Election - municipal - rights of electors - How are the rights of electors protected and to what extent are electors provided with the opportunity to vote?

The Municipal Elections Act, 1996 has been structured to afford all qualified electors every possible opportunity to participate in a municipal election. An initial failure to have the name of an elector placed upon the list of electors does not deny the elector the right to have his or her name subsequently entered on the list.

The opportunities to vote afforded to electors include:

• the ability to be enumerated;
• an opportunity to have names added or, where information is incorrectly recorded, to have changes made in a revision of the list of electors;
• mandatory advance vote (and additional permissive ones at the discretion of the council) [Note: advance vote may not apply if municipality is using vote by mail or by phone];
• the ability to obtain an approved application from the clerk prior to the election to have the elector's name added to the list of electors, when omitted and in many municipalities (optional - to be established by clerk) electors may have their names added at the voting place on voting day; and
• the ability to appoint, or vote as, a voting proxy.

In an effort to increase voter turnout generally, there is now a trend at all levels of government to make voting easier by allowing electors more choices and opportunities to have their name placed on the list of electors - in many instances extending that opportunity right up to the close of voting.

An elector who is illiterate, blind or handicapped by other physical cause may receive assistance in the voting process. A council may, by by-law, provide for the preparation and printing of ballots for use by visually impaired electors. In addition, voting places are provided in institutions. French language notices and forms may also be used for general election purposes where determined by by-law of the council, and must be used for the election of French-language district school board members, and interpreters may be permitted.

Municipal World Inc. publishes many 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 01:04 PM