Indian Band Election Regulations (C.R.C., c. 952)

Acclamations

4.7 Where the office of chief and all offices of councillors are filled by acclamation,

• (a) the electoral officer shall post in at least one conspicuous place on the reserve, and mail to every elector who does not reside on the reserve, a notice that sets out the names of the persons who have been acclaimed and states that an election will not be held; and

• (b) sections 5 to 11 do not apply.

Manner in Which Voting Shall Be Carried Out

• 5 (1) Subject to subsection (3), the electoral officer shall prepare ballots setting out

  • (a) the names of the candidates nominated for election as chief, in alphabetical order; and

  • (b) the names of the candidates nominated for election as councillors, in alphabetical order.

• (2) Where two or more candidates have the same name, the electoral officer shall add to the ballots such additional information as is necessary to distinguish between those candidates.

• (3) Where the reserve consists of more than one electoral section, the electoral officer shall prepare separate ballots for the candidates for election as chief and for the candidates for election as councillors.

• (4) Subject to subsection (5), at least 35 days before the day on which an election is to be held, the electoral officer shall mail, to every elector who does not reside on the reserve, a package consisting of

  • (a) a ballot, initialled on the back by the electoral officer;

  • (b) an outer, postage-paid return envelope, pre-addressed to the electoral officer;

  • (c) a second, inner envelope marked “Ballot” for insertion of the completed ballot;

  • (d) a voter declaration form;

  • (e) a letter of instruction regarding voting by mail-in ballot;

  • (f) a statement

    • (i) identifying the location of all polling places, and

    • (ii) advising the elector that he or she may vote in person at a polling place on the day of the election in accordance with subsection 6(3) in lieu of voting by mail-in ballot; and

  • (g) a list of the names of any candidates who were acclaimed.

• (5) Where the reserve consists of more than one electoral section, the package mailed to an elector who does not reside on the reserve shall contain a ballot for the candidates for chief only.

• (6) At the request of an elector who resides on the reserve, the electoral officer shall provide a package referred to in subsection (4) to that elector.

• (6.1) The electoral officer shall indicate on the voters list that a ballot has been provided to each elector to whom a mail-in ballot was mailed or otherwise provided and keep a record of the date on which, and the addresses to which, each mail-in ballot was mailed.

• (6.2) An elector may vote by mail-in ballot by

  • (a) marking the ballot by placing a cross, check mark or other mark, that clearly indicates the elector’s choice but does not identify the elector, opposite the name of the candidate or candidates for whom he or she desires to vote;

  • (b) folding the ballot in a manner that conceals the names of the candidates and any marks but exposes the electoral officer’s initials on the back;

  • (c) placing the ballot in the inner envelope and sealing that envelope;

  • (d) completing and signing the voter declaration form in the presence of a witness who is at least 18 years of age;

  • (e) placing the inner envelope and the completed voter declaration form in the outer envelope; and

  • (f) delivering or, subject to subsection (6.7), mailing the mail-in ballot to the electoral officer before the time at which the polls close on the day of the election.

• (6.3) Where an elector is unable to vote in the manner set out in subsection (6.2), the elector may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with that subsection.

• (6.4) A witness referred to in paragraph (6.2)(d) shall attest to

  • (a) the fact that the person completing and signing the voter declaration form is the person whose name is set out in the form; or

  • (b) where the elector enlisted the assistance of another person under subsection (6.3), the fact that the elector is the person whose name is set out in the form and that the ballot was marked according to the directions of the elector.

• (6.5) An elector who inadvertently spoils a mail-in ballot may obtain another ballot by returning the spoiled ballot to the electoral officer.

• (6.6) An elector who loses a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

• (6.7) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the election are void.

• (6.8) An elector to whom a mail-in ballot was mailed or provided under subsection (4) or (6) is not entitled to vote in person at a polling place other than in accordance with subsection 6(3).

• (6.9) The electoral officer shall establish at least one polling place on the reserve.

• (7) The electoral officer shall procure or cause to be procured as many ballot boxes as there are polling places, and shall cause to be prepared a sufficient number of ballot papers for the purpose of the election.

• (8) The electoral officer shall, before the poll is open, cause to be delivered to his deputy the ballot papers, materials for marking the ballot papers, and a sufficient number of directions-for-voting as may be prescribed.

• (9) The electoral officer or his deputy shall provide a compartment at each polling place where the electors can mark their ballot papers free from observation, and he may appoint a constable to maintain order at such polling place.

• (10) Polling places shall be kept open from 9:00 a.m., local time, until 8:00 p.m., local time, on the day of the election.

• (11) A candidate shall be entitled to not more than two agents in a polling place at any one time.

• (12) [Repealed, SOR/2000-391, s. 4]

• (13) The electoral officer or his deputy shall, immediately before the commencement of the poll, open the ballot box and call such persons as may be present to witness that it is empty; he shall then lock and properly seal the box to prevent it being opened without breaking the seal and shall place it in view for the reception of the ballots, and the seal shall not be broken nor the box unlocked during the time appointed for taking the poll.

