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October 7, 2008 – Elector who did not receive his or her special ballot

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



SECOND SPECIAL BALLOT ISSUED TO AN ELECTOR WHO SWEARS UNDER OATH THAT HE OR SHE DID NOT RECEIVE THE SPECIAL BALLOT ISSUED BY THE OFFICE OF THE RETURNING OFFICER



WHEREAS sections 235 of the Canada Elections Act provide that once an elector's application for registration and special ballot has been accepted, the elector may only vote under the special voting rules;

WHEREAS section 237 of that Act provides that on acceptance of an elector's application for registration and special ballot, the elector shall be given a special ballot, an inner envelope and an outer envelope, which together are commonly known as a special ballot voting kit;

WHEREAS an elector receives the special ballot voting kit by mail, unless he or she applies in person at the office of the returning officer for registration and a special ballot;

WHEREAS in some cases, despite the fact that a special ballot voting kit was mailed to the elector, this special ballot voting kit is not received by the elector;

WHEREAS the Canada Elections Act does not allow for a second special ballot voting kit to be issued to an elector by the office of the returning officer;

WHEREAS paragraph 277(1)(c) of that Act provides that, at the counting of the votes at the office of the returning officer, the deputy returning officer sets aside unopened an outer envelope where he or she ascertains that more than one ballot has been issued to an elector;

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

  1. The following section 237.1 is added immediately after section 237:

    237.1. On presentation of a statement signed under oath by the elector that he or she did not receive the special ballot, the inner envelope and the outer envelope sent by the office of the returning officer pursuant to section 237, the returning officer may, with the prior approval of the special voting rules administrator, issue to the elector a new special ballot, or, if the elector attends in person at the office of the returning officer, a ballot that is not a special ballot, an inner envelope and an outer envelope.

  2. Paragraph 277(1)(c) of the Act is adapted as follows:

    (c) more than one ballot has been issued to an elector, other than as provided under section 237.1;

  3. The following paragraph 277(1)(c.1) is added immediately after this new paragraph 277(1)(c):

    (c.1) an elector in respect of whom section 237.1 applies has voted more than once, in which case, all of the elector's outer envelopes are set aside; or

October 7, 2008




Marc Mayrand
Chief Electoral Officer of Canada