ELECTION DAY MANUAL FOR LIBERAL PARTY OF CANADA …

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ELECTION DAY MANUAL FOR LIBERAL PARTY OF CANADA

VOLUNTEER COMPLIANCE & REGULATORY TEAM – 2019

FINAL VERSION DATED October 2, 2019

Contents

1. INTRODUCTION ................................................................................................................................................................. 4

2. ABOUT THIS MANUAL ..................................................................................................................................................... 5

3. GLOSSARY OF TERMS ...................................................................................................................................................... 5

4. SUMMARY OF POLL WORKER FUNCTIONS .......................................................................................................... 8

5. BEFORE E-DAY: YOUR PREPARATION..................................................................................................................... 9

6. OVERVIEW OF VOTING PROCEDURES AT ORDINARY POLLS ON E-DAY ............................................... 9

7. CHALLENGING IRREGULARITIES AT ORDINARY POLLS ...............................................................................10

7.1 Less Serious Incidents at the Polls .............................................................................................................................10

7.2 Serious Incidents at the Polls.......................................................................................................................................11

8. DETAILED PROCEEDINGS AT ORDINARY POLLS ............................................................................................12

8.1 What You Need to Get Started ...................................................................................................................................12

8.2 Authorization Procedures for Scrutineers .............................................................................................................12

8.3 Maximum Number of Scrutineers at Polling Stations.........................................................................................13

8.4 Opening of the Polls ........................................................................................................................................................13

8.5 Your Role at the Opening of the Polls ......................................................................................................................14

9. VOTER REGISTRATION AT THE POLLS ........................................................................................................................14

9.1 Voters Already Registered ...........................................................................................................................................15

a) Identification ..........................................................................................................................................................15

b) Questions about Addresses ..............................................................................................................................16

c) Transfer Certificates ...........................................................................................................................................16

d) Situations Where Prescribed Solemn Declaration May be Requested/Required .........................17

e) Requests for a Solemn Declaration ................................................................................................................17

f) Requirements for Solemn Declaration – Sections 147 & 148 of the Act ...........................................18

g) Refusal to Make a Solemn Declaration .........................................................................................................18

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h) Scrutineers for Opposing Parties ....................................................................................................................18

9.2 Voters Registering on E-Day .......................................................................................................................................18

10. SCRUTINEER GUIDELINES ..............................................................................................................................................19

10.1 What scrutineers & candidates have a right to do at polling stations ........................................................19

a) List of Electors and Voter Identification .......................................................................................................19

b) Possible Challenges by Scrutineers ................................................................................................................20

c) Use of Cell Phones ................................................................................................................................................20

10.2 What scrutineers & candidates are prohibited from doing at polling stations ...............................21

11. BINGO SHEETS ...............................................................................................................................................................22

12. E-DAY PROHIBITIONS ...............................................................................................................................................22

12.1 Blackout on Election Advertising on E-Day .........................................................................................................22

12.2 Loudspeakers, Posting & Displaying Partisan Material at Polling Place, & Wearing of Emblems ....23

a) Loudspeakers or Public Address Systems ....................................................................................................23

b) Posting and Displaying Partisan Material at Polling Places ...................................................................23

c) What Not to Wear ................................................................................................................................................24

13. COUNTING OF THE BALLOTS ................................................................................................................................24

13.1 DRO Responsibilities at the Count .........................................................................................................................24

13.2 Role of Scrutineers at the Count .............................................................................................................................24

13.3 Envelopes at the Count ...............................................................................................................................................25

14. FREQUENTLY ASKED QUESTIONS ON E-DAY ................................................................................................26

Q: Is campaigning allowed on E-Day? ..............................................................................................................................26

a) Going Door to Door & Information about Polling Stations ....................................................................26

b) Phoning Voters ......................................................................................................................................................26

Q: Is the media allowed at the polling stations? ...........................................................................................................26

Q: Are voters allowed time off from work to vote? .....................................................................................................26

Q: Do polling stations have to be accessible? ................................................................................................................27

Q: Are there special provisions in the Act to accommodate voters who have a disability or cannot read?

.......................................................................................................................................................................................................28

Q: Can a campaign give voters a ride to the polls? ......................................................................................................28

Q. Will voters whose faces are covered, e.g., with a niqab or burka, be required to remove the covering

in order to be able to vote? ..................................................................................................................................................28

Q: Can voters be turned away from a polling station at closing time? Can polling hours be extended? ..29

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Q: How does a campaign file a complaint? .....................................................................................................................29

Q: Can a voter arrange for a home visit? .........................................................................................................................29

Q: ID information for transgender voters ......................................................................................................................29

Appendices Appendix A: Relevant Provisions from Canada Elections Act Appendix B: List of Voter ID Authorized by the Chief Electoral Officer Appendix C: Sample Ballot (43rd GE) Appendix D: Acceptable Ballot Examples Appendix E: Spoiled Ballot Examples Appendix F: Blank Disputed Ballot Sheet Appendix G: Incident Report Form Appendix H: Flow Chart for Escalating Issues Appendix I: Authorization of Candidate’s Representative (EC 20020) Appendix J: Polling Station Floor Plans Appendix K: Candidate’s Building Access Letter from Chief Electoral Officer Appendix L: Sequence Number Sheet (EC 50111) (i.e. the “Bingo Sheet”)

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1. INTRODUCTION As a compliance and regulatory volunteer for the Liberal Party of Canada (the “LPC”) on Election Day (“E-Day”),1 you may be a volunteer on a local campaign or you may be volunteering on a number of campaigns across a province/territory or a region. Regardless of how many campaigns you are assisting, your role will be to support and advise a group of volunteers looking to you for compliance and regulatory support. These volunteers may turn to you for guidance on a wide range of issues, such as polling stations that fail to open on time, E-Day officials who fail to fulfill their duties, or voter suppression tactics by opposing parties. This manual is designed to prepare to provide practical, real-time advice. Another important aspect of your role will be to ensure that any irregularities at the polls are identified quickly and properly documented to support any complaints that may be filed by the National Office. Such complaints may be filed with:

⮚ The Office of the Chief Electoral Officer of Canada (“Elections Canada” or “EC”) – reviews complaints about the administration of the election (e.g., complaints about services to voters or how the election is run);

⮚ The Office of the Commissioner of Canada Elections (the “Commissioner’s Office”) – reviews complaints about alleged violations of the Canada Elections Act (the “Act”) (e.g., voter fraud); and

⮚ The Canadian Radio-Television & Telecommunications Commission (“CRTC”) – reviews complaints related to phoning voters, including the complaints about non-compliance with the Unsolicited Telecommunications Rules, automated calls (“robocalls”), and the Voter Contact Registry.2

The administrative functions of the offices of the Chief Electoral Officer of Canada (CEO) and that of the Commissioner of Canada Elections have been legally reintegrated.3 The Chief Electoral Officer is responsible for the administration of elections, while the Commissioner’s Office ensures compliance with and enforcement of the Act. The integration of these two offices is meant to facilitate better communication and information sharing; however, these offices still operate independently in pursuit of their respective mandates. Specifically, the Act requires that the Commissioner’s Office, with respect to the enforcement of the Act, make decisions or take action independently of the CEO. If there is a serious incident at the polls on E-Day that you feel needs to be escalated to EC or to the Commissioner’s Office, you will need to contact your regional lead and, possibly, the LPC National Office. The LPC National team based in Ottawa will have access to a direct “lawyer to lawyer” hotline with Elections Canada.

1 Some of you may also be providing assistance for the advance polls. The rules for voting (e.g., ID requirements) are the same as for ordinary polls. 2 More information on rules for phoning voters during an election can be found under “Phoning Voters” in the “FAQ” section of this Manual. 3 The transfer of the Commissioner of Canada Elections to the Office of the Chief Electoral Officer took place on April 1, 2019.

