Elections Modernization Act (S.C. 2018, c. 31)

Marginal note:Requirement before making solemn declaration — elector

• 143.1 (1) If a person decides to prove his or her identity and residence by making the solemn declaration referred to in subsection 549.1(1) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the qualifications for electors and the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote at an election knowing that he or she is not qualified as an elector or who contravenes subsection 549(3).

• Marginal note:Requirement before making solemn declaration — vouching for elector

  (2) If a person decides to vouch for an elector by making the solemn declaration referred to in subsection 549.1(2) in writing, an election officer shall, before the person makes the solemn declaration, advise him or her in writing of the penalty that may be imposed under this Act on a person who contravenes any of subsections 282.1(1) to (3) or 549(3).

Marginal note:Proof of qualification as elector

144 If the election officer referred to in subsection 143(1), a candidate or a candidate’s representative has reasonable doubts concerning whether a person intending to vote is qualified as an elector, the officer, candidate or representative may request that the person make the solemn declaration referred to in subsection 549.1(1) in writing, in which case the person shall not be allowed to vote unless he or she makes that solemn declaration.

Marginal note:Name and address corresponding closely to another

146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

Marginal note:Person in whose name another has voted

• 147 (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.1(1) in writing.

• Marginal note:Requirement before making solemn declaration

  (2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.7(1)(a).

Marginal note:Name crossed off list in error

148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.1(1) in writing.

Marginal note:Failure to prove identity or residence

• 148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

• Marginal note:When elector refuses to make solemn declaration

  (2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

• (a) the elector gives the election officer referred to in subsection 143(1) a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfils the conditions described in subsection 158(3); or

• (b) the elector gives the election officer a registration certificate described in subsection 161(4).

Marginal note:Delivery of ballot to elector

• 150 (1) Every elector who is admitted to vote shall be given a ballot by the election officer referred to in subsection 143(1), after that election officer has placed on the back of the ballot, in the space indicated in Form 3 of Schedule 1, the number of the elector’s polling division.

• Marginal note:Instructions to elector on receiving ballot

  (2) The election officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the election officer who initialed the ballot are visible and shall direct the elector to return the marked and folded ballot.

Marginal note:Spoiled ballot

• 152 (1) If the ballot is incapable of being used, the elector shall return it to the election officer referred to in subsection 143(1), who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

Marginal note:Assistance by election officer

• 154 (1) On request by an elector who is unable to read or because of a disability is unable to vote in the manner described by this Act, an election officer who is assigned to the polling station shall assist the elector in the presence of another election officer who is assigned to the polling station.

• Marginal note:Template

  (2) An election officer who is assigned to the polling station shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.