Procedures for Voting and the Use of Vote Counting Equipment

Transcription

1 Procedures for Voting and the Created: May 28, 2010 Revised: December 21, 2017

2 Contents 1.0 Introduction Definitions Ward Elections Polls Voting Places Ballots Vote Tabulators Logic and Accuracy Testing Procedures at the Voting Place Prior to Opening the Voting Place Regular Voting Places Voting Procedures Greeter Revision Clerk Deputy Returning Officer Technical Deputy Returning Officer Close of Voting Procedures Closing the Vote Tabulator DRO Ballot Account Forms Collection of Application to Amend the Voters List Forms Completion of the Voting Place Supervisor Statement Items to be Placed in Auxiliary Compartment Election Supplies Advance Voting Handheld Controller Accessible Voting Technologies Advance Voting Accessible Voting Technologies Voting Day Candidates and Scrutineers Emergency Situations Tabulator Return Posting Results Recounts City Recount Policy (Section 56 (1.1.) Recount) Procedures for Voting and the Page 1 of 33

3 16.2 Tie Vote (Section 56 (1) Recount) Request from Municipality, Local Board or Minister (Section 57 Recount) By Order of the Superior Court of Justice (Section 58 Recount) Retention of Records Revision of Procedures Statement of Certification Procedures for Voting and the Page 2 of 33

4 1.0 Introduction The City Clerk is responsible for the conduct of municipal and school board elections in the City of Oshawa. The Clerk is required to ensure that the elections are conducted in accordance with the principles of the Municipal Elections Act, The principles are: Accessibility the election should be accessible to the Voters Integrity the integrity of the process should be maintained through the election Non-Biased the election should be fair and non-biased Certainty there is to be certainty that the results of the election reflect the votes cast Consistency Voters and Candidates should be treated fairly and consistently within a municipality Validity a proper majority vote decides the election by ensuring, so far as reasonably possible, that valid votes be counted and invalid votes be rejected Confidentiality the secrecy and confidentiality of the individual s vote is paramount In accordance with Section 42(3) of the Municipal Elections Act, 1996, the City Clerk is authorized to establish procedures and forms for the use of voting and vote counting equipment. For the 2018 Municipal Election, the City of Oshawa has contracted Dominion Voting Systems for the provision of optical scan Vote Tabulators. This technology has a proven record of reliability and has been used in municipal jurisdictions across Ontario and Canada. In conjunction with the optical scan Vote Tabulators, the City Clerk shall develop procedures to test and verify the accuracy of the tabulation reported by the vote counting equipment before such equipment is used during an Advanced Voting Day, or on Voting Day. The testing procedures are contained in the Vote Tabulator Logic and Accuracy Testing Procedure, which will be developed and approved prior to testing. 2.0 Definitions In this procedure, Act means the Municipal Elections Act, 1996, as amended. Advance Voting means the dates and times prior to Voting Day where an Advance Voting Place is open to the public for voting, as determined by the City Clerk. Advance Voting Place means a Voting Place that is open to the public for voting prior to Voting Day. Procedures for Voting and the Page 3 of 33

5 Ambiguous Mark means a mark that is insufficient in size or darkness to allow the Vote Tabulator to determine the intent of the Voter. Application to Amend the Voters List Form means a form used to add an applicant s name to the Voters List, correct an applicant s information on the Voters List, or delete an applicant s own name from the Voters List. Appointment of Scrutineer by Candidate Form means a form used by a Candidate to appoint another person to represent the Candidate at a Voting Place or Places. Appointment of Voting Proxy Form means a form used by an Elector to appoint another person who is a qualified Elector in the same municipality to vote on his or her behalf. Ballot means a piece of paper containing the names of the Candidates in relation to a specific Ward, and the office they are running for, as well as any questions submitted to electors as authorized by the Act. Ballot Box means a box (cardboard or otherwise) provided to an Election Official for the purpose of securely storing Ballots and other election documents. Ballot Marking Device means a device that produces a human and machine-readable marked paper Ballot from a standard Ballot, completely indistinguishable from a paper Ballot marked by hand. Ballot Marking Pen means the pen provided to the Voter by the DRO for the purposes of marking a Ballot within the Defined Areas on the Ballot. Blank Ballot means a Ballot without marks in any of the defined areas. Campaign Material means any material, regardless of format, that promotes or opposes any Candidate, or a response to any question on a Ballot or referendum and includes, but is not limited to, literature, banners, posters, pictures, buttons, clothing, signs, magnets, or vehicle decals. Candidate means a person who has filed a Nomination Paper that has been certified by the City Clerk. City Clerk means the individual appointed by City Council as City Clerk, and the individual responsible for conducting elections in the City of Oshawa pursuant to Section 11(1) of the Act, or his or her designate. Declaration of Identity Form means a form to be completed by persons who do not present the prescribed proof of identity and residence at the Voting Place. Procedures for Voting and the Page 4 of 33

6 Declined Ballot means a Ballot that is returned to the DRO by the voter because he or she has decided not to cast a Ballot. A Declined Ballot is not processed by the Vote Tabulator. Defined Area means the area within a circle, oval or other enclosed geometric shape that is filled in by the Voter in order to cast a vote. Designate means an individual delegated all, or a portion of the responsibilities of the City Clerk pursuant to Section 15 of the Act. DRO means Deputy Returning Officer and is a person delegated certain election duties/responsibilities by the City Clerk. DRO Ballot Account Form means a form that accounts for all Ballots provided to the DRO and issued to Voters throughout Voting Day. DRO Ballot Statement means a statement completed by each Deputy Returning Officer at the close of the Voting Place on which all Ballots either used, unused, Declined, cancelled, Misread, Remarked, or taken from the Voting Place are recorded and reconciled to the total number of Ballots provided to the Deputy Returning Officer by the City Clerk. Election Captain means a staff member of the City of Oshawa who has been delegated responsibility to manage multiple Voting Places in a Ward, or an Advance Voting Place. Election Official means a person who has been delegated or assigned election duties/responsibilities by the City Clerk. An Election Official may include an Election Captain, Voting Place Supervisor (VPS), Technical Deputy Returning Officer (TDRO), Deputy Returning Officer (DRO), Revision Clerk, or any other person delegated, in writing, certain election responsibilities. Election Results Centre means the area established at City Hall to receive Vote Tabulators and where the Memory Cards are removed and the election results downloaded and verified. Election Results Report means the report generated by a Vote Tabulator showing the total number of Ballots processed and the cumulative total of votes cast for each Candidate or Ballot question present on the Ballot. Election Supplies Return Centre means the Auditorium of the Oshawa Public Library McLaughlin Branch. Election Reporting System means the hardware and software used to capture voting results recorded on the Memory Card within a Vote Tabulator and then totalled with results from other Voting Places and displayed to the public. Procedures for Voting and the Page 5 of 33

