Fair Access to Vote Act, 2007 Hudak, Tim — Bill 231 (38th Parliament, 2nd Session)

Bill 231, 38-2

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Bill 231, Fair Access to Vote Act, 2007

Hudak, Tim

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[38] Bill 231 Original (PDF)

Bill 231 2007

An Act to provide fair access to

vote for snowbirds, students, military personnel and other Ontarians abroad

Note:

This Act amends the Election Act . For the

legislative history of the Act, see Public Statutes – Detailed Legislative History

on www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The

Election Act is amended by adding the following

section:

Absentee Ballots

Application

for ballot

45.1

(1) An

elector may apply, at least 24 hours before the close of the general polls at

an election in the electoral district for which the elector's name appears or

is expected to appear on the polling list or a certificate to vote, to have a

ballot sent to the elector if, on polling day and the days set for advance

polls under

section 44, the elector expects to be absent from the electoral

district.

Contents

(2) The application shall be in writing and shall include,

(

a) the

elector's name, telephone number, current geographic address in the electoral

district and, if it is different from the latter, current mailing address in

the electoral district;

(

b) the

documents that the Chief Election Officer or the returning officer of the

electoral district, depending on the person to whom the application is made,

requires to establish the elector's identity, place of residence and

eligibility to vote;

(

c) a

prescribed statutory declaration that the elector named in the application is

eligible to vote as an elector;

(

d) the

mailing address where the elector wishes to receive a ballot and, if available,

the telephone number, fax number and electronic mail address for the elector at

that address;

(

e) the means that the elector

chooses for receiving a ballot, which may include by mail or courier delivery;

(

f) payment

of the prescribed fee for having a ballot sent to the elector by the means of delivery

chosen; and

(

g) the

signature of the elector or a copy of it.

Election

to which application relates

(3) The application shall be for a ballot in the first

election in which the polling day takes place in the electoral district of the

elector after the day on which the application is made, even if no writ of

election has been issued for an election in that electoral district as of that

day.

Person

to receive application

(4) An elector who applies for a ballot under subsection

(1) may make the application to,

(

a) the

Chief Election Officer who shall forward it to the returning officer of the

applicable electoral district; or

(

b) the

returning officer of the applicable electoral district, if the application is

made on or after the day on which a writ of election is issued for the election

to which the application relates.

Form

of application

(5) An application made on or after a date specified by

the Chief Election Officer may be made by fax or other means of electronic

transmission if the security measures specified by the Chief Election Officer

have been observed.

Security

measures

(6) For the purpose of subsection (5), the Chief Election

Officer may specify a date and security measures and persons who are required

to comply with them.

Delivery of ballot

(7) After a writ of election is issued, the returning officer

of the applicable electoral district who has received a complete application

for a ballot shall put his or her initials on the back of a ballot and send the

ballot to the elector at the address mentioned in clause (2) (

d) using the

means that the elector specifies under clause (2) (e).

Section

48 of the Act is amended by adding the following subsection:

Exception:

absentee ballots

(4) This

section does not apply to a ballot that an elector

receives under

section 45.1.

3. The

Act is amended by adding the following section:

Absentee ballots

48.1

(1) To

vote in the election for which an elector receives a ballot under

section 45.1,

the elector shall indicate the candidate of his or her choice by marking one of

the circular spaces on the ballot with a cross or other mark in any colour,

using a pencil or pen.

Return

of ballot

(2) After completing the ballot as described in subsection

(1), the elector shall have it returned to the returning officer who sent it to

the elector and shall do so in a sealed envelope addressed to the person.

Verification

of ballot

(3) On receiving a completed ballot under subsection

(1) before the close of polling in the electoral district for the election to which

it relates, the returning officer shall,

(

a) ascertain, by examining his or her initials,

that it is the same ballot that was sent to the elector; and

(

b) place the ballot in a ballot box at the

polling place that the returning officer specifies in the electoral district

unless the person has reasonable grounds to believe that the elector is not

eligible to vote, through death or other reason.

Poll

record

(4) The poll clerk shall indicate in the poll record that

the elector has voted.

Late

ballots not counted

(5) A completed ballot under subsection (1) that the

returning officer does not receive until after the close of the poll to which

it relates shall not be counted.

Acknowledgment

of vote

(6) At the written request of an elector who has returned

a completed ballot under subsection (1) to a returning officer, the returning

officer shall send a written acknowledgment to the elector indicating whether

or not the returning officer received the ballot in time for it to be counted.

Means

of sending

(7) The returning officer shall send the acknowledgment to

the elector using the means that the applicant specifies.

Section

52 of the Act is amended by adding the following subsection:

Exception:

absentee ballots

(2) This

section does not apply to a ballot that an elector

receives under

section 45.1.

Chief

Electoral Officer

(1) This

section applies only if Bill 218 ( Election Statute Law

Amendment Act, 2007 ) ,

introduced on April 25, 2007, receives Royal Assent.

(2) References in this

section to provisions of Bill 218

are references to those provisions as they were numbered in the first reading

version of the Bill.

(3) On the later of the day this Bill comes into force and

following provisions of the Election Act is amended

by striking out "Chief Election Officer" wherever that expression appears and

substituting in each case "Chief Electoral Officer":

1. Clause 45.1 (2) (b).

2. Clause 45.1 (4) (a).

3. Subsection 45.1 (5).

4. Subsection 45.1 (6).

Commencement

6. This

Act comes into force on the day it receives Royal Assent.

Short

title

7. The

short title of this Act is the Fair Access to Vote Act,

2007 .

EXPLANATORY

NOTE

The

Bill amends the Election Act to allow an elector to

apply for an absentee ballot in an election if the elector expects to be absent

from his or her electoral district on polling day. The ballot issued will be

for the first election that takes place in the electoral district of the elector

after the day on which the application is made. The application can be made

even if no writ of election has been issued for an election in the electoral

district of the elector at the time of the application.

the application is complete, the returning officer of the applicable electoral

district is required to send an absentee ballot to the elector. In order to

count, a vote on an absentee ballot must be received by the returning officer

before the close of the poll in the election.

Date Bill stage Activity Committee

May 30, 2007

First Reading

Carried

Debates and Progress

First Reading

May 30, 2007

Committee

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 231, 38-2
Type	bill
Volume / chapter	p38 s2 bill 231 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	642fb442daadc3962fea3292c6ef7a3fef700db7

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