Municipality of West Grey Election Procedures

Transcription

1 Municipality of West Grey Election Procedures June

2 Table of Contents Page Number Nominations 3 Voters List 19 Proxy Voting 33 Voting Place 37 Personnel 42 Ballot 68 Advance Vote 70 Procedures at Voting Place 75 Scrutineer 87 Ballot Count Procedures 94 Emergencies 97 Notice of Election Results 99 Recount 102 Candidates Financial Disclosure 111 Election Records 118 2

3 Nominations 3

4 Nomination Papers 2014 Nomination Procedure The giving of notice for nominations shall be similar to the attached Form EL17 and shall be published in at least one local newspaper having general circulation in the Municipality of West Grey. The notice shall also be posted at the Municipality of West Grey Municipal Office, as well as other locations at the discretion of the Clerk. Nomination Papers for the following offices will be available to the public at the Clerk/Returning Officers Office: Mayor Councillors English Language Public School Board English Language Separate School Board French Language Public School Board French Language Separate School Board A nomination must be signed by the candidate and may be filed in person or by an agent during regular normal office hours (8:30 a.m. to 4:30 p.m.) of the Clerk between January 2, 2014 and September 11, 2014, and between the hours of 9:00 a.m. and 2:00 p.m. on September 12, 2014 (Nomination Day). In the event there are insufficient number of certified candidates to fill all positions available, nominations will be reopened for the vacant positions only on Wednesday, September 17, 2014, between the hours of 9:00 a.m. and 2:00 p.m. and such nominations, if required, may be filed in the office of the Clerk. The nomination shall: a) be in the prescribed form; b) be accompanied by a consent to the nomination and a declaration of qualification, both in the prescribed form, signed by the person being nominated, and c) be accompanied by the prescribed nomination filing fee of $ for the head of Council and $ for all other offices. The filing fee is payable by cash (or debit), certified cheque, or money order (no personal cheque). The onus is on the person nominated for election to an office to file a bona fide nomination paper. No faxed or other electronically transmitted nomination paper will be accepted. 4

5 The Nomination Paper will then be checked to ensure that the Nominee is listed on the Preliminary List of Electors for the Municipality of West Grey or for the affected School Board and show proof of who they are. The Clerk or designate reserves the right to request to view identification of any or all candidate(s). The Clerk/Returning Officer, or designate, shall prepare and post in the municipal office, and on the Municipal website at an UNOFFICIAL list of persons filing nomination papers which is to be updated as each nomination paper is filed. The list shall be clearly marked UNOFFICIAL. All nomination papers will be formally certified prior to 4:00 p.m. on Monday, September 15, 2014, but will be reviewed previously by Election Staff. The Nomination Papers will then be filed. Nomination Day September 12, 2014 (Section 31) Nomination papers will be received at the municipal office on Nomination Day between the hours of 9:00 a.m. and 2:00 p.m. No Nomination Papers will be accepted after 2:00 p.m. on Nomination Day. Procedure for the handling of Nomination Papers on Nomination Day will be the same as above. The UNOFFICIAL Nomination list will be updated. The Final list of certified nomination forms shall be posted at the municipal office by noon on Wednesday, September 17, 2014 on Form EL07. (or equivalent Municipal World form in this case, or any following cases for forms cited). Rejection of Nomination Paper (Section 35(3)) If the Candidate is not qualified to be nominated, the Clerk/Returning Officer or designate will reject the Nomination and complete Form EL22A. A telephone call shall be made to the candidate informing him/her of the rejection, and a Notice of Rejection shall be given, by registered mail, as soon as possible, to: The person who sought to be nominated, and All candidates for the office. 5

6 Withdrawal of Nomination Papers (Section 36) Candidates may withdraw their Nomination by filing a withdrawal in writing on Form EL19 or equivalent, with the Clerk/Returning Officer or designate before 2:00 p.m. on Nomination Day (September 12, 2014); or before 2:00 p.m. on the Wednesday following Nomination Day (September 17, 2014), if the person was nominated under subsection 33 (5). The withdrawal shall be noted on the appropriate List of Candidates. Nomination Papers Equal Number of Certified Nomination Papers and Offices (Section 37(1)) If, at 4:00 p.m. on the Monday following Nomination Day (September 15, 2014), the number of candidates for an office is the same or less than the number to be elected, the Clerk/Returning Officer or designate, shall immediately declare the candidate or candidates elected by acclamation. The Clerk/Returning Officer or designate, shall cause to be posted a Declaration of Election of Candidate by Acclamation (Form EL20). In this situation, there shall be no election conducted for this position(s). Nomination Papers Fewer Number of Nomination Papers Than Offices (Sections 33 (5), 37 (2)) If the number of nominations filed for an office and certified under section 35 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 the Wednesday following Nomination Day (September 17, 2014). If at 2:00 p.m. on September 17, 2014, additional Nomination Papers have been filed, the procedures outlined in the Municipal Elections Act, 1996, as amended, are to be followed. If between 9:00 a.m. and 2:00 p.m. on Wednesday, September 17, 2014, there is more than a sufficient number of certified Nominations to fill the Office(s), an election shall be conducted, subject to any withdrawal of Nominations under Section 36, with the names of the persons who have filed certified Nomination Papers. If additional nominations have been filed under subsection 33 (5) and if, at 4:00 p.m. on the Thursday following Nomination Day (September 18, 2014), the number of certified candidates still does not exceed the remaining number of vacancies, the Clerk shall immediately declare the additional candidate or candidates elected by acclamation. 6

7 Additional Nominations Equivalent to Number of Offices If at 4:00 p.m., on Thursday, September 18, 2014, there is a sufficient number of certified Nomination Papers filed to fill the office(s), the Clerk/Returning Officer or designate, shall cause to be posted a Declaration of Election of Candidate by Acclamation Additional nominations. Insufficient Number of Nominations Papers Filed to Form a Quorum Municipal Council (Section 37(4) 1) If the number of Nomination Papers filed is insufficient to form a quorum of the Municipal Council, a by-election shall be held. Sufficient Number of Nomination Papers Filed to Form a Quorum Municipal Council (Section 37 (4) 2) If the number of Nomination Papers filed is less than the number of positions for an office of the Municipal Council, but does form a quorum, clause 263 (1) (a) of the Municipal Act, 2001 applies. Death/Ineligibility of a Candidate (Section 39) If a certified candidate for an office, before the close of voting on voting day, dies or becomes ineligible to hold the office, (a) if no candidate would be elected by acclamation as a result of the death or ineligibility, i) the election shall proceed as if the candidate had not been nominated, and ii) the clerk shall omit the candidate s name from the ballots or, if they have already been printed, shall cause notice of the candidate s death to be posted in every voting place; (b) if another candidate would be elected by acclamation as a result of the death or ineligibility, the election is void and a by-election shall be held to fill the office. (Form EL21) Refund of Nomination Filing Fee (Section 34) A candidate is entitled to receive a refund of the nomination filing fee if he or she, (a) withdraws the nomination under section 36; (b) (c) is elected to the office; or receives more than the prescribed percentage of the votes cast in the election for the office. 7

8 Campaign Expenses (Section 76 (7)) The Clerk/Returning Officer or designate shall within 10 days after nomination day (Monday, September 22, 2014) calculate the maximum expenses permitted by subsection 76 (4) for each office for which nominations were filed with him or her; and give a certificate of the applicable maximum to each candidate. Form EL37 Certificate of Maximum Campaign Expenses shall be the form used to denote the maximum campaign expenses, and the Clerk/Returning Officer or designate s calculation is final. 8

9 Nomination Paper Form 1 9

10 2014 Municipal Elections Unofficial List of Nominations Filed Note: This is a list of candidates who have filed nomination papers. These candidates have not yet been certified to run for office. Municipality of West Grey Mayor Name Address Municipality of West Grey Deputy Mayor Name Address Municipality of West Grey Councillor Name Address Municipality of West Grey /Town of Hanover - English Public School Trustee Name Address Municipality of West Grey/Township of Southgate/Municipality of Grey Highlands/Town of Hanover English Separate School Trustee Name Address 10

11 2014 Municipal Elections Municipality of West Grey Additional Nominations Take notice that the number of candidates for the office of was not sufficient to fill the number of vacancies to which candidates may be elected. And further take notice that the Clerk/Returning Officer may receive and certify additional nominations for the remaining vacancies in the office of between the hours of 9:00 a.m. and 2:00 p.m. on Wednesday, September 17, 2014 subject to the provisions of subsection 33(5) of the Municipal Elections Act, Offices For Which Persons May Be Nominated, to be elected And further take notice that the manner in which nominations shall be filed is set forth in Section 33 of the Municipal Elections Act. Nomination forms and full particulars of procedures to be followed may be obtained from the undersigned. Given under my hand this day of September, Clerk/Returning Officer of 11

12 Form EL07 List of Certified Candidates Municipal Elections Act, 1996 (s.11(4) 2) Notice is hereby given to the Municipal Electors of the (Municipality of West Grey) That during the period commencing on January 2, 2014 and completed on Nomination Day, September 12, 2014, the following persons filed all necessary papers, declarations and fees and as Clerk, I am satisfied that such persons are qualified and that their Nominations satisfy the requirements of the Municipal Elections Act, I have, therefore, certified such candidates for the office, which follows their respective name: Name of Candidate Office Dated this day of, Municipal Clerk or designate Note: This form may be used by the Clerk responsible for nominations, to advise Clerks in other municipalities who are responsible for conducting a vote for candidates elected across more than one municipal jurisdiction. While Section (11) deals with Police Villages, the form may also be used by Clerks involved with shared School Trustee positions. 12

13 Form EL17 Notice of Nomination For Office Municipal Elections Act, 1996 (s.32) Notice is hereby given to the Municipal Electors of the (Municipality of West Grey) Nominations in the (Name of Municipality) for the offices of: (List of Municipal Positions) (List of Positions on Local Boards) (List of School Board Positions Shared With Other Municipalities) (with directions for filing nominations) may be made by completing and filing in the office of the Clerk, nominations on the prescribed form and accompanied by the prescribed nomination filing fee of $ for the Head of Council and $100 for all other offices. The filing fee is payable by cash, certified cheque or money order. A nomination must be signed by the candidate and may be filed in person or by an agent during regular business hours between January 2, 2010 and September 11, 2014, and between 9 a.m. and 2 p.m. on September 12, 2014 (Nomination Day). In the event there are an insufficient number of certified candidates to fill all positions available, nominations will be reopened for the vacant positions only on Wednesday, September 17, 2014, between the hours of 9 a.m. and 2 p.m. and such additional nominations, if required, may be filed in the office of the Clerk. Electors are hereby given notice that if a greater number of candidates are certified than are required to fill the said offices, voting places will be opened on the dates stated below for the purpose of voting. Advance Votes(s) - (Dates) (Times) Voting Day - Monday, October 27, 2014 (10 a.m.- 8 p.m.) Dated this day of, 2014 Municipal Clerk or designate 13

14 Form EL19 Withdrawal of Nominations Municipal Elections Act, 1996 (s.36) I,, hereby withdraw my name as a (Name of Candidate) candidate for the office of. (Name of Elected Office) Date Signature of Candidate This withdrawal delivered to me at (time) This day of, Municipal Clerk or designate Note: A person who has been nominated may withdraw his or her nomination by filing a written withdrawal in the Clerk's office by 2 p.m. on Nomination Day (September 12, 2014) if the nomination was filed on or before Nomination Day, and by 2 p.m. on September 17 th, if the nomination was filed under subsection 33(5). Also Note: Clerk may want to require a candidate to appear in person, with identification in order to withdraw their nomination. If not, then anytime that a nomination withdrawal is submitted by someone other than the nominee, the Clerk should follow up to ensure that the withdrawal was submitted with the nominee's permission. 14

15 Form EL22A Notice of Rejection of Nomination Municipal Elections Act, 1996 (s. 35 (4)) To: / (Name of Candidate) (Office) (Address) (Postal Code) From: The Clerk of the Municipality of West Grey Take notice that your nomination filed with me has been examined and the same has been rejected for the following reasons: I am not satisfied that you are a person qualified to be nominated as required by the Municipal Elections Act, 1996 or by the relevant legislation which sets out qualification for the office for which you filed your nomination. I am not satisfied that your nomination satisfies the requirements of the Municipal Elections Act, Date Signature of Clerk or designate Note: The Clerk's decision to reject a nomination is final and where so rejected, the Clerk shall give notice of such rejection to the person who sought to be nominated and to all candidates for that same office. (s. 35 (4) +(5)). The Clerk may choose to expand on the above options to include specific reasons for the rejection of the nomination. 15

16 Form EL20 Declaration of Acclamation to Office Municipal Elections Act, 1996 (s. 37(1)) I hereby declare the certified candidates listed below to be acclaimed to the office that follows their respective names pursuant to Section 37 of the Municipal Elections Act, 1996: Name of Certified Candidate Office Dated this day of, Municipal Clerk or designate 16

