TOWNSHIP OF WELLINGTON NORTH 2014 MUNICIPAL ELECTION PROCEDURES

Transcription

1 TOWNSHIP OF WELLINGTON NORTH 2014 MUNICIPAL ELECTION PROCEDURES

2 TABLE OF CONTENTS DEFINITIONS 1 AUTHORITY 3 NOMINATIONS 4 VOTERS LIST 10 CAMPAIGNING AND CAMPAIGN MATERIAL 12 PROXY VOTING 13 VOTING PLACES 14 PERSONNEL 16 ADVANCE VOTE 17 PROCEDURES AT THE VOTING PLACE 18 WHO IS ENTITLED TO VOTE 19 AMENDMENTS OF VOTERS LIST 20 ELECTORS REQUIRING ASSISTANCE 20 TABULATORS 22 SCRUTINEERS 27 NOTICE OF RESULTS 28 RECOUNT 28 CANDIDATES FINANCIAL DISCLOSURE 32 ELECTION RECORDS 33 ACCESSIBILITY 33 EMERGENCIES 34

3 DEFINITIONS a) Act..means the Municipal Elections Act, 1996, S.O. 1996, C. 32, as amended. b) Advanced Vote..means the location, dates and hours for casting a ballot prior to Voting Day, as established by by-law. c) Candidate..means a person who has been nominated under Section 33 of the Act. d) Certified Candidate..means a candidate whose nomination has been certified by the Clerk under Section 35 of the Act. e) Clerk..means the Clerk of the municipality who is responsible for conducting this election under the authority of the Act. All references to the Clerk for the purposes of this manual shall mean the Returning Officer (R.O.) for the 2014 Municipal Election. All references to Clerk s designate shall mean the delegated duties of the R.O. f) Deputy Returning Officer..means a person appointed by the Clerk for each voting place who will be delegated specific duties and powers by the Clerk. g) Election Official..means the Clerk or other person(s) appointed in writing by the Clerk to carry out election duties under the Act. An Election Official can only carry out the tasks and duties as assigned in writing by the Clerk, and must take the prescribed oath. (s. 15(4)) h) Friend..means a person who has been requested by an elector to assist him or her in the voting process. i) Municipal Office..means the Township of Wellington North administration building located at 7490 Sideroad 7 West, Kenilworth, Ontario N0G 2E0. j) Poll Clerk means an assistant to the Deputy Returning Officer at each polling place. k) Preliminary List of Electors..means a list of electors for the municipality compiled by the Municipal Property Assessment Corporation (MPAC) and provided to the municipality by July 31 st of an election year. l) Proof of Identification..means proof of identity and residence as prescribed in O. Reg. 304/13 of the Act. m) Regular Office Hours..means Monday to Friday, 8:30 a.m. to 4:30 p.m. 1

4 n) Scrutineer..means an individual, appointed in writing by a certified candidate, to represent him or her during the voting process. o) Voters List..means the Preliminary List of Electors, as corrected by the Clerk, under the provisions of Section 22 of the Act. p) Voting Day..means the final day on which the vote is to be taken in an election and shall be Monday, October 27, 2014 with the close of voting to be at 8:00 p.m. q) Voting Place..means the only location, both convenient and accessible to the electors, for the purpose of casting a ballot as established by the Clerk r) Voting Place Supervisor (VPS)... means a person delegated duties and responsibilities with respect to the management of operations at the Voting Place by the Clerk. 2

5 AUTHORITY Duties of Clerk 11. (1) The clerk of a local municipality is responsible for conducting elections within that municipality, subject to the following exceptions: 1. The clerks specified in the regulations made under the Education Act are responsible for certain aspects of the elections of members of school boards, as set out in those regulations. 2. The clerks specified in section 11.1 are responsible for certain aspects of the election of members of the council of an upper-tier municipality, as provided for in that section. 3. Repealed: 2002, c. 17, Sched. F, Table. 4. The clerks specified in subsection (5) are responsible for certain aspects of the election with respect to a question an upper-tier municipality submits to its electors under clause 8 (1) (b) or (c). (2) Responsibility for conducting an election includes responsibility for, (a) preparing for the election; (b) preparing for and conducting a recount in the election; (c) maintaining peace and order in connection with the election; and (d) in a regular election, preparing and submitting the report described in subsection 12.1 (2). Powers of Clerk 12. (1) A clerk who is responsible for conducting an election may provide for any matter or procedure that, (a) is not otherwise provided for in an Act or regulation; and (b) in the clerk s opinion, is necessary or desirable for conducting the election. Procedures and Forms Section 42(4) states that the procedures and forms established by the Clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. Any unforeseen cases not dealt with in these procedures will be recorded, action taken, and reflected in an addendum signed by the Clerk, to these procedures and circulated to all candidates. 3

