HomeMy WebLinkAboutCLD-013-13 Clarftwn REPORT
CLERK'S
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 18, 2013 Resolution#: PA-,90d-13 By-law#:
Report#: CLD-013-13 File#:
Subject: 2014 MUNICIPAL ELECTIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-013-13 be received;
2. THAT the use of accessible voting equipment in the Municipality of Clarington
municipal and school board elections, as provided for in Section 42(1)(b) of the
Municipal Elections Act, 1996 be approved;
3. THAT the use of "special ballots", being mail-in-ballot on request, as an
alternative voting method for electors who are unable to attend the voting
location to vote on election day or at the advance voting opportunities because of
physical incapacity, being absent from the municipality, or working as an election
official be approved;
4. THAT the use of automated vote counting equipment for the purpose of counting
votes cast in the Municipality of Clarington municipal and school board elections
be approved;
5. THAT the draft By-law, attached to Report CLD-013-13 as Attachment;
authorizing the use of accessible voting equipment, special ballots, and vote
counting equipment, be approved; and
6. THAT all interestedlpafties listed in Report CLD-013-13 be advised of Council's
decision.
Submitted by: f c Reviewed by:
R`ati' a�'e, Franklin Wu,
Municip Clerk Chief Administrative Officer
PLB/AG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-013-13 PAGE 2
1.0 BACKGROUND AND COMMENT
1.1 Section 11(1) of the Municipal Elections Act, 1996, as amended, establishes the
Municipal Clerk's responsibility for conducting the municipal election and includes
responsibility for:
a) Preparing for the election
b) Preparing for and conducting a recount in the election
c) Maintaining peace and order in connection with the election; and
d) Reporting to Council following the election respecting prevention of barriers
and accommodations for electors and candidates with disabilities.
1.2 Section 42 of the Municipal Elections Act, 1996, as amended, provides for
Council to pass a by-law to:
a) Authorize the use of voting and vote-counting equipment; and
b) Authorize electors to use an alternative voting method.
1.3 The procedures and forms established under the Act for traditional voting were
designed to ensure that the principles of the Act are maintained. Thus, it is the
Municipal Clerk's duty to ensure that when using alternative voting methods, the
procedures and forms established by the Municipal Clerk are also consistent with
the principles of the Act. The principles are as follows:
• The election should be fair and non-biased.
• The integrity of the process should be maintained throughout the election.
• Voters and candidates should be treated fairly and consistently within a
municipality.
• The election should be assessable to the voters.
• The secrecy and confidentiality of the individual votes is paramount.
• There is certainty that the results of the election reflect the votes cast.
• Voters shall be enfranchised whenever possible and the scope of
provisions which tend to disenfranchise voters shall be limited.
1.4 In recent years, municipalities across Ontario have taken advantage of Section
42 of the Act (Alternative Voting Methods) and have conducted elections and
tabulated their ballots in a variety of ways including: traditional paper ballots at
polls, internet, mail-in paper ballot, telephone, touch screen, and audio, with
votes being counted manually, electronically or by way of ballot tabulators. Many
municipalities have found a combination of methods has best served their
municipality.
REPORT NO.: CLD-013-13 PAGE 3
1.5 Clarington's History of Voting and Vote Counting Methods
Year Method of Conduct Eligible Voter Method of Vote '
Electors Turnout Count
1991 Traditional Paper Ballot 36,032 38.8% Manual
1994 Traditional Paper Ballot 40,193 33.69% Manual
1997 Traditional Paper Ballot 44,980 28% Manual
2000 Vote by Mail 49,483 41.5% Manual
2003 Vote by Mail 53,497 35.07% Manual
2006 Vote by Mail 57,067 40.02% Central Count
Tabulators
2010 Traditional Paper Ballot 61,098 34.52% Manual
1.6 Clarington's 2010 Municipal Elections — Review
The following data summarizes the 2010 elections data.