7 Election Results Envelope means an envelope into which the original signed copies of the Voting Place Supervisor Statement, DRO Ballot Statements and Report Tapes generated by the Vote Tabulator are placed. Elector means a person who meets the qualifications to vote as determined under the Act and appears on the City of Oshawa Voters List, or is added to the List during the Revision Period, at an Advance Voting Place, or Voting Place. Handheld Controller means the accessible voting device equipped with Braille labels and buttons of different colours and shapes for visually-impaired Voters. Memory Card means a removable digital storage device sealed in a Vote Tabulator where all tabulated results are stored. The Memory Card is supplied by the manufacturer/supplier of the Vote Tabulator. Misread Ballot means a Ballot that cannot be read by a Vote Tabulator because of a defect with the Ballot, or inadvertent or intentional marks made by a Voter on the timing marks contained on the Ballot. Nomination Day means July 27, Numerical Record of Voters Who Have Voted Form means a form by which the Deputy Returning Officer maintains a numerical record of Voters who have received a Ballot. Over-vote means a Ballot or a race on a Ballot which contains more votes than the maximum number of votes permitted. Poll means a voting subdivision, as provided for in Section 18 of the Act. Remarked Ballot means a Ballot marked by the VPS to replace a Ballot containing an Ambiguous Mark where the Voter is not present. "Scrutineer" means a person appointed by a Candidate, using a Scrutineer Appointment Form, to observe the voting process at one or more Voting Places. "Secrecy Folder" means a cardboard or paper folder into which a Ballot can be placed to conceal the Voter s selections as marked on the face of the Ballot. Special Voting Place means a Voting Place on the premises of a retirement home, which on Nomination Day has beds that are occupied by 50 or more persons, or a Voting Place on the premises of institutions, which on Nomination Day have beds that are occupied by 20 or more persons who are disabled, chronically ill or infirm. Status Report means a report generated by a Vote Tabulator showing the total number of Ballots processed by the Vote Tabulator, but no information respecting the number of votes cast for any Candidate or Ballot question answer. Procedures for Voting and the Page 6 of 33

8 Technical Deputy Returning Officer (TDRO) means a person delegated primary responsibility by the City Clerk for the operation of the Vote Tabulator at a Voting Place. "Vote Tabulator" (Tabulator) means a device that optically scans Ballots to read and record votes and tabulate the results. Vote Tabulator Identification means a unique combination of Voting Place name and number. Vote Tabulator Station means the location where Vote Tabulators accept Ballots, record votes and tabulate the results. Voter means an Elector who accepts a Ballot at a Voting Place. Voter Identification means a document containing an individual s name and qualifying address as listed on Schedule 1 of Ontario Regulation 304/13. Voter Notification Card (VNC) is an informational card delivered to each address containing Electors whose names appear on the Voters List advising them of the Voting Place established for their place of residence on Voting Day. Voter Not Present Envelope means an envelope containing defective Ballots rejected by the Vote Tabulator that are either Remarked or cancelled by the VPS in the case where the Voter is not present. Voters List means a document prepared by the City Clerk, which lists the names and voting entitlement of eligible Electors as provided by the Municipal Property Assessment Corporation (MPAC) in accordance with the Act. Voting Area means the room within the Voting Place where Voting activities occur. Voting Day means October 22, Voting Place means the physical location (building) and property (where appropriate) designated by the City Clerk where Voters may attend to vote. Voting Place Supervisor (VPS) means a person delegated duties and responsibilities by the City Clerk with respect to the management of operations at the Voting Place. Voting Place Supervisor Statement means a statement completed by the Voting Place Supervisor after the close of voting on Voting Day on which all Ballots either used, unused, cancelled, Declined, Misread, Remarked, or taken from the Voting Place for each DRO are recorded and reconciled to the total number of Ballots provided by the City Clerk. Voting Proxy means a qualified elector who is appointed by another person in his or her municipality to Vote on his or her behalf. Procedures for Voting and the Page 7 of 33

9 Voting Screen means the space within the Voting Area where a Voter marks his or her Ballot in secret behind a screened enclosure. Ward means a defined area established within the City used to elect representatives. Zero Totals Report means the printed record that is generated from the Memory Card within the Vote Tabulator indicating that there are no votes cast for any Candidate, Bylaw, or question. 3.0 Ward Elections Following the Ward Boundary Review completed in 2017, the City of Oshawa chose to return to Ward elections following the use of at-large voting in 2010 and Candidates in the 2018 Municipal Elections in the City of Oshawa will be elected to represent five Wards. Voters residing across the entire City of Oshawa will elect a Regional and City Councillor and a City Councillor for their particular Ward. The Mayor and Regional Chair will continue to be elected at large. Voters who are eligible to vote in a school board election will also elect the School Board Trustees for school boards. 4.0 Polls For election purposes, the Wards in the City of Oshawa are divided into Polls. In accordance with the Act, the City Clerk shall prepare a Voters List containing the names of all Electors eligible to vote within the City and the Poll at which they shall vote. In conjunction with the Voters List, the City Clerk will prepare and make available a map identifying the boundaries of all Wards and Polls within the City of Oshawa. 5.0 Voting Places Voters shall attend a Voting Place determined by the City Clerk to cast their Ballot. Where possible, Voting Places shall be located within or in close proximity to the Poll and in facilities that are accessible to persons with disabilities. On Voting Day, Voting Places will be open for the Electors to vote from 10:00 a.m. until 8:00 p.m. The City Clerk shall establish Special Voting Places on the premises of retirement homes, which on September 1 have beds that are occupied by 50 or more persons. The City Clerk shall also establish Special Voting Places on the premises of institutions, which on September 1 have beds that are occupied by 20 or more persons who are disabled, chronically ill or infirm. The City Clerk may reduce hours of voting for Special Voting Places on Voting Day. Advance Voting Places shall be established where Electors can cast their Ballot prior to Voting Day. These Advance Voting Places will include locations at or in close proximity to multi-residential buildings. Public notice will be provided concerning the location, dates and voting hours for each Advance Voting Place. Procedures for Voting and the Page 8 of 33

10 6.0 Ballots The Ballots to be used in conjunction with the Vote Tabulators will be printed on 8.5 x 11 paper. The Ballot size may be increased to 8.5 x 14 or larger where there are a large number of Candidates. The City Clerk at his or her sole discretion may determine that an individual Ballot be used for one or a combination of offices. The City Clerk has sole discretion to select the paper and colouring of the Ballots. Ballots will contain the names of all certified Candidates, except where a Candidate has been elected by acclamation. The Candidates names for each office shall appear on the Ballot in alphabetical order based on their surnames and, in the case of identical surnames, by their forenames. There will be a Defined Area (oval, circle or similar shape) to the right of each Candidate s name suitable for the Voter to mark the Candidate of their choice. If a Candidate wishes and the City Clerk agrees, another name that the Candidate also uses may appear on the Ballot instead of, or in addition to, his or her legal name. No reference to a Candidate s occupation, degree, title, honour or decoration will appear on the Ballot. If the names of two or more Candidates for an office are identical or in the City Clerk s opinion so similar as to cause possible confusion, every Candidate s qualifying address will appear under his or her name. 7.0 Vote Tabulators Each Voting Place other than Special Voting Places shall have at least one Vote Tabulator. Vote Tabulators will also be used at each Advance Voting Place. Vote Tabulators will not be used at Special Voting Places due to the small number of Electors. All Ballots cast at a Special Voting Place will be sealed in the Ballot Box and transported by the respective Election Officials to a Voting Place determined/identified by the City Clerk and tabulated at the close of Voting using the Vote Tabulator at that Voting Place. 8.0 Logic and Accuracy Testing Prior to use in any Voting activities, each Vote Tabulator shall be tested to ensure it accurately scans and counts Ballots as intended by the Voter. The certification process shall be completed as outlined in the Vote Tabulator Logic and Accuracy Testing Procedure, which will be developed and approved by the City Clerk prior to testing. When approved by the City Clerk, the procedures will be circulated to Candidates and made available online at Procedures at the Voting Place 9.1 Prior to Opening the Voting Place Regular Voting Places Every Voting Place will have a VPS who will supervise and direct activities within the Voting Place and a TDRO who will be responsible for the proper functioning and use of the Vote Tabulator. Prior to opening the Voting Place, the VPS and TDRO shall: Procedures for Voting and the Page 9 of 33

11 a) Ask all Election Officials and any Candidates or Scrutineers present to congregate at the Vote Tabulator Station; b) Confirm both Ballot Box compartments are empty; c) Seal the Ballot Box using the seals provided in the TDRO supplies kit. Place the seals entitled Ballot Box Seal - During Voting Hours on the Ballot Box, fill in the Poll information and sign, along with the VPS, above the line that states Technical Deputy Returning Officer Signature. The seals are to be placed in such a manner so that the Ballot Box cannot be opened without breaking or tampering with the seal; d) A Candidate or his or her Scrutineer may initial the seal placed on the Vote Tabulator stand by the TDRO; e) Verify the integrity of the seals used to secure the Memory Cards; f) Plug the power adapter into the extension cord. Plug the extension cord into the wall which will turn on the Vote Tabulator. g) Place the Vote Tabulator onto the Ballot Box and affix and sign the During Voting Hours seals on both sides of the Vote Tabulator in order to prevent any Ballots from being inserted into the Ballot Box without first being processed through the Vote Tabulator; h) Once the election files have been loaded, the Vote Tabulator will emit an audible beep and display Please insert Security Key to authenticate election files ; i) Enter the device password using the keypad on the operator screen; j) Press Enter when complete, or Cancel/Clear to correct an error; k) Confirm the accuracy of the date and time and adjust if required; l) Generate a Zero Totals Report: i. From the Administrative Menu press the Utilities button, then press the Reports button. ii. Select Election Report. Press the Zero button to print the Zero Totals Report. Choose the number of copies required using the keypad (1 copy for inspection by a Candidate or Scrutineer who is present). Press the Enter button to print the reports; m) Remove the first Zero Totals Report and give it to the VPS, who will verify that the heading at the top of the Zero Totals Report indicates the correct Voting Place, lists all Candidates/offices and any questions on the Ballot in the exact order as they appear on the Ballot, and all totals are 0 ; n) Along with the VPS, check the Ballots Cast counter on the operator screen of the Vote Tabulator to ensure it displays zero; o) Along with the VPS, sign the Zero Totals Report. Any Candidates or Scrutineers present may also sign the Zero Totals Report. Once signed, the VPS will affix one copy in a location that is visible to Candidates, Scrutineers and Electors Procedures for Voting and the Page 10 of 33

12 throughout the day; p) The second Zero Totals Report (or the last Zero Totals Report printed if additional copies are requested by a Candidate/Scrutineer) must remain attached to the Vote Tabulator until after the close of voting. The Zero Totals Report may be rolled and paper clipped to avoid it being ripped or damaged. q) To open the Poll, press the Open Poll button displayed on the Administrative Menu. r) The Vote Tabulator will prompt the TDRO to print additional reports. They will press the Cancel button on the operator screen to open the Poll. s) The Vote Tabulator will display System Ready on the operator screen, indicating that the Vote Tabulator is ready to accept Ballots. 9.2 Voting Procedures Greeter The Greeter will welcome each Voter to the Voting Place. If the Elector possesses a VNC, the Greeter will direct him or her to the Ballot issuing area where the DROs are waiting to serve them. If the Elector does not possess a VNC and is not sure if he or she is on the Voters List, the Greeter will direct the Elector to the Revision Clerk who will verify whether he or she is on the Voters List. If the Elector shows the Greeter the white copy of a completed Application to Amend the Voters List Form, the Greeter will direct the Elector to the appropriate DRO Revision Clerk If the Elector does not appear on the Voters List, or his or her information is listed incorrectly, he or she will be required to complete an Application to Amend the Voters List Form to add his or her name, or correct his or her information on the Voters List. The Revision Clerk will request Voter Identification to verify the identity of the applicant. If the Elector cannot produce acceptable Voter Identification, the Revision Clerk will advise the Elector that he or she will be required to complete a Declaration of Identity Form with the DRO prior to receiving a Ballot. The Revision Clerk will verify with the Elector whether he or she needs to be added to the Voters List, or correct the information contained on the Voters List and check the appropriate box on the application form. The Revision Clerk will ensure the application contains the applicant s date of birth, which will allow City Clerk Services to distinguish between two Electors with an identical name. Procedures for Voting and the Page 11 of 33

