The Referendum and Plebiscite Regulations

Transcription

1 1 The Referendum and Plebiscite Regulations being Chapter R-8.01 Reg 1 (effective September 10, 1991). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 Table of Contents 1 Title 2 Interpretation 3 Adoption of Election Act provisions and forms 4 Interpretation of adopted provisions and forms 5 Forms 6 Officials 7 Writ of referendum 8 Writ of plebiscite 9 Referendum or plebiscite question 10 Duty of Chief Electoral Officer 11 Ballot paper 12 Voters list 13 Eligibility of certain persons 14 Polling divisions 15 Polling places 16 Proclamation 17 Appointment of representatives 18 Mode of marking, folding and depositing ballot paper 19 Ballot paper re vote in hospital, etc. 20 Voting procedure in hospital, etc. 21 Procedures re votes taken in hospital, etc. where referendum/plebiscite and election on same day 22 Procedures re votes taken in hospital, etc, where referendum/plebiscite not on same day as election 23 Procedure at counting of votes 24 Rejected ballots 25 Duties of returning officer 26 Special report by returning officer 27 Recount or addition - referendum 28 Application by voter for recount, etc. 29 Order 30 Designation of judge 31 Procedure at recount 32 Review of decision of returning officer 33 Certificate of supervising judges 34 Costs of recount or addition 35 Hearing re failure to proceed with recount, etc. 36 Appeal from decision of supervising judges 37 Compelling returning officer to add votes 38 Duties of Chief Electoral Officer 39 Referendums and plebiscites not invalid in certain cases 40 Conflicting questions Appendix Form A Oath of Secrecy Form B Writ of Referendum Form C Writ of Plebiscite Form D Form of Ballot Paper Form E Affidavit of Printer Form F Proclamation of Referendum Form G Proclamation of Plebiscite Form H Declaration of Representative Form I Declaration of Voter Form J Statement of Returning Officer Respecting Votes Cast and Ballot Papers Used at the Polling Places Form K Affidavit to be Taken by Returning Officer After Sending Return to the Chief Electoral Officer Form L Directions for the Guidance of Voters Form M Oath of Friend of Blind Voter Form N Ballot Paper Account and Poll Statement Form O Oath of Deputy Returning Officer after Closing of the Polling Place for Voting Form P Ballot Envelope for Ballot Cast by Incapicitated Voter Form Q Petition

3 3 CHAPTER The Referendum and Plebiscite Act Title 1 These regulations may be cited as The Referendum and Plebiscite Regulations. Interpretation 2(1) In these regulations: (a) Act means The Referendum and Plebiscite Act; (b) polling day means the day fixed pursuant to clause 7(1)(c) or 8(1)(c) for taking the votes of the voters; (c) rejected ballot means a ballot that is rejected pursuant to section 24 or subsection 40(4); (d) support means: (i) in relation to a referendum or plebiscite question described in subsection 9(1) or a referendum or plebiscite question that includes a preliminary question described in subsection 40(2), to be in favour of voting for only one of the options stated in the question; and (ii) in relation to a referendum or plebiscite question described in subsection 9(2), to be in favour of voting yes to the question. (2) For the purposes of the Act and these regulations: (a) (b) ballots validly cast means ballots that are not: (i) spoiled ballots; (ii) rejected ballots; (iii) declined ballots; (iv) unused ballots; or (v) ballots contained in unopened ballot envelopes; oppose means: (i) in relation to a referendum or plebiscite question described in subsection 9(1) or a referendum or plebiscite question that includes a preliminary question described in subsection 40(2), to be in favour of voting against all of the options stated in the question; and (ii) in relation to a referendum or plebiscite question described in subsection 9(2), to be in favour of voting no to the question.

4 4 (3) For the purposes of the Act: (a) electors where used in clause 7(1)(b) of the Act means persons who are qualified voters pursuant to The Election Act and whose names appear as electors on the voters list prepared for use in: (b) (c) (i) the last general election; (ii) the last general federal election; or (iii) the last municipal elections; promoting where used in subsection 11(4) of the Act means supporting; promote where used in section 12 of the Act means support. 13 Sep 91 cr-8.01 Reg 1 s2. Adoption of Election Act provisions and forms 3(1) The provisions of The Election Act that are: (a) set out in Table 1 of Part 1 of the Appendix to these regulations; or (b) mentioned in these regulations; are adopted, with any necessary modification, for the purposes of referendums and plebiscites conducted pursuant to the Act. (2) The provisions of The Election Act adopted pursuant to clause (1)(b) are subject to any limitation specified in these regulations. (3) The forms in the First Schedule to The Election Act that are set out in Table 2 of Part 1 of the Appendix to these regulations are adopted, with any necessary modification and without further reference in these regulations, for the purposes of referendums and plebiscites conducted pursuant to the Act. 13 Sep 91 cr-8.01 Reg 1 s3. Interpretation of adopted provisions and forms 4(1) For the purpose of interpreting the provisions and forms of The Election Act that are adopted pursuant to section 3: (a) ballot box where it occurs for the second time in clause 89(11)(a) of that Act means the appropriate ballot box for that ballot, whether or not the ballot was in the correct envelope; (b) candidate : (i) where used: (A) in clause 89(11)(b); (B) in clauses 120(c) and 121(b); (C) where it first occurs in section 123; and (D) in section 124; of that Act means option on the referendum or plebiscite question;

5 5 (ii) where it occurs for the second time in section 123 of that Act means the representatives, if any, appointed by the returning officer pursuant to subsection 17(4); and (iii) where used: (A) in clauses 110(i) and (l); (B) in subclause 110(q)(i); and (C) in paragraph 6 of section 117; of that Act, and where an election is not held on the same day that a referendum or plebiscite is conducted, means option on the referendum or plebiscite question; (c) candidate for whom where used in subsections 159(1) and (2) of that Act means the option on the referendum or plebiscite question for which; (d) circle to the right of the name of the candidate for whom he intends to vote where used in clause 89(7)(a) of that Act means place provided to indicate that the voter opposes or supports the referendum or plebiscite question; (e) election where used in that Act means referendum or plebiscite; (f) fire where used in section 150 of that Act means shredding ; (g) general election where used in that Act means a referendum or plebiscite that is conducted in every constituency on the same day; (h) name of the candidate for whom where used in subsection 81(3) and sections 160 and 161 of that Act means the option on the referendum or plebiscite question for which; (i) names of the candidates where used in section 78 and clause 89(7)(b) of that Act means the referendum or plebiscite question; (j) order of the Lieutenant Governor in Council where used in subsection 4(2) of that Act means the order mentioned in section 7 or the order or resolution mentioned in section 8, as the case may be; (k) polling day where used in that Act means the day on which a referendum or plebiscite is conducted; (l) support of or for a candidate or political party or group where used in subsection 166(2) of that Act means support of or for, or opposition to, an option on a referendum or plebiscite question; (m) the candidacy of a particular person where used in section 196 of that Act means an option on a referendum or plebiscite question; (n) the election of any candidate where used in subsection 166(1) of that Act means votes supporting or opposing an option on a referendum or plebiscite question;

6 6 (o) this Act where used: (i) in subsections 192(1), 193(1) and (2) and 194(1) and (2), section 197, subsections 198(1) and (2) and 227(1) and section 232 of that Act means these regulations; and (ii) in clauses 142(a) and (b) of that Act means that Act and these regulations; (p) writ where used in that Act means writ of referendum or writ of plebiscite; (q) writ of election where used in that Act means writ of referendum or writ of plebiscite; (r) written appointments delivered by representatives pursuant to section 49 where used: (i) in subclause 109(c)(v) of that Act; and (ii) in subclauses 94(h)(iii) and 110(q)(v) of that Act and where an election is not held on the same day that a referendum or plebiscite is conducted; means declarations in Form H made by representatives appointed pursuant to subsection 17(1). (2) For the purpose of interpreting the provisions and forms of The Election Act that are adopted pursuant to section 3: (a) a reference in a provision or form of The Election Act to a provision of The Election Act that is listed in Column 1 of Table 3 of Part 1 of the Appendix to these regulations is deemed to be a reference to the provision of these regulations that is listed in Column 2 of that table opposite the provision in Column 1; (b) a reference in a provision or form of The Election Act to a form that is listed in Column 1 of Table 4 of Part 1 of the Appendix to these regulations is deemed to be a reference to the form listed in Column 2 of that table opposite the form in Column 1; and (c) a reference in The Election Act to representatives of candidates is deemed to be a reference to representatives appointed pursuant to section 17 or subsection 22(4). (3) Where an election is held on the same day that a referendum is conducted: (a) subsection 75(1) of The Election Act is to be interpreted as if the words for the election or for the referendum or plebiscite were added after ballot paper ; and (b) a person who refuses to accept a ballot for the referendum or plebiscite is deemed, for the purposes of subsections 84(2) and (3) of that Act as adopted pursuant to section 3, to have declined the ballot. 13 Sep 91 cr-8.01 Reg 1 s4.

7 7 Forms 5(1) The forms prescribed for the purposes of conducting referendums and plebiscites are: (a) the forms set out in Part 2 of the Appendix to these regulations; and (b) the forms adopted pursuant to section 3. (2) Of the forms set out in Part 2 of the Appendix: (a) Forms A to K are forms specifically mentioned in the regulations; (b) Forms L to P are forms that are to be used in applying provisions of The Election Act that are adopted pursuant to section 3; and (c) Form Q is prescribed for the purposes of clause 7(1)(a) of the Act. 13 Sep 91 cr-8.01 Reg 1 s5. Officials 6(1) Subject to subsection (3), the Chief Electoral Officer, Assistant Chief Electoral Officer, election officers, enumerators, interpreters and constables appointed pursuant to The Election Act are the Chief Electoral Officer, Assistant Chief Electoral Officer, election officers, enumerators, interpreters and constables for the purposes of the Act and these regulations. (2) Where an election is held on the same day that a referendum or plebiscite is conducted, the Chief Electoral Officer, Assistant Chief Electoral Officer, election officers, enumerators, interpreters and constables appointed pursuant to The Election Act shall act in the same capacity and perform the same duties for the purposes of and in connection with the referendum or plebiscite as they do for the election. (3) Where an election is not held on the same day that a referendum or plebiscite is conducted, election clerks, deputy returning officers, poll clerks, interpreters and constables may be appointed for the purposes of the Act and these regulations in accordance with subsections 8(3) and 9(1), sections 10 and 11, subsections 30(2.2) and (2.3) and sections 52, 53, 56, 57 and 82 of The Election Act. (4) The returning officer shall complete the oath of secrecy in Form A and forward it to the Chief Electoral Officer with the copies of the proclamation being forwarded pursuant to clause 16(3)(a). 13 Sep 91 cr-8.01 Reg 1 s6. Writ of referendum 7(1) Subject to subsections (2) to (5), a referendum is to be commenced by an order of the Lieutenant Governor in Council: (a) directing the Chief Electoral Officer to issue a writ of referendum in Form B addressed to the person appointed as returning officer for the constituency in which the referendum is to be conducted; (b) fixing the day that the writ of referendum is to issue;

8 8 (c) fixing the day for the taking of votes of the voters; (d) fixing any five days before polling day on which the advance poll is to be held; and (e) fixing the day on which the returning officer shall add up the number of votes cast for each option on the referendum question and make a return to the writ. (2) The day mentioned in clause (1)(b) may be the same day that the order is issued or a day subsequent to that day. (3) The day mentioned in clause (1)(c) is to be: (a) the day specified by the Lieutenant Governor in Council; or (b) if the day specified is a holiday, Saturday or Sunday, the first day following that is not a holiday, Saturday or Sunday. (4) The five days mentioned in clause (1)(d): (a) are not to be Sundays or holidays; and (b) are to be not more than seven days and not less than one day before polling day. (5) The day mentioned in clause (1)(e) is to be: (a) (b) the twelfth day after polling day; or if the twelfth day is a holiday, the first day following that is not a holiday. 13 Sep 91 cr-8.01 Reg 1 s7. Writ of plebiscite 8(1) Subject to subsections (2) to (5), a plebiscite is to be commenced by an order of the Lieutenant Governor in Council or the minister or a resolution of the Assembly: (a) directing the Chief Electoral Officer to issue a writ of plebiscite in Form C addressed to the person appointed as returning officer for the constituency in which the plebiscite is to be conducted; (b) fixing the day that the writ of plebiscite is to issue; (c) fixing the day for the taking of votes of the voters; (d) fixing any five days before polling day on which the advance poll is to be held; and (e) fixing the day on which the returning officer shall add up the number of votes cast for each option on the plebiscite question and make a return to the writ. (2) The day mentioned in clause (1)(b) may be the same day that the order is issued or the resolution is passed or a day subsequent to that day. (3) The day mentioned in clause (1)(c) is to be:

9 9 (a) the day specified by the Lieutenant Governor in Council, the minister or the Assembly, as the case may be; or (b) if the day specified is a holiday, Saturday or Sunday, the first day following that is not a holiday, Saturday or Sunday. (4) The five days mentioned in clause (1)(d): (a) are not to be Sundays or holidays; and (b) are to be not more than seven days and not less than one day before polling day. (5) The day mentioned in clause (1)(e) is to be: (a) the twelfth day after polling day; or (b) if the twelfth day is a holiday, the first day following that is not a holiday. 13 Sep 91 cr-8.01 Reg 1 s8. Referendum or plebiscite question 9(1) Where an order mentioned in section 7 or an order or resolution mentioned in section 8 directs that a question presenting more than two options be put to voters, the ballot paper used at the referendum or plebiscite is to state clearly that the options are alternatives to each other so that a voter may vote in favour of only one of the options or against all of the options. (2) Where an order mentioned in section 7 or an order or resolution mentioned in section 8 directs that a question presenting two options be put to voters, the question is to be so worded that a voter may express an opinion on the question by making a cross, thus X, after the word yes on the ballot paper or a cross, thus X, after the word no on the ballot paper. 13 Sep 91 cr-8.01 Reg 1 s9. Duty of Chief Electoral Officer 10 The Chief Electoral Officer shall: (a) whenever the Chief Electoral Officer considers it expedient; but (b) not later than immediately after the issue of the writ; transmit to each returning officer a sufficient number of copies of the Act, these regulations, The Election Act, forms, materials and supplies to enable the returning officer to carry out his or her duties pursuant to these regulations. 13 Sep 91 cr-8.01 Reg 1 s10. Ballot paper 11(1) Every ballot paper, including the ballot paper of a person voting in accordance with section 20 of these regulations: (a) subject to subsection (2), is to be printed in Form D; (b) is to be printed on paper of a quality, weight and size that is determined and supplied by the Chief Electoral Officer;

10 10 (c) is to be of the same description, as nearly as possible, as other ballot papers intended for use in the same referendum or plebiscite and in an election, if any, held on the same day as the referendum or plebiscite is conducted; (d) is to be numbered consecutively on the back of the stub and on the back of the counterfoil, with the same number being printed on the back of the stub as is printed on the back of the counterfoil; (e) is to bear on the back of the ballot paper: (i) the date of the referendum or plebiscite; and (ii) the words Referendum/Plebiscite Question # with the question number filled in; placed in such a way that, when the ballot paper is folded by a voter, the date and those words can be seen without opening the ballot paper; (f) is to bear on the back of the ballot paper, in six-point type, the name and address of the printer who completes the printing of the ballot paper; (g) is to have the instructions to voters printed on the counterfoil; (h) is to have a stub at the left edge of the ballot paper that is 25.4 millimetres in width; (i) is to have a counterfoil that: (i) is the portion of the ballot paper that is to the right of the stub; and (ii) is 50.8 millimetres in width; (j) is to have a ballot that: (i) is to the right of the counterfoil; and (ii) is millimetres in width; and (k) is to have a line of perforations: (i) between the stub and the counterfoil; and (ii) 50.8 millimetres to the right of the line of perforations mentioned in subclause (i) to separate the counterfoil from the ballot. (2) The Chief Electoral Officer shall set out the referendum or plebiscite question on the ballot paper for a referendum or plebiscite in a manner that, in the opinion of the Chief Electoral Officer, will best ensure that the options on the question are clearly indicated. (3) The Chief Electoral Officer shall: (a) furnish a printer with a quantity of sheets sufficient to provide one ballot paper to each voter; and (b) cause the printer to print the referendum or plebiscite question on each ballot paper. (4) The printer shall print the ballot paper:

11 11 (a) (b) subject to subsection (2), in Form D; and unless otherwise authorized by the Chief Electoral Officer, with: (i) the referendum or plebiscite question, instructions to voters and the place to indicate the voter s vote printed in black ink; and (ii) the face and counterfoil of the ballot paper appearing in the natural colour of the paper. (5) The Chief Electoral Officer shall furnish each returning officer with a quantity of ballot papers sufficient to provide one ballot paper to each voter in the constituency. (6) The printer who completes the ballot papers on the instructions of the Chief Electoral Officer shall: (a) (b) print on the back of each ballot paper: (i) the date of the referendum or plebiscite; (ii) the printer s name and address in six-point type; and (iii) the words Referendum/Plebiscite Question # with the question number filled in; and deliver to the Chief Electoral Officer: (i) an affidavit in Form E; (ii) the printed ballot papers; and (iii) any spoiled or unused sheets of paper provided by the Chief Electoral Officer. 13 Sep 91 cr-8.01 Reg 1 s11. Voters list 12(1) Where an election is to be held on the polling day for a referendum or plebiscite, the voters list to be used for the referendum or plebiscite is the official voters list for the election. (2) Subject to subsection (3), where an election is not to be held on the polling day for a referendum or plebiscite, the voters list to be used for the referendum or plebiscite is the official voters list for the last election held prior to the polling day for the referendum or plebiscite. (3) Where an election is not to be held on the polling day for a referendum or plebiscite, the Chief Electoral Officer may direct that an enumeration be conducted in accordance with sections 19 to 21, clauses 22(1)(b) to (d), subsection 22(2), sections 23 and 24, subsections 25(1) to (3), section 26, subsections 239(1) to (3), clauses 239(4)(a) and (c), subsection 239(5) and section 240 of The Election Act for the purposes of the referendum or plebiscite. 13 Sep 91 cr-8.01 Reg 1 s12.

12 12 Eligibility of certain persons 13(1) Where an election is not to be held on the same day as a referendum or plebiscite is to be conducted, a member and a spouse or dependent of a member who lives with the member and is qualified as a voter is entitled: (a) (b) to have his or her name entered on the voters list for: (i) the polling division in which the ordinary residence of the member is situated; or (ii) any one polling division in the constituency that the member represents; and to vote: (i) in the polling division in which his or her name is entered on the voters list pursuant to clause (a); or (ii) at an advance poll in the constituency in which the polling division mentioned in subclause (i) is situated. (2) Where an election is to be held on the same day that a referendum or plebiscite is to be conducted, subsection 28(5) of The Election Act applies with respect to voting on the referendum or plebiscite question by a candidate and the candidate s spouse and dependants. 13 Sep 91 cr-8.01 Reg 1 s13. Polling divisions 14(1) Where an election is to be held on the polling day for a referendum or plebiscite, the polling divisions to be used for the referendum or plebiscite are the polling divisions established pursuant to section 18 of The Election Act for the election. (2) Subject to subsection (3), where an election is not to be held on the polling day for a referendum or plebiscite, the polling divisions to be used for the referendum or plebiscite are the polling divisions established pursuant to section 18 of The Election Act for the last election held prior to the polling day for the referendum or plebiscite. (3) Where an election is not to be held on the polling day for a referendum or plebiscite, the Chief Electoral Officer may direct the returning officers to establish polling divisions in accordance with section 18 of The Election Act for the purposes of the referendum or plebiscite. 13 Sep 91 cr-8.01 Reg 1 s14. Polling places 15(1) Where an election is to be held on the polling day for a referendum or plebiscite, the polling places to be used for the referendum or plebiscite, including the advance polling places, are the polling places established pursuant to sections 30, 32 and 91 and subsection 104(1) of The Election Act for the election.

13 13 (2) Where an election is not to be held on the polling day for a referendum or plebiscite, the polling places to be used for the referendum or plebiscite, including the advance polling places, are to be established pursuant to sections 30, 32 and 91 and subsection 104(1) of The Election Act. 13 Sep 91 cr-8.01 Reg 1 s15. Proclamation 16(1) The returning officer shall publish by proclamation in Form F for a referendum or in Form G for a plebiscite: (a) the day that is to be the polling day; (b) the numbers, names and fully described boundaries of the polling divisions of the constituency and the places at which the voting will be held; (c) where there is a sanatorium, hospital or remand centre in the constituency, the hours, if any, prescribed by the returning officer in accordance with section 92 of The Election Act as the hours during which the polling place in the sanatorium, hospital or remand centre is to be open; (d) the places at which the advance poll will be held and the days and the hours when the advance poll at those places will be open; (e) the day fixed pursuant to clause 7(1)(e) or 8(1)(e), the time when and the place where the returning officer will add up the number of votes cast for each of the options on the referendum or plebiscite question; and (f) the referendum or plebiscite question. (2) The returning officer shall cause copies of the proclamation to be posted not less than 24 clear days before the polling day: (a) in the office of the returning officer; and (b) with the approval of the Postmaster General of Canada or other proper officer, at every post office in the constituency. (3) As soon as the proclamation is printed, the returning officer shall send by ordinary mail: (a) 10 copies to the Chief Electoral Officer; and (b) one copy to the council of each city, town, village or rural municipality that is wholly or partly situated within the constituency. 13 Sep 91 cr-8.01 Reg 1 s16. Appointment of representatives 17(1) The deputy returning officer for each polling place shall appoint: (a) not more than two voters who are willing to act on behalf of those who support; and (b) not more than two voters who are willing to act on behalf of those who oppose; a referendum or plebiscite question.

14 14 (2) Persons appointed pursuant to subsection (1) are to be selected: (a) from among the applicants for those appointments; (b) on behalf of persons, if any, who apply to have those appointments made; or (c) if no persons apply pursuant to clause (a) or (b), from among those persons present at the polling place at the close of the poll. (3) Persons appointed pursuant to subsection (1) are entitled to be present at the polling place and to perform at the polling place any functions that: (a) these regulations authorize them to perform; and (b) The Election Act authorizes representatives of candidates to perform. (4) The returning officer for each constituency shall appoint: (a) not more than two voters who are willing to act on behalf of those who support; and (b) not more than two voters who are willing to act on behalf of those who oppose; a referendum or plebiscite question. (5) Persons appointed pursuant to subsection (4) are to be selected: (a) from among the persons, if any, appointed pursuant to subsection (1) in the constituency who apply to the returning officer to be appointed; or (b) if no persons apply pursuant to clause (a), from among those persons present at the proceedings provided for by sections 97 and 117 of The Election Act and section 25 of these regulations. (6) The persons appointed pursuant to subsection (4) are entitled: (a) to be present at places other than polling places for the proceedings provided for by sections 97 and 117 of The Election Act and section 25 of these regulations; and (b) to perform at those proceedings the functions that: (i) these regulations authorize them to perform; and (ii) The Election Act authorizes representatives of candidates to perform. (7) Where the Chief Electoral Officer, a returning officer or a deputy returning officer is required by The Election Act or these regulations to seal a ballot box, envelope or parcel, the officer shall permit the persons appointed pursuant to subsection (1) or (4), if any, who are present to affix their seals to the ballot box, envelope or parcel. (8) Before a person appointed pursuant to subsection (1) or (4) enters on his or her duties, the person shall make and subscribe before the returning officer or deputy returning officer a declaration in Form H to the effect that he or she is willing to act on behalf of those who oppose or support the referendum or plebiscite question, as the case may be.

15 15 (9) No election officer, enumerator or constable shall be appointed as a representative pursuant to this section. 13 Sep 91 cr-8.01 Reg 1 s17. Mode of marking, folding and depositing ballot paper 18(1) On receiving a ballot paper, a voter shall: (a) (b) immediately proceed into the polling booth; and with: (i) the black lead pencil provided; (ii) a black or blue ink pen; or (iii) a black or blue ball-point pen; mark the ballot paper by placing a cross, thus X, in the place provided to indicate that the voter opposes or supports the referendum or plebiscite question. (2) After marking a ballot paper, a voter shall: (a) fold the ballot paper across twice right to left without overlapping the counterfoil by: (i) folding inward, from right to left, one-third of the ballot paper; and (ii) folding the folded edge, from right to left, to the edge of the counterfoil; so that the referendum or plebiscite question and the mark on the face of the paper are concealed, but the initials of the deputy returning officer are exposed; (b) leave the polling booth; (c) deliver the folded ballot paper to the deputy returning officer without delay and without: (i) showing the front to anyone; or (ii) displaying the ballot paper so as to make known to any person the option on the referendum or plebiscite question for which the voter has or has not marked a vote; (d) observe the deputy returning officer deposit the ballot paper in the ballot box; and (e) after the ballot paper has been deposited in the ballot box, immediately leave the polling place. 13 Sep 91 cr-8.01 Reg 1 s18. Ballot paper re vote in hospital, etc. 19(1) The ballot paper to be used for the purpose of taking a vote in a sanatorium, hospital or remand centre shall be in Form D.

16 16 (2) For the purpose of taking the votes in each sanatorium, hospital and remand centre situated in a constituency, the Chief Electoral Officer shall send to the returning officer a sufficient supply of ballot envelopes on which a declaration in Form I is printed. 13 Sep 91 cr-8.01 Reg 1 s19. Voting procedure in hospital, etc. 20(1) Notwithstanding section 65 of The Election Act, a person who is a patient in a sanatorium or hospital or a remand prisoner in a remand centre may vote on a referendum or plebiscite question at a polling place established in the sanatorium, hospital or remand centre in accordance with subsection 91(1) of The Election Act or subsection 15(2) of these regulations. (2) Except as provided in sections 91 and 92 of The Election Act and in this section, voting in a sanatorium, hospital or remand centre is to be conducted in the same manner as voting at any other polling place. (3) Where a patient enters a polling place established in a sanatorium or hospital or a remand prisoner enters a polling place established in a remand centre: (a) the deputy returning officer shall require the patient or remand prisoner to declare his or her: (b) (c) (i) name; (ii) occupation; (iii) post office address; (iv) location of residence; and (v) constituency of ordinary residence on the day that the writ was issued; the poll clerk shall: (i) complete the declaration in Form I on the ballot envelope from the information supplied by the voter and by reference to the material furnished by the Chief Electoral Officer with respect to the constituencies in Saskatchewan; and (ii) record the name of the patient or remand prisoner in the poll book and fill in the appropriate spaces opposite the voter s name; and the deputy returning officer shall: (i) request the patient or remand prisoner to make the declaration; and (ii) after the patient or remand prisoner has completed the declaration, but not otherwise, hand the patient or remand prisoner a ballot paper in Form D, initialled in the manner described in section 76 of The Election Act. (4) Subject to subsection (5), on receiving a ballot paper from a patient or remand prisoner, the deputy returning officer shall proceed in accordance with section 78 of The Election Act.

17 17 (5) Instead of placing the ballot paper in the ballot box, the deputy returning officer shall: (a) place the ballot paper in the ballot envelope bearing the declaration made by the patient or remand prisoner; (b) seal the envelope; and (c) deposit the sealed envelope containing the ballot paper in the ballot box. (6) Where a patient or remand prisoner refuses to make a declaration: (a) the poll clerk shall make a notation to that effect in the poll book; and (b) the patient or remand prisoner shall not be given a ballot paper and shall not vote. (7) Notwithstanding subsections (3) to (5), where an election is held on the same day that a referendum or plebiscite is conducted, a ballot paper for the referendum or plebiscite is to be placed, together with the ballot paper for the election, in the ballot envelope that contains the declaration made by the patient or remand prisoner pursuant to subsection 93(3) of The Election Act. 13 Sep 91 cr-8.01 Reg 1 s20. Procedures re votes taken in hospital, etc. where referendum/plebiscite and election on same day 21(1) Where a referendum or plebiscite is conducted on the same day as an election, sections 94 to 97 of The Election Act apply with respect to votes taken in a sanatorium, hospital or remand centre except as otherwise provided in this section. (2) The returning officer shall: (a) in the course of performing the duty described in clause 97(1)(e) of The Election Act: (i) separate the ballots cast on the referendum or plebiscite from those cast on the election; and (ii) place the ballots cast on the referendum or plebiscite in a special envelope supplied for the purpose; and (b) after performing the duty described in clause 97(1)(l) of The Election Act and before performing the duty described in clause 97(1)(m) of that Act: (i) remove the ballots cast on the referendum or plebiscite from the special envelope in which they were placed pursuant to subclause (a)(ii) and deposit them in the ballot box; and (ii) count the number of votes in favour of each option on the referendum or plebiscite question in accordance with clauses 97(1)(h), (j), (k) and (l) of The Election Act. 13 Sep 91 cr-8.01 Reg 1 s21.

18 18 Procedures re votes taken in hospital, etc, where referendum/plebiscite not on same day as election 22(1) Where a referendum or plebiscite is not conducted on the same day as an election, the procedures set out in this section apply with respect to votes taken in a sanatorium, hospital or remand centre. (2) The deputy returning officer shall: (a) immediately after the close of the polling place for the taking of votes of the voters in a sanatorium, hospital or remand centre; and (b) in the presence and in full view of the persons who are entitled pursuant to section 68 of The Election Act to be present; proceed in accordance with section 94 of The Election Act. (3) On the twelfth day after polling day or, if the twelfth day is a holiday, on the first day following that is not a holiday, the Chief Electoral Officer shall, with respect to each locked and sealed ballot box received pursuant to subsection (2) and in the presence of any representatives appointed pursuant to subsection (4) that are in attendance: (a) open the ballot box and remove all ballot envelopes from it; (b) without opening the ballot envelopes, examine in turn the declarations made by voters on the ballot envelopes and permit any representatives appointed pursuant to subsection (4) that are in attendance to examine in turn those declarations; (c) open each ballot envelope examined where: (i) no statutory declaration by a representative appointed pursuant to subsection (4) that sets out explicit reasons why the ballot envelope should not be opened has been presented to the Chief Electoral Officer; and (ii) the Chief Electoral Officer: (A) after examining any election documents in the possession of the Chief Electoral Officer that were used at the polling place at which the voter alleged in the declaration that he or she was qualified to vote; or (B) without making the examination described in paragraph (A); is satisfied that the voter was entitled to vote; (d) remove the folded ballot from each ballot envelope opened pursuant to clause (c) and, without unfolding the ballot, deposit it in a ballot box supplied for that purpose; (e) write in ink on the back of each ballot envelope that is not opened pursuant to clause (c): (i) in the case of a referendum, the words Unopened, subject to review on recount ; and (ii) in the case of a plebiscite, the word Unopened ;

19 19 (f) place all unopened ballot envelopes in a special envelope supplied for the purpose, indicate on the special envelope the number of unopened ballot envelopes contained in it, sign his or her name on the special envelope and seal the special envelope; (g) open the ballot box and count the ballots cast for each option on the referendum or plebiscite question in the manner provided for the counting of ballots by a deputy returning officer at the close of a polling place for the taking of the votes of the voters, and enter the results on a form designed by the Chief Electoral Officer for that purpose; (h) make a note on the back of a ballot of every objection taken to it by a representative appointed pursuant to subsection (4), initial the note and decide the objection, subject to a review on recount in the case of a referendum; (i) place all rejected ballots in a special envelope supplied for the purpose, indicate on the special envelope the number of rejected ballots contained in it and seal the special envelope; (j) place all the counted ballots in a special envelope supplied for the purpose, indicate on the special envelope the number of counted ballots contained it and seal the special envelope; (k) place in a special envelope supplied for the purpose all ballot envelopes that have been opened and from which the ballots have been removed, indicate on the special envelope the number of opened ballot envelopes contained in it and seal the special envelope; (l) place the special envelopes mentioned in this subsection in a ballot box; (m) make an addition of the votes given for each option on the referendum or plebiscite question; and (n) seal the ballot box mentioned in clause (l) with one of the metal seals prescribed by the Chief Electoral Officer and permit any representative appointed pursuant to subsection (4) who desires to do so to: (i) take note of the number of the metal seal; and (ii) affix the representative s seal in such a manner that the box cannot be opened and that nothing can be deposited in it without breaking the seal. (4) The Chief Electoral Officer shall appoint: (a) not more than two voters who are willing to act on behalf of those who support; and (b) not more than two voters who are willing to act on behalf of those who oppose; the referendum or plebiscite question. (5) Persons appointed pursuant to subsection (4) are to be selected: (a) from among the persons, if any, who apply to the Chief Electoral Officer to be appointed; or