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2. ABOUT THIS MANUAL This Manual provides background information to assist you in providing advice on E-Day. It reviews key provisions of the Act related to the procedures at ordinary polls on E-Day and sets out those critical points upon which local campaigns may seek your advice. The Appendices provide important additional resources, such as a sample incident report form for recording your own notes about any issues that arise on E-Day. Any complaints filed will need to be supported by adequate documentation. Please ensure you keep careful records of any incidents for purposes of follow-up with Returning Officers or EC and encourage local volunteers to do the same. Where possible, documentation should include evidence (e.g., a recording of a misleading robocall, detailed notes on an issue at the polls, etc.).

3. GLOSSARY OF TERMS What follows are some commonly used terms in this E-Day Manual. Advance Polls: Voters can vote at the advance polls, which will be held Friday, October 11 through Monday, October 14, 2019 (inclusive) from 9:00 a.m. until 9:00 p.m. (local time).4 Sequence Number Sheet (EC 50111) (the “Bingo Sheet”): This is the sheet listing the voter numbers assigned to all voters at a polling station. It excludes those who registered at the polling place on the day of. As voters vote, the Poll Clerk marks the number corresponding to each voter. These sheets must be prepared by the Poll Clerk and will be provided to scrutineers every hour on request. Candidates’ Representatives (“scrutineers”):5 The primary role of candidates’ representatives (commonly known as scrutineers and referred to as such in this Manual) is to observe the election proceedings and provide the level of scrutiny needed for a fair and transparent voting process. Central Polling Place: A polling place where there is more than one polling station. Electoral District (“ED”): A geographical area represented by a Member of Parliament, often called a riding. There are 338 EDs in this General Election.

4 Advance poll voting hours have been extended for the 43rd General Election to twelve (12) hours each day for the four days of advance polls. 5 See more on scrutineers at section 10 of this Manual, “Scrutineer Guidelines”.

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External Service Point (“ESP”) ESPs are Elections Canada offices located on post-secondary institution campuses across Canada. The ESP program provides students and other electors with the possibility to vote by special ballot. ESPs are managed by an Additional Assistant Returning Officer (AARO). The “Vote on Campus” program takes place from Saturday, October 5 to Wednesday, October 9, 2019 at over 115 campuses across Canada. Students can register and vote at these locations. Voting at some locations is open up to 12 hours per day (voting hours vary by location). Identification to Vote: Voters must provide accepted proof of identity (i.e., who they are) and address (i.e., where they live) to vote. Many voters can prove their identity and address easily with a single piece of ID — usually a driver’s license. However, there are 3 options for voters to prove their identity and address:

1.) Show one piece of government-issued ID including photo, name, and current address (e.g., driver’s license or provincial or territorial ID card);

2.) Show two pieces of ID, at least one of which contains current address (e.g., combination of health card, Canadian passport, citizenship card, Indian status card, bank statement, residential lease, utility bill, cell phone bill, correspondence issued by a school, college or university, or Voter Information Card).6

3.) Vouching: A voter without ID can still cast a ballot if: they declare their identity and address in writing; and they have someone assigned to the same polling station who knows them and can vouch for them. The voucher must be able to prove their own identity and address (i.e., the voucher must have shown proper ID under option 1 or 2). A voucher may only vouch for one other person (except in the case of residents of long-term institutions).

See section 9.1 of this Manual “Voters Already Registered” for more information about identification. List of Electors: The list of names and addresses of voters that is used at a polling station when people vote (also referred to as the “voters list”). Mobile Poll: A poll staffed by a Deputy Returning Officer and a Poll Clerk who travel on E-Day from institution to institution where seniors or persons with disabilities reside to take their votes. It is otherwise subject to the same rules as any other polling place. Mobile polls serve between 10-150 electors. Generally, these ballots are counted at the returning office with the advanced polls – section 125 of the Act. Ordinary Poll: The regular polling places on Election Day (as opposed to advance or mobile polls). Polling Place: The building where electors go to cast their ballots. In law, this is now called the “polling station”. Polling places are usually churches, schools, community centres, or other public buildings.

6 For the 2019 general election, the Voter Information Card (VIC) is acceptable as a piece of identification under option 2. The

VIC must always be accompanied by a second piece of ID. Voter information cards are mailed to electors listed on the National Register of Electors about two weeks before E-Day.

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Rejected Ballot: This is a ballot rejected during the counting process for reasons including the fact that the ballot has been marked in more than one circle to the right of candidates’ names or the ballot has not been supplied by the DRO - section 284 of the Act. Robocalls: Otherwise known as “Automatic Dialing-Announcing Device” or “ADAD” calls. These are telephone calls made with any automatic equipment that incorporates the capability of storing or producing telephone numbers to convey a pre-recorded or synthesized voice message to a telephone number. These calls are also referred to as “voice drops”. Special Ballot: An elector who cannot or does not wish to vote at a polling station during the election may vote using a special ballot. With a special ballot, an elector can vote by mail or in person at any returning office. With the exception of Canadian Forces electors and incarcerated electors, electors wishing to vote by special ballot must register by completing an Application for Registration and Special Ballot form no later than 6:00 p.m. on Tuesday, October 15. An elector who votes by special ballot will receive a blank ballot in which they will write in the name of their chosen candidate.

An elector voting by special ballot outside the ED of their ordinary residence must ensure their completed ballot arrives at Elections Canada in Ottawa no later than 6:00 p.m. (EST) on polling day.

In the case of an elector voting in their own ED, the elector must ensure that the Returning Officer for that district receives the completed ballot before the close of the polls in the ED on E-Day.

Spoiled Ballot: This is a misprinted ballot or one marked by a voter in error, returned to the DRO prior to being placed in the ballot box, and replaced. It will count in the total number of ballots issued, but not as a ballot cast when the final tally is made. Voter Information Card (“VIC”): Registered voters will receive a VIC in the mail about two weeks before E-Day. The VIC includes the voter’s name and address, information on voting location, hours for E-day, advance polls, and polling station accessibility information. Note that, for the 43rd General Election, the VIC is acceptable as a piece of identification under option 2 of the ID rules. The VIC must always be accompanied by a second piece of ID. Vouching: If an eligible voter does not have adequate ID to prove their name and address, another eligible voter from the same polling station may vouch for them. The voucher must be able to prove their name and address. A voucher can only vouch for one person (except in the case of employees at long-term care institutions, who may vouch for multiple residents).

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4. SUMMARY OF POLL WORKER FUNCTIONS The following is a list of the Elections Canada workers (called election officers) you may have contact with during the election. Returning Officer (“RO”): The RO’s mandate is to conduct the federal election in their electoral district (“ED”) in accordance with the Act and the instructions of the Chief Electoral Officer (“CEO”). The RO sets up an office in the ED and hires and supervises all of the staff, including Central Poll Supervisors, Deputy Returning Officers, and Poll Clerks. The RO will generally be stationed at the local returning office on E-Day. Assistant Returning Officer: Assists the RO in their duties and directs the work of election officers and staff. Additional Assistant Returning Officer (“AARO”): May be appointed to assist the RO and manage an additional office in a designated area of the electoral district during the election. An AARO may be appointed where the geographic size of the electoral district or the needs of electors warrants it. AARO offices on campuses are called “External Service Points” to facilitate voting by special ballot at post-secondary institutions. Central Poll Supervisor (“CPS”): The RO’s representative at a central polling place with 4 or more polling stations. The CPS supervises election officers, including Deputy Returning Officers and Poll Clerks. Central Poll Supervisors, where they have been appointed by ROs, are the main points of contact with candidates and scrutineers on E-Day. Deputy Returning Officer (“DRO”): The DRO makes sure their assigned polling station opens and closes on time, ensures electors provide satisfactory proof of identity before voting, and hands the ballot to the elector. The DRO also counts the ballots and certifies the results. The DRO makes decisions at the polling station including about a person’s eligibility to vote and the removal of any partisan materials. The DRO is the point of contact for scrutineers on E-Day and ensures scrutineers follow EC guidelines. Poll Clerk: The election officer who assists the DRO at the polling station by, for example, helping to set up the polling station, preparing forms, maintaining records, keeping track of the electors who have voted, and assisting with the counting of the ballots. The poll clerk verifies that the elector's name appears on the list of electors and that their information matches the ID provided. The poll clerk will generally be the person providing bingo sheets to the scrutineers throughout E-Day. Information Officer: The Information Officer directs electors to their polling station or the registration desk. They remind electors to have their ID ready to present and assist with the orderly flow of people in the polling station.

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Scrutineers should speak with the Information Officer at the polling place for instructions on how to collect the bingo sheets prepared by Poll Clerks throughout the day. Registration Officer: The Registration Officer administers the registration desk and receives electors who wish to register to vote on the day of. They verify each registrant's personal identification and residence information.

5. BEFORE E-DAY: YOUR PREPARATION

✓ Review the relevant sections of the Act attached at Appendix A. The full text of the Act can be found at: https://laws-lois.justice.gc.ca/eng/acts/e-2.01/index.html

✓ Cast your own vote at an advance poll or by special ballot so that you are available on E-Day. ✓ Contact the Campaign Manager and/or E-Day Chair for the campaign(s) you are assisting. For

first-time volunteers, discuss your role with someone experienced (e.g., the Campaign Manager or E-Day Chair).

✓ Obtain contact information for the local Returning Officer in case you need to contact them directly on E-Day. Where possible, arrange to meet the local Returning Officer and their Deputy prior to E-Day to establish a positive contact.

✓ Work with the campaign E-Day Chair to ensure scrutineers are well trained and understand the importance of recording of any irregularities they witness on E-Day. Make sure scrutineers know how to reach you by phone if they need assistance.

✓ Where feasible, speak to the E-Day Chair about participating in the training sessions for scrutineers so that you can review key issues with them (e.g., voter identification and registration, procedures for dealing with questionable ballots during the count, etc.).

✓ Scrutineers’ poll kits should include: o Several pages for taking notes of anything they see at polls that gives them cause for

concern. o Blank disputed ballot sheets for the count (which can be found at Appendix F of this

Manual). These ballot sheets should be used to replicate ballots disputed by anyone at the count. If a recount is necessary, the completed disputed ballot sheets will be critical. Note that the Act requires that the DRO provide tally sheets to all those at the count who request such sheets - section 283(2) of the Act.

6. OVERVIEW OF VOTING PROCEDURES AT ORDINARY POLLS ON E-DAY It is useful to understand how EC has set up the process at polling places for E-Day. Below is a summary of what you can expect to see. Sample for plans for polling locations are found in Appendix J. Note that the exact process will vary depending on the size of the polling place and staffing numbers.

✓ The elector arrives at the polling place. ✓ The elector is greeted by an Information Officer, who will examine the voter’s VIC (if they have

one) to ensure they are at the right polling place. The Information Officer will ask the voter if they have proper ID and will explain the ID requirements if needed. The Information Officer will determine if the voter is already registered to vote or whether they still need to register and direct them as appropriate.

https://laws-lois.justice.gc.ca/eng/acts/e-2.01/index.html

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✓ If the voter is registered and has proper ID, they will be directed to the polling station. There, the DRO, assisted by Poll Clerks, will verify their ID, check against the list of electors, and issue a ballot to the elector. The DRO will initial the back of the ballot before it is given to the voter.

✓ If the voter is not registered, they will be directed to the Registration Desk, where a Registration Officer will help complete their voter registration as outlined in section 161(1)(a) (if the voter has ID) or 161(1)(b) (if the voter does not have ID but is accompanied by someone that is qualified to vouch for them) of the Act. The Registration Officer will complete a Registration Certificate and add voters to the voters list.

o If a voter has questions about the information being given by the Registration Officer, they should ask to speak with the DRO.

o Following registration, the voter will be directed to the polling station to vote. ✓ In larger polling places, a Central Poll Supervisor will act as a liaison with the Returning Officer,

serve as the point of contact for scrutineers and help redirect voters who have come to the wrong polling place.

✓ Under the Act, Returning Officers are responsible, under the general direction of the CEO, for the preparation and conduct of an election in their respective EDs – section 24(2) of the Act. They have the authority to overrule decisions of DROs and Central Poll Supervisors.

✓ The decisions of the Central Poll Supervisor, where there is one, and of DROs, will prevail unless overruled later by the RO or by a judge.

7. CHALLENGING IRREGULARITIES AT ORDINARY POLLS

To the extent possible, local campaigns, usually through their scrutineers, should deal at the local level with irregularities or possible violations of the Act taking place at polling places. Those campaigns should be asserting rights under the Act and raising objections with DROs or with Central Poll Supervisors as required. It is critical that scrutineers keep careful notes of any irregularities/possible violations of the Act in the event that these need to be escalated (to ROs or to EC, where applicable) and complaints later filed. Reporting Incidents An incident report form, at Appendix G of this Manual, should be used by scrutineers to document irregularities/possible violations. The report form can either be filled out online by volunteers (at my.liberal.ca/campaign/incident-report) OR a copy of the report/your own notes can be emailed to your regional contact or the LPC National Office.

7.1 Less Serious Incidents at the Polls

Less serious incidents should be dealt with by scrutineers for local campaigns by speaking directly with DROs and Central Poll Supervisors to try to resolve issues. Such incidents include:

● Scrutineers putting up signage on the inside/outside of a polling place. ● Scrutineers wearing clothes with their party colors inside the polling place. ● Scrutineers talking with voters. ● DROs refusing to accept a piece of ID that is on the list of Chief Electoral Officer authorized ID. ● Failure by DRO to initial ballots.

http://www.my.liberal.ca/campaign/incident-report

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If scrutineers are unsure of what to do or need assistance in resolving an issue at the polls, the local campaign compliance and regulatory volunteer can intervene. Generally, as a compliance and regulatory volunteer, you will be called upon to:

● Respond to requests for advice on specific questions related to the conduct of the vote (e.g., what identification documents are acceptable under the Act);

● Troubleshoot/advocate on behalf of campaigns and visit polling locations where needed; and ● Clarify issues identified by scrutineers that may need to be addressed centrally by the team in the

National Office. If you need guidance, please contact your regional lead or the National Office.

7.2 Serious Incidents at the Polls

There may be more serious incidents at the polls where compliance and regulatory volunteers are contacted for advice or possible intervention. Such incidents include:

● Polling stations that do not open on time. ● Systematic requests by an opposing party’s scrutineers to challenge voting eligibility. ● Attempts to slow down the voting line or disenfranchise people.

o An example of this from a past election is opposing scrutineers standing outside polling locations telling voters that they need a passport to vote, photographing voters, or otherwise trying to discourage them from participating.

● The presence of privately-hired security not associated with Elections Canada or the polling place. ● Election officials who fail to carry out their responsibilities under the Act (e.g., DROs or CPSs

accepting ID from voters that is not valid under the Act.) ● Widespread voter suppression through the use of, for example, robocalls misdirecting voters to

the wrong polling station or claiming that the polling station has been closed due to an emergency.

If serious incidents are brought to your attention, you should advise the RO. You should also contact the National Office so that the issue may be raised directly with EC. EC can take appropriate action, for example, by making a public announcement correcting misinformation that may have been given to voters. Once again, it is important that any such issues be properly documented. Cases of voter suppression should be reported to the Commissioner’s Office in addition to EC. The National Office will file such a report, based on information received from you or your regional lead. If you are at all uncertain, at any time, on how to advise a campaign or what action to take, feel free to contact your regional lead or the National Office.

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8. DETAILED PROCEEDINGS AT ORDINARY POLLS

8.1 What You Need to Get Started

Have your cell phone with you at all times and fully charged. Bring backup chargers if you can.

Note that cell phones or tablets (referred to in the Act as “communications devices”) may be used for certain purposes at polling stations. A scrutineer will be able to use their phone, for instance to contact the RO, from the polling station. However, use of communication devices must not impede any elector from exercising their right to vote or violate the secrecy of the vote - section 136(4) of the Act.

Depending on your availability, you may be asked to check in at any number of polling stations during the day. To do so, you need to present, at the first polling station visited, an Authorization of a Candidate's Representative (EC 20020) form signed by the candidate or the candidate’s official agent appointing you to one or more polling stations. Note that the original form or a photocopy of the form will be accepted (as provided at Appendix I of this Manual); a digital copy will not be accepted.

