Modernizing Ontario s Electoral Process: Recommendations for Legislative Change

Modernizing Ontario s Electoral Process: Recommendations for Legislative Change Chief Electoral Officer s Submission to the Select Committee on Elections February 4th, 2009

Elections Ontario 51 Rolark Drive Toronto, Ontario M1R 3B1 1.888.668.8683 TTY: 1.888.292.2312 info@elections.on.ca www.elections.on.ca

Office of the Chief Electoral Officer of Ontario Bureau du directeur général des élections de l Ontario Mr. Greg Sorbara Chair of the Select Committee on Elections Queen s Park Toronto, Ontario M7A 1A2 Dear Mr. Chair: It is with great pleasure that I provide the Select Committee on Elections with my formal submission on recommended changes to the Election Act, Election Finances Act and the Representation Act, 2005. This report provides further information on the recommendations that I suggested when I appeared before the Committee on December 4 th, 2008. I believe that the proposed amendments will help to modernize Ontario s electoral process and will allow Elections Ontario to prepare, administer, and deliver elections in ways that are responsive to the needs of citizens and their local communities. Respectfully submitted, Greg Essensa Chief Electoral Officer

Table of Contents Introduction..1 Section One. 4 Modernizing and Enhancing the Accessibility of the Electoral Process Section Two. 11 Professionalizing the Election Workforce Section Three..15 Protecting the Integrity of Elections Section Four....18 Improving the Quality of the Voters List Section Five.21 Operating Improvements Section Six...25 Reforming Election Finance Conclusion... 30 Summary of Recommendations... 31 Appendix A..33 Special Ballot Process Appendix B..35 Modern Service Delivery Model Appendix C..38 Returning Officer Selection Process Appendix D..40 Proposed Administrative Powers

Introduction The following report expands on the presentation delivered by the Chief Electoral Officer to the Select Committee on Elections on December 4 th, 2008. The Select Committee on Elections has a mandate to consider the current effectiveness of the Election Act, the Election Finances Act and the Representation Act, 2005 in the preparation, administration and delivery of elections in Ontario. The report provides further explanation of the Chief Electoral Officer s recommendations, an overview of practices in other jurisdictions, a comment on some of the other submissions made to the Select Committee and greater detail as to how Elections Ontario would implement its recommendations. The recommendations in this report are grouped into six categories: Modernizing and Enhancing the Accessibility of the Electoral Process, Professionalizing the Election Workforce, Protecting the Integrity of Elections, Improving the Quality of the Voters List, Operating Improvements, and Reforming Election Finances. The last time that the fundamental aspects of Ontario s election law underwent a comprehensive review was in 1968, more than forty years ago. The Ontario of 2009 is not the same as the Ontario of 1968. Ontario s social and cultural environment has evolved and the electoral process needs to reflect this complex change. The characteristics of the typical Ontario elector and the ways that Ontarians engage with the political process are also changing and our election laws need to adapt to reflect this new reality. Since Ontario s current election laws were first enacted, they have changed to respond to specific issues. Amendments have ranged from political finance reforms in the late 1970 s, changes to the redistribution process in the 1990 s, and, most recently, the introduction of fixed election dates. The current laws have been amended incrementally over time and, as a result, gaps and inconsistencies have arisen. Many of these issues have been raised in the reports made by previous chief electoral officers and, in some instances, by the former Commission on Election Finances. A comprehensive review, which is the mandate of the Select Committee, continues the process of modernizing Ontario s provincial elections. The fundamental recommendation of this report is that Elections Ontario needs to have the ability and flexibility -- in conjunction with Returning Officers -- to prepare, administer, and deliver elections in ways that are responsive to the needs of citizens and their local communities. In many instances, our laws do not afford the flexibility that is enjoyed federally, municipally, and in other provinces. Such rigid requirements waste resources and frustrate the public and election officials alike particularly when such flexibility exists in the administration of Ontario s municipal elections. Introduction 1

