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HomeMy WebLinkAboutCLD-006-17Clarington Clerk'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: March 27, 2017 Report Number: CLD -006-17 Resolution: GG -158-17 C-096-17 C-097-17 File Number: C12.Methods of Election By-law Number: Report Subject: Municipal Elections - Methods of Elections Recommendations: 1. That Report CLD -006-17 be received; 2. That the Council of the Municipality of Clarington endorse Internet and Telephone Voting for Advance Polls and Voting Day (Option 2) as the preferred method of voting for the Municipality of Clarington, beginning with the 2018 Municipal Elections; and 3. That Attachment 2 of Report CLD -006-17, the draft by-law to authorize the use of internet and telephone voting, and to repeal By-law 2013-038 (which authorizes the use of vote tabulators, special ballots, and accessible equipment for Municipal Elections), be approved. Municipality of Clarington Report CLD -006-17 Report Overview Page 2 This report provides background information on the different methods of election. Staff are recommending that Clarington Municipal Elections be conducted using Internet and Telephone Voting for Advance Voting and Voting Day, beginning with the 2018 Municipal Elections. 1. Background 1.1 Policy Choices Available to Municipalities for Methods of Voting and Counting The next regular Municipal Elections will be held on Monday, October 22, 2018. Council will need to choose the method of voting and count to be used for the 2018 Municipal Elections. Section 42 of the Municipal Elections Act, 1996, as amended (the 'Act') grants Council the authority to pass a by-law authorizing the use of vote counting equipment and alternative voting methods. There are a variety of methods available for conducting municipal elections, and which are commonly used around the world. The most common in Ontario include: traditional paper ballot, vote by mail, telephone, internet, touch -screen, and audio. It is important to make the distinction between the method of voting and method of vote tabulation (i.e. ballot counting). Depending on the method of voting, they may or may not be mutually exclusive from the method of vote tabulation. To achieve the best outcome, it may be necessary to combine methods of voting and tabulation. There are several technologies also used in the conduct of elections, some of which have been well received by electors, while others have not. The use of technology allows for: • improved administration; • streamlined processes; • improved vote count accuracy; and • improved accessibility for electors. 1.2 Summary of Voting Methods Used in Ontario in 2014 — AMCTO's Results In January, 2015, the Association of Municipal Clerks and Treasurers of Ontario (AMCTO) published a survey of voting methods used in the 2014 Municipal Elections, which included participation from 119 of 444 municipalities. Attachment 1 provides the details of the voting and counting methods in Ontario in 2014 from this survey. In general, there has been a move to more technology, whether that be internet voting or the increased use of vote tabulators for vote counting. Municipality of Clarington Report CLD -006-17 Page 3 1.3 Clarington's 2014 Municipal Elections — Review As per Section 42 of the Act, Council passed By-law 2013-038 for the 2014 Municipal Elections and going forward, directing the use of vote tabulators, Special Mail -In Ballots, and accessible voting equipment. Attachment 3 provides a summary of the election. 1.4 Clarington's History of Voting and Vote Counting Methods The following is a historical review of Clarington's Municipal Elections, indicating methods of voting and vote -counting: Year Method of Conduct Method of Vote Count Eligible Electors Voter Turnout 1991 Traditional Paper Ballot Manual 36,032 38.80% 1994 Traditional Paper Ballot Manual 40,193 33.69% 1997 Traditional Paper Ballot Manual 44,980 28.00% 2000 Vote by Mail Manual 49,483 41.50% 2003 Vote by Mail Manual 53,497 35.07% 2006 Vote by Mail Central Count Tabulators 57,067 40.02% 2010 Traditional Paper Ballot Manual 61,098 34.52% 2014 Traditional Paper Ballot Decentralized Vote Tabulators 62,329 30.53% 1.5 Use of Internet Voting According to a report by Dr. Nicole Goodman of the University of Toronto and Heather Pyman of Carleton University ("The Goodman/Pyman Report") on internet voting, 20 Ontario municipalities used internet voting in 2006, 44 in 2010, 97 in 2014 with this expected to double in 2018. Only two of the municipalities that have introduced internet voting since 2003 stopped using it in a subsequent election and one adopted it again in 2014. According to AMCTO's 2014 Post -Election Survey results', 86% of municipalities that used internet voting in 2014 (38 municipalities) were satisfied (2% were dissatisfied, 12% were N/A). When asked the question "What is your position on using internet voting in the 2018 election?", based on answers from the administration in 119 municipalities, 56% would 1 Source: AMCTO Website, https://www.amcto.com/imisl 5/CMDownload. aspx?Conte ntKey=da6baed5-2940-45f7-90b9- ecc248522602&ContentltemKev=af83ebd0-96e8-4d08-82e0-f6b5a45aad56 Municipality of Clarington Report CLD -006-17 Page 4 recommend internet voting (whether or not they had used it in 2014), even though only 38 of the 119 municipalities had used it in 2014. 2. Alternative Voting Methods 2.1 Telephone Voting 2.1.1 Overview Telephone voting is an unsupervised voting process where electors vote from anywhere at any time during the voting period using the telephone. This approach can be combined with internet voting. A secure system is supplied by an external service provider to conduct the vote. Certain voting systems allow for a voter to complete their ballot interchangeably by using the Internet as well as the telephone. 2.1.2 PIN Codes and Information Packages An information mail -out package is sent to every eligible elector (as listed in the Voters' List supplied by MPAC and corrected by the Clerk) providing notification of the election, explaining their voting options and dates, and providing them with a secret PIN number. Using the PIN number the elector casts their ballot by telephone. The system provides for a transparent audit trail of voting activities while maintaining secrecy of how each vote. Results are tabulated by the software system. There are no paper ballots with this solution. 