CITY OF KIMBERLEY GENERAL ELECTION AND OTHER VOTING BYLAW BYLAW NO. 2499, 2014

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1 BYLAW NO. 2499, 2014 A Bylaw of the City of Kimberley to provide for the determination of various procedures for the conduct of local government elections and other voting. WHEREAS, under the Local Government Act, Council may, by bylaw, determine various procedures and requirements to be applied to the conduct of local government elections and other voting; AND WHEREAS, Council wishes to establish voting procedures and requirements under that authority. NOW THEREFORE, the Council of the City of Kimberley in open meeting assembled, ENACTS AS FOLLOWS: PART I INTERPRETATION 1. Citation/Title 2. Definitions This Bylaw may be cited as the "City of Kimberley General Election and Other Voting Bylaw No. 2499, 2014". In this Bylaw: acceptable mark means a completed oval made by an elector in the space provided on the ballot opposite the name of any candidate or opposite either yes or no on any other voting question that the vote counting unit is able to identify; automated vote counting system means a system comprising vote counting units and ballot boxes that counts and records votes and processes and stores election results; ballot means a single ballot card designed for use in an automated vote counting system, which shows: the names of all of the candidates for each of the offices of mayor, councilor and school trustee, whichever is applicable; and choices on other matters on which the opinion or assent of the electors is sought; ballot return override procedure means the use, by an election official, of a device on a vote counting unit that causes the unit to accept a returned ballot;

2 Page 2 (d) (e) (f) City means the City of Kimberley. election headquarters means Kimberley City Hall, 340 Spokane Street, Kimberley, BC.; general voting day means: for a general election, the date for Local Government Elections set under the Local Government Act; and for other voting, the date for other voting set in accordance with the Local Government Act; (g) memory card means that part of the vote counting machine that comprises a computer software device: into which is pre-programmed the names of all the candidates for each of the offices to be filled and, if applicable, the choices on other matters on which the opinion or assent of the electors is sought; and which records and retains information on the number of acceptable marks made for each candidate and, if applicable for each other matter on the ballot; (h) (j) (k) (l) (m) (n) other voting means voting on a matter referred to in section 158 of the Local Government Act; portable ballot box means a storage ballot box for use during a special voting opportunity; storage ballot box means a ballot box, for use in the election, where a vote counting unit is not being used at the time of voting; results tape means the printed record generated from a vote counting unit at the close of voting on general voting day, which shows the number of votes for each candidate for each of the offices to be filled, and the number of votes for and against each other matter on which the assent of the electors is sought; returned ballot means a voted ballot which was inserted into the vote counting unit, but which was not accepted and which was returned to the elector with an explanation of the ballot marking error which caused the ballot not to be accepted; secrecy sleeve means an open-ended folder or envelope used to cover ballots to conceal the choices made by an elector; vote counting unit means an automated voting machine: into which voted ballots are inserted and scanned; that records the number of votes for each candidate and for and against each question; and

3 Page 3 that deposits voted ballots into a ballot box; (o) voted ballot means a ballot on which an elector has made acceptable marks. PART II Regulations and Procedures 3. Minimum Number Of Nominators In relation to a nomination of candidates for office as a member of the City of Kimberley, in accordance with section 71 of the Local Government Act, the minimum number of qualified nominators is set at ten (10). 4. Provincial Voters List In accordance with section 59 of the Local Government Act, the most current available Provincial list of voters prepared under the Election Act, shall become the register of resident electors no later than 52 days before the general voting day. 5. Advance Voting Opportunities In accordance with section 97 of the Local Government Act, two advance voting opportunities for an election by voting will be held from 8:00 a.m. to 8:00 p.m. at locations to be established by the Chief Election Officer on: the 10 th day before the general voting day; and the 3 rd day before general voting day; except in the event that either day stipulated i n o r above is a statutory holiday, in which case the advance voting opportunity will be held on the weekday following the statutory holiday. The Chief Election Officer is authorized to appoint a presiding election official who shall proceed in accordance with all other procedures established under this Bylaw so far as they may be applicable, except that the voted ballots from the advance voting opportunities shall be deposited into a portable ballot box supplied by the Chief Election Officer. 6. Special Voting Opportunity In accordance with section 99 of the Local Government Act, in order to give electors who may otherwise be unable to vote an opportunity to do so, the Chief Election Officer is authorized to: establish dates and times when and locations where one or more special voting opportunities may be conducted; and appoint a presiding election official who shall proceed in accordance with all other procedures established under this Bylaw so far as they may be applicable, except that the voted ballots from the special voting opportunity shall be deposited into a portable ballot box supplied by the Chief Election Officer.

4 Page 4 The only persons permitted to vote at a special voting opportunity are electors who reside or who are admitted as patients to: community care, continuing care, housing based health or similar facilities that provide health care, rehabilitative or therapeutic treatment or services; or public or private hospitals. The number of candidate representatives who may be present at a special voting opportunity is limited to one (1). 7. Mail Ballot Voting In accordance with and subject to section 100 of the Local Government Act, voting may be done by mail ballot and elector registration may be done in conjunction with this voting. An elector who wishes to vote by mail ballot shall request a mail order ballot from the Chief Election Officer; Upon receipt of a request for a mail ballot, the Chief Election Officer shall: make available to the applicant, as soon as practical, a mail ballot package that includes a statement advising that in order to vote by mail ballot, the applicant must meet the requirements to register as an elector under the Local Government Act and attest to the fact that the applicant either: (1) has a physical disability, illness or injury that affects their ability to vote at another voting opportunity; or (2) expects to be absent from the City on general voting day and at the times of all advance voting opportunities; immediately record and, upon request, make available for inspection: (1) the name and residential address of the person to whom the mail ballot package was issued; (2) if the person is a non-resident property elector, the address of the real property in relation to which the person is voting; and (3) information as to whether the person is registered as an elector or must apply to be registered as an elector. (d) (e) All mail ballot package shall be sent by Canada Post regular prepaid letter mail, unless an elector requesting the mail ballot package makes arrangements for hand delivery and pick-up or for expedited courier service, at the expense of the elector. The Chief Election Officer must keep sufficient records with respect to mail ballots so that challenges of an elector s right to vote may be made in accordance with the intent of section 116 of the Local Government Act.

5 Page 5 (f) (g) (h) The Chief Election Officer is authorized to establish time limits in relation to voting by mail ballot except that, in accordance with section 100(90 of the Local Government Act, a mail ballot must be received by the Chief Election Officer before the close of voting on general voting day in order to be counted for an election. In order to vote using a mail ballot, the elector must mark the ballot in accordance with the instructions contained in the mail ballot package provided by the Chief Election Officer. After marking the mail ballot, the elector must: (iv) place the mail ballot in the secrecy envelope provided, and seal the secrecy envelope; place the secrecy envelope in the certification envelope, and complete and sign the certification printed on such envelope, and then seal the certification envelope; place the certification envelope, together with a completed elector registration application, if required, in the outer envelope, and then seal the outer envelope; mail, or have delivered, the outer envelope and its contents to the Chief Election Officer at election headquarters so that it is received no later than the close of voting on General Voting Day. (j) Where an elector unintentionally spoils a mail ballot before returning it to the Chief Election Officer, the elector may request a replacement ballot by advising the Chief Election Officer of the ballot being spoiled and by mailing or otherwise delivering the spoiled ballot package in its entirety to the Chief Election Officer. The Chief Election Officer shall, upon receipt of such a spoiled ballot package, record such fact and provide the elector with another mail ballot package. Upon receipt of each mail ballot envelope and its contents, the Chief Election Officer must: immediately record the date of such receipt; and open the outer envelope and remove and examine the certification envelope and the completed elector registration application, if applicable, and if satisfied as to: (1) the identity and entitlement to vote of the elector whose mail ballot is enclosed; and (2) the completeness of the certification; and the fulfilment of the Local Government Act requirements in the case of a person who is registering as a new elector the Chief Election Officer must mark the certification envelope as "accepted", and must retain all such certification envelopes in secure custody to deal with any challenges to a vote by mail ballot.