The fact that our current election laws have been amended on so many occasions over the years teaches us that our election laws need to be responsive to changing circumstances. Our election laws need to move away from a narrow one size fits all approach to electoral administration. All of the recommendations in this report are based on three fundamental democratic principles. Ontario s election laws need to ensure that: 1) Electors and participants in the electoral process are fully able to exercise their democratic electoral rights; 2) Electors and participants in the electoral process are served in a modern, responsive, and efficient manner; and, 3) Election officials are accountable and the process we administer is transparent and impartial. It is important to strike an appropriate balance between these three principles. For example, while every elector who wishes to vote should have a way of doing so, the integrity and scrutiny of the voting process must not be compromised, and the process should not be prohibitively expensive to administer. In addition to the fundamental principles, the recommendations in this submission are also guided by five key goals for reform. It is the hope of the Chief Electoral Officer that the Committee will consider the following guidelines when making their recommendations. 1. Combine the Election Act and Election Finances Act into one statute The Election Act and the Election Finances Act should be combined into one statute so that the Chief Electoral Officer is better able to coordinate the reporting and budgeting process. Since Elections Ontario is currently governed by two statutes, it has to follow two separate statutory reporting and budgeting frameworks. Combining the two pieces of legislation into one will reduce inefficiencies as well as inconsistencies and confusion. 2. Use clear language Ontario s election laws are used by a number of different groups ranging from election professionals to candidates and political parties to campaign volunteers. The laws should be written as clearly and as simply as possible so that they can be easily understood by all stakeholders. 3. Permissive rather than prescriptive legislation The legislation should be as permissive as possible so that the Chief Electoral Officer and Returning Officers have the flexibility to respond to the needs of local communities and adapt to changing circumstances. Introduction 2

4. Modernize the electoral process It is essential that the election laws recognize the needs of a modern Ontario electorate and that they place the elector at the centre of the democratic process. The adoption of advances in technology and modern customer service models should be allowed by the legislation so that voting is as easy and convenient as possible. 5. Ensure cost-effectiveness Any changes to the election laws should strive to make the electoral process as cost-effective as possible. Ontarians deserve to have election legislation that uses taxpayer money as efficiently and effectively as possible. Now is the time to think about how Ontario s election laws can be changed to ensure they meet the needs of all Ontarians. The Committee s comprehensive review will continue to help modernize the election laws in Ontario and ensure that our democratic process remains among the best in the world. Introduction 3

Section One: Modernizing and Enhancing the Accessibility of the Electoral Process When considering amendments to Ontario s election laws, voters and their needs should be put at the centre of the electoral process. The electoral process should be as accessible as possible, so that all electors have an opportunity to cast their ballots. Barriers that may prevent people from voting should be removed and voting should be as easy and convenient as possible. At the same time, any recommendations for changes to improve the accessibility of the democratic process must also ensure that the integrity of the system is protected. This section of the report provides recommendations to modernize the Election Act and improve the accessibility of the voting process. It describes ways that the electoral process could be modernized; through the use of customer service based voting procedures that will reduce line-ups and staffing costs as well as through the use of technology that will allow electors with disabilities to cast their ballots independently. Flexibility in establishing advance voting days, hours and locations is also recommended. The Chief Electoral Officer should have the discretion to determine, in conjunction with the local Returning Officer, the advance vote strategy that best meets the needs of the local electorate. What works well in downtown Toronto may not be the best strategy for the people of Kapuskasing. In addition, this section recommends a move towards consistency of practice between federal, provincial and municipal election rules. Federal, provincial and municipal electoral agencies all serve the same electors and as such, the rules should be as consistent as possible to remove the potential for confusion. In the submissions that the Committee received from Returning Officers, ten identified the need for greater collaboration between the practices of the various electoral agencies. One way to help increase the consistency of practice is to move towards special ballots and mobile polls which are already used federally and in many other provinces. Special ballots and mobile polls would increase the accessibility of Ontario s voting process by making it easier for individuals who are away from their homes or in hospitals and nursing homes to cast their ballots. The recommendations in this section will help to ensure that all eligible electors are able to easily participate in the democratic process. Modernizing the Electoral Process 4

Special Ballots and Mobile Polls The Chief Electoral Officer recommends that the Election Act be amended to allow electors to vote by special ballot. The Chief Electoral Officer recommends that the Election Act be amended to allow for mobile polls. The Chief Electoral Officer recommends that Section 17 of the Election Act be amended to eliminate proxy voting. The electoral process should be as accessible as possible so that all electors have the opportunity to cast their ballot. It is currently very difficult for some people to vote (for example, students, electors with disabilities, individuals in nursing homes and hospitals, as well as military and personnel on assignment). In Ontario, the only alternative currently available to people who cannot vote during the advance vote or on election day is the proxy process. Proxy voting is a complex, cumbersome process that is rarely used. Proxy voting forces electors to give up the secrecy of their vote since they are required to select another eligible elector to vote on their behalf. Electors have no guarantee that the person they entrusted with their vote has actually cast the ballot in accordance with their wishes. Ontario electors are familiar with other alternative voting processes, such as the mail-in ballot that is used in many municipal elections and the special ballot that is used during federal elections. Ontario is the only jurisdiction in Canada that does not offer other methods of voting. Considering Ontario s increasingly mobile population, it would seem that a form of special ballot would respond more effectively to the needs of electors than the proxy process and better uphold the fundamental democratic principle of the secrecy of the ballot. Appendix A provides a description of how Elections Ontario would implement a special ballot process. In the submissions that the Committee received from the Returning Officers, twenty-five Returning Officers recommended that special ballots be used in provincial elections. Thirty-three Returning Officers also suggested another way to improve the accessibility of the electoral process through the use of mobile polls. A mobile poll is a process that allows a poll to move between various locations, such as special care facilities, for a specified time period. Voters in eleven provinces and territories, as well as in federal elections, are able to vote using some form of mobile poll if they are unable to get to a voting location on election day. Only Ontario and Yukon do not offer this method of voting. The law should provide the flexibility for the Chief Electoral Officer, with input from Returning Officers, to establish a process for mobile polls. In some electoral districts, particularly those that have a large number of institutions and special care facilities, it may make sense for mobile polls to operate during the advance vote so that all locations are properly served. In other electoral Modernizing the Electoral Process 5

