Bill S-22
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S-22
First Session, Thirty-eighth Parliament,
53 Elizabeth II, 2004
SENATE OF CANADA
BILL S-22
An Act to amend the Canada Elections Act (mandatory voting)
first reading, December 9, 2004
THE HONOURABLE SENATOR HARB
0326
SUMMARY
This enactment amends the Canada Elections Act to
(a) make it compulsory for an elector to exercise the right to vote;
(b) make it an offence for an elector not to vote; and
(c) add the words “None of the candidates” to a ballot in order to allow an elector to indicate that the elector does not wish to vote for any of the candidates nominated in his or her electoral district.
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1st Session, 38th Parliament,
53 Elizabeth II, 2004
senate of canada
BILL S-22
An Act to amend the Canada Elections Act (mandatory voting)
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. Subparagraph (f)(ii) of the definition “election documents” in subsection 2(1) of the Canada Elections Act is replaced by the following:
(ii) packets of ballot papers cast for the various candidates and “None of the candidates”,
2. The heading “ELECTORAL RIGHTS” before section 3 of the Act is replaced by the following:
ELECTORAL RIGHTS AND OBLIGATIONS
3. The Act is amended by adding the following after section 3:
Obligation to vote
3.1 An elector shall vote at every election.
4. Subsection 117(1) of the Act is replaced by the following:
Information on the ballot
117. (1) Ballots shall contain
(a) the names of candidates, arranged alphabetically, taken from their nomination papers; and
(b) after the names of the candidates, the words “None of the candidates”.
5. 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 the name of the candidate of his or her choice or opposite the words “None of the candidates”;
6. (1) Paragraphs 155(3)(b) and (c) of the English version of the Act are replaced by the following:
(b) will not disclose the choice of the elector;
(c) will not try to influence the elector in making a choice; and
(2) Subsection 155(4) of the English version of the Act is replaced by the following:
Prohibition — failure to maintain secrecy
(4) No person who assists an elector under this section shall, directly or indirectly, disclose the choice of the elector.
7. Subsection 164(2) of the Act is replaced by the following:
Secrecy at the poll
(2) Except as provided by this Act, no elector shall
(a) on entering the polling station and before receiving a ballot, openly declare how the elector intends to vote;
(b) show his or her ballot, when marked, so as to allow how the elector has voted to be known; or
(c) before leaving the polling station, openly declare how the elector has voted.
8. 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 how any elector has voted, 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;
9. Section 187 of the Act is replaced by the following:
List of candidates
187. The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district which shall set out
(a) the names of the candidates and, in accordance with section 117, the political affiliation of each of them; and
(b) after the names of the candidates, the words “None of the candidates”.
10. The portion of subsection 213(2) of the Act before paragraph (a) is replaced by the following:
Voting by special ballot
(2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice or the words “None of the candidates”, folding the special ballot and, in the presence of the deputy returning officer,
11. (1) Paragraph 216(1)(b) of the Act is replaced by the following:
(b) writing on the special ballot the name of the candidate of the elector’s choice or the words “None of the candidates”, as directed by the elector, in his or her presence and in the presence of another elector selected by the elector as a witness.
(2) Paragraph 216(2)(b) of the Act is replaced by the following:
(b) keep the choice of the elector secret.
12. Paragraph 227(2)(a) of the Act is replaced by the following:
(a) writing the name of the candidate of his or her choice or the words “None of the candidates” on the ballot;
13. 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 on the special ballot the name of the candidate of his or her choice or the words “None of the candidates”, folding the special ballot and, in the presence of the deputy returning officer,
14. Paragraph 259(1)(b) of the Act is replaced by the following:
(b) writing on the special ballot the name of the candidate of the elector’s choice or the words “None of the candidates”, as directed by the elector, in his or her presence and in the presence of the poll clerk.
15. (1) Paragraph 269(1)(d) of the Act is replaced by the following:
(d) it is marked with the names of more than one candidate or with the name of one or more candidates and the words “None of the candidates”; or
(2) Subsection 269(2) of the Act is replaced by the following:
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 or the words “None of the candidates”, if the ballot clearly indicates the elector’s intent.
