179-G-2019-16 – Instructions to permit the counting of certain ballots (Spadina–Fort York)
Instructions to permit the counting of certain ballots under Division 7 of Part 11 of the Canada Elections Act
Date of issue: October 21, 2019
WHEREAS the writs for the 43rd General Election were issued on September 11, 2019;
WHEREAS Division 4 of Part 11 of the Canada Elections Act (the "Act") permits electors residing in Canada to make an application for registration and special ballot and to vote by special ballot;
WHEREAS section 233 of the Act provides, among other things, for the content of the application for registration and special ballot that must be made by an elector who wishes to vote under Division 4 of Part 11 of the Act;
WHEREAS an elector who votes in the presence of an election officer at the office of a returning officer is required, pursuant to section 237.1 of the Act, to prove his or her identity and residence in accordance with section 143 of the Act;
WHEREAS, as a result of an error made by an election officer, 30 electors who reside in the electoral district of Spadina—Fort York voted by special ballot while no application for registration and special ballot was completed;
WHEREAS, notwithstanding the election officer's error, the returning officer has determined that each of these electors has proven his or her identity and residence in accordance with sections 143 and 237.1 of the Act and is entitled to vote in the electoral district;
WHEREAS these special ballots cannot be counted pursuant to the process set out in sections 276 to 278 of the Act;
WHEREAS allowing these ballots to be counted in the circumstances of this situation would not threaten the integrity of the vote, given that the electors affected by the error proved their identity and residence, that voting took place in the presence of an election officer and that the returning officer has indicated on the list of electors that each of these electors has received a special ballot;
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:
- These instructions apply during the 43rd General Election in the electoral district of Spadina—Fort York.
- An election officer referred to in section 273 shall not set aside an elector's inner envelope on the ground set out at paragraph 277(1)(a) of the Act where, as a result of an error made by an election officer, the application for registration and special ballot procedure was not followed.
Chief Electoral Officer