Electoral Ward 1 18,953
population Ward 2 16,497
Ward 3 11,427
Ward 4 10,787
Total 57,664
Voting Ward 1 71
Subdivisions Ward 2 65
Ward 3 44
Ward 4 42
Total 222
Voting Locations Ward 1 17
Ward 2 14
Ward 3 10
Ward 4 10
Total 51
Includes 6 special voting locations (i.e. Hospitals/long-term
care facilities)
Voting Location 182 Deputy Returning Officers
Election Staff 205 Poll Clerks
36 Revision Clerks
43 Traffic Clerks
REPORT NO.: CLD-013-13 PAGE 4
Accessibility Sip `n Puff/ audio voting equipment was available at each of
Accommodations our 11 advance voting opportunities (one location for each of
the four wards over two days plus one location for an
additional three days)
Budget /Actuals On an annual basis, $75,000 is transferred to the reserve
account to balance the expenses of the election in the
election year. The 2010 election budget was $325,000, and
the actuals reported were $306,806.54
2.0 LESSONS LEARNED FROM 2010 ELECTIONS
2.1 2010 was a transition year for Clarington electors. After three consecutive
municipal elections of voting by mail, the electors successfully transitioned back
to a traditional "voting at the polls" process. Staff did not encounter any major
issues in educating the electors of the transition. Perhaps, this transition was
easy because it was consistent with the methods of voting for both Provincial and
Federal elections.
2.2 Our operating procedures proved successful and maintained the principles of the
Act. The voting locations were suitable with very few complaints received by
electors, which were generally because the elector went to the wrong voting
location or they questioned our reasons for not using a closer facility. While the
method of conducting the vote proved successful, it was not without its
administrative challenges; primarily in planning, staffing and vote
counting/reporting.
a) Given that it had been more than 10 years that Clarington had conducted
voting at the polls, Municipal Clerk's staff were required to start from scratch,
as it were. Drawing on previous experience, however, staff successfully
developed operating procedures, secured 51 accessible voting locations, and
developed communications and educational materials for our electors and
election staff. Additionally, Municipal Clerk's staff worked in cooperation with
Planning Services and MPAC to create the 222 voting subdivisions and
updated our municipal mapping system to create voting subdivision maps.
b) In order to ensure that our electors were well served at the 51 voting
locations, a total of 466 election workers were hired. Despite aggressive
advertising in the local newspapers, posters in Municipal facilities, and on our
municipal website, these positions were extremely difficult to fill and in fact if
not for the cooperation of area municipalities, we would have been short
which would have led to longer lineups and further delays in results reporting.
REPORT NO.: CLD-013-13 PAGE 5
c) Our 2010 ballots were counted by hand by the DROs and PCs for the 222
voting subdivisions at our 51 voting locations. At the conclusion of the count,
each of the 182 DROs had to report to Election Return Headquarters (Garnet
B. Rickard Recreation Complex) to receive assistance, where necessary, in
closing off and balancing their poll, and to return their election supplies.
Approximately 40 municipal staff members were assigned to control parking
lot traffic, greet, guide, audit, assist with ballot balancing issues, record
results, transport and guard the election ballots, records and supplies. To
assist with the returns, we also re-deployed some of our voting location staff.
Collectively the manpower still proved to be insufficient. The final results
were declared at approximately 2:00 a.m. Despite thorough and detailed
planning, this proved to be a logistical nightmare.
3.0 ALTERNATIVE VOTING AND VOTE COUNTING METHODS
3.1 The Act permits the use of alternative voting and vote counting methods. Many
municipalities use multiple alternative methods in the same election primarily to
improve convenience, provide for greater accessibility and provide for the
opportunity for increased voter turnout. In fact, according to the post 2010
Municipal Election Survey conducted by AMCTO, of the 52% who responded to
the survey, approximately half of the municipalities used some form of alternative
voting and approximately 75% of respondents used alternative vote counting
methods. The following chart summarizes the survey responses.
