Canada Elections Act

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;

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

  • (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

  • (e) the outer envelope relates to an electoral district for which the election was postponed in accordance with section 77.

• 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.

• 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;

  • (b) at least two special ballot officers shall initial the endorsement; and

  • (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.

• 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.