Site Menu179-G-2019-09 – Setting aside the special ballot marked by a person who is not qualified as an elector
Canada Elections Act
43rd General Election
Instructions for the purpose of setting aside the special ballot marked by a person who is not qualified as an elector
Date of issue: October 8, 2019
Number: 179-G-2019-09
Whereas section 3 of the Canada Elections Act (“the Act”) provides that every person who is a Canadian citizen and who on polling day is 18 years of age or older is qualified as an elector;
Whereas Divisions 2, 3, 4 and 5 of Part 11 of the Act each permit eligible electors to make an application for registration and special ballot and to vote by special ballot;
Whereas persons who are not qualified as an elector, believing in error that they have the right to vote, sometimes make an application for registration and special ballot and vote by special ballot;
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 containing the special ballot marked by a person who is not qualified as an elector;
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 containing the special ballot marked by a person who is not qualified as an elector;
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 a person who is not qualified as an elector, believing in error that they have the right to vote, makes an application for registration and special ballot and votes by special ballot.
2. Where he or she determines that the circumstances described at paragraph 1 apply, the special voting rules administrator shall, without delay:
(a) advise the person having voted in error that, as a result of section 3 of the Act, their application for registration and special ballot will be rejected and their special ballot will be set aside;
(b) make a note that a person who is not qualified as an elector voted by special ballot; and
(c) take the following measures:
(i) reject the application for registration and special ballot made by the person who is not qualified as an elector;
(ii) ensure, in accordance with subsection 101(4) of the Act, that the person’s name is deleted from the list of electors for the polling division of the person`s place of ordinary residence;
(iii) if applicable, make a request to the Chief Electoral Officer to remove the person`s name from, as the case may be:
(A) the Register of electors, in accordance with paragraph 52(1)(b) of the Act; or
(B) the International Register of Electors, in accordance with section 226 of the Act;
(iv) instruct the special ballot officers to set aside unopened the inner envelope affected by the error and to follow the procedure described in subsection 267(3) of the Act.
3. The application for registration and special ballot associated with the inner envelope that is set aside in accordance with the preceding paragraph shall not be considered for the purpose of sections 252 and 262 of the Act.
4. Where he or she determines that the circumstances described at paragraph 1 apply, the returning officer shall, without delay:
(a) advise the special voting rules administrator that an error was discovered;
(b) make a note that a person who is not qualified as an elector voted by special ballot;
(c) take the measures described at sub-paragraphs 2(c)(i) to (iii) of these instructions; and
(d) instruct the election officer referred to in section 273 of the Act to set aside unopened the inner envelope affected by the error and to follow the procedure described in subsection 277(3) of the Act.
(Original Signed)
Stéphane Perrault
Chief Electoral Officer