13 The Revision Clerk will record the Elector s current address in Oshawa for which he or she is qualified to vote. The Revision Clerk will confirm with the Elector whether he or she is the owner/tenant/resident, or spouse of the owner/tenant at the qualifying address. If the Elector previously resided at another qualifying address within the City of Oshawa, the Revision Clerk will record the previous qualifying address in the event he or she is still on the Voters List at an old address. The Revision Clerk will ask the Elector questions concerning his or her school board support to ensure the Elector is issued the correct Ballot. The Revision Clerk will ask the Elector to read the declaration on the Application to Amend the Voters List Form out loud or silently. Upon completion the Revision Clerk will ask the Elector Do you declare this to be true? If the Elector says yes, the Revision Clerk will ask the Elector to sign and date the form. If the Elector replies no, the Revision Clerk will check the Declined box, indicate in the reason box that the Elector refused to affirm the declaration and ask the individual to leave the Voting Place. If the Revision Clerk is satisfied that the Elector is entitled to have his or her name added to the Voters List or his or her information corrected, the Revision Clerk will check the Approved box, sign and date the form and provide the Elector with the white copy of the application form. The Elector will be directed by the Revision Clerk to proceed to the Deputy Returning Officer who is responsible for issuing Ballots. The yellow copy of the form will be retained and placed in the Application to Amend the Voters List Forms envelope. If the Revision Clerk determines that the Elector does not meet the legislated requirements in order to have his or her name added to the List or have his or her information corrected, the Revision Clerk will check the Refused box, outline the reason for the refusal on the form, sign and date the form and provide the white copy of the Form to the Elector Deputy Returning Officer Each DRO will be assigned responsibility for issuing Ballots to a range of Electors. When an Elector attends at the appropriate DRO station, the DRO will require each Elector to provide Voter Identification. If an Elector is on the Voter s List but is unable to provide acceptable Voter Identification, the DRO will require the Elector to complete a Declaration of Identity Form prior to a Ballot being issued. The DRO will then confirm that the Elector s name is shown on the Voters List. Once the Elector s name has been located on the Voters List, the DRO will review the School Support column to determine the type of Ballot to be issued. If the Elector is a French language school board supporter, the DRO will inquire with the Elector as to Procedures for Voting and the Page 12 of 33

14 whether he or she has voted for a French School Board Trustee within the same school board area in another municipality. If yes, the DRO shall issue a No School Support Ballot to the Elector. If the Elector has not already voted, the DRO will then cross a line through the Elector s name on the Voters List to indicate that a Ballot has been issued. If the Voter refuses to take the Declaration of Identity, he or she will not be given a ballot and refused to take oath shall be noted on the Voters List. On the Numerical Record of Voters Who Have Voted Form, the DRO will place a diagonal mark across the printed figure corresponding to the number of Voters to whom the DRO has issued a Ballot. The DRO will provide the Voter with a Secrecy Folder containing the appropriate Ballot and a Ballot Marking Pen and will advise the Voter that he or she will need to completely fill in the Defined Area located to the right of the name of the Candidate(s) for which he or she wishes to vote. The DRO will note to the Voter that once he or she has completed marking the Ballot, it is to be delivered to the TDRO with the top of the Ballot containing the DRO initials visible. The TDRO will then process the Ballot through the Vote Tabulator. a) Declined Ballot If a Voter receives a Ballot and returns the Ballot to the DRO and states that he or she is declining to vote, the DRO will write Declined on the Ballot, place the Ballot in the Cancelled Ballots envelope, and ask the Voter to leave the Voting Place. The DRO will then write Declined Vote opposite the Voters name on the Voters List. The Voter is not entitled to receive another Ballot if he or she returns to the Voting Place. b) Over-Voted Ballots If a Voter Over-votes for any race, the Vote Tabulator will alert the TDRO of the fact that they have Over-voted for one or more races. The TRDO will clarify with the Voter if that is the Voter s intent. If it is not, the TDRO will return the Ballot out of the Vote Tabulator, write Cancelled on the top of the Ballot and direct the Voter back to the DRO who issued the original Ballot for a replacement. The DRO will place the Ballot in the Cancelled Ballots envelope and issue a new Ballot to the Voter. c) Misread Ballot If the Ballot is rejected by the Vote Tabulator because it is misread or has been marked in a way that prevents it from being processed, the TDRO will mark the Ballot Misread and will direct the Voter to the DRO who issued the original Ballot for a replacement. The DRO will place the Ballot in the Cancelled Ballots envelope and issue a new Ballot to the Voter. d) Voting Proxy If an Elector is unable to vote in person, he or she may choose to appoint another qualified Elector to vote on his or her behalf. The appointment must be completed using Procedures for Voting and the Page 13 of 33

15 the prescribed Appointment of Voting Proxy Form, in accordance with the City Clerks procedures for appointing a Voting Proxy. An Elector who has been appointed as a Voting Proxy is entitled to: Receive a Ballot provided the Elector he or she is voting on behalf of is on the Voters List at that Voting Place; and, Receive a Ballot at his or her own Voting Place to cast his or her own vote. A Voting Proxy may only act as a proxy for: One Elector who is not a relative; or, One or more Electors who are immediate family members, including spouses, siblings, parents, children, grandparents, or grandchildren. Upon receipt of an Appointment of Voting Proxy Form, the DRO will request identification (as defined in Voter Identification ) to verify the identity of the proxy. He or she will verify that the form has been certified by the City Clerk and will administer the oath. The DRO will write Proxy Voter Affirmed opposite the Voter s name on the Voters List and will follow the normal process for issuing a Ballot. The DRO will retain the Appointment of Voting Proxy Form and will place it in the envelope marked Declaration of Identity/Appointment of Voting Proxy Forms. e) Where Voting is Objected If a Candidate, Scrutineer or Election Official questions or objects to an Elector s eligibility to vote, or their identity, the DRO will record the name of the individual who is objecting and the nature of the objection on the Voters List. The DRO will require the Voter to complete the prescribed Oral Oath of Qualification. If the Elector refuses to complete the oath, the DRO will write the words Refused to Affirm on the Voters List and will not issue a Ballot. If the Elector completes the oath, the DRO will write the words Affirmed on the Voters List and will issue the appropriate Ballot. f) Where it Appears Another Person has Voted If an Elector applies for a Ballot and the Voters List indicates that the Elector has already cast a Ballot, but the Elector states that they have not voted, the DRO will administer the Oral Oath of Qualification and write the word Affirmed opposite the Voter s name on the Voters List. The DRO will then issue a Ballot to the Voter. If the Elector refuses to complete the oath, the DRO will write Refused to Affirm on the Voters List and will not issue a Ballot Technical Deputy Returning Officer Once a Voter has finished marking his or her Ballot, he or she will deliver the Ballot within the Secrecy Folder to the TDRO. The TDRO will ask the Voter to remain at the Procedures for Voting and the Page 14 of 33

16 Vote Tabulator Station until the Ballot has been processed. In the presence of the Voter, and without removing the Ballot from the Secrecy Folder, the TDRO will verify the initials of the DRO on the Ballot and insert the Secrecy Folder into the feed area of the Vote Tabulator face down until the Vote Tabulator draws the Ballot from the Secrecy Folder. If the Ballot is processed successfully, the TDRO will thank the Voter and ask the Voter to leave the Voting Place. If the Ballot is not processed successfully, as outlined below, the TDRO will explain to the Voter why the Ballot was not accepted, based on the message provided by the Vote Tabulator, and offer the Voter the opportunity to receive a new Ballot, if required. a) Jammed Ballots If a Ballot gets stuck in the Vote Tabulator, the operator screen will display Paper Jam Detected and will not accept any Ballots for insertion until the jam has been cleared. Ballots which jam at the front slot facing the TDRO have not been counted and shall not be permitted to fall into the Ballot Box. In order to resolve a jam occurring in the front slot, the TDRO should gently remove the Ballot and re-insert it into the Tabulator. The TDRO should not have to break a seal to clear a jam. Ballots which jam at the exit slot facing the Ballot Box and cannot be accessed from the front of the Vote Tabulator have been scanned, the results saved and the counter increased and should be deposited into the Ballot Box once the jam has been cleared. The Ballot causing the jam shall not be permitted to pass through the Vote Tabulator again. Jams occurring in the exit slot may require seals applied to secure the Vote Tabulator to the Ballot Box to be broken. To clear a paper jam, the TDRO will use the following procedure: Position the Secrecy Folder over the Ballot to preserve the secrecy of the Voter s choices; Review the message displayed on the operator screen of the Vote Tabulator to determine where the jam has occurred; If the Ballot can be accessed from the front of the Vote Tabulator, carefully pull the Ballot out, press the Cleared button to clear the jam message and, if the Ballot is undamaged, attempt to reinsert the Ballot into the Vote Tabulator; If the Ballot is damaged, explain to the Voter that the Ballot was damaged and needs to be remarked. Write Cancelled on the Ballot and direct the Voter to the DRO who will issue a new Ballot; If the Vote Tabulator fails to clear the jam after three attempts, the TDRO will advise the VPS of the issue and continue attempting to clear the jam. After five attempts to clear the jam the Vote Tabulator will display the message Paper Jam Procedures for Voting and the Page 15 of 33

17 Still Exists with the Shut Down button in the lower right corner; Press the Shut Down button to turn off the Vote Tabulator; Notify the VPS of the issue with the Vote Tabulator and the need to break the seals to clear the jam. Follow the procedures as outlined in the Breaking Ballot Box Seals section. If the TDRO cannot clear a paper jam, he or she will not halt the voting process. The TDRO will continue feeding any Ballots delivered by Voters into the auxiliary compartment until the jam is resolved. b) Loss of Power In the event of a loss of power, the Vote Tabulator features an internal backup battery which allows the Vote Tabulator to continue accepting Ballots for approximately 2 hours. During this time, a battery will be displayed in the top left corner of the operator display and the LED status lights on the front of the Vote Tabulator will be orange. If the power outage lasts beyond the 2 hour window, the Vote Tabulator will prompt the TDRO to shut down the Vote Tabulator. If this occurs, the TDRO will press the Shutdown button to turn off the Vote Tabulator and unplug the power supply from the wall. He or she will continue processing Ballots into the auxiliary compartment of the Ballot Box. When power is restored, the TDRO will plug the power supply back into the wall. This will turn the Vote Tabulator on. The TDRO, in the presence of the VPS and any interested Candidates or Scrutineers in attendance, will proceed as follows to re-open the Poll: Once the election files have been loaded, the Vote Tabulator will emit an audible beep and display Please insert Security Key to authenticate election files ; The TDRO will press the Security Key to the Vote Tabulator and enter the device password and press Enter when complete. The TDRO will confirm the date and time if prompted; Once complete, the Vote Tabulator will display the Administrative Menu; The TDRO will press the Open Poll button to re-open the Poll. The Vote Tabulator will alert the TDRO to the fact that the Poll is already open and that the results are not zero. The TDRO will press the Confirm button to confirm the reopening of the Poll; Procedures for Voting and the Page 16 of 33

