E-3.3, r. 17 - Voting Regulation

Updated to 1 September 2012

This document has official status.

chapter E-3.3, r. 17

Voting Regulation

Election Act

(chapter E-3.3, ss. 331, 338, 339, 340, 348, 350 and 550).

Decision 89-03-23; Decision 2000-12-20, s. 1.

DIVISION I GENERAL

1. The Interpretation Act (chapter I-16) applies to this Regulation.

Decision 89-03-23, s. 1.

DIVISION II MEANS OF IDENTIFICATION

2. A place at which polling stations are located shall be identified by means of a notice containing the following particulars:

(a)  identification of the Chief Electoral Officer;

(b)  the name of the electoral division;

(c)  the numbers of the polling stations located at the place;

(d)  the international symbol for accessibility to the handicapped if the premises are accessible to the physically handicapped.

Decision 89-03-23, s. 2.

3. During advance polling, each polling station shall be identified by means of a sign identifying the Chief Electoral Officer and indicating the polling subdivisions attached to the advance polling station.

On polling day, the sign shall indicate the number of the polling subdivision the polling station represents.

Decision 89-03-23, s. 3.

4. The deputy returning officer, the poll clerk, the officers assigned to the list of electors, the identity verification panel members and the officer in charge of information and order shall, on polling day or advance polling day, as the case may be, wear a badge provided by the Chief Electoral Officer and containing the following particulars:

(a)  identification of the Chief Electoral Officer;

(b)  the name of the electoral division;

(c)  the name and position of the person wearing the badge.

Decision 89-03-23, s. 4; Decision 2000-12-20, s. 2; Decision 2001-06-15, s. 1.

DIVISION III OATHS OF ELECTORS

5. An elector whose description differs slightly from that entered on the list of electors may nevertheless be admitted to vote after taking the oath in Form 46, attached hereto.

Decision 89-03-23, s. 5.

6. Where a deputy returning officer, a poll clerk or a candidate’s agent so require, a person shall swear that he:

(a)  is a qualified elector;

(b)  was domiciled in that polling subdivision on the Tuesday of the second week preceding that of the poll, or that he resided or had his main office in the polling subdivision on the date of his application under section 3 of the Election Act (chapter E-3.3);

(c)  has not already voted in the current election;

(d)  has received no benefit intended to engage his support for a candidate;

or

(e)  has in his possession no ballot paper capable of use in the current election.

The oath shall be taken in Form 47, attached hereto.

Decision 89-03-23, s. 6; Decision 2000-12-20, s. 3.

7. An elector in whose name a person has already voted may be allowed to vote after taking the oath in Form 48, attached hereto.

Decision 89-03-23, s. 7.

DIVISION IV VOTING WITH TEMPLATE

8. The design of the template a visually handicapped person may use is reproduced in Form 49, attached hereto.

Decision 89-03-23, s. 8.

DIVISION V AUTHORIZATION TO VOTE

9. The returning officer or his assistant shall issue an authorization to vote in Form 50, attached hereto, to any elector whose name does not appear on the list of electors used at the polling station but appears on the revised list of electors in the possession of the returning officer, whose name was the subject of an entry or correction duly accepted by the board of revisors, or who has left his domicile to ensure his safety or the safety of his children and who wishes to avail himself of the provisions of section 3 of the Election Act (chapter E-3.3). In the latter case, the domiciliary address of the elector shall not appear.

Decision 89-03-23, s. 9; Decision 2000-12-20, s. 4; Decision 2004-03-31, s. 1.

DIVISION VI FINAL

10. (Omitted).

Decision 89-03-23, s. 10.

11. (Omitted).

Decision 89-03-23, s. 11.

FORM 46

Election Act

(chapter E-3.3, s. 338)

OATH OF ELECTOR WHOSE DESCRIPTION IS SLIGHTLY DIFFERENT FROM THE DESCRIPTION ENTERED ON THE LIST OF ELECTORS

I, (name), domiciled at (address), declare under oath that I am the person described or intended to be described in the following entry on the list of electors (read the description of the elector entered on the list of electors).

---

Penalties (ss. 553.1(3) and 567 of the Election Act (chapter E-3.3))

Every person who votes without being entitled to vote commits an offence considered to be a corrupt electoral practice and is liable to a fine of $5,000 to $20,000 for a first offence, and of $10,000 to $30,000 for any subsequent offence within 10 years.

---

Decision 89-03-23, Form 46; Erratum, 1989 G.O. 2, 3728; Decision 2000-12-20, s. 5.

