DIVISION 6

Counting of Votes at the Office of the Chief Electoral Officer

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.

Adminis-
tration

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.

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.

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.

Setting aside of outer envelope

267. (1) The special ballot officers shall set aside an outer envelope unopened when they ascertain on its examination that

    (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

    (b) the envelope, other than an envelope in respect of an elector who has taken a vote under section 216, 243 or 259, does not bear the signature of an elector;

    (c) the correct electoral district of the elector whose ballot is contained in the outer envelope cannot be ascertained;

    (d) the outer envelope has been received in Ottawa by the special voting rules administrator 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 but before counting the outer envelopes, the special ballot officers ascertain that an elector has voted more than once, they shall lay the outer envelopes that relate to the elector aside unopened.

Disposition of outer envelopes that are laid aside

(3) When an outer envelope is laid aside unopened as described in subsection (1) or (2),

    (a) the outer envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;

    (b) at least two special ballot officers shall initial the endorsement; and

    (c) in the case of an outer envelope laid aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

Special report

(4) The special voting rules administrator shall prepare a report in respect of the number of outer envelopes that are laid aside under this Division.

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.

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.

Statements of the vote

270. (1) Each pair of special ballot officers shall prepare a statement of the vote in the prescribed form and deliver it to the special voting rules administrator.

Safekeeping

(2) The special voting rules administrator shall keep the statements of the vote in safe custody until the day after the communication of the results under section 280.

Copy to special ballot officer

(3) On request, after the day that the results are communicated, a special ballot officer may be given a copy of the statement of the vote that he or she prepared.

Chief Electoral Officer to be informed of results of vote

271. Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall inform the Chief Electoral Officer of

    (a) the number of votes counted for each candidate for every electoral district;

    (b) the total number of votes counted for each electoral district; and

    (c) the number of rejected ballots for each electoral district.

Sending of material to Chief Electoral Officer

272. As soon as practicable after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall send to the Chief Electoral Officer, in separate envelopes,

    (a) the lists of electors;

    (b) all other documents and election materials received from commanding officers, deputy returning officers and special ballot officers;

    (c) the oaths of office; and

    (d) the complete files of correspondence, reports and records in his or her possession.

DIVISION 7

Counting of Votes in the Office of the Returning Officer

Appointment of deputy returning officer and poll clerk

273. (1) The returning officer shall appoint a deputy returning officer and poll clerk to verify the outer envelopes and to count the special ballots issued to electors in his or her electoral district and received in his or her office. More than one deputy returning officer and poll clerk may be appointed if the number of votes warrants it.

Assignment of duties

(2) The returning officer shall assign duties so that a deputy returning officer chosen from among the persons recommended by the registered party whose candidate finished first in the last election in the electoral district works with a poll clerk chosen from among the persons recommended by the registered party whose candidate finished second in that election in that electoral district.

Merger of parties

(3) For the purpose of subsection (2), in determining whether the candidate of a registered party finished first or second in the last election in a case where the registered party is the result of a merger with one or more parties that were registered parties at the last election, there shall be attributed to the candidate of the merged party, the number of votes of the candidate of the merging party with the largest number of votes at that last election.

Notification to candidates

(4) The returning officer shall, as soon as possible, notify the candidates of the name and address of the persons appointed as the deputy returning officer and the poll clerk.

Candidate present at counting

274. A candidate or his or her representative may be present for the verification of the outer envelopes and the counting of ballots received at the office of the returning officer.

Ballots to be kept sealed

275. (1) The returning officer shall ensure that the ballots received at his or her office are kept sealed until they are given to the deputy returning officer.

Return outer envelopes

(2) All outer envelopes received after the prescribed deadline shall be kept separate and sealed and shall be initialled by the returning officer and marked with the date and time of their receipt.

Verification of envelopes

276. (1) A deputy returning officer and a poll clerk shall verify the outer envelopes, at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information on the outer envelope whether the elector is entitled to vote in the electoral district.

Notice

(2) The returning officer shall notify the candidates of the time and place of the verification.

Provision of materials to deputy returning officer

(3) The deputy returning officer shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

Setting aside of outer envelope

277. (1) The deputy returning officer shall set aside an outer envelope unopened when he or she ascertains on its examination that

    (a) the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot;

    (b) the outer envelope, other than an outer envelope in respect of an elector who has taken a vote under section 243 or 243.1, does not bear the signature of an elector;

    (c) more than one ballot has been issued to an elector; or

    (d) the outer envelope was received after the prescribed deadline.

Registering objections

(2) When the outer envelopes are verified, the poll clerk shall register any objection to an elector's right to vote in the electoral district in the prescribed form.

Noting of reasons for setting aside

(3) When an outer envelope is set aside unopened as described in subsection (1), the deputy returning officer shall note on it the reasons for the rejection. The deputy returning officer and the poll clerk shall initial the envelope.

Counting of outer envelopes

278. (1) The deputy returning officer and the poll clerk shall count all valid outer envelopes.

Inner envelopes

(2) The deputy returning officer and the poll clerk shall open the outer envelopes and put all the inner envelopes in a ballot box provided by the returning officer.

Counting the votes

(3) After the close of the polling stations, the deputy returning officer shall open the ballot box and he or she together with the poll clerk shall open the inner envelopes and count the votes.

Rejection of ballots

279. (1) The deputy returning officer shall, in counting the ballots, reject a ballot if

    (a) it has not been supplied for the election;

    (b) it is not marked;

    (c) it is marked with a name other than the name of a candidate;

    (d) it is marked for 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) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has incorrectly written the name of a candidate, if the ballot clearly indicates the elector's intent.

Political affiliation

(3) The deputy returning officer shall not reject a special ballot for the sole reason that the elector has written, in addition to the name of a candidate, the name of the registered party or the word ``independent'', if the ballot clearly indicates the elector's intent.

DIVISION 8

Communication of the Results of the Vote

Communica-
tion of results

280. (1) The Chief Electoral Officer shall, without delay after the closing of the polling stations at an election, inform each returning officer of the results of the count under Division 6 for the returning officer's electoral district, giving the number of votes cast for each candidate and the number of rejected ballots.

Release of information

(2) When the returning officer receives information from the Chief Electoral Officer respecting the results of the count under Division 6, the returning officer shall add those results to the results of the count under Division 7 and release all of them as being the results of the vote under the Special Voting Rules.