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Setting aside of an inner envelope not placed in an outer envelope (office of the chief electoral officer)

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

SETTING ASIDE OF AN INNER ENVELOPE NOT PLACED IN AN OUTER
ENVELOPE (OFFICE OF THE CHIEF ELECTORAL OFFICER)

WHEREAS the Special Voting Rules provide that an elector votes by special ballot by placing the ballot in a sealed inner envelope which is placed in a sealed outer envelope;

WHEREAS section 267 of the Special Voting Rules as Adapted for the Purposes of a By-election does not provide for a special ballot officer at the counting of the votes at the office of the Chief Electoral Officer to set aside an inner envelope that is not placed in an outer envelope;

AND WHEREAS in the circumstance where an elector places a special ballot in an inner envelope that is not contained in an outer envelope, it is not possible to ascertain the identity of and other information concerning the elector and to comply with the other requirements of section 267 of the Special Voting Rules as Adapted for the Purposes of a By-election;

THEREFORE, pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election, the Chief Electoral Officer adapts these Special Voting Rules as follows:

1. The following is added immediately after subsection 267(1):

(1.1) The special ballot officers shall set aside unopened an inner envelope that is not contained in an outer envelope.

2. The following is added immediately after subsection 267(3):

(3.1) When an inner envelope is laid aside unopened as described in subsection (1.1),

(a) the inner envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;

(b) at least two special ballot officers shall initial the endorsement; and

(c) the ballot contained in it is deemed to be a spoiled ballot.

3. Subsection 267(4) is adapted to read as follows:

(4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes and outer envelopes that are laid aside under this Division.


October 6, 2009




Marc Mayrand
Chief Electoral Officer of Canada