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September 19, 2008 – Incarcerated elector using the address of a correctional institution as their place of ordinary residence

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

SETTING ASIDE OF OUTER ENVELOPE OF INCARCERATED ELECTOR
WHO INDICATED ON APPLICATION FOR SPECIAL BALLOT THAT A
CORRECTIONAL INSTITUTION WAS HIS OR HER PLACE OF
ORDINARY RESIDENCE

WHEREAS subsection 251(2) of the Canada Elections Act provides the means of establishing the place of ordinary residence of an incarcerated elector, and that under no circumstance can the elector claim as his or her place of ordinary residence the address of a correctional institution;

WHEREAS section 252 of the Canada Elections Act does not provide for the omission from the list of electors of an incarcerated elector whose Application for Registration and Special Ballot contains the address of the correctional institution as the elector's place of ordinary residence;

AND WHEREAS section 267 of the Act does not require special ballot officers to set aside an outer envelope in respect of an elector whose application fails to conform to subsection 251(2) of the Act;

THEREFORE, pursuant to section 179 of the Canada Elections Act, the Chief Electoral Officer adapts the Act by renumbering section 252 as subsection 252(1), and by adding the following:

(2) Notwithstanding subsection (1), an application for registration and special ballot by an incarcerated elector that, contrary to subsection 251(2), contains the address of a correctional institution as the elector's place of ordinary residence, is not deemed to be included on the list of electors who vote under this Division.

(3) Any outer envelope received by the special voting rules administrator that is determined, on its examination, to have been issued pursuant to an application for registration and special ballot described in subsection (2) shall be set aside unopened by the special ballot officers following the procedure described in section 267.


September 19, 2008




Marc Mayrand
Chief Electoral Officer of Canada