HomeMy WebLinkAbout10/13/2009 (Special)
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SPECIAL COUNCIL MEETING
DATE: TUESDAY, OCTOBER 13, 2009
TIME: 2:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
DELEGATIONS (List as of Time of Publication)
a) Marion Manders - Vote By Mail (Correspondence Item D - 1),
Report CLD-021-09 - Methods of Conducting the 2010 Municipal Elections
(Staff Report #1 ) and Report CLD-022-09 - Proposed Election Sign By-law
(Staff Report #2)
COMMUNICATIONS
Receive for Direction
D - 1 Marion Manders expressing numerous concerns with the Vote By
Mail System including the opportunity for fraudulent practices with
virtually no procedures in place for prevention; itemizing various
concerns relating to staffing, the ability of electors to access the
Municipal Office outside of regular working hours, the methods of
making revisions to the Voters' List, the timing of mail delivery,
confusion surrounding the instructions for completing and mailing the
ballot, the inability of scrutineers to examine rejected ballots,
concerns with the tabulation system, election advertising and
signage; and, requesting that Council seriously consider returning to
the traditional system of voting for the 2010 elections.
(Motion to refer correspondence to
the Municipal Clerk)
CORPORATION OF THE MUNICIPALITY OF CLARINGTOt
4.0 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-337
Special Council Agenda
- 2 -
October 13, 2009
D - 2 Susan DaCosta expressing concern with the Vote By Mail system
listing numerous concerns regarding the compilation of the voters'
list and method of revisions to the list, the lack of accountability of
the Vote By Mail kits and the potential for fraud, confusion
surrounding instructions for completing and mailing the ballot, the
inability of scrutineers to work with municipal and election staff to
examine rejected ballots, the lack of privacy in using the Municipal
Clerk's Department to deal with voter inquiries; and, requesting
Council to reconsider the Vote by Mail System of election and return
to a more democratic method of election.
(Motion to refer correspondence to
the Municipal Clerk)
STAFF REPORT(S)
1. Report CLD-021-09 - Methods of Conducting the 2010 Municipal Elections
2. Report CLD-022-09 - Proposed Election Sign By-law
BY-LAWS
2009-144 Being a By-law to repeal By-law 2006-107 and to authorize the
use of internet voting combined with traditional paper ballot voting
at designated voting places and the use of automated vote
counting equipment for the tabulation of ballots(Staff Report #1 )
CONFIRMING BY-LAW
ADJOURNMENT
Staff Report # 1
Clwiogton
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date:
October 13, 2009
Report #: CLD-021-09
File #:
By-law #:
Subject: Methods of Conducting the 2010 Municipal Elections
RECOMMENDATIONS:
It is respectfully recommended:
1. . THAT Report CLD-021-09 be received;
2. THAT the method of conducting municipal elections in the Municipality of Clarington
be changed from Mail-in Voting to a combination of internet voting and traditional
paper ballot at voting locations;
3. THAT the method of tabulating the results in municipal elections in the Municipality
of Clarington be changed from a centralized vote tabulator to voting location vote
tabulators for the cast paper ballots combined with the results of the ballots cast
through internet;
4. THAT staff be authorized to issue a Request for Proposal for the use of Internet
Voting, Optical Scan poll count Tabulation equipment, and real-time Voters' List
Management System for the 2010 Municipal Elections in the Municipality of
Clarington;
5. THAT the by-law attached to Report CLD-021-09, as Appendix 4 authorizing the use
of internet and poll count tabulation equipment for Clarington municipal elections be
approved;
6. THAT the interested parties listed in Report CLD-021-09 be advised of Council's
decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.:CLD-021-09
Page 2
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Reviewed by: Franklin Wu,
Chief Administrative Officer
REPORT NO.:CLD-021-09
Page 3
1.0 BACKGROUND AND COMMENT
1.1 At the regular Council meeting held on June 1,2009, the Municipal Clerk was directed
to arrange for a special Council meeting to educate Members of Council on the methods
of elections and that this education session also speak to election sign issues as they
pertain to the election methods.
Resolution #C-339-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-051-09 be received;
THAT the draft Sign By-law contained in Attachment 6 to Report PSD-051-09
continue to be reviewed to address any concerns raised at the public meeting;
THAT all interested parties listed in Report PSD-051-09 and any delegations be
advised of Council's decision;
THAT the Municipal Clerk be directed to arrange for and schedule a Special
Meeting of Council for the purpose of educating Members of Council on the
methods of conducting the 2010 Municipal Elections under consideration,
including signage; and
THAT this Special Meeting be open to the public.