2.1.3 Controls A telephone -based system is able to fully qualify voter intent through use of automatic controls. In other words, the system could be programmed to disallow a voter from proceeding to the next office if their current selection resulted in an over -vote. This all but eliminates unintentional spoiled ballots, a control which can also be engaged on vote scan n e rs/tabu I ato rs . PA1E,�4 11Wel=� Other documented issues relate to network congestion as the host telecommunications system must be able to support call volumes that are often difficult to predict. Telephone systems have been used (for example in Halifax elections starting in 2006) that have handled 6,000 calls at once. 2.1.5 Costs As with most technology solutions, the overall cost of telephone voting can fluctuate based on the scale and composition of the system. Often, the largest contributor to cost in this regard relates to the capacity of the system to be able to support high volumes of traffic and its ability to provide for an adequate backup system. Municipality of Clarington Report CLD -006-17 Page 5 2.1.6 Usage Telephone voting is most often combined with internet voting. Of the 119 respondents to AMCTO's survey, 17% of the municipalities combined telephone voting with internet voting, 9% of the municipalities used telephone voting in addition to another form of voting, and only 1 % relied exclusively on telephone voting. 2.1.7 Security Security concerns and requirements for telephone voting are very similar to those related to internet voting and have been addressed in Section 2.5 below. 2.1.8 Benefits and Challenges of Telephone Voting The following have been cited as the benefits of telephone voting: • Universal access from a landline or mobile phone • Voter can register their vote selections with voice commands or by using the keypad • Compatible with assistive devices • Supports the use of a recorded natural, human voice in any language, not just text -to -speech, and can be configured to meet existing telephone accessibility standards • Accessible to those who do not have Internet access or the ability to vote in person • Facilitates opportunity for increased voter participation among disabled and elderly populations • Voters can cast their ballot privately and independently • User friendly and convenient for all voters • Ability for voters to confirm selections before casting a ballot • Fewer voter errors while marking a ballot The following have been cited as the challenges of telephone voting: • Navigation -- Depending on the number of offices and the number of candidates per office, it can be very time consuming to cast a ballot • Perception of security concerns and process vulnerabilities • Voter authentication • A loss of transparency in the traditional sense with reduced oversight of some components of the voting process by candidates and scrutineers 2.2 Internet Voting 2.2.1 Overview Internet voting provides a vote anytime anywhere solution. Internet voting is really "remote e -voting", where the voter accesses the ballot via the internet. Internet voting Municipality of Clarington Report CLD -006-17 Page 6 may be used by all elector groups including seniors, persons with a visual impairment, persons with hearing loss, persons with mobility impairment, the homeless, those away from home. Voters who have access to a computer, laptop, tablet, cell phone are provided an opportunity to vote at their convenience, in the comfort of their home or anywhere they can connect to the internet. 2.2.2 PIN Codes and Information Packages An information mail -out package is sent to every eligible elector (as listed in the Voters' List supplied by MPAC and corrected by the Clerk) providing notification of the election, explaining their voting options and dates, and providing them with a secret PIN number. Unique PIN codes are mailed to voters in individual voting packets. This PIN code, in conjunction with a personal piece of information, such as date of birth, would be required for voters to log in and vote. The combination of these two pieces of information provides a secure measure to ensure the integrity of the vote and eliminates the risk of fraudulent voting. The Municipal Clerk is obligated to establish procedures to provide for electors who do not receive their information package or inadvertently lose or destroy their PIN, as well as the handling of randomly discarded information packages. A voter will have the opportunity to review their ballot, and make changes prior to submission. As with telephone voting, internet voting requires the elector to fully qualify voter intent through use of automatic controls. In other words, the system is programmed to disallow a voter from proceeding to the next office if their current selection resulted in an over -vote. Voting data is encrypted and stored in a secure database and tabulated at the end of the voting period. Voter information is severed from an internal ballot after it has been cast, which means there is no way to link a voter with their ballot. 2.2.3 Security and Privacy Voting Assistance Centres (VACs) While voting locations are not required with internet voting, according to feedback from election administrators who have deployed internet voting, VACs are advisable to assist voters who did not receive a voting kit or who need help using the online voting platform. The VACs are typically staffed with individuals that could assist voters in the process of casting their ballot with the use of computers supplied by the municipality. A customer call centre is also advisable for the period of time covering the receipt of voter information packages up to the close of voting to assist voters should they have any difficulty in the on-line voting process. Municipality of Clarington Report CLD -006-17 Page 7 2.3 Benefits and Challenges of Internet Voting The following have been cited as the benefits of internet voting: • Reduced potential for ballot errors • Removes risk of misinterpreting the voter's intent • Increased accessibility by providing a platform that is compatible with accessible tools that electors would rely on day-to-day • Offers a potential means to further engage those who may be more inclined to vote from the comfort of their own home or office rather than travelling to a physical voting place • Internet voting offers a means with which to reach electors who are geographically disconnected (e.g. Clarington