LOCAL ELECTIONS BILL.

Gisborne Times, Volume X, Issue 1024, 17 October 1903, Page 3

LOCAL ELECTIONS BILL.

THE AMENDMENTS. MESSAGE FROM THE PREMIER.

(Special to the Times.) Woffington, last night.

For public information I forward a copy of the regulation of Local Elections Bill, a Bill intituled an Act to amend the law

relating to inquiries as to oioctioDs or polls under The Regulation of Local Elections Act, 1876.

Be it onactcd by the General Assembly of New Zealand in Parliament assembled, and by tho authority of the same, as follows : 1. Tho short title of this Act is the regulation of Local Elections Amendment Act, 1903, and it shall form part of and bo read togetbor with the Regulation of Local Elections Act, 1876 (hereinafter referred to as the principal Act). 2. Whore any candidate and two electors, or whore any six electors, are dissatisfied with the result of auy olection or poll hold or taken undor tho principal Act or under any Act to which the principal Act or any part thereof is applied, they may within fourtoen days after such election or poll by petition filo in tho court as hereinafter mentioned and demand an enquiry as to tho conduct of the election or poll, or of any candidate or other person thereat. 3. Such petition shall bo in tho form in tho schedule hereto, or to tho like effect, and shall bo filed in the Magistrate’s Court nearest to the principal polling plaee at the eloction or poll to bo inquired into, and shall be board and determined before tho Magistrate usually exercising jurisdiction at that court, provided that in the case of a petition for inquiry as to a licensing poll taken undor The Alcoholic Liquors Sale Control Act Amendment Aot, 1895, the petition, Dl., 1889, the peti-

tion shall be heard and determined before such Magistrate as aforesaid, togethor with the Magistrates usually exercising jurisdiction at the Magistrate’s Court nearest to the Court in whioh the petition is filed, and the determination of a majority of such Magistrates shall be sufficent. 4. The petition shall allege the specific grounds on which the complaint is founded, and no other grounds than those stated shall be investigated, provided that in the case of an election evidonce may be given to prove that the election of any candidate (other than the candidate whose election is potitionod against) would be invalid in the same manner as if the petition had complained of his election. 5. The enquiry should be held within fourteen days after tho filing of tho petition, and not less than seven days’ publio notico shall be given of the time and place at which tho enquiry will be held. 6. For the purposes of the enquiry the Magistrates or Magistrate (hereinafter referred to as “ The Court ”) shall have and may exercise all the powers of citing parties, compelling evidence, and maintaining the prder he would have in his ordinary jurisdiction, gnjj in addition may at any during the enquiry direct a recount or scrutiny of the votes given at tho election or poll, and shall disallow the vote of every person who (a) has votod not being entitled to vote, or (b) has given more votes than he was entitled to give as the Court shall determine, whether by reason of some irregularity tjjat in its opinion tended materially to affeot the result of tho election or poll, the election or poll is void, or whether in the case of an olection the candidate whose eleotion is complained of, or any and what other candidate whose eleotion is complained of, or any and what other candidate was duly elected, or whether in the ease of a poll not being an election, any and what proposal was duly carried, such determination shall be final. 8. (1) On any such enquiry the Court may report in writing to the Minister of Justice tho names of all persons found to have been guilty of any irregularity at or in connection with the election or poll, and shall state in such report whether or not in its opinion any such irregularity tended to defeat the fairness of the election or poll, and whether or not such irregularity tended materially to affect the result thereof. (2) Evory person so named shall be liable (a) whore the irregularity tended in the opinion of the Court materially to affect the result of the olection or poll to a fine not exceeding one hundred pounds, or (b) where such irregularity did not in the opinion of the Court tend materially to affect tho result, but tended to defeat the fairness of the eleotion or poll, to a fine not exceeding twenty pounds, or (c) where such irregularity did not in the opinion of the Court tend either materially to affeot the result or to defeat the fairness of the election or poll, to a fine not exceeding five pounds. 9. At any licensing poll every person shall be deemed to be guilty of an irregularity within tho meaning of section 8 horeof who (a) in any way interferes with any elector either in the polling booth, or while on his way thereto, with the intention of influencing him, or advising him as to his vote, or (b) prints or distributes or delivers to any person on tho day of the poll or at any time during the three days preceding the

ppll anything being or purporting to be in imitation oi any, voting-paper to be used at the poll, or having thereon the is«ue to be decided at the poll, together with any direction or indication as to how any person should vote, or in any way contain-

ing any such direction or indication, or (c) during the hours in which the poll is being taken makes any public demonstration having reference to the poll by means of living figures, effigies, paintings, placards, or other like means, or (d) obtains possession of any voting-paper other than the one given him by the returningofficer for the purpose of recording his vote, or retains any voting-paper in his possession after leaving the polling-booth, or (e) does or omits to do any act that if done or omitted to be done at tin electoral poll would be an offence under either Part 11. or Part 111. of the “ The Electoral Act, 1902.” 10. The Court may order that the expenses of and incident to the inquiry shall be borne either by the parties petitioning or by the parties petitioned against, or where it declares the election or poll void on the ground or partly on the ground of any negligence or misfeasance of any re turning-officer or other person acting officially at the election oi noil may order that such expense. l or any part thereof shall he borm by that returning-officer or othci nerson, provided that no such ordci shall be made against any persor who has not been cited as a party or summoned to attend and give e 1 rirnee at the inquiry. 11 Where any election or pol , 1(S ld or taken after the passing o Ibis Act is declared void, a Ires election or poll shall not later tlnu .10 days after the date of such «c claration be held or taken under tb same provisions so far as prac cable as the voided election or poll, and in the case of a licensing poll shall be taken in the manner P ' scribed by “ The Alcoholic Liquor Sale Control Act Amendment Act, 1895,” in the case of a licensing p in a district in which no electoral poll is taken, provided that at any such fresh licensing poll the same electoral roll shall be used as was used at the voided poll. 12 All the provisions of part 3 oi the Electoral Act, 1902, relating to the regulation of elections under wiat Act shall, mutatis mutandis, apply to licensing, polls. . . 13, Sections 48 to 56 of the principal Act are hereby repealed,.