The Local Government Election Act, 2015, has implemented changes for the requirements for retention and destruction of Election documents. Section 142, speaks to the safekeeping of the ballot boxes and duplicate statement of results being the responsibility of the Administrator. As set out below the Act required retention of Election documents as follows:
– The Administrator shall retain all elections documents sealed or resealed in the ballot boxes pursuant to sections 137 and 138 for three months after election day; and as soon as possible after the three-month period, unless otherwise ordered by a judge, cause them to be destroyed in the presence of two witnesses whose affidavits to that effect shall be taken and filed in the records of the municipality.
– All election documents, other than those sealed or resealed in the ballot box, are deemed to be public documents of the municipality, and must be retained in accordance with section 90 of The Cities Act, and each individual City’s Records Retention and Disposal Bylaw.
– The Administrator, shall retain the nomination forms of all candidates for the duration of the term of office for which the election is held in accordance with Section 69. At the end of the term of office, the Administrator shall destroy the nomination papers from the previous election in the presence of two witnesses. Affidavits of the witnesses are to be taken before a witnessing official and are to be filed among the records of the municipality.
Records Retention and Disposal Bylaw
The City of Yorkton, in addition to the prescribed election document retention and destruction, added that the Oaths of Office and Disclosure of Holdings of Council members be retained for 12 years after the term of office of the Council Member is completed. The rationale is that a member of council who is disqualified from council is not eligible to be nominated or elected in an election in any municipality until the earlier of: 12 years following the date of the disqualification; and the date of any pardon obtained with respect to a disqualification pursuant to a conviction.