Election Act - [RSBC 1996] CHAPTER 106
Part 5 — Candidates Division 1 — Nominations
Who may be nominated
52 (1) To be qualified for nomination as a candidate for office as a member of the Legislative Assembly, an individual must
(a) be a Canadian citizen,
(b) be 18 years of age or older on general voting day for the election,
(c) have been a resident of British Columbia for at least 6 months immediately before the individual becomes a candidate, and
(d) not be disqualified by this Act or any other enactment from voting in an election or from being nominated for, being elected to or holding office as a member of the Legislative Assembly, or be otherwise disqualified by law.
(2) At any one time, an individual is not entitled to be nominated as a candidate for more than one electoral district.
Who may make nominations
53 (1) A nomination must be made by at least 75 voters for the electoral district for which the election is being held.
(2) For any one election an individual may not be a nominator for more than one candidate.
(3) Even if one or more of the nominators is not qualified in accordance with this section, a nomination is valid as long as the nomination is made by at least the minimum number of qualified nominators.
Nomination documents
54 (1) A nomination must be made in writing in accordance with this section.
(2) A nomination must be signed by the nominators and must include the following information:
(a) the electoral district for which the individual is being nominated;
(b) the full name of the individual nominated;
(c) the usual name of the individual nominated, if this is different from the full name and the individual wishes to have his or her usual name on the ballot instead;
(d) the residential address of the individual nominated;
(e) if applicable, the name of the registered political party that the individual is nominated to represent;
(f) if the individual is nominated as an independent candidate and wishes to have that status indicated on the ballot, a statement requesting this;
(g) the names and residential addresses of the nominators.
(3) A nomination must be accompanied by the following:
(a) a signed declaration of each nominator that he or she is qualified as a voter for the electoral district for which the election is being held;
(b) a signed consent of the individual nominated to the nomination;
(c) a solemn declaration of the individual nominated that he or she is qualified to be nominated;
(d) in the case of an individual making a request under subsection (2) (c), a solemn declaration of the individual that the name requested to be used on the ballot is his or her usual name;
(e) in the case of an individual making a request under subsection (2) (f), a solemn declaration of the individual that he or she is independent;
(f) the appointment of the auditor in accordance with section 179 and a signed consent of the auditor to act as such;
(g) either
(i) a statement that the individual nominated is acting as his or her own financial agent, or
(ii) the appointment of an individual as financial agent in accordance with section 176 and a signed consent of the individual to act as such;
(h) the appointment of any deputy financial agents in accordance with section 178 and the signed consents of the individuals to act as such;
(i) a statement signed by the individual nominated of an address at which documents will be accepted for delivery to or service on the individual and a telephone number at which the individual can be contacted;
(j) the disclosure required by section 2 (1) of the Financial Disclosure Act.
(4) A solemn declaration required by subsection (3) may be made in advance or taken by the election official responsible when the nomination documents are delivered for filing.
(5) The chief electoral officer may require nomination documents, other than the disclosure under the Financial Disclosure Act, to be made in a form specified by the chief electoral officer.
Nomination deposit
55 (1) In order to be effective, a nomination must be accompanied by a deposit of $250.
(2) The nomination deposit under subsection (1) must be held by the chief electoral officer to be dealt with as follows:
(a) if the individual for whom it is paid receives at least 15% of the total votes accepted and counted in the election, the nomination deposit is to be returned to the financial agent of the individual;
(b) if the individual for whom it is paid dies before the close of general voting for the election, the nomination deposit is to be returned to the financial agent of the individual or to another person determined by the chief electoral officer;
(b.1) if the nomination deposit is in relation to a nomination under section 57 for an electoral district that is disestablished before an election is held, the nomination deposit is to be returned to the financial agent of the individual for whom it was paid;
(c) in other cases, the nomination deposit is forfeited and is to be paid to the consolidated revenue fund.
Nomination by filing documents with the district electoral officer
56 (1) In order to make a nomination under this section, the nomination documents required by section 54 (2) and (3) must be received by the district electoral officer,
(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, between the time the election is called and 1 p.m. on the 10th day after the election is called, or
(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, between 9 a.m. on the 6th day after the election is called and 1 p.m. on the 10th day after the election is called.
(2) As exceptions to subsection (1),
(a) if the first day of the nomination period would otherwise fall on a holiday, the nomination period begins at 9 a.m. on the next day that is not a holiday, and
(b) if the end of the nomination period would otherwise fall on a holiday, the nomination period ends at 1 p.m. on the next day that is not a holiday.
(3) Times referred to in this section are Pacific Standard time or Pacific Daylight time, as applicable.
(4) For the purposes of this section, nomination documents must be received at the office of the district electoral officer during its regular office hours and may be received at other times and places during the nomination period as allowed by the district electoral officer.
(5) The obligation to ensure that nomination documents are received in accordance with this section rests with the individual nominated.
(6) Once all the required nomination documents and the required nomination deposit have been received, the district electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.
(7) If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the end of the nomination period.
(8) When all the required nomination documents are accepted for filing, the district electoral officer must issue to the candidate a certificate indicating that the individual is a candidate in the election.
(9) The district electoral officer must forward the nomination deposits received under this section to the chief electoral officer.
Standing nominations filed with the chief electoral officer
57 (1) Nomination documents may be filed with the chief electoral officer at any time up until,
(a) in the case of a general election conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the date the election is called, or
(b) in the case of a by-election, or a general election that is not conducted in accordance with section 23 (2) of the Constitution Act, the end of the day before the nomination period begins under section 56.
(2) The nomination deposit must be received by the chief electoral officer before nomination documents are accepted for filing under subsection (1).
(3) A nomination under this section is completed when the following documents are accepted for filing by the chief electoral officer:
(a) the disclosure required by section 2 (1) of the Financial Disclosure Act;
(b) the solemn declaration of the individual nominated that he or she is qualified to be nominated.
(4) [Repealed 2008-41-16.]
(5) The obligation to ensure that nomination documents are received in accordance with this section rests with the individual nominated.
(6) Once all the required nomination documents and the required nomination deposit have been received, the chief electoral officer must accept the documents for filing unless the individual appears from those documents to be ineligible for nomination.
(7) If nomination documents are not accepted for filing because they are defective, they may be completed, corrected or substituted before the day on which the nomination period begins under section 56.
(8) When all the required nomination documents are accepted for filing, the chief electoral officer must issue, after the election is called, to the candidate a certificate indicating that the individual is a candidate in the election.
(9) Subject to subsection (9.1), as soon as possible after the end of the period for making nominations under this section, the chief electoral officer must deliver to the applicable district electoral officer a copy of
(a) the certificate under subsection (8),
(b) the disclosure under the Financial Disclosure Act, and
(c) the other nomination documents filed under this section.
(9.1) Subsection (9) does not apply in relation to an individual whose nomination is withdrawn under this Act.
(10) At any time before the individual nominated becomes a candidate, the nomination may be withdrawn by the individual nominated delivering to the chief electoral officer a withdrawal signed by the individual.
(11) [Repealed 2008-41-16.]
(12) If an electoral district is disestablished after nomination documents are filed under this section in relation to the electoral district, the nomination is cancelled.
(13) If an enactment establishes a new electoral district but the enactment does not come into force until a future time, the chief electoral officer may accept nomination documents under this section for the future electoral district.
Changes to nomination documents after filing
58 After nomination documents have been accepted for filing, they may be amended by the district electoral officer or the chief electoral officer on the basis of information provided by the candidate in writing, but only in relation to matters of fact that have changed since the time of filing.
Nomination documents available for public inspection
59 (1) Nomination documents filed under section 56 must be available for public inspection at the office of the district electoral officer during its regular office hours until they are sent to the chief electoral officer under subsection (4).
(2) Nomination documents filed under section 57 must be available for public inspection
(a) at the office of the chief electoral officer during its regular office hours until they are sent to the district electoral officer under section 57 (9), and
(b) at the office of the district electoral officer during its regular office hours from the time they are received from the chief electoral officer until they are returned to the chief electoral officer.
(3) A copy of the required disclosure under the Financial Disclosure Act must be made available by the district electoral officer for the purposes of subsection (1) and by the chief electoral officer for the purposes of subsection (2).
(4) The district electoral officer must send the nomination documents under subsections (1) and (2) to the chief electoral officer when returning the writ for the election.
(5) Nomination documents received by the chief electoral officer under subsection (4) must be available for public inspection at the office of the chief electoral officer during its regular office hours until one year after the return of the writ for the election.
Endorsement of candidate by registered political party
60 (1) In order for a candidate to represent a registered political party in an election, a written endorsement of the candidate signed by at least 2 principal officers of the political party must be made by one of the following means:
(a) in all cases, by filing the endorsement with the chief electoral officer before the end of the nomination period;
(b) in the case of an individual nominated under section 56, by filing the endorsement with the district electoral officer before the end of the nomination period.
(2) For a general election, an endorsement under subsection (1) (a) may be made as a single document endorsing candidates for a number of electoral districts.
(3) At any time up until the end of the nomination period, the status of a candidate as representative of a registered political party may be cancelled by
(a) the candidate delivering to the district electoral officer or chief electoral officer a written request to this effect signed by the candidate, or
(b) the registered political party delivering to the district electoral officer or chief electoral officer a written request to this effect signed by at least 2 principal officers of the political party.
(4) If a request under subsection (3) is received, the individual nominated remains a candidate but ceases to be a candidate representing the registered political party.
(5) A registered political party may not at any one time be represented by more than one candidate in an election for a single electoral district.
Declaration of candidates and election
61 (1) Immediately following the end of the nomination period under section 56, the district electoral officer must publicly declare the following:
(a) that the nomination period for the election is closed;
(b) that the individuals whose nomination documents have been accepted for filing are candidates in the election, subject only to a court order under section 66;
(c) the names of the individuals who are candidates in the election;
(d) if there is more than one candidate for the office to be filled, that an election by voting is to be held and the general voting day for that election;
(e) if there is only one candidate for the office to be filled, that the candidate is elected by acclamation.
(2) The district electoral officer must deliver a certified list of the candidates declared under subsection (1) to each of those candidates who requests it.
(3) As soon as possible after the declaration, the district electoral officer must provide the chief electoral officer with the names of the candidates, the registered political parties they represent, if applicable, and any other information the chief electoral officer directs.
(4) In the case of an election by acclamation, as soon as possible after the declaration, the district electoral officer must return the writ of election to the chief electoral officer certifying the name of the individual elected.
Notice of election by voting
62 (1) As soon as possible after the declaration of an election by voting, the district electoral officer must publish a notice of election in accordance with section 270.
(2) The notice of election must include the following information:
(a) the names of the candidates in the order and as the names will appear on the ballots;
(b) as applicable, the status of each candidate as the representative of a registered political party or as an independent candidate;
(c) the date, voting hours and voting places for general voting;
(d) the dates, voting hours and voting places for advance voting;
(d.1) the identification requirements for voting and for registering to vote in conjunction with voting;
(e) how an individual may obtain information regarding other opportunities for voting in the election.
Division 2 — Candidates
When an individual is a candidate
63 (1) An individual becomes a candidate when all the required nomination documents are accepted for filing and a certificate is issued by the district electoral officer under section 56 (8) or by the chief electoral officer under section 57 (8).
(2) A candidate continues to be a candidate until the date of the return of the writ for the election, unless the individual earlier withdraws, dies or is declared und
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