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November 9, 2010 – Advance Polling

NOVEMBER 29, 2010 BY-ELECTIONS in the ELECTORAL DISTRICTS of
DAUPHIN–SWAN RIVER–MARQUETTE, VAUGHAN and
WINNIPEG NORTH

ADAPTATION OF THE CANADA ELECTIONS ACT
PURSUANT TO SUBSECTION 17(1) OF THAT ACT
FOR THE PURPOSES OF ADVANCE POLLING

WHEREAS by-elections were called on October 24, 2010 in the electoral districts of Dauphin–Swan River–Marquette, Vaughan and Winnipeg North;

WHEREAS the Canada Elections Act provides for fewer election officers at advance polls than for ordinary polls on polling day;

WHEREAS the Act did not foresee that a growing number of electors are choosing to vote at advance polls;

WHEREAS certain advance polling stations may consequently have a very high number of ballots to count;

WHEREAS the deputy returning officer and poll clerk are responsible for the counting of votes;

WHEREAS the Act does not provide for the appointment of additional election officers where necessary to effectively conduct an advance poll;

AND WHEREAS subsection 17(1) of the Act prescribes the following:

17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

THEREFORE, pursuant to subsection 17(1) of the Act, the Chief Electoral Officer hereby adapts the Canada Elections Act as follows for the purposes of conducting an advance poll:

1. Section 32 is adapted by adding immediately after paragraph 32(b) the following additional paragraphs (b.1) and (b.2):

(b.1) such additional poll clerks, with the prior approval of the Chief Electoral Officer, to assist, as required, the deputy returning officer and the poll clerk mentioned in paragraph (b) at advance polling stations in the electoral district;

(b.2) additional deputy returning officers and poll clerks working in pairs to assist the deputy returning officer and the poll clerk referred to in paragraph (b) in the counting of votes at advance polls in an electoral district in which more than 750 electors voted;

2. Section 39 is adapted by adding immediately after subsection 39(2) the following additional subsection (2.1):

(2.1) The returning officer may appoint, for each registration desk established for an advance polling station, one or more registration officers, in accordance with the instructions of the Chief Electoral Officer and notwithstanding subsections (3) and (4), to receive, on advance polling days, the applications for registration of electors whose names are not on the list of electors.

3. The Act is adapted by adding immediately after section 168 the following additional section:

168.1 (1) When a returning officer establishes an advance polling station, the returning officer may appoint, with the prior approval of the Chief Electoral Officer, one or more information officers to provide information to the electors and to collect the voter information cards.

(2) For each advance polling station, the returning officer may appoint, with the prior approval of the Chief Electoral Officer, one or more central poll supervisors, to attend at the advance polling station on advance polling days to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.

4. Subsection 169(1) is adapted to read as follows:

169. (1) Every elector whose name is not on the revised list of electors may register in person before the deputy returning officer or the registration officer in the advance polling station where the elector is entitled to vote.

5. Subsection 169(3) is adapted to read as follows:

(3) If the elector satisfies the requirements of subsection (2), the deputy returning officer or the registration officer shall complete a registration certificate in the prescribed form and the elector shall sign it.

6. Section 283 is adapted to read as follows:

283. (1) Immediately after the close of a polling station, the deputy returning officer or additional deputy returning officer referred to in paragraph 32(b.2) shall count the votes in the presence of the poll clerk or additional poll clerk referred to in paragraph 32(b.2) and any candidates or their representatives who are present or, if no candidates or representatives are present, in the presence of at least two electors.

(2) The deputy returning officer or additional deputy returning officer referred to in paragraph 32(b.2) shall supply the poll clerk or additional poll clerk referred to in paragraph 32(b.2) and all the persons referred to in subsection (1) who are present and who so request with a tally sheet to keep their own score of the voting.

(3) The deputy returning officer shall, in the following order,

(a) count the number of electors who voted at the polling station, make an entry at the end of the list of electors that states "The number of electors who voted at this election in this polling station is (stating the number)", sign the list, and place the list in the envelope supplied for the purpose;

(b) count the spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots, and seal it;

(c) count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots, and seal it;

(d) total the numbers arrived at in paragraphs (a) to (c) in order to ascertain that all ballots that were provided by the returning officer are accounted for;

(e) open the ballot box and empty its contents onto a table.

(4) The deputy returning officer or additional deputy returning officer referred to in paragraph 32(b.2) shall examine each ballot, show the ballot to each person who is present, and ask the poll clerk or additional poll clerk referred to in paragraph 32(b.2) 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.

7. That portion of section 284 that precedes paragraph (1)(b) is adapted to read as follows:

284. (1) In examining the ballots, the deputy returning officer or additional deputy returning officer referred to in paragraph 32(b.2) shall reject one

(a) that has not been supplied by the deputy returning officer;

8. That portion of section 285 that precedes paragraph (a) is adapted to read as follows:

285. If the deputy returning officer or additional deputy returning officer referred to in paragraph 32(b.2) determines that the deputy returning officer has failed to initial a ballot, the deputy returning officer shall, in the presence of the poll clerk or additional poll clerk referred to in paragraph 32(b.2) and witnesses, initial and count the ballot if the deputy returning officer is satisfied that

9. Section 287 is adapted to read as follows:

287. (1) The deputy returning officer and, where applicable, the additional deputy returning officer referred to in paragraph 32(b.2) 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.

(1.1) The deputy returning officer shall prepare a statement of the vote, in the prescribed form, that sets out the total of the number of votes in favour of each candidate and the number of rejected ballots referred to in subsection 287(1), and shall place the original of this statement and of the statements referred to in subsection 287(1) and a copy of all statements in the separate envelopes supplied for the purpose.

(2) The deputy returning officer shall give a copy of the said statements of the vote to each of the candidate's representatives present at the count.

November 9, 2010



Marc Mayrand
Chief Electoral Officer of Canada