2010 2006
Method Advance Voting Day Advance Voting Day
Vote Vote
Paper ballot 99 110 108 118
Touch screen 21 15 11 5
Main-in balloting 21 54 26 55
Vote by phone 22 23 8 8
Vote by Internet 30 28 9 7
Other 4 1 3 1 2 2
(total respondent municipalities was 178 of 445 municipalities in Ontario)
3.2 Providing voting options for our electors has become a natural solution to
accommodate their varied needs. In Clarington, we must ensure that our
electoral processes include respect and dignity of our electors, our procedures
are integrated, and all of our electors are provided equal opportunity to vote.
3.3 Traditional paper ballots at voting locations meets the needs of the majority of
our electors, however, on its own, it excludes electors with mobility and visual
impairments. Traditional paper, as was proven in 2010, is a reliable, easy,
acceptable and a cost effective option for Clarington.
REPORT NO.: CLD-013-13 PAGE 6
3.4 Mail-in voting is a remote method of voting using traditional paper ballots. This
method of voting in Ontario is most popular in municipalities with smaller,
geographically dispersed populations, or in municipalities with a large non-
resident electorate (i.e. cottage areas). Voting by mail, as with traditional paper
ballots at voting locations, meets the needs of most of our electors, including
many with mobility impairments or who may be housebound or who were not in
the municipality for the voting period, but excludes those electors with visual
impairments or those electors who do not feel comfortable voting in an
unsupervised environment. As stated earlier, Clarington electors successfully
voted by mail for three consecutive elections (2000, 2003, 2006). Vote by mail
was not used in Clarington the 2010 Municipal Elections due to cost, accessibility
and administrative challenges and staff believe these reasons still remain.
3.5 Telephone Voting is a remote method of voting relying completely on technology
for the conduct of the vote and the tabulation of results. Telephone voting is
convenient and would meet the needs of almost all electors in Clarington
including those who may be housebound, have visual or mobility impairments, as
well as those who are hearing impaired (provided they have TTY service).
Depending on the length of the candidate list, voting by telephone can be quite
cumbersome for the user and can take longer to complete the ballot. Telephone
is often used in conjunction with Internet voting as the administrative processes
are easily combined. In recent years the advancement of digital technologies
has greatly enhanced the ability of telephone systems to handle a large voting
population in a single day event.
3.6 Internet Voting is a remote method of voting relying completely on technology for
the conduct of the vote and the tabulation of results. Internet voting is convenient
and would meet the needs of many electors in Clarington including those who
may be housebound, have mobility or hearing impairments, and depending on
the software used by the elector, may also accommodate those with visual
impairments. Internet voting in conjunction with telephone voting for a complete
remote voting solution or as an advance voting solution in conjunction with
traditional paper ballots at voting locations on Election Day, is fast becoming a
very popular solution in Ontario and beyond. In 2006 only 9 municipalities used
internet voting for their advance vote and 7 for their voting day solution, whereas
in 2010 30 municipalities used internet voting for their advance vote and 28 for
their voting day solution. Given that there were no major issues raised by these
municipalities, it is reasonable to assume that the trend will only increase across
the province for 2014. Statistics on Clarington resident internet usage is difficult
to gather. However, data supplied by the Province of Ontario regarding the Rural
Connections Broadband Program indicates that as of April 2010 the vast majority
of residents in north Clarington reside in Un-served Broadband Areas.
