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Bill C-319

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-319

An Act to amend the Canada Elections Act (declined vote ballots)

2000, c. 9

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) Paragraph (f) of the definition ``election documents'' in subsection 2(1) of the Canada Elections Act is amended by adding the following after subparagraph (ii):

      (ii.1) a packet of declined-vote ballot papers,

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``declined-vot e ballot''
« bulletin d'absten-
tion »

``declined-vote ballot'' means a ballot, a special ballot as defined by section 177 or a ballot referred to in subsection 178(2.1), that

    (a) has been marked in the circular space at the right of the declined-vote statement and deposited in the ballot box, and

    (b) has not been rejected under this Act.

``declined-vot e statement''
« mention indiquant que l'électeur refuse de voter »

``declined-vote statement'' means

    (a) in respect of a ballot, the statement described in subsection 117(1), and

    (b) in respect of a special ballot, the statement described in section 186.

2. Subsection 117(1) of the Act is replaced by the following:

Information on the ballot

117. (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers and, after the name of the last candidate, the following statement:

    I decline to vote for any of the above candidates .

3. Paragraph 151(1)(b) of the Act is replaced by the following:

    (b) mark the ballot with a cross or other mark in the circular space opposite

      (i) the name of the candidate of his or her choice, or

      (ii) the declined-vote statement ;

2000, c. 12, s. 40

4. (1) Paragraphs 155(3)(b) and (c) of the Act are replaced by the following:

    (b) will not disclose the name of the candidate for whom the elector voted or the fact that the elector declined to vote for any of the candidates, as the case may be ;

    (c) will not try to influence the elector in choosing a candidate or in deciding whether to decline to vote for any of the candidates ; and

(2) Subsection 155(4) of the Act is replaced by the following:

Prohibition - failure to maintain secrecy

(4) No friend or relative who assists an elector under this section shall, directly or indirectly, disclose the name of the candidate for whom the elector voted or the fact that the elector declined to vote for any of the candidates, as the case may be .

5. Paragraphs 164(2)(a) to (c) of the Act are replaced by the following:

    (a) on entering the polling station and before receiving a ballot, openly declare for whom the elector intends to vote or state that the elector intends to decline to vote for any of the candidates ;

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

    (c) before leaving the polling station openly declare for whom the elector has voted or state that the elector declined to vote for any of the candidates .

6. Paragraph 175(2)(b) of the Act is replaced by the following:

    (b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted or the fact that any elector has declined to vote , 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;

7. Section 186 of the Act is replaced by the following:

Form of special ballots

186. Special ballots supplied by the Chief Electoral Officer to electors under this Part shall

    (a) be in accordance with Form 4 of Schedule 1, and

    (b) permit electors to indicate that they decline to vote for any of the candidates .

8. The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:

Voting on special ballot

(2) The elector shall use the special ballot to vote by writing on it, in private and in the designated area on the special ballot , the name of the candidate of his or her choice or the words ``any candidate'' , folding the special ballot and, in the presence of the deputy returning officer,

9. Paragraph 216(2)(b) of the Act is replaced by the following:

    (b) keep secret the name of the candidate for whom the elector voted or the fact that the elector declined to vote for any of the candidates, as the case may be .

10. Paragraph 227(2)(a) of the Act is replaced by the following:

    (a) writing, in the designated area on the ballot, the name of the candidate of his or her choice or the words ``any candidate'' ;

11. The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:

Voting by special ballot

258. (1) The elector shall vote by writing, in the designated area on the special ballot, the name of the candidate of his or her choice or the words ``any candidate'' , folding the special ballot and, in the presence of the deputy returning officer,

12. Subsection 269(1) of the Act is amended by adding the following after paragraph (c):

    (c.1) it is marked with the name of a candidate and the words ``any candidate'';

13. Section 271 of the Act is amended by striking out the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (b.1) the number of declined-vote ballots for each electoral district; and

14. Subsection 279(1) of the Act is amended by adding the following after paragraph (c):

    (c.1) it is marked with the name of a candidate and the words ``any candidate'';

15. Subsection 280(1) of the Act is replaced by the following:

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, the number of declined-vote ballots and the number of rejected ballots.

16. Paragraph 281(b) of the Act is replaced by the following:

    (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

      (i) the candidate for whom any elector is about to vote or has voted, or

      (ii) whether an elector is about to make a mark or has made a mark in the circle at the right of the declined-vote statement ;

17. Paragraph 284(1)(b) of the Act is replaced by the following:

    (b) that has not been marked in a circle at the right of the candidates' names or in the circle at the right of the declined-vote statement ;

    (b.1) that has been marked in a circle at the right of the candidates' names and in the circle at the right of the declined-vote statement;

18. Subsection 287(1) of the Act is replaced by the following:

Statement of 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, the number of declined-vote ballots and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.

19. (1) Subsection 288(2) of the Act is replaced by the following:

Declined-vote ballots and rejected ballots

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

(2) Paragraph 288(3)(a) of the Act is replaced by the following:

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

20. Subsection 304(2) of the Act is replaced by the following:

Documents that may be examined

(2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, declined-vote, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other election documents.

21. Paragraph 533(a) of the Act is replaced by the following:

    (a) by polling division, the number of votes cast for each candidate, the number of declined-vote ballots, the number of rejected ballots and the number of names on the final list of electors; and

22. Form 3 of Schedule 1 to the Act is amended by replacing the front of the Form of Ballot Paper with the following:

23. Form 4 of Schedule 1 to the Act is amended by replacing the front of the Form of Special Ballot Paper with the following:

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