districts where there are only a handful of facilities, it may be reasonable to operate the mobile polls on election day. Sections 90 and 91 of Saskatchewan s Election Act provide an example of broad, permissive powers that allow the Chief Electoral Officer and Returning Officers to establish mobile polls to meet community needs. The following principles would apply to mobile polling places: They would be available to institutions, hospitals, nursing homes and special care facilities with between 20 and 99 beds o Places with more than 100 beds would have an all day voting location on election day o Places with 19 or fewer beds would be served by special ballot The time that each mobile poll would spend at a facility would be determined by the Returning Officer Posters and other communications materials would be widely distributed to the mobile polling locations so that all residents were aware of the initiative Mobile polling places would remain at the location for an adequate period of time so that all electors had an opportunity to cast their ballot A flexible approach to mobile polls will allow the Chief Electoral Officer and Returning Officers to respond appropriately to the needs of local communities. If the Legislature decides not to provide for mobile polls, then Returning Officers should be given discretion by the Election Act to close the voting locations in hospitals and other institutions earlier in the day and to bring the ballot box, ballots and supplies back to the Returning Officer for counting after the close of the general polls. This would respond to the concerns of administrators who have indicated that keeping the poll open for a prolonged period of time causes too much disruption to the normal routine of the facility, upsetting the residents. Vouching The Chief Electoral Officer recommends that Section 51 of the Election Act be amended so that electors in all electoral districts can vote if someone vouches as to their identity. The Election Act allows an elector in a rural polling division whose name is not on the voters list to take an oath of eligibility and receive a ballot if another elector, who lives in the same polling division and is on the voters list and has identification, vouches for him or her. Vouching was not used in the last provincial election since no polling divisions received the rural designation. If vouching is allowed, then it should be offered to all of Ontario s electors not just those living in a rural area. One of the fundamental principles of democracy is that all electors are treated fairly and consistently, therefore, the rules for receiving a ballot should apply to everyone. Modernizing the Electoral Process 6

As stricter identification rules have been introduced, a return to vouching should be considered. An eligible elector, who has identification, should be able to vouch for no more than two voters in order to establish their identification. The vouched voter would be required to sign a declaration that he or she is eligible to vote and would not be able to vouch for anyone. Many Returning Officers reported that contentious situations between election officials and electors could have been avoided had this type of vouching provision been available during the last election. If the recommended changes are not acceptable to the Committee, then consideration should be given to eliminating vouching entirely. Vouching is permitted in federal elections, as well as in provincial elections in British Columbia, Saskatchewan, and New Brunswick. Voting and Vote-counting Processes and Technologies The Chief Electoral Officer recommends that the Election Act be amended to allow for the use of alternative voting equipment, vote-counting equipment and voting methods during both general elections and by-elections. Many different types of technology exist that allow for electors with disabilities to cast their ballot independently. Currently, the Chief Electoral Officer only has the authority to employ these types of accessibility technologies in by-elections. At the end of January 2009, the Chief Electoral Officer announced his intention to pilot accessible voting technologies in all advance voting locations for the upcoming by-election in Haliburton-Kawartha Lakes-Brock. Electors should have access to accessibility technologies in general elections as well. All electors should have the chance to cast their ballots in secret, without assistance. Vote-counting and voting technologies could also help to simplify and modernize the way the voting process is administered. Modern Service Delivery Model The Chief Electoral Officer recommends that the Election Act be amended to allow the Chief Electoral Officer to establish appropriate staffing models and processes to be followed in the voting locations. The current, prescriptive election laws do not allow Elections Ontario to deliver the best customer service possible to electors. Elections Ontario receives numerous complaints about how, on election day, voters have to wait to be served at a table with many people in line in front of them while other tables in the same location had no line-ups. Modernizing the Electoral Process 7

