Setting aside of special ballot cast by a national elector registered by election officer in the wrong electoral district and preservation of elector's right to vote
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 A NATIONAL ELECTOR
REGISTERED BY ELECTION OFFICER IN THE WRONG ELECTORAL
DISTRICT AND PRESERVATION OF ELECTOR'S RIGHT TO VOTE
WHEREAS the Special Voting Rules as Adapted for the Purposes of a By-election does not provide for the special ballot officers to set aside an outer envelope under section 267 of the Rules in respect of a national elector who submitted a valid application for registration and special ballot, but who was registered in the wrong electoral district by an election officer;
AND WHEREAS the Rules do not provide that a second special ballot is issued to an elector in such circumstances;
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 267 of these Special Voting Rules by adding the following immediately after subsection 267(2):
(2.1) On the request of the elector, and with the prior approval of the special voting rules administrator, an elector who submitted a valid application for registration and special ballot but who voted at the election in an electoral district other than the one where he or she ordinarily resides because of an error by an election officer is deemed not to have been issued a special ballot or to have voted by special ballot.
(2.2) With respect to an elector to whom subsection (2.1) applies, the special voting rules administrator shall:
(a) without delay, advise the elector and the election officer who accepted the elector’s application for registration and special ballot that he or she is deemed not to have been issued a special ballot nor to have voted by special ballot; and
(b) instruct the special ballot officers to set aside unopened the outer envelope and to follow the procedure described in subsection (3).
October 6, 2009
Chief Electoral Officer of Canada