PROCEDURES FOR THE USE OF VOTE COUNT TABULATORS

Transcription

1 2018 MUNICIPAL ELECTION OCTOBER 22, 2018 PROCEDURES FOR THE USE OF VOTE COUNT TABULATORS OLGA SMITH, CITY CLERK FOR INFORMATION OR ASSISTANCE, PLEASE CONTACT ONE OF THE FOLLOWING: Samantha Belletti, Election Coordinator Julie Scott, Deputy City Clerk Olga Smith, City Clerk Main City Hall Number TTY Website The procedures described in this document are subject to change at the discretion of the City Clerk, if in the opinion of the City Clerk, such change is necessary or desirable for conducting the election. Last Updated: September 20, 2018

2 INDEX 1. VOTE TABULATORS DEFINITIONS APPLICATION OF PROCEDURE ELECTION OFFICIALS VOTING SUBDIVISIONS BALLOTS PROGRAMMING OF THE VOTE TABULATORS TESTING OF VOTE TABULATORS CANDIDATES/SCRUTINEERS OPENING THE VOTE TABULATOR VOTING PROCEDURE PROCEDURE FOR CLOSING THE VOTING LOCATION ON VOTING DAY PROCEDURE FOR CLOSING THE VOTING LOCATION AFTER ADVANCE VOTES ADVANCE VOTING AND EARLY CLOSING OF VOTING LOCATIONS AUDIO VOTING DEVICE MANUAL COUNT CITY CLERK TO RETAIN RECORDS RECOUNTS EMERGENCIES Page 1

3 1. Vote Tabulators The Council of the Corporation of the City of Waterloo passed By-Law No authorizing the use of automatic vote tabulators in 1997 and subsequent municipal elections. After the voting locations close at 8:00 p.m., the tabulators produce the results automatically, print a record of the results (similar to a cash register tape) and save the results on a flash card. The printed records and flash cards are delivered to a centralized tabulation facility at the Waterloo City Centre on Election Night, where the stored information is downloaded to a computer for tabulation of results from all voting locations. Page 2

4 2. Definitions In this procedure, Act Ballot Box City Clerk Flash Card Secrecy Folder Valid Mark Vote Tabulator means the Municipal Elections Act, 1996, S.O., 1996, c. 32, as amended; means the cardboard ballot box used with the vote tabulator and any other transfer container, box or bag provided by the City Clerk to ensure the safe, secure storage and transfer of ballots and other election documents and material; means the City Clerk of the City of Waterloo or designate; means the flash drive, memory card or other cartridge or device where all tabulated totals are stored; means a folder in which a ballot can be placed to conceal the names of the candidates and the marks upon the face of the ballot but expose the initials of the Deputy Returning Officer; means a mark made in the designated space to the right of a candidate's name. In 2018, electors can vote for the candidate of their choice by marking an X in the box opposite the candidate s name. means an apparatus that optically scans a specified area on the ballots to read the votes and tabulate the results. 3. Application of Procedure 3.1 This procedure applies to an election conducted by The City of Waterloo, which has passed a by-law under Section 42 of the Municipal Elections Act, 1996 authorizing the use of vote tabulators at the voting locations (By-Law No ). 3.2 Where this procedure does not provide for any matter, an election to which this procedure applies shall be conducted in accordance with the principles of the Municipal Elections Act, Election Officials The City Clerk may appoint election officials for the purposes of this procedure and may designate their titles and duties. (Please refer to section 13 of the City of Waterloo Election Policies & Procedures Manual for more information.) 5. Voting Subdivisions The City Clerk may divide the municipality into voting subdivisions. 6. Ballots 6.1 There shall appear on the ballot to the right of each candidate's name or question a space suitable for the marking of the ballot. 6.2 Electors vote for the candidate of their choice or answer to a question by marking an X in the box opposite the candidate s name or answer to a question. 6.3 Subsections 6.1 and 6.2 apply with necessary modifications to ballots for by-laws and questions. Page 3