Under the current process, while several polling places may be established in one voting location, the law requires that an elector can only be checked and issued a ballot by the two election workers assigned to that elector s polling division. This prescribed division of labour is impractical for many locations and contributes to the bottlenecks which are of equal frustration for electors, candidates, and election officials. Change is needed to allow greater flexibility to use different staffing models and more modern service delivery methods. This flexibility would provide more convenient, efficient service to electors and would reduce wait times and line-ups. It would also be more cost effective since the voting locations would be able to operate with fewer election workers. The Municipal Elections Act, 1996 currently provides Ontario s municipal clerks with this type of flexibility. Appendix B provides a detailed explanation of how Elections Ontario would implement a modern service delivery model. Residency Definition The Chief Electoral Officer recommends that the residency definition in Section 1.1 of the Election Act be amended to make it easier for students to determine where to vote. Now that Ontario has moved to fixed date general election in October, a time when many postsecondary students are living away from their family s home, an amendment is required to clarify the place of residence for students. Some students may wish to vote where their family resides, however, just as many may desire to vote in the electoral district where they live to go to college or university. A definition related to students would greatly assist them and election officials to determine where they can be considered a resident for electoral purposes. Advance Vote The Chief Electoral Officer recommends that Section 44 of the Election Act be amended to allow the location, days and hours of the advance vote to be set at the discretion of the Chief Electoral Officer and the Returning Officer for each electoral district. In 2007, the Election Act was amended to provide for thirteen days of advance voting in fixed date general elections. Returning offices had to be open for advance voting for all thirteen days and additional locations were required to be open for ten days. Although the dramatic increase in the number of advance voting days and locations increased the accessibility of the process, the number of electors who took advantage of these additional opportunities was relatively low in some areas. For example, in Ancaster-Dundas-Flamborough- Modernizing the Electoral Process 8

Westdale, 1,611 people voted at one advance poll while only 150 people voted at another location in the district. In Parry Sound-Muskoka, two of the advance voting locations had 1,604 and 1,485 voters, while another two locations only serviced 204 and 76 electors. It was very difficult for the Returning Officers to find people who were willing to work ten hours a day for thirteen days straight. Finding locations was just as challenging for the Returning Officers. Many landlords were unwilling to rent their space to Elections Ontario for such a long period. School boards, municipalities and community groups did not want their space used for advance voting since September is a key period for them when many of their activities start up again after the summer months. Almost all of the submissions that the Committee received from Returning Officers discussed the difficulty they had in administering the advance vote. The 2007 advance vote experience highlights the need for flexibility in determining the advance vote hours, dates and locations. What works well in one electoral district may not be the best option for another. The Chief Electoral Officer recommends introducing flexibility to the advance voting process. While it makes sense to keep the advance polls open in areas that have a high population, it also makes sense to move advance polls from communities with a lower population after two or three days and place them in another community. Allowing the poll to move would provide the opportunity for many more electors to have access to a conveniently located advance poll. Elections Ontario recognizes that new and different advertising and notification methods would have to be used to ensure that the voters in a particular community know about their ability to vote at a convenient advance poll. Providing the Chief Electoral Officer with the flexibility to work with the Returning Officers to establish the locations, days and hours of the advance polls will greatly assist electors and provide them with enhanced access to this voting opportunity. Ways to Improve the Accessibility of the Electoral Process The Select Committee on Elections received a number of submissions from individuals suggesting things that Elections Ontario could do to improve the accessibility of the electoral process. Many of the suggestions can be implemented without legislative amendments, but the Chief Electoral Officer wanted to mention them in this report to highlight some of the initiatives that Elections Ontario undertakes to ensure that all electors have a chance to participate in the democratic process. Training Programs All election workers receive training on how to perform their duties. The training will be revised to increase the amount of training that all election workers receive so that they are more aware of the Modernizing the Electoral Process 9

barriers some electors may face as a result of a disability and the processes that are in place to ensure that all eligible electors are able to cast their ballots. Partnerships Elections Ontario was recently restructured and now has a specialized Communications and Outreach division. This division will be responsible for forming partnerships with stakeholders and increasing the degree of consultation that Elections Ontario undertakes with a variety of stakeholders including organizations representing electors with disabilities, community associations and other levels of government. These partnerships will help Elections Ontario to develop outreach initiatives that will fulfill the organization s expanded legislated mandate to provide programs to assist those who may face barriers to voting. Improved Public Education Campaign Elections Ontario now has the legislated responsibility to conduct public education campaigns in both election and non-election years. The Chief Electoral Officer strongly believes that Elections Ontario should conduct public education on a continual basis not just in election years. As a result, staff are developing new on-going education programs that will ensure all electors are aware of their democratic voting rights and responsibilities. Access to Information The Elections Ontario website was redesigned for the 2007 general election to ensure that it was in compliance with the Priority 1 checkpoints of the Accessibility Directorate of Ontario s W3C Web Accessibility Initiative Guidelines. Elections Ontario provides information in a variety of formats including translation to thirty-five languages, plain language, large print, Braille and audio versions on CD or cassette. Accessible Offices Elections Ontario s main office and all returning offices have level access and comply with the current accessibility standards. As new accessibility standards are introduced, Elections Ontario will make any necessary changes to ensure the main office remains compliant with the changing standards. Modernizing the Electoral Process 10

