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HomeMy WebLinkAboutCLD-032-16Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: November 7, 2016 Report Number: CLD-032-16 Resolution: GG-546-16 File Number: By-law Number Report Subject: Changes to the Municipal Elections Act Recommendations: 1.That Report CLD-032-16 be received; and 2.That all interested parties, and any delegations, be advised of Council's decision. Municipality of Clarington Report CLD-032-16 Page 2 Report Overview This report is intended to provide background information for Council regarding the changes to the Municipal Elections Act as a result of Bill 181, Municipal Elections Modernization Act. 1. Background 1.1 The Act The Municipal Elections Modernization Act, 2016 (MEMA), or Bill 181, makes changes to the Municipal Elections Act, 1996 (MEA). Some of these changes come into effect immediately after Royal Assent on June 9, 2016 and certain changes do not come into effect until April 1, 2018, in time for the next municipal election. Bill 181 included a number of changes to the Municipal Elections Act that were intended to address issues that have been of concern to election administrators for many years, as well as issues that arose during the 2014 Municipal Elections across Ontario including: • Lack of regulation for third party advertising; • Challenges with compliance and enforcement of election rules; • Lack of clarity related to campaign financing; • The length of the campaign period; and Areas where the Act could be updated and modernized. The following changes will be discussed in more detail later in this report: • Ranked Ballots • Election Calendar • Campaign Finance • Third Party Advertising • Voters’ List • Nomination and Eligibility • Election Administration • Recount Policy • Accessibility 2. Ranked Ballots The most extensive change is the establishment of a framework to allow for ranked ballot elections in Ontario for the first time. This change can be made based on a Council decision and the passing of a bylaw. Additional details on ranked ballot elections will be provided in a separate report. Municipality of Clarington Report CLD-032-16 Page 3 3. Election Calendar A number of key dates and timelines in the election calendar have been changed affecting everything from the nomination period for candidates to dates for the voters' list availability and election policies and procedures. A detailed list of changes has been provided in Attachment 1. 4. Campaigning Campaign provisions have been clarified to allow candidates to access apartment buildings, condominiums, non-profit housing co-ops or gated communities from 9:00 AM until 9:00 PM in order to campaign. Landlords and condominium corporations will not be allowed to prohibit tenants or owners from displaying campaign signs in their windows. Notwithstanding this right, the changes will provide landlords, property managers, condominium corporations or other authorized agents with the ability to establish reasonable limits respecting the size and type of election signage displayed on the property and may prohibit all election signage within common areas of the building. Candidates and third party advertisers (See Section 11 for an explanation of third party advertising) are required to identify themselves on campaign advertisements and signs, so that it is clear who is responsible for each sign and advertisement that appears or is broadcast. Municipalities are authorized to remove election campaign advertisements in the case of a contravention. Municipalities may require the following to remove or discontinue the advertising: • a person who contravened the provisions for third party advertisers or caused/permitted the contravention; or • the owner or occupier of the land on which the contravention occurred. 5. Corporations and Unions Corporations and trade unions are no longer eligible to contribute to municipal election campaigns. This includes all council and school board elections. Corporations and trade unions, however, can be third party advertisers and make contributions to third party advertisers. Rules for determining whether two corporations should be considered as a single corporation are simplified, so that it should be easier for corporations and candidates to determine whether the contributions from two corporations should count towards the same contribution limit to third party advertisers. Municipality of Clarington Report CLD-032-16 Page 4 6. Changes affecting Voters While the secrecy of one’s vote has always been a principle of the Act, the amendments make it clear that electors are prohibited from photographing or video recording their marked ballot and are additionally prohibited from showing their marked ballot to any individual, except if they require assistance to mark their ballot in order to vote. Given the pervasiveness of smart phones, this amendment is intended to reinforce the secrecy afforded to an individual’s vote, particularly in light of a recent trend to share video or photographic evidence of one’s voting record on social media. 7. Campaign Finances 7.1 Bank Account A candidate who does not accept any contributions of money, or incur any expenses (not including their filing fee), is not required to open a bank account. 7.2 Contributions Individuals, corporations and unions can make contributions to third party advertisers. (See Section 11 for an explanation regarding third party advertising.) Currently donations of $10 or less at fundraising functions are not considered to be contributions. Under Bill 181, the limit is raised to $25. Also, if a candidate sells items for $25 or less in order to raise campaign funds, the money is considered campaign income rather than a contribution. In this case, the candidate does not have to issue a receipt, or make sure that the person buying the item is eligible to make a campaign contribution. It is important to note that money, goods and services given to and accepted by a person for his or her election campaign, or given to and accepted by another person who is acting under the person’s direction, are deemed to be contributions under the legislation. This means that all in-kind contributions or discounted pricing for goods and services by corporations or trade unions will be prohibited, such as space, equipment, advertising, brochures, signs, printing, website design/hosting, food, etc. Candidates will be required to inform contributors of the contribution limits. A contributor is limited to a total of $750 to any one candidate in an election (except in the case of the office of Mayor of the City of Toronto) and $5,000 to two or more candidates for office on the same council or local board. 