THE

ONTARIO PROVINCIAL FRANCHISE.

AN ACT RESPECTING VOTERS' LISTS.

Revised Statutes of Ontario, cap. 9, as amended.

HER Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:1. This Act may be cited as The Voters' Lists Act. 2.* (1) The clerk of each municipality shall (a), immediately after the first revision and correction (b) of the

Short title.

Clerk to make list of voters.

*

This and the succeeding subsections of sec. 2 are given as in the amending Act (The Voters' Lists Amendment Act 1885).

(a) "The clerk of each municipality shall.”—The clerk in respect to this duty acts as an officer of the public, rather than as a servant of the Council. The shall is imperative so far as the clerk is concerned (Rev. Stat. cap. 1, s. 8, subs. 2, Interpretation Act, Re Lincoln Election, 2 Ont. Ap. R.-per Moss, C. J. A., at p. 341), -see also sec. 24, post, as to mode of compelling the performance of this duty. A writ of mandamus will also lie for neglect or default in the premises, Rex v. Mayor of Gravesend, 2 B. & C. 602; Regina v. Mayor of Lichfield, 1 Q. B. 453.

(b) "First revision and correction.”—The words in the original section were "final revision and correction, etc." This amendment means that the clerk is to prepare the list immediately after the Court of Revision has completed its duties, without waiting for the decision of the Judge upon appeals from that Court or for the time allowed for appealing to elapse-see subs. 11, post. This will enable the clerk to commence his work upon the lists earlier than formerly.

assessment roll in every year, make a correct alphabetical list in three parts (Form 1) (†) of all persons being of the full age of twenty-one years and subjects of Her Majesty by birth or naturalization, and appearing by the assessment roll to be entitled to vote (c) in the municipality, prefixing to the name of each person his number upon the roll.

(2) The first of the three parts shall contain the names, First part. in alphabetical order, of all male persons of full age and subjects as aforesaid, appearing by the assessment roll to be assessed for the real property or income requisite to entitle him to vote in the municipality at both municipal elections and elections for members of the Legislative Assembly (d).

(3.) The second part shall contain the names, in alpha- Second part. betical order, of all other male persons of full age and subjects as aforesaid, and of all widows and unmarried

+ See post, note (m).

(c) "Full age," "subjects of Her Majesty," "entitled to vote.”—See provisions of Franchise and Representation Act 1855 and notes thereto under similar headings, ante. The Election Act provides that, subject to the provisions of the 102d section (which provides for tendered ballots') "no person shall be admitted to vote unless his name appears on such list; and no question of qualification shall be raised at any election except to ascertain whether the person tendering his vote, is the same person intended to be designated in the said list; and other questions of qualification shall be raised and decided on election petition only," Rev. Stat. c. 10, s. 73. The roll, though it should give information as to age of assessed persons, can give none as to whether they are subjects or aliens. Any person who will be of age within 60 days from the "final revision and correction of the assessment roll" may apply to the Judge to have his name put on the list-s. 8, subs. 4, post. The only question of qualification settled by the Court of Revision under the Assessment Act, is, the one of value-Stormont, 1 H. E. C. 21 ; 7 C. L. J. 213; and this may be reviewed by the Judge. Being rated as tenant instead of owner or occupant or vice versa, Held, not to affect the vote, Ib.

(d) i. e., those possessing qualifications common to both franchises. Owners, tenants, householders, farmers' sons and income voters, rated to an amount sufficient to qualify them to vote at municipal elections, are qualified to vote for members of the Legislative Assembly, (but see as to what constitutes a "householder" under Municipal Act 46 Vic. c. 18, s. 87).

Third part.

Name to be entered once only

Lists for polling subdivisions.

women of full age and subjects as aforesaid, and appearing on the assessment roll to be entitled to vote in the municipality at municipal elections only, and not at elections for members of the Legislative Assembly (e).

(4.) The third part shall contain the names, in alphabetical order, of all other male persons of full age and subjects as aforesaid, appearing by the assessment roll to be entitled to vote in the municipality at elections for members of the Legislative Assembly only, and not at municipal elections (f).

(5.) The name of the same person shall not be entered more than once in any such part.

(6.) Where a municipality is divided into polling subdivisions the list (to be made in three parts as aforesaid) shall be made for each of such sub-divisions (g).

(e) e. g., Judges, Customs Officers, Clerks of the Peace, County Attorneys, Registrars, Sheriffs, Deputy Sheriffs, Deputy Clerks of the Crown, Crown Land Agents, Postmasters in cities and towns, Stipendiary Magistrates and Excise Officers. See Elections Act (Rev. Stats. c. 10, s. 4), ante.

(f) e. g., householders, the property occupied by whom is worth less than the amount required to qualify for the municipal franchise, wage-earners and income voters whose income is not less than $250, but does not come up to the $400 necessary for the municipal qualification; all “ landholders' sons" (unless it so happens that they can qualify as farmers' sons," i. e., sons of the owner of a farm of at least 20 acres, living on the farm with the father, the farm being worth sufficient to give both father and son a municipal vote), owners, tenants and occupants in cities, towns and incorporated villages whose property is rated at a sum sufficient to give the legislative, but not the municipal vote; and Indians qualified to vote at legislative, but not at municipal, elections.

(g) Section 11 of the Elections Act, as amended, provides for the subdivision of the municipality or ward. It is as follows:

11. Every City, Town, Ward, Township or incorporated Village, having more than two hundred qualified voters therein shall be divided by well-defined boundaries such as streets, side lines, concession lines or the like, in the most convenient manner into polling subdivisions by by-law of the Municipal Council having jurisdiction over the locality, and in such manner that the number of qualified voters in the several polling subdivisions shall be as nearly equal as may be, and shall not in any one exceed two hundred.

