April 09, 2018 Page 1 of 71 MUNICIPALITY OF THAMES CENTRE ADMINISTRATION SERVICES CLERKS / CEMETERY REPORT NO. C-013-18 TO: Mayor and Members of Council FROM: Margaret Alexander, Clerk/Cemetery Manager DATE: April 9, 2018 SUBJECT: 2018 MUNICIPAL ELECTIONS POLICIES & PROCEDURES AS AMENDED RECOMMENDATION: It is recommended that: Report No. C-013-18 prepared by the Clerk/Cemetery Manager, dated April 9, 2018, concerning the amended policies and procedures for the 2018 Municipal Election, be received for information. PURPOSE: The purpose of this Report is to provide a copy of the amended version of the 2018 Municipal Election Policies and Procedures. BACKGROUND: At its regular meeting held on February 6, 2017, Council enacted By-law No. 13-2017, being a by -law to authorize the use of the internet and telephone voting methods for the 2018 Municipal Election and to authorize the execution of an Agreement with Intelivote Systems Inc. for the provision of evoting Services. The following municipalities within Middlesex County that utilized the telephone/internet alternative voting method for the 2014 Election will be utilizing this same method for the 2018 Municipal Election: Middlesex Centre, Lucan Biddulph, Strathroy Caradoc, Adelaide Metcalfe, Southwest Middlesex, North Middlesex and Thames Centre. The clerks of the above-noted municipalities have been meeting on a regular basis to establish the policies and procedures for the 2018 Municipal Election. In accordance with Section 42(3), the Clerk is required to establish procedures and forms for the use of any alternative voting method authorized by by-law on or before December 31, 2017. Also, the Clerk is required to provide a copy of such procedures, including forms to each candidate when his or her nomination is filed.
April 09, 2018 Page 2 of 71 Report No. C-013-18 April 9, 2018 Page 2 The policies and procedures were established for the use of the telephone/internet alternative voting method and posted on the Municipality s website before December 31, 2017 as required. The Clerk has the right, at any time, up to and including Voting Day, to amend the procedures. The document has been amended to include other election policies and procedures (ie. nomination procedures, candidate campaigning and advertising, registered third parties, financial statements, compliance audit committee, etc.). COMMENTS: Voting The 2018 Municipal Election will be held on October 22, 2018 (Voting Day). The Voting Period for the 2018 Municipal Election will be the period beginning on October 15, 2018 at 9:00 a.m. and ending on October 22, 2018 (Voting Day) at 8:00 p.m. All eligible voters will be mailed a sealed Voter Information Letter to enable them to use the internet/telephone service. The letter will contain the following information: - a PIN (Personal Identification Number) and the designated internet address (URL) to access to cast their vote using the internet and a telephone number to call to cast their vote; - instructions how to vote; - dates and hours of voting; and - the location and telephone number of the Voter Help Centre. The Voter Help Centre will be located at the Municipal Office. Eligible electors who are not on the Voters List may attend the Voter Help Centre to have their name added to the list and receive a PIN to be able to cast their vote. A declaration form and the appropriate identification will be required. Eligible electors who do not own or have use of a computer may vote by telephone or visit the Voter Help Centre where there will be an internet voting station(s) set up. Eligible electors may attend the Voter Help Centre during the voting period on the following dates and times: - between the hours of 9:00 a.m. and 6:00 p.m. on October 15, 2018; - between the hours of 8:30 a.m. and 6:00 p.m. from October 16, 2018 to October 19, 2018; - between the hours of 9:00 a.m. and 1:00 p.m. on October 20, 2018; and - between the hours of 8:30 a.m. and 8:00 p.m. on October 22, 2018 (Voting Day). The election results will be announced at the Senior Centre. The Senior Centre will be opened at 7:00 p.m. on October 22, 2018 (Voting Day).
April 09, 2018 Page 3 of 71 Report No. C-013-18 April 9, 2018 Page 3 Eligible electors may attend the Dorchester and Thorndale Libraries to vote, via the internet, during their hours of operation. The libraries are not polling (voting) stations. The public may use these computers in the event they do not have access to a computer to vote. The Senior Centre Coordinator was consulted regarding the use of the Senior Centre s computers to allow only those Members of the Senior Centre Program the opportunity to be able to vote, via the internet during the voting period. The Senior Centre Coordinator will be working with election staff to get this set up and will be trained to be able to provide assistance if required. The Municipal Staff will investigate the possibility of attending the following buildings during the voting period to allow the seniors living in these buildings the opportunity to vote at their place of residence: Dorchester Terrace, Nissouri Manor, Seniors buildings (22 Carleton Court, 73 Carleton Court and 2061 Dorchester Road). Election Staff will be available for assistance. Additional Information Nomination Period commences May 1, 2018 at 8:30 am and ends on July 27, 2018 (Nomination Day) at 2:00 pm. Nomination Papers are required to be filed with the Clerk at the Municipal Office during regular business hours except on Nomination Day, filing is legislated from 9 am to 2 pm. There is a fee for filing and Candidates will be required to provide proof of identity and qualifying address. Also, Candidates are required to submit 25 endorsement signatures from eligible electors with their nomination. Third Party Advertiser is new for the 2018 Election. A Third Party Advertiser means an individual who is normally resident in Ontario, a corporation that carries on business in Ontario or a trade union that holds bargaining rights for employees in Ontario, and who s Notice of Registration for Third Party Advertiser has been certified by the Clerk. Third Party Advertisers will be required to register with the Clerk at the Municipal Office during regular business hours beginning May 1, 2018 at 8:30 a.m. and ending October 19, 2018. There is no registration fee for Third Party Advertisers. A Candidate Guide and Third Party Advertiser Guide are being developed by the Ministry of Municipal Affairs and will be circulated in the near future. These Guides will be provided to Candidates and Third Party Advertisers upon filing/registering with the Clerk. Also, Information Packages will be provided to Candidates and Third Party Advertisers at time of filing/registration. The Municipal Staff is currently working on the forms to be utilized for the 2018 Municipal Elections. CONSULTATION: N/A
