Canada Elections Act (S.C. 2000, c. 9)

Marginal note:Setting aside of outer envelope

• 277. (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that

  • (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

  • (b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector;

  • (c) more than one ballot has been issued to an elector; or

  • (d) the outer envelope was received after the prescribed deadline.

• Marginal note:Registering objections

  (2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

• Marginal note:Noting of reasons for setting aside

  (3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.

Marginal note:Counting of outer envelopes

• 278. (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes.

• Marginal note:Inner envelopes

  (2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer.

• Marginal note:Counting the votes

  (3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.

Marginal note:Rejection of ballots

• 279. (1) The deputy returning officer shall, in counting the ballots, reject a ballot if

  • (a) it has not been supplied for the election;

  • (b) it is not marked;

  • (c) it is marked with a name other than the name of a candidate;

  • (d) it is marked for more than one candidate; or

  • (e) there is any writing or mark on it by which the elector could be identified.

• Marginal note:Elector’s intent

  (2) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector’s intent.

• Marginal note:Political affiliation

  (3) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.