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

Full Document:  

Act current to 2019-06-20 and last amended on 2019-06-13. Previous Versions

PART 12Counting Votes (continued)

Polling Stations (continued)

Marginal note:Rejection of ballots

  •  (1) In examining the ballots, the election officer who counts the votes shall reject one

    • (a) that has not been supplied by him or her;

    • (b) that has not been marked in a circle at the right of the candidates’ names;

    • (c) that is void by virtue of section 76;

    • (d) that has been marked in more than one circle at the right of the candidates’ names; or

    • (e) on which there is any writing or mark by which the elector could be identified.

  • Marginal note:Limitation

    (2) No ballot shall be rejected by reason only that an election officer placed on it any writing, number or mark, or failed to remove the counterfoil or to write the elector’s polling division number on the back of the ballot.

  • Marginal note:Counterfoils remaining attached

    (3) If a ballot is found with the counterfoil attached, the election officer who counts the votes shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

  • 2000, c. 9, s. 284
  • 2018, c. 31, s. 192

Marginal note:Ballots not initialled by election officer

 If the election officer who counts the votes determines that a ballot has not been initialed by an election officer, he or she shall, in the presence of the election officer referred to in paragraph 283(1)(a) and witnesses, initial and count the ballot if satisfied that all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

  • 2000, c. 9, s. 285
  • 2018, c. 31, s. 193

Marginal note:Objections to ballots

  •  (1) One of the election officers referred to in subsection 283(1) shall make a record, in the prescribed form, of every objection to a ballot made by a candidate or candidate’s representative, give a number to the objection, write that number on the ballot and initial it.

  • Marginal note:Decision of election officer

    (2) Every question that is raised by the objection shall be decided by the election officer who counts the votes, and the decision is subject to reversal only on a recount or on application under subsection 524(1).

  • 2000, c. 9, s. 286
  • 2018, c. 31, s. 193

Marginal note:Statement of vote

  •  (1) The election officer who counts the votes shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and shall place the original statement and a copy of it in the separate envelopes supplied for the purpose.

  • Marginal note:Copies of statement of vote

    (2) The election officer shall give a copy of the statement of the vote to each of the candidates’ representatives present at the count.

  • 2000, c. 9, s. 287
  • 2018, c. 31, s. 194

Marginal note:Marked ballots

  •  (1) One of the election officers referred to in subsection 283(1) shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The election officers shall sign the seal on each envelope, and the witnesses may also sign them.

  • Marginal note:Rejected ballots

    (2) One of the election officers shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

  • Marginal note:Documents enclosed in large envelope

    (3) One of the election officers shall seal in a large envelope supplied for the purpose

    • (a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

    • (b) any other election documents, except for the envelopes that contain the statements of the vote and the registration certificates.

  • Marginal note:Documents to be placed in the ballot box

    (4) The large envelope described in subsection (3) and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box.

  • Marginal note:Sealing ballot box

    (5) The ballot box shall be sealed with the seals provided by the Chief Electoral Officer.

  • 2000, c. 9, s. 288
  • 2018, c. 31, s. 195

Marginal note:Solemn declarations

 One of the election officers referred to in subsection 283(1) shall place the form for each solemn declaration made under subsection 143(3) or paragraph 161(1)(b) or 169(2)(b) in an envelope supplied for the purpose.

  • 2014, c. 12, s. 62
  • 2018, c. 31, s. 196

Marginal note:Periodic statements of electors who voted

 One of the election officers referred to in subsection 283(1) shall place a copy of each document prepared for the purpose of paragraph 162(i.1) in an envelope supplied for the purpose.

  • 2014, c. 12, s. 62
  • 2018, c. 31, s. 196

Advance Polls

Marginal note:Counting of votes on polling day

  •  (1) At least two election officers who are assigned to an advance polling station and who are specified in accordance with the Chief Electoral Officer’s instructions shall, at the close of the polling stations on polling day, attend at the place mentioned in the notice of advance poll in subparagraph 172(a)(iii) to count the votes.

  • Marginal note:Application of rules for counting votes

    (2) Subsections 283(1) and (2), paragraphs 283(3)(e) and (f) and sections 284 to 288 apply with any necessary modifications to the counting of the votes of an advance poll except that

    • (a) for the application of paragraph 283(3)(e), the two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions shall open the ballot boxes and empty their contents onto a table; and

    • (b) for the application of subsection 288(4), the large envelope and the envelope that contains the copy of the statement of the vote shall be placed in the ballot box used on the last day of advance polling.

  • Marginal note:Prohibition

    (3) Subject to subsection (4), no person shall make a count of the votes cast at an advance poll before the close of voting hours on polling day.

  • Marginal note:Exception

    (4) The two or more election officers who are specified in accordance with the Chief Electoral Officer’s instructions may begin counting the votes cast at an advance poll one hour before the close of voting hours on polling day if

    • (a) the returning officer who is responsible for the advance polling station has obtained the Chief Electoral Officer’s prior approval for the counting to begin;

    • (b) the counting is done in accordance with the Chief Electoral Officer’s instructions;

    • (c) the counting is done in a manner that ensures the integrity of the vote; and

    • (d) the counting is done in the presence of any candidates or their representatives who are present or, if no candidates or representatives are present, at least two electors.

  • 2000, c. 9, s. 289
  • 2014, c. 12, s. 63
  • 2018, c. 31, s. 197

Delivery of Ballot Boxes to Returning Officer

Marginal note:Sending ballot boxes and envelopes to returning officer

 An election officer who is assigned to a polling station or an advance polling station shall, without delay after sealing the ballot box, send to the returning officer the box, with the envelope that contains the original statement of the vote, the envelope that contains the registration certificates, the envelope referred to in section 288.01 and, in the case of an election officer who is assigned to a polling station, the envelope referred to in section 288.1.

  • 2000, c. 9, s. 290
  • 2014, c. 12, s. 64
  • 2018, c. 31, s. 198

Marginal note:Provision of documents

 A returning officer shall — on the request of the candidate, his or her representative or a representative of the candidate’s party — provide him or her, after polling day, with

  • (a) one copy of each statement of the vote in respect of the candidate’s electoral district; and

  • (b) one copy of the documents prepared under paragraph 162(i.1).

  • 2000, c. 9, s. 291
  • 2014, c. 12, s. 65
 
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