of this Act.
Electors may request of the Chief Electoral Officer that they
be placed on the list of another polling station and such
determinations shall be at the discretion of the Chief Electoral
Officer. Adequate
identification will have to be supplied by the elector to the election
official, if such a request is made and a Declaration Form will have
to be completed and signed. 7.5.
Meet
the requirements of the Code of Conduct at the polling station in
accordance with this Act. 7.6.
Notwithstanding
s.7.3, a member/citizen who has been missed from inclusion on the
Electoral List upon the signing of a Declaration Form, accompanied by
producing his/her Métis Nation – ARTICLE
EIGHT - ELECTORAL LIST
8.
The
Electoral List shall: 8.1.
List
all of the Electors eligible to vote in an election. 8.1.1.
The
Electors shall be listed by Local. 8.2.
Be
compiled by the Chief Electoral Officer from the most recent Local
Citizenship Lists on file at the Métis Nation - Saskatchewan Office. 8.3.
a)
Be revised only during a publicly announced revision period.
The revision period shall be between the date of the Election
Proclamation and twenty days prior to election day to a maximum period
of one hundred days. b)
The draft Electoral List shall be posted in the Regions and
Locals and be accessible to all Métis citizens.
(Amended July 4, 2003) 8.4.
Upon
provision of evidence to the satisfaction of the Chief Electoral
Officer, of a legitimate error or omission, a citizen can have his/her
name added to, or removed from the Electoral List during the revision
period. 8.5.
Be
posted in each polling station on Election Day. 8.6.
Be
made available to the candidates. ARTICLE
NINE - NOMINATION OF CANDIDATES
9.
In
this Act: 9.1.
Any
citizen of the Métis Nation - 9.1.1.
Meets
the requirements of Eligibility pursuant to this Act; 9.1.2.
Has
not filed a Frivolous Court Action against the Métis Nation - 9.1.3.
Has
not been convicted of an indictable offence within five years (5)
prior to the Election Proclamation; 9.1.4.
If
seeking to be a candidate for Regional Representative, is ordinarily
resident in the region for which he/she seeks nomination; and 9.1.5.
Has
not been charged with an indictable offence. 9.1.6.
Has
met the conditions in 9.3. 9.2.
Any
citizen of the Métis Nation - 9.3.
All
nominations for the Executive and the Regional Representatives of the
Provincial Métis Council shall be submitted to the Chief Electoral
Officer and shall include the following: 9.3.1.
The
signature of the nominator; 9.3.2.
A
letter of acceptance from the potential candidate; 9.3.3.
A
non-refundable bond of one-hundred dollars ($100.00) which shall be
deposited by the Chief Electoral Officer into the electoral fund; and 9.3.4.
A
minimum of five (5) additional individual citizens who shall attest
their support of the nomination by signing the nomination form, and if
nominating a candidate for Regional Representative, these citizens
must be ordinarily resident within the region. 9.3.5.
Any
candidate who accepts a nomination for the Executive or for Regional
Representative of the Provincial Métis Council must, if employed by
the Métis Nation - Saskatchewan or any of its Affiliates, apply for a
leave of absence from such employment at least thirty (30) days prior
to the Election Date, effective on the date he/she files such
nomination. All such
applications for a leave of absence shall be granted.
Proof of the leave of absence shall be tendered in writing to
the Chief Electoral Officer along with the nomination and the
candidate's letter of acceptance for the nomination. 9.3.6.
Proof
accepted by the Chief Electoral Officer that he/she has not been
charged with, nor convicted of, an indictable offence as provided in
9.1.3 and 9.1.5 through the filing of CPIC criminal record check
documentation. ARTICLE
TEN - SCRUTINEERS
10.
Scrutineers
shall: 10.1.
Meet
the requirements of the Eligibility and Code of Conduct provisions
pursuant to this Act. 10.2.
Not
have been convicted of an indictable offence within five (5) years
prior to the Election Proclamation. 10.3.
Present
a letter of authorization from their respective Candidate for the
purpose of identifying themselves at the polling station. 10.4.
Have
been appointed by their candidate to represent him/her at that polling
station, and to observe the election procedures on his/her behalf.
Only one Scrutineer per candidate may be present in the polling
area at any one time. 10.5.
Not
impede, prevent, or otherwise interfere in any way with the free
exercise of the elector’s right to vote or in any way compel, induce
or prevail on an elector to vote or to refrain from voting. ARTICLE
ELEVEN - SECRECY OF VOTING
11.
In
this Act: 11.1.
Voting
in the election shall be by secret ballot. 11.2. No person shall interfere or attempt to interfere with an elector who is marking his/her ballot 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 at that polling station is about to vote or has voted 11.3.
Each
election officer, candidate and scrutineer in attendance at a polling
station or at the counting of the ballots shall assist in maintaining
the secrecy of the voting and shall not communicate or attempt to
communicate any information obtained at the polling place regarding
which candidate an elector has voted for or is about to vote for. ARTICLE
TWELVE - CODE OF CONDUCT
12.
In
this Act: 12.1.
No
person shall disturb the peace and good order at a polling place or a
place where election proceedings are underway. 12.2.
The
Chief Electoral Officer or his/her designate may cause to remove any
person who is disrupting or otherwise interfering at a polling place
or a place where election proceedings are underway. 12.3.
No
person shall unlawfully take down, cover up, mutilate, deface or alter
an election proclamation, notice or other document required to conduct
an election pursuant to this Act. ARTICLE
THIRTEEN - CONFLICT OF INTEREST
13.
In
this Act: 13.1.
The
Commissioners and the Chief Electoral Officer shall not be in a
Conflict of Interest respecting their duties; 13.2.
Conflict
of Interest will exist when: 13.2.1.
An
immediate family member is a candidate or employee or official in the
election. An immediate
family member is defined as father, mother, stepfather, stepmother,
foster parent, brother, sister, spouse (including a common law
spouse), child (including a child with a common law spouse), ward,
father-in-law, mother-in-law or relative permanently residing with an
election official. 13.2.2.
Any
close personal or business associate is a candidate or employee or
official in the election. 13.3.
In
such a case where a Commissioner or Chief Electoral Officer are in
Conflict of Interest, he/she will be required to: 13.3.1.
Reveal
his/her interest in or in connection to the candidate, employee or
official; and 13.3.2.
Shall
tender his/her written resignation from the Commission or as Chief
Electoral Officer as the case may be. ARTICLE
FOURTEEN - FINANCES
14.
In
this Act: 14.1.
The
Métis Nation Legislative Assembly, based upon the recommendations of
the Provincial Métis Council, shall determine the rate of
remuneration and expense accounts for the Commissioners. 14.2.
There
shall be paid out of the General Fund such sums as are required to
meet the monetary obligations of the Métis Nation - ARTICLE
FIFTEEN - ASSUMPTION OF OFFICE
15.
The
procedure for Assumption of Office shall be: 15.1.
The
newly elected Executive and the Regional Representatives of the
Provincial Métis Council shall take office the day after election
day, and must take an Oath of Office within thirty (30) days of the
announcement of official election results. ARTICLE
SIXTEEN - VACANCY OF OFFICE
16.
In
this Act: 16.1.
An
office of the Provincial Métis Council is considered vacant when a
person who holds that office: 16.1.1.
Dies; 16.1.2.
Resigns
in writing from his/her office; or 16.1.3.
Is
convicted of an indictable offence and has exhausted such appeals to
any appeal courts; or 16.1.4.
Ceases
to qualify as a candidate by virtue of the membership or residency
provisions referred to in Article Six - Eligibility hereof. 16.2.
A
member of the Provincial Metis Council shall take a leave of absence
upon being charged of an indictable offence until the matter is dealt
with. ARTICLE
SEVENTEEN - ENACTMENT
17.
This
Act and Regulations: 17.1.
Comes
into force upon ratification by the Métis Nation Legislative
Assembly. 17.2.
Is
binding upon all citizens of the Métis Nation - 17.3. |