March 17, 2008 – Special Voting Rules
MARCH 17, 2008 BY-ELECTIONS
ELECTORAL DISTRICTS of
DESNETHÉ—MISSINIPPI—CHURCHILL RIVER, TORONTO CENTRE,
VANCOUVER QUADRA and WILLOWDALE
ADAPTATION BY INSTRUCTION PURSUANT TO SECTION 179 OF THE
SPECIAL VOTING RULES AS ADAPTED FOR THE PURPOSES OF A
WHEREAS by-elections were called on December 21, 2007 in the electoral districts of Desnethé–Missinippi–Churchill River, Toronto Centre, Vancouver Quadra and Willowdale, with polling day to be held on March 17, 2008.
AND WHEREAS the Special Voting Rules as Adapted for the Purposes of a By-election require that an elector vote by special ballot by placing the ballot in the inner envelope and sealing it, placing the inner envelope in the outer envelope and signing the declaration on the outer envelope and sealing it and sending the sealed outer envelope to the Chief Electoral Officer;
AND WHEREAS on March 14, 2008 the Chief Electoral Officer received a mailing envelope containing an inner envelope but no outer envelope;
AND WHEREAS the Special Voting Rules as Adapted for the Purposes of a By-election do not provide for a special ballot officer to set aside an inner envelope that is not sent in an outer envelope;
AND WHEREAS it is therefore not possible to ascertain the identity and other information concerning the elector and to comply with other requirements of section 267;
AND WHEREAS section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election provides that "For the purpose of applying or adapting these Rules to a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary to execute their intent."
THEREFORE, pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election, the Chief Electoral Officer hereby instructs that the Special Voting Rules as Adapted for the Purposes of a By-election be adapted as follows:
1. Section 267 is adapted by adding immediately after subsection (1) the following subsection:
(1.1) The special ballot officers shall set aside unopened an inner envelope that is not contained in an outer envelope.
2. Section 267 is adapted by adding immediately after subsection (3) the following subsection:
(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.
Dated March 17, 2008
Chief Electoral Officer of Canada