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Assistance to an incarcerated elector in completing the application for registration and special ballot

ADAPTATION BY INSTRUCTION
PURSUANT TO SECTION 179 OF THE CANADA ELECTIONS ACT

ASSISTANCE IN COMPLETING AN APPLICATION FOR REGISTRATION AND SPECIAL BALLOT FOR AN INCARCERATED ELECTOR UNABLE TO READ, OR TO COMPLETE THE FORM BECAUSE OF A DISABILITY

WHEREAS Division 5 of Part 11 of the Canada Elections Act provides a process to allow persons who are imprisoned in a correctional institution to vote;

WHEREAS section 257 of that Act requires that, before delivering a special ballot to an elector, the deputy returning officer for a correctional institution require the elector to complete an application for registration and special ballot, if the elector has not already done so;

WHEREAS section 259 of that Act provides that, if an elector is unable to read or because of a physical disability is unable to vote by special ballot, the deputy returning officer shall assist the elector by completing the required declaration on the outer envelope and marking the special ballot;

AND WHEREAS section 259 of that Act does not provide that the deputy returning officer may assist such an elector in completing the application for registration and special ballot;

THEREFORE, pursuant to section 179 of the Canada Elections Act, the Chief Electoral Officer adapts subsection 259(1) of the Act as follows:

259. (1) If an elector is unable to read or because of a physical disability is unable to complete an application for registration and special ballot and vote under this Division, the deputy returning officer shall assist the elector by

(a) completing the application for registration and special ballot and 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 the poll clerk.


April 15, 2011



Marc Mayrand
Chief Electoral Officer of Canada