17 Form EL21 Notice of Death/Ineligibility of Candidate Municipal Elections Act, 1996 (s.39 (a)) Notice is hereby given that a candidate (name of candidate) for the office of has died/become eligible to hold the office. Since no other candidate would be elected by acclamation as a result of the death/ineligibility, the election for this office shall proceed as if the deceased/ineligible candidate had not been nominated. or Since, as a result of the death/ineligibility, another candidate would be elected by acclamation to office, the election for the above office is void and a by-election shall be held. Dated this day of, Municipal Clerk or designate 17

18 Form EL37 Certificate of Maximum Campaign Expenses Municipal Elections Act, 1996 (s. 76 (7)) To: / (Name of Candidate) (Office) (Address) (Postal Code) From: The Clerk, or designated election official, of (Name of Municipality) I hereby certify that the maximum campaign expense that a candidate is permitted to incur for the office of in the Municipal Election to be held October 27, 2014 is. Date Municipal Clerk or designate The Clerk shall give candidates a preliminary calculation of the maximum campaign expenses at the time of filing the nomination paper, based upon the number of electors on the Voters List as of Nomination Day for the 2010 election. Within ten (10) days after Nomination Day, the Clerk shall give a final certificate of the applicable maximum campaign expense to each candidate. The number of electors to be used in this final calculation is to be the greater of the number of electors from the 2010 or 2014 elections. (s.76) Certificate to be given to candidate in accordance with Section 13. *Formula for calculation provided in Section 76(4). 18

19 Voters List 19

20 Certification of Voters List (Sections 19 28) The Preliminary List of Electors supplied by the Municipal Property Assessment Corporation shall be delivered to the Clerk/Returning Officer by the 15 th day of August, The preliminary list of electors shall contain the name and address of each person who is entitled to be an elector under section 17; and any additional information the Clerk needs to determine for which offices each elector is entitled to vote. In addition, the name of each resident elector shall be entered on the preliminary list for the voting subdivision in which he or she resides; and the name of each non-resident elector shall be entered on the preliminary list for the voting subdivision in which the elector or his or her spouse is an owner or tenant of land. An elector s name shall appear on the preliminary list for a local municipality only once. The Clerk may correct any obvious error in the preliminary list and shall notify the assessment commissioner of the corrections. The corrected preliminary list becomes the Voters List. The Voters List shall be corrected on or before September 1, The Clerk shall deliver copies of the Voters List to persons entitled, as per section 23 of the Municipal Elections Act, 1996, as amended. Copies of the Preliminary List of Electors and Voters List shall only be provided in accordance with the attached Policy For Use Of Voters List. The Clerk/Returning Officer or designate shall place in a local newspaper as soon as practical on or after September 1, 2014, a Notice of Posting of Voters List, generally in the form as attached. Applications for inclusions, additions or corrections to, or deletions from the Voters List for your own name may be made from September 2, 2014 until Voting Day on Monday, October 27, Applications for removal of another elector s name from the Voters List may be made from September 2, 2014 until September 12, Revisions to the Voters List will be made during normal office hours, from 8:30 a.m. to 4:30 p.m., at the Municipality of West Grey Municipal Office. Revisions may also be made on the dates of the Advance Votes, being, October 4, 2014, from 10:00 a.m. to 5:00 p.m., October 10, 2014, from 1:00 p.m. to 8:00 p.m., October 15, 2014, from 1:00 p.m. to 8:00 p.m., and October 18, 2014, from 10:00 a.m. to 5:00 p.m., at the Advance Voting Place (West Grey Municipal Office). (Form EL15, EL 16, or Municipal World Forms 1203, 1204, 1205, 1207) 20

21 The Clerk/Returning Officer or designate, shall, within 10 days of nomination day (Monday, September 22, 2014) prepare an interim list of the changes to the Voters List approved under sections 24 and 25 on or before nomination day; and give a copy of the interim list to each person who received a copy of the Voters List under section 23 and to each certified candidate (Form EL18A). The Clerk/Returning Officer or designate, shall prepare and certify the Voters List (Form EL22) for use in each voting place established under section 45. The Clerk/Returning Officer or designate, shall prepare a final list of changes to the Voters List approved under sections 24 and 25, and give a certified copy of the final list of changes to the assessment commissioner together with a copy of the approved applications under sections 24 and 25 (Form EL19A). 21

22 Clerk s Notice of Posting of Voters List for Electors of the Municipality of West Grey Notice is hereby given that I have complied with Section 23 of the Municipal Elections Act, 1996, as amended, and that I have posted in the Municipality of West Grey Municipal Office on or before the 1 st day of September, 2014, the list of persons eligible to vote in the municipality at the Municipal Elections and the list remains there for inspection. The Voters List should be examined to ensure the names and relevant information is correctly shown. I hereby call upon all such electors to examine the list and to take immediate proceedings to have any errors or omissions corrected according to the Municipal Elections Act by completing and filing the appropriate form obtainable at the Municipality of West Grey Municipal Office at Grey Rd. 4, in the former Township of Bentinck. Applications for inclusions, additions or corrections to, or deletions from the Voters List for your own name may be made from September 2, 2014 until Voting Day on Monday, October 27, Applications for removal of another elector s name from the Voters List may be made from September 2, 2014 until September 12, Revisions may also be made on the dates of the Advance Votes, being, October 4, 2014, from 10:00 a.m. to 5:00 p.m., October 10, 2014, from 1:00 p.m. to 8:00 p.m., October 15, 2014, from 1:00 p.m. to 8:00 p.m., and October 18, 2014, from 10:00 a.m. to 5:00 p.m., at the Advance Voting Place (West Grey Municipal Office). Qualifications of Electors A person is eligible to be an elector at an election held in a local municipality, if any person on Voting Day, October 27, 2014, meets the following qualifications: 1. Is a Canadian citizen; 2. Is at least 18 years old on Voting Day; 3. Resides in the municipality or is the owner or tenant there, or the spouse of such owner or tenant; 4. Any person not prohibited, by law, from voting. Mark Turner, Clerk & Returning Officer, Municipality of West Grey 22

23 Form EL15 23

24 Form EL16 Application for Removal Of Another s Name From Voters List (Prepare in triplicate) Municipal Elections Act, 1996 (s. 25) Municipality Surname of Applicant Given Names Full Address of Residence Apt No. Postal Code In Respect Of Name as Entered on Voters List Full Address of Residence Apt No. Postal Code Entered On List For Ward No. (if any) Voting Subdivision No. (if any) Assessment Roll Number (to be completed by Clerk or designated election official) I, the undersigned, hereby state: Statement By Applicant That I have good reason to believe that the person named above as entered on the Voters List for the said voting subdivision in this municipality is not entitled to be an elector and to have her/his name entered thereon; and; 24

25 Form EL16 Application For Removal of Another s Name From Voters List (cont d) That I will personally or by a representative attend a hearing to be held by the Clerk or designate and there establish the validity of my application, the facts in support of which are as follows: (signature of applicant) (date signed) Notice of Hearing Take notice that the above application has been filed with me under the authority of section 25 of the Municipal Elections Act, 1996 alleging that the above named elector has been wrongfully included on the Voters' List prepared for the said voting subdivision in this municipality. Such name may be removed from the Voters' List if you or your representative do not appear at the hearing, to be held as set out below, to oppose this application and to substantiate your right to have your name remain on the list. Hearing to be held: Date Time Municipal Clerk or designate Place (date of notice) Address NOTE: A hearing is not required to delete the name of a deceased person. (telephone no.) 25

26 Form EL16 Application For Removal of Another s Name From Voters List (cont d) Outcome of Hearing: (Clerk shall note reasons for decision). Date Municipal Clerk or designate See Section 25 (3) - (9) for notice provisions. 26

27 Form EL18A Interim List of Changes Municipal Elections Act, 1996 (s. 27 (1) a) Municipality of West Grey I hereby certify that up to Nomination Day, I approved the enclosed revisions to the Voters List for this Municipality. Dated this day of, Clerk or designate Note: This form is used for listing revisions to the list up to and including Nomination Day. Revisions to the list continue to 8 p.m. on Voting Day For elector status, information to be included should be the same as appears on the Voters List. Within 10 days (September 12, 2014) after Nomination Day (September 2, 2014), the clerk shall prepare an interim list of the changes to the voters list approved under sections 24 and 25 on or before Nomination Day; and give a copy of the interim list to each person who received a copy of the voters list under section 23 and to each certified candidate. 27

28 Form EL22 Certificate of the Voters List Municipal Elections Act, 1996 (s. 28 (1)) I hereby certify that the attached Voters' List contains the names of persons entitled to vote at the Municipal Elections to be held on Monday, October 27, 2014, for the voting subdivision(s) set out below: Municipality Ward No (if applicable) Voting Subdivision No(s) (if applicable) Dated this day of, Municipal Clerk or designate NOTE: The Voters' List for use in the Voting Subdivision should be prepared as late as possible so that as many revisions made to the List as possible can be included. Clerks may choose to create this List from a computer database. 28

29 Form EL19A Final List of Changes Municipal Elections Act, 1996 (s.27 (2) a) Municipality of West Grey I hereby certify that the following additions, deletions and changes were made to the Voter's List for this Municipality. Dated this day of, Clerk Note: Be sure to include all additions made by the Deputy Returning Officers at the voting place on voting day. (provided the Clerk has delegated this function to the DRO's) This list is to be prepared by the date fixed by the Minister of Finance under the Assessment Act. (November 26, 2014) 29

30 Policy For Use of Voter s List The Preliminary List of Electors and Voter s List have been compiled for the public to be used for electronic purposes only. The Voter s List may be inspected by the public at the Clerk's Office commencing on Tuesday, September 2, 2014, during normal office hours. The Clerk/Returning Officer shall only post these lists in municipal public facilities that ensure that access to the list is supervised at all times. On written request, the Clerk/Returning Officer shall provide a copy of the voter's list to: - the secretary of a local board any of whose members are required to be elected at an election conducted by the Clerk/Returning Officer, or that has submitted a question to the electors; - the Clerk/Returning Officer of the local municipality responsible for conducting the elections in any combined area for school board purposes; - the Clerk/Returning Officer of an upper-tier municipality any of whose members are required to be elected at an election conducted by the Clerk/Returning Officer, or that has submitted a by-law or question to the electors; and - the Minister, if he or she has submitted a question to the electors. On the written request of a candidate for an office, the Clerk/Returning Officer shall provide him or her with the voter's list that contains the names of the electors who are entitled to vote for that office. On the written request of a member of the House of Commons or of the Assembly who represents any part of the Clerk's/Returning Officer municipality, the Clerk/Returning Officer shall provide him or her with a copy of the voter's list. Where facilities exist for the voter's list to be provided electronically, the Clerk/Returning Officer may choose to provide it in this format. Additional photocopies of the Voter's List may be purchased by authorized persons at the fee prescribed by the Municipality of West Grey, which is presently 35 cents per page. The Voters List may only be used for election purposes. 30

31 Form EL14 Candidate s Declaration - Proper Use of Voters List Municipal Elections Act, 1996 (s.23(4); 88(10)) I,, being a candidate for the office of, hereby request the Clerk to provide me with the following information when it becomes available: - a paper copy of the Voters List (on or before Tuesday, September 2, 2014). Please note that a copy of all revisions made to the Voters List will be provided on or before Monday, September 22, a copy of the Lists showing the name of each person who has voted at each Advance Vote. I, the undersigned, do hereby agree to use the Voters List for election purposes only and I understand that I am prohibited by the Municipal Elections Act, 1996 from using the Voters List for commercial purposes. Signature Date Name: (please print) 31

32 Form EL52 Request For Copy of Voters List Municipal Elections Act, 1996, s. 23 (4) Municipality of West Grey I hereby make written request for a copy of the voters list for the Municipality of West Grey under Section 23 (4) of the Municipal Elections Act, No person shall use information obtained from these lists, except for election purposes. The use and sale of these lists for commercial purposes is therefore prohibited. 32

33 Proxy Voting 33

34 Proxy Voting (Section 44) Any person whose name is on the voting list or who has been added by revision may vote by proxy. There are no limitations on who may vote by proxy provided they are entitled to be an elector. A person wishing to appoint a proxy voter must do so on the prescribed Form 3. The appointment may only be made after 2:00 p.m. on Nomination Day (September 12, 2014) to October 27, 2014, 4:30 p.m., unless additional nominations are required in which case, the first day after 2:00 p.m. is September 17, The person appointed must be entitled to be an elector. A person appointed as a proxy may only act for one person. This restriction does not apply if the proxy and the other person are spouses, or siblings of each other, parent and child or grandparent and grandchild. The person appointed a voting proxy shall complete an application in the prescribed form including a statutory declaration that the person is the person appointed as a voting proxy and shall bring the form in person to the Clerk/Returning Officer at the Clerk/Returning Officer's office during normal office hours or during the period from 12:00 noon to 5:00 p.m. on the day of an advance vote. The Clerk/Returning Officer shall if satisfied that the person who appointed the voting proxy is qualified to appoint a proxy and the person so appointed is qualified to act as a proxy voter, give a certificate in the prescribed form. Not more than one voting proxy may be appointed on behalf of any one person. No application shall be approved by the Clerk/Returning Officer after 4:30 p.m., on voting day. Proxy forms can be distributed at any time but the forms will not be approved until after Nomination Day. 34

35 Form 3 Appointment of Voting Proxy 35

36 36

37 Voting Place 37

38 Voting Place Voting Place means the area designated by the Clerk/Returning Officer in which the facilities for the conduct of the vote are located. Establishing Voting Places In the designation of the voting place consider that the Deputy Returning Officer can attend on voters impaired by disability or some other cause anywhere within the area of the designated voting place. The Clerk/Returning Officer shall consider the needs of electors whose mobility is impaired when choosing voting places. All voting places will be accessible to the mobility impaired. Confirm locations in writing. Ensure that each location will be open & clarify what, if any, furniture will be provided by the owner. Identify a contact person for voting day. The voting place should be large enough to permit a proper layout - secrecy for voter, etc. The entire property may be designated as the voting place. This will make it easier to require removal of prohibited election material. When designating the voting place area be prepared to reasonably control the area re signs, campaigning, etc. In the case of institutions or retirement homes referred to in Section 45(7), Council may pass a by-law that provides for reduced voting hours (Section 46 (3)). Voting Places The Clerk/Returning Officer shall establish the number and location of voting places for an election as he/she considers most convenient for the electors, allows easy access to persons who have a physical disability or a mobility impairment, and is furnished with light and heat and such other accommodation and furniture as may be required. The voting place may be provided outside the limits of the voting subdivision. If, in the opinion of the Clerk/Returning Officer, it is necessary to ensure that the maximum number of electors have access to conveniently located voting places, the Clerk/Returning Officer may request, not less than fourteen days before voting day, that premises be made available as a voting place that are under the control of, 38

39 a landlord of a building containing 100 or more dwelling units; a municipality, including a regional municipality a school board; or a provincially funded institution. A landlord, municipality, school board or institution receiving such a request shall provide a space, other than a space actually being used as a dwelling, acceptable to the Clerk/Returning Officer for use as a voting place. This space shall be free of charge. A voting place may be located outside its voting subdivision and outside of the local municipality. Every voting place shall be furnished with compartments in which electors may mark their ballots without other persons being able to see how they are marked and it is the duty of the Clerk/Returning Officer and the Deputy Returning Officer respectively to ensure that a sufficient number of compartments are provided at each voting place. The Clerk/Returning Officer may unite two or more adjoining voting subdivisions and provide for one voting place for the united subdivisions. Where there are two or more voting places in a voting subdivision, each voting place shall be designated by the initial letters of the surnames of the electors who are qualified to vote therein, that is to say, A to M and N to Z, or as the case may be, and an elector is entitled to vote at the appropriate voting place designated accordingly. The Clerk/Returning Officer shall post a notice in at least two conspicuous places within the municipality and, where there is a newspaper having general circulation in the municipality, publish a notice at least once in the newspaper, advising the date and time of voting, including advance voting. In addition, voter information flyers will be mailed to electors including this information as well as the location of voting places. In the event of a mail service disruption this information will be published once in a local newspaper unless, in the Clerk's judgement, a mailing can be satisfactorily completed. The West Grey website ( will also be utilized to notify electors of election related notices/information. 39

40 Special Voting Places A voting place shall be provided in or upon the premises of an institution located in a municipality that is, an institution for the reception, treatment or vocational training of persons who have served or are serving the Canadian Forces; an institution which has twenty or more beds occupied by persons who are disabled. an institution, including a hospital, a psychiatric facility, a home for the aged and a nursing home, which has twenty or more beds occupied by persons who are chronically ill or infirm; or a retirement home which has fifty or more beds occupied. A bed shall be deemed to be occupied if it is occupied on nomination day. Where a patient of the hospital or other institution is bedridden or is unable to walk, it is lawful for the Deputy Returning Officer and Poll Clerk with the candidates or their scrutineers to attend upon the person for the purpose of receiving his/her ballot, but no candidate or scrutineer shall be present where the ballot of any such voter is marked. A Deputy Returning Officer may, to allow an elector whose mobility is impaired by disability or some other cause to vote, attend on the elector anywhere within the area designated as the voting place. Supplies and Equipment For The Voting Place The Clerk/Returning Officer shall, before voting day, cause to be delivered to every Deputy Returning Officer in the municipality, a ballot box for his/her voting place a sufficient number of ballots to supply the electors on the voting list of his/her voting place a sufficient number of the prescribed directions for the guidance of electors for the purposes of the voting place two copies of the voting list for the voting place all materials necessary for the electors to mark their ballots; and such other materials as are prescribed A ballot box shall be made of durable material and constructed so that the ballots can be deposited therein and cannot be withdrawn without the box being unsealed or being unsealed and unlocked, as the case may be. When delivering the ballots for a voting place to a Deputy Returning Officer, the Clerk/Returning Officer shall certify the number of ballots so delivered and upon receiving them the Deputy Returning Officer shall make a count of 40

41 the ballots and forward the prescribed receipt to the Clerk/Returning Officer, and shall keep the certificate for return to the Clerk/Returning Officer with the other documents required to be returned to the Clerk/Returning Officer. Every Deputy Returning Officer before opening the voting place or immediately after he/she has received the printed directions from the Clerk/Returning Officer, if they were not received before opening the voting place, shall cause them to be placarded outside the voting place and in every compartment of the voting place, and shall see that they remain so placarded until the close of the voting place. 41

42 Personnel 42

43 Form EL11 Appointment and Oath Of an Election Official (Assistant Returning Officer) Municipal Elections Act, 1996 (s.15(2)) Municipality Municipality of West Grey Name of Person Appointed as Election Official The person named above is hereby appointed an Election Official (Assistant Returning Officer) for the Municipality of West Grey, and is hereby authorized to perform all the duties and responsibilities of the Clerk/Returning Officer as provided for in the Municipal Elections Act, Municipal Clerk I, the person named above, solemnly swear (or affirm) that I will: act faithfully in the capacity of Assistant Returning Officer and perform all the duties required by law without partiality, fear or affection, maintain and aid in maintaining the secrecy of the voting and, not interfere nor attempt to interfere with an elector when she/he is marking her/his ballot, obtain or communicate any information as to how an elector is about to vote or has voted, or directly or indirectly induce an elector to show her/his marked ballot to any person. Declared before me at the Municipality of West Grey in the County of Grey, this of, Municipal Clerk Assistant Returning Officer 43

44 The Municipal Elections Act, 1996 Implied and Direct Discretionary Authority of the Clerk Summary of Broad Discretionary Authority Section Short Description 7; 8(7) The Clerk has authority and control over the costs incurred for an election. 7(3)1 The Clerk shall bill a local board or upper tier municipality for the costs for a recount in a regular election for a local board or municipality, a by-law or question submitted by an upper tier or local board. 8(6) The Clerk is responsible for giving notice to the public for any question on the ballot, regardless of whether it was initiated by a municipality, an upper tier or the Minister. 11(1) The Clerk is responsible for conducting elections. Unless otherwise provided, the Clerk has broad discretionary authority to determine the form and method of communication for notices, forms and other information provided under the Act. 12(1) The Clerk may provide for any matter or procedure that is not specifically provided for in the Act or regulations. 12(2) The Clerk may establish forms such as oaths, statutory declarations and has the power to require their use. 12(3) The Clerk may require a person to furnish proof of identity, qualification or any other matter. 13(1) The Clerk shall determine the form, manner and timing of any notice or other information required by the Act. 22(2) For the purposes of subsection (1) correction of errors in the preliminary list, the clerk may use any information that is in the local municipality s custody or control 53(1) The Clerk has discretion in determining what constitutes an emergency or circumstances that will undermine the integrity of the election. 53(2) The Clerk has discretion in a declared emergency to make arrangements deemed necessary for the conduct of an election. 53(4) The Clerk determines when the emergency has passed. Cost of Elections 7(2),(4); The Clerk has authority and control over the finances of an election. 8(7) Notice of By-laws and Questions 8(6) The Clerk shall determine the form and method of notice to the electors of by-laws and questions to be place on the ballot. Certification of Vote Results 8(9) The Clerk shall determine the form of certification when giving the results of the vote. 44

45 IdIn Information to Electors formation to Electors Information to Electors 45(8) The Clerk may issue instructions to DRO s regarding attending on an elector in an institution or retirement home. 13(2) The Clerk may determine what information is necessary to inform electors how to exercise their rights under the Act. Short Description 12.1(1) The clerk shall identify strategies to provide for the needs of electors and candidates with disabilities. 12.1(2) Within 90 days after voting day in a regular election, the clerk shall submit a report to council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities. Appointment of Election Officials 15(1) The Clerk shall appoint a DRO for each voting place. The Clerk may appoint other election officials in addition to DRO s. The Clerk determines what instruction and training is provided to election officials. 15(2), (3), (4) The Clerk may delegate to election officials in writing, any of the Clerk s powers and duties, however, the Clerk may continue to exercise the delegated powers and duties despite delegation. Creation of Voting Subdivisions 18(1) The Clerk may divide the municipality into voting subdivisions. Correction of Preliminary List of Electors 19.1(1) The Clerk and the Municipal Property Assessment Corporation, may agree on a date for the delivery of the Preliminary List of Electors (which must be a date earlier than September 2) 22(1) The Clerk may correct the Preliminary List of Electors, and shall notify MPAC of the corrections. 22(2) For the purposes of subsection (1), the clerk may use any information that is in the local municipality s custody or control. Reproduction of Voters List 23(2)(a) The Clerk shall determine the method of reproducing the Voters List. Revision of Voters List 23(2)(b) The Clerk may determine at what time and where applications to revise the Voters List can be made. 24(1) The Clerk can determine the forms used for revision of the Voters List. 25(3)(a) The Clerk shall set the time and place for a hearing to decide on deletions from the Voters List. 25(3)(b) The Clerk shall determine the method and form of notice for a hearing to consider deletions from the Voters List. 25(4) The Clerk shall remove a name from the Voters List without a hearing if satisfied the person is deceased. 45

46 25(6) The Clerk shall decide to delete a name when the person affected does not attend the hearing, if satisfied that the person received notice or could not be found. 25(7)(b),( c) The Clerk can determine how to send a copy of an approved application to delete a name from the Voters List to the applicant and the affected person. 25(8.1) The Clerk shall not make a determination under Section 25(7) or (8) until after the hearing. 25(9) The Clerk decides whether a person can be found for the purpose of giving results of the hearing to delete a name from the Voters List under Section 25.(7) or (8)(c). 27(1)(a) The Clerk can determine the form and method of preparing an interim list of changes to the Voters List. 27(1)(b) The Clerk can determine how the interim list of revisions is delivered to certified candidates. Certification of Voters List, as Revised 28(1) The Clerk shall determine the method of preparing the Voters List for each voting place and the form of certification. Nominations 32. The Clerk can determine the form and method of giving notice of the offices for which persons may be nominated and the nomination procedures. 35(1) The Clerk shall examine nomination papers filed on or before Nomination Day (September 12, 2014) before 4:00 p.m. on Monday September 15, 2014; and if required, additional nominations filed on Wednesday September 17, 2014, shall be examined before 4:00 p.m. on Thursday, September 18, (2), (3) The Clerk shall certify the nomination of qualified persons, and reject the nomination if not satisfied the person is qualified. 35(4) The Clerk can determine the form and method of giving notice when a nomination is rejected. 35(5) The Clerk s decision to certify or reject a nomination is final. Acclamations 37(1), (2) The Clerk can determine the method of declaring acclamations. Notice of Election 40(a), (b), (c), (d) Ballot Form The Clerk shall give notice to the electors and determine the form and method of giving such notice about the location voting places, dates and times open, and the manner in which electors may use voting proxies if applicable. 41(1) The Clerk shall provide ballots in the prescribed form. 41(2)3. The Clerk can agree to permit another name that a candidate uses to appear on the ballot. 46

47 41(2)5. The Clerk can decide to include addresses to distinguish between candidates with similar names. However, every candidate s qualifying address shall appear under their name 41(3) The Clerk shall change some or all of the ballots to facilitate voting by the visually impaired without assistance. 41(4) The Clerk can decide to use separate or composite ballots. Voting or Vote Counting Equipment or Alternate Voting Method 42(3)(a) Where there is a by-law providing for voting or vote counting equipment or (i),(ii) an alternative voting method, the Clerk has discretion in establishing forms and procedures for carrying out the intent of the by-law. 42(3)(b) The Clerk can determine the method of providing a copy of the procedures and forms to candidates. Advance Vote 43(3) The Clerk shall hold an Advance Vote in accordance with the by-law passed by Council in Section 43(1). 43(5)(b) The Clerk determines how to keep safe any Advance Vote ballot boxes and (ii) all other material and documents relating to the Advance Vote. 43(7) The Clerk determines the method of updating Voters List to reflect Advance Voting. Proxies 44(7) The Clerk may determine what is required to verify that persons are qualified to appoint and be appointed as a voting proxy. Voting Places and Procedures 45(1), (3), (5) The Clerk has discretion in identifying and establishing voting places, and designating the area. 45(2) In establishing the locations of voting places, the Clerk shall have regard to the needs of electors with disabilities. 45(7)1,2, A voting place shall be located in an institution for the reception, treatment 3 or vocational training of members or former members of the Canadian Forces, an institution where 20 or more beds are occupied by persons who are disabled, chronically ill or infirm, and in a retirement home in which 50 beds or more are occupied. 45(8) The Clerk may issue instructions to DRO s regarding attending on an elector in an institution or retirement home. 45(9) The clerk shall issue instructions to DRO s regarding attending on electors with a disability, including mobility impaired, anywhere within the defined voting place. 47(1)(a) The Clerk has discretion to go to or remain in voting places during voting. Emergency 53(1) The Clerk has discretion in determining what constitutes an emergency or circumstances that will undermine the integrity of the election. 53(2) The Clerk has discretion in a declared emergency to make any arrangements deemed necessary for the conduct of the election. 47

