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First Nations Elections Regulations (SOR/2015-86)

Regulations are current to 2024-03-06

Elections (continued)

Marginal note:Mail-in ballot

 An elector who wants to receive a mail-in ballot must make a written request to the electoral officer that includes a copy of their proof of identity.

Marginal note:Mail-in ballot package

  •  (1) No later than 30 days before the day on which the election is to be held, the electoral officer must mail to every elector who has made a written request a mail-in ballot package consisting of

    • (a) a ballot, initialed on the back by the electoral officer or deputy electoral officer;

    • (b) an outer return envelope that is pre-addressed to the electoral officer and, if the elector’s address is in Canada, is postage-paid;

    • (c) an inner envelope marked “Ballot” for insertion of the completed ballot;

    • (d) a voter declaration form;

    • (e) instructions regarding voting by mail-in ballot;

    • (f) the notice set out in section 14;

    • (g) a statement that the elector may vote in person at a polling station on the day of the election, or at an advance polling station if applicable, in lieu of voting by mail-in ballot, if

      • (i) they return the unused mail-in ballot to the electoral officer or deputy electoral officer, or

      • (ii) they provide the electoral officer or deputy electoral officer with a sworn affidavit stating that they have lost their mail-in ballot; and

    • (h) a list of the names of any candidates who were elected by acclamation.

  • Marginal note:Six or more days before election

    (2) If an elector makes a written request for a mail-in ballot six or more days before the day on which the election is to be held, the electoral officer must mail, or deliver at an agreed time and place, a mail-in ballot package to the elector as soon as feasible after receipt of the request.

  • Marginal note:Voters list

    (3) The electoral officer must indicate on the voters list, next to the name of each elector to whom a mail-in ballot package was mailed or delivered, that a package has been provided to that elector and keep a record of the date on which, and the address to which, each package was mailed or delivered.

Marginal note:Mail-in ballot

  •  (1) An elector may vote by mail-in ballot by

    • (a) marking the ballot with a cross, check mark or other mark that clearly indicates the elector’s choice, but does not identify the elector, next to the name of the candidates for whom they intend to vote;

    • (b) folding the ballot in a manner that conceals the candidates’ names and any marks on the ballot without hiding the initials on the back;

    • (c) placing the ballot in the inner envelope and sealing that envelope;

    • (d) completing and signing the voter declaration form;

    • (e) placing the inner envelope and the completed voter declaration form in the outer envelope; and

    • (f) delivering or mailing the mail-in ballot package to the electoral officer or deputy electoral officer before the time at which the polls close.

  • Marginal note:Assistance of another person

    (2) If an elector is unable to vote in the manner set out in subsection (1), the elector may enlist the assistance of another person.

  • Marginal note:Voided mail-in ballot

    (3) A mail-in ballot is void if the mail-in ballot package is not received by the electoral officer or deputy electoral officer before the time at which the polls close.

  • Marginal note:Safekeeping of mail-in ballot

    (4) The electoral officer or deputy electoral officer must ensure the safekeeping of the mail-in ballot packages until they are opened in accordance with section 22.

Marginal note:Advance poll

  •  (1) The electoral officer may establish an advance polling station at any location that the electoral officer considers suitable and hold an advance poll for the period beginning on the tenth day and ending on the fifth day before the day on which the election is to be held.

  • Marginal note:Procedures

    (2) The procedures set out in sections 20 and 21 apply to advance polling stations.

  • Marginal note:On close of advance polling station

    (3) As soon as the advance polling station closes, the electoral officer must seal the ballot box in a manner that prevents it from being opened without breaking the seal, place their initials on the seal, invite two witnesses to initial the seal, and ensure the safekeeping of the ballot box until the counting of the votes following the close of the polling stations on the day of the election.

Marginal note:Polling stations

 The electoral officer must establish at least one polling station on the reserve on the day of the election unless the electoral officer is unable to do so, in which case the electoral officer must establish a polling station as close to the reserve as possible.

Marginal note:Polling station materials

  •  (1) The electoral officer must, before the poll is open, ensure that each polling station is equipped with ballot boxes, ballots, materials for marking the ballots and any other necessary materials for the conduct of the vote.

