Election - municipal - nomination - What are the essential criteria for a valid nomination?

Essential factors in the valid nomination of a candidate for municipal office are:

• the person is qualified for election to the particular office;
• the essential criteria for the filing a valid nomination are met; and
• the filing must be made on time.

The requirements for nomination are set out in the Municipal Elections Act, 1996, as follows:

• "candidate" means a person who is nominated for election to an office in accordance with this Act;
• any person who is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold an office at the time of filing the nomination and may be nominated as a candidate if he or she is qualified to hold the office under the Act constituting the office; and
• the nomination is made and certified in the appropriate manner.

The declaration taken by a candidate at the time of filing the nomination states " ... that I am presently legally qualified, or would be presently legally qualified if I were not a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada, to be elected and to hold the office for which I am nominated, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath." Nominations may be filed with the clerk during normal office hours during the period of January 2, 2006 to Thursday September 28, 2006, inclusive, and on Nomination Day, Friday September 29, 2006 between 9 a.m. and 5 p.m.

A person nominated as a candidate in an election may withdraw his or her nomination in writing, before 5 p.m. on Monday October 2, 2006.

In the event that sufficient nominations are not received by 5 p.m. on Friday, September 29, 2006 additional nominations may be filed on Wednesday, October 4, 2006 between 9 a.m. and 5 p.m. A candidate filing on October 4, 2006 may withdraw his or her nomination, in writing, before 5 p.m. on Thursday, October 5, 2006.

A leading guide on this subject, Candidates and Electors, is published by Municipal World Inc. Municipal World Inc. also publishes many other books on the subject of municipal elections. Click here for a listing.

While the foregoing response is derived primarily from Ontario legislation, practices and procedures, many of the principles will be applicable in other Canadian jurisdictions. In no circumstances should the information and advice given be construed as a legal opinion.

Page last modified on May 30, 2006, at 01:02 PM