48 53(4) The Clerk determines when the emergency has passed. Opening Ballot Box 55(3) The Clerk shall determine the results of the election by compiling the statement of results received from the DRO 55(4) The Clerk shall as soon as possible declare the elected candidate(s) and the result of the vote on any question. 55(5) The Clerk, in the presence of the DRO, can decide to open a ballot box to assist with interpreting the statement of results. Recounts 56(1),(2) The Clerk shall hold a recount within ten (10) days if votes are tied. 59. The Clerk may decide to include other candidates for an office in a recount. 61(1) 1. The Clerk may be present at a recount in the case of a tie vote, when the Council, Board or Minister requires a recount and when the Ontario Superior Court of Justice orders a recount. (Section 56, 57 or 58 or 63) 61(2) 1. The Clerk may be present at a recount for a by-law or question. 61(6) The Clerk determines disputes concerning the validity of a ballot or the counting of votes in a ballot. 61(7) The Clerk may permit others to be present at a recount. 62(3); If the recount leaves two candidates tied, the Clerk shall choose the 63(10) successful candidate by lot. By-Elections 65(4) 1. The Clerk sets the date of Nomination Day, in the case of a by-election. 65(5) 1. The Clerk sets the date of voting if the by-election relates to a question or by-law. Financial Reporting (1) The Clerk determines the form of the preliminary certificate of maximum campaign expenses (upon the filing of a person s nomination) 76(7)(b) The Clerk determines the form and method of delivery of the certificate of maximum campaign expenses. 78(6) The Clerk determines the form and method of delivery of notice to candidates of the campaign expense filing requirements and shall give notice at least 30 days before the filing date. 79(4) The Clerk determines how campaign surpluses are held in trust. 80(3) The Clerk determines the form of the notice of default. 84(5) The Clerk determines the method of communicating the receipt of a disclaimer to the Council or the Board The Clerk shall determine the form and method of delivery of notice, to each person nominated for an office, of the penalties under subsections 80(2) and 92(5) related to election campaign finances. Election Records 88(2)(a) The Clerk determines the method used to destroy the ballots. 88(2)(b) The Clerk may determine what other documents or materials related to an election may be destroyed when the 120 day retention period has elapsed. 88(4) Financial statements must be retained until the next election. 48

49 88(9.1) The Clerk shall make the documents filed under sections 78 & 79.1 available at no charge for viewing by the public on a website on the Internet or in another electronic format as soon as possible after the documents are filed 49

50 Form EL10 Appointment and Oath Of Deputy Returning Officer Municipal Elections Act, 1996 (s.15(1)) Voting Subdivision No. Municipality Municipality of West Grey Name of Person Appointed as Deputy Returning Officer The person named above is hereby appointed Deputy Returning Officer (DRO) for the above Voting Subdivision in this municipality and is hereby delegated in addition to their statutory duties the following duties and responsibilities pursuant to the Municipal Elections Act,1996. duties and Responsibilities of Deputy Returning Officer; instructions to Deputy Returning Officers and Poll Clerks 2014 Municipal Election; procedures set out and/or approved by the Clerk/Returning Officer; Municipal Clerk or designate I, the person named above, solemnly swear (or affirm) that I will: act faithfully in the capacity set out in my appointment and perform all the duties required by law without partiality, fear or affection, maintain and aid in maintaining the secrecy of the voting, and not interfere nor attempt to interfere with an Elector when she/he is marking her/his ballot, obtain or communicate any information as to how an elector is about to vote or has voted, or directly or indirectly induce an Elector to show her/his marked ballot to any person. Declared before me at the Municipality of West Grey, in the County of Grey, this day of, Municipal Clerk or designate Deputy Returning Officer 50

51 Duties and Responsibilities Of the Deputy Returning Officer Identifying Information Position: Deputy Returning Officer Reports To: Clerk/Returning Officer Delegation of Power and Duties: The Municipal Elections Act, 1996 authorizes the Clerk/Returning Officer to appoint any other election officials for the election and for any recount that the Clerk/Returning Officer considers are required". Deputy Returning Officer (DRO) shall be defined as an election official appointed by the Clerk/ Returning Officer or Assistant Returning Officer to assist the Clerk Returning Officer in the performance of his or her duties In relation to the conduct of the voting places for the 2014 municipal election. Goals and Objectives: To maintain the integrity of the election process and to carry out the election process at the voting place. Responsibilities: All the duties/responsibilities of the Deputy Returning Officer shall be carried out in accordance with the Municipal Elections Act, 1996 and the procedure set out and/or approved by the Returning Officer. Pre Voting Day attend the training session/sign preliminary Oath pick up the voting supplies for his/her voting place verify the supplies received with the supply list provided by the Clerk/Returning Officer familiarize themselves with the election ballots, forms, oaths, voter's lists, and voting place familiarize themselves with the Elections Act and the procedures for conducting a voting place. sign Certificate and Receipt for Ballots - Form EL25A 51

52 Voting Day Monday, October 27, 2014 A. Before the Opening of the Voting Place Responsibilities include: arrive at the voting place one-half hour prior to the opening of the voting place open and set up the voting place remove all campaign material from the voting area B. During Voting Hours Responsibilities include: Pursuant to Section 15 (2) (4) DRO's are empowered pursuant to Section 24 to have a person's name added to or removed from the voter's list or to amend information on the voter's list relating to the person to be amended ensuring the conduct and integrity of the voting process determine the eligibility of voters ensure that all eligible voter's who request a ballot receive a ballot, that the voting area is free of campaign material and that the voting area is private administer any oaths as may be required that all ballots are accounted for close the poll at 8:00 p.m. (or as specified in Specialty Polls where hours of voting have been reduced) contact the Clerk/Returning Officer in the event of an emergency C. After the Close of the Voting Place Responsibilities include: conduct the counting of the ballots accurately and in a timely manner decision of DRO whether a ballot is to be counted or not once the counting of the ballots has been completed call the Municipal Election Office with the voting results complete the prescribed election forms including final Oath seal the ballot box and return all election materials and the ballot box to the Clerk/Returning Officer contact the Clerk/Returning Officer in the event of difficulties 52

53 Duties and Responsibilities Of Advance Deputy Returning Officer Identifying Information Position: Advance Vote - Deputy Returning Officer Reports To: Clerk/Returning Officer Delegation of Powers and Duties: The Municipal Elections Act, 1996 authorizes the Clerk/Returning Officer to appoint any other election officials for the election and for any recount that the Clerk/Returning Officer considers are required. Advance Vote Deputy Returning Officer shall be defined as an election official appointed by the Clerk/Returning Officer or Assistant Returning Officer to assist the Clerk/Returning Officer in the performance of his or her duties in relation to the conduct of the voting places for the 2014 Municipal election. Goals and Objectives: To maintain the integrity of the election process and to carry out the election process at the voting place. Responsibilities: All the duties/responsibilities of the Advance Vote Deputy Returning Officer shall be carried out in accordance with the Municipal Elections Act, 1996 and the procedure set out and/or approved by the Clerk/Returning Officer. Advance Vote - Pre Voting Day attend the training session/sign preliminary oath pick up the voting supplies for his/her voting place verify the supplies received with the supply list provided by the Clerk/Returning Officer familiarize themselves with the election ballots, forms, oaths, voter's lists, and voting location familiarize themselves with the Elections Act and the procedures for conducting a voting place sign Certificate and Receipt for Ballots - Form EL25A Advance Vote Voting Days - Saturday, October 4, 2014, from 10:00 a.m. to 5:00 p.m., Friday, October 10, 2014, from 1:00 p.m. to 8:00 p.m., Wednesday, October 15, 2014, from 1:00 p.m. to 8:00 p.m., and Saturday, October 18, 2014, from 10:00 a.m. to 5:00 p.m., at the West Grey Municipal Office. 53

54 A. Before the Advance Opening of the Voting Place Responsibilities include: arrive at the voting place one-half hour prior to the opening of the voting place open and set up the voting place remove all campaign material from the voting place B. During Advance Voting Hours Responsibilities include: Pursuant to Section 15 (2) (4) DRO's are empowered pursuant to Section 24 to have a person's name added to or removed from the voter's list or to amend information on the voter's list relating to the person to be amended open voting place at 10:00 a.m. (October 4 & 18, 2014), and at 1:00 p.m. (October 10 & 15, 2014) ensuring the conduct and integrity of the voting process determine the eligibility of voters ensure that all eligible voter's who request a ballot receive a ballot that the voting area is free of campaign material and that the voting area is private administer any oaths as may be required that all ballots are accounted for close the voting place at 5:00 p.m. (October 4 & 18, 2014) and at 8:00 p.m. (October 10 & 15, 2014) contact the Clerk/Returning Officer in the event of an emergency C. After the Close of the Advance Voting Place the DRO is responsible for sealing the ballot box and returning it and all other election material to the Clerk/Returning Officer for safekeeping until voting day. 54

55 D. Voting Day - Monday, October 27, 2014 The Advance Voting DRO and Poll Clerk will return to the Municipal Office prior to 8:00 p.m. on Monday, October 27, 2014, to carry out the following responsibilities: conduct the counting of the ballots accurately and in a timely manner decision of DRO whether a ballot is to be counted or not once the counting of the ballots has been completed notify the Clerk/Returning Officer with the voting results complete the prescribed election forms/sign final Oath seal the ballot box and return all election materials and the ballot box to the Clerk/Returning Officer contact the Clerk/Returning Officer in the event of difficulties 55

56 Form EL12 Appointment and Oath Of Poll Clerk Municipal Elections Act, 1996 (s.15(1)) Voting Subdivision No. Municipality Municipality of West Grey Name of Person Appointed as Poll Clerk The person named above is hereby appointed Poll Clerk for the above Voting Subdivision in this municipality and is hereby delegated in addition to their statutory duties the following duties and responsibilities pursuant to the Municipal Elections Act,1996. duties and Responsibilities of Poll Clerk; instructions to Deputy Returning Officers and Poll Clerks 2014 Municipal Election; procedures set out and/or approved by the Clerk/Returning Officer; Municipal Clerk or designate I, the person named above, solemnly swear (or affirm) that I will: act faithfully in the capacity set out in my appointment and perform all the duties required by law without partiality, fear or affection, maintain and aid in maintaining the secrecy of the voting, and not interfere nor attempt to interfere with an Elector when she/he is marking her/his ballot, obtain or communicate any information as to how an elector is about to vote or has voted, or directly or indirectly induce an Elector to show her/his marked ballot to any person. Declared before me at the Municipality of West Grey, in the County of Grey, this day of, Municipal Clerk or designate Poll Clerk 56

57 Duties and Responsibilities Of Poll Clerk Identifying Information Position: Poll Clerk Reports To: Deputy Returning Officer Delegation of Powers and Duties: The Municipal Elections Act, 1996 authorizes the Clerk/Returning Officer to appoint any other election officials for the election and for any recount that the Clerk/Returning Officer considers are required." "Poll Clerk" shall be defined as an election official appointed by the Clerk/Returning Officer or Assistant Returning Officer to assist the Deputy Returning Officer in the performance of his or her duties in relation to the conduct of the voting places for the 2014 Municipal election. Goals and Objectives: To maintain the integrity of the election process and to carry out the election process at the voting place. Responsibilities: All the duties/responsibilities of the Voting Clerk shall be carried out in accordance with the Municipal Elections Act, 1996 and the procedure set out and/or approved by the Clerk/Returning Officer. Pre Voting Day attend the training session/sign preliminary oath assist the Deputy Returning Officer with verifying the supplies received with the supply list provided by the Clerk/Returning Officer familiarize themselves with the election ballots, forms, oaths, voter's lists, and voting place familiarize themselves with the Elections Act and the procedures for conducting a vote 57

58 Voting Day - Monday, October 27, 2014 A. Before the Opening of the Voting Place Responsibilities include: arrive at the voting place one-half hour prior to the opening of the voting place assist the DRO with his/her responsibilities In preparing the voting area for receiving electors B. During Voting Hours Responsibilities include: assist the DRO in ensuring the conduct and integrity of the voting process for maintaining their copy of the voter's list by crossing the elector's name off their copy of the voting list and indicating opposite the name the numerical order in which he or she was given a ballot contact the Clerk/Returning Officer in the event of an emergency C. After the Close of the Voting Place Responsibilities include: assist the DRO with the counting of the ballots accurately and in a timely manner complete the prescribed election forms 58

