First Nations Elections Regulations — 21
Ballot 21 (1) Subject to subsection (3), the electoral officer or deputy electoral officer must provide a ballot on which their initials have been placed to any person who has not voted at an advance poll, who attends at a polling station and whose name is set out in the voters list. Marked voters list (2) The electoral officer or deputy electoral officer must place a mark on the voters list next to the name of each elector who was given a ballot. Mail-in ballot (3) An elector who received a mail-in ballot package under section 16 may obtain a ballot and vote in person at a polling station if the elector (a) returns the unused mail-in ballot to the electoral officer or deputy electoral officer; or (b) provides the electoral officer or deputy electoral officer with a sworn affidavit stating that they have lost their mail-in ballot. Procedure (4) After receiving a ballot, an elector must (a) immediately proceed to the compartment provided for marking ballots; (b) mark the ballot with a cross, check mark or other mark that clearly indicates the elector’s choice, but does not identify the elector, next to the name of the candidates for whom they intend to vote; (c) fold the ballot in a manner that conceals the candidates’ names and any marks on the ballot without hiding the initials on the back; and (d) give the ballot to the electoral officer or deputy electoral officer. Ballot box (5) The electoral officer or deputy electoral officer must, without unfolding the ballot, verify the initials placed on it and return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box. Privacy (6) Subject to subsection (7), while an elector is in the compartment provided for marking ballots, no other person is allowed to be in the compartment or be in a position to see the manner in which the elector marks their ballot. Assistance (7) At the request of any elector who is unable to vote in the manner set out in subsection (4), the electoral officer or deputy electoral deputy must, in the presence of a witness that the elector has selected, assist that elector by marking their ballot in the manner directed by the elector and return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box. Note on voters list (8) The electoral officer or deputy electoral officer must make a note on the voters list next to the elector’s name to indicate that the ballot was marked by the electoral officer or deputy electoral officer at the elector’s request. Spoiled ballot (9) An elector who has inadvertently made their ballot unusable may return it to the electoral officer or deputy electoral officer and is, on one occasion, entitled to obtain another ballot, and the electoral officer or deputy electoral officer must write the word “cancelled” on the spoiled ballot and preserve it. Forfeiture (10) Any person who has received a ballot and who declines to vote or who leaves the polling station without voting forfeits their right to vote at the election. Voters list (11) In the case of a person who forfeits their right to vote, the electoral officer or deputy electoral officer must make a note on the voters list next to that person’s name to indicate that the person received a ballot and declined to vote and, if possible, write the word “declined” on the back of the ballot and preserve it. Entitlement to vote before closure (12) Every elector who is inside the polling station at the time fixed for closing the poll is entitled to vote before the poll is to be closed.