Bill C-2
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DIVISION 5 |
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Incarcerated Electors
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Definition of
``elector''
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244. For the purpose of this Division,
``elector'' means an incarcerated elector.
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Entitlement to
vote
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245. (1) Every person who is incarcerated
and who is otherwise qualified to vote under
this Act is entitled to vote under this Division
on the 10th day before polling day.
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Exercise of
right to vote
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(2) An elector is not entitled to vote under
this Division unless he or she has signed an
application for registration and special ballot
under section 251 and a declaration described
in section 257.
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Vote to be in
electoral
district
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(3) An elector is entitled to vote under this
Division only for a candidate in the electoral
district in which his or her place of ordinary
residence is situated as shown on the
application for registration and special ballot
made by the elector under section 251.
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Designation
of
coordinating
officers
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246. The ministers responsible for
corrections in the provinces shall each
designate a person as a coordinating officer to
work, during and between elections with the
Chief Electoral Officer to carry out the
purposes and provisions of this Division.
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Notification
of issue of the
writs
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247. (1) Without delay after the issue of the
writs, the Chief Electoral Officer shall inform
the minister responsible for corrections in a
province of their issue and of the location of
administrative centres.
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Designation
of liaison
officers
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(2) On being informed of the issue of the
writs, each minister responsible for
corrections in a province shall
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Liaison
officers
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248. (1) The Chief Electoral Officer shall
appoint persons designated under paragraph
247(2)(b) in the prescribed form.
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Duty to
cooperate
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(2) During the election period, a liaison
officer shall cooperate with the Chief
Electoral Officer in the administration of the
registration and the taking of the votes of
electors.
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Duty of
coordinating
officer
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249. When a coordinating officer is
informed that a liaison officer has been
designated, the coordinating officer shall give
the liaison officer all necessary information on
taking the votes of electors.
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Notice of
entitlement to
vote
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250. (1) A liaison officer shall, without
delay after being appointed, post a notice in
the prescribed form in a prominent place in the
correctional institution that informs electors
of the date on which they are entitled to vote
in accordance with this Division.
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Voting hours
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(2) The polling stations shall be open on the
10th day before polling day from 9:00 a.m.
and shall be kept open until every elector who
is registered under subsection 251(1) has
voted, but in no case shall they be kept open
later than 8:00 p.m. on that day.
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Application
for
registration
and special
ballot
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251. (1) Before the 10th day before polling
day, each liaison officer shall ensure that an
application for registration and special ballot
in the prescribed form is completed for every
eligible elector of the correctional institution
who wishes to vote, indicating his or her place
of ordinary residence as determined under
subsection (2).
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Residence of
elector
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(2) The place of ordinary residence of an
elector is the first of the following places for
which the elector knows the civic and mailing
addresses:
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Optional
information
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(3) In addition to providing his or her place
of ordinary residence, the Chief Electoral
Officer may request that the elector provide
other information that the Chief Electoral
Officer considers necessary to implement
agreements made under section 55, but the
elector is not required to provide that
information.
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Validation
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(4) The liaison officer shall validate the
application for registration and special ballot
by signing it and indicating on it the name of
the electoral district that includes the place of
ordinary residence as determined under
subsection (2).
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Dispute about
electoral
district
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(5) If a dispute arises as to in which electoral
district an elector may vote, the elector may
refer the matter to the returning officer for the
electoral district where the correctional
institution is located, and the returning officer
shall make a final determination in
accordance with the process for revising lists
of electors.
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List of
incarcerated
electors
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252. Applications for registration and
special ballot are deemed to be the list of
electors who vote under this Division.
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Appointment
of deputy
returning
officers and
poll clerks
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253. (1) Before the 18th day before polling
day, each returning officer shall, for each
correctional institution in his or her electoral
district, in consultation with the liaison officer
for the institution, establish one or more
polling stations and appoint a deputy returning
officer and a poll clerk for each polling station.
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Provision of
election
materials
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(2) A liaison officer shall, on receiving the
election materials and list of candidates,
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Duties of
deputy
returning
officer
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254. On the day on which the electors cast
their ballots, the deputy returning officer
shall, at each polling station,
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Mobile
polling
stations
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255. (1) A liaison officer shall, when
required, establish a mobile polling station
within a correctional institution to take the
votes of the electors who are confined to their
cells or in an infirmary.
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Common
mobile
polling
stations
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(2) A returning officer may, in cooperation
with liaison officers, create a mobile polling
station for correctional institutions of fewer
than 50 electors that are within the returning
officer's electoral district and that are within
reasonable travelling distance of each other.
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Represen- tative of registered party
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256. With the prior authorization of
correctional authorities, a Canadian citizen
may represent a registered party during the
taking of the votes at a correctional institution,
if he or she provides the deputy returning
officer with an authorization, in the prescribed
form, signed by a candidate for that party.
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Declaration of
elector
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257. (1) Before delivering a special ballot to
an elector, the deputy returning officer for a
correctional institution shall require the
elector to complete an application for
registration and special ballot, if the elector
has not already done so, and to make and sign
the declaration on the outer envelope.
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Giving special
ballot to
elector
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(2) After the elector has signed the
declaration on the outer envelope, the deputy
returning officer shall
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Voting by
special ballot
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258. (1) The elector shall vote by writing on
the special ballot the name of the candidate of
his or her choice, folding the special ballot
and, in the presence of the deputy returning
officer,
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Writing
candidate's
name
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(2) The candidate shall be indicated on a
special ballot by writing the candidate's given
name or initials and surname. If two or more
candidates have the same name, their political
affiliations shall be indicated.
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Spoiled
special ballot
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(3) If an elector has inadvertently handled
a special ballot in such a manner that it cannot
be used, the elector shall return it to the deputy
returning officer who shall mark it as a spoiled
ballot and give the elector another special
ballot.
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Limit
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(4) An elector shall not be given more than
one special ballot under subsection (3).
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Assistance
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259. (1) If an elector is unable to read or
because of a physical disability is unable to
vote under this Division, the deputy returning
officer shall assist the elector by
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Note on outer
envelope
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(2) The deputy returning officer and the poll
clerk shall sign a note on the outer envelope
indicating that the elector was assisted.
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Delivery of
documents
after the vote
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260. Without delay after the votes have
been cast at a correctional institution, the
deputy returning officer shall deliver to the
liaison officer for the institution
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Deadline for
return of
election
material
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261. Every liaison officer shall ensure that
the election material referred to in section 260
is received by the special voting rules
administrator in Ottawa no later than 6:00
p.m. on polling day.
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Integration
into final list
of electors
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262. The applications for registration and
special ballot shall be integrated into the final
list of electors referred to in section 109.
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DIVISION 6 |
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Counting of Votes at the Office of the
Chief Electoral Officer
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Application
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263. This Division applies to the counting
of all special ballots cast in accordance with
this Part, except those referred to in Division
7.
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Adminis- tration
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264. (1) The counting of the special ballots
shall be conducted by special ballot officers
under the supervision of the special voting
rules administrator.
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Special ballot
officers
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(2) Special ballot officers shall work in
pairs of persons representing different
registered parties.
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Directives
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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.
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Counting of
votes
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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.
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Setting aside
of outer
envelope
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267. (1) The special ballot officers shall set
aside an outer envelope unopened when they
ascertain on its examination that
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Procedure
when elector
votes more
than once
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(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.
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Disposition of
outer
envelopes that
are laid aside
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(3) When an outer envelope is laid aside
unopened as described in subsection (1) or (2),
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Special report
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(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.
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Duties of
special ballot
officers
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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.
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Rejection of
ballots
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269. (1) Each pair of special ballot officers
shall, on examining a special ballot, reject it if
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Elector's
intent
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(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.
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Disputed
ballots
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(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.
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Note of
dispute
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(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.
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Statements of
the vote
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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.
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Safekeeping
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(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.
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