GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 237
Provision of ballot 237 (1) Subject to subsection (2) and section 237.1, on acceptance of an elector’s application for registration and special ballot, the elector shall be provided with a special ballot. Provision of ballot and envelopes (2) If section 241 applies, then, on acceptance of an elector’s application for registration and special ballot, the elector shall be given a ballot, an inner envelope and an outer envelope. 2000, c. 9, s. 237; 2014, c. 12, s. 60 2018, c. 31, s. 160
Canada Elections Act — E-2.01 237.1
Proof of identity and residence 237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143. Presence of candidate or representative (2) A candidate or their representative may be present at the office when the elector (a) receives the ballot; (b) places the folded ballot in the inner envelope and seals it; and (c) places the inner envelope in the outer envelope and seals it. Examination of identification documents (3) The candidate or representative may examine but not handle any piece of identification provided by the elector. (3.1) [Repealed, 2018, c. 31, s. 161] (3.2) [Repealed, 2018, c. 31, s. 161] Application of provisions (4) For the purposes of this section, the following provisions apply with any necessary modifications in respect of the location in the returning officer’s office where the elector receives his or her ballot or special ballot as though that location were a polling station: (a) sections 135 to 137; (b) sections 143 to 144; (c) subsection 164(1); (d) section 166; (d.1) subsections 281.6(1) to (4); (d.2) section 282.2; and (e) paragraph 489(3)(c). 2014, c. 12, s. 60 2018, c. 31, s. 161
Canada Elections Act — E-2.01 238
Voting by special ballot 238 An elector who has been provided with a special ballot may vote only by following the procedure set out in subsections 227(2) and (3). 2000, c. 9, s. 238 2018, c. 31, s. 162
Canada Elections Act — E-2.01 239
Receipt of special ballot — application made outside electoral district 239 (1) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the special voting rules administrator or by a returning officer outside the elector’s electoral district shall ensure that the special ballot is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. The special ballot shall be transmitted by (a) sending the sealed outer envelope to the special voting rules administrator by mail or any other means; or (b) delivering it to a Canadian Embassy, High Commission or Consular Office, to a Canadian Forces base outside Canada or to any other place that the Chief Electoral Officer designates. Receipt of special ballot — application made in electoral district (2) In order to have their special ballot counted, an elector whose application for registration and special ballot was accepted by the returning officer in the elector’s electoral district shall ensure that the ballot is received at the office of that returning officer before the close of the polling stations on polling day. Vote counted (3) Despite subsection (2), a special ballot referred to in that subsection that is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day shall be counted. 2000, c. 9, s. 239 2018, c. 31, s. 162
Canada Elections Act — E-2.01 240
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.
Canada Elections Act — E-2.01 241
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.
Canada Elections Act — E-2.01 241.1
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. 2018, c. 31, s. 162.1
Canada Elections Act — E-2.01 242
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. Limit (2) An elector shall not be given more than one ballot or special ballot, as the case may be, under subsection (1). 2000, c. 9, s. 242 2018, c. 31, s. 163
Canada Elections Act — E-2.01 243
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. 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. 2000, c. 9, s. 243 2018, c. 31, s. 164
Canada Elections Act — E-2.01 243.01
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. 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. 2018, c. 31, s. 165
Canada Elections Act — E-2.01 243.1
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. 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. 2000, c. 9, s. 243.1 2018, c. 31, s. 166
Canada Elections Act — E-2.01 244
Definition of elector 244 For the purpose of this Division, elector means an incarcerated elector.
Canada Elections Act — E-2.01 244.1
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 . 2018, c. 31, s. 167
Canada Elections Act — E-2.01 245
Entitlement to vote 245 (1) Every elector is entitled to vote under this Division on the 12th day before polling day. 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. 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. 2000, c. 9, s. 245 2018, c. 31, s. 168
Canada Elections Act — E-2.01 246
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. 2000, c. 9, s. 246 2018, c. 31, s. 169
Canada Elections Act — E-2.01 247
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. 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. 2000, c. 9, s. 247 2018, c. 31, s. 170
Canada Elections Act — E-2.01 248
Liaison officers 248 (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(b) in the prescribed form. 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. 2000, c. 9, s. 248 2018, c. 31, s. 171
Canada Elections Act — E-2.01 249
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.
Canada Elections Act — E-2.01 250
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. 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. 2000, c. 9, s. 250 2018, c. 31, s. 172
Canada Elections Act — E-2.01 251
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). 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. 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. 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). 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. 2000, c. 9, s. 251, c. 12, s. 40 2018, c. 31, s. 173
Canada Elections Act — E-2.01 252
List of incarcerated electors 252 Applications for registration and special ballot are deemed to be the list of electors who vote under this Division.