5 7. Programming of the Vote Tabulators 7.1 The vote tabulators shall be programmed so that a printed record of the number of votes cast for each candidate and with respect to each by-law and question can be produced. 7.2 The vote tabulators shall be programmed so that the following ballots are returned to the election official with the messages described below: ERRORS WHERE BALLOTS MAY BE CAST OR RETURNED There are two scenarios in which a Ballot may be cast or returned: (1) Blank Ballot (2) Overvoted Ballot Please read below for detailed instructions on what to do in each scenario. (1) Blank Ballot If the tabulator cannot detect any markings on the ballot, it will be rejected and the following message will be displayed: Page 4

6 (2) Overvoted Ballot If too many votes have been cast, the ballot will be rejected and the following message will be displayed: ERRORS WHERE BALLOTS WILL BE RETURNED AND CANNOT BE CAST There are four scenarios in which a ballot will be returned and cannot be cast. (1) DRO Error Detected (No DRO Initial) (2) Ambiguous Ballot (3) Invalid Ballot (4) Poll Marker Error (5) Misread Ballot (1) DRO Error Detected (No DRO Initial) If the DRO has not initialled the ballot, the tabulator will reject it with the following message: Page 5

7 (2) Ambiguous Ballot If a ballot contains a slight mark that cannot be read by the tabulator as a definite vote, it will be rejected with the message: Page 6

8 (3) Invalid Ballot Invalid ballots indicate that the tabulator has been misread or is invalid. This may result if the ballot is folded, damaged, or inserted incorrectly. An invalid ballot could also be a ballot from a different ward that the tabulator is not programmed for. The ballot will be rejected with the message: 4) Poll Marker Error If a ballot with a Poll Matrix error is returned by the vote tabulator it may be because the poll marker section is blank or was marked incorrectly. Page 7

9 5) Misread Ballot If the tabulator can t read the unique identifier marks on the edge of a ballot, it alerts a Misread on the screen. 7.3 The vote tabulators shall be programmed to accept and tabulate properly marked contests on undervoted and overvoted ballots. 8. Testing Of Vote Tabulators 8.1 Prior to voting day, the City Clerk shall test the vote tabulators to ensure that they will accurately count the votes cast for all candidates, by-laws and questions When testing the vote tabulator, adequate safeguards shall be taken to ensure that the system or any part of it used for processing and tabulating votes is isolated from all other applications or programs and that no remote devices are capable of gaining access to the vote tabulator. 8.3 The test shall be conducted by, (a) loading the flash cards into the vote tabulators; (b) tabulating a pre-audited group of ballots including ballots that fall into each of the categories of ballots described in Subsection 7(2) and ballots on which are recorded a predetermined number of valid votes for each candidate and on each by-law and question; and (c) comparing the output of the tabulation against the pre-audited results. 8.4 If the City Clerk detects any error in the test, the cause of the error shall be ascertained and corrected and the test repeated until an errorless count is made. Page 8

