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October 10, 2008 – Setting aside of the outer envelope of an elector who was registered as a national elector 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 A NATIONAL ELECTOR REGISTERED BY ELECTION OFFICER IN THE WRONG ELECTORAL DISTRICT AND PRESERVATION OF ELECTOR’S RIGHT TO VOTE

WHEREAS the Canada Elections Act does not provide for the special ballot officers to set aside an outer envelope under section 267 of the Act in respect of a national elector who submitted a valid application for registration and special ballot, but who was registered in the wrong electoral district by an election officer;

AND WHEREAS the Act does not provide that a second special ballot is issued to an elector in such circumstances;

THEREFORE, pursuant to section 179 of the Canada Elections Act, the Chief Electoral Officer adapts section 267 of the Act by adding the following immediately after subsection 267(2):

(2.1) On the request of the elector, and with the prior approval of the special voting rules administrator, an elector who submitted a valid application for registration and special ballot but who voted at the election in an electoral district other than the one where he or she ordinarily resides because of an error by an election officer is deemed not to have been issued a special ballot or to have voted by special ballot.

(2.2) With respect to an elector to whom subsection (2.1) applies, the special voting rules administrator shall:

(a) without delay, advise the elector and the election officer who accepted the elector’s application for registration and special ballot that he or she is deemed not to have been issued a special ballot nor to have voted by special ballot; and

(b) instruct the special ballot officers to set aside unopened the outer envelope and to follow the procedure described in subsection (3).


October 10, 2008




Marc Mayrand
Chief Electoral Officer of Canada