Staff Report for Committee of the Whole Meeting

Agenda Item 10 Staff Report for Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Department: Division: Subject: Corporate and Financial Services Office of the Clerk 2018 Municipal Election Purpose: To provide an overview of the 2018 municipal election strategy; to seek approval to use optical scan vote tabulators; and, to seek approval to establish the required compliance audit committee. Recommendation(s): a) That staff report SRCFS.17.004 be received; b) That, pursuant to section 42(1)(a) of the Municipal Elections Act, 1996, as amended, a by-law be enacted to authorize the use of optical scan vote counting equipment for the 2018 municipal election; c) That the establishment of a joint compliance audit committee for the 2018 2022 term of Council, with other interested York Region municipalities, be endorsed; d) That in the event that no other York Region municipality decides to participate in a joint compliance audit committee, the Clerk be authorized to recruit members of a Richmond Hill Compliance Audit Committee for the 2018 2022 term of Council; e) That the Clerk be authorized to present any by-law required to establish a compliance audit committee for the 2018 2022 term of Council, and any by-law required to appoint members of the compliance audit committee directly to Council for enactment; and f) That the 2018 municipal election financial strategy described in Staff Report SRCFS.17.004 be approved. Contact Person: Stephen M.A. Huycke, Director, Council Support Services/Town Clerk, Extension 2529 163

Town of Richmond Hill Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Page 2 Submitted by: "Signed version on file in the Office of the Clerk" David Dexter Acting Commissioner of Corporate and Financial Services Approved by: "Signed version on file in the Office of the Clerk" Neil Garbe Chief Administrative Officer Background: The next regular municipal election will take place on Monday October 22, 2018 ( Election 2018 ). Municipal elections are governed by the Municipal Elections Act, 1996, S.O. 1996, c. 32, (the Act or MEA ). As described in staff report SRCFS.16.034 (Attachment 1), the MEA was significantly amended in June 2016. The amendments to the Act include many changes to key election dates. Some of the significant election calendar changes are highlighted in Table 1. Table 1 - Changes to 2018 Election Calendar Activity Old Date New Date By-law authorizing the use of vote counting equipment and/or June 1, 2018 May 1, 2017 alternative voting methods Clerks procedures for vote counting equipment and/or June 1, 2018 December 31, 2017 alternative voting methods Approval of by-law for Questions on the Ballot April 25, 2018 March 1, 2018 Adoption of a policy on the use of corporate resources during the Not applicable May 1, 2018 election campaign period Nomination Period Opens January 2, 2018 May 1, 2018 Nomination Day September 8, 2018 July 28, 2018 As a result of changes to the election calendar, the Office of the Clerk is required to begin implementation of the Election 2018 project early in 2017. This report, therefore, provides an overview of some of the strategies proposed for Election 2018, and seeks Council approval of various recommendations where required by the Act. 164

Town of Richmond Hill Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Page 3 Election Technology The adoption of technology in elections is becoming a worldwide trend. Digital election tools, such as voter s list management software, on-line voter registration and internet voting are important tools necessary to modernize elections. Additionally, the use of election technology is a fundamental strategy to reduce barriers to voting for persons with disabilities. The recent amendments to the MEA recognize the importance of this trend by enacting specific legislative policies to permit and/or promote the use of technology in elections. Examples of these changes include: Removing the requirement for original signatures on all election forms (except the candidate nomination forms, voter proxy forms and third-party advertisers registration forms) to permit Clerks to use technology to receive and process various forms (e.g. voter list amendment forms) Extending the Clerk s powers to provide for electronic filling of Candidates financial statements. Clarifying when a candidate can receive campaign contributions electronically (e.g. by PayPal) Richmond Hill has been using the following types of elections technology for several election cycles: Optical Scan Vote Tabulators Voter List Management Software Laptops with electronic/live voters lists during advance voting Staff plans to continue to utilize technology in the administration of the Town s election, and to expand the use of election technology wherever possible. In particular, staff are examining opportunities to use technology for the reporting of candidates financial information. One of the primary forms of technology used in previous Richmond Hill elections is optical scan vote tabulators ( tabulators ). Section 42 of the MEA permits local municipal councils to enact by-laws authorizing the use of vote counting equipment (such as tabulators) in any municipal election or by-election. Tabulators continue to be a preferred vote counting method due to their accuracy and speed, as well as the fact that Richmond Hill voters are very familiar with the technology. Tabulators assist voters in ensuring that their ballots are properly marked by identifying errors on ballots before the vote is cast, reducing or eliminating the chances of spoiled ballots. Tabulators also reduce the chance of human error in counting votes. Based on the successful use of vote tabulators in previous elections, staff are recommending that Council approve their continued use during both the advance vote and on voting day in 2018. Compliance Audit Committee Section 88.37 of the MEA requires each municipality to establish a compliance audit committee before October 1 of an election year. The term of office for the committee is the same as Council. The committee is responsible for considering applications from 165

