MUNICIPALITY OF NORTH MIDDLESEX. ELECTION POLICIES and PROCEDURES (including Telephone/Internet voting) for the 2018 ONTARIO MUNICIPAL ELECTION

Transcription

1 MUNICIPALITY OF NORTH MIDDLESEX ELECTION POLICIES and PROCEDURES (including Telephone/Internet voting) for the 2018 ONTARIO MUNICIPAL ELECTION Approved by the Clerk / Returning Officer of the Municipality of North Middlesex This 20th day of December, 2017 As Amended April 4, 2018 EL.01_Version 2 Page 1 of 67

2 1. AUTHORITY DEFINITIONS APPLICATION SECRECY TIMELINES NOMINATIONS Nomination Papers Estimated Maximum Campaign Expenses Section 88.20(6) Notice of Penalties Section Municipal Freedom of Information & Protection of Privacy Act Unofficial List of Candidates Certification of Nomination Papers - Section Rejection of Nomination Paper - Section 35(3)(4) Withdrawal of Nomination Papers (Section 36) Official List of Candidates Declaration of Election - (Section 40) Acclamations Section 37(1) Fewer Number of Nomination Papers Than Offices - Section 33(5) Additional Nominations - More than Number of Offices Remaining Withdrawal of Additional Nominations - Section Additional Nominations - Equivalent to Number of Offices - Section 35(2) and 37(2) Filling Vacancies - Section 37(4) Death of Ineligibility of a Candidate - Section Final Calculation of Campaign Expenses Section (13) and (14) Candidate Name Pronunciation PRELIMINARY LIST OF ELECTORS / VOTERS LIST NOTICES CANDIDATE CAMPAIGNING AND CAMPAIGN ADVERTISING Campaigning and Advertising Municipal Employee Communication with Candidates Use of Corporate Resources Election Signs Municipal Authority to Remove Advertisements Section Fund-Raising for Candidates Section Candidate Campaign Contributions and Expenses Duties of Candidates THIRD PARTY ADVERTISER Third Party Advertiser Eligibility for Registration Filing the Notice of Registration Estimated Maximum Third Party Expenses Section 88.21(15) Notice of Penalties Section 88.29(7) Page 2 of 67

3 10.6 Final Calculation of Third Party Expenses Section 88.21(11) to (17) Certification of Notice of Registration Advertisements - Restricted Period and Expenses - Sections 88.4, Mandatory Information in Advertisements Mandatory Information for Broadcaster, etc Municipal Authority to Remove Advertisement List of Registered Third Parties Fund-Raising for Registered Third Parties Contributions to Registered Third Parties and Expenses Duties of Registered Third Parties SCRUTINEERS VOTING VOTER QUALIFICATIONS VOTING PROCESS SYSTEM CORRUPT ELECTION PRACTICES PROVINCIAL OFFENCE AND PROSECUTION MAIL TAMPERING CRIMINAL OFFENCE AND PROSECUTION RESULTS TIE VOTE RECOUNT PROCEDURES AFTER VOTING DAY CANDIDATES FINANCIAL STATEMENTS Financial Reporting Candidate Filing Default Notice of Default Extension of Campaign Period Section (6) to (8) Retention of Financial Statements Refund of Nomination Filing Fee Section THIRD PARTY FINANCIAL STATEMENTS Third Party Financial Reporting Third Party Filing Default Notice of Default Extension of Campaign Period COMPLIANCE AUDIT COMMITTEE Establish a Compliance Audit Committee (Section 88.37) Review of Contributions to Candidates Section 88.34(1) to (4) Decision of Compliance Audit Committee Regarding Candidates - Section Review of Contributions to Registered Third Parties Section 88.36(1) Report, Contributions to Registered Third Parties Decision of Compliance Audit Committee Regarding Registered Third Parties Section 88.36(5) Compliance Audit Application ACCESSIBILITY Page 3 of 67

4 25. EMERGENCIES AMENDMENTS TO PROCEDURES ATTACHMENTS FORMS SCHEDULE A TIMELINES SCHEDULE B EXCERPTS FROM COUNTY OF MIDDLESEX SIGN BY-LAW SCHEDULE C Page 4 of 67

5 AMENDMENTS Version Date Finalized Paragraph Updates 1 December 20, 2018 N/A 2 April 4, Reformatted whole document - Page 3 - added Amendment Table to record Amendments to Policies/Procedures - Paragraph 2 - added the following definitions: a. Auditor f. Close of Voting h. Election Campaign Advertisement j. Municipal Office k. Normally Resident in Ontario o. Registered Third Party p. Restricted Period for Third Party Advertisements u. Third Party Advertisement - Added the following Paragraphs: 5 - Timelines 6 - Nominations 9 - Candidate Campaigning and Campaign Advertising 10 - Third Party Advertiser 21 - Candidates Financial Statements 22 Third Party Financial Statements 23 - Compliance Audit Committee - Corrected Paragraph 7.1 e. to read proper reference to Paragraph 7.1 d. - Corrected Paragraph 8.2 to read proper reference to Paragraphs 8.1 and 8.1 f. - Corrected Paragraphs 14.2 b. and 14.2 c. to read proper reference to Paragraph 14.2 a. - Corrected Paragraph 19.6 c. to read proper reference to Paragraphs 19.6 a. and 19.6 b. - Amended Paragraph 25 Accessibility (25.1, 25.2, 25.3, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10) - Amended Paragraph 28 Forms - EL27 - changed Friend to Support Person - Changed Schedule A to Schedule C Identification - Schedule A now Timelines - Added new Schedule B Excerpt of Sign By-law Page 5 of 67

