Compliance Review: Final Report and Recommendations
Annex A – Table of Legislated Responsibilities for Election Officers
No. | Officer | Duty or power | CEA Ref. |
---|---|---|---|
1 | CPS or DRO | Post notice of poll in polling place | 64(3) |
2 | DRO | Receive from Returning Officer ballot papers, material for marking ballots, templates, copies of Chief Electoral Officer's instructions, list of electors, ballot box, envelopes, supplies, etc. | 119(1) |
3 | DRO | Safekeeping of materials received from Returning Officer | 119(2) |
4 | CPS | Attend central polling place to supervise proceedings and keep the Returning Officer informed of any matter that may affect proceedings | 124(2) |
5 | IO | Provide information to the electors | 124 (1)(a) |
6 | DRO | Receive from candidates' representatives written authorizations for acting as scrutineers | 135(2) |
7 | DRO | Administer oath of secrecy to candidates' representatives | 135(4) |
8 | DRO | Before opening of polling station, initial back of all ballot papers in presence of scrutineers | 138(1) |
9 | DRO | If requested by scrutineers, before poll is opened, count all ballot papers intended to be used | 139 |
10 | DRO | At opening of poll, open ballot box and ascertain it is empty in front of scrutineers, seal box and put it on table | 140 |
11 | DRO | Call electors to vote | 141 |
12 | DRO | Ensure that every elector is admitted into polling station and that electors are not disturbed in or near polling station | 142(1) |
13 | DRO | If thought advisable, direct that not more than one elector for each voting compartment may enter the room where voting is held | 142(2) |
14 | DRO and PC | Ensure that each elector, upon arriving at the polling station, declares his or her name and address | 143(1) |
15 | PC | Ascertain that each elector's name is on the voters' list, or is entitled to vote under ss. 146 to 149 therefore requiring a prescribed oath | 143(2) |
16 | DRO and PC | Receive from each elector proof of identity and address meeting established criteria | 143(2) |
17 | DRO | Administer oath to voter with no ID (person being vouched for), and to a corresponding elector with ID (voucher) who must be registered in the same polling division, and who vouches for such elector's identity and address | 143(3) |
18 | DRO and PC | Require elector, if having reasonable doubts as to residence of elector, to swear an oath as to residence | 143(3.2) |
19 | DRO and PC | If satisfied that registered elector's identity and residence have been proven, cross elector's name off list and allow vote | 143(4) |
20 | DRO and PC | Ensure that no voucher vouches for more than one other elector | 143(5) |
21 | DRO | Advise oath taker of voter qualification and of penalties for violating Elections Act | 143.1 |
22 | DRO and PC | Require elector, if having reasonable doubt as to voter's qualification, to take a prescribed oath | 144 |
23 | DRO | Administer prescribed oath to voter whose qualification is in doubt | 144 |
24 | DRO | Administer prescribed oath to voter in case of a mistake in the relevant entry of list of electors | 146 |
25 | DRO | Administer prescribed oath to person requesting to vote if another person has already voted under that name | 147 |
26 | DRO | Administer prescribed oath to elector who claims that his or her name has been crossed off the list of electors in error, under subsection 176 (2) or (3) regarding advance voters | 148 |
27 | DRO | Refuse ballot to an elector who refuses to take prescribed oaths | 148.1 |
28 | DRO | Receive transfer certificates from electors | 149a) |
29 | DRO | Ascertain with the Returning Officer, that an elector, whose name is missing from the list of electors at the polling station, is properly listed on the preliminary list of electors or was registered during revision period | 149b) |
30 | DRO | Receive registration certificates from voters with transfer certificates | 149c) |
31 | DRO | Hand ballot paper to qualified elector | 150(1) |
32 | DRO | Explain to each elector how to indicate his or her choice | 150(2) |
33 | DRO | Fold the ballot so that its serial number and the initials of the deputy returning officer are visible | 150(2) |
34 | DRO | Direct electors how to mark the ballot and to return the marked ballot folded as when provided | 150(2) |