59 Duties and Responsibilities Of Advance Vote Poll Clerk Identifying Information Position: Advance Vote Poll Clerk Reports To: Deputy Returning Officer Delegation of Powers and Duties: The Municipal Elections Act, 1996 authorizes the Clerk/Returning Officer to "appoint any other election officials for the election and for any recount that the Clerk/Returning Officer considers are required". "Advance Vote Poll Clerk" shall be defined as an election official appointed by the Clerk/Returning Officer or Assistant Returning Officer to assist the Deputy Returning Officer in the performance of his or her duties in relation to the conduct of the voting places for the 2014 municipal election. Goals and Objectives: To maintain the integrity of the election process and to carry out the election process at the voting place Responsibilities: All the duties/responsibilities of the Poll Clerk shall be carried out in accordance with the Municipal Elections Act, 1996 and the procedure set out and/or approved by the Clerk/Returning Officer. Advance Vote - Pre Voting Day attend the training session/sign preliminary oath assist the Deputy Returning Officer with verifying the supplies received with the supply list provided by the Clerk/Returning Officer familiarize themselves with the election ballot, forms, oaths, voter's lists, and voting location familiarize themselves with the Elections Act and the procedures for conducting a voting place Advance Vote Voting Days - Saturday, October 4, 2014, from 10:00 a.m. to 5:00 p.m., Friday, October 10, 2014, from 1:00 p.m. to 8:00 p.m., Wednesday, October 15, 2014, from 1:00 p.m. to 8:00 p.m., and Saturday, October 18, 2014, from 10:00 a.m. to 5:00 p.m., at the West Grey Municipal Office. 59

60 A. Before the Opening of the Voting Place Responsibilities include: arrive at the voting place one-half hour prior to the opening of the voting place assist the DRO with his/her responsibilities in preparing the voting place for receiving electors B. During Voting Hours Responsibilities include: assist the DRO in ensuring the conduct and integrity of the voting process for maintaining their copy of the voter's list by crossing the elector's name off their copy of the voting list and indicating opposite the name the numerical order in which he or she was given a ballot contact the Clerk/Returning Officer in the event of an emergency C. After the Close of the Advance Voting Place assist the DRO with dismantling and closing the voting place. D. Voting Day - Monday, October 27, 2014 The Advance Voting DRO and Voting Clerk will return to the Municipal Office for 8:00 p.m. on Monday, October , to carry out the following responsibilities: Responsibilities include: assist the DRO with the counting of the ballots accurately and in a timely manner complete the prescribed election forms take required oaths 60

61 Form EL12B Appointment and Oath Of an Election Official (Constable) Municipal Elections Act, (1) Municipality of West Grey Name of Person Appointed as Constable The person named above is hereby appointed Constable for the Municipality of West Grey and is hereby delegated the following duties and responsibilities pursuant to the Municipal Elections Act, attached hereto Schedule A procedures set out and/or approved by the Returning Officer Signature of Clerk/Returning Officer I, swear solemnly that I will: act faithfully in the capacity set out in my appointment and perform all the duties required by law without partiality, fear or affection; maintain and aid in maintaining the secrecy of the voting; and not interfere nor attempt to interfere with an elector when she/he is making her/his ballot, obtain or communicate any information as to how an elector is about to vote or has voted, or directly or indirectly induce an elector to show her/his marked ballot to any person NOTE: This form to be administered by the Election Assistant/Voting Station DRO Responsible for the Voting Place 61

62 Duties and Responsibilities Of a Constable Identifying Information Position: Constable Reports To: Clerk/Returning Officer Delegation of Powers and Duties: The Municipal Elections Act, 1996 authorizes the Clerk/Returning Officer to "appoint any other election officials for the election and for any recount that the Clerk/Returning Officer considers are required". "Constable" shall be defined as a police officer or a person appointed by the Clerk/Returning Officer to maintain peace and order at an election. Goals and Objectives: To maintain the integrity of the election process. Responsibilities: The duties and responsibilities of the Constable shall be carried out in accordance with the Municipal Elections Act, 1996 and the procedure set out and/or approved by the Clerk/Returning Officer. Voting Day A. Before the opening of the Voting Place Responsibilities include: ensure heat, light, phone services are available ensure access to poll is maintained and after close of poll access is maintained for persons authorized by Clerk to attend the poll until personnel are finished B. During Voting Hours Responsibilities include: If requested by the Deputy Returning Officer, Election Assistant/Voting Station DRO or Clerk/Returning Officer: ensuring the conduct and integrity of the voting process maintaining the orderly conduct and flow of electors through the voting place 62

63 maintaining peace and order in the voting place ensuring that only authorized persons are allowed to remain in the voting place acting as courier should concerns, questions or messages need to be transmitted. C. After the Close of the Voting Place Responsibilities include: if requested, assisting the Election Assistant/Voting Station DRO in securing the voting place. 63

64 Duties and Responsibilities of a Voting Station DRO/Election Assistant Identifying Information Position: Reports To: Voting Station DRO/Election Assistant Clerk/Returning Officer Delegation of Powers and Duties: The Municipal Elections Act, 1996 authorizes the Clerk/Returning Officer to "appoint any other election officials for the election and for any recount that the Clerk/Returning Officer considers are required". "Voting Station DRO/Election Assistant" shall be defined as an election official appointed by the Clerk/Returning Officer to assist the Clerk/Returning Officer in the performance of his or her duties in relation to the conduct of the voting places for the 2014 municipal election. Goals and Objectives: To maintain the integrity of the election process and to carry out the election process at the voting place. Responsibilities: All duties/responsibilities of the Voting Station DRO/Election Assistant will be assigned by the Clerk/Returning Officer. Voting Station DRO/Election Assistants are assigned the responsibilities to monitor voting places on Voting Day and are hereby delegated all of the powers of a Deputy Returning Officer, including authority to process additions, corrections or changes using Form EL15A or applicable Municipal World form. Pre Voting Day attend the training session/sign preliminary oath familiarize themselves with the Elections Act. complete any other duties as assigned by the Clerk/Returning Officer Voting Day Before the Opening of the Voting Place ensure heat, light, phone services are available ensure access to voting place is maintained and after close of voting place access is maintained for persons authorized by Clerk to attend the voting place until personnel are finished responsibilities as assigned by the Clerk/Returning Officer 64

65 During Voting Hours ensuring the conduct and integrity of the voting process maintaining the orderly conduct and flow of electors through the voting place maintaining peace and order in the voting place ensuring that only authorized persons are allowed to remain in the voting place acting as courier should concerns, questions or messages need to be transmitted pursuant to section 15 (2) (4), voting station DRO s are empowered pursuant to section 24 to amend information on the voters list relating to the person to be amended through Form EL15 or applicable Municipal World Form. responsibilities as assigned by the Clerk/Returning Officer After the Close of the Voting Place assist in dismantling and securing of the voting place responsibilities as assigned by the Clerk/Returning Officer 65

66 Form EL12C Appointment and Oath Of An Election Official Municipal Elections Act, 1996 (s.15(2)) Ward No. Voting Subdivision No. MUNICIPALITY OF WEST GREY Name of Person Appointed as Election Assistant/Revision Clerk The person named above is hereby appointed an Election Assistant for the above Voting Subdivision(s) in this municipality and is hereby delegated the following duties and responsibilities pursuant to the Municipal Elections Act, Duties and Responsibilities of and Election Assistant/Revision Clerk procedures set out and/or approved by the Clerk/Returning Officer Signature of Clerk/Returning Officer I, the person named above, swear solemnly that I will: act faithfully in the capacity set out in my appointment and perform all that duties required by law without partiality, fear or affection; maintain and aid in maintaining the secrecy of the voting; and not interfere nor attempt to interfere with an elector when she/he is making her/his ballot, obtain or communicate any information as to how an elector is about to vote or has voted, or directly or indirectly induce an elector to show her/his marked ballot to any person Signature of Election Assistant/Revision Clerk NOTE: This form to be administered by the Election Assistant Responsible for the Polling Place 66

67 Form EL25A Certificate and Receipt For Ballots Municipal Elections Act, 1996 (s. 41(1)) (prepare in duplicate) Ward No.(if applicable) Voting Subdivision No.(if applicable) MUNICIPALITY OF WEST GREY List of Ballots by type and quantity BALLOT TYPE QUANTITY CORRECTED QUANTITY (as delivered by Clerk) (as verified by DRO) I, the undersigned Clerk of this Municipality, do hereby declare that I have supplied to the Deputy Returning Officer of the said voting subdivision, the types and quantities of ballots as listed above. Signature of Clerk or designate I, the undersigned Deputy Returning Officer for the said voting subdivision, do hereby declare that I received from the Clerk of this Municipality, the types and quantities of ballots as delivered to me or, if different, as verified by me. Signature of Deputy Returning Officer NOTE: Composite ballots count as one type. Single ballots count as one type and could be differentiated by the office for which they are prepared. The quantity (or corrected quantity) is the total to which ballot accounts on Voting Day will be made. This form should be prepared in duplicate with the Clerk retaining the original and the DRO's copy placed in the Ballot Box at the end of the Vote Count and returned with other materials to the Clerk. 67

68 Ballot 68

69 Ballot Composite Ballot A composite ballot will be used for all offices and questions for which all electors are entitled to vote. The offices include Mayor, Deputy Mayor and Councillor. Separate Ballot Separate ballots will be used in 2014 for all School Board ballots. Residency is a requirement to have a right to vote therefore certain electors for School Board Purposes, otherwise eligible to vote for other offices and questions, cannot be given school board ballots. 69

70 Advance Vote 70

71 Advance Vote Advance votes are set by Council by by-law. This by-law must be passed by Council at least 30 days before voting day, setting dates and times. Council has passed By-law No establishing Advance Votes for Saturday, October 4, 2014, from 10:00 a.m. to 5:00 p.m., Friday, October 10, 2014, from 1:00 p.m. to 8:00 p.m., Wednesday, October 15, 2014, from 1:00 p.m. to 8:00 p.m., and Saturday, October 18, 2014, from 10:00 a.m. to 5:00 p.m. All Advance Votes are held at the West Grey Municipal Office. The Clerk/Returning Officer shall provide as many voting places as he/she considers necessary. These locations should be established early. Information as to their location must be on "Where to Vote" information required to be provided by the Clerk. Consideration should be made for possible volume of electors on advance voting day. If large numbers of names are expected to be added at the voting place, provide sufficient space, forms, supplies and staff. As soon as possible after the close of the advance vote, the advance vote DRO's must deliver a list of names of all the persons who voted at the advance vote, showing the number of voting subdivision for each elector. The Clerk shall prepare a certificate of those who voted at the Advance Vote (Form EL28). The Clerk/Returning Officer shall, if requested by any candidate or their scrutineer, provide a copy of this list to the candidate during normal office hours. The Clerk/Returning Officer shall ensure voting day lists are updated to reflect voting that took place at an advance vote. This may be facilitated by the Clerk providing updated lists or the Clerk providing lists to the DRO of those who voted at the advance polls and the DRO'S will then update their lists. The Clerk/Returning Officer shall, on the day of the advance vote is to be held, receive from the DRO after the close of the vote, the ballot box and other materials and documents for safekeeping. Arrangements for this delivery and subsequent pick ups must be made. Given the changes with respect to revisions to the voters list the Clerk may provide for the setting up of a separate desk/table in each voting location to process these requests. This authority must be delegated, in writing, by the Clerk/Returning Officer. 71

72 Ballots are counted by the DRO's and other election officials after the close of the vote (8:00 p.m.) on voting day. Candidates or scrutineers are entitled to be present. It is desirable to count all advance votes at the same location. Ensure that adequate space and supplies are given. Start as soon after 8:00 p.m. as possible. The Clerk/Returning Officer, or delegate(s), must be available at the Clerk's office during the Advance Voting Days from noon until 5:00 p.m. for the purpose of certifying proxies. Section 45, except Subsection 7, regarding regular voting day applies with necessary modifications. 72

73 The Corporation of the Municipality of West Grey By-law Number BEING, a by-law to provide for Advance Votes to be held prior to Voting Day; WHEREAS, Section 43(1) of the Municipal Elections Act, 1996, provides that a municipal council shall pass a by-law establishing one or more dates for an Advance Vote, and the hours during which voting places shall be open on that date or dates; NOW THEREFORE BE IT RESOLVED THAT THE CORPORATION OF THE MUNICIPALITY OF WEST GREY ENACTS AS FOLLOWS: 1. An Advance Vote shall be held on Saturday, October 4 th, 2014, between the hours of 10:00 a.m. and 5:00 p.m., at the Municipality of West Grey Municipal Office at Grey Rd. #4, Municipality of West Grey (Former Township of Bentinck). 2. A second Advance Vote shall be held on Friday, October 10 th, 2014, between the hours of 1:00 p.m. and 8:00 p.m., at the Municipality of West Grey Municipal Office at Grey Rd. #4, Municipality of West Grey (Former Township of Bentinck). 3. A third Advance Vote shall be held on Wednesday, October 15 th, 2014, between the hours of 1:00 p.m. and 8:00 p.m., at the Municipality of West Grey Municipal Office at Grey Rd. #4, Municipality of West Grey (Former Township of Bentinck). 4. A fourth Advance Vote shall be held on Saturday, October 18 th, 2014, between the hours of 10:00 a.m. and 5:00 p.m., at the Municipality of West Grey Municipal Office at Grey Rd. #4, Municipality of West Grey (Former Township of Bentinck). 5. This By-law shall come into full force and effect on the date of its passing. *************************************** Read a first and second time this 7 th day of April, Read a third time and finally passed this 7 th day of April, (Signed) Mayor Kevin Eccles (Signed) CAO/Deputy Clerk Larry C. Adams 73

