The Elections Act, 2006

The Elections Act, C.C.S.M. c. E30 (Assented to June 13, 2006) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions 2 Establishing identity 3 Providing documents to election officials 4 Oaths PART 2 DEMOCRATIC RIGHTS 5 Eligible voters 6 One vote 7 General rules for determining residency 8 Losing Manitoba residency 9 Temporary residence in Manitoba 10 Persons with no fixed address 11 Inmates 12 Additional eligible voters 13 Time to vote 14 Leave without pay 15 Request for leave 16 Number of volunteers 17 When leave can begin 18 Exemption if leave seriously detrimental 19 Decision maker re exemption 20 Contribution to benefit plans may continue 21 Complaints PART 3 CHIEF ELECTORAL OFFICER 22 Appointment process 23 Appointment of chief electoral officer 23.1 Term of office 24 Remuneration 25 Impartiality 26 Suspension or removal 27 Responsibilities of CEO 28 Power to adapt Act 28.1 Testing of modifications to voting process 29 Public information and education 30 Forms 31 Deputy CEO 32 Reporting to the Assembly PART 4 ELECTION OFFICIALS 33 Who may not be an election official 34 Appointing returning officers 35 Appointing assistant returning officers 36 RO and ARO must be eligible voters 37 Term of appointment 38 Duty to be impartial 39 Replacing a returning officer or assistant returning officer 40 Repealed 41 Voting officers 42-44 Repealed 44.1 Appointing interpreters and office staff 45 Oath of office 46 Replacing person appointed by returning officer 47 Repealed 48 If election official not qualified PART 5 CALLING AN ELECTION 49 Order calling an election 49.1 Fixed date election subject to power of Lieutenant Governor 50 Issuing the writ 51 Notice of election 52 Postponing an election in an electoral division PART 6 CANDIDATES 53 Who may be nominated 54 Candidate in only one electoral division 55 Nomination requirements 56 Closing day for nominations 57 Verifying the nominations 58 Party to provide names of endorsed candidates 59 Notice to CEO 60 Acclamation 61 Withdrawal of candidate 62 Death of candidate 63 Replacing an official agent PART 6.1 REGISTER OF VOTERS 63.1 Establishing the register 63.2 Updating the register 63.3 Sources of information 63.4 Voter may apply to be registered 63.5 Removing names 63.6 Personal security protection 63.7 Agreements on information 63.8 Voter information from register sent to parties and MLAs 63.9 Protection of voters list PART 7 VOTERS LISTS DIVISION 1 — VOTING AREAS 64 Voting areas DIVISION 2 — TARGETED REGISTRATION 65 Targeted registration to update register 66 Registration agents 67 Updating the register 68-73 Repealed DIVISION 3 — PRELIMINARY VOTERS LIST 74 CEO to provide RO with preliminary voters list 75 Copies of preliminary voters lists to candidates 76 Preliminary list available for inspection 76.1 Voter information card DIVISION 4 — REVISION 77 Revision period 78 Public notice of revision 79 Contacting voters not on preliminary voters list 80 Repealed 81 Candidate's representatives 82 Applications for revision 83 Application for relative 84 Decision on application 85 Objections 86 Other changes during revision 87 Record of revision 88 Close of revision 89 Revised voters list 90 Appeals 91 Repealed 92 Change of residence after revision DIVISION 5 — OFFICIAL VOTERS LIST 93 Official voters list 94-97 Repealed PART 8 PREPARING FOR AN ELECTION DIVISION 1 — BALLOTS, BALLOT BOXES AND VOTE COUNTING MACHINES 98 Regular ballots 99 Write-in ballots 100 Ballots to voting officers 101 Ballot boxes 101.1 CEO may direct use of vote counting machines 102 Delivery of election materials DIVISION 2 — VOTING PLACES AND STATIONS 103 Establishing voting places 104 Voting stations 105 Use of schools 106 New voting place if needed 107 Repealed 108 Voting compartment requirements 109 Voting directions and notice of secrecy PART 9 REGULAR VOTING ON ELECTION DAY DIVISION 1 — OPERATION OF REGULAR VOTING STATIONS ON ELECTION DAY 110 Voting hours 111 Election materials and ballot box 112 Voting book 113 Who may be present at voting station 114 Scrutineers 114.1 Information for candidates and parties as to who has voted DIVISION 2 — VOTING AT REGULAR VOTING STATIONS ON ELECTION DAY 115 Applying for ballot 116 Challenging a voter 117 Voting by regular ballot 118 Repealed 119 Voter requiring assistance 120 Interpreters 121 Allowing voter to vote outside 122 Spoiled ballot 123 Secrecy of voting DIVISION 3 — POLITICAL ACTIVITIES AT VOTING PLACES 124 Prohibition on political activities PART 10 SPECIAL VOTING OPPORTUNITIES DIVISION 1 — ADVANCE VOTING 125 Advance voting generally 126 Mobile advance voting 127 Repealed 128 List of advance voters 129 Advance voting 130 Notice to returning officer 130.1 Transfer of ballots to returning officer 131 Counting the advance vote 132-135 Repealed 136 Treatment of late advance ballots DIVISION 2 — INSTITUTIONAL VOTING 137 Institutional voting stations 138 Ballots — institutional vote 139 Write-in ballot voting procedure 140 Counting institutional vote DIVISION 3 — MOBILE VOTING STATIONS 141 Mobile voting stations 142 Counting the mobile vote DIVISION 4 — ABSENTEE VOTING 143 Eligible absentee voters 144 Absentee voter registry 145 Decision about eligibility 146 Absentee voting package 147 How to vote 148 Late absentee ballots 149 Treatment of absentee ballots 150 Counting the absentee vote DIVISION 5 — HOMEBOUND VOTING 151 Eligible homebound voters 152 Homebound voting package 153 How to vote 154 Late homebound ballots 155 Treatment of homebound ballots 156 Counting the homebound vote PART 11 COUNTING THE VOTE 157 Closing the voting station 158 Counting the vote 159 Steps to follow — with vote counting machine 159.1 Steps to follow — without vote counting machine 159.2 Counting ballots cast in returning office on election day 160 RO to do final tally of votes 161 Steps to follow 162 Declaration of candidate elected 163 Postponing declaration of election 164 Opening ballot box or transfer box to retrieve information PART 12 JUDICIAL RECOUNT 165 Application to court 166 Recount within two weeks 167 Recount process 168 Certificate of recount results 169 Appeal 170 New election if tie vote PART 13 RETURN OF THE WRIT AND REPORT OF ELECTION RESULTS 171 Return of the writ 172 Election material returned to CEO 173 Report on conduct of election 174 Report to Clerk of the Assembly 175 Publication of detailed election information 176 Final voters lists given to parties 177 Keeping and archiving election documents PART 14 OFFENCES 178 Bribery 179 Force and intimidation 180 Voting offences 181 Repealed 181.1 Impersonation of officials and others 182 Offences relating to election officials 182.1 Publishing false election information 182.2 Publishing false statement about candidate or leader 182.3 Publishing false statement about election official or voting administration tools 182.4 Publishing unauthorized material or information 182.5 Use of deep fake to influence or undermine confidence in election 182.6 Stop notice 182.7 Penalty notice — failure to stop 182.8 Application to court for relief 182.9 No offence to be charged if penalty paid 183 Miscellaneous offences 184 Offences for other contraventions 185 Penalties 186 Investigations by commissioner 186.1 Notice of investigation 187 Prosecutions 187.1 Injunctions 187.2 Compliance agreements 187.3 If agreement complied with 187.4 When prosecution may be commenced or continued 187.5 Dismissal of proceedings 187.6 Publication PART 15 CHALLENGING AN ELECTION 188 Applications 189 Parties to application 190 Court procedure 191 Decision 192 Appeal 193 Report to Speaker PART 16 MISCELLANEOUS PROVISIONS 194 Election officials to keep order 195 Access for campaigning 196 Election signs 196.1 Preparations for new electoral divisions 197 Protection from liability 198 Confidentiality 199 Records of CEO 200 Advisory committee 201 Election expenses paid out of Consolidated Fund 202 Amendments do not apply for 90 days 203 Regulations PART 17 CONSEQUENTIAL AMENDMENTS 204-207 Consequential amendments to other Acts PART 18 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 208 Repeal 209 C.C.S.M. reference 210 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS DEFINITIONS Definitions 1 The following definitions apply in this Act. "ballot transfer box" means a box used to deliver ballots and other election materials to the returning officer at the close of voting. (« urne de transmission des bulletins ») "by-election" means an election other than one conducted as part of a general election. (« élection partielle ») "candidate" means a person whose nomination as a candidate in the election has been accepted under subsection 57(2). (« candidat ») "close of nominations" means the deadline for receiving nominations referred to in subsection 56(2). (« clôture des mises en candidature ») "closing day for nominations" means the day referred to in subsection 56(1). (« date limite de mise en candidature ») "commissioner" means the commissioner appointed under subsection 186(1) to ensure that this Act is complied with and enforced. (« commissaire ») "community" means a geographic area that has an elected or appointed government, leadership or council with jurisdiction to pass rules, regulations or by-laws on matters of local concern. (« collectivité ») "constituency association" means an association or group that, in relation to a registered political party, (a) is recognized by the party as its official association in an electoral division; or (b) holds itself out as the official association of the party in an electoral division. (« association de circonscription ») "correctional facility" means (a) a prison or other facility in which persons sentenced to imprisonment are detained, including a halfway house; or (b) a facility in which persons awaiting trial are detained. (« établissement correctionnel ») "court" means the Court of King's Bench. (« tribunal ») "declined" , in relation to a ballot, means a ballot that a voter has either not marked for any candidate or has marked "declined". (« refusé ») "election" means an election of a person to serve as a member of the Assembly. (« élection ») "election day" means the day set for an election under clause 49(1)⁠(c). (« jour du scrutin ») "election official" means a returning officer, assistant returning officer, senior voting officer, voting officer or registration agent appointed under this Act. (« fonctionnaire électoral ») "election period" means the period starting on the day an election is called and ending on election day. (« période électorale ») "Elections Manitoba" means the office administered by the chief electoral officer. (« Élections Manitoba ») "electoral division" means an electoral division established under The Electoral Divisions Act . (« circonscription électorale ») "eligible voter" means a person who is eligible under Part 2 to vote in an election. (« électeur admissible ») "final voters list" means the voters list referred to in section 176. (« liste électorale définitive ») "fixed date election" means a general election held on a fixed date under section 49.1. (« élections à date fixe ») "general election" means the simultaneous holding of elections in all electoral divisions. (« élections générales ») "health care facility" means (a) a hospital, including a facility as defined in The Mental Health Act ; or (b) a personal care home as defined in The Health Services Insurance Act ; (c) [repealed] S.M. 2025, c. 11, s. 2 . (« établissement de soins de santé ») "official agent" means the person appointed by a candidate as his or her official agent in the candidate's nomination documents under section 55. (« agent officiel ») "official voters list" means the voters list prepared under section 93. (« liste électorale officielle ») "organization" includes, in section 124 and Part 14, a political party, constituency association, trade union, partnership and an unincorporated association, but does not include a corporation. (« organisation ») "political party" means an association, organization or affiliation of voters comprising a political organization whose primary purpose is the nomination and support of candidates at elections. (« parti politique ») "pre-election period" means the 90-day period before the start of the election period of a fixed date election. (« période préélectorale ») "preliminary voters list" means the voters list prepared under section 74. (« liste électorale préliminaire ») "prescribed" means prescribed by the chief electoral officer. (« officiel ») "register of voters" or "register" means the register of voters established under section 63.1. (« registre des électeurs » ou « registre ») "registered political party" means a political party registered under The Election Financing Act . (« parti politique inscrit ») "regular voting station" means a voting station that operates only on election day, other than an institutional voting station or remote mobile voting station. (« bureau de scrutin ordinaire ») "residential address" for a voter in a rural area means the voter's geographic location. (« adresse résidentielle ») "returning office" means the office of a returning officer. (Version anglaise seulement) "revised voters list" means the voters list prepared under section 89. (« liste électorale révisée ») "revision period" means the period set out in section 77, during which applications for revision of the preliminary voters list are considered. (« période de révision ») "rural voting area" means a voting area that is not an urban voting area. (« section de vote rurale ») "scrutineer" means a person referred to in subsection 114(1). (« représentant d'un candidat » ou « représentant ») "urban voting area" means a voting area in which a significant majority of the eligible voters reside in a city, town, village or other population centre. (« section de vote urbaine ») "vote counting machine" means any equipment attached to a ballot box that scans a ballot to record the vote of a voter and tabulate the results of the election. (« appareil de dépouillement du scrutin ») "voters list" means a list of eligible voters. (« liste électorale ») "voting area" means an area of an electoral division established as a voting area under section 64. (« section de vote ») "voting book" means the voting book required by section 112, whether in electronic form or otherwise. (« registre du scrutin ») "voting place" means a building in which one or more voting stations are located. (« centre de scrutin ») "voting station" means a place where a person receives and marks his or her ballot in an election. (« bureau de scrutin ») "writ" means a writ of election issued by the chief electoral officer under section 50. (« décret électoral ») S.M. 2008, c. 43, Sch. B, s. 2 ; S.M. 2012, c. 35, Sch. A, s. 118 ; S.M. 2017, c. 35, s. 2 ; S.M. 2022, c. 5, s. 2 ; S.M. 2023, c. 19, s. 90 ; S.M. 2025, c. 11, s. 2 ; S.M. 2025, c. 46, s. 14 . HOW TO ESTABLISH IDENTITY Establishing identity 2(1) A person who is required to establish his or her identity under this Act may do so by providing (a) an official document issued by a federal, provincial or municipal government, or an agency of that government, that contains the person's name and photograph; or (b) two documents authorized by the chief electoral officer that contain the person's name. Declaration as to address 2(2) If none of the documents provided under subsection (1) contains the person's current address, the person must make a signed declaration as to his or her current address. Notice re authorized documents 2(3) Each year, and within three days after a writ of election is issued, the chief electoral officer must publish a notice setting out the types of documents that are authorized for the purpose of clause (1)⁠(b), one of which must be the voter information card under section 76.1. S.M. 2017, c. 35, s. 3 . DOCUMENTS AND OATHS Providing documents to election officials 3(1) When documents relating to an application, nomination or objection must be provided to an election official under this Act, they may be given personally to the official or sent by mail or another method acceptable to the chief electoral officer. 3(2) [Repealed] S.M. 2017, c. 35, s. 4 . S.M. 2017, c. 35, s. 4 . Who can administer an oath 4(1) An oath required under this Act may be administered by a person authorized to administer oaths under The Manitoba Evidence Act or by the chief electoral officer, the deputy chief electoral officer or an election official. Signature requirements 4(2) An oath must be signed by the person making the oath and by the person administering it. No fee 4(3) An oath must be administered free of charge. PART 2 DEMOCRATIC RIGHTS WHO CAN VOTE Eligible voters 5 A person may vote in an election if he or she is a Canadian citizen who (a) will be at least 18 years old on election day; (b) has resided in Manitoba for at least six months immediately before election day; and (c) is a resident of the electoral division in which the election is being held. One vote 6 A person may vote only once in an election. RESIDENCY General rules for determining residency 7 The following general rules apply in determining a person's residence under this Act: 1. A person is a resident of the place where he or she has his or her ordinary residence, and to which he or she intends to return when away from it. 2. A person may be a resident of only one place at a time. 3. A person does not change residence until he or she has a new residence. Losing Manitoba residency 8 A person ceases to be a resident of Manitoba when he or she (a) leaves Manitoba with the intention of becoming a resident of another place for a period of at least six months; or (b) subject to section 12, has been absent from Manitoba for a continuous period of six months or more, even if he or she intends to return to Manitoba. Temporary residence in Manitoba 9(1) If a Manitoba resident temporarily resides in a place in Manitoba to allow him or her to (a) attend an educational institution for a course of instruction of six months or longer; or (b) pursue his or her ordinary occupation in a situation that is expected to last for six months or longer; that temporary residence is deemed to be his or her residence from the date the person begins to reside there. Summer residences 9(2) A residence that is generally occupied by a person only between May and October but that is generally unoccupied between November and April will not be considered to be the person's residence unless the person does not have another residence in Manitoba where he or she resides between November and April. Persons with no fixed address 10(1) A person who does not have an ordinary residence is deemed to reside at the shelter, hostel or similar institution that most frequently provides food, lodging or other social services to the person. Declaration 10(2) A person who does not have an ordinary residence must make a signed declaration respecting the place that most frequently provides food, lodging or other social services to the person in order to establish a deemed residence under subsection (1). Inmates 11 The following rules apply in determining the residence of an inmate of a correction facility: 1. An inmate is deemed to be a resident of the electoral division in which he or she resided immediately before being imprisoned. 2. An inmate who did not have an ordinary residence in Manitoba immediately before being imprisoned is deemed to reside in the electoral division in which the inmate's correctional facility is located. Additional eligible voters 12(1) Despite section 5, a person who leaves Manitoba and intends to return and reside in the province is eligible to vote in an election if he or she is a Canadian citizen who (a) will be at least 18 years old on election day; (b) is absent from Manitoba on election day (i) while serving as a member of the Canadian Forces, (ii) while engaged in the service of the Government of Canada or the Government of Manitoba, (iii) while attending an educational institution, (iv) while engaged as an employee of an international organization of which Canada is a member, or (v) because he or she is living with a person referred to in any of subclauses (i) to (iv); and (c) immediately before leaving Manitoba in any of the circumstances described in clause (b), (i) had resided in Manitoba for at least six months, and (ii) resided in the electoral division in which the election is being held. Definition 12(2) In this section, "member of the Canadian Forces" means (a) a member of the regular force or a special force of the Canadian Forces; or (b) a member of the reserve force of the Canadian Forces who is on full-time training or active service. TIME OFF WORK TO VOTE Time to vote 13(1) During voting hours on election day, an employee who is an eligible voter is entitled to three consecutive hours free from work to vote. Time off work to vote 13(2) If the employee's hours of work do not provide the three consecutive hours referred to in subsection (1), his or her employer must, at the employee's request, give the employee such additional time off work as is necessary to provide those three consecutive hours. Employer may select time 13(3) The required time off work may be selected by the employer at his or her discretion. Prohibitions 13(4) An employer must not reduce the pay of an employee, or impose any other penalty, for time taken off work under this section. LEAVE TO PARTICIPATE IN ELECTIONS Leave without pay 14 To permit citizen participation in the democratic process, every employer must, if requested, grant a leave without pay to an employee who (a) is a candidate; (b) has been appointed as an election official; or (c) has been named as an election volunteer by a candidate or a registered political party. S.M. 2017, c. 35, s. 5 . Written request 15(1) To request a leave, the employee must apply in writing to his or her employer at least five days before the requested leave is to begin. Notice of employer's right to request exemption 15(2) The request must include a statement that, within three days after receiving the request, the employer has the right to apply to the Manitoba Labour Board for an exemption to the requirement to grant the leave. Timing of request 15(3) A request for a leave may be made either before or after an election is called. Part-time leave 15(4) An employee may request either a full-time or part-time leave. If the leave is part-time, the request must specify the days and hours of the leave requested. Employer may require confirmation 15(5) The employer may require the employee to provide written confirmation that he or she is eligible for a leave under section 14. Number of volunteers for candidate 16(1) A candidate in an election may name no more than two election volunteers. Number of volunteers for party 16(2) In the case of a general election only, a registered political party may name no more than 20 election volunteers. When leave can begin 17(1) A leave must not begin (a) in the case of a fixed date election, (i) until 75 days before election day, for a returning officer, assistant returning officer or registration agent, or (ii) until the election is called, for a candidate or election volunteer, or for an election official other than a returning officer, assistant returning officer or registration agent; or (b) in the case of any other election, until the election is called. When leave ends for returning officers 17(2) A leave for a returning officer or assistant returning officer must not extend beyond 14 days after election day. When leave ends for election officials and volunteers 17(3) In the case of an election official other than a returning officer or assistant returning officer, or in the case of an election volunteer, a leave ends as follows: (a) for an election official, when the person's duties under this Act are completed; (b) for an election volunteer, on election day. When leave ends for candidate 17(4) Unless ended earlier by the candidate, a leave for a candidate ends as follows: (a) if the person withdraws as a candidate, the day after the withdrawal; (b) in any other case, the day after election day. S.M. 2008, c. 43, Sch. B, s. 3 ; S.M. 2015, c. 44, s. 2 ; S.M. 2017, c. 35, s. 6 . Exemption if leave seriously detrimental 18(1) An employer may request an exemption from the requirement to grant a leave under section 14 if the employer believes that the leave would be seriously detrimental to the employer's operations. Application for exemption 18(2) To request an exemption, the employer must apply in writing to the chairperson of the Manitoba Labour Board within three days after receiving the request for leave under section 15. Decision maker 19(1) When an application is received, the chairperson of the Manitoba Labour Board and the chief electoral officer must together appoint a person to decide the application on an urgent basis. If possible, they must appoint a retired judge. Procedure 19(2) The person appointed need not hold an oral hearing but may instead make a decision on the basis of written submissions. Decision final 19(3) The decision of the person appointed is final and binding and is not subject to appeal. Contribution to benefit plans may continue 20(1) An employee who participates in a plan for pension, medical or other benefits may continue to contribute to that plan while on leave, if he or she (a) makes a written request to his or her employer before or immediately after the leave begins; and (b) pays to the plan both the employee's and the employer's contributions or premiums. Right to reinstatement 20(2) At the end of a leave, the employer must reinstate the employee to the position occupied immediately before the leave began or a comparable position, with no less pay and other benefits than the employee was entitled to immediately before the leave began. Service continuous 20(3) For the purpose of vacation entitlements and pension and other benefits, the employment of an employee who has taken a leave is deemed to be continuous. Employer's obligations 20(4) An employer must not, because of a leave taken by an employee, (a) dismiss, lay off, suspend, demote or transfer the employee; or (b) give the employee less favourable conditions of employment than he or she is entitled to, or diminish any benefit related to the employment that the employee is entitled to. Complaints 21 An employee who alleges a contravention of section 14 or 20 may make a complaint to the Manitoba Labour Board under subsection 30(1) of The Labour Relations Act . The matter must be dealt with as an unfair labour practice under that Act. PART 3 CHIEF ELECTORAL OFFICER APPOINTING A CHIEF ELECTORAL OFFICER Appointment process 22 If at any time the office of chief electoral officer (a) will become vacant within six months because the term of office is scheduled to expire or the chief electoral officer has resigned; or (b) has become vacant for any other reason; the President of the Executive Council must, within one month after that time, convene a meeting of the Standing Committee on Legislative Affairs and the Standing Committee must, within six months after that time, consider candidates for the office and make a recommendation to the Assembly. S.M. 2015, c. 14, s. 3 ; S.M. 2017, c. 26, s. 35 ; S.M. 2022, c. 20, s. 3 . Appointment of chief electoral officer 23(1) A person shall be appointed as chief electoral officer by resolution of the Assembly. Committee recommendation required 23(2) A person may be appointed as the chief electoral officer only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs. Officer of the Assembly 23(3) The chief electoral officer is an officer of the Assembly. S.M. 2022, c. 20, s. 3 . Term of office 23.1(1) Subject to subsection (2), the chief electoral officer is to hold office for a term of 10 years and may be reappointed for further terms of 10 years each. Extension 23.1(2) The Lieutenant Governor in Council may extend the term of the chief electoral officer for a period of not more than 12 months, if satisfied an extension is reasonably necessary to ensure that the chief electoral officer is able to undertake or complete their responsibilities in respect of a general election. Application 23.1(3) Subsection (1) applies only to a person appointed as chief electoral officer after the coming into force of this section. S.M. 2022, c. 20, s. 3 ; S.M. 2025, c. 46, s. 15 . Remuneration 24(1) Subject to this section, the salary and benefits of the chief electoral officer are to be determined by the Legislative Assembly Management Commission. No reduction in salary 24(2) The salary of the chief electoral officer must not be reduced except by a resolution of the Assembly carried by a vote of 2/3 of the members voting. Pension 24(3) The chief electoral officer is an employee within the meaning of The Civil Service Superannuation Act . S.M. 2021, c. 11, s. 82 ; S.M. 2022, c. 20, s. 3 . Impartiality 25 The chief electoral officer must not vote in an election, and must not engage in partisan political activities. REMOVING OR SUSPENDING A CHIEF ELECTORAL OFFICER Suspension or removal 26(1) The chief electoral officer may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly. Suspension if Assembly not sitting 26(2) If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the chief electoral officer for cause. Length of suspension 26(3) A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect. S.M. 2022, c. 20, s. 3 . RESPONSIBILITIES OF THE CHIEF ELECTORAL OFFICER Responsibilities of CEO 27 The chief electoral officer must (a) exercise general direction and supervision over the conduct of elections; (b) ensure that election officials carry out their duties fairly and impartially and in compliance with this Act; (c) give election officials any instructions that the chief electoral officer considers necessary to administer this Act; and (d) perform any other duties required by this Act or any other Act. Power to adapt Act 28(1) The chief electoral officer may (a) extend the time for doing anything under this Act; (b) increase the number of election officials; (c) increase the number of voting stations; (d) omit or vary a prescribed form to suit existing circumstances; (e) modify a provision of this Act to permit its use at a by-election; and (f) generally, adapt the provisions of this Act to existing circumstances. Limit on power to adapt 28(2) The chief electoral officer may not extend the hours for opening or closing a regular or advance voting station, or for accepting nominations. S.M. 2017, c. 35, s. 7 . Testing of modifications to voting process 28.1(1) Subject to subsection 28(2), the chief electoral officer may, in consultation with the advisory committee established under section 200, direct that the voting process established by this Act be modified in accordance with this section. Objectives 28.1(2) The objectives of modifications under this section are (a) to improve the voting process for voters; (b) to achieve administrative efficiencies; and (c) to maintain the integrity of the voting process. 28.1(3) [Repealed] S.M. 2022, c. 5, s. 3 . Proposal to modify voting process 28.1(4) Before directing a modification to the voting process under this section, the chief electoral officer must submit a written proposal to the Speaker describing the proposed modification. Content of proposal 28.1(4.0.1) The chief electoral officer's proposal must (a) identify the electoral division or divisions to which the modification is to apply; (b) set out the time period during which the modification is to apply; and (c) specify any provisions of this Act that will not be complied with and the nature of the non-compliance. Tabling of proposal 28.1(4.1) The Speaker must table the proposal in the Assembly without delay if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins. Referral to Standing Committee 28.1(4.2) A proposal stands referred to the Standing Committee of the Assembly on Legislative Affairs. The Committee must begin considering the proposal within 60 days after it is tabled in the Assembly. Approval of Standing Committee 28.1(5) If the Standing Committee approves the proposal, with or without changes, the chief electoral officer may direct that the voting process be modified in accordance with the approval. 28.1(6) [Repealed] S.M. 2022, c. 5, s. 3 . Reporting 28.1(7) When modifications have been made under this section, the chief electoral officer must include a report on the modifications in any report the chief electoral officer makes about the conduct of the election or in the next annual report. Validity of election 28.1(8) An election held in accordance with this section is not invalid by reason of any non-compliance with this Act that is authorized by the chief electoral officer's direction. S.M. 2017, c. 35, s. 8 ; S.M. 2021, c. 48, s. 7 ; S.M. 2022, c. 5, s. 3 . Public information and education 29 The chief electoral officer may at any time (a) provide the public with information about the electoral process, the right to vote, the right to be a candidate and the operation of this Act; and (b) implement public education and information programs to make the electoral process better known to the public, particularly to those persons and groups most likely to experience difficulties in exercising their democratic rights. Forms 30(1) The chief electoral officer may prescribe forms for use under this Act. Notices and other documents 30(2) The chief electoral officer may decide the form and content of notices and other documents under this Act, and the way in which they are to be published when publication is required. Electronic documents 30(3) With the approval of the chief electoral officer, a form, document or other information that is required to be filed with or provided to the chief electoral officer or an election official under this Act may be filed or provided in electronic form, and an electronic signature may be used to satisfy any signature requirement in respect of such a filing or the provision of such information. Public notice by CEO 30(4) The chief electoral officer must publish on the Elections Manitoba website a list of the forms, documents and other information that are approved for the purpose of subsection (1). S.M. 2021, c. 48, s. 7 . APPOINTING A DEPUTY CHIEF ELECTORAL OFFICER AND OTHER STAFF Deputy CEO 31(1) On recommendation of the chief electoral officer and with the prior approval of the Legislative Assembly Management Commission, a deputy chief electoral officer may be appointed under section 58 of The Public Service Act . Deputy to act in place of CEO 31(2) If the chief electoral officer is absent or unable to act or if the office is vacant, the deputy chief electoral officer must act in his or her place. When doing so, the deputy has all the powers of the chief electoral officer. Salary in certain cases 31(2.1) If the deputy chief electoral officer has assumed the chief electoral officer's responsibilities for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the deputy be paid a salary within the same range as the chief electoral officer's salary. Staff 31(2.2) Officers and employees necessary to enable the chief electoral officer to perform the duties of their office must be appointed under section 58 of The Public Service Act . Pension 31(2.3) The deputy chief electoral officer and the officers and employees referred to in subsection (2.2) are employees within the meaning of The Civil Service Superannuation Act . Impartiality of staff 31(3) The deputy chief electoral officer and other officers and employees employed under the chief electoral officer must not engage in partisan political activities. S.M. 2021, c. 11, s. 82 ; S.M. 2022, c. 20, s. 3 ; S.M. 2024, c. 35, s. 70 . REPORTING TO THE ASSEMBLY Reports to the Assembly 32(1) The chief electoral officer must present the following reports to the Speaker of the Assembly: (a) an annual report on the work done under the direction of the chief electoral officer under this Act; (b) after each election, a report about the conduct of the election. Amendments 32(2) A report may include recommendations for amendments to this Act. Tabling the report 32(3) The Speaker must table a report in the Assembly without delay if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins. Referral to standing committee 32(4) A report that contains recommendations about amendments to this Act stands referred to the Standing Committee of the Assembly on Legislative Affairs. The Committee must begin considering the report within 60 days after it is tabled in the Assembly. Report may be combined with Election Financing report 32(5) A report may be combined with the annual report required under section 107 of The Election Financing Act . S.M. 2012, c. 35, Sch. A, s. 118 . PART 4 ELECTION OFFICIALS WHO MAY NOT BE AN ELECTION OFFICIAL Who may not be an election official 33 The following persons may not be appointed and may not act as an election official: (a) a member of the Assembly or the Executive Council; (b) a member of the House of Commons or the Senate of Canada; (c) a judge of any court or a justice of the peace; (d) a candidate; (e) a person who has been convicted of an offence under this Act; (f) a person who, within five years before the proposed appointment, (i) was convicted of an indictable offence, or (ii) served any part of a term of imprisonment for an indictable offence. S.M. 2017, c. 35, s. 9 . RETURNING OFFICERS AND ASSISTANT RETURNING OFFICERS Appointing returning officers 34(1) For each electoral division, the chief electoral officer must appoint a returning officer to be responsible for the conduct of any election in that division. Appointment based on merit 34(2) The appointment of a returning officer is to be based on merit. Notice of appointment 34(3) The chief electoral officer must publish on the Elections Manitoba website a notice of each appointment of a returning officer. The notice is to remain on the website until the appointment ends or another returning officer is appointed for the same electoral division. S.M. 2013, c. 39, Sch. A, s. 49 ; S.M. 2015, c. 44, s. 3 . Appointing assistant returning officers 35(1) For each electoral division, the chief electoral officer must appoint one or more assistant returning officers to assist the returning officer. If RO absent 35(2) If the returning officer is absent or unable to act, or if the office is vacant, the assistant returning officer — or if there is more than one, the one designated by the chief electoral officer — must act as the returning officer. RO and ARO must be eligible voters 36(1) The returning officer and each assistant returning officer must be eligible voters of the electoral division, except where an appointment must be made in an emergency or another special circumstance. If RO or ARO ceases to reside in division 36(2) A returning officer or assistant returning officer who ceases to reside in the electoral division for which he or she is appointed must promptly notify the chief electoral officer, in writing. The appointment ends three months after residency ceases, unless before that date the officer resigns or the appointment is rescinded. Term of appointment 37(1) The appointment of a returning officer or assistant returning officer ends six months after the day a candidate is declared elected in the electoral division. Re-appointment 37(2) A person may be re-appointed as a returning officer or assistant returning officer if his or her performance has been satisfactory. Duty to be impartial 38 Once appointed, a returning officer or assistant returning officer must not (a) be a member or employee of a registered political party, a political party or a constituency association, or hold a position with or contribute to any of them; (b) be an employee of a candidate or a person seeking to be a candidate, or hold a position with or contribute to either of them; or (c) engage in partisan political activities of any other kind. Replacing a returning officer or assistant returning officer 39 The chief electoral officer may rescind the appointment of a returning officer or an assistant returning officer and appoint a replacement if the chief electoral officer is satisfied that the officer (a) is unable to perform his or her duties for any reason; (b) has failed to perform his or her duties satisfactorily; (c) has not followed an instruction of the chief electoral officer; or (d) after being appointed, engaged in partisan political activities, whether or not in the course of performing duties under this Act. 40 [Repealed] S.M. 2008, c. 43, Sch. B, s. 4 . VOTING OFFICERS Appointing voting officers 41(1) When an election is called for an electoral division, the returning officer must appoint one or more voting officers for each voting station. Exception 41(2) The returning officer or the assistant returning officer may act as a voting officer for an advance voting station or a regular voting station located in the returning office. Senior voting officer 41(3) The returning officer may appoint a senior voting officer to supervise and assist all the election officials at a voting place. S.M. 2017, c. 35, s. 10 ; S.M. 2022, c. 5, s. 5 ; S.M. 2025, c. 46, s. 16 . 42 [Repealed] S.M. 2017, c. 35, s. 11 ; S.M. 2022, c. 5, s. 6 . 43 [Repealed] S.M. 2017, c. 35, s. 12 ; S.M. 2022, c. 5, s. 7 . 44 [Repealed] S.M. 2022, c. 5, s. 7 . OTHER STAFF Appointing interpreters and office staff 44.1 When an election is called for an electoral division, the returning officer may (a) appoint persons to perform administrative duties at the returning office; (b) appoint an interpreter to translate any information required to be provided under this Act; and (c) appoint information officers to direct and assist voters at a voting place. S.M. 2015, c. 44, s. 4 ; S.M. 2022, c. 5, s. 8 . GENERAL PROVISIONS Oath of election officials 45(1) Upon being appointed, an election official must take an oath of office in the prescribed form. Oaths sent to chief electoral officer 45(2) Each oath must be sent to the chief electoral officer. Second oath not required 45(3) If an election official must assume the responsibilities of another election official for any reason, another oath is not required. S.M. 2017, c. 35, s. 13 . Replacing person appointed by returning officer 46(1) In any of the circumstances mentioned in section 39, a returning officer may (a) rescind the appointment of a person whom the returning officer appointed under this Act; and (b) appoint a replacement. Order to deliver material 46(2) An election official whose appointment is rescinded must deliver any material in his or her possession to the person specified by the authority rescinding the appointment. S.M. 2015, c. 44, s. 5 ; S.M. 2017, c. 35, s. 14 . 47 [Repealed] S.M. 2017, c. 35, s. 15 . If election official not qualified 48 If a person who is not qualified is appointed as an election official, no action taken by the person is invalid solely because he or she was not qualified. S.M. 2017, c. 35, s. 16 . PART 5 CALLING AN ELECTION WRIT OF ELECTION Order calling an election 49(1) To call an election, the Lieutenant Governor in Council must make an order that does the following: (a) directs the chief electoral officer to issue a writ of election, in the prescribed form, to the returning officer for each electoral division in which an election is to be held; (b) sets the date the writ is to be issued; (c) sets as election day a Tuesday (i) that is 28 days after the date the writ is issued, in the case of a fixed date election, or (ii) that is at least 28 days but no more than 34 days after the writ is issued, in the case of any other election. General election day 49(2) In the case of a general election, election day must be the same for all electoral divisions. General election cancels by-election 49(3) If a general election is called before election day for a by-election that is in progress, the by-election is cancelled and the election for that electoral division is to take place as part of the general election. When non-fixed date elections may be called 49(4) The Lieutenant Governor in Council may make an order calling a general election other than a fixed date election only if (a) the government has lost the confidence of the Assembly; or (b) an order under clause 92(1)⁠(b) of The Election Financing Act has been in effect for at least 32 days immediately before the day the order calling the election is made. S.M. 2008, c. 43, Sch. B, s. 5 ; S.M. 2016, c. 14, s. 2 ; S.M. 2021, c. 32, s. 5 . Powers of Lieutenant Governor preserved 49.1(1) Nothing in subsection 49(4) or this section affects the powers of the Lieutenant Governor, including the power to dissolve the Legislature at the Lieutenant Governor's discretion. General election on first Tuesday in October 49.1(2) Subject to subsection (1), (a) a general election must be held on Tuesday, October 4, 2011, unless a general election has been held between the coming into force of this section and October 3, 2011; and (b) thereafter, a general election must be held on the first Tuesday in October in the fourth calendar year after election day for the last general election. Postponing fixed date election 49.1(3) Despite clause (2)⁠(b), if the election period for a general election to be held in October under that clause will, as of January 1 of the year of the election, overlap with the election period for a general election to be held under subsection 56.1(2) or section 56.2 of the Canada Elections Act , the general election must be held instead on the third Tuesday of April in the next calendar year. S.M. 2008, c. 43, Sch. B, s. 6 ; S.M. 2010, c. 33, s. 15 ; S.M. 2012, c. 35, Sch. B, s. 2 ; S.M. 2021, c. 32, s. 6 . Issuing the writ 50 Upon receiving an order under section 49, the chief electoral officer must (a) issue the writ or writs of election in accordance with the order; and (b) publish a notice of the election indicating the election day, the closing day for nominations, and any other information the chief electoral officer considers necessary. NOTICE OF ELECTION RO to prepare notice of election 51(1) As soon as possible after receiving a writ of election, the returning officer must prepare a notice of the election in the prescribed form that includes the following information: 1. The dates and times at which the returning officer will receive nominations of candidates at the returning office. 2. The deadline for receiving nominations, which is (a) 1:00 p.m. on the Monday that is 22 days before election day, in the case of a fixed date election; or (b) 1:00 p.m.

