GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Elections Act — E-2.01 151
Manner of voting 151 (1) An elector shall, after receiving a ballot, (a) proceed directly to the voting compartment; (b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice; (c) fold the ballot as instructed by the election officer; and (d) return the ballot to the election officer who provided it. Return of ballot (2) The election officer shall, on receiving the ballot from the elector, (a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it; (b) remove and destroy the counterfoil in full view of the elector and all other persons present; and (c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box. 2000, c. 9, s. 151 2018, c. 31, s. 98
Canada Elections Act — E-2.01 152
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. Limit (2) An elector shall not be given more than one ballot under subsection (1). 2000, c. 9, s. 152 2018, c. 31, s. 99
Canada Elections Act — E-2.01 153
No delay in voting 153 (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box. Electors present at close of voting hours allowed to vote (2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.
Canada Elections Act — E-2.01 154
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. 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. 2000, c. 9, s. 154 2018, c. 31, s. 100
Canada Elections Act — E-2.01 155
Assistance by friend or related person 155 (1) If an elector requires assistance to vote, one of the following persons may accompany the elector into the voting compartment 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. (2) [Repealed, 2018, c. 31, s. 101] Solemn declaration (3) 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. (4) [Repealed, 2018, c. 31, s. 101] 2000, c. 9, s. 155, c. 12, s. 40 2018, c. 31, s. 101
Canada Elections Act — E-2.01 156
Use of interpreter 156 An election officer who is assigned to a polling station may appoint a language or sign language interpreter to assist election officers at the polling station in communicating to an elector any information that is necessary to enable him or her to vote. 2000, c. 9, s. 156 2018, c. 31, s. 102
Canada Elections Act — E-2.01 157
Elector who is confined to bed 157 (1) At a polling station that has been established in an institution for seniors or persons with a disability, when an election officer who is assigned to the polling station considers it necessary, the election officer shall (a) suspend temporarily the voting in the polling station; and (b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated. Procedure for taking the votes (2) When the vote of an elector who is confined to bed is taken, an election officer assigned to the polling station shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present. 2000, c. 9, s. 157 2018, c. 31, s. 103
Canada Elections Act — E-2.01 158
Transfer certificate for candidate 158 (1) A candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district. Transfer certificate for election officer (2) An election officer who is assigned to a polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the official list of electors for the polling station and who has been appointed to act as an election officer for another polling station in the same electoral district. Condition (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person exercises the power or performs the duty specified in the certificate at the place mentioned in the certificate. Transfer certificate for elector whose polling station has moved (4) If an elector’s polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that polling station. 2000, c. 9, s. 158; 2007, c. 21, s. 24 2018, c. 31, s. 104
Canada Elections Act — E-2.01 159
Transfer certificate for elector with disability 159 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her polling station may apply for a transfer certificate to vote at another polling station in the same electoral district. Application (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions. Issue of transfer certificate to elector with disability (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on a list of electors for the electoral district. 2000, c. 9, s. 159, c. 12, s. 40; 2007, c. 21, s. 25 2018, c. 31, s. 105
Canada Elections Act — E-2.01 160
Signing, numbering and recording transfer certificate 160 The election officer who issues a transfer certificate shall (a) fill in and sign the certificate and mention on it the date of its issue; (b) consecutively number the certificate in the order of its issue; (c) keep a record of the certificate in the order of its issue on the prescribed form; (d) not issue the certificate in blank; and (e) if possible, send a copy of the certificate to an election officer who is assigned to the polling station on whose list of electors appears the name of the person to whom the certificate has been issued. 2000, c. 9, s. 160 2018, c. 31, s. 106
Canada Elections Act — E-2.01 161.1
Requirement before making solemn declaration — elector 161.1 (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 contravenes subsection 161(5.1) or 549(3). 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). 2007, c. 21, s. 27; 2014, c. 12, s. 51 2018, c. 31, s. 108
Canada Elections Act — E-2.01 162
