PROCEDURES FOR USE OF VOTE TABULATORS Municipal Elections 2014 Township of Norwich May 30, 2014
Township of Norwich Vote Tabulator Procedures DEFINITIONS 1. In this procedure, Act means the Municipal Elections Act, 1996, c.32, S.O. 1996; Smart Card means a memory card that is inserted and removed in order to collect and store tabulated totals; Secrecy Folder means a paper folder in which a ballot can be placed to conceal the names of the candidates and the marks upon the face of the ballot and to expose the initials of the Deputy Returning Officer (DRO); Vote Tabulator means an apparatus that optically scans a specified area on the ballots to read the votes and tabulate the results. APPLICATION OF PROCEDURE 2. This procedure applies to the Township of Norwich Municipal Election 2014. Where this procedure does not provide for any matter, an election to which this procedure applies shall be conducted as far as is practicable in accordance with the principles of the Municipal Elections Act, 1996. ELECTION OFFICIALS 3. The Clerk may appoint election officials for the purposes of this procedure and may designate their titles and duties. The Clerk may continue to exercise the delegated power and duties, despite the delegation. BALLOTS 4. Ballots shall be a composite ballot with designated voting spaces beside each candidate s name and instructions that direct the voter to vote by filling in the designated voting spaces. VOTE TABULATORS Programming of Vote Tabulators 5. The vote tabulators shall be programmed so that a printed record of the number of votes cast for each candidate can be produced. The vote tabulators shall be programmed so that the following ballots are returned to the operator: (i) (ii) a ballot without any votes in the specified voting spaces, as determined by a vote tabulator, with a message Blank Ballot. a ballot with more than the specified voting spaces marked for each office as determined by a vote tabulator with message Over Voted.
(iii) Testing/Demonstration of Vote Tabulators a ballot that is damaged or defective or has been marked in such a way that it cannot be properly processed by a vote tabulator with the message, Ballot Misread. 6. Prior to 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 from all other applications or programs and that no remote devices are capable of gaining access to the vote tabulators. Candidates may attend a demonstration of the vote tabulators. The Clerk shall give adequate notice of the date, time and location of the demonstration. 7. The test shall be conducted as follows: CANDIDATES / SCRUTINEERS Load the smart cards into the vote tabulators; tabulate a pre-audited group of ballots, including ballots that fall into each of the categories of ballots described in section 5 above, and ballots on which a predetermined number of valid votes are recorded for each candidate; and Compare the output of the tabulation against the pre-audited results. The Clerk shall, at the successful completion of the test, certify the results and seal the smart card to the vote tabulator. If the Clerk detects any error in the test, the cause of the error shall be determined and corrected and the test repeated until an errorless count is made and certified by the Clerk. 8. Candidates may appoint scrutineers in writing to represent them at the voting location. (e) (f) Scrutineers must show their written appointment to election officials upon entering a voting location and must sign in and take an Oath of Secrecy. One scrutineer per candidate may be in the voting place for each ballot box/vote tabulator in use at the voting place. To protect the secrecy of the vote, scrutineers will be unable to examine the ballots or to object to ballots or the counting of votes in a ballot as provided for in clauses 47(5)(e) and 47(5)(f) of the Act as the ballots are being fed into the vote tabulator by the election official. For the purposes of subsections and, candidates who enter the voting place are considered to be scrutineers. No cellular phones, cameras, recording devices or other such communication devices in the voting area or other such communication devices shall be used in the voting area by anyone other than an election official.
PROCEDURE AT THE VOTING PLACE Opening the Poll 9. The operator or election official shall, in the presence of the election staff and all scrutineers print a zero tape from the vote tabulator before the opening of the polls, confirming 0 totals. Issuing and Marking the Ballot If the totals are 0 for all candidates, the operator or election official shall initial and ensure that the 0 printout remains affixed to the vote tabulator until the results are printed by the vote tabulator after the close of voting. If at the opening of the poll the totals are not 0 for all candidates, the operator or election official shall immediately notify the Clerk and shall conduct the vote using the auxiliary compartment of the ballot box until the vote tabulator is made operational or a back-up tabulator is supplied to the voting place. 10. The Clerk may assign an election official, in addition to the DRO, to initial a ballot before the ballot is issued to the elector. 11. Prior to the election official's issuance of a ballot, the election official will require the elector to provide proof of the elector's identity and qualifying address. If an elector is unable to provide such proof, the elector will be required to complete the prescribed form, including a statutory declaration, before being issued a ballot. If the elector refuses to complete the form, the elector will be refused a ballot. 12. The DRO or election official shall issue a ballot and a secrecy folder to each elector. Upon receiving the ballot the elector shall proceed to the voting compartment; and Using the pen provided in the voting compartment, vote as per the instructions located on the ballot. After marking the ballot in the voting compartment, the elector shall: insert the ballot into the secrecy folder such that the DRO or election official initials can be seen; leave the compartment without delay, and deliver the secrecy folder containing the ballot to the operator or election official. 13. The operator or election official shall, in the presence of the elector and without removing the ballot from the secrecy folder: Verify that the ballot has been initialled by the DRO or other designated election official, and insert the secrecy folder containing the ballot, with the initials of the DRO or other designated election official, into the feed area of the vote tabulator until the vote tabulator draws the ballot from the secrecy folder in full view of the elector, or