REPORT NO.: CLD-013-13 PAGE 7
3.7 Vote counting equipment has been used in Ontario for more than two decades as
a tool to assist in ensuring an accurate and reliable counting process with
minimal impact to the traditional paper ballot voting process. This equipment
includes both central and voting location units and was successfully used in
Clarington in 2006. AMCTO Survey results indicate that of the 164 respondents
who used paper ballots, 64 used a manual count system. Of note, however, is
that all of these municipalities, with the exception of Clarington, had a population
of < 36,000 and 51 had a population of less than 10,000. From an administrative
and fiscal perspective, vote tabulators allow for greater efficiencies in election
worker assignments, reduced number of voting locations, and more timely and
accurate results. The Act permits the use of vote counting equipment provided
the Municipal Clerk, in establishing the supporting procedures, ensures the
principles of the Act are adhered to. The use of vote counting equipment
provides an enhanced level of service at the voting location. The vote counting
equipment can be programmed to return any ballot to the election official (without
revealing the vote) with an over-voted race. The election official would notify the
elector that an office has been over-voted, and provide the elector the
opportunity to cancel their ballot and vote on a new blank ballot. This opportunity
facilitates improved enfranchisement for the elector.
3.8 In addition to internet, telephone and mail-in solutions, there are a variety of
accessible voting tools available on the market to accommodate the varied needs
of persons with disabilities. These tools include touch-screen, sip `n puff, and
audio units. In 2010 Clarington deployed the sip `n puff/ audio units at each of
the advance voting locations. Prior to deployment, the members of our
Clarington Accessibility Advisory Committee tested the equipment. Committee
members concurred that the equipment would satisfactorily accommodate our
needs as an alternative to the paper ballot. It is noteworthy, however, that we did
not have any electors take advantage of the alternative voting technology, but
they rather preferred to have assistance from a trustworthy friend/family member.
This type of equipment, while empowering for the elector, was costly, time
consuming, and labour-intensive to program, test, and operate.
REPORT NO.: CLD-013-13 PAGE 8
3.9 What are others doing?
3.9.1 Area Municipalities
Brock Township and Pickering are the only area municipalities within Durham
Region who have confirmed their method of conducting the vote and the vote
count for 2014, while others are still reviewing their 2014 options.
Method of Voting 2010 Method of Counting 2010
Municipality Voting Vote Telephone Internet Manual Vote Electronic
at the by Count Tabulator Tabulation
Polls Mail Count
Oshawa x x
Whitby x x
Ajax x x
Pickering x x
Brock x x
Uxbridge x x
Scugog x x
Kawartha x x
Lakes
Peterborough x x x x
Port Hoe x x x x
Cobourg x x x
Caledon x x
Halton Hills x x
Method of Voting 2014 Method of Counting 2014
Municipality Voting Vote Telephone Internet Manual Vote Electronic
at the by Count Tabulator Tabulation
Polls Mail Count
Brock X X
Pickering x x
Feedback from staff from the area municipalities indicates an increased interest
in offering internet voting either as a single solution or in conjunction with voting
at the polls.
REPORT NO.: CLD-013-13 PAGE 9
3.9.2 Special Ballot
In the Province of Alberta municipalities have the authority to use mail-in voting
on request (commonly referred to as a "special ballot") as a means by which to
accommodate those electors who are unable to attend the voting location to vote
on election day or at the advance voting opportunities because of physical
incapacity, being absent from the municipality, or working as an election official.
Many jurisdictions have successfully offered special ballots in conjunction with
traditional paper ballot voting at the polls.
Electors in Ontario can also vote by "special ballot" in both our Federal and
Provincial Elections.
3.9.3 Elections Ontario
Currently, electors may vote in Provincial elections in one of the following ways,
after providing appropriate identification documents:
• In person on election day, by marking a paper ballot by hand or with the
assistance of a friend or election official;
• In person at an advance poll, as above;
• In person at the returning office using Assistive voting technology;
• In person at the returning office by writing in the candidate's name on a
special ballot or doing so with the assistance of a friend or election official;
• At home in person, by writing in the candidate's name on a special ballot
or doing so with the assistance of two special ballot officers; or
• By mail using a special ballot.
