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BY THOMAS HODGINS, Q.C. ■ \ ■ TORONTO : ROWSELL & HUTCHISON, 1878. yi t ■ CONTENTS. i Form and Contents of Ballot Paper (s. 27) 8 Elector when introduced to receive a Ballot Paper (s. 43) 5 Elector to mark his Ballot Paper with a cross on any part of the Division (a. 45) 6 Elector not to disclose his Marked Ballot (s. 47) 9 Elector unable to read, &c., may have his Ballot marked by the Deputy Returning Officer (s. 48) 10 Elector who has been personated may vote (s. 53) 11 Elector Spoiling his Ballot may have another (s. 54) 12 Counting the Ballots— what to be counted or rejected (s. 55) 18 Deputy Returning Officer to decide upon objections to Ballots (s. 66).. 14 Returning Officer to return the Majority Candidate (s. 69) 15 Returning Officer to have a casting vote in case of a tie (s. 60) 16 Mistakes in form not to affect the election (s. 80) 16 Recount of Ballot Papers by a Judge (41 Vic. c. 6, s. 14) 17 Schedule I. — Bdlot Paper and Directions for Voting 21 Appendix A — Fac Similes of Ballot Papers under English Ballot Act of 1872 23 Appendix B — Fac Similes of Ballot Papers under Dominion Elections Act of 1874 26 Appendix C — Fac Similes of Ballots under the Ontario Elections Act. . 27 GUIDE TO COUNTING THE MARKED BALLOT PAPERS AT DOMINION ELECTIONS. The following sections prescribe the mode of voting by Ballot at Elections for the House of Commons, and are taken from the Dominion Elections Act of 1874, (37 Vic ch. 9,) as amended by the Act of 1878, (41 Vic. ch. 6. ) Form and Contents of Ballot Papers, g, Ballot papers, form o( 27- {o) The ballot of each voter shall be printed paper (6) in this Act called a ballot paper (with a counterfoil) showing the names and de- ^f^jKi'v. scription of each candidate alphabetically arranged "• ^' "• ^1 in the order of their surnames, or if there be two or more candidates with the same surname, (a) This flection is similar to rule 22 in the First Schedule to the English Ballot Act of 1872. (35 & 36 Vic. ch. 33.) (6) Where voting by ballot prevails, it is generally provided that the ballots shal! be in such form as not to be outwardly distinguishable from each other. But where a fJtatate provided that no ballot should be counted unless the same were written or printed on white paper without any marks or figures thereon intended to distinguish one ballot from an- other, ballots upon paper tinged with blue, which had ruled lines thereon (not however as distinguishing marks) were held to be legal ballots. People V. Kildufff 15 III. 492. But ballots having an eagle printed thereon were held to be in violation of the act, and were rejected. Commonwealth ▼. Woelper, 3 S. & R. Penn. 29. 6 GUIDE TO COUNTING BALLOTS. [S. 27. in the order of their other names ; (c) the names and description of each candidate shall be set forth in the ballot paper as they have been set forth in the nomination paper, (d) and the ballot (c) The ballot paper must contain the names of those candidates, only who have been duly nominated by nomination papers in the form Schedule F. Any votes given at the election for any other candidates than those so nominated, are null and void. The nomination paper must be delivered to the Returning Officer, vrith, (1) The consent in vrriting of the candidate, unless he be absent from the Province in which the election is to be held ; (2) The affidavit of the witness or witnesses to the signatures and qualification of the nominating electors, and to the signature of the con- senting candidate ; and, (3) A deposit of $50 towards the expenses. But the deposit is not a condition precedent by the English Act. Daviett T. Lord Kensington, L. R. 9 0. P. 7-0, (ss 19 and 21.) Any candidate may withdraw after his nomination and before the closing of the poll, by filing with the Returning Officer a declaration in writing to that effect, signed by himself ; and any votes cast for such candidate so withdrawing, shall be null and void. (sec. 25.) See also South Ren/reio Election, 11 C. L. J. 47. {(1) A candidate at an election was nominated by two nomination papers, eftch giving different localities for the residence of such candidate ; one of the Domination papers was good, the other being defective, was admitted to be bad. The name of the candidate appeared twice as No. 5 and No. 6 on (he ballot paper, according to the separate description in each nomi- nation paper ; seventy-one ballots were marked for him under the descrip- tion given in the defective nomination ; 801 under the valid nomination, and eight had crosses opposite each place where his name appeared : Held, that the mistake of entering the candidate's name twice, neither