20 20 (b) if no persons apply pursuant to clause (a), from among those persons who are present at the proceedings provided for by this section. (6) Subsections 17(7), (8) and (9) apply to a representative appointed pursuant to subsection (4). 13 Sep 91 cr-8.01 Reg 1 s22. Procedure at counting of votes 23(1) Where an election is not held on the same day as a referendum or plebiscite is conducted, the deputy returning officer shall count the votes cast on the referendum or plebiscite in accordance with section 110 of The Election Act. (2) Where a referendum or plebiscite is conducted on the same day as an election, a deputy returning officer, while carrying out the duties set out in section 110 of The Election Act with respect to the election: (a) after opening the ballot box pursuant to clause 110(h) of that Act and before counting the votes pursuant to clause 110(i) of that Act, shall: (i) remove all ballots from the ballot box; (ii) unfold the ballots; (iii) separate the ballots cast on the referendum or plebiscite question from those cast for the election; (iv) return the ballots cast for the election to the ballot box; and (v) place the ballots cast on the referendum or plebiscite question in a special envelope supplied for that purpose and seal the envelope; and (b) after performing the duty described in clause 110(o) of that Act and before performing the duty described in clause 110(p) of that Act: (i) shall remove the ballots cast on the referendum or plebiscite question from the special envelope in which they were placed pursuant to subclause (a)(v) and return them to the ballot box; (ii) shall count the number of votes in favour of each option on the referendum or plebiscite question, giving full opportunity to those present to examine each ballot; (iii) shall: (A) make a note in the poll book of every objection taken to a ballot by a representative appointed pursuant to subsection 17(1) who is present; (B) number each objection; (C) place a corresponding number on the back of the ballot and initial that number; and (D) decide the objection, subject to review on recount in the case of a referendum;

21 21 (iv) (v) shall: (A) place all rejected ballots in a special envelope supplied for that purpose; (B) indicate the number of rejected ballots contained in the special envelope on: (I) the outside of the envelope; and (II) the ballot paper account and poll statement; and (C) seal the special envelope; shall: (A) place all the ballots cast for each option on the referendum or plebiscite question in separate envelopes supplied for that purpose; (B) indicate the number of ballots cast for each option on the referendum or plebiscite question on: (I) the envelope containing those ballots; and (II) the ballot paper account and poll statement; and (C) seal the envelopes; (vi) when the deputy returning officer is satisfied as to the accuracy of the ballot paper account and poll statement, shall: (A) sign each copy of it; (B) ensure that the poll clerk signs it; and (C) permit each representative appointed pursuant to subsection 17(1) who is present to sign it if the representative desires to do so; (vii) shall place the original ballot paper account and poll statement in the special envelope supplied for that purpose and keep the second copy of it as the deputy returning officer s own record; (viii) shall permit each representative appointed pursuant to subsection 17(1) who is present and who desires to do so to: (A) sign the representative s name or initials; and (B) affix the representative s seal; across the flap of any of the special envelopes mentioned in this subsection; and (ix) shall: (A) place in the large envelope supplied for that purpose the following materials: (I) the envelopes containing the ballots counted for each of the options on the referendum or plebiscite question; (II) the envelope containing the rejected ballots;

22 22 (III) the envelope containing the unused ballot papers; (IV) the envelope containing the spoiled and declined ballot papers; and (V) the declarations of representatives appointed pursuant to subsection 17(1); (B) seal the envelope with the deputy returning officer s seal and sign the envelope; (C) permit each representative appointed pursuant to subsection 17(1) who is present and who desires to do so to: (I) sign the representative s name or initials; and (II) affix the representative s seal; across the flap of the envelope; and (D) place the envelope in the ballot box. (3) Immediately after being advised of the results of the voting on a referendum or plebiscite question in accordance with clause 110(t) of The Election Act, each returning officer shall advise the Chief Electoral Officer by telephone of the results of the voting. 13 Sep 91 cr-8.01 Reg 1 s23. Rejected ballots 24(1) In counting the votes on a referendum or plebiscite, a deputy returning officer shall reject all ballots: (a) that have not been supplied by the deputy returning officer; (b) by which votes have been given for more options on the referendum or plebiscite question than the voter is entitled to vote for; (c) on which anything is written or marked by the voter by which the voter can be identified; (d) that are marked other than by: (i) the black lead pencil supplied; (ii) black or blue ink pen; or (iii) black or blue ball-point pen; (e) on which no vote has been given for an option on the referendum or plebiscite question; or (f) that are required to be rejected pursuant to subsection 40(4). (2) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot that has been marked in accordance with section 18.