6 NOMINATIONS 2014 NOMINATION PROCEDURE NOMINATION PAPERS (SECTION 33) The giving of notice for nominations shall be on the Notice Candidate Nominations for all Wellington County municipalities and placed in a local newspaper prior to January 1, Notice shall also be posted on the Township of Wellington North website and displayed at the municipal office. Nomination Paper (Form 1) for the following offices will be available at the Clerk s Office from the first business day of January in 2014 to Thursday, September 11, 2014 during regular office hours, and between 9:00 a.m. and 2:00 p.m. on Friday, September 12, 2014 (Nomination Day) for the following offices: Municipal Council Mayor - 1 to be elected Township Councillor Ward 1-1 to be elected Township Councillor Ward 2-1 to be elected Township Councillor Ward 3-1 to be elected Township Councillor Ward 4-1 to be elected Nomination form to be filed with the Clerk, Township of Wellington North County Council County Councillor Ward 3-1 to be elected County Councillor Ward 4-1 to be elected Nomination form to be filed with the Clerk, Township of North Wellington School Boards Upper Grand District School Board: 1 Member to be elected for Townships of Wellington North, Mapleton and Town of Minto. Nomination form to be filed with the Clerk, Township of Wellington North Wellington Catholic District School Board: 1 Trustee to be elected for Townships of Centre Wellington, Mapleton, Wellington North and Town of Minto Nomination form to be filed with the Clerk, Township of Centre Wellington Conseil Scolaire de District Catholique Centre-Sud:1 Trustee to be elected for Counties of Wellington and Dufferin, City of Brampton and Town 4

7 of Caledon Nomination form to be filed with the Clerk, City of Brampton Conseil Scolaire de District du Centre-Sud-Ouest:1 Trustee to be elected for Counties of Wellington, Middlesex, Perth, Huron, Elgin and Region of Waterloo. Nomination form to be filed with the Clerk, City of London Nominations must be on the prescribed form and are to be filed with the Clerk at the appropriate municipal office in the following manner: In person or through an agent During regular office hours at the Clerk s Office from first business day in January of 2014 to Thursday, September 11, 2014 and between 9:00 a.m. and 2:00 p.m. on Friday, September 12, 2014 (Nomination Day) With the prescribed statement of qualifications, signed by the person being nominated With the prescribed nomination filing fee of $ for Head of Council and $ for all other offices the filing fee shall be paid by cash, debit card, certified cheque or money order payable to the municipality With proof of identity and residence as prescribed in O. Reg 304/13 No faxed or other electronically transmitted nomination paper will be accepted - original signatures are required. The Clerk will administer the Declaration of Qualifications on the Nomination Paper Form 1 and the Declaration of Qualifications Council or the Declaration of Qualifications School Trustee oaths to the candidate. The certified cheque, cash, debit card or money order will be deposited with the Municipal Treasury Department. ESTIMATED MAXIMUM CAMPAIGN EXPENSES (SECTION 76(6)) The Clerk shall calculate the estimated maximum campaign expenses for each office on the Estimated Maximum Campaign Expenses and provide a copy to the candidate or his/her agent the day that the Nomination Paper is filed in accordance with Section (1). The Clerk s calculation if final. NOTICE OF PENALTIES (SECTION 33.1) The Clerk shall provide a notice of penalties on the Notice of Penalties to the candidate or their agent at the time a nomination package is given to the candidate or their agent. 5

8 MUNICIPAL FREEDOM OF INFORMATION & PROTECTION OF PRIVACY ACT Information regarding the authorization to the Clerk to release personal information to the public and media is included on the Nomination Form Form 1. UNOFFICIAL LIST OF CANDIDATES The Clerk shall provide notice of the unofficial list of candidates by preparing and posting in the Municipal Office and on the website an Unofficial List of Candidates which is to be updated by 4:00 p.m. on the day each Nomination Paper is filed. The list should be clearly marked UNOFFICIAL. NOMINATION DAY SEPTEMBER 12, 2014 (SECTION 31) Nomination Papers will be received at the Municipal Office between 9:00 a.m. and 2:00 p.m. on Nomination Day. Procedure for the handling of Nomination Papers on Nomination Day will be the same as above. CERTIFICATION OF NOMINATION PAPERS (SECTION 35) On or before Monday, September 15, 2014, at 4:00 p.m., the Clerk will do a review of each nomination received to determine qualification and if the nomination complies with the Municipal Elections Act, Once satisfied the candidate is qualified, complete the Certification by Clerk section on Nomination Paper. REJECTION OF NOMINATION PAPER (SECTION 35(3), (4)) If the Candidate is not qualified to be nominated, or the nomination does not comply with the Municipal Elections Act, 1996, the Clerk will reject the Nomination. A telephone call shall be made to the candidate informing him/her of the rejection, and a Notice of Rejection of Nominations: shall be sent, by Registered Mail, as soon as possible, to: The person who sought to be nominated, and All candidates for the office 6

9 WITHDRAWAL OF NOMINATION PAPERS (SECTION 36) Candidates may withdraw their Nomination by filing in person a withdrawal in writing on Withdrawal of Nomination form with the Clerk before 2:00 p.m. on Nomination Day, Friday, September 12, 2014, if the person was nominated on or before Nomination Day; and before 2:00 p.m. on the Wednesday following Nomination Day, (September 17, 2014); if the person was nominated under Section 33(5) Additional Nominations. The withdrawal shall be noted on the Unofficial List of Candidates. OFFICIAL LIST OF CANDIDATES The final list of certified candidates will be posted at the Municipal Office and on the website on or before Wednesday, September 17, 2014 using the Official List of Certified Candidates. DECLARATION OF ELECTION (SECTION 40) If after 4:00 p.m. on Monday, September 15, 2014 the number of certified nominations filed for an office is more than the number of persons to be elected to the office, the Clerk shall declare an election to be conducted. The Clerk shall give the electors notice of: a) The location of the voting places; b) The dates and times on which the voting places will be open for voting; c) If section 44 (voting proxies) applies, the manner in which electors may use voting proxies. The Clerk shall post a Notice of Election Information on or before September 22, 2014 at the municipal office, on the municipal website and, where there is a publication having general circulation in the municipality, publish a notice once in the publication, advising of the voting process and other relevant information. ACCLAMATIONS (SECTION 37(1)) If after 4:00 p.m. on Monday, September 15, 2014, the number of certified candidates for an office is the same as or less than the number to be elected, the Clerk shall immediately declare the candidate(s) elected by acclamation. The Clerk shall post a Declaration of Acclamation to Office. In this situation there shall be no election conducted for this position(s). 7