deceived nor misled any voter in voting for the wrong person, and did not therefore affect the result of the election, and that all the ballots marked for him should be counted. Held, further, that inasmuch as the ballot paper is to contain a list of the candidates and not a list of their nominations, that the Returning Officer should have entered his name once. Northcote v. Puhford, L. R. 10 C. P. 476 ; .S'. C. 44 L. J. 0. P. 217. A .ballot which contains the name ofthe candidate voted for two or more times is to be counted as one vote ; it is not to be looked upon as two or more ballot tickets folded together. People v. Holden, 58 Cal. 123; Brightley on Ekdions, 480: When there is a doubt as -to the person intended to be voted for, by reason of a misspelling of the surname, or ofthe addition of a different or erroneous surname, facts and circumstances of public notoriety, dehors the ballot^ connected with the election and the different candidates, are competent evidence to ascertain for whom the ballots were intended to be cast. Carpenter v. Ely, 4 Wis. 420. The weight of authority in the United States, though there are some conflicting decisions, is in fhvor of the rule that, where a candidate is voted for by the initials only of his Christian J s. 43.] ELECTOR TO RECEIVE A BALLOT PAPER. paper and counterfoil shall be in the form Sched- ule I to this Act. (e.) Elector when Introduced into the Polling Booth, to state his Name, and receive a Ballot Paper. 43. Each elector, being introduced, one at a time Reguiattons ^ for each compartment, into the room where the conductor e*ec^ poll is held, shall declare his name, surname and uty'RetSJing addition, which shall be entered or recorded in officer, the the voters' list to be kept for that purpose by [New section the Poll Clerk; and if the same be found on thejfe^tlf ^• list of electors for the polling district of such polling station, he shall receive from the Deputy Returning Officer a ballot paper, on the back of which such Deputy Returning Officer shall have previously put his initials, (/) so placed that when name, parol evidence is admissible to apply the ballot to the candidate for whom it was intended. Br'ujhtley on Elections^ 267. But in England it was held a fatal misnomer to represent the candidate's Christian name by its initial. Mather v. Broum, 34 L. T. N. S. 869. Voting papers inscribed Wm. Bradley and Willm. Bradley, were held to be admissible as votes fbr William Bradley. Begina v. Bradley, 3 E. & E. 634. (e) The English Ballot Act provides (sec. 28) that, <« The Schedules to this Act and the notes thereto, and directions therein, shall be construed and have effect as part of this Act," and in the Schedule it is noted, ** The forms contained in this Schedule, or forms as nearly resembling the same as circumstances will admit, shall be used in all cases to which they refer, and are applicable, and when so used, shall be sufficient in law." In cob- stming the provisions of that Act, it was held that the sections in the body of the Act are absolute enactments which must be obeyed or fulfilled exactly, whilst the rules and forms in the Schedules are only directory enactments ; and that it is sufficient if the directory enactments are obeyed or fulfilled substantially. Wooilward v. Saraom, L. R. 10 C. P. 738 ; S, C. 44 L. J. C. P. 293. (/) The initials of the Deputy Returning Officer on the back, and the number on the counterfoil are for the purpose of identification, and th« abnenoe of tht initials of ae Deputy Returning Officer will not render the ballot invalid. If therefore any ballot papers, without the initials, have been counted by the Deputy Returning Officer, the Judge on a re-count of ihe votes, would hold such ballots to be pi'ima facie Talid. So far aft the 8 GUIDE TO COUNTING BALLOTS. [S. 45. Deputy B«turning Officer to in the ballot is folded they can be seen without opening it, and on the counterfoil to which, he shall have placed a number corresponding to that opposite the voter's name on the voters' list. The Deputy Returning Officer shall instruct him how and where to affix his mark, and how ■tract elector, ^q ^q}^ jjig ballot paper, but without inquiring or seeing for whom the elr ^.or intends to vote ex- cept only in thecase pro v ided for in section forty- eight. Elector to mark his Ballot with a Cross on any part of the Division containing the Candidates Nanie. ModeofToUng 45- (e carried too far ; but where it is done as appears here, I would not hold that it operates a disfranchise- ment of the voter." Per Lord Neaves, Wigtown EletCion, 2 O'M. & H. 221. {j) '* Making a cross with a pencil." These words are copied from the