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HomeMy WebLinkAboutCD-4-97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: ELECTION.ACT REPORT Meeting: General Purpose and Administration Committee File# �J�1 Res. Date: Monday, January 6, 1997 By-Law # Report#:____Crr4__q _ File #: Subject: PROPOSED MUNICIPAL ELECTIONS ACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CD-4-97 be received for information. 1 . BACKGROUND 1 .1 The Provincial Government gave first reading on October 17, 1996 to the Better Local Government Act, which, in part, repeals the existing Municipal Elections Act in its entirety and replaces it with the Municipal Elections Act, 1996. At the time of writing this report there is no indication as to when the Act will proceed to third reading and Royal Assent. 1 .2 The intent of the legislation is to streamline many of the provisions related to the municipal elections and to allow municipalities the flexibility to address local circumstances. It also addresses some of the concerns which municipalities have referred to the Province over the years. PAPER EAEI« 713 THIS IS PRI-M REM- Report CD-4-97 - 2 - January 6, 1997 2. LEGISLATION The following table highlights individual aspects of the new legislation but is not intended to be an all inclusive description of the new election process. .............. .................. ................ ......... . ......... General Terms Some of the terms for election personnel, i.e., Returning Officer, Revising Officer and Poll Clerk, etc. are eliminated. The Clerk is the official responsible who shall appoint "Election Officials". However the name "Deputy Returning Officer" has been retained. The term "polling" Has been changed to "Voting" throughout the Act. Prescribed Forms The number of prescribed forms is reduced from 40 + to 5: 1 . Registration/Nomination (now a single form) 2. Voting Proxy 3. Ballot 4. Financial Statement; and 5. Audited Financial Statement All other forms may be designed to meet local requirements, i.e., the same form can be designed to change, add or delete a name from the Voters' List. .......... U Voting Day November 10 (2nd None Monday in November) Term of Office December 1 to November None 30 (3 years) Qualification Period for September 2 up to and Formerly the last day for Electors including November 10 qualification was Nomination Day 714 Report CD-4-97 - 3 - January 6, 1997 > » �: ....��..��........�.................:::::::::::::::::.:...:...................�1�T ..........................................:.:::::::::::._.:OHS ........................ Publish Preliminary List of On or before On the written request of Electors (PLE) September 1 a candidate only 1 copy of applicable Voters' list is supplied, additional copies provided at a cost. Revisions to PLE September 2 up to and Previously the Revision including November 10 period ended on Nomination Day. Publication of Revisions October 20 (within 10 No change; however the to PLE days after Nomination published list will include Day) only revisions up to and including Nomination Day. Voting Hours 10:00 a.m. to 8:00 p.m. A by-law must be passed if Municipality chooses to open polls before 10:00 a.m. to deal with a local circumstance. Registration/Nomination April 1 up to and Registration/Nomination of Candidate including October 10 is now one filing. Nomination forms will no longer require signatures of 10 nominators. Nominations were only accepted during the 4- day period in October, 31 days before Election Day. Last date for Between 9:00 a.m. and No change with date but Registration/Nomination 5:00 p.m. Friday, candidate must pay October 10 (31st day nomination filing fee. before voting day) (Fee unknown at the present time) Certification of By 4:00 p.m. Tuesday, No change Nomination October 14 715 Report CD-4-97 - 4 - January 6, 1997 >::>::>::>::»::>::>::>::>: Withdrawal of Nomination 5:00 p.m. Tuesday, No change October 14 Additional nominations, if 9:00 a.m. to 5:00 p.m. No change required Wednesday, October 15 Declaration of 5:00 p.m. Tuesday, No change Acclamations October 14 Campaign Period Date of Registration to Previously from date of December 1 registration to March 31 of year following election ::: A Campaign Limits Mayor $5,500. + No change .50/elector Other $3,500. + .50/elector Campaign Surpluses May be used to Not previously permitted reimburse a candidate/spouse's contribution Campaign Surpluses Only amounts over $500. Previously any surplus must be turned over to had to be turned over the Clerk Financial Disclosure Financial Statements Previously, a candidate required for amounts was only required to file raised/expenses less than a "Declaration" if amount $10,000. or Audited was less than $2,000. Statements required for amounts of $10,000. or over Scrutineer The age requirement is Previously, a Scrutineer eliminated had to be minimum, 16 years of age. Media Advertising No restriction Elimination of current restriction to 28 days preceding Election Day 716 Report CD-4-97 - 5 - January 6, 1997 Election Contributions Maximum amount any Previously contributions one person can could not exceed $5,000 contribute to a candidate to any number of is $750. - No maximum candidates in same amount that any one jurisdiction person can contribute to candidates running for 4 same jurisdiction € ' r` "?2?< :x � '` :'.. ` ' ?t % _..... %%�"�: `�` ` � f :C :; ::.::.;;:.;: Undischarged Bankrupts Such persons are NOT Such persons were disqualified from running formerly disqualified for or holding Municipal Office Municipalities (including Must be granted an. Formerly school Board city and Regional) and unpaid leave of absence employees were School Board employees to run for office on the prohibited from running Council and School for office on the School Board and are deemed to Board by which they have resigned their were employed. position upon election Posting of Voters' List Available for inspection No longer posted only at the Clerk's Dept. publicly, i.e., libraries Voter Identification Notices sent out by the Municipality is now Notices assessment office late responsible for notifying August advising electors electors (Voter of their status, i.e., Notification Cards) resident, owner, - taken from Enumeration conducted in May Original Signatures only All election documents Clarifies legislation which are required to have was previously "original" signatures only - ambiguous no faxed or electronic documents 71 7 Report CD-4-97 - 6 - January 6, 1997 :...;:.;:.;:.::.>:.::.;:.;:.: Nomination Deposit Refundable if candidate The fee and minimum % - is elected of the vote will be set by - receives a minimum % regulation and have not of the vote or yet been established - withdraws the nomination Order of Names on Ballot Alphabetical by surname No change and when same surname occurs, alphabetical by given name. Recounts - Only in the event of a tie Previously there was a vote or formulated number for an - municipality/school "automatic" close vote board deem a recount recount to be necessary in the public interest or - the Ontario Court is satisfied there are reasonable grounds Proxy Voting No change unless the Municipality offers alternative voting methods (i.e., phone or mail) Advance Voting Local option to establish Previously advance polls more than one advance were legislated for the voting day Saturday, 9 days before Election Day and the Wednesday prior to Election Day Alternative Voting New Provision Local option to establish Methods alternative voting methods i.e., phone or mail 718 Report CD-4-97 - 7 - January 6, 1997 RECOMMENDATION: THAT Report CD-4-97 be received for information. Respectfully submitted, Reviewed by, atti aerie, M.C.T. W. H. Stockwet Clerk Chief Administrative Officer MPK*PLB*lb i 719