10 FEWER NUMBER OF NOMINATION PAPERS THAN OFFICES (SECTION 33(5)) If at 4:00 p.m. on Monday, September 15, 2014, the number of certified nominations filed for an office is less than the number of persons to be elected to the office, additional nominations may be filed between 9:00 a.m. and 2:00 p.m. on Wednesday, September 17, The Clerk shall post a Notice of Additional Nominations advising that Nomination Papers may be filed for that office during the specified time. If at 2:00 p.m. on Wednesday, September 17, 2014, additional Nomination Papers have been filed, the procedure to certify or reject Nomination Papers shall be followed. ADDITIONAL NOMINATIONS MORE THAN NUMBER OF OFFICES REMAINING (SECTION 33(5)) If between 9:00 a.m. and 2:00 p.m. on Wednesday, September 17, 2014, there are more than a sufficient number of certified Nominations to fill the office(s), an election shall be conducted with the names of the persons who have filed certified Nomination Papers. WITHDRAWAL OF ADDITIONAL NOMINATIONS Withdrawal of additional nominations must take place prior to 2:00 p.m. on Wednesday, September 17, Follow the procedures in the Withdrawal of Nomination Paper section above. ADDITIONAL NOMINATIONS EQUIVALENT TO NUMBER OF OFFICES (SECTION 35(2) AND 37(2)) If at 4:00 p.m. on Thursday, September 18, 2014 there is a sufficient number of certified Nomination Papers filed to fill the office(s), the Clerk shall cause to be posted a Declaration of Acclamation To Office Additional Nominations. INSUFFICIENT NUMBER OF NOMINATION PAPERS FILED TO FORM A QUORUM MUNICIPAL COUNCIL (SECTION 37 (4)1) If the number of Nomination Papers filed is insufficient to form a quorum of the Municipal Council, a by-election shall be held. 8

11 SUFFICIENT NUMBER OF NOMINATION PAPERS FILED TO FORM A QUORUM MUNICIPAL COUNCIL (SECTION 37(4)2) If the number of Nomination Papers filed is less than the number of positions for an office of the Municipal Council, but does form a quorum, Section 263 (1) a of the Municipal Act, 2001 shall apply. DEATH OR INELIGIBILITY OF A CANDIDATE (SECTION 39) If a certified candidate dies or becomes ineligible before the close of voting and: The result would be an acclamation for an office, the election to such office is void and a by-election for such office shall be held (Section 65(4) provides that the sixty day (60) period starts as of the date of death). The result would be one less candidate only and no acclamation, the candidate s name shall be omitted from the ballot. If the ballots are already printed, the Clerk shall post the notice of the death in a conspicuous place in every voting place and the election shall proceed as if the deceased or ineligible candidate has not been nominated. No votes are to be counted for the candidate who has died or become ineligible. FINAL CALCULATION OF CAMPAIGN EXPENSES (SECTION 76(7)) The Clerk shall, after determining from the number of eligible electors from the Voters List for each office, calculate the maximum amount of campaign expenses that each candidate may incur for that office and prepare a Certificate of Maximum Campaign Expenses. The certificate shall be delivered to each candidate within 10 days after Nomination Day (September 13, 2014 to Monday, September 22, 2014). The Clerk s calculation is final and shall be made in accordance with the prescribed formula in Ontario regulation 101/97. 9

12 VOTERS LIST VOTER QUALIFICATIONS (SECTION 17(2)) A person is entitled to be an elector at an election held in a local municipality if, on Voting Day (October 27, 2014) he/she: (I) (II) (III) (IV) Is a Canadian citizen, Is at least 18 years old, Resides in the local municipality, or is the owner or tenant of land in the local municipality, or the spouse, or same-sex partner of such a person; and Is not prohibited from voting under subsection 17(3) of the Municipal Elections Act, 1996 or otherwise, by law. CERTIFICATION OF VOTERS LIST The Preliminary List of Electors (PLE) supplied by the Municipal Property Assessment Corporation shall be delivered to the Clerk by July 31, 2014 if no date is agreed upon with MPAC or prescribed by the Minister (Section 19 (1.1)). The PLE shall contain the name and address of each person who is entitled to be an elector and additional information the Clerk needs to determine for which offices each elector is entitled to vote, such as school support. In addition, if the local municipality is divided into voting subdivisions, the name of each resident elector shall be entered on the PLE for the voting subdivision in which he or she resides and the name of each nonresident elector shall be entered on the PLE for the voting subdivision in which the elector or his or her spouse is an owner or tenant of land. The Clerk shall, to the best of his/her ability and legislative authority, ensure that an elector s name appears on the PLE for a local municipality only once. Where a voter qualifies at more than one location in the municipality, the voter may vote only once for each office and the qualifying address to determine eligibility for voting shall be the elector s place of residence. It is possible for an elector s name to appear on the Voters List of more than one municipality. That elector may be eligible to vote in both municipalities. For example, a person listed as a resident elector in one municipality and a non-resident elector in another municipality is entitled to vote in each, provided they are not voting for the same office more than once. School Board votes must be cast in the municipality where the elector resides. The Clerk shall correct any obvious errors in the PLE prior to September 1, 2014 and notify the Municipal Property Assessment Corporation (MPAC). This notification can occur when the Final List of Changes to the Voters List is sent to MPAC after the elections (see the Final List of Changes section below). However, those changes 10