Section Two: Professionalizing the Election Workforce A successful election relies on the knowledge and ability of the individuals running the returning offices, working in the voting places and those behind the scenes supporting the front line workers. As mentioned in the 39 th General Election Report, it is becoming increasingly difficult to attract qualified, experienced people to work on election day. This section of the report describes the Chief Electoral Officer s recommendations for professionalizing the election workforce. A professional workforce, one that is hired based on ability and merit, will help protect the integrity and increase public confidence in the electoral process. Electors need reassurance that the election officials responsible for administering the election are independent and impartial. While the Chief Electoral Officer is responsible for delivering Ontario s provincial election, he does not have the power to hire one of the most important members of the election team the Returning Officers. In addition to the hiring ability, the Chief Electoral Officer should also have the power to establish the fees that are paid to election officials to ensure they are within Management Board of Cabinet guidelines. A professionalized election workforce will ensure that qualified people, who have the necessary knowledge, experience, problem-solving and customer service skills, are responsible for delivering Ontario s elections and meeting the needs of our diverse stakeholders. Professionalizing the Election Workforce 11

Returning Officer Selection The Chief Electoral Officer recommends that Sections 7 and 8 of the Election Act be amended so that the Chief Electoral Officer is responsible for selecting Returning Officers and Election Clerks through a transparent, non-partisan process where individuals are chosen on merit, based on their qualifications and experience. Returning Officers are integral to the delivery of an election. They are responsible for administering the election within their electoral district. Returning Officers require a diverse skill set since their duties include: using complex computer and data systems to manage their business, including the voters list, recruiting, training and managing approximately 1,000 election workers, coordinating with landlords for the use of voting locations, building relationships with diverse community groups, and managing a large office budget. Returning Officers are held to a specific event calendar and they must have all of the various components of the election in place in time for voting day. It is an extremely stressful and demanding role. Yet, despite the important role that Returning Officers play in the delivery of the election, the Election Act does not provide a clear set of qualifications for a Returning Officer. The law only specifies that the individual must be of voting age, a Canadian citizen and a resident of Ontario. There are also no clear criteria which allow for the removal of Returning Officers who the Chief Electoral Officer feels have not adequately performed their duties. The Election Act currently provides that the Lieutenant Governor in Council appoints the Returning Officer for each electoral district. For many years, the Chief Electoral Officer was only advised of the appointment of the Returning Officer when he received a copy of the order in council. In the mid-1980 s, this process changed when the Chief Electoral Officer was asked to meet with each candidate for the position of Returning Officer. This process continued for the 1999 and 2003 General Elections when the Deputy Chief Electoral Officer met with each of the candidates to ensure that they understood the responsibilities of the position and to make the candidates aware of the time commitment required. Meeting the potential Returning Officers prior to their appointment reduced the number of withdrawals that occurred when new Returning Officers attended training for the first time and were overwhelmed by the level of responsibility that was assigned to them under the Election Act. Before the 2007 election, the Chief Electoral Officer was permitted to confirm the abilities of the proposed Returning Officers. Elections Ontario sent each candidate a package containing information on the provincial electoral process and the legislation. Each candidate was asked to study the material and then take an on-line test that asked them questions on different areas of Professionalizing the Election Workforce 12

expertise. If the candidate passed the test, then they could be appointed. In a number of cases, once the candidates read the material and became aware of what was expected of them, they withdrew and there were delays in finding another candidate. Given the responsibilities and skill sets that Returning Officers require, the Chief Electoral Officer would like to be able to mount an open and competitive process for selecting Returning Officers. The Chief Electoral Officers of Canada, British Columbia, Saskatchewan, Manitoba, Quebec, Newfoundland and Labrador, Northwest Territories and Nunavut are all responsible for appointing Returning Officers. In their submissions to the Select Committee, fifteen of the Returning Officers agreed that the process for selecting Returning Officers should be examined and that it should be a merit-based competition with the Chief Electoral Officer being responsible for the final selection. Only three submissions believed that the process should remain the same. Appendix C provides a detailed description of how the Chief Electoral Officer would implement an open and competitive selection process. Election Official Selection The Chief Electoral Officer recommends that Section 39 of the Election Act be amended so that the Returning Officer in each electoral district is permitted to appoint the election officials who will report to him or her. The Chief Electoral Officer recommends removing the requirement for election officials to live in the electoral district where they are working. The Chief Electoral Officer recommends that all references to Deputy Returning Officers and Poll Clerks be removed and replaced with Election Officials. It is becoming increasingly difficult to recruit qualified individuals who are able to handle long hours and who have the problem-solving skills required to function in a fast-paced, high-pressure election environment. In their submissions to the Select Committee on Elections, twenty-one Returning Officers highlighted the need for Returning Officers to be able to select and appoint election workers without waiting for a list from the candidates. On average, Returning Officers are responsible for hiring and training approximately 1,000 election workers. Having to wait until ten days before election day, in some instances, to receive names from candidates places an unnecessary risk on the electoral process. Properly staffing the voting locations is one of the Returning Officer s main responsibilities. They should not have to be under such pressure in the days before election day to find and train sufficient numbers of staff. Professionalizing the Election Workforce 13

The hiring process for election officials should be a non-partisan process that Returning Officers are able to begin at the start of the 28-day election period. Recruiting throughout the election period will mean that Returning Officers are able to more effectively use their time during the crucial final days before election day. The Chief Electoral Officer also recommends removing the requirement for election officials to live in the electoral district where they are working. Many Returning Officers experience difficulty in trying to appoint election officials from only their own electoral district. The difficulty could arise from the number of people available to work or because of geographic issues within the district. During the last two general elections, the former Chief Electoral Officer used his emergency powers under Section 4 of the Act to permit over half of the Returning Officers to appoint election officials from outside their respective electoral district. Many other Canadian jurisdictions (British Columbia, Alberta, Saskatchewan, Manitoba, Newfoundland, and Yukon) hire their election officials using a non-partisan process. To allow for the implementation of the modern service delivery model, all references to Deputy Returning Officers and Poll Clerks should be removed and replaced with Election Officials. Payment of Election Officials The Chief Electoral Officer recommends that Section 112 of the Election Act be amended to allow the Chief Electoral Officer to set the fees for election officials. In their submissions to the Select Committee, fifteen Returning Officers recommended that the wages paid to the various election workers be reviewed. A number of Returning Officers commented on how inequitable wages negatively affected office morale. Pay rates and expenses are prescribed in a regulation made by the government under the Election Act. Until the fees and expenses regulation was revised in 2007, the Chief Electoral Officer had been required to operate on a regulation that was seventeen years old. Between 2003 and 2007, ten by-elections had to be administered using fees that had been established in 1990. In order to avoid this situation in future, the Chief Electoral Officer should be given the authority to establish the fees and expenses, using a system of benchmarks, job descriptions and rates paid within the larger Ontario government framework, as established by Management Board of Cabinet guidelines. The amounts paid to election officials would therefore be consistent with other people who serve the public. Allowing the Chief Electoral Officer to set fees and expenses, along with the ability to design new staffing models, would ensure that elections are delivered in a modern, efficient and cost-effective way. Professionalizing the Election Workforce 14

Section Three: Protecting the Integrity of Elections In order to have confidence in the electoral process, the public needs to be assured of the integrity of the electoral system. In many ways, election administrators are always seeking a balance between ensuring the accessibility of the vote and the integrity of the process. An example of this balance between integrity and accessibility is deciding whether or not electors should have to show identification through various aspects of the election process. In 2007, Ontario moved towards requesting electors to provide identification to establish their residence and identity. Another way in which the integrity of the process can be protected is by establishing a clear and transparent process for examining the redistribution of electoral districts. Electoral district boundaries need to be periodically updated to avoid population inequities across districts. This section of the report describes two ways in which the integrity of the electoral process might be protected. The first is through inclusive identification requirements and allowing the health card to be used as identification for voting purposes. The second way is through a formalized boundary redistribution process that will ensure that all electors have adequate representation within the Legislative Assembly. Protecting the Integrity of Elections 15

