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Setting aside of special ballot cast by an elector registered by an election officer as a local elector in the wrong electoral district and preservation of elector's right to vote if entitled to vote in another by-election

ADAPTATION BY INSTRUCTION
PURSUANT TO SECTION 179 OF THE SPECIAL VOTING RULES AS
ADAPTED FOR THE PURPOSES OF A BY-ELECTION

SETTING ASIDE OF SPECIAL BALLOT CAST BY AN ELECTOR
REGISTERED BY AN ELECTION OFFICER AS A LOCAL ELECTOR IN THE
WRONG ELECTORAL DISTRICT AND PRESERVATION OF ELECTOR'S
RIGHT TO VOTE IF ENTITLED TO VOTE IN ANOTHER BY-ELECTION

WHEREAS the Special Voting Rules as Adapted for the Purposes of a By-election do not provide for a deputy returning officer, as a result of the verification under section 276 of these Special Voting Rules, to set aside an outer envelope under section 277 in respect of an elector whose place of ordinary residence is situated in another electoral district;

AND WHEREAS section 277 of the Special Voting Rules as Adapted for the Purposes of a By-election provides that a deputy returning officer set aside an outer envelope unopened when he or she ascertains on its examination that the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot, but that this does not apply to the circumstance described herein;

THEREFORE, pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election, the Chief Electoral Officer adapts section 277 of these Special Voting Rules by adding the following immediately after subsection 277(1):

(1.1) With the prior approval of the special voting rules administrator, an elector is deemed not to have been registered to vote by special ballot, to have been issued a special ballot or to have voted by special ballot where the returning officer has ascertained that the elector was given a special ballot at an office of the returning officer and voted in relation to that election despite the elector’s place of ordinary residence not being in that electoral district.

(1.2) With respect to an elector to whom subsection (1.1) applies, the returning officer shall:

(a) advise the elector without delay that he or she is deemed not to have been registered to vote by special ballot, to have been issued a special ballot or to have voted by special ballot; and

(b) instruct the deputy returning officer to set aside unopened the outer envelope and to follow the procedure described in subsection (3).


October 6, 2009




Marc Mayrand
Chief Electoral Officer of Canada