FORM 47

Election Act

(chapter E-3.3, s. 350)

OATH OF ELECTOR

I, (name), domiciled at (address) declare under oath that I am an elector in the (name of electoral division) electoral division and that:

(1) I fulfill (or will fulfill) on polling day the conditions for being an elector;

(2) I was domiciled in this polling subdivision on the Tuesday of the second week preceding that of the poll, namely:

 ________________________
|                        | 
|________________________|
   day   month   year            

or I resided or had my main office in this polling subdivision on the date I filed an application under section 3 of the Election Act;

(3) I have not already voted in the current election;

(4) I have not received any benefit intended to commit me to vote for a candidate;

(5) I do not have in my possession any ballot paper that could be used in the current election.

---

Penalties (ss. 553.1(1)(3), 558 and 567 of the Election Act (chapter E-3.3))

— Every person who votes without being entitled to vote or who votes more than once commits an offence considered to be a corrupt electoral practice and is liable to a fine of $5,000 to $20,000 for a first offence, and of $10,000 to $30,000 for any subsequent offence within 10 years.

— Every person who receives any benefit whatsoever to influence his vote commits an offence and is liable to a fine of $5,000 to $20,000 for a first offence, and of $10,000 to $30,000 for any subsequent offence within 10 years.

---

Decision 89-03-23, Form 47; Decision 2000-12-20, s. 5; Erratum, 2001 G.O. 2, 1831.

FORM 48

Election Act

(chapter E-3.3, s. 339)

OATH OF ELECTOR ALLOWED TO VOTE AFTER ANOTHER PERSON HAS VOTED UNDER HIS NAME

I, (name), domiciled at (address), declare under oath that I am the person whose name is entered on the list of electors now shown to me and that I have not already voted in the current election.

---

Penalties (ss. 553.1(1) and 567 of the Election Act (chapter E-3.3))

Every person who votes more than once commits an offence considered to be a corrupt electoral practice and is liable to a fine of $5,000 to $20,000 for a first offence, and of $10,000 to $30,000 for any subsequent offence within 10 years.

---

Decision 89-03-23, Form 48; Erratum, 1989 G.O. 2, 3728; Decision 2000-12-20, s. 5.

FORM 49

Election Act

(chapter E-3.3, s. 348)

This template, valid for a maximum of 10 candidates, enables visually handicapped electors to mark their ballot papers without assistance.

General instructions for deputy returning officer

— A visually handicapped elector using this template is NOT required to take the oath of an elector unable to vote without assistance.

Procedure for handling ballot paper

— Remove one ballot paper from the pad and fold it in the prescribed manner.

— Unfold it and place it in the template so that the first circle on the ballot paper is directly under the first circle of the template.

— Indicate to the elector the order in which the candidates appear on the ballot paper.

— Ask the elector to refold the ballot paper after marking it along the folds you have already made.

Decision 89-03-23, Form 49.

FORM 50

Election Act

(chapter E-3.3, s. 340)

AUTHORIZATION TO VOTE

   
 _____________________________________             ______________________________
|                                     |           |                              |
|  Electoral Division:                |           |   Polling Subdivision:       |
|_____________________________________|           |______________________________|

 ___
|   |  I attest that the revised list of electors for the said polling
|___|  subdivision of the electoral division contains the following entry:

 ___
|   |  I attest that the following name was the subject of an entry or correction 
|___|  duly accepted by the appropriate board of revisors:

 ___
|   |  I attest that the following elector has left his domicile to ensure his
|___|  safety or the safety of his children and has availed himself of the  
       provisions of section 3 of the Election Act:
_________________________________________________________________________________,
                                      Name                                        
_________________________________________________________________________________,
                               Domiciliary address
_______________________________________ , _______________________________________
                  Sex                                 Date of birth    

Signed at _______________________________________________________________________,
this____________________________________________________________, 20_____________.

                                         ________________________________________
                                                   Returning Officer   

                                                             OR

                                         ________________________________________
                                               Assistance Returning Officer             

Decision 89-03-23, Form 50; Decision 2000-12-20, s. 5; Erratum, 2001, G.O. 2, 1832; Decision 2004-03-31, s. 2.

REFERENCES

Decision 89-03-23, 1989 G.O. 2, 1580 and 3728

Decision 2000-12-20, 2001 G.O. 2, 1197 and 1831

Decision 2001-06-15, 2001 G.O. 2, 3563

Decision 2004-03-31, 2004 G.O. 2, 1310