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September 19, 2008 – Setting aside of an inner envelope that was not sealed in an outer envelope (Office of the Chief Electoral Officer)

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

SETTING ASIDE OF AN INNER ENVELOPE NOT PLACED IN AN OUTER
ENVELOPE (OFFICE OF THE CHIEF ELECTORAL OFFICER)

WHEREAS the Special Voting Rules provide that an elector votes by special ballot by placing the ballot in a sealed inner envelope which is placed in a sealed outer envelope;

WHEREAS section 267 of the Canada Elections Act does not provide for a special ballot officer at the counting of the votes at the office of the Chief Electoral Officer to set aside an inner envelope that is not sent in an outer envelope;

AND WHEREAS in the circumstance where an elector sends a special ballot in an inner envelope that is not contained in an outer envelope, it is not possible to ascertain the identity of and other information concerning the elector and to comply with the other requirements of section 267 of the Canada Elections Act;

THEREFORE, pursuant to section 179 of the Canada Elections Act, the Chief Electoral Officer adapts the Act as follows:

1. The following is added immediately after subsection 267 (1):

(1.1) The special ballot officers shall set aside unopened an inner envelope that is not contained in an outer envelope.

2. The following is added immediately after subsection 267 (3):

(3.1) When an inner envelope is laid aside unopened as described in subsection (1.1),

(a) the inner envelope shall be endorsed by the special voting rules administrator with the reason why it has been laid aside;

(b) at least two special ballot officers shall initial the endorsement; and

(c) the ballot contained in it is deemed to be a spoiled ballot.

3. Subsection 267(4) is adapted to read as follows:

(4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes and outer envelopes that are laid aside under this Division.


September 19, 2008




Marc Mayrand
Chief Electoral Officer of Canada