1.2 Section 11 (1) of the' Municipal Elections Act, 1996, as amended, establishes the 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; and
c) Maintaining peace and order in connection with the election.
1.3 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.
REPORT NO.:CLD-021-09
Page 4
By-law 2006-107 was enacted by Council on May 15, 2006 and authorized the use of
vote by mail and automated vote counting equipment at the Municipal Elections. This
by-law remains in effect until such time as it is repealed.
1.4 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 Clerk's
duty to ensure that when using alternative voting methods, that the procedures and
forms established by the 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 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.
1.5 Demographics of Clarington Electors
Electoral Population 61,098
Ward 1 19,555
Ward 2 17,570
Ward 3 12,442
Ward 4 11,531
Voting Subdivisions None - eliminated with introduction of vote by mail in 2000
Internet Access/Usage Out of all those surveyed,
- 100% use the internet from home
- 0% are not familiar with using the internet
- 34% are somewhat familiar with using the internet
- 66% are very familiar with using the internet
Voter Turnout See Appendix 1
People with Disabilities 12,000
(based on Provincial statistic estimates provided by
Accessibility Experts)
REPORT NO.:CLD-021-09
Page 5
1.6 2010 Municipal Election Goals
The goals for our 2010 municipal election 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, convenient and trustworthy for electors;
· Streamlining administrative processes; and
· Maintaining quality, integrity and accuracy.
2.0 METHODS OF CONDUCTING AN ELECTION AND COUNTING VOTES
2.1 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.
2.2 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. In some cases, technology can also
have an effect on voter turnout. Technologies include, but are not limited to: web-
based voters' list management, centralized and decentralized vote counting equipment,
audio balloting, electronic balloting as well as conversion of electronic balloting to
generate paper ballots. Appendix 2 to this Report details the summary of the pros and
cons of the most common methods of conducting an election and vote counting
equipment.
2.3 Staff undertook a review of the various methods of conducting elections in consideration
of Clarington's needs and a summary of the findings are included in Appendix 3 to this
Report.
2.4 Vote by Mail
2.4.1 The Municipality of Clarington has successfully conducted the past three municipal
elections using the vote-by-mail method. In 2006 we also introduced the use of central
count tabulators to improve our vote counting.
2.4.2 Since 2000 Canada Post was the successful proponent contracted to provide voters' list
management, design, supply and assembly of voting kits, and mailing of outgoing voting
REPORT NO.:CLD-021-09
Page 6
kits and incoming ballots. Canada Post has confirmed they expect to be offering the
same services for the 2010 elections as were offered in 2006.
2.4.3 Vote by mail met the principles of the Act, but staff believe, however, that the vote by
mail process alone no longer meets the new accessibility standards.
2.5 Internet Voting
2.5.1 Internet voting provides a vote anytime anywhere solution. It may be used by all elector
groups including seniors, visually impaired, deaf or hard of hearing, homeless, those
away from home, and mobility impaired. Electors are provided an opportunity to vote at
their convenience, in the comfort of their home or anywhere they can connect to the
Internet.
2.5.2 To properly consider internet voting, staff researched the use of internet voting for
municipal elections within Ontario and the use of internet voting in Ontario provincial
elections and in federal elections. Staff also undertook a survey of our residents
throughout Clarington to gather internet usage data.
2.5.3 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) including the Town of
Markham, six municipalities in Stormont, Dundas and Glengarry and five municipalities
in Prescott-Russell. While there was no doubt a learning curve for the electors and the
Clerk's administration, the voter participation ranged between 39% and 65% for the
smaller municipalities and 37% for the Town of Markham. In 2006 all but one of these
municipalities used internet voting again and many more municipalities introduced
internet voting as an option for their electors, including Peterborough and Cobourg. The
2006 voter participation in those same smaller municipalities generally ranged between
53% and 62%, while the Town of Markham remained consistent with 2003. The Town
of Markham reports that a total of 17.2% of votes cast were cast using the internet. For
the 2010 elections, again, these municipalities are continuing with internet voting and
many intend on building on their internet solution. As well, other municipalities east of
Clarington are contemplating the introduction of internet voting for their 2010 elections.
