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The elector's declaration verification procedure under Divisions 6 and 7 of the Special Voting Rules as Adapted for the Purposes of a By-election

Canada Elections Act

By-elections

Instructions for the elector's declaration verification procedure under Divisions 6 and 7 of the Special Voting Rules as Adapted for the Purposes of a By-election

Date of issue: November 24, 2022

Number: 179-B-2022-01

Whereas the Chief Electoral Officer has issued "Instructions for the adaptation of Part 11 of the Canada Elections Act so that its provisions apply to a by-election" on September 21, 2020, pursuant to subsection 178(2) of the Canada Elections Act;

Whereas the Chief Electoral Officer has thereby given effect to the Special Voting Rules as Adapted for the Purposes of a By-election (the "Rules") found in the Schedule to those instructions;

Whereas Divisions 3, 4 and 5 of the Rules each permit eligible electors to make an application for registration and special ballot and to vote by special ballot;

Whereas sections 227, 238 and 258 of the Rules essentially provide that an elector who votes by special ballot shall vote by writing the name of the candidate of his or her choice on the ballot, placing the ballot in the inner envelope and sealing it, signing the declaration prescribed by the Chief Electoral Officer, and placing the inner envelope and the declaration — if it is not on the outer envelope — in the outer envelope and sealing it;

Whereas Divisions 6 and 7 of the Rules provide the applicable procedure for counting the votes at the Office of the Chief Electoral Officer and for counting the votes at the office of the returning officer, respectively, and sections 267 and 277 of the Rules provide, in respect of each division, for the elector's declaration verification procedure and, in certain specified circumstances, for the setting aside of the inner envelope;

Whereas the election officers who set aside an inner envelope, as a result of the elector's declaration verification procedure set out in sections 267 and 277, shall among other things:

  1. note on the inner envelope that is set aside the reasons for the setting aside; and
  2. keep the inner envelope set aside with the outer envelope and — if it did not appear on the outer envelope — the declaration;

Whereas the declaration that must be signed by the elector who votes by special ballot is always printed on the outer envelope provided to the elector by the Chief Electoral Officer;

Whereas the elector's declaration verification procedure may therefore, for the purposes of by-elections, be performed without opening the outer envelope;

And whereas section 179 of the Rules provides the following:

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

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

  1. These instructions apply during a by-election.
  2. For the purposes of subsection 267(3) of the Rules:
    1. the special voting rules administrator may accomplish his or her duty by endorsing the outer envelope with the reason why it has been set aside; and
    2. the special ballot officers may accomplish their duty by initialling on the outer envelope the endorsement made by the special voting rules administrator.
  3. For the purposes of subsection 277(3) of the Rules:
    1. the election officer who set aside the envelope may accomplish his or her duties by noting on the outer envelope the reasons for the setting aside and by initialling it; and
    2. the other election officer may accomplish his or her duty by initialling the outer envelope.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer