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E-3.3 - Election Act

Section 365
Disposition versions

Full text
365. The deputy returning officer declares valid every ballot paper marked in a circle opposite the given name and family name of one of the candidates.
The deputy returning officer rejects a ballot paper if it
(1)  was not supplied by the deputy returning officer;
(2)  does not bear the deputy returning officer’s initials;
(3)  is not marked;
(4)  is marked for more than one candidate;
(5)  is marked for a person who is not a candidate;
(6)  is marked outside the circles;
(7)  bears a fanciful or injurious marking;
(8)  bears a mark by which the elector can be identified; or
(9)  is marked otherwise than with the pencil given to the elector by the deputy returning officer.
No ballot paper may be rejected for the reason set out in subparagraph 2 of the second paragraph if the number of ballot papers in the ballot box corresponds to the number of ballot papers that were placed in it according to the list of electors or the poll book.
In full view of the persons present, the deputy returning officer initials the back of any ballot paper that is not initialled, and notes under the initials that they have been added as a correction. This is recorded in the poll book.
1989, c. 1, s. 365; 1998, c. 52, s. 67; 2006, c. 17, s. 25.
365. No ballot paper may be rejected by reason only that the stub is still attached to it. In such a case, the deputy returning officer shall detach the stub and destroy it.
No ballot paper may be rejected for the sole reason that the mark extends beyond the circle or that the circle is not completely filled.
1989, c. 1, s. 365; 1998, c. 52, s. 67.
365. No ballot paper may be rejected by reason only that the stub is still attached to it. In such a case, the deputy returning officer shall detach the stub and destroy it.
Furthermore, no ballot paper may be rejected by reason only that the mark made in one of the circles by the elector extends beyond the circumference of the circle.
1989, c. 1, s. 365.
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