C-19 - Cities and Towns Act

Section 212 Disposition versions

1988-01-01

212. (Repealed).

R. S. 1964, c. 193, s. 240; 1982, c. 31, s. 145; 1987, c. 57, s. 708.

1982-06-23

212. (1)  Any electors on the premises of a polling station before the time set for the close of the poll who have not been able to exercise their right to vote before the appointed time may exercise their right to vote, and the deputy returning officer shall declare the polling closed after they have voted.

(2)  Immediately after the close of the poll the deputy returning officer shall first place all the spoiled ballots in an envelope and seal it up. He shall then count the number of voters whose names appear on the poll book as having voted, and make an entry thereof on the line immediately below the name of the voter who voted last, thus: “The number of voters who voted at this election in the polling station is .............. (stating the number at length)”, and he shall sign his name thereto. Then, in the presence and in full view of the poll clerk and the candidates or their agents—or, if the candidates and their agents or any of them be absent, then in the presence of such, if any, of them as are present and of at least three electors,— he shall open the ballot box and proceed to count the number of votes given for each candidate. Each person present shall have the right to examine each ballot.

(3)  In counting the votes, the deputy returning officer shall reject:

(a)  Every ballot paper which has not been supplied by him;

(b)  Every ballot paper upon which appears more than one vote;

(c)  Every ballot paper upon which there is any writing or mark by which the voter could be identified, other than the numbering by the deputy returning officer in the cases hereinafter provided for;

(d)  Every ballot paper left in blank or null owing to the intention of the voter not being clearly shown;

(e)  Every ballot paper which does not have his initials thereon, saving the case of section 213.

(4)  No ballot paper may be rejected for the sole reason that the counterfoil has not been detached. In such a case, the deputy returning officer shall detach the counterfoil and destroy it.

Furthermore, no ballot paper may be rejected for the sole reason that the mark made in one of the circles goes beyond the circle in which the elector has made his mark.

R. S. 1964, c. 193, s. 240; 1982, c. 31, s. 145.

1977-12-31

212. (1)  At eighteen hours or, as the case may be, at a later hour fixed by by-law of the council passed under section 184, the poll and the voting shall be closed, and such fact shall be stated in the poll book.

(2)  Immediately after the close of the poll the deputy returning officer shall first place all the spoiled ballots in an envelope and seal it up. He shall then count the number of voters whose names appear on the poll book as having voted, and make an entry thereof on the line immediately below the name of the voter who voted last, thus: “ The number of voters who voted at this election in the polling station is .............. (stating the number at length) ”, and he shall sign his name thereto. Then, in the presence and in full view of the poll clerk and the candidates or their agents—or, if the candidates and their agents or any of them be absent, then in the presence of such, if any, of them as are present and of at least three electors,— he shall open the ballot box and proceed to count the number of votes given for each candidate. Each person present shall have the right to examine each ballot.

(3)  In counting the votes, the deputy returning officer shall reject:

(a)  Every ballot paper which has not been supplied by him;

(b)  Every ballot paper upon which appears more than one vote;

(c)  Every ballot paper upon which there is any writing or mark by which the voter could be identified, other than the numbering by the deputy returning officer in the cases hereinafter provided for;

(d)  Every ballot paper left in blank or null owing to the intention of the voter not being clearly shown;

(e)  Every ballot paper which does not have his initials thereon, saving the case of section 213.

R. S. 1964, c. 193, s. 240.