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September 19, 2008 – Setting aside of the outer envelope of an elector who was registered and voted in the wrong electoral district

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

SETTING ASIDE OF SPECIAL BALLOT CAST BY AN ELECTOR
REGISTERED BY ELECTION OFFICER AS A LOCAL ELECTOR IN THE
WRONG ELECTORAL DISTRICT AND PRESERVATION OF ELECTOR'S
RIGHT TO VOTE

WHEREAS the Canada Elections Act does not provide for a deputy returning officer, as a result of the verification under section 276 of the Act, to set aside an outer envelope under section 277 of the Act in respect of an elector who should have been registered and voted in another electoral district;

AND WHEREAS the requirement in section 277 of the Canada Elections Act that a deputy returning officer set aside an outer envelope unopened when he or she ascertains on its examination that the information concerning the elector, as described on the outer envelope, does not correspond with the information on the application for registration and special ballot, does not apply to the circumstance described herein;

THEREFORE, pursuant to section 179 of the Canada Elections Act, the Chief Electoral Officer adapts section 277 of the Act by adding the following immediately after subsection 277(1):

(1.1) With the prior approval of the special voting rules administrator, an elector is deemed not to have been registered to vote by special ballot, to have been issued a special ballot or to have voted by special ballot where the returning officer has ascertained that the elector was given a special ballot at an office of the returning officer and voted in relation to that election despite the elector's place of ordinary residence not being in that electoral district.

(1.2) With respect to an elector to whom subsection (1.1) applies, the returning officer shall:

  • (a) advise the elector without delay that he or she is deemed not to have been registered to vote by special ballot, to have been issued a special ballot or to have voted by special ballot; and
  • (b) instruct the deputy returning officer to set aside unopened the outer envelope and to follow the procedure described in subsection (3).

September 19, 2008




Marc Mayrand
Chief Electoral Officer of Canada