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Difference between revisions of "The Right to Vote (5:VII)"
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The Right to Vote (5:VII) (view source)
Revision as of 21:58, 1 December 2021
, 21:58, 1 December 2021→2. Who Is Eligible to Vote
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Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district, must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified. | Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district, must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified. | ||
Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://www.canlii.org/en/yk/ykca/doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4 Re Yukon Election Residency Requirements]'', [1986] 2 BCCR (2d) 50 (CA), | Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://www.canlii.org/en/yk/ykca/doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4 Re Yukon Election Residency Requirements]'', [1986] 2 BCCR (2d) 50 (CA), the BC Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives. | ||
Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone prohibited from voting under Part 12 of the ''Election Act''. | Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone prohibited from voting under Part 12 of the ''Election Act''. | ||
Keep in mind that this is just a general guide | Keep in mind that this is just a general guide and is not meant to be an exhaustive list. Consult the ''Election Act'' for more detailed and extensive information. | ||
Section 32 of the ''Election Act'' provides that individuals may only vote in an electoral district in which they are | Section 32 of the ''Election Act'' provides that individuals may only vote in an electoral district in which they are resident. The ''Act'' defines a residence as the place where a person’s habitation is fixed, and to which, if they are absent, they intend to return. Note the following additional considerations: | ||
*Leaving one’s home temporarily does not affect one’s residency status, but if a person leaves with the intention to remain away either indefinitely or permanently, that person loses their status as a resident in BC. | *Leaving one’s home temporarily does not affect one’s residency status, but if a person leaves with the intention to remain away either indefinitely or permanently, that person loses their status as a resident in BC. | ||
*Persons entering the province temporarily are not considered to be resident for election purposes. | *Persons entering the province temporarily are not considered to be resident for election purposes. | ||