2.5.4 Internet voting has also been implemented for municipal elections outside of Ontario.
Specifically, the Regional Municipality of Halifax offered internet and telephone voting
for advance polls (3 days) in their regular municipal elections in 2008. Their overall
REPORT NO.:CLD-021-09
Page 7
voter turnout consists of 36.2% with approximately 28% voting by internet, 12% voting
by telephone and 71 % voting by traditional paper ballot at the voting location. Recently,
in their September 2009 Special Election, they expanded their internet/telephone
options to run for 7 days (up to close of voting on voting day). Voter turnout was 35%
with 3% voting by telephone, 75% voting by internet, and 22% voting by paper. Internet
and telephone voting were also successfully used in three other municipalities near
Halifax.
2.5.5 Elections Ontario has not yet implemented internet voting, however the Chief Electoral
Officer's Report on the preparation and delivery of the 38th Provincial General Election,
Access, Integrity and Participation: Towards Responsive Electoral Processes for
Ontario which advocates the exploration of alternative (non-paper) voting channels, as
well as other automated processes.i
2.5.6 In 2008 Elections Canada held the 40th General Election, following which Elections
Canada undertook several surveys of electors, candidates, and polling staff. The
following details key findings:
. There is a marked decrease in voter turnout since 1962.
· Elector responses indicated that 57% of those who did not vote were out of town, too
busy, were at work or at school or had family obligations.
· 48% of the Candidate suggestions for improvements dealt with voting or registration
changes, and of those, 8% suggested introducing on-line voting.
· Election Canada's Strategic Plan 2008-2013ii includes a commitment to increase the
accessibility of the electoral process by testing innovative ways to vote and offere
electors additional ways to register. 54% of the elector responses stated they would
likely use the internet to vote. 46% of the candidate's responded that electors should
be able to vote online, while 48% felt they should not. "Elections Canada reports
they will continue their consultations and remains committed, with prior approval of
Parliament, to conduct a secure electronic voting pilot in a by-election by 2013."iii
2.5.7 A telephone survey of the residents within Clarington indicates that a large majority of
residents, including those in rural areas, have some type of sufficient internet access
from within their homes. Out of those surveyed, the majority indicated that they are very
familiar with using the internet.
REPORT NO.:CLD-021-09
Page 8
2.5.8 There are several service providers of secure internet voting in Canada and abroad.
The service levels offered vary among the suppliers.
3.0 ACCESSIBILITY
3.1 Effective January 1,2010, in accordance with the Accessibility Standards for Customer
Service, Regulation 429/07, we must provide accessible customer service. These
requirements not only affect our day-to-day Municipal operations, but also our election
activities as well. The principles of policies, practices and procedures required under
this Regulation must include respect and dignity of our electors, the election procedures
should be integrated into the regular election process unless an alternate is necessary,
and our electors should all be provided an equal opportunity. As well, our election
process should allow for assistive devices and any communications shall be in a
manner that takes into account the person's disability. In considering our optimum
method of conducting an election for the electors in the Municipality of Clarington we
must consider our electors' needs.
3.2 Clarington's 2006 Solutions
3.2.1 In 2006 Clarington's Vote-by-mail method of conducting the municipal election enabled
our electors who may have been mobility impaired, or visually impaired an opportunity
to vote within the comfort of their own home using their own tools in which to cast their
ballot. Additionally, any elector could have had a trusted friend or family member to
assist them in completing their ballot. They would have been required to then mail their
ballot using the same means by which they would send any other piece of mail.
3.2.2 Electors were also provided the opportunity to attend the Municipal Administrative
Centre where staff assistance was provided and magnifying sheets were available to
enlarge the print.
3.2.3 Electors with hearing impairments could seek assistance using the Municipality's TTY or
e-mail.
3.3 Elections Ontario
3.3.1 Elections Ontario has an ongoing mandate to ensure electors with special needs are
able to participate in the electoral process and their program addresses the variety of
needs that may arise as a result of a disability, culture or residential issues.
REPORT NO.:CLD-021-09
Page 9
3.3.2 Elections Ontario conducts their elections using the traditional paper ballot at voting
locations. However, in recent by-elections, they have piloted several technologies to
meet the needs of their electors including: audio ballots, sip In puff, handheld
controllers, Braille templates and magnifying sheets.