13 affecting a ward and voting place designation, missing streets, buildings or subdivisions, should be forwarded to MPAC in time for inclusion in the September exceptions files that MPAC provides. Notification to MPAC should be sent in an to the municipality s Municipal Relations Rep. The corrected PLE becomes the VOTERS LIST. The Clerk may use any information that is in the municipality s custody or control (subject to MFIPPA) when correcting the PLE for obvious errors (Section 22(2)). The Voters List shall be reproduced and identified with a Voters List Cover Sheet on or before September 1, The Clerk may place in a local newspaper(s) on or before September 1, 2014 a Notice of the Voters List. Upon written request, the Clerk shall give every candidate the part of the Voters List that contains the names of the electors who are entitled to vote for that office a copy of the Voters List. For example, if a candidate is running in Ward 2, they only receive the part of the Voters List pertaining to Ward 2, not the entire Voters List. Each candidate will be required to sign the Declaration of Proper Use of the Voters List. The use of the Voters List shall be in accordance with the Policy for Use of the Voters List. ACCESS TO THE VOTERS LIST (SECTION 88(10) AND (11)) The legislation states that the Voters List cannot be posted in a public place and can be used only for election purposes. AMENDMENTS TO THE VOTERS LIST The Voters List may be amended using the prescribed form Application to Amend Voters List and providing proof of identity and residence as prescribed in O. Reg. 304/13, between the 2 nd day of September, 2014 to the 24 th day of October, 2014 during normal hours and on the 27 th day of October until 8:00 p.m. (Section 24). Other names can be removed from the Voters List by using the form Application for Removal of Another s Name from the Voters List and providing proof of identity and residence as prescribed in O. Reg. 304/13, between September 2 nd and 2:00 p.m. on September 112 th, (Section 25 (1)). On Nomination Day, September 12 th, 2014, determine the total number of electors on the Voters List. This number will be necessary to calculate the Certificate of Maximum Campaign Expenses for the 2014 Municipal Election. 11

14 INTERIM LIST OF CHANGES (SECTION 27(1)) The Clerk shall, within 10 days after Nomination Day (September 22, 2014) prepare an Interim List of Changes to the Voters List. The Interim List of Changes shall be given to each person who received a copy of the Voters List and to each certified candidate. CERTIFICATION OF THE VOTERS LIST (SECTION 28(1) The Clerk shall compile any changes to the Voters List on the Certificate of the Voters List and certify the Voters List for use in each voting place. FINAL LIST OF CHANGES (SECTIONS 27(2)) The Clerk shall prepare the Final List of Changes to the Voters List by November 27, A certified copy of the Final List of Changes shall be sent to MPAC together with a copy of the approved applications. CAMPAIGNING AND CAMPAIGN MATERIAL CAMPAIGNING AND CAMPAIGN MATERIAL Campaigning, including signage and other materials, are permitted no earlier than the filing of Nomination Papers by the Candidate unless otherwise stated in the local municipal by-law. Information contained in/on all campaign material is the responsibility of the Candidate and any questions or concerns should be directed to the Candidate. CAMPAIGNING AND CAMPAIGN MATERIAL MUNICIPALLY OWNED/LEASED FACILITIES Election campaigning or the distribution/posting of election campaign material at municipally-owned or leased facilities is not permitted. The use of corporate resources is not permitted by Candidates for election purposes (ie. staff, electronic devices, supplies, etc.) 12

15 ELECTION SIGNS The Municipal Elections Act, 1996 does not address where campaign signs may be located. The regulation of signs generally falls within the jurisdiction of the local or upper-tier municipality or, when signs are placed near a provincial highway, the Ministry of Transportation. Candidates should check with the municipal clerk to determine any sign by-law requirements. Township of Wellington North does not have a sign by-law in place to permit signs on municipal highways, no signs are permitted on Township property and municipal road allowances/highways. County of Wellington does have a sign by-law in place and permits election signs on County roads as follows: Extract from County of Wellington By-law No Signs that are permitted on a County road are restricted to the following: (2) Signs not requiring a permit: a) election signs, which may be displayed after the issuance of writs for a provincial or federal election, or within six weeks immediately preceding a municipal election, and which are to be removed at the candidates expense within 48 hours after the day of the election; Province allows campaign signs on provincial highway road allowances but not within 300m of an intersection. PROXY VOTING PROXY VOTING (SECTION 44) Any person whose name is on the Voters List or who has been added by revision may vote by proxy. There are no limitations on who may vote by proxy provided they are entitled to be an elector. A person wishing to appoint a proxy voter must do so on the prescribed form Appointment of Voting Proxy. The appointment may only be made after the time of withdrawal of nominations has expired for all offices for which the election is being conducted (Friday, September 12, 2014, after 2:00 p.m.) or if additional nominations were required, Wednesday, September 17, after 2:00 p.m. The person appointed must be entitled to be an elector. The person shall not, a) Appoint more than one voting proxy b) Act as a voting proxy for more than one other person 13

