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HomeMy WebLinkAboutCLD-027-09~j~' n REPORT /eadtngLlae W~I~~C]LgtO CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 7, 2009 ~eSJ ~ i-c'~'D~ ~ G ~~ - ~n S6-d Report #: CLD-027-09 File #: By-law #: X069- /7'y Subject: 2010 MUNICIPAL ELECTIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-027-09 be received; 2. THAT a by-law establishing the hours and dates of the advance votes for the 2010 Municipal Election be passed; 3. THAT the Municipal Clerk be authorized to place advertisements in the local newspapers as determined necessary in order to increase awareness of the election process among the Municipality's electorate; and 4. THAT Kerry Maydem and Louis Bertrand be advised of Council's decision. Submitted by: PLB*AG ~~~~~ ~ Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-027-09 Page 2 of 14 1.0 BACKGROUND AND COMMENT At the Council meeting held on October 26, 2009, Council passed a resolution to change the method of conducting municipal elections in the Municipality from Mail-In Voting and return to a Traditional Paper Ballot at voting station locations, using a manual count of the ballots. The resolution also called for the use of a similar number of polling stations and the same principles, rules and procedures used by the Government of Canada and the Province of Ontario to conduct their elections. Following that meeting, on November 9, 2009, Council passed a resolution directing the Municipal Clerk to report on the costs, benefits, possible drawbacks and other information that the Municipal Clerk deems pertinent, regarding automatic vote tabulation in comparison with a manual count with respect to the 2010 Municipal Elections. 2.0 MANUAL COUNT VS. VOTE TABULATORS The following information is prepared in response to the request for staff to compare vote tabulation equipment to manual counting of ballots. 2.1 Optical Scan Optical scan technology is used worldwide for the tabulation of paper election ballots. Tabulators are generally referred to as poll count tabulators and central count tabulators. The poll count style is a small, rather compact unit, which is typically used at each designated voting location. The central count tabulator is used more for applications such as mail-in balloting or where a traditional voting location type of election is conducted but the ballots are transferred to election central for tabulation. The Municipality of Clarington used centralized optical scanners in 2006 to tabulate the election results and the equipment proved very REPORT NO.:CLD-027-09 Page 3 of 14 successful for us. According to a survey conducted by AMCTO, all other municipalities within Ontario with an electoral population similar to Clarington or greater, with the exception of one, will be conducting their count in 2010 using vote tabulating equipment; a change since 2006 where there were three. While the use of poll count tabulators would be new to Clarington, staff have more than 15 years experience using a variety of optical scan technologies for conducting municipal election counts. Poll count tabulators are very reliable, durable and stable. Although there are various suppliers, the general principles are the same. Each unit contains an onboard memory and is programmed to accept only particular ballot designs and specifications. The units have apass-through process, similar to a desktop scanner, which ensures that the ballot is not subject to damage. As well, there is aback-up battery in the event of power failure. Depending on the supplier, some units capture an electronic image of the ballot and associate that with a text record of how the ballot was interpreted and counted; an excellent tool in the event of a recount. The vote tabulator hardware and software may be programmed so that: • A printed record of the number of votes cast for each candidate is provided; • A ballot that is damaged or defective or has been marked in such a way that it cannot be properly processed by the scanner shall be returned to the Election Official; • An over-voted race (ie, where more votes are marked than are allowed for any given race) shall be rejected and shall be returned to the Election Official; • An under-voted race (ie, where fewer votes are marked than are allowed for any given race) shall be rejected and shall be returned to the Election Official; REPORT NO.:CLD-027-09 Page 4 of 14 • A blank ballot (ie, no votes indicated in any race on the composite ballot) shall be rejected and shall be returned to the Election Official; and • The threshold which will constitute a valid vote based on calibration of the scanner will be set at the Municipal Clerk's discretion. 