74 Form EL28 List of Persons Who Voted At An Advance Vote Municipal Elections Act, 1996 (s.43(5) b) Name of Municipality Ward No. (if any) Voting Subdivision (one or more) I hereby certify that during the advance voting held on for the above (date of advance vote) advance vote station(s), the following persons voted: NAME OF ELECTOR QUALIFYING ADDRESS WARD & VOTING SUBDIVISION Dated this day of, Deputy Returning Officer NOTE: If your municipality is not capable of preparing a Voters List for use on Voting Day which has the Advance Poll voters already struck from the List, a similar form to EL28 may be used to advise each Deputy Returning Officer of the names of the voters shown on the list for the polling subdivision in which they will be working on election day that voted at an advance poll. This list will be certified by the Clerk and direct the DRO to cross the name off the Voters List and indicate that the voter voted at the Advance Poll. 74

75 Procedures at Voting Place 75

76 Procedures at the Voting Place The voting place is to be open on Voting Day from 10:00 a.m. to 8:00 p.m., save and except for the voting place at Rockwood Terrace that is open from 1:00 p.m. to 5:00 p.m. In 2014, Voting Day will be Monday, October 27, The Deputy Returning Officer (DRO) and other election officials should arrive early enough to set up the voting place (at least one-half hour prior to opening). DRO should take oath of Deputy Returning Officer. The Clerk/Returning Officer should have standbys in case of illness or if for any other reason the DRO and election personnel are not in attendance. The DRO should take the following to the voting place: ballot box and its contents any other material issued to you by the Clerk/Returning Officer voting screens handbook food and beverages Only the DRO, the Poll Clerk, any election assistant(s), the Clerk/Returning Officer, the Assistant Returning Officer, constables, candidates and scrutineers may remain in the voting place throughout the day. One scrutineer appointed for each certified candidate for each ballot box in use at the voting place may be present - only the candidate or his scrutineer may be present but not both. Scrutineers must present their certificate of appointment to the DRO if required. It is the responsibility of the DRO to ensure the smooth operation of the voting place. If in the DRO's opinion, individuals present at the voting place are interfering with this process, then the DRO should report the problem to the Clerk/Returning Officer. Setting Up the Voting Place be sure to make it accessible for both electors and voting staff place the voter's screens in a location that allows for privacy post the "Directions for the Guiding of Electors at the Voting Place who have received a Ballot" at the voting place, and inside each voting booth post the "Bribery and Corrupt Practices' sign in a prominent location ensure there is no campaign literature, materials, or signage in the voting place put pencils in the voting booths arrange your table in an orderly and easy to use fashion post "Statutory Provisions Regulating Voting Procedures" Form EL34 76

77 post "Voting Instructions" Form EL 29(A) in the voting station and in the voting booth You may also have signs directing electors to the exact location of the voting place; post these where required throughout the voting place. Examining the Ballots Candidates or scrutineers who are present have the opportunity to inspect the ballots and all other materials relating to the voting station. This must be done during the fifteen minute period prior to the opening of the voting station, provided this does not interfere with the opening of the voting place. Setting up the Ballot Box Immediately before opening the voting place, the DRO must show the ballot box to anyone present in the voting place to demonstrate that it is empty and then seal it in such a way that it cannot be opened without breaking the seal. The Clerk/Returning Officer will instruct you as to how the ballot box should be sealed. It should then be placed on a table in full view and not opened until the time for counting the votes. Opening of the Voting Place At exactly 10:00 a.m. the doors to the voting place should be opened. At this time you should be ready to receive electors. Who is Entitled to Vote Any elector whose name appears on the list of electors or who can produce a Clerk's Certificate authorizing his or her name to be added to the list is entitled to vote. Each elector is entitled to only one ballot or set of ballots. To be eligible to vote for a School Board you must reside within the area of jurisdiction of the School Board. Electors shall provide prescribed identification prior to receiving a ballot, or make a statutory declaration on the prescribed Form 9. If an elector's name inadvertently appears more than once on a voting list, the elector may not vote more than once. It is possible for an elector's name to appear on the voting list of more than one municipality. That elector may be eligible to vote in both municipalities. For example, a person listed as a resident elector in one municipality and a non-resident elector in another municipality is entitled to vote in each, provided they are not voting 77

78 for the same office more than once. School Board votes must be cast in the municipality where the elector resides. Usual Voting Procedure When an elector presents him or herself to vote, the DRO must verify that the person's name is on the voting list or that the person has a Clerk's Certificate. The Poll Clerk must then cross the elector's name off his or her copy of the voting list and indicate opposite the name the numerical order in which he or she was given a ballot. Prior to giving a ballot to a qualified elector, the DRO must mark his or her initials on the back so that they are clearly visible after the ballot paper has been folded. If an elector requests an explanation of the voting procedure, the DRO or the Poll Clerk must briefly and accurately explain the procedure. The elector must proceed immediately to the voting booth, mark the ballot with the pen or pencil provided, fold it to expose the DRO's initials and, without delay, return it to the DRO without letting anyone see what marks have been made on the face of the ballot. The voter should stay long enough to make sure the DRO deposits the ballot in the ballot box and should then leave the voting place. The DRO should verify his or her own initials are on the ballot before placing it in the ballot box. A person whose ballot has been placed in the ballot box by the DRO is deemed to have voted and is not, under any circumstances, entitled to another ballot. Cancelled Ballots An accidentally spoiled ballot may be returned to the DRO in exchange for a new one. The DRO must immediately write "cancelled" on the ballot, and place it in the envelope provided for cancelled ballots. You may want to record the cancelled ballot on the tally sheet provided, so that you do not lose track of the total number of ballots issued. An elector is no longer entitled to vote if, after receiving a ballot, he or she leaves the voting place without returning the ballot, or declines to vote and returns the ballot. The Clerk/Returning Officer will to direct the DRO to record this on the Voter's List. 78

79 Declined Ballot When the right to vote is declined, you must mark "declined" on the ballot and place it in the envelope provided for declined ballots. Again, it is a good idea to record the declined ballot on the tally sheet provided. Where a composite ballot is in use and an elector declined the right to vote for a particular office, the elector should be issued a ballot and should mark the ballot except for the office being declined. The marked ballot should be returned to the DRO and placed in the ballot box no other steps are necessary. If the elector declines the entire ballot, the DRO should proceed with the procedure for declined ballots. Amendment of Voter s List If an elector presents him or herself to vote with a Clerk's Certificate, the DRO should ensure the certificate is signed by the municipal clerk. The elector's name and address should then be added to the Voting Clerk's copy of the voting list. The certificate is then placed in the envelope provided and a ballot is issued. If a person presenting him or herself to vote is not on the voting list and has not obtained a Clerk's Certificate, it is still possible for that person to vote. He or she must complete the required form. The DRO may request proof of identification and may require the person to take a declaration in the prescribed form EL26 or an Oral Oath of Qualification. That person's name and address must then be added to the voting list maintained by the Poll Clerk and a ballot must be issued. In order for the revisions to be processed at the voting place, the authority to do so must specifically be delegated to an election official. Depending upon need the Clerk/Returning Officer may delegate this to the DRO or to extra Election Assistants. Physically Challenged, Illiterate and Visually Electors A voter who is illiterate, blind or is handicapped by other physical cause and who is prevented from voting in accordance with the provisions of the Act may apply to the DRO for assistance. The DRO shall require the voter making the application to take an oath of "inability to vote without assistance" and then mark the voter's ballot as directed by the voter. Any other person present must withdraw until the voter finishes instructing the DRO. Upon completion, the DRO must place the ballot in the ballot box and complete required form. In lieu of the DRO marking a ballot for such a voter, the voter may request 79

80 that a friend accompany the voter into the voting compartment and mark the ballot for the voter. Any friend who is permitted to mark a ballot should be required to take an oath. No person shall be allowed to act as a friend of more than one voter at a voting place, except a voting place established under Section 45(7). Where the DRO does not understand the language of a voter, an interpreter, provided by the voter, may be sworn and after taking the prescribed oath, may translate the necessary oaths as well as any lawful questions necessarily put to the voter. In the event no interpreter is provided, the voter shall be refused a ballot. Proxy Voting An eligible elector may appoint another eligible elector to vote on his or her behalf. This person is referred to as the voting proxy. If an elector presents him or herself to vote on behalf of another individual and has a properly completed certificate, the DRO must take the oral oath of the voting proxy, cross the name of the eligible elector off the voting list and give the proxy voter the ballot. The DRO must file the proxy certificate in the envelope provided. Forfeited Ballots If an elector receives a ballot from the DRO and leaves the voting place with the ballot, the elector then forfeits his or her right to vote. The DRO should then mark "forfeited vote" on the voting list next to the name of the elector. The Record Shows an Elector Has Already Voted Provision is made to allow a person to vote if it appears that someone else has already voted in his or her name or that the voting list has been marked opposite that person's name in error. The person must be willing to take the prescribed oath and provide proof of identity, if required. His or her name and address is then entered again on the Poll Clerk's list. Voter Required to Provide Identification All electors at the voting place must show proof of name and qualifying address before receiving a ballot. If the elector does not have identification with them, they will be required to complete the prescribed form and take a statutory declaration stating that they are the elector who is showing on the 80

81 Voters List. Challenging Eligibility If a candidate or scrutineer challenges the right of a person to vote, the DRO or Voting Clerk must write opposite that person's name on the voting list maintained by the Poll Clerk "objected to by (the name of the candidate)" or "objected to by (name of scrutineer) on behalf of (name of candidate)". The DRO may also challenge an individual on his or her own initiative if her or she has reason to believe the person is not entitled to vote in that voting place. In either case, the challenged individual must then take a prescribed oath, the "Oral Oath of Qualification". If he or she refuses, a ballot must be refused and that words "refused to affirm" or "refused to be sworn" must be entered opposite that person's name on the voting list maintained by the Voting Clerk. Closing the Voting Place The voting place shall be closed at exactly 8:00 p.m. Anyone waiting in line at the close of the voting place is entitled to vote. 81

82 Form EL34 Statutory Provisions Regulating Voting Procedures Municipal Elections Act, 1996 (s.48, 49) Prohibition No Election Campaign Material Secrecy Offences Same 48(1) While an elector is in a voting place, no person shall attempt, directly or indirectly, to influence how the elector votes. (2) Without limiting the generality of subsection (1), no person shall display a candidate's election campaign material or literature in a voting place. 49(1) Every person who is present in a voting place or at the counting of the votes shall help to maintain the secrecy of the voting. (2) No person shall, (a) interfere or attempt to interfere with an elector who is marking the ballot; (b) obtain or attempt to obtain, at a voting place, information about how an elector intends to vote or has voted; or (c) communicate any information obtained at a voting place about how an elector intends to vote or has voted. (3) No elector shall show his or her marked ballot to any person so as to reveal how he or she has voted, except in connection with obtaining assistance in voting under paragraph 4 of subsection 52(1). No requirement of disclosure (4) No person shall, in a legal proceeding relating to an election, be required to disclose how he or she voted at the election. NOTE: Clerk may post copies of this notice in the voting place. 82

83 Form EL26 Oath of Qualification Municipal Elections Act, 1996 (s.52 (1) 3) I am the person named or intended to be named on the voters list or document shown to me; and I have not before voted at the election now being held in the Municipality of West Grey. I am a Canadian citizen, at least 18 years of age and a resident of the Municipality of West Grey or a non-resident owner or tenant of land in the Municipality of West Grey, or the spouse of such owner or tenant. Name (please print) Signature This form to be used for electors who have been objected to under paragraphs 2 and 3 of subsection 52(1) of the MEA. 83

84 Form EL29(A) Voting Instructions (Manual Count Ballot) Municipal Elections Act, 1996 (s.52(3), (4)) Electors Please Follow These 4 Steps To Vote 1. Mark The Ballot - make a cross (X) or other mark in the space after the name of the candidate for whom you are voting. 2. Fold The Ballot - the ballot should be folded so that the front of the ballot does not show. 3. Return The Folded Ballot - to the Deputy Returning Officer. 4. Watch The Deputy Returning Officer - place your ballot into the ballot box. NOTE: This notice should be posted in the voting place and in the voting booth. If alternative voting equipment is used, the notice may need to be amended accordingly. 84

85 Form EL35 Notice of Offence Notice of Corrupt Practice Municipal Elections Act, 1996 (s. 89) Section 89 of the Municipal Elections Act, 1996 provides that a person is guilty of an offence and liable, on conviction, to a fine of not more than $5,000, if he or she, (a) votes without being entitled to do so; (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) votes more times than the Act allows; votes in a voting place in which he or she is not entitled to vote; induces or procures a person to vote when that person is not entitled to do so; having appointed a voting proxy that remains in force, votes otherwise than by the proxy; having been appointed a voting proxy, votes under the authority of the proxy when the elector has cancelled the proxy, is no longer entitled to vote, or has died; before or during an election, publishes a false statement of a candidate's withdrawal; furnishes false or misleading information to a person whom this act authorizes to obtain information; without authority, supplies a ballot to anyone; delivers to the deputy returning officer to be placed in a ballot box a paper other than the ballot the deputy returning officer gave him or her; takes a ballot away from the voting place; at an election, takes, opens or otherwise deals with a ballot, a ballot box, or a book or package of ballots without having the authority to do so; attempts to do something described in clauses (a) to (l) Section 90 of the said Act provides that if, when a person is convicted of an offence under Section 89, the presiding judge finds that the offence was committed knowingly, the offence also constitutes a corrupt practice. NOTE: Clerk may choose to POST this notice in the voting place. 85

