Comment 105660

By Noted (anonymous) | Posted October 27, 2014 at 15:29:28

There are several provisions in the Ontario Election Act which make sharing a photo of a ballot illegal. Section 42 of the Act contains the following rules:

On posting your own ballot:

Elector not to display ballot
(4) Subject to sections 14 and 55, an elector shall not display his or her ballot to any person so as to indicate how the elector has voted. R.S.O. 1990, c. E.6, s. 42 (4).
On simply using a phone in a polling station:

Communications devices
(3.1) No person shall operate a communications device in a polling place unless he or she does so with the permission of the returning officer, obtained in advance. 1998, c. 9, s. 29.
And for those retweeting the offending photos:

Communicating information as to how elector is voting
(6) No person shall communicate any information obtained at a polling place as to the candidate for whom an elector is about to vote or has voted or whether the elector declined to vote. R.S.O. 1990, c. E.6, s. 42 (6).
Peter Berry, a spokesperson for Elections Ontario, told HuffPost Canada that violating any of these provisions of the Act is punishable with a fine of no more than $5,000. He said any media organization reproducing the photos could also be fined.

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