Identification Requirements The Chief Electoral Officer recommends keeping Ontario s current identification requirements and amending Section 4.2(1) of the Election Act to permit individuals to use their health cards as identification for voting purposes. Identification requirements are one way that Elections Ontario helps to protect the integrity of the electoral process. In 2007, the Election Act was amended and new identification measures were introduced requiring each elector to show proof of identity in order to obtain a ballot. Electors who did not have documentary proof had to make a statutory declaration in order to receive a ballot and to vote. The Election Act currently allows the Chief Electoral Officer to determine what specific documents, or class of documents, may serve as acceptable proof of identity and place of residence. This aspect of the legislation worked well in the 2007 election as it allowed the Chief Electoral Officer to establish provisions for individuals that may have difficulty obtaining identification. For example, in hospitals and institutions with bedside voting, the Chief Electoral Officer permitted hospital identification bracelets as acceptable proof. In addition, a special Certification of Identity and Residence form was created to serve as documentary proof for homeless persons, residents of women s shelters and members of Aboriginal reserve communities who may not have the specified identification. The form had to be signed by the elector and by the administrator of a shelter, dropin centre or by a representative of a Band Council. When the Chief Electoral Officer appeared before the Select Committee, the Committee members asked him to comment on aspects of the Canada Elections Act that he would not want to see implemented in Ontario. Identification requirements are one area where the Chief Electoral Officer would like to keep the provincial rules and he does not recommend adopting the federal model. The federal model is more restrictive in the types of identification it allows and the Chief Electoral Officer advises that Ontario s more inclusive identification requirements better serve electors. To make Ontario s identification requirements even more inclusive, the Chief Electoral Officer requests the law be amended to allow election officials to ask electors to show provincially-issued identification cards, including health cards, notwithstanding subsection 34(4) of the Personal Health Information Protection Act, 2004. The law would need to be clear that electors are not forced to show their health cards if they do not want to. Clarifying the law to allow heath cards to be used as identification for voting purposes will make it easier for electors who do not have a driver s licence to provide proof of identity. Protecting the Integrity of Elections 16

Electoral District Redistribution The Chief Electoral Officer recommends that the Representation Act, 2005 be amended to provide a regular, scheduled process for reviewing electoral district boundaries. For the democratic process to be truly representative, a system for maintaining the fair and balanced distribution of electoral district boundaries is essential. The Representation Act, 2005 provides that Ontario s electoral map has 107 electoral districts, but it does not explain how the map will be adjusted in the future. The process and timetable for the future redistribution of provincial electoral districts needs to be established. Every other jurisdiction in Canada has a regular schedule and process for future redistribution. Redistribution is a major undertaking that affects not only election planning and staffing, but also requires extensive efforts from the parties to manage their constituency associations and their finances before an election. The Chief Electoral Officer recommends that Ontario establishes a process and a set schedule for electoral boundary readjustment. Protecting the Integrity of Elections 17

Section Four: Improving the Quality of the Voters List One of the key elements providing legitimacy to an election is an accurate, current and reliable voters list. Traditionally in Canada, the government has assumed responsibility for the collection of electoral data for the preparation of the voters lists. This is in contrast with the practice in other parts of the world, such as the United States, which places the onus on the elector to take the necessary action to ensure their name is included in the voters list. This section of the report discusses two ways to improve the quality of the voters list. The first is through the creation of a single address authority for Ontario. The second is enhancing Elections Ontario s access to information sources. If implemented, these recommendations would greatly improve the accuracy of the Permanent Register of Electors for Ontario from which the voters list is compiled. Improving the Quality of the Voters List 18

Address Authority The Chief Electoral Officer recommends that a single address authority be established for Ontario. In Ontario, municipalities are responsible for creating the addressing conventions for the land parcels in their regions. The result is 444 different naming conventions across the province since each municipality establishes its own practice. The lack of a central address authority in Ontario creates significant challenges for an electoral registration process. Without accurate addressing information, it becomes almost impossible in certain parts of the province to adequately ensure that an elector has been placed at the appropriate location for them to exercise their democratic franchise. Part of the addressing difficulty arises because people provide different versions of their address to different service providers. For example, an elector may use the 9-1-1 version of their address when completing their taxes, but use the rural route version of the address on their driver s licence and use their Canada Post mailing address on their health card. That one elector could appear in the voters list three different times, in three different ways and this makes it very difficult for Elections Ontario to determine where they actually reside and to assign them to the most convenient voting location for their address. By establishing a single address authority in Ontario, inconsistent naming conventions of land parcels would be reduced and more accurate register information could be maintained. This would reduce voter confusion and frustration as electors could be assigned to the correct polling division. A single address authority would also improve the accuracy of the information provided to parties and candidates. The single address authority would not only benefit Elections Ontario, but also other parts of the government that require up-to-date addressing information such as the Ministry of Transportation and the Ministry of Health and Long Term Care. Access to Data The Chief Electoral Officer recommends that Section 17.1(4) of the Election Act be amended to permit Elections Ontario to collect information about soon to be electors and that the Ministry of Education be required to provide Elections Ontario with the name, address and birth date of grade 12 students. The Chief Electoral Officer recommends that Section 17.1(4) of the Election Act be amended to make it easier for the Ministry of Health and Long Term Care to share their information with Elections Ontario for the purpose of maintaining the Permanent Register of Electors for Ontario. The Permanent Register of Electors for Ontario (PREO) is only as accurate as its source data. In order to ensure that PREO is as up-to-date and complete as possible, Elections Ontario requires information from a variety of different sources. Improving the Quality of the Voters List 19