2. Where a municipality is divided into polling subdivisions, the same polling subdivisions shall be used both for the election of members of the Legislative Assembly and for municipal elections; and the polling subdivisions for elections to the Legis

on which voter

(7.) If the qualification of any such person is in respect Real property of real property, the clerk shall (h) opposite the naine of qualifies to be

named.

lative Assembly and municipal elections, shall hereafter be made the same in all cases, except that the Municipal Council of every City, Town or incorporated Village, may by by-law unite, for the purposes of municipal elections, any two adjoining polling subdivisions.

3. Any alteration of existing polling subdivisions, or creation of new polling subdivisions, shall be made before the publication of the voters' lists.

4. For the purpose of enabling the council to make the required alterations, the clerk of the municipality, as soon as he finds that the number of qualified voters in any subdivision exceeds two hundred, shall call the attention of the council to the fact.

5. In case, through oversight or from any other cause such alterations have not been made prior to the publication of the lists, the alteration in the polling subdivisions shall be made forthwith thereafter, but shall not take effect until the next voters' lists are being made out, and shall not affect the voting on or with respect to any previous voters' lists.

6. It shall not be necessary for a Returning Officer to re-divide a polling subdivision, on account of the same containing more than two hundred voters, so long as it does not contain more than three hundred; but if it contain more than three hundred, he shall divide it into two subdivisions.

7. Nothing in this section contained shall be held to relieve the council of any municipality from the duty of making a new division of the voters into polling subdivisions, or re-dividing a subdivision as often as the number of qualified voters in any polling subdivision exceeds two hundred. 46 V. c. 2, s. 2.

Section 12 provides for a re-division of the subdivisions from time to time, as like occasion shall require—sec. 13, that the subdivision shall be based in each case upon the then last revised and corrected assessment roll-sec. 14, for an appeal from any such subdivision by any, five electors to the County Judge-sec. 15 for the numbering of the subdivisions consecutively by the by-law and for a deposit of the copy thereof with the Clerk of the Peace-sec. 16 for a subdivision by the returning officer in case of failure of the Council to subdivide or in case the time for appeal has not expired before receipt of the Writ, and s. 17 for remuneration of the returning officer in case he subdivides.

Where a voter properly assessed, who was accidentally omitted from the Voter's List for polling division No. 1, where his property lay, and entered on the Voters' List for polling division No. 2, voted in No. 1, though not on the list, his vote was held good, Brockville-Little's rote, 1 H. E. C. 129. A voter was assessed in two wards of a town; he parted with his property qualification in one of the wards, but voted in such ward; held, that the vote might be supported on the qualification in the other ward, which, if the voter had voted on it, would have made it necessary for him to vote in another polling subdivision, Lincoln, (2 Ont.,) Gibson's vote, I H. E. C. 500.

(h) Shal'."-This word is imperative, so far as the Clerk is concerned, but mandatory only, so far as it affects the right of the person to vote; Lincoln Election, 2 Ont. Ap. R. 341, 352. "I am of opinion that the right of a voter whose name has been entered on the voters' list to exercise the franchise is not destroyed by the want of a sufficient description, or any description of the real property on which his quali

Entry where

voter assessed

divisions of

same ward.

the person, insert, in the proper column of the voters' list, the number of any lot or other proper description (i) of any parcel of real property in respect of which each person is so qualified; adding thereto, where the person is so qualified in respect of more than one such lot or parcel, the words "and other premises "; and in the case of the person being a landholder's son or a wage-earner within the meaning of The Election Act and any Act amending the same, the clerk shall also, in the proper column of the voters' list, state that fact and the place at which the voter resides (j) in the municipality.

(8.) Where a ward of any municipality is divided into in several sub- polling subdivisions, and it appears by the assessment roll that any person is assessed in each of two or more such polling subdivisions in the ward for property sufficient to entitle him to vote, the clerk shall enter his name on the list of voters in one such subdivision only, and shall, as required by the preceding subsection, insert opposite his name the additional words "and other premises"; and where, within the knowledge of the clerk, such person resides in one of such polling subdivisions, his

fication depends,”—per Moss, C. J., A. Ib. p. 328. Nor is it destroyed by an erroneous statement of the capacity in which he is entitled to vote, Prescott Election (Dom.), 1 H. E. C. 780 and see subs. 2 of sec. 91 of the Elections Act (Ont.) as amended by the Fran. and Rep. Act 1885, ante. See also Stormont, 1 H. E. C. 21; 7

C. L. J. 213; Brockville, 1 H. E. C. 129.

(i) "Proper Description." -e. g., number of house, lot, name of street, lane, etc.; see Lincoln Election, 2 Ont. Ap Rep. 328;. Flanders v. Donner, 2 C. B. 63; Ebsworth v. Farrar, 4 C. B. 9; Rex v. Aire and Calder Nav. Co., 4 B. & C. 243; Rex v. Bromyard, 8 B. & C. 242; Ekersley v. Barker, 7 M. & G. 76; 8 Scott N. R. 899; Wood v. Willesden, 2 C. B. 15: Gadsby v. Warburton, 7 M. & G. 11; Nunn v. Denton, ? M. & Gr. 70; Danieli v. Camplin, 7 M. & G. 167; Judson v. Luckett, 2 C. B. 197; Birks v. Allison, (Dixon's case,) 13 C. B. N. S. 24; Jones v. Jones, L. R. 4 C. P, 422; Brockville, 1 H. E. C. 129.

(j) “Resides.”—See notes to sec. 3 subs. 6 of Dom. Fran. Act, and sec. El. Act) subs.

Secondly" of Ont. Fran. & Rep. Act, ante.

(s. 7 of