(g) indicate, if applicable, on the prescribed form that the elector refused a legal requirement to show proof of identity or to take an oath or refused to answer a question regarding his or her entitlement to vote at a particular polling station;

    (h) indicate, if applicable, on the prescribed form that the elector has been readmitted to the polling station and allowed to vote under subsection 145(2);

    (i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the oath of identity has been taken or that any other oath was required to be taken and was taken, note any objection that was made on behalf of any of the candidates and indicate the candidate's name; and

    (j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

Secrecy

Secret vote

163. The vote is secret.

Secrecy during and after poll

164. (1) Every candidate, election officer or representative of a candidate present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

Secrecy at the poll

(2) Except as provided by this Act, no elector shall

    (a) on entering the polling station and before receiving a ballot, openly declare for whom the elector intends to vote;

    (b) show his or her ballot, when marked, so as to allow the name of the candidate for whom the elector has voted to be known; or

    (c) before leaving the polling station, openly declare for whom the elector has voted.

Procedure in case of contravention of secrecy

(3) It is the duty of each deputy returning officer to draw the attention of any elector to an offence that the elector commits in contravening subsection (2) 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.

Prohibitions

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 registered party or the election of a candidate.

Prohibition - 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 registered party or the election of a candidate;

    (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 registered party, or the political or other opinions entertained, or supposed to be entertained, by the candidate or registered party; and

    (c) in a polling station or in any place where voting at an election is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular candidate.

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 political affiliation of the candidate.

Prohibitions re ballots, etc.

167. (1) No person shall

    (a) apply for a ballot in a name that is not his or her own;

    (b) use a forged ballot;

    (c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or

    (d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.

Other prohibitions

(2) No person shall wilfully

    (a) alter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot;

    (b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;

    (c) take a ballot out of the polling station; or

    (d) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots.

Prohibitions - deputy returning officers

(3) No deputy returning officer shall

    (a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

    (b) place on any ballot any writing, number or mark, with intent that the elector to whom the ballot is to be, or has been, given may be identified.

PART 10

ADVANCE POLLING

Establishment of Advance Polling Stations

Establish-
ment 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 group 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.

Establish-
ment 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 permission 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.

Level access

(6) An advance polling station shall be in premises with level access.

Exception

(7) If a returning officer is unable to secure suitable premises with level access for use as an advance polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the advance polling station in premises without level access.

Registration

Registration at advance polling station

169. (1) Every elector whose name is not on the revised list of electors may register in person before the deputy returning officer in the advance polling station where the elector is entitled to vote.

Conditions

(2) An elector referred to in subsection (1) shall not be registered unless he or she provides satisfactory proof of identity and residence.

Registration certificate

(3) If the elector satisfies the requirements of subsection (2), the deputy returning officer shall complete a registration certificate in the prescribed form and the elector shall sign it.

Entry

(4) The poll clerk shall indicate on the prescribed form the names of the electors who are permitted to vote under this section.

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.

Voting Procedure

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 polls to be open

(2) An advance poll shall only be open between the hours of noon and 8:00 p.m. on Friday, Saturday and Monday, the 10th, 9th and 7th days, respectively, before polling day.

Notice of advance poll

172. 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 the deputy returning officer of each 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 take place on polling day as soon after the close of the polling stations as possible; and

    (b) send two copies of the notice to each candidate and to the Chief Electoral Officer.

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

    (a) the deputy returning officer has ascertained with the returning officer that the elector is on the preliminary list of electors or was registered during the revision period referred to in section 96, and the elector has provided the deputy returning officer with satisfactory proof of identity; or

    (b) the elector has obtained a registration certificate in accordance with subsection 169(3).

Procedure by poll clerk

(3) If an elector whose name does not appear on the revised list of electors has voted, the poll clerk shall indicate on the prescribed form that the elector has voted in accordance with subsection (2).

Duties of deputy returning officer

174. (1) If an elector whose name is on the list of electors makes a request to vote at an advance polling station that is established for his or her polling division, the deputy returning officer shall permit the elector to vote unless

    (a) the deputy returning officer, the poll clerk, a candidate or a representative of a candidate at the advance polling station asks that the person take the oath referred to in subsection 144(2) and the person refuses to do so; or

    (b) the person refuses to sign the record of votes cast at an advance polling station referred to in subsection (2), as directed by the poll clerk under that subsection.

Record of votes cast

(2) The poll clerk at the advance polling station shall, under the direction of the deputy returning officer, keep a record in duplicate, in the prescribed form, of the names of all persons who vote at the advance polling station, in the order in which they vote, and shall

    (a) mark on the record the notations that the poll clerk is required by this Act to make opposite an elector's name at a polling station on polling day; and

    (b) direct the elector to sign the record opposite his or her name.

Examining and sealing of ballot box

175. (1) At the opening of an advance polling station at noon on the first day of voting, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    (a) open the ballot box and ascertain that it is empty;

    (b) seal the ballot box with the seals provided by the Chief Electoral Officer; and

    (c) place the ballot box on a table in full view of all present and keep it there until the close of the advance polling station on that day.

Close of advance poll

(2) At the close of the advance polling station at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    (a) unseal and open the ballot box;

    (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, into the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of ballots contained in it;

    (c) count the spoiled ballots, place them in the envelope supplied for the purpose, seal the envelope and indicate on it the number of spoiled ballots contained in it;

    (d) count the unused ballots and the number of electors who have voted at the advance polling station and place the unused ballots and a copy of the record of votes cast at the advance polling station in the envelope supplied for the purpose, seal the envelope with the seal provided by the Chief Electoral Officer and indicate on it the number of unused ballots contained in it and the number of electors who have voted; and

    (e) place the envelopes referred to in paragraphs (b) to (d) in the ballot box after the signatures have been made as described in subsection (3), and seal the ballot box.

Affixing of signatures

(3) The deputy returning officer and poll clerk shall place their signatures on the seals affixed to the envelopes referred to in paragraphs (2)(b) to (d). The candidates or their representatives who are present may also place their signatures on the seals.

Re-opening of advance poll

(4) At the re-opening of the advance polling station at noon on the 2nd and 3rd days of voting, the deputy returning officer shall, in full view of the candidates or their representatives who are present,

    (a) unseal and open the ballot box, leaving in it the sealed envelopes containing the spoiled ballots and the ballots cast on the previous day or days of voting;

    (b) take out and open the envelope that contains the unused ballots and the record of votes cast at the advance polling station; and

    (c) seal the ballot box, place it on the table in full view of all present and keep it there until the close of the advance polling station on that day.

Custody of ballot box

(5) In the intervals between voting hours at the advance polling station and until the counting of the ballots on polling day, the deputy returning officer shall keep the sealed ballot box in his or her custody.

Candidates may check seals

(6) When an advance polling station closes on each of the three days of the vote, the candidates or their representatives may take note of the serial number of the seal on the ballot box, and may again take note of the serial number when the advance polling station is re-opened on each of the three days of voting and when the votes are counted on polling day.

Collecting the record of votes cast at an advance polling station

176. (1) As soon as possible after the close of advance polling stations on Monday, the 7th day before polling day, the returning officer shall have the original copy of the record of votes cast collected from the advance polling stations.

Crossing off names of voters at advance polls from lists

(2) Without delay after the returning officer collects the records of votes cast at advance polling stations, he or she shall cross off the lists of electors the names of all electors who voted at the advance polling stations.

When lists already distributed

(3) If an official list of electors is sent to a polling station containing the names of electors that appear in the record of votes cast at an advance polling station as having already voted, the returning officer shall instruct the deputy returning officer to cross their names off the list, and the deputy returning officer shall do so without delay.