  • Marginal note:Compartments

    (2) The electoral officer or deputy electoral officer must provide a compartment at each polling station where the electors can mark their ballots without being observed by any other person.

  • Marginal note:Security

    (3) The electoral officer or deputy electoral officer may designate a person to maintain order at a polling station.

  • Marginal note:Hours

    (4) Polling stations must be open from 9:00 a.m. to 8:00 p.m. on the day of the election.

  • Marginal note:Candidate’s representatives

    (5) A candidate is entitled to two representatives in a polling station.

  • Marginal note:Sealed ballot box

    (6) The electoral officer or deputy electoral officer must, before the polling station is opened, open the ballot box, call all persons present to witness that it is empty, seal the box in a manner that prevents it from being opened without breaking the seal and place it in a location that is visible to the voters.

  • Marginal note:Seal

    (7) The seal of a ballot box must not be broken and the ballot box must not be opened during the time that the polling station is open.

  • Marginal note:Repeat of procedure

    (8) If another ballot box is required during the time that the polling station is open, the electoral officer or deputy electoral officer must repeat the procedure set out in subsection (6).

Marginal note:Ballot

  •  (1) Subject to subsection (3), the electoral officer or deputy electoral officer must provide a ballot on which their initials have been placed to any person who has not voted at an advance poll, who attends at a polling station and whose name is set out in the voters list.

  • Marginal note:Marked voters list

    (2) The electoral officer or deputy electoral officer must place a mark on the voters list next to the name of each elector who was given a ballot.

  • Marginal note:Mail-in ballot

    (3) An elector who received a mail-in ballot package under section 16 may obtain a ballot and vote in person at a polling station if the elector

    • (a) returns the unused mail-in ballot to the electoral officer or deputy electoral officer; or

    • (b) provides the electoral officer or deputy electoral officer with a sworn affidavit stating that they have lost their mail-in ballot.

  • Marginal note:Procedure

    (4) After receiving a ballot, an elector must

    • (a) immediately proceed to the compartment provided for marking ballots;

    • (b) mark the ballot with a cross, check mark or other mark that clearly indicates the elector’s choice, but does not identify the elector, next to the name of the candidates for whom they intend to vote;

    • (c) fold the ballot in a manner that conceals the candidates’ names and any marks on the ballot without hiding the initials on the back; and

    • (d) give the ballot to the electoral officer or deputy electoral officer.

  • Marginal note:Ballot box

    (5) The electoral officer or deputy electoral officer must, without unfolding the ballot, verify the initials placed on it and return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

  • Marginal note:Privacy

    (6) Subject to subsection (7), while an elector is in the compartment provided for marking ballots, no other person is allowed to be in the compartment or be in a position to see the manner in which the elector marks their ballot.

  • Marginal note:Assistance

    (7) At the request of any elector who is unable to vote in the manner set out in subsection (4), the electoral officer or deputy electoral deputy must, in the presence of a witness that the elector has selected, assist that elector by marking their ballot in the manner directed by the elector and return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

  • Marginal note:Note on voters list

    (8) The electoral officer or deputy electoral officer must make a note on the voters list next to the elector’s name to indicate that the ballot was marked by the electoral officer or deputy electoral officer at the elector’s request.

  • Marginal note:Spoiled ballot

    (9) An elector who has inadvertently made their ballot unusable may return it to the electoral officer or deputy electoral officer and is, on one occasion, entitled to obtain another ballot, and the electoral officer or deputy electoral officer must write the word “cancelled” on the spoiled ballot and preserve it.

  • Marginal note:Forfeiture

    (10) Any person who has received a ballot and who declines to vote or who leaves the polling station without voting forfeits their right to vote at the election.

  • Marginal note:Voters list

    (11) In the case of a person who forfeits their right to vote, the electoral officer or deputy electoral officer must make a note on the voters list next to that person’s name to indicate that the person received a ballot and declined to vote and, if possible, write the word “declined” on the back of the ballot and preserve it.

  • Marginal note:Entitlement to vote before closure

    (12) Every elector who is inside the polling station at the time fixed for closing the poll is entitled to vote before the poll is to be closed.

