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Information for Candidates

Am I qualified to run for Council?
In accordance with section 15 of the Act, a person is qualified to be nominated as a candidate for Council if he or she is:
  • a qualified voter in the municipality in which he/she is seeking nomination;
  • not in arrears of taxes or other charges payable to the Town of Marystown; and
  • ordinarily a resident in the municipality, or in an area that on election day is part of the municipality, for at least 30 days before the commencement of the nomination period
A person is not qualified to be nominated as a candidate for Council where:
  • he/she is the Clerk, Manager or a paid Department Head of that Council
  • he/she is a member of the House of Commons, the Senate of Canada, the House of Assembly or a judge of the Supreme or Provincial Court
  • he/she was individually dismissed or was a member of a Council that was dismissed by the Minister, in accordance with the Municipalities Act, 1999
  • his/her seat was vacated in accordance with applicable legislation
If I am a town clerk, manager, department head, or fire chief, can I run as a
Councillor?

No. If you work for the Council, you cannot run as a Councillor. Furthermore, as a town clerk, manager or department head (including fire chief) you are not eligible to request a leave of absence. If you are a volunteer fire chief you can request a leave of absence.

Can I run for Council if I am employed through a Community Enhancement
Employment Program (CEEP) or Joint Emergency Preparedness Project
(JEPP)?

No. If you work for the Council, even on a temporary basis, you cannot run as a Councillor unless you request a leave of absence. You may request a leave of absence from your position in order to run for Council and then resume employment if you are unsuccessful.

Can I run as a candidate if I owe taxes or other charges to the Town of Marystown?

No, you are not qualified to be a candidate if you owe taxes or other charges to the Town of Marystown.

Can I run as a candidate if I have ownership of a company that owes taxes?

It depends. If you are operating as an unincorporated business entity and you are personally accountable for the amounts owed, you cannot run as a candidate. If you are an owner of a corporation you will not be disqualified to run as a candidate since corporations are a separate legal entity.

How do I get nominated for Council?
In accordance with section 16 of the Municipal Elections Act:
  • a candidate must be nominated by two persons eligible to vote in Marystown
  • the nomination must be in writing and must state the name and civic address of the candidate. The Nomination and Declaration of Qualification by Candidate Form (MEF-02) must be completed and signed by the proposer and seconder, both of whom shall be present together with the candidate who must also sign signifying his or her acceptance of the nomination
  • in circumstances where a candidate is unable to be present for his/her nomination, the Returning Officer may accept the Nomination Form for Candidates Unable to be Present on Nomination Day (MEF-03) from the candidate’s nominators, who must be present, together with a declaration that the candidate is qualified to be nominated and accepts the nomination
  • as soon as the nomination paper is filed, the information about an individual’s candidacy becomes public information
Does my nomination form need to be signed in front of a Returning Officer?

Yes. The proposer, seconder and candidate should all be present to sign the nomination form in the presence of the Returning Officer.

Where a candidate is unable to be present for their nomination, one of the proposers may sign a special nomination form on the candidate’s behalf in front of the Returning Officer.

Is there a nomination fee?

In accordance with section 18 of the Act, the Returning Officer must collect from each candidate at the time of his/her nomination, a non-refundable nomination fee in the amount of $10.

Can I get the list of candidates before nominations are closed?

No. The nomination list will be available within 7 days after the nominations have closed. A candidate may remove their name before the nominations are closed and that information will not be released.

In order to be an eligible candidate, what does ordinarily resident for 30 days
before the nomination period mean?

Whether or not someone is an ordinarily resident will depend on: whether they live and sleep in the municipality; whether they intend to return to the municipality when they are absent; and whether their family resides in the municipality. These are all factors that need to be considered when determining whether someone is ordinarily resident. Additionally, a person may only have one place of residency for the purposes of running as a candidate.

Please note that the Returning Officer has the sole discretion to determine whether a person has satisfied the required residency requirements.

What if I change my mind on running for Council? Can I withdraw?

In accordance with section 21 of the Act, a person who has been nominated may withdraw his or her nomination by filing a written withdrawal with the Returning Officer within 24 hours after the close of nominations.

