2019 Legislative Session: 4th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE DAVID R. P. EBY

ATTORNEY GENERAL

BILL 43 – 2019

ELECTION AMENDMENT ACT, 2019

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Election Act Amendments

SECTION 1: [Election Act,

section 1] adds, amends and repeals

definitions.

Section 1 (1) of the Election Act, R.S.B.C. 1996, c. 106, is amended

(

a) by repealing the

definitions of "absentee voting" and "alternative absentee voting" ,

(

b) in the definition of "advance voting" by striking out " for the electoral district for which an individual is a voter ",

(

c) by adding the following

definitions:

"alternative voting option" means an option for voting under Division 5 of

Part 6;

"assisted telephone voting" means voting in which an election official marks a ballot for an individual in accordance with the directions provided by the individual via telephone;

"auxiliary compartment" means a

section of the ballot box in which ballots can be temporarily stored

(

a) in the event that vote-counting equipment fails to operate, or

(

b) in any other event that requires temporary storage to facilitate voting proceedings;

"ballot printer" means the following:

(

a) a printer that is able to print a ballot;

(

b) any other prescribed electronic device that enables the printing of a ballot; ,

(

d) in paragraph (

d) of the definition of "campaign period election advertising" by striking out " his or her personal political views " and substituting " the individual's personal political views ",

(

e) by adding the following definition:

"close of final voting" means the end of voting hours set under this Act for a final voting opportunity; ,

(

f) by repealing the definition of "close of general voting" ,

(

g) by repealing paragraph (

c) of the definition of "election official" and substituting the following:

(

c) an individual appointed under

section 19 (1), or ,

(

h) in the definition of "election official responsible" by striking out " under this Act " and substituting " under this Act or by the chief electoral officer or the district electoral officer ",

(

i) by adding the following

definitions:

"electronic vote-counting machine" means a machine that scans a specified area on a ballot in order to count and tabulate votes;

"electronic voting book" means a voting book in electronic format;

"final voting" means voting under

section 96 at a final voting opportunity;

"final voting day" means the day established by

section 27;

"final voting opportunity" means a voting opportunity under

section 75; ,

(

j) by repealing the

definitions of "general voting" , "general voting day" and "general voting opportunity" ,

(

k) by adding the following

definitions:

"holiday" means

(

a) Sunday, Christmas Day, Good Friday and Easter Monday,

(

b) Canada Day, Victoria Day, British Columbia Day, Labour Day, Remembrance Day, Family Day and New Year's Day,

(

c) December 26, and

(

d) a day set by the Parliament of Canada or by the Legislature, or appointed by proclamation of the Governor General or the Lieutenant Governor, to be observed as a day of general prayer or mourning, a day of public rejoicing or thanksgiving, a day for celebrating the birthday of the reigning Sovereign, or as a public holiday; ,

"list of future voters" means the list of future voters under Division 4 of

Part 4; ,

(

l) in the definition of "list of voters" by striking out " under

Part 4 " and substituting " under Divisions 1 to 3 of

Part 4 ",

(

m) by adding the following definition:

"mail-in voting package" means a mail-in voting package referred to in

section 104.01; ,

(

n) in paragraph (

d) of the definition of "pre-campaign period election advertising" by striking out " his or her personal political views " and substituting " the individual's personal political views ",

(

o) in paragraph (

b) of the definition of "specified fundraising function" by adding the following subparagraph:

(

v) a nomination contestant for a major political party; ,

(

p) by adding the following

definitions:

"vote-counting equipment" means the following:

(

a) an electronic vote-counting machine;

(

b) any other prescribed equipment to count or tabulate votes;

"voting book" means a book, in paper or electronic format, that includes the following information about voters:

(

a) the name of a voter;

(

b) the residential address of a voter;

(

c) any other information about a voter specified by the chief electoral officer; ,

(

q) by repealing the definition of "voting officer" ,

(

r) in the definition of "voting opportunity" by striking out "

section 73 (

a) to (d) " and substituting "

section 73 (

a) to (c) " , and

(

s) by adding the following definition:

"youth" means a person who is 16 or 17 years of age.

SECTION 2: [Election Act,

section 2] is consequential to amendments made by this Bill to

section 27 of the Act.

Section 2 (2) is amended by striking out " If the time " and substituting " Subject to

section 27 (4), if the time ".

SECTION 3: [Election Act,

section 12]

updates terminology;

provides an additional power to the chief electoral officer respecting directions that election officials are to give voters.

Section 12 is amended

(

a) in subsection (1) (

a) by striking out " respecting the voter registration process " and substituting " respecting the voter registration procedures ",

(

b) in subsection (1) (

c) by striking out " regarding the voter registration and other electoral processes " and substituting " regarding the voter registration procedures and election proceedings ", and

(

c) in subsection (2) by adding the following paragraph:

(d.1) to specify the directions that election officials are to give, under this Act, to voters in voting proceedings; .

SECTION 4: [Election Act,

section 19] amends the rules for staffing in an election.

Section 19 (1) is repealed and the following substituted:

(1) If an election is called for an electoral district, the district electoral officer must appoint sufficient election officials required to conduct the election proceedings, taking into account any matters specified by the chief electoral officer under

section 79.01.

SECTION 5: [Election Act,

section 26] is self-explanatory.

Section 26 (2) is amended by striking out " in Form 1 " and substituting " substantially in the form of Form 1 ".

SECTION 6: [Election Act,

section 27] changes the rules governing when final voting day may occur and provides for a campaign period that is longer than 28 days.

Section 27 is repealed and the following substituted:

General voting day

(1) General voting day for an election,

(

a) in the case of a general election conducted in accordance with

section 23 (2) or (3) of the Constitution Act , and in the case of a by-election, is the 28th day after the date on which the election is called, and

(

b) in the case of a general election that is not conducted in accordance with

section 23 (2) or (3) of the Constitution Act , subject to subsection (3) of this section, is at least the 32nd day but no later than the 38th day after the date on which the election is called.

(2) General voting day for a general election described in subsection (1) (

a) must occur on a Saturday.

(3) General voting day for a general election described in subsection (1) (

b) must occur on a Saturday, and the date under subsection (1) (

b) is to be determined accordingly.

(4) As an exception to subsections (2) and (3), if the day under subsection (1) falls on a holiday, general voting day is the next day that is not a holiday.

SECTION 7: [Election Act,

section 31] sets out requirements respecting individuals who may register to vote.

Section 31 is amended

(

a) by repealing subsection (1) (

b) and (

c) and substituting the following:

(

b) the individual must be

(

i) an individual who is 18 years of age or older at the time of registration, or

(ii) an individual who is not 18 years of age but who, on general voting day for an election, will be 18 years of age;

(

c) the individual must be

(

i) an individual who has been a resident of British Columbia for the immediately preceding 6 months, or

(ii) an individual who has not been a resident of British Columbia for the immediately preceding 6 months but who, on general voting day for an election, will have been a resident of British Columbia for the immediately preceding 6 months; , and

(

b) by adding the following subsection:

(1.1) An individual described in subsection (1) (b) (ii) or (1) (c) (ii) may not register before the date that is 90 days before the general voting day for an election for the electoral district for which the individual will be entitled to vote on registration.

SECTION 8: [Election Act,

section 32]

adds other resident options for individuals who have been arrested or convicted;

makes a housekeeping amendment.

Section 32 is amended

(

a) in subsection (4) by adding the following paragraph:

(

c) if the individual is unable to provide an address under paragraph (

a) or (b), either

(

i) the place where the individual was arrested, or

(ii) the place of the last court where the individual was convicted and sentenced. , and

(

b) in subsection (5) by striking out " to be his or her residence " and substituting " to be the individual's residence ".

SECTION 9: [Election Act,

section 35] makes a housekeeping amendment.

Section 35 (1) is amended by striking out " must be on a form supplied by " and substituting " must be on a form specified by ".

SECTION 10: [Election Act,

section 37]

changes the closed period for general registration and establishes publishing requirements for a notice;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 37 is amended

(

a) in subsection (1) by striking out " the day after an election is called for the electoral district " and substituting " a day specified by the chief electoral officer ",

(

b) in subsection (2) by striking out " in accordance with

section 270 a notice stating that after the day the election is called " and substituting " in accordance with subsection (3) a notice of the day specified under subsection (1) and stating that from that date ", and

(

c) by adding the following subsection:

(3) The notice under subsection (2) must be published on the internet and in one or more newspapers circulating in the affected electoral district such that publication is made throughout the electoral district, if this is possible.

SECTION 11: [Election Act,

section 38] provides that the chief electoral officer may authorize other parties to act as agents for receiving applications for inclusion in the list of future voters.

Section 38 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The chief electoral officer may authorize persons other than voter registration and election officials to act as agents of the chief electoral officer for receiving

(

a) applications for voter registration,

(

b) applications for updating voter registration information, or

(

c) applications for inclusion in the list of future voters. ,

(

b) by repealing subsection (3) (

a) and substituting the following:

(

a) the form or document may be combined with

(

i) an application for voter registration,

(ii) an application for updating voter registration information, or

(iii) an application for inclusion in the list of future voters, and , and

(

c) by adding the following subsection:

(4.1) As an exception to

section 51.02 (3), the chief electoral officer may accept a copy of an application received under this

section as an application for inclusion in the list of future voters.

SECTION 12: [Election Act,

section 40]

provides that the chief electoral officer may request information from the Insurance Corporation of British Columbia and a provincial identity information services provider to update voter registration information and information in respect of the list of future voters;

requires the corporation and the provincial identity information services provider to provide the requested information to the chief electoral officer.

Section 40 is repealed and the following substituted:

Automatic updating of information about voters and future voters

(1) In this section, "provincial identity information services provider" has the same meaning as in the Freedom of Information and Protection of Privacy Act .

(2) The chief electoral officer may, for the following purposes, request that the Insurance Corporation of British Columbia under the Motor Vehicle Act and a provincial identity information services provider provide information contained in records kept by the corporation or, as applicable, the provincial identity information services provider:

(

a) updating voter registration information;

(

b) updating the list of future voters;

(

c) contacting youth to provide information about the list of future voters.

(3) Subject to subsection (4), on receiving a request under subsection (2), the Insurance Corporation of British Columbia and a provincial identity information services provider must provide the information to the chief electoral officer.

(4) If an individual makes a written request to the Insurance Corporation of British Columbia or the provincial identity information services provider that the corporation or provincial identity information services provider not provide to the chief electoral officer personal information respecting the individual, the corporation or provincial identity information services provider must arrange for that information to be excluded from the information provided under subsection (2) to the chief electoral officer.

SECTION 13: [Election Act,

section 47] provides that the list of voters must include information specified by the chief electoral officer and be updated until the close of voter registration.

Section 47 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) The list of voters for an electoral district must

(

a) include information about voters as specified by the chief electoral officer, and

(

b) be updated at the times specified by the chief electoral officer, until the date specified by the chief electoral officer under

section 37 (1), with information about voters that the chief electoral officer considers to be current information. , and

(

b) in subsection (4) by striking out " Other than the requirements of subsection (3), the form of a list of voters " and substituting " The form of a list of voters ".

SECTION 14: [Election Act,

section 48]

establishes when the chief electoral officer must provide candidates with the list of voters;

establishes when and where the most current list of voters must be available for public inspection.

Section 48 is amended

(

a) by repealing subsection (1) (

a) and substituting the following:

(

a) the chief electoral officer must provide each candidate with an electronic copy of the list of voters for the electoral district as follows:

(

i) as soon as practicable after the election is called;

(ii) as soon as practicable after the date specified by the chief electoral officer under

section 37 (1); , and

(

b) by repealing subsection (2) and substituting the following:

(2) A copy of the most current list of voters prepared under

section 47 must be available for public inspection in the office of the district electoral officer of the electoral district during its regular office hours from the time the list is provided under

section 47 (5) until the close of general voting.

SECTION 15: [Election Act,

section 51.01] sets out who may request and who must provide voter participation information and what that information is.

15 The following

section is added to Division 3 of

Part 4:

Voter participation information

51.01

(1) On request, an election official responsible must provide to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a final voting opportunity and each voter who votes at an advance voting opportunity:

(

a) the voter number, unless paragraph (

b) applies;

(

b) if the voter updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.

(2) On request, the chief electoral officer may provide, or direct the district electoral officer to provide, to a candidate, a candidate representative or a registered political party, without charge and in the manner and at the times directed by the chief electoral officer, the following information in relation to each voter who votes at a special voting opportunity and each voter who votes using an alternative voting option:

(

a) the voter number, unless paragraph (

b) applies;

(

b) if the voter registered or updated the voter's voter registration information in conjunction with voting, the information that the chief electoral officer considers appropriate.

SECTION 16: [Election Act, Division 4 of

Part 4] provides for the establishment of a list of future voters and sets out what information is to be included and how the information may be used.

16 The following Division is added to

Part 4:

Division 4 – List of Future Voters

List of future voters

51.02

(1) The chief electoral officer may establish and maintain a list of future voters consisting of youths who are

(

a) Canadian citizens, and

(

b) resident in British Columbia.

(2) The chief electoral officer

(

a) may include youths in the list of future voters who have applied in accordance with subsection (3) to be included, and

(

b) may, without any application by the youth involved, include youths in the list of future voters who meet the requirements set out in subsection (1) and are in the Register of Future Electors under the Canada Elections Act .

(3) An application for inclusion in the list of future voters must be submitted on a form specified by the chief electoral officer and must include the following information:

(

a) the full name of the applicant;

(

b) the residential address of the applicant and, if different, the mailing address of the applicant;

(

c) the birth date of the applicant or other identifying information prescribed by regulation;

(

d) a confirmation that the applicant meets the requirements set out in subsection (1);

(

e) any other information prescribed by regulation.

(4) The chief electoral officer may

(

a) amend information in the list of future voters to correctly show the information that the chief electoral officer considers to be current regarding a youth, and

(

b) update the list of future voters by using information from the Register of Future Electors under the Canada Elections Act .

(5) The chief electoral officer may remove the name of an individual from the list of future voters as follows:

(

a) if the chief electoral officer is satisfied that the youth is not qualified to be included in the list of future voters;

(

b) if the youth requests in writing that the youth be removed from the list;

(

c) if the chief electoral officer is satisfied that the youth no longer has the residential address provided to the chief electoral officer;

(

d) if the chief electoral officer is satisfied that the youth is deceased.

(6) The chief electoral officer must transfer information about an individual included in the list of future voters from that list to the list of voters

(

a) when the individual reaches 18 years of age, or

(

b) when the individual is eligible to register as a voter in the 90 days before general voting day.

(7) When the chief electoral officer transfers information about an individual under subsection (6), the individual is a registered voter.

(8) The chief electoral officer may provide information obtained under this

section to the chief electoral officer under the Canada Elections Act for the purposes of

section 46 of that Act.

(9) Despite any other provision of this Act or any other Act, information obtained by the chief electoral officer under this

section may be used only for the following purposes:

(

a) the establishment and maintenance of the list of future voters;

(

b) the transfer of information under subsection (6);

(

c) the provision of information under subsection (8).

(10) For certainty, the list of future voters may not be used for a commercial purpose or disclosed to candidates, constituency associations, political parties, candidate representatives, financial agents of candidates, or representatives or financial agents of constituency associations and political parties.

SECTION 17: [Election Act,

section 55] sets out when and in what circumstances a nomination deposit is to be returned to a financial agent.

Section 55 (2) (

a) is repealed and the following substituted:

(

a) if the financial agent of the individual for whom it is paid files with the chief electoral officer, within 90 days after general voting day for an election, an election financing report under

section 209, the nomination deposit is to be returned to the financial agent; .

SECTION 18: [Election Act,

section 56] amends the time when nomination documents must be filed.

Section 56 (1) is amended

(

a) in paragraph (

a) by striking out "

section 23 (2) " and substituting "

section 23 (2) or (3) " and by striking out " is called, or " and substituting " is called, ",

(

b) by repealing paragraph (

b) and substituting the following:

(

b) in the case of a general election that is not conducted in accordance with

section 23 (2) or (3) of the Constitution Act , between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 11th day after the election is called, or , and

(

c) by adding the following paragraph:

(

c) in the case of a by-election, between 9 a.m. on the 3rd day after the election is called and 1 p.m. on the 7th day after the election is called.

SECTION 19: [Election Act,

section 57] is consequential to amendments made by this Bill to

section 23 of the Act.

Section 57 (1) (

a) and (

b) is amended by striking out "

section 23 (2) " and substituting "

section 23 (2) or (3) ".

SECTION 20: [Election Act,

section 59.01] adds a requirement for registered political parties to provide to the chief electoral officer specified information about nomination contests.

20 The following

section is added:

Information about nomination contests

59.01

(1) A registered political party must provide to the chief electoral officer, within 14 days of the end of a nomination contest, a notice in a form specified by the chief electoral officer that must include the following information:

(

a) the date established as the beginning of the nomination contest;

(

b) the date the nomination contest concluded;

(

c) the name, mailing address and telephone number of each nomination contestant and of the financial agent of each nomination contestant, including of a nomination contestant who withdrew from the contest after the date described in paragraph (a);

(

d) the name of the nomination contestant being endorsed by the party under

section 60;

(

e) any other information prescribed by regulation.

(2) For certainty, a notice under subsection (1) is required even if a nomination contestant is acclaimed or appointed by the registered political party to represent the party as a candidate.

SECTION 21: [Election Act,

section 66] makes a housekeeping amendment.

Section 66 (7) is amended by striking out " Saturdays, Sundays and other holidays " and substituting " Saturdays and holidays ".

SECTION 22: [Election Act,

section 71] makes a housekeeping amendment.

Section 71 (3) is amended by striking out " financial agent for a candidate " and substituting " financial agent of a candidate ".

SECTION 23: [Election Act,

section 73]

lists what voting opportunities are available to a voter;

is consequential to amendments made by this Bill to sections 96 to 101 of the Act.

Section 73 is repealed and the following substituted:

Voting opportunities

73 A voter for an electoral district who meets the applicable requirements may vote in an election for the electoral district by one of the following:

(

a) final voting under

section 96 at a final voting opportunity;

(

b) advance voting under

section 97 at an advance voting opportunity;

(

c) voting under

section 98 at a special voting opportunity, subject to any applicable restrictions referred to in

section 77 (2);

(

d) voting under Division 5 of this Part using an alternative voting option.

SECTION 24: [Election Act,

section 74]

is consequential to amendments made by this Bill to

section 1 of the Act;

provides entitlement to time off work for voting at advance voting in specified circumstances.

Section 74 is amended

(

a) in subsection (1) by striking out " An employee " and substituting " Subject to subsections (1.1) and (1.2), an employee ",

(

b) by adding the following subsections:

(1.1) If both of the following apply, an employee is entitled to have 4 consecutive hours free from employment during voting hours for advance voting:

(

a) the employee has hours of employment scheduled on general voting day such that the employee would not have 4 consecutive hours free from employment during voting hours;

(

b) the employee is willing to vote at an advance voting opportunity.

(1.2) An employee who is entitled to time off under subsection (1.1) is not entitled to time off under subsection (1). , and

(

c) in subsection (2) by striking out " in subsection (1) " and substituting " in subsection (1) or (1.1) ".

SECTION 25: [Election Act,

section 77] updates terminology for consistency.

Section 77 (6) is amended by striking out " procedures for voting and for conducting the voting proceedings and voter registration " and substituting " election procedures ".

SECTION 26: [Election Act,

section 78] is consequential to amendments made by this Bill to

section 104 of the Act and the addition by this Bill of

section 104.01 to the

Act.

Section 78 is repealed and the following substituted:

Alternative voting options

(1) As soon as reasonably possible after the district electoral officer establishes an office for use during an election, voting at the office of the district electoral officer as described in

section 104 must be available from that office until 4 hours before the time set by

section 75 (3) for the close of final voting.

(2) Voting by mail-in voting must be available as soon as reasonably possible after mail-in voting packages have been prepared.

SECTION 27: [Election Act, Division 1.1 of

Part 6]

adds a definition of "voting administration tools";

authorizes the chief electoral officer to specify the use of voting administration tools and, if so specified, sets out requirements for the use of the voting administration tools;

provides what depositing a ballot in a ballot box includes when using voting administration tools.

27 The following Division is added to

Part 6:

Division 1.1 – Voting Administration Tools

Voting administration tools

79.01

(1) In this Part and

Part 7, "voting administration tools" means the following types of tools:

(

a) electronic voting books;

(

b) ballot printers;

(

c) vote-counting equipment;

(

d) any other prescribed types of tools to assist in the conduct of voting proceedings.

(2) Voting administration tools under subsection (1) (

d) must not include the following:

(

a) tools to enable voting using the internet;

(

b) tools to enable a voter to record a voter's candidate choice that does not involve marking a ballot paper.

(3) For each election, the chief electoral officer may

(

a) specify whether one or more types of voting administration tools are to be used for the following:

(

i) a specified electoral district or a specified class of electoral districts;

(ii) a specified geographic area or community within an electoral district;

(iii) a specified voting opportunity or a specified class of voting opportunities;

(iv) a specified alternative voting option or a specified class of alternative voting options;

(

v) a specified voting place or a specified class of voting places;

(vi) any other prescribed circumstance in which, or location at which, one or more voting administration tools are to be used, and

(

b) specify the following in accordance with voting administration tools specified:

(

i) the number of election officials required to conduct the election proceedings;

(ii) the responsibilities of election officials in relation to the voting proceedings in which the voting administration tools are used.

(4) If the chief electoral officer specifies anything under this section, the chief electoral officer must publish the matters specified on an authorized Elections BC internet site as follows:

(

a) in the case of a general election conducted in accordance with

section 23 (2) or (3) of the Constitution Act , at least 60 days before the date the election is called;

(

b) in the case of a by-election, or a general election that is not conducted in accordance with

section 23 (2) or (3) of the Constitution Act , as soon as practicable after the date the election is called.

(5) If, in the opinion of the chief electoral officer, circumstances arise in which changing a matter specified under this

section would facilitate the conduct of voting proceedings, the chief electoral officer

(

a) may make the change, and

(

b) must publish the change on an authorized Elections BC internet site as soon as practicable.

Use of electronic voting book

79.02

(1) This

section applies if the chief electoral officer specifies the use of an electronic voting book under

section 79.01.

(2) The chief electoral officer must establish procedures respecting the use of an electronic voting book, which must include the following:

(

a) procedures in relation to how the electronic voting book is to be used by the chief electoral officer, district electoral officers and election officials;

(

b) procedures in relation to the security of the electronic voting book, including how the data in the electronic voting book are to be stored and protected from damage or loss;

(

c) procedures in relation to how and when the data in the electronic voting book may be accessed;

(

d) procedures in relation to addressing circumstances in which there may be connectivity issues, software issues or similar issues that prevent or compromise the use of the electronic voting book;

(

e) procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which the electronic voting book is used.

Use of ballot printer

79.03

(1) This

section applies if the chief electoral officer specifies the use of ballot printers under

section 79.01.

(2) Subject to subsection (3), a ballot printer may be used to print a ballot only in the following circumstances:

(

a) if a voter is voting for another electoral district for which an election is being conducted at the same time as the election in which the voter is voting;

(

b) if there are not sufficient numbers of pre-printed ballots.

(3) The chief electoral officer may direct the use of a ballot printer for a voter voting for another voting area in the same electoral district as the voting area in which the voter is resident.

(4) The chief electoral officer must establish procedures for the use of a ballot printer, which must include the following:

(

a) procedures establishing how the ballot printer is to be used by the chief electoral officer, district electoral officers and election officials;

(

b) procedures in relation to the security of the ballot printer, both while being used in a voting proceeding and at other times.

Use of vote-counting equipment

79.04

(1) This

section applies if the chief electoral officer specifies the use of vote-counting equipment under

section 79.01.

(2) The following restrictions apply with respect to the use of vote-counting equipment:

(

a) the vote-counting equipment must not be a part of or connected to an electronic network during the voting proceedings;

(

b) at the discretion of the chief electoral officer, the vote-counting equipment may be securely connected to an electronic network for the purpose of transmitting information to the chief electoral officer or, if authorized by the chief electoral officer, to a district electoral officer;

(

c) the vote-counting equipment must be tested in accordance with industry standards;

(

d) before the first use of the vote-counting equipment for the election, the supervising election official must demonstrate that no votes have been recorded on the equipment;

(

e) the vote-counting equipment must not be used to generate, print or report election results until after the close of final voting on final voting day.

(3) For the purpose of subsection (2) (c), testing includes, without limitation, logic and accuracy testing.

(4) The chief electoral officer must establish procedures for the use of vote-counting equipment, which must include the following:

(

a) procedures establishing how the vote-counting equipment is to be used by the chief electoral officer, district electoral officers and election officials;

(

b) procedures in relation to the testing of the vote-counting equipment as described in subsection (2) (c);

(

c) procedures in relation to the security of the vote-counting equipment, while it is being used in a voting proceeding and at other times;

(

d) procedures establishing what steps to take if the vote-counting equipment provides a notification described in subsection (5);

(

e) procedures in relation to anything else the chief electoral officer considers necessary for conducting voting proceedings and maintaining the integrity of voting proceedings in which vote-counting equipment is used.

(5) Vote-counting equipment must be programmed in such a manner that the equipment provides a notification if the equipment detects the following:

(

a) there is no mark on the ballot or the mark made cannot be read by the vote-counting equipment;

(

b) there is more than one mark on the ballot;

(

c) the mark on the ballot is ambiguous.

Depositing ballot in ballot box

79.05 If vote-counting equipment is used, depositing a ballot in a ballot box includes the following:

(

a) an election official or a voter inserting the ballot in the vote-counting equipment;

(

b) an election official or a voter inserting the ballot in an auxiliary compartment;

(

c) a prescribed action by an election official in relation to the vote-counting equipment.

SECTION 28: [Election Act,

section 80] changes how the chief electoral officer must determine the number of voters to include in each voting area.

Section 80 (2) (

c) is repealed and the following substituted:

(

c) include in each voting area the number of voters, from the Provincial list of voters, that the chief electoral officer considers will facilitate conducting voting proceedings for the voters.

SECTION 29: [Election Act,

section 82] amends the requirements for voting stations.

Section 82 is repealed and the following substituted:

Voting stations

(1) A voting station is a location where an individual obtains a ballot to use for voting at a voting opportunity.

(2) Subject to subsection (3), there must be a ballot box at each voting station and an election official responsible for each voting station.

(3) If voting administration tools are used, the ballot box and vote-counting equipment used with the ballot box may be placed in a location at the voting place other than at the voting station.

(4) For a voting opportunity,

(

a) the district electoral officer must establish sufficient voting stations to accommodate the number of voters that are anticipated to attend to vote at the opportunity, and

(

b) an election official may direct a voter to a voting station.

SECTION 30: [Election Act,

section 83] makes a housekeeping amendment.

Section 83 (3) is amended by striking out " in the form directed by the chief electoral officer " and substituting " in the form specified by the chief electoral officer ".

SECTION 31: [Election Act, sections 84 and 85] amends the requirements for voting books and ballot boxes to enable the use of voting administration tools.

31 Sections 84 and 85 are repealed and the following substituted:

Voting books

(1) The chief electoral officer must

(

a) arrange for the preparation of voting books, in the format and with the content specified by the chief electoral officer, and

(

b) ensure that each district electoral officer has, or has access to, the following:

(

i) the required voting books;

(ii) any voting administration tools required in relation to voting books, and equipment to support the use of the voting administration tools, if the use of the voting administration tools is specified by the chief electoral officer under

section 79.01.

(2) The chief electoral officer may specify the use of separate voting books for different types of voting opportunities and for alternative voting options.

Ballot boxes

(1) A ballot box

(

a) must be constructed so that

(

i) ballots can be inserted into it, and

(ii) inserted ballots cannot be withdrawn unless the box is opened, and

(

b) may be constructed

(

i) with an auxiliary compartment, and

(ii) so that vote-counting equipment can be attached.

(2) The chief electoral officer must establish procedures to ensure that ballots are kept in a way to facilitate the preparation of ballot accounts.

SECTION 32: [Election Act,

section 86]

makes housekeeping amendments;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 86 is amended

(

a) in subsection (2) by striking out " in Form 2 as set out in the

Schedule to this Act " and substituting " in the form prescribed by regulation ",

(

b) in subsection (2) (

c) by striking out " in his or her nomination documents " and substituting " in the candidate's nomination documents ",

(

c) in subsection (5) by striking out " in Form 3 as set out in the

Schedule to this Act " and substituting " in the form prescribed by regulation ", and

(

d) in subsections (6) and (7) by striking out " each voting officer " and substituting " each supervising election official ".

SECTION 33: [Election Act, sections 87 and 88]

amends the requirements for the preparation and delivery of election materials to enable the use of voting administration tools;

amends the requirements for assigning election official responsibilities and adds the authority to designate supervising election officials.

33 Sections 87 and 88 are repealed and the following substituted:

Ballot papers, certification envelopes

and other materials

(1) The chief electoral officer is responsible for the following:

(

a) arranging the preparation of ballot papers, certification envelopes and other election materials required for the conduct of voting;

(

b) arranging the delivery of the materials described in paragraph (

a) to the district electoral officer;

(

c) if the chief electoral officer has specified the use of a voting administration tool under

section 79.01, arranging the preparation, or procurement, of the voting administration tool and equipment to support the use of the voting administration tool;

(

d) arranging the delivery of a voting administration tool and equipment described in paragraph (

c) to the district electoral officer.

(2) Certification envelopes must be prepared in the form specified by the chief electoral officer.

(3) For the purpose of voting under

section 104.01, mail-in voting packages must be prepared containing the following:

(

a) a ballot;

(

b) a secrecy envelope;

(

c) a certification envelope;

(

d) an outer envelope on which is printed the address of the office of the election official to whom the envelope is to be returned;

(

e) instructions on how to vote by mail-in voting;

(

f) anything else the chief electoral officer considers advisable.

Assignment of election official responsibilities

(1) For each voting opportunity, the district electoral officer must assign

(

a) the required number of election officials, and

(

b) the required responsibilities to the election officials

to conduct the election proceedings, taking into account any matters specified by the chief electoral officer under

section 79.01.

(2) For each voting opportunity, the district electoral officer

(

a) must designate an election official to be responsible for supervising the election officials assigned under subsection (1), and

(

b) may assign an election official to act as the supervising election official if the designated supervising election official under paragraph (

a) is absent or incapable of acting.

(3) As required, the district electoral officer may assign election officials necessary for special voting opportunities and alternative voting options.

SECTION 34: [Election Act,

section 90] prohibits communicating information regarding another individual's candidate choice.

Section 90 (2) (

c) is repealed and the following substituted:

(

c) communicate information regarding another individual's candidate choice; .

SECTION 35: [Election Act,

section 91] amends how to mark a ballot to enable the use of voting administration tools.

Section 91 (1) is repealed and the following substituted:

(1) In the case of an ordinary ballot, an individual votes by marking the ballot to clearly indicate the candidate for whom the individual wishes to vote in accordance with the following, as applicable:

(

a) directions provided at the voting screen;

(

b) directions provided in a mail-in voting package;

(

c) directions provided by the chief electoral officer.

SECTION 36: [Election Act,

section 92]

amends the requirements as to who must be present at voting proceedings;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 92 is repealed and the following substituted:

Individuals who must be present

at voting proceedings

92 The supervising election official designated or assigned under

section 88 must ensure that there are sufficient election officials present at a place where voting proceedings are conducted to monitor, at all times during the voting proceedings, the ballot boxes and, if used, voting administration tools.

SECTION 37: [Election Act,

section 93] is consequential to amendments made by this Bill

section 1 of the Act.

Section 93 (4) is amended by striking out " the voting officer " and substituting " the election official ".

SECTION 38: [Election Act,

section 95]

is consequential to amendments made by this Bill to Division 5 of

Part 6 of the Act;

authorizes election officials to remove ballots stored in an auxiliary compartment and insert them into vote-counting equipment while voting is underway.

Section 95 is amended

(

a) in subsection (4) by striking out " for alternative absentee voting or unless it is to be used for another voting opportunity in accordance with

section 85 (2) " and substituting " for voting at an alternative voting option ",

(

b) by adding the following subsection:

(4.1) During voting proceedings, an election official may, in the presence of at least one witness, remove the ballots from the auxiliary compartment of a ballot box used with vote-counting equipment, for the purpose of inserting the ballots into the vote-counting equipment in accordance with procedures established by the chief electoral officer under

section 79.04 (4). , and

(

c) in subsection (6) by striking out " for alternative absentee voting " and substituting " for voting at an alternative voting option ".

SECTION 39: [Election Act,

section 95.01] sets out requirements for use of vote-counting equipment.

39 The following

section is added to Division 3 of

Part 6:

Before first use of vote-counting equipment

95.01 Before vote-counting equipment is first used in a place where voting proceedings are conducted, the election official responsible, in the presence of at least one witness, must do the following:

(

a) inspect the ballot box that is to be used with the vote-counting equipment to ensure that it is empty and seal it in such a manner that it cannot be opened without breaking the seal;

(

b) inspect the auxiliary compartment to ensure that it is empty;

(

c) inspect the vote-counting equipment to ensure that it has not been interfered with.

SECTION 40: [Election Act, sections 96 to 98]

is consequential to amendments made by this Bill to

section 1 of the Act;

amends the process to obtain a ballot and to vote to enable the use of voting administration tools;

amends the process for advance voting to enable the use of voting administration tools;

amends the process for voting at a special voting opportunity to enable the use of voting administration tools.

40 Sections 96, 97 and 98 are repealed and the following substituted:

Final voting

(1) For final voting in accordance with this section, an individual must attend to vote at a final voting opportunity established

(

a) for the voting area in which the individual is resident, and the election procedures in subsections (2) to (5) apply,

(

b) for another voting area in the same electoral district as the voting area in which the individual is resident, and the election procedures prescribed by regulation under subsection (6) apply, or

(

c) for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, and the election procedures prescribed by regulation under subsection (6) apply.

(2) In order to obtain a ballot for final voting, the following requirements must be met:

(

a) the individual voting must

(

i) provide the documents described in

section 41 (3), or

(ii) if the individual does not have sufficient documentation, have the individual's identity and place of residence confirmed in accordance with

section 41.1, and for this purpose,

section 41.1 (4) and (5) applies;

(

b) if the individual is registering as a voter for the electoral district in conjunction with voting, the election official responsible must record information about the individual as specified by the chief electoral officer;

(

c) if the individual voting is a registered voter, the election official responsible must update information about the voter, if applicable, as specified by the chief electoral officer;

(

d) the individual voting must, as directed by the election official responsible,

(

i) make a written declaration that the individual is entitled to vote in the election, or

(ii) make an oral declaration that the individual is entitled to vote in the election, in which case the election official responsible must make a record that the individual made an oral declaration;

(

e) if the individual requires assistance to vote, the requirements of

section 109 must also be met;

(

f) if the individual is challenged under

section 111, the individual must also meet the requirements of that section;

(

g) if it appears that another individual has already voted using the individual's name, the individual must also meet the requirements of

section 112.

(3) Once the requirements referred to in subsection (2) have been met, the election official responsible must

(

a) announce the name of the individual,

(

b) initial a ballot,

(

c) hand the individual the initialled ballot, and

(

d) provide the individual with directions about the following:

(

i) how to keep marks on the ballot concealed once the individual has marked the ballot by either

(

A) placing the ballot in a secrecy sleeve, or

(

B) refolding the ballot to conceal the names of the candidates and any mark made on the ballot by the individual;

(ii) what to do with the ballot once the individual has marked the ballot.

(4) To vote after receiving a ballot, an individual must

(

a) go directly to a voting screen provided,

(

b) while the ballot is screened from observation, mark it in accordance with

section 91,

(

c) conceal the names of the candidates and any mark made on the ballot by the individual as directed, under subsection (3) (d), by the election official,

(

d) return the ballot to the election official responsible, who must confirm that the ballot is the one that was given to the individual by examining the initials on the ballot, and

(

e) at the individual's choice,

(

i) if no vote-counting equipment is used, either

(

A) accept the ballot back and deposit it in the appropriate sealed ballot box while observed by the election official responsible, or

(

B) observe the election official responsible deposit the ballot in the appropriate sealed ballot box, or

(ii) if vote-counting equipment is used, either

(

A) accept the ballot back and insert it into the appropriate vote-counting equipment or auxiliary compartment, as directed by the election official responsible, or

(

B) observe an election official responsible insert the ballot into the appropriate vote-counting equipment or auxiliary compartment.

(5) If vote-counting equipment is used and the vote-counting equipment provides a notification described in

section 79.04 (5), the election official responsible must follow the procedures established under

section 79.04 (4) (d).

(6) The chief electoral officer must make regulations prescribing election procedures about the following, which may include modifying, for the purposes of this subsection, the election procedures set out in subsections (2) to (4):

(

a) voting at a final voting opportunity established for another voting area in the same electoral district as the voting area in which the individual is resident;

(

b) voting at a final voting opportunity established for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting.

Advance voting

(1) For advance voting in accordance with this section, an individual must attend to vote at an advance voting opportunity established

(

a) for the electoral district for which the individual is a voter, and, subject to subsection (2), the election procedures in

section 96 (2) to (5) apply, or

(

b) for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, and, subject to subsection (2), the election procedures prescribed by regulation under

section 96 (6) apply.

(2) The chief electoral officer may make regulations for advance voting opportunities, which may include modifying, for the purposes of this section, the election procedures set out in

section 96 (2) to (5) or prescribed by regulation under

section 96 (6).

Voting at a special voting opportunity

(1) For voting at a special voting opportunity in accordance with this section, an individual must

(

a) attend to vote at the time and place where the voting opportunity is being conducted, and

(

b) be entitled to vote at the special voting opportunity, if any restrictions referred to in

section 77 (2) on who may vote at the voting opportunity apply.

(2) Unless the time for voting is extended under

section 114 or the voting opportunity is adjourned under

section 272, an individual may not vote under this

section after the time set by

section 75 (3) for the close of final voting for the election in which the individual is voting.

(3) In order to obtain a ballot at a special voting opportunity, the following requirements must be met:

(

a) the individual voting must, as directed by the election official responsible,

(

i) make a written declaration that the individual is entitled to vote in the election and, if restrictions referred to in subsection (1) (

b) apply, that the individual is entitled to vote at the special voting opportunity, or

(ii) make an oral declaration that the individual is entitled to vote in the election and, if restrictions referred to in subsection (1) (

b) apply, that the individual is entitled to vote at the special voting opportunity, in which case the election official responsible must make a record that the individual made an oral declaration;

(

b) the requirements referred to in

section 96 (2) (

a) and, if applicable, the additional requirements referred to in

section 96 (2) (

d) to (

f) must be met.

(4) Once the requirements of subsection (3) have been met, unless other procedures have been established under

section 77, the election official responsible must

(

a) announce the name of the individual,

(

b) initial a ballot,

(

c) hand to the individual the initialled ballot,

(

d) if the ballot is a write-in ballot, provide the individual with a copy of the list of candidates, indicating the names of the candidates for the electoral district for which the individual is a voter and, as applicable, the status of the candidates as representatives of specific registered political parties or as independent candidates, and

(

e) provide the individual with directions for the following:

(

i) how to keep marks on the ballot concealed once the individual has marked the ballot;

(ii) what to do with the ballot once the individual has marked the ballot.

(5) In order to vote after receiving a ballot, an individual must proceed in accordance with

section 96 (4) and (5) unless other procedures have been established under

section 77.

(6) As an exception to subsection (5), if the individual is voting in an election for another electoral district than the one for which the voting opportunity is being held, the ballot must be dealt with in accordance with regulations prescribed under subsection (7) of this section.

(7) The chief electoral officer must make regulations respecting the conduct of voting at a special voting opportunity established for another electoral district for which an election is being conducted at the same time as the election in which the individual is voting, which may include modifying, for the purposes of this subsection, the election procedures set out in subsection (3) or (4).

SECTION 41: [Election Act, sections 99 to 101] is self-explanatory.

41 Sections 99, 100 and 101 are repealed.

SECTION 42: [Election Act, heading to Division 5 of

Part 6] is self-explanatory.

42 The heading to Division 5 of

Part 6 is repealed and the following substituted:

Division 5 – Alternative Voting Options .

SECTION 43: [Election Act, sections 102 to 104] provides for alternative voting options, including voting at the office of a district electoral officer.

43 Sections 102, 103 and 104 are repealed and the following substituted:

Alternative voting options – general

(1) Voting under sections 104 and 104.01 must be available as set out in

section 78.

(2) If an alternative voting option is within a class established by the chief electoral officer by regulation, any restrictions established by the regulations on who may vote apply.

Voting at office of district electoral officer

(1) An individual may attend to vote under this

section at the office of a district electoral officer during its regular office hours.

(2) Voting under this

section may be done at any time up until 4 hours before the time set by

section 75 (3) for the close of final voting for the election in which the individual is voting.

(3) In order to vote under this section, the following requirements must be met:

(

a) the individual voting must, as directed by the election official responsible,

(

i) make a written declaration that the individual is entitled to vote in the election, or

(ii) make an oral declaration that the individual is entitled to vote in the election, in which case the election official responsible must make a record that the individual made an oral declaration;

(

b) the requirements referred to in

section 96 (2) (

a) and, if applicable, the additional requirements of

section 96 (2) (

e) to (

g) must be met.

(4) Once the requirements of subsection (3) are met,

section 96 (3), (4) and (5) applies to the voting.

(5) The chief electoral officer may make regulations in relation to voting at the office of a district electoral officer before ordinary ballots for voting have been prepared, which may include regulations modifying, for the purposes of this section, the election procedures set out in

section 96 (3), (4) and (5).

SECTION 44: [Election Act,

section 104.01] provides for voting with a mail-in voting package as an alternative voting option.

44 The following

section is added:

Voting with mail-in voting package

104.01 An individual may

(

a) apply, in accordance with

section 105 or 105.01, as applicable, for a mail-in voting package

(

i) to the chief electoral officer, or

(ii) to the district electoral officer if the chief electoral officer has so specified or if it would be more convenient for the individual, and

(

b) vote using a mail-in voting package in accordance with

section 106.

SECTION 45: [Election Act,

section 105] amends the requirements for how to obtain a mail-in voting package.

Section 105 is repealed and the following substituted:

How to obtain mail-in voting package

(1) An application for a mail-in voting package may be made at any time up until 4 hours before the time set by

section 75 (3) for the close of final voting for the election in which the individual is voting.

(2) Subject to

section 105.01, an individual must not apply for more than one mail-in voting package for an election.

(3) An application under subsection (1) must include the following:

(

a) the name and residential address of the individual;

(

b) an address at which the individual can be reached and to which the mail-in voting package is to be sent, if this is different from the residential address of the individual;

(

c) if the application is made in the 10 days before final voting day, a telephone number at which the individual can be contacted, if available.

(4) Subject to subsection (5), the chief electoral officer or district electoral officer must mail or otherwise provide a mail-in voting package prepared under

section 87 (3) to an individual who has applied if the officer is satisfied that the individual is a voter for the electoral district for which the individual is applying to vote or is entitled to register as such.

(5) The chief electoral officer or district electoral officer is not required to mail a mail-in voting package to an individual who has applied if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:

(

a) the individual;

(

b) the office at the address described in

section 106 (1) (g) (i);

(

c) the district electoral officer under

section 106 (1) (g) (ii).

(6) If an application under this

section is made in the last 10 days before final voting day for the election in which the individual is voting, the individual who has applied is responsible for arranging delivery of the mail-in voting package to the chief electoral officer or district electoral officer.

(7) Before sending out a mail-in voting package, the chief electoral officer or district electoral officer must make a record that a mail-in voting package will be mailed to the individual who has applied.

(8) The chief electoral officer or district electoral officer may include and, if requested by the individual to whom the mail-in voting package is being provided, must include with a mail-in voting package

(

a) an application for registration as a voter or for updating voter registration information, and

(

b) instructions on how to complete the application.

SECTION 46: [Election Act,

section 105.01] sets out how to obtain a replacement of a mail-in voting package in specified circumstances.

46 The following

section is added:

How to arrange for replacement of mail-

in voting package

105.01

(1) An individual who

(

a) receives a mail-in voting package with an incorrect name or a misspelled name of the individual or an incorrect residential address,

(

b) loses, mutilates or destroys the mail-in voting package,

(

c) spoils a ballot or certification envelope before it is delivered in accordance with

section 106 (1) (g), or

(

d) has applied requesting a voting package in accordance with

section 105 but did not receive a mail-in voting package

may apply to the chief electoral officer or district electoral officer to request a replacement mail-in voting package.

(2) An application under subsection (1) may be made at any time up until 4 hours before the time set by

section 75 (3) for the close of final voting for the election in which the individual is voting.

(3) The chief electoral officer or district electoral officer is not required to provide a mail-in voting package to an individual referred to in subsection (1) if the officer considers that there is insufficient time for the mail-in voting package to be received by the following before the close of final voting:

(

a) the individual;

(

b) the office at the address described in

section 106 (1) (g) (i);

(

c) the district electoral officer under

section 106 (1) (g) (ii).

(4) If the chief electoral officer or district electoral officer provides a replacement mail-in voting package under this section, the officer must

(

a) designate the replaced mail-in voting package as cancelled on the record maintained for that purpose, and

(

b) instruct the individual on what is to be done with the cancelled mail-in voting package, if applicable.

SECTION 47: [Election Act, sections 106 and 107]

amends the process for voting with a mail-in voting package;

sets out how an election official is to deal with a mail-in voting package once it is received back from the individual who used it to vote.

47 Sections 106 and 107 are repealed and the following substituted:

How to vote using mail-in voting package

(1) In order to vote using a mail-in voting package, an individual must do the following:

(

a) mark the ballot in accordance with the directions provided in the mail-in voting package;

(

b) place the marked ballot in the secrecy envelope provided and seal this secrecy envelope;

(

c) follow the directions provided in the mail-in voting package in respect of the following:

(

i) the individual's completion of the certification envelope;

(ii) in the presence of a witness, the individual's signing of a declaration that the individual

(

A) is registered as a voter for the electoral district for which the individual is voting or is applying to register as such in conjunction with voting, and

(

B) has not previously voted in the election and will not afterwards vote again in the same election;

(iii) the individual ensuring that the declaration is signed by the witness to the signing of the declaration under subparagraph (ii);

(

d) place the certification envelope in the outer envelope provided;

(

e) if the individual is registering as a voter in conjunction with voting or is updating voter registration information, enclose in the outer envelope

(

i) the application form and documents required by

section 41 (2) and (3) or the copies permitted by subsection (2) of this section, or

(ii) the application form and solemn declarations required by

section 41.1 (2) and (3);

(

f) seal the outer envelope;

(

g) arrange for the sealed outer envelope containing the applicable materials referred to in paragraphs (

a) to (

e) of this

section to be delivered

(

i) to the address of the office of the election official printed on it, so that it is received before the time set by

section 75 (3) for the close of final voting for the election, or

(ii) if the individual is concerned that the envelope will not be received at the address of the office of the election official printed on it before the time set by

section 75 (3) for the close of final voting for the election, to the office of a district electoral officer.

(2) For the purposes of satisfying the requirements referred to in subsection (1) (e), an individual may enclose copies rather than originals of documents with the application for registration or for updating voter registration information.

Receipt of mail-in voting packages

(1) An envelope that is received as required by

section 106 (1) (g) (

i) before the time set by

section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

(

a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;

(

b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application and register the individual;

(

c) if the election official is satisfied that the individual identified on the certification envelope is the individual to whom the envelope was provided under

section 105 or 105.01, the election official must deal with the certification envelope in accordance with procedures specified by the chief electoral officer;

(

d) if the election official is not satisfied as referred to in paragraph (

b) or (c), the election official must note this on the certification envelope and must place the envelope in a ballot box in accordance with the procedures specified by the chief electoral officer.

(2) An envelope that is received as required by

section 106 (1) (g) (ii) before the time set by

section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

(

a) immediately on receipt, the election official must open the outer envelope and record the date of receipt on the certification envelope and in the voting book;

(

b) if, on the basis of an included application for registration, the election official is satisfied that the individual is entitled to be registered as a voter, the election official must accept the application and register the individual;

(

c) if the election official is satisfied that the individual identified on the certification envelope as using the envelope to vote is the individual to whom the envelope was issued, the election official must initial the certification envelope and place it in a ballot box;

(

d) if the election official is not satisfied as referred to in paragraph (

b) or (c), the election official must note this on the certification envelope and must place the envelope in a ballot box.

(3) An envelope that is received under

section 106 (1) (

g) after the time set by

section 75 (3) for the close of final voting must be dealt with by the election official responsible as follows:

(

a) on receipt, the election official must open the outer envelope and record the date and time of receipt on the certification envelope and in the voting book;

(

b) the election official must forward any enclosed application for registration as a voter or for updating voter registration information to the applicable district registrar of voters to be dealt with as if it were received as part of the general registration;

(

c) the certification envelope must remain unopened and must not be considered in the initial count, the final count or any judicial recount for the election.

SECTION 48: [Election Act,

section 108] amends the rules for voting with mail-in voting packages for members of the armed forces and others.

Section 108 is amended

(

a) in subsection (2) by striking out " alternative absentee voting packages " and substituting " mail-in voting packages ",

(

b) in subsection (3) by striking out " a district electoral officer " and substituting " an election official responsible " and by striking out " of alternative absentee voting packages " and substituting " of mail-in voting packages ",

(

c) in subsection (4) by striking out "

section 106 (1) (g) " and substituting "

section 106 (1) (e) ",

(

d) in subsection (5) by striking out "

section 106 (1) (i) " and substituting "

section 106 (1) (g) " and by striking out " close of general voting " and substituting " close of final voting ", and

(

e) by repealing subsections (6) and (7) and substituting the following:

(6) On receiving the materials referred to in subsection (5), the chief electoral officer must deal with the package in accordance with

section 107.

(7) The election official must return the voting book and any unused mail-in voting packages to the chief electoral officer in accordance with procedures specified by the chief electoral officer.

SECTION 49: [Election Act, sections 108.01 and 108.02]

provides for assisted telephone voting as an alternative voting option for specified individuals;

provides district electoral officers with discretion to establish alternative voting options in exceptional circumstances.

49 The following sections are added to Division 5 of

Part 6:

Assisted telephone voting

108.01

(1) The chief electoral officer may establish assisted telephone voting to enable voting by individuals with a vision impairment that would make it difficult for the individuals to vote at a voting opportunity, in a district electoral office or by mail-in voting.

(2) The chief electoral officer may offer an assisted telephone voting option to individuals other than those described in subsection (1).

(3) If the chief electoral officer offers an assisted telephone voting option under subsection (2) of this section, the report of the chief electoral officer under

section 13 (1) (

b) must include a report on the offer and the circumstances under which the offer was made.

(4) Despite sections 41 and 41.1, an individual may only vote using the option for assisted telephone voting if the voter is a registered voter.

(5) The chief electoral officer must, if the chief electoral officer establishes assisted telephone voting, make regulations respecting assisted telephone voting, including, without limitation, establishing the following:

(

a) the period of time during which assisted telephone voting is available;

(

b) procedures to ensure the secrecy of the ballot;

(

c) procedures to ensure that election officials mark the ballot in accordance with the wishes of the voter.

Voting in exceptional circumstances

108.02

(1) If, in the opinion of the chief electoral officer, exceptional circumstances arise in an election that would make it unsafe for individuals in a specified community or specified location to vote, the chief electoral officer may authorize the district electoral officer to provide an exceptional opportunity for the individuals in the specified community or specified location to vote.

(2) In order to obtain a ballot for voting under this section, the requirements set out in

section 96 (2) must be met.

(3) Subject to subsection (4) of this section, the election procedures set out in

section 96 (3), (4) and (5) and prescribed by regulation under

section 96 (6) apply to voting under this section.

(4) The district electoral officer may modify the procedures referred to in subsection (3) of this section.

(5) A procedure modified under subsection (4) of this

section must preserve the secrecy of the ballot.

SECTION 50: [Election Act,

section 109]

amends the requirements for individuals needing assistance to mark their ballots when attending at a voting opportunity;

is consequential to amendments made by this Bill to

section 1 of the Act;

makes a housekeeping amendment.

Section 109 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) This

section applies to voters

(

a) who vote by attending at a voting opportunity, and

(

b) who

(

i) are unable to mark a ballot because of physical disability or difficulties with reading or writing, or

(ii) require the assistance of a translator to read the ballot and the instructions for voting. ,

(

b) in subsection (4) by striking out " a voting officer " and substituting " an election official ",

(

c) in subsection (5) (

a) by striking out " a solemn declaration that he or she " and substituting " a solemn declaration that the individual ", and

(

d) in subsection (5) (a) (ii) by striking out " will mark " and substituting " if needed, will mark ".

SECTION 51: [Election Act,

section 109.01] sets out the requirements for individuals needing assistance to mark their ballots when voting using mail-in voting packages.

51 The following

section is added:

Individuals needing assistance – mail-in voting

109.01

(1) This

section applies to voters

(

a) who vote by using a mail-in voting package, and

(

b) who

(

i) are unable to mark a ballot or request a mail-in voting package because of physical disability or difficulties with reading or writing, or

(ii) require the assistance of a translator to read the ballot and the instructions for voting.

(2) A voter referred to in subsection (1) may be assisted by an individual in voting or in requesting a mail-in voting package.

(3) An individual must not act under this

section to assist more than one voter in an election.

(4) As an exception to subsection (3), an individual may assist more than one member of the individual's family to whom subsection (1) (b) (

i) or (ii) applies.

(5) An individual who is assisting a voter under this

section must

(

a) preserve the secrecy of the ballot in accordance with

section 90,

(

b) if needed, mark the ballot in accordance with the directions of the voter, and

(

c) refrain from attempting in any manner to influence the voter as to how the voter should vote.

(6) If a voter referred to in subsection (1) (b) (

i) is unable to sign the declaration, which may be on the certification envelope or otherwise, the individual assisting the voter

(

a) must sign the declaration that the voter

(

i) is registered as a voter for the electoral district for which the voter is voting or is applying to register as such in conjunction with voting, and

(ii) has not previously voted in the election and will not afterwards vote again in the same election, and

(

b) must provide information in accordance with the directions in the mail-in voting package.

(7) Under this section, the signature of the individual assisting the voter is considered to be the signature of the voter who is assisted in voting under this section.

(8) An individual must not provide assistance as a translator under this

section unless the individual is able to make the translation and makes it to the best of the individual's abilities.

(9) An individual is not considered to have voted or to have applied for a mail-in voting package by assisting a voter under this section.

SECTION 52: [Election Act,

section 110] is consequential to the addition by this Bill of

section 79.05 to the Act.

Section 110 (4) is amended by striking out " is placed in the appropriate " and substituting " is deposited in the appropriate ".

SECTION 53: [Election Act,

section 111 ] is consequential to amendments made by this Bill to

section 104 of the Act.

Section 111 (1) is amended by striking out " or by alternative absentee voting under

section 104 " and substituting " or at an alternative voting option ".

SECTION 54: [Election Act,

section 112] is consequential to amendments made by this Bill to

section 1 of the Act.

Section 112 (2) (

a) is amended by striking out " the voting officer " and substituting " the election official responsible ".

SECTION 55: [Election Act,

section 113] is consequential to amendments made by this Bill to

section 96 of the Act.

Section 113 (1) is repealed and the following substituted:

(1) In the following cases, a voter may obtain a replacement ballot by giving the spoiled ballot to the election official responsible:

(

a) the voter spoils the ballot and requests the replacement ballot before the spoiled ballot is deposited in the ballot box;

(

b) the vote-counting equipment provides a notification described in

section 79.04 (5) in relation to the voter's ballot.

SECTION 56: [Election Act,

section 115] authorizes the chief electoral officer to specify that ballots in certification envelopes are to be included in the initial count in specified circumstances.

Section 115 is repealed and the following substituted:

What is the initial count

(1) The initial count is to be a count of the votes on the ballots for an election other than, subject to subsection (2), the ballots contained in certification envelopes.

(2) The chief electoral officer may specify that ballots contained in certification envelopes are to be included in the initial count if the certification envelopes contain ballots used for voting at a voting opportunity or at an alternative voting option at which an electronic voting book was used.

SECTION 57: [Election Act,

section 117]

is consequential to amendments made by this Bill to

section 1 of the Act;

sets out who may specify where initial counts of specified ballots are to be conducted.

Section 117 is amended

(

a) in subsection (1) by striking out " general voting " wherever it appears and substituting " final voting ",

(

b) by adding the following subsections:

(1.1) If the chief electoral officer specifies under

section 115 (2) that ballots contained in certification envelopes are to be included in the initial count, the initial count of ballots contained in certification envelopes must be conducted at a place specified by the chief electoral officer.

(1.2) The chief electoral officer must notify the following individuals or organizations of the place at which the initial count of ballots described in subsection (1.1) is to be conducted:

(

a) the candidates who have not been endorsed in the election by a political party;

(

b) the registered political parties that have endorsed candidates in the election. ,

(

c) in subsection (2) by striking out " in subsection (1) must " and substituting " in subsections (1) and (1.1) must ", and

(

d) by repealing subsection (3) and substituting the following:

(3) The district electoral officer must notify the candidates of the places specified under subsection (2), other than a voting place referred to in subsection (1).

SECTION 58: [Election Act, sections 118 and 119]

sets out who conducts initial counts of specified ballots;

sets out who must and may be present at initial counts.

58 Sections 118 and 119 are repealed and the following substituted:

Who conducts the initial count

(1) The initial count of the following must be conducted by election officials assigned responsibility to do so by a district electoral officer:

(

a) ballots used for final voting;

(

b) ballots used for advance voting;

(

c) ballots used for voting at a special voting opportunity if the ballots are not contained in certification envelopes.

(2) The initial count of ballots used for voting other than voting referred to in subsection (1) must be conducted by election officials assigned responsibility to do so by the chief electoral officer.

Who must and may be present at the initial count

(1) At the initial count where no vote-counting equipment is used,

(

a) the election official responsible for the ballot box and at least one other election official must be present,

(

b) candidates in the election are entitled to be present, and

(

c) each candidate is entitled to have one candidate representative present for each ballot box for which the count is being separately conducted.

(2) At the initial count where vote-counting equipment is used,

(

a) the election official responsible for the vote-counting equipment and at least one other election official must be present,

(

b) candidates in the election are entitled to be present,

(

c) each candidate is entitled to have one candidate representative present for each electronic vote-counting machine for which the count is being separately conducted, and

(

d) a registered political party that has received notice under

section 117 (1.2) is entitled to designate one individual to be present for each electronic vote-counting machine for which the count is being conducted.

(3) Individuals other than those permitted by subsections (1) and (2) and other than election officials taking

part in the count may not be present during the initial count unless permitted by

(

a) the chief electoral officer or an election official authorized by the chief electoral officer, or

(

b) the district electoral officer or an election official authorized by the district electoral officer.

SECTION 59: [Election Act,

section 120] establishes how the initial count is to be carried out when vote-counting equipment is not used.

Section 120 is amended

(

a) by adding the following subsection:

(0.1) This

section applies if the chief electoral officer does not specify the use of vote-counting equipment under

section 79.01. ,

(

b) in subsection (1) (

b) by striking out " voting officer " and substituting " election official ",

(

c) in subsection (1) by adding the following paragraph:

(b.1) if

(

i) a ballot used by an individual for voting for an electoral district other than the electoral district in which the individual is voting is found in the ballot box and is not in a secrecy envelope and certification envelope, and

(ii) of the ballots in the ballot box, the ballot is the only ballot described by subparagraph (i),

the ballot is to be placed by the election official responsible in a secrecy envelope and certification envelope associated with the ballot, and the certification envelope is to be sealed, and the certification envelope is to be kept separate and unopened, for inclusion with the other election materials required by

section 126; ,

(

d) in subsection (1) (

c) by striking out " voting officer " and substituting " election official " and by striking out " by

section 126 " and substituting " by the procedures established under

section 126 ",

(

e) in subsection (1) (

d) by striking out " sections 122 to 124 " and substituting " sections 122, 123 and 124 ", and

(

f) in subsection (1) (

f) by striking out " in accordance with

section 126 " and substituting " in accordance with the procedures established under

section 126 ".

SECTION 60: [Election Act, sections 120.01 and 120.02]

establishes how the initial count is to be carried out when vote-counting equipment is used;

requires the chief electoral officer to make regulations setting out additional steps to be taken during the initial count when voting equipment is used;

requires the chief electoral officer to make regulations establishing a quality assurance process and notify candidates of specified matters;

sets out who is entitled to be present when a quality assurance process is undertaken;

requires the district electoral officer to consider a recount if the quality assurance process indicates ballots were not accurately processed.

60 The following sections are added:

Proceedings on the initial count – with vote-counting equipment

120.01

(1) This

section applies if the chief electoral officer specifies the use of vote-counting equipment under

section 79.01.

(2) During proceedings on the initial count under this section, ballot accounts must be prepared and completed in accordance with

section 121.

(3) The election official responsible must use, in accordance with the procedures specified by the chief electoral officer under

section 79.04 (4), the vote-counting equipment to produce a record in paper format of

(

a) the number of votes accepted for each candidate, and

(

b) the number of ballots rejected.

(4) Subject to subsection (7), the initial count of the votes on ballots in a ballot box must proceed in accordance with subsections (2) and (3) and with the regulations under subsection (5).

(5) The chief electoral officer must make regulations prescribing additional requirements respecting how the initial count of votes is to proceed that must include the following:

(

a) the circumstances in which an election official may transcribe a voter's candidate choice, if the voter's intent is clear, onto an ordinary ballot if

(

i) the ballot is rejected by the vote-counting equipment, or

(ii) the voter's mark on the ballot is not readable by the vote-counting equipment;

(

b) the procedures that must be followed when transcribing a voter's candidate choice under paragraph (a).

(6) In making a regulation under subsection (5), the chief electoral officer may make different regulations for ballots used for voting at a voting opportunity and for ballots used for voting at an alternative voting option.

(7) If, in the opinion of the election official responsible, there are technical or similar problems with the vote-counting equipment, the district electoral officer may do the following:

(

a) direct the election official responsible to conduct the initial count in accordance with the proceedings set out in

section 120;

(

b) specify a different place at which the initial count is to be conducted.

(8) If the district electoral officer specifies a place under subsection (7) (b), the district electoral officer must notify the affected candidates of the place at which the initial count is to be conducted.

Quality assurance process

120.02

(1) The chief electoral officer must make regulations establishing a quality assurance process to determine whether the vote-counting equipment processed ballots accurately in accordance with

section 123.

(2) The chief electoral officer must notify candidates of

(

a) the place where the process will be undertaken, and

(

b) the time when the process will be undertaken, which may be a time after the initial count or the declaration of preliminary results but before the final count.

(3) The following are entitled to be present when the process is undertaken:

(

a) candidates in the election;

(

b) one candidate representative for each candidate in the election.

(4) If the results of the quality assurance process indicate that the vote-counting equipment did not process ballots accurately in accordance with

section 123, the district electoral officer must consider whether to exercise the district electoral officer's discretion under

section 136 (1) (

a) to recount some or all of the ballots.

SECTION 61: [Election Act,

section 121 ]

requires that ballot accounts be prepared as specified by the chief electoral officer;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 121 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The election official responsible must prepare in duplicate a ballot account in the form specified by the chief electoral officer with the information specified by the chief electoral officer. ,

(

b) by adding the following subsection:

(1.1) The chief electoral officer may specify that different information be included under subsection (1) for ballot accounts that account for ballots used in voting proceedings in which one or more types of voting administration tools were used. ,

(

c) in subsection (2) by striking out " the counting under

section 120 (1) (

d) is complete, the voting officer " and substituting " the counting under

section 120 (1) (d), 120.01 (4) or 122.02 (5), as applicable, is complete, the election official responsible ",

(

d) in subsection (3) by striking out " the voting officer " and substituting " the election official responsible ",

(

e) in subsection (4) by striking out " in accordance with

section 126 " and substituting " in accordance with the procedures established under

section 126 ", and

(

f) in subsection (5) by striking out " The voting officer " and substituting " The election official responsible ".

SECTION 62: [Election Act,

section 122]

provides how ballots are to be considered when they are in ballot boxes used without vote-counting equipment;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 122 is amended

(

a) by adding the following subsection:

(0.1) This

section applies to ballots in a ballot box with which no vote-counting equipment was used. ,

(

b) by repealing subsection (1) and substituting the following:

(1) Each ballot to be considered on the initial count must be dealt with as follows:

(

a) the election official responsible must consider in accordance with

section 123 whether the ballot is to be accepted as a vote or whether it is to be rejected;

(

b) after making the consideration, the election official responsible must call out in a distinct voice, as applicable,

(

i) the name of the candidate for whom the vote is recorded, if the ballot is accepted as a vote, or

(ii) that the ballot is rejected;

(

c) the election official responsible must place the ballot in such a manner that any candidates and candidate representatives present are able to see how the ballot is marked. , and

(

c) in subsection (2) by striking out " The voting officer " and substituting " The election official responsible ".

SECTION 63: [Election Act, sections 122.01 to 122.03]

provides how certification envelopes are to be considered at the initial count;

provides how ballots from certification envelopes are to be considered at the initial count;

allows the chief electoral officer to authorize the early consideration of envelopes and ballots, prior to the close of final voting.

63 The following sections are added:

Consideration of certification envelopes

122.01

(1) This

section applies if the chief electoral officer specifies under

section 115 (2) that ballots contained in certification envelopes are to be included in the initial count.

(2) A certification envelope must remain unopened and any ballot in it must not be considered on the initial count if one or more of the following applies:

(

a) the envelope is not completed as required under this Act;

(

b) the individual identified on the envelope as using the envelope to vote is not the individual to whom the envelope was issued;

(

c) the individual identified on the envelope as using the envelope to vote is not entitled to vote in the election;

(

d) the individual identified on the envelope as using the envelope to vote appears to be voting more than once in the election.

(3) If a certification envelope is to remain unopened under subsection (2), the election official responsible must mark this on the envelope, together with the applicable reason.

(4) A candidate, candidate representative or a person designated by a registered political party under

section 119 (2) (

d) may object in accordance with

section 124 to a decision on whether or not a certification envelope is to remain unopened under subsection (2) of this section, and for this purpose, a reference in

section 124 to a ballot is to be read as a reference to a certification envelope.

Consideration of ballots from certification envelopes

122.02

(1) This

section applies if the chief electoral officer specifies under

section 115 (2) that ballots contained in certification envelopes are to be included in the initial count.

(2) The certification envelopes other than those referred to in sections 120 (1) (

c) and 122.01 must be opened one at a time and dealt with as follows:

(

a) if a certification envelope contains more than one secrecy envelope and 2 or more of those secrecy envelopes contain a ballot,

(

i) the secrecy envelopes must be marked as being required to remain unopened under this provision and must be placed inside the certification envelope, which must be resealed,

(ii) the certification envelope must be marked as having been dealt with under this provision, and

(iii) the certification envelope must not be reopened, and the secrecy envelopes must remain unopened and any ballots in them must not be considered on the initial count and on the final count;

(

b) if a certification envelope contains more than one secrecy envelope and only one of those secrecy envelopes contains a ballot, the secrecy envelope with the ballot is to be removed from its certification envelope for opening under subsection (3);

(

c) if a certification envelope contains a ballot but no secrecy envelope, the election official responsible must deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the ballot from other individuals present;

(

d) if a secrecy envelope is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the election official responsible must open the secrecy envelope, remove the ballot and deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the envelope and ballot from other individuals present;

(

e) if not otherwise dealt with under this subsection, a secrecy envelope is to be removed from its certification envelope for opening under subsection (3).

(3) The remaining secrecy envelopes referred to in subsection (2) (

e) are to be opened one at a time and dealt with as follows:

(

a) if a secrecy envelope contains more than one ballot,

(

i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the initial count, and

(ii) in the case in which more than one of the ballots are marked,

(

A) the ballots must be resealed in the secrecy envelope,

(

B) the secrecy envelope must be marked as having been dealt with under this provision, and

(

C) the secrecy envelope must not be reopened and the ballots in it must not be considered on the initial count and on the final count;

(

b) if a secrecy envelope contains only one ballot, the ballot must be deposited in the ballot box to be used for the initial count.

(4) After all ballots to be considered have been deposited in the ballot box, the contents of the ballot box must be mixed to ensure the secrecy of the ballot.

(5) After the ballot box has been prepared in accordance with subsections (2) and (3), the initial count of the ballots in the ballot box is to be completed

(

a) in the case where no vote-counting equipment is used, by

(

i) considering the ballots one at a time in accordance with sections 122, 123 and 124, and

(ii) completing the ballot account in accordance with

section 121 (2), and

(

b) in the case where vote-counting equipment is used, by

(

i) transcribing a voter's candidate choice, if the voter's intent is clear, onto an ordinary ballot if the ballot is not readable by the vote-counting equipment,

(ii) using the vote-counting equipment to consider the ballot and record the vote, and

(iii) completing the ballot account in accordance with

section 121 (2).

Early consideration of certification envelopes

and ballots from certification envelopes

122.03 (1)The chief electoral officer may authorize procedures described in sections 122.01 and 122.02 (2) and (3) and in the regulations under

section 120.01 (5) (

b) to be undertaken before the times set out in

section 116.

(2) If the chief electoral officer provides an authorization under subsection (1), the chief electoral officer must notify candidates and registered political parties of the date and time when, and the place where, the proceedings will be undertaken.

SECTION 64: [Election Act,

section 123] amends which ballots are to be accepted and which ballots are to be rejected to enable the use of voting administration tools.

Section 123 is amended

(

a) in subsection (1) (

c) by striking out " the ballot is uniquely " and substituting " in the case where vote-counting equipment is not used, the ballot is uniquely ", and

(

b) by repealing subsection (2) and substituting the following:

(2) Unless rejected under subsection (1), either of the following on an ordinary ballot is to be accepted and counted as a vote for the applicable candidate:

(

a) a filling in of the blank space provided on the ballot opposite the name of the candidate;

(

b) a mark that clearly indicates the intention of the voter to vote for the candidate.

SECTION 65: [Election Act,

section 124]

is consequential to amendments made by this Bill to sections 1 and 79.01 of the Act;

makes a housekeeping amendment.

Section 124 is amended

(

a) by adding the following subsection:

(0.1) This

section does not apply if the chief electoral officer has specified the use of vote-counting equipment under

section 79.01. ,

(

b) by striking out " the voting officer " wherever it appears and substituting " the election official responsible ", and

(

c) in subsection (4) (

a) by striking out " on the form established by the chief electoral officer " and substituting " on the form specified by the chief electoral officer ".

SECTION 66: [Election Act, sections 125 and 126]

requires the chief electoral officer to establish procedures for reporting preliminary election results;

authorizes the chief electoral officer to make preliminary results public on the basis of the reports;

requires the chief electoral officer to establish procedures for the packaging and delivery of election materials and voting administration tools to the district electoral officer;

requires election officials to package and deliver election materials and voting administration tools in accordance with the procedures.

66 Sections 125 and 126 are repealed and the following substituted:

Preliminary election results

(1) The chief electoral officer must establish procedures for reporting preliminary election results that must include the following:

(

a) who must make the reports;

(

b) to whom the reports must be made.

(2) The chief electoral officer may make public preliminary results for the election.

Packaging and delivery of election materials to district electoral officer

(1) The chief electoral officer must establish procedures for the packaging and delivery of any election materials and, if used, voting administration tools to the district electoral officer.

(2) After the ballot account is completed, the election official responsible must package and deliver election materials and voting administration tools, if any, to the district electoral officer in accordance with the procedures established under subsection (1).

SECTION 67: [Election Act,

section 128]

amends when the final count is to take place;

is consequential to amendments made by this Bill to

section 131 of the Act.

Section 128 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The final count must take place on a date specified by the chief electoral officer, which date must not be before the 4th day after final voting day. , and

(

b) in subsection (3) by striking out " the certification envelope preparations referred to in

section 131 " and substituting " the sorting of certification envelopes referred to in

section 131 ".

SECTION 68: [Election Act,

section 129] is consequential to amendments made by this Bill to

section 131 of the Act.

Section 129 (1) is amended by striking out " the preparations under

section 131 " and substituting " the sorting of certification envelopes under

section 131 ".

SECTION 69: [Election Act,

section 131] amends how certification envelopes are to be prepared for the final count.

Section 131 is repealed and the following substituted:

Certification envelope preparation for final count

131 The certification envelopes to be considered at the final count must be sorted into classes as specified by the chief electoral officer.

SECTION 70: [Election Act,

section 132]

is consequential to amendments made by this Bill to sections 131 and 133 of the Act;

requires the chief electoral officer to make regulations respecting the final count if vote-counting equipment will be used;

amends the authority to combine classes of certification envelopes to preserve the secrecy of the ballot.

Section 132 is amended

(

a) in subsection (1) (

a) by striking out "

section 131 (2) " and substituting "

section 131 ",

(

b) in subsection (1) (

d) by striking out "

section 133 (2) " and substituting "

section 133 ",

(

c) by adding the following subsection:

(1.1) If the chief electoral officer specifies under

section 79.01 that vote-counting equipment will be used during the final count, the chief electoral officer must make regulations prescribing additional requirements respecting how the final count of votes is to proceed, including the procedures that must be followed by an election official when transcribing a voter's candidate choice onto an ordinary ballot if

(

a) the ballot is not readable by the vote-counting equipment, and

(

b) the voter's intent is clear. ,

(

d) by repealing subsection (2) and substituting the following:

(2) The district electoral officer may authorize certification envelopes of one class to be combined with certification envelopes of another class if the district electoral officer considers that this is necessary to maintain the secrecy of the ballot. , and

(

e) by repealing subsection (3) and substituting the following:

(3) If certification envelopes are combined under subsection (2), the district electoral officer must prepare a ballot account for the combined certification envelopes in accordance with

section 133 (1).

SECTION 71: [Election Act,

section 133] amends how the ballot accounts are to be prepared for the final count.

Section 133 is amended by repealing subsection (1) and substituting the following:

(1) The district electoral officer must prepare in duplicate a ballot account in the form specified by the chief electoral officer with the information specified by the chief electoral officer.

SECTION 72: [Election Act,

section 135] amends how the final count is to proceed both with and without the use of vote-counting equipment.

Section 135 is amended

(

a) in subsection (1) (

a) by striking out " one secrecy envelope " and substituting " one secrecy envelope and 2 or more of those secrecy envelopes contain a ballot ",

(

b) in subsection (1) by adding the following paragraph:

(a.1) if a certification envelope contains more than one secrecy envelope and only one of those secrecy envelopes contains a ballot, the secrecy envelope with the ballot is to be removed from its certification envelope for opening under subsection (2); ,

(

c) by repealing subsection (2) (

a) and substituting the following:

(

a) if a secrecy envelope contains more than one ballot,

(

i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the final count, and

(ii) in the case in which more than one of the ballots are marked,

(

A) the ballots must be resealed in the secrecy envelope,

(

B) the secrecy envelope must be marked as having been dealt with under this provision, and

(

C) the secrecy envelope must not be reopened and the ballots in it must not be considered on the final count; , and

(

d) by repealing subsection (3) and substituting the following:

(3) After the ballot box has been prepared in accordance with subsections (1) and (2), the final count of the ballots in the ballot box is to be completed

(

a) in the case where no vote-counting equipment is used, by

(

i) considering the ballots one at a time in accordance with sections 122, 123 and 124, and

(ii) completing the ballot account in accordance with

section 133 (2), and

(

b) in the case where vote-counting equipment is used, by

(

i) counting the votes using the vote-counting equipment in accordance with the regulations under

section 132 (1.1), and

(ii) completing the ballot account in accordance with

section 133 (2).

SECTION 73: [Election Act,

section 136]

requires the chief electoral officer to make regulations respecting the conduct of recounts by district electoral officers;

is consequential to amendments made by this Bill to

section 1 of the Act.

Section 136 is amended

(

a) by adding the following subsection:

(0.1) The chief electoral officer must make regulations respecting the conduct of recounts by the district electoral officer under this section. ,

(

b) in subsection (1) (

b) by striking out " general voting day " and substituting " final voting day ",

(

c) in subsection (1) by striking out " some or all, as requested, of the ballots " and substituting " some or all of the ballots ", and

(

d) in subsection (2) by striking out " sections 122 to 124 " and substituting " the regulations under subsection (0.1) ".

SECTION 74: [Election Act,

section 137]

requires district electoral officers to report election results to the chief electoral officer;

requires the chief electoral officer to declare official election results.

Section 137 is amended

(

a) in subsection (1) by striking out " must declare the official election results as follows " and substituting " must report the following to the chief electoral officer ",

(

b) by adding the following subsection:

(1.1) Based on the reports under subsection (1), the chief electoral officer must declare the official election results. , and

(

c) in subsection (2) by striking out " subsection (1) " and substituting " subsection (1.1) ".

SECTION 75: [Election Act,

section 138]

requires the chief electoral officer to establish procedures for packaging of election materials;

requires district electoral officers to package election materials in accordance with the procedures established by the chief electoral officer and to deal with voting administration tools as directed by the chief electoral officer.

