Rules to follow in provincial polling places

General rules

Polling places must be neutral; there must be no partisan demonstrations. The Election Act provides rules to prevent electors from being subjected to pressure or influence when they go to vote. Élections Québec establishes additional rules to ensure the voting process is efficient, to maintain secrecy of the vote, to protect the personal information of electors and to provide them with a peaceful voting environment.

In general, access to polling places is reserved for the following persons:

• Electors assigned to the polling place;
• Election officers;
• Candidates who observe the vote or the representatives they designate to do so on their behalf.

Any person in a polling place must follow the instructions of the polling place supervisor. The returning officer of the electoral division may also intervene.

Electors

In a polling place

An elector may not:

• Use any sign that could indicate their political affiliation or express support for or opposition to a party or candidate;
• Engage in partisan advertising:
  • on a physical medium (a poster, a pamphlet, clothing, a pin, a banner, a flag, etc.);
  • through interpersonal interactions, that is, gestures or words that could encourage electors to vote or not to vote for a candidate;
• Disclose whom they intend to vote for, whom they voted for, or who another person intends to vote for or voted for.

Inside the room where voting takes place

An elector may not:

• Use a mobile device, such as a mobile phone;
  • Unless such use is useful for voting (for example, an elector may present identification on their phone);
• Take photos, videos or audio recordings;
• Approach a voting table while an elector is exercising their right to vote.

An elector may:

• Be assisted by a close family member, particularly if they are unable to mark their ballot paper.

Candidates

In a polling place

A candidate must follow the same rules as an elector.

In addition, they may:

• Attend all activities related to voting or designate, by power of attorney, representatives to do so on their behalf;
• Be filmed or photographed by a media representative when casting their vote.

A candidate may not:

• Grant an interview to a media outlet, to avoid any risk of partisan advertising;
• Promote their candidacy;
• Encourage electors to vote for them.
  • However, a candidate may greet election officers and electors, provided they exercise restraint and avoid any partisan comments.

Media

Persons who work for a media outlet or whose main work is to inform the public may take photos and videos inside the voting room, given the essential role they play in our democratic society and their undeniable contribution to voter turnout. However, they may be denied access to a polling place if they do not comply with the established rules.

To have this privilege, they must:

1. Identify themselves, upon arrival, to the polling place supervisor (the officer in charge of information and order – PRIMO);
2. Specify the nature of their work (article, audiovisual report, etc.) and how they will disseminate the photos or videos to the public.

A media representative has a reasonable amount of time to take photos and videos: their presence inside the voting room must be brief and must not interfere with the polling proceedings. If there is heavy traffic, the polling place supervisor may ask them to wait before entering the voting room.

Inside the room where voting takes place

A media representative may:

• Film in silent mode or take photos of a polling place while respecting the right to privacy of election officers and electors;
• Shoot images of a candidate exercising their right to vote, with their consent;
  • These photos or videos may be taken on two occasions: when the candidate is behind the polling booth or when they deposit their ballot paper in the ballot box. The media representative must not disrupt the polling proceedings.

A media representative may not:

• Capture sound, to protect the personal information that electors must state aloud before voting;
• Take images of an excerpt from the list of electors, to protect the personal information of electors;
• Approach a polling station while an elector is exercising their right to vote, to maintain the secrecy of the vote;
• Ask electors whom they intend to vote for or who they voted for, since it is illegal to show support for or opposition to a party or candidate in a polling place;
• Conduct interviews or produce an audio or audiovisual report segment.

Outside the room where voting takes place

A media representative may:

• Take photos of electors entering and leaving the polling place;
• Record a report, broadcast content live or conduct interviews with electors without interfering with entry to the voting room.

They may not:

• Ask electors whom they intend to vote for or who they voted for, since it is illegal to show support for or opposition to a party or candidate in a polling place;
• Conduct interviews with a candidate, to avoid any risk of partisan advertising;
• Conduct interviews with election officers, who do not grant interviews. Interview requests must be addressed to the media relations service.

Penalties

When a person does not follow these rules in a polling place, the polling place supervisor has the authority to intervene. The returning officer of the electoral division may do so as well.

Ultimately, the Chief Electoral Officer may institute penal proceedings against a person who does not follow certain rules. Indeed, they act as a public prosecutor in the case of offences against the Québec electoral legislation.

The Election Act provides for the following offences in particular:

• A person who uses a sign to indicate their political affiliation or express support for or opposition to a party or candidate, or who engages in any other form of partisan advertising in a polling place, is liable to a fine of $500;
• A person who knowingly violates the secrecy of the vote or attempts to violate it is liable to a fine of $5,000 to $20,000 for a first offence. This offence also results in the loss of election rights for five years, including the right to vote and to run as a candidate;
• A person who prevents or attempts to prevent a voting operation is liable to a fine of $5,000 to $20,000 for a first offence. This offence also results in the loss of election rights for five years, including the right to vote and to run as a candidate.