6 Page 6 (k) If: upon receipt of an outer envelope, the Chief Election Officer is not satisfied as to the identity of the elector whose mail ballot is enclosed; or in the case of a person required to complete an application for registration as an elector, such application has not been completed in accordance with the Local Government Act; or the outer envelope is received by the Chief Election Officer after the close of voting on general voting day the certification envelope must remain unopened, and the Chief Election Officer must mark such envelope as "rejected", and must note his or her reasons for doing so, and the mail ballot contained in such envelope must not be counted in the election. (l) Any mail ballot certification envelopes that are rejected in accordance with this Bylaw must remain unopened and are subject to the provisions of the Local Government Act with respect to their destruction. 8. Use Of Voting Machines Council hereby provides for the use of an automated vote counting system for the conduct of elections and other voting. 9. Automated Voting Procedures As soon as an elector enters a voting place and before a ballot is issued, the presiding election official shall offer to provide a demonstration of how to vote using a vote counting unit and, if requested, shall ensure that such a demonstration is provided to the elector. Following a voting demonstration, if any, the elector shall proceed as instructed, to the election official responsible for issuing ballots and, in accordance with the requirements of the Local Government Act, that election official shall: ensure that the elector is qualified to vote in the election; and complete the appropriate voting book; and provide a ballot to the elector and, if requested by the elector, a secrecy sleeve. (d) Upon receiving a ballot, the elector shall immediately proceed to a voting compartment to vote. The elector may vote only by making an acceptable mark on the ballot: beside the name of each candidate of choice, up to the maximum number of candidates to be elected for each of the offices to be filled; and if applicable, beside either yes or no in response to any choices on other matters on which the opinion or assent of the electors is sought.

7 Page 7 (e) (f) (g) After the elector has finished marking the ballot, the elector shall either place the ballot into the secrecy sleeve, if one has been requested, or turn the ballot upside down and proceed to a vote counting unit and, under the supervision of the election official in attendance, insert the ballot directly from the secrecy sleeve, if applicable, into the vote counting unit so that no acceptable marks on the ballot are exposed. If, before inserting the ballot into the vote counting unit, an elector determines that a mistake has been made when marking the ballot, or if the ballot is returned by the vote counting unit, the elector may return to the voting compartment to correct the ballot or request a replacement ballot by informing the election official in attendance. Upon being informed of the replacement ballot request, the presiding election official shall: issue a replacement ballot to the elector and mark the returned ballot spoiled ; retain all such spoiled ballots separately from all other ballots; ensure that such spoiled ballots are not counted in the election or other voting. (h) (j) (k) If an elector declines the opportunity to obtain a replacement ballot and has not damaged the ballot to the extent that it cannot be reinserted into the vote counting unit, the election official shall, using the ballot return override procedure, reinsert the returned ballot into the vote counting unit so that any acceptable marks on the ballot are counted. Any ballot accepted by the vote counting unit is valid and any acceptable marks contained on such ballots will be counted in the election, subject to any determination made under a judicial recount. After the ballot has been inserted into the vote counting unit and the unit indicates that the ballot has been accepted, the elector shall immediately leave the voting place. The election official supervising a vote counting unit shall insert all ballots delivered by the electors during any period that the vote counting unit is not functioning into the ballot storage box, on the understanding that when the vote counting unit: becomes operational; or is replaced with another vote counting unit the ballots in the ballot storage box shall, as soon as practicable, be removed by an election official and, under the supervision of the presiding election official, be inserted into the vote counting unit to be counted. If any ballot is returned by the vote counting unit then the election official, using the ballot return override procedure, shall reinsert the returned ballot into the vote counting unit so that any acceptable marks are counted.

8 Page Procedures - Special Opportunity Voting Voting procedures at special voting opportunities shall follow, as closely as practicable, the automated voting procedures described in s ection 9 of this Bylaw except that vote counting units shall not be used and the voted ballots shall be deposited into a portable ballot box. The presiding election official at a special voting opportunity shall ensure that the portable ballot box is secured when not in use. At the close of voting at each special voting opportunity, the presiding election official shall: (iv) (v) separate and account for all unused and spoiled ballots; seal the portable ballot box so that no additional ballots may be inserted; complete the ballot account and place the duplicate copy in the election materials transfer box; place the voting books, list of electors, the original copy of the ballot account, one copy of the results tape, completed registration cards, keys and all completed forms into an envelope for the Chief Election Officer; and deliver the portable ballot box, an envelope for the Chief Election Officer and all other materials used in the special voting opportunity to the Chief Election Officer at election headquarters. 11. Procedures After Close of Voting On General Voting Day Mail Ballot At the close of voting on general voting day, the Chief Election Officer shall, in the presence of at least one other person, and any scrutineers present, place all mail ballot secrecy envelopes received up to the close of voting into a portable ballot box designated for such purpose subject to: the secrecy envelopes being received from persons whose right to vote using a mail ballot has not been challenged; or a challenge has been resolved and the challenged person has been permitted to vote. As soon as practicable, after all of the mail ballot secrecy envelopes have been placed in the portable ballot box designated for that purpose, the election official ballot box must be opened under the supervision of the Chief Election Officer and, in the presence of at least one other person and any scrutineers present, the secrecy envelopes must be opened and the mail ballots contained in such envelopes must be inserted into a vote counting unit designated to receive mail ballots so that any acceptable marks are counted.

