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179-G-2019-02 – Setting aside the vote cast by an incarcerated elector who indicated a correctional institution as his or her place of ordinary residence

Canada Elections Act

43rd General Election

Instructions for the setting aside of a special ballot cast by an incarcerated elector who indicated in error on his or her application for registration and special ballot that his or her place of ordinary residence is a correctional institution

Date of issue: September 16, 2019

Number: 179-G-2019-02

Whereas the Canada Elections Act ("the Act") Part 11, Division 5, permits every incarcerated electors who wishes to vote to make an application for registration and special ballot and to vote by special ballot;

Whereas subsection 251(2) of the Act provides the means of determining the place of ordinary residence of an incarcerated elector;

Whereas the place of ordinary residence of an incarcerated elector may only be a correctional institution when:

(a) the elector does not know the civic and mailing addresses of the places referred to at paragraphs 251(2)(a) and (b) of the Act and the place referred to at paragraph 251(2)(c) of the Act is a correctional institution; or

(b) the elector does not know the civic and mailing addresses of the places referred to at paragraphs 251(2)(a), (b) and (c) of the Act and the place referred to at paragraph 251(2)(d) of the Act is a correctional institution;

Whereas some incarcerated electors whose place of ordinary residence cannot be a correctional institution, pursuant to subsection 251(2) of the Act, nevertheless provide the address of a correctional institution as the elector's place of ordinary residence on their application for registration and special ballot;

Whereas section 252 of the Act does not provide for the omission from the list of electors of an incarcerated elector whose application for registration and special ballot indicates in error the address of a correctional institution as the elector's place of ordinary residence;

Whereas section 267 of the Act does not require special ballot officers to set aside an inner envelope in respect of an elector whose application fails to conform to subsection 251(2) of the Act;

And whereas section 179 of the Act provides the following:

179. For the purpose of applying this Part to, or adapting any provision of this Part in respect of, a particular circumstance, the Chief Electoral Officer may issue any instructions that he or she considers necessary in order to execute its intent.

Therefore, pursuant to section 179 of the Act, the Chief Electoral Officer issues the following instructions:

1. These instructions apply during a general election, where the application for registration and special ballot of an incarcerated elector indicates as the elector's place of ordinary residence a correctional institution.

2. Where the special voting rules administrator determines that the circumstances described at paragraph 1 apply to an elector, the special voting rules administrator shall ask the liaison officer to confirm whether, with respect to the elector, one of the places referred to at paragraphs 251(2)(c) and (d) of the Act is a correctional institution and, if the answer is affirmative, to provide the special voting rules administrator with the address of that institution.

3. Where the special voting rules administrator is of the opinion that the elector’s application for registration and special ballot indicates in error as the elector's place of ordinary residence a correctional institution, the special voting rules administrator shall instruct the special ballot officers to set aside unopened the inner envelope for that elector and to follow the procedure described in subsection 267(3) of the Act.

4. The application for registration and special ballot associated with the inner envelope that is set aside in accordance with the preceding paragraph shall not be considered for the purpose of section 252 of the Act.

5. These instructions supersede the following instructions: "Adaptation by instruction pursuant to section 179 of the Canada Elections Act: setting aside of outer envelope of incarcerated elector who indicated on application for special ballot that a correctional institution was his or her place of ordinary residence", issued on September 19, 2008.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer