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

Full Document:  

Act current to 2022-09-22 and last amended on 2021-06-29. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 5Incarcerated Electors (continued)

Marginal note:Notice of entitlement to vote

  •  (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors of the date on which they are entitled to vote in accordance with this Division.

  • Marginal note:Voting hours

    (2) The polling stations shall be open on the 12th day before polling day from 9:00 a.m. and shall be kept open until every elector who is registered under subsection 251(1) has voted, but in no case shall they be kept open later than 8:00 p.m. on that day.

Marginal note:Application for registration and special ballot

  •  (1) Before the 12th day before polling day, each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is completed for every eligible elector of the correctional institution who wishes to vote, indicating his or her place of ordinary residence as determined under subsection (2).

  • Marginal note:Residence of elector

    (2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:

    • (a) his or her residence before being incarcerated;

    • (b) the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;

    • (c) the place of his or her arrest; or

    • (d) the last court where the elector was convicted and sentenced.

  • Marginal note:Optional information

    (3) In addition to providing his or her place of ordinary residence, the Chief Electoral Officer may request that the elector provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55, but the elector is not required to provide that information.

  • Marginal note:Validation

    (4) The liaison officer shall validate the application for registration and special ballot by signing it and indicating on it the name of the electoral district that includes the place of ordinary residence as determined under subsection (2).

  • Marginal note:Dispute about electoral district

    (5) If a dispute arises as to in which electoral district an elector may vote, the elector may refer the matter to the returning officer for the electoral district where the correctional institution is located, and the returning officer shall make a final determination in accordance with the process for revising lists of electors.

Marginal note:List of incarcerated electors

 Applications for registration and special ballot are deemed to be the list of electors who vote under this Division.

Marginal note:Polling stations and election officers

  •  (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.

  • Marginal note:Provision of election materials

    (2) A liaison officer shall, on receiving the election materials and list of candidates,

    • (a) provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and

    • (b) post the list of candidates in one or more conspicuous places in the correctional institution.

Marginal note:Duties of election officer

 On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall

  • (a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and

  • (b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, a guide to electoral districts and a list of candidates.

Marginal note:Mobile polling stations

  •  (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary.

  • Marginal note:Common mobile polling stations

    (2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.

Marginal note:Representative of registered party

 With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one.

Marginal note:Declaration of elector

  •  (1) Before delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.

  • Marginal note:Giving special ballot to elector

    (2) After the elector has signed the declaration on the outer envelope, the election officer shall

    • (a) sign the outer envelope; and

    • (b) give the elector a special ballot, an inner envelope and the outer envelope.

Marginal note:Voting by special ballot

  •  (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,

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

    • (b) placing the inner envelope in the outer envelope and sealing the outer envelope.

  • Marginal note:Writing candidate’s name

    (2) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated.

  • Marginal note:Spoiled special ballot

    (3) If the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

  • Marginal note:Limit

    (4) An elector shall not be given more than one special ballot under subsection (3).

Marginal note:Assistance

  •  (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, an election officer who is assigned to the polling station shall assist the elector by

    • (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and

    • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of another election officer who is assigned to the polling station.

  • Marginal note:Note on outer envelope

    (2) The election officers shall sign a note on the outer envelope indicating that the elector was assisted.

Marginal note:Delivery of documents after the vote

 Without delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution

  • (a) the outer envelopes that contain the marked special ballots;

  • (b) any unused or spoiled outer envelopes;

  • (c) any unused or spoiled special ballots and unused inner envelopes; and

  • (d) the applications for registration and special ballot.

Marginal note:Deadline for return of election material

 Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day.

Marginal note:Integration into final list of electors

 The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.

DIVISION 6Counting of Votes at the Office of the Chief Electoral Officer

Marginal note:Application

 This Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.

Marginal note:Administration

  •  (1) The counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator.

  • Marginal note:Special ballot officers

    (2) Special ballot officers shall work in pairs of persons representing different registered parties.

Marginal note:Directives

 The Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other election documents, and instructions for the receiving, sorting and counting of special ballots.

Marginal note:Counting of votes

 The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.

Marginal note:Setting aside of inner envelope

  •  (1) The special ballot officers shall set aside an inner envelope unopened if

    • (a) the information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;

    • (b) a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;

    • (c) the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;

    • (d) the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.m. on polling day; or

    • (e) the outer envelope relates to an electoral district for which the election was postponed in accordance with section 77.

  • Marginal note:Procedure when elector votes more than once

    (2) If, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.

  • Marginal note:Disposition of inner envelopes that are set aside

    (3) When an inner envelope is set aside unopened as described in subsection (1) or (2),

    • (a) it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;

    • (b) at least two special ballot officers shall initial the endorsement; and

    • (c) in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

  • Marginal note:Envelopes and declarations kept together

    (3.1) When an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

  • Marginal note:Dispute

    (3.2) If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.

  • Marginal note:Special report

    (4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.

Marginal note:Duties of special ballot officers

 Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.

Marginal note:Rejection of ballots

  •  (1) Each pair of special ballot officers shall, on examining a special ballot, reject it if

    • (a) it has not been supplied by the Chief Electoral Officer;

    • (b) it is not marked;

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

    • (d) it is marked with the names of 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) No special ballot shall be rejected 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:Disputed ballots

    (3) If a dispute arises as to the validity of a special ballot, it shall be referred to the special voting rules administrator, whose decision is final.

  • Marginal note:Note of dispute

    (4) The number of disputed special ballots and the name of the electoral district in which they were cast are to be noted by the special ballot officers.

 
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