on the Monday that is 15 days before election day, in the case of any other election. 3. The places, dates and hours for revision of the voters lists. 4. The places, dates and hours for advance voting. 5. The election day. 6. The day on which the returning officer will either declare a candidate elected or announce the date to which the declaration is postponed. 7. A map of the voting areas in the electoral division and a list of the voting places located in the division. Posting the notice 51(2) The returning officer must post a copy of the notice of election in the returning office. S.M. 2008, c. 43, Sch. B, s. 7 ; S.M. 2017, c. 35, s. 17 . POSTPONING AN ELECTION Postponing an election in an electoral division 52 If the chief electoral officer certifies that it is impossible for any reason to close nominations on the day specified in subsection 56(1) or to hold an election in an electoral division on the day set in the order for election, the Lieutenant Governor in Council may order that a new writ be issued and may, despite any other provision of this Act, specify in that order a new closing day for nominations, or a new election day, or both. S.M. 2008, c. 43, Sch. B, s. 8 . PART 6 CANDIDATES WHO MAY BE NOMINATED Who may be nominated 53(1) A person may be nominated as a candidate if he or she is a Canadian citizen who (a) will be at least 18 years old on election day; and (b) has resided in Manitoba for at least six months immediately before election day. Disqualified persons 53(2) As exceptions to subsection (1), none of the following persons may be nominated: (a) a member of the House of Commons or the Senate of Canada or of the Assembly of another province or territory; (b) a member of council of a municipality; (c) a person who may not be nominated under sections 12 to 17 of The Legislative Assembly Act ; (d) an election official for that election; (e) a person who is imprisoned in a correctional institution; (f) a person convicted of an offence under sections 178 to 183 within five years before election day. S.M. 2017, c. 35, s. 18 . Person may be a candidate in only one electoral division 54 A person may be nominated as a candidate in only one electoral division at a time. MAKING A NOMINATION What nomination must include 55(1) A nomination must be in the prescribed form and include the following: 1. A statement by the prospective candidate of (a) his or her legal name and residential address; (b) the name by which he or she is publicly known, if this is different from the legal name and the candidate wishes to have that name on the ballot instead; (c) his or her official agent's name and residential address; (d) an address for serving documents under this Act or The Election Financing Act on the candidate and the official agent if they are different from the addresses given under clause (a) or (c); and (e) the name of any political party that has endorsed the prospective candidate. 2. A signed declaration of the prospective candidate that he or she is qualified to be nominated. 3. A statement by the prospective candidate consenting to the nomination. 4. If the candidate is endorsed by a political party, a statement by the prospective candidate consenting to the endorsement. 5. A statement by the official agent consenting to act in that capacity. 5.1 A statement by the prospective candidate disclosing any offence that they have pleaded guilty to or been found guilty of under (a) the Criminal Code (Canada); (b) the Controlled Drugs and Substances Act (Canada); or (c) The Income Tax Act or the Income Tax Act (Canada) or any other law related to financial dishonesty that the Lieutenant Governor in Council has, by regulation, designated for the purpose of this section. A prospective candidate is not required to disclose an offence under the Youth Criminal Justice Act (Canada) or the Young Offenders Act (Canada), or an offence for which they were granted a pardon, as provided for in section 748 of the Criminal Code . 5.2 In the case of a prospective candidate who is or was a member of the Legislative Assembly, a statement by the prospective candidate disclosing if, in the opinion of the Ethics Commissioner appointed under The Conflict of Interest (Members and Ministers) Act , the prospective candidate contravened that Act, in circumstances where the Assembly ordered that (a) the candidate be fined; (b) the candidate's right to sit and vote in the Assembly be suspended; or (c) the candidate's seat in the Assembly be declared vacant. 6. The names and addresses of at least 50 eligible voters in the electoral division who support the nomination, and a signed declaration of each of them that they are eligible to vote in the electoral division. Publication by CEO 55(2) The chief electoral officer must publish on the Elections Manitoba website the statements required under items 5.1 and 5.2 of subsection (1). S.M. 2012, c. 35, Sch. A, s. 118 ; S.M. 2016, c. 6, s. 2 ; S.M. 2019, c. 22, s. 2 ; S.M. 2026, c. 33, s. 2 . Closing day for nominations 56(1) The closing day for nominations is (a) the Monday that is 22 days before election day, in the case of a fixed date election; or (b) the Monday that is 15 days before election day, in the case of any other election. Deadline for receiving nominations 56(2) The nomination documents required by section 55 must be received by the returning officer after the election is called and before 1:00 p.m. on the closing day for nominations. Obligation to ensure documents received 56(3) The obligation to ensure that the nomination documents are received in accordance with this section rests with the prospective candidate. S.M. 2008, c. 43, Sch. B, s. 9 ; S.M. 2017, c. 35, s. 19 . Verifying the nomination 57(1) Upon receiving nomination documents, the returning officer must review them, in accordance with the chief electoral officer's instructions, to ensure that they are complete. Notice to candidate of acceptance or refusal 57(2) As soon as possible after reviewing nomination documents, the returning officer must give the prospective candidate (a) a certificate accepting the nomination, which indicates that the person is a candidate in the election; or (b) notice that the returning officer refuses to accept the nomination. Correcting or replacing documents 57(3) Nomination documents that are not accepted may be replaced or corrected if the new or corrected documents are filed with the returning officer before the close of nominations. ENDORSEMENT BY A REGISTERED POLITICAL PARTY Party to provide names of endorsed candidates 58(1) Before the close of nominations, each registered political party and each political party that intends to become registered must provide the chief electoral officer with a written statement setting out the names of the prospective candidates it has endorsed and their electoral divisions. The statement must be signed by the president, leader or financial officer of the party. Effect of failure to comply 58(2) A prospective candidate whose name is not provided to the chief electoral officer before the close of nominations under subsection (1) must be described on the ballot as "independent". CEO must verify endorsements 58(3) After receiving the names of endorsed prospective candidates, the chief electoral officer must verify with the appropriate returning officer that each candidate on the list has consented to the endorsement. Party may endorse only one candidate per division 58(4) A political party may endorse only one prospective candidate in each electoral division. S.M. 2017, c. 26, s. 10 . NOTICE OF CANDIDATES Notice to CEO 59(1) As soon as possible after the close of nominations, the returning officer must (a) provide the chief electoral officer with the names, addresses and political party endorsements of the nominated candidates in the order in which they are to be printed on the ballot, the names and addresses of their official agents, and any other information the chief electoral officer requires; and (b) give each candidate or his or her official agent a list of the nominated candidates. Publication by CEO 59(2) Upon receiving the information under clause (1)⁠(a), the chief electoral officer must publish (a) the name and political party endorsement of each candidate; and (b) [repealed] S.M. 2022, c. 5, s. 9 ; (c) the name of each candidate's official agent. S.M. 2022, c. 5, s. 9 . ACCLAMATION Acclamation 60 If after the close of nominations the returning officer has confirmed the nomination of only one candidate, the returning officer must (a) certify on the writ of election that the candidate is elected and return the writ to the chief electoral officer; and (b) return any election material, including voters lists, to the chief electoral officer. WITHDRAWAL OF CANDIDATE If candidate withdraws 61(1) At any time before election day, a candidate may withdraw from the election by filing a signed declaration to that effect with the returning officer. Signature must be witnessed 61(2) The candidate's signature on the withdrawal must be witnessed by another person, who must sign as witness. Notice of withdrawal 61(3) The returning officer must promptly notify the chief electoral officer and the other candidates in the election, in writing, of the withdrawal. The chief electoral officer must publish a notice of the withdrawal in the electoral division. DEATH OF CANDIDATE If candidate dies 62(1) If a candidate dies before the close of voting on election day, (a) the returning officer must notify the chief electoral officer of the death, in writing; and (b) the election is postponed. New writ 62(2) On the first Tuesday after receiving notice that a candidate has died, the chief electoral officer must issue a writ for a new election, in the prescribed form. Content of new writ 62(3) The writ for the new election must set as the election day the Tuesday that is 28 days after the date the writ is issued. Status of candidates 62(4) A person who was a candidate in the original election (a) is not required to file new nomination documents; and (b) is deemed to be a candidate in the new election unless he or she withdraws. S.M. 2008, c. 43, Sch. B, s. 10 ; S.M. 2016, c. 14, s. 3 . REPLACING AN OFFICIAL AGENT Replacing an official agent 63(1) If, at any time before the obligations of a candidate's official agent under The Election Financing Act have been satisfied, the official agent dies, resigns or is incapacitated, or if his or her appointment is revoked, the candidate must immediately appoint another official agent and send a notice with the agent's name and address to (a) the returning officer, until election day; or (b) the chief electoral officer, after election day. Forwarding information to CEO 63(2) Upon receiving notice that a candidate has appointed a new official agent, the returning officer must immediately notify the chief electoral officer, who must publish a new notice under subsection 59(2). S.M. 2012, c. 35, Sch. A, s. 118 . PART 6.1 REGISTER OF VOTERS ESTABLISHING THE REGISTER Register of voters 63.1(1) The chief electoral officer must establish and maintain a register of voters for Manitoba from which voters lists may be prepared for use at elections under this Act. Contents of register 63.1(2) The register of voters may contain the following information about persons ordinarily resident in Manitoba who are eligible voters or may become eligible voters, including 16 and 17 year olds: (a) surname, first name and any middle name; (b) residential address, including postal code; (c) mailing address, including postal code, if the person's mailing address is different from the residential address; (d) telephone number, if provided; (e) date of birth; (f) gender; (g) the unique identifier assigned under subsection (3); (h) any other identification number assigned by a person or body who provides information to the chief electoral officer under subsection 63.3(3) or pursuant to an agreement under section 63.7; (i) other information that the chief electoral officer considers should be included in the register. Identifier 63.1(3) The chief electoral officer may assign each voter a unique identifier to assist in distinguishing a voter from another voter or verifying information about a voter. Information for verifying identity 63.1(4) A voter's date of birth and gender and any identification number referred to in clause (2)⁠(h) may not be included on any voters list prepared under this Act. Information about persons who may become voters 63.1(5) The chief electoral officer may collect personal information referred to in subsection (2) in relation to persons who reside in Manitoba and who may become eligible to vote, including 16 and 17 year olds. First register 63.1(6) The final voters list for the 2016 general election is to be considered the register of voters under this Act when this section comes into force, along with the date of birth and gender information obtained from voters during the enumeration for the 2016 general election. S.M. 2017, c. 35, s. 20 . KEEPING THE REGISTER UP TO DATE Updating the register 63.2 The register of voters may be updated from time to time as the chief electoral officer considers necessary but must be updated as soon as possible (a) after an election; and (b) after the Schedule of electoral divisions in The Electoral Divisions Act is replaced. S.M. 2017, c. 35, s. 20 . Sources of information 63.3(1) The register of voters may be updated by any or all of the following methods: (a) using information that voters have given to the chief electoral officer; (b) using information from Elections Canada or any other person or body provided by agreement under section 63.7; (c) using personal information held by a public body if, in the opinion of the chief electoral officer, the information is necessary for the purpose of updating the register; (d) conducting targeted registration, in accordance with Division 2 of Part 7, of some or all electoral divisions, or parts of any of them, as determined by the chief electoral officer; (e) using information-gathering techniques carried out under the chief electoral officer's direction, including mailings and distribution of information, telephone calls, e-mail and personal visits to the homes of persons who may be voters; (f) using information obtained from any other source the chief electoral officer considers reliable. Voters may be contacted 63.3(2) The chief electoral officer may at any time (a) contact a voter to verify the chief electoral officer's information relating to the voter; and (b) request the voter to confirm, correct or complete the information by a specified date. Information from public bodies 63.3(3) When the chief electoral officer requests personal information from a public body under clause (1)⁠(c), the public body must provide it. Fees 63.3(4) A public body providing personal information may charge a reasonable fee for doing so, but the fee may not exceed the actual cost of producing a copy of the information. Retention of information 63.3(5) The chief electoral officer may retain any personal information provided by a public body for the purpose of verifying information contained or to be contained in the register of voters. Definitions 63.3(6) In this section, "personal information" and "public body" have the same meaning as in The Freedom of Information and Protection of Privacy Act . S.M. 2017, c. 35, s. 20 ; S.M. 2025, c. 46, s. 17 ; S.M. 2026, c. 37, s. 25 . Voter may apply to be registered 63.4(1) A voter may at any time, except between the close of revision and election day, apply to register as a voter by providing the chief electoral officer with the following: (a) certification that he or she is an eligible voter, in a form acceptable to the chief electoral officer; (b) his or her surname, first name and any middle name, residential address, mailing address if different from the residential address, date of birth and gender; (c) satisfactory proof of identity and residence; (d) any other information that the chief electoral officer requires to be on the register under clause 63.1(2)⁠(i). Voter may verify information and provide changes 63.4(2) A voter or a person acting on the voter's behalf may (a) verify whether the information about the voter in the register of voters is correct, subject to any requirements set by the chief electoral officer; and (b) give the chief electoral officer changes to the information in the register of voters relating to the voter. S.M. 2017, c. 35, s. 20 . Removing names 63.5(1) The chief electoral officer must remove from the register of voters the name of any person who (a) is not an eligible voter; (b) is dead; or (c) requests in writing to have his or her name removed, whether the request is made by the person or by someone acting on the person's behalf. Removing name of person who does not respond 63.5(2) The chief electoral officer may also remove from the register the name of any person who fails to comply with a request under clause 63.3(2)⁠(b) by the specified date. S.M. 2017, c. 35, s. 20 . PERSONAL SECURITY PROTECTION Personal security protection 63.6(1) A voter may, in writing, request the chief electoral officer to remove from or to not include the voter's information in the register of voters or a voters list in order to protect the voter's personal security. CEO to protect voter's security 63.6(2) The chief electoral officer must comply with a voter's request under subsection (1) and may take any steps that he or she considers necessary to protect the voter's security, including adapting the provisions of this Act. Procedure for voting 63.6(3) A voter whose security is protected under this section may vote only by homebound voting in accordance with Division 5 of Part 10. S.M. 2017, c. 35, s. 20 . AGREEMENTS ON INFORMATION Agreement with CEO of Canada 63.7(1) The chief electoral officer may enter into an agreement with the Chief Electoral Officer of Canada (a) to receive information from the Chief Electoral Officer of Canada to assist in updating the register of voters; and (b) to provide the Chief Electoral Officer of Canada with information contained in the register of voters for the purpose of maintaining the lists of electors under the Canada Elections Act . Agreement with other person or body 63.7(1.2) For the purpose of obtaining information to assist in updating the register of voters, the chief electoral officer may enter into an agreement with a person or body responsible for a source of information the chief electoral officer considers reliable. Agreements with provincial bodies 63.7(2) To assist a body responsible under Manitoba law for establishing a list of voters, the chief electoral officer may enter into an agreement with the body to provide it with information contained in the register of voters. Conditions 63.7(3) The chief electoral officer may include in an agreement conditions about the use and protection of personal information provided under the agreement. S.M. 2017, c. 35, s. 20 ; S.M. 2025, c. 46, s. 18 . VOTER INFORMATION FROM REGISTER SENT TO PARTIES AND MLAS Voter information from register sent to registered parties and MLAs 63.8(1) By February 15 in each year beginning in 2019, the chief electoral officer must send to each registered political party and, on request, the member for each electoral division, an electronic copy of the voters list for the electoral division taken from the most recently updated version of the register of voters. Content 63.8(2) The voters list (a) must be arranged in alphabetical order by surname; (b) must include the surname, first name and any middle name of the voter, their residential address and, if different, mailing address, telephone number and the unique identifier assigned to the voter by the chief electoral officer; and (c) subject to subsection 63.1(4), may include any other information the chief electoral officer considers necessary. Exception 63.8(3) This section does not apply if February 15 falls during an election period or if a general election was held in the six months before that date. S.M. 2017, c. 35, s. 20 ; S.M. 2021, c. 48, s. 7 . Protection of voters list 63.9(1) A person or registered political party to whom a copy of a voters list has been given under this Act must take all reasonable steps to protect the list and the information contained in it from loss and unauthorized use. Notice to CEO if voters list is lost 63.9(2) A person or registered political party to whom a copy of a voters list has been given under this Act must immediately notify the chief electoral officer if the list or information contained in the list has been lost. Authorized use of voters list 63.9(3) A voters list or any part of a voters list may be used only as follows: (a) by a registered political party, for communicating with voters; (b) by a member of the Assembly, for carrying out the duties and functions of the member; (c) by a candidate, for communicating with voters during an election period; (d) by election officials, for the purpose of carrying out their duties under this Act. Exception 63.9(4) Despite subsection (3), a voters list that is more than 25 years old may be used for research or historical purposes. Tracing unauthorized use 63.9(5) For the purpose of tracing unauthorized uses of a voters list, the chief electoral officer may have fictitious voter information included on a voters list. S.M. 2017, c. 35, s. 20 . PART 7 VOTERS LISTS DIVISION 1 VOTING AREAS Voting areas 64(1) An electoral division must be divided into voting areas for the purpose of preparing voters lists and establishing voting stations. Establishing new voting areas 64(2) The returning officer for an electoral division must establish new voting areas when the boundaries of the electoral division change or the chief electoral officer so requests. Size of urban voting areas 64(3) The returning officer must, where practical, try to ensure that an urban voting area contains approximately 500 eligible voters. Size of rural voting areas 64(4) The returning officer must, where practical, try to ensure that a rural voting area contains approximately 350 eligible voters. Separate voting area — multiple residence of at least 100 units 64(5) The returning officer must establish a separate voting area for an apartment, condominium complex or other multiple residence containing at least 100 units to permit residents to vote in their own building, unless the returning officer determines that it is not practical to operate a voting station in the building. Separate voting area — multiple residence of fewer than 100 units 64(5.1) If the chief electoral officer approves, the returning officer may establish a separate voting area for an apartment, condominium complex or other multiple residence containing fewer than 100 units, where the majority of the residents are seniors or persons with disabilities. Considerations 64(6) In establishing voting areas, the returning officer must consider (a) geographic and other factors that affect the convenience of voters; and (b) municipal and federal voting areas in the electoral division. Map of voting areas and locations 64(7) The returning officer must prepare a map of the voting areas in the electoral division and a list of the voting places located in the division. S.M. 2015, c. 44, s. 6 ; S.M. 2017, c. 35, s. 21 . DIVISION 2 TARGETED REGISTRATION Targeted registration to update register 65(1) The chief electoral officer may require targeted registration to be conducted to update the register of voters before a fixed date election. Targeted registration must be completed before writs of election are issued. Purpose 65(2) The purpose of targeted registration is to improve the accuracy and completeness of the register of voters and therefore the preliminary voters lists provided to returning officers under section 74, with respect to the following: (a) the mobility of voters; (b) persons who have become eligible voters because they have reached the age of 18 but are not yet included in the register; (c) persons who have become eligible voters because they have become Canadian citizens but are not yet included in the register; (d) voters who have died but are still included in the register; (e) any other matter the chief electoral officer considers relevant. Target areas 65(3) Targeted registration may be conducted for any electoral division or any part of an electoral division, including a building with multiple residences, as the chief electoral officer considers desirable. Period of targeted registration 65(4) Targeted registration must be conducted within any period specified by the chief electoral officer. S.M. 2008, c. 43, Sch. B, s. 11 to 13; S.M. 2015, c. 44, s. 7 ; S.M. 2017, c. 35, s. 22 . Registration agents 66(1) The chief electoral officer may direct the returning officer to appoint persons as registration agents for the purpose of conducting a targeted registration. Personal visits and other techniques 66(2) In a targeted registration, the following techniques for obtaining information may be used, separately or in any combination, as the chief electoral officer considers desirable: (a) personal visits to the homes of persons who may be voters but who are not included, or not correctly included, in the register of voters; (b) distribution of information at locations where it is likely to come to the attention of voters who are not included, or not correctly included, in the register of voters; (c) mailings, telephone calls, e-mails and any other techniques the chief electoral officer considers will further the targeted registration. Personal visits to homes 66(3) A registration agent who makes personal visits to the homes of persons who may be voters (a) must wear identification supplied by the chief electoral officer; and (b) must be given access to the entrance door of each residence in an apartment, condominium complex or other multiple residence. S.M. 2017, c. 35, s. 22 . Updating the register 67 When targeted registration is complete, the registration agent must give the returning officer the information obtained about eligible voters, and the returning officer must then give that information to the chief electoral officer to update the register of voters. S.M. 2017, c. 35, s. 22 . 68 to 73 [Repealed] S.M. 2017, c. 35, s. 22 . DIVISION 3 PRELIMINARY VOTERS LIST CEO to provide RO with preliminary voters list 74(1) The chief electoral officer must (a) prepare a preliminary voters list for each voting area in an electoral division, using information from the register of voters; and (b) give the preliminary voters list for each voting area to the returning officer of the electoral division within two days after a writ of election is issued. Content of preliminary voters list 74(2) The content of the preliminary voters list must comply with the requirements under subsection 63.8(2). S.M. 2008, c. 43, Sch. B, s. 14 ; S.M. 2015, c. 44, s. 8 ; S.M. 2017, c. 35, s. 23 ; S.M. 2021, c. 48, s. 7 . Copies of preliminary voters lists to candidates 75(1) On receiving the preliminary voters lists for their electoral division, the returning officer must, on request, provide a copy to each candidate in the election, as "candidate" is defined in this Act or The Election Financing Act . Unique identifier not included 75(1.1) Despite clause 63.8(2)⁠(b), the unique identifier assigned to each voter under subsection 63.1(3) must not be included in the copy of the preliminary voters lists provided to a candidate. Copies of preliminary list to parties 75(2) Within two days after a writ of election is issued, the chief electoral officer must provide each registered political party who requests it a copy of the preliminary voters list for each voting area in the province. Preliminary list in electronic format 75(3) The preliminary voters list is to be provided in electronic form, but a paper copy may be provided upon request. S.M. 2008, c. 43, Sch. B, s. 15 ; S.M. 2015, c. 44, s. 9 ; S.M. 2017, c. 35, s. 23 ; S.M. 2021, c. 48, s. 7 . Preliminary list available for inspection 76 The returning officer must (a) keep a copy of the preliminary voters list in his or her office; and (b) until election day, make the list available for public inspection for electoral purposes during office hours on every day in the election period. S.M. 2008, c. 43, Sch. B, s. 16 ; S.M. 2017, c. 35, s. 23 . Voter information card 76.1(1) The chief electoral officer must send a voter information card to each voter whose name appears on a preliminary voters list for the electoral division. Content of voter information card 76.1(2) The voter information card must indicate (a) the address of the voter's most convenient voting place; (b) the voting hours on election day; (c) the dates of advance voting and the voting hours and locations of convenient advance voting places in the voter's electoral division; (d) how to obtain more information; and (e) any other information the chief electoral officer considers advisable. How information card may be sent 76.1(3) The voter information card may be sent by any method the chief electoral officer considers appropriate, including by e-mail. S.M. 2017, c. 35, s. 23 ; S.M. 2022, c. 5, s. 10 . DIVISION 4 REVISION REVISION PERIOD Revision period 77(1) Applications for revision of the preliminary voters list must be considered (a) from the day the preliminary voters list is completed until the Monday that is 22 days before election day, in the case of a fixed date election; or (b) for four consecutive days, beginning on the Monday after the preliminary voters list is completed, in the case of any other election. 