residents who may be in Florida) • Mitigate the potential for long line ups at the poll • Improved accuracy of the count • Reduced staff costs (as compared to traditional paper ballot) • Decreased the time for results to be tabulated at end of the election • Eliminates the need for proxy votes • Environmental footprint reduction in the printing and destruction of paper ballots The following have been cited as the challenges of internet voting: • Perception of security concerns and process vulnerabilities • Voter authentication • A loss of transparency in the traditional sense with reduced oversight of some components of the voting process by candidates and scrutineers • The availability of internet access in the community • Administrative work necessary to support initial use • Costs to administer as a complementary channel (although it can often be less costly than traditional methods when employed as the exclusive voting channel) 2.4 Deployment of Alternative Voting Methods To properly consider internet voting, staff researched the use of internet and telephone voting for municipal elections within Ontario. 2.4.1 Other Municipalities While internet voting has been used globally since 2000, internet voting in Ontario was introduced at the municipal level in 2003 by several municipalities (in conjunction with traditional paper ballots at voting locations or telephone voting). The Town of Markham has been using internet voting since 2003 and the City of Peterborough and the Town of Cobourg have been using internet voting since 2006. Municipality of Clarington Report CLD -006-17 Page 8 Municipalities across Ontario are increasingly using internet voting in their elections, either exclusively, or in combination with another form of voting. In the 2014 Municipal Elections, 97 municipalities offered internet voting, of those, "fifty-nine Ontario municipalities ran fully electronic elections [either internet alone or in combination with telephone voting] in 2014, 58 of those used a combination of internet and telephone ballots, while the municipality of Leamington held the first internet-only election. In these cases, 12% more people chose to vote online. Regarding turnout, eliminating paper voting is associated with a 2% increase in voter turnout." 2 "Worldwide, the 2014 Ontario municipal election was the largest deployment of internet voting in local elections to date, and represents a significant shift toward electoral modernization at the municipal level in Canada.113 For example, the Towns of Ajax, Cobourg, and Wasaga Beach used internet and telephone no other voting methods for the 2014 municipal election. Cobourg reported the following benefits from their experiences: • Increase in participation rate overall; • Decrease in cost to taxpayers for election expenses; • Convenient, efficient and effective voting opportunities and environmentally friendly options including no need to attend voting locations in cold weather and no need to travel or park vehicles; • Increase in the number of voters residing in long-term care facilities; • Many seniors were using a computer for the first time and found the experience positive; and the Library noted an increased interest in computer courses offered as a result; • General improvement of the accuracy of the voters list and update procedures (with the exception of tenant information updates/gaps); • Public Awareness campaign successful and provided expanded opportunities to inform voters of upcoming election, check voters list and understand internet and telephone voting procedures; • Tremendous support from municipal staff, the election auditor, candidates, voters and the media during entire process and, in particular, during the final hour leading up to the close and extension of the poll; • Final returns were calculated quickly and accurately for announcement of the final results; • Commendation from the Accessibility Community and Accessibility Ontario Cobourg was cited as an example by advocacy groups for similar types of elections at the Provincial level; 2 Dr. Nicole Goodman and Leah C. Stokes, "Internet Voting and Voter Turnout", Municipal Monitor, AMCTO. Q4,2016. 3 Dr. Nicole Goodman and Heather Pyman, "Internet Voting Project Report — Results from the 2014 Ontario Municipal Elections". July, 2015. Page 8, paragraph 1. Municipality of Clarington Report CLD -006-17 Page 9 Other municipalities, such as the City of Peterborough and the City of Markham, were also successful in providing internet voting during the 2014 municipal elections through the advance voting period. The Town of Ajax saw an increase in their overall voter turnout from 25 to 30 percent. A professionally conducted post-election survey of Ajax voters concluded that 95% of voters were satisfied with using internet voting to cast their ballot. As part of their 2016 Service Review, the City of Owen Sound heard that 60% of their residents agreed that they wanted to vote online in the next municipal election, which would be a move from vote tabulators, similar to Clarington's experience. The Town of Whitby recently exclusively used internet and telephone voting in the 2016 North Ward One By-election for the first time. Whitby chose to offer a volunteer survey at the end of the voting process, in order to obtain feedback from voters regarding their voting experience. Ninety-seven percent of electors indicated that they would likely use internet voting in the future if it were available.4 Despite this success, the Town of Whitby has voted to not use internet voting for their 2018 municipal elections. The City of Pickering recently voted to use internet and telephone voting for their 2018 municipal elections for the first time. 2.5 Integrity and Security of Internet Voting The integrity of the internet vote is paramount, the service levels and security measures of a successful deployment must include the following: • "Mission critical" protocol for servers, • Standard encryption protocols, • Firewalls and routers to address flood attacks, phishing, spyware and website defacing, • Password protection for system access and system rights, • Tabulation of votes restricted to close of voting on voting day, • Ease of use, • Power redundancy and network connections • System audit trails, and • A reliable identification verification for the electors. 