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Difference between revisions of "The Right to Vote (5:VII)"

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{{REVIEWED LSLAP | date= June 30, 2021}}
{{REVIEWED LSLAP | date= July 8, 2023}}
{{LSLAP Manual TOC|expanded = complaints}}
{{LSLAP Manual TOC|expanded = complaints}}


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The province is divided into various electoral districts, each represented by an elected Member of the Legislative Assembly (MLA). Each  district has a registrar of voters whose duty is to ensure that the election of candidates in that district is carried out properly. The elections process is supervised by the Chief Electoral Officer. Elections BC can be contacted at:  
The province is divided into various electoral districts, each represented by an elected Member of the Legislative Assembly (MLA). Each  district has a registrar of voters whose duty is to ensure that the election of candidates in that district is carried out properly. The elections process is supervised by the Chief Electoral Officer. Elections BC can be contacted at:  


'''Elections British Columbia'''
'''Elections British Columbia'''
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = P.O. Box 9275 Stn  Provincial Government <br /> Victoria, BC V8W 9J6  
| address = P.O. Box 9275 Stn  Provincial Government <br /> Victoria, BC V8W 9J6  
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Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district,  must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified.   
Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district,  must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified.   


Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://www.canlii.org/en/yk/ykca/doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4 Re Yukon Election Residency Requirements]'', [1986] 2 BCCR (2d) 50 (CA), the BC Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives.  
Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://www.canlii.org/en/yk/ykca/doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4 Re Yukon Election Residency Requirements]'', [1986] 2 BCLR (2d) 50 (CA), the BC Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives.  


Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone  prohibited from voting under Part 12 of the ''Election Act''.  
Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone  prohibited from voting under Part 12 of the ''Election Act''.  
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Alternatively, section 41.1 allows eligible voters without documentation to be “vouched” for by a voter registered in the applicant’s electoral district with documentation, a family member, or “a person having authority under the  common law or an enactment to make personal care decisions in respect of the applicant.”
Alternatively, section 41.1 allows eligible voters without documentation to be “vouched” for by a voter registered in the applicant’s electoral district with documentation, a family member, or “a person having authority under the  common law or an enactment to make personal care decisions in respect of the applicant.”


'''NOTE:''' In the 2013 provincial election, prescription pill bottles or inhalers with the applicant’s name were accepted as a valid form of  identification. This was done to address the unique challenges the homeless and those without government-issued identification face when exercising their right to vote.
:'''NOTE:''' In the 2013 provincial election, prescription pill bottles or inhalers with the applicant’s name were accepted as a valid form of  identification. This was done to address the unique challenges individuals with no fixed address and those without government-issued identification face when exercising their right to vote.


When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.  
When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.  
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If you have a complaint about contraventions of the ''Election Act'', RSBC 1996, c 106, ''Local Elections Campaign Financing Act'', SBC 2014, c 18, or the ''Recall and Initiative Act'', RCBC 1996, c 398, you may make a complaint in writing by:  
If you have a complaint about contraventions of the ''Election Act'', RSBC 1996, c 106, ''Local Elections Campaign Financing Act'', SBC 2014, c 18, or the ''Recall and Initiative Act'', RCBC 1996, c 398, you may make a complaint in writing by:  


Mail:  
*Mail: PO Box 9275 Stn Prov Govt, Victoria BC, V8W 9J6; or
PO Box 9275 Stn Prov Govt
*Email: investigations@elections.bc.ca
Victoria BC, V8W 9J6
 
or
 
Email: investigations@elections.bc.ca


Please see the Elections BC website here for information to include in your complaint: [https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/ https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/].
Please see the Elections BC website here for information to include in your complaint: [https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/ https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/].
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Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3).  
Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3).  


While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s ''Election Act''. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred.
While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s ''Election Act''. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred.


All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (s 143(2)(b) and s 143(3)):  
All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (s 143(2)(b) and s 143(3)):  
#provides two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or   
:(a) Provides two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or   
#provides two pieces of identification that establish the voter's name, and then establishes their residence by swearing an oath in writing that attests to where they live. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election, and an individual who has been vouched for cannot vouch for someone else.   
:(b) Provides two pieces of identification that establish the voter's name, and then establishes their residence by swearing an oath in writing that attests to where they live. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election, and an individual who has been vouched for cannot vouch for someone else.   


These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee.   
These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee.   


The provisions relating to vouching, as described above, were brought into force by the ''Fair Elections Act'' in December 2014.  Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter.  However, this leaves voters who have no identification whatsoever with little recourse.  This controversial measure could significantly inhibit the ability of low-income citizens and students to vote.   
The provisions relating to vouching, as described above, were brought into force by the ''Fair Elections Act'' in December 2014.  Under these provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter.  However, this leaves voters who have no identification whatsoever with little recourse.  This controversial measure could significantly inhibit the ability of low-income citizens and students to vote.   


The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in ''[https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca30/2014bcca30.html?autocompleteStr=Henry%20v%20Canada%20(Attorney%20General)%2C%202014%20BCCA%2030&autocompletePos=1 Henry v Canada (Attorney General)]'', 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the ''Charter'', but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the ''Charter''. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''.
The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in ''[https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca30/2014bcca30.html?autocompleteStr=Henry%20v%20Canada%20(Attorney%20General)%2C%202014%20BCCA%2030&autocompletePos=1 Henry v Canada (Attorney General)]'', 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the ''Charter'', but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the ''Charter''. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''.


Many other provisions of the ''Canada Elections Act'', such as an employee being entitled to receive time off work to cast a ballot,  provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at:  
Many other provisions of the ''Canada Elections Act'', such as an employee being entitled to receive time off work to cast a ballot,  provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at:  


'''Elections Canada'''
'''Elections Canada'''
{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 350 Victoria Street <br /> Gatineau, Quebec K1A OM6  
| address = 350 Victoria Street <br /> Gatineau, Quebec K1A OM6  
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Please see the following link for more information on making complaints about federal elections: [https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3 https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3].  
Please see the following link for more information on making complaints about federal elections: [https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3 https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3].  


'''Note:''' Major changes to the ''Canada Election Act'' in June 2014 included provisions intended to increase penalties for offences, reduce voter fraud, and empower political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising.
:'''Note:''' Major changes to the ''Canada Elections Act'' in June 2014 included provisions intended to increase penalties for offences, reduce voter fraud, and empower political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising.


The  Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in ''[https://www.canlii.org/en/ca/scc/doc/2002/2002scc68/2002scc68.html Sauvé v Canada (Chief Electoral Officer)]'', 2002 SCC 68.  A key consideration in this decision was that, by denying the vote to all prisoners, the ''Act'' failed to balance the right to vote against the seriousness of the conduct of prisoners.
The  Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in ''[https://www.canlii.org/en/ca/scc/doc/2002/2002scc68/2002scc68.html Sauvé v Canada (Chief Electoral Officer)]'', 2002 SCC 68.  A key consideration in this decision was that, by denying the vote to all prisoners, the ''Act'' failed to balance the right to vote against the seriousness of the conduct of prisoners.
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== D. Municipal Elections ==
== D. Municipal Elections ==


Municipal election procedures are outlined in the ''Local Government Act'', RSBC 1996, c 323, beginning at section 33. Please note, however, that elections in the City of Vancouver are governed by a separate provincial act, the ''Vancouver Charter'', SBC 1953, c 55.  
Municipal election procedures in BC are outlined in the ''Local Government Act'', RSBC 1996, c 323, beginning at section 33. Please note, however, that elections in the City of Vancouver are governed by a separate provincial act, the ''Vancouver Charter'', SBC 1953, c 55.  


To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person thus qualified must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified,  the person must have been a resident of the jurisdiction (as per s 64) for at least 30 days immediately before election day.  
To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person qualified in such a way must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified,  the person must have been a resident of the jurisdiction (as per s 64) for at least 30 days immediately before election day.  


A person who qualifies as outlined above with the exception that they do not reside in the municipality may still vote in an election if they are the owner or tenant of property in that municipality (s 66). The general residency rules are similar to those outlined in the ''BC Election Act''.  
A person who qualifies as outlined above with the exception that they do not reside in the municipality may still vote in an election if they are the owner or tenant of property in that municipality (s 66). The general residency rules are similar to those outlined in the ''BC Election Act''.  
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A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person.  
A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person.  


'''NOTE:''' A literal interpretation of both the ''Canada Elections Act'' RSC 2000, c 9, and the ''BC Election Act'', RSBC 1996, c 106,  suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”.
:'''NOTE:''' A literal interpretation of both the ''Canada Elections Act'' RSC 2000, c 9, and the ''BC Election Act'', RSBC 1996, c 106,  suggests that it is practically impossible for individuals with no fixed address to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”.
 


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