April 09, 2018 Page 4 of 71 Report No. C-013-18 April 9, 2018 Page 4 FINANCIAL IMPLICATIONS: Funds have been allocated in the 2018 Budget for election purposes. REFERENCES/ATTACHMENTS: 2018 Municipal Election Policies and Procedures Prepared by: Margaret Alexander, Clerk/Cemetery Manager Reviewed by: S. Findlater, Chief Administrative Officer
April 09, 2018 Page 5 of 71 TELEPHONE/INTERNET VOTING ELECTION POLICIES and PROCEDURES 2018 ONTARIO MUNICIPAL ELECTION Approved by the Clerk / Returning Officer of the Municipality of Thames Centre This 22 nd day of December, 2017 As Amended April 9, 2018 Page 1 of 67
April 09, 2018 Page 6 of 71 Contents 1. AUTHORITY... 6 2. DEFINITIONS... 8 3. APPLICATION... 11 4. SECRECY... 12 5. TIMELINES... 13 6. NOMINATIONS... 14 6.1 Nomination Papers Section 33... 14 6.2 Estimated Maximum Campaign Expenses... 15 6.3 Notice of Penalties... 15 6.4 Municipal Freedom of Information & Protection of Privacy Act... 15 6.5 Unofficial List of Candidates... 15 6.6 Certification of Nomination Papers... 16 6.7 Rejection of Nomination Paper... 16 6.8 Withdrawal of Nomination Papers... 16 6.9 Official List of Candidates... 16 6.10 Declaration of Election... 17 6.11 Acclamations... 17 6.12 Fewer Number of Nomination Papers Than Offices... 17 6.13 Additional Nominations - More than Number of Offices Remaining... 17 6.14 Withdrawal of Additional Nominations... 17 6.15 Additional Nominations - Equivalent to Number of Offices... 18 6.16 Filling Vacancies... 18 6.17 Death of Ineligibility of a Candidate... 18 6.18 Final Calculation of Campaign Expenses... 19 6.19 Candidate Name Pronunciation... 19 7. PRELIMINARY LIST OF ELECTORS / VOTERS LIST... 20 8. NOTICES... 22 9. CANDIDATE CAMPAIGING AND CAMPAIGN ADVERTISING... 24 9.1 Campaigning and Advertising... 24 9.2 Municipal Employee Communication with Candidates... 24 9.3 Use of Corporate Resources... 25 9.4 Election Signs... 25 9.5 Municipal Authority to Remove Advertisements... 26 9.6 Fund-Raising for Candidates... 26 9.7 Candidate Campaign Contributions and Expenses... 26 9.8 Duties of Candidates... 26 10. THIRD PARTY ADVERTISER... 27 10.1 Third Party Advertiser... 27 Page 2 of 67
April 09, 2018 Page 7 of 71 10.2 Eligibility for Registration Section 88.6... 27 10.3 Filing the Notice of Registration Section 88.6(7)... 27 10.4 Estimated Maximum Third Party Expenses... 28 10.5 Notice of Penalties... 28 10.6 Final Calculation of Third Party Expenses... 28 10.7 Certification of Notice of Registration Section 88.6(13)... 29 10.8 Advertisements - Restricted Period and Expenses... 29 10.9 Mandatory Information in Advertisements - Section 88.5... 29 10.10 Mandatory Information for Broadcaster, etc. Section 88.5... 29 10.11 Municipal Authority to Remove Advertisement Section 88.7... 30 10.12 List of Registered Third Parties... 30 10.13 Fund-Raising for Registered Third Parties Section 88.14... 30 10.14 Contributions to Registered Third Parties and Expenses Section 88... 30 10.15 Duties of Registered Third Parties... 31 11. SCRUTINEERS... 32 12. VOTING... 33 13. VOTER QUALIFICATIONS... 37 14. VOTING PROCESS... 38 15. SYSTEM... 39 16. CORRUPT ELECTION PRACTICES PROVINCIAL OFFENCE AND PROSECUTION 40 17. MAIL TAMPERING CRIMINAL OFFENCE AND PROSECUTION... 42 18. RESULTS... 43 19. TIE VOTE RECOUNT PROCEDURES... 44 20. AFTER VOTING DAY... 46 21. CANDIDATES FINANCIAL STATEMENTS... 47 21.1 Financial Reporting Sections 88.25(1) and (9)... 47 21.2 Candidate Filing Default Sections 88.23... 47 21.3 Notice of Default Sections 88.23(1) (3) and 88.25... 48 21.4 Extension of Campaign Period... 48 21.5 Retention of Financial Statements... 48 21.6 Refund of Nomination Filing Fee... 48 22. THIRD PARTY FINANCIAL STATEMENTS... 49 22.1 Third Party Financial Reporting - Sections 88.29(1) and (7)... 49 22.2 Third Party Filing Default Section 88.27... 49 22.3 Notice of Default - Sections 88.27(1) and (2) and 88.29... 50 22.4 Extension of Campaign Period... 50 23. COMPLIANCE AUDIT COMMITTEE... 51 23.1 Establish a Compliance Audit Committee... 51 23.2 Review of Contributions to Candidates... 51 Page 3 of 67
April 09, 2018 Page 8 of 71 23.3 Decision of Compliance Audit Committee Regarding Candidates... 52 23.4 Review of Contributions to Registered Third Parties... 52 23.5 Decision of Compliance Audit Committee Regarding Registered Third Parties... 53 23.6 Compliance Audit Application Section 88.33(1) and 88.35(1)... 53 24. ACCESSIBILITY... 55 25. EMERGENCIES... 57 26. AMENDMENTS TO PROCEDURES... 58 27. ATTACHMENTS FORMS... 59 SCHEDULE A Timelines.....61 SCHEDULE B Excerpts from Sign By-law Elections...63 SCHEDULE C Voter Identification..... 66 These Policies and Procedures have been prepared for the purposes of convenience ONLY. For accurate reference, please refer to the Municipal Elections Act, 1996, as amended and the Good Government Act, 2009. Page 4 of 67
April 09, 2018 Page 9 of 71 AMENDMENTS Version Date Finalized Paragraph Updates 1 December 21, 2018 N/A 2 April 2, 2018 - Reformatted whole document - Page 3 - added Amendment Table to record Amendments to Policies/Procedures - Paragraph 2 - added the following definitions: a. Auditor f. Close of Voting h. Election Campaign Advertisement j. Municipal Office k. Normally Resident in Ontario o. Registered Third Party p. Restricted Period for Third Party Advertisements u. Third Party Advertisement - Added the following Paragraphs: 5 - Timelines 6 - Nominations 9 - Candidate Campaigning and Campaign Advertising 10 - Third Party Advertiser 21 - Candidates Financial Statements 22 Third Party Financial Statements 23 - Compliance Audit Committee - Corrected Paragraph 7.1 e. to read proper reference to Paragraph 7.1 d. - Corrected Paragraph 8.2 to read proper reference to Paragraphs 8.1 and 8.1 f. - Corrected Paragraphs 14.2 b. and 14.2 c. to read proper reference to Paragraph 14.2 a. - Corrected Paragraph 19.6 c. to read proper reference to Paragraphs 19.6 a. and 19.6 b. - Amended Paragraph 25 Accessibility (25.1, 25.2, 25.3, 25.5, 25.6, 25.7, 25.8, 25.9, 25.10) - Amended Paragraph 28 to update List of Forms - Changed Schedule A to Schedule C Identification - Schedule A now Timelines - Added new Schedule B Excerpt of Sign By-law Page 5 of 67