4 Town of Whitby Report CLK 21-16, dated September 12, 2016, "2016 North Ward One By - Election Summary and Considerations and Options for the 2018 Municipal Election". Municipality of Clarington Report CLD -006-17 Page 10 There are several service providers of secure internet voting in Canada and abroad. The service levels offered vary among the suppliers. The above security measures would be included in the contract with the successful vendor, including a requirement for the vendor to ensure that they have done their "due diligence" in ensuring uptime for the website and guarantee service levels. Internet voting has been deployed by many municipalities in Ontario since 2003. While many municipal clerks and IT professionals have expressed concerns with the security, such concerns seem unfounded to date. "Internet voting will not erode democracy or result in vote buying and election fraud any more than does the existing system.115 While there have been some instances of `technical hiccups' occurring, of the roughly 100 Ontario municipalities to utilize internet voting to date, staff research did not identify any cases of voter fraud, security breach, or other process challenges sufficient to controvert an election. Municipalities such as the City of Peterborough, Town of Cobourg, and City of Greater Sudbury undertake a complete external audit on the internet system by an external auditing firm to validate the system security. Such an audit includes testing on all of the components and written confirmation that the system to be used is effective with minimal security risk. This would be similar to the security audit that Clarington had done at the end of 2016. The vendor would need to provide assurances that they have performed the necessary steps for security compliance. Some vendors provide for monitoring of the system for suspicious activity while maintaining the secrecy of the vote (e.g. high volume voting from a single IP Address). Often there are concerns raised regarding the possibility of "repeat voting". The technology includes protections against repeat voting - once an individual has voted he or she will no longer be able to log into the system and vote again and will immediately be marked as voted on the Voters' List. The use of internet voting as the sole method of voting often raises questions about the risk posed by power outages or loss of internet access at a VAC, both of which are manageable risks. A loss of internet access at a VAC would necessitate the employment of a redundant or "back-up" source of internet, the utilization of a back-up voting method, or in the very worst-case scenario, the need to direct voters to another nearby VAC. A loss of power would also require appropriate emergency back-up plans, however such a scenario would cause no greater issue than if it were to occur at a traditional paper -and - tabulator polling location. Both of these risks are mitigated by preparing emergency management procedures, and providing for redundancies in all voting locations (i.e. multiple sources of internet access, or secondary methods available in the event of a temporary outage). 5 Nicole Goodman, Jon H. Pammett and Joan DeBardeleben, "Internet Voting. The Canadian Municipal Experience". Canadian Parliamentary Review, Autumn 2010. Page 20. Municipality of Clarington Report CLD -006-17 Page 11 2.6 Confidentiality of Vote The provisions of the Municipal Elections Act places the onus on electors to not interfere with another elector. The provisions have recently been further strengthened through Bill 181 to make it an offence for an elector to take an image of a voted ballot and to show it to anyone. Ironically, although privacy is often raised as concern, the Internet Voting Project found that voters who used internet voting actually found it to be more private than traditional voting.6 2.7 Response of Voters to Internet Voting The following information comes from AMCTO's survey results of municipalities following the 2014 municipal elections as well as other academic research on internet voting, such as The Goodman/Pyman Report". They worked with 47 Ontario municipalities to collect survey data from internet voters, paper voters, candidates, and election administrators regarding how internet voting impacts electoral democracy at the local level in Canada. The Report notes the following: • While a conclusive impact on turnout is unclear, internet voting seems to have a noticeable impact on voting patterns by increasing the number of votes cast during the advance voting period. • Some non -voters may be encouraged to participate by internet voting, but it is not a solution to remedy declining voter turnout or to engage young people. • Internet voting impacts voting patterns, especially when offered in the advance portion of the election. • The cost of internet voting depends on the model and approach used. • Education and outreach is the biggest challenge for implementation.' 2.7.1 Voter Satisfaction Of the 43 municipalities who used an online voting process and participated in Dr. Goodman's survey, 95% of respondents report being satisfied with the online voting process, compared to 68% of paper ballot voters.$ Interestingly, "older voters report 6 Dr. Nicole Goodman and Heather Pyman, "Internet Voting Project Report — Results from the 2014 Ontario Municipal Elections". July, 2015. Page 12. 7 Ibid. Page 7, Paragraph 4. 8 Dr. Nicole Goodman and Heather Pyman, "Internet Voting Project Report — Results from the 2014 Ontario Municipal Elections". July, 2015. Page 28 Municipality of Clarington Report CLD -006-17 Page 12 being slightly more satisfied with the voting method than the youngest cohort of voters"9 Additionally, respondents noted that they felt that this method was more private than paper ballot. For those that were less satisfied, they explained that they would be more satisfied if there were fewer steps involved in the process. Interestingly, 89% of the paper ballot voters indicated that they were aware of internet voting. When asked about their concerns with internet voting, the majority responded that they were concerned with security (37%), but the next largest response (32%) was that they "didn't have concerns". Additionally, it is interesting to note that 66% believe that telephone voting would be less safe than voting by internet and 54% felt that vote by mail would be less safe than internet. When asked "under what circumstances would you use internet voting in the future?", 47% indicated that they would use internet voting "under special circumstances", 30% would use it "no matter what" and 16% would not use it all. Six percent of paper ballot voters indicate that they do not have internet access at home. 2.7.2 Voter turnout Although not explicit in The Goodman/Pyman Report, discussions with Dr. Goodman revealed that she found that "times were changing" and there was an increased voter turnout with the use of internet voting when internet voting was used exclusively for the whole period. 