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Preservation of the right to vote of an elector registered in error in the wrong electoral district

Canada Elections Act

By-elections

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 25, 2020

Number: 179-B-2020-01

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 an elector is sometimes registered in error in an electoral district that does not contain the elector's place of ordinary residence;

Whereas the Rules do 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 entitled to vote in another by-election and affected by the error, while maintaining the integrity of the vote;

Whereas section 267 of the Rules 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 Rules does not authorize an election officer referred to in section 273 of the Rules, 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 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, 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:
    1. advise the elector that, as a result of an error that occurred upon registration:
      1. he or she was registered in the wrong electoral district;
      2. the special ballot he or she has already marked, as the case may be, may be rejected; and
      3. 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, where a writ for a by-election has been issued in respect of that electoral district;
    2. ask the elector, where a writ for a by-election has been issued in respect of the electoral district in which his or her place of ordinary residence is located, to make a choice among the following voting opportunities:
      1. exercising his or her right to vote by special ballot;
      2. 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
      3. 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;
    3. take the following measures:
      1. reject the application for registration and special ballot made by the elector, where a writ for a by-election has not been issued in respect of the electoral district in which his or her place of ordinary residence is located;
      2. 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
      3. accept the application for registration and special ballot made by the elector — by bringing necessary corrections to it if necessary — and
      4. (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

    4. instruct the special ballot officers, in cases provided by subparagraphs 2(c)(i) or (ii) or clause 2(c)(iii)(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 Rules.
  3. Where he or she determines that the circumstances described at paragraph 1 apply to an elector, the returning officer shall, without delay:
    1. advise the special voting rules administrator that an error was discovered;
    2. take the measures described at paragraphs 2(a) to (c) of these instructions;
    3. instruct the election officer referred to in section 273 of the Rules, in cases provided by subparagraphs 2(c)(i) or (ii) or clause 2(c)(iii)(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 Rules; and
    4. 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:
    1. "Adaptation by instruction pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election: 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 6, 2009; and
    2. "Adaptation by instruction pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election: setting aside of special ballot cast by an elector registered by an election officer as a local elector in the wrong electoral district and preservation of elector's right to vote if entitled to vote in another by-election", issued on October 6, 2009.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer