2019 Rideau-Rockcliffe By-election: Candidate and Third Party Information Session

Transcription

1 2019 Rideau-Rockcliffe By-election: Candidate and Third Party Information Session M. Rick O Connor City Clerk & Solicitor Tyler Cox Manager, Legislative Services Milan Stevanovic - Program Manager, Elections

2 Disclaimer This presentation is prepared for information purposes only and is not meant to replace legislation. It provides an overview of the relevant legislation, municipal by-laws and policies. Reference should always be made to relevant legislation, by-laws and policies. 2

3 Presentation Overview General Information The Municipal Elections Act, 1996 and Amendments Voting Dates and Times Offices for Nomination Role of Council Term of Office and Remuneration Eligibility Requirements Nomination Process for Candidates Information Regarding Third Party Advertisers Candidate Advertisements Third Party Advertisements Municipal Authority to Remove Advertisements and the Elections Interpretation Bulletin: Elections Campaign Signs Campaigning and Election Signs Voters List Acceptable Forms of Identification for Electors Accessible Elections Accessible Campaigns Voting Place Information What to Expect on Voting Days Voting by Proxy Details Regarding Vote Tabulators Information Regarding Scrutineers Transmission and Display of Election Results Campaign Finances Contribution Rebate Program Financial Statements and Filing Deadlines Election Compliance Audit Committee Additional Resources and Key Dates 3

4 General Information 4

5 The Municipal Elections Act, 1996 ( MEA ) The MEA governs the conduct of municipal and school board elections in Ontario. In addition to setting out rules for candidates, third parties and electors, it also sets out rules for the administration of elections. Significant changes were made to the Municipal Elections Act, 1996 after the 2014 Municipal Elections. 5

6 Amendments to the MEA Following the latest review of the MEA, a number of amendments were made by: Bill 68, the Modernizing Ontario s Municipal Legislation Act, 2017; Bill 181, the Municipal Elections Modernization Act, 2016; and Bill 154, Cutting Unnecessary Red Tape Act, It is the responsibility of each candidate and third party to ensure compliance with all legislative provisions relevant to the municipal elections process. Candidates and third parties are encouraged to familiarize themselves with the legislation and the 2018 Candidates and Third party advertisers guide for Ontario municipal and school board elections. 6

7 2019 Rideau-Rockcliffe By-election Voting Dates and Times Voting will take place from 10 a.m. to 8 p.m. on: Advance Voting Day Friday, April 5, 2019 Voting Day Monday, April 15,

8 Office for Nomination Eligible individuals may run for the following office: City Councillor Ward 13 (Rideau-Rockcliffe) 8

9 Role of Council To represent the public and to consider the well-being and interests of the municipality; To develop and evaluate the policies and programs of the municipality; To determine which services the municipality provides; To ensure that administrative and controllership policies, practices and procedures are in place to implement the decisions of council; To ensure the accountability and transparency of the operations of the municipality, including the activities of senior management of the municipality; To maintain the financial integrity of the municipality; and To carry out the duties of council under this or any other Act. (Summary of s. 224 of the Municipal Act, 2001) 9

10 Term of Office and Remuneration The Term of Council began on December 1, 2018 and ends on November 14, Salaries (2019 remuneration): City Councillors - $105, per year 10

11 Eligibility Requirements A person is eligible to be a candidate for councillor if they are: A resident of the City of Ottawa, or an owner or tenant of land in the City of Ottawa, or the spouse of such an owner or tenant; A Canadian citizen; At least 18 years old; and Not legally prohibited from voting. A candidate must remain qualified throughout the election and if elected, throughout the term of office. 11

12 Eligibility Requirements (cont d) Who is not eligible to run for municipal office? Any person not eligible to vote in the municipality; An employee of the municipality (unless a leave of absence is taken before nomination and the employee resigns if elected); A judge of any court; A member of the Ontario Legislature, Senate or House of Commons; and A candidate who failed to file the necessary financial statement(s) in the last municipal election. 12

13 Nomination Process for Candidates 13

14 Nomination Period Candidates can file their nomination for the office of city councillor starting Wednesday, January 30, The deadline for candidates to submit their nomination is Friday, March 1, 2019, at 2 p.m. The Clerk must certify nominations by 4 p.m. on Monday, March 4,

15 Nomination Process To become a candidate for the office of councillor, candidates must file a prescribed Nomination Paper Form 1. It must be filed by the candidate or by an agent acting on the candidate s behalf, in person, at the City of Ottawa Elections Office or by appointment with the Clerk at the Office of the City Clerk and Solicitor during regular office hours (8:30 a.m. 4:30 p.m.). The Clerk may require candidates to show proof of eligibility or fill out a declaration that the individual is eligible to run. 15

16 Nomination Process (cont d) Endorsement of Nominations for Councillor Nomination Papers for candidates running for the office of city councillor must be submitted with an Endorsement of Nomination Form 2 that includes a declaration of qualification from at least 25 eligible electors endorsing their nomination. The Clerk is entitled to rely upon the information filed by the candidate. 16

17 Nomination Process (cont d) Filing Fees Candidates must pay a filing fee at the time of filing (by cash, debit, credit card, certified cheque or money order) when they submit their nomination papers. The filing fee for a candidate running for city councillor is $100. Note: If you file your nomination at the Office of the City Clerk and Solicitor, the filing fee must be paid by cash, certified cheque or money order. 17

18 Nomination Process (cont d) Deadline for Withdrawal of Nomination The deadline to withdraw a nomination is Friday, March 1, 2019, at 2 p.m. A withdrawal of nomination must be submitted in writing with the original signature of the candidate, and in person by the candidate or their agent to: The City of Ottawa Elections Office; or By appointment with the Clerk at the Office of the City Clerk and Solicitor. Proof of identity of the candidate or, if applicable, their agent, must be presented when filing the withdrawal. 18

19 Nomination Process (cont d) On Friday, March 1, 2019 (Nomination Day), nominations and withdrawals will only be accepted from 9 a.m. to 2 p.m. at the Elections Office (1221 B Cyrville Rd). Things Needed for Filing Nomination Papers: A completed Nomination Paper Form 1; A completed Endorsement of Nomination Form 2 Filing fee; and Proof of identity. A list of candidates running in the election will be regularly updated and available on the City of Ottawa s Elections website at: 19

20 Information Regarding Third Party Advertisers 20

21 What is a Third Party Advertisement? The MEA defines a third party advertisement as an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate in the election, or, a "yes" or "no" answer to a question on the ballot. Third party advertising is separate from any candidate s campaign, and must be done independently from a candidate. Individuals and entities wishing to conduct third party advertising in the City of Ottawa must register with the Clerk before they can begin advertising. 21

22 Who can Register as a Third Party Advertiser? The following persons and entities are eligible to file a Notice of Registration Third Party with the Clerk: An individual who is normally a resident in Ontario; A corporation that carries on business in Ontario; and A trade union that holds bargaining rights for employees in Ontario. Note: If a third party wants to advertise in more than one municipality, they have to register in each municipality. 22

23 Who cannot Register as a Third Party Advertiser? The following persons and entities are not eligible to file a Notice of Registration Third Party: A candidate whose nomination has been filed under section 33; A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party; A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act; The Crown in right of Canada or Ontario, a municipality or a local board; and Any group or association that is not a corporation. 23

24 Registration Period and Process Individuals and entities may file a Notice of Registration Third Party during regular office hours at the City of Ottawa Elections Office starting Wednesday, January 30, There is no filing fee for third party advertisers. The deadline for an individual, corporation or trade union to submit a Notice of Registration Third Party is Friday, April 12, 2019, at 4:30 p.m. A list of registered third party advertisers will be regularly updated and available on the City of Ottawa s Elections website at: 24

25 The Restricted Period Third party advertisements may begin on the earliest day that an individual, corporation or trade union is allowed to file a notice of registration as a third party advertiser and ends at the close of voting on Voting Day. This period is also known as the restricted period. For the 2019 Rideau-Rockcliffe By-election, the restricted period for third party advertisements is Wednesday, January 30, 2019 until the close of voting on Monday, April 15,

26 Candidate Advertisements 26

27 What is a Candidate Advertisement? The MEA defines a candidate s election campaign advertisement as an advertisement in any broadcast, print, electronic or other medium purchased or directed by a candidate that promotes or supports their election. Campaign advertising may begin on the earliest day that an individual can file their nomination (Wednesday, January 30, 2019). Candidates can only begin advertising once they have filed their nomination with the Clerk. 27

28 Candidate Advertisements (cont d) Mandatory Information in Candidate Advertisements Candidate advertisements purchased by or under the direction of a candidate must identify the candidate. Mandatory Information for Broadcasters and Publishers for a Candidate Advertisement A candidate must provide broadcasters and publishers with the following information in writing before the broadcaster or publishers can allow the advertisement to appear: The name of the candidate; and The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the candidate's direction. 28

29 Third Party Advertisements 29

30 What is a Third Party Advertisement? As previously noted, the MEA defines a third party advertisement as an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate in the election, or, a "yes" or "no" answer to a question on the ballot. Advertisements include traditional ads as well as materials such as brochures or signs. Third party advertisements may appear during the restricted period; Advertisements can begin on the earliest day that an individual, corporation or trade union is allowed to file a notice of registration as a third party advertiser (Wednesday, January 30, 2019); and They must end at the close of voting on Voting Day (Monday, April 15, 2019). Note: Third party advertising may not begin until the third party has registered with the Clerk. 30

31 Third Party Advertisements (cont d) Mandatory Information in Third Party Advertisements Third party advertisements must identify: The name of the third party advertiser; The municipality where they are registered; and Their contact information (a telephone number, mailing address or address) where the third party may be contacted regarding the advertisement. 31

32 Third Party Advertisements (cont d) Mandatory Information for Broadcasters and Publishers for a Third Party Advertisement Third party advertisers must provide broadcasters and publishers with the following information in writing before the broadcaster or publishers can allow the advertisement to appear: The name of the registered third party advertiser; The municipality where the registered third party advertiser is registered; and The name, business address and telephone number of the individual who deals with the broadcaster or publisher under the registered third party advertiser's direction. 32

33 What is Not a Third Party Advertisement? Activities that do not involve spending money, such as discussions or expressing an opinion about a candidate are not considered to be third party advertising. Examples include: Speaking to friends and neighbours; Posting on social media, such as Twitter, Facebook or Instagram; Sending an to a group or mailing list; Internal communications from an employer to their employees, a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees; and Advertising about an issue, rather than a candidate or a yes or no answer to a question on the ballot. 33

34 Municipal Authority to Remove Advertisements & The Elections Interpretation Bulletin: Elections Campaign Signs 34

35 Municipal Authority to Remove Advertisements In accordance with Section 88.7, if the municipality is satisfied that there has been a contravention of the MEA, the municipality may require the advertisement be removed or discontinued. 35

36 The Elections Interpretation Bulletin: Elections Campaign Signs On Friday, June 29, 2018 the Clerk released an Elections Interpretation Bulletin to provide all municipal and school board candidates, as well as the general public, with a clear understanding of how the City of Ottawa will interpret and administer new provisions of the MEA that require identification information to be included on election campaign signs placed on public and private property. 36

37 The Elections Interpretation Bulletin: Elections Campaign Signs (cont d) The City of Ottawa will continue to interpret the identification requirements of the MEA, as they relate to signs, in the 2019 Rideau-Rockcliffe By-election as follows: Type of Sign Candidate Election Campaign Sign Third Party Advertiser Campaign Sign Identification Requirements A traditional election campaign sign that states Elect [Candidate X], Re-elect [Candidate X], or simply [Candidate X] will meet the identification requirements as set out in the MEA. No additional identification information is required on the sign. Specific identification information is required on the sign, as described in the MEA. This information includes the name of the registered third party, the municipality where the third party is registered, and a telephone number, mailing address or address at which the third party may be contacted regarding the advertisement. 37

38 Campaigning and Election Signs 38

39 Election Signs Election sign means a temporary sign that supports or opposes a candidate, a political party, or a yes or no answer to a question on the ballot in a municipal, school board, public utility company, provincial or federal election. 39

40 Access to Multi-Residential Buildings A candidate or their representative may access apartment buildings, condominiums, non-profit housing co-ops or gated communities from 9 a.m. to 9 p.m. for the purposes of campaigning. 40

41 Display of Campaign Signs Owners or tenants of apartments, condominiums and other multi-unit residential properties can display a campaign sign on the premises of their unit. However, a landlord, person, condominium corporation or agent may set out reasonable conditions with respect to the size and type of sign that can be displayed. A landlord, person, condominium corporation or agent may also prohibit campaign signs in the common areas of the property. 41

42 Letter for Candidates and Their Representatives A letter regarding access to multi-residential premises by candidates and their representatives as well as the display of campaign signs is available on ottawa.ca/vote. A copy of this letter was also provided to candidates in their nomination packages. Candidates and their representatives may use this letter when they are canvassing and distributing election material. 42

43 Rules Regarding Election Signs The City of Ottawa has two By-laws which outline the parameters for signs on public and private property: 1. By-law Signs on City Roads; and 2. By-law Temporary Signs on Private Property. The By-laws include rules regarding: The timing and placement of signs; and Timing of their removal. 43

44 Rules Regarding Election Signs (cont d) Election signs do not require a permit but must comply with general restrictions so that no sign: Creates a traffic hazard by impeding a pedestrian or driver s view of a traffic sign, an intersection or railway grade crossing; Creates a physical obstruction or safety hazard for either a pedestrian or operator of a vehicle; Interferes with pedestrian or vehicular traffic; Impedes parking or access, or obstructs a legally required parking space; Obstructs a window, door or fire escape; or Contacts or interferes with any electrical light, power cable or telephone system. Signs shall not be affixed to a tree, lamp post, sign post or stationary vehicle. 44

45 Election Signs on Private Property The first day an election sign can be placed on private property is Thursday, February 14, Temporary Signs on Private Property By-law - City of Ottawa By-law No , as amended, states: No person or entity shall place or cause to be placed or allow to remain placed an election sign more than sixty (60) days immediately preceding the election date. Dimension requirements [By-law ] do not apply to an election sign. 45

46 Election Signs on Public Property The first day an election sign can be placed on public property is Saturday, March 16, Signs on City Roads By-law - City of Ottawa By-law No , as amended, states: No person shall place an election sign on a highway other than on an inner boulevard, provided that the sign is not placed more than thirty (30) days immediately preceding the election date. No election sign is to be placed within fifty (50) centimetres of a sidewalk, or where there is no sidewalk, within two (2) metres of the roadway or within fifty (50) centimetres of the edge of a shoulder where such exists. 46

47 Election Signs (cont d) Every election sign must be removed from the premise within forty-eight (48) hours following the election date; Election signs shall not pose a line of sight issue; and Signs placed in medians will be pro-actively removed. 47

48 Election Sign Enforcement No person shall remove a sign that has been lawfully placed other than persons authorized to do so under the City s by-laws. Contact with all sign related complaints and/or inquiries. Contact the National Capital Commission (NCC) for restrictions of signs on NCC lands and the Ministry of Transportation of Ontario (MTO) for restrictions on provincial highways. 48

49 Voters List 49

50 Voters List During the election cycle, the Municipal Property Assessment Corporation (MPAC) is responsible for preparing the preliminary list of eligible electors for each municipality and school board in Ontario. MPAC uses their database of both property owners and tenants to prepare this preliminary list, which is used in the preparation of the final Voters List for Voting Day. The Preliminary List of Electors was sent to the Clerk on Friday, February 8,

51 Voters List (cont d) Once reviewed by the Clerk, the Preliminary List of Electors becomes the Voters List on Saturday, March 16, The revision period begins on Saturday, March 16 and ends on Saturday, March 30, The Clerk determines how and when individuals can apply to have their name and information added, amended or removed from the Voters List. An elector s name shall appear only once on the Voters List. 51

52 Voters List (cont d) As of Saturday, March 16, 2019, an eligible elector may add or amend their name on the Voters List by: Submitting an Application to Add or Amend My Information on the Voters List form to the Clerk by mail, , fax or in person at any Client Service Centre, the Office of the City Clerk and Solicitor, or the Elections Office; or by Using the online tool Am I on the Voters List? on ottawa.ca/vote to add or amend a name on the Voters List from March 16 to 30,

53 Voters List (cont d) As of Saturday, March 16, 2019, electors may remove a name from the Voters List by: Submitting an Application to Remove a Name from the Voters List form to the Clerk by mail, , fax or in person at any Client Service Centre, the Office of the City Clerk and Solicitor, or the Elections Office. Electors may contact the Elections Office with any questions regarding removing the name of a deceased person. 53

54 Voters List (cont d) As of Monday, March 18, 2019, candidates may obtain a copy of the Voters List upon written request to the Clerk. Candidates are entitled only to the portion of the list that contains the names of the electors eligible to vote in their ward. The clerk may require anyone who receives a copy of the list to sign a receipt acknowledging the list is to be used for election purposes only. Any other use would be in violation of the MEA. The Voters List shall not be posted in a public place, or made available to the public through any print or electronic medium. Third party advertisers are not eligible to receive a copy of the Voters List. 54

55 Revision Process The last day an individual may make an application to add or amend their information on the Voters List to receive a revised voter notification letter is Saturday, March 30,

56 Not on the Voters List on Voting Day? An elector s name does not have to appear on the Voters List in order for them to cast a vote. An Application to Add or Amend My Information on the Voters List can be completed at the voting place. Electors are required to present a piece of ID in order to receive a ballot at their voting place. However, electors who cannot present an acceptable piece of ID may complete the Declaration of Identity form at the voting place to receive their ballot and cast their vote. Note: Photo identification is not required. ID must show the elector s name and address only. 56

57 Acceptable Forms of Identification for Electors 57

58 Acceptable Forms of ID All electors will be required to present a piece of identification in order to receive a ballot at their voting place. The identification must show your name and address. Photo identification is not required. Electors who cannot present an acceptable proof of identity and residence can fill out the Declaration of Identity Form 9 at their voting place. 58

59 Acceptable Forms of ID (cont d) Electors may present any one of the following forms of ID to receive their ballot: An Ontario driver s licence. An Ontario Health Card (photo card). An Ontario Photo Card. An Ontario motor vehicle permit (vehicle portion). A cancelled personalized cheque. A mortgage statement, lease or rental agreement relating to property in Ontario. An insurance policy or insurance statement. A loan agreement or other financial agreement with a financial institution. A document issued or certified by a court in Ontario. Any other document from the government of Canada, Ontario or a municipality in Ontario or from an agency of such a government. 59

60 Acceptable Forms of ID (cont d) Any document from a Band Council in Ontario established under the Indian Act (Canada). An income tax assessment notice. A Child Tax Benefit Statement. A Statement of Employment Insurance Benefits Paid T4E. A Statement of Old Age Security T4A (OAS). A Statement of Canada Pension Plan Benefits T4A (P). A Canada Pension Plan Statement of Contributions. A Statement of Direct Deposit for Ontario Works. A Statement of Direct Deposit for Ontario Disability Support Program. A Workplace Safety and Insurance Board Statement of Benefits T5007. A property tax assessment. A credit card statement, bank account statement, or RRSP, RRIF, RHOSP or T5 statement. 60

61 Acceptable Forms of ID (cont d) A CNIB Card or a card from another registered charitable organization that provides services to persons with disabilities. A hospital card or record. A document showing campus residence, issued by the office or officials responsible for student residence at a post-secondary institution. A document showing residence at a long-term care home under the Long-Term Care Homes Act, 2007, issued by the Administrator for the home. A utility bill for hydro, water, gas, telephone or cable TV or a bill from a public utilities commission. A cheque stub, T4 statement or pay receipt issued by an employer. A transcript or report card from a post-secondary school. Please note that a Voter Notification Letter cannot be used as a piece of ID. 61

62 Accessible Elections 62

63 Accessibility and the MEA Electors and candidates with disabilities 12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. 2009, c. 33, Sched. 21, s. 8 (8). Plan re barriers (2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election. 2016, c. 15, s. 11. Report (3) Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. 2016, c. 15, s

64 Accessibility Tools and Initiatives Elections Office staff have conducted site visits to assess the accessibility of each voting place; An accessibility checklist was developed to identify, prevent and remove barriers for electors, election workers and candidates with disabilities. All election workers receive training on providing accessible customer service. These accessible voting tools are available at every voting place: Large print ballot; Braille listings of candidates; Braille ballot templates; Access to a cell phone with Elections call centre staff on standby; and Magnifying sheet. 64

65 Accessibility Tools and Initiatives (cont d) Curbside Voting is Available at Every Voting Place If an elector is physically unable to go inside the voting place, they can request to have their ballot brought to their vehicle, outside of the building or to another area within the voting place. A friend or support person will need to go inside the voting place to let the election workers know that they require curbside voting. 65

66 Accessibility Tools and Initiatives (cont d) Para Transpo customers will be able to reserve their trip to and from a voting place 48 hours in advance. Customers can contact Para Transpo at for more information, or call to book their trip. 66

67 Accessibility Tools and Initiatives (cont d) Electors may bring a family member, friend, support person, or ask an election worker to help them vote. Before assisting an elector, the support person must make an oral oath that the vote will be kept secret. All service animals are allowed in the voting place. 67

68 Accessible Vote Tabulator The Accessible Vote Tabulator (AVT) allows electors with disabilities to mark and cast their ballot privately and independently. Its features include: A braille keypad; L-R paddles (colour-coded left and right paddles); A sip-puff device; Bilingual audio through headphones; and Bilingual visual support through a 19-inch screen with zoom and high contrast features. 68

69 Accessible Vote Tabulator (cont d) 69

70 Accessible Vote Tabulator (cont d) 70

71 Accessible Vote Tabulator (cont d) The Accessible Vote Tabulator will be available in voting places in seniors residences and longterm care facilities. It will also be available to electors at area wide voting places on Advance Voting Day (Friday, April 5, 2019) 71

72 Online Elections Tools Three online elections tools will be available to the public: Where do I vote? will be available as of Saturday, March 16, 2019 This tool allows electors to search voting places available to them for each voting event. Am I on the Voters List? will be available as of Saturday, March 16, 2019 This tool allows electors to verify their information on the voters list; Electors can add or amend their information online between March 16 and 30, Note: Removing a name from the voters list may not be completed online. Who is Running in my Ward? will be available as of Saturday, March 16, 2019 Electors can enter their qualifying address and see a list of candidates running in their ward. 72

73 Accessible Campaigns 73

74 Accessible Campaigns It is important that candidates and third parties also consider accessibility and ensure equal opportunity for all electors in accessing information and interacting with candidates and third parties. 74

75 Accessible Campaigns Candidates and third parties may consider including: Key pieces of print media available in multiple formats, such as braille, large print, etc.; Accessible provisions for campaign websites; Subtitles for video communications; and Communicating whether or not a candidate s campaign office is accessible. 75

76 Accessible Campaigns (cont d) Consider choosing an accessible campaign office or event space with: Accessible parking; Curb cuts, ramps and wide sidewalks to allow access to the entrance for those using scooters, wheelchairs or service animals; Signage that is easy to see and understand; Seating; Accessible washrooms; and Automatic doors or doors that are easy to open (e.g. levers instead of door knobs). 76

77 Accessible Campaigns (cont d) Consider training for staff and/or volunteers on providing customer service for people with disabilities. For more information, consult the Candidates Guide to Accessible Elections, published by AMCTO and the Province of Ontario. 77

78 Voting Place Information 78

79 Voting Places Number and location of voting places 45 (1) The clerk shall establish the number and location of voting places for an election as he or she considers most convenient for the electors. Number of voting places by voting event: Advance Vote Day: 28 Voting Day: 18 A full list of voting places is available on ottawa.ca/vote. 79

80 Election Workers The Elections Office has filled 300 Election Worker positions. Every voting place will have bilingual staff, identified with a blue English/Français sticker. 80

81 What to Expect on Voting Days 81

82 What to Expect on Voting Days The Elections Office has created a How to Vote video for electors: English: French: 82

83 What to Expect on Voting Days Polls will open at 10 a.m. and close at 8 p.m. on voting days. Voters who are in the voting place by 8 p.m. are entitled to vote. Approximately 5 minutes before the polls close, elections staff will call for anyone who wishes to vote to enter the polling location. 83

84 Voting Process In order to receive a ballot, electors must show a piece of ID that lists their name and qualifying address, photo ID is not required. Acceptable forms of ID are available on ottawa.ca/vote. Electors who cannot present an acceptable proof of identity and residence can make a statutory declaration (Form 9). Electors in long term care centres and seniors residences are not required to show a piece of ID in order to vote. 84

85 Voting Process (cont d) If an elector s name does not appear on the Voters List, they can fill out the Application to Add or Amend My Information on the Voters List. The elector s name will be struck off the Voters List and they will be issued a ballot in a privacy sleeve. Once the elector has marked their ballot, an Election Worker will insert the ballot (face down) in the vote tabulator, without removing it from the privacy sleeve. 85

86 Voting by Proxy 86

87 What is a Proxy? If an elector is unable to get to a voting place to cast their ballot on Advance Voting Day (Friday, April 5, 2019) or on Voting Day (Monday, April 15, 2019), they may wish to appoint a proxy. A proxy is someone that can go to the voting place and cast a ballot on someone s behalf. A proxy must be an eligible elector. A proxy can vote for only one other person, unless he or she is representing his or her own family members. A proxy can still cast their own ballot. 87

88 Appointing a Proxy An elector can appoint a voting proxy during regular business hours, starting Monday, March 18, To appoint a proxy, the elector and the person they want to appoint must fill out an Appointment for Voting Proxy - Form 3. The individual that has been appointed must take the completed form during regular business hours to have it certified by City staff at any of the following locations: The City of Ottawa s Elections Office; or Any Client Service Centre (excluding Walter Baker Sports Centre). The proxy will be required to present a piece of identification upon certification and voting. The deadline for certifying a proxy is Voting Day, Monday, April 15, 2019 at 4:30 p.m. 88

89 Details Regarding Vote Tabulators 89

90 Vote Tabulators There are two types of vote tabulators: Imagecast Precint (ICP) Imagecast Evolution (ICE) 90

91 Vote Tabulators (cont d) An external auditor oversees all testing processes prior to Voting Day to ensure that every vote tabulator works properly, including: Diagnostics of vote tabulators; Tabulation testing; and Ballot testing. 91

92 Vote Tabulators (cont d) Each tabulator has two identical memory cards that are sealed inside the machine. These memory cards are programmed to record the total number votes cast, including any blank, over and under voted ballots. Memory cards used for advance voting and reduced hours voting are programmed not to produce a Results Tape at the end of voting. 92

93 Vote Tabulators (cont d) The following ballots will be returned to the Election Worker: a ballot that has more votes cast for a specific race than is permitted; a ballot that has no votes cast; and a ballot that is damaged or defective or has been marked in such a way that it cannot be properly processed by the tabulator. The Election Worker will discreetly read the message displayed on the tabulator s screen to verify the reason for the returned ballot, and discreetly advise the elector of the reason why the tabulator returned the ballot. The Election Worker will confirm with the elector if they intended on marking the ballot in that fashion. 93

94 Vote Tabulators (cont d) If the elector responds in the affirmative, the Election Worker will press the CAST button to override the error. The tabulator will only count the valid marks on the ballot, if any. If the elector responds in the negative, the Election worker will: Press the RETURN button to have the ballot returned to the privacy sleeve; Write cancelled on the back of the ballot, draw a line through all voting ovals and place it in the envelope labelled Cancelled Ballots ; and Issue another ballot in the voting privacy sleeve to the elector so they can recast their vote. 94

95 Information Regarding Scrutineers 95

96 Appointing a Scrutineer A scrutineer is a person appointed in writing by a candidate to observe the voting and counting proceedings in an election. To appoint a scrutineer, candidates must sign the Appointment of Scrutineers form. The form is available at the Elections Office or by written request from the candidate or their agent. The form will also be appended to an upcoming candidate update letter. Only one scrutineer per candidate per vote tabulator is allowed in the voting place at any given time. When entering a voting place, scrutineers must present the completed Appointment of Scrutineers form with the candidate s original signature. Any Election Worker is allowed to ask to see the form and it must be presented upon request. 96

97 A scrutineer may Enter a voting place 15 minutes before opening; View the empty ballot boxes, ballots and election documents; Initial or sign the seals used to secure the ballot boxes; Initial or sign the printouts from the vote tabulators; Object to an elector s qualifications; View the Voters List when it is not being used by an election worker; and Observe the transmission of results at the close of Voting Day. 97

98 A scrutineer may not Campaign, distribute or display campaign materials or literature in the voting place; Wear or display political slogans; Interfere with or disrupt the voting process in any way; Assist the elector or act as an interpreter; Attempt, directly or indirectly, to influence how the elector votes; Obtain information regarding how the elector intends to vote or has voted; and Make any phone calls or send electronic messages while in the voting place. An election worker may ask a scrutineer to leave the voting place if the rules are not being respected. 98

99 Scrutineers To protect the secrecy of the vote, candidates and scrutineers will not be able to: Attend to or assist electors at the Voting Screens or Accessible Vote Tabulators; Examine the ballots after the Voting Place has opened for voting; Object to ballots; or Object to the counting of votes as the ballots are being inserted into the Tabulator by the Designated Elections Official. 99

100 The Transmission and Display of Election Results 100

101 The Transmission of Election Results Voting Day locations will transmit their results from the voting place. Results from Advance Voting Day will be transmitted from a secure server. Results are by voting machine, not individual polls. There will be no obvious distinction between Advance Voting results and Voting Day results. Unofficial results will begin to be transmitted as soon as voting places empty and location staff have completed their work. A line-up in a voting place at close will delay the transmission of results. 101

102 The Display of Election Results Unofficial results will be displayed on large screens in Andrew S. Haydon Hall at City Hall. Unofficial results will also be posted on ottawa.ca. Unofficial results are updated every 5-7 minutes until all the votes have been tabulated. The majority of unofficial results are expected within an hour of polls closing. 102

103 Official Election Results Official results will be made available once they have been declared by the Clerk. The MEA states that the Clerk shall, as soon as possible after Voting Day, declare the candidates who received the highest number of votes to be elected. Official results will include declined ballots, overvotes and under-votes for each race. Official results will be posted on ottawa.ca. 103

104 Campaign Finances 104

105 Campaign Finances Candidates and third party advertisers are ultimately responsible for all matters relating to their campaign finances. Candidates and third party advertisers cannot receive contributions, incur campaign expenses or begin advertising until they have filed their nomination papers or notice of registration with the Clerk. Candidates and third party advertisers are required to keep complete and accurate financial statements during the course of their campaign. 105

106 Campaign Finances (cont d) Candidates and third party advertisers must keep the following campaign records: Receipts issued for every contribution including when the contribution was accepted and the date the receipt was issued; The value of every contribution, whether it is in the form of money or goods or services, and the contributor s name and address; All expenses, including the receipts obtained for each expense; Any claim for payment of an expense that the campaign disputes or refuses to pay; The funds raised and expenses incurred from each separate fundraising event or activity; and The terms of any loan received from a bank or other recognized lending institution. 106

107 Candidate Campaign Period Candidates may accept contributions or incur campaign expenses during their campaign period only. A campaign period begins the day a candidate files their nomination paper and ends on Thursday, May 30, Exceptions are if a candidate: Withdrew their nomination: The campaign ends on the date the candidate withdrew their nomination with the Clerk. Was not certified as a candidate and their name did not appear on the ballot: The campaign ends on Friday, March 1, Knows they will not have any more financial activity: A candidate can end their campaign at any time after Voting Day, up until Thursday, May 30,

108 Candidate Campaign Period (cont d) If the campaign has a deficit, the candidate can extend their campaign in order to fundraise. Candidates that want to extend their campaign must notify the clerk on or before Thursday, May 30, 2019 using the Notice of Extension of Campaign form (Form 6). If a candidate extends their campaign, the end date for the extended campaign period will be the earliest of: The day a candidate notifies the Clerk in writing that they will be ending their campaign and no longer accepting contributions; or Monday, December 2,

109 Candidate Campaign Period (cont d) Candidates that extend their campaign must file two financial statements: A primary financial statement reflecting the campaign until Thursday, May 30, 2019, due Tuesday, July 2, 2019 at 2 p.m.; and A supplementary financial statement that includes the information from the initial statement and adds financial information from the extended campaign. The supplementary financial statement must be filed with the clerk by 2 p.m. on Monday, January 2,

110 Candidate Campaign Period (cont d) If a candidate s campaign contributions (including contributions from yourself or your spouse) or campaign expenses are greater than $10,000, they must have their financial statement audited and include the auditor s report when they submit their financial statement to the Clerk. It is your responsibility as a candidate to file a complete and accurate financial statement on time. If you have a bookkeeper or accountant complete the financial statement for you, you are still responsible for ensuring that it is complete and accurate and filed on time. 110

111 Candidate Campaign Period (cont d) A candidate can file their campaign financial statement after they have ended their campaign. If you file your statement early and then discover that there is an error in it, you can submit a corrected statement at any time before the filing deadlines. Your original statement is deemed to be withdrawn when you file the corrected statement. You cannot withdraw a financial statement without submitting a corrected one at the same time. 111

112 Registered Third Party Advertising Campaign Period A registered third party can only accept contributions or incur campaign expenses during their advertising campaign period. The advertising campaign period begins on the day the individual, corporation or trade union is registered as a third party advertiser (not before Wednesday, January 30, 2019) and ends on Thursday, May 30, If the advertising campaign has a deficit, the third party can extend their campaign in order to fundraise. 112

113 Registered Third Party Advertising Campaign Period (cont d) If a third party extends their campaign, they must notify the clerk on or before Thursday, May 30, 2019 using the Notice of Extension of Campaign form (Form 6). The end date for the extended advertising campaign period will be the earliest of: The day a third party notifies the Clerk in writing that they will be ending their advertising campaign and no longer accepting contributions; or Monday, December 2,

114 Campaign Bank Accounts Rules for Campaign Bank Accounts Candidates and third parties are not required to open a campaign bank account if they do not receive contributions or incur campaign-related expenses. 114

115 Candidate Campaign Bank Accounts Candidates must open a bank account exclusively for their campaign, if they accept any contributions of money (including contributions from yourself and your spouse) or incur any expenses. If a candidate receives contributions of goods or services but no contributions of money, they do not have to open a campaign bank account. Candidates cannot use their personal bank account for campaign finances. All contributions must be deposited into the campaign bank account. All expenses must be paid for from the campaign bank account. 115

116 Third Party Advertising Campaign Bank Accounts Every third party must open a bank account exclusively for the advertising campaign. An individual cannot use an existing personal bank account for campaign finances. A corporation or trade union may not use an existing account for campaign finances. All contributions, including contributions a third party makes to itself, must be deposited into the campaign bank account. All expenses must be paid for from the campaign bank account. 116

117 What is a Contribution? Campaign contributions are any money, goods or services that are given to the candidate or third party for use in their campaign, including money and goods they contribute to their own campaign. 117

118 Who Can Make a Contribution to Candidates? Candidates can accept contributions from: Individuals who are normally residents in Ontario; and The candidate and their spouse. o Note: If the spouse is not usually a resident of Ontario, they can still make a contribution to their spouse s campaign. 118

119 Self-Funding Limit for Municipal Council Candidates Contributions by a Candidate and/or their spouse There is a limit on a total amount a candidate and their spouse may collectively contribute to their own campaign. This formula is calculated based on the number of electors eligible to vote for the Office; For councillor, the formula is: $5, cents per elector, with a cap of $25,000. These contributions must be deposited into the campaign account, a receipt provided and contributions reported on the financial statement. 119

120 Who Can Make a Contribution to Third Parties? Third parties can accept contributions from: Any person who is a resident in Ontario; Corporations who carry on business in Ontario; Trade unions that hold bargaining rights for employees in Ontario; and The registered third party and, in the case of an individual, his or her spouse. 120

121 Self-Funding for Third Parties There is no limit on how much a third party (and, if the third party is an individual, their spouse) can contribute to their own advertising campaign. Note: Third parties are subject to spending limits. 121

122 Who Cannot Make Contributions to Candidates? Ban on Corporate and Trade Union Contributions Bill 181 amended the MEA to prohibit corporate and trade union contributions to candidates for mayor, councillor and school board trustees. However, the legislation permits corporate and trade union contributions to individuals or organizations registered as a third party advertiser. 122

123 Who Cannot Make Contributions to Candidates? (cont d) An individual who is not normally a resident in Ontario; A federal political party, constituency association, or a registered candidate in a federal election; A provincial political party, constituency association, or a registered candidate or leadership contestant; and A federal or provincial government, a municipality or a school board. 123

124 Who Cannot Make Contributions to Third Parties? A federal political party, constituency association, or a registered candidate in a federal election; A provincial political party, constituency association, or a registered candidate or leadership contestant; and A federal or provincial government, a municipality or a school board. 124

125 Contribution Limits Changes to Contribution Limits Bill 68 amended the contribution limit to a single candidate or third party advertiser from $750 to $1,200. Requirement to inform contributors of limits Candidates and third parties must inform their contributors of the MEA s two contribution limits: An individual may not contribute more than $1,200 to a candidate or third party; and An individual may not contribute more than a total of $5,000 to two or more candidates for offices on the same municipal council or local board. The maximum total amount that a contributor can give to third parties registered in the same municipality is $5,

126 Contribution Receipts Contribution receipts must be issued for every contribution a candidate or third party receives. The receipt should show the contributor s name and address, the date and the value. If the contribution was in goods or services, candidates and third parties must determine the value of the goods or services and issue a receipt for the full value. If a candidate or third party receives a cheque from a joint personal account, the receipt must be issued only to the person who signed the cheque. 126

127 Contribution Receipts (cont d) Candidates and third parties are required to list the names and addresses of every contributor who gives more than $100 in total to your campaign in your financial statement. Candidates and third parties should keep a record of the names and addresses of every contributor, regardless of the value of their contribution, because the same contributor may make multiple contributions that end up totalling more than $100. Note: Contribution receipts are not tax receipts. 127

128 Ineligible Contributions The following contributions are ineligible: Made outside your campaign period; From an anonymous source (except for cash donations of $25 or less at a fundraising event); From an ineligible source (e.g. someone who doesn t live in Ontario, etc.); Greater than the $1,200 limit or the $5,000 total limit; A cash contribution greater than $25; and From funds that do not belong to the contributor who gave them to you. Ineligible contributions must be returned as soon as the candidate or third party learns it is ineligible. If the contribution cannot be returned, it must be turned over to the Clerk. 128

129 Responsibilities for the Clerk The Clerk is required to make financial statements available to the public in an electronic format, free of charge. The Clerk is now responsible for reviewing contributions reported on candidate and third party financial statements. The Clerk must report findings on apparent noncompliance by contributors to the Election Compliance Audit Committee. 129

130 Spending Limits for Municipal Council Candidates Candidates are subject to two spending limits: A general spending limit; and A separate limit for expenses relating to parties and expressions of appreciation after voting day. General Spending Limits The general spending limit is calculated based on the number of electors who are eligible to vote for the office the candidate is running for: For councillors: $5,000 plus $0.85 per eligible elector. 130

131 Spending Limits for Municipal Council Candidates (cont d) Spending Limits for Post-Election Parties and Expressions of Appreciation There is a separate spending limit for candidates for expenses related to parties and expressions of appreciation after the close of voting. This limit is calculated as ten percent of the amount of your general spending limit. The Clerk provided the initial general spending limits to candidates when they filed their nomination. The final self-funding limit, general spending limit and the spending limit for post-election parties and expressions of appreciation will be provided to candidates on April 1, The Clerk s calculation of the spending limits is final. 131

132 Spending Limits for Third Parties Third parties are subject to two spending limits: A general spending limit; and A separate limit for expenses relating to parties and expressions of appreciation after voting day. General Spending Limit The general spending limit is calculated based on the number of electors who are eligible to vote in the municipality where the third party is registered; The formula to calculate the limit is $5,000 plus $0.05 per eligible elector, to a maximum of $25,

133 Spending Limits for Third Parties (cont d) Spending Limits for Post-Election Parties and Expressions of Appreciation There is a separate spending limit for third parties for expenses related to parties and expressions of appreciation after the close of voting. This limit is calculated as ten percent of the amount of your general spending limit (up to $2,500). The Clerk will provide an initial general spending limit to third parties upon registration. The final general spending limit and the spending limit for post-election parties and expressions of appreciation will be provided to third parties on April 1, The Clerk s calculation of the spending limits is final. 133

134 Campaign Expenses For the purposes of the Municipal Elections Act, 1996, the following are considered campaign expenses: Candidate expenses: costs incurred for goods or services by or under the direction of a candidate wholly or partly for use in their election campaign. Third party advertiser expenses: costs incurred by or under the direction of an individual, corporation or trade union for goods or services for use wholly or partly in relation to third party advertisements that appear during an election in a municipality. 134

135 Contribution Rebate Program 135

136 Contribution Rebate Program Section of the MEA provides that a municipality may pass a by-law to allow for the payment of rebates to individuals who contribute to candidates for an office on municipal council. The City of Ottawa s By-law No authorizes the payment of rebates to individuals who make contributions to candidates running for municipal council, who participate in the program. 136

137 Contribution Rebate Program (cont d) To participate in the program, candidates must submit a completed Contribution Rebate Program Application form to the Elections Office. Note: The application form will be provided to candidates when they file their nomination. Candidates may apply for the program at any time between the time they file their nomination and Nomination Day. The deadline to apply for the program is Friday, March 1, 2019 at 2 p.m. Individuals who make contributions to candidates are eligible for a rebate only once the candidate has applied for the contribution rebate program. Eligible contributions from individuals to those campaigns where the candidate has withdrawn prior to the filing deadline (Friday, March 1, 2019 at 2 p.m.) are eligible for a 75 per cent rebate for their contribution to that campaign, up to a maximum of $

138 Complying with the Contribution Rebate Program By-law Candidates for councillor must: Issue a receipt, in the form prescribed by the Clerk, for each contribution made under the rebate program; File a financial statement and auditor s report, including copies of receipts for all contributions; and Have an auditor confirm the candidate has not exceeded their spending limit. The Clerk will review the receipt filed by the contributor and the copy of the receipt filed by the participating candidate to ensure consistency. The Clerk may request further information from the contributor or participating candidate to determine whether a rebate may be made in accordance with the by-law. 138

139 Complying with the Contribution Rebate Program By-law (cont d) Individuals who make contributions to candidates can only receive a rebate if: The candidate, to whom the contribution was made, signed up to participate in the program; and Complied with the provisions of By-law No To be eligible for a rebate: Candidates must issue receipts to their contributors, in the form established by the Clerk. Contributors must submit an application for a rebate, in the form established by the Clerk. The prescribed receipt books are supplied through the Elections Office, free of charge. The prescribed receipts have two sides: 1) Front side: Candidate Campaign Contribution Receipt Contribution Rebate Program 2) Reverse side: Application for the Payment of a Contribution Rebate form 139

140 Contribution Rebate Program Timelines Given the City Clerk s other statutory roles in administering and ensuring the integrity of the election, the new requirements for the City Clerk to review and interpret financial statements, as well as report to the ECAC on apparent non-compliance by contributors, will be a laborious undertaking. These new enforcement and administrative requirements will delay the payment of all rebate cheques to individuals, if one or more candidate campaigns are extended. 140

141 Contribution Rebate Receipts The front side of the receipt must include: The date the contribution was accepted; The date the receipt is issued; The amount received; The payment method; The name and address of the contributor; The name and signature of the candidate; and The name of the office for which the candidate is nominated. 141

142 Contribution Rebate Receipts The reverse side of the receipt must be completed by the contributor. This is the contributor s Application for the Payment of a Contribution Rebate form. (cont d) 142