Quebec Election Act (38 Vic. ch. 7, s. 170, Q.) Had they been omitted, the principle of the English decisions would have applied to ballots under the Canadian Act. The provision requiring the ballot to be marked with a pencil is not new. The " directions to voters " in the English Act (35 & 36 Vic. ch. 33), the Dominion Act of 1874 (37 Vic. ch. 9), and 1878 (4l Vic. oh. 6), the Ontario Act (R. S. 0. ch. 10), so prescribed ; but it now appears in the body of the enactment. Prior to this alteration in the. wording of the enactment, the question had been the subject of judicial investigation in Scotland and Canada ; and it was held that the use of » pencil in marking a ballot was not essential to the validity of the vote, ** because the use of a pencil was not positively and directly enjoined by the statute, and because the only positive and direct enactment on the subject is to the e^ect merely that the returning officer shall provide each S-. 47.] ELECTOR NOT TO DISCLOSE UtS VOTE. 11 to be elected, within the divisions) containing the [New section name (or names) of the candidate (or candidates) o. «"°8.".j " for whom he intends to vote ; and shall then fold, up such ballot paper so that the initials on the back can be seen without opening it, and hand it to the Deputy Returning Officer, who shall with- out unfolding it, ascertain by examining his initials and the number upon the counterfoil, that it is the same that he furnished to the elector, and shall first detach and destroy the counterfoil and shall then immediately, and in the presence of the elector, place the ballot paper in the ballot box. (k) Elector oiot to take away his Ballot Paper nor to disclose how it is marked. 47. No elector shall be allowed to take his Baiiot not t© ballot paper out of the polling station, or, except ?Jray o/ahewm only in the case provided for by section forty- rjjg^ ggp^j^n eight, to show it when marked to any person, so *: under 41 v^ as to allow the name of the candidate for whom he votes to be known, under a penalty of two hundred dollars ; and no person shall directly or indirectly induce or endeavour to induce any voter to show his ballot paper after he has so marked it, under a penalty of two hundred polling station with materials for the voters to mark the voting papers ; but what material!), whether pencils or pens and ink, are not specified." Per Lord Orraidale, in Wigtown Election, 2 O'M. & H. 226. •♦ A good cross with any pencil, or with any ink not peculiar, seems unobjectionable." Per Lord Neaveti, Ibid 223 The 28th sec. of the Dominion Elections Act of 1874, as amended in 1878, directs the returning officer (fourthly) to* furniftb the deputy returning officer * * with the necessary material& for votei^ to mark their ballot papers. See also Monck Election, 12 C. L.. {k) When the ballot is placed in the ballot box, the act of voting is con«> plete, and the vote cannot thereafter be questioned. 12 GUIDE TO COUNTING BALLOTS. [S. 48. dollars for so doing, and for each case of such offence, (l) Elector unable to read, or blind, may have the ballot paper marked by tJte Deputy Returning Officer. Case of voter 48- The Deputj Returning Officer on applica- iis*Totingp" tion of any voter who is unable to read, or is p*'- incapacitated by blindness or other physical caiise ifNew Jection from votiug in the manner prescribed by this Act, -e. e, s 8.] * shall assist such voter by marking his ballot paper in the manner directed by such voter, in the presence of the sworn agents of the candidates, or of the sworn electors representing them in the polling station, and of no other person, and by placing such ballot paper in the ballot box ; (m) and ^he Deputy Returning Officer shall require the voter making such application, before voting to make oath of his incapacity to vote without such assistance in the form following : — (Z) A voter who shews his ballot paper when marked to any person, does not render his ballot paper invalid. The Deputy Returning Officer has no authority to reject it ; but such voter renders himself liable to a penalty. Where, owing to the defective arrangements at the polling booth, it hap- pened that each voter taking his ballot paper into a back room in order to mark the same, and returning, had to pass a landing, close to which were standing at the head of the staircase a policeman, and parties engaged in bringing up voters, all of whom could occasionally see the ballot paper as marked when the voter carried the same in his hand unfolded, but there "Was no evidence that any voter's marked ballot paper had been seen, the Court held that such irregularities did not affect the election. Droyheda i?Zec. the