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Adaptation to allow for certain ballots to be counted

ADAPTATION
PURSUANT TO SECTION 179 OF THE CANADA ELECTIONS ACT
FOR THE PURPOSES OF THE BY-ELECTION ON NOVEMBER 25, 2013 IN THE ELECTORAL DISTRICT OF TORONTO CENTRE (ONTARIO)

TO ALLOW FOR CERTAIN BALLOTS CAST PURSUANT TO PART 11 OF THE CANADA ELECTIONS ACT TO BE COUNTED

WHEREAS a by-election was called in the electoral district of Toronto Centre (Ontario) on October 20, 2013 with polling day on November 25, 2013;

WHEREAS section 241 of the Canada Elections Act ("the Act") 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) and 227(2)(b) to (d) of the Act and return the outer envelope to the election officer;

WHEREAS in the case of 153 electors who cast their ballot in the offices of the returning officer for the electoral district of Toronto Centre (Ontario), ballots were not placed in either an inner or an outer envelope in accordance with paragraphs 227(2)(b) to (d) of the Act 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 Act 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;

WHEREAS all 153 electors whose ballots were placed in the ballot boxes were determined by an election officer to be entitled to vote in the electoral district;

WHEREAS allowing the ballots to be counted in the circumstances of this situation would not threaten the integrity of the ballot given that all electors who voted in this way had their applications and required identification verified by an election officer in the returning office, and that voting took place in the returning office;

AND WHEREAS section 179 of the Act provides that:

179. For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

THEREFORE, pursuant to section 179 of the Act, the Chief Electoral Officer adapts sections 276 and 278 of the Act for the counting of the special ballots at the returning officer's office as follows:

276. (1.1) 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 properly completed the application form, and that the ballots were placed in a ballot box to preserve the integrity of the vote, the requirement to verify the outer envelopes does not apply with respect to those ballots.

278 (1.1) In the case where a count includes ballots referred to in subsection 276 (1.1), the deputy returning officer and poll clerk shall set aside any ballot box which includes such ballots until the close of the polls.

278 (2.1) After the close of polls, the deputy returning officer and the poll clerk shall open the ballot box set aside pursuant to subsection (1.1), retrieve and open any outer envelopes found in that box and put all the inner envelopes in the ballot box referred to under subsection (2), along with all other inner envelopes. Once all such envelopes have been removed from the box referred to in subsection (1.1), the ballots in that box can be counted.


November 22, 2013



Marc Mayrand
Chief Electoral Officer of Canada