Site Menu179-G-2019-01 — Preservation of the right to vote of an elector registered in error in the wrong electoral district
Canada Elections Act
43rd General Election
Instructions for the preservation of the right to vote of an elector registered in error in an electoral district in which the elector does not ordinarily reside and for the setting aside of the special ballot marked by that elector
Date of issue: September 16, 2019
Number: 179-G-2019-01
Whereas Divisions 2, 3, 4 and 5 of Part 11 of the Canada Elections Act ("the Act”) each permit eligible electors to make an application for registration and special ballot and to vote by special ballot;
Whereas an elector is sometimes registered in error in an electoral district that does not contain the elector’s place of ordinary residence;
Whereas the Act does not explicitly provide for a mechanism that would allow, upon such an error being discovered, for the preservation of the right to vote of the elector affected by the error, while maintaining the integrity of the vote;
Whereas section 267 of the Act does not authorize special ballot officers, during the counting of votes in the office of the Chief Electoral Officer, to set aside the inner envelope of the elector affected by the error;
Whereas section 277 of the Act does not authorize an election officer referred to in section 273 of the Act, during the counting of votes in the office of a returning officer, to set aside the inner envelope of the elector affected by the error;
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, when an elector who has made an application for registration and special ballot was registered in error in an electoral district that does not contain his or her place of ordinary residence.
2. Where he or she determines that the circumstances described at paragraph 1 apply to an elector, the special voting rules administrator shall, without delay:
(a) advise the elector that, as a result of an error that occurred upon registration:
(i) he or she was registered in the wrong electoral district;
(ii) the special ballot he or she has already marked, as the case may be, may be rejected; and
(iii) the elector may exercise his or her right to vote in relation to the electoral district in which his or her place of ordinary residence is located;
(b) ask the elector to make a choice among the following voting opportunities:
(i) exercising his or her right to vote by special ballot;
(ii) exercising his or her right to vote at the advance polling station established for the advance polling district in which his or her place of ordinary residence is located, where this voting opportunity is still available; or
(iii) exercising his or her right to vote at the polling station established for the polling division in which his or her place of ordinary residence is located;
(c) take the following measures:
(i) reject the application for registration and special ballot made by the elector and ensure that the indication to the effect that the elector has received a special ballot is removed from the list of electors for the polling division of the elector’s place of ordinary residence, where the elector makes the choice provided by subparagraph 2(b)(ii) or (iii) of these instructions; or
(ii) accept the application for registration and special ballot made by the elector — by bringing necessary corrections to it if necessary — and
(A) indicate on the declaration completed by the elector that an electoral district change was made, where the elector does not wish to vote again or cannot be reached; or
(B) provide the elector with a special ballot, in any other case; and
(d) instruct the special ballot officers, in cases provided by subparagraph 2(c)(i) or clause 2(c)(ii)(B) of these instructions, to set aside unopened the inner envelope affected by the error that occurred in relation to that elector and to follow the procedure described in subsection 267(3) of the Act.
3. Where he or she determines that the circumstances described at paragraph 1 apply to an elector, the returning officer shall, without delay:
(a) advise the special voting rules administrator that an error was discovered;
(b) take the measures described at paragraphs 2(a) to (c) of these instructions;
(c) instruct the election officer referred to in section 273 of the Act, in cases provided by subparagraph 2(c)(i) or clause 2(c)(ii)(B) of these instructions, to set aside unopened the inner envelope affected by the error that occurred in relation to that elector and to follow the procedure described in subsection 277(3) of the Act; and
(d) advise the special voting rules administrator of the choice made by the elector, as the case may be, and of the measures taken in order to preserve the elector’s right to vote.
4. These instructions supersede the following instructions:
(a) "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”, issued on October 10, 2008; and
(b) "Adaptation by instruction pursuant to section 179 of the Canada Elections Act: setting aside of special ballot cast by an elector registered by election officer as a local elector in the wrong electoral district and preservation of elector's right to vote”, issued on September 19, 2008.
(Original Signed)
Stéphane Perrault
Chief Electoral Officer