number of votes given for each candidate : In doing so he shall reject all ballot papers which Ejecting b»i- have not been supplied by the Deputy Returning/****' Officer, all those by which votes have been given for more candidates than are to be elected, and all those upon which there is any writing or mark by which the voter could be identified, (t) * (s) Ballot papers so inadvertently dealt with and delivered up to the Deputy Returning Officer are not to be counted, but tc be returned as " spoiled ballot papers." .. ,,, ■,,,,, . , ; ,. , ^,^^„ .,, {t) The three classes of ballot papers to be rejectfd are (1) baHots which have not been supplied by the Deputy Returning Officer ; (2) ballots which are marked for more candidates than are to be elected ; and (3) ballots upon which there is any writing or mark by which the voter can be iden- tified. " Trivial and unimportant deviations, sv ' night not unfairly be held to be incidental to the performance of the p ct of work in question by different individuals of different ages, habits, and conditions, ought to be disregarded, provided that the true object and intention of the voter is free from serious doubt, and that there is not sufficient ground for holding in a fair and reasonable "ense that there is any mark or writing on the ballot paper, whereby th voter can be identified." Per Lord Ormidale, Wigtoiim Election, 2 O'M. & H. 225. •* The Act does not say any mark, or any mark deliberately made, but a writing or mark by which the voter could be identified. I think the mark must contain in itself a means of identification of the voter in order to vitiate the ballot. There must be something in the mark itself such as the initials, or some mark known as < being one the voter is in the habit of using. If there be not this restriction, then it will naturally follow that every peculiarity about every cross should 16 GUIDE TO COUNTING BALLOTS. [s. 56. I ! i Djity of D. R. The other ballot papers beins counted, and a OAcer after ,., /..i i/»±» i» i ooauuog the list kept 01 the number ot votes given for each ^****' candidate, and of the number of rejected ballot papers, all the ballot papers indicating the votes given for each candidate respectively shall be put into separate envelopes or parcels, pnd those rejected shall also be put into a difterent envelope or pycel, and all these parcels, being endorsed so as to indicate their contents, shall be put back into the ballot box. (u) Deputy Returning Officer to note Objections to the Ballots, and to decide upon their Validity. OltJeetions to ballot papers. Decision of D K. Officer 56. The Deputy Returning Officer shall take a note of any objection made by any candidate, his agent, or any elector present, to any ballot paper found in the ballot box ; and shall decide any question arising out of the objection ; (v) and the decision of such Deputy Returning Officer shall be scaDoed in order to see whether some of the additions were not put there designedly so as mark distinctively that particular ballot paper." Per Blake, V. C, M(mck Election, 12 C L. J. 114 Where out of 132 ballot papers used at the election, 130 had not, on the back, the initials of the Deputy Returning Officer, the Court refused to reject the ballots. Ibid. Where the Returning Officer marked upon the face of the ballot paper the number of the voter as it appeared on the voters' list, and the number so marked was not in fact seen so as to be identified, but it could have been seen at the counting of the ballots : Held, that the ballots so marked with the numbers, had marks by which the voters could be identified by reference to the voters' list, and were therefore void and should not be counted. Woodward v. Sarsona, L. R. 10 C. P. 733. (u) The different packages should contain : — 1. The used ballot papers which have been counted. 2. The rejected ballot papers. 3. The epoiledballot papers ; and 4. The unused ballot papers. (v) If the Deputy Returning Officer neglects or refuses to " take a note of any objection to any ballot paper," or to number the same as directed in this section, there will be no evidence before the appellate tribunal of the ''deoision of such Deputy Retorniug Officer." s. 59] MAJORITY CANDIDATE TO BE RETURNED. 17 note ■eoted of the be final, subject only to reversal on petition ques- fiJJ*""^^***** tioning the election or return, (w) Each objection to a ballot paper shall be num- objections to nil J • 1 1 1 1 1 be number "d. bered, and a corresponding number placed on the back of the ballot paper and initialed by the identification. Deputy Returning Officer. Returning Officer to sum up Votes and return the Majority Candidate. 69. The Returning Officer at the place, day J^«^*^'°J°8p«; and hour appointed by his proclamation, and ^tai votes after having received all the ballot boxes, shall me"ti. of the proceed to open them in the presence of the elec- ^' ^' ^®**"- tion clerk, the candidates, or their representatives, if present, and of, at least, two electors, if the candidates or their representatives are not present, and to add together the number of votes given for each candidate from the statement contained in the several ballot boxes returned by the Deputy Returning Officers, (x) , tw ^ ^. , - ,, The candidate who shall on the summing up JJ^J^^ ^' of the votes, be found to have a majority of votes declared eiee- .shall be then declared elected, (y) .^ {w) This section of the Act of 1874, is in effect, althoagh not in words, amended by the Act of 1878, (41 Vic ch. 6, s. 14) which gives appellate jurisdiction to a Judge to review the decision of the Deputy Returning Officers and to re-count the ballot papers, according to the rules set forth in section 55. Having completed the work of counting, the Deputy Return- ing Officer is to transmit all the papers to the Returning Officer with his statement of ihe result. {x) Within four days after the day on which the Returning Officer makes the final addition of the votes under this section, for the purpose of declaring which candidate elected, an application may be made to a Judge for a recount of the votes. (y) This declaration may, however, be reversed by the recount of votes before the Judge under 41 Vic. ch. 6, sec. 14; for after such recount the ■"■"*■■ 18 Returning OfA cor to have a caating vote where ai) •quality of Totoa. Mistakes of Ibrm not fatal If election con ducted accord iog to the principle of the Act, and non-compli- anco with fornifl did not afifedt the result. GUIDE TO COUNTING BALLOTS. [SS. 60, 80. Retuvning Officer to have a Casting Vote. 60- When on the final addition of the votes by the Returning Officer an equality of votes is found to exist between any of the candidates, and the addition of a vote vjrould entitle any of such candidates to be declared elected, the Returning Officer shall give such additional or casting vote, but shall in no other case have the right to vote, (z) Mistakes of Form not to affect Election. 80. No election shall be declared invalid by reason of a non-compliance with the rules con- -tained in this Act, as to the taking of the poll, or the counting of the votes, or by reason of any want of qualification in the person signing a nomination paper received by the Returning Officer under the provisions of this ixct, or of any mistake in the use of the forms contained in Judge is to certify the result to the Returning Officer who shall then declare to be elected the candidate having the highest number of votes. It cannot be made if there is an equality of votes ; such a contingency must be dealt with under the next section. (z) The casting vote of the Returning Officer, like all other votes cast at the election, should be by ballot. A difficulty may occur if the Returning Officer gives bis casting vote before the expiration of the time for making application to the Judge for a recount of the votes. The final addition of the votes must take place before the Judge could ontertain the application ; and by the section giving the right to a recount, that final addition is referred to as ''for the purpose of declaring the candidate elected.'^ Although the statute is not quite clear, the sections as to the final addition of the votes, and declaration of the candidate, and the casting vote of the Returning Officer, must be read in the light of the proceedings authorized to be taken subsequently to such final addition of votes : and as by the 60th section of the Act it is provided that the Returning Officer "shall in no other case (but an equality of votes) have a right to vote," that is, shall have only have one casting vote for the election in question, the provision as to his casting vote (until a judicial decision to the contrary) should not be acted upon until either after a recount before the Judge, shews an equality of votes, or after the expiration of the time for applying to the Judge for suoh recount. s. 14.] RECOUNT OF BALLOTS BY JUDGE. ^ the schedules to this Act if it appears to the tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the Act, and that such non-compliance did not affect the result of the election. • Recount of the Ballot Papers by a Judge. 14. (a) In case it is made to appear within four Jiy*'* "■ *• *' days after that on which the Returning Officer .^^^^ ^^ has made the final addition of the votes for the re-count of purpose of declaring the candidate (or candidates) JuJ^".