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

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Act current to 2018-12-12 and last amended on 2016-01-01. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 5Incarcerated Electors (continued)

Marginal note:Assistance

  •  (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the deputy returning 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 special ballot as directed by the elector in his or her presence and in the presence of the poll clerk.

  • Marginal note:Note on outer envelope

    (2) The deputy returning officer and the poll clerk 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, the deputy returning officer 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 Ottawa 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 outer envelope

  •  (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain 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 envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector;

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

    • (d) the outer envelope has been received in Ottawa by the special voting rules administrator 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 but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened.

  • Marginal note:Disposition of outer envelopes that are laid aside

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

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

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

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

  • Marginal note:Special report

    (4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid 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.

Marginal note:Statements of the vote

  •  (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.

  • Marginal note:Safekeeping

    (2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.

  • Marginal note:Copy to special ballot officer

    (3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.

Marginal note:Chief Electoral Officer to be informed of results of vote

 Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of

  • (a) the number of votes counted for each candidate for every electoral district;

  • (b) the total number of votes counted for each electoral district; and

  • (c) the number of rejected ballots for each electoral district.

Marginal note:Sending of material to Chief Electoral Officer

 As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,

  • (a) the lists of electors;

  • (b) all other documents and election materials received from commanding officers, deputy returning officers and special ballot officers;

  • (c) the oaths of office; and

  • (d) the complete files of correspondence, reports and records in his or her possession.

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