10 9. Candidates/Scrutineers 9.1 Candidates may appoint scrutineers in writing to represent them at the voting location. 9.2 Scrutineers must show their written appointment to election officials upon request. 9.3 A candidate may have a scrutineer at each ballot issuing location and each vote tabulator at the voting location. 9.4 To protect the secrecy of the vote, scrutineers will be unable to examine the ballots or to object to ballots or to the counting of votes in a ballot as provided for in subsections 47(5)(e), 47(5)(f) and 54(3) of the Act as the ballots are being fed into the vote tabulator by the election official. 9.5 For the purposes of subsections 9.3 and 9.4 above, candidates who enter the voting location are considered to be scrutineers.. Third Party registrants are not candidates. 10. Opening the Vote Tabulator 10.1 If a vote tabulator is to be used in a voting location, the Managing Deputy Returning Officer ( MDRO ) or election official shall, in the presence of all scrutineers present, cause the vote tabulator to print a copy of all totals in its flash card one hour or less before the opening of the voting location confirming "0" totals If the totals are zero for all candidates, by-laws and questions, the Managing Deputy Returning Officer or election official shall ensure that the zero printout remains affixed to the vote tabulator until the results are printed by the vote tabulator after the close of the vote If the totals are not zero for all candidates, by-laws and questions, the Managing Deputy Returning Officer or the election official shall immediately notify the City Clerk and shall conduct the vote using the back-up compartment of the ballot box until the vote tabulator is made operational or the City Clerk provides a back-up vote tabulator to the voting location. 11. Voting Procedure 11.1 The Deputy Returning Officer shall initial ballots in the upper right-hand corner where indicated, mark the appropriate poll number for the elector and issue the appropriate ballot and a secrecy folder to each eligible elector. The City Clerk may authorize other election officials, in addition to the Deputy Returning Officer ( DRO ), to initial the ballot, mark the poll number and issue ballots to eligible electors Upon receiving the ballot, the voter shall: (a) proceed to the voting compartment; and (b) vote by marking an X in the box opposite the candidate s name After marking the ballot in the voting compartment, the voter shall: (a) insert the ballot into the secrecy folder with the Deputy Returning Officer s or other designated election official's initials showing; (b) leave the compartment without delay; and (c) deliver the secrecy folder containing the ballot to the Managing Deputy Returning Officer or Election Assistant. Page 9

11 11.4 The Managing Deputy Returning Officer or Election Assistant shall, in the presence of the voter and without removing the ballot from the secrecy folder, verify the initials of the Deputy Returning Officer or other designated election official, and: (a) if a vote tabulator is available in the voting location insert the secrecy folder containing the ballot into the feed area of the vote tabulator until the vote tabulator draws the ballot from the secrecy folder in full view of the voter; or (b) if a vote tabulator is not available in the voting location, insert the ballot directly into the ballot box from the secrecy folder in full view of the voter If a vote tabulator is available in the voting location but fails to operate, the Managing Deputy Returning Officer or Election Assistant shall: (a) insert the ballots into the back-up compartment of the ballot box; and (b) subject to Subsection 13(2), insert the ballots into the feed area of the vote tabulator after the close of the voting If a ballot described in Section 7.2 (a) ( BLANK BALLOT ) is returned by the vote tabulator and the voter who delivered the ballot is still present, the Managing Deputy Returning Officer shall: (a) explain to the voter why the tabulator has returned the ballot; (b) provide the voter with the opportunity to cast the blank ballot, once the ballot is accepted by the tabulator the voter cannot receive a new ballot. (c) instruct the voter how to properly mark the ballot, if they wish If the voter has left the voting location and is no longer present, the Managing Deputy Returning Officer or election official shall: without showing the face of the ballot to anyone, insert the ballot into the feed area of the vote tabulator and cause the tabulator to accept or override the ballot If a ballot described in Section 7.2 (b) ( OVERVOTED BALLOT ) is returned by the vote tabulator and the voter who delivered the ballot is still present, the Managing Deputy Returning Officer shall: (a) explain to the voter why the tabulator has returned the ballot; (b) provide the voter with the opportunity to cast the overvoted ballot as marked, once the ballot is accepted by the tabulator the voter cannot receive a new ballot. (c) issue a replacement ballot to the voter if they wish and instruct the voter how to properly mark the ballot. The rejected ballot will be placed in the cancelled envelopes. If the voter has left the voting location and is no longer present, the Managing Deputy Returning Officer or election official shall: without showing the face of the ballot to anyone, insert the ballot into the feed area of the vote tabulator and cause the tabulator to accept or override the ballot. Page 10

12 11. 8 If a ballot described in Section 7.2 (c) ( NO DEPUTY RETURNING OFFICER SIGNATURE ) is returned by the vote tabulator and the voter who delivered the ballot is still present, the Managing Deputy Returning Officer shall: (a) issue the voter a replacement ballot and place the ballot in the cancelled envelope. If the voter has left the voting location and is no longer present, the Managing Deputy Returning Officer or election official shall place the ballot in the cancelled envelope If a ballot described in Section 7.2 (c) ( AMBIGUOUS MARKS ) is returned by the vote tabulator and the voter who delivered the ballot is still present, the Managing Deputy Returning Officer shall: (a) explain to the voter the possible reasons why the tabulator has returned the ballot; (b) (c) provide the voter with the opportunity to fix any ambiguous voting marks or issue a replacement ballot to the voter if they wish and instruct the voter how to properly mark the ballot. The rejected ballot will be placed in the cancelled envelopes. If the voter has left the voting location and is no longer present, the Managing Deputy Returning Officer or election official shall place the ballot in the cancelled envelope If a ballot described in Section 7.2 (c) ( UNREADABLE BALLOTS ) is returned by the vote tabulator and the voter who delivered the ballot is still present, the Managing Deputy Returning Officer (a) (b) explain to the voter the possible reasons why the tabulator has returned the ballot; or issue a replacement ballot to the voter if they wish and instruct the voter how to properly mark the ballot. The rejected ballot will be placed in the cancelled envelopes. If the voter has left the voting location and is no longer present, the Managing Deputy Returning Officer or election official shall place the ballot in the cancelled envelope If a ballot described in Section 7.2 (f) ( POLL MARKER ERROR ) is returned by the vote tabulator and the voter who delivered the ballot is still present, the Managing Deputy Returning Officer shall: (a) issue the voter a replacement ballot and place the ballot in the cancelled envelope. If the voter has left the voting location and is no longer present, the Managing Deputy Returning Officer or election official shall place the ballot in the cancelled envelope. 12. Procedure For Closing The Voting Location On Voting Day 12.1 Vote Tabulator Used If a vote tabulator has been used to tabulate the votes cast in a voting location, after the close of voting, the Managing Deputy Returning Officer, Deputy Returning Officer or other authorized election official shall check the back-up compartment of the ballot box for ballots to ensure all votes are tabulated, process any ballots in the back-up compartment, and then immediately, (a) (b) close the vote tabulator; obtain a printed record of the votes given for each candidate and, if applicable, the votes given for and against a by-law or question; Page 11

13 (c) sign the certificate portion of the printed record along with the Deputy Returning Officer, as well as any scrutineers who are present and wish to sign; (d) remove the printed record from the vote tabulator; (e) obtain a second printed record of the votes and provide printouts for any scrutineer upon request; (f) unplug the vote tabulator and remove it from the ballot box; (g) seal the ballot box; (h) remove the flash card from the vote tabulator and place it in MDRO Envelope, together with the original results printout; (i) complete the MDRO Ballots Account and Certificate as to Number of Voters in duplicate, stating the number of, (i) ballots received from the City Clerk, (ii) cancelled ballots (where a replacement ballot was issued to and marked by the voter), (iii) ambiguous ballots, (iv) unused ballots, (v) declined ballots, (vi) ballots counted by the vote tabulator (vii) electors who voted. and place the original copy of the MDRO Ballots Account and Certificate as to Number of Voters in the appropriate envelope; (j) place a duplicate copy of the MDRO Ballots Account and Certificate as to Number of Voters in the ballot box with the ballots that have been counted by the vote tabulator and seal it; (k) place in the appropriate envelopes, (i) cancelled ballots, (ii) ambiguous ballots, (iii) declined ballots, and (iv) unused ballots; and seal the envelopes; (l) place all remaining supplies and the sealed envelopes, excluding MDRO Envelope No. 8, in the transfer bag and seal it; (m) pack the vote tabulator in the box provided; and (n) deliver the ballot box, vote tabulator, transfer bag, MDRO Envelope and statement envelope to the office of the City Clerk or to such other place as the City Clerk has directed in writing. Note: To expedite the accumulation of total results, the City Clerk may authorize other individuals to pick up MDRO Envelopes, including the Flash Cards, at each voting location and deliver them to the Waterloo City Centre, while the MDROs, DROs and other election officials complete their work. Page 12