Representatives need only one signed authorization form to enter all polling stations that you visit across the ED. Have additional signed forms on hand in case you misplace one.

8.2 Authorization Procedures for Scrutineers

✓ At the first polling station visited, scrutineers need to present the signed and completed Authorization of a Candidate's Representative (EC 20020) or a copy of the form to the DRO or the CPS who will: ▪ Verify the completion of the Authorization of a Candidate's Representative (EC 20020) form; ▪ Administer a solemn declaration; and ▪ Provide the scrutineer with a Candidate's Representative Identification Badge (EC 20901) inside

a Clear Plastic Badge Holder (EC 20909). ✓ The form is available at my.liberal.ca/general/ec20020. A copy is also available on the Political

Entities Service Centre (PESC) online portal for candidates. ✓ The Central Poll Supervisor, where one has been appointed, or the DRO will be the main point of

contact for candidates and scrutineers throughout the day. ✓ Scrutineers:

▪ Must have their ID Badge displayed at all times. ▪ May leave and return to a polling station at any time before the counting of the vote begins

without producing a new authorization form or making a new solemn declaration - section 136(2) of the Act. Note that scrutineers must not add or write anything on the badge.

▪ May, either before or after the count begins, go from one polling station to another if those stations are in the same polling place. Once scrutineers leave the polling place, however, they will not be permitted to return after the count begins – section 136(2.1) of the Act.

http://www.my.liberal.ca/general/ec20020

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8.3 Maximum Number of Scrutineers at Polling Stations

✓ There is no limit on the number of scrutineers that may be authorized by the candidate to be present at an advance, mobile, or ordinary polling station; however, only two (in addition to the candidate) may be at the polling station at any one time or at the RO’s Office.7

✓ Exceptions: ▪ At a long-term care facility, only 1 scrutineer may be present when the ballot box is taken from

bed to bed. ▪ At Registration Desk, only 1 scrutineer is allowed at a time.

8.4 Opening of the Polls

✓ Poll opening and closing hours, in local time, are summarized in the following table:8 *Note that for electoral districts spanning multiple time zones, voting hours have been set by the CEO as follows:

✓ Candidates9 and scrutineers have a right to attend at the polls before opening. Candidates or scrutineers in attendance at least 15 minutes before a polling station opens are entitled to have

7 Note that candidates can ask to have 1 or 2 scrutineers present when voters residing in Canada are voting by special ballot at offices of ROs. 8 See section 128 of the Act. 9 Candidates are authorized under the Act to perform all the duties of a scrutineer under the Act, or may assist the scrutineer in performing such duties, and may be present at any place the scrutineer is authorized to be – section 137(1) of the Act.

Time zone Voting hours (local time)

Newfoundland 8:30 a.m. – 8:30 p.m.

Atlantic 8:30 a.m. – 8:30 p.m.

Eastern 9:30 a.m. – 9:30 p.m.

Central 8:30 a.m. – 8:30 p.m.

Mountain 7:30 a.m. – 7:30 p.m.

Pacific 7:00 a.m. – 7:00 p.m.

*In Saskatchewan, when daylight savings time is in effect for the rest of the country, voting hours are from 7:30 a.m. to 7:30 p.m.

Electoral district Voting hours (local time)

Labrador 8:30 a.m. – 8:30 p.m. Nfld

Gaspésie–Les Îles-de-la-Madeleine 8:30 a.m. – 8:30 p.m. Eastern

Kenora 8:30 a.m. – 8:30 p.m. Central

Thunder Bay–Rainy River 9:30 a.m. – 9:30 p.m. Eastern

Kootenay–Columbia 7:00 a.m. – 7:00 p.m. Pacific

Nunavut 9:30 a.m. – 9:30 p.m. Eastern

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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.10

✓ Scrutineers should do a quick inspection of the polling site to ensure that ballot boxes are properly placed so that no one can observe how a voter has cast their ballot.

✓ The polling station also needs to be checked to ensure it is accessible if listed as such on the EC website. If a polling station that should be accessible isn’t accessible for some reason, the RO should be contacted.

✓ Campaigns need to verify as early as possible that all polls are open and running as sometimes DROs and Poll Clerks are late.

8.5 Your Role at the Opening of the Polls

✓ Ensure that scrutineers have been trained to call you immediately if a poll doesn’t open on time or if there are serious incidents at the polls.

✓ If there is a substantial delay in opening, it is the Chief Electoral Officer (CEO), not the local RO, who has the authority to extend the hours of voting at the poll in cases where voting at a polling station is interrupted by an emergency - section 17(3) of the Act.

o Example of a delay from past elections: a major accident on the only road to the polling station.

✓ Past practice of the CEO suggests that failure to open the poll within a reasonable period of time of the scheduled opening constitutes an emergency for purposes of section 17(3) of the Act.

✓ In the unlikely event where there is a significant delay in the opening of the polls, you can recommend that the RO ask the CEO for an extension of voting hours.

✓ Note that the decision-making authority lies with the CEO.

9. VOTER REGISTRATION AT THE POLLS

To vote in a federal election, a voter must be registered on the list of electors. While many Canadians will already be registered before the election, they can also register at the polls when they go to vote. You are likely to get questions on what ID is acceptable as proof of voter identity and voter residence. The section below will help you answer ID questions. Two main categories of voters11 will be arriving at a polling place on E-Day or at an advance poll:

(i) Voters who have already registered (i.e., are on official or preliminary lists of electors or were registered during the revision period); and

(ii) Voters whose names are not on the list of electors and must register on E-Day or at the advance polls.

Each voter, on arriving at the polling station, must give their name and address to the DRO and the Poll

Clerk and, on request, to the candidate or their scrutineer - section 143.1 of the Act. Note that candidates

10 See section 139 of the Act. 11 The other category is a voter with a transfer certificate. See sections 158-160 of the Act dealing with transfer certificates. Also see section 9.1(c) of this Manual “Transfer Certificates” for additional information.

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and scrutineers are not allowed to communicate directly with voters and must only do so through the

DRO.

9.1 Voters Already Registered

a) Identification

If the Poll Clerk verifies that the voter is on the official list, or if the DRO ascertains, with the RO, that the voter is on the preliminary list of electors or was registered during the revision period, then the voter will be required to provide ID in the polling division where the polling station is located. There are 3 options for providing ID: Option 1: One piece of ID issued by a Canadian government (federal, provincial, or local) that contains a photo of the voter and their name and current address (e.g., driver’s license). Option 2: Two pieces of ID from a list that is authorized by the CEO. Both must have the voter’s name and at least one must have their address (e.g., VIC and bank statement; or a utility bill and student ID card).

✓ Pursuant to section 143(2.1) of the Act, the complete list of ID authorized by the CEO for the 2019 General Election is attached at Appendix B and can also be found at: https://elections.ca/content.aspx?section=vot&dir=ids&document=index&lang=e#list

✓ As stated above and new to the 2019 General Election, the CEO has authorized the use of the VIC, which is mailed to an elector’s home about two weeks before E-Day, as a piece of ID under option 2. Note that the VIC must always be accompanied by a second piece of ID.

✓ ID is accepted in its original format. If a document was issued electronically, like an e-statement or e-invoice, the voter can bring a printout or show the ID on a mobile device.12

✓ Photocopies or scanned versions of documents that were not issued electronically (e.g., a scanned copy of a Canadian passport) are not acceptable.

✓ Pieces of identification must be in either English or French, except in Nunavut, where pieces of identification will also be accepted in Inuktitut.

✓ Expired documents are accepted. Option 3: Vouching - A voter without ID (the “vouchee”) can still vote if they declare their identity and address in writing and have someone who knows them and who is assigned to the same polling station (the “voucher”) vouch for them. The voucher must be able to prove their identity and address.

Steps for vouching: ✓ The vouchee makes a solemn declaration and is vouched for by the voucher. ✓ The vouchee does not require a piece of identification; however, the voucher is required to

provide ID. The voucher must: o have proven their own identity and residence using option 1 or 2;

12 See the link to voter ID on EC website at: www.elections.ca/content2.aspx?section=id&document=index&lang=e

https://elections.ca/content.aspx?section=vot&dir=ids&document=index&lang=e#list

http://www.elections.ca/content2.aspx?section=id&document=index&lang=e

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o be assigned to the same polling place; o not have vouched for another elector; o know the vouchee personally; and also o make a written solemn declaration, along with the vouchee, on the Vouching Form (EC

50055). Note that a voucher cannot have been themselves vouched for in order to prove ID (i.e., a voucher cannot have previously been a vouchee on E-Day). As stated above, the voucher can vouch for one other person only, with one exception. Residents of a long-term care institution (generally seniors or persons with a disability) can be vouched for by an employee of said institution, where the vouching employee can vouch for more than one resident, provided that the vouching employee resides in the same or adjacent electoral district as the resident vouchee - sections 143(3.01) and (3.02) of the Act.

b) Questions about Addresses

You are likely to get questions about addresses. Voters must be registered to vote and must vote at the polling station for the polling division where the voter is “ordinarily resident” - section 8(1) of the Act. Effectively, this is the place that the person considers home.

✓ Question: What does this mean for groups such as students or those working away from their permanent homes at work camps?

o In the case of students living away from home, they can register and can vote either at school or at another place of residence such as their parents’ address.

▪ The address the student uses for voting purposes is the place that the student considers to be their home. While this is the student’s choice, proof of address will be required for whatever address the student chooses to use.

o This same approach should be applied to those at work camps. ✓ Note that those living in homeless shelters can get a letter confirming address from the shelter

but also have to have documentation proving who they are (e.g., health card, library card, and other pieces authorized in option 2 by the CEO at Appendix B).

✓ A letter of confirmation of residence can also be provided from a First Nations Band or reserve as one piece of ID under option 2.

c) Transfer Certificates

If a voter’s polling station moves to another location after the notice of confirmation of registration (i.e., the VIC) has been mailed, a voter who comes to the polling station stated in the notice is entitled, on request, to receive a transfer certificate to vote at the polling station indicated on the VIC.13

✓ Voters in wheelchairs or with a physical disability and who cannot vote without difficulty in their polling division because there is no polling stations with level access may apply for a transfer certificate to vote at another polling station with level access in the ED. The application must be

13 Scrutineers are not eligible to receive a transfer certificate. They may (and should) vote at advance polls or special ballot.

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personally delivered to the RO or assistant RO by the elector or the elector’s spouse, common-law partner or relative. If the RO or assistant RO is satisfied that the voter’s name is on a list of voters for that ED and the polling station in which voter resides doesn’t have level access, the RO or assistant RO shall issue a transfer certificate.

✓ In these situations, there is a risk of duplicate voting. Scrutineers should make a note of who votes using a transfer certificate so that after the election, LPC can verify that the voter did not vote twice.

d) Situations Where Prescribed Solemn Declaration May be Requested/Required

There are several circumstances in which a potential voter may be asked to make a solemn declaration in order to vote.

e) Requests for a Solemn Declaration

✓ Where a scrutineer, DRO, or Poll Clerk has reasonable doubts concerning: ⮚ The voter’s residence: In cases where the address on the voter’s one or two pieces of

voter ID doesn’t prove residence but is consistent with information on the list of electors, a request may be made to the potential voter to make a solemn declaration – section 143(3.2) of the Act. In such a case, the voter may prove their identity and residence by making the solemn declaration and be vouched for by another elector (as per the vouching rules outlined above).

⮚ Whether a person is qualified to vote (i.e., concerns about the eligibility criteria in the Act around age, citizenship, or not having already voted in the election). The issue of being qualified to vote is distinct from that of adequacy of voter ID. If a person decides to make solemn declaration in writing, an election officer shall advise them in writing of the qualifications for electors and the penalty for false declarations – section 143.1 (1) of the Act.

✓ Where a scrutineer objects to the eligibility of a voter to cast a ballot (based on reasonable doubts about the voter’s residency in the ED or qualification concerns, such as age or citizenship) an objection (often called a “challenge”) to the DRO must be made immediately within hearing distance of the voter. The voter then knows the legal basis upon which the scrutineer has requested that a solemn declaration be taken. This same approach applies to any challenges to voters.

✓ Challenges should be made with a brief explanation for the challenge (e.g., “I have information that indicates this voter may not meet eligibility requirements to vote”).

✓ While the declaration will not necessarily serve as a deterrent to those determined to commit fraud, the fact that the voter has made a solemn declaration must be recorded by the Poll Clerk. This record will be of assistance if complaints are filed later concerning voting irregularity or fraud.

✓ Objections must always be made before a voter is given a ballot. It is too late to object after the ballot it has been issued - section 144.1 of the Act.

✓ Scrutineers should keep careful notes of incidents involving possible voter fraud to support any future complaints and need to record the voter’s name, voter number, and any other detail they can provide.

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✓ Scrutineers are not allowed to systematically challenge voters, including by requesting that they make a solemn declaration. This is likely to be viewed as interference with the right to vote and could lead to allegations that the scrutineer has violated the Act by, for example, intimidating the voter or trying to influence the voter to refrain from voting (sections 282.8 and 282.3 of the Act, respectively). DROs also have the authority to remove scrutineers from the polling station for harassing behaviour.

f) Requirements for Solemn Declaration – Sections 147 & 148 of the Act

✓ If a person asks for a ballot at a polling station after someone has voted under that person’s name,

the person cannot vote unless they make a solemn declaration – section 147 of the Act. While more likely than not, this was an accidental mistake, it might nevertherless constitute voter fraud.

✓ If someone is allowed to vote after making a solemn declaration under section 147, the Poll Clerk has to make a note of this in the Log of Objections to Ballots in the Events Log (EC 50060) (the “Poll Book”). If a scrutineer comes across this notation after the fact on reviewing the Poll Book (even if the scrutineer was not present when the solemn declaration was made), they should ask for details and make notes, as this could be critical evidence in a contested election.

✓ If a number of potential voters are asking for ballots after others have voted in their names, you should be contacted by scrutineers. If possible, you should attend personally at the polling place to investigate.

✓ If, under section 148 of the Act, a voter claims on E-Day that their name has been crossed off in error from an official list of voters who voted at an advance poll, the elector shall not be allowed to vote unless the RO verifies that the elector’s name was crossed off in error OR the elector makes the solemn declaration referred to in section 147 of the Act in writing.

g) Refusal to Make a Solemn Declaration

✓ If an elector refuses to make a solemn declaration (on the grounds that they are not required to do so under the Act), the elector may appeal to the RO.

✓ If, after consulting with the DRO or Poll Clerk, the RO decides that no solemn declaration is required, and the elector is entitled to vote in the polling division, the RO shall direct that the voter be allowed to do so - section 148(2) of the Act.

h) Scrutineers for Opposing Parties

If scrutineers for opposing parties are systematically challenging voters identified as LPC supporters (e.g., by challenging their qualifications to vote and requesting that solemn declarations be made), scrutineers should register an objection immediately with the DRO. You may be contacted to assist in raising the concern to the RO or EC.

9.2 Voters Registering on E-Day

If an elector is not on the voters list when they arrive at the polling place to vote, the elector will be directed to the Registration Officer, if one is on duty, or to the Poll Clerk. There, the elector must provide

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proof of identity and address and complete a Registration Certificate (EC 50050) before being allowed to vote - section 161(4) of the Act.

✓ An elector whose name is not on the list may register in-person on E-Day if the elector can prove ID and address.

✓ The proof of ID and address will have to be provided to a Registration Officer at the Registration Desk or to the DRO.

✓ Once the Registration Officer or DRO has completed the Registration Certificate, which contains a statement that the voter is qualified to vote, the voter must sign the certificate. The list of electors is then deemed to have been modified and the person can vote.

✓ If possible, campaigns should prioritize having a scrutineer observe at the Registration Desk in case, for example, there is a reasonable doubt that a voter is qualified to vote. Note that scrutineers are not permitted to sit at the desk with election officers.

10. SCRUTINEER GUIDELINES

10.1 What scrutineers & candidates have a right to do at polling stations

Note: detailed information on scrutineers’ rights and responsibilities can be found in the Elections Canada

document Guidelines for Candidates' Representatives:

www.elections.ca/content.aspx?section=res&dir=gui/app/2019-05&document=index&lang=e

Scrutineers and compliance and regulatory volunteers should act at all times in accordance with this

guidance, and behave honestly and ethically in the fulfilment of their functions.

a) List of Electors and Voter Identification

Scrutineers have a right to: ✓ Examine the list of electors throughout the day and convey this information to outside

scrutineers. ✓ Ask voters, through the DRO, to repeat name and address information provided to the DRO or to

the Poll Clerk when voters arrive at the polling station - section 143(1) of the Act. ✓ Request, through the DRO, that an elector make a solemn declaration, if you have reasonable

doubt about the elector's qualification (such as based on age and citizenship) or residence in the electoral district.

✓ Examine, but not handle, any piece of ID presented by the voter - section 161(3.1) of the Act. ▪ Note that electors may vote even if they refuse to allow you to examine their

identification, and election officers will keep a record of such situations. ▪ The Act states that if the DRO is satisfied that the voter’s identity and residence have been

proven, the voter must be allowed to vote - section 143(4) of the Act. ✓ Retrieve one copy of the bingo sheets on an hourly basis for any polling station on E-Day.

▪ Note that at advance polls only, scrutineers may take a picture of the Sequence Number Sheet – Advance Polls (EC 50109) with a mobile device after the close of advance polls.

https://www.elections.ca/content.aspx?section=res&dir=gui/app/2019-05&document=index&lang=e

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b) Possible Challenges by Scrutineers

Challenges Involving Voters

✓ One of the jobs of the compliance and regulatory volunteers will be to troubleshoot and (hopefully) resolve any situation that arises if an election official feels that a scrutineer has crossed the line from a reasoned challenge to one being made to impede or harass voters. Accordingly, you should know which sections of the Act speak to the conduct of scrutineers and others, in particular sections 166, 282.5, 282.6, 282.7, and 282.8 of the Act.

✓ If there is some basis for suspecting voter fraud, then the scrutineer should ask, through the DRO, to see the voter’s identification documents.

✓ If an examination of voter’s ID suggests that the voter may not be eligible to vote (e.g., if the photo on a driver’s license doesn’t look at all like the voter), an objection should be made immediately to the DRO and the incident should be recorded.

✓ In polls where the LPC candidate is expected to win or the race is close, if opposition scrutineers are, for instance, systematically requesting to see the ID of every voter, slowing down lines with the result that some voters are leaving the polls without voting, or are requesting to see the ID of only those voters from a particular group viewed as supportive of the LPC, an objection should be raised with the DRO and you should be contacted to escalate the matter to the RO or to EC (along with contacting your regional contact or the National Office).

✓ The same approach applies when there is any evidence of voter suppression.

Challenges Involving Elections Officials

✓ What if DROs, Poll Clerks, or other poll officials are not carrying out their duties as required by the Act? Examples include:

▪ A DRO or Poll Clerk refuses to accept authorized ID. ▪ A Poll Clerk fails to record that a voter has refused to show their ID upon request. ▪ DRO or Poll Clerk refuses to give scrutineers access to review the voters list. ▪ A DRO or Poll Clerk refuses to produce the bingo sheets correctly or in a timely way. ▪ A DRO or Poll Clerk refuses to allow scrutineers to request to view voter ID or refuses to

allow for a solemn declaration as required by the Act. ✓ In such cases, the scrutineer should speak with the DRO or Central Poll Supervisor or, if

necessary, the RO. Often, encouraging election officers to review the materials supplied by Elections Canada will clarify simple problems.

✓ Your regional lead or the National Office needs to be advised immediately of any unlawful actions on the part of election officials or any unethical behavior.

c) Use of Cell Phones

✓ Scrutineers may use their cell phones or other mobile devices (referred to as “communications

devices” in the Act) at polling stations, but they cannot take any photographs, or make any audio or video recording at a polling station, or use the device to impede an elector from voting or violating the secrecy of the vote – section 136(4)(a) of the Act.

✓ Cell phones can also be used during the count, but again, no photos should be taken.

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✓ Note that Elections Canada has given strong direction to its officials not to allow cell phone use to be disruptive at the polls. If scrutineers are speaking loudly or in any way using cell phones to interfere with the voting process, DROs have direction to remove the scrutineer from the polling place and even, in certain extreme cases, to have the scrutineer charged with an offence under the Act. Therefore, it is recommended that scrutineers use their cell phones as little as possible at the polling station. Phones must never be used to take photographs at the polling station on E-Day.

✓ Question: Can cell phones be used to scan bingo sheets inside polling stations to send to those getting out the vote, or should the scrutineer do this outside the polling station? There is nothing in the Act which prevents you from taking a picture of the bingo sheets once you have left the actual polling station. Photos should never be taken within the polling station on E-Day.

10.2 What scrutineers & candidates are prohibited from doing at polling stations

Scrutineers must not:

✓ Interfere with the voting process when voters are marking a ballot or otherwise attempt to obtain any information as to the candidate for whom a voter is about to vote, or has voted – section 281.6 of the Act (“Secrecy of the vote”).

✓ Speak directly to voters. ✓ Attempt to influence a voter’s choice of candidate. ✓ Take any photos, audio or video recordings.

o Exception: Photos to be taken of the bingo sheets after the polls have closed at advance polls only.

✓ Sit at an Elections Canada officers’ table. ✓ Handle an elector’s ID or certificate. ✓ Systematically challenge voters as to their qualifications to vote. ✓ Challenge an elector’s qualification after a ballot has been issued. ✓ Wear any clothes or carry any materials with a party name, emblem or colour inside or near a

polling place, which may include the parking lot, grounds, and sidewalk. ✓ Any materials should be of “neutral colours” only. Buff, white, or manila folders are acceptable. ✓ Enter the polling place after the doors have closed and the count is underway, or re-enter the

polling place if you leave after the count has started. ✓ Handle any ballots during the count. ✓ At the count, attempt to obtain information or communicate information obtained at the count as

to the candidate for whom a vote is given in a particular ballot (or special ballot) – section 281.6(5) (“Secrecy – counting of the votes”).

LPC scrutineers must ensure that they comply with the Act and also need to be alert to opposing scrutineers who might be engaging in any prohibited activities. Any such activities should be documented and should be reported to you so that you can advise or escalate as needed.

Related offence provisions can be found in beginning in section 480 of the Act (“Offences – General

Provisions”).

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11. BINGO SHEETS

✓ The Act sets out the list of Poll Clerk duties at section 162 and one of these duties is the preparation of the bingo sheets.

✓ The bingo sheet (Sequence Number Sheet (EC 50111)) is used to track which electors have voted on E-day. The sheets contain blank spaces to record an elector’s sequence number (voter number) assigned to all of the voters at the poll. The Poll Clerk records each voter’s polling division number and voter number as they vote. The list is not cumulative and only has the sequence numbers of voters who cast their ballot during a given time interval. It excludes voters who registered at the poll on E-Day. Inexperienced Poll Clerks sometimes misunderstand the purpose of the bingo sheet and try to use it as a tally sheet to record the number of people who have voted. Scrutineers and compliance and regulatory volunteers should be prepared to deal with this misunderstanding. See Appendix L of this manual for a copy of the new bingo sheet for the 43rd General Election.

✓ On E-Day, the Poll Clerk must prepare the bingo sheets and provide them to scrutineers on request on an hourly basis – section 162(i.1) of the Act.

✓ For advance polls, the Act states that the bingo sheets are available after closing of the polls – section 162(i.2) of the Act. After the closing of an advance poll, scrutineers can take a picture of the bingo sheet.

✓ A copy of the bingo sheets for advanced polls will be available at the returning office the next day. PDFs of advance poll bingo sheets will also be posted on the Political Entities Service Centre (PESC) portal the next day.