6 These Policies and Procedures have been prepared for the purposes of convenience ONLY. For accurate reference, please refer to the Municipal Elections Act, 1996, as amended and the Good Government Act, Page 6 of 67

7 1. AUTHORITY On January 11, 2017, the Council of the Municipality of North Middlesex adopted By-law No to authorize the use of an alternative voting method, that being the Telephone/Internet Voting method; and to enter into an agreement with Intelivote Systems Inc., an evoting Service Provider for the Telephone/Internet Voting service for the 2018 Municipal & School Board Elections. The Municipal Elections Act, 1996, as amended, more specifically subsection 42(3), states as follows: Procedures and forms The Clerk shall, a. establish procedures and forms for the use of, i. any voting and vote-counting equipment authorized by by-law, and ii. any alternative voting method authorized by by-law; and b. provide a copy of the procedures and forms to each candidate when his or her nomination is filed. Subsection 42(4), states that the Clerk shall provide the procedures and forms on or before December 31 in the year before the year of the election. Subsection 42(4), states that the procedures and forms established by the Clerk, if they are consistent with the principles of the Municipal Elections Act, 1996, as amended, prevail over anything in the Act and the regulations made under it. Subsection 11(2) of the Municipal Elections Act, 1996, as amended, states that the Clerk of a local municipality has responsibility for conducting elections within that municipality and responsibility for, a. preparing for the election; b. preparing for and conducting a recount in the election; c. maintaining peace and order in connection with the election; and d. in a regular election, preparing and submitting the report described in subsection 12.1 (2). With respect to the duties and authority of a Municipal Clerk, the Municipal Elections Act, 1996, as amended, further states as follows: a. 12(1) A Clerk who is responsible for conducting an election may provide for any matter or procedure that, i. is not otherwise provided for in an Act or regulation; and ii. in the Clerk s opinion, is necessary or desirable for conducting the election. Page 7 of 67

8 b. 12(2) The power conferred by subsection (1) includes power to establish forms, including forms of oaths and statutory declarations, and power to require their use. c. 12(3) The power conferred by subsection (1) includes power to require a person, as a condition of doing anything or having an election official do anything under this Act, to furnish proof that is satisfactory to the election official of the person s identity or qualifications, including citizenship or residency, or of any other matter. d. 13(1) Any notice or other information that this Act requires the Clerk to give, shall be given in a form and manner and at a time that the Clerk considers adequate to give reasonable notice or to convey the information, as the case may be. e. 13(2) The Clerk shall provide electors, candidates and persons who are eligible to be electors with information to enable them to exercise their rights under this Act. Subsection 42(5) states that when a by-law authorizing the use of an alternative voting method is in effect, Sections 43 (advance votes) and 44 (voting proxies) apply only if the by-law so specifies. Since the purpose for the use of the alternative voting, being Telephone/Internet Voting, was to eliminate proxies, Bylaw No of the Municipality of North Middlesex stipulates no proxy provisions are applicable for municipal elections conducted in accordance with this by-law. Therefore, with respect to proxies, a person cannot give his or her Voter Information Letter to another eligible elector or other individual for the purpose of voting. Acceptance of a Voter Information Letter including the actual voting thereof will be considered an illegal and corrupt practice and therefore subject to the penalty provision under the Municipal Elections Act, 1996, as amended. The Municipal Elections Act, 1996, as amended, more specifically Section 53, also provides that the Clerk may declare an emergency if he or she is of the opinion that circumstances have arisen that are likely to prevent the election from being conducted in accordance with this Act and provides the authority to the Clerk to make arrangements for the proper conduct of the election. Any arrangements made by the Clerk, if they are consistent with the principles of the Municipal Elections Act, 1996, as amended, prevail over anything in the Act and the regulations and all such arrangements, if made in good faith, shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness. Therefore, as Clerk of the Municipality of North Middlesex and Returning Officer for the 2018 Municipal & School Board Elections, I do hereby certify and approve the following procedures for conducting the 2018 Municipal & School Board Elections and also establish that the attached forms are the forms permitted to be used during this election process. Page 8 of 67

9 Date Approved: April 4, 2018 Version 2 X Jackie Tiedeman Clerk/Returning Officer Page 9 of 67

10 2. DEFINITIONS a. Auditor - means the person appointed by the Clerk who performs the prescribed combination of processes and procedures (audit duties) designed to validate a range of activities and/or functions of the internet/telephone voting system. b. Ballot - means either an image on a computer screen, or any web enabled device, of a ballot card for an election to be voted for, including all choices available to the electors and containing spaces in which the electors mark their votes; or when voting using a telephone or wireless phone, an audio set of instructions which describe all choices available to the electors and instruction to mark their selection by depressing the numbered touchtone keypad. c. Candidate - means a person who has been nominated under Section 33 of the Municipal Elections Act, 1996, as amended. d. Certified Candidate - means a candidate whose nomination has been certified by the Municipal Clerk under Section 35 of the Municipal Elections Act, 1996, as amended. e. Clerk - means the Clerk of the Municipality of North Middlesex who is responsible for conducting this election under the authority of the Municipal Elections Act, 1996, as amended. f. Close of Voting - means 8:00 p.m. Eastern Standard Time on October 22, g. Election Official - means the Clerk or other person(s) appointed in writing by the Clerk to carry out election duties under the Municipal Elections Act, 1996, as amended. An election official can only carry out the tasks and duties as assigned in writing by the Clerk, and must take the prescribed oath. h. Election Campaign Advertisement means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate. i. Eligible Elector - means a person who is entitled to be an elector at an election held in the local municipality, if on voting day he or she meets the qualifications outlined in Section 17(2) and 17(3) of the Municipal Elections Act, 1996, as amended. j. Municipal Office - means the Municipality of North Middlesex Municipal Office located at 229 Parkhill Main Street, Parkhill, Ontario. k. Normally Resident in Ontario means the place in which an individual regularly returns if his or her presence is not continuous (sleep). Page 10 of 67

11 DEFINITIONS CONTINUED l. Password - means an additional access control word assigned by the evoting Service Provider to each authorized user to provide additional security for access to the voting system. m. Personal Identification Number (PIN) - means a unique multiple digit number assigned by the evoting Service Provider to each voter to provide security for access to the voting system. n. Preliminary List of Electors - means a list of electors for the Municipality of North Middlesex compiled by the Municipal Property Assessment Corporation (MPAC) and provided to the Municipality of North Middlesex between July 31 and September 1 of an election year as agreed upon by MPAC and the Clerk. o. Registered Third Party (Third Party Advertiser) - means an individual who is normally resident in Ontario, a corporation that carries on business in Ontario or a trade union that holds bargaining rights for employees in Ontario, and who s Notice of Registration for Third Party Advertiser has been certified by the Clerk. p. Restricted Period for Third Party Advertisements means the earliest day that an individual, corporation or trade union is permitted to file a notice of registration as a registered third party and ends at the close of voting on Voting Day. q. Satisfactory Identification - means the identification required under the Municipal Elections Act, 1996, as amended (Ontario Regulation 304/13) which would provide proof of identity and residence of an individual to the satisfaction of an election official. r. Script - means all information flow and system prompts from the evoting system including instructions, informational messages, error messages, and exceptions. s. Scrutineer - means an individual, appointed in writing by a certified candidate, to represent him or her during the voting process. t. Support person - means a person who has been requested by an elector to assist him or her in the voting process. u. Third Party Advertisement - means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing a candidate, or a yes or no answer to a question on the ballot, but does not include an advertisement by or under the direction of a candidate, or an advertisement that incurs no expenses in relation to the advertisement, or an advertisement that is transmitted to employees, shareholders, or directors of the registered third party. Page 11 of 67

12 v. Voting Day - means the final day on which the vote is to be taken in an election and shall be until 8:00 p.m. on that day. Voting day in a regular election is the fourth Monday in October October 22, w. Voter Help Centre - means a location provided by the Municipality of North Middlesex to assist electors with the Telephone/Internet Voting process or other general election inquiries, including revisions. The Voter Help Centre(s) is located at the Municipal Office, 229 Parkhill Main Street, Parkhill, Ontario. x. Voter Information Letter - means a sealed envelope containing a Personal Identification Number (PIN) for each person on the Voters List or who has completed an application, duly approved by an election official, for inclusion on the Voters List, a telephone access number and internet address for voting, a Voter Help Centre number for assistance and a list of candidates for office. These envelopes shall be mailed individually, or hand-delivered as required, to every person on the Voters List. y. Voters List - means the Preliminary List of Electors, as corrected by the Clerk, under the provisions of Section 22 of the Municipal Elections Act, 1996, as amended. z. Voting Period means the period when voting may be conducted between the hours of 9:00 a.m. beginning on Monday, October 15, 2018 and ending at 8:00 p.m. on Monday, October 22, Page 12 of 67

13 3. APPLICATION 3.1 This procedure has been developed under the authority of subsection 42(4) pursuant to subsection 42(3) (a) (ii) of the Municipal Elections Act, 1996, as amended, and applies to the Telephone/Internet Voting being conducted by the Municipality of North Middlesex between October 15, 2018 and October 22, The procedures and forms established by this document prevail over anything in the Act and its regulations, as per subsection 42(4) of the Municipal Elections Act, 1996, as amended. 3.3 Where these procedures do not provide for any matter, the election shall be conducted as far as is consistent and practical within the principles of the Municipal Elections Act, 1996, as amended, with the same being determined and established by the Clerk. 3.4 These procedures may be amended, as necessary and deemed appropriate, by the Clerk of the Municipality of North Middlesex. Any amendment to these procedures shall be signed by the Clerk and a copy of the amendment(s) shall be provided forthwith to all certified candidates for office for the Municipality of North Middlesex and/or school boards. 3.5 Section 12 of the Municipal Elections Act, 1996, as amended, provides that the Clerk of a municipality may provide for any matter that is not otherwise provided for in an Act or regulation and is, in the Clerk of the municipality s opinion, necessary or desirable. Page 13 of 67

