Elections Modernization Act (S.C. 2018, c. 31)

• 166 (1) The portion of subsection 243.1(1) of the Act before paragraph (b) is replaced by the following:

  Marginal note:Voting at home

  • 243.1 (1) On application of an elector who is unable to read — or who is unable to vote in the manner described in this Division because of a disability — and who is unable to personally go to the office of the returning officer because of a disability, an election officer shall go to the elector’s dwelling place and, in the presence of a witness who is chosen by the elector, assist the elector by

    • (a) completing the declaration referred to in paragraph 227(2)(c) and writing the elector’s name where the elector’s signature is to be written; and

• (2) Subsection 243.1(2) of the Act is replaced by the following:

  • Marginal note:Note on declaration

    (2) The election officer and the witness who assist an elector under subsection (1) shall indicate, by signing the note on the declaration, that the elector was assisted.

167 The Act is amended by adding the following after section 244:

168 Subsection 245(1) of the Act is replaced by the following:

169 Section 246 of the Act is replaced by the following:

• 170 (1) Subsection 247(1) of the Act is replaced by the following:

  Marginal note:Notification of issue of the writs

  • 247 (1) Without delay after the issue of the writs, the Chief Electoral Officer shall inform the federal and provincial ministers responsible for correctional institutions of their issue.

• (2) The portion of subsection 247(2) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Obligations of ministers

    (2) On being informed of the issue of the writs, each minister referred to in subsection (1) shall

    • (a) inform their respective designated coordinating officer of their issue;

• (3) Paragraph 247(2)(c) of the Act is replaced by the following:

  • (c) inform the Chief Electoral Officer and their respective designated coordinating officer of the name and address of each liaison officer.

171 Subsection 248(2) of the Act is replaced by the following:

172 Subsection 250(2) of the Act is replaced by the following:

173 Subsection 251(1) of the Act is replaced by the following:

• 174 (1) Subsection 253(1) of the Act is replaced by the following:

  Marginal note:Polling stations and election officers

  • 253 (1) Before the 18th day before polling day, each returning officer shall, for each correctional institution in his or her electoral district, in consultation with the liaison officer for the institution, establish one or more polling stations and assign at least two election officers to each polling station.

• (2) Paragraph 253(2)(a) of the Act is replaced by the following:

  • (a) provide, as necessary, the materials to the election officers who are assigned under subsection (1) to a polling station for the correctional institution; and

175 The portion of section 254 of the Act before paragraph (a) is replaced by the following:

176 Section 256 of the Act is replaced by the following:

• 177 (1) Subsection 257(1) of the Act is replaced by the following:

  Marginal note:Declaration of elector

  • 257 (1) Before delivering a special ballot to an elector, an election officer who is assigned to a polling station at a correctional institution shall require the elector to complete an application for registration and special ballot, if the elector has not already done so, and to sign the declaration on the outer envelope.

• (2) The portion of subsection 257(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Giving special ballot to elector

    (2) After the elector has signed the declaration on the outer envelope, the election officer shall

• 178 (1) The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Voting by special ballot

  • 258 (1) The elector shall vote by writing on the special ballot the name of the candidate of his or her choice, folding it and, in the presence of the election officer,

• (2) Subsection 258(3) of the Act is replaced by the following:

  • Marginal note:Spoiled special ballot

    (3) If the special ballot is incapable of being used, the elector shall return it to the election officer, who shall mark it as a spoiled ballot and give the elector another special ballot.

• 179 (1) The portion of subsection 259(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Assistance

  • 259 (1) If an elector is unable to read or because of a disability is unable to vote in the manner described in this Division, an election officer who is assigned to the polling station shall assist the elector by

• (2) Paragraph 259(1)(b) of the Act is replaced by the following:

  • (b) marking the special ballot as directed by the elector in his or her presence and in the presence of another election officer who is assigned to the polling station.

• (3) Subsection 259(2) of the Act is replaced by the following:

  • Marginal note:Note on outer envelope

    (2) The election officers shall sign a note on the outer envelope indicating that the elector was assisted.