35 | DRO | Receive marked ballots from voters | 151(1)(d) |
36 | DRO | On receiving ballot from voter, verify that it is the same ballot that was handed to the elector by examining serial number on the counterfoil and DRO initials on the back of the ballot | 151(2) |
37 | DRO | Remove and destroy the counterfoil in full view of the elector and all other persons present | 151(2b) |
38 | DRO | Return the ballot to elector to deposit in the ballot box or, at elector's request, deposit it in the ballot box | 151(2c) |
39 | DRO | Mark inadvertently handled ballot as spoiled, place it in envelope and give elector another ballot | 152(1) |
40 | DRO | Allow qualified elector who is in polling station or in line at the door at close of voting hours, to vote | 153(2) |
41 | DRO and PC | Assist electors unable to vote because of illiteracy or a physical disability | 154(1) |
42 | DRO | Provide a template to an elector who has a visual impairment | 154(2) |
43 | DRO | Administer prescribed oath to person who wishes to assist an elector in marking ballot | 155(3) |
44 | DRO | May appoint and swear a language or sign language interpreter to assist DRO in communicating information to electors | 156 |
45 | DRO | Receive from RO transfer certificates of electors delivered to electors whose name is on the list of electors for polling station | 160(e) |
46 | Reg Officer | Receive applications for polling day registration made at registration desk | 161(2)(a) |
47 | DRO | If so authorized, receive applications for polling day registration made at polling station | 161(2)(b) |
48 | Reg Officer | Permit one candidate representative (scrutineer) of each candidate to be present to observe registration proceedings at the registration desk | 161(3) |
49 | Reg Officer or DRO | Check whether applicant satisfies requirements for polling day registration (ID) | 161(4) |
50 | Reg Officer or DRO | When requirements satisfied, complete registration certificate and require elector to sign the certificate | 161(4) |
51 | Reg Officer or DRO | Administer oath to registering elector being vouched for and to elector vouching for elector | 161.1 |
52 | Reg Officer or DRO | Advise oath taker of the qualifications for electors. | 161.1 |
53 | DRO | Direct poll clerk to make entries in prescribed form | 162(a) |
54 | PC | Make entries in prescribed form as directed by DRO | 162a) |
55 | PC | Indicate, beside the name of the elector on the list of electors, that elector has voted | 162(b) |
56 | PC | Indicate on prescribed form that elector has voted under a transfer certificate and give number of certificate | 162(c) |
57 | PC | Indicate on prescribed form that elector has voted, under par. 149(b), without his or her name being on official list of electors | 162(d) |
58 | PC | Indicate on prescribed form that elector has voted under s. 146 | 162(e) |
59 | PC | Indicate on prescribed form that elector has taken an oath and the type of oath | 162(f) |
60 | PC | Indicate on prescribed form that elector refused to provide ID referred to in par. 143(2)(a) or (b), or to take an oath | 162(g) |
61 | PC | Indicate on prescribed form that elector has been allowed to vote under ss. 148.1(2) | 162(h) |
62 | PC | Indicate on prescribed form that elector has voted under s. 147, and that oaths have been taken | 162(i) |
63 | PC | Indicate also any objection made on behalf of any of the candidates to a person voting under s. 147 and indicate the candidate's name | 162(i) |
64 | PC | Every 30 minutes, provide to candidate's representatives identity of electors who voted on polling day, except voters who registered on that day | 162(i.1) |
65 | PC | Indicate on prescribed form that elector has voted under a registration certificate issued under ss. 161(4) | 162(j) |
66 | DRO and PC | Maintain the secrecy of the vote | 163(1) |
67 | DRO | Draw attention of elector to an offence committed regarding secrecy of voting and to punishment applicable for such offence | 164(3) |
68 | DRO | Abstain from initialing any papers except ballots that could be used as ballots, or making any mark on any ballot that would allow the vote to be identified with a particular elector | 167(3) |
