TO: Chair and Members REPORT NO. CS Committee of the Whole Operations & Administration

TO: Chair and Members REPORT NO. CS2014-008 Committee of the Whole Operations & Administration FROM: Lori Wolfe, City Clerk, Director of Clerk s Services DATE: 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [X] 2.0 TOPIC 2014 Municipal Election Advanced Voting Online Option 3.0 RECOMMENDATION A. THAT City Council APPROVE the addition of on-line internet voting during the Advanced Voting period for the 2014 Municipal Election, to enhance voting opportunities for electors; and B. THAT the Clerk BE DIRECTED to prepare the necessary By-law required under Section 42(1)(b) of the Municipal Elections Act, 1996, S.O. 1996 Chapter 32 to authorize on-line voting as an alternative voting method during the Advanced Voting period for the 2014 Municipal Election; and C. THAT the Mayor and Clerk BE AUTHORIZED to execute an amendment to the 2009 Agreement with Dominion Voting Systems regarding the use of electronic voting equipment for both the 2010 and 2014 Municipal Elections to include the provision of services for on-line voting during the Advanced Voting period for the 2014 Municipal Election. 4.0 PURPOSE The purpose of this report is to seek Council s approval to augment existing voting opportunities available to electors during the 2014 Municipal Election to include on-line internet voting during the Advanced Voting period. 5.0 BACKGROUND Section 42 of the Municipal Elections Act, 1996, S.O. 1996 Chapter 32 currently provides as follows: By-laws re voting and vote-counting equipment, alternative voting methods 42. (1) The council of a local municipality may pass by-laws,

2014 Municipal Election Advance Voting Online Option (CS2014-008) Page 2 (a) (b) authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators; authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend at a voting place in order to vote. Application of by-law (2) A by-law passed under subsection (1) or under a predecessor of it, (a) (b) applies to a regular election if the by-law is passed on or before June 1 in the year of the election; and applies to a by-election if the by-law is passed more than 60 days before voting day. Procedures and forms (3) The clerk shall, (a) (b) establish procedures and forms for the use of, (i) any voting and vote-counting equipment authorized by by-law, and (ii) any alternative voting method authorized by by-law; and provide a copy of the procedures and forms to each candidate. Same (4) The following rules apply with respect to the clerk s duties under subsection (3): 1. The clerk shall comply with subsection (3), i. in the case of a regular election, on or before June 1, and ii. in the case of a by-election, at least 60 days before the first day on which an elector can vote. 2. The procedures and forms, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. 3. Without limiting the generality of clause (3) (a), procedures for the use of vote-counting equipment may provide that, i. at the time when and in the place where the votes are being counted, there shall be no more than one scrutineer for each certified candidate for each piece of vote-counting equipment, and ii. at a recount, the persons referred to in subsection 61 (5) are not entitled to examine each ballot as the votes are being counted by the clerk. Effect of by-law on advance votes and voting proxies (5) When a by-law authorizing the use of an alternative voting method is in effect, sections 43 (advance votes) and 44 (voting proxies) apply only if the by-law so specifies; if the by-law specifies that section 44 applies, it may also establish additional criteria that a person must meet to be entitled to vote by proxy.

2014 Municipal Election Advance Voting Online Option (CS2014-008) Page 3 As permitted under Section 42(1) of the Act, the City of Brantford has utilized voting and vote-counting equipment for a number of Municipal Elections. In 2009, the City entered into an agreement with Dominion Voting Systems for the supply of poll level vote tabulating equipment and related professional services for the City s 2010 and 2014 Municipal Election, the benefits of which included the following: an enhanced voting system for electors with disabilities; improved timing of election results; an internet-based graphical results report for posting on the City s Election webpage for all to access on Election night. The City is already under Agreement with Dominion Voting Systems for the provision of poll level vote tabulating equipment for the 2014 Municipal Election. Services they provide also include professional services such as project management, training, Election Day support (on-site) and support on Advance Voting Days. The purpose of this report is to simply augment the services that Dominion Voting Systems provides to the City of Brantford to include an on-line internet voting option during the 2014 Advance Voting period, over and above the opportunities for electors to attend polls during Advance Voting and on Election Day. Given the technological advances in the last four years, on-line voting would provide convenience for voters and accessibility for those who may not be able to attend a voting location during the Advanced Voting period. Eligible electors would be able to cast their vote over the internet using a variety of standard browsers. Currently, the City uses an internet-based software product (Municipal VoterView) which allows electors to check the Voters List to ensure that they are registered to vote, as well as where to vote on Election Day. This internet-based software is populated with existing voter information from the Municipal Property Assessment Corporation (MPAC). Staff use the internet-based software to manage elector information (i.e. add, delete or change voter information, identification of duplicate names and anomalies, elector list data applicable to Ward constituencies for candidates, etc.). Online voting during the Advanced Voting period would introduce another technological advancement into the Election program in an incremental manner on a controlled timetable so as to be assessed for use in future elections. Alternative voting methods are continuing to grow as complementary options to the traditional paper ballot method. More municipalities are implementing a variation of Internet voting in combination with the traditional method to enhance voter experience and accessibility. On-line voting has been successfully used by other municipalities including Peterborough, Burlington, Belleville, Markham, Stratford, and others such as Guelph planning to proceed with on-line voting in 2014. Voter turnout in Brantford has historically been in the upper percentile of municipal averages, with a 3-election average of 42.5% from 2003 to 2010. Alternative voting

2014 Municipal Election Advance Voting Online Option (CS2014-008) Page 4 methods do not always result in increased voter turnout however, some methods, such as Internet voting, can result in greater accessibility/convenience and a new way to engage or re-engage the electorate. Markham reported a significant increase in on-line voting at the subsequent election. Staff advise that specific attention will be given to public engagement during the election in order to ensure voters are aware of the on-online option and are encouraged to participate in the Advanced Voting Period. The Election Team will work with an Intern from Wilfrid Laurier University on the public engagement and are confident that the on-line voting option will be well received by the public. The City Clerk will provide Members of Council with progress memorandums as the preparations for the 2014 elections advance. Additionally, the Clerk and staff will finalize the 2014 Election Procedures Manual and applicable By-laws to meet the requirements under the Municipal Elections Act, 1996 as amended. 6.0 CORPORATE POLICY CONTEXT The report was reviewed within the context of the City s Strategic Plan Goal # 4 Excellence in Governance and Municipal Management for Brantford to be recognized as a fiscally responsible and well-managed City that provides efficient and effective government services. The inclusion of on-line voting for the Advanced Voting period enhances open and accessible government. 7.0 INPUT FROM OTHER SOURCES Input has been sought from staff involved in the 2014 Municipal Election, other Municipal Clerks, and the AMCTO Election Working Group. Input has also been provided by staff at Dominion Voting Systems who are contracted with the City for voting equipment and support in 2014. Staff from the IT Division was consulted with regard to security matters relating to on-line voting. IT Staff work closely with the Election Team on numerous aspects of the election from start to finish. 8.0 ANALYSIS Dominion Voting Systems has the expertise and security controls to support the inclusion of on-line voting during the Advanced Voting period. If approved, the public will have two options on how to vote during the Advanced Voting period at one of the offered Advance Voting locations or on-line. On Election Day, October 27 th, 2014, eligible voters can attend a traditional voting location to cast their ballot using the existing vote tabulation equipment. Issues relating to auditability, accessibility, transparency and security were identified as key areas requiring attention as part of the City s move to introduce on-line voting option. An assessment of each is addressed below.

2014 Municipal Election Advance Voting Online Option (CS2014-008) Page 5 Auditability The system provided by Dominion Voting Systems allows for ballots cast via the internet voting system to be subsequently printed on paper in ballot format for visual review by recount staff or tabulator scanning. The election staff conducting a recount can visually review the votes, while the identity of the voter remains protected. Accessibility The on-line voting program is fully compliant with the requirements of the Accessibility for Ontarians with Disabilities Act. It is accessible with internet ballots having a standard audio feature which speaks the instructions, races and candidate names as voters interact with the on-line ballot screens. Transparency On-line voting, which affords electors the opportunity to cast their ballots at a location that is convenient to them during the Advance Voting period, ultimately eliminates their attendance at a traditional voting and accordingly, removes the ability for candidates, scrutineers or the public to scrutinize ballots cast using this method of voting. This issue is important to note given the balancing of competing principles in a Municipal Election (i.e. accessibility, transparency, security, secrecy). In accordance with Section 42(3) of the Act, the Clerk will prepare written procedures for alternative voting methods (on-line voting), a copy of which will be provided to all candidates. Security To maintain public confidence in the election process and any method selected for casting ballots, it is necessary to address concerns relating to security. Dominion Voting Systems confirms their system is protected with a layered and comprehensive set of security controls for the end-to-end online voting process. The City s Information Technology staff has reviewed Dominion Voting System s internal process around data breach/data center separation and location/internal data manipulation prevention and the electronic voting process. Staff has identified security areas of risk being the end user PC and the validation process implemented by the City. The risk relating to the end user PC is considered to be low risk and beyond the City s control. From a technology perspective, Dominion Voting Systems has implemented the system using best practice methods to detect and avert cyber attacks. There are no concerns raised by the City s IT staff with regard to the use of this technology. To address the validation concern, staff met with Dominion Voting Systems to establish a two-step process to ensure the highest level of security. Voters will receive an instruction letter with their voter credentials (PIN) instructing them how to log on to Dominion Voting System s Internet Ballot Server to register, and following that initial identification verification step, access their ballot.

2014 Municipal Election Advance Voting Online Option (CS2014-008) Page 6 Once the voter has completed all races on the ballot, he/she is presented with a confirmation screen. At that time, any warning or error messages are displayed to the voter indicating any under voted, non-voted or over voted races and gives him/her the opportunity to update his/her selection by returning to the ballot. At no time prior to the voter confirming his/her ballot choices is his/her right to access the voting system restricted. Once the voter credentials are used to cast a ballot, it is flagged by the system and cannot be re-used to obtain another ballot. The on-line voting system will only be used during Advanced Voting. Introducing this voting method in this manner will allow for a trial period to gauge whether or not to increase on-line voting for greater use in future Municipal Elections. Voters are able to use a variety of standard browsers including those designated for smart phone and tablet based internet access. There will be a help-line set up to assist voters with any questions they may have when using on-line voting. 9.0 FINANCIAL IMPLICATIONS The cost to offer on-line voting in 2014 for the Advanced Voting period is approximately $51,750 and will be funded from the 2014 Municipal Election budget. 10.0 CONCLUSION A By-law is required to introduce on-line voting in the 2014 Municipal Election for the Advanced Voting period. If approved, eligible voters will have the option of casting votes during the Advanced Voting period by either attending the poll in person or through the internet. The introduction of on-line voting during the Advanced Voting period provides an opportunity for the City to assess the use of on-line systems for future elections, which could result in significant cost savings. Dominion Voting Systems has reviewed the internet voting methods with Staff and there are sufficient safeguards established within the program to ensure voter integrity and count accuracy. Lori Wolfe, City Clerk Director of Clerk s Services Darryl Lee, General Manager Corporate Services In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section. By-law required [ x ] yes [ ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ x ] yes [ ] no Is the necessary by-law or agreement being sent concurrently to Council? [ ] yes [ x ] no