122. If the initials appearing on the back of the ballot are not those of the deputy returning officer, the latter shall cancel the ballot and the poll clerk shall make an entry thereof in the poll book.
Notwithstanding the foregoing, the deputy returning officer shall not cancel a ballot paper which does not bear any initials where all of the following conditions are met:
(1) the ballot paper presented by the elector is, on its face and without being unfolded, the ballot paper given to him by the deputy returning officer;
(2) the deputy returning officer signs a written declaration supported by an oath attesting that he inadvertently omitted or forgot to affix his initials to the ballot paper.
The deputy returning officer shall then, in full view of the persons present, affix his initials to the reverse of the ballot paper and allow it to be placed in the ballot box. An indication thereof shall be entered in the poll book.
1989, c. 36, s. 122; 2002, c. 10, s. 57.