Ballot Access Expanded in Municipal Elections
The Ministerial Order issued by Québec’s Minister of Municipal Affairs, introduces several amendments to the Regulation respecting voting by mail under the Act respecting elections and referendums in municipalities. These amendments aim to clarify and make more flexible the procedures for mail-in voting in municipal elections and referendums across the province.
The most prominent change is the broadening of how voters can apply to vote by mail. Previously, applications had to be made in writing, but the revised regulation now permits both written and verbal applications to the returning officer. This makes access to mail-in voting more flexible and potentially more inclusive. Applications are valid for a single election or referendum and must be submitted by a fixed deadline—either by the last day for changes to the voters list or, if there is no revision period, by the twelfth day before polling.
Several sections have been updated to reflect this new flexibility. Language requiring written requests has been struck out, and related procedures have been clarified. For example, notices will now explicitly state that ballot papers will be sent by the clerk or returning officer no later than ten days before polling. The regulation also specifies conditions under which voters who do not receive their ballot papers in time can still obtain them. These safeguards are now better integrated and consistently worded across multiple sections.
Additional revisions include more precise administrative instructions. Section 9 changes the window during which ballots can be sent, now starting after the close of nominations rather than after revisions to the voter list. This aligns better with the overall election timeline. Section 10 provides a formal mechanism for electors who have not received their materials to contact the returning officer, who may send replacements if the voter is eligible and has not yet cast a ballot. These changes help prevent disenfranchisement due to mail delays or administrative errors.
In terms of handling ballots and voting materials, the amendments improve both clarity and security. Section 12 outlines that after the list of electors becomes official, the returning officer must provide the deputy returning officer of the postal polling station with a sealed ballot box containing all necessary materials, including a copy of the voter list, poll book, and relevant forms. The ballot box must have a slot that allows ballots to be inserted but not withdrawn before counting begins. A new section, 20.1, sets out that on the first day the postal polling station opens, the deputy returning officer and the poll clerk must together unseal the box to remove materials and reseal the empty box—further strengthening transparency.
This set of regulatory amendments updates the mail-in voting process, increases accessibility for electors, and aims to reinforce procedural safeguards.
Quebec (MO 2025) July 16, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.
