City of St. Catharines. Candidates' Guide

Transcription

1 City of St. Catharines Candidates' Guide

2 Contents Introduction 5 Candidate Qualifications 6 Disqualifications of a Candidate 7 Municipal Offices and School Board Trustees to be elected 8 Nominations 9 Schedule of Key Dates 10 Candidate s Supplies 13 Locations of Voting List 13 Scrutineers 14 Election Signs 16 Campaign Material at the Polls 17 Proxy Voting 18 Advance Polls and Election Day 19 Vote Tabulation Process 19 Election Night Posting of Results 20 Additional Information 20 Notes 21 Procedure for Use of Vote Tabulators 23 Accessible Election Policies and Procedures 35 Notes 46 3

3 Introduction This Guide has been prepared by the City of St. Catharines, Economic Development and Customer Services Department, Office of the City Clerk as a supplement to the guide published by the Province of Ontario. The 2014 Candidates Guide for Ontario Municipal and School Board Elections, provides information relating to Qualification, Financial Responsibilities, Campaign Contributions, Campaign Expenses, and Financial Reporting. This supplement provides additional information that is pertinent to candidates running for office in the City of St. Catharines. The contents of this document are intended only as a guide, and prospective candidates must satisfy themselves through their own determination that they have complied with election financing regulations, and that they are in fact qualified to run for office. Additional inquiries can be made by contacting the Clerk s Department during normal office hours, Monday-Friday, 8:30 a.m.- 4:30 p.m. All election notices will be published in the St. Catharines Standard. Information is also available on the City s web page at Office of the City Clerk Election Resource Staff Bonnie Turcotte Election Coordinator Leah LaPlante Clerks Service Leader call me ext ext me bturcotte@stcatharines.ca llaplante@stcatharines.ca Bonnie Nistico-Dunk City Clerk ext.1506 bdunk@stcatharines.ca quick tip! An electronic copy of this guide is available at All s and web addresses are hyper-linked in blue, just click and go! 5

4 Candidate Qualifications To Run for Mayor, City Councillor or Regional Councillor a candidate must be: a Canadian Citizen on election day at least 18 years of age on election day a resident of the municipality or a non-resident owner or tenant of land in the municipality, or the spouse or same-sex partner of an owner or tenant of land in the municipality not disqualified by any legislation from holding municipal office To Run for School Board a Candidate must be: a Canadian Citizen on election day at least 18 years of age on election day eligible to be an elector of that school board for which the person is a candidate not disqualified by any legislation from holding municipal office 6

5 Disqualifications of a Candidate The following persons are disqualified from holding office: an employee of the municipality (if you are running for municipal council) or school board (if you are running for school board trustee) unless a leave of absence has been granted a judge of any court, a member of the Legislative Assembly or the Senate or the House of Commons a Crown employee within the meaning of the Public Service Act who is a Deputy Minister or who is in a position or classification designated in the regulations made under that Act for the purposes of Section 11 thereof an inmate of a penal or correctional institute one who ceases to be a Canadian Citizen one who is not a resident, owner or tenant in the Municipality one who is prohibited from voting in an election according to the Elections Act, Municipal Act or Education Act one who has violated financial requirements for filing financial information Despite the above disqualification, MPs, MPPs and Senators may be nominated for municipal office without having to resign their current seat in Parliament. However, by 2 p.m. on September 12, 2014 (nomination day), MPs, MPPs and Senators will be required to resign their current seat should they wish to continue to seek municipal office. 7

6 Municipal Offices and School Board Trustees to be elected Mayor (one to be elected, at large within the City). Also serves as a member of Regional Council City Councillors (12 to be elected), two from each of the six municipal wards Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Merritton Ward St. Andrew s Ward St. George s Ward St. Patrick s Ward Grantham Ward Port Dalhousie Ward Regional Councillors to represent the City of St. Catharines at the Regional Municipality of Niagara (six to be elected at large within the City) Trustees to be elected English Language Public District School Board four (4) to be elected at large English Language Catholic District School Board two (2) to be elected at large from Wards 2, 3, 4, 5, and 6 one (1) to be elected from Ward 1 (Merritton Ward) to be combined with the City of Thorold French Language Public School Board one (1) to be elected at large French Language Catholic School Board one (1) to be elected at large 8

7 Nominations Prospective candidates in the 2014 Municipal and School Board Elections must first be nominated in order to raise campaign funds or incur expenses. Candidates must file the prescribed nomination form and at the time of filing, pay the nomination fee of $ in cash, debit, Master Card or Visa, certified cheque, or money order. The nomination fee for the office of Mayor is $ This filing fee will be refunded if the candidate is elected, withdraws the nomination, or receives more than 2% of the votes cast for that office. Nominations must be filed with the City Clerk during normal office hours (8:30 a.m. to 4:30 p.m.) between Thursday, Jan. 2, 2014, and Friday, Sept. 12, The deadline for nominations to be filed is Nomination Day, Sept. 12, 2014, between 9 a.m. and 2 p.m. A nomination paper must be filed in person by either the candidate or an agent of the candidate. The candidate s declaration of qualification must be taken before a Commissioner of Oaths. Staff of the Office of the City Clerk can administer this oath. If an agent is filing the nomination paper on behalf of a candidate, the candidate s declaration of qualification must be commissioned prior to the agent filing the paper. Required to show proof of identity and qualifying address within the City of St. Catharines at the time the nomination paper is sworn. Under the Municipal Elections Act 1996, the City Clerk is required to reject or certify the nominations of candidates on or before 4 p.m., Monday, Sept. 15, A candidate who wishes to withdraw his or her nomination, must notify the Clerk in writing by 2 p.m. on Friday, Sept. 12, The withdrawal letter may not be faxed because an original signature is required on all election documents. The candidate will still have to submit a financial statement covering all financial transactions up to the time of the withdrawal. quick tip! Key information is already highlighted in yellow, for you. 9

8 Schedule of Key Dates Thursday, Jan. 2, 2014 to Friday, Sept. 12, 2014 Nomination Period Nominations may be filed by candidates prior to Nomination Day at any time when the Clerk s Department is open - Thursday, Jan. 2, 2014 to Friday, Sept. 12, 2014, 8:30 a.m. to 4:30 p.m. and Friday, Sept. 12, 2014, 9 a.m. to 2 p.m. Thursday, Jan. 2, 2014 to Wednesday, Dec. 31, 2014 Campaign Period The campaign period begins on Jan. 2, 2014 or whenever a candidate files a nomination paper, whichever is the later, and ends on Dec. 31, 2014 unless the candidate withdraws the nomination, the Clerk rejects the nomination or the candidate is continuing his or her campaign to erase a deficit. Tuesday, Sept. 2, 2014 Voters List Available The Clerk shall make the voter s list available for supervised viewing only to the public. Tuesday, Sept. 2, 2014 to Friday, Sept. 12, 2014 Revision - Application to Remove a Voter s Name An individual may make an application to remove a voter s name from the voters list. The Clerk is required to hold a hearing unless the voter is deceased. Friday, Sept. 12, a.m. to 2 p.m. Nomination Day Deadline for filing nominations. Nominations may be filed only between the hours of 9 a.m. to 2 p.m. Friday, Sept. 12, 2014 Withdrawal of Nomination Papers Deadline for withdrawal of nominations in writing before 2 p.m. 10

9 Monday, Sept. 15, 2014 Certification of Nomination Papers The Clerk is to certify nomination papers before 4 p.m. Monday, Sept. 15, 2014 Acclamation The Clerk shall after 4 p.m. declare the eligible candidate(s). Monday, Sept. 15, 2014 to Monday, Oct. 27, 2014 Proxy Vote Certificates Voters appointed as voting proxies must apply for their proxy voting certificates in the Office of the City Clerk between 8:30 a.m. to 4:30 p.m. On each day of an advance vote, the Office of the City Clerk/designated locations shall be open from noon to 5 p.m. for the purpose of issuing proxies. Wednesday, Sept. 17, 2014 Additional Nominations If necessary*, additional nominations will be received in the Office of the City Clerk, between 9 a.m. 2 p.m. Withdrawal of additional nominations will be received in the Office of the City Clerk before 2 p.m. (Certification of additional nominations will take place on September 18 before 4 p.m.) Monday, Sept. 22, 2014 Certificate of Maximum Campaign Spending Limits The Clerk to provide the certificate of maximum campaign spending limits to all certified candidates. * in the case where there are insufficient numbers of candidates running for vacancies 11

10 Monday, Oct. 27, 2014 Election Day Voting Day Voting places will be open from 10 a.m. and close promptly at 8 p.m. Tuesday, Oct. 28, 2014 Official Results Declared The City Clerk to declare official election results. Monday, Dec. 1, 2014 Term of Office commences New Council deemed organized when quorum of members have taken their declaration of office. Wednesday, Dec. 31, 2014 End of Campaign Period Deadline for candidate to provide the City Clerk with written notification of deficit and continuation of campaign period. Friday, Mar. 27, p.m. Deadline for Filing of Financial Statements This is the final date by which all nominated candidates must file their financial statements. 12

11 Candidate s Supplies When available, Candidates for the 2014 Municipal Election will be provided with the following supplies from the Clerk s Department at no charge: One (1) copy of the preliminary list of electors applicable to the office you are seeking (electronic format) One (1) street index of the preliminary list of electors One (1) map of the geographic area applicable to the office you are seeking One (1) list of the polling places within the City of St. Catharines A copy of the procedures established by the Clerk for the use of the vote counting equipment as authorized by Council. Information for candidates will be posted on the City s election website at: Locations of Voting List All eligible electors should check the voters list to ensure their name is correctly entered on the list. The voters list will be available for viewing at the Office of the City Clerk, 2nd floor, City Hall, and all branches of the St. Catharines Public Library: Centennial Library Merritton Branch Port Dalhousie Branch Dr. Huq Family Library Branch 54 Church Street 149 Hartzel Road 23 Brock Street 425 Carlton Street 13

