Election - municipal - proxy voting - May any person who is qualified to vote in a municipal election authorize another person to vote by proxy in his or her name?

Yes. The Municipal Elections Act, 1996 sets out specific requirements and stipulates that any person who is entitled to vote by proxy may appoint in writing, on the prescribed form, as his or her voting proxy any other person who is eligible as an elector in the municipality. For an exception, see below.

Proxy votes have led to significant controversy, particularly where there is reasonable doubt whether the person appointed has in fact been properly instructed as to the candidate(s) for whom the proxy vote is to be cast. The requirements of the statute must, therefore, be carefully fulfilled. To meet the requirements:

• the appointment, in writing in the prescribed form, is not valid unless made after nomination day and does not remain in effect after voting day;
• the name of the person appointed voting proxy must be filled in at the time the form is signed by the elector;
• the voting proxy may act as a voting proxy for only one person who is not a relative, or for one or more persons who are relatives (as defined); and
• the appointment of a person as a voting proxy cannot be valid unless it is made after nomination day and the appointment does not remain in force after voting day.

The Act further requires that the person appointed as a voting proxy appear in person at the clerk's office to have the document certified and that the person appointed as a proxy take a prescribed oath at the voting place before receiving a ballot on behalf of the appointee. A person appointed as a voting proxy also remains entitled to vote in his or her own right.

Exception

The Act provides for the use of alternative voting methods - vote by mail and vote by telephone. If a municipality implements one of these methods by by-law, advance voting and voting by proxy are eliminated unless the council provides for them in the by-law.

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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 01:03 PM