✓ Within a few days after the election, the candidate, a scrutineer for the candidate, or a representative of the candidate’s party can request that the RO provide one copy of all the bingo sheets from E-Day as well as one copy of each statement of the vote (this sets out the number of votes for each candidate and the number of rejected ballots). These documents must be provided on request - section 291 of the Act. Copies will also be made available on the PESC portal.

12. E-DAY PROHIBITIONS

12.1 Blackout on Election Advertising on E-Day

Section 323(1) of the Act prohibits the transmission of election advertising to the public on E-Day before the closing of polls. The period from midnight on E-Day until the closing of the polls is known as the “blackout period”. Generally speaking, it means election ads (newspaper, TV, etc.) are prohibited from running on E-Day. The blackout does not apply to the transmission of a message online that was placed before the blackout period began and was not changed during that period—for example, an advertisement placed in a weekly online magazine. However, if an online advertisement is actively transmitted to different users daily and the campaign is able to control the transmission date—such as paid or “boosted” social media posts on Facebook or Twitter— the ads must stop running before Election Day (i.e. at 11:59 p.m. the night before).

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Some notable exceptions to the blackout:

✓ The blackout does not apply to the distribution of pamphlets on E-Day. You may still canvass on Election Day using your candidate literature and/or doorknockers.

✓ Signs installed before Election Day do not need to be removed (though no new signs can be installed on Election Day). Adding “Vote Today” stickers to existing signs is not considered advertising and is permitted on E-Day.

✓ Organic content posted or shared online for free (i.e., content with no placement cost), such as email blasts, posts on the candidate’s website, or free Facebook or YouTube posts or tweets, is not considered advertising and is permitted on E-Day.

✓ Telephone calls (whether live or automated) are not advertising. As such, voter contact calls are permitted during the blackout.

o Telephone calls are, however, subject to the voter contact rules and other CRTC rules such as the Unsolicited Telecommunications Rules.

✓ The transmission to the public of a notice of an event that the leader of a registered party plans to attend or an invitation to meet or hear the leader is not considered as election advertising for purposes of the blackout period – section 323(2) of the Act.

12.2 Loudspeakers, Posting & Displaying Partisan Material at Polling Place, & Wearing of

Emblems

a) Loudspeakers or Public Address Systems

Using a loudspeaker or public address system within hearing distance of a polling station to promote or oppose a political party listed on the ballot under the name of a candidate is prohibited – section 165 of the Act.

b) Posting and Displaying Partisan Material at Polling Places

The Act prohibits the posting and displaying of partisan election material (such as literature, election signs, or any other material taken to indicate support or opposition to a candidate or party) "in, or on the exterior surface of a polling place" - section 166(1)(a) of the Act. Based on this provision, the following rules apply:

✓ No partisan material in the voting room. ✓ In most cases, no partisan material within the building where voting is taking place. ✓ In most cases, the “no partisan material” rule extends to the entire building property, including the

parking lot (e.g., the parking lot of a school or church where voting takes place). ✓ Note that in some cases, partisan materials may be displayed in private areas of a building where

voting takes place, or where the partisan material is far away from the voting area, i.e., where a polling location is in the main floor of an apartment building, the residents of the building would be permitted to have election signs in their windows. Returning Officers are not empowered to remove partisan material from private dwellings.

✓ Note that scrutineers must never remove signage.

https://www.elections.ca/content.aspx?section=res&dir=gui/app/2019-08&document=index&lang=e

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c) What Not to Wear

While in polling stations, no person shall wear any emblem, flag, banner or other thing that indicates that the person supports or opposes any candidate listed on the ballot or the opinions entertained by the candidate of a party – section 166(1)(b) of the Act.

13. COUNTING OF THE BALLOTS

Compliance and regulatory volunteers should encourage campaigns to have scrutineers, if possible, at all polling stations for the count, including at advance polls. Samples of acceptable and rejected ballots are attached at Appendices D & E of this Manual and should be included in scrutineers’ kits. The general rule for an acceptable ballot is that the voter’s intention must be clear and that the voter’s identity remains anonymous. If, for instance, the voter marks an “x” partially outside the circle, it will not be rejected. The Act states, at section 284(1), that the DRO shall reject ballots that:

✓ have not been supplied by the DRO; ✓ have not been marked in a circle at the right of the candidates’ names; ✓ have been marked in more than one circle at the right of the candidates’ names; ✓ have been marked or written on in a way that could be used to identify the voter; and ✓ have been cast for someone who is not a candidate.

13.1 DRO Responsibilities at the Count

The steps for the DRO to count votes are set out in section 283(3) of the Act.

✓ The Act requires the DRO, in addition to counting the number of electors who voted at the polling station, to also count the number of voters who voted by completing a Registration Certificate. This number must be stated at the end of the list of electors, which the DRO signs and places in the official envelope. The DRO is also required to total the number of voters who voted at the polling station, a total which includes the number who voted by completing a Registration Certificate, and add this to the total number of spoiled and unused ballots in order to ascertain that all ballots have been accounted for – section 283(3) of the Act.

✓ ROs may appoint additional election officers to be present for the count – section 283 of the Act.

13.2 Role of Scrutineers at the Count

✓ The role of scrutineers is to be present when ballots are counted at a polling station and act as a representative for their candidate during ballot counting.

✓ Scrutineers must arrive before the counting begins, and it is suggested that scrutineers arrive at least 15 minutes in advance.

✓ Only DROs may handle ballots, but they will show everyone present how each ballot is marked. ✓ Scrutineers may object to the validity of any ballot and have the objection recorded in the Poll

Book.

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✓ Each time a ballot is objected to, an objection number will be assigned and the number will be marked on the ballot by an election officer, who will initial the disputed ballot.

✓ The final decision as to whether a ballot is accepted or rejected is that of the DRO. It is the DRO who decides every question raised by an objection and the decision may only be reversed on a recount or on application to contest an election – section 286 of the Act.

✓ Note that scrutineers are not allowed to handle ballots. ✓ After the ballots are counted, the Poll Clerk records the results on the Statement of the Vote (EC

50100). ✓ Scrutineers may observe the counts throughout the polling place and may sign seals placed on the

envelopes and ballot boxes containing the ballots. ✓ After the count, scrutineers may print and sign names on any envelope seal and on the Statement of

the Vote. A copy of the Statement of the Vote will be available, upon request, a few days after the election. Upon request, you will receive a Copy of Results for Candidates (EC 50110).

✓ Note that in practice, vote counting problems can be a result of human error by Elections Canada staff. Scrutineers should be trained to ask in advance (two hours ahead recommended) how DROs actually plan to do the count and then encourage them to sort the ballots into groups of ten, reserving all problematic ballots until the end. This tends to reduce disputes about ballots and means that if the Poll Clerk loses count, issues will be fixed more smoothly rather than waiting until later in the process. If you are providing advice about the count to scrutineers, this is worth passing on to them.

13.3 Envelopes at the Count

✓ The DRO must put the ballots for each candidate into separate envelopes with the name of the candidate and the number of votes received on the outside of envelope, which must then be sealed and signed – section 288(1) of the Act.

✓ The DRO must place, in separate envelopes, the ballots that are rejected in the counting process, the registration certificates, and the list of electors – section 288(2) of the Act.

✓ These sealed envelopes, together with any spoiled14 or unused ballots, along with the official list of electors, must then be put into a large envelope and, along with the copy of the statement of the vote, put into the ballot box. The ballot box must then be sealed.

✓ The form for each solemn declaration must be put into an envelope supplied for that purpose along with a copy of all the bingo sheets.

✓ The collection of documents must be returned to the RO.

14 There is an important distinction between rejected ballots, which are rejected during the counting process, and spoiled ballots, which are ballots marked in error by the voter and replaced or have been misprinted.

