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

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Act current to 2019-02-28 and last amended on 2019-01-19. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 4Electors Residing in Canada (continued)

Marginal note:Elector to be given regular ballot

 An elector who applies to vote in person at the office of the returning officer for his or her electoral district after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) and 227(2)(b) to (d) and return the outer envelope to the election officer.

Marginal note:Spoiled ballot

  •  (1) If an elector has inadvertently handled a ballot or a special ballot in such a manner that it cannot be used, the elector shall return it to the election officer who shall mark it as a spoiled ballot and give the elector another ballot.

  • Marginal note:Limit

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

Marginal note:Assistance

  •  (1) When an elector personally goes to the office of the returning officer and is unable to read or because of a disability is unable to vote in the manner described in this Division, the designated election officer 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 ballot as directed by the elector in the elector’s presence.

  • Marginal note:Note on outer envelope

    (2) An election officer who assists an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.

  • 2000, c. 9, s. 243;
  • 2018, c. 31, s. 164.

Marginal note:Registration, voting at home

  •  (1) On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

    • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

    • (b) marking the ballot as directed by the elector in the elector’s presence.

  • Marginal note:Note on outer envelope

    (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the outer envelope, that the elector was assisted.

  • 2000, c. 9, s. 243.1;
  • 2018, c. 31, s. 166.

DIVISION 5Incarcerated Electors

Definition of elector

 For the purpose of this Division, elector means an incarcerated elector.

Marginal note:Entitlement to vote

  •  (1) Every person who is incarcerated and who is otherwise qualified to vote under this Act is entitled to vote under this Division on the 10th day before polling day.

  • Marginal note:Exercise of right to vote

    (2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 257.

  • Marginal note:Vote to be in electoral district

    (3) An elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.

Marginal note:Designation of coordinating officers

 The ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between elections with the Chief Electoral Officer to carry out the purposes and provisions of this Division.

Marginal note:Notification of issue of the writs

  •  (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the minister responsible for corrections in a province of their issue and of the location of administrative centres.

  • Marginal note:Designation of liaison officers

    (2) On being informed of the issue of the writs, each minister responsible for corrections in a province shall

    • (a) inform the coordinating officer for that province of the issue of the writs;

    • (b) designate one or more persons to act as liaison officers in connection with the taking of the votes of electors; and

    • (c) inform the Chief Electoral Officer and the coordinating officer for that province of the name and address of each liaison officer.

Marginal note:Liaison officers

  •  (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form.

  • Marginal note:Duty to cooperate

    (2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors.

Marginal note:Duty of coordinating officer

 When a coordinating officer is informed that a liaison officer has been designated, the coordinating officer shall give the liaison officer all necessary information on taking the votes of electors.

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 10th 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 10th 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.

  • 2000, c. 9, s. 251, c. 12, s. 40.

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:Appointment of deputy returning officers and poll clerks

  •  (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 appoint a deputy returning officer and a poll clerk for 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 the materials in sufficient quantities to the deputy returning officers appointed under subsection (1) for the correctional institution; and

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

 
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