*'^ * elected, (h) on the affidavit of any credible wit- ness, (c) to the County Judge of any County, or in Quebec, to a Judge of the Superior Court, . ^ ordinarily discharging his duties in any Judicial District in which the electoral district or any part (a) This provision for a recount of the ballot papers was introduced by the author into the Ontario Election Law in 1876 (89 Vic. cb. 10, s. 25, 0., now K. S. 0. oh. 10, as. 117-122). The clauses are in soaao particulars similar to the rules 31 to 87 in the first schedule of the English Ballot Act. Under that Act the Returniog Officer, and not the Deputy Returning Officers, counts the ballots, and thus a uniformity of decision is obtained. (h) Within four days after the day, &c. The general rule for the com? putation of time fixed by statute is to hold the first day excluded, and the last day included. When the last day is a Sunday or holiday, the applica- tion may be made on the day next following which is not a Sunday or holiday (s. 129) See West Toronto Election, 6 Pr. R. 894, in appeal 3X Q. B. 409, and Hodgina oh Voters' Lints, pp. 26, 38. (c) This section of the Act of 1878 does not state before whom the affida- vit should be made. By sec. 127 of the Act of 1S74, jurisdiction is given to certain officers to administer oaths under that Act, and it furthc pro- vides that "the Returning Officer at any election shall have power to administer any oath or affirmation required, with respect to such election, by this Act ; and the Deputy Returning Officer may administer such oaHi or affirmation, except only such as may be required to be administered to the Returning Officer." See also the Interpretation Act (81 Vic. ch. 1, 8. 6» sub-seo. 16), and the "Act for the Suppression of Voluntary and Extras judicial Oaths." (37 Vic. ch. 37.) 20 GUIDE TO COUNTING BALLOTS. [S. 14. :l '(I Improper thereof is situated, (d) that such witness believes rSicting ballot that any Deputy Returning Officer at any election papers. jjj gmjj^ electoral district in counting the votes has improperly counted or rejected any ballot papers at such election, or that the Returning Officer has improperl}' summed up the votes, (e) and ill case the applicart deposits within the said time with the clerk of the Court the sum of one hundred dollars as a security for the costs of the candidate, in respect of the re-count appearing by the addition, to be elected, the said Judge siiall appoint a time within four days after the receipt of the said a.'Hdavit by him, to re-count the votes, or to make the final addition, as the case may be, and shall give notice in writing to the candidates Order of Judge ^^' their agcnts of the time, and place at which he to RefurniDg will procccd to rc-count the same, or to make such final addition, as the case may be ; and shall sum- mon and command the Returning Officer and his election clerk to attend then and there with the . . parcels containing the ballots used at the election, which command the Returning Officer and his election clerk shall obey : Who may be (1.) The Said Judgc, the Returning Officer and reHwunt"* ^^* ^^^ election clerk, and each candidate, or his agent - appointed to attend such re-count of votes, or in case any candidate cannot attend, then not more than one agent of such candidate, and if the can- didates and their agents are absent, then at least three electors shall be present at such re-count of the votes; V.- {d) In some cases in OntArio, the eleotorial district is formed from two or more portions of judicial counties, and each of the County Judges Trithin such counties, would have jurisdiction to order a recount. (e) The affidavit must follow the provisions of this section, and as a mat- ter of precaution, should show such grounds for the belief of the witness, M will satisfy the Judge that the re-count should be ordered. S. 14.] RECOUNT OF BALLOTS BY JUDGE. 21 (2.) At the time and place appointed, (/) the opening said Judge shall proceed to re-count all the votes fou and°re- or ballot papers returned by the several Deputy ^ote«""* '^' Returning Officers, and shall, in the presence of the parties aforesaid, if they attend, open the sealed packets containing — (1) the used ballot papers which have been counted ; (2) the rejected ballot papers; (3) the spoiled ballot papers, — and no other ballot papers ; (3.) The Judge shall, a: ' ^ . ^ racticable, pro- Recount to ceed continuously, except w^; Sunday, with such ^ '^°^^°^°^'^ re-count of the votes, allowing only time for fixcepUoo. refreshment, and excluding (except so far as he and the parties aforesaid agree) the hours between six o'clock