2.2 Process Comparisons The following is a brief summary of the voting process and a comparison between the Poll Count Tabulator and a Manual Count. Note that the differences in the two systems have been highlighted. Poll Count Tabulator As each elector enters the voting location, the Traffic Clerk directs the elector to the appropriate Ballot Clerk. As each elector arrives at the Ballot Clerk's table, the Ballot Clerk verifies that the name of the person is entered on the Voters' List. Manual Count As each elector enters the voting location, the Traffic Clerk directs the elector to the appropriate Deputy Returning Officer (DRO). As each elector arrives at the DRO's table, the DRO verifies that the name of the person is entered on the Voters' List. The Ballot Clerk issues the appropriate The DRO issues the ballot along with a marker and secrecy along with a pencil. The elector immediately proceeds into the voting compartment and marks the ballot by marking in the space provided to the right of the candidate's name for which the elector wishes to vote. Examples of acceptable voting marks: The. elector immediately proceeds into the voting compartment and marks the ballot by marking in the space provided to the right of the candidate's name for which the elector wishes to vote. marks: REPORT NO.:CLD-027-09 Page 5 of 14 Candidate O Candidate O Candidate ~ Candidate O Candidate Candidate O Candidate • Candidate O The elector places the ballot into the The elector folds the ballot and secrecy folder and delivers it and the delivers it and the pencil to the DRO. marker to the DRO. The DRO immediately requests that The DRO immediately deposits the the elector please remain until the folded ballot into the ballot box. vote tabulator has successfully accepted the ballot. In full view of the elector, the DRO places the secrecy folder containing the completed ballot on the vote ' tabulator and the vote tabulator automatically feeds the ballot to the ballot box. The vote tabulator is programmed to NIA reject over-voted races, under-voted races, blank cards or invalid ballots (ie, ballots not produced under the authority of the Municipal Clerk). Where the ballot is rejected, the vote tabulator would eject the ballot and provide a message to the DRO on the display screen. The elector would then be advised of their option to correct the error or not. REPORT NO.:CLD-027-09 Page6of14 fiabuiation / Cc3untitag Process Poll Count Tabulator Manual Count After the close of the voting location and After the close of the voting location and once every elector in the voting location once every elector in the voting location at the close of voting has had an at the close of voting has had an opportunity to cast their ballot, the vote opportunity to cast their ballot, the tabulator will be directed to print the Election OfFicials will unseal the election results. The results are ballot box and begin to count the printed. The box is sealed. ballots. They separate the ballots into piles based on ballot type and then proceed, using a tally sheet, to count the votes for each office beginning with the Office of Mayor. The counting process is repeated for each office. The DRO has the final decision but his/her decision may be challenged by a scrutineer. While any ballot which could potentially indicate the identity of the elector who cast the ballot shall be rejected, there are several situations wherein the DRO must use discretion in determinin the voter's intent. REPORT NO.:CLD-027-09 Page 7 of 14 Poll Count Tabulator Prior to voting day, each vote tabulator is run through a logic and accuracy test with a test deck of ballots. The results are compared with a manual count of the same test deck. This is an open process and is undertaken to ensure the hardware NIA Manual Count and software are Prior to the opening of the poll on voting day, the Election Officials and anyone else present witness that the ballot box is empty and the "zero totals report" is printed. This shows that the tabulator count is zero and the votes cast is zero. Following voting day, each vote tabulator is run through a logic and accuracy test with a test deck of ballots. The results are compared with a manual count of the same test deck. This is an open process and is undertaken to ensure the hardware Prior to the opening of the poll on voting day, the Election Officials and anyone else present witness that the ballot box is empty. To ensure that the equipment has performed properly, the images of the ballots may be reviewed along with the interpretation file generated by the system; as well, each machine is run through a series of tests both before and after the election. As can be seen through the process comparisons above, the use of vote tabulating equipment at the voting location has minimal, yet positive, impact on the elector's voting process. Each elector who may have completed their ballot in a manner that cannot be counted by the equipment is afforded the opportunity to correct their mistake, without compromising their voting secrecy, thereby eliminating the opportunity for others to apply their discretion in determining voter intent. REPORT NO.:CLD-027-09 Page 8 of 14 Vote tabulating equipment tallies the votes based on the programmed mark threshold determined by the Municipal Clerk. With a manual count, votes are counted by Election Officials after working 10 straight hours and who may be subject to influence by other Election Officials and/or scrutineers. It has been determined that the margin of error during a manual count of composite ballots using a tally sheet is 6%. 3.0 VOTING SUBDIVISIONS Section 18(1) of the Municipai Elections Act, 9996, as amended (the Act) provides the Municipal Clerk the authority to divide the municipality into voting subdivisions. In 2000 when Clarington implemented Vote by Mail, the voting subdivisions were removed as there was no longer a need for them. In determining the voting subdivisions, the Municipal Clerk will consider the following factors: the number of eligible electors, the geography of the area, and the vote counting method. The Act is silent on the number of electors to be included in each voting subdivision, however previous experience proves that a maximum of 300 eligible electors be the target for each voting subdivision where a manual count is being conducted. This maximum has proven to be a fair volume of electors to be processed during voting day by the DRO and Poll Clerk team, and to be the maximum number of ballots expected to be counted by the DRO and Poll Clerk at the close of the vote. Any significant change in this maximum could impact the degree of accuracy in the results. Given this equation, with our 61,100 eligible electors, there will be approximately 203 voting subdivisions, plus advance polls, in the Municipality of Clarington for the 2010 elections. When using vote tabulating equipment, the size of the voting subdivision is driven more by the ability of the voting location to accommodate the number of eligible electors rather than the quantity of ballots to be counted. REPORT NO.:CLD-027-09 Page 9 of 14 The Province runs 146 voting subdivisions, accommodated through approximately 40 voting locations within Clarington, which equates to approximately 418 electors per poll. The difference in the number of electors between a Provincial Election and a Municipal Election can be accounted for by the difference in the complexity of the ballot. In the last Provincial Election, the layout of ballots in each voting subdivision was as follows: REPORT NO.:CLD-027-09 Page 10 of 14 A sample of the Ward 2English-Language Public School Board ballot from the last Municipal Election is shown below: Mt11~lYC3PA~.ITY' i1F CtJ1~~tl~+liiTt}N Miepidpat ~ Mcx~day, M ~3; 2605 ~ 4Nad MA ' ~1°~ .. tsa~aerw+xrt tioltramre ~et~E" 'werq» CNA$fPItVtC1~ ` . ...; awn llcY4~lEIlE :.. d MIYTT€,....', wry f~V~R{, ~i am ~IiR4R ~ YAYK Dw'ii f ~` ~ wcNeea 1MA111Cr a.oc NK~TTtN ut~ret ." VcY4una-a t i M.,:. .. . ;i ,., C ; ~ i ~ „ iw xnn 9TUNEIY .___ ~, ® __.. ~ f9id 1t1~ A1fN~ pptiCiA Irk mB/kld `S~lG'm6y Seal UMt Mn'Ydtl!pt. Y E BAI.[dTf PEdt IVY! ^ ^ EnD~sh®l~nguape Pt~Ed~ 5chocl~ ~' ~._.~ ;;. ~ ;' . ~ 6 ; I' " REPORT NO.:CLD-027-09 Page 11 of 14 4.0 ELECTION COSTS The last election that the Municipality ran using a traditional vote and a manual count was in 1997. At that time, the number of eligible electors in the Municipality was 44,980 and the actual cost of running the election was $134,280. The Municipality would have been divided into approximately 130 polls. In comparing the manual count system to the vote tabulating equipment, a great difference of cost is found in the staffing required. With a manual count, each of the voting subdivisions and the advance polls will require a DRO and a Poll Clerk. Additionally, at voting locations where there are more than two voting subdivisions casting ballots, there will also be a Traffic Clerk to assist in directing electors to the appropriate table and at least one Revision Clerk. With the use of vote tabulating equipment, each of the locations would require one DRO, at least four Ballot Clerks, two Revision Clerks and one Traffic Clerk. Also, in a manual count, the number of individuals required at the Municipal Administrative Centre to receive and input the initial election results and to meet the DROs and collect their statements and supplies is greater than that required with the vote tabulators. A comparison of initial cost estimates for running the election using a manual count and by using vote tabulators has been completed as follows: REPORT NO.:CLD-027-09 Page 12 of 14 ll~anual `Count ! Vo#e Tabulators Election Officials votin locations $90,500 $35,000 Temporary support staff (Municipal Clerk's office $13,000 $8,000 Election Su lies ens, boxes, to e, etc $35,000 $35,000 Printing & Reproduction (ballots, voters' lists, forms $10,000 $10,000 Posta a voter notification cards $22,000 $22,000 Advertisin $6,000 $6,000 Vote tabulating equipment hardware/software $0 $63,000 Recordin and Results Dis la Software $28,000 $0 A.V. a ui ment for accessibilit $17,000 $17,000 List Mana ement Software $12,000 $12,000* Voter Notification roduction $4,000 $4,000 Votin Location rentals $9,000 $1,000 Total $233,500 $204,000 Note that in reviewing the previous staff report, Report CLD-020-09, it has been determined that the amount of $12,000 for list management software was inadvertently omitted from the cost estimate for the traditional paper ballot with vote tabulator equipment. 5.0 OTHER ELECTION MATTERS 5.1 Advertising In order to raise awareness of the election, staff is requesting Council's approval. to publish additional ads to those required by legislation. These ads will address such items as nominations, the method of election, the voters' list publication and the necessity for electors to ensure they are included on it, various dates referenced in the legislation and where to find additional information related to the election. Although some notices and their timing are legislated, many of the ads generally published are information items only. Although not legislated, REPORT NO.:CLD-027-09 Page 13 of 14 these notices are necessary in order to raise awareness of the election and the importance of electors to ensure they are included in the process. 5.2 Advance Polls Section 43 (1) of the Act requires that a by-law be passed to establish one or more dates for an advance vote and the hours during which voting places shall be open on that date or dates. Prior to 2000, advance polls were held the Saturday 10 days prior to and the Wednesday immediately prior to the election. Bill 212, in its current form, changes voting day to October 25, 2010. To better serve our electors, staff recommends increasing our advance voting opportunities as follows: Date Time General Location Sat., October 16 10:00 a.m. - 5:00 .m. One location er ward Sun., October 17 10:00 a.m. - 5:00 p.m. One central location in Bowmanville, o en to all electors Mon., October 18 & Tues., October 19 10:00 a.m. - 8:00 p.m. One central location in Bowmanville, o en to all electors Wed., October 20 10:00 a.m. -8:00 .m. One location erward The voting locations for the advance polls have not been determined at this point. Should the proposed voting day (October 25, 2010) be changed once Bill 212 receives Royal Assent, these dates will be altered accordingly. 5.3 Accessibility Accessibility issues for both our electors and our election workers will be the subject of a further report once Bill 212 receives Royal Assent and more detailed information on the requirements to be met is available to staff. REPORT NO.:CLD-027-09 Page 14 of 14 6.0 SUMMARY AND RECOMMENDATIONS This report has been prepared at Council's request for information pertaining to the use of vote tabulation in comparison to a manual count process for the municipal election in 2010. In conjunction with this information, the requirement for the advance poll hour and dates, as well as the need for advertising in addition to the legislated requirements has been addressed. Accordingly, staff is recommending that the by-law to establish the advance polls be passed and that authority be given to the Municipal Clerk to advertise information deemed. necessary to raise awareness of the election process in the local newspaper. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- Being a By-law to provide for advance votes to be held prior to the 2010 Voting Day. WHEREAS Section 43(1) of the Municipal Elections Act, 1996, as Amended provides that a municipal council shall pass a by-law establishing one or more dates for an advance vote, and the hours during which voting places shall be open on that date or dates; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT an advance vote shall beheld on Saturday, October 16, 2010 between the hours of 10:00 a.m. and 5:00 p.m. in one location per ward; and 2. THAT an advance vote shall be held on Sunday, October 17, 2010 between the hours of 10:00 a.m. and 5:00 p.m. in one central location in Bowmanville, open to all electors; and 3. THAT an advance vote shall be held on Monday, October 18, 2010 between the hours of 10:00 a.m. and 8:00 p.m. in one central location in Bowmanville, open to all electors; and 4. THAT an advance vote shall be held on Tuesday, October 19, 2010 between the hours of 10:00 a.m. and 8:00 p.m. in one central location in Bowmanville, open to all electors; and 5. THAT an advance vote shall be held on Wednesday, October 20, 2010 between the hours of 10:00 a.m. and 8:00 p.m. in one location per ward. BY-LAW read a first, second and third time this 14~h day of December 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk