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

Full Document:  

Act current to 2019-06-20 and last amended on 2019-06-13. Previous Versions

PART 9Voting (continued)

Polling Day (continued)

Admitting Voters (continued)

Marginal note:Person in whose name another has voted

  •  (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

  • Marginal note:Requirement before making solemn declaration

    (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

  • 2000, c. 9, s. 147
  • 2007, c. 21, s. 22
  • 2014, c. 12, s. 48
  • 2018, c. 31, s. 95

Marginal note:Name crossed off list in error

 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

  • 2000, c. 9, s. 148
  • 2007, c. 21, s. 22
  • 2014, c. 12, s. 48
  • 2018, c. 31, s. 95

Marginal note:Failure to prove identity or residence

  •  (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

  • Marginal note:When elector refuses to make solemn declaration

    (2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

  • 2007, c. 21, s. 22
  • 2014, c. 12, s. 49
  • 2018, c. 31, s. 95

Marginal note:Elector not allowed to vote

 An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless

  • (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

  • (b) the elector gives the election officer a registration certificate described in subsection 161(4).

  • (c) [Repealed, 2018, c. 31, s. 96]

  • 2000, c. 9, s. 149
  • 2007, c. 21, s. 23
  • 2018, c. 31, s. 96

Voting Procedure

Marginal note:Delivery of ballot to elector

  •  (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

  • Marginal note:Instructions to elector on receiving ballot

    (2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

  • 2000, c. 9, s. 150
  • 2018, c. 31, s. 97

Marginal note:Manner of voting

  •  (1) An elector shall, after receiving a ballot,

    • (a) proceed directly to the voting compartment;

    • (b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;

    • (c) fold the ballot as instructed by the election officer; and

    • (d) return the ballot to the election officer who provided it.

  • Marginal note:Return of ballot

    (2) The election officer shall, on receiving the ballot from the elector,

    • (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;

    • (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and

    • (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

  • 2000, c. 9, s. 151
  • 2018, c. 31, s. 98

Marginal note:Spoiled ballot

  •  (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

  • Marginal note:Limit

    (2) An elector shall not be given more than one ballot under subsection (1).

  • 2000, c. 9, s. 152
  • 2018, c. 31, s. 99

Marginal note:No delay in voting

  •  (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.

  • Marginal note:Electors present at close of voting hours allowed to vote

    (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

Special Voting Procedures

Marginal note:Assistance by election officer

  •  (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

  • Marginal note:Template

    (2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

  • 2000, c. 9, s. 154
  • 2018, c. 31, s. 100

Marginal note:Assistance by friend or related person

  •  (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment and assist the elector to mark his or her ballot:

    • (a) a friend of the elector;

    • (b) the elector’s spouse or common-law partner; or

    • (c) a relative of the elector or of the elector’s spouse or common-law partner.

  • (2) [Repealed, 2018, c. 31, s. 101]

  • Marginal note:Solemn declaration

    (3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration, in the prescribed form, that he or she

    • (a) will mark the ballot paper in the manner directed by the elector;

    • (b) will not disclose the name of the candidate for whom the elector voted;

    • (c) will not try to influence the elector in choosing a candidate; and

    • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

  • (4) [Repealed, 2018, c. 31, s. 101]

  • 2000, c. 9, s. 155, c. 12, s. 40
  • 2018, c. 31, s. 101

Marginal note:Use of interpreter

 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote.

  • 2000, c. 9, s. 156
  • 2018, c. 31, s. 102
 
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