Frequently Asked Questions
Candidates
Q. Can a mayor or councillor of a municipality run as a MLA?
A. A mayor or councillor of a municipality may run as a member of the legislative assembly (MLA) in a provincial election or by-election without resigning his or her seat.
After the election, if that person is declared elected, then he or she must resign as mayor or councillor prior to taking the oath of office and sitting as a MLA.
Elections Act, subsection 48.1(1)
Q. Can I work for the election if I am a relative of a candidate?
A. No person who is a family associate (spouse, parent, child, or brother or sister) of any candidate or candidate’s spouse may be appointed, act or continue to act as an election officer in any electoral district in which that candidate may be elected.
You may however, be able to work in a different electoral district.
Q. How do I become a candidate?
A. As required by the Elections Act, individuals seeking the nomination as a candidate of a registered political party in a provincial electoral district must register with Elections New Brunswick as soon as possible after being accepted as a “nomination contestant” by their party.
The exact process to become a nomination contestant varies by party, but the registration process is not complete until an authorized officer of the registered political party accepts the individual and files the form “Application for Registration as a Leadership Contestant or Nomination Contestant” with Elections New Brunswick.
Nomination papers for persons nominated by a political party or as independents to run for election as Members of the Legislative Assembly may be completed and returned to the office of the Returning Officer for the electoral district where the person will be a candidate any time between the date of the proclamation and 2:00 p.m. on Nomination Day. In a general election, Nomination Day is 20 days before Election Day. In a by-election, Nomination Day is 17 days before Election Day.
Do not leave filing to the last minute, in case corrections or additions are needed in your papers, as no nomination papers can be accepted after the deadline under any circumstances.
A candidate must be nominated by at least 25 electors. The nomination paper must be filed with the Returning Officer with a deposit of one hundred dollars ($100), in cash or by certified cheque or money order, made payable to 'The Minister of Finance'. In addition, candidates representing a registered political party must submit a letter of endorsement from their party leader.
The name of a candidate will appear on the ballot exactly the way it appears on the Nomination Paper. A nickname is permitted if it is in brackets and is printed on the Nomination Paper as the candidate wishes it to appear on the ballot.
Once it has been checked for completeness, the Returning Officer will sign or initial the nomination paper of a candidate to indicate that the nomination is accepted.
Q. How much may I spend on campaign advertising?
A. There are some limits candidates and their campaign workers need to be aware of:
The Political Process Financing Act (PPFA) sets limits on how much money candidates can raise and spend on their campaign: this Act is administered by the Supervisor of Political Financing, who can be reached at 453-2218 or 1-800-308-2922.
A common financial limit of $3,000 came into effect on January 1, 2018, for any financial support provided by way of contributions or financing to political entities in New Brunswick. It is an offence of category E to violate this limit.
Spending limits are placed on how much registered political parties and candidates may spend to contest elections. The limits are calculated from base amounts per elector multiplied by the number of electors registered in each electoral district at the time the “preliminary list of electors” is prepared; i.e. on the day the writ of election is issued. The base amounts are adjusted on January 1 of each year based on the Consumer Price Index for Canada (the “CPI”).
The PPFA also requires certain information about the printer and publisher of any advertisement to be included in or on the advertisement, whether in print or broadcast media.
Q. I need to find a commissioner of oaths to sign my nomination paper as a candidate.
A. Most lawyers are commissioners of oaths. Under ss. 124(4) of the Elections Act, any oaths required for elections must be done for free.
Alternately, starting in 2011, candidates may visit a Service New Brunswick location. Elections NB has arranged for SNB commissioners of oaths at the service centres to be able to administer oaths for nomination papers.
Q. I work for the federal government, can I be a candidate?
A. There is no restriction under the Elections Act or Municipal Elections Act merely because you work for the federal government. However you may have restrictions imposed by your employer.
In most federal public service organizations, an employee may seek nomination as, or be, a candidate in an election before or during the election period, only if the employee has requested and obtained permission from the Public Service Commission of Canada (PSC) to do so. The PSC may grant permission, with or without conditions, if it is satisfied that seeking nomination as, or being, a candidate will not impair or be perceived as impairing your ability to perform your duties in a politically impartial manner.