18 The Vote Tabulator will generate a Status Report displaying the Voting Place information and the number of total Ballots cast. The TDRO will review the report to ensure the Total Ballots cast line equals the number of Ballots Cast displayed on the operator display. If the numbers match, the TDRO will sign the report along with the VPS; Candidates or Scrutineers may visually inspect the report and initial it if they choose; The TDRO will press the No button when prompted to generate additional copies of the report; The Vote Tabulator should read System Ready on the operator display and is now ready to accept Ballots. c) Breaking Ballot Box Seals There are circumstances that may require the seals securing the Vote Tabulator to the Ballot Box to be broken. These circumstances include a Ballot jammed in the exit slot at the rear of the Vote Tabulator, or an error or failure which requires the complete replacement of the Vote Tabulator. In the event that the seals need to be broken, the TDRO will utilize the following procedure: Ensure that the following individuals are present to observe the process: Voting Place Supervisor; All interested Scrutineers or Candidates who are present in the Voting Place; Break each seal securing the Vote Tabulator to the Ballot Box; Resolve the error which required the seals to be broken (either by clearing the jam or by replacing the Vote Tabulator); Place the Vote Tabulator back into position on the Ballot Box; Sign and reapply the appropriate number of seals to ensure that no Ballots can be deposited into the Ballot Box without first passing through the Vote Tabulator; Once the Vote Tabulator is again operational, feed each Ballot delivered to the TDRO by a Voter into the Vote Tabulator; If the issue with the Vote Tabulator is not resolved, the VPS will contact City Clerk Services for additional technical support and the TDRO will continue accepting Ballots using the auxiliary compartment. d) Vote Tabulator Must be Replaced If the Vote Tabulator must be replaced, the TDRO will advise the VPS immediately and he or she will contact City Clerk staff for assistance. If a replacement Tabulator is required, City Clerk staff will arrange for it to be delivered to the Poll. Replacement Procedures for Voting and the Page 17 of 33

19 Tabulators will have been tested in accordance with the Tabulator testing procedures prior to Voting Day. While waiting for the replacement Tabulator, the TDRO will open the auxiliary compartment on the Ballot Box to continue the voting process. Once the Vote Tabulator is replaced, the TDRO will follow the procedures for setting up the Vote Tabulator as outlined at the beginning of Section 9. All Ballots received by the TDRO and placed in the auxiliary compartment while the Vote Tabulator was inoperable will be processed through the replacement Vote Tabulator at the close of voting. e) Blank Ballot If the Vote Tabulator detects a Blank Ballot, the TDRO will explain to the Voter that no marks were detected on the Ballot, and: a) Ask the Voter if they would like the Ballot returned and advise the Voter that once the Ballot is accepted by the Vote Tabulator the Voter will not receive a new Ballot; b) If the Ballot is returned to the Voter, instruct the Voter concerning the Ballot marking process and allow the Voter to return to the Voting Area to mark the Ballot correctly; or, c) If the Voter indicates that he or she would like to cast a blank Ballot, allow the Vote Tabulator to accept the Ballot. d) If the Voter is not present to re-examine and properly mark his or her Ballot, the TDRO will allow the Vote Tabulator to accept the Ballot using the Cast button. f) Ambiguous Mark If the Vote Tabulator detects an Ambiguous Mark, it will automatically return the Ballot. The TDRO will explain to the Voter that the Ballot was not counted because an Ambiguous Mark was detected and the Voter s intent cannot be determined for one or more races. There are two possible types of Ambiguous Marks: a) The Voter has made a mark that is too light or too small which needs to be darkened in order to be clearly counted as a vote. In this case, the TDRO will ask the Voter to review the Ballot to ensure it is clearly marked in the Defined Area provided and allow the Voter to return to the Voting Screen to mark the Ballot correctly. b) The Voter has inadvertently made a small mark in a Defined Area where he or she had not intended to, in which case the TRDO will mark the Ballot Cancelled and direct the Voter to the DRO to obtain a new Ballot in order to ensure all Defined Areas are blank except for the ones they have clearly marked as votes. The DRO shall mark the Ballot Cancelled, place the Ballot in the Cancelled Procedures for Voting and the Page 18 of 33

20 Ballots envelope, provide another Ballot to the Voter, and provide instructions to the Voter on how to properly mark the Ballot. c) If the Voter declines the opportunity to re-mark a replacement Ballot, he or she will be directed to the DRO, who will follow the process for Declined Ballots. If the Voter is not present to re-examine or be issued a replacement Ballot, the TDRO will place the Ballot into the Voter Not Present envelope. g) Over-Voted Ballot If the Vote Tabulator detects more votes for an office or question than is allowed, the TDRO will explain to the Voter the Ballot has not yet been counted because the Voter has filled in too many choices. It may be that the Voter has inadvertently made a mark where the Vote Tabulator can read it. The TDRO will: a) Offer the Voter the choice of having the Ballot returned or accepted by the Vote Tabulator (in which case only the correctly marked offices will be tabulated) and explain that once the Ballot is accepted, the Voter cannot receive a new Ballot; b) If the Voter requests the Ballot be returned, the TDRO shall press the Return button and return the Ballot from the Vote Tabulator into the Secrecy Folder and mark the Ballot Cancelled. The Voter shall return the Ballot to the DRO who shall place the Ballot in the Cancelled Ballots envelope, deliver another Ballot to the Voter, and provide instructions to the Voter on how to properly mark the Ballot; or, c) If Over-Voting is the Voter s intention, the TDRO will allow the Vote Tabulator to accept the Ballot by pressing the Cast button. The Vote Tabulator will not record the votes with respect to Candidates and questions for which the Voter has Over-Voted, but will accept votes for Candidates and questions where there is no Over-Vote. d) If the Voter is not present to re-examine and be issued a replacement Ballot, the TDRO will allow the Vote Tabulator to accept the Ballot using the Vote Tabulator Cast button. h) Misread Ballot If the Ballot is rejected by the Vote Tabulator because it is misread, has been marked in a way that prevents it from being processed, or is damaged or defective, the TDRO will mark the Ballot Misread and will direct the Voter to the DRO who issued the original Ballot for a replacement. The DRO will place the Ballot in the Cancelled Ballots envelope and issue a new Ballot to the Voter. If the Voter declines the opportunity for a replacement Ballot, he or she will be directed to the DRO, who will follow the process for a Declined Ballot. If the Voter is not present to be issued a replacement Ballot, the TDRO will place the Ballot into the Voter Not Present envelope. Procedures for Voting and the Page 19 of 33

