Bill C-2
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Responsibi- lities of elector
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240. For the purpose of this Division, an
elector has the sole responsibility to ensure
that
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Elector to be
given regular
ballot
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241. An elector who applies to vote in
person at the office of the returning officer for
his or her electoral district after ballots for the
electoral district have been printed shall be
given a ballot that is not a special ballot and
shall immediately vote in the manner
described in paragraphs 151(1)(a) and (b) and
227(2)(b) to (d) and return the outer envelope
to the election officer.
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Spoiled ballot
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242. (1) If an elector has inadvertently
handled a ballot or a special ballot in such a
manner that it cannot be used, the elector shall
return it to the election officer who shall mark
it as a spoiled ballot and give the elector
another ballot.
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Limit
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(2) An elector shall not be given more than
one ballot under subsection (1).
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Assistance
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243. (1) When an elector personally goes to
the office of the returning officer and is unable
to read or because of a physical disability is
unable to vote in the manner described in this
Division, the designated election officer shall
assist the elector by
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Note on outer
envelope
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(2) An election officer who assists an
elector under subsection (1) shall indicate, by
signing the note on the outer envelope, that the
elector was assisted.
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Registration,
voting at
home
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243.1 (1) On application of an elector who
is unable to read, or who is unable to vote in
the manner described in this Division because
of a physical disability, and who is unable to
personally go to the office of the returning
officer because of a physical disability, the
designated election officer shall go to the
elector's dwelling place and, in the presence
of a witness who is chosen by the elector, assist
the elector by
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Note on outer
envelope
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(2) The designated election officer and the
witness who assist an elector under subsection
(1) shall indicate, by signing the note on the
outer envelope, that the elector was assisted.
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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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