For more information, please contact the designated representative for political activities in your organization. A list of the designated representatives for organizations subject to these rules and other information on Political Activities are available at www.psc-cfp.gc.ca under the "Political Activity" section. You can also contact the PSC at 1-866-707-7152, or "[email protected]".
Q. I work for the provincial government, can I be a candidate?
A. Check with your Supervisor as there are provisions in your Provincial Administration Manual related to this question.
Q. What area will I represent as a candidate?
A. Detailed information is available from your Returning Officer.
As well, you can retrieve lists of the areas for each contest using our website.
Q. Is election advertising permitted on election day?
What are the advertising restrictions on election campaigns?
A. Restricted Advertising Period: After midnight of the Saturday night before the election until after the polls are closed on polling day, no election speeches, entertainment, or advertising may be:
broadcast by any radio or television station (in or outside Canada);
published in any newspaper, magazine or similar print media; or
transmitted by any means to any telephones, telecopiers, computers, or other communication devices.
Polling Day: In addition, on election day no advertising or campaigning of any kind may be done on or from any motor vehicle and there may be no advertising or campaign material of any kind, on any property within thirty metres (100 feet) of any premises in which a polling station is located. Candidates – but not their agents, representatives or family members -- are allowed to be in any poll at any time on any polling day (ordinary or advance), as long as they do not engage in any kind of campaigning or interfere with voters or the polling process.
Advance Poll Days: There may be no advertising or campaign material on any property within thirty metres (100 feet) of the premises in which an advance poll is being held. In addition, any advertising or campaigning using loudspeakers from a motor vehicle must not be able to be heard within thirty metres of the building where an advance poll is being held.
Printed Advertising: Every printed advertisement, placard, poster, pamphlet, handbill or circular shall bear the name of the registered political party or the candidate on whose behalf it was ordered and shall bear the name and address of its printer.
Q. What are the rules regarding signs?
A. There may be no advertising or campaign material on any property within thirty metres (100 feet) of the premises in which an advance or ordinary poll is being held.
Placement of Election Signs: The Department of Transportation controls where or if signs may be placed on highway rights-of-way. Under the Highway Advertisements Regulation-Highway Act, election signs are not permitted on Level I and Level II access controlled highways (four-lane or two-lane). However, they are permitted within the highway right-of-way of other highways. In the interest of safety, any signs that are attached to a DOT sign, guard rail or bridge, installed within the median, or installed such that they reduce sight lines or visibility, will be removed immediately.
Municipalities may also have sign by-laws that control where or when election signs may be placed.
Printed Advertising: Every printed advertisement, placard, poster, pamphlet, handbill or circular shall bear the name of the registered political party or the candidate on whose behalf it was ordered and shall bear the name and address of its printer.
Q. Who are the candidates in the election and how can I get in touch with them?
A. A list of the candidates is available on the Elections NB website at www.electionsnb.ca.
Alternately, you can call your Returning Office for a list of the candidates in your region.
The Returning Office has contact information for the candidates.
Q. I have a complaint about candidate signs.
A. Contact your Returning Office. They have contact information for the local candidates.
Q. Is it legal for the local candidate to offer rides to the polling station?
A. Yes, but they cannot have any campaign signs on vehicles used for this, due to restrictions on advertising at the polls.
Q. Who is, or is not, allowed to be at the polls on polling day?
A. Various election workers appointed by the Returning Officer. At polling centres there will be:
Constables to direct voters;
Voters List or Poll Revision Officers to look up voters’ names, and to add new voters to the List of Electors;
Ballot Issuing Officers who explain and issue ballots to the electors;
Tabulation Machine Officers who operate the tabulation machines, and ensure the ballots are properly inserted into the ballot box;
Poll Supervisors who manage the polling station.
The Returning Officer or Election Clerk will visit most polling centres at least once or twice during the day, to make sure things are going as planned.
Scrutineers, who are appointed by candidates to observe the voting and counting; Each candidate can appoint only one scrutineer per polling division to be at the polls at any time.
Candidates can be at any poll at any time, as long as they do not interfere with voters or the voting process. This means they cannot do any campaigning at the polls (they may introduce themselves to voters or workers).
Voters, of course, are allowed at the polls, but must leave as soon as they have voted.
Media representatives may be present for the sole purpose of photographing or recording the casting of the ballot by a candidate of a recognized party.
Campaign workers other than candidates and scrutineers are NOT allowed in the polls, unless they are voting as a voter.