16 This restriction does not apply if the proxy and the other person are spouses, siblings of each other, parent and child, or grandparent and grandchild. A person appointed as a proxy may only (only a. or b. shall apply) a) Act for one non-related person, or b) Act for any number of relatives, (including spouses, parents, siblings, children, grandparents and grandchildren) The person appointing a voting proxy shall complete an application in the prescribed form including a statutory declaration that the person is the person appointed as a voting proxy and shall bring the form in person to the Clerk at the Clerk s office during normal office hours or any other place designated and between 12 noon and 5:00 p.m. on the day of an advance vote. The Clerk shall, if satisfied that the person who appointed the voting proxy is qualified to appoint a proxy and the person so appointed is qualified to act as a proxy voter, give a certificate in the prescribed form. On Election Day, no application shall be approved by the Clerk after normal office hours. Normal office hours for the Township of Wellington North are 8:30 a.m. to 4:30 p.m. The Clerk shall require proof of identity and residence as prescribed in O. Reg. 304/13 of elector appointed before certifying proxy. This form is a public record and the copy on file with the Clerk may be inspected by any person. VOTING PLACES VOTING PLACES (SECTION 45) ESTABLISHING VOTING PLACES The Clerk shall ensure that each voting place is accessible. Confirm locations in writing. Ensure that each location will be open and clarify what, if any, furniture will be provided by the owner. Identify a contact person for Voting Day. The voting place should be large enough to permit a proper layout secrecy for voter, etc. Where there are voting places, the entire property may be designated as the voting place. This will make it easier to require removal of prohibited election material Section 48(3). In the case of institutions or retirement homes referred to in Section 45(7), Council may pass a by-law which provides for reduced opening hours (Section 46(3)). 14

17 VOTING PLACES The Clerk shall establish the number and location of voting places for an election as he/she considers most convenient for the electors. Voting places shall be located within or in close proximity to the voting subdivision. Voting Places will be open for the Electors to vote from 10:00 a.m. until 8:00 p.m. Every voting place shall be furnished with compartments in which electors may mark their ballots without other persons being able to see how they are marked and it is the duty of the Clerk and the Deputy Returning Officer respectively to ensure that a sufficient number of compartments are provided at each voting place. The Clerk shall post a Notice of Election Information at the municipal office and other locations throughout the municipality as determined. Where there is a publication having general circulation in the municipality a notice shall be published advising the date and time of voting, including advance voting and the location of the voting places. SPECIAL VOTING PLACES (SECTION 45(7)) A voting place shall be provided in or upon the premises of an institution located in a municipality that is, An institution for the reception, treatment or vocational training of persons who have served or are serving the Canadian Forces; An institution which on nomination day has twenty (20) or more beds occupied by persons who are disabled (ie. an institution, including a hospital, a psychiatric facility, a home for the aged and a nursing home, which has twenty (20) or more beds occupied by persons who are chronically ill or infirm); or A retirement home which, on nomination day, has fifty (50) or more beds occupied. The Clerk may reduce hours of voting for Special Voting Places on voting day A vote tabulator may be provided at the institution/retirement/nursing home locations. Where the Clerk has determined that the use of an optical scanning vote tabulator is not feasible at any of these locations, the Returning Officer, Deputy Returning Officer and one or two Elected Official(s) shall attend each nursing/retirement home and assist the residents. All the ballots shall be deposited into the ballot box which will in turn be returned to the Ballot Counting Centre by the Returning Officer to be counted by a vote tabulator on Election Day. 15

18 ATTENDING TO ELECTOR (SECTIONS 45(8) (10)) A Deputy Returning Officer may attend to an elector anywhere within the area designated as the voting place (Section 45, (8)-(10). Where a patient of the hospital or other institution is bedridden or is unable to walk, it is lawful for the Deputy Returning Officer and Poll Clerk with the candidates or their scrutineers to attend upon the person for the purpose of receiving his/her ballot, but no Candidate or scrutineer shall be present where the ballot of any such voter is marked. PERSONNEL CLERK (SECTION 12(1)) A Clerk who is responsible for conducting an election may provide for any matter or procedure that: a) Is not otherwise provided for in an Act or regulation; and b) In the Clerk s opinion, is necessary or desirable for conducting the election. DRO s AND OTHER ELECTION OFFICIAL (SECTION 15) When it is necessary to conduct an election, the Clerk shall appoint a Deputy Returning Officer and may appoint any other election officials for the election and for any recount that the Clerk considers are required. The Clerk may delegate to a Deputy Returning Officer or other election official any of the Clerk s power or duties in relation to the election as he or she considers necessary. The Clerk may continue to exercise the delegated powers and duties despite the delegation. The delegation shall be in writing. There shall be a substitute qualified person appointed to attend to the election details in the event the Clerk is unable to be present to conduct procedures on Voting Day. The Poll Clerk will assist the Deputy Returning Officer at the polling place. The Technical Deputy Returning Officer will be responsible for the operation of the Vote Tabulator at the Voting Place The Voting Place Supervisor is responsible for the management of operations at the Voting Place. All other election staff are required to complete and sign the Appointment and Preliminary Oath of Affirmation for Election Officials 16

