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

Marginal note:Responsibilities of elector

240 For the purpose of this Division, an elector has the sole responsibility to ensure that

• (a) his or her application for registration and special ballot is made within the period specified; and

• (b) his or her special ballot is received within the period specified to be counted as a vote.

Marginal note:Elector to be given regular ballot

241 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:No marking

241.1 If, under section 241, an elector is given a ballot that is not a special ballot, no marking shall be placed on the back of the ballot in the space otherwise indicated in Form 3 of Schedule 1 for a polling division number.

Marginal note:Spoiled ballot

• 242 (1) If the ballot or 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 ballot or special ballot.

• Marginal note:Limit

  (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1).

Marginal note:Assistance

• 243 (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 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 declaration

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

Marginal note:Assistance by friend or related person

• 243.01 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment at the office of the returning officer and assist the elector to mark his or her ballot:

  • (a) a friend of the elector;

  • (b) the elector’s spouse or common-law partner; or

  • (c) a relative of the elector or of the elector’s spouse or common-law partner.

• Marginal note:Solemn declaration

  (2) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first make a solemn declaration in the prescribed form that he or she

  • (a) will mark the ballot paper in the manner directed by the elector;

  • (b) will not disclose the name of the candidate for whom the elector voted;

  • (c) will not try to influence the elector in choosing a candidate; and

  • (d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

Marginal note:Voting at home

• 243.1 (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 declaration

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

DIVISION 5Incarcerated Electors

Definition of elector

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

Marginal note:Non-application

244.1 This Division does not apply to an elector who is incarcerated in a place designated under subsection 205(1) of the National Defence Act.

Marginal note:Entitlement to vote

• 245 (1) Every elector is entitled to vote under this Division on the 12th 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

246 The federal and provincial ministers responsible for correctional institutions 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

• 247 (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.

• Marginal note:Obligations of ministers

  (2) On being informed of the issue of the writs, each minister referred to in subsection (1) shall

  • (a) inform their respective designated coordinating officer of their issue;

  • (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 their respective designated coordinating officer of the name and address of each liaison officer.

Marginal note:Liaison officers

• 248 (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, including by informing the Chief Electoral Officer of the identity of the electors who received a special ballot.

Marginal note:Duty of coordinating officer

249 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

• 250 (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

• 251 (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.