14 12.2 Vote Tabulator Used but Not Operable at Close of Voting If a vote tabulator has been used to tabulate votes cast in a voting location but the tabulation of the votes cannot be completed because the vote tabulator is not operating or cannot be made to operate, after determining the tabulation cannot be completed within a reasonable time following the close of voting, the Managing Deputy Returning Officer, Deputy Returning Officer or other authorized election official shall (a) unplug the vote tabulator and remove it from the ballot box, leaving the flash card in the vote tabulator; (b) seal the ballot box; (c) pack the vote tabulator in the box provided; and (d) (e) pack all other election supplies in the transfer bag; return to the Legislative Services Division or other place designated by the City Clerk, with the ballot box, vote tabulator, transfer bag, including all election equipment or supplies, and ask the City Clerk for assistance Vote Tabulator Not Used If a vote tabulator has not been provided, or, if provided, has not been used to tabulate votes cast in a voting location, the Managing Deputy Returning Officer, Deputy Returning Officer or other authorized election official shall, (a) seal the ballot box; (b) complete the MDRO Ballots Account and Certificate as to Number of Voters in duplicate, stating the number of, (i) ballots received from the City Clerk, (ii) cancelled ballots (where a replacement ballot was issued to and marked by the voter), (iii) ambiguous ballots, (iv) unused ballots, (v) declined ballots, (vi) ballots counted by the vote tabulator (vii) electors who voted. and place the original copy of the MDRO Ballots Account and Certificate as to Number of Voters in the appropriate envelope; (c) place a duplicate copy of the MDRO Ballots Account and Certificate as to Number of Voters in the ballot box with the ballots that have been counted by the vote tabulator and seal it; (d) place in the appropriate envelopes, (i) cancelled ballots, (ii) ambiguous ballots, (iii) declined ballots, and (iv) unused ballots; and seal the envelopes; (e) place all remaining supplies and the sealed envelopes, excluding the statement envelope, in the transfer bag and seal it; (f) deliver the ballot box, transfer bag and statement envelope to the office of the City Clerk or to such other place as the City Clerk has directed in writing. Page 13

15 12.4 On delivery to Waterloo City Centre, ballots from locations where a vote tabulator has not been used (e.g. nursing homes) will be processed through a tabulator. The flash card will be secured and the results will not be printed until after 8:00 p.m. on voting day. 13. Procedure for Closing the Voting Location after Advance Votes 13.1 If a vote tabulator has been used for advance voting, the procedures contained in this Section shall be followed by the Managing Deputy Returning Officers, Deputy Returning Officers and/or other election officials to close the advance voting location After the close of the advance voting, the Managing Deputy Returning Officer or election official shall, check the back-up compartment of the ballot box for ballots to ensure all ballots have been processed, and shall immediately: (a) (b) unplug the vote tabulator; (c) remove the flash card and place in MDRO Envelope; (d) complete the Ballots Account and Certificate as to Number of Voters in duplicate, stating the number of, (i) ballots received from the City Clerk, (ii) cancelled ballots (where a replacement ballot was issued to and marked by the voter), (iii) ambiguous ballots, (iv) unused ballots, (v) declined ballots, (vi) ballots counted by the vote tabulator (vii) electors who voted. and place the original copy of the Ballots Account and Certificate as to Number of Voters in the appropriate envelope; (e) place a duplicate copy of the Ballots Account and Certificate as to Number of Voters in the ballot box with the ballots that have been counted by the vote tabulator and seal it; (f) place in the appropriate envelopes, (i) cancelled ballots, (ii) ambiguous ballots, (iii) declined ballots, and (iv) unused ballots; and seal the envelopes; (g) pack the vote tabulator in the box provided; and (h) (i) pack all other election supplies in the transfer bag; deliver the ballot box, vote tabulator, transfer bag, MDRO Envelope and statement envelope to the office of the City Clerk or to such other place as the City Clerk has directed in writing The City Clerk shall store the flash card(s) in a secure location and the results will not be printed until after 8:00 p.m. on voting day. Page 14

16 14. Advance Voting and Early Closing of Voting Locations The total of the votes at an advance voting location or at a voting location that closes early under Subsection 46(3) of the Act (Institutions) shall not be printed until after 8 p.m. on voting day. 15. Audio Voting Device 15.1 A ballot scanning and audio voting system called the ImageCast Precinct with Ballot Marking Device will be used at the advance vote days and Voting Day location at the Waterloo City Centre. This unit enables voters who cannot mark a paper ballot with a pen to generate a marked ballot To start an audio voting session the Election Assistant will: (a) obtain from a DRO the appropriate ballot and insert into the ballot printer that is attached to the ImageCast unit; (b) connect the type of interface the voter chooses to use and explain how to use the device and create his/her ballot; (c) When the voter is ready, enter the ballot identification number to provide the appropriate ballot for the voter The voter uses headphones to navigate his/her way through the audio ballot. After the voter has confirmed his/her selections, the system will print the selections on the ballot paper to complete a marked ballot. The paper ballot emerges from the printer into a secrecy folder. The ballot is kept in the secrecy folder and is inserted into the input slot at the front of the tabulator. The tabulator reads the ballot, stores the information and deposits the ballot into the ballot box. 16. Manual Count If, at the close of the voting, the City Clerk is of the opinion that it is impracticable to count the votes with the vote tabulators, they may direct that all the votes cast in the election shall be counted manually following as far as practicable the provisions of the Act governing the counting of votes. 17. City Clerk to Retain Records 17.1 The City Clerk shall, at the completion of the count, retain the programs, flash cards, test materials and ballots in the same manner as is provided for in the Act for the keeping of election records The City Clerk shall retain and may have access to the pre-audited group of ballots referred to in subsection 8.3(b) and other materials used in the programming of the vote tabulators The City Clerk shall not alter or make changes to the materials referred to in Subsection Recounts 18.1 Subject to the order of a Judge under subsection 60(3) of the Act, if a recount of votes is held, the votes shall be counted in the same manner as the votes were counted on voting day A vote tabulator shall be tested before the recount in the manner described in Section 8. Page 15

17 18.3 The City Clerk shall attend the recount and bring the ballot transfer bags, vote tabulators, statement envelopes and all documents that, in the opinion of the City Clerk, are relevant to the recount If a vote tabulator is used for a recount, the recount is limited to the ballots tabulated by a vote tabulator during the advance voting and on voting day Subject to an order of a Judge under subsection 60(3) of the Act, if a vote tabulator is used for a recount, those persons referred to in paragraph 2, 3 or 4 of subsections 61(1) or 61(2) of the Act will be unable to examine the ballots or to dispute the validity of a ballot or the counting of votes in a ballot as provided for in subsection 61(5) of the Act, as the ballots are being fed into the vote tabulators by the election officials. 19. EMERGENCIES 19.1 In accordance with Section 53 of the Act, the City Clerk may declare an emergency if they are of the opinion that circumstances have arisen that are likely to prevent the election being conducted in accordance with the Act. Upon declaring an emergency, the City Clerk is authorized to make any arrangements they consider advisable for the conduct of the election. The arrangements made by the City Clerk, if they are consistent with the principles of the Act, prevail over anything in the Act and the regulations made under it. If made in good faith, the City Clerk s declaration of emergency and arrangements shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness. The emergency continues until the City Clerk declares that it has ended. The procedures described in this document are subject to change at the discretion of the City Clerk, if in the opinion of the City Clerk, such change is necessary or desirable for conducting the election. Samantha Belletti, Election Coordinator Julie Scott, Deputy City Clerk Olga Smith, City Clerk Main City Hall Number TTY Website elections@waterloo.ca Page 16