19 ADVANCE VOTE ADVANCE VOTE (SECTION 43) Advance votes are set by Council by by-law as per Advance Vote By-law. This by-law must be passed by Council at least 30 days before voting day, setting dates and times Saturday, October 11, The Clerk shall provide as many voting places as he/she considers necessary. These locations should be established early. Information as to their location must be on Notice of Election Information required to be provided by the Clerk. All electronic devices SHALL be turned off upon entering the voting place and their use is prohibited while in the voting place. An Advance Voting tabulator will be utilized for the Advance Vote. Advance vote results will be tabulated on Voting Day and the Advance Vote tabulator and associated memory card will remain sealed until that date. As soon as possible after the close of the advance vote, the advance vote DRO s must deliver a list of the names of all the persons who voted at the advance vote to the Clerk, showing the voting subdivision for each elector as per List of Persons Who Voted at an Advance Vote. The Clerk shall, if requested by any candidate or their scrutineer, provide a copy of this list to the candidate during normal office hours. The Clerk shall ensure Voting Day lists are updated to reflect voting that took place at an advance vote. The Clerk shall, on the day the advance vote is to be held, receive from the DRO after the close of the vote, the ballot box and other materials and documents for safekeeping. Arrangements for this delivery and subsequent pick-ups must be made. The Clerk or designate must be available at the Clerk s office and any other designated place, on October 11, 2014 from noon until 5:00p.m. for the purpose of certifying proxies. Section 45 of the Act, except Subsection (7), regarding Voting Day, applies with necessary modifications. 17

20 PROCEDURES AT THE VOTING PLACE The voting place is to be open from 10:00 a.m. to 8:00 p.m. Voting Day will be Monday, October 27, The DRO and other election officials should arrive early enough to set up the voting place (at least one-half hour prior to opening). Ensure that all DROs have taken the oath and been appointed as per the Appointment and Preliminary Oath or Affirmation for Election Officials. All complaints regarding any and/or all breaches of secrecy shall be documented by the Election Official as well as questions and answers of the complainant and, if deemed appropriate, the Clerk shall submit same to the Police for further investigation and prosecution. The DRO should take the following to the voting station: Election materials issued by the Clerk Voting screens Handbook Food and beverages Only election officials, qualified candidates and scrutineers may remain in the voting place throughout the day. One scrutineer appointed for each certified candidate for each ballot box in use at the voting place may be present only the candidate or his/her scrutineer may be present, but not both. Scrutineers must present their certificate of appointment to the DRO. It is the responsibility of the DRO to ensure the smooth operation of the voting station. If in the DRO s opinion, individuals present at the voting station are interfering with this process, then the DRO should report the problem to the Clerk. SETTING UP THE VOTING STATION Ensure it is accessible Place the voter privacy screens in a location that ensures privacy Set up tables and chairs Post the Statutory Provisions Regulating Voting Procedures Post the Voting Instructions and the Notice of Offence Corrupt Practice in the voting station and in the voting booth You may also have signs directing electors to the exact location of the voting station, post these where required throughout the voting place. 18

21 EXAMINING THE BALLOTS Candidates or scrutineers who are present have the opportunity to inspect the ballots and all other materials related to the voting station. This must be done during the fifteen minute period prior to the opening of the voting station, provided this does not interfere with the opening of the voting place. SETTING UP THE BALLOT BOX Immediately before opening the voting place, the DRO must show the ballot box to anyone present in the voting station to demonstrate that it is empty and then seal it in such a way that it cannot be opened without breaking the seal. (Section 47 (5) (b)) The Clerk will instruct you as to how the ballot box should be sealed. It should then be placed on a table in full view and not opened until the time for counting the votes. OPENING OF THE VOTING PLACE At exactly 10:00 a.m. the doors to the voting place should be opened. At this time you should be ready to receive electors. All electronic devices SHALL be turned off upon entering the voting place and their use is prohibited while in the voting place. WHO IS ENTITLED TO VOTE Any elector whose name appears on the list of electors or who can produce a completed Application to Amend Voters List authorizing his/her name to be added to the list is entitled to vote. Each elector is entitled to only one ballot. If an elector s name inadvertently appears more than once on a voting list, the elector shall not vote more than once and shall vote at the poll where he/she resides. It is possible for an elector s name to appear on the voting list of more than one municipality. That elector may be eligible to vote in both municipalities. For example, a person listed as a resident elector in one municipality and a non-resident elector in another municipality is entitled to vote in each, provided they are not voting for the same office more than once. Votes for School Board Trustees must be cast in the municipality where the elector resides. 19

22 AMENDMENT OF VOTERS LIST Given the changes with respect to revisions to the Voters List, consideration will be given to setting up a separate desk/table in each voting place to process these requests. This authority must be delegated, in writing, by the Clerk. When an elector arrives to vote with an Application to Amend Voters List, the DRO should ensure the form is signed by the Clerk or designate. The elector s name and address should then be added to the Poll Clerk s copy of the Voters List. The form is then placed in the envelope provided and a ballot is issued. If a person arrives to vote and is not on the voting list and has not obtained an Application to Amend Voters List, he/she must complete the declaration on the Application to Amend Voters List. The DRO shall request proof of identification as prescribed in O. Reg 304/13. That person s name and address must then be added to the Voters List maintained by the Poll Clerk and a ballot must be issued. In order for the revisions to be processed at the voting station, the authority to do so must specifically be delegated to an election official. ELECTORS REQUIRING ASSISTANCE (SECTION 52(1)4) The Election Official may permit an elector who needs assistance in voting to have such assistance as the Election Official considers necessary. Oral Oath to Vote with Assistance A voter who requires such assistance to vote may ask the Election Official for assistance. The Election Official shall require the voter making the request to take the Oral Oath to Vote With Assistance on the Oral Oaths At Voting Place and then vote as directed by the voter. Any other person present must withdraw until the voter finishes instructing the Election Official. Upon completion, the Election Official shall place the ballot in the ballot box. Oral Oath of Friend of Elector In lieu of the Election Official voting for a voter, the voter may request that a friend accompany the voter into the voting booth an vote for the voter. Any friend who is permitted to vote shall be required to take the Oral Oath of Friend of Elector on the Oral Oaths At Voting Place form. No person shall be allowed to act as a friend of more than one voter at a Voting Place, except a voting place established under Section 45(7). Oral Oath of Interpreter Where the Election Official does not understand the language of a voter, an interpreter, provided by the voter, shall take the Oral Oath of Interpreter on the Oral Oath At Voting Place form, and shall translate the oaths as well as any lawful questions put to the voter. 20

23 PROXY VOTING An eligible elector may appoint another eligible elector to vote on his/her behalf. This person is referred to as the voting proxy. If an elector presents himself/herself to vote on behalf of another individual and has an Appointment of Voting Proxy, the DRO shall request proof of identification as prescribed in O. Reg. 304/13 and must give the oral oath on the Appointment of Voting Proxy, cross the name of the eligible elector off the Voters List and give the proxy voter the ballot. The DRO must file the proxy form in the envelope provided. FORFEITED BALLOTS If an elector receives a ballot from the DRO and leaves the voting place with the ballot, the elector then forfeits his/her right to vote. The DRO should then mark forfeited vote on the Voters List next to the name of the elector. THE RECORD SHOWS AN ELECTOR HAS ALREADY VOTED Provision is made to allow a person to vote if it appears that someone else has already voted in his/her name or that the Voters List has been marked opposite that person s name in error. The person must be willing to take the prescribed Oath of qualification and provide proof of identity and residence as prescribed in O. Reg. 304/13. His/her name and address is then entered again on the Poll Clerk s list. REQUIREMENT TO PROVIDE PROOF OF IDENTITY All eligible electors will be required to provide proof of identity and residence in order to obtain a ballot at the location. The type of identification is prescribed in O. Reg. 304/13 and includes but is not limited to an Ontario Driver s Licence and an Ontario Health Card. An elector on the Voters List without identification may make a statutory declaration Oath of Qualification. CHALLENGING ELIGIBILITY If a candidate or scrutineer challenges the right of a person to vote, the DRO or Poll Clerk must write opposite that person s name on the voters List maintained by the Poll Clerk objected to by (the name of the candidate) or objected to by (name of scrutineer) on behalf of (name of candidate). The DRO may also challenge an individual on his/her own initiative if he/she has reason to believe the person is not entitled to vote in that voting place. In either case, the challenged individual must then take the Oath of Qualification. 21

24 If he/she refuses, a ballot must be refused and the words refused to affirm or refused to be sworn must be entered opposite that person s name on the Voters List maintained by the Poll Clerk. TABULATORS PROGRAMMING OF THE VOTE TABULATOR The vote tabulator shall be programmed so that there is a printed record of the number of votes cast for each candidate as per the instructions in the Operators Manual. The vote tabulator shall be programmed so that ballots that are damaged or defective or have been marked in such a way that they cannot be properly processed by a vote tabulator are returned by the machine to the Technical Deputy Returning Officer/designate. TESTING THE VOTE TABULATORS Before voting day the Clerk shall test the vote tabulators to ensure that they will accurately count the votes cast for all candidates. When testing the vote tabulators, 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 for all the other applications or programs and that no remote devices are capable of gaining access to the vote tabulator. The Clerk shall, at the successful completion of the test, seal the memory card to the vote tabulator. 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. Voting Procedures PROCEDURES ON ELECTION DAY 1) The Clerk may designate other Election Officials, in addition to the DRO, to initial a Ballot before the Ballot is provided to the Voter and act in the capacity of the TDRO when required. 2) The DRO shall provide each Voter with an initialled Ballot, Secrecy Folder and Ballot Marking Pen and instruct the Voter with respect to the voting process. 3) Upon receiving the Ballot and Secrecy Folder, the Voter will: a) Proceed to the designated Voting Area; 22

25 b) Using the Ballot Marking Pen provided, vote by completely filling in the Defined Area (oval, circle, or other enclosed geometric shape) to the right of the Candidate(s) name they intend to vote for and completely fill in the Defined Area to the right of the Yes or No response to any questions on the Ballot; c) Insert the Ballot into the Secrecy Folder allowing for only the DRO s initials to be visible; d) Leave the Voting Area without delay; e) Deliver the Secrecy Folder containing the Ballot to the TDRO at the Vote Tabulator Station; and f) Deposit the Ballot Marking Pen in the tray provided at the Vote Tabulator Station. 4) The TDRO will ask the Voter to remain at the Vote Tabulator Station until the Vote Tabulator processes the Ballot. In the presence of the Voter and without removing the Ballot from the Secrecy Folder, the TDRO will verify the initials of the DRO on the Ballot, and: a) Insert the Secrecy Folder containing the Ballot with the initials of the DRO face down into the feed area of the Voter Tabulator in full view of the Voter; or, b) If a Vote Tabulator is not available in the Voting Place, insert the Ballot with the initials of the DRO face down directly into the Ballot Box from the Secrecy Folder in full view of the Voter. 5) If a Vote Tabulator fails to function properly, the TDRO will: a) Insert all marked Ballots into the back-up compartment of the Ballot Box in full view of the Voter; and, b) Remove and insert the Ballots from the back-up compartment into the feed area of the Vote Tabulator once the Vote Tabulator becomes operational or is replaced. Detection and Correction of Voting Errors Blank Ballot If the Vote Tabulator detects a blank Ballot, the TDRO will explain to the Voter that no marks were detected on the Ballot, and: a) Ask the Voter if they would like the Ballot returned and advise the Voter that once the Ballot is accepted by the Vote Tabulator the Voter will not receive a new Ballot; b) If the Ballot is returned to the Voter, instruct the Voter concerning the Ballot marking process and allow the Voter to return to the Voting Area to mark the Ballot correctly; c) If the Voter indicates that he or she would like to cast a blank ballot, allow the Vote Tabulator to accept the Ballot. Ambiguous Mark If the Vote Tabulator detects an ambiguous mark, it will automatically return the Ballot. The TDRO will explain to the Voter that the Ballot was not counted because an ambiguous mark was detected and the Voter s intent cannot be determined. The TDRO will ask the Voter to 23