12 Scrutineers A candidate may appoint scrutineers to represent them at the polls during the voting and at the counting of the vote. The appointment of a scrutineer is to be made on the appropriate form which is available from the Office of the City Clerk. Prescribed forms appointing scrutineers must be signed and sealed by the Clerk. A candidate may appoint one scrutineer for each voting station. Scrutineers must show their written appointment to election officials upon request. Only one scrutineer per candidate may be in the voting place at each polling station. Candidates who enter the voting place are considered to be scrutineers and one of their scrutineers must leave the voting place during the period of time the candidate is in attendance. Scrutineers are entitled to: be present when materials and documents are delivered to the Clerk following advance voting and on voting day enter the voting place 15 minutes before it opens and to inspect the ballot boxes and the ballots and all other papers, forms and documents relating to the vote (but not so as to delay the timely opening of the voting place) place his or her own seal on a ballot transfer box at the conclusion of voting on each day of advance voting object to a person voting (objection to be decided by the election official) sign the DRO s Statement at the close of the polls The role of candidates and scrutineers in the voting place is to scrutinize the integrity of the process. It is not a communicative role and candidates and scrutineers are not to speak to electors. Should a voter require the assistance of an interpreter, the voter must make their own arrangements. Candidates and scrutineers are not permitted to serve as an interpreter for a voter. 14

13 Scrutineers are prohibited from: attempting, directly or indirectly, to interfere with how an elector votes attempting to campaign or persuade an elector to vote for a particular candidate displaying a candidate s campaign material in a voting place; this includes wearing campaign buttons compromising the secrecy of voting interfering or attempting to interfere with an elector who is marking a ballot obtaining or attempting to obtain, in a voting place, any information about how an elector intends to vote or has voted communicating any information obtained at a voting place about how an elector intends to vote or has voted handle any of the Deputy Returning Officer's (DRO) supplies, including the poll book 15

14 Election Signs The Municipal Elections Act, 1996 does not set out rules with respect to the installation of election signs on private or public property. Election signs in the City of St. Catharines are regulated by By-law , entitled A By-law for prohibiting and regulating the erection of signs and other advertising devices, and otherwise called the Sign By-law. (A full copy of the Sign By-law is included in the Candidates Kit). Section 2.12 of the Sign By-law provides that No person shall cause or permit an Election Sign to be erected earlier than 60 days prior to the Election Day or remain erected more than 7 days after the Election Day. No permit is required for an Election Sign. However, candidates must still comply with all applicable provisions of the Sign By-law: Signs, including Election Signs are not permitted on City road allowances (Section 2.1). Section 3 of the Sign By-law contains numerous general requirements pertaining to all signs, including Election Signs such as: identification, compliance with Codes, setbacks from the street and other properties, and prohibitions relating to lights or other beacons, obstruction of traffic signals, line of vision and parking spaces. Section 4 contains limitations and prohibitions that relate to specific structural types of signs, for example, ground signs, pole signs, portable signs, projecting signs, wall signs, utility pole signs, awnings, flags, and wrap around signs. Electronic Signs are regulated under Section 5.6. The Regional Municipality of Niagara s Sign by-law , states: No person shall place or allow an election sign to be placed on a Regional road. Candidates should also contact the Ministry of Transportation with respect to the placement of campaign signs on road allowances under the jurisdiction of the Province of Ontario. It is the candidate s responsibility to ensure that campaign workers are not contravening the Sign By-law provisions. Contravention of the Sign By-law may result in the removal of the offending sign and may be subject to costs associated with the removal and the fines pursuant to the Provincial Offences Act or other applicable statutes. 16

15 Campaign Material at the Polls No campaign material or literature of any nature relating to any candidate in the election shall be displayed within the voting place. This material includes campaign buttons or any other advertising material. Voting place is defined as the area designated by the Clerk in which the facilities for the conducting of the vote are located. The voting place includes not only the building, but the entire property on which the voting station is located. This would include driveway access, school yards, lawns, etc. No campaigning is permitted in the voting place and candidates who are providing rides to constituents should ensure that the vehicles do not display election campaign material if they are accessing the voting place. 17

16 Proxy Voting Any person whose name is on the voters list or who has been added by revision to the voters list may appoint another qualified voter to vote on their behalf. A person wishing to appoint a proxy voter must do so on the prescribed form available from the Clerk s office. A voting proxy may not act as a proxy for more than one person except when the person voting by proxy is the parent, grandparent, child, grandchild, brother, sister, or spouse of the voting proxy. A voting proxy may act for one other person or the specified family members, but not both. The person being appointed as proxy must attend the Clerk s Department to swear or affirm a statutory declaration (identification will be required). The voting proxy form is not valid unless it has been signed by the Clerk or her designate. For the purpose of certifying appointments to vote by proxy, the Clerk s Department will be open at the following times: Weekdays - Monday, Sept. 15, 2014, to Monday, Oct. 27, 2014, between the hours of 8:30 a.m. to 4:30 p.m. On Advance Vote days between the hours of noon to 5 p.m. Proxy forms will not be available before Monday, Sept. 15,

17 Advance Polls and Election Day There will be four advance polls, the locations to be announced at a later date. This information will be forwarded to you and posted to the City of St. Catharines web site at The advanced poll locations are accessible to people with a disability. Every effort has been made to use only accessible facilities for all voting locations however the advanced polls have been selected for their accessible attributes that provide a more barrier-free opportunity to vote, than polls located in older schools, churches and other venues that are not fully accessible. Voters with a disability are encouraged to vote at the advanced polls. Additionally, advance polls are located on public transit routes. Election Day Monday, Oct. 27, 2014, between 10 a.m. and 8 p.m. Vote Tabulation Process The City of St. Catharines uses a vote tabulation process whereby the votes will be tabulated on an on-going basis throughout the day at the various polling locations. There will be thirty nine (39) polling locations throughout the municipality and each location will contain one (1) or two (2) vote tabulating machines. After marking their ballot, the electors will proceed to the vote tabulating machine, and with the assistance of the machine operator, have their ballot processed immediately. Fourteen (14) institutional voting places (i.e. nursing homes, retirement homes, chronic care facilities, etc.) have been established. Teams of election staff will attend upon each eligible elector in these locations at fixed times between 10 a.m. and 6:30 p.m. Ballots cast at the institutional voting places will be delivered to City Hall by 7 p.m. for tabulation. 19

18 Election Night Posting of Results Candidates who are interested in receiving the election results as they are tallied may attend at City Hall. Results of the vote will be displayed starting at approximately 8:15 p.m. in Council Chambers, 3rd floor, City Hall. It is anticipated that the posting of the results will commence at 8:15 p.m. and conclude at approximately 9 p.m. Results on election night will also be immediately available on the St. Catharines election web-site at commencing at approximately 8:15 p.m. Additional Information City Council meetings are bi-weekly on Monday evenings, at 6:30 p.m. in Council Chambers unless otherwise announced. As a member of City Council, Councillors are members of the General Committee. As a regular Council agenda item, the City Council resolves into General Committee to consider matters requiring decision as listed on the General Committee Agenda. There are also approximately 34 other committees to which members of Council are appointed. Committee meetings are held at various times, Council members will meet to decide which members will serve on the committees of their choice. A City Councillor s salary is $18,293 per annum (this is subject to change) one-third of which is deemed not to be taxable. As the Head of Council, the Mayor chairs the Council, and the General Committee meetings. The Mayor is also an ex-officio member of all other committees. The Mayor represents the City at Regional Council meetings and is a member of the Board of Directors of St. Catharines Hydro Inc. Regional Council meetings are held on Thursdays at 7 p.m. in Council Chambers at Regional Headquarters. These meetings are held every 3 weeks on a rolling schedule. The Mayor s annual remuneration is $82,178 (this is subject to change). The Mayor also receives $27, (this may be subject to change) for serving on Regional Council, and $9,000 for serving as a member of St. Catharines Hydro Inc. For information on meeting times, and compensation for School Trustees, candidates should contact the respective school boards. District School Board of Niagara Carlton Street, St. Catharines, Ontario L2R 7P4 Niagara Catholic District School Board Rice Road, Welland, Ontario L3C 7C1 20

19 Notes 21

20 Procedure for Use of Vote Tabulators

21 Procedure for Use of Vote Tabulators Definitions 1 In this procedure, Memory Card is a removable card where all tabulated totals are stored. Secrecy Folder means a cardboard folder in which a ballot can be placed so as to conceal the names of the candidates and the marks upon the face of the ballot and so as to expose the initials of the deputy returning officer; Vote Tabulator means the Dominion Voting CF200 Tabulator that optically scans a specified area on the ballots to read the votes and tabulate the results. 2 1 This procedure applies to an election conducted by a municipality that has passed a by-law under section 42 of the Act authorizing the use of vote tabulators at voting places. 2 Where this procedure does not provide for any matter, an election to which this procedure applies shall be conducted in accordance with the principles of the Municipal Elections Act, 1996, as amended. Election Officials 3 1 The Clerk may appoint election officials for the purposes of this procedure and may designate their titles and duties. 2 For the purposes of vote tabulating procedures, the Clerk may delegate the authority under Section 52(3) of the Municipal Election Act to the voting machine operator. Voting Subdivision 4 The Clerk may divide the municipality into voting subdivisions. 25

22 Ballots 5 1 There shall appear on the ballot to the right of each candidate s name a space suitable for the marking of the ballot. The space provided appears as a box. 2 Electors vote for the candidate or candidates of their choice by filling in the box completely. 3 Subsections (1) and (2) apply with necessary modifications to ballots for by-laws and questions. Vote Tabulators 6 1 The Clerk shall provide one (1) or more vote tabulators at each voting place. 2 Where the Clerk has not provided a vote tabulator at a voting place, the Clerk shall designate a place to which the ballots shall be taken after the close of the voting to be tabulated by a vote tabulator. This section will apply to any institutional voting places designated by the Clerk. Programming of Vote Tabulator 7 1 The vote tabulator shall be programmed so that a printed record of the number of votes cast for each candidate and with respect to each by-law and question can be produced. 2 The vote tabulator shall be programmed so that blank ballots and ballots containing overvotes are returned to the voting machine operator. Ballots will also be returned to the elector if the elector has voted at the wrong vote tabulator or if the ballot has been tampered with by the elector. 3 It is the responsibility of the voter to check the correctness and completeness of the ballot prior to returning the ballot to the voting machine operator. 26

23 Testing of Vote Tabulators 8 1 Within at least fourteen days before voting day, the Clerk shall test the vote tabulators to ensure that they will accurately count the votes cast for all candidates, by-laws and questions. 2 When testing the vote tabulator, adequate safeguards shall be taken to ensure that the system or any part of it, which is used for processing and tabulating votes, is isolated from all other applications or programmes and that no remote devices are capable of gaining access to the vote tabulator. 9 1 The test shall be conducted by, (a) (b) (c) loading the memory cards into the vote tabulators; tabulating a pre-audited group of ballots including ballots that fall into each of the categories of ballots and ballots on which are recorded a predetermined number of valid votes for each candidate and on each by-law and question; and comparing the output of the tabulation against the pre-audited results. 2 The Clerk shall, at the successful completion of the test, seal the memory card to the vote tabulator. 3 If the Clerk detects any error in the test, the cause of the error shall be ascertained and corrected and the test repeated until an errorless count is made. Procedure at the Voting Place 10 1 If a vote tabulator is to be used in a voting place, the voting machine operator shall, in the presence of all scrutineers present, cause the vote tabulator to print a copy of all totals in its memory card one hour or less before the opening of the voting. 2 If the totals are zero for all candidates, by-law and questions, the voting machine operator shall ensure that the zero printout remains affixed to the vote tabulator until the results are printed by the vote tabulator after the close of the vote. 3 If the totals are not zero for all candidates, by-laws and questions, the voting machine operator shall, immediately notify the Clerk and shall conduct the vote using the back-up compartment of the ballot box until the vote tabulator is made operational or the clerk provides a back-up vote tabulator to the voting location. 27

24 11 The Clerk may assign an election assistant to, in addition to the deputy returning officer, initial a ballot before the ballot is delivered to a voter The deputy returning officer or an election assistant shall deliver a secrecy folder to each person to whom a ballot is delivered at the same time as the ballot is delivered. 2 After marking the ballot in the voting compartment, the voter shall, (a) insert the ballot into the secrecy folder; (b) leave the compartment without delay; and (c) deliver the secrecy folder containing the ballot to the voting machine operator. 3 The voting machine operator shall, in the presence of the voter and without removing the ballot from the secrecy folder, verify the initials of the deputy returning officer; and (a) (b) if a vote tabulator is available in the voting place, insert the secrecy folder containing the ballot, into the feed area of the vote tabulator until the vote tabulator draws the ballot from the secrecy folder in full view of the voter; or if a vote tabulator is not available in the voting place, insert the ballot, with the initials of the deputy returning officer face down, directly into the ballot box from the secrecy folder in full view of the voter. 4 If a vote tabulator is available in the voting place but fails to operate, the voting machine operator shall, (a) (b) insert the ballot into the back-up compartment of the ballot box; and subject to subsection 13(3), insert the ballots into the feed area of the vote tabulator after the close of the voting. 5 In locations where there is more than one (1) tabulator, if a ballot described in subsection 7(2) is returned by the vote tabulator, the voting machine operator shall advise the voter that the ballot cannot be read because they have delivered the ballot to the wrong voting machine and direct them to the appropriate machine. 28

25 13 1 If a vote tabulator has been used to tabulate the votes cast in a voting place, the voting machine operator shall, after the close of the voting, check the back-up compartment of the ballot box for ballots to ensure all votes are tabulated and immediately, (a) (b) (c) (d) (e) (f) (g) tabulate any ballots deposited in the back-up compartment; secure the vote tabulator against receiving any more ballots; print a record of the votes given for each candidate and, if applicable, the votes given for and against a by-law or question; sign the certificate portion of the printed record along with any scrutineers who are present and wish to sign; remove the printed record from the vote tabulator; provide vote totals for any scrutineer upon request; deliver the ballots that have been counted along with the vote tabulator and sealed memory card to the Clerk. 29

26 2 After closing of the poll, each DRO at the voting location shall, a make out a statement in duplicate of the number of, (i) (ii) (iii) (iv) (v) (vi) ballots received from the Clerk, ballots counted by the vote tabulator, cancelled ballots, declined ballots, defective ballots, and ballots unused; b c d place the original copy of the statement in the statement envelope; place a duplicate copy of the statement and all unused ballots in a transfer container provided by the Clerk to ensure the safe transfer of the ballots and seal it; place in separate envelopes, (i) (ii) (iii) cancelled and declined ballots, defective ballots, unused ballots; e f g seal the envelopes; place all remaining supplies and sealed envelopes, excluding the original statement envelope, in a transfer container and seal the transfer container; and personally deliver the transfer container, and statement envelope to the office of the Clerk or to such other place as the Clerk has directed in writing. 30

27 3 If a vote tabulator has been used to tabulate votes cast in a voting place but the tabulation of the votes cannot be completed because the vote tabulator is not operating or cannot be made to operate following the close of the voting, the voting machine operator shall, after the close of the voting and after determining the tabulation cannot be completed, a b c d e seal the ballot box in such a manner that it cannot be opened or any ballots be deposited in it without breaking the seal; secure the vote tabulator against receiving any more ballots; personally deliver the ballot box, transfer carrier, ballot transfer container and vote tabulator to a place designated by the clerk where a back-up vote tabulator is located; follow the procedures set out in section 10 to ensure that the totals of the back-up vote tabulator are zero for all candidates, by-laws and questions; insert all the ballots from the ballot box into the back-up vote tabulator; and f follow the procedures in subsection 13(1). 4 If a vote tabulator has not been provided, or, if provided, has not been used to tabulate votes cast in a voting place, a b the deputy returning officer or election assistant shall, immediately after the close of voting, follow with necessary modifications the procedures in clause 13(3), the Clerk, or a person designated by the Clerk, shall with necessary modifications follow the procedures in clause 13(3). 14 If, at the close of the voting, the Clerk is of the opinion that it is impracticable to count the votes with the vote tabulators, he or she may direct that all or part of the votes cast in the election be counted manually following as far as practicable the provisions of the Act governing the counting of votes. 15 The Clerk shall, at the completion of the count, retain the programs, memory cards, test materials and ballots in the same manner as is provided for in the Act for the keeping of ballots The Clerk shall retain and may have access to the pre-audited group of ballots referred to in clause 9(1)(b) and other materials used in the programming of the vote tabulators. 2 The Clerk shall not alter or make changes to the materials referred to in subsection (1). 31

28 Advance Voting and Early Closing of Voting Places 17 The total of the votes at an advance voting location or at a voting location that closes early under subsection 46(3) of the Act shall not be printed and the procedures under section 13 shall not be followed until after 8:00 p.m. on the voting day. Recounts 18 The Municipal Elections Act provides two ways in which a recount can be initiated: 1 The Council of a municipality may pass a resolution requiring a recount of the votes cast for all or specified candidates for an office on the Council. 2 A person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an Order that the Clerk hold a recount. In both cases, the request for a recount must be made within 30 days after the clerk s declaration of the election results. 19 Prior to Council s consideration of a recount, a Candidate must request a recount outlining the reasons for such a recount. If such a request is received, a report will be presented to Council for their consideration. 20 If a recount of votes is held, the votes shall be recounted in the same manner as the votes were counted on voting day The vote tabulators shall be tested before the recount in the manner described in section 8. 2 The Clerk and other applicable staff shall attend the recount and bring the original ballots, vote tabulators, and all documents that, in the opinion of the Clerk, are relevant to the recount. 3 If a vote tabulator is used for a recount, the recount is limited to the ballots tabulated by a vote tabulator on voting day. The Clerk shall ensure that all of the ballots are processed through the same vote tabulator and in the same fashion as they were on Election Day. 4 Candidates, and/or their designates, will be allowed to view each ballot prior to the ballot being placed in the vote tabulator. If the candidate or his designate objects to the validity of a ballot, the ballot will be set aside, and a determination of the validity of the ballot will be made by the City Clerk. All non-disputed ballots will be tabulated by the same vote tabulator and in the same fashion as they were on Election Day. 32

29 5 The Clerk shall give notice of the recount to: (i) (ii) (iii) (iv) every certified candidate for an office that is the subject of the recount; in the case of a recount requested under subsection 57(1) of the Act, the council, local board or Minister, as the case may be, in the case of a recount ordered under section 58 of the Act, the applicant, and in the case of a recount concerning an office, question or by-law in respect of which electors of another municipality are entitled to vote, the Clerk who was responsible for the conduct of the vote in that other municipality. 6 The Clerk shall open the ballot boxes and process the ballots through the vote tabulators in the same fashion as they were on election day and tabulate, (i) (ii) (iii) in the case of a recount in an election for an office, the number of votes for each candidate who is subject to the recount under sections 56, 57, 58, or 59 of the Act, in the case of a recount in an election to obtain the assent of the electors to a by-law, the number of votes in favour of the by-law and the number opposed, and in the case of a recount in an election to obtain the opinion of the electors on a question, the number of votes for each possible answer to the question. 7 The Clerk may conduct the recount by processing the memory cards if agreement is received from: (i) (ii) (iii) (iv) each candidate, subject to the recount under section 56, 57, 58, or 59 of the Act, the council that submitted the by-law, in the case of a recount in an election to obtain the assent of the electors to a by-law, the Minister, council or local board that submitted the questions, in the case of a recount in an election to obtain the opinion of the electors on a question, and the applicant, in the case of a recount ordered under section 58 of the Act. Dated the 10th day of December, 2013 Bonnie Nistico-Dunk City Clerk 33

30 Accessible Election Policies and Procedures

31 Contents Accessible Election Policies and Procedures 39 1 Introduction 39 2 Staff Training and Election Assistance Staff Training Provision of Election Information Notice of Temporary Service Disruption Staff Assistance 41 3 Assistance To Candidates Service Animals Campaign Expenses 41 4 Assistance to Electors Voting by Proxy Voting Locations Transit to the Voting Location Parking Service Animals Entrance to the Voting Location Interior Voting Area Accessible Voting Booths Accessible Voting Technologies Advance Polls Only Accessible Voting Technologies Voting Day Voting Assistance 44 5 Additional Information City of St. Catharines Office of the City Clerk City of St. Catharines - Election Website Ministry of Municipal Affairs and Housing - Election Website Ministry of Community and Social Services Service Ontario e-laws 44 37

32 Accessible Election Policies and Procedures 1 Introduction The Office of the City Clerk is responsible for the proper legislative and administrative conduct of municipal elections in the City of St. Catharines. In accordance with the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005, the City Clerk is authorized to establish procedures and provide appropriate measures to ensure that persons with disabilities have the opportunity to participate fully in the 2014 Municipal Elections. Accordingly, the 2014 Municipal Elections will be conducted in such a manner to ensure that: 1 Candidates and electors with disabilities have full and equal access to all election information and services. 2 Persons with disabilities have full access to Voting Locations. 3 Persons with disabilities are able to independently and privately mark their ballot and have access to alternative methods of voting assistance. Following the election, the City Clerk will submit a report to Council concerning the identification, removal and prevention of barriers that affect electors and candidates with disabilities. 39

33 2 Staff Training and Election Assistance 2.1 Staff Training All staff carrying out election duties will be trained to recognize and ensure that persons with disabilities are served in a way that accommodates their needs. Training will include: 1. How to interact and communicate with persons with various types of disability. 2 How to interact with persons with disabilities who use assistive devices or require the assistance of a service animal or support person. 3 How to use voting equipment and assistive devices to deliver election services. 4 What to do if a person is having difficulty accessing election information or services. 2.2 Provision of Election Information Candidates and electors with disabilities will be able to receive information and copies of election documents upon request in a format that takes into account their disability. The format may be agreed upon between the requester and the City staff. The Elections and Access 2014 document is available in brochure format or on the City s Election Website at and is also available from the Office of the City Clerk. The new and updated City of St. Catharines website is W3C compliant and updated to WCAG 2.0. Additionally the City of St. Catharines website offers Browse-Aloud, to find out more. This is free to all users. 2.3 Notice of Temporary Service Disruption If there is a temporary disruption in the delivery of election information or services, the Office of the City Clerk shall provide public notice in accordance with its Accessible Customer Service Corporate Policy and the Accessible Customer Service Standard, Ontario Regulation 429/07. The notice shall include the reason for the disruption, anticipated duration and a description of alternative methods of delivering the information or service. Every effort shall be made to provide alternative methods of providing the information or service to persons with disabilities. 40

34 2.4 Staff Assistance The Office of the City Clerk s staff are available to assist with any issues that may arise with respect to providing a barrier-free election and can be reached by way of the contact information provided below: Telephone: , ext In Person: The Office of the City Clerk, 2 nd Floor, 50 Church St., St. Catharines Fax: TTY: TTY (4889) Mail: clerks@stcatharines.ca Office of the City Clerk 50 Church St., P.O. Box 3012, St. Catharines, ON L2R 7C2 In addition the following members of our election staff can be contacted directly for assistance: Bonnie Turcotte Election Coordinator Leah LaPlante Clerks Service Leader call me ext ext me bturcotte@stcatharines.ca llaplante@stcatharines.ca Bonnie Nistico-Dunk City Clerk ext bdunk@stcatharines.ca 3 Assistance To Candidates 3.1 Service Animals Candidates and scrutineers are permitted to be accompanied by a service animal at all Voting Locations and other designated election locations. 3.2 Campaign Expenses Expenses that are incurred by a candidate with a disability that are directly related to the disability, and would not have been incurred but for the election to which the expenses relate are excluded from the permitted spending limit for the candidate. 41

35 4 Assistance to Electors 4.1 Voting by Proxy A person with a disability that is unable to go out to a Voting Location may appoint another person to act as a voting proxy to cast a ballot on his or her behalf. The appointment must be made on the prescribed form available from the Office of the City Clerk and on the City s Election Website. The person being appointed as a proxy will be required to take a statutory declaration before a Commissioner of Oaths. Staff in the Office of the City Clerk can administer this oath (2nd Floor, City Hall, 50 Church Street). Once completed, the voting proxy may be exercised at any advance voting location or on Voting Day. On Voting Day the proxy must be exercised at the poll of the person for whom the proxy is voting. The appointment of a proxy may only be made after 2 p.m. on Nomination Day, Sept. 12, 2014, and does not remain in force after Voting Day. 4.2 Voting Locations A site map of all advance voting and voting day locations will be available on the City s election website at Using the site map, persons with disabilities can determine the availability of accessible attributes. The site map will also include information such as the nearest transit stop. 4.3 Transit to the Voting Location Proximity of the voting location to accessible public transit routes shall be considered in selection of voting locations, however, the location may not necessarily be located on the same street as the transit stop. 4.4 Parking Designated or reserved parking for people with disabilities who display a valid Ontario Accessible Parking Permit (APP) is to be provided close to the entrance of the Voting Location where possible. Accessible parking spaces will be clearly posted, and marked with the international Symbol of Accessibility. The usual parking limits for people with disabilities will be increased where possible. Barrier free paths of travel between parking and the voting location entrance will be provided. 4.5 Service Animals Electors who use service animals are permitted to be accompanied by their service animal at all voting locations. 4.6 Entrance to the Voting Location Every effort has been made to use only accessible facilities for Voting Locations. If however the main entrance to the Voting Location is inaccessible due to steps or other barriers, an alternative entry point that is accessible will be used and clearly signed. Wherever possible the accessible entrance is to be used as the main entrance for everyone. All entrances will be clearly marked and any alternative accessible entrances will be clearly signed using the International Symbol of Accessibility. 4.7 Interior Voting Area Access to the interior voting area and voting booth shall be level and easily accessed. All voting areas are to be well lit and have seating available. 42

36 4.8 Accessible Voting Booths Voting booths that are easily accessible will be available at each Voting Location. Voting booths will have a wider area of access to allow individuals who use a mobility device to vote independently and secretively. A large print Notice of Ballot example shall be displayed in close proximity to the voting booth. Magnifying sheets are available upon request from the Deputy Returning Officer (DRO) to any individual. 4.9 Accessible Voting Technologies Advance Polls Only Advance voting locations will be equipped with a ballot marking device for voters with disabilities. The Ballot Marker Device produces a human and machine readable marked paper ballot from a blank sheet of paper, completely indistinguishable from a paper ballot marked by hand. The voter is provided with headphones to listen to the ballot presentation (or refers to an instruction card) and uses an accessible voting handheld controller, with Braille labels and buttons of different colours and shapes for voters with visual impairments, to control the voting session and select votes. The controller can also be operated by assistive devices such as sip and puff, and/or foot paddles can be used to press selection buttons. When a voter wishes to use the accessible voting feature, the poll worker will offer to position the voter behind the privacy screen near the tabulator equipped with the ballot marking device. The poll worker then offers to insert a blank sheet of ballot paper into the printer slot of the device and provides the voter with the headphones and the handheld controller. The voter listens to the audio ballot and uses the controller to adjust volume, speed of the audio presentation, move between contests, and make their voting selections. The audio presentation will confirm votes selected for voter verification. When the voter has made and confirmed all their vote selections they use the handheld controller to print their actual paper ballot. The printer device will automatically process the blank sheet of paper, printing the full ballot on the sheet complete with the vote markings selected by a voter. The printed ballot is indistinguishable from a ballot marked by hand because the unit has a library of random handmade marking images which it prints onto the ballot, so that the printed markings look just like marks made by hand with a pen. This feature ensures that if the paper ballots are later reviewed by election officials, they will not be able to determine which ballots were made by the Ballot Marker Device, thereby maintaining voter privacy. The paper ballot printed by the Ballot Marker Device will emerge from the unit hidden under a covering and will be placed in a secrecy folder. The voter, or poll worker if requested by the voter, will then insert the ballot into the scanner component of the tabulator. The scanner can be configured to perform a second independent review of the ballot, by interpreting the vote markings and playing them back over the headphones for voter confirmation. This allows the voter to ensure that the paper ballot generated by the Ballot Marker Device is correctly marked with the votes they selected. The voter can use the handheld controller to cast the ballot or return for further review. While an accessible voting session is in process, the tabulator can simultaneously process paper ballots inserted by other voters, allowing the single tabulator to handle both voting channels and maintain the flow of voters. 43

37 4.10 Accessible Voting Technologies Voting Day Accessible Voting Technologies are only available on advance polling dates Voting Assistance Persons with a disability may be accompanied by a support person within the Voting Location. In addition, the Deputy Returning Officer (DRO) in each Voting Location can assist the voter in casting their vote. Prior to entering the voting booth, the Deputy Returning Officer shall, in conjunction with the person with a disability, determine the extent to which they want assistance and the best way in which this assistance can be provided. This may include actually marking the ballot as directed by the person with a disability. Where a Voting Location is located in an institution or retirement home, the Deputy Returning Officer can visit voters in their specific living areas or at their bedside to assist them to vote. All Deputy Returning Officers are sworn to an oath of secrecy. 5 Additional Information 5.1 City of St. Catharines Office of the City Clerk The Office of the City Clerk is located at City Hall on the 2nd floor, 50 Church Street, St. Catharines. The Office of the City Clerk s election staff can answer any questions you may have about running for office, the election in general or specific provisions for persons with a disability. See Section 2.4 for additional contact information. 5.2 City of St. Catharines - Election Website The City of St. Catharines Election Website is continuously updated to reflect the most recent developments and information. Visit the site for an up-to-date list of candidates and other important messages or events throughout the election year at Ministry of Municipal Affairs and Housing - Election Website This website contains information about municipal elections, the Province of Ontario 2014 Municipal Elections Candidates Guide and the Ministry s commitment to promote greater accessibility for voters and candidates with a disability Ministry of Community and Social Services The Ministry of Community and Social Services provides information on accessibility and accessibility legislation. For more information visit: Service Ontario e-laws This website contains all current statutes including the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005, 44