In May 2010, the Election Act was amended to require the Chief Electoral Officer
to review alternative voting technologies and report to the Legislative Assembly
by June 2013. Since 2010, Elections Ontario has conducted extensive research
on alternatives including consultation with jurisdictions (within Canada and
abroad) who have used alternative voting methods. Throughout 2011 and 2012
their study focused more on telephone, computer and internet voting with votes
being counted electronically which resulted in a business case to assess the
feasibility of conducting a pilot of internet voting in a live by-election environment
prior to reporting in June 2013. Elections Ontario has confirmed that this pilot
test has not been conducted.
REPORT NO.: CLD-013-13 PAGE 10
3.9.4 Elections Canada
Currently, electors may vote in Federal elections in one of the following ways,
after providing appropriate identification documents:
• In person on election day, by marking a paper ballot by hand or with the
assistance of a friend or election official;
• In person at an advance poll, as above;
• In person at the Elections Canada office by way of special ballot;
• At home in person, by special ballot or doing so with the assistance of two
special ballot officers; or
• By mail using a special ballot.
Elections Canada also is examining internet voting as part of their ongoing 2008-
2013 Strategic Plan to continuing to increase accessibility to the electoral
process. In this commitment Elections Canada will research and monitor
technological trials and innovations in other jurisdictions, both in Canada and
abroad. As well, with prior approval of parliament, they will test a secure voting
process during a by-election that allows electors to vote by telephone or internet.
Elections Canada has confirmed that this pilot test has not yet been conducted.
3.10 Estimated Costs
The 2010 Municipal Elections expenditures totaled $306,806.54. Based on
staff's experience and feedback from municipalities who have deployed
alternative methods, the cost differential between the methods would not be
significant. The 2014 election budget is estimated at $350,000, and based on
preliminary findings, staff believe that the elections could be conducted using any
of the aforementioned methods within budget.
4.0 LOOKING FORWARD TO 2014
4.1 The 2014 Municipal Election is scheduled for October 27, 2014. Nominations
may be filed as of January 2, 2014.
4.2 The goals for Clarington's 2014 municipal and school board elections remain to
include:
• Providing a voting process which meets the principles of the Act;
• Meeting or exceeding our obligations under the Accessibility Customer
Service Standards;
• Providing a viable solution which is easy, fiscally responsible, convenient and
trustworthy for electors;
• Streamlining administrative processes; and
• Maintaining quality, integrity and accuracy.
REPORT NO.: CLD-013-13 PAGE 11
4.3 Proposed 2014 Election Process Details
4.3.1 In fulfilling her duties as Returning Officer for the Municipal Elections, the primary
concern for the Municipal Clerk is the security and integrity of the voting process.
Additionally, the Municipal Clerk must ensure a fair and non-biased election
which is accessible to the electors with certainty that the results of the election
reflect the votes cast. While the alternative voting options offer convenience for
the voters, and by combining those options provides choice and greater access
to the voting process, the Municipal Clerk and Council must balance these
opportunities to vote against the cost of providing them.
4.3.2 For 2014, staff is proposing that our electors again cast their votes by way of
traditional paper ballot at a designated, conveniently located, accessible voting
location, combined with the use of accessible voting equipment (e.g. Sip `n puff,
audio) and "special ballot" on request (similar to that used in Federal, Provincial,
and Alberta municipal elections). To overcome the administrative challenges
faced in 2010, it is further recommended that the use of vote tabulating
equipment be authorized to conduct the vote count.
4.3.3 Voting at the polls in 2010 proved successful from a service level standard. Our
electors received the method positively, and it was consistent with the provincial
and federal elections and many area municipalities.
4.3.4 Accessibility remains a priority in our service levels to our electors. Research
indicates that Clarington has approximately one in seven persons with some sort
of disability and approximately 1% residents who are housebound. Staff
recommends that accessible voting technology be offered as well as the "special
ballot" (mail-in ballot on request). This recommended combined solution will
accommodate electors with physical disabilities and electors who are unable to
attend the voting location on any of the voting days, while being fiscally
responsible. Given the lack of uptake on the equipment in 2010 by our electors,
staff will give consideration to appropriate deployment of the accessible voting
equipment.