16. Paragraph 271(a) of the Act is replaced by the following:
(a) the number of votes counted for each candidate, and for “None of the candidates”, for every electoral district;
17. (1) Paragraph 279(1)(d) of the Act is replaced by the following:
(d) it is marked with the names of more than one candidate or with the name of one or more candidates and the words “None of the candidates”; or
(2) Subsection 279(2) of the Act is replaced by the following:
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 or the words “None of the candidates”, if the ballot clearly indicates the elector’s intent.
18. Subsection 280(1) of the Act is replaced by the following:
Communication 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 votes cast for “None of the candidates” and the number of rejected ballots.
19. 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 how any elector is about to vote or has voted;
20. Section 282 of the Act is replaced by the following:
Prohibitions — outside Canada
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 or for “None of the candidates” 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 or for “None of the candidates” at an election under this Part.
21. Paragraph 283(3)(f) of the Act is replaced by the following:
(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, or the words “None of the candidates” for which, the vote was cast for the purpose of arriving at the total number of votes cast for each candidate and the total number of votes cast for “None of the candidates”.
22. (1) 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 at the right of the words “None of the candidates”;
(2) Paragraph 284(1)(d) of the Act is replaced by the following:
(d) that has been marked in more than one circle at the right of the candidates’ names and the words “None of the candidates”; or
23. Subsection 287(1) of the Act is replaced by the following:
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, the number of votes in favour of “None of the candidates” and the number of rejected ballots and place the original statement and a copy of it in the separate envelopes supplied for the purpose.
24. (1) Subsection 288(1) of the Act is replaced by the following:
Marked ballots
288. (1) The deputy returning officer shall place the ballots for each candidate and for “None of the candidates” into separate envelopes, write on each envelope the name of the candidate or the words “None of the candidates” and the number of votes each 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.
(2) Paragraph 288(3)(a) of the Act is replaced by the following:
(a) the envelopes that contain the marked ballots for the candidates and “None of the candidates”, any spoiled ballots, unused ballots or rejected ballots, and the official list of electors; and
25. Paragraph 296(2)(a) of the Act is replaced by the following:
(a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate and for “None of the candidates” at the polling stations;
26. Section 297 of the Act is replaced by the following:
Certificate of votes cast
297. Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate and for “None of the candidates”, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate and for “None of the candidates”.
27. Paragraph 314(1)(b) of the Act is replaced by the following:
(b) a summary, in the prescribed form, of the number of votes cast for each candidate and for “None of the candidates” at each polling station; and
28. The heading before section 483 of the Act is replaced by the following:
Offences under Part 1
(Electoral Rights and Obligations)
29. The Act is amended by adding the following after section 483:
Strict liability offence — summary conviction
483.1 Every elector who contravenes section 3.1 (obligation to vote) is guilty of an offence unless the elector
(a) was absent from Canada on polling day;
(b) was not entitled to vote at the election; or
(c) establishes, to the satisfaction of the Commissioner, that he or she had a valid reason for not voting at the election.
30. Section 500 of the Act is amended by adding the following after subsection (6):
Punishment — strict liability offence
(7) Every person who is guilty of an offence under section 483.1 is liable on summary conviction to a fine of $50.
31. 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 votes cast for “None of the candidates”, the number of rejected ballots and the number of names on the final list of electors; and
32. Form 3 of Schedule 1 to the Act is amended by replacing the front of the Form of Ballot Paper with the following:
33. Form 4 of Schedule 1 to the Act is amended by replacing the front of the Form of Special Ballot Paper with the following:
Coming into force
34. This Act comes into force on the day that is two years after the day on which it receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.
Published under authority of the Senate of Canada
Explanatory Notes
Canada Elections Act
Clause 1: Relevant portion of the definition:
“election documents” means the following documents:
. . .
(f) the other returns from the various polling stations enclosed in sealed envelopes, as required by Part 12, and containing
. . .
(ii) packets of ballot papers cast for the various candidates,
Clause 2: Existing text of the heading:
ELECTORAL RIGHTS
Clause 3: New.
Clause 4: Existing text of subsection 117(1):
117. (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.
Clause 5: Relevant portion of subsection 151(1):
151. (1) An elector shall, after receiving a ballot,
. . .
(b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;
Clause 6: (1) Relevant portion of subsection 155(3):
(3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or she
. . .
(b) will not disclose the name of the candidate for whom the elector voted;
(c) will not try to influence the elector in choosing a candidate; and
(2) Existing text of subsection 155(4):
(4) No person who assists an elector under this section shall, directly or indirectly, disclose the candidate for whom the elector voted.