If the vote tabulator fails to operate, the operator or election official shall: (i) (ii) insert the ballot into the auxiliary compartment of the ballot box; and when the vote tabulator becomes operational, and in the presence of the DRO, insert the ballot into the feed area of the vote tabulator. 14. If a ballot described in clauses 5(i) or (ii) is returned by the vote tabulator and the elector who delivered the ballot is present, the operator or election official shall advise the voter of this and enquire of the elector if she/he would like to correct the marking of the ballot and whether they require assistance. If no assistance is required the elector shall be given the opportunity to correctly mark the ballot within the designated space, or if the voter wishes, the original ballot can be cancelled and a new ballot issued to the voter by the DRO or Election Official. If the elector declines to accept another ballot, or indicates this is the way he/she wants to vote, the operator or election official shall, without showing the face of the ballot to any scrutineers present, use the vote tabulator accept button' and, insert the ballot into the feed area of the vote tabulator until the vote tabulator draws the ballot from the secrecy folder. If a ballot described in clause 5(iii) is returned by the vote tabulator and the elector who delivered the ballot is present, the operator or election official shall reinsert the ballot into the feed area of the vote tabulator. If the vote tabulator again returns the ballot, the operator or election official shall advise the voter to return the damaged or defective ballot to the DRO who shall place the ballot in the cancelled/declined ballot envelope and issue another ballot to the elector and briefly instruct the elector how to properly mark the ballot. The DRO shall mark cancelled across the face of the cancelled ballot and issue a new ballot to the voter. 15. If a ballot described in subsection 5 is returned by the vote tabulator and the elector who delivered the ballot is not present, the operator or election official shall without showing the face of the ballot to any scrutineers present, use the vote tabulator accept button' and, insert the ballot into the feed area of the vote tabulator until the vote tabulator draws the ballot from the secrecy folder. Closing the Poll during Advance Voting 16. If a vote tabulator has been used for advance voting, the procedures contained in this Section shall be followed by the operator or election official to close the advance voting place. The operator or election official shall, after the close of the advance voting, check the auxiliary compartment of the ballot box for ballots to ensure all ballots have been processed, and shall immediately: Turn the vote tabulator off and place it in the carrying case provided for return to the Township office. Seal the ballots in the container/ballot box provided by the Clerk; Complete such statements as required by, and in the manner directed by, the Clerk.
Deliver the vote tabulator and other election materials to the Township Office. NOTE: ON THE ADVANCE POLL DAY(S) BALLOTS ARE NOT TALLIED. THE RESULTS STORED ON THE SMART CARDS REMAIN SEALED IN THE TABULATOR. THE TABULATOR AND THE BALLOTS WILL BE SECURED IN A VAULT UNTIL ELECTION NIGHT WHEN THEY WILL BE TALLIED. Closing the Poll on Election Day 17. When a vote tabulator has been used to tabulate the votes cast in a voting location, the operator or election official shall, after the close of voting, check the auxiliary compartment of the ballot box for ballots to ensure that all ballots are tabulated and immediately: (e) (f) (g) Obtain a printed record of the votes given for each candidate; Remove the printed record from the vote tabulator; Sign the certificate portion of the printed record along with any scrutineers who are present and wish to sign; Seal the ballots in the container/ballot box provided by the Clerk. Call in the results to the designated number at the Township Office; Complete such statements as required by, and in the manner directed by, the Clerk: Deliver the vote tabulator and other election materials to the Township Office. 18. If a vote tabulator has been used to tabulate votes cast in a voting place but the tabulation of the votes cannot be completed because the vote tabulator ceases to operate or cannot be made to operate within a reasonable time following the close of voting, the operator or election official shall, after determining the tabulation cannot be completed; seal the container/ballot box in such a manner that it cannot be opened or any ballots be deposited in it without breaking the seal; Secure the vote tabulator against receiving any more ballots; Deliver the vote tabulator and ballots to the Township Office immediately. At the Township Office,, designated election officials will accept the tabulator and take necessary steps to obtain the election results. 19. The Clerk shall, at the completion of the count, retain the programs, memory packs, test materials and ballots in the same manner as is provided for in the Act for the keeping of ballots. 20. The Clerk shall retain and may have access to the pre-audited group of ballots referred to in clause 7 and other materials used in the programming of the vote tabulators. ADVANCE VOTING 21. The total of the votes on advance voting days shall not be printed nor tallied. These votes will be processed under section 17 after 8:00 p.m. on voting day. RECOUNTS 22. Subject to an order of a judge under subsection 60(3) of the Act, if a recount of votes is held, the votes shall be counted in the same manner as the votes were counted on voting day.
23. A vote tabulator shall be tested before the recount in the manner described in section 7. The Clerk shall attend the recount and bring the supply carriers, ballot transfer containers, vote tabulators, statement envelopes and all documents that, in the opinion of the Clerk, are relevant to the recount