44.1 (1) At an election, accessible voting equipment and related vote counting equipment shall be made available in accordance with this section and in accordance with the Chief Electoral Officer’s direction under subsection (2).  2010, c. 7, s. 24 (1). Direction and notice (2) Not later than 21 days before polling day, the Chief Electoral Officer shall, (a)  make a direction describing the accessible voting equipment and related vote counting equipment in detail and referring to the provisions of this Act that will not be complied with; (b)  provide copies of the direction to the leader of each registered party and to every candidate who has been nominated; and (c)  publish the direction on a website on the Internet.  2010, c. 7, s. 24 (1). Returning offices (3) The accessible voting equipment and related vote counting equipment shall be made available in returning offices during the period that begins on the first day of advance polls and ends on the day before polling day, as follows: 1.  The equipment shall be made available during advance polls that are held in returning offices. 2.  After the last day of advance polls, the equipment shall continue to be made available from the fifth day before polling day until the last day before polling day, for electors voting in person by special ballot at returning offices in their own electoral districts.  2010, c. 7, s. 24. General election (4) At a general election, the accessible voting equipment and related vote counting equipment shall be made available in every electoral district.  2010, c. 7, s. 24 (1). Condition (5) Despite subsection (1), accessible voting equipment and related vote counting equipment shall not be made available unless an entity that the Chief Electoral Officer considers to be an established independent authority on the subject of voting equipment and vote counting equipment has certified that the equipment meets acceptable security and integrity standards.  2010, c. 7, s. 24 (1). Rules (6) The use of accessible voting equipment and related vote counting equipment under subsection (1) is subject to the following rules: 1.  The equipment must allow the elector to vote privately and independently. 2.  The equipment must not be part of or connected to an electronic network. 3.  The equipment must be tested, i.  before the first elector uses the equipment to vote, and ii.  after the last elector uses the equipment to vote. 4.  For the purpose of paragraph 3, testing includes, without limitation, logic and accuracy testing. 5.  Voting by means of the equipment must not begin before the test conducted under subparagraph 3 i has been successfully completed, even if advance polls have already begun. 6.  The information made available to the elector through the equipment before voting must comply with subsections 34 (2) and (3), with necessary modifications. 7.  The equipment must create a paper ballot that records the vote cast, is retained in the same way as ordinary ballots and shows the name of the electoral district, the date of polling and the name of the printer. 8.  The equipment must allow the elector to verify his or her vote, without the assistance of another person, before the paper ballot is printed. 9.  The equipment or the process used must allow the elector to verify his or her vote after the paper ballot is printed but before casting his or her vote. 10.  The equipment must not be used in a way that enables the choice of an elector to be made known to an election official or scrutineer.  2010, c. 7, s. 24 (1); 2016, c. 33, s. 23. Counting (7) Votes that are cast at a returning office by means of accessible voting equipment shall be counted by the related vote counting equipment, subject to subsection (8).  2010, c. 7, s. 24 (1). Inconsistent tests (8) If the tests conducted under subparagraphs 3 i and ii of subsection (6) are inconsistent, the returning officer shall immediately advise the Chief Electoral Officer, who may direct the returning officer to have the count conducted manually.  2010, c. 7, s. 24 (1). Report (9) The Chief Electoral Officer shall include a report on the use of accessible voting equipment and related vote counting equipment at an election, (a)  in any report that the Chief Electoral Officer makes with respect to that election; or (b)  in the next annual report made under section 114.3.  2010, c. 7, s. 24 (1). Definition (10) In this section, “accessible voting equipment” means voting equipment that is accessible to persons with disabilities.  2010, c. 7, s. 24 (1). Section Amendments with date in force (d/m/y) 2010, c. 7, s. 24 (1)
- 18/05/2010; 2010, c. 7, s. 24 (2)
- 01/07/2011 2016, c. 33, s. 23
- 01/01/2017