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Spoiling or setting aside the special ballot that is not accompanied by the elector's declaration

Canada Elections Act

By-elections

Instructions for the purpose of spoiling or setting aside the special ballot that is not accompanied by the declaration prescribed by the Chief Electoral Officer and signed by the elector

Date of issue: September 25, 2020

Number: 179-B-2020-03

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 shall vote by special ballot 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 some electors may, by error, omit to follow this procedure;

Whereas sections 242 and 258 of the Rules essentially provide that if the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot;

Whereas the special ballot that is not accompanied by the declaration prescribed by the Chief Electoral Officer and signed by the elector – which declaration generally appears on the outer envelope provided by the Chief Electoral Officer – cannot be verified pursuant to the process set out in section 267 of the Rules or in sections 276 and 277 of the Rules, as the case may be, and must therefore be set aside;

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, where the elector who votes by special ballot omits:
    1. to place the inner envelope containing his or her ballot with the declaration prescribed by the Chief Electoral Officer and signed by the elector; or
    2. to place his or her ballot in an inner envelope and to place that inner envelope with the declaration prescribed by the Chief Electoral Officer and signed by the elector.
  2. Where he or she determines that the circumstances described at paragraph 1 apply to an elector who goes to the office of a returning officer to receive his or her special ballot, the election officer shall:
    1. advise without delay the elector that, as a result of an omission described at paragraph 1(a) or (b) of these instructions, the elector's special ballot is incapable of being used;
    2. make note without delay that a special ballot that is incapable of being used was deposited in the ballot box used at the office of the returning officer;
    3. apply without delay, with respect to the elector, the procedure set out by subsection 242(1) of the Rules; and
    4. at the time provided for the opening of the ballot box used at the office of the returning officer, recover the special ballot or the inner envelope — that was deposited in the ballot box — that was not placed with the declaration prescribed by the Chief Electoral Officer and signed by the elector and:
      1. write "spoiled" on its back and place it in the envelope supplied for that purpose, where it is a special ballot; or
      2. without opening it, write "spoiled" on its back and place it in the envelope referred to in the preceding sub-paragraph, where it is an inner envelope.
  3. Where he or she determines that the circumstances described at paragraph 1 apply to an elector in respect of whom the procedure set out at paragraph 2 was not applicable or could not be applied, the special voting rules administrator shall instruct the special ballot officers to set aside the special ballot or the inner envelope, unopened, and to follow the procedure described in subsection 267(3) of the Rules.
  4. Where he or she determines that the circumstances described at paragraph 1 apply to an elector in respect of whom the procedure set out at paragraph 2 was not applicable or could not be applied, the returning officer shall advise the special voting rules administrator and instruct the election officer referred to in section 273 of the Rules to set aside the special ballot or the inner envelope, unopened, and to follow the procedure described in subsection 277(3) of the Rules.
  5. These instructions supersede the following instructions: "Adaptation by instruction pursuant to section 179 of the Special Voting Rules as Adapted for the Purposes of a By-election: setting aside of an inner envelope not placed in an outer envelope (Office of the Chief Electoral Officer)", issued on October 6, 2009.

(Original Signed)

Stéphane Perrault
Chief Electoral Officer