tion, truthfully make, and, instead of such statements, the fol- day of of which this polling division is a part, continuously from the 153. Except in the provinces of Saskatchewan and Alberta Oath by and the Yukon Territory, an elector, if required by the deputy elector. returning officer, the poll clerk, one of the candidates, or an agent of a candidate, or by any elector present, shall, before receiving his ballot paper, take such oath of qualification as by the law of the province he may in the like case at a provincial election be required to take, such changes having been made in the form of oath as are necessary to make it applicable to the election being held, and shall also, if so required, take the oath in form Y. 63-64 V., c. 12, s. 65; 1 E. VII., c. 16, s. 1. P. E I. 154. In the province of Prince Edward Island, an elector, Caths, etc., if required by the deputy returning officer, the poll clerk, one of the candidates, or an agent of a candidate, or by any elector present, shall, before receiving his ballot paper, answer such questions and produce such certificate or receipt, or, in case such certificate or receipt cannot be produced, take the oath in such cases prescribed, and take such other oath of qualification as by the law of the province he may, in the like case, at a provincial election, be required to answer, produce, or take, such changes having been made in the form of oaths as are necessary to make them applicable to the election being held. 63-64 V., c. 12, s. 66. P. E. I. 155. In the province of Prince Edward Island, if any per Objections to son desires to vote whose right to vote is objected to on the voters, in ground of want of qualification, and if a candidate, or any agent of a candidate, or, in the absence of such agent, any elector acting in the interest of a candidate, so objects in the presence of the elector, the deputy returning officer, in addition to placing his initials on the back of the ballot paper, as provided by this Act, shall also place on the back thereof a number corresponding to that placed opposite the voter's name in the poll book; and such person having taken, if required, the oaths prescribed by this Act and the laws of the province, and having otherwise com Voter refusing oath not entitled to vote. Qualification of voters absent on military service. Oath of such voter. If such voter's name plied with the requirements of the law, shall be entitled to receive such ballot paper and to vote. 63-64 V., c. 12, s. 67. 156. Except in the provinces of Saskatchewan and Alberta and the Yukon Territory, no voter who has refused to take the cath or affirmation, or to answer questions or produce evidence as to qualification as by this Act required, or to take the oath in form Y, when required to do so, shall receive a ballot paper or be admitted to vote. 63-64 V., c. 13, s. 68; 1 E. VII., c. 16, s. 1; 2 E. VII., c. 37, s. 55. 157. Notwithstanding anything contained in any Act of Parliament or in any Act of a provincial legislature, no person otherwise qualified to vote at an election of a member to serve in the House of Commons shall be incompetent to vote at such election by reason only of his having been absent from the electoral district in which such election is held, on account of his serving with or being attached to any corps despatched from Canada for military service, or performing military service within Canada, whether as an officer, a non-commissioned officer or a private, or in any other capacity, or while serving His Majesty in any military capacity, or acting as a war correspondent in connection with any war in which a Canadian contingent is serving. 63-64 V., c. 12, s. 69. 158. From any oath which any person tendering his vote at such an election may be required to take, there shall, in the case of any person within the meaning of the preceding section, be omitted any statements as to residence which such person cannot by reason of such absence as aforesaid truthfully make, and there may be added to any such oath one of the following paragraphs: known as That you served with (or were attached to) the corps as (an officer, non-commissioned officer or private, or otherwise, as the case may be),—or That you served His Majesty in connection with the war in a military capacity as 6 That in connection with the as a war correspondent -or war you acted and that you were in consequence absent from this electoral district from the day of day of 1963-C4 V., c. 12, s. 69. to the 159. If the name of any such person is not upon the list of voters, and it might have been put thereon had he not been so absent, such person shall nevertheless be entitled to vote upon his offering to take, and taking, if so requested, before the deputy returning officer or other person in charge of the polling station, any oath he might otherwise have been required to take, omitting statements therein as to his name being upon the list which he cannot by reason of such absence truthfully make, and one of the paragraphs prescribed in the last preceding section being added thereto as well as the following paragraph: the That you were qualified to have your name upon list of voters at the time such list was prepared, except for the fact of your absence from Canada as aforesaid.' 63-64 V., c. 12, s. 69. Manner of Voting. to be initialled and 160. The votes shall be given by ballot, and each elector Ballot paper who is entitled to vote shall receive from the deputy returning officer a ballot paper, on the back of which such deputy return- numbered. ing officer has previously put his initials, so placed, as indicated in form T, that when the ballot is folded they can be seen without opening it, and on the back of the counterfoil of which he has placed a number corresponding to that placed opposite the voter's name in the poll book. 1 E. VII., c. 16, s. 7. 161. The deputy returning officer shall instruct the elector Instructions how and where to affix his mark, and how to fold his ballot to elector on receiving paper, but without inquiring or seeing for whom the elector ballot paper. intends to vote, except in the case herein provided for of any voter who is unable to read, or is incapacitated by blindness or any physical cause, from voting in the manner prescribed by this Act. 63-64 V., c. 12, s. 71. marking 162. The elector, on receiving the ballot paper, shall forth Mode of with proceed into one of the compartments of the polling station, voting and and there mark his ballot paper, making a cross with a black ballot. lead pencil within the white space containing the name of the candidate, or of each of the candidates for whom he intends to vote, and shall then fold up the ballot paper so that the initials and stamp on the back of it and the number on the counterfoil can be seen without opening it, and hand it to the deputy returning officer, who shall, without unfolding it, ascertain, by examining his initials and the stamp and the number on the counterfoil, that it is the same paper he furnished to the elector, and shall then, in full view of all present, including the elector, remove the counterfoil and destroy it and place the ballot paper in the ballot box, which box shall be placed on the table in full view of all present. 63-64 V., c. 12, s. 72. 163. A voter who has inadvertently dealt with the ballot Elector spoilpaper given him in such manner that it cannot conveniently being his ballot used shall return it to the deputy returning officer who shall 93 paper. deface Elector in whose name another has already voted. Ballot paper initialled and numbered. Entry in poll book. Voter unable to mark his Part III. deface it and deliver the voter another ballot paper in its place. 63-64 V., c. 12, s. 73. 164. If a person representing himself to be a particular elector applies for a ballot paper after another person has voted as such elector, he shall be entitled to receive a ballot paper and to vote after taking the oath,— (a) in form AA, if his name is on the list of voters; (b) in form X, if his name is not on the list of voters; or, (d) otherwise establishing his identity to the satisfaction of 63-64 V., c. 12, s. 74. 165. In such case, the deputy returning officer shall put on the back of the ballot paper his initials together with a number corresponding to the number entered on the poll book opposite the name of such voter. 2. The name of such voter shall be entered in the poll book and a note shall be made of his having voted on a second ballot paper issued under the same name, and of the fact of the oath of qualification having been required and taken, as well as of any objections made on behalf of any and which of the candidates. 63-64 V., c. 12, s. 74. 166. The deputy returning officer, on the application of any ballot paper. voter who is unable to read or is incapacitated by blindness or other physical cause from voting in the manner prescribed by this Act, shall assist such voter by, Oath of voter. Entry in noll book. Interpreter to be sworn in certain cases. (a) marking his ballot paper in the manner directed by such voter, in the presence of the sworn agents of the candidates, or of the sworn electors representing the candidates in the polling station, and of no other person; and, (b) placing such ballot in the ballot box. 2. The deputy returning officer shall require the voter making such application, before voting, to make oath in form BB of his incapacity to vote without assistance. 63-64 V., c. 12, s. 75. 167. Whenever any voter has had his ballot paper marked as provided in the next preceding section, the deputy returning officer shall enter in the poll book opposite the voter's name in addition to any other requisite entry, the reason why such ballot paper was marked by him. 63-64 V., c. 12, s. 75. 168. Whenever the deputy returning officer does not understand the language spoken by any such elector claiming to vote, he shall swear an interpreter, who shall be the means of communication between him and such elector with reference to all matters required to enable such elector to vote, and in case no interpreter 94 interpreter is found, such elector shall not be allowed to vote. If the inter63-64 V., c. 12, s. 75. preter cannot be found. voting. 169. Every elector shall vote without undue delay, and No delay in shall quit the polling station so soon as his ballot paper has been put into the ballot box. 63-64 V., c. 12, s. 76. than once in same elec 170. No person shall vote more than once in the same elec- Voting more toral district at the same election, but each elector may vote for as many candidates as are required to be elected to represent toral district the electoral district for which the election is held. 63-64 V., prohibited. c. 12, s. 77. poll book. 171. The poll clerk shall enter in the poll book to be kept Entries in by him as aforesaid, opposite the name of each elector voting, the word Voted, as soon as his ballot paper has been deposited in the ballot box, and he shall enter in the same book the word Sworn or Affirmed opposite the name of each elector to whom the oath or affirmation as to qualification has been administered, and the words Refused to be sworn or Refused to affirm or Refused to answer opposite the name of each elector who has refused to take any oath or to affirm, when he has been legally required so to do, or has refused to answer questions which he has been legally required to answer, and, in Prince Edward Island, the words Objected to opposite the name of persons voting, whose right has been objected to on the ground of want of qualification. 2. The poll clerk shall also enter in the poll book the words Idem. Provincial disqualifications oath taken opposite the name of each elector to whom the oath in form X has been administered, and the words Refused to take provincial disqualifications oath opposite the name of each such elector who has refused to take that oath. 63-64 V., c. 12, s. 78. Counting of the Vote. deputy officers. 172. Immediately after the close of the poll, the deputy Counting returning officer shall first place all the spoiled ballots in an votes by envelope and seal it up, and shall then count the number of returning voters whose names appear on the poll book as having voted, and make an entry thereof on the line immediately below the name of the voter who voted last, thus:-The number of voters who voted at this election in this polling division is (stating the number), and he shall sign his name thereto; then, in the presence of and in full view of the poll clerk and the candidates or their agents, and, if the candidates and their agents or any of them are absent, then in the presence of such, if any, of them as are present, and of at least three electors, he 95 shall |