77(2) [Repealed] S.M. 2017, c. 35, s. 24 . Place and times for revision 77(3) The returning office must be open for purposes of revision (a) from 8:00 a.m. to 8:00 p.m. on a day other than Sunday; and (b) from 12:00 p.m. to 6:00 p.m. on Sunday. Additional locations 77(4) If approval is obtained from the chief electoral officer, revision may also be conducted at other locations at such times as the returning officer considers appropriate. S.M. 2008, c. 43, Sch. B, s. 17 ; S.M. 2017, c. 35, s. 24 . Public notice of revision 78(1) The chief electoral officer must arrange for public notice of the revision to be given, which must state (a) that an eligible voter who did not receive a voter information card should find out if his or her name is on the voters list, and if it is not, the voter may apply to have it added during the revision period; and (b) that additional information about the revision may be obtained from the returning officer. Additional information 78(2) The chief electoral officer may include any other information in the notice that he or she considers appropriate. S.M. 2017, c. 35, s. 25 . CONTACTING VOTERS NOT ON PRELIMINARY VOTERS LIST Registration agents 79(1) If the returning officer considers that some eligible voters have not been included on the preliminary voters list, he or she may appoint registration agents to make personal visits to the homes of persons who may be voters, and use other information-gathering techniques referred to in subsection 66(2), so that they may be added to the revised voters list. Identification 79(2) When performing his or her duties, a registration agent must wear identification supplied by the returning officer. S.M. 2017, c. 35, s. 26 . 80 [Repealed] S.M. 2017, c. 35, s. 27 . CANDIDATE'S REPRESENTATIVES Candidate's representatives 81(1) Two representatives of a candidate may be present at the office of the returning officer or any other location when revision is being conducted, to act as observers. Conditions 81(2) In order to act as a candidate's representative at revision, a person must (a) be at least 18 years old; (b) be appointed by the candidate or the candidate's official agent in the prescribed form and produce the form to the returning officer; and (c) take an oath in the prescribed form. S.M. 2017, c. 35, s. 28 . APPLICATIONS FOR REVISION Who can apply 82(1) During the revision period, (a) an eligible voter may apply to the returning officer to have his or her name added to the voters list or to correct any information about the voter on the voters list; and (b) any person may apply to the returning officer to have his or her name removed from the voters list. Application requirements 82(2) The applicant must complete and sign an application in the prescribed form and establish his or her identity to the returning officer in accordance with section 2. S.M. 2017, c. 35, s. 28 . Application for relative 83(1) A person's relative, spouse or common-law partner may apply in accordance with section 82 to have the person's name added to the voters list or to correct any information about the person on the preliminary voters list. Application requirements 83(2) The applicant must (a) complete and sign an application in the prescribed form setting out his or her relationship to the person who is the subject of the application; and (b) establish the identity of the person who is the subject of the application to the returning officer in accordance with section 2. S.M. 2017, c. 35, s. 28 . Decision on application 84 A returning officer may approve the revision requested in an application only if the applicant has provided sufficient proof to support the requested revision. S.M. 2017, c. 35, s. 28 . OBJECTIONS Objections 85(1) During the revision period, an eligible voter may file an objection with the returning officer about the inclusion of a person on the preliminary voters list on the basis that the other person is dead or is not an eligible voter. Form of objection 85(2) The objection must be made in writing and must specify (a) the name and address, as shown on the preliminary voters list, of the person who is the subject of the objection; (b) the basis of the objection, including a statement of facts supporting the objection; and (c) the name and address of the person making the objection. Notice to subject of objection 85(3) Unless it is known that the subject of the objection is dead, when an objection that appears to have merit is received, the returning officer must promptly send a copy of it, by a method that provides confirmation of delivery, to the subject of the objection at (a) the subject's address, as shown on the preliminary voters list; and (b) any other address for the subject provided by the objector. Investigation of death 85(4) If the objection is made on the basis that a person is dead, the returning officer must search records kept under The Vital Statistics Act to determine if there is a record of the person's death . Resolving objection that person died 85(5) If there is a record of the person's death, the returning officer must allow the objection. If no record of death is found, the objection must be resolved in accordance with clause (6)⁠(c). Resolving objection re eligibility 85(6) If the objection is made on the basis that a person on the preliminary voters list is not an eligible voter, the objection is to be resolved as follows: (a) if, after receiving notice of the objection, the subject of the objection provides proof satisfactory to the returning officer that he or she is an eligible voter and makes a signed declaration as to his or her eligibility, the officer must reject the objection; (b) if, after receiving notice of the objection, the subject of the objection contacts the returning officer but fails to (i) provide proof satisfactory to the returning officer that he or she is an eligible voter, or (ii) make a signed declaration as to his or her eligibility, the officer must allow the objection; (c) if the subject of the objection does not contact the returning officer, the officer may allow the objection only if he or she is satisfied that the subject of the objection is not an eligible voter. S.M. 2017, c. 35, s. 28 . OTHER CHANGES DURING REVISION Correcting errors 86(1) A returning officer who discovers incorrect information on the preliminary voters list during the revision period must record the changes required to correct the error. Adding omitted voters 86(2) If a personal visit or other information-gathering technique conducted under section 79 identifies an eligible voter who was not on the preliminary voters list, the returning officer must record information about the voter so that the voter may be added to the revised voters list. S.M. 2017, c. 35, s. 29 . RECORD OF REVISION Record of revision 87 A returning officer must keep a record of revision on which the officer records (a) every addition, correction or deletion to be made to the preliminary voters list as a result of the revision; and (b) every decision made concerning applications and objections received during the revision period. S.M. 2017, c. 35, s. 30 . Close of revision 88(1) The revision is closed at 8:00 p.m. on the last day of the revision period and no returning officer may consider an application or objection received after that time. Signing the record of revision 88(2) At the close of revision, the returning officer must sign and date the record of revision. Voter information card 88(3) The returning officer must send a voter information card referred to in section 76.1 to each voter whose name is added to the voters list during revision. S.M. 2017, c. 35, s. 31 . REVISED VOTERS LIST Preparing revised voters list 89(1) From the record of revision and from updated information received from the chief electoral officer respecting voters who have been added to the register before the close of revision, the returning officer must prepare a revised voters list for each voting area in the electoral division by making the necessary changes to the preliminary voters list. Form and content 89(2) The revised voters list must (a) contain the information set out in clauses 63.8(2)⁠(b) and (c); and (b) be in the form specified by the chief electoral officer. Copies of revised voters list 89(3) Copies of the revised voters list are to be provided in accordance with section 75 (copies of preliminary list). S.M. 2017, c. 35, s. 32 ; S.M. 2021, c. 48, s. 7 . APPEALS Appeals 90(1) The following decisions made during revision may be appealed in accordance with this section: (a) a decision to remove a person's name from the voters list may be appealed by that person; (b) a decision to add a person's name to the voters list may be appealed by any eligible voter in the electoral division; (c) a decision to reject an application to add a person's name to the voters list may be appealed by the applicant; (d) a decision to reject an objection may be appealed by the objector. How to apply 90(2) An appeal must be commenced by an application to the court made at least seven days before election day. Respondents 90(3) The appellant must name as respondents to the application (a) the returning officer for the electoral division; and (b) the person whose name is sought to be removed from the voters list, if the appellant objects to that person's inclusion on the voters list. Appeal to be heard on urgent basis 90(4) The court must hear the appeal on an urgent basis. Deadline for decision 90(5) The court must make a decision on the appeal by the third day before election day. Notice of names added or deleted on appeal 90(6) Immediately after an appeal is concluded, the returning officer must notify the chief electoral officer and each candidate of the name of any person added to or deleted from the voters list as the result of the court's decision. No appeal 90(7) The decision of the court is final and is not subject to appeal. 91 [Repealed] S.M. 2017, c. 35, s. 33 . CHANGE OF RESIDENCE AFTER REVISION Change of residence after revision 92(1) A resident of one electoral division who becomes a resident of another electoral division between the close of revision and the Monday before election day may apply in person to the returning officer of the electoral division in which he or she now resides to have his or her name added to the voters list of that electoral division. Decision 92(2) The returning officer may add the person's name to the voters list if the officer is satisfied that the person has become a resident of the electoral division. Notice to returning officer 92(3) When a name is added to the voters list under subsection (2), the returning officer must notify the returning officer of the electoral division in which the person previously resided that the person is on the voters list in the electoral division where he or she now resides. Revision of voters list 92(4) Upon receiving a notice under subsection (3), the returning officer must determine if the person's name is on the voter's list and, if it is, strike it from the list. DIVISION 5 OFFICIAL VOTERS LIST Official voters list 93(1) The returning officer must prepare the official voters list for each voting area by attaching the following to the preliminary voters list: (a) the revised voters list; (b) a list of any additional changes made to the voters list after the close of revision. Copies 93(2) The returning officer must (a) keep a copy of the official voters list for every voting area in the electoral division for use in connection with homebound and absentee voting; (b) provide each voting officer of an advance voting station access to the official voters list for the province, after striking off the name of every person on the list who has voted as an absentee or homebound voter at the time the list is given; and (c) provide each voting officer access to the official voters list for the electoral division for use on election day, after striking off the name of every person on the list who has voted at an advance voting station or as an absentee or homebound voter. 94 to 97 [Repealed] S.M. 2012, c. 35, Sch. A, s. 118 ; S.M. 2017, c. 35, s. 35 ; S.M. 2022, c. 5, s. 11 . PART 8 PREPARING FOR AN ELECTION DIVISION 1 BALLOTS, BALLOT BOXES AND VOTE COUNTING MACHINES BALLOTS AND BALLOT BOXES Regular ballots 98(1) The chief electoral officer must arrange for regular ballots to be printed. Form of ballots 98(2) Regular ballots must be in the prescribed form. Use of ballot printers 98(2.1) The chief electoral officer may direct the use of ballot printers to print regular ballots on demand when circumstances warrant. 98(3) [Repealed] S.M. 2022, c. 5, s. 14 . Information on ballot 98(4) The following information must be printed on each regular ballot: (a) the name of each candidate, as requested in the candidate's nomination documents, with the surname printed first; (b) in the case of a candidate endorsed by a registered political party, the party name or abbreviation, as designated for use on the ballot in its application for registration under The Election Financing Act , printed under the candidate's name; (c) in the case of a candidate not endorsed by a registered political party, the word "independent", printed under the candidate's name. Names in alphabetical order 98(5) The names of the candidates must be arranged on the regular ballot in alphabetical order. If two or more candidates have the same surname, the names are to be arranged in alphabetical order based on their given names. S.M. 2012, c. 35, Sch. A, s. 118 ; S.M. 2022, c. 5, s. 14 . Write-in ballots 99(1) The chief electoral officer may direct the use of write-in ballots at advance or institutional voting stations or for absentee voting when circumstances warrant. Form of write-in ballots 99(2) Write-in ballots must be in the prescribed form. S.M. 2022, c. 5, s. 15 . Ballots to voting officers 100(1) The returning officer must (a) give each voting officer enough ballots for use at his or her voting station; and (b) keep a record of how many ballots are given to each voting officer. New ballots if candidate withdraws 100(2) If a candidate withdraws from the election after the ballots are printed, the chief electoral officer must arrange for new ballots to be printed that do not contain that candidate's name. Exception 100(3) If there is not enough time to print new ballots after a candidate withdraws, the voting officer must post a written notice in a conspicuous location at the voting station advising voters of the candidate's withdrawal. S.M. 2022, c. 5, s. 16 . Ballot boxes 101 A ballot box (a) must come with enough consecutively numbered seals that cannot be re-used; (b) must be constructed so that ballots can be inserted into it but inserted ballots cannot be withdrawn without removing a seal or causing obvious damage to the box; and (c) may be constructed so that a vote counting machine can be attached. S.M. 2022, c. 5, s. 17 . VOTE COUNTING MACHINES CEO may direct use of vote counting machines 101.1(1) The chief electoral officer may direct the use of vote counting machines. Requirements 101.1(2) The following requirements apply to the use of vote counting machines: 1. A vote counting machine must not be a part of or connected to an electronic network during voting. However, at the discretion of the chief electoral officer, the machine may be securely connected to an electronic network to transmit information to the chief electoral officer or to a returning officer if authorized by the chief electoral officer. 2. A vote counting machine must be successfully tested before it is first used for an election. Testing must include, but is not limited to, logic and accuracy testing. 3. With respect to the marking of ballots, a vote counting machine must be programmed so that it detects the following and provides a notification: (a) when there is no mark on the ballot or the mark made cannot be read by the machine; (b) when there is more than one mark on the ballot. 4. A vote counting machine must not be used in a way that allows a voter's choice to be made known to an election official or to a candidate or scrutineer. 5. A vote counting machine must not be used to generate, print or report election results until after the close of voting on election day. Procedures established by the CEO 101.1(3) The chief electoral officer must establish and publish procedures for vote counting machines, including the following: (a) the use of vote counting machines by the chief electoral officer and election officials; (b) the testing of vote counting machines as described in item 2 of subsection (2); (c) the steps to be taken when a vote counting machine provides a notification described in item 3 of subsection (2); (d) the circumstances in which a voting officer may transcribe a voter's candidate choice onto a replacement ballot, if the voter's intent is clear and the vote counting machine has rejected the ballot or cannot read it; (e) the security of vote counting machines while they are being used in voting and at other times; (f) anything else the chief electoral officer considers necessary for conducting voting and maintaining the integrity of voting when vote counting machines are used. When vote counting machines are used 101.1(4) When the chief electoral officer directs the use of vote counting machines, (a) it is not necessary to equip every voting station with a vote counting machine; and (b) the fact that a vote counting machine returns a marked ballot, or gives a notification that a ballot is not marked correctly, does not violate the secrecy of voting as required by this Act. S.M. 2022, c. 5, s. 18 . ELECTION MATERIALS GENERALLY Delivery of election materials 102(1) The chief electoral officer must give the returning officer enough ballot boxes, ballot transfer boxes, vote counting machines, voting compartments and other election materials required for the election. Property in election materials 102(2) All election materials are the property of the chief electoral officer. S.M. 2022, c. 5, s. 20 .

DIVISION 2 VOTING PLACES AND STATIONS Establishing voting places 103(1) The returning officer must establish a voting place for each voting area in the electoral division. Location of voting places 103(2) A voting place must be located in a convenient location for a majority of the voters in the voting area. Voting place must be accessible 103(3) A voting place must be accessible to physically disabled persons, unless the returning officer satisfies the chief electoral officer that it is impractical to obtain the use of such premises while complying with subsection (2). Voting places in population centres 103(4) Subject to the other requirements of this section, if a voting area contains a population centre, the returning officer must make every attempt to locate the voting place for that area in that population centre. S.M. 2022, c. 5, s. 22 . Voting stations 104(1) The returning officer must establish one or more voting stations at each voting place. Voting station in returning office 104(2) A voting station must be established in each returning office. S.M. 2022, c. 5, s. 23 ; S.M. 2025, c. 46, s. 20 . Use of schools 105(1) If requested by a returning officer, space in a school established under The Public Schools Act must be made available to operate a voting station. Restriction on school activities 105(2) When a voting station is located in a school, (a) no classes or other school activities may take place in the space occupied by the voting station; and (b) the principal of the school may order that no classes or other school activities may take place in the entire school, or any part of the school the principal specifies. New voting place if needed 106(1) If it becomes impossible or impractical to use a voting place, the returning officer must move the voting place to a new location that is as close as possible to the old one. Notice of change 106(2) When a voting place is moved to a new location, the returning officer must (a) notify the candidates of the change and the reason for it; and (b) notify the public by (i) posting notice of the new location at the old voting place, or as close to it as possible, and (ii) if time permits, publishing notice of the change in a newspaper, or broadcasting it on radio or television or giving notice in any other manner the returning officer considered appropriate. S.M. 2022, c. 5, s. 24 . 107 [Repealed] S.M. 2017, c. 35, s. 36 ; S.M. 2022, c. 5, s. 25 . Voting compartment requirements 108 Each voting station must have a voting compartment that (a) contains an instrument for voters to mark their ballots; and (b) is located so that voters are screened from observation and may vote without interference or interruption. S.M. 2022, c. 5, s. 26 . Voting directions and notice of secrecy 109 The voting officer must ensure that (a) voting directions, in the prescribed form, are posted in the voting compartment and near the entrance to the voting place; and (b) a notice of secrecy, in the prescribed form, is posted in the voting station and near the entrance to the voting place. PART 9 REGULAR VOTING ON ELECTION DAY DIVISION 1 OPERATION OF REGULAR VOTING STATIONS ON ELECTION DAY Voting hours 110 Every regular voting station must open at 8:00 a.m. and close at 8:00 p.m. on election day. S.M. 2008, c. 43, Sch. B, s. 18 ; S.M. 2017, c. 35, s. 37 . Inspection of election materials 111(1) Candidates or their scrutineers may be present at a voting station 15 minutes before it opens and, during that 15-minute period, may require the ballots to be counted and inspect all election materials. Treatment of ballot box 111(2) Immediately before a voting station where ballots are to be counted by hand opens, the voting officer must show the ballot box to all persons present, to demonstrate that it is empty. The voting officer must then seal the ballot box so that it cannot be opened without breaking the seal, and must keep it sealed until the voting station is closed. If vote counting machine used 111(2.1) If ballots are to be counted by a vote counting machine, the voting officer must demonstrate to all persons present that no votes have been recorded on the machine. Location of ballot box 111(3) While the voting station is open, the voting officer must ensure that the ballot box remains in full view of persons at the voting station. S.M. 2022, c. 5, s. 27 . Voting book 112(1) The voting officer must keep a voting book, in the prescribed form, at the voting station. The voting officer must record in the voting book the name and address of every person on, or added to, the official voters list, who seeks to vote at the voting station. Record of voting 112(2) The voting officer must make an entry beside a person's name in the voting book when the person is given a ballot. Other entries in voting book 112(3) When any of the following occurs with respect to a person at the voting station, the voting officer must make a note of it beside the person's name in the voting book: (a) the person refuses to take an oath required under this Part; (b) the person's name is added to the official voters list; (b.1) the person votes after another person vouches on his or her behalf under subsection 115(2.1); (c) the person's right to vote is challenged; (d) the person votes under subsection 115(6) (person listed as already having voted); (e) the person votes with the assistance of another person under section 119. S.M. 2017, c. 35, s. 38 ; S.M. 2022, c. 5, s. 28 . Who may be present at voting station 113 Only the following persons may be present at a voting station while it is open and during the counting of votes: (a) the voting officer or officers; (b) the senior voting officer, if one has been appointed; (c) [repealed] S.M. 2022, c. 5, s. 29 ; (d) the information officer; (e) an interpreter, if required; (f) the candidates; (g) not more than two scrutineers for each candidate; (h) any other person that the returning officer or chief electoral officer allows to be present. S.M. 2022, c. 5, s. 29 . Scrutineers 114(1) In order to act as a scrutineer at a voting station, a person must (a) be at least 18 years old; (b) be appointed by the candidate or the candidate's official agent in the prescribed form and produce the form to the voting officer; and (c) take an oath in the prescribed form. Powers of scrutineer 114(2) A scrutineer may (a) be present when a person applies to have his or her name added to the official voters list; and (b) inspect the voting book when allowed to do so by the voting officer; (c) [repealed] S.M. 2022, c. 5, s. 30 . If vote counting machine used 114(3) To protect the secrecy of the vote when ballots are being inserted into a vote counting machine, neither a candidate nor a scrutineer may examine or object to a ballot or to the counting of ballots by the machine. S.M. 2022, c. 5, s. 30 . Information for candidates and parties as to who has voted 114.1 At regular intervals during voting as determined by the chief electoral officer, the chief electoral officer must provide candidates and registered political parties with information as to who has voted. S.M. 2022, c. 5, s. 31 . DIVISION 2 VOTING AT REGULAR VOTING STATIONS ON ELECTION DAY APPLYING FOR A BALLOT Applying for ballot 115(1) A person who wishes to vote on election day must go to one of the following locations and give their name and address to the voting officer: (a) a voting place in the person's electoral division; (b) any returning office. Eligibility to vote if name on voters list and identity established 115(2) If a person's name is on the official voters list, the person may vote if he or she establishes his or her identity in accordance with section 2. Vouching for person on voters list whose identity not established 115(2.1) If a person's name is on the official voters list but the person is unable to establish his or her identity in accordance with section 2, the person may vote if (a) he or she takes an oath in the prescribed form; and (b) he or she is accompanied by someone who resides in the same electoral division and who (i) establishes his or her identity in accordance with section 2, and (ii) vouches for the person by taking an oath in the prescribed form. Vouching limit 115(2.2) A person must not vouch for more than one person at an election. Prohibition — person vouched for not to vouch for another 115(2.3) A person who has been vouched for at an election must not vouch for another person at that election. Applying to add name to voters list 115(3) A person whose name is not on the official voters list may apply to have it added by taking an oath in the prescribed form and establishing his or her identity to the voting officer in accordance with section 2. Additional information 115(3.1) The voting officer must ask a person applying under subsection (3) to provide his or her gender and date of birth, but providing that information is not a requirement for voting. Addition to voters list 115(4) If the voting officer is satisfied on the basis of the oath and the documents provided that the person is an eligible voter, the voting officer must add the person's name to the official voters list. Exception 115(5) A person whose name has been struck off the voters list during revision may not have his or her name added to the official voters list. When person listed as already voting 115(6) If a person wishes to vote but records at the voting station indicate that someone else has already voted under the person's name, the person may