• (14) [Repealed, SOR/2000-391, s. 4]

• 6 (1) Subject to subsection 5(6.8), where a person attends at a polling place for the purpose of voting, the electoral officer or deputy electoral officer shall, if the person’s name is set out in the voters list, provide the person with a ballot.

• (2) The electoral officer or his deputy shall cause to be placed in the proper column of the voters’ list a mark opposite the name of every voter receiving a ballot paper.

• (3) An elector to whom a mail-in ballot was mailed or provided under subsection 5(4) or (6) may obtain a ballot and vote in person at a polling place if

  • (a) the elector returns the mail-in ballot to the electoral officer or deputy electoral officer; or

  • (b) where the elector has lost the mail-in ballot, the elector provides the electoral officer or deputy electoral officer with a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, deputy electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

• (4) The electoral officer or his deputy may and when requested to do so shall explain the mode of voting to a voter.

• (5) After receiving a ballot, an elector shall

  • (a) immediately proceed to the compartment provided for marking ballots;

  • (b) mark the ballot by placing a cross, check mark or other mark, that clearly indicates the elector’s choice but does not identify the elector, opposite the name of the candidate or candidates for whom he or she desires to vote;

  • (c) fold the ballot in a manner that conceals the names of the candidates and any marks, but exposes the initials on the back; and

  • (d) deliver the ballot to the electoral officer or deputy electoral officer.

• (5.1) On receipt of a completed ballot, the electoral officer or deputy electoral officer shall, without unfolding the ballot, verify the initials placed on it and deposit it in the ballot box in the presence of the voter and any other persons entitled to be present at the polling place.

• (6) While any voter is in the compartment for the purpose of marking his ballot paper, no other person shall, except as provided in subsection (7), be allowed in the same compartment or be in any position from which he can see the manner in which such voter marks his ballot paper.

• (7) At the request of any voter who is unable to vote in the manner set out in subsection (5), the electoral officer or deputy electoral deputy shall assist that voter by marking his or her ballot in the manner directed by the voter in the presence of another elector selected by the voter as a witness and place the ballot in the ballot box.

• (8) The electoral officer or his deputy shall state in the voters’ list in the column for remarks opposite the name of such elector the fact that the ballot paper was marked by him at the request of the voter and the reasons therefor.

• (9) A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used shall, upon returning it to the electoral officer or his deputy, be entitled to obtain another ballot paper, and the electoral officer or his deputy shall thereupon write the word “cancelled” upon the spoiled ballot paper and preserve it.

• (10) Any person who has received a ballot paper and who leaves the polling place without delivering the ballot paper to the electoral officer or his deputy, in the manner provided, or if, after receiving the ballot paper, refuses to vote, shall forfeit his right to vote at the election, and the electoral officer or his deputy shall make an entry in the voters’ list in the column for remarks opposite the name of such person to show that such person received the ballot paper and declined to vote, and the electoral officer or his deputy shall mark upon the face of the ballot paper the word “declined”, and all ballot papers so marked shall be preserved.

• (11) An elector whose name does not appear on the voters’ list may vote at an election if the electoral officer or his deputy is satisfied that such person is qualified to vote.

• (12) Every elector who is inside the polling place at the time fixed for closing the poll shall be entitled to vote before the poll is closed.

Counting of Votes

6.1 As soon as is practicable after the close of the polls, the electoral officer or deputy electoral officer shall, in the presence of any candidates or their agents who are present, open each envelope containing a mail-in ballot that was received before the close of the polls and, without unfolding the ballot,

• (a) reject the ballot if

  • (i) it was not accompanied by a voter declaration form, or the voter declaration form is not signed or witnessed,

  • (ii) the name of the elector set out in the voter declaration form is not on the voters list, or

  • (iii) the voters list shows that the elector has already voted; or

• (b) in any other case, place a mark on the voters list opposite the name of the elector set out in the voter declaration form, and deposit the ballot in a ballot box.

7 Immediately after the mail-in ballots have been deposited under section 6.1, the electoral officer or deputy electoral officer shall, in the presence of any candidates or their agents who are present, open all ballot boxes and

• (a) examine the ballot papers and reject all ballot papers

  • (i) that have not been supplied by him,

  • (ii) by which votes have been given for more candidates than are to be elected, or

  • (iii) on which anything appears by which the voter can be identified;

• (b) declare a ballot paper containing the names of candidates for more than one office, on which votes are given for more candidates for any office than are to be elected, to be void as regards all the candidates for such office; but such ballot paper shall be good as regards the votes for any other offices in respect of which the voter has not voted for more candidates than are to be elected;

• (c) subject to review on recount or on an election appeal, take a note of any objection made by any candidate or his agent to any ballot paper found in the ballot box and decide any question arising out of the objection;

• (d) number such objection and place a corresponding number on the back of the ballot paper with the word “allowed” or “disallowed”, as the case may be, with his initials;

• (e) from the ballots not rejected or declared void under paragraph (b), count the votes given for each candidate who has not withdrawn before the close of the polls; and

• (f) prepare and sign a statement of the number of votes for each candidate and the number of ballots rejected.