86 Form EL27 Oral Oath of Friend or Interpreter Municipal Elections Act, 1996 Oral Oath of Friend of Elector I, (name of friend), a friend of (name of elector), an elector who is unable to vote without assistance, and who is entitled to vote in this municipality declare that I will: mark the ballot as directed by the elector; and keep secret the manner in which this elector voted. Oral Oath of Interpreter I, (name of interpreter) acting as interpreter for (name of elector), an elector entitled to vote in this municipality, declare that I will faithfully translate the necessary oaths as well as any lawful questions necessarily put to the elector and his/her answers at this voting place. 86

87 Scrutineers 87

88 Scrutineers Appointment - by candidate - qualification Each candidate may appoint by Form EL12(a) to represent him or her during the voting and at the counting of the votes, including during a recount, such number of persons as he or she considers advisable as scrutineers. The Appointment of Scrutineer Forms must be signed by the candidate. Forms are available at the Municipality of West Grey Municipal Office. Number - per candidate - in voting station - one only Not more than one scrutineer representing each candidate may be in the voting station for each ballot box in use. (In this situation the number of scrutineers who may be present is reduced by one while the candidate who appointed them is present in the voting station). A scrutineer, or candidate, must immediately swear an Oath of Secrecy upon entering the Poll (Form EL12(B). Appointment - by Council - Re: By-law - Question Council may appoint two scrutineers by resolution in relation to voting on a by-law or question submitted to the electors, to attend at a voting place and at the counting of votes, including a recount. Two persons to attend at the final summing up of the votes by the Clerk/Returning Officer and two persons to attend at each voting place. One such person in each case on behalf of the persons promoting the proposed by-law or voting in the affirmative on the question and the other such person on behalf of the persons opposing the proposed by-law or voting in the negative on the question. Appointment - by elector - re recount An elector who applies for a recount may appoint scrutineers. Appointment is limited to not more than one scrutineer for each recount station established by the Clerk/Returning Officer. The Appointment of Scrutineer Forms must be signed by the Applicant. Forms are available at the Municipal Office. Appointment - evidence of A person appointed as a scrutineer under Section (2), (3) and (4) before being admitted to a voting place shall show proof of his or her appointment to the election official for the voting place or of a place where votes are being counted. 88

89 Scrutineers Rights and Prohibitions Each Scrutineer shall be responsible for his or her rights and prohibitions as set out on the back of the Appointment of Scrutineer Form. Scrutineers Rights and Prohibitions Rights of Scrutineers (includes Candidates) to be present when ballot boxes and materials related to the advance voting and the ballot boxes and statement of the results are being delivered to the Clerk/Returning Officer to enter the voting place 15 minutes before it opens and to inspect the ballot boxes and the ballots and all other election documents but not so as to delay the timely opening of the voting station to place a seal on a ballot box before opening of the voting station to place a seal on a ballot box at the conclusion of voting on each day of advance voting to examine each ballot as votes are counted (but not to touch the ballot) to object to a ballot or the counting of votes in a ballot to sign the statement of the results prepared by the DRO to place a seal on the ballot box after the counting of the votes when the DRO seals the box a scrutineer may object to a ballot, or to the counting of some or all votes in a ballot, on the grounds that the ballot or votes do not comply with the prescribed rules. The DRO alone shall decide all objections scrutineers may be present at each recount station established by the Clerk/Returning Officer in respect of recounts for election to office or recounts for by-laws or questions. Section 61 of the Act prescribes the number of scrutineers entitled to be present and their rights respecting the examination and dispute of ballots Scrutineers and Candidates are prohibited from the following: from attempting, directly or indirectly, to interfere with how an elector votes, and prohibited from attempting to campaign or persuade an elector vote for a particular candidate displaying a candidate's election campaign material in a voting place compromise the secrecy of the voting interfere or attempt to interfere with an elector who is marking a ballot obtain or attempt to obtain, in a voting place, any information about how an elector intends to vote or has voted communicate any information obtained at a voting place about how an elector intends to vote or has voted Any person failing to abide by the above rights and prohibitions shall be directed to leave the Voting Place. 89

90 Form EL12(A) Appointment of Scrutineer - By Candidate Municipal Elections Act, 1996 Municipality, or a particular Ward as indicated below. specific Voting Place or specific Voting Subdivisions as listed below. Take Notice that I, (Name of Candidate) a candidate for the office of (office to which election is being sought) hereby appoint to attend at the Voting Place(s) for Voting Subdivision No.(s) Ward No.(s) in the Municipality of to represent me in such Voting Place(s) on Monday, October 27, 2014 and at the counting of votes under The Municipal Elections Act, Date Signature of Candidate Conduct of Scrutineer 1) It is no longer mandatory that scrutineers be 16 years of age or older to work at an election, however, ANYONE who is creating a disturbance at a Voting Place will be removed by the DRO. 2) Before being admitted to a Voting Place, a person Appointed as scrutineer shall produce and show his/her Appointment (the "Scrutineer Form EL13") to the Deputy Returning Officer for the Voting Place and take the oral Oath of Secrecy (Form EL12 (B)) from the Deputy Returning Officer before being permitted to remain in the Voting Place. 3) The candidate or his/her scrutineer has the right to place their own seal on the ballot box immediately before the opening of the voting place so that ballots can be deposited in the box but cannot be withdrawn without breaking the seal; and immediately after the close of each of the Advance Vote days and Election Day so that ballots cannot be deposited or withdrawn without breaking the seal. The seal MUST NOT contain any writing that could be considered election campaigning, 90

91 therefore, the name of the candidate IS NOT permitted on the seal. However, if a candidate or scrutineer should include their seal on a ballot box, please note that Section 55(5) of the Municipal Elections Act, 1996, states: Despite subsection 88(6) (records), the Clerk may, if he or she considers it necessary in order to interpret the statement of results, examine any of the documents and materials in a ballot box in the presence of the relevant Deputy Returning Officer. In other words, if the Deputy Returning Officer Statement of Election Results is NOT complete or contains an error, the ballot box will be opened in the presence of the Clerk and the Deputy Returning Officer in order to resolve the discrepancy. It is NOT a requirement that candidates and/or scrutineers be notified or present when this takes place. 4) The Deputy Returning Officer is responsible for the conduct of the Voting Place and no candidate or scrutineer has the right to interfere with the Deputy Returning Officer in the discharge of his or her duties. 5) During the fifteen minutes before the opening of the Voting Place, the candidate or scrutineers who are entitled to be present in a Voting Place during voting hours, are entitled to visually inspect the ballots and all other papers, forms and documents, but not so as to delay the timely opening of the Voting Place. Scrutineers/candidates are permitted to listen to discussions between the DRO/Voting Place Clerk and the Elector but they are NOT permitted to observe how an Elector votes. Scrutineers/candidates are NOT allowed to speak to Electors, touch the ballots or interfere with the voting process. They are simply there to observe. 6) Only one scrutineer per candidate is allowed at any given time at each Voting Subdivision. The candidate and his or her scrutineer ARE NOT permitted to be present at the Voting Subdivision at the same time. If a candidate or scrutineer wishes to have a discussion with another scrutineer or candidate, they must leave the Voting Subdivision and carry on their discussion outside of the Voting Place. Please note that there is a difference between a Voting Subdivision and a Voting Place. Some Voting Places may have more than one Voting Subdivision. Obviously, at these locations, a candidate is permitted to have the same number of scrutineers as Voting Subdivisions. 7) No campaign material or literature of any nature whatsoever shall be displayed within the Voting Place. The boundaries of the Voting Place are the boundaries of the property where the Voting Place is located and includes the parking lot. Candidates, supporters and scrutineers are NOT permitted to wear campaign material, handout campaign material, or park a vehicle displaying campaign material in the parking lot of the Voting Place. Anyone breaking these rules will be asked to remove the campaign material immediately. 91

92 8) Scrutineers are reminded to provide a clipboard for their use, as sitting at the table, which is provided for the Deputy Returning Officer and Voting Place Clerk, IS NOT permitted. 9) Scrutineers/candidates may examine the Voters List periodically to determine who has voted or to count how many Electors have voted. However, this periodic examination should not slow down the voting process. 10) Scrutineers/candidates wishing to observe the count MUST be at the Voting Place prior to 8:00 p.m. No one will be admitted to the Voting Place after 8:00 p.m. 11) After the close of the Voting Place and during the counting of the votes, scrutineers may examine all ballots but SHALL NOT handle them. Scrutineers may object to the counting of a ballot and any objection will be noted on the back of a ballot. The final decision as to whether a vote should be counted is the sole responsibility of the Deputy Returning Officer. Scrutineers/candidates shall not, in any way, impede the progress of the counting of the votes. 12) The total of votes cast for each candidate as counted by the Deputy Returning Officer and Voting Place Clerk is final. They are not required to do a second recount. 92

93 Form EL12 (B) Oral Oath of Secrecy I,, do solemnly swear (or affirm): (state name) That I will maintain and aid in maintaining the secrecy of the voting; and That I will not, nor attempt to: - interfere with an elector when he/she is marking his/her ballot; - obtain or communicate any information as to how an elector is about to vote or has voted; or - directly or indirectly induce an elector to show his/her marked ballot to any person. To Be Declared By Any Scrutineer or Candidate Wishing To Remain At The Voting Place 93

94 Ballot Count Procedures 94

95 Count Procedures (Section 54) Counting The Votes Immediately after the close of the voting place, the DRO shall open the ballot box for his or her voting place and proceed to count. Generally, the procedure is as follows. A more detailed procedure will be provided to all DRO's at the training sessions. in case of an election for office, the number of votes for each candidate in the case of 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 to it; and in the case of an election to obtain the opinion of the electors on any question, the number of votes for each possible answer to the question ballots be sorted into marked envelopes. Rejection Of Ballots The DRO shall reject from the count all ballots and votes in a ballot that do not comply with the following prescribed rules (O. Reg. 101/97): all votes in a ballot, if the ballot, a a) was not supplied by the Deputy Returning Officer, or b) contains writing or marks that may identify the elector, or is torn, defaced or otherwise dealt with by the elector in a way that may identify him or her; all votes in a ballot for an office, if votes have been cast for more candidates for the office than are to be elected; all votes in a ballot on a by-law, if votes have been cast for both the affirmative and negative on the by-law; all votes in a ballot on a question, if votes have been cast for more than one answer on the question; any vote in a ballot, if the vote is not marked inside the space provided for marking the ballot The DRO Shall: decide all objections prepare a list in which the objections are summarized and individually numbered. The summary should include the statement "Objected to by (the candidate's name or the candidate's scrutineer or the scrutineer's name in the case of a by-law or question)" write the number of each objection on the back of the relevant ballot and initial the number 95

96 Materials To Be Delivered By DRO To Clerk/Returning Officer (Section 55) As soon as possible after counting the votes, the DRO shall: prepare a statement supplied by Clerk/Returning Officer, in duplicate, showing the results of the election at the voting place place the ballots in separate sealed envelopes provided by Clerk/Returning Officer place the envelopes and all other materials and documents related to the election except the original statement of results in the ballot box seal the ballot box deliver ballot box and original statement of results to the Clerk/Returning Officer DRO does not give a copy of the statement of results to anyone but the Clerk/Returning Officer or his/her designate. Scrutineers or candidate's receive statement of results from Clerk/Returning Officer or designate on request Advance Vote Count (Section 43) The Clerk/Returning Officer shall ensure voting day lists are updated to reflect voting that took place at an advance vote The Clerk/Returning Officer shall on each day the advance vote is held, receive from the DRO after the close of the vote, the ballot box and other materials and documents for safekeeping at the Municipal Office Ballots are counted by the DRO's and other election officials after the close of the vote (8:00 p.m.) on regular voting day. Candidates or scrutineers are entitled to be present. All advance votes will be counted at the Municipal Office Count Voting Places In Institutions Or Retirement Homes (Section 45) The Counting of ballots cast in institutions or retirement homes referred to in Section 45(7) that have reduced voting hours (Section 46(3)) will take place at the Municipal Office immediately following the close of the voting place (8:00 p.m.) on regular voting day. 96

97 Emergencies 97

98 Emergencies Municipal Elections Act, 1996 Section 53 Declaration 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 being conducted in accordance with the Act. Arrangements On declaring an emergency, the Clerk shall make such arrangements as he or she considers advisable for the conduct of the election. Conflict The arrangements made by the clerk, if they are consistent with the principles of the Act, prevail over anything in the Act and the regulations made under it. Time The emergency continues until the Clerk declares that it has ended. No Review Setting Aside If made in good faith, the Clerk's declaration of emergency and arrangements shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness. 98