69 | DRO | Immediately after the close of the polling station, count the votes in the presence of the poll clerk and candidate representatives, and if no candidate representatives are present, in the presence of at least two electors | 283(1) |
70 | DRO | Supply poll clerk, and all the persons present and who so request, with a tally sheet to keep their own score of the voting. | 283(2) |
71 | DRO | Count number of electors who voted at polling station, | 283(3)(a) |
72 | DRO | Make an entry at end of list of electors stating number of electors who voted in polling station | 283(3)(a) |
73 | DRO | Sign list of electors and place it in envelope | 283(3)(a) |
74 | DRO | Count spoiled ballots, place them in envelope, indicate on envelope number of spoiled ballots, and seal it | 283(3)(b) |
75 | DRO | Count unused ballots not detached from books of ballots, place them with stubs of used ballots in envelope supplied for the purpose, | 283(3)(c) |
76 | DRO | Indicate on envelope number of unused ballots and seal the envelope | 283(3)(c) |
77 | DRO | Total numbers arrived as above in order to ascertain that all ballots provided by RO are accounted for and counts reconcile | 283(3)(d) |
78 | DRO | Open ballot box and empty its contents onto a table | 283(3)(e) |
79 | DRO | Examine each ballot, show ballot to persons present | 283 (3)(f) |
80 | DRO | Ask poll clerk to make note on tally sheet beside name of candidate for whom vote was cast | 283(3)(f) |
81 | DRO | Reject any ballot paper not supplied by him or her | 284(1)(a) |
82 | DRO | Reject ballot paper not marked in a circle at the right of candidates' names | 284(1b) |
83 | DRO | Reject ballot paper marked for a person who is not a candidate (s. 76) | 284(1)(c) |
84 | DRO | Reject ballot paper marked in more than one circle at the right of the candidates' names | 284(1)(d) |
85 | DRO | Reject ballot paper on which there is any writing or mark by which the elector could be identified | 284(1)(e) |
86 | DRO | When ballot found with counterfoil attached, remove and destroy counterfoil while concealing number on it and without examining it | 284(3) |
87 | DRO | Initial and count ballot that was not previously initialed, if satisfied that it is a valid ballot | 285 |
88 | DRO | Keep record, of every objection to a ballot, give a number to the objection, write that number on the ballot and initial it | 286(1) |
89 | DRO | Decide every question that is raised by an objection made by a candidate or his or her representatives | 286(2) |
90 | DRO | Prepare a statement of the vote, setting out number of votes for each candidate, and the number of rejected ballots | 287(1) |
91 | DRO | Place original statement of vote and a copy of it in separate envelopes | 287(1) |
92 | DRO | Give a copy of statement of the vote to each of the candidate's representatives present at the count | 287(2) |
93 | DRO | Place ballots for each candidate into separate envelopes, write on each envelope name of candidate and number of votes received, and seal it | 288(1) |
94 | DRO and PC | Sign the seal on each envelope of ballots per candidate, and allow witnesses to sign as well | 288(1) |
95 | DRO | Place into separate envelopes rejected ballots, registration certificates and list of electors, and seal each of the envelopes | 288(2) |
96 | DRO | Seal, in a large supplied envelope, the envelopes containing marked ballots for candidates, spoiled ballots, unused ballots, rejected ballots, and official list of electors | 288(3a) |
97 | DRO | Seal in a large envelope any other election documents, except envelopes containing statements of the vote and registration certificates | 288(3b) |
98 | DRO | Place large envelope in ballot box and envelope that contains a copy of the statement of the vote | 288(4) |
99 | DRO | Seal the ballot box | 288(5) |
100 | DRO | Send ballot box, with envelope containing original statement of vote and envelope containing registration certificates, to Returning Officer | 290(1) |
102 | DRO or CPS | Maintain order during voting hours | 479(2) |
103 | DRO or CPS | Cause to be removed any partisan material, contrary to sec. 166(1)(a) or (b), from the polling place | 479(7) |
Abbreviation Legend:
CEA = Canada Elections Act
CPS = Central Poll Supervisor
DRO = Deputy Returning Officer
IO = Information Officer
PC = Poll Clerk
Reg Officer = Registration Officer