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October 24, 2008 – Validation of results for merged polling divisions and advance polling district

40TH GENERAL ELECTION
POLLING DAY OCTOBER 14, 2008



ADAPTATION OF SECTION 295 OF THE CANADA ELECTIONS ACT PURSUANT TO SUBSECTION 17(1) OF THAT ACT

WHEREAS the 40th federal general election was called on September 7, 2008, with polling day held on October 14, 2008;

WHEREAS sections 283 to 288 of the Canada Elections Act require that, immediately after the close of a polling station, the deputy returning officer count the votes cast for each candidate in that polling division, fill out a statement of the vote for the polling division, mark on envelopes in which the ballots are sealed the number of votes cast for each candidate, and seal these envelopes, along with a copy of the statement of the vote, in the ballot box for the polling division;

WHEREAS subsection 289(2) provides for the same process to be used to count the votes cast at an advance polling station for an advance polling district;

WHEREAS section 293 requires that the returning officer validate the results from the original statements of the vote completed for each polling division and advance polling district within the electoral district;

WHEREAS section 295 provides that the copy of the statement of vote sealed in the ballot box be used to perform the validation of the vote if the original statement of the vote is missing, and that if both the original and the copy of the statement of the vote are missing, that the number of votes cast for each candidate marked on the envelopes containing the ballots be used;

WHEREAS in the electoral district of Nunavut, the deputy returning officers of polling divisions 24A and 24B and advance polling district 608 proceeded, by error, to count the ballots for these two polling divisions and this advance polling district together, to complete a single statement of the vote for them, and to seal all of the ballots in a single series of envelopes, which were sealed in one ballot box;

WHEREAS the original and the copy of the statement of the vote completed for these two polling divisions and this advance polling district are missing, but that the envelopes containing the ballots are marked with the number of votes cast for each candidate, which correspond to the numbers written by the deputy returning officer on a copy of the statement of the vote that was given to a candidate's representative after the counting of the vote;

AND WHEREAS subsection 17(1) of the Canada Elections Act prescribes the following:

17. (1) During an election period or within 30 days after it, if an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act and, in particular, may extend the time for doing any act, subject to subsection (2), or may increase the number of election officers or polling stations.

THEREFORE, the Canada Elections Act is hereby adapted to add the following subsection 295(2.1) immediately after subsection 295(2):

(2.1) With respect to polling divisions 24A and 24B and advance polling district 608 in the electoral district of Nunavut, the returning officer shall use the information that is written on the envelopes that contain the ballots for validating the results for these two polling divisions and this advance polling district, as if they had been merged pursuant to section 108, and these combined polling division and advance polling district results will be validated as if they were for a single merged polling division for all other purposes under the Act.

 

October 24, 2008




Marc Mayrand
Chief Electoral Officer of Canada