Special Voting Rules as Adapted for the Purposes of a By-election
Electors Residing in Canada
Definition of "elector"
231. For the purpose of this Division, "elector" means an elector, other than a Canadian Forces elector or an incarcerated elector, who resides in Canada in an electoral district where a by-election has been called and who wishes to vote in accordance with this Division.
Conditions for voting by special ballot
232. An elector may vote under this Division if his or her application for registration and special ballot is received after the issue of the writ for a by-election in an electoral district and before 6:00 p.m. on the 6th day before polling day
- (a) by the returning officer in that electoral district; or
- (b) by the special voting rules administrator.
Information required for application
233. (1) The application for registration and special ballot shall be in the prescribed form and shall include the following information:
- (a) the elector's name and place of ordinary residence;
- (b) the elector's date of birth;
- (c) satisfactory proof of the elector's identity and residence;
- (d) the elector's mailing address; and
- (e) any other information that the Chief Electoral Officer considers necessary to determine the elector's entitlement to vote.
Electors in danger
(1.1) An elector who would be under reasonable apprehension of bodily harm if he or she were to indicate the mailing address of his or her dwelling place for the purpose of paragraph (1)(d) may apply to the returning officer or special voting rules administrator to use another address for that purpose. The returning officer or special voting rules administrator, unless he or she considers that it would not be in the public interest to do so, shall grant the application and shall not reveal that other address except as required to send the special ballot to the elector. For greater certainty, the granting of the application does not change the elector's place of ordinary residence for the purposes of the Act.
(2) In addition to the information specified in subsection (1), 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 of the Act, but the elector is not required to provide that information.
(3) An elector who makes an application for registration and special ballot shall indicate whether his or her name is already on a list of electors.
Name of elector previously included on list of electors
234. (1) The special voting rules administrator shall inform the returning officer of any elector whose name is on a list of electors for the returning officer's electoral district and who, during the election period, has received a special ballot from another electoral district. The returning officer shall indicate on the list of electors that the elector has received a special ballot.
Name of elector not previously included on list
(2) If an elector's name is not already included on a list of electors, the special voting rules administrator shall so inform the returning officer for the electoral district in which the elector is to vote by special ballot. The returning officer shall enter the elector's name on the list of electors for the appropriate polling division and shall indicate that the elector has received a special ballot.
Vote by special ballot only
235. Once an elector's application for registration and special ballot has been accepted, the elector may only vote under this Division.
Note on the list of electors
236. If an elector applies for registration and special ballot, the returning officer shall, if necessary, add the elector's name to the appropriate list of electors and shall indicate on the list that the elector has received a ballot in accordance with this Division.
237. Subject to section 237.1, on acceptance of an elector's application for registration and special ballot, the elector shall be given a special ballot, or, if section 241 applies, a ballot, an inner envelope and an outer envelope.
Proof of identity and residence
237.1 (1) If an elector goes to the office of a returning officer to receive his or her ballot or special ballot, then before receiving it the elector shall prove his or her identity and residence in accordance with section 143 of the Act.
Presence of candidate or representative
(2) A candidate or their representative may be present at the office when the elector
- (a) receives the ballot;
- (b) places the folded ballot in the inner envelope and seals it; and
- (c) places the inner envelope in the outer envelope and seals it.
Examination of identification documents
(3) The candidate or representative may examine but not handle any piece of identification provided by the elector.
Prohibition — attesting to residence of more than one elector
(3.1) No elector shall attest to the residence of more than one elector at an election.
Prohibition — attesting to residence (own residence attested to)
(3.2) No elector whose own residence has been attested to at an election shall attest to another elector's residence at that election.
Application of provisions
(4) For the purposes of this section, the following provisions of the Act apply with any necessary modifications in respect of the location in the returning officer's office where the elector receives his or her ballot or special ballot as though that location were a polling station:
- (a) sections 135 to 137;
- (b) sections 143 and 144;
- (c) subsection 164(1);
- (d) section 166; and
- (e) paragraph 489(3)(c).
Voting by special ballot
238. An elector who has received a special ballot may vote in accordance with subsections 227(2) and (3).
Sending to Chief Electoral Officer
239. (1) An elector who does not vote in his or her electoral district shall send the sealed outer envelope to the special voting rules administrator
- (a) by mail or any other means;
- (b) not applicable.
Deadline for receipt
(2) In order to have the special ballot counted, an elector shall ensure that the ballot is received
- (a) if the special ballot is cast in the elector's electoral district, at the office of the returning officer before the close of the polling stations on polling day; or
- (b) if the special ballot is cast outside the elector's electoral district, at the office of the special voting rules administrator in Ottawa, not later than 6:00 p.m. on polling day.
Responsibilities of elector
240. For the purpose of this Division, an elector has the sole responsibility to ensure that
- (a) his or her application for registration and special ballot is made within the period specified; and
- (b) his or her special ballot is received within the period specified to be counted as a vote.
Elector to be given regular ballot
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) of the Act and 227(2)(b) to (d) of this Division and return the outer envelope to the election officer.
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.
(2) An elector shall not be given more than one ballot under subsection (1).
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
- (a) completing the declaration on the outer envelope and writing the elector's name where his or her signature is to be written; and
- (b) marking the ballot as directed by the elector in his or her presence.
Note on outer envelope
(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.
Registration, voting at home
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
- (a) completing the declaration on the outer envelope and writing the elector's name where the elector's signature is to be written; and
- (b) marking the ballot as directed by the elector in the elector's presence.
Note on outer envelope
(2) The 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.