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

Full Document:  

Act current to 2019-08-28 and last amended on 2019-06-13. Previous Versions

PART 11Special Voting Rules (continued)

DIVISION 6Counting of Votes at the Office of the Chief Electoral Officer (continued)

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 and election officers;

  • (c) the solemn declarations made under subsection 23(1); and

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

  • 2000, c. 9, s. 272
  • 2018, c. 31, s. 183

DIVISION 7Counting of Votes in the Office of the Returning Officer

Marginal note:Notification to candidates

 The returning officer shall, as soon as possible, notify the candidates of the names of the election officers who he or she assigns to verify the declarations referred to in paragraph 227(2)(c) and to count the special ballots issued to electors in his or her electoral district and received at his or her office.

  • 2000, c. 9, s. 273
  • 2018, c. 31, s. 184

Marginal note:Candidate present at counting

 A candidate or his or her representative may be present for the verification of the declarations referred to in paragraph 227(2)(c) and the counting of ballots received at the returning officer’s office.

  • 2000, c. 9, s. 274
  • 2018, c. 31, s. 184

Marginal note:Ballots to be kept sealed

  •  (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to an election officer referred to in section 273.

  • Marginal note:Return outer envelopes

    (2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.

  • 2000, c. 9, s. 275
  • 2018, c. 31, s. 185

Marginal note:Verification of declarations

  •  (1) The election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.

  • Marginal note:Notice

    (2) The returning officer shall notify the candidates of the time and place of the verification.

  • Marginal note:Provision of materials to election officer

    (3) One of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

  • 2000, c. 9, s. 276
  • 2018, c. 31, s. 186

Marginal note:Setting aside of inner envelope

  •  (1) An election officer referred to in section 273 shall set aside an elector’s inner envelope unopened if

    • (a) the information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)(c), does not correspond with the information on the application for registration and special ballot;

    • (b) the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;

    • (c) the elector has voted more than once; or

    • (d) the outer envelope was received after the prescribed deadline.

  • Marginal note:Registering objections

    (2) When the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

  • Marginal note:Noting of reasons for setting aside

    (3) When an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.

  • Marginal note:Envelopes and declarations kept together

    (4) When an elector’s 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.

  • 2000, c. 9, s. 277
  • 2018, c. 31, s. 187

Marginal note:Counting of inner envelopes

  •  (1) The election officers referred to in section 273 shall count all inner envelopes that have not been set aside.

  • Marginal note:Inner envelopes

    (2) They shall put all the inner envelopes that have not been set aside in a ballot box provided by the returning officer.

  • Marginal note:Counting the votes

    (3) After the close of the polling stations, one of the election officers shall open the ballot box and, together with another of the election officers, shall open the inner envelopes and count the votes.

  • 2000, c. 9, s. 278
  • 2018, c. 31, s. 188

Marginal note:Rejection of ballots

  •  (1) An election officer shall, in counting the ballots, reject a ballot if

    • (a) it has not been supplied for the election;

    • (b) it is not marked;

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

    • (d) it is marked for 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) An election officer shall not reject a special ballot 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:Political affiliation

    (3) An election officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the candidate’s political affiliation, if the ballot clearly indicates the elector’s intent.

  • 2000, c. 9, s. 279
  • 2001, c. 21, s. 15
  • 2018, c. 31, s. 189
 
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