The nomination fee is forfeited.

What are the rules regarding election signage?
Election signs shall be subject to the following conditions: 

1) The erection of election signs shall be permitted on private property provided the property owner has given consent for the erection of such a sign and that the sign does not cause an obstruction to neighboring properties. 

2) The erection of election signs shall be permitted on vacant land owned by the Town, provided the signs do not cause an obstruction to the traveling public or the work of the Town, and provided the signs are not located within the far limits of the street at any intersection. 

3) Election signs shall not be affixed or attached to existing municipal buildings, structures or signs.

4) Election signs are not to be erected earlier than 30 days before the date of the by-election (June 12th). 

5) Candidates shall remove their election signs within 2 days after the close of polls on election day and shall ensure that the site is cleaned up. 

6) If the Candidate fails to remove his or her election signs within two days after the polls close on election day, the Town may remove them and dispose of them and the candidate shall be responsible for the cost of the removal and disposal of such signs. 

7) No permit fee shall be required for election signs of any candidate. 

8) In accordance with Town of Marystown’s Brand Standards, use of the Town of Marystown logo(s) is reserved only for official Town business and is not not permitted to be used in any candidate’s materials, including signage, brochures, online, social (e.g. Facebook, Twitter, Instagram, etc.) or print mediums.

9) NL Power does not permit signage to be erected on or in close proximity to utility poles upon which workers are required to work as they pose serious hazards for their line crews (interfere with ability to climb poles, can cause tears in insulated gloves meant to protect from shock/electrocution and can cause cuts and other injuries).

What authority does a candidate’s agent have?

After taking an oath or affirmation, agents can start their duties. Agents are allowed to observe the election activity and be present at the counting of the votes. Agents can also view the voter’s list, ask for the affirmation or oath of a voter, object to a specific voter, confirm that the ballot box is empty before the voting begins, examine ballots, object to a specific ballot and be present at a recount.

Does the agent have authority to campaign at the polling station?

No. Agents cannot campaign or distribute campaign materials (physically or electronically (e.g., using social media) at the polling station or within 30 meters of the polling station, and must remain respectful to all voters, the electoral process, the Returning Officer and all other election officials. This includes not distributing election results until the results are officially declared by the Returning Officer.

Must a Returning Officer wait for a candidate or a candidate’s agent to be
present before counting ballots?

No, the Returning Officer does not have to wait for a candidate or an agent in order to start counting the ballots. The candidate has the right to be present or have an agent present during the counting but it is the candidate’s responsibility to have a presence at each polling station that they wish to be observed. A candidate may appoint one agent per polling station.

When should a newly elected/acclaimed Councillor be sworn-in after an
election?

A term of office shall begin within two weeks of being elected. Note that before starting a term of office a Councillor must be sworn-in.

Who has the authority to swear-in a newly elected/acclaimed Councillor?

The Returning Officer has the authority to do the swearing-in. A Clerk, Provincial Court Judge, Justice of the Peace and Commissioner for Oaths may also swear-in newly elected/acclaimed Councillors.

When does a newly elected council have to have its first meeting?

The Town Clerk or Returning Officer shall call a meeting within fourteen days of the election.

What restrictions exist for municipal campaign contributions?

All contributions of money, goods or services received by a candidate with a value of over $100 (or another amount if prescribed in a municipality’s regulations) must be declared and counted by a candidate when reporting on campaign contributions received.

Candidates must submit campaign contribution reports within 90 days of the election and the reports will be made available to the public for inspection.

Are in-kind contributions considered campaign contributions?

Any goods or services contributed to a campaign in-kind, such as printing, signage, office space and advertising need to be included by candidates when reporting on campaign contributions, depending on their total value. To value any goods or services received, one must use the equivalent lowest market value of the goods or services received as if they were sold.

Please note that personal time and services donated are not meant to be captured.

I think that a municipal election was not carried out properly. What can I do?

A petition detailing the alleged complaint needs to be presented to the provincial court within 30 days of when the election (or alleged action) occurred in order for the matter to be reviewed by the court.