7.3 Spending Limits There is a new spending limit for parties and expressions of appreciation after voting day. The specific amount of the spending limit is to be set out in a regulation. Municipality of Clarington Report CLD-032-16 Page 5 7.4 Subsequent Filing If a candidate or third party advertiser has filed their financial statement before the deadline and then discovers an error, they can file a corrected financial statement and auditor’s report up until the filing deadline. 7.5 Late Filing There is a 30-day grace period for candidates and third party advertisers who miss the deadline to file a financial statement and auditor’s report, provided that the candidate or third party advertiser pays a $500 late filing fee to the municipality. 7.6 Clerk’s Review The clerk who conducted the election is responsible for reviewing the contributions that are reported on the financial statements to council and trustee candidates as well as third party advertisers. If a contributor appears to have given more than the contribution limits allowed, the Clerk will report this to the Compliance Audit Committee. Within 30 days of receiving the report, the Compliance Audit Committee must decide whether to commence a legal proceeding against the contributor. 7.7 Report on Exceeded Campaign Contribution Limits The report would identify any candidates who appeared to exceed the campaign contribution limits. The same type of report would also be created for registered third party contributors. The Secretary of a school board would be responsible for compiling this report for candidates running for School Board Trustee. These reports would be referred to the Compliance Audit Committee to determine if any further action will be taken. 7.8 Refund of Nomination Fee Every candidate will be entitled to a refund of the nomination fee if they file their campaign financial statement and, if needed, the auditor’s report by the deadline. 7.9 Deficits After the 2018 Municipal Election, campaign deficits will not be carried forward from the previous election campaign. 7.10 Report on “Failure to Comply” Another new requirement is for the Clerk to publicly identify in a report the candidates and third parties who have failed to comply with the requirement to file a financial statement and who are prohibited from running or registering in the next election as a result. Municipality of Clarington Report CLD-032-16 Page 6 8.Advertising An election campaign advertisement is defined as an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate. Candidates will be required to include specific information on their election advertising in order to make it clear who is responsible for the message. This will apply to all advertising regardless of format or method. Candidates, or those advertising on their behalf, will need to provide broadcasters and publishers with information including the name of the candidate, name of the individual or organization taking out the advertisement, as well as the address and telephone number of the individual interacting with the broadcaster or publisher on behalf of the candidate. The broadcaster or publisher is then responsible for retaining this information, along with a copy of the ad and invoice, for a period of two years and making this information available to the public for inspection in that time period. 9.Third Party Involvement The MEA now includes a framework for the registration and financial filing of third party advertisers. 9.1 Definition A third party advertisement is a message in any medium (billboard, newspaper, radio, etc.) that supports or opposes a candidate or a "yes" or "no" vote on a question on the ballot. Third party advertising also does not include: •issues-based advertising, so groups that do public outreach can continue their issued-based advocacy work throughout the municipal election period; •an advertisement by or under the direction of a candidate; •advertising that does not cost money to post or broadcast, such as comments made on social media; •where no expenses are incurred by the person/entity in relation to the advertisement; OR •when given or transmitted by an individual to employees, by a corporation to its shareholders, directors, members or employees or by a trade union to its members or employees. Municipality of Clarington Report CLD-032-16 Page 7 9.2 Registration for Third Party Advertising Individuals, corporations or trade unions will be eligible to be third party advertisers, if they formally register with the Clerk in the municipality where they want to advertise. If they want to advertise in more than one municipality, they have to register in each municipality, each with their own spending limit. Third party advertisers must be registered at the time an advertisement appears. The following are not permitted to register as a third party advertiser: •Municipal election candidates; •A federal political party registered under the Canada Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party; •A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act; and •The Crown in right of Canada or Ontario, a municipality or local board. Registration allows a third party advertiser to promote or oppose any registered candidate. Third party advertising must be done independently of candidates, who are not able to direct a third party advertiser. 9.3 Contributions to Third Parties In general terms, the rules parallel those that govern contributions to candidates. For example, contributions may only be made to third party advertisers who are registered, and only during the applicable campaign period. Corporations and trade unions are permitted to make contributions to registered third parties. Maximum amounts that may be contributed to registered third parties are specified in the regulations. 9.4 Campaign Finances for Third Party Advertising Most campaign finance rules that apply to candidates will also apply to third party advertisers. Third party advertisers will have spending limits and there will be contribution limits for those wishing to contribute to a third party advertiser. Municipality of Clarington Report CLD-032-16 Page 8 9.5 Late Filing by Third Parties If the third party files financial statements late, the registered third party is not entitled to register again until after the next regular election has taken place. However, a registered third party is permitted to avoid the automatic penalty for failing to file a financial statement by the specified deadline if the registered third party pays a late filing fee of $500 and files the report within 30 days after the specified deadline. 10. Candidate Nominations and Eligibility There is a new requirement that anyone wishing to run for office on a council (does not apply to school boards) must submit the signatures of 25 voters supporting the nomination. The individuals providing the signatures will each have to sign a declaration stating that they were eligible to vote in the municipality on the day that they signed the endorsement. Individuals may endorse more than one nomination. If a candidate files a nomination, and then changes their mind and decides to run for a different office on the same council, they are not required to submit new signatures. The nomination period is reduced from 37 weeks to 13 weeks, with the opening of nominations occurring on May 1 and ending on the 4th Friday in July (July 27, 2018). 11. Election Administration 11.1 Decision Making Changes to the MEA will provide greater administrative discretion and independence to the Clerk. The following matters, some of which previously required Council approval, will now be entirely under the authority of the Clerk: • The establishment of advance voting dates, locations and hours; • The establishment of reduced voting hours for voting places and long-term care facilities; • The management of the voters' list, including the removal of deceased persons, additions of new electors and amendments to existing electors, as well as, the method by which additions, amendments and deletions are completed; and • The ability to decide whether candidates are permitted to file financial statements electronically and any conditions or limits associated electronic filing. Clerks have greater flexibility in determining how certain election documents may be submitted and how notices are sent out. Original signatures are required only for nomination forms, third party advertiser registration forms and proxy appointment forms. Municipality of Clarington Report CLD-032-16 Page 9 12. Recount Policy 12.1 Previously In previous municipal elections, a recount could only be conducted under the following limited circumstances: • Where the counting of ballots resulted in a tie vote; • Where a municipality/ local board or Minister of Municipal Affairs and Housing has passed a resolution to order a recount; or • Where an electors' request for a recount has been granted by the Superior Court of Justice. 12.2 Changes The Act now provides a municipality may, by by-law, adopt a policy, by May 1st, with respect to the circumstances in which the municipality requires the clerk to hold a recount of the votes cast in an election. The Clerk now has the authority to hold a recount in accordance with the new recount policy. By way of an example, a policy could conceivably authorize a recount in the event the totals for two candidates were separated by a defined value (i.e. separated by 5 votes or less or 1% of the total number of votes cast for the office, whichever is smaller). The ability to adopt a recount policy would provide greater clarity and certainty to candidates, electors and election administrators when a close vote occurs. 13. Accessibility The Clerk is now required to prepare an Elections Accessibility Plan and make it available to the public before voting day. Section 12.1(3) of the MEA has also been amended to require that the Clerk prepare a report within 90 days following the election on the identification, removal and prevention of barriers that affect electors and candidates with disabilities and make this report available to the public, rather than submitting it to Council, as was previously required. 14. Financial Impact The changes to the legislation may require additional staff time or resources to address. Staff will identify the implications through a specific staff report or the budget process, depending on the magnitude of the financial implication. 15. Concurrence Not Applicable Municipality of Clarington Report CLD-032-16 Page 10 16. Conclusion It is respectfully recommended that this report be received for information. 17. Strategic Plan Application Not applicable. Submitted by: Reviewed by: C. Anne Greentree, Curry Clifford, MPA, CMO Municipal Clerk Interim CAO Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or jgallagher@clarington.net Attachments: Attachment 1 – Changes to key election dates Interested Parties: W.R. (Rusty) Hick, Director of Education and Secretary of the Board Michael Nasello, Director of Education and Secretary-Treasurer, Peterborough Victoria Northumberland and Clarington Catholic District School Board M. Martin Bertrand, Director of Education, Viamonde French Separate School Board André Blais, Director of Education, Conseil scolaire de district catholique Centre-Sud, French Catholic School Board Attachment 1 to Municipality of Clarington Report CLD-032-16 Changes to Key Election Dates Item Previous Date New Date By-law Authorization of alternative voting methods June 1, 2018 May 1, 2017 By-law – Use of Ranked Ballots N/A May 1, 2017 Authorization of a recount policy N/A May 1 Establishment of forms, policies and procedures for voting, vote counting equipment and alternative voting methods June 1, 2018 December 29, 2017 Clerk determines single or batch elimination for ranked ballots N/A December 31, 2017 Authorization of a ballot question June 1, 2018 March 1, 2018 Establishment of voting subdivisions Minister’s Letter April 2, 2018 Opening of nomination period First day of business after January 1st (January 2nd, 2018) May 1, 2018 Close of nomination period Second Friday in September July 27, 2018 Availability of the voters' list First Tuesday in September September 4, 2018 Compilation of interim list of changes to the voters’ list 10 days following nomination day Starts September 15 and ends September 25 Voting Day Fourth Monday in October October 22, 2018 Close of 3rd party advertising registrations N/A Voting Day Oct. 22, 2018 Report of candidates in default N/A May 1, 2019