Historically, it has been difficult for Elections Ontario to obtain information on new electors those individuals who have just turned eighteen. Recent research has shown that, for some, voting is a habit and that individuals who vote when they are first eligible are more likely to vote in the future. As such, the Chief Electoral Officer would like to recommend that the Ministry of Education be required to provide Elections Ontario with information on grade 12 students on an annual basis. The student information would allow Elections Ontario to conduct a comprehensive outreach initiative and provide soon-to-be electors with information on the voter registration process and the voting process. This program would provide students with the opportunity to register as voters and would help them to understand how to exercise their right to vote. Elections Quebec has one of the most accurate voters lists in the country and the main source of information for its list is health card data. Ontario s Chief Electoral Officer would like to make it as easy as possible to obtain names, addresses and birth date information from the Ministry of Health and Long Term Care for the purpose of maintaining PREO. Improving the Quality of the Voters List 20

Section Five: Operating Improvements There are a number of archaic practices mentioned in the Election Act, such as having Returning Officers read the entire writ aloud, that can be removed when the new statute is created. In addition, a new plain language statute can clarify and correct a number of inconsistencies that have arisen from the incremental legislative changes that have occurred over the years. For example, in some places in the Election Act, the counting of days in the election counts forwards from the day a writ is issued. Section 9.1(5) prescribes that Polling day shall be the fifth Thursday after the date of the writ. Advance poll days, in contrast, are calculated by counting backwards from election day. For example, in a fixed date general election, area advance polls are described in clause 44(2)(b) as being required on the 15th, 14th, 13th, 12th, 11th, 10th, ninth, eighth, seventh and sixth days before polling day. If the current advance vote dates remain the same, it would be far simpler to say area advance polls shall be held for ten days starting on the 14 th day after the date of the writ. Also, there are housekeeping items that need to be addressed. Some provisions of the Election Act need to be repealed because either the courts have struck them down or they are spent. For example, subsections 27(5) and (6) were struck down by the Superior Court of Justice in October 2007 (see De Jong v. Ontario (Attorney General) [2007] O.J. No. 4041). The Election Act is also a patchwork quilt of numbering given that so many provisions have been added and repealed since the last consolidation of the law in 1990. These inconsistencies make the law unnecessarily complex and confusing for the public, parties, and administrators alike. The Chief Electoral Officer would be happy to work with the Select Committee to identify these types of improvements in the drafting process for any new legislation. This section of the report provides an overview of a number of different recommendations that will improve the administration of elections in Ontario including: changing voting day, allowing a more permissive framework for the design and storage of ballots, providing the Chief Electoral Officer with expanded recommendation powers, and establishing a delay for election-related legislative amendments that are introduced six months before a general election. The recommended operational improvements will help to ensure that Ontario s election is administered successfully. Operating Improvements 21

Change Voting Day The Chief Electoral Officer recommends amending Subsection 9.1(5) of the Election Act to change voting day to a time when schools are not in session (e.g. weekend or school holiday). In the 2007 general election, approximately thirty percent of the population voted in a school gymnasium or cafeteria. Schools best fit the criteria set out by the Election Act for the establishment of voting locations: they are conveniently located, they usually provide a large space such as a gymnasium, electors are familiar with their location and they usually provide access for persons with disabilities. However, it is becoming increasingly difficult for Returning Officers to use schools as voting locations. In the 2007 general election, Returning Officers faced unprecedented levels of resistance from school boards, concerned with the issue of the safety of their students as the polls are open during school hours. Elections Ontario understands and shares the school boards concerns and, where necessary, undertook an additional expense to hire security to ensure that students would be safe on election day. In their submissions to the Select Committee, twenty-five Returning Officers highlighted the need for a school holiday on election day. If voting day was moved to a weekend, or a province-wide school holiday was established on election day, then Elections Ontario would be better able to use schools, which are ideal voting locations, and there would be no concern for student safety since classes would not coincide with voting. Many democracies around the world hold their elections on the weekend. As voter turnout declines, it may be worth noting that other democracies hold their elections on the weekend and have a much higher voter turnout rate than Canada. For example, New Zealand holds its general elections on a Saturday and France holds its general elections on a Sunday. Holding elections on the weekend would be much more convenient for many electors and could potentially have a positive impact on Ontario s voter turnout rate. Holding the election at a time when school is not in session would also allow for teachers to be recruited as election officials. Given the difficulty that Returning Officers are having finding qualified staff, having access to teachers would be very beneficial. Ballots The Chief Electoral Officer recommends that Sections 33 and 34 of the Election Act be amended to allow the Chief Electoral Officer to design the ballot. The only form that is described in detail in the Election Act is the ballot. As a result, the Chief Electoral Officer is restricted from designing a ballot that meets the needs of the diverse electorate, encompassing those with disabilities, who are elderly or who have difficulty reading. Operating Improvements 22