Canada Elections Act — E-2.01 253
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. Provision of election materials (2) A liaison officer shall, on receiving the election materials and list of candidates, (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 (b) post the list of candidates in one or more conspicuous places in the correctional institution. 2000, c. 9, s. 253 2018, c. 31, s. 174
Canada Elections Act — E-2.01 254
Duties of election officer 254 On the day on which the electors cast their ballots, at each polling station an election officer who is assigned to the polling station shall (a) post two or more copies of the voting instructions, in the prescribed form, in conspicuous places; and (b) keep readily available for consultation by electors a copy of this Part, a set of street indexes, a guide to electoral districts and a list of candidates. 2000, c. 9, s. 254 2018, c. 31, s. 175
Canada Elections Act — E-2.01 255
Mobile polling stations 255 (1) A liaison officer shall, when required, establish a mobile polling station within a correctional institution to take the votes of the electors who are confined to their cells or in an infirmary. Common mobile polling stations (2) A returning officer may, in cooperation with liaison officers, create a mobile polling station for correctional institutions of fewer than 50 electors that are within the returning officer’s electoral district and that are within reasonable travelling distance of each other.
Canada Elections Act — E-2.01 256
Representative of registered party 256 With the prior authorization of correctional authorities, a Canadian citizen may represent a registered party during the taking of the votes at a correctional institution if he or she provides an election officer who is assigned to a polling station at the correctional institution with an authorization in the prescribed form signed by a candidate for that party, or a copy of one. 2000, c. 9, s. 256 2018, c. 31, s. 176
Canada Elections Act — E-2.01 257
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. Giving special ballot to elector (2) After the elector has signed the declaration on the outer envelope, the election officer shall (a) sign the outer envelope; and (b) give the elector a special ballot, an inner envelope and the outer envelope. 2000, c. 9, s. 257 2018, c. 31, s. 177
Canada Elections Act — E-2.01 258
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, (a) placing the ballot in the inner envelope and sealing the envelope; and (b) placing the inner envelope in the outer envelope and sealing the outer envelope. Writing candidate’s name (2) The candidate shall be indicated on a special ballot by writing the candidate’s given name or initials and surname. If two or more candidates have the same name, their political affiliations shall be indicated. 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. Limit (4) An elector shall not be given more than one special ballot under subsection (3). 2000, c. 9, s. 258 2018, c. 31, s. 178
Canada Elections Act — E-2.01 259
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 (a) completing the declaration on the outer envelope and writing the elector’s name where his or her signature is to be written; and (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. Note on outer envelope (2) The election officers shall sign a note on the outer envelope indicating that the elector was assisted. 2000, c. 9, s. 259 2018, c. 31, s. 179
Canada Elections Act — E-2.01 260
Delivery of documents after the vote 260 Without delay after the votes have been cast at a correctional institution, an election officer who is assigned to the polling station shall deliver to the liaison officer for the institution (a) the outer envelopes that contain the marked special ballots; (b) any unused or spoiled outer envelopes; (c) any unused or spoiled special ballots and unused inner envelopes; and (d) the applications for registration and special ballot. 2000, c. 9, s. 260 2018, c. 31, s. 180
Canada Elections Act — E-2.01 261
Deadline for return of election material 261 Every liaison officer shall ensure that the election material referred to in section 260 is received by the special voting rules administrator in the National Capital Region no later than 6:00 p.m. on polling day. 2000, c. 9, s. 261 2018, c. 31, s. 181
Canada Elections Act — E-2.01 262
Integration into final list of electors 262 The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109.
Canada Elections Act — E-2.01 263
Application 263 This Division applies to the counting of all special ballots cast in accordance with this Part, except those referred to in Division 7.
Canada Elections Act — E-2.01 264
Administration 264 (1) The counting of the special ballots shall be conducted by special ballot officers under the supervision of the special voting rules administrator. Special ballot officers (2) Special ballot officers shall work in pairs of persons representing different registered parties.
Canada Elections Act — E-2.01 265
Directives 265 The Chief Electoral Officer shall prescribe security instructions for the safekeeping of special ballots, inner envelopes, outer envelopes and all other election documents, and instructions for the receiving, sorting and counting of special ballots.
Canada Elections Act — E-2.01 266
Counting of votes 266 The counting of votes shall commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the 5th day before polling day.
Canada Elections Act — E-2.01 267
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; (c) the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained; (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 (e) the outer envelope relates to an electoral district for which the election was postponed in accordance with section 77. 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. 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; (b) at least two special ballot officers shall initial the endorsement; and (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. 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. 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. 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. 2000, c. 9, s. 267 2018, c. 31, s. 182
Canada Elections Act — E-2.01 268
Duties of special ballot officers 268 Each pair of special ballot officers shall count the votes for only one electoral district or part of an electoral district at a time.
Canada Elections Act — E-2.01 269
Rejection of ballots 269 (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. 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. 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. 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.