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

• 174 (1) Subsection 253(1) of the Act is replaced by the following:

  Marginal note:Polling stations and election officers

  • 253 (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.

• (2) Paragraph 253(2)(a) of the Act is replaced by the following:

  • (a) provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and

175 The portion of section 254 of the Act before paragraph (a) is replaced by the following:

176 Section 256 of the Act is replaced by the following:

• 177 (1) Subsection 257(1) of the Act is replaced by the following:

  Marginal note:Declaration of elector

  • 257 (1) Before delivering a special ballot to an elector, an election officer who is assigned to a polling station at 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 sign the declaration on the outer envelope.

• (2) The portion of subsection 257(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Giving special ballot to elector

    (2) After the elector has signed the declaration on the outer envelope, the election officer shall

• 178 (1) The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Voting by special ballot

  • 258 (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,

• (2) Subsection 258(3) of the Act is replaced by the following:

  • Marginal note:Spoiled special ballot

    (3) If the 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 special ballot.

• 179 (1) The portion of subsection 259(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Assistance

  • 259 (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

• (2) Paragraph 259(1)(b) of the Act is replaced by the following:

  • (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.

• (3) Subsection 259(2) of the Act is replaced by the following:

  • Marginal note:Note on outer envelope

    (2) The election officers shall sign a note on the outer envelope indicating that the elector was assisted.

180 The portion of section 260 of the Act before paragraph (a) is replaced by the following:

181 Section 261 of the Act is replaced by the following:

• 182 (1) The portion of subsection 267(1) of the Act before paragraph (c) is replaced by the following:

  Marginal note:Setting aside of inner envelope

  • 267 (1) The special ballot officers shall set aside an inner envelope unopened if

    • (a) the information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;

    • (b) a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;

• (2) Paragraph 267(1)(c) of the English version of the Act is replaced by the following:

  • (c) the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;

• (3) Paragraph 267(1)(d) of the Act is replaced by the following:

  • (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

• (4) Subsection 267(2) of the Act is replaced by the following:

  • Marginal note:Procedure when elector votes more than once

    (2) If, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.

• (5) The portion of subsection 267(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Disposition of inner envelopes that are set aside

    (3) When an inner envelope is set aside unopened as described in subsection (1) or (2),

    • (a) it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;

• (6) Paragraph 267(3)(c) of the Act is replaced by the following:

  • (c) in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

• (7) Subsection 267(4) of the Act is replaced by the following:

  • Marginal note:Envelopes and declarations kept together

    (3.1) When an 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.

  • Marginal note:Dispute

    (3.2) If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.

  • Marginal note:Special report

    (4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.