3. Options 3.1 Principles It is the Clerk's duty, under the Act, to ensure that, when using alternative voting methods, the procedures and forms established by the Clerk are 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 accessible 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. • The proper majority vote governs by ensuring that valid votes be counted and invalid votes be rejected so far as reasonably possible. 9 Ibid. Page 12, Paragraph 3. Municipality of Clarington Report CLD -006-17 Page 13 3.2 Narrowing the Options for Clarington In reviewing experiences elsewhere and the effort and effectiveness of the Clarington's 2014 method of voting to the opportunities for the 2018 method of voting, Staff considered the following two options: Option 1 - Status Quo (i.e. same process as 2014, being paper ballot with vote tabulators) • Option 2 — Internet and Telephone Voting for both Advanced Voting and Election Night Staff also considered a third option, a combination of internet/telephone voting for Advanced Voting and traditional paper ballots for Voting Day. However, it was not analyzed further given that it would really mean running two elections at the same time. Staff has concluded that it would take considerably more money and effort without evidence of greatly improved benefit. Consideration of the Options 1 & 2 are discussed in detail below. 3.3 Option 1 - Status Quo 3.3.1 Overview The status quo option is the same approach to conducting the election as was used in 2014. • Traditional paper ballots • Approximately 33 voting locations arranged throughout the municipality where electors must attend to cast their vote • Hiring approximately 320 election officials • Approximately 45 municipal staff members required to control parking lot traffic, greet, guide, audit, assist with ballot balancing issues, record results, and transport and guard the election ballots, records and supplies. • Poll count vote tabulating equipment used to count the paper ballots to use. • Advance voting on two dates (yet to be determined) • Proxy voting opportunity • Audio and tactile equipment availability • Special Mail -in Ballot opportunity for electors who are unable to attend the voting location to vote on election day in a paper ballot election or at the advance voting opportunities because of physical incapacity, being absent from the municipality, or working as an election official. Municipality of Clarington Report CLD -006-17 Page 14 3.3.2 Financial Implications of Option 1 The cost for conducting the Clarington 2018 Municipal Elections using the voting and vote counting method as described in Option 1, including the special ballot option and proxy voting, is estimated to be $360,000 (excluding transfer to reserves and increased ). This is based on approximately 33 voting locations and hiring approximately 310 election staff and the additional contract election administration staffing resource. 3.3.3 Analysis Strengths • proven procedures • familiar to electors • accurate results — tabulating equipment eliminates manual count • paper ballot and vote tabulator software provides audit trail • accessible voting equipment availability • vote tabulators assist in simplifying recount • Election process at the voting locations may be scrutinized — not the counting. • Early election night results. • Integrity of vote Opportunities • Results by voting subdivision • Residents able to participate in election administration • Voting equipment availability for electors with special needs • Voter confidence in proven system in Clarington Weaknesses • administration of event planning very time-consuming • required secure space to stage equipment and supplies for event • logic and accuracy testing very challenging and extremely time consuming • many voting locations required • electors must travel to voting location • Challenging to recruit sufficient qualified staff • Training is becoming more difficult due to the increasing complexities that the poll workers must learn. Threats • Competency and reliability of vendor • Power interruption • Equipment becomes inoperable • Availability of accessible voting locations • Voting location security (ie schools) • Weather as electors are required to attend a voting location • Opportunity for judicial order for manual recount • Voting assistive devices can be cumbersome and not familiar for electors requiring assistance Municipality of Clarington Report CLD -006-17 Page 15 Summary Option 1 meets the principles of the Act and proved suitable for Clarington's 2014 Municipal Elections. The benefits remain consistent as do the weaknesses of the option for 2018. The threats, however, of security at voting locations (in particular schools), are anticipated to be even greater. The threat of securing sufficient, suitable and capable election workers has proven to become more and more challenging with each election over time. As stated above, this option is feasible in that it is within the planned budget. Option 1 was proven to be acceptable by Clarington's electors in 2014. That said, very few electors took advantage of the Special Mail in Ballot opportunity and none of our electors with special needs took advantage of the voting assistive devices; with the exception of the magnifying sheets. Offering this equipment was very time-consuming and labour intensive to prepare and had no return on investment. 3.4 Option 2 - Internet and Telephone Voting Only 3.4.1 Overview This option commits to discontinuing the use of paper ballots entirely and using internet and telephone voting, as follows: Electors confirm they are on the Voters' List via MPAC's elector portal. In early October, each elector will receive an information package containing: o voter's ID number o voter's unique PIN to vote o webpage and telephone number for the voting system o voting information, i.e. candidates running for office, location of VACs, legal requirements to vote, how to find more information, etc. Accessing the voting system: o electors will be required to confirm they are entitled to vote when accessing the system and to enter their ID and PIN number provided on the notice and the answer to the security question o user will follow the prompts and confirm his or her selections. Continuous voting period of an estimated 8-10 days, up to 8:00 PM on Voting Day, October 22nd • VACs staffed with election officials to- o provide assistance and clarification on the election process o be added to the voters' list o amend their entry on the voters' list, and o cast their vote (should they not have convenient access to the telephone or internet). Call centre hotline which would be staffed both during and after regular business hours • Direct and continuous involvement with IT staff Municipality of Clarington Report CLD -006-17 Page 16 This opportunity for internet and telephone voting would therefore eliminate the following: • Proxy voting • Audio and audio tactile equipment • Special Mail -in ballot • Paper ballots • Vote tabulators 3.4.2 Financial Implications of Option 2 The cost for conducting the Clarington 2018 Municipal Elections using the voting and vote counting method as described in Option 2 is estimated to be $355,000. This is based on an estimated number of VACs with election officials to assist electors and the additional contract election administration and IT staffing resources. 3.4.3 Analysis Strengths • Accurate count • Greater accessibility - allows for private independent voting • Reduced potential for ballot errors by confirming voter intent -- No over votes. • No subjectivity related to count/recount. • Recounts are objectively conducted using internet voting data • System audits provide ongoing access to voting activity with no ability to jeopardize the secrecy of the votes • Security designed with two components (a personal information detail and a randomly selected unique PIN) • Reduction in Voting Assistance Centres and therefore reduced staffing needs. • Integrity of the vote Weaknesses • Additional due diligence related to the technology is required to manage system security. • Increased IT resources required • Average time to vote by phone is approx. 8 to 10 min based on size of ballot. • Clerk required to prepare new procedures and processes • Increased public education and awareness Municipality of Clarington Report CLD -006-17 Page 17 Summary Option 2 meets the principles of the Act and would be suitable for Clarington's 2018 Municipal Elections. The benefits and opportunities of Option 2 exceed those benefits and opportunities of Option 1. The most significant threat of Option 2 is the vulnerability or perceived security threats. External Factors Opportunities Threats • Greater number of days to cast a • Unsupervised voting. ballot • Competency and reliability of vendor • Enhanced service delivery • Voter information package may be • Increased accessibility by providing a stolen and get into another person's platform that is compatible with hands. accessible tools that electors would • Service interruptions for access to rely on day-to-day internet, computers/phones. • Expectation of use of technology. • Inaccuracy of voters' list Most people have adapted and, in • Last minute voting traffic on the internet some cases, come to expect the and phone infrastructure convenience that technology has to . Roles of the candidate/scrutineers offer whether it be a municipal service change. or on-line banking, to move to internet . Perceived vulnerability of system is both progressive and logical. security. • Engage electors who may be more inclined to vote at their convenience • Eliminate line-ups to vote • Multi -channel voting options. • Fixed cost for the technology, based on the number of eligible voters. • Results could be within 10 to 20 minutes on Voting Day after 8 PM. • Quick voting process. • Convenient — vote anytime and anywhere during the voting period. Voting opportunities are 24 hours/8-10 days. No line-ups to vote. • Eliminate need for proxies or Special Mail -In Ballots. • Engage wider range of age demographics. • Simple, easy to understand. • Positive environmental impact. Less paper, less fuel consumption (i.e. voters and workers aren't driving to voting locations). Summary Option 2 meets the principles of the Act and would be suitable for Clarington's 2018 Municipal Elections. The benefits and opportunities of Option 2 exceed those benefits and opportunities of Option 1. The most significant threat of Option 2 is the vulnerability or perceived security threats. Municipality of Clarington Report CLD -006-17 Page 18 Option 2 can be feasibly undertaken within the planned 2018 Election budget and is estimated to be slightly less than Option 1. Option 2, although a totally new method of voting for Clarington's electors, is anticipated to be well received. This anticipation is based on feedback from other municipalities as well as research findings cited above. Additionally the smooth transition in 2015 for Clarington residents to move from a telephone registration process to the EasyReg online recreation registration system underscores Clarington's readiness to adapt to online technology. As for the identified threat of unsupervised voting, staff do not anticipate this being a matter of issue for Clarington voters as Vote by Mail (also an unsupervised voting model) was successfully used in 3 elections in Clarington. 4. Proposal 4.1 General Staff recommends that voters in the Municipality of Clarington vote by internet and telephone beginning with the 2018 Municipal elections. Selection of the "internet only option" as the preferred voting method will require candidates and electors to accept that there will be no option to mark a paper ballot. While this may be a difficult adjustment for some, it should be acknowledged that there is a clear trend in Ontario toward this type of voting, given the many benefits detailed above. Our neighbours, including Pickering, Ajax, and Cobourg, are among the many municipalities that have adopted this method. Should there be a change, a new by-law needs to be adopted before May 1, 2017 (see Attachment 2 for draft by-law). 4.2 Voting Period If selected, internet and telephone voting would ideally be provided for an 8 -day advance voting period. A one-step process is recommended whereby the electors receive an information package in the mail which would contain information about the voting process, a website address to be accessed to cast their ballot, and their confidential PIN. They then use their PIN to log into the system, along with another personal identifier (e.g. date of birth) to access their ballot. Unlike internet voting in 2010 and prior, the current election technology will allow electors to vote using any device connected to the internet including computers, tablets, and smart phones. Municipality of Clarington Report CLD -006-17 Page 19 4.3 Addressing the Perceived Risks with Internet Voting Security The concept of unsupervised voting proved quite successful for the Municipality of Clarington. The 2000, 2003 and 2006 elections where conducted using vote by mail with the only significant complaints received being related to the vote by mail packages having been left in apartment lobbies and "why can you successfully mail me my tax bill but you can't successfully mail me my ballot?". Both of these issues can be addressed procedurally. In conjunction with IT and the service provider, staff will take advantage of the available security technologies and best practices of veteran internet voting municipalities to provide a secure voting platform. 4.4 Internet Use and Availability Several concerns have been expressed with respect to the security of internet voting regarding fraudulent activity. Distributed Denial of Service (DDos) attacks, Trojan horse, viruses and website spoofing have all been identified as potential threats. Municipalities who have deployed internet voting have established procedures to address potential risks by implementing both technical and process related security measures designed to support system administration and control user access. Technical protective measures such as firewalls, user authentication techniques, failover connectivity and server redundancy all decrease the likelihood and effectiveness of these threats. Proper testing and auditing also serves to protect the voting system from external threats. Internet voting platforms utilize the same stringent access methodologies and encryption principles which protect internet banking sites and Electronic Medical Records (EMR) systems. It should be noted that this option can only be successful with the support of Clarington's IT Division. It is acknowledged that there will be additional pressure on IT staff in order to focus on the security measures and to provide support. Procedural controls can be put in place to authenticate potential electors. For example, only electors on the voters' list receive credentials which can be used to register to vote and/or vote online. An individual may be added to the voters' list but first must validate their identity by submitting an acceptable form of personal identification to a designated Election Official. Concerns regarding a lack of internet coverage in Clarington have been raised in the past. Internet coverage in Clarington has expanded even in the last four years according to service area maps as supplied by the Canadian Radio -television and Telecommunications Commission [CRTC]). According to input from the Clarington Board of Trade, the topic is discussed regularly with local business and feedback indicates that concerns rest primarily with adequate broadband services for high volume and larger data usage and not with access to the internet. Municipality of Clarington Report CLD -006-17 Page 20 4.5 Voting Assistance Centres (VACs) To address concerns with any lack of internet coverage, during the voting period and on Voting Day, there would be VACs set-up throughout the Municipality. These VACs will offer voters a place to vote if they do not have a computer, internet access, a telephone or a cell phone. These VACs will also offer voters the ability to seek assistance in voting and would provide the "social" component of voting that some electors desire. The VACs will be equipped with touchscreen voting stations and telephones and election officials to provide assistance as required. While the number and locations of the VACs are yet to be determined, consideration will be given to voter demographics, internet service, and input from veteran internet voting municipalities. According to the Goodman Report, 88% of electors cast their ballots from home followed by 7% from work and less than 5% from other locations. While statistics are helpful, in the first year of deployment, a conservative approach to offering VACs has proven successful in other jurisdictions. 4.6 Communications & Education Staff recognize that an aggressive and multi -channel marketing campaign is imperative. According to The Goodman/Pyman Report, 34% of respondents to the study stated that they learned of internet voting from the Voter Information Packages, followed by 14% for newspaper/TV/radio, and 12% from newspaper notices. Few respondents (10%) heard about internet voting from social media. The communication and education program from 2014 would be updated and deployed using: • Internet — post information for candidates and voters; online help guide; helpdesk email and phone number; possibly an online video; FAA's • Social Media • Radio advertising • Tax Bill inserts • Newspaper advertisements • Voter notification cards — including helpdesk email and phone number • Education sessions An integrated communications strategy for the 2018 Clarington Municipal Elections will be developed. It will be important to thoroughly engage stakeholders (candidates, public and media) early on in the process, educate them about the process and encourage their questions. Our communications strategy will identify and address communications needs and issues of all stakeholders (from youth to seniors) and employ various tactics suited to specific and diverse audiences to facilitate voting. The goal will be to ensure that all stakeholders are well informed of the voting processes. We will do outreach training and offer assistance sessions such as at the seniors' centres in Bowmanville, Courtice, and Newcastle, Orono and Kendal. Municipality of Clarington Report CLD -006-17 Page 21 It will be important to start early and we will try to attend community events to get the word out. 4.7 Accessibility Accessibility remains a priority in our service levels to our electors. Research indicates that, in Ontario residents over the age of 15, approximately 15%10 are persons with some form of disability. This is expected to rise to one in five persons within the next 20 years as the population ages. The recommended 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. As stated earlier, electors will be able to cast their ballot using technologies such as tablets, computers and telephone. For our residents in long-term care facilities, touch screen tablets would be used. 5. Concurrence This report has been reviewed by the Director of Corporate Services who concurs with the recommendations. 6. Conclusion It is respectfully recommended that, while all methods detailed in this report are thought to be appropriate for the Municipality of Clarington, and deployable within the municipality's means, Option 2 — Internet and Telephone Voting for Advance Polls and Voting Day, is being recommended for the 2018 Municipal Elections as a secure, cost- effective method that provides convenience, accessibility and integrity in the voting process. It is the most suitable, feasible, and acceptable option and positions Clarington as a progressive, sustainable and fiscally responsible municipality. Should Council wish to proceed with Option 2, Internet and Telephone voting, for the 2018 Municipal Elections, it is further recommended that the by-law attached to this report as Attachment 2, be adopted. Further, should Council choose not to proceed with Option 2, Staff recommends staying status quo, being Option 1 and no by-law changes are required. 10 Statistics Canada, "A profile of persons with disabilities among Canadians aged 15 years or older, 2012". Table 1. Available at: http://www.statcan.gc.ca/pub/89-654-x/89-654-x2015001- eng.htm Municipality of Clarington Report CLD -006-17 Page 22 7. Strategic Plan Application The recommendations contai ed in this Report conform to the Strategic Plan. Submitted by: Reviewed by: 4C.6ne 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 — Voting Methods used in Ontario in 2014 Attachment 2 — Authorizing By-law Attachment 3 — Clarington's 2014 Municipal Elections Summary There are no interested parties to be notified of Council's decision. Attachment 1 to Municipality of Clarington Report CLD -006-17 Voting Methods Used in 2014 Advanced Voting Methods, by Population, in Ontario municipalities: 20 15 ■ Paper Ballot 10 ■ Touch Screen ■ Mail -in Ballot 5 ha 1111.111 I■ ■ ■I� I I I� ■ Phoneet 0 h000 0000 0000 0000 0000 0000 000y y 'y 'li h00y 000 000y 00ti 00ti ram ti dot Voting Day — Voting Methods, by Population, in Ontario municipalities: 20 15 1 10 5 1111 1111 111 1 0 In ■ I I■ X000 0000 0000 0000 0000 0000 000 ti ti 3 � ,y0 ,ti0 ,LO �OOy 000y OOpy ooti OOti ram l ■ Paper Ballot ■ Touch Screen ■ Mail -in Ballot ■ Internet ■ Phone Attachment 2 to Municipality of Clarington Report CLD -006-17 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2017 -XXX Being a by-law to authorize the use of internet 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 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 internet voting for municipal elections; 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 internet voting equipment for the purpose of voting and vote counting for municipal elections in Clarington. 2. That no proxy voting provisions be permitted. 3. That By-law 2013-038 be repealed. 4. This by-law shall be effective on the date that it is passed. Passed this of 2017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 3 to Municipality of Clarington Report CLD -006-17 Clarington's 2014 Municipal Elections Summary Aspect Details Electoral Ward 1 20,926 population Ward 2 18,525 Ward 3 12,419 Ward 4 11,714 Total 63,584 Voting Ward 1 10 Subdivisions Ward 2 9 Ward 3 6 Ward 4 8 Total 33 NOTE: This does not include the special voting subdivisions. Voting Locations Ward 1 11 Ward 2 11 Ward 3 8 Ward 4 9 Total 39 Includes 6 special voting locations (i.e. Hospitals/long-term care facilities). Voting Location 117 Deputy Returning Officers Election Staff 48 Greeters 67 Revision Clerks 6 Stand-by 34 Technical Deputy Returning Officers 33 Voting Place Supervisors 1 Parking Lot Attendant 306 TOTAL NOTE: This does not include the 45 paid Clarington staff that worked Election Night, which cost approximately $7000 Accessibility Sip `n Puff / audio and other accessible voting equipment was available at each Accommodations of our five advance voting opportunities centrally located over a five day period. Opportunity for Special Mail -in Ballots for electors who are unable to attend the voting location to vote because of physical incapacity, being absent from the municipality, or working as an election official Attachment 3 to Municipality of Clarington Report CLD -006-17 Costs The 2014 Clarington Municipal Elections total cost was approximately $332,000 (excluding transfer to Reserves), with approximately $107,500 for vote tabulator related costs. Special Mail -In Ballot In the 2014 election, the Municipality of Clarington introduced a "Special Mail -In Ballot" (SMIB) for the first time. The purpose of this ballot option was intended to accommodate those electors who are unable to attend the voting location to vote on election day in a paper ballot election or at the advance voting opportunities because of physical incapacity, being absent from the municipality, or working as an election official. In 2014, this service allowed 39 electors to conveniently vote where they may not have otherwise been able. Proxy Voting Voting by proxy allows individuals, who may not be able to vote or are unable to attend a physical voting location, either on advance voting dates or on Election Day, to cast a ballot. A total of 27 electors in Clarington used proxy voting in the 2014 municipal elections. Staffing Despite aggressive advertising in the local newspapers, posters in Municipal facilities, and on our Municipal website, the 306 election staff positions were somewhat difficult to fill. At the conclusion of the count, each of the 34 Technical Deputy Returning Officers (TDROs) had to report to Election Return Headquarters (132 Church St.) to receive assistance, where necessary, in closing off and balancing their poll, and to return their election supplies. Approximately 45 Municipal staff members were assigned to control parking lot traffic, greet, guide, audit, assist with ballot balancing issues, record results, and transport and guard the election ballots, records and supplies. Results The final results were declared at approximately 9:40 PM on Election Night