April 09, 2018 Page 10 of 71 1. AUTHORITY On February 6, 2017, the Council of the Municipality of Thames Centre adopted By-law No. 13-2017 to authorize the use of an alternative voting method, that being the Telephone/Internet Voting method; and to enter into an agreement with Intelivote Systems Inc., an evoting Service Provider for the Telephone/Internet Voting service for the 2018 Municipal & School Board Elections. The Municipal Elections Act, 1996, as amended, more specifically subsection 42(3), states as follows: Procedures and forms The Clerk shall, a. 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 b. provide a copy of the procedures and forms to each candidate when his or her nomination is filed. Subsection 42(4), states that the Clerk shall provide the procedures and forms on or before December 31 in the year before the year of the election. Subsection 42(4), states that the procedures and forms established by the Clerk, if they are consistent with the principles of the Municipal Elections Act, 1996, as amended, prevail over anything in the Act and the regulations made under it. Subsection 11(2) of the Municipal Elections Act, 1996, as amended, states that the Clerk of a local municipality has responsibility for conducting elections within that municipality and 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). With respect to the duties and authority of a Municipal Clerk, the Municipal Elections Act, 1996, as amended, further states as follows: a. 12(1) A Clerk who is responsible for conducting an election may provide for any matter or procedure that, i. is not otherwise provided for in an Act or regulation; and ii. in the Clerk s opinion, is necessary or desirable for conducting the election. Page 6 of 67
April 09, 2018 Page 11 of 71 b. 12(2) The power conferred by subsection (1) includes power to establish forms, including forms of oaths and statutory declarations, and power to require their use. c. 12(3) The power conferred by subsection (1) includes power to require a person, as a condition of doing anything or having an election official do anything under this Act, to furnish proof that is satisfactory to the election official of the person s identity or qualifications, including citizenship or residency, or of any other matter. d. 13(1) Any notice or other information that this Act requires the Clerk to give, shall be given in a form and manner and at a time that the Clerk considers adequate to give reasonable notice or to convey the information, as the case may be. e. 13(2) The Clerk shall provide electors, candidates and persons who are eligible to be electors with information to enable them to exercise their rights under this Act. Subsection 42(5) states that 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. Since the purpose for the use of the alternative voting, being Telephone/Internet Voting, was to eliminate proxies, Bylaw No. 13-2017 of the Municipality of Thames Centre stipulates no proxy provisions are applicable for municipal elections conducted in accordance with this by-law. Therefore, with respect to proxies, a person cannot give his or her Voter Information Letter to another eligible elector or other individual for the purpose of voting. Acceptance of a Voter Information Letter including the actual voting thereof will be considered an illegal and corrupt practice and therefore subject to the penalty provision under the Municipal Elections Act, 1996, as amended. The Municipal Elections Act, 1996, as amended, more specifically Section 53, also provides that the Clerk may declare an emergency if he or she is of the opinion that circumstances have arisen that are likely to prevent the election from being conducted in accordance with this Act and provides the authority to the Clerk to make arrangements for the proper conduct of the election. Any arrangements made by the Clerk, if they are consistent with the principles of the Municipal Elections Act, 1996, as amended, prevail over anything in the Act and the regulations and all such arrangements, if made in good faith, shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness. Therefore, as Clerk of the Municipality of Thames Centre and Returning Officer for the 2018 Municipal & School Board Elections, I do hereby certify and approve the following procedures for conducting the 2018 Municipal & School Board Elections and also establish that the attached forms are the forms permitted to be used during this election process. December 22, 2017 Date Approved Original Signed By: M. Alexander, Clerk/Returning Officer Page 7 of 67
April 09, 2018 Page 12 of 71 2. DEFINITIONS a. Auditor - means the person appointed by the Clerk who performs the prescribed combination of processes and procedures (audit duties) designed to validate a range of activities and/or functions of the internet/telephone voting system. b. Ballot - means either an image on a computer screen, or any web enabled device, of a ballot card for an election to be voted for, including all choices available to the electors and containing spaces in which the electors mark their votes; or when voting using a telephone or wireless phone, an audio set of instructions which describe all choices available to the electors and instruction to mark their selection by depressing the numbered touchtone keypad. c. Candidate - means a person who has been nominated under Section 33 of the Municipal Elections Act, 1996, as amended. d. Certified Candidate - means a candidate whose nomination has been certified by the Municipal Clerk under Section 35 of the Municipal Elections Act, 1996, as amended. e. Clerk - means the Clerk of the Municipality of Thames Centre who is responsible for conducting this election under the authority of the Municipal Elections Act, 1996, as amended. f. Close of Voting - means 8:00 p.m. Eastern Standard Time on October 22, 2018. g. Election Official - means the Clerk or other person(s) appointed in writing by the Clerk to carry out election duties under the Municipal Elections Act, 1996, as amended. An election official can only carry out the tasks and duties as assigned in writing by the Clerk, and must take the prescribed oath. h. Election Campaign Advertisement means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate. i. Eligible Elector - means a person who is entitled to be an elector at an election held in the local municipality, if on voting day he or she meets the qualifications outlined in Section 17(2) and 17(3) of the Municipal Elections Act, 1996, as amended. j. Municipal Office - means the Municipality of Thames Centre Municipal Office located at 4305 Hamilton Road, Dorchester, Ontario. k. Normally Resident in Ontario means the place in which an individual regularly returns if his or her presence is not continuous (sleep). Page 8 of 67
April 09, 2018 Page 13 of 71 l. Password - means an additional access control word assigned by the evoting Service Provider to each authorized user to provide additional security for access to the voting system. m. Personal Identification Number (PIN) - means a unique multiple digit number assigned by the evoting Service Provider to each voter to provide security for access to the voting system. n. Preliminary List of Electors - means a list of electors for the Municipality of Thames Centre compiled by the Municipal Property Assessment Corporation (MPAC) and provided to the Municipality of Thames Centre between July 31 and September 1 of an election year as agreed upon by MPAC and the Clerk. o. Registered Third Party (Third Party Advertiser) - means an individual who is normally resident in Ontario, a corporation that carries on business in Ontario or a trade union that holds bargaining rights for employees in Ontario, and who s Notice of Registration for Third Party Advertiser has been certified by the Clerk. p. Restricted Period for Third Party Advertisements means the earliest day that an individual, corporation or trade union is permitted to file a notice of registration as a registered third party and ends at the close of voting on Voting Day. q. Satisfactory Identification - means the identification required under the Municipal Elections Act, 1996, as amended (Ontario Regulation 304/13) which would provide proof of identity and residence of an individual to the satisfaction of an election official. r. Script - means all information flow and system prompts from the evoting system including instructions, informational messages, error messages, and exceptions. s. Scrutineer - means an individual, appointed in writing by a certified candidate, to represent him or her during the voting process. t. Support person - means a person who has been requested by an elector to assist him or her in the voting process. u. Third Party Advertisement - means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting, supporting or opposing a candidate, or a yes or no answer to a question on the ballot, but does not include an advertisement by or under the direction of a candidate, or an advertisement that incurs no expenses in relation to the advertisement, or an advertisement that is transmitted to employees, shareholders, or directors of the registered third party. v. Voting Day - means the final day on which the vote is to be taken in an election and shall be until 8:00 p.m. on that day. Voting day in a regular election is the fourth Monday in October October 22, 2018. Page 9 of 67
April 09, 2018 Page 14 of 71 w. Voter Help Centre - means a location provided by the Municipality of Thames Centre to assist electors with the Telephone/Internet Voting process or other general election inquiries, including revisions. The Voter Help Centre(s) is located at the Municipal Office, 4305 Hamilton Road, Dorchester, Ontario. x. Voter Information Letter - means a sealed envelope containing a Personal Identification Number (PIN) for each person on the Voters List or who has completed an application, duly approved by an election official, for inclusion on the Voters List, a telephone access number and internet address for voting, a Voter Help Centre number for assistance and a list of candidates for office. These envelopes shall be mailed individually, or hand-delivered as required, to every person on the Voters List. y. Voters List - means the Preliminary List of Electors, as corrected by the Clerk, under the provisions of Section 22 of the Municipal Elections Act, 1996, as amended. z. Voting Period means the period when voting may be conducted between the hours of 9:00 a.m. beginning on October 15, 2018 and ending at 8:00 p.m. on October 22, 2018. Page 10 of 67
April 09, 2018 Page 15 of 71 3. APPLICATION 3.1 This procedure has been developed under the authority of subsection 42(4) pursuant to subsection 42(3) (a) (ii) of the Municipal Elections Act, 1996, as amended, and applies to the Telephone/Internet Voting being conducted by the Municipality of Thames Centre between October 15, 2018 and October 22, 2018. 3.2 The procedures and forms established by this document prevail over anything in the Act and its regulations, as per subsection 42(4) of the Municipal Elections Act, 1996, as amended. 3.3 Where these procedures do not provide for any matter, the election shall be conducted as far as is consistent and practical within the principles of the Municipal Elections Act, 1996, as amended, with the same being determined and established by the Clerk. 3.4 These procedures may be amended, as necessary and deemed appropriate, by the Clerk of the Municipality of Thames Centre. Any amendment to these procedures shall be signed by the Clerk and a copy of the amendment(s) shall be provided forthwith to all certified candidates for office for the Municipality of Thames Centre and/or school boards. 3.5 Section 12 of the Municipal Elections Act, 1996, as amended, provides that the Clerk of a municipality may provide for any matter that is not otherwise provided for in an Act or regulation and is, in the Clerk of the municipality s opinion, necessary or desirable. Page 11 of 67
April 09, 2018 Page 16 of 71 4. SECRECY 4.1 The Clerk shall require all election official(s) and/or other persons working in connection with the municipal elections to swear or affirm an oath of secrecy in accordance with Section 49 of the Municipal Elections Act, 1996, as amended. 4.2 No person shall interfere or attempt to interfere with an elector while in the process of accessing the Telephone/Internet Voting service or interfere or attempt to interfere in the voting process while using the Telephone/Internet Voting service unless expressly requested and authorized by an elector asking for assistance. 4.3 No person shall obtain or attempt to obtain information about how an elector intends to vote or has voted. Any individual requested by an elector to assist him or her in voting is required to maintain the secrecy of the vote(s) cast by the elector and shall vote according to the instructions and wishes of the elector. 4.4 No person shall communicate any information that might have been inadvertently obtained about how an elector intends to vote or has voted. 4.5 No elector shall reveal how he or she intends to vote except when obtaining assistance in voting from either a support person or an election official. 4.6 All electors voting at the Voter Help Centre(s) may vote with the assistance of a support person; however, the support person shall be required to take the appropriate oath prior to providing assistance. 4.7 All complaints regarding any and/or all breaches of secrecy shall be investigated by the proper authorities and shall be prosecuted according to the provisions of Corrupt Practices and Other Offences - Penalties and Enforcement under Sections 89 and 90 of the Municipal Elections Act, 1996, as amended. Page 12 of 67
April 09, 2018 Page 17 of 71 5. TIMELINES See Schedule A for Election timelines. Page 13 of 67
April 09, 2018 Page 18 of 71 6. NOMINATIONS 6.1 Nomination Papers Section 33 Nominations are to be filed with the Clerk or designated Election Official at the Municipal Office, in person or through an agent from May 1, 2018 to July 26, 2018 between the hours of 8:30 a.m. to 4:30 p.m. The nomination paper may not be faxed or e-mailed. On Nomination Day (July 27, 2018), the prescribed filing time is 9:00 a.m. to 2:00 p.m. and nominations will be accepted at the Municipal Office only. Those persons within the Municipal Office during the prescribed filing time will be considered for filing. Nominations will be received for the following offices: Mayor - 1 to be elected - At Large Deputy Mayor - 1 to be elected - At Large Councillor - 1 to be elected in each of Wards 1, 2 and 3 Nominations for School Board Trustees must be obtained and filed at the appropriate Municipal Office for the following offices: School Board Trustee English Public 2 to be elected School Board Trustee English Separate 1 to be elected School Board Trustee French Public 1 to be elected School Board Trustee French Separate 1 to be elected Nominations must be on the prescribed form and accompanied by the prescribed nomination filing fee. The filing fee is one hundred dollars ($100.00) for Ward Councillor or Deputy Mayor and two hundred dollars ($200.00) for Mayor. The prescribed fee is payable by cash, debit, certified cheque or money order. Credit cards or non-certified cheques will not be accepted. Candidates seeking office on Council must submit 25 endorsement signatures from eligible electors with their nomination. The individuals providing the signatures will each have to sign a declaration stating that they were eligible to vote in the municipality on the day that they signed the endorsement. If a candidate files a nomination, and then changes their mind and decides to run for a different office on the same council, they are not required to submit new signatures. The requirement to submit 25 nomination signatures does not apply to candidates running for school board trustee positions. To avoid suggestions of conflict and to protect the integrity of the election process, Municipal Staff are deemed to be ineligible to endorse a nomination of a person for an office on Council. Page 14 of 67
April 09, 2018 Page 19 of 71 All candidates must provide designated Election Officials with proof of identity and qualifying address within the municipality when filing a nomination. If an agent is filing on behalf of a candidate, the agent must provide a copy of the candidate s proof of identity as well as their own. Candidates must also complete the Declaration of Qualification Form. It is the responsibility of the candidates to ensure that they are qualified to seek the office for which they are being nominated. The surname on the nomination paper and the surname on the identification must be the same. Some flexibility will be given to first names (e.g. Tony for Anthony), subject to approval of the Clerk. The name completed on the nomination paper will be the name that will appear on the ballot. Nomination papers will be reviewed for completeness when filed and will be certified at a later date, on or before 4:00 p.m. on July 30, 2018. 6.2 Estimated Maximum Campaign Expenses Section 88.20(6) Upon the filing of a person s nomination, the Clerk shall calculate the estimated maximum campaign expenses, as of the filing date, using the number of electors determined from the Voters List from the previous election, and shall give the person, or the agent filing the nomination for the person, a certificate of the estimated campaign expenses as of the filing date. 6.3 Notice of Penalties Section 33.1 The Clerk shall, before voting day, provide a notice of penalties to the candidate or their agent. Page 15 of 67 6.4 Municipal Freedom of Information & Protection of Privacy Act Upon filing, nomination papers become part of the public record and shall be disclosed to members of the public upon request. The candidate may sign the consent to release personal information authorizing the Clerk to release personal information to the public and media. 6.5 Unofficial List of Candidates The Clerk will prepare an unofficial list of persons who have submitted nomination papers, and the office that they are seeking election to, and will update the list as soon as practical after receipt of nomination papers. The list will be posted in the municipal office and on the Municipal Website (www.thamescentre.on.ca).
