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Special Voting Rules as Adapted for the Purposes of a By-election

Division 2

Canadian Forces Electors

Definitions

Definition of "elector"

190.In this Division, "elector" means a person who is a Canadian Forces elector under section 191.

Voting Entitlement and Electoral Districts

Canadian Forces electors

191. Any of the following persons is a Canadian Forces elector if he or she is qualified as an elector under section 3 of the Act and is not disentitled from voting under section 4:

Voting limited to electoral district of ordinary residence

192. An elector is only entitled to vote under this Division for a candidate at a by-election in the electoral district that includes the place of ordinary residence that the elector has named in his or her statement of ordinary residence.

Voting in actual place of ordinary residence

193. At a by-election, an elector who has not voted under this Division may vote at the polling station established for the polling division of the elector's place of ordinary residence named in section 192 but only if he or she ordinarily resides in the electoral district referred to in that section as of polling day.

Statement of Ordinary Residence

Completion on enrolment, etc.

194. (1) In order to vote as a Canadian Forces elector, a person shall, without delay after becoming an elector described in paragraph 191(a), (c) or (d) by virtue of his or her being enrolled in or hired by the Canadian Forces, complete a statement of ordinary residence in the prescribed form that indicates

Completion on becoming ordinarily resident

(2) A person who cannot complete a statement of ordinary residence under subsection (1) because he or she did not have a place of ordinary residence in Canada when enrolled in or hired by the Canadian Forces shall, without delay after being able to indicate a place referred to in paragraph (4)(a) or (b) as his or her place of ordinary residence, complete a statement of ordinary residence in accordance with subsection (1), indicating that place as his or her place of ordinary residence.

Members of Canadian Forces not entitled to vote

(3) A person who was not qualified as an elector when enrolled in or hired by the Canadian Forces shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) that indicates a place of ordinary residence described in subsection (4).

Change of ordinary residence, etc.

(4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

When no statement completed

(5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) may do so at any time.

Coming into force of amendments

(6) An amendment to a statement of ordinary residence takes effect

Optional information

(7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the elector to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Act, but the elector is not required to provide that information.

S.C. 2000, C.12, S.40

Completion by reserve member not on active service

195. (1) A member of the reserve force of the Canadian Forces who is not on active service and who, at any time during the period beginning on the issue of a writ for a by-election and ending on the Saturday immediately before polling day, is on full-time training or service, shall complete a statement of ordinary residence in the prescribed form that indicates

Completion by reserve member on active service

(2) Every member of the reserve force of the Canadian Forces who is placed on active service, other than a member who immediately before being placed on active service was on full-time training or service and completed a statement of ordinary residence in accordance with subsection (1) after that full-time training or service began, shall complete a statement of ordinary residence in the same form as in subsection (1) that indicates

Members of reserve force not entitled to vote

(3) A member of the reserve force of the Canadian Forces referred to in subsection (1) or (2) who was not qualified as an elector while on full-time training or service shall, without delay after becoming qualified, complete a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, that indicates a place of ordinary residence described in subsection (4).

Change of ordinary residence, etc.

(4) An elector may amend the information in his or her statement of ordinary residence and may indicate as a place of ordinary residence the civic address of

When no statement completed

(5) An elector described in subsection (1), (2) or (3) who has not completed a statement of ordinary residence in accordance with subsection (1) or (2), as the case may be, may do so at any time.

Coming into force of amendments

(6) An amendment to a statement of ordinary residence takes effect

Optional information

(7) In addition to the information specified in subsection (1), the Chief Electoral Officer may invite the member to provide other information that the Chief Electoral Officer considers necessary to implement agreements made under section 55 of the Act, but the member is not required to provide that information.

Statement to be sent to Chief Electoral Officer

196. (1) The original of a statement of ordinary residence of an elector, other than a statement completed under section 195, shall be sent to the Chief Electoral Officer and a copy of that original shall be kept in the unit in which the elector is serving.

Validation

(2) On receiving the statement of ordinary residence, the Chief Electoral Officer shall

Retention of validated statement

(3) On receiving the statement of ordinary residence, the commanding officer shall destroy the copy kept under subsection (1) and keep the validated original with the elector's unit service documents.

Prior statements to be destroyed

(4) On receiving the validated statement of ordinary residence, the commanding officer may destroy any other original or copy of a statement of ordinary residence that was filed with the elector's unit service documents.

Filing of reservists' statements

197. A statement of ordinary residence completed by a member of the reserve force of the Canadian Forces under section 195 shall be filed with the unit in which the member is on full-time training or service or active service, as the case may be.

Retention of statements

198. Statements of ordinary residence shall be retained for a period of one year after a person ceases to be a Canadian Forces elector and may be destroyed at the end of that period.

Coordinating Officer

Designation

199. (1) The Minister of National Defence shall designate a person as a coordinating officer to work, during and between elections, with the Chief Electoral Officer in carrying out the purposes and provisions of this Division and Division 2 of Part 11 of the Act.

Duties

(2) The coordinating officer shall, on request, provide to the Chief Electoral Officer the following information relating to each elector whose address of ordinary residence is in an electoral district where a by-election has been called:

Steps to Prepare for Vote

Duties of Chief Electoral Officer

200. Without delay after the issue of a writ for a by-election, the Chief Electoral Officer shall inform the Minister of National Defence and the coordinating officer of the writ's issue and of the location of voting territories and administrative centres.

201. Not applicable.

Duties of coordinating officer

202. On being informed of the issue of a writ for a by-election, the coordinating officer shall inform each commanding officer of its issue.

203. Not applicable.

Duties of Commanding Officers

Notice

204. (1) On being informed of the issue of a writ for a by-election, each commanding officer shall publish in the prescribed form, as part of unit orders, a notice that the by-election has been called, stating the date of polling day and informing electors who are entitled to vote at the by-election that they may vote in accordance with this Division by special ballot.

(2) Not applicable.

(3) Not applicable.

205. Not applicable.

206. Not applicable.

207. Not applicable.

208. Not applicable.

List of candidates

209. On receiving the list of candidates, the commanding officer shall

Voting

210. Not applicable.

211. Not applicable.

212. Not applicable.

Provision of voting kit

213. (1) As soon as possible after the issue of a writ for a by-election, the special voting rules administrator shall send to every elector whose ordinary residence, as indicated in the elector's statement of ordinary residence, is located in the electoral district in which the by-election has been called, a voting kit containing a special ballot, an inner envelope and an outer envelope.

Voting on special ballot

(2) The elector shall use the special ballot to vote by writing on it the name of the candidate of his or her choice, folding the special ballot,

Writing candidate's name

(3) 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.

Spoiled special ballot

(4) If an elector has inadvertently handled a special ballot in such a manner that it cannot be used, the elector shall communicate with the special voting rules administrator who shall classify the ballot as spoiled, cancel the original and issue another voting kit to the elector.

Limit

(5) An elector shall not be given more than one special ballot under subsection (4).

Deadline for return of vote

214. (1) In order to be counted, an outer envelope must be received by the special voting rules administrator in Ottawa not later than 6:00 p.m. on polling day.

Sending the outer envelope

(2) It is the elector's responsibility to ensure that the outer envelope is sent to the special voting rules administrator.

Postage

(3) It is the elector's responsibility to ensure that sufficient postage is affixed to the outer envelope.

215. Not applicable.

Assistance

216. (1) If an elector is, because of a physical disability, unable to vote in the manner described in this Division, the elector shall designate a person to assist him or her by

Note and keeping vote secret

(2) The person who assists the elector and the witness shall

217. Not applicable.

218. Not applicable.

219. Not applicable.