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Bill C-83

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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 two 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 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

Results

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.

Prohibitions

Prohibitions

281. No person shall, inside or outside Canada,

    (a) wilfully disclose information as to how a ballot or special ballot has been marked by an elector;

    (b) wilfully interfere with, or attempt to interfere with, an elector when marking a ballot or special ballot, or otherwise attempt to obtain any information as to the candidate for whom any elector is about to vote or has voted;

    (c) knowingly make a false statement in an application for registration and special ballot;

    (d) knowingly apply for a ballot or special ballot to which that person is not entitled;

    (e) knowingly make a false statement in a declaration signed by him or her before a deputy returning officer;

    (f) knowingly make a false declaration in the statement of ordinary residence completed by him or her;

    (g) wilfully prevent or endeavour to prevent an elector from voting at an election; or

    (h) wilfully at the counting of the votes, attempt to obtain information or communicate information obtained at the counting as to the candidate for whom a vote is given in a particular ballot or special ballot.

Prohibitions

282. No person shall, outside Canada,

    (a) by intimidation or duress, compel a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part; or

    (b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at an election is not secret, induce a person to vote or refrain from voting or vote or refrain from voting for a particular candidate at an election under this Part.

PART 12

COUNTING VOTES

Polling Stations

Counting the votes

283. (1) Immediately after the close of a polling station, the deputy returning officer shall count the votes in the presence of the poll clerk and any candidates or their representatives who are present or, if no candidates or representatives are present, in the presence of at least two electors.

Tally sheets

(2) The deputy returning officer shall supply the poll clerk and at least three of the persons referred to in subsection (1) who are present with a tally sheet to keep their own score of the voting.

Steps to follow

(3) The deputy returning officer shall, in the following order,

    (a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states ``The number of electors who voted at this election in this polling station is (stating the number)'', sign the list, and place the list in the envelope supplied for the purpose;

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

    (c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

    (d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

    (e) open the ballot box and empty its contents onto a table; and

    (f) examine each ballot, show the ballot to each person who is present, and ask the poll clerk to make a note on the tally sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.

Rejection of ballots

284. (1) In examining the ballots, the deputy returning officer shall reject one

    (a) that has not been supplied by him or her;

    (b) that has not been marked in a circle at the right of the candidates' names;

    (c) that is void by virtue of section 76;

    (d) that has been marked in more than one circle at the right of the candidates' names; or

    (e) on which there is any writing or mark by which the elector could be identified.

Limitation

(2) No ballot shall be rejected by reason only that the deputy returning officer placed on it any writing, number or mark, or failed to remove the counterfoil.

Counterfoils remaining attached

(3) When a ballot is found with the counterfoil attached, the deputy returning officer shall, while concealing the number on it from all persons present and without examining it, remove and destroy the counterfoil.

Ballots not initialled by deputy returning officer

285. If the deputy returning officer determines that he or she has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk and witnesses, initial and count the ballot if he or she is satisfied that

    (a) the ballot was supplied by him or her; and

    (b) all ballots that were provided by the returning officer have been accounted for, as described in paragraph 283(3)(d).

Objections to ballots

286. (1) The deputy returning officer shall keep a record, in the prescribed form, of every objection to a ballot made by a candidate or his or her representatives, give a number to the objection, write that number on the ballot and initial it.

Decision of deputy returning officer

(2) The deputy returning officer shall decide every question that is raised by an objection described in subsection (1), and the decision is subject to reversal only on a recount or on application under subsection 524(1).

Statement of the vote

287. (1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the number of votes in favour of each candidate and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.

Copies of the statement of the vote

(2) The deputy returning officer shall give a copy of the statement of the vote to each of the candidate's representatives present at the count.

Marked ballots

288. (1) The deputy returning officer shall place the ballots for each candidate into separate envelopes, write on each envelope the name of the candidate and the number of votes he or she received, and seal it. The deputy returning officer and the poll clerk shall sign the seal on each envelope, and the witnesses may also sign them.

Rejected ballots

(2) The deputy returning officer shall place into separate envelopes the rejected ballots, the registration certificates and the list of electors, and shall seal the envelopes.

Documents to be enclosed in a large envelope

(3) The deputy returning officer shall seal in a large envelope supplied for the purpose

    (a) the envelopes that contain the marked ballots for the candidates, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and

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