CITY OF ST. CATHARINES PROCEDURE FOR USE OF VOTE TABULATORS

Transcription

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

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

3 TESTING OF VOTE TABVLATORS 8. (1) Within at least fourteen days before voting day, the Clerk shall test the vote tabulators to ensure that they will accurately count the votes cast for all candidates, by-laws and questions. (2) When testing the vote tabulator, adequate safeguards shall be taken to ensure that the system, or any part of it, that is used for processing and tabulating votes is isolated from all other applications or programmes and that no remote devices are capable of gaining accessto the vote tabulator. 9. (1) The test shall be conducted by, loading the memory cards into the vote tabulators; tabulating a pre-audited group of ballots including ballots that fall into each of the categories of ballots and ballots on which are recorded a predetermined number of valid votes for each candidate and on each by-law and question: and comparing the output of the tabulation against the pre-audited results. (2) The Clerk shall. at the successful completion of the test, seal the memory card to the vote tabulator. (3) If the Clerk detects any error in the test, the cause of the error shall be ascertained and corrected and the test repeated until an errorless count is made. PROCEDURE AT THE VOTING PLACE 10. (1) If a vote tabulator is to be used in a voting place, the voting machine operator shall. in the presence of all scrutineers present, cause the vote tabulator to print a copy of all totals in its memory card one hour or less before the opening of the voting. (2) If the totals are zero for all candidates, by-law and questions, the voting machine operator shall ensure that the zero printout remains affixed to the vote tabulator until the results are printed by the vote tabulator after the close of the vote.

4 (3) If the totals are not zero for all candidates, by-laws and questions, the voting machine operator shall, immediately notify the Clerk and shall conduct the vote using the back-up compartment of the ballot box until the vote tabulator is made operational or the clerk provides a back-up vote tabulator to the voting location. 1 J. The Clerk may assign an election assistant to, in addition to the deputy returning officer, initial a ballot before the ballot is delivered to a voter. 12. (1) The deputy returning officer or an election assistant shall deliver a secrecy folder to each person to whom a ballot is delivered at the same time as the ballot is delivered. (2) After marking the ballot in the voting compartment, the voter shall, insert the ballot into the secrecy folder; leave the compartment without delay; and deliver the secrecy folder containing the ballot to the voting machine operator. (3) The voting machine operator shall, in the presence of the voter and without removing the ballot from the secrecy folder, verify the initials of the deputy returning officer: and if a vote tabulator is available in the voting place, insert the secrecy folder containing the ballot, into the feed area of the vote tabulator until the vote tabulator draws the ballot from the secrecy folder in full view of the voter: or if a vote tabulator is not available in the voting place, insert the ballot, with the initials of the deputy returning officer face down, directly into the ballot box from the secrecy folder in full view of the voter. (4) If a vote tabulator is available in the voting place but fails to operate, the voting machine operator shall, insert the ballot into the back-up compartment of the ballot box; and subject to subsection 13(3), insert the ballots into the feed area of the vote tabulator after the close of the voting.

5 (5) In locations where there is more than one (1) tabulator. if a ballot described in subsection 7(2) is returned by the vote tabulator, the voting machine operator shall advise the voter that the ballot cannot be read becausethey have delivered the ballot to the wrong voting machine and direct them to the appropriate machine. 13. (1) If a vote tabulator has been used to tabulate the votes cast in a voting place, the voting machine operator shall, after the close of the voting, check the back-up compartment of the ballot box for ballots to ensure all votes are tabulated and immediately, (d) (e) tabulate any ballots deposited in the back-up compartment; secure the vote tabulator against receiving any more ballots; print a record of the votes given for each candidate and, if applicable, the votes given for and against a by-law or question; sign the certificate portion of the printed record along with any scrutineers who are present and wish to sign; remove the printed record from the vote tabulator; (1) provide vote totals for any scrutineer upon request; (g) deliver the ballots that have been counted along with the vote tabulator and sealed memory card to the Clerk. (2) After closing of the poll, each DRO at the voting location shall, make out a statement in duplicate of the number of, (iv) (v) (vi) ballots received from the Clerk, ballots counted by the vote tabulator, cancelled ballots, declined ballots, defective ballots, and ballots unused; place the original copy of the statement in the statement envelope; place a duplicate copy of the statement and all unused ballots in a transfer container provided by the Clerk to ensure the safe transfer of the hallots and seal it;

6 (d) place in separate envelopes, cancelled and declined ballots, defective ballots, unused ballots; (e) (f) (g) seal the envelopes; place all remaining supplies and sealed envelopes, excluding the original statement envelope, in a transfer container and seal the transfer container; and personally deliver the transfer container, and statement envelope to the office of the Clerk or to such other place as the Clerk has directed in writing. (3) If a vote tabulator has been used to tabulate votes cast in a voting place but the tabulation of the votes cannot be completed becausethe vote tabulator is not operating or cannot be made to operate following the close of the voting, the voting machine operator shall, after the elose of the voting and after determining the tabulation cannot be completed, (d) (e) seal the ballot box in such a manner that it cannot be opened or any ballots be deposited in it without breaking the seal; secure the vote tabulator against receiving any more ballots; personally deliver the ballot box, transfer carrier, ballot transfer container and vote tabulator to a place designated by the clerk where a back-up vote tabulator is located; follow the procedures set out in section 10 to ensure that the totals of the back-up vote tabulator are zero for all candidates, by-laws and questions; insert all the ballots from the ballot box into the back-up vote tabulator; and (f) follow the procedures in subsection 13(1).

7 (4) If a vote tabulator has not been provided, or, if provided, has not been used to tabulate votes cast in a voting place, the deputy returning officer or election assistant shall, immediately after the close of voting, follow with necessary modifications the procedures in clause 13(3), the Clerk, or a person designated by the Clerk, shall with necessary modifications follow the procedures in clause 13(3). 14. If, at the close of the voting, the Clerk is of the opinion that it is impracticable to count the votes with the vote tabulators, he or she may direct that all or part of the votes cast in the election be counted manually following as far as practicable the provisions of the Act governing the counting of votes. 15. The Clerk shall, at the completion of the count, retain the programs, memory cards, test materials and ballots in the same manner as is provided for in the Act for the keeping of ballots. 16. (1) The Clerk shall retain and may have accessto the pre-audited group of ballots referred to in clause 9( 1) and other materials used in the programming of the vote tabulators. (2) The Clerk shall not alter or make changes to the materials referred to in subsection (1). ADVANCE VOTING AND EARLY CLOSING OF VOTING PLACES 17. The total of the votes at an advance voting location or at a voting location that closes early under subsection 46(3) of the Act shall not be printed and the procedures under section 13 shall not be followed until after 8:00 p.m. on the voting day. RECOUNTS 18. The Municipal Elections Act provides two ways in which a recount can be initiated: (1) The Council of a municipality may pass a resolution requiring a recount of the votes cast for all or specified candidates for an office on the Council. (2) A person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior COUl1 of Justice for an Order that the Clerk hold a recount.

8 In both cases, the request for a recount must be made within 30 days after the clerk's declaration of the election results. 19. Prior to Council's consideration of a recount, a Candidate must request a recount outlining the reasons for such a recount. If such a request is received, a report will be presented to Council for their consideration. 20. If a recount of votes is held, the votes shall be recounted in the same manner as the votes were counted on voting day. 21. (1) The vote tabulators shall be tested before the recount in the manner described in section 8. (2) The Clerk and other applicable staff shall attend the recount and bring the original ballots, vote tabulators, and all documents that, in the opinion of the Clerk. are relevant to the recount. (3) If a vote tabulator is used for a recount, the recount is limited to the ballots tabulated by a vote tabulator on voting day. The Clerk shall ensure that all of the ballots are processed through the same vote tabulator and in the same fashion as they were on election day. (4) Candidates and/or their designates will be allowed to view each ballot prior to the ballot being placed in the vote tabulator. If the candidate or his designate objects to the validity of a ballot, the ballot will be set aside, and a determination of the validity of the ballot will be made by the City Clerk. All non-disputed ballots will be tabulated by the same vote tabulator and in the same fashion as they were on election day. (5) The Clerk shall give notice of the recount to: (iv) every certified candidate for an office that is the subject of the recount; in the case of a recount requested under subsection 57(1) of the Act the council, local board or Minister. as the case may be, in the caseof a recount ordered under section 58 of the Act, the applicant, and in the case of a recount concerning an office, question or by-law in respect of which electors of another municipality are entitled to vote, the Clerk who was responsible for the conduct of the vote in that other municipality.

9 (6) The Clerk shall open the ballot boxes and processthe ballots through the vote tabulators in the samefashion asthey were on election day and tabulate, in the caseof a recount in an election for an office, the number of votes for eachcandidatewho is subject to the recount under sections 56,57,58, or 59 of the Act, in the caseof a recount in an election to obtain the assentof the electorsto a by-law, the number of votes in favour of the by-law and the number opposed,and in the caseof a recount in an election to obtain the opinion of the electors on a question, the number of votes for eachpossible answer to the question. (7) The Clerk may conduct the recount by processingthe memory cards if agreementis received from: (iv) eachcandidate, subject to the recount under section 56, 57, 58, or 59 of the Act, the council that submitted the by-law, in the caseof a recount in an election to obtain the assentof the electors to a by-law, the Minister, councilor local board that submitted the questions, in the caseof a recount in an election to obtain the opinion of the electors on a question, and the applicant, in the caseof a recount ordered under section 58 of the Act. Dated the io" day of June2010. Dan Carnegie Director / City Clerk