vote only if he or she takes an oath in the prescribed form and establishes his or her identity to the voting officer in accordance with section 2. Striking name from voters list 115(7) A voting officer must strike a person's name off the official voters list when the person is given a ballot. Ability to vote subject to voter challenge 115(8) A person's right to vote under this section is subject to section 116 (voter challenge). S.M. 2015, c. 44, s. 10 ; S.M. 2017, c. 35, s. 39 ; S.M. 2022, c. 5, s. 32 ; S.M. 2025, c. 46, s. 21 . Who may challenge 116(1) A voting officer, candidate, scrutineer or eligible voter may challenge a person's right to vote if he or she believes that the person (a) is not an eligible voter; (b) has already voted in the election; or (c) is falsely representing himself or herself as another person in order to vote. Deadline for challenge 116(2) A challenge must be made before the voter's ballot is put into the ballot box. Reason for challenge 116(3) The person making the challenge must state the reason for it. If no reason for the challenge is given, the voter who was challenged may proceed to vote as if no challenge had been made. Recording challenge 116(4) The voting officer must record the name of the person making the challenge and the reason in the voting book beside the name of the voter. Oath required 116(5) A voter who has been challenged must take an oath in the prescribed form before voting. Refusal to take oath before ballot received 116(6) If the challenge is made before the voter receives a ballot and the voter refuses to take the oath, the voting officer must ensure that the person does not vote. Refusal to take oath after ballot received 116(7) If the challenge is made after the voter receives a ballot and the voter refuses to take the oath, the voting officer must take the ballot and deal with it as if it were a spoiled ballot in accordance with section 122. S.M. 2022, c. 5, s. 33 . VOTING PROCEDURE Voting by regular ballot 117(1) Voters at a regular voting station must vote by regular ballot. Voting procedure 117(2) The following steps must be taken when a person votes at a regular voting station. STEP 1: Voting officer gives ballot to voter The voting officer must (a) initial the ballot and note the voting area; (b) explain to the voter how to mark the ballot; and (c) give the ballot to the voter. STEP 2: Voter marks ballot The voter must take the ballot directly to the voting compartment and without delay mark it or decline. STEP 3: Voter returns ballot to voting officer The voter must put the ballot in a secrecy sleeve or fold it, as directed by the voting officer, so as to ensure that the voter's vote is not visible to any other person, and immediately return it to the voting officer. STEP 4: Voting officer examines ballot The voting officer must confirm that it is the same ballot that was provided to the voter by ensuring that it has been initialed and the voting area noted. STEP 5: Putting the ballot in the ballot box If a vote counting machine is used, the voting officer must insert the ballot into the machine in full view of those present. If the machine provides a notification that the ballot cannot be read, the voting officer must follow the procedures established by the chief electoral officer under clause 101.1(3)⁠(c). If no vote counting machine is used, the voting officer must either return the ballot to the voter to put into the ballot box or put the ballot into the ballot box in full view of those present. Voter must leave voting place 117(3) A voter must leave the voting place without delay after his or her ballot is put into the ballot box. S.M. 2022, c. 5, s. 34 . VOTERS REQUIRING ASSISTANCE 118 [Repealed] S.M. 2022, c. 5, s. 35 . Voter requiring assistance 119(1) A voter who has a disability or difficulty reading or writing may do one or both of the following: (a) ask the voting officer to allow another person to come to the voting compartment with the voter and help them mark the ballot or decline; (b) use their own assistive device or an assistive device provided by the chief electoral officer (such as a braille template or magnifier) to vote. If voter uses CEO's assistive device 119(1.1) The voting officer must explain to the voter how to use an assistive device provided by the chief electoral officer. Who may assist voter 119(2) A voter may be assisted by the voting officer or another person who is at least 16 years old who takes an oath in the prescribed form. Limit on assistance 119(3) Except for the voting officer, a person may not assist more than two voters. Assistant's obligations 119(4) A person assisting a voter (a) must not attempt to influence the voter in choosing a candidate; (b) must mark the ballot, or assist the voter to do so, as directed by the voter; and (c) must not disclose how the person voted. S.M. 2022, c. 5, s. 36 . No voting if interpreter not available 120(1) If a person who does not speak English or French is required to take an oath in order to vote, the voting officer must not allow the person to vote until an interpreter is available to translate the oath. Interpreters 120(2) The voting officer may use an interpreter to translate any information required to be provided under the Act. Election official may interpret 120(3) An election official may act as an interpreter. Oath 120(4) Every person other than an election official must take an oath in the prescribed form before acting as an interpreter. S.M. 2015, c. 44, s. 11 . Allowing voter to vote outside 121(1) If a voter cannot get into the voting place because of a disability, the voting officer may take a ballot package, consisting of a certificate envelope and ballot, outside the entrance of the voting place to allow the person to vote. Privacy 121(2) The voting officer must take all practical steps to ensure that a person voting outside the voting place can mark their ballot without being observed and without interference or interruption. Candidates and scrutineers may be present 121(3) Candidates and scrutineers may accompany the voting officer when a ballot package is taken outside the voting place. Procedure on return to voting place 121(4) On returning to the voting place, the voting officer must remove the ballot from the certificate envelope and, while maintaining the secrecy of the vote, (a) insert the ballot into a vote counting machine if one is being used; or (b) put the ballot in the ballot box if no vote counting machine is used. S.M. 2022, c. 5, s. 37 . SPOILED BALLOTS Spoiled ballot 122(1) A voter who has incorrectly marked his or her ballot or inadvertently damaged it so that it cannot be used may return it to the voting officer and obtain a new ballot. Treatment of spoiled ballot 122(2) The voting officer must write "spoiled" on the back of the ballot and place it in the envelope provided for spoiled ballots. S.M. 2022, c. 5, s. 38 . SECRECY OF VOTING Secrecy of voting 123(1) Every person at a voting station, including persons present to vote or count the vote, must preserve the secrecy of the voting, and in particular, must not do any of the following: (a) interfere with a person marking a ballot; (b) attempt to discover how a person voted; (c) communicate information about how another person voted; (d) induce a person, directly or indirectly, to reveal how he or she voted. Voter not to show ballot 123(2) Except as otherwise provided in this Division, a person must not show his or her marked ballot to another person or receive assistance in marking his or her ballot. No one allowed in voting compartment 123(3) Except as otherwise permitted in this Division, a person must not enter a voting compartment while a voter is in the compartment or otherwise attempt to observe how a person marks his or her ballot. No requirement to disclose vote 123(4) In any legal proceeding, (a) a voter must not be required to reveal how he or she voted; and (b) a person who assisted a voter in voting must not reveal how the voter voted. DIVISION 3 POLITICAL ACTIVITIES AT VOTING PLACES Prohibition on political activities 124(1) On any day when voting occurs at a voting place, a person or organization must not do any of the following in the voting place or at ground level within a 50 metre radius of the entrance to the voting place: (a) influence or attempt to influence how a person votes; (b) distribute pamphlets, buttons or other items referring to the election, a candidate or a political party; (c) wear or display any item referring to the election, a candidate or a political party; (d) post or display a sign or poster referring to the election, a candidate or a political party. Voting station in multiple-unit building 124(2) If a voting station is located in a mall, apartment or other building with multiple units, the voting place is deemed to be the unit or area in which the voting station is located. Order to remove sign 124(3) If a sign or poster contravenes clause (1)⁠(d), the chief electoral officer, the returning officer, the voting officer or the senior voting officer for the voting place may order the person or organization that produced the sign or poster or authorized its production to remove or obscure it. The order may be made orally or in writing. Duty to remove 124(4) Upon receiving an order under subsection (3), the person or organization must, as soon as reasonably possible, (a) remove or obscure the sign or poster if it is posted or displayed on public property; or (b) make all reasonable efforts to ensure that the sign or poster is removed or obscured if it is posted or displayed on private property. Exception for notices under Act 124(5) Subsection (1) does not apply to a sign or notice that is posted under authority of this Act. Exception for scrutineers 124(6) Despite clause (1)⁠(c), a scrutineer for a candidate may wear a badge or ribbon that does not show the name or initials of the candidate or the political party that endorses the candidate, but which by colour alone indicates the candidate for whom he or she acts as a scrutineer. PART 10 SPECIAL VOTING OPPORTUNITIES DIVISION 1 ADVANCE VOTING GENERAL MATTERS Advance voting 125(1) The returning officer must establish advance voting stations to allow voting before election day. Conduct of advance voting 125(2) Advance voting must be conducted in the same way as voting at a regular voting station on election day, except as otherwise provided in this Division. No vouching during advance voting 125(2.1) Vouching for a person is not permitted at an advance voting station. Public notice 125(3) The chief electoral officer must arrange for public notice to be given of the dates, times and places of advance voting. Advance voting at returning office 125(4) An advance voting station must operate in the returning office from the second Saturday before election day to the Monday before election day. Additional advance voting stations 125(5) If the chief electoral officer approves, advance voting stations may operate at other locations between the second Saturday before election day and the Saturday before election day, on days specified by the returning officer. Maximum distance for advance voting 125(5.1) When establishing advance voting stations, the returning officer for an electoral division outside of Winnipeg and Brandon must make reasonable efforts to ensure that the residents of a town, village or other population centre with more than 50 eligible voters do not have to travel more than 30 km in order to vote at an advance voting station. Accessibility 125(6) An advance voting station must be located in a voting place that is accessible to physically disabled persons. Hours 125(7) With the exception of a mobile advance voting station, an advance voting station must, whenever practical, (a) open at 8:00 a.m. and close at 8:00 p.m. on any day other than Sunday; and (b) open at 12:00 p.m. and close at 6:00 p.m. on Sunday. S.M. 2008, c. 43, Sch. B, s. 19 ; S.M. 2017, c. 35, s. 40 ; S.M. 2022, c. 5, s. 39 ; S.M. 2025, c. 46, s. 22 . Mobile advance voting station 126(1) If the chief electoral officer approves, the returning officer may establish a mobile advance voting station that will operate at different locations throughout the electoral division. Hours of operation 126(2) A mobile advance voting station must be open during the hours between 8:00 a.m. and 8:00 p.m. specified by the returning officer, and approved by the chief electoral officer. 127 [Repealed] S.M. 2017, c. 35, s. 41 ; S.M. 2022, c. 5, s. 40 . List of advance voters 128 The voting officer for an advance voting station must keep a list, in the prescribed form, of every person who votes at the station. VOTING Advance voting 129(1) A voter may vote at an advance voting station in accordance with this section, whether they reside in the electoral division in which the voting station is located or not. Identification requirements 129(2) A voter must establish their identity to the voting officer in accordance with section 2. Type of ballot 129(3) A voter who resides in the electoral division in which the voting station is located must vote by regular ballot using the procedures in Part 9 (regular voting). A non-resident voter must vote by regular ballot if available or, if not, by write-in ballot using the procedures in section 139 (write-in ballot). S.M. 2022, c. 5, s. 41 . Notice to returning officer 130(1) By the end of each day of advance voting, the voting officer must report the name of each voter who voted at the voting station to the returning officer. Notation on official voters list 130(2) For each voter who votes at an advance voting station, the returning officer must strike their name off the official voters list and note "advance" beside their name. S.M. 2022, c. 5, s. 41 . Transfer of ballots to returning officer 130.1 At the close of voting at an advance voting station, or at the end of the day of advance voting if directed to do so by the chief electoral officer, the voting officer of an advance voting station must — in the presence of any candidates or scrutineers who are present — take the following steps: 1. Open the ballot box and transfer the ballots and any certificate envelopes to a ballot transfer box. 2. Arrange for the ballot transfer box to be sent to the returning officer of the electoral division in which the votes were cast. S.M. 2022, c. 5, s. 41 . Counting the advance vote 131 At 8:00 p.m. on election day, the returning officer must deal with and count the advance vote at the returning office using (a) as nearly as possible, the procedures in subsection 140(3) for write-in ballots (counting institutional write-in ballots); and (b) the procedures in section 159 or 159.1 for regular ballots (counting regular ballots on election day). S.M. 2022, c. 5, s. 41 . 132 to 133 [Repealed] S.M. 2022, c. 5, s. 42 . 134 [Repealed] S.M. 2017, c. 35, s. 42 ; S.M. 2022, c. 5, s. 42 . 135 [Repealed] S.M. 2022, c. 5, s. 42 . Treatment of late advance ballots 136 If a certificate envelope containing an advance ballot is received by the returning officer after 8:00 p.m. on election night, the returning officer must (a) keep the envelope in a secure location; and (b) count the ballot with the institutional write-in ballots under subsection 140(3). S.M. 2022, c. 5, s. 43 . DIVISION 2 INSTITUTIONAL VOTING Institutional voting stations 137(1) The returning officer must establish institutional voting stations to allow voting on election day by (a) patients and residents of health care facilities in the electoral division; and (b) inmates of correctional facilities in the electoral division. Co-located facility or residence 137(1.1) If the chief electoral officer approves, the returning officer may extend an institutional voting station established under clause (1)⁠(a) to a co-located facility or residence where seniors or persons with disabilities reside. Duty of administrator 137(2) The administrator of a health care facility or correctional facility must provide a suitable place in the facility for the institutional voting station to operate. Conduct of institutional voting 137(3) Voting at an institutional voting station must be conducted in the same way as voting at a regular voting station, except as otherwise provided in this Division. Establishing identity at institutional voting stations 137(3.1) The identity of patients and residents of a health care facility and inmates at a correctional facility may be established based upon information provided to the voting officer by staff at the facility. Voting station may move 137(4) An institutional voting station may operate at a single location or may move within the facility. Station may serve more than one facility 137(5) An institutional voting station may serve more than one facility in the electoral division. Hours of operation 137(6) An institutional voting station must be open on election day during the hours between 8:00 a.m. and 8:00 p.m. specified by the returning officer and approved by the chief electoral officer. S.M. 2008, c. 43, Sch. B, s. 20 ; S.M. 2015, c. 44 , s.12; S.M. 2017, c. 35, s. 43 ; S.M. 2022, c. 5, s. 44 . Ballots — institutional vote 138 A voter at an institutional voting station must vote by write-in ballot unless regular ballots are available. S.M. 2022, c. 5, s. 45 . Write-in ballot voting procedure 139 The following steps must be taken when a person is voting by write-in ballot at an institutional voting station. STEP 1: Voter gives name and address The voter must give his or her name and address to the voting officer, who must record the information on the certificate envelope. The voting officer must then determine which electoral division the voter resides in and write the name of that division on the envelope. STEP 2: Voter takes oath The voter must take and sign an oath in the prescribed form on the certificate envelope. STEP 3: Voting officer gives ballot to voter The voting officer must (a) write his or her initials on the back of the ballot; (b) fold the ballot so that the initials can be seen without opening the ballot; (c) explain to the voter how to mark and fold the ballot; (d) give the voter a list of the candidates in the voter's electoral division that also indicates the registered political party, if any, that has endorsed a candidate; and (e) give the ballot to the voter. STEP 4: Voter marks ballot The voter must take the ballot directly to the voting compartment and, without delay, mark the ballot (a) by writing the name of the candidate of his or her choice in the space provided for that purpose on the front of the ballot; or (b) by writing "declined" on the front of the ballot. STEP 5: Voter returns ballot The voter must fold the ballot as instructed and immediately return it to the voting officer. STEP 6: Voting officer examines ballot Without unfolding the ballot, the voting officer must confirm that it is the same ballot given to the voter by examining his or her initials. STEP 7: Voting officer puts ballot in envelope The voting officer must (a) put the ballot into the ballot envelope in full view of the voter and seal it; and (b) put the ballot envelope into the certificate envelope and seal it. STEP 8: Voting officer or voter puts envelope in box The voting officer must either return the certificate envelope to the voter to put into the ballot box or put the certificate envelope into the ballot box in full view of the voter. Counting institutional vote 140(1) At 8:00 p.m. on election day or at a time specified by the chief electoral officer, the voting officer of an institutional voting station must — in the presence of any candidates or their scrutineers who are present — take the following steps: STEP 1: Reconcile the ballots Count the number of ballots issued to voters and the number of voters who appear to have voted according to the voting book. Complete and sign a certificate of those counts and allow any candidate or scrutineer present to also sign. Count and record the spoiled ballots. STEP 2: Count the ballots or transfer them to the RO for counting At the direction of the chief electoral officer, open the ballot box and do one of the following: (a) count the write-in ballots using the procedures in subsection 140(3), and count any regular ballots using as nearly as possible the procedures in section 159 or 159.1; (b) put the ballots and all other election materials in a ballot transfer box and deliver it to the returning officer to count the ballots using those same procedures. If returning officer counts ballots 140(2) If the ballots are transferred to the returning officer, the returning officer must notify the candidates of the time and place for counting the ballots. Counting the write-in ballots 140(3) Write-in ballots are to be counted as follows in the presence of the candidates or their scrutineers or two witnesses if no candidates or scrutineers are present: 1. If the certificate envelopes indicate that write-in ballots have been cast in more than one electoral division, sort the certificate envelopes by electoral division. Proceed with steps 2 to 9 for each electoral division. 2. Verify the address of each voter and ensure that it corresponds to the correct electoral division. 3. From the voter's name and address on the certificate envelope, determine whether the voter is on the voter's list for the electoral division and whether the voter has previously voted in the election. 4. If the voter is not on the voters list but the voter's address is in the electoral division, add the voter to the list. 5. If the voter has previously voted or the voter's address is not in the electoral division, set aside the certificate envelope unopened and put it in a separate envelope for ballots not to be counted. 6. Open the remaining certificate envelopes, remove the ballot envelopes and — after separating the ballot envelopes from the certificate envelopes so that a voter's name cannot be identified with a ballot — open the ballot envelopes and examine the write-in ballots. 7. Reject any write-in ballot that (a) appears not to have been supplied for the election; (b) does not set out the name of a candidate in the electoral division in the space provided on the front of the ballot or "declined"; (c) sets out the name of more than one candidate; (d) is marked in a way that could identify the voter; or (e) indicates a vote for a candidate who has withdrawn from the election. However, no write-in ballot that clearly indicates the candidate for whom the voter intended to vote is to be rejected merely because (f) the ballot is marked out of, or partly out of, its proper space; (g) the candidate's name is written incorrectly; or (h) in addition to a candidate's name, the voter has written the name of the registered political party that has endorsed the candidate or the word "independent". 8. For each electoral division, examine the write-in ballots that are not rejected and arrange them in piles according to the name of the candidate for which the vote was cast. Place the ballots marked "declined" in a separate pile. Deal with and count the ballots in each pile. Count and record separately the declined ballots, the rejected ballots and the ballots that have been objected to. 9. After counting the write-in ballots and any regular ballots, follow the chief electoral officer's instructions to announce and report the results, prepare a statement of the vote, prepare envelopes for the ballots and deal with the ballot transfer box. S.M. 2022, c. 5, s. 46 . DIVISION 3 MOBILE VOTING STATIONS Mobile voting stations 141(1) If the distribution of voters in an area makes it impractical to establish a voting station for the area at a single location, the returning officer may, with the approval of the chief electoral officer, establish a mobile voting station that travels from place to place within the area on election day, or on any day of advance voting. Voting at mobile voting stations 141(2) To the extent possible, voting at a mobile voting station must be conducted in the same way as voting at a regular voting station. Hours of operation 141(3) A mobile voting station must be open during the hours between 8:00 a.m. and 8:00 p.m. specified by the returning officer, and approved by the chief electoral officer. Notice 141(4) The chief electoral officer must arrange for public notice to be given of when and where a mobile voting station will operate. S.M. 2008, c. 43, Sch. B, s. 21 ; S.M. 2017, c. 35, s. 44 ; S.M. 2022, c. 5, s. 48 . Counting the mobile vote 142 At 8:00 p.m. on election day or at a time specified by the chief electoral officer, the voting officer of a mobile voting station must deal with and count the ballots cast at the station using (a) the procedures in subsection 140(3) for write-in ballots; and (b) the procedures in section 159 or 159.1 for regular ballots. S.M. 2022, c. 5, s. 49 . DIVISION 4 ABSENTEE VOTING APPLICATIONS Eligible absentee voters 143(1) In order to be eligible to vote as an absentee voter, an eligible voter must come within one of the following circumstances: (a) the person expects to be absent from Manitoba for at least one month and wishes to vote as an absentee if an election is held during that absence; (b) the person expects, after an election is called, (i) to be absent from his or her electoral division on election day and during advance voting, or (ii) to be in a location significantly distant from his or her ordinary voting place on election day and during advance voting, making it not reasonably possible to vote at that place. How to apply 143(2) An application to vote as an absentee must be in writing and include the following: (a) the applicant's name and telephone number, and his or her current or most recent residential and mailing address in his or her electoral division; (b) the date the applicant left or intends to leave the electoral division and the expected date of return, if the application is made under clause (1)⁠(a) or subclause (1)⁠(b)⁠(i); (c) the mailing address where the applicant wishes to receive an absentee voting package and, if available, the telephone number, fax number or e-mail address for the applicant at that location; (d) a signed declaration that the applicant is eligible to vote as an absentee voter; (e) the documents required under section 2 to establish the applicant's identity and residence. Additional information 143(2.1) An applicant may be asked to provide his or her gender and date of birth in an application to vote as an absentee. Application before returning office opens 143(3) An application made before the returning office for the applicant's electoral division opens must be sent to the chief electoral officer. Application after returning office opens 143(4) An application made after the returning office for the applicant's electoral division opens must be sent to the returning officer so that it is received no later than the Saturday before election day. Notice of changes 143(5) The applicant must advise the person to whom he or she applied of any changes to the information contained in his or her application. S.M. 2015, c. 44, s. 13 ; S.M. 2017, c. 35, s. 45 . Absentee voter registry 144(1) The chief electoral officer must maintain a registry of persons who apply to vote as absentee voters until the returning office opens. Removing name from registry 144(2) The chief electoral officer must remove a person's name from the registry (a) when requested to do so by the person; (b) when advised that the person has died; (c) before the returning office opens, if the person's application indicates that he or she expects to return to the electoral division before election day; and (d) on the person's expected date of return to the electoral division, as indicated in the application, unless the name has already been removed under clause (c). Notice 144(3) The chief electoral officer must attempt to notify a person whose name is removed from the registry under clause (2)⁠(c) or (d). Applications to returning officer 144(4) When the returning office opens, the chief electoral officer must give the returning officer the applications of those persons on the registry who reside in that electoral division. S.M. 2017, c. 35, s. 46 . Decision 145 The returning officer must allow an applicant to vote as an absentee voter if he or she is satisfied that the applicant is an eligible voter and has met the requirements of this Division. If the applicant is not already on the voters list, the returning officer must add his or her name to the list. Absentee voting package 146(1) Subject to