E-3.3 - Election Act

Section 364 Disposition versions

2006-06-14

364. The deputy returning officer opens the ballot box, counts the votes by taking the ballot papers out of the ballot box one by one and allows each person present to examine them.

1989, c. 1, s. 364; 1998, c. 52, s. 66; 2001, c. 2, s. 36; 2006, c. 17, s. 25.

2001-05-02

364. The deputy returning officer shall declare valid every ballot paper marked in the manner prescribed in section 343.

Notwithstanding the foregoing, the deputy returning officer shall reject every ballot paper which

(1)  has not been furnished by him;

(2)  does not bear his initials;

(3)  has not been marked;

(4)  has been marked in favour of more than one candidate;

(5)  has been marked in favour of a person who is not a candidate;

(6)  has been marked elsewhere than in one of the circles;

(7)  bears fanciful or injurious entries;

(8)  bears a mark by which the elector can be identified;

(9)  has been marked otherwise than with a pencil given to the elector by the deputy returning officer.

No ballot paper contemplated in subparagraph 2 of the second paragraph may be rejected where the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the list of electors or the poll book, as the case may be, were placed in it.

The deputy returning officer shall, in full view of the persons present, then affix his initials to the reverse of every ballot paper that does not bear them, and shall enter, on each ballot, following his initials a note indicating that they were affixed as a correction. An indication thereof shall be entered in the poll book.

1989, c. 1, s. 364; 1998, c. 52, s. 66; 2001, c. 2, s. 36.

1998-10-21

364. The deputy returning officer shall declare valid every ballot paper marked in the manner prescribed in section 343.

Notwithstanding the foregoing, the deputy returning officer shall reject every ballot paper which

(1)  has not been furnished by him;

(2)  does not bear his initials;

(3)  has not been marked;

(4)  has been marked in favour of more than one candidate;

(5)  has been marked in favour of a person who is not a candidate;

(6)  has been marked elsewhere than in one of the circles;

(7)  bears fanciful or injurious entries;

(8)  bears a mark by which the elector can be identified;

(9)  has been marked otherwise than with the pencil given to the elector by the deputy returning officer.

No ballot paper contemplated in subparagraph 2 of the second paragraph may be rejected where the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the list of electors or the poll book, as the case may be, were placed in it.

The deputy returning officer shall, in full view of the persons present, then affix his initials to the reverse of every ballot paper that does not bear them, and shall enter, on each ballot, following his initials a note indicating that they were affixed as a correction. An indication thereof shall be entered in the poll book.

1989, c. 1, s. 364; 1998, c. 52, s. 66.

1989-04-24

364. The deputy returning officer shall declare valid every ballot paper marked in the manner prescribed in section 343.

Notwithstanding the foregoing, the deputy returning officer shall reject every ballot paper which

(1)  has not been furnished by him;

(2)  does not bear his initials;

(3)  has not been marked;

(4)  has been marked in favour of more than one candidate;

(5)  has been marked in favour of a person who is not a candidate;

(6)  has been marked elsewhere than in one of the circles;

(7)  bears fanciful or injurious entries;

(8)  bears a mark by which the elector can be identified.

No ballot paper contemplated in subparagraph 2 of the second paragraph may be rejected where the number of ballot papers found in the ballot box corresponds to the number of ballot papers which, according to the list of electors or the poll book, as the case may be, were placed in it.

The deputy returning officer shall, in full view of the persons present, then affix his initials to the reverse of every ballot paper that does not bear them, and shall enter, on each ballot, following his initials a note indicating that they were affixed as a correction. An indication thereof shall be entered in the poll book.

1989, c. 1, s. 364.