Marginal note:Rejection or acceptance of mail-in ballot

 At the time and on the date set for the counting of the votes in the notice referred to in section 14, the electoral officer or deputy electoral officer must, in the presence of everyone present, open each envelope containing a mail-in ballot that was received before the close of the polls and, without unfolding the ballot,

  • (a) reject the ballot if

    • (i) it is not accompanied by a voter declaration form or the voter declaration form is not signed or witnessed,

    • (ii) the name of the elector set out in the voter declaration form is not on the voters list, or

    • (iii) the voters list shows that the elector has already voted; or

  • (b) place a mark on the voters list next to the elector’s name that is set out in the voter declaration form and deposit the ballot in a ballot box.

Marginal note:Ballots

 After all mail-in ballots have been deposited in a ballot box, the electoral officer or deputy electoral officer must, in the presence of everyone present, open all ballot boxes and

  • (a) examine the ballots and reject any ballots

    • (i) that do not contain the electoral officer’s or deputy electoral officer’s initials, or

    • (ii) on which any marks appear that would identify the voter;

  • (b) declare any portion of a ballot on which votes have been given for more candidates than are to be elected to an office as void with respect to the candidates for that office;

  • (c) take note of any objection made by any candidate or their representative to any ballot found in the ballot box and decide any question arising out of the objection;

  • (d) number any objection and place a corresponding number on the back of the ballot with their initials and the word “allowed” or “disallowed”, as the case may be;

  • (e) from the ballots that are not rejected and from the portions of ballots that are not void, count the votes given for each candidate who has not withdrawn before the close of the polls; and

  • (f) prepare and sign a statement of the number of votes for each candidate, the number of ballots that are rejected and the number of ballots that have a portion declared void.

Marginal note:Declaration

  •  (1) Subject to subsection (2), after the completion of the counting of the votes, the electoral officer must, in the presence of everyone present, declare to be elected the candidates having the highest number of votes.

  • Marginal note:Five or fewer votes

    (2) If the difference between the number of votes of a candidate with the highest number of votes — who would otherwise be declared elected — and another candidate for the same position is five or fewer, the electoral officer must establish a date, time and place for a recount of the votes cast for those candidates and announce that date, time and place in the presence of everyone present.

  • Marginal note:Time of recount

    (3) A recount must commence within 24 hours after the announcement by the electoral officer that a recount is necessary.

  • Marginal note:Handling of ballots

    (4) If the recount is not to be conducted immediately after the counting of the votes, the electoral officer must

    • (a) deposit all ballots in envelopes and seal them in a manner that prevents them from being opened without breaking the seal;

    • (b) place their initials on the seal and have any two people present do the same;

    • (c) deposit the sealed envelopes into a ballot box and seal that box in a manner that prevents it from being opened without breaking the seal; and

    • (d) ensure the safekeeping of the sealed ballot box until the time established for a recount.

  • Marginal note:Recount

    (5) On the date and at the time and place established for a recount, the electoral officer must open the sealed ballot box and the sealed envelopes in the presence of everyone present and conduct a recount.

  • Marginal note:Declaration

    (6) After the completion of the recount, the electoral officer must, in the presence of everyone present, declare to be elected the candidates having the highest number of votes and, in the case where a draw has been held in accordance with section 24 of the Act, any candidate who has won the draw.

  • Marginal note:Statement

    (7) Within four days after completion of the counting of the votes or, if there has been a recount, within four days after the recount, the electoral officer must

    • (a) sign and post, in a conspicuous place on the reserve, a statement indicating the number of votes cast for each candidate and the names of the elected candidates; and

    • (b) send a copy of the statement to the Department.

Disposal of Ballots and Election Documents

Marginal note:Retention of documents

  •  (1) The electoral officer must deposit all ballots in envelopes, seal them and ensure their safekeeping along with other election documents, for a period of 120 days following the election.

  • Marginal note:Destruction of documents

    (2) At the end of the period set out in subsection (1), the electoral officer must destroy the ballots and election documents, unless they are served, in accordance with section 34 of the Act, with an application to contest the election.

 

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