subsection (2), the returning officer must arrange for the following to be delivered or mailed to an absentee voter: (a) instructions on how to vote as an absentee voter; (b) a write-in ballot initialed by the returning officer; (c) a ballot envelope; (d) a certificate envelope in the prescribed form; (e) an outer envelope with the returning officer's address printed on it; (f) [repealed] S.M. 2017, c. 35, s. 47 . Absentee voter to get voting package 146(2) A person whose application is received by the returning officer on or after the second Friday before election day must make arrangements to have the absentee voting package delivered to him or her. Record of absentee voters 146(3) After the absentee voting package is delivered or mailed to an absentee voter, the returning officer must (a) strike the voter's name off the voters list for absentee voting and note "absentee" beside their name; and (b) enter the voter's name and address in the voting book for absentee voters. Person deemed to have voted 146(4) After an absentee voting package is delivered or mailed to an absentee voter, the person is deemed to have voted and must not vote, or attempt to vote, by any other method in the election. S.M. 2017, c. 35, s. 47 ; S.M. 2022, c. 5, s. 50 . Absentee voting procedure 147 An absentee voter must take the following steps to vote: STEP 1: Complete certificate envelope Complete the certificate envelope and sign the declaration on it, certifying his or her identity and that he she has not previously voted in the election. STEP 2: Mark the ballot Mark the ballot (a) by writing the name of the candidate or the registered political party of the candidate of his or her choice in the space provided for that purpose on the front of the ballot; or (b) by writing "declined" on the front of the ballot. STEP 3: Put ballot in ballot envelope Put the ballot in the ballot envelope and seal the ballot envelope. STEP 4: Put ballot envelope in certificate envelope Put the ballot envelope in the certificate envelope and seal the certificate envelope. STEP 5: Put certificate envelope in outer envelope Put the certificate envelope in the outer envelope and seal the outer envelope. STEP 6: Deliver outer envelope Deliver or mail the outer envelope so that it arrives at the returning office no later than 8:00 p.m. on election day. S.M. 2017, c. 35, s. 48 . Late absentee ballots 148 An absentee ballot received at the returning office after 8:00 p.m. on election day must not be counted. Treatment of absentee ballots 149(1) On receiving an absentee ballot, the returning officer must (a) remove the certificate envelope from the outer envelope and examine the certificate to ensure that it is properly completed and signed; (b) determine if the voter has previously voted in the election; and (c) make an entry beside the voter's name in the voting book for absentee voters indicating that the voter's ballot was returned. Placement into ballot box 149(2) If the certificate has been signed and properly completed and the voter has not previously voted in the election, the returning officer must put the unopened certificate envelope in the ballot box for absentee voters. Ballots not to be counted 149(3) If the certificate has not been properly completed and signed or the voter has previously voted in the election, the returning officer must write "incomplete" or "previously voted" on the back of the certificate envelope and put it in a separate envelope for ballots not to be counted. Counting the absentee vote 150 As soon as possible after 8:00 p.m. on election day, the returning officer must, in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present, (a) open the ballot box for absentee voters; and (b) deal with and count the absentee ballots using as nearly as possible the procedures in subsection 140(3) (counting institutional write-in ballots), but with the following changes: (i) if the voter has voted for a registered political party rather than a candidate as permitted by STEP 2 of section 147, the vote is to be counted as a vote for the candidate in the electoral division endorsed by that party, (ii) a ballot is to be rejected if it is marked for a registered political party that has not endorsed a candidate in the electoral division, or if it is marked for both a candidate and a registered political party but the candidate is not endorsed by that political party. S.M. 2017, c. 35, s. 49 ; S.M. 2022, c. 5, s. 51 . DIVISION 5 HOMEBOUND VOTING Eligible homebound voters 151(1) A person is eligible to vote at home if (a) he or she is unable to go in person to a voting station due to a disability; or (b) he or she is providing care to a person who is unable to leave home. How to apply 151(2) An application to vote as a homebound voter must be made in writing and must (a) give the applicant's name, address and telephone number; (a.1) establish the applicant's identity in accordance with section 2; (b) include a signed declaration that the applicant is eligible to vote as a homebound voter; and (c) be received by the returning officer no later than the day before election day. Additional information 151(2.1) An applicant may be asked to provide his or her gender and date of birth in an application to vote as a homebound voter. Decision 151(3) The returning officer must allow an applicant to vote at home if he or she is satisfied that the applicant is an eligible voter who has met the requirements of this section. If the applicant is not already on the voters list, the returning officer must add the name to the list. S.M. 2015, c. 44, s. 14 ; S.M. 2017, c. 35, s. 50 . Homebound voting package 152(1) The returning officer must arrange for the following to be given to a homebound voter: (a) instructions on how to vote at home; (b) a regular ballot initialed by the returning officer; (c) a ballot envelope; (d) a certificate envelope in the prescribed form; (e) an outer envelope with the returning officer's address printed on it. Delivery and return of homebound ballots 152(2) Whenever practical to do so, an election official must personally deliver a homebound voting package to a homebound voter. The election official should allow the voter to vote and then return the outer envelope containing the ballot to the returning office. Exception 152(3) If it is not practical for an election official to personally deliver the homebound voting package, the package may be mailed or otherwise delivered to the voter. Record of homebound voters 152(4) After the homebound voting package has been delivered or mailed to the homebound voter, the returning officer must (a) strike the voter's name off the voters list for homebound voters and write "homebound" beside the name; and (b) enter the voter's name and address in a separate voting book for homebound voters. Person deemed to have voted 152(5) When a homebound voting package is delivered or mailed to a person, the person is deemed to have voted and must not vote, or attempt to vote, by any other method in the election. S.M. 2022, c. 5, s. 52 . Homebound voting procedure 153 A homebound voter must take the following steps to vote. STEP 1: Complete certificate envelope Complete the certificate envelope and sign the declaration on it, certifying his or her identity and that he or she has not previously voted in the election. The signature must be witnessed by another eligible voter in the electoral division. STEP 2: Mark the ballot Mark the ballot or decline. STEP 3: Put ballot in ballot envelope Put the ballot into the ballot envelope and seal the ballot envelope. STEP 4: Put ballot envelope in certificate envelope Put the ballot envelope in the certificate envelope and seal the certificate envelope. STEP 5: Put certificate envelope in outer envelope Put the certificate envelope in the outer envelope and seal the outer envelope. STEP 6: Return outer envelope Return the outer envelope to the election official who delivered it to the homebound voter or return it to the returning office no later than 8:00 p.m. on election day. S.M. 2022, c. 5, s. 53 . Late homebound ballots 154 A homebound ballot received at the returning office after 8:00 p.m. on election day must not be counted. Treatment of homebound ballots 155(1) When a homebound ballot is returned to the returning office, the returning officer must (a) remove the certificate envelope from the outer envelope and examine the certificate to ensure that it is properly completed and signed; (b) determine if the voter has previously voted in the election; and (c) make an entry beside the voter's name in the voting book for homebound voters indicating that the voter's ballot was returned. Placement into ballot box 155(2) If the certificate has been signed and properly completed and the voter has not previously voted in the election, the returning officer must put the unopened certificate envelope in the ballot box for homebound voters. Ballots not to be counted 155(3) If the certificate has not been properly completed and signed or the voter has previously voted in the election, the returning officer must write "incomplete" or "previously voted" on the back of the certificate envelope and put it in a separate envelope for ballots not to be counted. Counting the homebound vote 156 As soon as possible after 8:00 p.m. on election day, the returning officer must — in the presence of the candidates or their scrutineers, or two voters if no candidates or scrutineers are present — take the following steps to count the homebound vote: 1. Open the ballot box for homebound voting. 2. Open the certificate envelopes and remove the ballot envelopes. 3.

After separating the ballot envelopes from the certificate envelopes so that no voter's name can be identified with a ballot, open the ballot envelopes and examine the ballots. 4. Deal with and count the ballots using as nearly as possible the procedures in section 159 or 159.1(counting regular ballots on election day). S.M. 2022, c. 5, s. 54 . PART 11 COUNTING THE VOTE CLOSING THE VOTING STATION Voting station closes at 8:00 p.m. 157 At 8:00 p.m. on election day, the voting officer must close the voting station. Any eligible voter who at that time is at the voting station or in line at the entrance to the voting station or voting place for the purpose of voting must be issued a ballot and allowed to vote. COUNTING THE VOTE Counting the vote 158 Immediately after the voting place is closed, the vote must be counted in full view of any candidates or scrutineers present. S.M. 2022, c. 5, s. 55 . Steps to follow — with vote counting machine 159(1) The voting officer must take the following steps in counting the vote if a vote counting machine is used: STEP 1: Reconcile the ballots For each voting station and voting place, count the number of ballots issued to voters and the number of voters who appear to have voted according to the voting book. Complete and sign a certificate of those counts and allow any candidate or scrutineer present to also sign. Count and record the spoiled ballots. STEP 2: Follow count procedures by CEO Use the vote counting machine, in accordance with the procedures established by the chief electoral officer, to produce a paper record of the following for the voting place: (a) the number of votes cast for each candidate; (b) the number of rejected and declined ballots. STEP 3: Announce the results Announce the results to the candidates and scrutineers present and report the results to the returning officer. STEP 4: Prepare a statement of the vote From the paper record of the votes produced by the vote counting machine, complete and sign a statement of the vote for the voting place, in the prescribed form, setting out the number of votes cast for each candidate and the number of rejected ballots. Include in the statement the number of declined and spoiled ballots. Account for all the ballots supplied by the returning officer. Allow any candidate or scrutineer present to also sign. STEP 5: Open the ballot box and transfer the ballots Open the ballot box to which the vote counting machine is attached and transfer the ballots to a ballot transfer box. STEP 6: Deal with unused and spoiled ballots Place the unused and spoiled ballots in separate envelopes. Seal and sign each envelope and allow any candidate or scrutineer present to also sign. STEP 7: Place election materials in the ballot transfer box Put the statement of the vote, the envelopes containing the unused and spoiled ballots, and any other material directed by the chief electoral officer in the ballot transfer box and seal and sign it. Allow any candidate or scrutineer present to sign across the seal. STEP 8: Deliver the ballot transfer box to the returning officer Personally deliver the sealed ballot transfer box and the vote counting machine to the returning officer or to a person designated by the returning officer. If personal delivery is impractical, arrange for secure delivery by another means as instructed by the returning officer. If technical problems 159(2) If, in the opinion of the voting officer, there are technical or similar problems with the vote counting machine, the voting officer must follow the procedures established by the chief electoral officer for conducting the count. S.M. 2022, c. 5, s. 55 . Steps to follow — without vote counting machine 159.1 The voting officer must take the following steps in counting the vote if a vote counting machine is not used: STEP 1: Reconcile the ballots For each voting station and voting place, count the number of ballots issued to voters and the number of voters who appear to have voted according to the voting book. Complete and sign a certificate of those counts and allow any candidate or scrutineer present to also sign. Count and record the spoiled ballots. STEP 2: Count the number of ballots cast Open the ballot box and count and record the number of ballots in the box. STEP 3: Determine if ballots are acceptable Accept every ballot that is marked in a way that clearly indicates the voter's intention to vote for a single candidate. However, the following ballots must be rejected: (a) a ballot that the voting officer did not give to the voter; (b) a ballot marked in a way that could identify the voter; (c) a ballot marked beside the name of more than one candidate; (d) a ballot marked beside the name of a candidate that also includes the word "declined"; (e) a ballot marked beside the name of a candidate who has withdrawn from the election; (f) a ballot that has more than two marks beside the name of a candidate. No ballot is to be rejected merely because (g) the "X" or other acceptable mark is not inside the space provided for that purpose beside the candidate's name; or (h) the voter has marked the ballot with something other than the instrument provided in the voting compartment. STEP 4: Decide about objections to ballots Consider and record each objection raised by a candidate or scrutineer about the acceptance or rejection of a ballot and make a decision without delay. STEP 5: Count the ballots Count and record the ballots accepted for each candidate. Count and record separately the declined ballots, the rejected ballots and the ballots that have been objected to. STEP 6: Announce the results Announce the results to the candidates and scrutineers present and report the results to the returning officer. STEP 7: Prepare a statement of the vote Complete and sign a statement of the vote, in the prescribed form, setting out the number of votes cast for each candidate and the number of rejected ballots. Include in the statement the number of declined and spoiled ballots. Account for all the ballots supplied by the returning officer. Allow any candidate or scrutineer present to also sign. STEP 8: Prepare envelopes for all ballots Put into separate envelopes the accepted ballots for each candidate, the rejected ballots not objected to, the rejected ballots objected to, the declined ballots, the spoiled ballots and the unused ballots. Seal and sign each envelope and allow any candidate or scrutineer present to also sign. STEP 9: Put election materials in ballot transfer box Put the statement of the vote, the various envelopes containing the ballots, including unused and spoiled ballots, and any other material directed by the chief electoral officer in a ballot transfer box and seal and sign it. Allow any candidate or scrutineer present to sign across the seal. STEP 10: Deliver the ballot transfer box to the returning officer Personally deliver the sealed ballot transfer box to the returning officer or to a person designated by the returning officer. If personal delivery is impractical, arrange for secure delivery by another means as instructed by the returning officer. S.M. 2022, c. 5, s. 55 . Counting ballots cast in returning office on election day 159.2 For ballots cast in the returning office on election day, the returning officer must, after the close of voting, deal with and count the vote at the returning office using the procedures in section 131 (counting the advance vote). S.M. 2025, c. 46, s. 23 . FINAL TALLY OF VOTES BY RETURNING OFFICER RO to do final tally of votes 160(1) The returning officer must complete a final tally of the votes as soon as possible after (a) all the ballot transfer boxes are received from the voting officers; and (b) the results of the advance vote under section 131 and the institutional vote under section 140 have been reported by all the returning officers of electoral divisions in which those votes were cast. Candidates and scrutineers present 160(2) The returning officer must give the candidates notice of the time and place of the final tally, and must conduct it in the presence of the candidates or their scrutineers, or two witnesses if no candidates or scrutineers are present. RO may not alter a decision of the voting officer 160(3) The returning officer may not change a voting officer's decision to accept or reject a ballot. S.M. 2022, c. 5, s. 55 . Steps to follow 161 The returning officer must take the following steps in doing the final tally of the votes. STEP 1: Verify the statement of the vote Open each ballot box or ballot transfer box received from the voting officers. From the statement of the vote and the returned election materials, verify that each statement of the vote is accurate and make any necessary corrections in accordance with the instructions of the chief electoral officer. STEP 2: Prepare statement of official results From the statements of the vote for all voting places and from the results of the count of the non-resident advance vote under section 131 and the institutional vote under section 140, prepare a statement of official results for the electoral division in the prescribed form. The statement must set out (a) the total number of votes cast for each candidate; (b) the number of votes cast on election day in each voting area for each candidate; (c) the number of voters registered for each voting area; (d) the number of advance, institutional, absentee and homebound votes cast; (e) the number of rejected and declined ballots. The votes cast on election day in a returning office and counted under section 159.2 must not be reported under clause (b), and must be excluded from the number of advance votes reported under clause (d). STEP 3: Return election material to box Put any material removed from the ballot box or ballot transfer box back in the box and seal and sign the box. Allow any candidate or scrutineer present to also sign. S.M. 2022, c. 5, s. 55 ; S.M. 2025, c. 46, s. 24 . DECLARING A CANDIDATE ELECTED RO to declare candidate elected 162(1) When the candidate with the most votes has at least 50 votes more than the candidate with next largest number of votes, the returning officer must declare the candidate with the most votes to be elected. When declaration is made 162(2) The declaration must take place on the day specified in the notice of election under subsection 51(1). Official results to be given to candidates 162(3) Upon declaring a candidate elected, the returning officer must give a copy of the statement of official results to each candidate or candidate's representative. POSTPONING DECLARATION IF BALLOTS DELAYED Postponing the declaration of election 163(1) If, on the day specified in the notice of election for declaring a candidate elected, (a) not all the ballot boxes, ballot transfer boxes or ballots have been returned; or (b) the returning officer is, for any other reason, unable to determine the number of votes cast for each candidate; the returning officer must postpone the declaration for not more than seven days. Additional postponements 163(2) If necessary, the returning officer may postpone the declaration of election for further periods of not more than seven days, as long as the declaration is not delayed more than 30 days in total. If reason for delay not resolved 163(3) If the reason for postponing the declaration of election is still not resolved 30 days after the day originally fixed for the declaration, the returning officer must nevertheless prepare a statement of official results based on the information available at that time. Missing ballots may not be considered 163(4) In preparing a statement of official results under subsection (3), the returning officer must not consider any missing ballots unless he or she has the statement of the vote for that voting station or voting place, signed by the voting officer. In that case, the returning officer must use the counts set out in that statement as the number of votes cast for each candidate. S.M. 2022, c. 5, s. 56 . Opening ballot box or transfer box to retrieve information 164(1) A returning officer who needs access to materials in a ballot box or ballot transfer box may, after notifying the candidates, open the box, obtain the necessary information or materials and immediately reseal the box. Candidates or scrutineers present 164(2) When a ballot box or ballot transfer box has been sealed by the returning officer in step 3 of section 161, it may be opened only in the presence of the candidates or their scrutineers or two witnesses if no candidates or scrutineers are present. S.M. 2022, c. 5, s. 57 . PART 12 JUDICIAL RECOUNT RECOUNT BY THE COURT OF KING'S BENCH Application by RO 165(1) If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 50, the returning officer must immediately apply to the court for a recount. Application by candidate or voter 165(2) If a recount is not required under subsection (1), any candidate or voter in the electoral division may — for the sole purpose of declaring elected the candidate who obtained the most votes — apply to the court for a recount. No recount re reimbursement 165(3) For greater certainty, an application may not be made for the purpose of determining if a candidate has received the number of votes required for election expenses to be reimbursed under The Election Financing Act . Deadline for application 165(4) An application by a candidate or a voter must be made within six days after a candidate is declared elected under section 162. S.M. 2012, c. 35, Sch. A, s. 118 . Recount within two weeks 166(1) The judge conducting the recount must set a date for the recount that is within two weeks after the application is received. Judge must not reside in electoral division 166(2) A judge who is a resident of the electoral division for which the recount is applied for is not eligible to conduct the recount. Parties 166(3) The parties to the recount are the applicant, the returning officer and each candidate in the election. They may be present, submit evidence and make submissions, and may be represented by counsel. Notice 166(4) The applicant must serve notice of the time and place of the recount to the chief electoral officer and each party at least four days before the date set for the recount. Election officials to attend 166(5) The returning officer and the assistant returning officer or officers must attend at the time and place set for the recount, and must bring the ballot boxes and any other required documents. They must be present during the recount to assist the judge. Officials may assist 166(6) The judge may appoint any person as an official to assist in the recount. Recount process 167(1) During the recount, (a) the judge must hear and determine every complaint or submission about the ballots rejected by a voting officer and the ballots objected to, and must either confirm or reverse the decision of the voting officer; (b) the judge, or officials appointed under subsection 166(6), must count all the ballots in the manner prescribed for a voting officer; and (c) the judge must hear and determine every complaint or submission made by a party about any ballot counted under clause (b). Powers of judge 167(2) The judge must conduct the recount according to the provisions of this Act respecting the counting of ballots. For that purpose the judge (a) has the powers of a voting officer in counting ballots; (b) may examine the voting book; and (c) must verify and correct the statement of the vote and the statement of official results. Witnesses 167(3) The voting officers may be called as witnesses. Recount must be continuous 167(4) As far as practicable, the recount must proceed continuously from 9:00 a.m. to 5:00 p.m., Monday to Friday, unless the judge and the parties agree otherwise. Security of documents 167(5) During any time when the recount is not proceeding continuously, the judge must keep the ballots and other documents relating to the election under seal and take all necessary precautions for their security. S.M. 2022, c. 5, s. 58 . Procedure when recount completed 168(1) When the recount is completed, the judge must announce the results, seal the ballots and other documents in their respective envelopes, and prepare a certificate stating the number of votes cast for each candidate. Certificate 168(2) As soon as the five-day appeal period under section 169 ends, the judge must give the original certificate to the returning officer and a copy to each other party. If an appeal is filed, the judge must wait for the result of the appeal before giving the certificate. Declaration of election 168(3) Upon receiving the judge's certificate, the returning officer must declare elected the candidate with the most votes. Return of documents to RO 168(4) The judge must return the ballots and other election documents to the returning officer after giving the certificate to the returning officer. No costs if RO applies for recount 168(5) No costs may be awarded on a recount applied for by a returning officer. Costs if candidate or voter applies for recount 168(6) No costs may be awarded on a recount applied for by a candidate or a voter unless the judge considers that a party has engaged in frivolous or vexatious conduct or made unfounded allegations or objections. APPEAL FROM DECISION ON RECOUNT Appeal from judge's decision 169(1) Any party may appeal a decision of the judge who conducted the recount by giving a written notice of appeal to that judge and the other parties within five days after the recount is completed. Appeal may be limited 169(2) In the notice of appeal, the applicant may limit the appeal to decisions made by the judge about specific ballots. Duty of judge 169(3) If the appeal is limited to specific ballots, the judge must seal those ballots in a separate package and deliver them to the Court of Appeal along with the notice of appeal and the judge's certificate of the results. If the appeal is not limited, the judge must forward all the ballots and other documents to the Court of Appeal. Hearing date 169(4) Upon receiving the notice of appeal and other documents, the registrar of the Court of Appeal must immediately (a) arrange a hearing date that is within 10 days after the notice is received; and (b) notify the parties and the chief electoral officer of the time and place of the hearing. Officials may assist 169(5) The Court of Appeal may appoint any person as an official to assist in the recount. Appeal process 169(6) The Court of Appeal or the officials appointed under subsection (5) must recount the ballots or those ballots that are the subject of the appeal or review the decision of the judge about which the appeal is taken, as the case may be. Decision on appeal 169(7) The Court must certify its decision to the judge who conducted the recount, who must then without delay deliver an original certificate of the results to the returning officer, and a copy of the certificate to the other parties. Costs 169(8) No costs