9 Page 9 If any mail ballot is returned by the vote counting unit, then the election official, using the ballot return override procedure, shall reinsert the returned ballot into the vote counting unit so that any acceptable marks are counted. 12. Procedures After Close of Voting - Automated Voting After the close of voting on general voting day and after the close of an advance election opportunity, each presiding election official, shall undertake all of the following, generally in the order stipulated: (iv) (v) (vi) (vii) (viii) (ix) ensure that any remaining ballots in the ballot storage boxes are inserted into the vote counting unit; secure the vote counting unit so that no additional ballots can be inserted into it; generate three copies of the results tape from the vote counting unit; where the voting place is not the election headquarters, immediately communicate the contents of the results tape by telephone to the Chief Election Officer at election headquarters; separate, package and account for all unused, spoiled and voted ballots and place them, the memory card from the vote counting unit and one copy of the results tape into the election materials transfer box; complete the ballot account and place the duplicate copy in the election materials transfer box; seal the election materials transfer box; place the voting books, list of electors, the original copy of the ballot account, one copy of the results tape, completed registration cards, keys and all completed forms into an envelope for the Chief Election Officer; and deliver the ballot box, vote counting unit, election materials box and envelope for the Chief Election Officer, to the Chief Election Officer at election headquarters. After the close of voting on general voting day, all portable ballot boxes shall be opened under the direction of the Chief Election Officer and all ballots shall be removed and inserted into a vote counting unit to be counted after which the provisions of subsections 12 to (viii) of this Bylaw shall apply as far as practicable. 13. Election Results After the requirements of s ection 12 are met, the Chief Election Officer shall, obtain the election results by directing an election official to place the results from the results tapes in a spreadsheet, which may be displayed in the place designated by the Chief Election Officer for election result announcements.

10 Page Recount Procedure Automated Voting If a recount is requested by a candidate after the preliminary election results are announced, it shall be conducted under the direction of the Chief Election Officer using the automated vote counting system and generally in accordance with the following procedure: (iv) (v) (vi) the memory cards of all vote counting units at the close of voting on general voting day shall be stored, along with other election documents; additional memory cards shall be programmed for the purpose of the recount; a vote counting unit shall be designated for each voting place, if applicable; all voted ballots shall be removed from the sealed election materials boxes, except spoiled ballots, and reinserted in the appropriate vote counting unit under the supervision of the Chief Election Officer; any ballots returned by the vote counting unit during the recount process shall, through the use of the ballot return override procedure, be reinserted in the vote counting unit to ensure that any acceptable marks are counted; and to obtain election results, the Chief or deputy Chief Election Officer shall place the results from the memory cards of each voting place on spreadsheet(s) so as to tally the total election results. 15. Resolution Of Tie Vote After Judicial Recount In the event of a tie vote after a judicial recount, the tie vote will be resolved by conducting a lot in accordance with section 141 of the Local Government Act rather than by election under section Access To Nomination Documents In addition to the public inspection requirements under section 73 of the Local Government Act, nomination documents, shall be posted to the City s website on the internet as soon as practicable from the time of delivery until 30 days after the declaration of election results. 17. Severability If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion shall be severed and the remainder of the Bylaw deemed valid.

11 Page Repeal Bylaw No Register of Resident Electors Bylaw, 1993 ; Bylaw No. 2344, Required Advance Voting Opportunities Bylaw, 2008 ; Bylaw No. 2245, Special Voting Opportunities Bylaw, 2008 ; and Bylaw No. 2346, Mail-in Voting Procedure Bylaw, 2008, and any other amendments thereto are hereby repealed. Read a First, Second, and Third time on the 23 rd day of June, Reviewed by the Ministry of Community, Sport and Cultural Development on the 4 th day of July, Adopted on the 21 st day of July, R. McRAE MAYOR K. HARMS CORPORATE OFFICER