21 9.3 Close of Voting Procedures At 8:00 p.m. sharp, the VPS will declare the Voting Place closed, shall ensure that only authorized individuals remain in the Voting Area and shall close the doors. All Electors who are inside the Voting Area or in line to enter the Voting Area at 8:00 p.m. are entitled to vote. The VPS will ask that any Ballots that have not been processed through the Vote Tabulator be brought forward as soon as possible. The only people entitled to remain in the Voting Area for the tabulation of election results are Election Officials and any Candidates or Scrutineers who were in the Voting Area prior to the close of the doors at 8:00 p.m. No individual (Electors, Scrutineers, Candidates or spouses) may enter the Voting Area after 8:00 p.m. to witness the count and no Candidate or Scrutineer who leaves the Voting Area after the close of voting shall be permitted to re-enter. Once the remaining Voters have cast their Ballots and left the Voting Area, the TDRO will open the auxiliary compartment of the Ballot Box and process any Ballots which were deposited in the compartment throughout the day. The VPS will be in attendance at the Vote Tabulator during this process in the event there are any Ballots which are rejected by the Vote Tabulator, due to Ambiguous Marks or a Misread Ballot. If there are Ballots which are rejected by the Vote Tabulator, the TDRO will add them to the Voter Not Present envelope and shall provide the envelope to the VPS for review. The VPS will review valid votes on those Ballots contained in the Voter Not Present envelope. He or she will write Defective 1 on the Ballot and assess whether the intention of the Voter can be determined. If it can be determined, the VPS will obtain a new Ballot from the DRO, mark it with the Voter s intended choice, and write Remarked 1 on the Ballot so that it will not cause the Vote Tabulator to have difficulties processing the Ballot. He or she will provide it in the Secrecy Folder to the TDRO. The TDRO will process the Ballot through the Vote Tabulator. The VPS will remain at the Vote Tabulator Station until the Ballot has been processed and will return the Defective and Remarked Ballots to the Voter Not Present envelope. Any further Defective Ballots will be numbered sequentially so that Defective and Remarked Ballots can be matched accordingly. If the VPS cannot determine the intention of the Voter, he or she will provide the Ballot to the TDRO, who will write cancelled on the top of the Ballot. The DRO will return the Ballot to the Voter Not Present envelope Closing the Vote Tabulator After all Ballots have been processed through the Vote Tabulator, the TDRO will contact the security key to the sensor located on the top of the Vote Tabulator. From the Administrative Menu, the TDRO will select the Close option and enter the device password to close the Poll, followed by the Enter button. Procedures for Voting and the Page 20 of 33

22 The Vote Tabulator will prompt the TDRO to confirm that he or she wishes to close the Poll. Once the Poll has been closed, the Poll cannot be reopened without administrator privileges. The TDRO will press the Yes button to close the Poll. The Vote Tabulator will automatically print one copy of the Election Results Report, attached to the Zero Totals Report, which will be signed by the TDRO and VPS, as well as any Candidates or Scrutineers who wish to do so. The Election Results Report and Zero Totals Report will be provided to the VPS who will append the reports to the VPS Statement. The Vote Tabulator will ask the TDRO if he or she wishes to print additional copies of the Election Results Report. The TDRO will press Yes to print an additional copy and will sign the second Election Results Report, along with the VPS, and shall provide it to the VPS to be attached to the duplicate copy of the VPS Statement once completed. The TDRO will also print one additional copy of the Election Results Report for any Candidates or Scrutineers present to inspect. Once the additional copy has been printed, the TDRO will press the No button to exit the results printing screen and will be returned to the Administrative Menu. The TDRO will then press the Power Down button to power off the Vote Tabulator. Before doing so, the Vote Tabulator will ask the TDRO to confirm the direction to power off the Vote Tabulator. The TDRO shall press the Yes button to confirm the direction to shut down the Vote Tabulator. The TDRO will place four seals titled Ballot Box Seal After Close of Vote on the Ballot Box, ensuring that no additional Ballots can be placed in the Ballot Box and that it cannot be re-opened without breaking the seals. The TDRO will fill in the Ward and Poll information and sign the seal, along with the VPS, in the respective spaces provided. The TDRO will pack up the Vote Tabulator, with the Memory Cards intact, and transport the Vote Tabulator back to the Election Results Centre at City Hall. The TDRO will provide the Vote Tabulator to City Clerk Services Election Officials and shall remain at City Hall until the Voting Place results have been verified and uploaded to the City s Election Reporting System DRO Ballot Account Forms Each DRO will be required to successfully complete a DRO Ballot Account Form. Once completed, the DRO will provide the form to the VPS for use in completing the Voting Place Supervisor Statement Collection of Application to Amend the Voters List Forms Each Revision Clerk will provide the VPS with the duplicate copy of each Application to Amend the Voters List Form he or she completed throughout the day. Procedures for Voting and the Page 21 of 33

23 9.3.4 Completion of the Voting Place Supervisor Statement The VPS will be required to complete a Voting Place Supervisor Statement using information contained on each DRO Ballot Account Form, or Special DRO Ballot Account Form. To complete the Voting Place Supervisor Statement, the VPS will complete the following steps: 1. Record the VPS name, Ward, and Poll information at the top of the form. 2. Record the total number of Ballots provided by the City Clerk in Column 1 for each DRO or Special DRO. 3. Record the Total Number of Unused, Cancelled, Misread and Declined Ballots for each DRO or Special DRO in Columns 2 to 5. Record the total of Remarked Ballots in column 7. Record the name of each DRO or Special DRO in Column Record the Total Tabulated Columns from Line 17 on the DRO Ballot Account Form and Line 19 on the Special DRO Ballot Account Form in Column Record the Total Number of Ballots Tabulated by the Vote Tabulator on Line 12. It is imperative that the VPS Statement balance prior to packing up the remainder of the Voting Place. If the VPS Statement does not balance, the VPS will start again from Step Once the VPS Statement is balanced, the VPS will have each DRO initial in Column 10 beside his or her name in Column The VPS will place the white copy of the completed VPS Statement with the Election Results Report attached into the Election Results envelope, along with the Voters Lists and the documents provided by each DRO, Special DRO and Revision Clerk. 8. The duplicate copy of the completed VPS Statement with the second copy of the Election Results Report attached will be placed in the Envelope for the Auxiliary Compartment of the Ballot Box Items to be Placed in Auxiliary Compartment The following items will be placed in the Envelope for Auxiliary Compartment of the Ballot Box : Duplicate copy of the VPS Statement with duplicate copy of the Election Results Report attached. Duplicate copy of each DRO Ballot Account Form. Duplicate copy of each Numerical Record of Voters Who Have Voted Form. Duplicate copy of each Certificate and Receipt for Ballots Form. Each Cancelled Ballots envelope containing all cancelled, misread and declined Ballots for each DRO or Special DRO. Procedures for Voting and the Page 22 of 33