may be awarded on an appeal. NEW ELECTION IF TIE VOTE New election if tie vote 170(1) If no candidate can be declared elected after a recount because of a tie vote, a new election must be held. RO to inform CEO 170(2) When a new election is required, the returning officer must immediately give the chief electoral officer the certificate of the judge who conducted the recount, along with the writ of election indicating that no member was elected. New writ 170(3) The chief electoral officer must then prepare a new writ of election that (a) is dated and issued to the returning officer on the first Tuesday after the judge's certificate is received; and (b) states that election day is on the Tuesday that is 28 days after the date the writ is issued. S.M. 2008, c. 43, Sch. B, s. 22 ; S.M. 2016, c. 14, s. 4 . PART 13 RETURN OF THE WRIT AND REPORT OF ELECTION RESULTS RETURN OF THE WRIT Return of the writ 171(1) On the seventh day after a candidate is declared elected, the returning officer must certify which candidate has been elected on the back of the writ of election and return it to the chief electoral officer. Return of writ if recount 171(2) However, if there has been a recount, the writ is to be returned only after the returning officer receives the certificate of the judge conducting the recount. Statement of official results to accompany return 171(3) A copy of the statement of official results under section 161 must be attached to the writ. Election material returned to CEO 172 The returning officer must deliver the ballots, voters lists, voting books and any other documents or material used at the election to the chief electoral officer as soon as practicable after returning the writ. Report to CEO on the conduct of the election 173 The returning officer must give the chief electoral officer a complete statement of the conduct of the election, including any information the chief electoral officer requires, within 30 days after returning the writ. REPORT OF ELECTION RESULTS BY CHIEF ELECTORAL OFFICER Report to Clerk of the Assembly 174 Upon receiving the return of the writ, the chief electoral officer must provide the Clerk of the Assembly with the name of the elected candidate. Publication of detailed election information 175 Within six months after the election, the chief electoral officer must publish a detailed report of the election that includes the results for each voting station. Final voters lists given to parties 176 As soon as possible after the election, the chief electoral officer must, on request, give each registered political party a copy of the final voters list. The final voters list is the official voters list, subject to (a) the addition of the names of all persons added to the list before the end of election day; and (b) each correction or deletion made to the list as a result of a person attending to vote in the election. S.M. 2021, c. 48, s. 7 . KEEPING AND ARCHIVING ELECTION DOCUMENTS Keeping and archiving election documents 177(1) After the deadline for challenging an election expires — or, if the election is challenged, after the court makes a final decision on the application — the chief electoral officer must (a) destroy the ballots; and (b) keep any other documents used in or relating to the election for at least one year, and then destroy them unless the Archivist of Manitoba wishes to keep them. Public inspection 177(2) After the Clerk of the Assembly is informed of a member's election, any documents used in or relating to the election that are in the custody of the chief electoral officer, other than ballots, must be available for public inspection at times and under conditions acceptable to the chief electoral officer. Register not publicly available 177(3) The register of voters is not available for public inspection. S.M. 2017, c. 35, s. 51 . PART 14 OFFENCES BRIBERY AND INTIMIDATION OFFENCES Offering a bribe 178(1) A person or organization who, directly or indirectly, offers a bribe to induce or influence another person to do any of the following is guilty of an offence: (a) to vote or refrain from voting; (b) to vote or refrain from voting for or against a particular candidate; (c) to nominate or refrain from nominating a person as a candidate; (d) to run or refrain from running as a candidate or to withdraw as a candidate. Accepting a bribe 178(2) A person who, directly or indirectly, accepts or agrees to accept a bribe offered in circumstances described in subsection (1) is guilty of an offence. Soliciting a bribe 178(3) A person who, directly or indirectly, solicits a bribe in circumstances described in subsection (1) is guilty of an offence. Additional penalty 178(4) In addition to the penalty provided for in subsection 185(1), a person or organization convicted of an offence under this section is liable to a further fine in the amount that is double the value of the bribe involved. S.M. 2025, c. 46, s. 25 . Force and intimidation 179(1) A person is guilty of an offence who, (a) directly or indirectly, uses or threatens to use force or violence or threatens to inflict an injury, damage, harm or loss, upon another person (i) to induce or compel the other person to vote or refrain from voting, or (ii) because that person voted or refrained from voting; or (b) impedes or prevents an eligible voter from exercising the right to vote. Use of false pretenses 179(2) A person or organization who uses false pretenses to induce a voter to vote or refrain from voting, or to vote or refrain from voting for or against a particular candidate, is guilty of an offence. Secrecy of the vote 179(3) Using false pretenses includes representing that the ballot or the manner of voting is not secret. S.M. 2025, c. 46, s. 26 . VOTING OFFENCES Corrupt voting 180(1) A person who does any of the following is guilty of an offence: (a) knowingly votes or applies to vote in an election when not eligible to do so; (b) having already voted in an election, either votes or applies to vote in the same election or in an election in another electoral division that has the same election day; (c) induces or causes another person to vote knowing that the other person is not eligible to vote; (d) obtains a ballot in the name of another person, whether the other person is alive, dead or fictitious. Other voting related offences 180(2) A person who does any of the following without being authorized to do so under this Act is guilty of an offence: (a) supplies a ballot to another person; (b) takes a ballot out of a voting station; (c) places anything other than a ballot in the ballot box; (d) gives to the voting officer, to be placed in the ballot box or vote counting machine, any paper other than the ballot given to him or her by the voting officer; (e) as a voting officer, puts his or her initials on a paper that is not a ballot but is capable of being used as one; (f) destroys, defaces, alters, takes, opens or otherwise interferes with a ballot, voting book, ballot box, ballot transfer box or vote counting machine, or a document or envelope used at or prepared for an election; (g) prints or reproduces a ballot, or a paper that is capable of being used as a ballot, or prints more ballots than he or she is authorized to print. S.M. 2022, c. 5, s. 59 . 181 [Repealed] S.M. 2017, c. 35, s. 52 ; S.M. 2025, c. 46, s. 27 . IMPERSONATION OFFENCES — CANDIDATES AND OTHERS Impersonation of officials and others 181.1(1) A person is guilty of an offence who falsely represents themselves to be (a) the chief electoral officer, a member of the chief electoral officer's staff or a person authorized to act on behalf of the chief electoral officer; (b) an election official or a person who is authorized to act on behalf of an election official; (c) a person who is authorized to act on behalf of a registered political party or a constituency association; (d) a candidate or a person seeking to be a candidate or a person who is authorized to act on their behalf; (e) the leader of a registered political party or person seeking to be the leader or a person who is authorized to act on their behalf. Representation for the purpose of parody or satire 181.1(2) A person is not guilty of an offence under subsection (1) if they establish that the representation was for the purpose of parody or satire. S.M. 2025, c. 46, s. 28 . OFFENCES RELATING TO ELECTION OFFICIALS AND OTHERS Offences relating to election and other officials 182(1) An election official or other person who does any of the following is guilty of an offence: (a) accepts an appointment or acts as an election official when not eligible; (b) knowingly omits or deletes from a voters list the name of a person entitled to have his or her name on the list, unless acting under the authority of section 63.6 (personal security); (c) knowingly adds to or keeps on a voters list the name of a fictitious person or the name of a person not entitled to have his or her name added to or kept on the list; (d) knowingly falsifies a voters list or voting book, whether by making a false addition or deletion or otherwise; (e) as a voting officer or as a person entrusted by a voting officer, fails without lawful excuse to deliver ballots, a ballot box, a ballot transfer box, a vote counting machine or other election materials to the returning officer or chief electoral officer when required to do so under this Act; (f) knowingly miscounts ballots under Part 10, 11 or 12. 182(1.1) [Repealed] S.M. 2025, c. 46, s. 29 . Bribery, etc. of an official 182(2) A person or organization who pays, gives or lends inducement for the purpose of procuring a contravention of subsection (1) is guilty of an offence. Obstructing an official 182(3) A person who impedes or obstructs an election official in performing a duty or exercising a power under this Act is guilty of an offence. Preventing access by official 182(4) A person who prevents an election official from entering a community to perform a duty or exercise a power under this Act is guilty of an offence. S.M. 2017, c. 35, s. 53 ; S.M. 2022, c. 5, s. 60 ; S.M. 2025, c. 46, s. 29 . OFFENCES RELATING TO PUBLISHING FALSE OR UNAUTHORIZED INFORMATION Publishing false election information 182.1 A person or organization who, during a pre-election period or an election period and with the intention of affecting the results of an election, makes, distributes or publishes any material or information (regardless of its form) that provides false or misleading information about voter eligibility, voter registration procedures or election proceedings — including voting options and voting opportunities available to the voter — is guilty of an offence. S.M. 2025, c. 46, s. 30 . Publishing false statement about candidate or leader 182.2 A person or organization who, during a pre-election period or an election period and with the intention of affecting the results of an election, makes, distributes or publishes a statement about the character or conduct of a candidate or leader of a registered political party — including a statement that a candidate or leader has committed or been charged with an offence or has been required to pay an administrative monetary penalty under an enactment of Manitoba or Canada or another province or territory of Canada — is guilty of an offence if they make, distribute or publish the statement knowing it is false or having a reckless disregard as to whether it is false. S.M. 2025, c. 46, s. 30 . Publishing false statement about election official or voting administration tools 182.3 A person or organization who, during a pre-election period or an election period, with the intention of undermining public confidence in the results or the administration of an election, makes, distributes or publishes any of the following statements knowing that the statement is false, or having a reckless disregard as to whether it is false, is guilty of an offence: (a) a statement about the character or conduct of an election official, including a statement that an election official has committed or been charged with an offence, or has been required to pay an administrative monetary penalty, under an enactment of Manitoba or Canada or another province or territory of Canada; (b) a statement that relates to the citizenship, place of birth, education, professional qualifications or membership in a group or association of an election official; (c) a statement relating to a person or organization that provides Elections Manitoba with the following, including any services in respect of any of the following: (i) voters lists and voting books, whether in electronic form or otherwise, (ii) ballot printers, (iii) vote counting machines, (iv) any other types of tools to assist in the conduct of voting proceedings that are prescribed by regulation under clause 203(c). S.M. 2025, c. 46, s. 30 . Publishing unauthorized material or information 182.4(1) A person or organization who, during a pre-election period or election period, makes, distributes or publishes any material or information (regardless of its form) that purports to be made, distributed or published by or under the authority of an election participant is guilty of an offence if (a) the person or organization is not authorized by the election participant to make, distribute or publish the material or information; and (b) the person or organization intends to mislead the public that the material or information is made, distributed or published by or under the authority of the election participant. Use of names, logos, etc. may be considered 182.4(2) In determining whether a person or organization is guilty of an offence under subsection (1), consideration may be given as to whether the material or information includes the use of (a) a name, logo, likeness of a logo, social media account identifier, user name or domain name that is distinctive and commonly associated with an election participant; (b) the name, voice, image, likeness, physical description or signature of an individual election participant or a public figure who is associated with an election participant; or (c) any other matter or thing prescribed by regulation under clause 203(d). Publication for the purpose of parody or satire 182.4(3) A person or organization is not guilty of an offence under subsection (1) if the person or organization establishes that the material or information was made, distributed or published for the purpose of parody or satire. Definition — "election participant" 182.4(4) In this section, "election participant" means any of the following: (a) an individual who is (i) the chief electoral officer or an election official, or (ii) a candidate or the leader of a registered political party or a person seeking to be a candidate or leader; (b) a registered political party or a constituency association. S.M. 2025, c. 46, s. 30 . Use of deep fake to influence or undermine confidence in election 182.5(1) A person or organization who, during a pre-election period or an election period, knowingly makes, distributes or publishes a deep fake with the intention of affecting the results of an election or undermining public confidence in the results or administration of an election and without the consent of the depicted individual is guilty of an offence. Definitions 182.5(2) The following definitions apply in this section and in sections 182.6 and 182.8. "deep fake" means any video recording, motion picture film, sound recording, electronic image or photograph, or any technological representation of speech or conduct that is substantially derived from any of them, that is (a) so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not engage in the speech or conduct; and (b) produced in a manner that is substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate the individual. (« hypertrucage ») "depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct in which the individual did not engage. (« particulier représenté ») S.M. 2025, c. 46, s. 30 . Stop notice 182.6(1) In the circumstances described in subsection (2), the commissioner may give a written notice ("stop notice") to a person or organization requiring the person or organization to take measures necessary to (a) stop the making, distribution or publishing of a statement or other information or deep fake; and (b) remove, discontinue and, if applicable, destroy the statement or information or deep fake. Circumstances for giving stop notice 182.6(2) A stop notice may be given under subsection (1) if the commissioner has reason to believe that a person or organization, during a pre-election or election period, has failed to comply with one or more of the following provisions: (a) section 181.1 (impersonation); (b) section 182.1 (false election information); (c) section 182.2 (false statement about candidate or leader); (d) section 182.3 (false statement about election official or voting administration tools); (e) section 182.4 (unauthorized information); (f) section 182.5 (deep fake). Content of stop notice 182.6(3) The stop notice referred to in subsection (1) must (a) describe the statement or information or deep fake that the commissioner has reason to believe is not in compliance with this Act; (b) identify the provisions of this Act that the commissioner has reason to believe the statement or information or deep fake is not in compliance with; (c) advise the recipient that the commissioner may impose a monetary penalty if the statement or information or deep fake continues to be made, distributed or published; (d) advise the recipient of the period set out in subsection (4) within which the recipient must comply with the notice; and (e) advise the recipient of the ability to make a request under subsection (5) for an extension of the period set out in subsection (4). Compliance within 24 hours 182.6(4) The recipient of a stop notice referred to in subsection (1) must comply with the notice as soon as reasonably possible but, in any event, not later than 24 hours after receiving the notice. Extension of time 182.6(5) The commissioner may extend the period referred to in subsection (4) if the recipient of the stop notice makes a written request for an extension within 12 hours after receiving the notice. How stop notice is to be given 182.6(6) A stop notice referred to in subsection (1) must be given in the manner set out on the commissioner's Internet site, and the day the notice is given is as follows: (a) if it is left with an individual, the day on which it is left with them; (b) if it is sent by registered mail, the date indicated in the acknowledgment of receipt issued by a post office; (c) if it is sent by courier, the date indicated in the courier's receipt issued to the sender; (d) if it is sent by electronic means, the day on which it is sent. S.M. 2025, c. 46, s. 30 . Penalty notice — failure to stop 182.7(1) Within seven days after the commissioner makes a determination of non-compliance with a stop notice given under subsection 182.6(1), the commissioner must give written notice ("penalty notice") to the person or organization of the non-compliance and the amount of the monetary penalty, calculated in accordance with subsection (2), payable to the chief electoral officer on receipt of the penalty notice given under this subsection. Amount of penalty 182.7(2) Unless relief is granted under subsection 182.8(5), a person or organization given a penalty notice under subsection (1) must pay to the commissioner a penalty in the amount of up to $20,000, as determined by the commissioner, for each day the person or organization fails to comply with the stop notice given under subsection 182.6(1). If further non-compliance 182.7(3) If, after receiving a penalty notice under subsection (1), a person or organization continues to fail to comply with the stop notice given under subsection 182.6(1), the person or organization is subject to additional monetary penalties calculated in accordance with subsection (2). Notice of additional penalties 182.7(4) If a person or organization is subject to additional monetary penalties under subsection (3), the commissioner must give them written notice of the additional amount payable to the chief electoral officer. Payment 182.7(5) Subject to the outcome of an application to court for relief, a person or organization required to pay a monetary penalty must pay it within 30 days after notice of the penalty is given. Amounts to be turned over to Minister of Finance 182.7(6) The chief electoral officer must turn over the amount of all penalties received under this section to the Minister of Finance to be paid into the Consolidated Fund. How penalty notice is to be given 182.7(7) Subsection 182.6(6) (giving a stop notice) also applies to a penalty notice referred to in subsection (1) or (4). S.M. 2025, c. 46, s. 30 . Application to court for relief 182.8(1) A person or organization that is subject to a monetary penalty under section 182.7 may apply to the court in accordance with this section for relief from the penalty. Application within 30 days 182.8(2) An application must be made within 30 days after the commissioner, under subsection 182.7(1) or (4), notifies the person or organization of the non-compliance and the monetary penalty. Commissioner a party 182.8(3) The application must be served on the commissioner within seven days after it is filed with the court, and the commissioner is a party to the application. Court may extend scope 182.8(4) When, in the case of an application for relief under this section, additional penalties have been imposed under subsection 182.7(3) in relation to the same matter, or penalties have been imposed in relation to another statement or information or deep fake by the same person or organization, the court may extend the scope of the application to include all the monetary penalties. Court decision 182.8(5) On hearing the application, the court may do the following: (a) grant relief from a monetary penalty if the court considers that, in relation to the non-compliance, the person or organization has acted in good faith; (b) make any order the court considers appropriate to secure compliance with section 181.1 and sections 182.1 to 182.5, as applicable, to the extent the court considers reasonable in the circumstances; (c) refuse to grant relief. S.M. 2025, c. 46, s. 30 . No offence to be charged if penalty paid 182.9 A person or organization who pays a monetary penalty in respect of a non-compliance with a stop notice must not be charged with an offence respecting that non-compliance unless it continues after the penalty is paid. S.M. 2025, c. 46, s. 30 . MISCELLANEOUS OFFENCES False statement of candidate's withdrawal 183(0.1) A person or organization who knowingly makes, distributes or publishes a false statement that a candidate has withdrawn from the election is guilty of an offence. False statement respecting voters lists 183(1) A person or organization who knowingly makes a false statement in order to have an eligible voter's name omitted or deleted from the register of voters or the voters list is guilty of an offence. False statement re dead or fictitious person 183(2) A person or organization is guilty of an offence who knowingly makes a false statement in order to have (a) the name of a dead or fictitious person added to or kept on the register of voters or the voters list; or (b) the name of a person who is not an eligible voter, including himself or herself, added to or kept on the register of voters or the voters list. Destroying election notices 183(3) A person who, without authority, takes down, covers up, mutilates, defaces or alters a notice or other document required or authorized by this Act to be posted is guilty of an offence. Failure to grant leave from employment 183(4) A person or organization who contravenes section 14 or subsection 20(2) respecting granting leave from employment for a candidate, election official or volunteer is guilty of an offence. Offence relating to false or misleading information 183(5) A person or organization who does either of the following is guilty of an offence: (a) knowingly provides false or misleading information when required or authorized by this Act to provide information; (b) knowingly makes a false or misleading statement, declaration or oath when required by this Act to make a statement, declaration or oath. Misuse of voters list 183(6) A person or organization who uses all or any part of a voters list for a purpose not authorized under subsection 63.9(3) or (4) is guilty of an offence. Obstruction of commissioner 183(7) A person who obstructs, hinders or makes a false or misleading statement to the commissioner or a person appointed by the commissioner when conducting an investigation under section 186 is guilty of an offence. S.M. 2017, c. 35, s. 54 ; S.M. 2025, c. 46, s. 31 . Offence for other contraventions 184 A person or organization who contravenes a provision of this Act not mentioned in sections 178 to 183 is guilty of an offence. S.M. 2025, c. 46, s. 32 . PENALTIES Penalty for serious offences 185(1) A person or organization who is guilty of an offence under sections 178 to 183 is liable on conviction (a) in the case of an individual, to a fine of not more than $10,000, or to imprisonment for a term of not more than one year, or both; and (b) in the case of a person or organization other than an individual, to a fine of not more than $50,000. Penalty for other offences 185(2) A person or organization who is guilty of an offence under this Act not mentioned in subsection (1) is liable on conviction to a fine of not more than $2,000, or to imprisonment for a term of not more than two months, or both. Status of organization in prosecution 185(3) A prosecution for an offence under this Act may be brought against an organization in its own name, and the organization is deemed to be a person for the purpose of the prosecution. Liability of directors and others 185(4) If a corporation or organization commits an offence under this Act, a director, officer, employee or agent of the corporation or organization who authorized, permitted or acquiesced in the offence commits the same offence, whether or not the corporation or organization has been prosecuted or convicted. Deemed actions of directors and others 185(5) An act or thing done or omitted to be done by a director, officer, employee or agent of a corporation or organization within the scope of the individual's authority to act on behalf of the corporation or organization is deemed to be an act or thing done or omitted to be done by the corporation or organization. S.M. 2025, c. 46, s. 33 . INVESTIGATING AND PROSECUTING OFFENCES CEO to appoint commissioner 186(1) After consulting with the leaders of political parties represented in the Assembly, the chief electoral officer must appoint a commissioner whose duty is to ensure that this Act is complied with and enforced. Term 186(2) The commissioner is to be appointed for a term not exceeding five years. Investigations by commissioner 186(3) The commissioner may, on his or her own initiative or at the request of another person, conduct an investigation into any matter that might constitute a contravention of this Act. The commissionner may refuse to conduct an investigation if he or she considers a request to be frivolous, vexatious, made in bad faith or unnecessary in the circumstances. Commissioner may appoint representative 186(4) The commissioner may appoint a representative to conduct an investigation on his or her behalf. Records 186(5) The commissioner or representative may require any person who, in the opinion of the commissioner or representative, is able to give any information about a matter under investigation (a) to provide the information to the commissioner or representative; and (b) to produce any record to the commissioner or representative that in his or her opinion relates to the matter under investigation and that may be in the person's possession or under the person's control. Warrant 186(6) A justice may issue a warrant authorizing the commissioner or representative and any other person named in the warrant to enter a place and search for and seize records or other things in accordance with the warrant, if the justice is satisfied, on evidence given on oath or affirmation, that (a) there are reasonable and probable grounds to believe that an offence under this Act has been committed; and (b) the place contains records or other things that will provide evidence respecting the commission of an offence. 186(7) [Repealed] S.M. 2008, c. 43, Sch. B, s.

