Acts and Regulations

E-3 - Elections Act

Section 87.62
Disposition versions

Full text
Voting by special ballot paper
87.62(1)If a special ballot paper is issued to an elector in accordance with paragraph 87.61(2)(a) or subsection 87.61(3),
(a) the elector shall do the following:
(i) mark the special ballot paper in favour 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) deposit the special ballot paper in the ballot box; and
(b) the special voting officer shall record in the special ballot poll book that the elector has voted.
87.62(2)If a special ballot paper is issued to an elector under subsection 87.61(3), 2 special voting officers shall be present to take the vote of the elector.
87.62(3)On receipt of a special ballot paper issued under paragraph 87.61(2)(b), an elector shall do the following:
(a) mark the special ballot paper in favour 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) 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 voting officer who issued the special ballot paper no later than 8 p.m. on ordinary polling day.
87.62(4)On receipt of a certificate envelope, the special voting officers, acting together, shall ensure the following:
(a) that the certificate envelope is properly completed;
(b) that the name on the certificate envelope is the same as that of the elector to whom a special ballot paper was issued; and
(c) that the signature on the certificate envelope appears to be the signature of the elector who applied for the special ballot paper.
87.62(5)If the special voting officers are satisfied that the requirements of subsection (4) have been fulfilled, they shall do the following:
(a) remove the ballot envelope from the certificate envelope;
(b) deposit the unopened ballot envelope in the special ballot box;
(c) 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
(d) destroy the certificate envelope.
87.62(6)If the special voting officers are not satisfied that the requirements of subsection (4) 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.
87.62(7)If a special voting officer or a returning officer receives a certificate envelope after 8 p.m. on ordinary polling day, the certificate envelope shall be dealt with in accordance with subsection (6), and he or she shall record in the special ballot poll book the time, date and place that the certificate envelope was received.
87.62(8)An elector who has not returned a certificate envelope in accordance with paragraph (3)(f) shall not be issued a second special ballot paper unless he or she does one of the following:
(a) returns the damaged or improperly marked special ballot paper that was originally issued to the elector to the special voting officer; or
(b) provides the special voting officer with an affidavit stating that he or she has reason to believe that the special ballot paper will not be received by the special voting officers by 8 p.m. on ordinary polling day, and the affidavit shall include the basis for the elector’s belief.
87.62(9)An elector who has inadvertently dealt with a special ballot paper delivered to him or her in such a manner that it cannot conveniently be used shall return it to the special voting officer, who shall deface the special ballot paper so as to render it a spoiled ballot paper and deliver another special ballot paper to the elector.
87.62(10)If an elector is unable to vote without assistance, a special voting officer may assist the elector in completing a special ballot paper in the presence of another special voting officer, the returning officer or an election clerk.
2010, c.6, s.94
Voting by special ballot paper
87.62(1)If a special ballot paper is issued to an elector in accordance with paragraph 87.61(2)(a) or subsection 87.61(3),
(a) the elector shall do the following:
(i) mark the special ballot paper in favour 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) deposit the special ballot paper in the ballot box; and
(b) the special voting officer shall record in the special ballot poll book that the elector has voted.
87.62(2)If a special ballot paper is issued to an elector under subsection 87.61(3), 2 special voting officers shall be present to take the vote of the elector.
87.62(3)On receipt of a special ballot paper issued under paragraph 87.61(2)(b), an elector shall do the following:
(a) mark the special ballot paper in favour 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) 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 voting officer who issued the special ballot paper no later than 8 p.m. on ordinary polling day.
87.62(4)On receipt of a certificate envelope, the special voting officers, acting together, shall ensure the following:
(a) that the certificate envelope is properly completed;
(b) that the name on the certificate envelope is the same as that of the elector to whom a special ballot paper was issued; and
(c) that the signature on the certificate envelope appears to be the signature of the elector who applied for the special ballot paper.
87.62(5)If the special voting officers are satisfied that the requirements of subsection (4) have been fulfilled, they shall do the following:
(a) remove the ballot envelope from the certificate envelope;
(b) deposit the unopened ballot envelope in the special ballot box;
(c) 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
(d) destroy the certificate envelope.
87.62(6)If the special voting officers are not satisfied that the requirements of subsection (4) 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.
87.62(7)If a special voting officer or a returning officer receives a certificate envelope after 8 p.m. on ordinary polling day, the certificate envelope shall be dealt with in accordance with subsection (6), and he or she shall record in the special ballot poll book the time, date and place that the certificate envelope was received.
87.62(8)An elector who has not returned a certificate envelope in accordance with paragraph (3)(f) shall not be issued a second special ballot paper unless he or she does one of the following:
(a) returns the damaged or improperly marked special ballot paper that was originally issued to the elector to the special voting officer; or
(b) provides the special voting officer with an affidavit stating that he or she has reason to believe that the special ballot paper will not be received by the special voting officers by 8 p.m. on ordinary polling day, and the affidavit shall include the basis for the elector’s belief.
87.62(9)An elector who has inadvertently dealt with a special ballot paper delivered to him or her in such a manner that it cannot conveniently be used shall return it to the special voting officer, who shall deface the special ballot paper so as to render it a spoiled ballot paper and deliver another special ballot paper to the elector.
87.62(10)If an elector is unable to vote without assistance, a special voting officer may assist the elector in completing a special ballot paper in the presence of another special voting officer, the returning officer or an election clerk.
2010, c.6, s.94