4.3.5 Vote tabulators have been widely used by municipalities throughout Ontario, and
beyond, for more than 20 years. Most recently, in Clarington, vote tabulators
were successfully used to tabulate the votes in 2006. The use of vote tabulators
has proven to provide accurate results, simplified and timely return of results.
Staff is confident that the use of the vote counting equipment will overcome the
administrative challenges faced in 2010. Election staff required to work at the
voting locations can be reduced by 30%, the number of election staff reporting to
election headquarters following the count can also be reduced by 30%, thereby
reducing the number of staff required to facilitate and coordinate the return
headquarters. As well, with the automated count, the return of results can
expected to be much sooner than was realized in 2010.
REPORT NO.: CLD-013-13 PAGE 12
4.3.6 The cost for conducting the 2014 Municipal Elections using the voting and vote
counting method as described in section 4.3.2 above and the special ballot
option is estimated not to exceed $350,000. This is based on approximately 30
voting locations and hiring approximately 300 election staff.
5.0 CONCURRENCE — Not Applicable
6.0 CONCLUSION
Clarington electors voted in 2010 using the traditional paper ballot at voting
locations throughout the Municipality. This method of casting a ballot proved
successful and is consistent with the processes used by both Elections Ontario
and Elections Canada. To ensure the principles of fairness, consistency and
accessibility and enfranchisement are upheld, staff recommend that the paper
ballot at the voting locations be used to conduct the 2014 Municipal elections.
Further staff recommends that the voting at the polls be augmented with
accessible voting equipment and a "special ballot" option. To better
accommodate the principles of enfranchisement and certainty that the results of
the election reflect the votes cast, and to improve administrative frustrations
realized in the 2010 elections, staff recommend that vote counting equipment be
used.
CONFORMITY WITH STRATEGIC PLAN —
The recommendations contained in this report conform to the general intent of the
following priorities of the Strategic Plan:
Promoting economic development
x Maintaining financial stability
x Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Greentree, Deputy Clerk
Attachments:
1 —Authorizing Sy-law
List of interested parties to be advised of Council's decision — Not applicable
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2013-XXX
Being a by-law to authorize the use of optical scanning vote tabulators, special
ballots, and accessible voting equipment at Municipal Elections
WHEREAS Section 42 of the Municipal Elections Act, 1996 provides that the council of a
municipality may, by by-law, authorize the use of optical scanning vote tabulators for the
purpose of counting votes at municipal elections;
AND WHEREAS Section 42 of the Municipal Elections Act, 1996 provides that the council
of a municipality may, by by-law, authorize the use of voting equipment for the purpose of
casting a ballot at Municipal Elections;
AND WHEREAS Section 42 of the Municipal Elections Act, 1996 provides that the council
of a municipality may, by by-law, authorize the use of an alternate voting method that does
not require electors to attend at a voting location in order to vote;
AND WHEREAS the council of the Corporation of the Municipality of Clarington deems it
appropriate and in the public interest to use automated vote counting equipment, to
offer accessible voting equipment and to provide a "special ballot" mail-in option;
NOW THEREFORE BE IT ENACTED as a by-law of the Corporation of the Municipality of
Clarington that the Council of the Corporation of the Municipality of Clarington authorizes
1. The use of automated vote counting equipment for the purpose of counting votes
at municipal elections;
2. The use of voting equipment to assist electors in casting their ballot; and
3. The use of"special ballots" being mail-in ballots for electors who are unable to
attend the voting location to vote on election day or at the advance voting
opportunities because of physical incapacity, being absent from the municipality,
or working as an election official.
This by-law shall be effective on the date that it is passed.
By-law passed in open session this day of March, 2013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk