Canadian Forces Deputy Returning Officers (DRO) Briefing

Lecture Online

I – Introduction

• Overview
• Election officials: Role and Responsibilities

II – Duties

• Commanding Officers
• Liaison Officers - General duties
• Deputy Returning Officers

III - Service voting procedure

• Qualifications and entitlements to vote
• Statement of ordinary residence
• Method to take the service vote
• Procedure for casting vote
• Calendar - Crucial dates for Liaison Officers/Deputy Returning Officers
• Financial administration
• Political activities by Canadian Forces members – Restrictions
• Questions
• Contacts - Numbers and addresses

Introduction

1. Your CO has appointed you to establish the polling station and take the vote of CF electors.
2. You must know the procedures for CF voting.
3. You must be impartial in performing your duties, and answer questions related to the electoral process only.

Overview

Canadian Forces (CF) electors vote at federal general elections in one of two ways:

1. under the Special Voting Rules (SVRs) - at a service polling station for a candidate running in the electoral district encompassing the selected place of ordinary residence reflected on the elector's Statement of Ordinary Residence (SOR); or
2. if a elector has not voted under the SVRs - at a civilian polling station but only if it is in the electoral district shown on his/her SOR and he/she ordinarily resides in that electoral district as of polling day.

Key Players

Chief Electoral Officer (CEO)

Special Voting Rules Administrator (SVRA) and the Military Vote Coordinator (MVC)

Coordinating Officer (Coord O)

Liaison Officers (LOs)

Commanding Officers (COs)

Deputy Returning Officers (DROs)

Admin/Fin Clerks (RMS)

Chief Electoral Officer

Incumbent: Mr. Marc Mayrand

The Chief Electoral Officer (CEO)

• supervises the conduct of elections
• ensures that all election officers act with fairness and impartiality
• issues administrative instructions
• implement public education and information programs

(ss.16 & 18 CEA)

Special Voting Rules Administrator (SVRA) - Elections Canada

Incumbent: Ms. Lyne Morin, at Elections Canada (EC)

Assistant – Military Vote Coordinator – Michel Lefebvre, at Elections Canada

The SVRA

1. obtains from the LOs the list of names of electors from each CF unit
2. obtains from the LOs the list of names of DROs that is provided by COs
3. distributes the election materials and the list of candidates
4. receives, validates, and sorts the ballots marked by CF electors
5. proceeds with the counting of the votes of electors on civilian polling day in Ottawa (2 May 11), and
6. communicates the results of the votes cast.

(ss.181-182 CEA)

DND Coordinating Personnel - Mandate

DND Coordinating Officer (DND Coord Offr): Col V. Joshi

DND Deputy Coordinating Officer (DND Deputy Coord Offr): LCol R. Strum

Elections Administration Officer (Elections Adm Offr): Ms. Suzanne Touchette

Assistant to the Elections Admin Officer (Elections Coord): Mrs. Natalie Payant

• The Minister of National Defence (MND) appointed the DND Coord Offr to work both during and between elections with the CEO.
• the DND Coord Offr informs service members, through a CANELECTGEN, of the terms and conditions of voting

Liaison Officers and Support Staff

• LOs are appointed by the Minister
• LOs and support staff cooperate with the CEO and Coord Offr in the administration of the vote of CF electors
• LOs liaise between COs and DROs and with SVRA
• The main functions of LOs are to ensure that every CF elector receives information concerning the voting procedures, that they are given the opportunity to vote, and that the completed ballots are properly transported back to the SVRA in Ottawa. ON TIME (2 May 11, by 18h00).

Commanding Officers
(Statutory duties of Commanding Officers)

Within seven days after writs are issued, the CO

1. Publish a notice of election in unit orders and post it prominently.
2. Prepare an alphabetical list of all CF electors serving in or attached to the CO's unit, based on the SORs held in unit records (s.205(1)(b) CEA).
3. Establish polling stations, including joint polling stations or mobile polls as needed; notify the appropriate LO of the number and location of polling stations, and arrangements for mobile polls.
4. Designate DROs for each station.
5. Provide a list of the names/ranks of DROs and electors to CEO/SVRA.
6. Provide the facilities and resources for the vote.
7. Fix voting dates and times.
8. Publish a notice of voting dates/times and places.

Upon receipt of elections materials

• Acknowledge receipt
• Distribute materials to DROs in sufficient quantities

Additional Responsibilities

1. Post lists of candidates in conspicuous places
2. Provide special mailing facilities/support
3. With LO, arrange transportation of ballots and materials
4. Protect secrecy of the ballots
5. Send the ballots to the SVRA in Ottawa, by priority post or other service means as often as possible

(ss.204-209 CEA)

Duties of Deputy Returning Officers

• Attend DRO briefing session – to ensure performance of duties is in accordance with the Canadian Elections Act
• Be familiar with DRO Manual (Voting by CF electors) (EC 78130 (10/04) – (N.B. This publication is available on the JAG WEBsite)
• Be familiar with The Guide to Federal Electoral Districts and Street Indexes
• Establish telephone/FAX communication directly with your Liaison Officer a.s.a.p. (communicate with, inform and seek advice from your LO)
• Receive all election material, ensure quantities are sufficient, count ballot papers and return by fax and mail the white copy of the supply distribution record (FORM EC 78190) to SVRA
• control voting materials until returned to CO
• Assign personnel for mobile polling stations (one DRO for mobile polling stations is sufficient). Many Reserve Force units have full-time members
• Know and comply with the dates and times during which polling stations must be opened (consult notice of election issued by the unit's CO)
• Set up polling station to ensure the elector can vote in secrecy
• Ensure that you will have a phone at your polling station and an assistant to help you deal with list of CF electors and admin duties.
• personally supervise the operations in the polling station
• personally take the vote of all CF electors (N.B. This task is not to be left to your assistant)
• execute SORs where necessary for Res F members
• Keep available for consultation: one set of street indexes, one guide to electoral districts, one list of candidates, and one list of electors
• Ensure that voting instructions card for Canadian Forces Electors (Form EC78120 (01/02)) are put in conspicuous places
• protect secrecy of vote and maintain decorum at the polling station
• Grant access to voting area to authorized representatives of political parties. The representative should have an authorization form signed by the political candidate (form EC 78070)

(ss.212, 213 & 267 CEA)

Ensure every eligible voter has the opportunity to vote, including:

• incarcerated members
• incapacitated members (physical disability, hospitalized members)
• members on TD or leave in your area

IMPORTANT – Outer envelope - Ensure the outer envelope:

• is personally signed and dated by the elector
• reflects the elector's name and service number
• reflects the correct electoral district of the CF elector and applicable code
• the elector's unit name

Duties of Deputy Returning Officers After Voting is Completed

• By 29 Apr 11 - send your after action report to LO through Sr DRO
• By 12 May 11 - return all unused material including ballot stubs, and spoiled ballots to the SVRA (N.B. not with completed ballots)
• By 6 Jun 11 - DROs and LOs - send detailed expense report to Ottawa Elections HQ Fin Clerk (MCpl Michel Pelletier) (through Sr LO of voting area)
• Send your after action report to your local LO, through your Sr DRO, detailing relevant information concerning the taking of the vote
• Do Not send SORs completed at the polling station by Reserve Force members to the SVRA/CEO (Elections Canada) for validation. These SORs are to be retained in Unit file

(ss.210-219 CEA)

Voting by CF electors – 2 brochures to understand the process

1. It is simple, secret and it counts (EC 78003 (02/11): explain when and where to vote, how the vote works, counting the ballots
2. Message to CF electors (EC 78001 (01/02): relates to Statement of Ordinary Residence (SOR)

(Note: Brochures EC 78003 (02/2011) and EC 78001 (01/02) were distributed in large numbers in your region)

Service Voting Period

Service voting must occur during the period of the 14th and 9th day before civilian polling day (i.e. 18 Apr to 23 Apr 11 inclusively). A CO must determine when, during that period, polls will be open.

Minimum requirements: At least 3 days and at least 3 hours per day (ss.205(3) and 208 CEA).

Where necessary, polls could be opened: after hours and Saturdays.

Notices of Election

First Notice: When writs have been issued each CO shall publish, as part of unit orders, a notice informing electors:

• that an election has been called;
• of the polling date;
• that CF electors may vote under SVRs;
• that he will designate DROs; and
• that he will fix the voting times during the voting period

(s.204 CEA)

Second Notice: Starting 3 days prior and each day during the period 18 to 23 April 2011 inclusively, the CO must publish, in his or her unit's orders and post in a conspicuous place, a notice that states:

• the days on which the electors may vote;
• the precise location of, and the voting hours at, each polling station, other than a mobile polling station; and
• in the case of a mobile polling station, its location and the anticipated period during which it is to remain at that location.

(s.208 CEA)

CF Elector - Qualifications and Entitlement to Vote

• Canadian Citizen
• 18 years of age or over on civilian polling day
• Member of the Regular Force
• Member of the Reserve Force on full-time training or service, or on active service (Class B or C - any time from 26 Mar 11 to 30 Apr 11 inclusive)
• Civilian elector who is employed outside Canada by the CF as a teacher in, or as a member of the administrative support staff for a CF school

Statement of Ordinary Residence

Members of Regular Force (DND 406):

• must complete on enrolment - subsequent amendment is discretionary (Note to DRO: In June 2010, Elections Canada sent a letter to all CF electors providing the opportunity to verify or amend their SOR

Members of Reserve Force on full-time training or service (DND 407):

• must complete where on full-time training or service between date of issue of writs and the Saturday preceding civilian polling day N.B.: on full-time training or service means CF members on Class B or C Reserve Service

Members of Reserve Force on Active Service

• must complete when placed on active service

N.B.: Reserve Force members are considered on active service anywhere beyond Canada (OIC P.C. 1989-583 of 6 Apr 89)

(ss.192, 194, 195 CEA and para 22 CFAO 99-9)

The SOR indicates:

• the person's surname, given names, sex and rank;
• the person's date of birth;
• the civic address of the person's place of ordinary residence in Canada immediately before enrolment, transfer or hiring; and
• the person's current mailing address.

(ss.194-195 CEA)

Amendments to Statement of Ordinary Residence

• Members of Regular Force may amend their SOR at any time
• The amendment comes into effect 60 days after its reception by the CO of the unit responsible for the records (URS), except when made during an election period
• If made during an election period, the amendment comes into effect 14 days after civilian polling day
• N.B.: In June 2010, Elections Canada sent a letter to all CF electors providing the opportunity to verify or amend their SOR information.

(CANFORGEN 160/07, DJAGMJAL 021418Z NOV 07 was also distributed to CF electors in Nov 2007, informing them of the procedure to be followed, should they wish to amend their SOR)

Place of Ordinary Residence

A CF elector's ordinary residence is one of the following locations:

• the place of ordinary residence of the spouse, the commonlaw partner, a relative or a dependant of the eligible elector, a relative of his or her spouse or common-law partner or a person with whom the elector would live but for his or her being enrolled in or hired by the CF;
• the place where the member is residing by reason of his or her performance of services as a member of the CF; or
• the elector's place of his or her ordinary residence immediately before being enrolled in or hired by the CF

Voting at a Civilian Polling Station

Voting at a civilian polling station is authorized only if:

1. the elector completed a SOR;
2. the elector actually resides in the electoral district that the elector has named in his or her SOR;
3. 1. the elector's name is included on the national Register of electors, or
   2. the elector provides satisfactory proof of identity and residence, or
   3. the elector takes the prescribed oath 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; and (s.161 CEA)
4. the elector has not voted under the SVR at a service polling station.

(s. 143, 149, 161, 192 and 193 of the CEA and para 24 (b) of CFAO 99-9)

Methods to Take the Service Vote

Fixed polling station: polling station established at the unit.

Joint polling stations: if two or more units are in the same locality and it would be expedient that CF electors cast their ballots before one DRO

Mobile poll: if elector cannot conveniently reach the polling stations established at the elector's unit

Individual DRO: may be appropriate for remote locations and where few CF members are located

(ss.206, 207 CEA)

Members in Hospital

If DRO designated to take the vote of members in hospital and officer in charge of hospital approves, designated DRO may go from room to room.

If DRO is not designated to take the vote of members in hospital, the DRO appointed for the unit to whichthe hospital belongs may take the ballot of electors.

(s.217(2) (3) CEA)

CF Elector from Another Unit (Temporary Duty or Leave)

• CF elector on TD or leave may vote at any service polling station if the elector has proof that he is a qualified CF elector.
• COs should ensure that leave forms or travel claims have a notation showing the electoral district of the CF elector.
• Each LO will be provided with an alphabetical list of all CF electors and will be able to confirm, on request from a DRO, the name of the member's electoral district.

The name of an elector from another unit will not be recorded on your unit list of CF electors. To ascertain the electoral district:

1. Check member's documentation (i.e. annotated travel claims or leave form):
   1. check Guide to Federal Electoral Districts and Street Indexes
   2. if in doubt, call your LO to obtain the member's electoral district from the CF Alphabetical List (Reg Force)
2. Where a CF elector has no documentation or does not know his/her address and/or city as recorded on SOR:
   1. call your LO to obtain the member's electoral district from the Alpha list; or
   2. call the member's unit to check unit record for SOR and the member's electoral district

Incarcerated Elector

An incarcerated CF elector is entitled to vote.

At a service polling station if elector is in a detention barrack or service prison; or (this includes accused in pre-trial custody)
Before a DRO, if elector is in a civil correctional institution. Check with incarcerated CF elector to determine if he or she wants to vote.

(s.245, CEA)

List of Candidates for the 308 Electoral Districts

This list of candidates for each of the 308 electoral districts will be issued by CANELECTGEN message on or about 14 Apr 11.
N.B. The list of candidates for the 2011 election will also be posted on the JAG Website.

How to determine your CF elector's electoral district:
You can consult the Elections Canada Website, and on the front page enter the appropriate member's postal code for the address of the member's SOR, which should relate to your assigned electoral district; or
Use Street Indexes or Guide to Federal Electoral Districts

Preparation for Voting

1. Have the list of CF electors prepared by the unit, provided by CO (not ADM(HR Mil)/DHRIM list)
2. Obtain adequate voting material and other required supplies from LOs/SVRA, including sufficient quantities of postage stamps. You can use the "Unit Requirement of Election Material" form to order supplies.
3. Check the voting material, count ballot papers and return, via FAX the white copy of the supply distribution record (EC 78190 or Ref 78190) to SVRA in Ottawa
4. Keep ballots in secure place
5. Properly set up polling station to enable electors to vote in secret and ensure that EC large posters are affixed at the right locations (so that electors know where to vote)
6. Know the dates and time of your polling station - notice of election issued by CO - ensure notice has been posted and published in routine orders
7. Receive list of candidates and political parties - draw a heavy line above and below the list of candidates for each electoral district
8. Instructions Cards (at least two) (EC 78120) to be posted conspicuously in the polling station
9. Ensure that each CF elector will have access to:
   • Special Voting Rules (SVR) - Part 11 of the Canada Elections Act
   • Guide to Federal Electoral Districts (EC06508)
   • Street indexes
   • List of the names of candidates
   • Instructions Cards (EC78120) (s.210(1)(b) CEA)
10. Ensure there is a pen or sharpened pencil available to mark the ballot
11. Obtain postage stamps in sufficient quantity: (for CF electors who wish to mail their ballot themselves)
12. Prepare and check the polling station before opening time
13. If a representative of a political party is present, ensure that you receive a properly signed appointment form (EC78070). Make a copy of the form and annotate time period representative remains on premises. Retain the original form while representative is at the polling station and return original to representative upon his/her departure from premises

Prohibitions - Emblems, Flags, Campaign Literature

No person shall:

• post or display any campaign literature or other material in a polling place or in the exterior surface of a polling place
• while in a polling station, wear any emblem, flag, banner or other object that supports or opposes any candidate or registered party
• influence electors to vote or refrain from voting in a polling station

(s.166 CEA)

Service Polling Station Set up

How to physically arrange the polling station:

• DRO's table (DRO and assistant)
• representatives of political parties - different table but on either side or DRO's table so that they have a clear view of the proceedings
• polling booth (corner - away from the two tables)
• Instructions Cards (EC78120) to be posted in both official languages (at least two copies) – best location is at the polling booth(s)
• Dividers (Elections Canada should send dividers with voting material)
• decorum (quiet location)

Documentation Used to Take the Vote

• outer envelope, including at the back of the envelope the declaration signed by the elector
• inner envelope
• ballot paper
• list of names of candidates
• statement of ordinary residence, if required to be completed before voting (Res F members)

Federal Electoral Districts Representation Order of 2003

Prohibitions

No person shall:

• knowingly make a false statement in a declaration signed by him or her before a DRO;
• knowingly make a false declaration in the SOR completed by him or her;

No person, who has voted at an election, may request a second ballot at that election (unless the first ballot has been spoiled).

(s.281 CEA)

Prohibitions - Concerning Ballot Papers

No person shall:

• provide a ballot to a person unless authorized by law to do so
• have a ballot in his/her possession unless authorized by law to do so

No DRO shall write or mark on any ballot to be given to an elector (with the intent that the elector may be identified).

(s.167(1) & (3) CEA)

Example of the Instruction Card with Procedures for Casting Vote

• DRO requests that elector completes and signs outer envelope indicating correct electoral district in which elector will vote
• If no SOR, elector may complete one of the following :
  • EC78000/DND 406 - Regular Force/Civilian Teachers/Staff
  • EC78020/DND 407 - Reserve Force
    NOTE: Every Regular Force member must have an SOR form already completed.
• Ballot paper, inner and outer envelopes, and list of candidates to elector
• Write given names or initials and surname of candidate
• Elector seals all envelopes in presence of DRO
• Must be received by SVRA / Military Vote Coordinator no later than 18h00 on civilian polling day (2 May 2011)
• Postage paid
• Only one spoiled ballot allowed

Procedures for Casting Vote Case: When CF Elector's Name Only is Reflected on the List

DRO asks elector if he/she has completed an SOR -

1. if no, then must complete one before voting. Determine the electoral district of the elector by using the Guide to Federal Electoral Districts and the Street Indexes
2. if elector states that he/she has completed an SOR:
   • Ask someone in the elector unit's orderly room to find out the elector's current SOR and confirm the address/ electoral district reflected of the statement

Procedures for Casting Vote

1. Elector presents himself/herself at the polling station and gives his/her service number, rank, name and initials to DRO. DRO checks the elector's identification card (ID).
2. DRO checks if elector is on the list of CF electors.
   1. When elector's name is not on the list, follow procedure at p.15 of DRO Manual.
   2. When the elector's address and electoral district are not on the list, follow procedure at p. 14 of DRO Manual
3. When the elector' name is on the list, DRO writes the assigned electoral district on the back of the outer envelope.
   • when elector's name is not on the list, record, at the end of the unit list, the service number, rank, surname, initials, unit, and the electoral district of the elector.
4. DRO records the elector's electoral district and the appropriate code for the electoral district. Asks elector to read the back of the outer envelope, to complete (name - John Smith - unit must be identified with location where deployed e.g. 1 PPCLI/TFA Battle Group, Afghanistan) sign and date the outer envelope before him/her. (The date confirms that elector voted within the service voting period).
5. DRO ensures that electoral district recorded on list of CF electors and outer envelope matches and that elector's name is struck from the list.
6. DRO ensures that elector's signature and date appear on the outer envelope (IMPORTANT NOTE: If signature is missing, or if the electoral district cannot be ascertained or that the correct electoral district of the elector cannot be ascertained, the ballot will not be counted (s.267(1)(b) (c))
7. DRO hands the elector a ballot paper, an inner envelope, the outer envelope bearing the signature of the elector and the list of confirmed candidates
8. The list of candidates must be turned to the pages corresponding to the elector's electoral district.
9. The DRO informs the elector that he/she must write on the ballot, the given name(s) or initials and surname of the candidate of his/her choice
   • if two or more candidates have the same name, the elector must also write the political party or the word "independent", as the case may be.
10. The DRO informs the elector that if the elector votes for a political party only, the vote will be rejected.
11. The elector then goes to a separate table (with Elections Canada Voting Screen - cardboard) to mark and fold the ballot paper
12. If elector has inadvertently spoiled the ballot:
    • DRO marks the returned ballot paper as spoiled, without unfolding it, and places it in the Spoiled Ballot Papers Envelope (EC 78270)
    • DRO hands another ballot paper to the elector
      N.B.: Only one other ballot may be given to the elector after a ballot paper has been spoiled (s.213(5) CEA)
13. The elector returns to the DRO's table and, in plain view of the DRO, the elector must:
    • insert the folded ballot paper into the inner envelope
    • seal the inner envelope
    • insert the inner envelope into the outer envelope
    • seal and hand you the outer envelope
14. DRO informs the elector where to deposit the envelope which you will send to the SVRA in Ottawa, following arrangements made by your unit's CO.
15. DRO informs the elector that he/she may mail the envelope personally. DRO must provide postage and advise the elector:
    1. that in order to be counted, the outer envelope must be received by the SVRA in Ottawa no later than 1800 hours on civilian polling day (2 May 2011)
    2. of the nearest post office or mail box.
16. 1. DRO arranges to return outer envelopes by priority post, courier or other means as often as practicable and not in bulk at the end of the service voting period
    2. Confirm the number of completed outer envelopes to your LO by fax
    3. Complete a DND 728 Form to confirm what you are sending to SVRA

Financial Administration

Cost Recovery Policy: DFASO Financial Instruction

Reporting Requirements: DROs and LOs must ensure cost recovery reports are submitted to the Fin Clerk (MCpl M. Pelletier), HQ Voting Area Central, Ottawa, through the LO of your voting area, no later than 19 May 11.

Political Activities by CF Members - Restrictions

Prohibited activities:

• No member of the Regular Force shall:
  1. take an active part in the affairs of a political organization or party;
  2. make a political speech to electors, or announce himself or allow himself to be announced as a candidate, or prospective candidate, for election to the Parliament of Canada or a provincial legislature; or
  3. except with the permission of the Chief of Defence Staff (CDS), accept an office in a municipal corporation or other local government body or allow himself to be nominated for election to such office.
     (QR&O 19.44(7))
• No officer or non-commissioned member shall organize or take part in a political meeting on a defence establishment

Political Neutrality - Canadian Forces And CF Members

CF members shall ensure at any time that their acts and conduct do not affect the actual or perceived neutrality of the CF. (para. 7 of CFAO 99-9)

Osborne v. The Treasury Board – Supreme Court of Canada – 1991 ruling

• reiterated the requirement of having an impartial Public Service
• Public Service employees must be able to perform their duties with impartiality

Political Activities by Canadian Forces Members

Activities permitted:

• attend and vote at a political meetings and conventions, while not in uniform
• register and vote at elections
• be a member of a political party
• make contributions to a political party or to a candidate's election campaign fund
• display political signs, except in areas owned, occupied or controlled by DND or the CF

Potential Questions

• Non-validated SOR
• CF elector on leave who does not know his electoral district/with no leave pass
• Amendment to SOR (Regular Force) and new SOR (Reserve Force)
• Elector says the list is wrong
• Preparation of lists per unit
• SOR for teachers and school administrative staff

Contact Names/Numbers - HQ Ottawa - Central Voting Area/SVRA Elections Canada and DND Coord SVR

2. Voting HQ Edmonton

3. Voting HQ Halifax

4. Voting HQ CFSU(E) Geilenkirchen (Germany)

5. Voting HQ Washington