112. (1) A returning officer shall, at least three days before polling day, post in his or her office, and provide to each candidate or candidate’s representative, a list of the names and addresses of all the deputy returning officers and poll clerks appointed to act in the electoral district, with the number of the polling station at which each is to act.

(2) The returning officer shall permit access to, and give full opportunity for the inspection of, the list referred to in subsection (1) by interested persons at any reasonable time.

113. The Chief Electoral Officer, at any time before the issue of the writ or immediately after the issue of it, shall deliver to the returning officer sufficient quantities of election materials and the necessary instructions for the election officers to perform their duties.

114. (1) The Chief Electoral Officer shall provide the returning officer with the necessary ballot boxes.

(2) Each ballot box shall be of the size and shape and made of the material determined by the Chief Electoral Officer and be constructed to allow seals for the use of the returning officers and deputy returning officers to be affixed.

115. (1) As soon as possible after the issue of the writ, the Chief Electoral Officer shall provide the returning officer with the paper on which the ballots are to be printed. The weight and opacity of the paper shall be determined by the Chief Electoral Officer.

(2) Before the closing day for nominations, the Chief Electoral Officer shall deliver to every returning officer the printing material prepared for that election for the purpose of printing the year and the name of the electoral district on the back of the ballot.

116. (1) The returning officer shall, as soon as possible after 2:00 p.m. on the 19th day before polling day, authorize the printing of a sufficient number of ballots in Form 3 of Schedule 1.

(2) Ballots shall have a counterfoil and a stub, with a line of perforations between the ballot and the counterfoil and between the counterfoil and the stub.

(3) The ballots shall be numbered on the back of the stub and the counterfoil, and the same number shall be printed on the stub as on the counterfoil.

(4) Ballots shall be in books containing an appropriate number of ballots.

(5) Each printer shall return all of the ballots and all of the unused paper on which the ballots were to have been printed, to the returning officer.

(6) Ballots shall bear the name of the printer who, on delivering them to the returning officer, shall include an affidavit in the prescribed form that sets out a description of the ballots, the number of ballots delivered to the returning officer and the fact that all ballots were provided, and all paper returned, as required by subsection (5).

117. (1) Ballots shall contain the names of candidates, arranged alphabetically, taken from their nomination papers.

(2) The name, in the form referred to in paragraph 366(2)(b), of the political party that has endorsed the candidate shall be listed on the ballot under the name of the candidate if

(a) the candidate’s nomination paper includes it;

(b) the condition described in paragraph 67(4)(c) is met; and

(c) at the close of nominations, the party is a registered party.

(d) [Repealed, 2004, c. 24, s. 2]

(3) The word “independent” shall be listed on the ballot under the name of the candidate who has requested it in accordance with subparagraph 66(1)(a)(v) and may not be so listed in any other case.

(4) [Repealed, 2001, c. 21, s. 12]

(5) The ballot shall list under the candidate’s name the address or occupation of a candidate who makes a written request to that effect to the returning officer before 5:00 p.m. on the closing day for nominations, if the candidate and another candidate on the ballot have the same name and both candidates have chosen under subparagraph 66(1)(a)(v) to either have the word “independent” or no designation of political affiliation under their names in election documents.

2000, c. 9, s. 117; 2001, c. 21, s. 12; 2004, c. 24, s. 2.

118. Ballot boxes, ballots, envelopes and marking instruments procured for an election are the property of Her Majesty.

119. (1) Before voting begins, each returning officer shall provide each deputy returning officer in his or her electoral district with

(a) enough ballots for at least the number of electors on the official list of electors for the deputy returning officer’s polling station;

(b) a statement showing the number of ballots that are supplied, with their serial numbers;

(c) the necessary materials for electors to mark their ballots;

(d) an adequate number of templates, provided by the Chief Electoral Officer, to enable electors who are visually impaired to mark their ballots without assistance;

(e) a copy of the instructions of the Chief Electoral Officer referred to in section 113;

(f) the official list of electors for use at the polling station, enclosing it when possible in the ballot box with the ballots and other supplies;

(g) a ballot box;

(h) the text of the oaths to be administered to electors; and

(i) the necessary envelopes, forms and other supplies that may be authorized or provided by the Chief Electoral Officer.

(2) Until the opening of the poll, each deputy returning officer is responsible for all election materials in his or her possession and shall take every precaution for the safekeeping of those materials and to prevent any person from having unlawful access to them.

120. (1) Each returning officer shall, for polling day, establish one polling station for each polling division.

(2) No later than 3 days before a polling day, a returning officer may, with the prior approval of the Chief Electoral Officer, establish several polling stations for a polling division if, because of the number of electors on the list of electors for the polling division, the returning officer believes it necessary for the conduct of the vote, and each of those polling stations is to be designated by the number of the polling division to which is added the letter A, B, C and so on.

(3) The returning officer shall divide the official list of electors for a polling division into as many separate lists as are required for the taking of the votes at each polling station.

(4) To each portion of the official list of electors that is divided, the returning officer shall, before sending the portion to the deputy returning officer for the polling station, append a certificate signed by the returning officer in the prescribed form attesting to its correctness.

121. (1) Subject to subsection (2), a polling station shall be in premises with level access.

(2) If a returning officer is unable to secure suitable premises with level access for use as a polling station, the returning officer may, with the prior approval of the Chief Electoral Officer, locate the polling station in premises without level access.

(3) Each polling station shall contain one or two voting compartments arranged so that each elector is screened from observation and may, without interference or interruption, mark their ballot.

(4) Each voting compartment shall be placed on a hard and smooth surface and shall have in it a suitable black lead pencil for the use of electors in marking their ballots.

122. (1) If a returning officer is unable to secure suitable premises to be used as a polling station within a polling division, the returning officer may establish a polling station in an adjacent polling division and all the provisions of this Act apply as if the polling station were within the polling division to which it appertains.

(2) Whenever possible, a returning officer shall locate a polling station in a school or other suitable public building and shall locate the polling station or the polling stations in a central polling place, at a place or places in the building that will provide ease of access to electors.

(3) A returning officer may require the officer in charge of a building owned or occupied by the Government of Canada to make premises in that building available for use as a polling station, and the officer to whom the requirement is directed shall make every reasonable effort to comply with the requirement.

123. (1) A returning officer may, if he or she considers it advisable, place several polling stations together in a central polling place.

(2) A returning officer shall not group together more than 15 polling stations in a central polling place without the prior approval of the Chief Electoral Officer.

(3) On the establishment of a central polling place under subsection (1), all of the provisions of this Act apply as if each polling station at the central polling place were within the polling division to which it appertains.

124. (1) When a returning officer establishes a central polling place, the returning officer may appoint, with the prior approval of the Chief Electoral Officer,

(a) an information officer to provide information to the electors; and

(b) a person responsible for maintaining order.

(2) When a returning officer establishes a central polling place that contains four or more polling stations, the returning officer may appoint a central poll supervisor to attend at the central polling place on polling day to supervise proceedings and keep the returning officer informed of any matter that adversely affects, or is likely to adversely affect, the proceedings.

125. (1) When a polling division consisting of two or more institutions is constituted under subsection 538(5), the returning officer may establish a mobile polling station to be located in each of those institutions successively.

(2) The returning officer shall set the times during which a mobile polling station will be located in the institutions referred to in subsection (1).

(3) The returning officer shall give notice to the candidates of the itinerary of the mobile polling station in accordance with the instructions of the Chief Electoral Officer.

(4) Subject to the instructions of the Chief Electoral Officer, the provisions of this Act that relate to ordinary polls shall, in so far as they are applicable, apply to mobile polling stations.

126. No person shall

(a) forge a ballot;

(b) without authority under this Act, print a ballot or what purports to be or is capable of being used as a ballot at an election;

(c) being authorized under this Act to print a ballot, knowingly print more ballot papers than the person is authorized to print;

(d) print a ballot or what purports to be or is capable of being used as a ballot at an election with the intention of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast; or

(e) manufacture, import into Canada, have in possession, supply to an election officer, or use for the purpose of an election, or cause to be manufactured, imported into Canada, provided to an election officer, or used for the purposes of an election, a ballot box that contains a compartment into which a ballot may be secretly placed or a device by which a ballot may be secretly altered.

127. An elector may vote

(a) in person at a polling station on polling day;

(b) in person at an advance polling station during the period provided for the advance poll; or

(c) by means of a special ballot issued in accordance with Part 11.

128. (1) The voting hours on polling day are

(a) from 8:30 a.m. to 8:30 p.m., if the electoral district is in the Newfoundland, Atlantic or Central time zone;

(b) from 9:30 a.m. to 9:30 p.m., if the electoral district is in the Eastern time zone;

(c) from 7:30 a.m. to 7:30 p.m., if the electoral district is in the Mountain time zone; and

(d) from 7:00 a.m. to 7:00 p.m., if the electoral district is in the Pacific time zone.

(2) Despite subsection (1), if polling day is during a time of the year when the rest of the country is observing daylight saving time, the voting hours in Saskatchewan are

(a) in the case of an electoral district in the Central time zone, from 7:30 a.m. to 7:30 p.m.; and

(b) in the case of an electoral district in the Mountain time zone, from 7:00 a.m. to 7:00 p.m.

129. The Chief Electoral Officer may, if he or she considers it necessary, set the voting hours for the electoral district so that the opening and closing of its polls coincide with the opening and closing of the polls in other electoral districts in the same time zone.

130. When more than one local time is observed in an electoral district, the returning officer shall, with the prior approval of the Chief Electoral Officer, determine one local time to be observed for every operation prescribed by this Act, and shall publish the hours in the Notice of Election referred to in section 62.

131. If only one by-election is held or if more than one by-election is held on the same day and all of them are in the same time zone, the hours of voting are from 8:30 a.m. to 8:30 p.m.

132. (1) Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting his or her vote and, if his or her hours of work do not allow for those three consecutive hours, his or her employer shall allow the time for voting that is necessary to provide those three consecutive hours.

(2) The time that the employer shall allow for voting under subsection (1) is at the convenience of the employer.

(3) This section and section 133 do not apply to an employee of a company that transports goods or passengers by land, air or water who is employed outside his or her polling division in the operation of a means of transportation, if the additional time referred to in subsection (1) cannot be allowed without interfering with the transportation service.

133. (1) No employer may make a deduction from the pay of an employee, or impose a penalty, for the time that the employer shall allow for voting under subsection 132(1).

(2) An employer who pays an employee less than the amount that the employee would have earned on polling day, had the employee continued to work during the time referred to in subsection 132(2) that the employer allowed for voting, is deemed to have made a deduction from the pay of the employee, regardless of the basis on which the employee is paid.

134. No employer shall, by intimidation, undue influence or by any other means, interfere with the granting to an elector in their employ of the three consecutive hours for voting, as provided for in section 132.

135. (1) The only persons who may be present at a polling station on polling day are

(a) the deputy returning officer and the poll clerk;

(b) the returning officer and his or her representatives;

(c) the candidates;

(d) two representatives of each candidate or, in their absence, two electors to represent each candidate;

(e) an elector and a friend or relative who is helping him or her by virtue of subsection 155(1), only for the period necessary to enable the elector to vote; and

(f) any observer or member of the Chief Electoral Officer’s staff whom he or she authorizes to be present.

(2) When a representative of a candidate is admitted to a polling station, the representative shall deliver his or her written authorization from the candidate or the candidate’s official agent in the prescribed form to the deputy returning officer.

(3) A representative bearing a written authorization referred to in subsection (2) is deemed to be a representative of the candidate within the meaning of this Act and is entitled to represent the candidate in preference to, and to the exclusion of, any elector who might otherwise claim the right to represent the candidate.

(4) Each representative of a candidate or each elector described in paragraph (1)(d), on being admitted to the polling station, shall take an oath in the prescribed form.

136. (1) A candidate or the candidate’s official agent may authorize any number of representatives of the candidate to be present at a polling station, but only two of each candidate’s representatives may be present at any time.

(2) A representative of a candidate, or an elector described in paragraph 135(1)(d), may leave a polling station at any time and return at any time before the counting of the votes begins and is not required to produce a new written authorization from the candidate or official agent or to take another oath.

(3) A representative of a candidate may, during voting hours,

(a) examine the list of electors, provided that the representative does not delay an elector in casting his or her vote; and

(b) convey any information obtained by the examination referred to in paragraph (a) to a representative of the candidate who is on duty outside the polling station.

(4) A representative of a candidate shall not use a communications device at a polling station during voting hours.

137. (1) A candidate may perform the duties of a representative of the candidate, or may assist the representative in the performance of those duties, and may be present at any place that the representative is authorized to attend under this Act.

(2) The non-attendance of a representative of a candidate at any time or place authorized by this Act does not in any way invalidate any act or thing done during the absence of the representative if the act or thing is otherwise duly done.

138. (1) Before a polling station opens on polling day, and in full view of the candidates or their representatives who are present at the polling station, the deputy returning officer shall initial the back of every ballot in the space indicated in Form 3 of Schedule 1, entirely in ink or entirely in black pencil so that when the ballot is folded the initials can be seen. The initials shall be as similar as possible on each ballot.

(2) For the purpose of initialling, the ballots shall not be detached from the books in which they are contained.

(3) The opening of a polling station shall not be delayed for the purpose of initialling the ballots. Ballots that are not initialled when the polling station opens shall be initialled as soon as possible and in all cases before being handed to electors.

139. Candidates or their representatives who are in attendance at least 15 minutes before a polling station opens are entitled to have the ballots intended to be used at the polling station carefully counted in their presence and to inspect the ballots and all other documents relating to the vote.

140. When the polling station opens, the deputy returning officer shall, in full view of the candidates or their representatives who are present, open the ballot box and ascertain that it is empty, and shall

(a) seal the ballot box with the seals provided by the Chief Electoral Officer; and

(b) place the ballot box on a table in full view of all present and ensure that the box remains there until the polling station closes.

141. Immediately after the ballot box is sealed, the deputy returning officer shall call on the electors to vote.

142. (1) The deputy returning officer shall ensure that every elector is admitted into the polling station and that the electors are not disturbed when they are in or near the polling station.

(2) A deputy returning officer may, if he or she considers it advisable, direct that not more than one elector for each voting compartment may at any time enter the room where the voting is held.

143. (1) Each elector, on arriving at the polling station, shall give his or her name and address to the deputy returning officer and the poll clerk, and on request to a representative of the candidate.

(2) The poll clerk shall ascertain if the name of the elector appears on the list of electors and, if it does, the elector’s name shall be crossed off the list and, subject to section 144, the elector shall be immediately allowed to vote.

144. (1) A deputy returning officer, poll clerk, candidate or candidate’s representative who has doubts concerning the identity or right to vote of a person intending to vote at a polling station may request that the person show satisfactory proof of identity and residence.

(2) A person may, instead of showing satisfactory proof of identity, take the prescribed oath.

(3) Once an elector has been given a ballot, no person shall require the elector to show proof of identity or take an oath.

145. (1) Subject to subsection (2), a person who refuses to show satisfactory proof of identity, to take an oath required by this Act or to reply to a question regarding their entitlement to vote at a particular polling station shall not receive a ballot, be admitted to vote or be again admitted to the polling station.

(2) If an elector refuses to take an oath because he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the deputy returning officer or the poll clerk of the polling station, the returning officer decides that the elector is not required to take the oath, and if the elector is entitled to vote in the polling division, the returning officer shall direct that the elector be again admitted to the polling station and be allowed to vote.

146. If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person is, on taking the prescribed oath and complying in all other respects with the provisions of this Act, entitled to receive a ballot and to vote.

147. If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person is entitled to receive a ballot and to vote, after having taken the prescribed oath and satisfied the deputy returning officer as to their identity and entitlement to vote at the polling station.

148. If the name of an elector has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall be allowed to vote after taking the oath referred to in subsection 144(2), after the deputy returning officer or the poll clerk has verified with the returning officer that their name was crossed off in error.

149. An elector whose name does not appear on the official list of electors in his or her polling station shall not be allowed to vote unless the elector

(a) gives the deputy returning officer a transfer certificate described in section 158 or 159 and, for a certificate described in subsection 158(2), fulfills the conditions described in subsection 158(3);

(b) provides satisfactory proof of identity, and the deputy returning officer ascertains with the returning officer that the elector is listed either on the preliminary list of electors or was registered during the revision period; or

(c) gives the deputy returning officer a registration certificate described in subsection 161(4).

150. (1) Every elector who is admitted to vote shall be given a ballot by the deputy returning officer.

(2) The deputy returning officer shall explain to each elector how to indicate his or her choice and fold the ballot so that its serial number and the initials of the deputy returning officer are visible and shall direct the elector to return the marked and folded ballot.

151. (1) An elector shall, after receiving a ballot,

(a) proceed directly to the voting compartment;

(b) mark the ballot with a cross or other mark in the circular space opposite the name of the candidate of his or her choice;

(c) fold the ballot as instructed by the deputy returning officer; and

(d) return the ballot to the deputy returning officer.

(2) The deputy returning officer shall, on receiving the ballot from the elector,

(a) without unfolding the ballot, verify that it is the same one that was handed to the elector by examining its serial number and the initials on it;

(b) remove and destroy the counterfoil in full view of the elector and all other persons present; and

(c) return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

152. (1) If an elector has inadvertently handled a ballot in such a manner that it cannot be used, the elector shall return it to the deputy returning officer who shall mark it as a spoiled ballot, place it in the envelope supplied for the purpose and give the elector another ballot.

(2) An elector shall not be given more than one ballot under subsection (1).

153. (1) Every elector shall vote without delay and leave the polling station as soon as his or her ballot has been put into the ballot box.

(2) An elector who is entitled to vote at a polling station and who is in the polling station or in line at the door at the close of voting hours shall be allowed to vote.

154. (1) The deputy returning officer, on request by an elector who is unable to vote in the manner prescribed by this Act because he or she cannot read or has a physical disability, shall assist the elector in the presence of the poll clerk.

(2) The deputy returning officer shall, on request, provide a template to an elector who has a visual impairment to assist him or her in marking his or her ballot.

155. (1) If an elector requires assistance to vote, a friend, the spouse, the common-law partner or a relative of the elector or a relative of the elector’s spouse or common-law partner may accompany the elector into the voting compartment and assist the elector to mark his or her ballot.

(2) No person shall as a friend assist more than one elector for the purpose of marking a ballot.

(3) A person described in subsection (1) who wishes to assist an elector in marking a ballot shall first take an oath, in the prescribed form, that he or she

(a) will mark the ballot paper in the manner directed by the elector;

(b) will not disclose the name of the candidate for whom the elector voted;

(c) will not try to influence the elector in choosing a candidate; and

(d) has not, during the current election, assisted another person, as a friend, to mark a ballot.

(4) No person who assists an elector under this section shall, directly or indirectly, disclose the candidate for whom the elector voted.

2000, c. 9, s. 155, c. 12, s. 40.

156. A deputy returning officer may appoint and swear a language or sign language interpreter to assist the officer in communicating to an elector any information that is necessary to enable him or her to vote.

157. (1) At a polling station that has been established in a home for the aged or in a chronic care facility, when the deputy returning officer considers it necessary, the deputy returning officer and the poll clerk shall

(a) suspend temporarily the voting in the polling station; and

(b) with the approval of the person in charge of the institution, carry the ballot box, ballots and other necessary election documents from room to room in the institution to take the votes of electors who are confined to bed and ordinarily resident in the polling division in which the institution is situated.

(2) When the vote of an elector who is confined to bed is taken, the deputy returning officer shall give the elector the assistance necessary to enable the elector to vote, and not more than one representative of each candidate may be present.

158. (1) A candidate whose name appears on the list of electors for a polling station is entitled on request to receive a transfer certificate to vote at another polling station in the same electoral district.

(2) A returning officer or an assistant returning officer shall issue a transfer certificate to any person whose name appears on the official list of electors for a polling station and who has been appointed, after the last day of advance polls, to act as an election officer for another polling station.

(3) A transfer certificate issued under subsection (2) authorizes the person to vote at the polling station named in it only if, on polling day, the person performs the duty specified in the certificate at the place mentioned in the certificate.

159. (1) An elector who is in a wheelchair or who has a physical disability, and who is unable to vote without difficulty in his or her polling division because it does not have a polling station with level access, may apply for a transfer certificate to vote at another polling station with level access in the same electoral district.

(2) The application referred to in subsection (1) shall be in the prescribed form, and shall be personally delivered to the returning officer or assistant returning officer for the elector’s electoral district before 10:00 p.m. of the Friday immediately before polling day by the elector, a friend, the spouse, the common-law partner or a relative of the elector or a relative of his or her spouse or common-law partner.

(3) The returning officer or assistant returning officer shall issue a transfer certificate in the prescribed form, and hand the certificate to the person who delivered the application to the officer, if the officer is satisfied that

(a) the elector’s name appears on a list of electors for the electoral district; and

(b) the polling station established for the polling division in which the elector resides does not have level access.

2000, c. 9, s. 159, c. 12, s. 40.

160. The returning officer or assistant returning officer by whom a transfer certificate is issued shall

(a) fill in and sign the certificate and mention on it the date of its issue;

(b) consecutively number the certificate in the order of its issue;

(c) keep a record of the certificate in the order of its issue on the prescribed form;

(d) not issue the certificate in blank; and

(e) if possible, send a copy of the certificate to the deputy returning officer for the polling station on whose list of electors the name of the person to whom the certificate has been issued appears.

161. (1) An elector whose name is not on the list of electors may register in person on polling day if

(a) the elector provides satisfactory proof of identity and residence; or

(b) the elector takes an oath in the prescribed form and is accompanied by an elector whose name appears on the list of electors for the same polling division and who vouches for him or her on oath in the prescribed form.

(2) Where subsection (1) applies, the registration may take place before

(a) a registration officer at a registration desk established under subsection 39(1); or

(b) a deputy returning officer at a polling station with respect to which the Chief Electoral Officer determines that the officer be authorized to receive registrations.

(3) In the case of a registration under paragraph (2)(a), the registration officer shall permit one representative of each candidate in the electoral district to be present.

(4) Where the elector satisfies the requirements of subsection (1), the registration officer or deputy returning officer, as the case may be, shall complete a registration certificate in the prescribed form authorizing the elector to vote and the elector shall sign it.

(5) When a registration certificate is given under subsection (4), the list of electors is deemed, for the purposes of this Act, to have been modified in accordance with the certificate.

(6) No elector shall vouch under paragraph (1)(b) for more than one elector at an election.

162. Each poll clerk shall

(a) make, on the prescribed form, the entries that the deputy returning officer directs under this Act;

(b) as soon as the elector’s ballot has been deposited in the ballot box, indicate, beside the name of the elector on the list of electors, that the elector has voted;

(c) indicate, if applicable, on the prescribed form that the elector has voted under a transfer certificate issued under section 158 or 159 and give the number of the certificate;

(d) indicate, if applicable, on the prescribed form that the elector has voted, under paragraph 149(b), without his or her name being on the official list of electors;

(e) indicate, if applicable, on the prescribed form that the elector has voted under section 146;

(f) indicate, if applicable, on the prescribed form that the elector has presented identification or taken an oath and the type of oath;

(g) indicate, if applicable, on the prescribed form that the elector refused a legal requirement to show proof of identity or to take an oath or refused to answer a question regarding his or her entitlement to vote at a particular polling station;

(h) indicate, if applicable, on the prescribed form that the elector has been readmitted to the polling station and allowed to vote under subsection 145(2);

(i) indicate, if applicable, on the prescribed form that an elector has voted in the circumstances described in section 147, that the oath of identity has been taken or that any other oath was required to be taken and was taken, note any objection that was made on behalf of any of the candidates and indicate the candidate’s name; and

(j) indicate, if applicable, on the prescribed form, that an elector has voted under a registration certificate issued under subsection 161(4).

163. The vote is secret.

164. (1) Every candidate, election officer or representative of a candidate present at a polling station or at the counting of the votes shall maintain the secrecy of the vote.

(2) Except as provided by this Act, no elector shall

(a) on entering the polling station and before receiving a ballot, openly declare for whom the elector intends to vote;

(b) show his or her ballot, when marked, so as to allow the name of the candidate for whom the elector has voted to be known; or

(c) before leaving the polling station, openly declare for whom the elector has voted.

(3) It is the duty of each deputy returning officer to draw the attention of any elector to an offence that the elector commits in contravening subsection (2) and to the punishment to which the elector is liable, but the elector shall be allowed to vote in the usual way if he or she has not already done so.

165. No person shall use a loudspeaking device within hearing distance of a polling station on polling day for the purpose of promoting or opposing a political party that is listed on the ballot under the name of a candidate or the election of a candidate.

2000, c. 9, s. 165; 2001, c. 21, s. 13.

166. (1) No person shall

(a) post or display in, or on the exterior surface of, a polling place any campaign literature or other material that could be taken as an indication of support for or opposition to a political party that is listed on the ballot under the name of a candidate or the election of a candidate;

(b) while in a polling station, wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate or political party that is listed on the ballot under the name of a candidate, or the political or other opinions entertained, or supposed to be entertained, by the candidate or party; and

(c) in a polling station or in any place where voting at an election is taking place, influence electors to vote or refrain from voting or vote or refrain from voting for a particular candidate.

(2) Despite paragraph (1)(b), a representative of a candidate in a polling station may, in the manner authorized by the Chief Electoral Officer, wear a badge identifying his or her function and the name of the political party that is listed on the ballot under the name of the candidate.

2000, c. 9, s. 166; 2001, c. 21, s. 14.

167. (1) No person shall

(a) apply for a ballot in a name that is not his or her own;

(b) use a forged ballot;

(c) knowing that he or she is without authority under this Act to do so, provide a ballot to any person; or

(d) knowing that he or she is without authority under this Act to do so, have a ballot in his or her possession.

(2) No person shall wilfully

(a) alter, deface or destroy a ballot or the initials of the deputy returning officer signed on a ballot;

(b) put or cause to be put into a ballot box a ballot or other paper otherwise than as provided by this Act;

(c) take a ballot out of the polling station; or

(d) destroy, take, open or otherwise interfere with a ballot box or book or packet of ballots.

(3) No deputy returning officer shall

(a) with the intent of causing the reception of a vote that should not have been cast or the non-reception of a vote that should have been cast, put his or her initials on the back of any paper purporting to be or capable of being used as a ballot at an election; or

(b) place on any ballot any writing, number or mark, with intent that the elector to whom the ballot is to be, or has been, given may be identified.