3.3.3 Elections Ontario does not offer any method of unsupervised voting.
3.4 Elections Canada
3.4.1 Elections Canada offers information, education and accessibility services to persons
with special needs, seniors and those electors with limited reading and writing skills.
3.4.2 Elections Canada conducts their elections using the traditional paper ballot at voting
locations. They do provide assistance at the polls as well, they offer documents written
specifically for persons with disabilities, Braille templates and magnifying sheets, a sign-
language DVD with open- and closed-captioning for people who are deaf or hard of
hearing, voting templates, large-print list of candidates, a toll free TTY line, transfer
certificates to vote at a designated location other than their designated location;
language or sign-language interpreter services, and in hospital voting.
3.4.3 Elections Canada does not offer internet voting, but they do offer "special ballot voting"
to any eligible elector who will not be able to attend the voting location on voting day or
advance polling day. The special ballot may be mailed to the elector, or in some
circumstances, the ballot may be delivered by an election official to the elector's home
and the official may assist the elector in casting his/her ballot.
4.0 RECOMMENDED SOLUTION
4.1 The Municipality of Clarington has successfully proven that alternative voting methods
provide improved accessibility for our electors. Staff believe that the accessibility
provision can and should be improved by replacing the vote-by-mail method with
internet voting combined with traditional paper ballots at voting locations throughout the
municipality and with paper ballot votes tabulated with poll count tabulators.
4.2 The combined approach has been proven to better meet the needs of electors. Electors
who have specialized equipment for reading may use this equipment to cast their ballot,
and they are then not required to rely on any other assistance to actually cast their
ballot. Electors who are not comfortable with technology will be provided the
REPORT NO.:CLD-021-09
Page 10
opportunity to attend a voting location to cast their ballot. The use of poll count
tabulators provides for accurate and efficient tabulation of votes at the voting location.
4.3 Although a new approach for Clarington, staff are confident that they will be able to work
with staff from municipalities such as Markham, Peterborough, Cobourg and Port Hope
to develop policies, procedures and forms based on their proven methods and
experience.
4.4 Clarington's electors embraced the vote by mail system which was introduced in 2000.
As well, our telephone survey results indicate that there is a rather high degree of trust
in the internet. It can be concluded, therefore, that Clarington's electors would be
receptive to change and technology.
4.5 The recommended solution will meet the goals for the 2010 municipal elections as
detailed above.
5.0 PROPOSED PROCESS DETAILS
5.1 Voters' List Management - A Voters' List Management software system would be used
to maintain the list of voters, enable electors to verify if they are on the voters' list via the
internet, enable electors to register for internet voting, enable staff to approve
registration for internet voting, as well as track who has voted and by which method.
5.2 Every elector on the Voters' List will be mailed a Voter Notification Card which will
include:
. notice of election,
· voter instructions,
· contact information for assistance,
. voting option details,
· elector eligibility, and
· unique elector ID/PIN.
Approximately 8-10 voting locations will be used on Voting Day to accommodate those
electors who choose to cast a traditional paper ballot (Based on 50% voter turnout and
20% internet usage). A minimum of 2 voting locations will be offered per ward to ensure
easy access for electors.
5.3 Each voting location will be selected to accommodate the anticipated volume of electors
for: parking, ease of access to the facility, and ease of navigating within the facility.
REPORT NO.:CLD-021-09
Page 11
5.4 Election Officials will use laptops to access the real-time Voters' List Management
System to ensure compliance with the vote-once-only requirement.
5.5 Electors who wish to vote by traditional paper ballot will be required to attend the
designated voting location and present the appropriate identification to receive a ballot.
The Election Official would verify the elector's identity, scan the barcode on the Voter
Notification Card to locate the elector's name on the Voters' List, strike the elector's
name from the list, and issue the appropriate ballot. The elector would proceed to
complete their ballot in a private voting area. The paper ballot would then be
immediately returned to the Election Official. The Election Official would insert the ballot
through the vote tabulator into the ballot box. The elector would then immediately leave
the voting location.
5.6 To ensure the integrity of the internet vote, the service levels and security measures of
the successful service provider will ensure 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,
. System audit trails, .and
· A two-step registration/voting process for the electors.
