Can a clerk refuse to accept the nomination papers of a candidate that is not eligible for election by virtue of his employment with the city?
Ontario, Canada
The following excerpt is from Noland v. Bailey, 2004 CanLII 25376 (ON SC):
Zeppieri v. Ontario (Attorney General), [2000] O.J. No. 3711 (Sup. Ct. Jus. (Div. Ct.)), endorses by implication the actions of a clerk who refused to accept the nomination papers of a potential candidate that was not eligible for election by virtue of his employment with the city. Under s. 29 of the statute, to be nominated, a person must be both qualified and not otherwise ineligible. A municipal employee was not eligible to be nominated for office unless he or she was on an unpaid leave of absence beginning no later than nomination day.
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