Clause 7: Existing text of subsection 164(2):
(2) Except as provided by this Act, no elector shall
(a) on entering the polling station and before receiving a ballot, openly declare for whom the elector intends to vote;
(b) show his or her ballot, when marked, so as to allow the name of the candidate for whom the elector has voted to be known; or
(c) before leaving the polling station, openly declare for whom the elector has voted.
Clause 8: Relevant portion of subsection 175(2):
(2) At the close of the advance polling station at 8:00 p.m. on each of the three days of voting, the deputy returning officer shall, in full view of the candidates or their representatives who are present,
. . .
(b) empty the ballots cast during that day, in a manner that does not disclose for whom any elector has voted, 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;
Clause 9: Existing text of section 187:
187. The Chief Electoral Officer shall establish a list of candidates nominated in each electoral district and, in accordance with section 117, set out the political affiliation of each of them.
Clause 10: Relevant portion of subsection 213(2):
(2) The elector shall use the special ballot to vote by writing on it, in private, the name of the candidate of his or her choice, folding the special ballot and, in the presence of the deputy returning officer,
Clause 11: (1) Relevant portion of subsection 216(1):
216. (1) If an elector is, because of a physical disability, unable to vote in the manner described in this Division, the deputy returning officer shall assist him or her by
. . .
(b) marking the special ballot as directed by the elector in his or her presence and in the presence of another elector selected by the elector as a witness.
(2) Relevant portion of subsection 216(2):
(2) The deputy returning officer and an elector acting as a witness shall
. . .
(b) keep secret the name of the candidate for whom the elector voted.
Clause 12: Relevant portion of subsection 227(2):
(2) An elector shall vote by special ballot by
(a) writing the name of the candidate of his or her choice on the ballot;
Clause 13: Relevant portion of subsection 258(1):
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,
Clause 14: Relevant portion of subsection 259(1):
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
. . .
(b) marking the special ballot as directed by the elector in his or her presence and in the presence of the poll clerk.
Clause 15: (1) Relevant portion of subsection 269(1):
269. (1) Each pair of special ballot officers shall, on examining a special ballot, reject it if
. . .
(d) it is marked with the names of more than one candidate; or
(2) Existing text of subsection 269(2):
(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.
Clause 16: Relevant portion of section 271:
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;
Clause 17: (1) Relevant portion of subsection 279(1):
279. (1) The deputy returning officer shall, in counting the ballots, reject a ballot if
. . .
(d) it is marked for more than one candidate; or
(2) Existing text of subsection 279(2):
(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.
Clause 18: Existing text of subsection 280(1):
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.
Clause 19: Relevant portion of section 281:
281. No person shall, inside or outside Canada,
. . .
(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;
Clause 20: Existing text of section 282:
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.
Clause 21: Relevant portion of subsection 283(3):
(3) The deputy returning officer shall, in the following order,
. . .
(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.
Clause 22: (1) and (2) Relevant portion of subsection 284(1):
284. (1) In examining the ballots, the deputy returning officer shall reject one
. . .
(b) that has not been marked in a circle at the right of the candidates’ names;
. . .
(d) that has been marked in more than one circle at the right of the candidates’ names; or
Clause 23: Existing text of subsection 287(1):
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.
Clause 24: (1) Existing text of subsection 288(1):
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.
(2) Relevant portion of subsection 288(3):
(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
Clause 25: Relevant portion of subsection 296(2):
(2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she
(a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;
Clause 26: Existing text of section 297:
297. Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.
Clause 27: Relevant portion of subsection 314(1):
314. (1) On completing the return of the writ, the returning officer shall without delay send to the Chief Electoral Officer all election documents in his or her possession together with
. . .
(b) a summary, in the prescribed form, of the number of votes cast for each candidate at each polling station; and
Clause 28: Existing text of the heading:
Offences under Part 1 (Electoral Rights)
Clause 29: New.
Clause 30: New.
Clause 31: Relevant portion of section 533:
533. The Chief Electoral Officer shall, in the case of a general election, without delay, and, in the case of a by–election, within 90 days after the return of the writ, publish, in the manner and form that he or she considers appropriate, a report that sets out
(a) by polling division, the number of votes cast for each candidate, the number of rejected ballots and the number of names on the final list of electors; and