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Judicial Recount handbook

Appendix B – Counting Regular and Special Ballots

Introduction

The procedure for counting ballots on polling day provides the necessary context for a judicial recount. This Appendix describes the polling day counting procedure, with references to the relevant sections of the Act and Elections Canada manuals in square brackets.

Counting Votes at the Close of Polling Day

Immediately after the close of a polling station, an election officer who is assigned to the polling station shall count the votes cast at his or her polling station in the presence of another election officer who is assigned to the polling station and any candidates or their representatives who are present or, if no candidates or representatives are present, in the presence of at least two electors. [s. 283(1) of the Act]

One of the election officers assigned to the polling station shall supply those present at the count who request it with a Tally Sheet to keep their own score of the voting.

Under the scrutiny of candidates or their representatives, the election officer who counts the votes shall, in the following order [s. 283(3) of the Act]:

  • Count the number of electors who voted.
  • Count the number of electors to whom a registration certificate was given under subs. 161(4).
  • Make an entry at the end of the list of electors that states the number of electors who voted in the election at the polling station and, of these, the number of electors to whom a registration certificate was given. The election officer must sign the list and place the list in the envelope supplied for that purpose.
  • Count the number of spoiled ballots, place them in the envelope supplied for the purpose, indicate on the envelope the number of spoiled ballots and seal it.
  • Count the unused ballots that are not detached from the books of ballots, place them with the stubs of the used ballots in the envelope supplied for the purpose, indicate on the envelope the number of unused ballots and seal it.
  • Total the number of electors who voted and the number of spoiled and unused ballots in order to ascertain that all ballots that were provided by the returning officer are accounted for.
  • Open the ballot box and empty its contents onto a table. Examine each ballot, show the ballot to each person who is present and ask the other election officer who is assigned to the polling station to make a note on the Tally Sheet beside the name of the candidate for whom the vote was cast for the purpose of arriving at the total number of votes cast for each candidate.
  • Reject ballots that meet the rejection criteria in the Act. [s. 284 of the Act]

Statement of the Vote

The election officer who counts the votes shall prepare a Statement of the Vote setting out the number of votes in favour of each candidate and the number of rejected ballots. The original Statement of the Vote and a copy of it are placed in separate envelopes. The election officer shall give a copy of the Statement of the Vote to each of the candidates’ representatives present at the count. [s. 287 of the Act]

Contents of the Ballot Box

The spoiled ballots, unused ballots, rejected ballots and marked ballots, along with the list of electors and a copy of the Statement of the Vote, are placed in various envelopes. These envelopes are then placed in a large envelope, except the envelopes containing the Statements of the Vote and the registration certificates, and the envelope is sealed. This envelope is then placed in the ballot box. The form for each solemn declaration of an elector’s identity and residence shall also be placed by an election officer in the envelope supplied for that purpose. The large envelope and the envelope that contains the copy of the Statement of the Vote shall be placed in the ballot box. The election officer shall then seal the ballot box. The envelopes containing the registration certificates, correction certificates and solemn declarations are returned to the returning office. [ss. 143(3), 161(1)(b), 169(2)(b), 287, 288, 288.01, 549.1 of the Act]

Without delay after sealing the ballot box, an election officer who is assigned to a polling station will send to the returning officer the ballot box, with the envelopes that contain the original Statement of the Vote, the solemn declarations, the registration certificates and other election documents. [s. 290 of the Act]

Validation of the Results

The returning officer oversees all polling stations within his or her electoral district. After the returning officer receives all of the ballot boxes from every polling station, the returning officer shall, at his or her office, proceed to validate the results using the original Statements of the Vote and the results of the count of special ballots that were counted at Elections Canada’s Distribution Centre in the National Capital Region. [s. 293 of the Act]

The returning officer will verify and record the number of votes cast for each candidate, the number of valid votes, the number of rejected votes and the total number of votes. The returning officer shall not open an envelope that appears to contain ballots. [ss. 293(1), 295(3) of the Act; Returning Officer’s Manual]

Voting Results

Without delay after the validation of results, the returning officer shall prepare a certificate (the Result of Voting form) setting out the number of votes cast for each candidate and forward the original to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. Without delay after six days following the completion of the validation of the results, the returning officer shall declare elected the candidate who obtained the largest number of votes by completing the return of the writ and forwarding the writ to the Chief Electoral Officer. [ss. 297, 313(1) of the Act]

Counting Votes Cast by Special Ballot

A special ballot is cast differently than a regular ballot cast at a polling station on polling day or at the advance polls. Special ballots are received and counted at the returning office and at Elections Canada’s Distribution Centre.

