[nSLUG] Evoting Rant

Monte Stevens montkemp at yahoo.ca
Thu Oct 18 15:29:27 ADT 2012


Frank Geitzler <frank.geitzler at ns.sympatico.ca> writes:

> On Thu, 2012-10-18 at 10:26 -0300, Monte Stevens wrote:

>> Frank Geitzler <frank.geitzler at ns.sympatico.ca> writes:
>> > I was telling my wife this morning about the technical, political, and
>> > personal issues which have already raised, and she made me aware of a
>> > procedural one.  She was speaking to our daughter in Truro on the phone
>> > yesterday, who said canvassers came to her door yesterday seeking her
>> > support.  She (and we) thought that 'electioneering' (requesting your
>> > political support) was legally required to stop once the polls opened
>> > -obviously not the case if it is permitted while evoting is taking
>> > place...

>> The election will be held on October 20.
>> http://www.gov.ns.ca/snsmr/municipal/government/elections/2012.asp
>> 
>> People may be voting early in advance polls.

> I referred to the above elections act, and after some
> searching found the following section, where I think in section 155(1)
> (b) "at the advance polling place" could be any person's home, or any
> publicly available computer or wi-fi location, and "on advance polling
> day" would be any day on which evoting was available.
>
> 155 (1) Every person who
>         
> (b) at a polling place on ordinary polling day or at the advance polling
> place on advance polling day, posts or displays in, or within two
> hundred feet of, any wall of the building in which a polling place is
> situated any literature, emblem, ribbon, flag, sign, banner, card, bill,
> poster or device that tends to support a candidate;
> 
>  (2) Where there is a violation of clause (b) of subsection (1) and such
> violation is brought to the attention of a returning officer, he shall
> cause the offending devices to be removed and may deduct the cost from
> the candidate's deposit. R.S., c. 300, s. 155; 2003, c. 9, s. 42.

It may be worth a phone call to an RO to clarify.

>From the 2012 Election Calendar,
http://www.gov.ns.ca/snsmr/pdf/mun-municipal-elections-calendar-2012.pdf
, Wednesday October 17 (which I am assuming is the "yesterday" from your
original post, although there were two yesterdays, so maybe you meant
Tuesday October 16, in which case skip to the next paragraph) is not an
advance poll day.  October 11 and 13 are listed as Advance poll
(Optional) and October 16 is listed as MANDATORY ADVANCE POLL.  I take
it from this that home-based-e-voting is not considered an advance poll,
and as such, is not affected by article 155 above.

If that argument is false I would ask the question of my daughter: did
any of the canvassers "post[] or display[] in, or within two hundred feet
of, any wall" of your home "any literature, emblem, ribbon, flag, sign,
banner, card, bill, poster or device that tends to support a candidate"?
>From my reading of 155 (1) (b) talking is not a violation.

-- Monte


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