Town of Richmond Hill Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Page 4 eligible electors that believe, on reasonable grounds, that a candidate has contravened the Act. Additionally, as a result of the amendments to the MEA, the committee is also responsible for receiving a report that the Clerk is required to prepare following an election. Pursuant to the recently enacted Section 88.34 of the Act, the Clerk is required to examine all contributions made to all candidates as reported on their campaign financial statements. The Clerk is required to determine if any person has made contributions to one or more candidates that exceed the maximum permitted contributions under the Act, and provide the committee with a report on those persons who may appear to have contravened the maximum contribution rules. The currently in force maximum contribution rules for municipal election campaigns are $750 per candidate, to a maximum of $5000 to two or more candidates for office on the same council. These amounts may change, however, if the Modernizing Ontario's Municipal Legislation Act, 2016 ( Bill 68 ), introduced in the Legislative Assembly on November 16, 2016, is enacted. The Town of Richmond Hill participated in the Joint Compliance Audit Committee ( JCAC ) during the 2014 to 2018 term of Council with the City of Vaughan, the Towns of Aurora, East Gwillimbury, Georgina, Newmarket and Whitchurch-Stouffville, as well as the Township of King ( participating municipalities ). The JCAC permitted the participating municipalities to share, and therefore reduce, the overall cost of recruiting committee members as well as the cost of the initial retainer paid to committee members. Staff are proposing to once again participate in a Joint Compliance Audit Committee with other interested York Region municipalities and is seeking Council approval to recruit members of the new JCAC In the event, however, that no other York Region municipality agrees to participate in a JCAC, staff are seeking authorization to recruit for a Richmond Hill Compliance Audit Committee only. Questions on the Ballot The Act permits municipalities to place a question on the ballot, which is essentially a referendum, during a regular election. Section 8 of the MEA provides that Council of a municipality may pass a by-law authorizing a question on the ballot in respect to: A proposed by-law; A question not otherwise authorized by law but within Council s jurisdiction; A question, the wording of which is established by an Act or a regulation under an Act (i.e. pursuant to the Fluoridation Act). The Minister of Municipal Affairs may also direct that a question appear on the ballot. To appear on a ballot, a question: shall concern a matter within the jurisdiction of the municipality. shall not concern a matter which has been prescribed by the Minister as a matter of provincial interest. shall be clear, concise and neutral. shall be capable of being answered in the affirmative or the negative and the only permitted answers to the question are yes or no. 166

Town of Richmond Hill Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Page 5 The amendments to the MEA have changed the timeframes for Council to pass a bylaw authorizing a question on the ballot. If it is the intent of Council to place a question on the ballot for the 2018 election, Council must enact a by-law to submit a question to the electors by March 1, 2018. If Council is considering submitting a question to the voters, it is recommended that staff be directed to report back on the detailed rules for placing a question on the ballot. Policy Updates Council has adopted several policies that are linked to elections and the MEA. These include: Council Code of Conduct; Member of Council Expense Policy Member of Council newsletter procedures; and Use of Corporate and Communication Resources during an Election Year. The Use of Corporate and Communication Resources during an Election Year is now a mandatory requirement of the Act. Many of these policies have dates tied to the election calendar. For example, some policies establish Nomination Day as the date after which certain types of expenses cannot be incurred by Members of Council. As noted above, the amendments to MEA have changed many important election dates. In addition to this, Bill 68 will, if enacted, make further amend the MEA as well as the Municipal Act, 2001. The amendments in Bill 68 are expected to have an impact on many of the above noted policies. Following passage of Bill 68, staff will be making recommendations to Council to amend various policies. It is expected that this will be completed in the fall of 2017. Accessibility The Act requires the Clerk to prepare a plan regarding the identification, removal and prevention of barriers that affect candidates and voters with disabilities. The Act, as amended, also requires the Clerk to prepare and make public a report on the identification, removal and prevention of barriers that affect candidates and voters with disabilities. Staff will be, in consultation with the Accessibility Advisory Committee, seeking opportunities to enhance and expand the elections accessibility plan in place for the 2014 election, to continue to remove barriers to voting for persons with disabilities. A goal of the accessibility plan will be to improve access to voting technology to facilitate independent voting for persons with disabilities. Voting Locations Consistent with the rules in the Act and recognizing the ongoing development and growth of the Town, staff will be reviewing all of its voting locations to ensure that they are able to continue to accommodate the voters. Staff will be paying particular attention to the increased number of high-rise condominiums, and will be considering the feasibility of establishing voting locations in condominiums and apartment buildings with at least 100 or more dwelling units. Staff will also, in accordance with the MEA 167

