Elections

For general inquiries about Band Council elections in Pic Mobert, send an email to mgionet@picmobert.ca or call (807) 822-2134 ext 222 or 1-888-797-1123.

Method of Election

Pursuant to subsection 74(3) of the Act, the chief of a band may be elected by a majority of the votes of the electors of the band.

Councilors may be elected by a majority of the votes of the electors of the band, or by the majority of the electors residing in the specific electoral section in which the councilor resides and that he or she is proposing to represent.


Date of Election

The date on which the poll will be held is usually determined by the band council or by the INAC regional office when the band has lost quorum. A minimum of 79 days is required to conduct an election and it is usually held on a day close to the last day of the current council’s term of office; and no later than before the term expires.


Number of Councilors

The band elects one councilor for every 100 band members. The number of councilors is not to be less than two or exceed 12 (regardless of the population of the band).


Addresses of Electors

Neither the band nor the Electoral Officer are under any obligation to actively search or advertise in order to obtain the addresses of electors residing off reserve. The band is only obligated to provide the addresses of those off reserve electors for whom they already have an address.

Owness is on the elector to provide a mailing address if they are residing off reserve at the time of an election.


Voters List

The voters list is the official list of the names of individuals who are qualified to vote. It is not the same as a band list and it cannot be replaced by the band list.

The posted voters list must provide the names of all electors in alphabetical order, including those residing off-reserve. This list should not include any personal information about the electors (dates of birth, residency, etc.).


Eligibility of Electors

An elector is a person who will be at least 18 years of age on election day and is registered on the band list.


Ordinarily Resident

The basic rules for determining who is “ordinarily resident” on the reserve are set out in section 3 of the Regulations. The residency requirement of sub section 77(1) of the Act is no longer applicable as a result of the Corbiere Decision, and therefore all electors, either on or off reserve, are entitled to vote.

However, as per section 75 of the Act, an individual must be ordinarily resident on the reserve to:

 

Situations where the elector is considered to be ordinarily resident on the reserve:

 

Situations where the elector is not considered to be ordinarily resident on the reserve:

 

Posting of the Voters List

The Electoral Officer must post the Voters List on the reserve in at least one noticeable place in accordance with subsection 4.2(1)(a) of the Regulations.


Revision of the Voters List

The name of an elector may be added to the voters list if it has been demonstrated that his or her name has been omitted from the list. The elector must present evidence from the Band Registrar (if the band controls its membership list - section 10 of the Act), or the INAC Registrar (if the band list is maintained by INAC) that the elector is either on the band list or is entitled to have his or her name entered on the band list and will be at least 18 years of age on election day.

If you are a band member who is eligible to vote and you have been omitted from the voters list, please contact the Indian Registry Officer at 1-888-797-1123 ext 222 for a letter confirming that you are a registered member of the band.


Nomination Meeting

Notice of the Nomination Meeting

As per subsection 4.2(2) of the Regulations, a notice of nomination meeting must be posted. This notice must contain the time, date and location of the nomination meeting; the date and location of the election; the name, address and telephone number of the Electoral Officer a statement that an elector may vote by mail-in ballot; and a description of the manner in which an elector can nominate or second the nomination of a candidate.

The notice of nomination meeting will be posted at least thirty (30) clear days prior to the nomination meeting and at least 72 days before the election day.


Nomination Mail-Out to Off-Reserve Electors

On the day the notice of nomination meeting is posted, off-reserve electors the first mail-out will be sent. This package will include:

 

Off-reserve electors are given an opportunity to consent to having their address released to candidates for campaigning purposes by returning a signed form. This consent form appears on the bottom of the Notice of Nomination Meeting.


Nomination of Candidates

For the Position of Councilor

To be nominated as a candidate for a councilor position, a person must be an elector and ordinarily resident on the reserve. Both the nominator and seconder must also be electors ordinarily resident on the reserve.

A nomination and secondment for the position of councilor may be made orally or in writing at the nomination meeting, or by mailing or delivering a written nomination accompanied by a completed, signed and witnessed voter declaration form to the Electoral Officer before the time set for the nomination meeting. Written nominations not received before the time set for the nomination meeting are void.

Note that an eligible voter, who has not yet reached 18 years of age on the date of the nomination meeting, is ineligible to nominate or second candidates even though he or she will be eligible to vote on election day. Also, a person may not move or second their own nomination.

For the Position of Chief

If the chief is to be elected by a majority of votes of the electors of the band, as per subsection 74(3)(a)(i) of the Act, nominations must also be received for that position. In the Goodswimmer court case, it was ruled that, since there is no requirement in the Indian Act that a candidate for the office of chief be a member of the band or reside on the reserve, none of these requirements apply to those moving or seconding nominations for chief.

Just as nominations for councilors, a nomination and secondment for the position of chief may be made orally or in writing at the nomination meeting, or by mailing or delivering a written nomination accompanied by a completed, signed and witnessed voter declaration form to the Electoral Officer before the time set for the nomination meeting. Mailed nominations not received before the time set for the nomination meeting are void.


Conduct of the Nomination Meeting

According to subsection 4.4(5) of the Regulations, the meeting must remain open for at least three hours regardless of whether the business of the meeting appears to have terminated in less time, and regardless of whether the band members present move to close the meeting.


The Poll

Polling Notice

If more candidates for councilor are nominated than there are vacant positions, or more than one candidate for chief is nominated, a poll must be declared and notice of the time and place where it will occur. The poll must be at least 42 clear days from the date of the nomination meeting. At least 35 days before the poll is to be held, a Polling Notice must be posted in at least one noticeable place on the reserve.

Mail-In Ballots

As per subsection 5.(4) of the IBER, at least 35 days before election day, a second off-reserve mailing must go out. This package consists of:

 

Release of Ballot Packages Throughout the Election Period

Subsection 5.(6) of the Regulations allows the Electoral Officer to provide a mail-in voting package to electors who reside on the reserve at their request.

At a certain point in the election period, time will no longer allow for mail-in ballot packages through the regular mail. The Electoral Officer will have to determine when this time is and how s/he will respond to requests beyond this time. In some cases, the only option the Electoral Officer may be able to offer electors is to vote in person on election day.

Voting Compartments

The voting compartment at each polling place must be located in an area which is easily accessible and where the electors can mark their ballots without being watched by any other person. Secrecy of voting is very important, as set out in section 15 of the Regulations. In each voting compartment, the Instructions for voting are posted.

Polling Hours

The Electoral Officer or a Deputy must be in attendance at each of the polls at all times. On polling day, all polling stations are to open at 9:00 a.m. (local time), and must remain open until 8:00 p.m. of the same day. The Electoral Officer does not have the authority to extend polling hours, however, voters who are inside a polling place and waiting to vote at the time the poll closes are allowed to cast their ballot.

Candidates' Agents

As per subsection 5.(11) of the Regulations, each candidate is entitled to a maximum of two agents (ie. scrutineers) in a polling place at any given time. The agents who are in attendance are there to observe the election proceedings. If they are present before the poll opens, they may witness that the ballot boxes are empty. They may also be present at the counting of ballots after the poll is closed. The agents are not entitled to participate in the election. However, they are permitted to vote if they are qualified electors.


Voting Procedures

Identity of the Elector

When a person presents him or herself to the Electoral Officer or a Deputy at the polling station, he or she should state his or her name. You will then verify that the elector’s name appears on the voters list.

Name of Elector not on the Voters List

Subsection 6.(11) of the Regulations permits an elector, whose name does not appear on the voters list, to vote if the Elections Officer is satisfied that such a person is qualified. The person should provide documents from the band membership clerk (section 10) or INAC Registrar (section 11) clearly showing that he or she is a band member at least 18 years of age. If the Elections Officer or Deputy are satisfied that the person is qualified to vote, his or her name should be added to the voters list and that person should be permitted to vote in the same manner as any other elector.

If a person, who is not on the voters list, presents him or herself at the poll and states that he or she is entitled to vote and will sign a declaration stating this, he or she should not be permitted to vote unless the person can present documentation outlined above.

Issuing a Ballot

Once the Electoral Officer or Deputy have determined that a person is a qualified voter, a ballot is taken and initialed by the Electoral Officer. The initials are on the back of the ballot and the ballot is folded in a manner which will allow the initials to be visible while at the same time hiding the front of the ballot. The ballot is handed to the elector. A line is drawn through the elector’s name indicating that a ballot was given.

The voter should then immediately go to the compartment to mark the ballot.

Return of Ballot

The voter should, upon leaving the polling compartment, immediately return the folded ballot to the Electoral Officer or Deputy. Without unfolding the ballot, it will be verified that it is the same ballot given to the voter by checking that the initials are on it. Then, in the presence of the voter and anyone else who is there, the ballot is deposited in the ballot box.


Variations to the Voting Procedure

Assisting an Elector

Subsections 6.(7) and 6.(8) of the Regulations provide that, if a voter is unable to mark his or her own ballot, the Electoral Officer or the Deputy may, at the voter’s request, mark the ballot. The Electoral Officer or Deputy must mark the ballot according to the voter’s instructions, in the presence of another elector selected by the voter as a witness, and place the ballot in the ballot box. If the elector does not wish to select a witness, only the Electoral Officer, Deputy and the voter will go behind the compartment to mark the ballot.

Spoiled Ballot

An elector may request another ballot because he or she has spoiled the first ballot they were given. According to subsection 6.(9) of the Regulations, an elector, upon returning from the polling compartment, may exchange a ballot which can no longer be used for a new ballot. Upon receipt of the old ballot, the word “cancelled” is written on it, it is retained and a note on the voters list is made next to the elector’s name, in the comments section. The Electoral Officer or Deputy will then issue a new ballot to the elector, again placing initials on the back. The elector should immediately proceed to the voting compartment to mark the ballot as previously indicated.

Forfeited Ballot

It may occur that an elector, who has received a ballot, is refusing to vote, or leaves the polling place with the ballot. If this occurs, the elector loses the right to vote. The word “declined” is marked on the voters list beside this elector’s name. If the ballot is returned, it should be marked on the front side with the word “declined” and set aside but not discarded.


Variations to Mail-In Voting Procedures

Spoiled Mail-in Ballots

An elector, who inadvertently spoils a mail-in ballot, may obtain another ballot by returning the spoiled ballot to the Elections Officer.

Lost Mail-In Ballots

If an elector loses their mail-in ballot that has been mailed or delivered to them by the Electoral Officer, the Officer may issue the elector another ballot, provided he or she forwards a written affirmation, signed by the elector in either the Electoral Officer's presence or the presence of a justice of the peace, a notary public or a commissioner for oaths, that he or she has lost the mail-in ballot.

Before a ballot package is issued to an elector that claims he or she never received a ballot package, it must first be verified the elector appears on the voters list of off-reserve electors. If the elector is found on the list, the address to which the ballot package was sent must be confirmed. If the address is not the same, another ballot package may be issued to the elector and the address information will be updated on the voters list. However, if the address is the same, the elector will be further questioned as to why he or she did not receive the ballot package. If satisfied that the elector did not receive the package, another ballot package may be issued.

Voting in Person

An elector, to whom a mail-in ballot was mailed or otherwise provided, may obtain a ballot and vote in person at a polling place. If an elector presents him or herself to the Electoral Officer or Deputy at the polling station, and this elector has received a mail-in ballot according to the Officer's records, it will be inquired as to what he or she has done with the ballot. Allow the elector to vote if he or she returns the ballot package. If the elector does not have the ballot package, he or she must complete a Declaration of Lost or Misplaced Mail-in Ballot.

Closing the Poll

At the designated time — 8:00 p.m. local time — the polling station is to be closed. Any elector, who is inside the polling place at closing time and who has not yet voted, may do so without delay.


The Count

When

The counting of the votes takes place at the time stated on the Polling Notice. In most cases it is immediately following the close of the poll.

The count is to begin immediately after the mail-in ballots have all been verified, as outlined below.

Who May Be Present

The agents (i.e., scrutineers) of the candidates may observe and/or be given tally sheets to follow along with the counting of the ballots. The agents should not handle any of the ballots or voter declarations.

In some communities, it is a tradition for the community members to be allowed to observe the counting process. However, community members must not interfere with the process.

Declaration of Results and Tie Vote

As soon as all of the votes cast have been counted and tallied, the Electoral Officer publicly declares elected the candidates who received the most votes for each position until all the positions on council are filled, as per subsection 8.(1) of the Regulations.

If two or more candidates for the same position received the same number of votes, and with an additional vote one or more of these candidates could be elected, the Electoral Officer must vote to break the tie, as per section 9 of the Regulations.

The Electoral Officer will cast a vote for one or more of the candidates having the same number of votes until the final position on council is decided. In this situation, the Electoral Officer should mark a ballot for the candidate of his or her choice, just as any other elector.

To prevent accusations that the Electoral Officer's deciding vote was bias, it is recommend that s/he choose the candidate(s) for whom s/he will vote using a random method (such as a coin toss or selection out of a hat), and that this method be communicated to candidates in advance (at the nomination meeting or prior to the counting of the votes). The Electoral Officer cannot vote unless there is a tie.

Notice and Statement of Results

Pursuant to subsection 8.(2) of the Regulations, within FOUR days after completion of the counting of the votes, the Electoral Officer must:

 

Updated List of Off-Reserve Electors

Over the course of the election period, updates to the names and addresses on the list of off-reserve electors will have been made. This updated list will be returned to the band office. This list is only used for election purposes. This will assist the band in providing an accurate and up-to-date list to the Electoral Officer at the next election.


Appeals

An election may be appealed by an elector or a candidate. Please refer to the sections of the Regulations dealing with election appeals (sections 12, 13 and 14). If an elector or candidate believes there are grounds for an appeal, he or she should forward particulars of the appeal, verified by affidavit, to:

The Assistant Deputy Minister
Lands and Trust Services
Indian and Northern Affairs Canada
10 Wellington Street, 17th floor
Gatineau, Quebec
K1A 0H4

In order to be valid, the appeal must be sent by registered mail WITHIN 45 DAYS of the day the poll was held, in affidavit form. The grounds for the appeal should be clearly stated in the affidavit and include references to relevant sections of the Indian Act or the Regulations.