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November 21, 2012 – No Outer Envelope

Adaptation by instruction
pursuant to section 179 of the special voting rules as
adapted for the purposes of a by-election

To allow for certain special ballots that were not
placed in an outer envelope to be counted

Whereas section 241 of the Special Voting Rules as Adapted for the Purposes of a By-election provides that an elector who applies to vote in person in the office of the returning officer after ballots for the electoral district have been printed shall be given a ballot that is not a special ballot and shall immediately vote in the manner described in paragraphs 151(1)(a) and (b) of the Canada Elections Act and 227(2)(b) to (d) of the Special Voting Rules as Adapted for the Purposes of a By-election and return the outer envelope to the election officer;

Whereas some electors may not place their ballot in an outer envelope in accordance with paragraphs 227(2)(c) to (d) of the Special Voting Rules as Adapted for the Purposes of a By-election due to an error in the instructions given to the electors by an election officer;

Whereas ballots cast at the office of the returning officer that are not placed in an outer envelope cannot be counted pursuant to the verification and counting process set out in sections 276 to 278 of the Special Voting Rules as Adapted for the Purposes of a By-election and in instructions issued to election officers by the Chief Electoral Officer, with the result that the electors in question would not have their votes counted due to the aforementioned error;

Therefore, pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election, the Chief Electoral Officer adapts sections 276 and 278 of these Special Voting Rules for the counting of the special ballots at the returning officer's office as follows:

   276. (1.1) Subject to the agreement of the special voting rules administrator, the requirement to verify the outer envelopes does not apply where an outer envelope has not been completed due to erroneous instructions given by an election officer, but the returning officer is satisfied that the ballots were properly cast by residents of the electoral district who

(a) properly completed the application form,

(b) had their applications and required identification verified by an election officer in the office of the returning officer,

(c) voted in the presence of an election officer, and

(d) whose ballots were placed in a ballot box to preserve the integrity of the vote.

   278. (4) In the case where a count includes ballots referred to in subsection 276 (1.1), the deputy returning officer and poll clerk, shall, before unfolding or counting the ballots removed from the inner envelopes, place all such ballots in a single ballot box with all ballots identified under subsection 276(1.1). After all the ballots are so combined, the counting process may commence.



November 21, 2012

Marc Mayrand
Chief Electoral Officer of Canada