April 09, 2018 Page 20 of 71 6.6 Certification of Nomination Papers - Section 35 On or before July 30, 2018 at 4:00 p.m., the Clerk will review each nomination received to determine qualification and compliance with the Municipal Elections Act, 1996, as amended. Once satisfied the candidate is qualified, the Clerk will complete the Certification by Clerk section on the Nomination Paper. 6.7 Rejection of Nomination Paper Sections 35(3) and (4) If the candidate is not qualitied to be nominated, or the nomination does not comply with the Municipal Elections Act, 1996, as amended, the Clerk will reject the nomination. The Clerk will contact the candidate by telephone or email to inform him/her of the rejection, and send a Notice of Rejection of Nominations, by Registered Mail, as soon as possible, to: a. The person who sought to be nominated; and b. By prepaid first class mail to all candidates for the office. 6.8 Withdrawal of Nomination Papers (Section 36) A candidate may withdraw their nomination by filing a written withdrawal in the Clerk s Office before 2:00 p.m. on Nomination Day, July 27, 2018, if the person was nominated on or before Nomination Day; and before 2:00 p.m. on the Wednesday following Nomination Day (August 1, 2018), if the person was nominated under Section 33(5) Additional Nominations. The candidate shall appear in person, with identification in order to withdraw the nomination; or the candidate s agent shall appear in person, with identification and a Letter of Authorization to represent the candidate, in order to withdraw the candidate s nomination. The withdrawal shall be noted on the Unofficial List of Candidates. In the event that a candidate chooses to file a second nomination, the candidate s first nomination is automatically deemed to be withdrawn. 6.9 Official List of Candidates Once nomination papers have been certified and the nomination period has expired, an official list of nominated persons shall be posted at the municipal office and, as a minimum, on the municipal website on or before, Friday, August 3, 2018. Page 16 of 67
April 09, 2018 Page 21 of 71 6.10 Declaration of Election (Section 40) If after 4:00 p.m. on Monday, July 30, 2018, 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 the following through the use of newspaper advertisements and the Municipal Website: a. The manner in which electors may use the Internet/Telephone voting method; b. The dates and times of the voting period; c. The location and hours of operation for the Voter Help Centre. 6.11 Acclamations Section 37(1) If after 4:00 p.m. on Monday, July 30, 2018, 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 on the Municipal Website. In this situation there shall be no election conducted for this position(s). 6.12 Fewer Number of Nomination Papers Than Offices - Section 33(5) If at 4:00 p.m. on Monday, July 30, 2018, 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, August 1, 2018. The Clerk shall post a Notice of Additional Nominations advising that additional Nominations Papers may be filed for that office during the specified time. If at 2:00 p.m. on Wednesday, August 1, 2018, additional Nomination Papers have been filed, the procedure to certify or reject Nomination Papers shall be followed. 6.13 Additional Nominations - More than Number of Offices Remaining Section 33(5) If between 9:00 a.m. and 2:00 p.m. on Wednesday, August 1, 2018, 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. 6.14 Withdrawal of Additional Nominations - Section 36 Withdrawal of additional nominations must take place prior to 2:00 p.m. on Wednesday, August 1, 2018. Follow the procedure in Paragraph 6.8 above. Page 17 of 67
April 09, 2018 Page 22 of 71 6.15 Additional Nominations - Equivalent to Number of Offices - Section 35(2) and 37(2) If at 4:00 p.m. on Thursday, August 2, 2018, there is a sufficient number of certified Nomination Papers filed to fill the office(s), the Clerk shall post a Declaration of Acclamation. 6.16 Filling Vacancies - Section 37(4) If an office remains vacant after the declaration of candidates by acclamation under section 37 and the declaration of the election of candidates following the conduct of the election for offices on the Municipal Council, the following rules apply: a. Insufficient Number to Form a Quorum Municipal Council If the number of candidates declared elected is insufficient to form a quorum of the Municipal Council, a by-election shall be held. b. Sufficient Number to Form a Quorum Municipal Council If the number of candidates declared elected 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. 6.17 Death of Ineligibility of a Candidate - Section 39 If a certified candidate dies or becomes ineligible to hold office before the close of voting and: a. 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. b. The result would be one less candidates 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 be nominated. No votes are to be counted for the candidate who has died or become ineligible. Page 18 of 67
April 09, 2018 Page 23 of 71 6.18 Final Calculation of Campaign Expenses Sections 88.20 (13) and (14) 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 given to each candidate in the case of a regular election, on or before September 25, 2018; and in the case of a by-election, within 10 days after the Clerk makes the corrections under subparagraph 4iii of subsection 65(4) of the Municipal Elections Act, 1996, as amended, The number of electors to be used in this final calculation is to be the greater of the following: the number determined from the Voters List form the previous regular election, as it existed on September 15 in the year of the previous election, adjusted for changes under Sections 24 and 25 that were approved as of that day; the number determined from the Voters List for the current election as it exists on September 15 in the year of the current election, adjusted for changes under Sections 24 and 25 that were approved as of that day. The Clerk s calculation is final and shall be made in accordance with the prescribed formula in Ontario Regulation 101/97. 6.19 Candidate Name Pronunciation All certified candidates are to provide to the Clerk the proper pronunciation of their name prior to October 4, 2018. Page 19 of 67