Section 138 is amended

(

a) by adding the following subsection:

(0.1) The chief electoral officer must establish procedures for the packaging of ballots, unopened or resealed certification envelopes and secrecy envelopes and all other election materials. ,

(

b) by repealing subsection (1) and substituting the following:

(1) After the final count, the district electoral officer must package election materials in accordance with the procedures established under subsection (0.1). , and

(

c) by repealing subsection (3) and substituting the following:

(3) At the end of the time referred to in subsection (2), the district electoral officer must

(

a) deliver the election materials to the chief electoral officer in accordance with the directions of the chief electoral officer, and

(

b) if any voting administration tools are used, deal with the voting administration tools in accordance with the directions of the chief electoral officer.

SECTION 76: [Election Act,

section 139] allows for an application for a judicial recount on the basis of inaccurate vote-counting equipment.

Section 139 (2) is amended by adding the following paragraph:

(

e) that the results of the quality assurance process, established by regulations under

section 120.02, indicate that the vote-counting equipment did not process ballots accurately in accordance with

section 123.

SECTION 77: [Election Act,

section 140] amends when a judicial recount must take place.

Section 140 (2) is repealed and the following substituted:

(2) The date set under subsection (1) for the judicial recount must be

(

a) no earlier than the date that is 7 days after the declaration of the official election results under

section 137, and

(

b) no later than the date that is 15 days after the declaration of the official election results under

section 137.

SECTION 78: [Election Act,

section 142] gives the court discretion whether to use vote-counting equipment during a judicial recount.

Section 142 (5) is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) consider the ballots

(

i) at the discretion of the court, in accordance with the procedures for counting votes with vote-counting equipment or in accordance with the procedures for counting votes without vote-counting equipment, and

(ii) in accordance with

section 123, , and

(

b) by adding the following paragraph:

(a.1) consider the envelopes in accordance with sections 134 and 135, .

SECTION 79: [Election Act,

section 156] specifies circumstances in which political parties may be registered that would not otherwise be registered because of likely confusion.

Section 156 is amended

(

a) by repealing subsection (3), and

(

b) by adding the following subsection:

(3.1) Despite subsection (2), the chief electoral officer may register a political party in a circumstance where any of the forms of identification referred to in

section 155 (3) (

c) are the same or similar to such forms of identification for another political party if both of the following apply:

(

a) the other political party has been deregistered for at least the previous 4 years;

(

b) the name of the other political party has not appeared on a ballot paper at any time in the past 10 years.

SECTION 80: [Election Act,

section 175] requires nomination contestants to have a financial agent.

Section 175 is amended

(

a) in subsection (1) by adding the following paragraph:

(

e) a nomination contestant. ,

(

b) by repealing subsection (2) (

b) and substituting the following:

(

b) a candidate, leadership contestant or nomination contestant may appoint an individual as a financial agent in accordance with

section 176, but if no financial agent is appointed, the candidate, leadership contestant or nomination contestant is that person's own financial agent. ,

(

c) in subsection (4) by striking out " financial agent for a registered political party " and substituting " financial agent of a registered political party ", and

(

d) by repealing subsection (5).

SECTION 81: [Election Act,

section 176]

disqualifies individuals from acting as financial agents if they did not meet specified requirements under the Recall and Initiative Act ;

adds a reference to nomination contestants;

makes housekeeping amendments.

Section 176 is amended

(

a) in subsection (1) by adding the following paragraphs:

(

e) an individual who, at any time within the previous 7 years, failed to file a report that was required to be filed under this Act or the Recall and Initiative Act in the individual's capacity as a financial agent;

(

f) an individual who, at any time within the previous 7 years, failed to file a report that was required to be filed under this Act or the Recall and Initiative Act . ,

(

b) in subsection (4) by striking out " candidate or leadership contestant " and substituting " candidate, leadership contestant or nomination contestant " and by striking out " as his or her own financial agent " and substituting " as the individual's own financial agent " , and

(

c) in subsection (5) by striking out " financial agent for more than " and substituting " financial agent of more than ".

SECTION 82: [Election Act,

section 180] adds specified transfers in relation to nomination contestants to the list of transfers that are not political contributions but that must be reported.

Section 180 (6) is amended

(

a) in paragraph (

a) by striking out " or " at the end of subparagraph (ii), by adding " , or " at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) a nomination contestant, in relation to that individual seeking nomination as a candidate representing that party; ,

(

b) by adding the following paragraph:

(c.2) a transfer of money or other property from, or the provision of services by, a nomination contestant to

(

i) the registered political party for which the nomination is sought,

(ii) a candidate representing the registered political party, or

(iii) the registered constituency association; ,

(

c) in paragraph (

d) by striking out "

section 205 (2) (a) " and substituting "

section 210.01 (2) (a) ", and

(

d) by adding the following paragraph:

(d.1) the transfer of a surplus under

section 211.02 (

a) or (b); .

SECTION 83: [Election Act,

section 184] clarifies that contestant expenses include expenses incurred prior to an individual becoming a leadership or nomination contestant.

Section 184 is amended by adding the following subsection:

(2.1) For certainty, a contestant expense includes such an expense incurred by an individual who becomes a leadership contestant or nomination contestant before that individual in fact became a contestant.

SECTION 84: [Election Act,

section 185.01] adds a reference to nomination contestants.

Section 185.01 (2) is amended by striking out " a leadership contestant for a major political party or a constituency association " and substituting " a leadership contestant for a major political party, a nomination contestant for a major political party or a constituency association ".

SECTION 85: [Election Act,

section 185.02]

adds references to nomination contestants;

adds requirements to provide specified information within specified time periods, in relation to specified fundraising functions to the financial agent of a political party, candidate, leadership contestant, nomination contestant or constituency association on whose behalf the specified fundraising function was held;

adds requirements to provide updated information.

Section 185.02 is amended

(

a) in subsection (1) by striking out " leadership contestant or constituency association " and substituting " leadership contestant, nomination contestant or constituency association ",

(

b) in subsection (1) (

e) by striking out " leadership contestant or constituency association " and substituting " leadership contestant, nomination contestant or constituency association ",

(

c) by adding the following subsection:

(1.1) No later than 30 days after the date of the specified fundraising function, the individual or organization who held the fundraising function must provide the following information to the financial agent of the political party, candidate, leadership contestant, nomination contestant or constituency association on whose behalf the specified fundraising function was held:

(

a) the name of every member of the Executive Council, parliamentary secretary or leader of the political party who attended the specified fundraising function;

(

b) the number of charges per individual received for the specified fundraising function;

(

c) the amount of political contributions raised at the specified fundraising function. ,

(

d) by repealing subsection (2) and substituting the following:

(2) No later than 60 days after the date of the specified fundraising function, the financial agent of the political party, candidate, leadership contestant, nomination contestant or constituency association on whose behalf the specified fundraising function was held must provide to the chief electoral officer the information set out in subsection (1.1) (

a) to (c). ,

(

e) in subsection (3) by striking out " under subsections (1) and (2) " and substituting " under subsection (1) ",

(

f) by adding the following subsection:

(3.1) The individual or organization that provides the information to a financial agent under subsection (1.1) must, if the individual or organization becomes aware that the information has changed or is not accurate, provide to the financial agent updated information as soon as possible, and the financial agent must provide the updated information to the chief electoral officer within 30 days of receiving the information from the individual or organization. , and

(

g) in subsection (4) (

a) by striking out " under subsections (1), (2) and (3) " and substituting " under subsections (1), (2), (3) and (3.1) ".

SECTION 86: [Election Act,

section 186.01] adds political contribution limits for unregistered political parties and their candidates, constituency associations and nomination contestants.

Section 186.01 is amended

(

a) in subsection (1) by striking out " under subsection (2) or (3) " and substituting " under subsection (2), (3) or (5) ", and

(

b) by adding the following subsection:

(5) In relation to a political party that is not registered,

(

a) for 2020, the applicable amount to any one political party that is not registered, the candidates of that political party, the constituency associations of that political party and the nomination contestants of that political party is the amount established under subsection (2) (

a) and adjusted under subsection (3), and

(

b) for 2021 and each following year, the chief electoral officer must establish the applicable amount for the year as soon as possible after each January 1 of that year by

(

i) determining the ratio between the consumer price index at January 1, 2018 and the consumer price index at January 1 of the year to which the limit applies, and

(ii) applying the ratio to adjust the amount that is to apply for that year.

SECTION 87: [Election Act,

section 186.02] provides that specified personal election expenses and personal contestant expenses are not to be included as political contributions when determining compliance with political contribution limits.

Section 186.02 is amended

(

a) in subsection (1) by adding the following paragraphs:

(

c) the amount of any money provided by an individual, who is, intends to become or was a candidate, for personal election expenses of the individual;

(

d) the amount of any money provided by an individual, who is, intends to become or was a leadership contestant or nomination contestant, for personal contestant expenses of the individual. , and

(

b) in subsection (3) by striking out " subsection (1) " and substituting " subsection (1) (

a) and (b) ".

SECTION 88: [Election Act,

section 189] makes housekeeping amendments.

Section 189 is amended

(

a) in subsection (3) by striking out " A financial agent must use his or her best efforts " and substituting " A financial agent must use best efforts ", and

(

b) in subsection (5) by striking out " a financial agent for a candidate or leadership contestant " and substituting " a financial agent of a candidate, leadership contestant or nomination contestant ".

SECTION 89: [Election Act,

section 190] amends what a financial agent must record in relation to each political contribution.

Section 190 (1) is amended by adding the following paragraphs:

(

j) in the case of a contribution referred to in

section 186.02 (1) (c), the amount used to pay for personal election expenses;

(

k) in the case of a contribution referred to in

section 186.02 (1) (d), the amount used to pay for personal contestant expenses.

SECTION 90: [Election Act,

section 191] adds references to nomination contestants.

Section 191 is amended

(

a) by striking out " a candidate or registered constituency association of the political party " and substituting " a candidate, nomination contestant or registered constituency association of the political party ", and

(

b) by adding the following paragraph:

(a.1) in the case of a nomination contestant for the political party, the financial agent of the nomination contestant must provide the information within 60 days after the nomination contest has concluded; .

SECTION 91: [Election Act,

section 193] adds references to nomination contestants.

Section 193 is amended

(

a) in subsections (1) and (2) by striking out " an election expense or a leadership contestant expense " and substituting " an election expense or a contestant expense ",

(

b) by repealing subsection (3) and substituting the following:

(3) A candidate must not incur an election expense except through the candidate's financial agent or an individual authorized in writing by the financial agent. ,

(

c) by adding the following subsections:

(3.1) A leadership contestant must not incur a contestant expense except through the leadership contestant's financial agent or an individual authorized in writing by the financial agent.

(3.2) A nomination contestant must not incur a contestant expense except through the nomination contestant's financial agent or an individual authorized in writing by the financial agent. ,

(

d) in subsection (4) by striking out " an election expense or a leadership contestant expense " and substituting " an election expense or a contestant expense ", and

(

e) by adding the following subsection:

(7) If a registered political party incurs a contestant expense on behalf of a nomination contestant,

(

a) the financial agent of the register