24 The Voter Not Present envelope All Appointment of Voting Proxy Forms. Every copy of the Voters List used at the Voting Place. All Declaration of Identity Forms. Once all items identified above have been placed in the Auxiliary Compartment, a seal or duct tape shall be used to secure the compartment Election Supplies All remaining election supplies, unused forms, unused Ballots, signs and other materials will be placed into the supply bag provided by the City Clerk to each VPS or Special DRO. Once all of the supplies have been placed in the bags, the bags shall be sealed with a plastic tie through the eye of the zipper and case tab, ensuring the tie locks to prevent the reopening of the bag. The VPS will return all election supplies to the Election Supplies Return Centre located at the Oshawa Public Library Main Branch Auditorium at 65 Bagot Street Advance Voting One or more Election Captains will supervise each Advance Vote. At the first Advance Vote, an Election Captain will open the Voting Place following the procedures as set out under Section 9. At the close of each Advance Vote, an Election Captain will proceed as follows: a) Check the auxiliary compartment of the Ballot Box to ensure that all Ballots have been processed through the Vote Tabulator; b) Generate and sign two (2) Status Reports from the Vote Tabulator showing the total number of Ballots processed by the Vote Tabulator on that day; c) Power off the Vote Tabulator; d) Seal the Ballot Box to prevent any additional Ballots from being deposited into the Ballot Box; e) Return to the City Clerk the signed Status Reports generated by the Vote Tabulator, the Vote Tabulator, all sealed Ballot Box(es), forms, election documents and supplies for safekeeping. Prior to the opening of the next Advance Vote, an Election Captain will proceed as follows: a) Power on the Vote Tabulator; Procedures for Voting and the Page 23 of 33

25 b) Generate a Status Report showing the total number of Ballots processed and verify that this total is equal to the number of Ballots processed according to the Status Report printed at the close of the previous day of Advance Voting; c) If the number of Ballots processed is equal to the total as listed at the close of the last Advance Vote, sign and display the list along with the signed lists from previous Advance Votes in public view; d) Reopen the Poll and continue processing Ballots through the Vote Tabulator; e) If the number of Ballots processed is not equal to the total as listed at the close of the last Advance Vote, notify the City Clerk immediately and process all Ballots using the auxiliary compartment of the Ballot Box until the issue is resolved. The total of all votes cast at Advance Votes will be tabulated after 8:00 p.m. on Voting Day and will include those votes cast at the Voting Place established at City Hall on Voting Day. Vote Tabulators deployed at all Advance Voting Places and at the Voting Place established at City Hall on Voting Day will be equipped with the Ballot Marking Device and other assistive devices to permit the casting of Ballots by individuals with accessibility needs. The Vote Tabulator will record the vote in the same manner as a paper Ballot, as outlined in Section Handheld Controller 11.1 Accessible Voting Technologies Advance Voting Advance Voting Places will be equipped with Vote Tabulators with Ballot Marking Devices, which permit the independent casting of Ballots by individuals with accessibility needs or those who cannot mark a paper Ballot with a Ballot Marking Pen. The system consists of the following components: I. An Image-Cast Vote Tabulator; II. III. IV. A Voting Handheld Controller (Figure 1 see Page 25) and a set of headphones that a Voter uses to interact with the system; An external printer for printing the audio session Ballot once the Voter has made his or her selections; and Other input interfaces as necessary to accommodate a Voter s individual needs, including: a. Sip and Puff Input Interface; or, b. Paddle Button Input Interface. The Voter uses headphones to hear an audio presentation of the Ballot and the handheld controller to control the voting session, select Candidates as well as respond with a yes or no to questions on the Ballot. The Voter can also use the other Procedures for Voting and the Page 24 of 33

26 available assistive devices such as sip and puff or paddles if he or she is unable to use his or her hands to press the selection buttons on the handheld controller. Figure 1 - Handheld Controller When a Voter wishes to use the accessible voting feature, the TDRO will assist the Voter into position behind a privacy screen at the Vote Tabulator Station close to the Vote Tabulator. The TDRO will then key in the Ballot ID number on the Vote Tabulator. The Voter will hear an audio presentation of the Ballot through the available headphones and use the Handheld Controller or other assistive devices, as necessary, to adjust the volume, speed of the audio presentation, move between contests, and select votes. The audio presentation will confirm votes selected for Voter verification. When the Voter has made and confirmed all his or her selections, he or she will use the Handheld Controller or optional interface devices to direct the Ballot Marking Device to print a paper Ballot. The Ballot Marking Device will automatically process a standard paper Ballot, printing markings in the Defined Area for the Candidate(s) or question answers chosen by the Voter. The printed Ballot is indistinguishable from a Ballot marked by hand. The Ballot Marking Device contains a library of random hand-made marking images that it uses to print the Ballot so the printed markings in the Defined Area look just like marks made by hand with a Ballot Marking Pen. This feature ensures that if the paper Ballots are later reviewed by Election Officials, they will be unable to determine which Ballots were marked by hand or by the Ballot Marker Device. The Ballot then emerges from the Ballot Marking Device into a Secrecy Folder. The TDRO will insert the Ballot into the Vote Tabulator and the Vote Tabulator will process the Ballot in a manner that is no different from any other Ballot delivered to the TDRO. Procedures for Voting and the Page 25 of 33