in the evening and nine on the suc- ceeding morning ; During the excluded time (and recess for refreshments) the said Judge shall place the ballot papers and other documents relating to {J,y["8^®5^P* the election close under his own seal and the seals "•«"*« to^ of such other of the parties as desire to affix their seals, and shall otherwise take precautions for the security of such papers and documents. (4.) The Judge shall proceed to re-count the Mode of pro- vote according to the rules set forth in section the re-count fifty-five of "The Dominion Elections Act, 1874," as hereby amended, (^f) and shall verify or correct the ballot paper account and statement of the number of votes givien for each candidate : and (/) Before proceeding with the re-count, proof of the service of the Judge's " notice in writing to the onndidates, or their agents, of the time and place at which he will proceed to re-count," should be given. {g) The Judge in re-counting the ballot papers, acts as an appellate tri- bunal ftom each Deputy Returning Officer, and " re-counts all the votes or ballot papers returned by the several Deputy Returning Officers,*' and decides whether such officers have *' improperly counted or rejected" any ballot papers at such election. TT 2i GUIDE TO COUNTING BALLOTS. [S. 14. certificate. Certificate at upon the Completion of such re-count, or as soon as he has thus ascertained the result of the poll, he shall seal up all the said ballot papers in separ- ate packets, and shall forthwith certify the result to the Returning Officer, who shall then declare to be elected the candidate having the highest number of votes ; and in case of an equality of Casting vote, votcs the Returning Officer shall give the casting vote, in like manner as provided in section sixty of " Tlie Dominion Elections Act, 1874." (h) Ite m'Se"Sntu ^^^ ^^^^ Returning Officer, after the receipt of after Judge's a uoticc from ths Judge of such re-count of bal- lots, shall delay making his return to the Clerk of the Crown in Chancery until he receives a certificate from the Judge of the result of such re-count, and upon receipt of such certificate, the Returning Officer shall proceed to make his return in the form of Schedule S of the said Act. (^) (0.) In case the re-count or addition does not so alter the result of the poll as to afiect the return, the Judge shall order the costs of the candidate, appearing to be electt \ to be paid by the applicant, and the said deposit shall be paid out to the said candidate on account thereof, so far as necessary, and the Judge shall tax the costs on giving his decision ; and if the deposit is insufficient, the party in whose favor costs are allowed shall have his action for the balance. Costs of re-count, how to be paid. (A) See note (2) page 16. ••v-v-v^j:- ,,^-.y ^;i. v • (t) The Act of 1874, required the Aetuming Officer to tranRmlt his rctarn to the Clerk of the Crown in Chancery, "within four days after" the verifi- oation or final addition of the votes. SCH. I.] BALLOT PAPER AND DIRECTIONS. 23 ' , , SCHEDULE I. Ballot Pcq'ier and Directions for Voting. Election for the Electoral District of DOE. I. John Doe, Township of Nepean, Courty of Car- le.ton, Yeoman. 18 . ROE. IL Richard Roe, of Town of Prescott, County of Gren- villti, Merchant. X STILES. III. Geoffrey Stiles, of 10 Sparks Street, Otta?fa, Physician. STILES. IV. John Stiles, of 3 Elgin Street, Ottawn, Barrister- at-Law. . , Tlie names of tfte candidates luill he as in tfie nomina- tion paper. There is to he no margin on the left side of the ballot paper; and the horizontal division lines will he carried to the edge of the paper on the right side. The elector is supposed to have viarked his hallot paper in favour of Richard Roe. The dMted tine will he a line of perforations for easily detoAihing the counterfoil. i4 GUIDE TO COUNTING BALLOTS. [SCH. I. DIKECTIONS FOR THE GUIDANCE OF ELECTORS IN VOTING. The voter is to vote only for one candidate, unless two members are to be returned for the Electoral District, in which case he may vote for one or for two candidates as he thinks fit. The voter will go into one of the compartments, and with a pencil there provided, place a cross in the division containiiig the name or names of the candidate or can- didates for whom he votes, tnus X . The voter will then fold the ballot, so as to show a portion of the back only, with the nuTtiber and the initials of the Deputy Keturning Officer ; he will close it in the usual way and deliver it to the Deputy Returning Officer, who will place it in the ballot box. The voter will then forthwith quit the polling station. - If a voter inadvertently spoils a ballot paper he can return it to the proper officer, who, on being satisfied of the fact, will give him ancob ;., If the voter votes for more candidates than he is entitled to vote for, or places any mark on the ballot paper by which he can afterwards be identified, his vote will be void, and will not be counted. - If the voter takes a ballot paper out of the polling station, or fraudulently puts any other paper into the ballot box than the ballot paper given him by the Deputy Returning Officer, he will be subject to be punished by fine of five hundred dollars, or by imprisonment for a term not exceeding six months, with or without hard labour." APP. A.] FAC SIMILES OF BALLOTS. APPENDIX A. 25 1. The following /ac similes of Ballot Papers were held to be valid, and were counted by the English Court or Common Pleas in the case of Woodivard v. Sarsons. The forms are taken from the report of the case in 44 L. J. C. P. 293. a 1 SARSONS. + + 2 WOODWARD. 1 SARSONS. X 2 WOODWARD. 1 SARSONS. X 2 WOODWARD. 1 X X SARSONS. X 2 WOODWARD. d 1 SARSONS. X IT 2 WOODWARD. / 1 SARSONS. 2 WOODWARD. X 9 The blotch or lower mark in these two ballots e and / was evidently a cross rubbecK out with a damp finger. ff .._'.,' ', 1, < ; 1 SARSONS. X 2 WOODWARD. A '' ' •' , 1 SARSONS. X X 2 WOODWARD. ThoKe two ballots g and h had CTidently been marked with a cross in ink and folded up^ tbareby making a corresponding nuurk on the other part of the paper. ^m 26 4 GUIDE TO COUNTING BALLOTS. [APP. A. 1 SARSONS. * 2 WOODWARD. SARSONS, W00I3TAII&. In the 'ballot j the naine " Woodward" had a pencil mark through it diagonally across I the paper. k I > SARSONS. ■2 X WOODWARD. IX SARSONS. 2 WOODWARD. m n 1 SARSONS. X2 WOODWARD. X 1 SARSONS. 2 WOODWARD. I X SARSONS. 2 WOODWARD. V 1 SARSONS. 1 WOODWARD. X This ballot 2> was torn through the middle in the place indicate^.b j^ the doited line. 2. The following forms of ballots were held to be invalid, and were rejected by the Court in the same case : — h a 1 SARSONS. Sanen 2 WOODWARD. 1 SARSONS. Sarsons 2 WOODWARD. APP. B.1 FAG SIMILES OF BALLOTS. d V 1 SARSONS. X 2 WOODWARD. This ballot bore the name of a voter, " E. Prews," which was a name on the Toters' List. 1 SARSONS. 2 WOODWARD. C.W.* X B. 1. The following fac similes of Ballot Papers were held to be valid, and were counted by the Court in the Monck Election Case under the Dominion Elections Act of 1874. See 12 Can. Law Jour. 114. I EDGAR. X II MoCALLUM. I EDGAR. MoCALLUM. I EDGAR. X 1 II MoCALLUM. X I X EDGAR. II MoCALLUM. I EDGAR. - II MoCALLUM. X I 1 EDGAR. 'V X II MoCALLUM. ^~- — This ballot was torn through in th« place indicated by the marked line. 28 GUIDE TO COUNTING BALLOTS. [APP. B. I EDGAR. nst II MoCALLUM. X The crosH had apparently been placed ibr " Edftar," but rubbed out and a cross then made for '* McCallum." I EDGAR. . II McCALLUM. X & The voter had apparently made a cross on the right of the outside line, and then rubbed it out and made a cross in the proper field. I EDGAR. . -/-Il- I EDGAR. II MoCALLUM. II McCALLUM. >^ I EDGAR. I EDGAR. 11 McCALLUM. V n II McCALLUM. X There was no cross on the face ot the ballot, but one on the back in the square for McCallum. I EDGAR. X # II McCALLUM. I EDGAR. II McCALLUM. X X I EDGAR. X II MoCALLUM. ' . > km APP. C] FAC SIMILES OF BALLOTS. X ) ot t ) aqua X \ A 2. The following forms of ballots were held to be invalid, and were rejected by the Court : — I EDGAR. X II McCALLUM. This ballot had the letters "A. D." on the back in addition to the initials of the Deputy Returning OfBcer. I EDGAll. George Otter. II McCALLUM. I EDGAR. / II McCALLUM. I EDGAR. II McCALLUM. Jacob KliDe. I EDGAR. 11 McCALLUM. // I EDGAR. II McCALLUM. I vote for Mc- Oallum c. 1. The following forms of Ballot are valid under the Ontario Elections Act : — Ix HODGINS. X 2 MUNROE. 1 HODGINS. X 2 MUNROE. X These Ballots were marked in ink for "Hodgini," but the cross blotted in folding, as marked . 1 HODGINS. \^ 2 MUNROE. I HODGINS. 2 MONROE. X i\ It 30 GUIDE TO COUNTING BALLOTS. [APP. C. ;' . 2. The following form of Ballots are invalid: — 1 HODGINS. 2 MUNROE. D A square instead of a cross. 1 HODGINS. 2 MUNROE. X Munro 1 HODGINS. X 2 MUNROE. " James W. Blain." The voter wrote his name on the Ballot Paper, 1 HODGINS. 2 MUNROE. 1 ■I r 5i! I! ib ■ 9 C" ^^mmmmmn Rfxently Published. /I Manual of th&Law Affecting Voters' Lists, For Parliamentary and Municipal r-:iections, with Practical Suggestions for the Revision of Voters' Lists. By Thos. Hodgins, Q.C. Price $ I. oo, free by mail. I I Dominion Elections Act of. 1874, and Amendments of 1878, Consolidated 25 cents, each. I ROWSELL & HUTCHISON, t<« 76 King Street, East, Toronto' .1*