14 4. SECRECY 4.1 The Clerk shall require all election official(s) and/or other persons working in connection with the municipal elections to swear or affirm an oath of secrecy in accordance with Section 49 of the Municipal Elections Act, 1996, as amended. 4.2 No person shall interfere or attempt to interfere with an elector while in the process of accessing the Telephone/Internet Voting service or interfere or attempt to interfere in the voting process while using the Telephone/Internet Voting service unless expressly requested and authorized by an elector asking for assistance. 4.3 No person shall obtain or attempt to obtain information about how an elector intends to vote or has voted. Any individual requested by an elector to assist him or her in voting is required to maintain the secrecy of the vote(s) cast by the elector and shall vote according to the instructions and wishes of the elector. 4.4 No person shall communicate any information that might have been inadvertently obtained about how an elector intends to vote or has voted. 4.5 No elector shall reveal how he or she intends to vote except when obtaining assistance in voting from either a support person or an election official. 4.6 All electors voting at the Voter Help Centre may vote with the assistance of a support person; however, the support person shall be required to take the appropriate oath prior to providing assistance. 4.7 All complaints regarding any and/or all breaches of secrecy shall be investigated by the proper authorities and shall be prosecuted according to the provisions of Corrupt Practices and Other Offences - Penalties and Enforcement under Sections 89 and 90 of the Municipal Elections Act, 1996, as amended. Page 14 of 67

15 5. TIMELINES See Schedule A for Election timelines. Page 15 of 67

16 6. NOMINATIONS 6.1 Nomination Papers Nominations are to be filed with the Clerk or designated Election Official at the Municipal Office, in person or through an agent from May 1, 2018 to July 26, 2018 between the hours of 8:30 a.m. to 4:30 p.m. The nomination paper may not be faxed or ed. On Nomination Day (July 27, 2018), the prescribed filing time is 9:00 a.m. to 2:00 p.m. and nominations will be accepted at the Municipal Office only. Those persons within the Municipal Office during the prescribed filing time will be considered for filing. Nominations will be received for the following offices: Mayor - 1 to be elected - At Large Deputy Mayor - 1 to be elected - At Large Councillor - 1 to be elected in each of Wards 1, 2, 3, 4 and 5 Nominations for School Board Trustees must be obtained and filed at the appropriate Municipal Office for the following offices: School Board Trustee English Public 2 to be elected School Board Trustee English Separate 1 to be elected School Board Trustee French Public 1 to be elected School Board Trustee French Separate 1 to be elected Nominations must be on the prescribed form and accompanied by the prescribed nomination filing fee. The filing fee is one hundred dollars ($100.00) for Ward Councillor or Deputy Mayor and two hundred dollars ($200.00) for Mayor. The prescribed fee is payable by cash, debit, certified cheque or money order. Credit cards or non-certified cheques will not be accepted. Candidates seeking office on Council must submit 25 endorsement signatures from eligible electors with their nomination. The individuals providing the signatures will each have to sign a declaration stating that they were eligible to vote in the municipality on the day that they signed the endorsement. If a candidate files a nomination, and then changes their mind and decides to run for a different office on the same council, they are not required to submit new signatures. The requirement to submit 25 nomination signatures does not apply to candidates running for school board trustee positions. To avoid suggestions of conflict and to protect the integrity of the election process, Municipal Staff are deemed to be ineligible to endorse a nomination of a person for an office on Council. Page 16 of 67

17 NOMINATIONS CONTINUED All candidates must provide designated Election Officials with proof of identity and qualifying address within the municipality when filing a nomination. If an agent is filing on behalf of a candidate, the agent must provide a copy of the candidate s proof of identity as well as their own. Candidates must also complete the Declaration of Qualification Form. It is the responsibility of the candidates to ensure that they are qualified to seek the office for which they are being nominated. The surname on the nomination paper and the surname on the identification must be the same. Some flexibility will be given to first names (e.g. Tony for Anthony), subject to approval of the Clerk. The name completed on the nomination paper will be the name that will appear on the ballot. Nomination papers will be reviewed for completeness when filed and will be certified at a later date, on or before 4:00 p.m. on July 30, Estimated Maximum Campaign Expenses Section 88.20(6) Upon the filing of a person s nomination, the Clerk shall calculate the estimated maximum campaign expenses, as of the filing date, using the number of electors determined from the Voters List from the previous election, and shall give the person, or the agent filing the nomination for the person, a certificate of the estimated campaign expenses as of the filing date. 6.3 Notice of Penalties Section 33.1 The Clerk shall, before voting day, provide a notice of penalties to the candidate or their agent. 6.4 Municipal Freedom of Information & Protection of Privacy Act Upon filing, nomination papers become part of the public record and shall be disclosed to members of the public upon request. The candidate may sign the consent to release personal information authorizing the Clerk to release personal information to the public and media. 6.5 Unofficial List of Candidates The Clerk will prepare an unofficial list of persons who have submitted nomination papers, and the office that they are seeking election to, and Page 17 of 67

18 will update the list as soon as practical after receipt of nomination papers. The list will be posted in the municipal office and on the Municipal Website ( 6.6 Certification of Nomination Papers - Section 35 On or before July 30, 2018 at 4:00 p.m., the Clerk will review each nomination received to determine qualification and compliance with the Municipal Elections Act, 1996, as amended. Once satisfied the candidate is qualified, the Clerk will complete the Certification by Clerk section on the Nomination Paper. 6.7 Rejection of Nomination Paper - Section 35(3)(4) If the candidate is not qualitied to be nominated, or the nomination does not comply with the Municipal Elections Act, 1996, as amended, the Clerk will reject the nomination. The Clerk will contact the candidate by telephone or to inform him/her of the rejection, and send a Notice of Rejection of Nominations, by Registered Mail, as soon as possible, to: a. The person who sought to be nominated; and b. By prepaid first class mail to all candidates for the office. 6.8 Withdrawal of Nomination Papers (Section 36) A candidate may withdraw their nomination by filing a written withdrawal in the Clerk s Office before 2:00 p.m. on Nomination Day, July 27, 2018, if the person was nominated on or before Nomination Day; and before 2:00 p.m. on the Wednesday following Nomination Day (August 1, 2018), if the person was nominated under Section 33(5) Additional Nominations. The candidate shall appear in person, with identification in order to withdraw the nomination; or the candidate s agent shall appear in person, with identification and a Letter of Authorization to represent the candidate, in order to withdraw the candidate s nomination. The withdrawal shall be noted on the Unofficial List of Candidates. In the event that a candidate chooses to file a second nomination, the candidate s first nomination is automatically deemed to be withdrawn. 6.9 Official List of Candidates Once nomination papers have been certified and the nomination period has expired, an official list of nominated persons shall be posted at the municipal office and, as a minimum, on the municipal website on or before, Friday, August 3, Page 18 of 67

19 6.10 Declaration of Election - (Section 40) If after 4:00 p.m. on Monday, July 30, 2018, the number of certified nominations filed for an office is more than the number of persons to be elected to the office, the Clerk shall declare an election to be conducted. The Clerk shall give the electors notice of the following through the use of newspaper advertisements and the Municipal Website: a. The manner in which electors may use the Internet/Telephone voting method; b. The dates and times of the voting period; c. The location and hours of operation for the Voter Help Centre Acclamations Section 37(1) If after 4:00 p.m. on Monday, July 30, 2018, the number of certified candidates for an office is the same as or less than the number to be elected, the Clerk shall immediately declare the candidate(s) elected by acclamation. The Clerk shall post a Declaration of Acclamation to Office on the Municipal Website. In this situation there shall be no election conducted for this position(s) Fewer Number of Nomination Papers Than Offices - Section 33(5) If at 4:00 p.m. on Monday, July 30, 2018, the number of certified nominations filed for an office is less than the number of persons to be elected to the office, additional nominations may be filed between 9:00 a.m. and 2:00 p.m. on Wednesday, August 1, The Clerk shall post a Notice of Additional Nominations advising that additional Nominations Papers may be filed for that office during the specified time. If at 2:00 p.m. on Wednesday, August 1, 2018, additional Nomination Papers have been filed, the procedure to certify or reject Nomination Papers shall be followed Additional Nominations - More than Number of Offices Remaining Section 33(5) If between 9:00 a.m. and 2:00 p.m. on Wednesday, August 1, 2018, there are more than a sufficient number of certified Nominations to fill the office(s), an election shall be conducted with the names of the persons who have filed certified Nomination Papers Withdrawal of Additional Nominations - Section 36 Withdrawal of additional nominations must take place prior to 2:00 p.m. on Wednesday, August 1, Follow the procedure in Paragraph 6.8 above. Page 19 of 67

20 6.15 Additional Nominations - Equivalent to Number of Offices - Section 35(2) and 37(2) If at 4:00 p.m. on Thursday, August 2, 2018, there is a sufficient number of certified Nomination Papers filed to fill the office(s), the Clerk shall post a Declaration of Acclamation Filling Vacancies - Section 37(4) If an office remains vacant after the declaration of candidates by acclamation under section 37 and the declaration of the election of candidates following the conduct of the election for offices on the Municipal Council, the following rules apply: a. Insufficient Number to Form a Quorum Municipal Council If the number of candidates declared elected is insufficient to form a quorum of the Municipal Council, a by-election shall be held. b. Sufficient Number to Form a Quorum Municipal Council If the number of candidates declared elected is less than the number of positions for an office of the Municipal Council, but does form a quorum, Section 263 (1) (a) of the Municipal Act, 2001 shall apply Death of Ineligibility of a Candidate - Section 39 If a certified candidate dies or becomes ineligible to hold office before the close of voting and: a. The result would be an acclamation for an office, the election to such office is void and a by-election for such office shall be held. b. The result would be one less candidates only and no acclamation, the candidate s name shall be omitted from the ballot. If the ballots are already printed, the Clerk shall post the notice of the death in a conspicuous place in every voting place and the election shall proceed as if the deceased or ineligible candidate has not be nominated. No votes are to be counted for the candidate who has died or become ineligible Final Calculation of Campaign Expenses Section (13) and (14) The Clerk shall, after determining from the number of eligible electors from the Voters List for each office, calculate the maximum amount of campaign expenses that each candidate may incur for that office and prepare a Certificate of Maximum Campaign Expenses. The certificate shall be given to each candidate in the case of a regular election, on or before September 25, 2018; and in the case of a by-election, within 10 Page 20 of 67

21 days after the Clerk makes the corrections under subparagraph 4iii of subsection 65(4) of the Municipal Elections Act, 1996, as amended, The number of electors to be used in this final calculation is to be the greater of the following: the number determined from the Voters List form the previous regular election, as it existed on September 15 in the year of the previous election, adjusted for changes under Sections 24 and 25 that were approved as of that day; the number determined from the Voters List for the current election as it exists on September 15 in the year of the current election, adjusted for changes under Sections 24 and 25 that were approved as of that day. The Clerk s calculation is final and shall be made in accordance with the prescribed formula in Ontario Regulation 101/ Candidate Name Pronunciation All certified candidates are to provide to the Clerk the proper pronunciation of their name prior to October 4, Page 21 of 67

22 7. PRELIMINARY LIST OF ELECTORS / VOTERS LIST 7.1 The Preliminary List of Electors shall be requested from the Municipal Property Assessment Corporation (MPAC) in an electronic format. The list shall be reviewed by the Clerk of the Municipality of North Middlesex and obvious errors shall be corrected as permitted under Section 22 of the Municipal Elections Act, 1996, as amended, and the list shall be approved for use as the Voters List. a. The list shall then be reproduced in paper or electronic format and distributed to those who are entitled to copies under subsections 23(3), (4) and (5) of the Municipal Elections Act, 1996, as amended. All certified candidates shall be entitled to two (2) copies or an electronic format and shall sign a statement acknowledging that the Voters List shall not be used for any commercial purposes. b. The candidates shall receive login ID(s) and password(s) allowing them to view the Voters List that contains the names of the electors who are entitled to vote for their office. They can use the module to identify and track individual electors during the course of the election campaign and voting period to observe participation. c. The list shall be available in an electronic format to accommodate the administration in the voting process at the Voter Help Centre. d. Additions, corrections and deletions may be made to the list in accordance with the Municipal Elections Act, 1996, as amended. e. The Clerk and/or the evoting Service Provider shall produce an electronic list of the additions, corrections and deletions, as stated in Paragraph 7.1 d of this document, and make available online these additions, corrections and deletions to those who are entitled to copies of the Voters List under the Act and the same shall be the final Voters List. This list, as required under Section 27 of the Municipal Elections Act, 1996, as amended, shall be available on or before September 15, 2018 at the Municipal Office, 229 Parkhill Main Street, Parkhill, Ontario. f. The Voters List, as corrected by the Clerk pursuant to Section 22 of the Municipal Elections Act, 1996, as amended, shall be provided to the evoting Service Provider in computer format in order for the evoting Service Provider to manage the Voter Information Letter. Voter Information Letters shall be distributed by first class mail or hand-delivered as required, to all eligible electors to enable them to use the Telephone/Internet Voting service. 7.2 The Voter Help Centre shall be responsible for the following: Page 22 of 67

23 a. Eligible electors who attend the Voter Help Centre and are not on the Voters List will be able to be added to the list by filling out a declaration form and providing satisfactory identification. See Schedule C for list of satisfactory identification. i. Their names will be added to the Voters List and they will be assigned and receive (or mailed) a Voter Information Letter containing a (PIN); and ii. they will be able to vote at the Voter Help Centre(s) if they so wish during the voting period. b. Verifying and re-issuing a Voter Information Letter to qualified voters: i. where a person on the Voters List did not receive his or her Voter Information Letter in the mail due to an incorrect address, he or she can attend a Voter Help Centre in order to receive a new one. The authorized election official will disable the voter s lost Personal Identification Number (PIN) and electronically mark it in the system with the appropriate details. Upon providing satisfactory identification to an election official, an oath shall be taken by the voter and a new Voter Information Letter containing a new Personal Identification Number (PIN) shall be issued. c. Verifying and re-issuing a Personal Identification Number (PIN) to qualified voters: i. where a person on the Voters List has lost his or her Personal Identification Number (PIN), did not receive it in the mail, or does not have access to it, he or she can attend a Voter Help Centre in order to receive a new one. The authorized election official will disable the voter s previous PIN and electronically mark it in the system with the appropriate details. Upon providing satisfactory identification or information to a Voter Help Centre election official, as may be defined, a new Personal Identification Number (PIN) shall be issued. Page 23 of 67

24 8. NOTICES 8.1 The Clerk of the Municipality of North Middlesex shall notify voters of the following election information through the use of advertisements: a. that municipal & school board elections are being held for the Municipality of North Middlesex and that the Municipality has adopted an alternative voting method (and the manner in which electors may use the alternative voting method), being Telephone/Internet Voting; b. the date(s), time(s) and location(s) for the holding of the vote including advance voting, and the methods of voting for each; c. the office(s) of the council and/or school boards; d. the manner in which electors may or may not use voting proxies; e. who is eligible to vote in the municipal & school board elections; and f. the location and dates, and hours of operation of the Voter Help Centre, how persons can check to see if their name is on the Voters List and the procedures by which their name can be added or information corrected on the Voters List. 8.2 At the Clerk s discretion, notices will be published in the local newspapers and/or posted on the Municipality s website. All notices shall be made available in English only. The following essential notices shall be issued: a. Notice of Election Information. See Paragraph 8.1; b. Notice of Revision of Voters List. See Paragraph 8.1 f; c. Notice of Nomination; and d. Certified Election Results. The Clerk reserves the right to publish additional advertisements and notices as deemed appropriate Where possible, cooperative advertising may take place - costs to be approved and shared by the participating municipalities. 8.4 Each person on the Voters List shall be mailed, by first-class mail a sealed Voter Information Letter containing: a. his or her Personal Identification Number (PIN), the telephone number(s) to call to cast a vote, and the designated internet address (URL) to access to cast a vote using the internet; b. instructions on how to vote; Page 24 of 67

25 c. dates and hours of voting; and d. the location and telephone number of the Voter Help Centre. 8.5 All Voter Information Letters shall be made available in English only. Page 25 of 67

26 9. CANDIDATE CAMPAIGNING AND CAMPAIGN ADVERTISING 9.1 Campaigning and Advertising a. Campaigning, including campaign advertising, is permitted no earlier than the filing of Nomination Papers by the candidate. b. Candidate campaign advertising means an advertisement and any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate. Examples include lawn signs, brochures, posters, print, radio and electronic ads, etc. c. All candidates shall provide the following information to a broadcaster or publisher in writing: - the name of the candidate - the name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the candidate. d. Information contained in/on all campaign material is the responsibility of the candidate and any questions or concerns should be directed to the candidate. e. Candidates, Third Parties, Broadcasters, or Publishers SHALL NOT publish or provide the following to the general public: X X X X Voting telephone number Voting website address (URL) Details of the voter credentials that will be required (PIN) Voter instruction letter (VIL) The following WILL BE published and provided to candidates: Voting dates and times Electronic and telephone voting only, no paper ballot (no polling stations) Assistance will be available at Voter Help Centre Timeframe to expect Voter Instruction Letter in the mail Publish meaning on any website, pamphlets or brochures, signs, social media forums such as Facebook, Twitter, etc. 9.2 Municipal Employee Communication with Candidates The primary method of communication with candidates shall be by . Questions pertaining to all matters related to the election process, including the voting method, shall be directed to the Returning Officer: Page 26 of 67

27 Jackie Tiedeman, Clerk Municipality of North Middlesex 229 Parkhill Main Street Parkhill, ON N0M 2K0 Tel: , ext Any other questions from candidates shall be done in writing to the Clerk for response. Responses to questions posed by candidates will be forwarded by generally within one week. To ensure fairness and transparency, responses will be shared with all registered candidates without identifying the questioner. 9.3 Use of Corporate Resources The use of corporate resources is not permitted by candidates for election purposes. Candidates are prohibited from offering electronic equipment to electors to vote (ie. cell phone, laptop). See Use of Corporate Resources Policy for more information, including the following: a. Election campaigning or distributing/posting of election campaign material at municipally owned/leased facilities is not permitted; b. The use of the municipal logo or other insignia for campaign purposes is prohibited. The purpose of the Use of Corporate Resources Policy is to ensure that the Municipality's operations, events, and facilities are not used for political purposes and are not used for election campaign related purposes/ activities. A copy of the Use of Corporate Resource Policy will be included in the Nomination Package. 9.4 Election Signs See Schedule B (attached) Page 27 of 67

28 9.5 Municipal Authority to Remove Advertisements Section 88.7 If the Municipality is satisfied that there has been a contravention of Section 88.3 (candidates election campaign advertisements), 88.4 (third party advertisements) or 88.5 (mandatory information in third party advertisements), the Municipality may require a person who the Municipality reasonably believes contravened the section or caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to remove the advertisement or discontinue the advertising. 9.6 Fund-Raising for Candidates Section A fund-raising function shall not be held for a person who is not a candidate. Fund-raising functions may only be held during the campaign period. 9.7 Candidate Campaign Contributions and Expenses The Clerk shall provide the Contributions to Registered Candidates at the time of filing. The expenses of a candidate that are for the holding of parties and making other expressions of appreciation after the close of voting shall not exceed an amount calculated in accordance with the prescribed formula. The formula that is prescribed, must be written so that the amount calculated under it varies based on the maximum amount determined under subsection 88.20(6) Maximum Amount, for the office for which the candidate is nominated. The Clerk shall provide the maximum amount for parties, etc. See Section 88 of the Municipal Elections Act, 1996, as amended for information regarding candidate campaign contributions and expenses. Also, the Nomination Package will include information regarding candidate campaign contributions and expenses. 9.8 Duties of Candidates The Clerk shall provide the Duties of Candidates at the time of filing. Page 28 of 67