5.7 Electors who wish to vote by internet will register and vote in a two-step internet
process. The elector would log onto the designated site, as stated in the Voter
Notification Card, and register to vote by internet. During the registration process they
would be prompted to enter specific information such as their birthdate and a secret
question with an answer. Select staff would review the registrations daily to monitor any
anomalies. Registrations are only approved by select staff. Once approved, the elector
would receive their unique password via an encrypted password protected e-mail.
Upon receipt of the password, the elector then logs onto the election site and proceeds
to cast their ballot. The real-time Voters' List is automatically updated upon completion
of the casting of the ballot.
REPORT NO.:CLD-021-09
Page 12
5.8 Ninety-five public access computers are currently available in each of Clarington's
Library Branches. These computers will be available for those electors who may not
have ready access to a computer at home or at work and who wish to vote using the
internet.
5.9 Both the Internet and the vote tabulators would be set to reject over-voted races and to
flag under-voted races to enable the elector to correct if desired.
5.10 The contracted service providers shall provide systems and hardware that is proven
reliable and secure. At no time is anyone able to see how an elector has voted.
6.0 VOTING OPPORTUNITIES
6.1 On-line - 10 days of voting beginning October 30th through to 8:00 pm on Voting Day.
6.2 Traditional Paper Ballot - 10:00 am - 8:00 pm on Voting Day, November 8,2010.
7.0 FINANCIAL IMPLICATIONS
7.1 The total estimated costs for the recommended solution of conducting the 2010
Municipal elections using Internet Voting combined with traditional paper ballots cast at
voting locations and tabulated using poll count tabulators is estimated at a total cost of
$225,000. These costs are based on estimates from potential service providers and
real costs from municipalities who deployed a similar solution in 2006.
7.2 Since the 2006 Municipal Elections, $175,000 has been transferred into the 2010
municipal election reserve. Including the 2010 transfer of $125,000 the total budget will
be $300,000.
APPENDICES
1. Voter Turnout
2. Summary: Method of Conduct of Election and Vote Counting
3. Methods of Elections for Clarington
4. Draft By-law
INTERESTED PARTIES
i Elections Ontario, Access, Integrity and Participation, Towards Responsive Electoral Processes for Ontario
ii Elections Canada, Report on the Evaluations of the 40th General Election of October 14, 2008
iii Elections Canada, Report on the Evaluations of the 40th General Election of October 14,2008
Appendix 1
Report CLD-021-09
Voter Turnout Summary
Year Method Eligible Voted TllrlluuL
Electors
1991 Traditional Paper 36,032 13,983 38.8%
1994 Traditional Paper 40,193 13,543 33.69%
1997 Traditional Paper 44,980 12,595 28%
2000 Vote by Mail 49,483 20,513 41.5%
2003 Vote by Mail 53,497 18,766 35.07%
2006 Vote by Mail 57,067 22,839 40.02%
Appendix 2
Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Paper Ballot with Manual Count
Pros Cons Comments
Traditional voting - ballot marked in the space to the right of Electors must go to the voting location to cast votes A manual count may not provide an accurate count -
the name and placed into a ballot box Labour intensive - additional election day workers - subjective
All ballots counted at one location additional volume of voting locations, therefore more Late election night results
Audit trail support staff election night Both voting and counting process may be scrutinized
Ballots cannot be counted until 8 p.m. election day Is becoming more difficult to hire and train qualified
therefore final results may be late - slow returns election day staff
Votes counted by hand, therefore accuracy may be
questioned
Specific training of election workers on counting of
ballots
Optical Scan. Central Count Tabulators
Pros Cons Comments
Accurate results- eliminates manual counting Electors must go to the voting location to cast votes Election process to elector is similar to paper ballot with
Election process at the voting locations may be scrutinized - Uncounted ballots are transported to a central manual count system
not the counting except for the duplication process (re-mark counting location Available for either purchase or lease
of ballots) Secrecy folders are provided to the elector for privacy of
Fewer voting locations and election workers More labour intensive than voting count system but the vote
less than a paper ballot system
Earlier election night results as compared to manual Results are not available at the voting for the
tabulation candidate/scrutineer
Audit trail- paper ballot Require space to store machines
Similar to traditional voting - ballot marked in the space to Election day - a large secure space is required to
the right of the name and placed into a ballot box tabulate ballots and to accommodate election staff,
All ballots counted at one location ballots and scrutineers
Appendix 2
Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Optical Scan - Voting Location Tabulators
Pros
Accurate results- eliminates manual counting
Election process at the voting locations may be scrutinized -