23 . S.M. 2008, c. 43, Sch. B, s. 23 . Notice of investigation 186.1(1) Before completing an investigation, the commissioner must notify any person or organization who is a subject of the investigation that the person or organization is being investigated and inform the person or organization of the nature of the matter being investigated, unless the commissioner believes that doing so would compromise or impede the investigation. Notice of results of investigation 186.1(2) If, after completing an investigation, the commissioner decides that no further action is to be taken, he or she must notify any person or organization who is the subject of the investigation of that decision. If the investigation was initiated at the request of another person or organization, the commissioner must also notify that person or organization of the decision. Outcome of investigation may be made public 186.1(3) If the commissioner believes that it is in the public interest to make public the outcome of an investigation, he or she may do so, and may include in the information provided the name of the person or organization and the nature of the matter investigated. S.M. 2008, c. 43, Sch. B, s. 24 ; S.M. 2025, c. 46, s. 34 . Commissioner may prosecute offences 187(1) If the commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest so requires, the commissioner may institute a prosecution for an offence under this Act. Inadvertent or technical contravention 187(2) When the commissioner is of the view that prosecution is not required because an offence was inadvertent or of a technical nature, the commissioner may issue a formal caution to the person or organization alleged to have committed the offence. Only commissioner may prosecute 187(3) No prosecution for an offence under this Act may be commenced except by the commissioner. Time limit for prosecution 187(4) The deadline for commencing a prosecution under this Act is one year after the date on which the commissioner has reasonable and probable grounds to believe that an offence has been committed. Powers of commissioner re prosecution 187(5) For prosecuting offences under this Act, the commissioner has all the rights, powers, authority and privileges that the Crown has respecting the prosecution of offences under other Acts of the Legislature. Proof of election, etc. 187(6) In a prosecution or proceeding under this Act, (a) it is unnecessary to produce a writ of election, a return of a writ or a written appointment of a returning officer, and oral evidence of those facts is sufficient; and (b) a certificate of a returning officer that an election has been held or a person has been a candidate is sufficient proof of those facts, but those facts may also be proved by oral evidence. S.M. 2025, c. 46, s. 35 . INJUNCTIONS Application for injunction 187.1(1) If the commissioner has reasonable grounds to believe that a person or organization has committed or is likely to commit an act or omission that is contrary to this Act, the commissioner may, during an election period, after taking into account the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest, apply to the court for an injunction described in subsection (2). Injunction 187.1(2) If the court, on application by the commissioner under subsection (1), is satisfied that there are reasonable grounds to believe that a person or organization has committed or is likely to commit an act or omission that is contrary to this Act, and that the nature and seriousness of the act or omission, the need to ensure fairness of the electoral process and the public interest justify the issuing of an injunction, the court may issue an injunction ordering any person or organization named in the application to do one or both of the following: (a) refrain from committing any act that appears to the court to be contrary to this Act; (b) do any act that appears to the court to be required by this Act. Notice 187.1(3) No injunction may be issued under subsection (2) unless at least 48 hours notice is given to each person or organization named in the application, or the urgency of the situation is such that service of notice would not be in the public interest. S.M. 2008, c. 43, Sch. B, s. 25 ; S.M. 2025, c. 46, s. 36 . COMPLIANCE AGREEMENTS Compliance agreements 187.2(1) If the commissioner believes on reasonable grounds that a person or organization has committed or is likely to commit an act or omission that could constitute an offence under this Act, the commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Act, with that person or organization (in this section and sections 187.3 to 187.6 called the "contracting party"). Terms and conditions 187.2(2) A compliance agreement may contain any terms and conditions that the commissioner considers necessary to ensure compliance with this Act. Obligations of commissioner 187.2(3) Before entering into a compliance agreement, the commissioner must obtain the consent of the prospective contracting party to the publication of a notice under section 187.6. Admission of responsibility 187.2(4) A compliance agreement may include a statement by the contracting party in which the contracting party admits responsibility for the act or omission that constitutes an offence. Inadmissible in evidence 187.2(5) The fact that a compliance agreement was entered into, and any statement referred to in subsection (4), is not admissible in evidence against the contracting party in any civil or criminal proceedings. Effect of compliance agreement 187.2(6) When a compliance agreement is entered into, any prosecution of the contracting party for an act or omission that led to the agreement is suspended and, subject to section 187.4, the commissioner may not institute or resume such a prosecution. Renegotiation 187.2(7) The commissioner and the contracting party may renegotiate the terms of the compliance agreement at the request of the commissioner or contracting party at any time before it is fully executed. S.M. 2008, c. 43, Sch. B, s. 25 ; S.M. 2025, c. 46, s. 37 . If agreement complied with 187.3(1) If the commissioner is of the opinion that the compliance agreement has been complied with, the commissioner shall give a notice to that effect to the contracting party. Effect of notice 187.3(2) The commissioner's giving a notice under subsection (1) terminates any prosecution of the contracting party that is based on the act or omission in question and prevents the commissioner from instituting a prosecution based on that act or omission. S.M. 2008, c. 43, Sch. B, s. 25 . When prosecution may be commenced or continued 187.4(1) If the commissioner is of the opinion that a contracting party (a) failed to disclose all material facts when the compliance agreement was entered into; or (b) has failed to comply with a compliance agreement; the commissioner must give notice of the failure to the contracting party, informing the contracting party that the commissioner may commence a prosecution in respect of the original act or omission or, if such a prosecution has been instituted and suspended by virtue of subsection 187.2(6), that those proceedings may be resumed. Time limit for beginning prosecution 187.4(2) A prosecution commenced because of a failure by a contracting party is not subject to the time limit for commencing a prosecution under subsection 187(4), but such a prosecution must be commenced not later than five years after the day on which the commissioner became aware of the facts giving rise to the prosecution. S.M. 2008, c. 43, Sch. B, s. 25 . Dismissal of proceedings 187.5 The court must dismiss proceedings against a contracting party if it is satisfied on a balance of probabilities that the contracting party (a) disclosed all material facts when entering into the compliance agreement; and (b) has totally complied with the compliance agreement or, in the case of partial compliance and taking into account the contracting party's performance with respect to the agreement, is of the opinion that the proceedings would be unfair. S.M. 2008, c. 43, Sch. B, s. 25 . Publication 187.6 The commissioner must publish a notice that sets out (a) in the case of a formal caution issued under subsection 187(2), the name of the person or organization cautioned, a summary of the offence in question and the date the caution was issued; or (b) in the case of a compliance agreement entered into under section 187.2, the contracting party's name, the act or omission in question and a summary of the compliance agreement. S.M. 2008, c. 43, Sch. B, s. 25 ; S.M. 2025, c. 46, s. 38 . PART 15 CHALLENGING AN ELECTION Application to court 188(1) The right of an elected candidate to take office or the validity of an election may not be challenged except by an application to the court under this Part. Grounds for application 188(2) An application may be made on the grounds that (a) the elected candidate was not qualified to hold office at the time he or she was elected; or (b) there were irregularities in the election, or actions constituting an offence under any of sections 178 to 183, that affected the result of the election. Exception 188(3) An application may not be made on the grounds for which an application for a judicial recount may be made under Part 12. Deadline for application 188(4) An application may not be made more than 30 days after the return of the writ under section 171. Who can apply 189(1) An application may be made only by (a) an eligible voter in the electoral division in question; or (b) a candidate in the election. Respondent 189(2) The applicant must name the elected candidate as the respondent. Service 189(3) The applicant must serve the notice of application on the chief electoral officer and every candidate in the election. Parties 189(4) Any of the persons referred to in subsection (3) are entitled to be parties to the application. Court procedure 190(1) An application must be heard on an urgent basis and in a summary manner. The court may, however, allow oral evidence to be given in any situation that the court considers appropriate. Frivolous applications 190(2) The court may at any time dismiss an application that it considers to be frivolous, vexatious or made in bad faith. Security for costs 190(3) The applicant must pay $1000. into court as security for costs, unless the court waives this requirement. Decision of the court 191(1) After the hearing of the application, the court may do any of the following: (a) declare that the elected candidate is qualified to hold office; (b) declare that the elected candidate is not qualified to hold office and that the office is vacant; (c) declare that the election is valid; (d) declare that the election is invalid and that the office is vacant. Where election valid despite contravention 191(2) Subject to subsection (3), the court must not declare an election invalid by reason only of an irregularity or contravention of this Act if it is satisfied that (a) the election was conducted in good faith; and (b) the irregularity or contravention did not materially affect the result of the election. Exception if candidate involved in contravention 191(3) If the court finds that an act constituting an offence under any of sections 178 to 183 was committed by an elected candidate, or was committed with the knowledge and consent of the elected candidate, the court must declare that the election is invalid and that the office is vacant. Appeal 192(1) An appeal from the court's decision on an application must be filed with the Court of Appeal no later than seven days after the decision is made. Appeal heard on urgent basis 192(2) The Court of Appeal must hear the appeal on an urgent basis. Report to Speaker 193 As soon as possible after the final determination of an application under this Part, the chief electoral officer must advise the Speaker of the Assembly of the result of the application. PART 16 MISCELLANEOUS PROVISIONS PRESERVING ORDER AT ELECTIONS Election officials to keep order 194(1) The returning officer, assistant returning officer, voting officer and senior voting officer must maintain peace and order as far as reasonably possible at the election proceedings for which they are responsible. Peace officer status 194(2) For the purpose of this section, from the time an election is called until a candidate is declared elected, an election official referred to in subsection (1) has all the authority and protections of a peace officer. Powers 194(3) For the purpose of this section, the election official responsible may do one or more of the following: (a) restrict or regulate the number of persons admitted at any time to a voting station or voting place; (b) order a person to leave a voting station or voting place if, in the official's opinion, the person (i) is not permitted to be at the voting station or voting place, (ii) is disturbing the peace and order, (iii) is interfering with the conduct of voting, or (iv) is contravening a provision of this Act; (c) require proof of identification from a person who may be ordered to leave under clause (b); (d) order the removal of a person ordered to leave under clause (b) if the person does not comply; (e) require the assistance of peace officers to maintain peace and order. Person ordered to leave 194(4) A person ordered to leave under clause (3)⁠(b) must leave the place and the immediate vicinity of the place at which the election proceedings are being conducted, and must not return while the proceedings are being conducted unless permitted to do so by the election official responsible. Person not to be prevented from voting 194(5) The authority under subsection (3) must not be used to prevent a voter otherwise entitled to vote at the place from exercising the right to vote. ACCESS FOR CAMPAIGNING Right of access 195(1) Subject to subsection (2), between 9:00 a.m. and 9:00 p.m. no person may prevent anyone who produces identification or documentation confirming that he or she is a candidate or a representative of a candidate in an election from canvassing or distributing election material at the entrance door of each residence in an apartment, condominium complex or other multiple residence. Exception if station in multiple-unit building 195(2) On any day when voting occurs at a voting station located in an apartment, condominium complex or other multiple residence, a candidate or representative of a candidate must not canvass or distribute election materials at the voting station or on the same level of the building as the voting place is located. Exception for shelters 195(3) Subsection (1) does not apply to a shelter or other residence for persons under reasonable apprehension of bodily harm. Access to health care and correctional facilities 195(4) Canvassing and the distribution of election materials may take place at a health care facility or correctional facility only at times and places mutually agreed on by the candidate and the administrator of the facility. Access to communities 195(5) No person may interfere with, or prevent, anyone who produces identification or documentation confirming that he or she is a candidate or a representative of a candidate in an election from canvassing or distributing election material in any community. ELECTION SIGNS Election signs 196(1) No landlord or condominium corporation and no person acting on behalf of a landlord or condominium corporation may prevent a person from displaying an election sign or poster on premises that he or she owns, rents or leases. Permitted restrictions 196(2) Despite subsection (1), a landlord or condominium corporation or a person acting on behalf of a landlord or condominium corporation may (a) impose reasonable conditions on the size and type of election signs and posters that may be displayed; and (b) prohibit the display of election signs and posters in common areas of the building. PREPARATIONS FOR NEW ELECTORAL DIVISIONS Actions in anticipation of new electoral divisions 196.1 In anticipation of an Act establishing a new electoral division or changing the boundaries of an existing electoral division, the chief electoral officer may appoint a returning officer and assistant returning officers for the new or revised electoral division and prepare preliminary voters lists from information contained in the register. S.M. 2008, c. 43, Sch. B, s. 26 ; S.M. 2017, c. 35, s. 55 . LIABILITY PROTECTION Protection from liability 197 No proceeding may be instituted against the chief electoral officer, the commissioner, or any person appointed or employed by the chief electoral officer or the commissioner, including an election official, (a) for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this or any other Act or regulation; or (b) for any neglect or default in the performance or intended performance or in the exercise or intended exercise in good faith of a duty or power under this or any other Act or regulation. S.M. 2017, c. 35, s. 56 . CONFIDENTIALITY Confidentiality 198 The chief electoral officer and anyone appointed by or employed under the chief electoral officer or a returning officer, including an election official, must preserve secrecy concerning all matters that come to their knowledge in the course of their work under this Act, and must not communicate those matters to any person unless required to do so in connection with the proper administration of this Act or a proceeding under this Act, or in a court of law. S.M. 2017, c. 35, s. 57 . RECORDS OF THE CHIEF ELECTORAL OFFICER Records of CEO 199(1) Notwithstanding any other Act, every record relating to the administration of this Act that is in the possession of a department or branch of the executive government or a Crown agency is deemed to be and always to have been in the sole custody and under the sole control of the chief electoral officer. Definition of "record" 199(2) In subsection (1), "record" means any kind of recorded information regardless of its physical form or characteristics. ADVISORY COMMITTEE Advisory committee 200(1) An advisory committee is established consisting of one representative appointed by each registered political party. Leader to advise 200(2) The leader of a registered political party must advise the chief electoral officer of the name and address of the party's representative. Consultation with committee 200(3) The chief electoral officer must call meetings of the advisory committee from time to time to seek the committee's advice about the proper administration of this Act, including the format and wording of voters lists and the appropriate location of voting places. Advisory status only 200(4) Advice and recommendations of the advisory committee are not binding on the chief electoral officer. S.M. 2008, c. 43, Sch. B, s. 27 . PAYMENT OF ELECTION EXPENSES Election expenses paid out of Consolidated Fund 201 The following expenses are to be paid from the Consolidated Fund without further appropriation: (a) remuneration paid to election officials and other persons employed for the purpose of an election, and other expenses required for an election; (b) expenses related to public education and information programs under clause 29(b); (c) on the certificate of the chief electoral officer, any remuneration and expenses relating to the commissioner. AMENDMENTS TO THIS ACT Amendments do not apply for 90 days 202 An amendment to this Act does not apply to an election that is called within 90 days after the amendment comes into force. REGULATIONS Regulations 203 The Lieutenant Governor in Council may make regulations (a) prescribing the tariff of fees for printing ballots and renting premises for voting stations; (b) fixing the fees and expenses to be paid to information officers and election officials; (c) prescribing types of tools for the purpose of subclause 182.3(c)⁠(iv); (d) prescribing a matter or thing for the purposes of clause 182.4(2)⁠(c). S.M. 2017, c. 35, s. 58 ; S.M. 2025, c. 46, s. 39 . PART 17 CONSEQUENTIAL AMENDMENTS 204 to 207 NOTE: These sections made up Part 17 of the original Act and contained consequential amendments to other Acts that are now included in those Acts. PART 18 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE Repeal: Elections Act 208(1) The Elections Act , R.S.M. 1987, c. E30, is repealed. Repeal: Controverted Elections Act 208(2) The Controverted Elections Act , R.S.M. 1987, c. C210, is repealed. C.C.S.M. reference 209 This Act may be referred to as chapter E30 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 210 This Act comes into force six months after the day it receives royal assent.