Duties 162 An election officer assigned to a polling station — and not necessarily the same election officer for all of the following — shall (a) make, on the prescribed form, the entries required under this Act; (b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted; (c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate; (d) [Repealed, 2018, c. 31, s. 110] (e) indicate, if applicable, on the prescribed form that the elector has voted under section 146; (f) indicate, if applicable, on the prescribed form that the elector has made a solemn declaration and the type of solemn declaration; (g) indicate, if applicable, on the prescribed form that the elector refused to comply with a legal requirement to provide the piece or pieces of identification referred to in paragraph 143(2)(a) or (b), respectively, or to make a solemn declaration; (h) indicate, if applicable, on the prescribed form that the elector has been allowed to vote under subsection 148.1(2); (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the solemn declaration referred to in subsection 549.1(1) has been made or that any other solemn declaration that was required to be made was made, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name; (i.1) prepare, at intervals of no less than 30 minutes, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who during that interval has exercised his or her right to vote on polling day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; (i.2) prepare, each day after the close of the advance polling station, using the prescribed form and as directed by the Chief Electoral Officer, a document permitting the identification of every elector who has exercised his or her right to vote on that day — excluding electors who registered on that day — and, on request, provide it to a candidate’s representative; and (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4). 2000, c. 9, s. 162; 2007, c. 21, s. 28; 2014, c. 12, s. 52 2018, c. 31, s. 110
Canada Elections Act — E-2.01 164
Procedure in case of contravention of secrecy 164 (1) It is the duty of the election officers who are present at the polling station to draw the attention of any elector to an offence that the elector commits in contravening any of paragraphs 281.6(3)(a) to (c) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so. Clarification (2) For greater certainty, if one election officer performs his or her duty under subsection (1) with regard to an elector, no other election officer need do so with regard to that elector. 2000, c. 9, s. 164 2018, c. 31, s. 111
Canada Elections Act — E-2.01 164.1
Engagement of auditor 164.1 For each general election and by-election, the Chief Electoral Officer shall engage an auditor that he or she considers to have technical or specialized knowledge — other than a member of his or her staff or an election officer — to perform an audit and report on whether election officers have properly exercised any of the powers conferred on them under this Act, or properly performed any of the duties imposed on them under this Act, that are specified by the Chief Electoral Officer. 2014, c. 12, s. 53 2018, c. 31, s. 112
Canada Elections Act — E-2.01 165
Prohibition — use of loudspeakers on polling day 165 No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate. 2000, c. 9, s. 165; 2001, c. 21, s. 13
Canada Elections Act — E-2.01 166
Prohibitions — emblems, etc., in polling station 166 (1) No person shall (a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate; and (b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party. (c) [Repealed, 2018, c. 31, s. 113] Exception (2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate. 2000, c. 9, s. 166; 2001, c. 21, s. 14 2018, c. 31, s. 113
Canada Elections Act — E-2.01 168
Establishment of advance polling districts 168 (1) Each returning officer shall, as directed by the Chief Electoral Officer, establish in his or her electoral district advance polling districts that consist of one or more polling divisions. Description of districts (2) The returning officer shall give the Chief Electoral Officer a description of each advance polling district that is established. Establishment of advance polling station (3) An advance polling station shall be established in each advance polling district. Combining advance polling districts (4) When a request is made to a returning officer not later than four days after the issue of the writ, the returning officer may, with the prior approval of the Chief Electoral Officer, combine two advance polling districts into one district. Request to move an advance polling station (5) When a request is made to a returning officer not later than four days after the issue of the writ to change the location of an advance polling station, the returning officer, with the prior approval of the Chief Electoral Officer, may do so. Accessibility (6) An advance polling station shall be in premises that are accessible to electors with a disability. Exception (7) If a returning officer is unable to secure suitable premises for an advance polling station that are accessible to electors with a disability, the returning officer may, with the prior approval of the Chief Electoral Officer, establish the advance polling station in premises that are not accessible to such electors. Advance polling station in more than one premises (8) If the returning officer is of the opinion that an advance polling district consists of or includes remote, isolated or low-density communities, the returning officer may, with the prior approval of the Chief Electoral Officer and in accordance with the Chief Electoral Officer’s instructions, establish the advance polling station for that district in premises in more than one such community, and have the election officers who are assigned to the advance polling station — along with the ballot box, ballots and other necessary election documents — be at given ones of those premises on different days of advance polling to take electors’ votes. For greater certainty, subsections (5) to (7) apply to the advance polling station. 2000, c. 9, s. 168; 2007, c. 21, s. 29 2018, c. 31, s. 115
Canada Elections Act — E-2.01 168.1
Transfer certificate for candidate 168.1 (1) A candidate whose name appears on the revised list of electors for an advance polling station is entitled on request to receive a transfer certificate to vote at another advance polling station in the same electoral district. Transfer certificate for election officer (2) An election officer who is assigned to an advance polling station shall issue a transfer certificate to any person — other than himself or herself — whose name appears on the revised list of electors for the advance polling station and who has been appointed to act as an election officer for another advance polling station. Condition (3) A transfer certificate issued under subsection (2) authorizes the person to vote at the advance polling station named in it only if, on one of the days of advance polling, the person performs the duty specified in the certificate at the place mentioned in the certificate. Transfer certificate for elector whose advance polling station has moved (4) If an elector’s advance polling station moves to another location after the notice of confirmation of registration has been sent, an elector who attends at the advance polling station set out in the notice is entitled on request to receive a transfer certificate to vote at that advance polling station. 2018, c. 31, s. 116
Canada Elections Act — E-2.01 168.2
Transfer certificate for elector with disability 168.2 (1) An elector who has a disability and is therefore unable to vote without difficulty in his or her advance polling station may apply for a transfer certificate to vote at another advance polling station in the same electoral district. Application requirements (2) The application shall be made in accordance with the Chief Electoral Officer’s instructions. Issue of transfer certificate to elector with disability (3) An election officer shall issue a transfer certificate in the prescribed form, and provide the certificate to the person who submitted the application to the officer, if the officer is satisfied that the elector’s name appears on the revised list of electors for the electoral district. 2018, c. 31, s. 116
Canada Elections Act — E-2.01 168.3
Signing, numbering and recording transfer certificate 168.3 The election officer who issues a transfer certificate shall (a) fill in and sign the certificate and mention on it the date of its issue; (b) consecutively number the certificate in the order of its issue; (c) keep a record of the certificate in the order of its issue on the prescribed form; (d) not issue the certificate in blank; and (e) if possible, send a copy of the certificate to an election officer who is assigned to the advance polling station on whose list of electors appears the name of the person to whom the certificate has been issued. 2018, c. 31, s. 116
Canada Elections Act — E-2.01 169.1
Requirement before making solemn declaration — elector 169.1 (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 contravenes subsection 169(4.1) or 549(3). 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). 2007, c. 21, s. 31; 2014, c. 12, s. 55 2018, c. 31, s. 118
Canada Elections Act — E-2.01 170
List deemed to be modified 170 When a registration certificate is completed and signed in accordance with subsection 169(3), the list of electors is deemed to have been modified in accordance with the certificate.
Canada Elections Act — E-2.01 171
Conduct of advance polls 171 (1) Except as provided in this Part, an advance poll shall be conducted in the same manner as the manner in which the vote at a polling station on polling day is conducted and shall be regarded as such for all purposes of this Act. When advance polling stations to be open (2) An advance polling station shall be open from 9:00 a.m. to 9:00 p.m. on Friday, Saturday, Sunday and Monday, the 10th, 9th, 8th and 7th days, respectively, before polling day, and shall not be open at any other time. 2000, c. 9, s. 171; 2014, c. 12, s. 56 2018, c. 31, s. 119
Canada Elections Act — E-2.01 172
Notice of advance poll 172 (1) Each returning officer shall, not later than Saturday, the 16th day before polling day, (a) give a notice, in the prescribed form, in the electoral district of the advance poll, that sets out the following information: (i) the numbers of the polling divisions in every advance polling district established by the returning officer, (ii) the location of each advance polling station, (iii) the place where, for each advance polling station, an election officer who is assigned to the advance polling station shall count the number of votes cast at the advance polling station, and (iv) that the counting of the votes cast shall begin on polling day as soon after the close of the polling stations as possible or, with the Chief Electoral Officer’s prior approval, one hour before the close of the polling stations; (b) send two copies of the notice to each candidate and to the Chief Electoral Officer; and (c) make available to each candidate in the electoral district a map of the electoral district indicating the boundaries of each advance polling district and the location of each advance polling station. Maps made available to registered parties (2) The Chief Electoral Officer shall, not later than Saturday, the 16th day before polling day, make available to each registered party maps of each electoral district — in electronic form or in formats that include electronic form — indicating the boundaries of each advance polling district within the electoral district and the location of each advance polling station. 2000, c. 9, s. 172 2018, c. 31, s. 120
Canada Elections Act — E-2.01 173
Who may vote at advance polls 173 (1) An elector whose name is on the revised list of electors for a polling division in an advance polling district may vote at the advance polling station established for the advance polling district. Elector not on the revised list (2) An elector whose name is not on the revised list of electors may not vote at an advance polling station unless the elector has obtained a transfer certificate under section 168.1 or 168.2 or a registration certificate under subsection 169(3). Procedure by election officer (3) If an elector whose name does not appear on the revised list of electors has voted, an election officer who is assigned to the advance polling station shall indicate on the prescribed form that the elector has voted in accordance with subsection (2). 2000, c. 9, s. 173; 2007, c. 21, s. 32 2018, c. 31, s. 121