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14. FREQUENTLY ASKED QUESTIONS ON E-DAY

Q: Is campaigning allowed on E-Day?

a) Going Door to Door & Information about Polling Stations

As outlined in Section 12 of this Manual, there are specific rules about what counts as advertising during E-Day. Although voters sometimes complain to campaigns about volunteers or candidates going from door-to-door, and/or dropping literature on E-Day, providing voters with voting information (e.g., on the timing of poll opening and closing) is permissible on E-Day.

b) Phoning Voters

Calls to get out the vote (“GOTV”) are not considered election advertising. Such calls can be made on E-Day. Please keep in mind, however, that expenses incurred for candidates and registered parties to make telephone calls during the election still qualify as an election expense that must be accounted for and reported. Also, all relevant requirements for calling voters, e.g., CRTC’s Unsolicited Telecommunications Rules and the requirement to register in the CRTC’s voter contact registry, will apply. If you are informed that voters identified as LPC supporters are being intentionally contacted with misleading information about polling locations, contact your regional lead or the National Office immediately. It is very important to gather as much information as possible, including things such as: phone numbers viewed on call display, recordings of messages, copies of emails or other documents, etc.

Q: Is the media allowed at the polling stations?

Generally, it is forbidden for the media to enter a polling place. Media may not enter the room where voting is taking place. With prior RO approval, media may take photographs from the door entrance only if they do not interfere with the voting process. For example, if voting is taking place inside a school gym and if space permits, media may stand in the hall and shoot through the gym's doorway. After the polls close, media must leave the polling place. They may not be present for the count. There is an additional special rule for the polling station of an ED in which the leader of a party is a candidate. There, media may be present to take photos or make a video recording of candidates as they cast their votes– section 135(1)(h) of the Act. Media must apply for advance authorization to host a pool or to access images from a pool at least ten days before E-Day.

Q: Are voters allowed time off from work to vote?

Every employee who is a voter is entitled, during voting hours on polling day, to have 3 consecutive hours for the purpose of voting – section 132 of the Act. If their work hours do not allow for the 3 consecutive hours, their employer must allow the time for voting necessary to meet this requirement, e.g., Ms. Y lives

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in a riding where voting hours are 8:30 a.m. to 8:30 p.m. and she usually works from 11 a.m. to 7 p.m. Her work hours don’t allow for 3 consecutive hours to vote. The employer in this case could allow her to arrive late (11:30 a.m.) or to leave early (at 5:30 p.m.) to get the 3 consecutive hours, or could give Ms. Y the 3 hours off at some other time during the day. The employer has the right to decide when the time off will be given. The requirement for 3 consecutive hours to vote doesn’t apply to employees working for transportation companies if the time off would interrupt the transportation service – section 132(3) of the Act. Employers cannot deduct from pay, or impose a penalty, for the time given to employees to vote – section 133(1) of the Act.

Q: Do polling stations have to be accessible?

Elections Canada works hard to make voting accessible to all eligible electors. Returning Officers use the Polling Place Suitability Checklist (EC 12152) to assess the accessibility of polling places. The Checklist contains 37 accessibility criteria, 15 of which are mandatory. A polling place is considered accessible when it meets all 15 mandatory criteria. During the election, the information from the 15 mandatory accessibility criteria for each polling place will be displayed on the EC website under the “Voter Information Service” tab. The chart below shows which symbols are displayed to convey a polling place’s accessibility status.

An accessibility statement also appears on the elector’s Voter Information Card (VIC). If a polling place is not accessible, an elector may be issued a transfer certificate to allow them to vote at a more accessible polling place in their electoral district (as outlined at section 9.1 of this Manual). A transfer certificate must be issued by the RO. If a person with a disability requires a transfer certificate, you may be called upon to assist in contacting the RO to make arrangements.

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More information for voters with disabilities can be found at https://www.elections.ca/content.aspx?section=vot&dir=spe&document=index&lang=e and https://www.elections.ca/content.aspx?section=vot&dir=spe/checklist&document=index&lang=e

Q: Are there special provisions in the Act to accommodate voters who have a disability or

cannot read?

There are several provisions in the Act dealing with voters who cannot read or have a physical disability (see sections 154-157 of the Act for special voting procedures). If, for example, a voter requires assistance to vote, the spouse, common-law partner, or a relative may accompany the voter into the voting booth and assist the voter to mark his or her ballot. Persons so assisting voters cannot assist more than one voter and must make a solemn declaration that they will maintain the secrecy of the voter’s vote and will not try to influence the voter in choosing a candidate - section 155(3) of the Act.

Q: Can a campaign give voters a ride to the polls?

There is nothing in the Act prohibiting this. It is acceptable to offer a ride to a polling location if:

✓ The ride is offered to help someone, not to influence them; and ✓ There are no strings attached.

Sometimes rides are offered only to certain voters, for example, those supporting a particular political party. This is still acceptable, as long as the points above are followed. What is not acceptable, and may constitute a bribe, is if the ride or payment is meant to influence a person to vote, or vote in a particular way, or it is given with strings attached. Given the risk of any cash exchanging hands with a voter being considered a bribe, campaigns should not provide funds to cover travel costs. There may, however, be situations where an opposing campaign will go too far, e.g., a van pulls up to the polling place with elderly voters carrying opposition campaign literature and all wearing pins for an opposing candidate/party. If such incidents were to happen, the scrutineer should speak with the DRO or CPS and should contact the compliance and regulatory volunteer.

Q. Will voters whose faces are covered, e.g., with a niqab or burka, be required to remove the

covering in order to be able to vote?

Electors who choose to keep their face covered must complete a Special Ballot Voting Qualification Form (EC 78609) before they are given a ballot. However, if they are vouched for, this form is not required because the elector and the voucher will sign declarations during the vouching process.

https://www.elections.ca/content.aspx?section=vot&dir=spe&document=index&lang=e

https://www.elections.ca/content.aspx?section=vot&dir=spe/checklist&document=index&lang=e

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Q: Can voters be turned away from a polling station at closing time? Can polling hours be

extended?

Unless polling hours are extended pursuant to section 17(3) of the Act, polls must close at the scheduled closing time for your time zone, sharp. If, at the time specified for the close of the polls, there are still voters waiting their turn to vote, either inside or outside the poll, anyone who had arrived at the polling place at or before the prescribed time must be allowed to vote – section 153(2) of the Act. Those arriving after the official closing time will not be allowed to vote, even if others are voting when they arrive. If voting at a polling station is interrupted by an emergency and the CEO is satisfied that, unless voting hours are extended, a number of electors will be unable to vote, the CEO has the authority to extend the voting hours; however, the polling station cannot close later than midnight or remain open for more than 12 hours – section 17(3) of the Act.

Q: How does a campaign file a complaint?

An incident report form, at Appendix G of this Manual, should be used by volunteers to document the irregularities/possible violations. The report form can either be filled out online by volunteers (at my.liberal.ca/campaign/incident-report) OR a copy of the report/your own notes can be emailed to your regional lead or the LPC National Office.

Q: Can a voter arrange for a home visit?

An elector who is unable to read, unable to vote because of a disability, or unable to personally go to the office because of a disability may request to register and vote at home. For such a request, an Elections Canada service agent, accompanied by someone from the office, will go to the elector's home to complete their application form and assist the elector in completing the declarations on the application form and outer envelope and then marking their ballot in the presence of a witness chosen by the elector. All home visits must be approved by the RO or the AARO, and all other voting options (including voting by mail) must have been considered.

Q: ID information for transgender voters

A voter’s sex, gender expression, or the sex indicator on their ID and voter registration documents does not affect their right to vote. A person who is 18 or older and a Canadian citizen is entitled to vote. By law, all voters must show accepted ID to prove their name and address and be registered (or register at the polls) under the name and address shown on this ID. So long as the name and address on the ID match the name and address on the voter registration, the person will be able to vote. It does not matter if the person uses two different pieces of ID where their sex indicator does not match. If a voter uses photo ID to register at the polls that does not match their appearance, a poll worker may ask them to explain why the photo does not match their appearance; however, so long as the name and ID requirements are met, they will be allowed to vote.

http://www.my.liberal.ca/campaign/incident-report

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Thank you for being a Liberal Party of Canada Compliance and Regulatory volunteer!

Documents

ELECTION DAY MANUAL FOR LIBERAL PARTY OF CANADA …