87.3(1)Before issuing a special ballot paper, a special ballot officer shall ensure that the applicant elector’s name appears on the list of electors for the electoral district in which the elector ordinarily resides and shall ensure that the elector has not previously been issued a special ballot paper.
87.3(2)A person who is qualified to vote and whose name does not appear on the list of electors for the electoral district in which the person ordinarily resides may apply to have his or her name added to the list when applying for a special ballot paper under section 87.1.
87.3(3)A special ballot officer shall issue a special ballot paper
(a)
by giving it to the elector, or
(b)
by forwarding it by certified mail or courier to the address of the elector shown on the application referred to in section 87.1.
87.3(4)Upon issuing a special ballot paper to an elector, a special ballot officer shall record the following in the special ballot poll book:
(a)
the name and address of the elector;
(b)
the electoral district and the polling division in which the elector ordinarily resides;
(c)
where and when the special ballot paper was issued to the elector; and
(d)
whether the special ballot paper was issued in person, by certified mail or by courier.
87.3(5)If a special ballot paper is issued to an elector in accordance with paragraph (3)(a),
(a)
the elector shall
(i)
write the name of the candidate for whom he or she votes in the space provided for this on the special ballot paper,
(ii)
place a mark on the special ballot paper beside the word “yes” or “no” opposite a question submitted to plebiscite, and
(iii)
fold the special ballot paper and deposit it in the ballot box, and
(b)
the special ballot officers shall record in the special ballot poll book that the elector has voted.
87.3(6)If a special ballot paper is issued to an elector in accordance with paragraph (3)(a), two special ballot officers shall be present to take the vote of the elector.
87.3(7)If an elector is unable to vote without assistance, in accordance with subsection 83(4) and in the presence of another special ballot officer, a special ballot officer may assist the elector in completing a special ballot paper.
87.3(8)If a special ballot officer is unavailable, a returning officer or an election clerk may issue a special ballot paper to an elector in accordance with paragraph (3)(a) and may take the vote of an elector in the same manner as a special ballot officer.
87.3(9)If a special ballot paper is issued to an elector in accordance with paragraph (3)(b), the following shall be issued with the special ballot paper:
(a)
instructions indicating how to complete and return the special ballot paper;
(b)
the names and political affiliations of all candidates in the electoral district in which the elector ordinarily resides; and
(c)
a ballot envelope and a certificate envelope.
87.3(10)Upon receipt of a special ballot paper in accordance with paragraph (3)(b), an elector shall
(a)
write the name of the candidate for whom he or she votes in the space provided for this on the special ballot paper,
(b)
place a mark on the special ballot paper beside the word “yes” or “no” opposite a question submitted to plebiscite,
(c)
fold the special ballot paper, place it in the ballot envelope and seal the ballot envelope,
(d)
place the ballot envelope in the certificate envelope and seal the certificate envelope,
(e)
complete and sign the certificate on the certificate envelope, and
(f)
return the certificate envelope to the special ballot officers of the electoral district in which the special ballot paper was issued no later than eight o’clock in the afternoon on polling day.
87.3(11)Upon receipt of a certificate envelope, the special ballot officers, acting together, shall ensure that
(a)
the certificate envelope is properly completed,
(b)
the name on the certificate envelope is the same as that of an elector to whom a special ballot paper was issued, and
(c)
the signature on the certificate envelope is the signature of the elector who applied for the special ballot paper.
87.3(12)If the special ballot officers are satisfied that the requirements of subsection (11) have been fulfilled, they shall
(a)
remove the ballot envelope from the certificate envelope,
(b)
remove the special ballot paper from the ballot envelope without unfolding it,
(c)
deposit the folded special ballot paper in the special ballot box,
(d)
record in the special ballot poll book the date and time that the certificate envelope was received and that the elector named on the certificate has voted, and
(e)
destroy the certificate envelope and the ballot envelope.
87.3(13)If the special ballot officers are not satisfied that the requirements of subsection (11) have been fulfilled, they shall mark “spoiled ballot paper” on the certificate envelope and deposit the unopened certificate envelope in an envelope designated for spoiled ballot papers.
87.3(14)If a special ballot officer or a returning officer receives a certificate envelope after eight o’clock in the afternoon on polling day, the certificate envelope shall be dealt with in accordance with subsection (13) and he or she shall record in the special ballot poll book the time, date and place that the certificate envelope was received.
87.3(15)An elector who has not returned a certificate envelope in accordance with paragraph (10)(f) shall not be issued a second special ballot paper unless
(a)
the elector returns the damaged or improperly marked special ballot paper that was originally issued to the elector to the special ballot officers, or
(b)
the elector provides the special ballot officers with an affidavit in which the elector subscribes that he or she has reason to believe that the special ballot paper will not be received by the special ballot officers by eight o’clock in the afternoon on polling day, and the affidavit shall include the basis for the elector’s belief.
87.3(16)Subsection 82(4) applies with the necessary modifications to a special ballot issued under paragraph (3)(a).
87.3(17)No person shall vote at an advance poll or on polling day if
(a)
the person has voted by special ballot, or
(b)
the person has been issued a special ballot paper that has not been returned to a special ballot officer.