Special Voting Rules as Adapted for the Purposes of a By-election
Definition of "elector"
244. For the purpose of this Division, "elector" means an incarcerated elector.
Entitlement to vote
245. (1) Every person who is incarcerated and who is otherwise qualified to vote under the Act is entitled to vote under this Division at a by-election for an electoral district in which the person's place of ordinary residence is located if his or her application for registration and special ballot is received by the special voting rules administrator in Ottawa after the issue of the writ for a by-election in the electoral district and before 6:00 p.m. on the 6th day before polling day.
Exercise of right to vote
(2) An elector is not entitled to vote under this Division unless he or she has signed an application for registration and special ballot under section 251 and a declaration described in section 258.
Vote to be in electoral district
(3) An elector is entitled to vote under this Division only for a candidate in the electoral district in which his or her place of ordinary residence is situated as shown on the application for registration and special ballot made by the elector under section 251.
Designation of coordinating officers
246. The ministers responsible for corrections in the provinces shall each designate a person as a coordinating officer to work, during and between elections with the Chief Electoral Officer to carry out the purposes and provisions of this Division and of Division 5 of Part 11 of the Act.
Notification of issue of the writs
247. (1) Without delay after the issue of a writ for a by-election, the Chief Electoral Officer shall inform each coordinating officer of its issue and of the location of any administrative centre.
Designation of liaison officers
(2) On being informed of the issue of the writ, the coordinating officer shall
- (a) designate one or more persons to act as liaison officers in each correctional institution in connection with the taking of the votes of electors;
- (b) inform the Chief Electoral Officer of the name and address of each liaison officer; and
- (c) give each liaison officer all necessary information on taking the votes of electors.
248. (1) The Chief Electoral Officer shall appoint persons designated under paragraph 247(2)(a) in the prescribed form.
Duty to cooperate
(2) During the election period, a liaison officer shall cooperate with the Chief Electoral Officer in the administration of the registration and the taking of the votes of electors.
249. Not applicable.
Notice of by-election
250. (1) A liaison officer shall, without delay after being appointed, post a notice in the prescribed form in a prominent place in the correctional institution that informs electors that a by-election has been called, and of the dates by which the special voting rules administrator must receive the applications for registration and special ballot as well as the ballots cast.
Entitlement to vote
(1.1) The notice shall inform electors that they may vote by special ballot, and that their entitlement to vote is determined by their place of ordinary residence as determined under subsection 251(2).
(2) Not applicable.
Application for registration and special ballot
251. (1) Each liaison officer shall ensure that an application for registration and special ballot in the prescribed form is made available to every elector of the correctional institution who wishes to vote and whose place of ordinary residence as determined under subsection (2) is located in the electoral district where the by-election is taking place.
Residence of elector
(2) The place of ordinary residence of an elector is the first of the following places for which the elector knows the civic and mailing addresses:
- (a) his or her residence before being incarcerated;
- (b)the residence of the spouse, the common-law partner, a relative or a dependant of the elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her incarceration;
- (c) the place of his or her arrest; or
- (d) the last court where the elector was convicted and sentenced.
(3) In addition to providing his or her place of ordinary residence, 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.
(4) Each application for registration and special ballot shall be sent to the Chief Electoral Officer for validation with the name of the electoral district in which is situated the place of ordinary residence shown in the application.
Chief Electoral Officer provides ballot
(5) If the Chief Electoral Officer validates an application that indicates that the elector's place of ordinary residence is located in the electoral district where the by-election is held, the Chief Electoral Officer shall send a special ballot, an inner envelope and an outer envelope to the elector.
S.C. 2000, c. 12, s. 40.
252. Not applicable.
253. Not applicable.
254. Not applicable.
255. Not applicable.
256. Not applicable.
257. Not applicable.
Voting by special ballot
258. (1) The elector shall vote by writing on the special ballot the given name or initials and surname of the candidate of the elector's choice and, if two or more candidates have the same name, their political affiliation. The elector shall then fold the special ballot,
- (a) place the ballot in the inner envelope and seal the envelope;
- (b) place the inner envelope in the outer envelope; and
- (c) sign the declaration on the outer envelope and seal it.
(2) Not applicable.
Spoiled special ballot
(3) 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 it as spoiled, cancel the original, and issue another voting kit to the elector.
(4) An elector shall not be given more than one special ballot under subsection (3).
259. (1) If an elector is unable to read or because of a physical disability is unable to vote under this Division, the elector shall designate a person to assist him or her 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 special ballot as directed by the elector in his or her presence and in the presence of another person selected by the elector as a witness.
Note on outer envelope
(2) The person who assisted the elector and the witness shall sign a note on the outer envelope indicating that the elector was assisted.
Sending outer envelope
259.1 Outer envelopes containing votes cast in correctional institutions shall be dispatched by the elector by ordinary mail or such other facility as may be available and expeditious to be received by the special voting rules administrator in Ottawa no later than 6:00 p.m. on polling day.
260. Not applicable.
261. Not applicable.
Integration into final list of electors
262. The applications for registration and special ballot shall be integrated into the final list of electors referred to in section 109 of the Act.
Chief Electoral Officer
262.1 The Chief Electoral Officer shall, where he or she deems it necessary for the better administration of these Rules, communicate directly with the Minister responsible for corrections in the provinces.