Town of Richmond Hill Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Page 6 amendments, be developing a plan to effectively and efficiently provide voting opportunities for special voting locations such as hospitals and retirement centers. Communication Strategy Staff are always looking for new ways to communicate with the Town s residents. Municipal elections are important to the community and there is significant and important information that needs to be shared. Staff will, therefore, be developing a robust communication strategy for Election 2018. Traditional election communications have focused on where, when and how to vote, using traditional media (e.g. newspaper ads) and more recently, online communication tools such as social media and the Town's website. The proposed communication strategy will focus on what the Town does and why voting is important. The strategy will also connect the Town with many sectors of the community, and will leverage modern communication tools such as social media. Staff will also look for opportunities to effectively communicate with youth and to translate election information into different languages to reflect the needs of the diverse community. Election Staffing One of the key improvement areas proposed for Election 2018 is in the staffing model for the project. Election staffing has two components. Firstly, there are staff assigned to lead and administer the overall election project both prior to and after voting day. Secondly, there are the temporary election workers who are hired to work at voting locations during the advance vote and on Election Day. Staff have identified a need to have more full-time staff available to effectively lead and administer the election project. Staff are proposing to allocate resources in the election budget to hire an Elections Coordinator on a one year contract. The proposed Elections Coordinator will permit the Office of the Clerk to effectively manage the election project while also fulfilling its non-election related responsibilities to Council, residents and other staff. Additionally, the Office of the Clerk as part of its 2017 Operating Budget submission is proposing to replace the vacant Manager, Project and Support Services position with a Legislative & Accessibility Coordinator and Access & Privacy Officer. One of the important responsibilities of the proposed Legislative & Accessibility Coordinator will be to assist the Office of the Clerk in managing the election project, especially during the years immediately before and after an election. Staff will also be reviewing and updating the temporary election staffing model to ensure that voting locations operate more efficiently. Financial/Staffing/Other Implications: Richmond Hill s election budget funds the planning, operation and execution of every municipal election, including all post-election related expenses. Annually, in nonelection years, the Town provides for the municipal election administration through contributions to the Election reserve. In the election year the balance in the reserve as well as the costs associated with any enhanced program are transferred to the 168

Town of Richmond Hill Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Page 7 operating fund to cover the costs of the election. Council approved annual transfers of $200,000 to the Election reserves as part of the 2014 budget in anticipation of election expenses of $800,000 for 2018. As a result of growth in the Town, increased costs associated with election technology, election staffing and postage it is expected that total 2018 election expenses are estimated to be $865,000. The 2018 Election Budget, excluding any new initiative, is highlighted in Table 2. Table 2 2018 Election Budget: Type of Expense Election Technology Election Office Staffing (full-time contract workers) Advance Vote and Voting Day Election Workers Election Supplies, Printing and Postage Communication Strategy 2014 Election Expenses 2018 Estimated Election Budget $366,000 $396,000 $65,000 $140,000 $140,000 $140,000 $111,000 $125,000 Nil $40,000 Comments Council Inaugural $21,000 $22,000 Inflationary costs Compliance Audit Committee (recruitment, and training only) $2,000 $2,000 Totals $705,000 $865,000 Population growth will require more voting locations and voting equipment. Population growth will also require the printing of more ballots. Recruitment of an Election Coordinator on a 1 year contract, and an Election Assistant on a 5 month contract, to effectively manage the election and maintain core Office of the Clerk services. No budget increase required as a result of change in voting location staffing model. Population growth and inflationary costs will require an increase in election supplies, printing and postage. To support a dedicated voter engagement strategy, as well as increased translation costs. No change. Post-election expenses tobe funded from the Tax Rate Stabilization Reserve and/or any annual operating surplus. To ensure sufficient funds are available to effectively manage the election project, staff recommend that the estimated election budget shortfall of $65,000 ($865,000 less $800,000 allocated through annual contribution to the elections reserves) be funded from the Tax Rate Stabilization Reserve. The base budget in Table 1 includes all estimated expenses to administer the election up to and including Election Day, as well as the Council Inaugural. The proposed budget does not include any allocation for post-election expenses such as recounts and 169

