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

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Act current to 2019-04-25 and last amended on 2019-04-01. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 5Incarcerated Electors (continued)

Marginal note:Duties of deputy returning officer

 On the day on which the electors cast their ballots, the deputy returning officer shall, at each polling station,

  • (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 the deputy returning officer with an authorization, in the prescribed form, signed by a candidate for that party.

Marginal note:Declaration of elector

  •  (1) Before delivering a special ballot to an elector, the deputy returning officer for 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 make and 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 deputy returning 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 the special ballot and, in the presence of the deputy returning 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 an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning 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.

  • 2000, c. 9, s. 259
  • 2018, c. 31, s. 179

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 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 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.

  • 2000, c. 9, s. 267
  • 2018, c. 31, s. 182
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