23 23 (3) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot that has been marked with some mark other than a cross mark (X) if: (a) there is clearly indicated an intention to mark in favour of an option on the referendum or plebiscite question; and (b) there is no apparent intention of identification of the voter; and the ballot is deemed to be a sufficient vote for the option on the referendum or plebiscite question for which the ballot is marked unless the cross mark (X) is used elsewhere on the ballot. (4) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot to which the counterfoil is attached, but the deputy returning officer shall, carefully concealing the number on the counterfoil from all persons present and without examining the counterfoil, remove and destroy the counterfoil. (5) In counting the votes on a referendum or plebiscite, a deputy returning officer shall not reject a ballot on the back of which the deputy returning officer has omitted to affix his or her initials in the manner described in section 76 of The Election Act if the deputy returning officer is satisfied that: (a) the ballot is one that was supplied by the deputy returning officer; (b) the omission has actually been made; and (c) every ballot paper supplied to the deputy returning officer has been accounted for in accordance with section 23. (6) If the deputy returning officer is satisfied in accordance with subsection (5) with respect to a ballot, the deputy returning officer shall: (a) in the presence of the poll clerk and the representatives appointed pursuant to subsection 17(1), affix his or her initials to the ballot; and (b) count the ballot as if it had been initialled by him or her in the first place. 13 Sep 91 cr-8.01 Reg 1 s24. Duties of returning officer 25(1) Where a referendum or plebiscite is conducted on the same day as an election, the returning officer, while carrying out the duties set out in section 117 of The Election Act with respect to the election, shall, after performing the duty described in paragraph 7 of section 117 of that Act and before performing the duty described in paragraph 8 of section 117 of that Act: (a) make an addition of the votes given for each option on the referendum or plebiscite question as shown on the returning officer s statement, including votes entered on that statement pursuant to section 97 of that Act; and

24 24 (b) place the large envelopes described in subclause 23(2)(b)(ix) and the special envelopes described in subsection 97(1) of that Act that relate to the referendum or plebiscite in the special ballot boxes supplied for this purpose. (2) Where an election is not held on the same day as the referendum or plebiscite is conducted, the returning officer shall: (a) add up the votes cast on the referendum or plebiscite in accordance with paragraphs 1 to 4, 6 and 8 of section 117 of The Election Act; and (b) after performing the duty described in paragraph 6 of section 117 of The Election Act and before performing the duty described in paragraph 8 of section 117 of that Act, place the large envelopes described in clause 110(q) of The Election Act in the ballot boxes. (3) After performing the duty described in paragraph 8 of section 117 of The Election Act, the returning officer shall immediately send to the Chief Electoral Officer: (a) by registered mail: (i) a return in Form J stating the number of votes given for each option on the referendum or plebiscite question; (ii) the writ of referendum or plebiscite; and (iii) a report of the proceedings setting out the returning officer s observations as to the state of the ballot boxes or ballot papers received for the purpose of the referendum or plebiscite by the returning officer; and (b) by express, enclosed in one or more boxes or other covering and securely sealed: (i) all special ballot boxes mentioned in clause (1)(c) or ballot boxes mentioned in clause (2)(b), as the case may be, and their contents; and (ii) all other election materials used by the returning officer at the count; that relate exclusively to the referendum or plebiscite. (4) The returning officer shall endorse on or affix a label to the box or other covering used pursuant to clause (3)(b) that sets out: (a) a description of the contents of the box or other covering; (b) the date of the referendum or plebiscite to which the contents relate; and (c) the name of the constituency in which the referendum or plebiscite was held.

25 25 (5) Immediately after sending the return described in clause (3)(a), the returning officer shall complete an affidavit in Form K and send it to the Chief Electoral Officer by registered mail. 13 Sep 91 cr-8.01 Reg 1 s25. Special report by returning officer 26 Where a ballot box disappears or a statement mentioned in section 123 of The Election Act cannot be procured, the returning officer shall mention specially in a report to be sent with the return pursuant to clause 25(3)(a): (a) the circumstances accompanying the disappearance of any ballot box; (b) the want of the statement; and (c) the mode by which the returning officer ascertained the number of votes given for each option on the referendum or plebiscite question. 13 Sep 91 cr-8.01 Reg 1 s26. Recount or addition - referendum 27(1) Where, after the addition by all returning officers of the number of votes given for each option on a referendum question: (a) the number of votes validly cast in Saskatchewan is between 49.5% and 50.5% of the voters who were entitled to vote in the referendum; (b) the number of votes given for the option on the referendum question that receives a majority of votes is at least 59.5% of the number of votes validly cast in the referendum; and (c) where an election is held on the same day that the referendum is conducted, the government that initiated the referendum is re-elected; the Chief Electoral Officer shall apply to a judge of the court at any judicial centre for an appointment fixing the time and place for a recount or an addition of all votes cast in Saskatchewan on the referendum question. (2) Where, after the addition by all returning officers of the number of votes given for each option on a referendum question: (a) the number of votes validly cast in Saskatchewan is at least 49.5% of the voters who were entitled to vote in the referendum; (b) the number of votes given for the option on the referendum question that receives a majority of votes is between 59.5% and 60.5% of the number of votes validly cast in the referendum; and (c) where an election is held on the same day that the referendum is conducted, the government that initiated the referendum is re-elected; the Chief Electoral Officer shall apply to a judge of the court at any judicial centre for an appointment fixing the time and place for a recount or an addition of all votes cast in Saskatchewan on the referendum question.