Town of Richmond Hill Committee of the Whole Meeting Date of Meeting: February 6, 2017 Report Number: SRCFS.17.004 Page 8 compliance audits. Post-election expenses have not been included given the reasonable probability that none will be incurred. Should any post-election expenses for recounts or compliance audits be incurred, staff recommend that these be funded from any annual operating surplus that may be available in the year in which the expense is incurred, or by a combination of the annual operating surplus and a draw on the Tax Rate Stabilization Reserve as determined by the Treasurer. Relationship to the Strategic Plan: Goal one of the Strategic Plan relates to stronger connections in Richmond Hill. The Strategic Plan further outlines the need to create opportunities and places for people to connect and get involved. Municipal elections represent the foremost way in which the community can get involved in their community. Conclusion: The next regular municipal election will take place on Monday, October 22, 2018. Due to recent amendments to the MEA, the Clerk is required to begin to implement various aspects of Election 2018 early in 2017. Council is being requested to approve the use of optical scan vote tabulators for the 2018 election. Council is also being requested to approve participation in a York Region Joint Compliance Audit Committee. Attachments: Attachment 1 Staff Report SRCFS.16.034 170

omo RJCHMOND HILL ().. () () () ().. () 0 '... ' 0 0 I N C ORPORATE D 187 3 0 Attachment 1 to SRCFS.17.004 Staff Report for Committee of the Whole Meeting Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 Department: Division: Corporate and Financial Services Office of the Clerk Subject: Purpose: Amendments to the Municipal Elections Act To provide an overview of recent amendments to the Municipal Elections Act, 1996. Recommendation( s): That staff report SRCFS.16.034 be received for information. Contact Person: Stephen M.A. Huycke, Director, Council Support Services/Town Clerk, Extension 2529 Submitted by: DavidD~ Acting Commissioner of Corporate and Financial Services/Treasurer Chief Administrative Officer 171

Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 Page2 Background: The Municipal Elections Modernization Act, 2016 ("Bill181") was introduced into the Ontario Legislative Assembly on April 4, 2016, and received Royal Assent on June 9, 2016. Bill181 has significantly amended the Municipal Elections Act, 1996, S.O. 1996, c. 32 ("MEA" or "the Act"). The amendments to the MEA will have an impact on the administration of the 2018 Richmond Hill general municipal election ("Election 2018"), and any other general municipal election or by-election in the future. Most amendments to the MEA fall into one the following categories: Election calendar; Candidates Period and Nominations; Campaign Finance; Elections signs and advertisements; Recounts; Enforcement; Third Party Advertising; Ranked Ballots. Miscellaneous Amendments. Of these categories, third-party advertising and ranked ballots are new municipal election initiatives. The others are amendments to the current framework. Each of the legislative changes is further discussed below. Election Calendar Bill 181 has made significant changes to the regular municipal elections calendar. The most important changes to the calendar are set out in Table 1. T a bl e 1 -Ch anges t o 2018 El ec1on f C a I en d ar Activity Old Date New Date. ' "!'; Nomination Period Opens January 2, 2018 May 1, 2018 Nomination Day September 8, 2018 July 28, 2018 By-law authorizing the use of vote counting equipment and/or June 1, 2018 May 1, 2017 alternative voting methods Clerks procedures for vote counting equipment and/or June 1, 2018 December 31, 2017 alternative voting methods Approval of by-law for Questions on the Ballot April 25, 2018 March 1, 2018 As a result of these changes, some of the key council decisions on the use of voting equipment and questions on the ballot will have to be made much earlier than in past election cycles. Any such requirement will be addressed in a future staff report. 172

Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 Page3 Campaign Period and Nominations The campaign period is the only time in which a candidate can receive election contributions and incur election related expenses. The campaign period for a regular election begins on the day a candidate files his or her nomination form with the Clerk, and ends on the earlier of the day on which the candidate withdraws his or her nomination or December 31 of the election year. The period in which candidates can be nominated for election has been significantly changed by the recent MEA amendments. In previous regular elections, nominations could be filed with the Clerk beginning on the first business day in January through to and including the second Friday in September. Nominations can now only be filed between May 1st of a regular election year and the fourth Friday in July. As such, the maximum campaign period for a regular election has been reduced from approximate one year to seven months. In addition to the changes to the length of campaign period, the Act has been amended to require candidates for an office on a municipal council to be endorsed by twenty-five eligible electors as part of the nomination process. The Ministry of Municipal Affairs ("the Ministry'') will be preparing new nominations forms prior to the Election 2018 related to the endorsement by the eligible electors. The Ministry has indicated that the individuals endorsing a candidate will have to sign a declaration stating that they are eligible to vote in the municipality on the day that they signed the endorsement. Campaign Finance The Act's campaign finance rules have also undergone significant amendments. The Government of Ontario has indicated that the intent of the changes is to help ensure that the campaign finance rules are consistent with transparent, accountable, fair and modern election finance practices. Highlights of the changes are as follows: contributions from corporations and unions to candidates for municipal council or school board have been banned; contributions from corporations and unions to registered third-party advertisers are permitted; new spending limits for parties and expressions of appreciation after voting day will be established by regulation; following the 2018 municipal election, candidates will not be able to carry forward deficits to a future election; candidates will be required to inform contributors of maximum contribution limits permitted (i.e. $750 per candidate, to a maximum of $5000 in the same municipality); candidates will not have to open a bank account if they do not raise or spend money; the amount of a donation at a fund raising event that is not considered a contribution has been increased from $10 to $25; and the rules on what are or are not election contributions and election expenses have been clarified. 173

Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 Page4 Election Signs and Advertisements Rules in the MEA related to election signs and campaign advertisements have been clarified and strengthened. To ensure accountability, candidates must now ensure that any election signs and advertisements actually identify the candidate. Additionally, to ensure fuller participation in the electoral process, tenants in apartments and condominiums have been given the rights to display campaign signs, subject only to the landlord or condominium corporation being permitted to set reasonable conditions relating to the size and type of sign displayed. Recounts In the old version of the Act the ability to conduct a recount is limited to three circumstances: where the counting of ballots has resulted in a tie vote; where the Council or Minister of Municipal Affairs has decides a recount is required; where an elector's request for a recount has been granted by the Superior Court of Justice. The MEA has been amended to permit municipalities and school boards to adopt a policy before an election to address the circumstances in which the Clerk will be required to hold a recount of the vote. For example, council may decide before an election that it is the policy of the Town that if two candidates are within 5 votes of each other a recount will be held without the need for a request to be made of Council or the Courts. Enforcement The MEA enforcement provisions have been amended, especially as they relate to campaign finance rules. In future elections, all candidates will be entitled to receive a refund of his or her nomination fee only if they file the required financial statement (and auditors report were required) by the legislative deadline. Previously, nominations fee refunds were only provided to candidates who received a certain percentage of the vote cast. Additionally, the Act has been amended to provide a thirty day grace period for submitting financial statements provided that the candidate and registered third-party advertisers who files financial forms within the thirty day grace period also pays a $500 late fee. In past elections, late financial filings could not be accepted by the Clerk, resulting in the candidate automatically being in default. The only recourse to remedy the default prior to the MEA amendments was for a candidate to seek relief from the courts. In addition to the above rules, the Act has been amended to help enforce the maximum contribution limits to candidates and third-party advertisers. The Clerk now has a duty to review the contributions that are reported on all of the financial statements submitted by candidates and third-party advertisers. If a contributor appears to have given more than the contribution limits allows, the Clerk will be required to report this to the 174

Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 PageS compliance audit committee which can decide whether to commence a legal proceeding against the contributor. Third Party Advertising The MEA has been amended to regulate, for the first time in municipal elections, thirdparty advertisements. Third-party advertisements are those that support, promote or oppose a candidate, or support, promote or oppose a 'yes' or 'no' answer to a question on the ballot. Third party advertisements do not, however, include advertisements that support or oppose an issue. Individuals, corporations or trade unions that will incur expenses by advertising in any broadcast, print, electronic or other medium during the "restricted period" will be required to register with the Clerk before incurring any expenses. The restricted period begins on the day that Nominations for the election can be filed and ends at the close of voting on voting day. Essentially this means that if an individual, corporation or trade union is going to publish advertisements that are in support of or oppose a candidate or a question on the ballot after May 1 in a regular election year, they must first be registered by the Clerk before spending any money on the advertisements. Once registered, a third-party advertiser is subject to similar campaign finance rules as candidates such as spending limits, rules on contributions, and the requirement to file a financial statement with the Clerk. It should be noted that federal and provincial political parties, federal, provincial and municipal governments, local boards, and municipal candidates are not permitted to register as third-party advertisers. The amendments to the Act related to third-party advertisement also include rules related to information that a registered third-party advertiser must include in any advertisement. They will be required to provide the public with the following information: the name of registered third-party; the name of municipality where the third-party is registered; a telephone number, mailing address or email address at which the third-party may be contacted regarding the advertisement. Ranked Ballot Elections Bill 181 amended the MEA to allow municipalities the option of using ranked ballots in future elections as an alternative to the current first-past-the-post system. Ranked ballots allow a voter to rank candidates in order of preference (first choice, second choice, third choice, etc.) instead of just voting for one candidate. The amendments to the Act only permit ranked ballot elections for offices on municipal council, not school board trustees. There are two types of ranked ballots: single-member ranked ballot elections and multimember ranked ballot elections. In Richmond Hill, single-member ranked ballots would apply to the Office of the Mayor and Office of Ward Councillor where only one candidate is elected to each office. For the Office of Regional and Local Councillor, the multimember ranked ballot election would apply as two candidates are elected to that office. 175

Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 Page6 In a ranked ballot election, candidates for office would have to cross a "threshold" of votes to be elected. The formulas to calculate the threshold in a ranked ballot election is calculated by dividing the total number of votes cast for the office by the number of candidates to be elected. For a single-member ranked ballot election (e.g. for Mayor or Ward Councillor), the threshold (which is equal to 50% plus 1 of the votes cast) is as calculated as follows: 100% of Votes Cast ) Threshold = (.. + 1 1 candidate will be elected + 1 In a multi-member ranked ballot election (e.g. for Regional Councillor), the threshold to be elected is calculated as follows: number of votes cast ) Threshold = (. + 1 number of candidates to be elected + 1 To cross the threshold in both a single-member ranked ballot election and multi-member ranked ballot election, votes would be distributed among candidates based on the ran kings indicated by the voter on the ballot. There would be various 'rounds of vote counting' where the candidate receiving the lowest number of votes would be dropped from future counts, and his or her votes redistributed based on the rankings assigned to other candidates on the same ballot, until the threshold is met. Additionally, in the case of a multi-member ranked ballot election, a candidate who has passed the threshold and been elected would have votes that were not needed to win redistributed to other candidates based on rankings on the ballots. To put the multi-member ranked ballot election calculations into context, the threshold to be elected to Office of Regional & Local Councillor in the 2014 municipal election would have been 19,588 votes calculated as follows: 58,759 total votes cast ) 19,588 = (. + 1 2 candidates to be elected+ 1 In.the 2014 municipal election, the total number of votes received by the current Regional & Local Councillors was 16,112 and 14,145, respectively. As such both successful candidates received 3,476 and 5,443 less than the threshold to be elected if the election had been a multi-member ranked ballot election. Essentially this means that in subsequent rounds of vote counting, the current Regional & Local Councillors would have had to have been ranked as second, third, etc., choices of various voters in order to have been elected. Many of the rules that would apply to implementing a ranked ballot election will be contained in regulations that have not yet been enacted. Staff are concerned that implementing ranked ballot elections may have negative impact on the outcomes of Election 2018. Ranked ballot elections are a fundamental change to the manner in which Canadians are used to voting. Canada, at all levels of government, has used the 176

Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 Page7 first-past-the-post system to elect its representatives since Confederation. Canadians have no experience with ranked ballot elections, and demonstrating the legitimacy of elections results where votes are redistributed between candidates based on rankings, may be difficult. Draft regulations released by the Government of Ontario in June 2016 suggest that ranked ballot voting by a municipality will only be permitted if used for all the offices on the council (i.e. for Mayor, Regional & Local Councillor and Ward Councillor). If these regulations are enacted, the Town would essentially be conducting three different types of elections (i.e. single-member ranked ballot election for Mayor and Ward Councilors; multi-member ranked ballot for Regional Councillor; and, firstpast the post for school board trustees). Attachment 1, copied from the Ministry's website, contains a "Follow Your Ballot" example for a single-member ranked ballot election and multi-member ranked ballot election. These examples demonstrate how votes are redistributed between candidates to meet the required thresholds, and also demonstrate how difficult and potentially confusing ranked ballots can be to administer and calculate. Election voting equipment vendors have assured Town Staff that the technology to properly conduct a ranked ballot election is available. However, there are very many questions that remain to be answered about the impacts of changing the voting system. Should Council wish to further explore holding a ranked ballot election, it is recommended that staff be directed to provide a further report to Council on this topic. Miscellaneous Amendments of Note In addition to the above noted significant amendments to the MEA, there are other amendments to the Act that should be noted. Firstly, the Clerk's powers and duties have been strengthened. For example, Clerks have been given the authority to determine the dates and times for advance voting, as well as reduced voting hours for certain institutions such as hospitals and long-term care facilities. Secondly, the Act has been modernized in view of the digital age. Voters are now prohibited from taking photographs or videos of their marked ballots, and original signatures will only be mandatory for nomination forms, third party advertiser registration forms and proxy appointment forms, meaning that the Clerk has greater flexibility to use technology for the submission of various forms (such as request to amend the voters list) Financial/Staffing/Other Implications: There are no financial implications arising from adopting the recommendation in this report. Any financial implications from amendments to the MEA on Election 2018 will be addressed in a future staff report on specific administrative elements related to that election Relationship to the Strategic Plan: Effective implementation of changes to the Municipal Elections Act, 1996, relates to the strategic plan goal of.. Stronger Connections in Richmond Hill" by enhancing a fundamental democratic responsibility on the part of the Town. 177

Date of Meeting: September 6, 2016 Report Number: SRCFS.16.034 PageS Conclusion: The Municipal Elections Act, 1996 has been significantly amended by the enactment of the Municipal Elections Modernization Act, 2016. The amendments will have impact on the administration of Election 2018. This report provides an overview of the significant changes. A future staff report will address specific decisions on the 2018 election, including, for example, the use of vote counting equipment/alternative voting methods and questions on the ballot. Attachments: Attachment 1 - Ministry of Municipal Affairs and Housing "Follow Your Ballot: An example of a ranked ballot election" (http://www.mah.gov.on.ca/page11118.aspx) 178

SRCFS.16.034- Attachment 1 Date: September 6, 2016 Page 1 Ministry of Municipal Affairs and Housing (http://www.mah.gov.on.ca/page11118.aspx) Follow Your Ballot: An example of a ranked ballot election Follow a ballot and learn what happens in a single-member and multi-member ranked ballot election. Single-member election: an election where one candidate is elected In this election, you are being asked to vote on the kind of fruit that will be served as a snack. Ranking the ballot With ranked ballots you can rank your choices from your most preferred to least preferred option. You rank the choices as follows: Cherry 1 Pear 2 Strawberry 3 Apple 4 Calculate the threshold to be elected Thirty people voted, and only one fruit can be chosen. Sixteen votes are needed for a fruit to be elected (50 per cent of 30 votes is 15 votes, plus one makes it a majority). Count the first choice votes After the ballots are distributed according to first choices, the vote count looks like this: @@ cherry strawberry pear apple 1st count 5 6 9 10 None of the fruits has received enough votes to be elected. 179

SRCFS.16.034 -Attachment 1 Date: September 6, 2016 Page 2 Eliminate the option in last place and redistribute those ballots to other candidates Your first choice, Cherry got the fewest votes. Your ballot will now be given to your second choice, Pear. (The ballots of everyone else who voted for Cherry as their first choice will also be redistributed to their second choices). After the 5 Cherry ballots are distributed, the new vote count is: cherry strawberry pear apple 6 9 10 2nd count 7 13 10 After the second round of counting, none of the fruits has received enough votes to be elected. Drop the last place and redistribute those ballots Strawberry now has the fewest votes. Your ballot stays with your second choice, Pear. After the 7 Strawberry ballots are redistributed, the new vote count is: strawberry pear apple 13 10 3rd count 13 Pear is elected with 17 votes. Even though your first choice didn't get elected, your ballot helped your second choice to win. 180

SRCFS.16.034 -Attachment 1 Date: September 6, 2016 Page 3 Multi-member Election: an election where more than one candidate is elected In this election, you are being asked to vote on what new equipment should be installed in your neighbourhood park. Three pieces of equipment will be chosen out of a possible six. Ranking the ballot With ranked ba llots you can rank your choices from your most preferred to least preferred option. You rank your choices as follows: Monkey bars 4 Picnic Table 5 Sandbox 3 Slide 6 Swings 1 Treehouse 2 Monkey bars 1#41 Picnic table I# sl Sandbox 1#31 Calculate the threshold to be elected In a multi-member ranked ballot election, the number of votes needed to be elected will depend on how many seats are being filled. In this example, one hundred people voted, and three pieces of equipment will be chosen. In order to be elected, a piece of playground equipment must earn twenty-six votes. To do the math, one hundred votes divided by 4(3 pieces of equipment wi ll be chosen, plus one is 4) is 25 votes, plus one is 26. 181