29 10. THIRD PARTY ADVERTISER 10.1 Third Party Advertiser A Third Party Advertiser means an individual who is normally a resident in Ontario, a corporation that carries on business in Ontario or a trade union that holds bargaining rights for employees in Ontario, and who s Notice of Registration for Third Party Advertiser has been certified by the Clerk. Third party advertising does not include issues-based advertising so groups that do public outreach can continue their issued-based advocacy work throughout the municipal election period Eligibility for Registration The following persons and entities are eligible to file a notice of registration: An individual who is normally a resident in Ontario; A corporation that carries on business in Ontario; and A trade union that holds bargaining rights for employees in Ontario. The following persons and entities are deemed ineligible to file a notice of registration: A candidate whose nomination has been filed under Section 33 of the Municipal Elections Act, 1996, as amended; A federal political party registered under the Canada Elections Act or any federal constituency association or registered candidate at a federal election endorsed by that party; A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act; and The Crown in right of Canada or Ontario, a municipality or local board. A candidate whose nomination has been filed shall not direct any third party advertisements Filing the Notice of Registration Notice for Registration shall be filed with the Clerk beginning May 1, 2018 at 8:30 a.m. to October 19, 2018 (the Friday before voting day) during regular office hours in the following manner: in person or by an agent no faxed or other electronically transmitted registration notices will be accepted original signatures required with proof of identity as prescribed in O. Reg. 304/13, as amended with the declaration of qualification, signed by the individual or by a Page 29 of 67

30 representative of the corporation or trade union a resolution from the corporation or trade union that authorizes the person or agent to register on their behalf, if applicable. The Clerk shall administer the Declaration of Qualifications on the Notice for Registration and the Declaration of Qualifications Third Party Advertiser oaths to the individual or to the representative of the corporation or trade union. The date and time of filing are to be filled in by the Clerk and initialed by the individual or by a representative of the corporation or trade union. The Clerk will then sign the Notice for Registration and Declaration of Qualifications. There is no registration fee for third party advertising Estimated Maximum Third Party Expenses Section 88.21(15) The Clerk shall calculate the estimated maximum third party expenses for registered third parties and provide a certificate of the estimated maximum expenses to the individual filing the registration. The Clerk s calculation is final Notice of Penalties Section 88.29(7) The Clerk shall, at least 30 days before the filing date, provide a notice of the penalties to every Registered Third Party that registered in the municipality Final Calculation of Third Party Expenses Section 88.21(11) to (17) The Clerk shall, after determining from the number of eligible electors from the Voters List, calculate the maximum amount of third party expenses that each registered third party may incur and prepare a Certificate of Maximum Third Party Expenses. The certificate shall be given to each individual that filed a Notice of Registration for Third Party Advertising in the case of a regular election, on or before September 25, 2018; and in the case of a by-election, within 10 days after the Clerk makes the corrections under subparagraph 4 iii of subsection 65 (4) or subparagraph 3 ii of subsection 65 (5) of the Municipal Elections Act, 1996, as amended. The number of electors to be used in this final calculation is to be the greater of the following: the number determined from the Voters List from the previous regular election, as it existed on September 15 in the year of the previous election, adjusted for changes under Section 24 and 25 that were approved as of that day; Page 30 of 67

31 the number determined from the Voters List for the current election as it exists on September 15 in the year of the current election, adjusted for changes under Section 24 and 25 that were approved as of that day Certification of Notice of Registration The Clerk will examine each notice of registration that has been filed to determine qualification and if the notice complies with the Municipal Elections Act, 1996, as amended. Once satisfied that the third party is qualified, the Clerk will complete the Certification by Clerk section on the Notice for Registration form. If not satisfied the Clerk shall reject the notice. The Clerk s decision is final Advertisements - Restricted Period and Expenses - Sections 88.4, 88.5 No individual, corporation or trade union is permitted to incur expenses for a third party advertisement that appears during the restricted period unless they are a registered third party. The Restricted Period begins on May 1, 2018 and ends at the close of voting on Voting Day, October 22, Third Parties shall do the following only during the Restricted Period: file notice of registration and have it certified by the Clerk; once registered, advertise; and once registered, incur expenses related to the advertisement. The expenses for these advertisements cannot exceed the amount calculated under Section (registered third parties expenses). See also Paragraph 9.1 e for publishing information to general public Mandatory Information in Advertisements All third party advertisements shall contain the following information: the name of the registered third party; the municipality where the registered third party is registered; a telephone number, mailing address or address at which the registered third party may be contacted regarding the advertisement Mandatory Information for Broadcaster, etc. All Registered Third Parties shall provide the following information to a broadcaster or publisher in writing: Page 31 of 67