99 Notice of Results 99

100 Notice of Results The Clerk/Returning Officer of the Municipality will post the Declaration of Election - Candidate Form EL32 at the Municipal Office as soon as possible after voting day. 100

101 Form EL32 Declaration of Election Candidate Municipal Elections Act, 1996 (s. 55(4) a) I,, Clerk (or designated election official) (name of Clerk or designate) of the Corporation of the of in the of declare the following candidate or candidates elected as a result of the Municipal Election held October 27, 2014 Name of Government Body (Council, School Board, etc.) Office Elected Candidate Date Municipal Clerk or designate NOTE: The Clerk shall as soon as possible after Voting Day declare the candidate or candidates who received the highest number of votes to be elected (s.55(4) a) 101

102 Recount 102

103 Recount Procedures (Sections 56-58) When required: a tied vote where both or all candidates cannot be declared elected (Mandatory) the votes for the affirmative and negative on a by-law are equal (Mandatory) the votes for two or more answers to a question are equal (Mandatory) by resolution of Council (for Council positions or questions; or by-laws submitted by Council) (within 30 days) by resolution of local board (for positions on local board or questions or by-laws submitted by a local board (within 30 days) by order of the Minister (for questions submitted by the Minister) by order of the Ontario Court (General Division) (a person who is entitled to vote and has reasonable grounds) Costs of Recount (Section 7(3), 7(4)) The costs incurred by the Clerk/Returning Officer to conduct a recount are to be paid by the municipality as soon as possible after the Clerk/Returning Officer has signed a certificate verifying the amount. The municipality is to be reimbursed for its reasonable costs in the following situations: a regular election when the recount is for: an office on a local or school board a by-law or question submitted by an upper-tier municipality; or a question submitted by a local or school board or by the Minister a by-election for a local or school board; or for the Minister, or a recount in such a by-election any expenses incurred by a candidate will be the responsibility of the candidate ie: legal counsel in attendance on behalf of the candidate Who Conducts Recount (Section 56) The Clerk/Returning Officer or person delegated under Section 15(2) conducts all recounts for elections for which he or she is responsible except recounts conducted by the Ontario Court (General Division) upon appeal. Tied Vote Recount Where there is a tied vote for the election of a candidate to an office and both or all of the candidates cannot be declared elected, or where there is a tied vote on a by-law or question, the Clerk/Returning Officer must hold a recount within 10 days after the declaration required by Section 55(4) a)b) of the results of the election. 103

104 Council, Local/School Board or Minister Request for Recount (Section 57) Within 30 days after the Clerk/Returning Officer declaration of the results under subsection 55(4), a Council, local/school board or Minister may pass a resolution or, the Minister may make an order requiring a recount. The recount is to be held within 10 days after the resolution is passed or the order is made Application to Ontario Court (General Division) (Section 58) A person who is entitled to vote in an election and who has reasonable grounds for believing the election results to be in doubt may apply to the Ontario Court (General Division) for an order directing the Clerk/Returning Officer to hold a recount. The application must be commenced within 30 days after the Clerk/Returning Officer's official declaration of the results under subsection 55(4). The court, if satisfied there are sufficient grounds, shall make an order requiring the Clerk/Returning Officer to hold a recount. The recount is to be held within 10 days after the Clerk/Returning Officer receives a copy of the order. Votes For Candidates To Be Included In A Recount (Sections 56, 59) In a recount for a tied vote, the votes cast for candidates who are tied, are included in the recount. The Clerk/Returning Officer will include the votes for any other candidate for the office for which the recount is being conducted to include any candidate whose vote total was, in the Clerk/Returning Officer opinion, close enough to possibly be affected. The inclusion of additional candidates also applies if the recount is being conducted by the Clerk/Returning Officer based on a resolution of a local/school board or on the order of the Ontario Court or of the Minister. 104

105 Persons Entitled To Be Present At Recount (Section 61) the Clerk/Returning Officer and any other election official appointed to assist with the recount every certified candidate for the office involved the applicant, if any, who applied for the recount A lawyer for any of the above each candidate for the office involved may appoint a scrutineer for each recount station established by the Clerk/Returning Officer where the recount applies to a by-law or question, such scrutineers as council, a local/school board or the Minister appoints scrutineers appointed under Sections 61(3) or (4), an equal number must be appointed for each possible response any other person may be present with the Clerk/Returning Officer's permission Notification Of Recount Date, Time, Place (Sections 56, 57, 58) The Clerk/Returning Officer must set the date, time and place for the recount within the following prescribed time frames: in the case of tied vote, within 10 days after the Clerk/Returning Officer's official declaration of the results in the case where a court has ordered a recount, within 10 days after the day the Clerk/Returning Officer receives a copy of the order in the case where a recount is held as a result of a resolution passed by a Council or local/school board, within 10 days after the resolution is passed in the case where a recount on the order of the Minister, within 10 days after the order is made Persons to be notified of recount date, time and place: all certified candidates for the office which is the subject of the recount; where a resolution is involved, the Council or local/school board which passed the resolution; the Minister when an order has been made; the applicant in the case of a court order; the Clerk/Returning Officer of the Municipality for which the recount is being undertaken if the Clerk/Returning Officer conducting the recount is not the Clerk/Returning Officer of that Municipality; if the recount concerns the election of the trustees of a police village or the members of a school board, the Clerk/Returning Officer of any other 105

106 Municipality who conducted the election for the vote recorded in the Clerk/Returning Officer's Municipality notice of recount will be given by registered mail or personal service. Process At Recount (Sections 61, 62) The recount process will follow same format as the count process Special Note: The Clerk/Returning Officer is to conduct the recount in accordance with the recount procedure as follows: The Clerk/Returning Officer shall open the ballot boxes and count, 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 section 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. At the time set for the recount to commence, the Clerk/Returning Officer should outline the procedures as follows: the ballot boxes will be distributed to the counting stations as they are required throughout the count; any rules prescribed by the Minister or established by the Clerk/Returning Officer are to be followed and should be explained to everyone present for the recount; disputed ballots will be shown to the Clerk/Returning Officer who, after any representation by a candidate, their Counsel or scrutineer, will determine if the ballot and the votes are to be counted. Upon completion of the recount, the Clerk/Returning Officer will announce the results of the recount and if there are any disputed ballots: announce the number of them; announce the results if the disputed ballots were excluded; 106

107 mark the number of the voting place (subdivision number) on the back of each disputed ballot and initial it; place the disputed ballots in a separate envelope clearly marked as to its contents Persons authorized to be in attendance at the recount may also be at the announcement of the results. The Clerk/Returning Officer, on the 16th day after the recount is completed, will declare the successful candidate or candidates or candidates elected or, declared the result of the vote with respect to a by-law or a question. The results of the recount will be posted in the Municipal Office by noon, day following recount being completed. The Clerk/Returning Officer will notify in writing everyone notified of the results of the recount. 107

108 Form EL39 Notice of Recount Municipal Elections Act, 1996 (s.56-58) I,, Clerk (or designated election official) (name of Clerk or designate) of the Corporation of the of in the of hereby declare that a recount of the votes cast in the Municipal Election held October 27, 2014 for (state office or bylaw/question) shall be held commencing at on (time) at. (date) (location) The recount is being conducted pursuant to section of the Municipal Elections Act, Date Municipal Clerk or designate NOTE: A recount may be held pursuant to Sections 56, 57 or

109 Form EL40 RECOUNT RESULTS Municipal Elections Act, 1996 (s.62(1)) The recount results for the following office or the by-law/question conducted on the day of, 2014 in the are: (name of municipality) Office Number of Votes Number of Votes if all disputed ballots excluded List Candidates or By-law/Question Total Number of Ballots Disputed (Date) Municipal Clerk or designate 109

110 Form EL41 DECLARATION OF RECOUNT RESULTS Municipal Elections Act, 1996 (s. 62 (4)) I,, Clerk (or designated election official) of the Corporation of the of in the of declare that: (1) On the day of, 2014, I conducted a recount of the ballots cast in the Municipal Election held October 27, 2014 for: - the office(s) of - the following question or by-law: (2) No application has been made for a judicial recount under Section 63. (3) The successful candidate(s) elected is/are: (4) The result of the vote upon the question or by-law is: (Date) Municipal Clerk or designate 110

111 Candidates Financial Disclosure 111

112 Candidates Financial Disclosure The Clerk/Returning Officer shall give to all candidates whose nomination was filed, at least 30 days before the filing date, being 2:00 p.m. on March 27, 2015, a notice by registered mail of all the filing requirements of this section as Form EL42 attached hereto. This notice by registered mail will therefore be required prior to February 25, If a person receiving a notice as listed above has not filed the required form by 2:00 p.m. on March 27, 2015, the Clerk/Returning Officer with whom the candidate's nomination was filed, shall within 14 days (April 10, 2015) send a notice of default (Form EL43) to the candidate and to the relevant Council or local board, by registered mail. 112

113 Form EL42 Notice To Candidate Of Filing Requirements Municipal Elections Act, 1996 (s. 78 (6)) To: (Name of Candidate) / (Office) (Address) (Postal Code) From: The Clerk or designated election official of (Name of Municipality) Take Notice Every Candidate shall file by March 27, 2015 with the Clerk with whom their nomination was filed a financial statement and auditors report in accordance with s.78 of the Municipal Elections Act, (1) On or before 2:00 p.m. on the filing date, a candidate shall file with the Clerk with whom the nomination was filed a financial statement and auditor s report, each in the prescribed form, reflecting the candidate s election campaign finances, (a) in the case of a regular election, as of December 31 in the year of the election; (b) in the case of a by-election, as of the 45 th day after Voting Day. (2) If the candidate s election campaign period continues during all or part of a supplementary reporting period, he or she shall, on or before 2:00 p.m. on the supplementary filing date, file a supplementary financial statement and auditor s report for the supplementary reporting period. (3) A supplementary financial statement or auditor s report shall include all the information contained in the initial statement or report filed under subsection (1) and in any previous supplementary statement or report under subsection (2),as the case may be,updated to reflect the changes to the candidate s election campaign finances during the supplementary reporting period. (4) An auditor s report shall be prepared by an auditor licensed under the Public Accountancy Act, 2004 (5) No auditor s report is required if the total contributions received and total expenses incurred in the election campaign up to the end of the relevant period are each equal to or less than $10,000. Date Municipal Clerk or designate 113

114 Note: At least 30 days before each filing date, the Clerk shall give every candidate whose nomination was filed with him or her, notice of the filing requirements of this section. Notice to be given in accordance with Section 13 Also Note: If council has passed a by-law allowing for electronic filing, candidates must also be advised of this options and consequences or limitations associated with it. 114

115 Form EL43 Notice of Default Municipal Elections Act, 1996 (s. 80 (3)) To: (prepare in triplicate) / (Name of Candidate) (Office) (Address) (Postal Code) From: The Clerk, or designated election official of (Name of Municipality) Take Notice that you are in default of the requirements of the Municipal Elections Act, 1996, because: A. You failed to file documents with the Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before the relevant date, or; B. You failed to pay the amount of the surplus shown in documents which were filed with the Municipal Clerk by the relevant date as required by Section 79 of the Municipal Elections Act, 1996, or; C. A document filed under Section 78 of the Municipal Elections Act, 1996 shows on its face that you have incurred expenses exceeding the amount permitted under Section 76 of that Act. Sections 91 and 92 of the Municipal Elections Act, 1996 set out penalties with respect to violations under the Act as follows: 91.(1) If a person is convicted of a corrupt practice under this Act, or of an offence under the Criminal Code (Canada) in connection with an act or omission that relates to an election to which this Act applies,then, in addition, to any other penalty provided for in this Act, (a) any office to which the person was elected is forfeited and becomes vacant; and 115

116 (b) the person is ineligible to be nominated for or elected or appointed to any office until the next regular elections have taken place after the election to which the offence relates. (2) However, if the presiding judge finds that the person committed the corrupt practice or offence without any intent of causing or contributing to a false outcome of the election, clause (1) (b) does not apply. 92 (3) If the expenses incurred by or on behalf of a candidate exceed the amount determined for the office under section 76, the candidate is liable to a fine equal to the excess, in addition toany other penalty provided for in the Act. (5) A candidate is guilty of an offence and, on conviction, in addition to any other penalty that may be imposed under this Act, is subject to the penalties described in subsection 80 (2), if he or she, (a) files a document under section 78or 79.1 that is incorrect or otherwise does not comply with that section; or (b) incurs expenses that exceed what is permitted under section 76. Date Municipal Clerk or designate 116

117 Form EL43 (Cont d) Notice of Default Please Select The Appropriate Sections Only I If this notice indicates that you have failed to file a document required by Section 78 or 79.1 of the Municipal Elections Act, the following provisions and penalties apply: To A Successful Candidate (i) You forfeit any office to which you were elected and the office shall be deemed to be vacant; (ii) until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act, 1996 applies: Or To An Unsuccessful Candidate: (i) You have until March 26, 2015 to apply to the Ontario Court of Justice to extend the time for filing the document: (ii) until the next regular election has taken place, you are ineligible to be elected or appointed to any office to which the Municipal Elections Act applies. 117

118 Election Records 118