SRCFS.16.034 -Attachment 1 Date: September 6, 2016 Page 4 Count the first choice votes After the ballots are distributed according to first choices, the vote count looks like this: 40.... 30.... 20 13 votes surplus 26 votes to be elected 10 1st count 12 7 16 19 39 7 My vote: Monkey Picnic Sandbox Slide Swings Treehouse bars table Swings has received more than 26 votes, and is declared the winner. 182

SRCFS.16.034- Attachment 1 Date: September 6, 2016 Page 5 Distribute the surplus Since the threshold is 26 votes, and Swings got 39 first choice votes, Swings got 13 more votes than is needed to be elected. Swings has a surplus of 13 votes. Thirteen divided by 39 is one-third. This means that Swings only needed two-thirds of your vote {along with two-thirds of the vote of everyone else who had Swings as a first choice) to be elected. The two-thirds of your vote tha t Swi ngs needs to be elected will stay with Swings. The other one-third of your vote will be given to your second choice, Treehouse. Each ballot that had Swings as the first choice will give one-third of their vote to their second choice. After the ballots are redistributed, the new vote count is: 40 30 20 10.. j...... 13 surplus votes distributed 26 votes to be elected 2nd count 15.66 12 20 19 26 7.33 1st count 12 7 16 19 39 7 My vote: Monkey Picnic Sandbox Slide Swings Treehouse bars table Round 1 total Votes added New total Monkey Bars 12 11 ballots worth 1/3 each: 3.66 votes 15.66 Picnic Table 7 15 ballots wo rth 1/3 each: 5 votes 12 Sandbox 16 12 ballots worth 1/3 each: 4 votes 20 Slide 19 0 votes 19 Swings 39-39 ballots worth 1/3 each: -1 3 votes 26 elected Tree house 7 1 ballots worth 1/3 each: 0.33 votes 7.33 As it turns out, yours was the only ba llot of the one hundred votes that chose Swings as the first choice and Treehouse as a second choice. Treehouse's vote tota l increased by one-third of a vote. None of the candidates other than Swings has earned the 26 votes needed to be elected. 183

SRCFS.16.034- Attachment 1 Date: September 6, 2016 Page 6 Drop the last place and redistribute those ballots Treehouse got the fewest votes, so it is eliminated. Treehouse's votes are now redistributed. Your one-third of a vote will be transferred to your third choice, Sandbox. After the Treehouse votes are redistributed, the new vote count is: 26 votes to be elected 3rd count 16.66 14 22.33 21 26 x 2nd count 15.66 12 20 19 26 7.33 1st count 12 7 16 19 39 7 7.33 votes distributed My vote: Monkey Picnic Sandbox Slide Swin gs Tr~use bars table Round 2 total Votes added New total Monkey Bars 15.66 1 16.66 Picnic Table 12 2 14 Sandbox 20 2.33 22.33 Slide 19 2 21 Swings 26 elected 0 26 elected Tree house 7.33-7.33 votes redistributed 0 None of the other candidates has earned the 26 votes needed to be elected. 184

SRCFS.16.034 -Attachment 1 Date: September 6, 2016 Page 7 Drop the last place and redistribute those ballots Picnic Table has the fewest votes, so it is now eliminated. Picnic Table's votes are now redistributed according to their next choice. 40.... 30.... 20 10 26 votes to be elected 14 votes distributed 4th count 21.66 x 26.33 26 26 x 3rd count 16.66 14 22.33 21 26 x 2nd count 15.66 12 20 19 26 7.33 1st count 12 7 16 19 39 7 My vote: Monkey bars Sandbox Slide Swings Tr~use Round 3 total Votes added New total Monkey Bars 16.66 5 21.66 Picnic Table 14-14 0 Sandbox 22.33 4 26.33 elected Slide 21 5 26 elected Swings 26 elected 0 26 elected Treehouse 0 0 0 Sandbox and Slide have each earned 26 votes, so they have reached the threshold to be elected. Recall that in this election, three pieces of equipment were to be elected out of a possible six. Since three candidates have reached the threshold, the counting stops. The three winning candidates are Sandbox, Slide and Swings. 185

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