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ELECTION

BILL
No. 161
An Act to amend The Election Act, 1996
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of
Saskatchewan, enacts as follows:

Short title
1 This Act may be cited as The Election Amendment Act, 2010.

S.S. 1996, c.E-6.01 amended


2 The Election Act, 1996 is amended in the manner set forth in this Act.

New section 65
3 Section 65 is repealed and the following substituted:
“Information that voters must provide on entering polling place
65(1) On entering the polling place, a voter shall give his or her name to:
(a) the deputy returning officer; and
(b) if requested to do so by any candidate’s representative, the candidate’s
representative.
(2) If the poll clerk determines that a voter’s name appears on the voters’ list,
the voter, before being given a ballot paper and voting, shall:
(a) provide the deputy returning officer with the satisfactory evidence of
the voter’s identity and ordinary residence required pursuant to
section 72.1; or
(b) make the voter’s declaration in accordance with section 71.
(3) If an individual’s name does not appear on the voters’ list, the
individual shall:
(a) answer any questions from the deputy returning officer;
(b) provide to the deputy returning officer any information, satisfactory to
the deputy returning officer, that relates to establishing the individual’s
identity, ordinary residence on the day on which the writ was issued and
eligibility to vote; and
(c) before being given a ballot paper and voting, make the voter’s
declaration required pursuant to section 68”.
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Section 71 amended
4(1) Subsection 71(1) is amended:
(a) by repealing subclause (a)(i) and substituting the following:
“(i) confirm that the voter has the satisfactory evidence of the voter’s
identity and ordinary residence required pursuant to section 72.1”; and
(b) by repealing subclause (b)(i) and substituting the following:
“(i) confirm the voter’s identity and place of ordinary residence by having
another voter who meets the requirements of subsection (1.1) vouch for the
identity and residence of the voter by completing the prescribed forms”.
(2) The following subsection is added after subsection 71(1):
“(1.1) For the purposes of subclause (1)(b)(i):
(a) a voter who intends to vouch for another voter must provide the poll
clerk with the satisfactory evidence of the voter’s identity and ordinary
residence required pursuant to section 72.1 before vouching for another
voter; and
(b) no voter shall vouch for more than one other voter at an election”.
(3) Subsection 71(6) is repealed.

New sections 72 and 72.1


5 Section 72 is repealed and the following substituted:
“When individual not entitled to ballot paper or to vote
72(1) No individual is entitled to a ballot paper or to vote if the individual:
(a) does not provide to the deputy returning officer and poll clerk the
satisfactory evidence of his or her identity and ordinary residence required
pursuant to section 72.1; or
(b) if required to do so, refuses to make the voter’s declaration.
(2) No deputy returning officer shall give a ballot paper to an individual
described in subsection (1).
(3) The poll clerk shall note the following in the poll book:
(a) if a voter who is required to do so fails to provide the satisfactory
evidence of the voter’s identity and ordinary residence required pursuant to
section 72.1;
(b) if a voter who is required to do so refuses to make a voter’s declaration.
“Evidence of identity and ordinary residence
72.1(1) In this section, ‘address’ means address as defined in the regulations.
(2) If a voter or other individual is required to provide satisfactory evidence of
the voter’s or individual’s identity and ordinary residence pursuant to this Act,
the satisfactory evidence that must be provided is one of the following:
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(a) if the voter’s or individual’s name appears on the voter’s list, one
original piece of identification that:
(i) shows the voter’s or individual’s photograph, name and
address; and
(ii) is issued by the Government of Saskatchewan, the Government
of Canada or an agency of those governments; or
(b) two pieces of prescribed information each of which establishes the
voter’s or individual’s name and at least one of which establishes the voter’s
or individual’s address”.

Section 73 amended
6 Subsection 73(1) is repealed and the following substituted:
“(1) The deputy returning officer shall give a ballot paper to every individual:
(a) whose name is on the voters’ list, who is not required to make a voter’s
declaration and who has provided the deputy returning officer with the
satisfactory evidence of identity and ordinary residence required pursuant
to section 72.1;
(b) whose name is on the voters’ list and who, if required to make a voter’s
declaration, has made the voter’s declaration;
(c) whose name has been struck off the voters’ list and who has made a
voter’s declaration; or
(d) whose name is not on the voters’ list and who has made a
voter’s declaration”.

Section 87 amended
7 Clause 87(1)(a) is repealed and the following substituted:
“(a) the satisfactory evidence of the voter’s identity and ordinary residence
required pursuant to section 72.1 to the returning officer or the Chief Electoral
Officer, as the case may be”.

Section 92 amended
8 Subsection 92(9) is repealed.

Section 287 amended


9 The following clause is added after clause 287(1)(b):
“(b.1) for the purposes of section 72.1:
(i) defining, enlarging or restricting the meaning of ‘address’; and
(ii) prescribing pieces of information to establish identity and ordinary
residence, including prescribing different pieces of information that may be
used in mobile polls, polls for temporarily displaced voters, hospitals,
remand centres and personal care facilities”.

Coming into force


10 This Act comes into force on proclamation.
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FOURTH SESSION

Twenty-sixth Legislature
SASKATCHEWAN

B I L L
No. 161

An Act to amend The Election Act, 1996

Received and read the

First time

Second time

Third time

And passed

Honourable Don Morgan

Printed under the authority of


The Speaker of the Legislative Assembly
of Saskatchewan
2010