An elector who votes by special ballot shall:

a) Receive a special ballot, an inner envelope and an outer envelope.

b) Write the name of the candidate of his or her choice on the ballot and fold the ballot.

c) Place the ballot in the inner envelope and seal it.

d) Place the inner envelope in the outer envelope and seal it. [ss. 212, 213, 227(2), 238, 257, 258(1) of the Act]

e) Sign the declaration on the outer envelope prescribed by the Chief Electoral Officer.

Counting Special Ballots at the Returning Office

An elector who votes by special ballot in his or her electoral district must ensure that the ballot is received at the returning office before the close of the polling stations on polling day. [s. 239(2) of the Act]

Election officers are assigned by the returning officer to verify the declarations prescribed by the Chief Electoral Officer and to count the special ballots issued to electors in his or her electoral district and received in his or her office. [s. 273 of the Act] The returning officer notifies the candidates of the date, time and place of the verification, and the candidates or their representatives may be present for the verification of the declarations and the counting of the ballots. [ss. 274, 276(2) of the Act]

The election officers assigned by the returning officer must follow the steps below. They:

  • verify the declaration on the outer envelope prescribed by the Chief Electoral Officer by determining from the information in the declaration whether the elector is entitled to vote in the electoral district. [s. 276 of the Act]
  • count the outer envelopes that have not been set aside. [s. 278(1) of the Act]
  • open the outer envelopes that have not been set aside and put all the inner envelopes in a ballot box provided by the returning officer. [s. 278(2) of the Act]

An election officer sets aside an elector’s outer envelope unopened that falls within the criteria for setting aside outer envelopes under the Act and places them in the envelope for spoiled ballots. [s. 277(1) of the Act]

After the close of polling stations, one of the election officers so assigned by the returning officer shall:

  • Open the ballot box containing the inner envelopes and, together with another election officer so assigned, open the inner envelopes and count the votes. [s. 278(3) of the Act]
  • Reject ballots that meet the rejection criteria under the Act. [s. 279 of the Act]

Counting Special Ballots at Elections Canada’s Distribution Centre

An elector who votes by special ballot outside his or her electoral district must ensure that the ballot is received at the office of the special voting rules administrator in the National Capital Region not later than 6:00 p.m. on polling day. [s. 239(1) of the Act]

The counting of the special ballots is conducted by special ballot officers working in pairs, under the supervision of the special voting rules administrator. [ss. 264(1) and (2) of the Act]

The counting of special ballots at Elections Canada’s Distribution Centre must commence on a date to be fixed by the Chief Electoral Officer or, if no date is fixed, on Wednesday, the fifth day before polling day. [s. 266 of the Act]

The special ballot officers shall set aside an outer envelope, unopened, that meets the criteria for spoiled envelopes under the Act. [ss. 267(1) and (2) of the Act]

The special ballot officers shall, on examining a special ballot, reject it if it meets the rejection criteria under the Act. [s. 269 of the Act]

Each pair of special ballot officers shall prepare a Statement of the Vote and deliver it to the special voting rules administrator. [s. 270(1) of the Act]

Without delay after the counting of the votes for every electoral district has been completed, the special voting rules administrator shall:

  • Inform the Chief Electoral Officer of:
    • the number of votes counted for each candidate for every electoral district
    • the total number of votes counted for each electoral district
    • the number of rejected ballots for each electoral district [s. 271 of the Act]
  • Send to the Chief Electoral Officer in separate envelopes:
    • the list of electors
    • all other documents and election materials received from commanding officers and election officers
    • the solemn declarations of the election officers
    • the complete files of correspondence, reports and records in his or her possession [s. 272 of the Act]

The Results of Votes Cast by Special Ballot

Communication to returning officers

The Chief Electoral Officer shall, without delay after the closing of polling stations in an election, inform each returning officer of the results, for his or her electoral district, of the counting of special ballots at Elections Canada’s Distribution Centre, giving the number of votes cast for each candidate and the number of rejected ballots. [s. 280(1) of the Act]

Release of information by returning officers

When a returning officer receives information from the Chief Electoral Officer respecting the results of the special ballots counted at Elections Canada’s Distribution Centre, the returning officer shall add those results to the results of the special ballots counted at the returning office and release all of them as being the results of the vote under the special voting rules. [s. 280(2) of the Act]