April 09, 2018 Page 24 of 71 7. PRELIMINARY LIST OF ELECTORS / VOTERS LIST 7.1 The Preliminary List of Electors shall be requested from the Municipal Property Assessment Corporation (MPAC) in an electronic format. The list shall be reviewed by the Clerk of the Municipality of Thames Centre and obvious errors shall be corrected as permitted under Section 22 of the Municipal Elections Act, 1996, as amended, and the list shall be approved for use as the Voters List. a. The list shall then be reproduced in paper or electronic format and distributed to those who are entitled to copies under subsections 23(3), (4) and (5) of the Municipal Elections Act, 1996, as amended. All certified candidates shall be entitled to two (2) copies or an electronic format and shall sign a statement acknowledging that the Voters List shall not be used for any commercial purposes. b. The candidates shall receive login ID(s) and password(s) allowing them to view the Voters List that contains the names of the electors who are entitled to vote for their office. They can use the module to identify and track individual electors during the course of the election campaign and voting period to observe participation. c. The list shall be available in an electronic format to accommodate the administration in the voting process at the Voter Help Centre(s). d. Additions, corrections and deletions may be made to the list in accordance with the Municipal Elections Act, 1996, as amended. e. The Clerk and/or the evoting Service Provider shall produce an electronic list of the additions, corrections and deletions, as stated in Paragraph 7.1 d of this document, and make available online these additions, corrections and deletions to those who are entitled to copies of the Voters List under the Act and the same shall be the final Voters List. This list, as required under Section 27 of the Municipal Elections Act, 1996, as amended, shall be available on or before September 15, 2018 at the Municipal Office, 4305 Hamilton Road, Dorchester, Ontario. f. The Voters List, as corrected by the Clerk pursuant to Section 22 of the Municipal Elections Act, 1996, as amended, shall be provided to the evoting Service Provider in computer format in order for the evoting Service Provider to manage the Voter Information Letter. Voter Information Letters shall be distributed by first class mail or hand-delivered as required, to all eligible electors to enable them to use the Telephone/Internet Voting service. Page 20 of 67
April 09, 2018 Page 25 of 71 7.2 The Voter Help Centre(s) shall be responsible for the following: a. Eligible electors who attend the Voter Help Centre(s) and are not on the Voters List will be able to be added to the list by filling out a declaration form and providing satisfactory identification. See Schedule C for list of satisfactory identification. i. Their names will be added to the Voters List and they will be assigned and receive (or mailed) a Voter Information Letter containing a (PIN); and ii. they will be able to vote at the Voter Help Centre(s) if they so wish during the voting period. b. Verifying and re-issuing a Voter Information Letter to qualified voters: i. where a person on the Voters List did not receive his or her Voter Information Letter in the mail due to an incorrect address, he or she can attend a Voter Help Centre in order to receive a new one. The authorized election official will disable the voter s lost Personal Identification Number (PIN) and electronically mark it in the system with the appropriate details. Upon providing satisfactory identification to an election official, an oath shall be taken by the voter and a new Voter Information Letter containing a new Personal Identification Number (PIN) shall be issued. c. Verifying and re-issuing a Personal Identification Number (PIN) to qualified voters: i. where a person on the Voters List has lost his or her Personal Identification Number (PIN), did not receive it in the mail, or does not have access to it, he or she can attend a Voter Help Centre in order to receive a new one. The authorized election official will disable the voter s previous PIN and electronically mark it in the system with the appropriate details. Upon providing satisfactory identification or information to a Voter Help Centre election official, as may be defined, a new Personal Identification Number (PIN) shall be issued. Page 21 of 67
April 09, 2018 Page 26 of 71 8. NOTICES 8.1 The Clerk of the Municipality of Thames Centre shall notify voters of the following election information through the use of advertisements: a. that municipal & school board elections are being held for the Municipality of Thames Centre and that the Municipality has adopted an alternative voting method (and the manner in which electors may use the alternative voting method), being Telephone/Internet Voting; b. the date(s), time(s) and location(s) for the holding of the vote including advance voting, and the methods of voting for each; c. the office(s) of the council and/or school boards; d. the manner in which electors may or may not use voting proxies; e. who is eligible to vote in the municipal & school board elections; and f. the location(s) and dates, and hours of operation of the Voter Help Centre(s), how persons can check to see if their name is on the Voters List and the procedures by which their name can be added or information corrected on the Voters List. 8.2 At the Clerk s discretion, notices will be published in the local newspapers and/or posted on the Municipality s website. All notices shall be made available in English only. The following essential notices shall be issued: a. Notice of Election Information. See Paragraph 8.1; b. Notice of Revision of Voters List. See Paragraph 8.1 f; c. Notice of Nomination; and d. Certified Election Results. The Clerk reserves the right to publish additional advertisements and notices as deemed appropriate. 8.3. Where possible, cooperative advertising may take place - costs to be approved and shared by the participating municipalities. 8.4 Each person on the Voters List shall be mailed, by first-class mail a sealed Voter Information Letter containing: a. his or her Personal Identification Number (PIN), the telephone number(s) to call to cast a vote, and the designated internet address (URL) to access to cast a vote using the internet; b. instructions on how to vote; Page 22 of 67
April 09, 2018 Page 27 of 71 c. dates and hours of voting; and d. the location(s) and telephone number(s) of the Voter Help Centre(s). 8.5 All Voter Information Letters shall be made available in English only. Page 23 of 67
April 09, 2018 Page 28 of 71 9. CANDIDATE CAMPAIGING AND CAMPAIGN ADVERTISING 9.1 Campaigning and Advertising a. Campaigning, including campaign advertising, is permitted no earlier than the filing of Nomination Papers by the candidate. b. Candidate campaign advertising means an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate. Examples include lawn signs, brochures, posters, print, radio and electronic ads, etc. c. All candidates shall provide the following information to a broadcaster or publisher in writing: - the name of the candidate - the name, business address and telephone number of the individual who deals with the broadcaster or publisher under the direction of the candidate. d. Information contained in/on all campaign material is the responsibility of the candidate and any questions or concerns should be directed to the candidate. e. Candidates, Third Parties, Broadcasters, or Publishers SHALL NOT publish or provide the following to the general public: X X X X Voting telephone number Voting website address (URL) Details of the voter credentials that will be required (PIN) Voter instruction letter (VIL) The following WILL BE published and provided to candidates: Voting dates and times Electronic and telephone voting only, no paper ballot (no polling stations) Assistance will be available at Voter Help Centre Timeframe to expect Voter Instruction Letter in the mail Publish meaning on any website, pamphlets or brochures, signs, social media forums such as Facebook, Twitter, etc. 9.2 Municipal Employee Communication with Candidates The primary method of communication with candidates shall be by email. Questions pertaining to all matters related to the election process, including the voting method, shall be directed to the Returning Officer: Page 24 of 67
April 09, 2018 Page 29 of 71 Margaret Alexander, Clerk Municipality of Thames Centre 4305 Hamilton Road Dorchester, ON N0L 1G3 Tel: 519-268-7334, ext. 222 Email: malexander@thamescentre.on.ca Any other questions from candidates shall be done in writing to the Clerk for response. Responses to questions posed by candidates will be forwarded by email generally within one week. To ensure fairness and transparency, responses will be shared with all registered candidates without identifying the questioner. 9.3 Use of Corporate Resources The use of corporate resources is not permitted by candidates for election purposes. Candidates are prohibited from offering electronic equipment to electors to vote (ie. cell phone, laptop). See Use of Corporate Resources Policy for more information, including the following: a. Election campaigning or distributing/posting of election campaign material at municipally owned/leased facilities is not permitted; b. The use of the municipal logo or other insignia for campaign purposes is prohibited. The purpose of the Use of Corporate Resources Policy is to ensure that the Municipality's operations, events, and facilities are not used for political purposes and are not used for election campaign related purposes/ activities. A copy of the Use of Corporate Resource Policy will be included in the Nomination Package. 9.4 Election Signs See Excerpts of Sign By-law for information regarding Election Signs (attached as Schedule B ). Page 25 of 67
April 09, 2018 Page 30 of 71 9.5 Municipal Authority to Remove Advertisements Section 88.7 If the Municipality is satisfied that there has been a contravention of Section 88.3 (candidates election campaign advertisements), 88.4 (third party advertisements) or 88.5 (mandatory information in third party advertisements), the Municipality may require a person who the Municipality reasonably believes contravened the section or caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to remove the advertisement or discontinue the advertising. 9.6 Fund-Raising for Candidates Section 88.10 A fund-raising function shall not be held for a person who is not a candidate. Fund-raising functions may only be held during the campaign period. 9.7 Candidate Campaign Contributions and Expenses The Clerk shall provide the Contributions to Registered Candidates at the time of filing. The expenses of a candidate that are for the holding of parties and making other expressions of appreciation after the close of voting shall not exceed an amount calculated in accordance with the prescribed formula. The formula that is prescribed, must be written so that the amount calculated under it varies based on the maximum amount determined under subsection 88.20(6) Maximum Amount, for the office for which the candidate is nominated. The Clerk shall provide the maximum amount for parties, etc. See Section 88 of the Municipal Elections Act, 1996, as amended for information regarding candidate campaign contributions and expenses. Also, the Nomination Package will include information regarding candidate campaign contributions and expenses. 9.8 Duties of Candidates The Clerk shall provide the Duties of Candidates at the time of filing. Page 26 of 67