180 The portion of section 260 of the Act before paragraph (a) is replaced by the following:

181 Section 261 of the Act is replaced by the following:

• 182 (1) The portion of subsection 267(1) of the Act before paragraph (c) is replaced by the following:

  Marginal note:Setting aside of inner envelope

  • 267 (1) The special ballot officers shall set aside an inner envelope unopened if

    • (a) the information concerning the elector, as set out in the declaration referred to in paragraph 227(2)(c) or subsection 257(1), does not correspond with the information on the application for registration and special ballot;

    • (b) a declaration referred to in paragraph (a) or in section 212 — other than one in respect of an elector who has voted with assistance under section 216, 243 or 259 — does not bear the elector’s signature;

• (2) Paragraph 267(1)(c) of the English version of the Act is replaced by the following:

  • (c) the correct electoral district of the elector whose ballot is contained in the inner envelope cannot be ascertained;

• (3) Paragraph 267(1)(d) of the Act is replaced by the following:

  • (d) the outer envelope has been received by the special voting rules administrator in the National Capital Region after 6:00 p.m. on polling day; or

• (4) Subsection 267(2) of the Act is replaced by the following:

  • Marginal note:Procedure when elector votes more than once

    (2) If, after receiving an elector’s outer envelope but before counting the inner envelopes, the special ballot officers ascertain that the elector has voted more than once, they shall set the elector’s inner envelope aside unopened.

• (5) The portion of subsection 267(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Disposition of inner envelopes that are set aside

    (3) When an inner envelope is set aside unopened as described in subsection (1) or (2),

    • (a) it shall be endorsed by the special voting rules administrator with the reason why it has been set aside;

• (6) Paragraph 267(3)(c) of the Act is replaced by the following:

  • (c) in the case of an inner envelope set aside under subsection (1), the ballot contained in it is deemed to be a spoiled ballot.

• (7) Subsection 267(4) of the Act is replaced by the following:

  • Marginal note:Envelopes and declarations kept together

    (3.1) When an inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.

  • Marginal note:Dispute

    (3.2) If a dispute arises regarding the setting aside of inner envelopes, it shall be referred to the special voting rules administrator, whose decision is final.

  • Marginal note:Special report

    (4) The special voting rules administrator shall prepare a report in respect of the number of inner envelopes that are set aside under this Division.

183 Paragraphs 272(b) and (c) of the Act are replaced by the following:

184 Sections 273 and 274 of the Act are replaced by the following:

185 Subsection 275(1) of the Act is replaced by the following:

• 186 (1) Subsection 276(1) of the Act is replaced by the following:

  Marginal note:Verification of declarations

  • 276 (1) The election officers referred to in section 273 shall verify the declarations made under paragraph 227(2)(c), at the time fixed by the Chief Electoral Officer and in accordance with his or her instructions, by determining from the information in the declaration whether the elector is entitled to vote in the electoral district.

• (2) Subsection 276(3) of the Act is replaced by the following:

  • Marginal note:Provision of materials to election officer

    (3) One of the election officers shall be provided with the applications for registration and special ballot received before the deadline, along with any other materials that may be required.

• 187 (1) The portion of subsection 277(1) of the Act before paragraph (d) is replaced by the following:

  Marginal note:Setting aside of inner envelope

  • 277 (1) An election officer referred to in section 273 shall set aside an elector’s inner envelope unopened if

    • (a) the information concerning the elector, as set out in the elector’s declaration made under paragraph 227(2)(c), does not correspond with the information on the application for registration and special ballot;

    • (b) the declaration — other than one in respect of an elector who has voted with assistance under section 243 or 243.1 — does not bear the elector’s signature;

    • (c) the elector has voted more than once; or

• (2) Paragraph 277(1)(d) of the French version of the Act is replaced by the following:

  • d) l’enveloppe extérieure est reçue après le délai fixé.

• (3) Subsections 277(2) and (3) of the Act are replaced by the following:

  • Marginal note:Registering objections

    (2) When the declarations are verified, an election officer referred to in section 273 shall register any objection to an elector’s right to vote in the electoral district in the prescribed form.

  • Marginal note:Noting of reasons for setting aside

    (3) When an elector’s inner envelope is set aside unopened as described in subsection (1), the election officer who set it aside shall note on it the reasons for the setting aside. The election officer and another election officer referred to in section 273 shall both initial the envelope.

  • Marginal note:Envelopes and declarations kept together

    (4) When an elector’s inner envelope is set aside unopened as described in this section, it shall be kept with the outer envelope and — if it did not appear on the outer envelope — the declaration.