26 review the Ballot to ensure it is clearly marked in the Defined Area (oval, circle or other enclosed geometric shape) provided and allow the Voter to return to the Voting Area to mark the Ballot correctly. The TDRO shall instruct the Voter concerning the Ballot marking process. There are two possible types of ambiguous marks. a) The Voter has made a mark that is too light or too small which needs to be darkened in order to be clearly counted as a vote; b) The Voter has inadvertently made a small mark in an oval or similar area where they had not intended to, in which case they must return the Ballot to the DRO and obtain a new Ballot in order to ensure all ovals or similar areas are blank except for the ones they have clearly marked as votes. In this case, the Ballot shall be returned to the DRO who shall mark the Ballot cancelled, place the Ballot in the cancelled Ballot envelope, deliver another Ballot to the Voter, and instruct the Voter how to properly mark the Ballot. Overvote If the Tabulator detects more votes for an office or question than is allowed, the TDRO will explain to the Voter the Ballot has not yet been counted because the Voter has filled in too many choices. It may be that the Voter has inadvertently made a mark where the Vote Tabulator can read it. The TDRO or Election Official will: a) Offer the Voter the choice of having the Ballot returned or accepted by the Vote Tabulator (in which case only the correctly marked offices will be tabulated) and explain that once the Ballot is accepted, the Voter cannot receive a new Ballot; b) If the Voter requests the Ballot be returned, place the returned Ballot back into the secrecy sleeve. The Ballot shall be returned to the DRO who shall mark the Ballot cancelled, place the Ballot in the cancelled Ballot envelope, deliver another Ballot to the Voter, and instruct the Voter how to properly mark the Ballot; c) If overvoting is the Voter s intention, the TDRO will allow the Vote Tabulator to accept the Ballot. The Vote Tabulator will not record the votes with respect to Candidates and questions for which the Voter has overvoted, but will accept votes for Candidates and questions where there is no overvote. Defective Ballot If the Vote Tabulator detects a defective Ballot it will automatically return the Ballot. The TDRO will explain to the Voter that the Ballot was not counted and needs to be reinserted. If the Ballot is not accepted on the second try, the Ballot will be returned to the DRO who shall mark the Ballot defective, place the Ballot in the defective Ballot envelope and deliver another Ballot to the Voter. Voter Has Left the Vote Tabulator Station Where the Vote Tabulator has returned a Ballot for any reason and the Voter has left the Vote Tabulator Station, the TDRO will permit the Vote Tabulator to accept the Ballot and 24

27 votes on the Ballot shall be counted to the full extent possible given the nature of votes that exist on the Ballot. Close of Voting Procedures If a Vote Tabulator has been used to tabulate the votes cast in a Voting Place, the VPS and TDRO will, after the close of the voting, check the back-up compartment of the Ballot Box to ensure all Ballots have been tabulated, then immediately: a) Secure the Vote Tabulator against receiving any more Ballots; b) Cause the Vote Tabulator to print two Report Tapes indicating the total votes for each Candidate and any questions on the Ballot; c) Sign the Report Tapes along with any Candidates or Scrutineers who are present and wish to initial the Report Tape. The VPS will then attach one signed Report Tape to the signed Report Tape generated prior to the opening of the Voting Place. The Report Tape generated at the close of voting is used by the VPS to reconcile all Ballots using the Voting Place Ballot Statement. Once the Voting Place Ballot Statement is completed, both the statement and the Report Tapes are placed in the Election Results Envelope to be delivered to the Clerk. The second copy of the signed Report Tape generated after the close of voting is to be placed in the Ballot Box. The TDRO will then package and transport the Vote Tabulator to the municipal office to upload the results into the Election Reporting System. Each DRO in the Voting Place will: a) Complete the DRO Ballot Statement, in duplicate, indicating the number of: I. Ballots received from the Clerk; II. Unused Ballots; III. Declined Ballots IV. Cancelled Ballots; V. Defective Ballots; VI. Ballots taken from the Voting Place, and; VII. Ballots processed by the Vote Tabulator. b) Provide the VPS with the original copy of the completed DRO Ballot Statement; c) Provide the VPS with the DRO Ballot Envelope containing a duplicate copy of the completed DRO Ballot Statement to be placed in the Ballot Box along with other specified election materials and documents, including separate sealed envelopes containing all: I. Unused Ballots; II. Declined Ballots; III. Cancelled Ballots; IV. Defective Ballots. d) Place the remaining specified election documents and supplies in the container provided for that purpose. 25