not the counting
Voting location results can be printed for scrutineers
Fewer voting locations and election workers
Early election night results
System can be programmed to tell the elector that he/she
has over voted, under voted, or cast a blank ballot and they
have the opportunity to re-mark a new ballot, therefore, no
spoiled ballots
Audit trail - paper ballot
Similar to traditional votino
Cons
Comments
Electors must go to the voting location to cast votes
Require space to store and prepare the equipment for
election day
Purchasing and Leasing options available
Secrecy folders are provided to the elector for privacy of
the vote
If Tabulator becomes inoperable (votes cast are stored in
memory),.. voters will deposit ballot in secondary ballot
box until tabulator is up and running, or replaced
Vote Tabulator audio ballot canavailable on all tabulators
Mail-in Balloting with Manual Count
Pros Cons Comments
Easier access Unsupervised voting An accurate voters' list and revision process must be in
Convenient Questions have been raised about the possibility of place
Voting kit being stolen and getting into another person's
Anytime, anywhere voting during the voting period hands - mail fraud Disruption in mail service could jeopardize the election
Eliminates traditional advance voting It was questioned that there is no way to scrutinize voting Potential to increase turnout
No proxies process to ensure that there was only one vote per Manual count/labour intensive and may question accuracy
Manual paper ballot counting with mark to the right of the elector Late results
name, therefore audit trail and recount process in place Ballots cannot be counted until 8 p.m. election day Includes... ballot, instructions, return envelopes and
No voting locations, therefore reduced staffing needs therefore final results are late envelope for mail out
Elector may drop off ballot to central location Votes counted by hand, therefore accuracy may be 1st class postage for kits and business reply for ballots
questioned returned
Longer voting period Vendor must ensure mail out, with ballot, was accurate Require program to remove names from the list as return
Audit trail- provision for recount and that the return ballots are received through system envelopes are received
on time (election day) Advised to communicate with Canada Post to discuss
Labour intensive for opening, sorting and counting timely delivery of envelopes
Role of candidates/scrutineers change More involvement from scrutineers
Kits produced by election svstem orovider.
Appendix 2
Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Mail-in Balloting with Optical Scan Tabulating
Pros Cons Comments
Accurate count Unsupervised voting An accurate voters' list and revision process must be in
No voting locations, therefore reduced staffing needs Questions have been raised about the possibility of place
Elector may drop off ballot to central Voting kit being stolen and getting into another person's Disruption in mail service could jeopardize the election
location hand - mail fraud Potential to increase voter tumout
Anytime, anywhere voting during the voting period Role of candidates/scrutineers change Kits sent by 1st class mail and business reply for ballots
Eliminates traditional advance voting The vendor must ensure mail out, with ballot, was returned
accurate and that the return ballots are received through Advised to communicate with Canada Post to discuss timely
No proxies system on time (election day) delivery of envelopes
Audit trail/provision for recount The ballot must be marked with a pen/pencil that the Require program to remove names from the list as return
Feed ballots into machines as they are received during the tabulator will read envelopes are received
election period - tabulation in central location, but no totals Accurate early election night results
Results within 10 to 20 minutes on election day after 8p.m. Consider receiving locations on election day
Kits produced by election system provider
More involvement from scrutineers
Internet Voting
Pros Cons Comments
Accurate count System may be perceived as vulnerable to hackers and Access to computers must be considered
No voting locations, therefore reduced staffing needs additional due diligence related to the technology may be If voters' list is networked at the voting subdivisions, internet
Easier access required could be used right up to and including election day
Convenient - vote at home, business or out of country Unsupervised voting List must be accurate
Anytime, anywhere voting during the voting period Voter card may be stolen and get into another person's Make sure system is safe from hackers
May eliminate traditional advance voting hands - two step process reduces risk (mail fraud) Provide alternate locations for electors to vote (Le, libraries,
Review process required to ensure that there was only community centres)
No proxies one vote per elector Potential to increase Voter turnout
Immediate results on election day after 8p.m. Roles of the candidates/scrutineers changes
No over votes Not everybody will be able to vote over the Internet
When voting on internet an elector can see the names of the because of speed and computer security - some may
candidates have to upload current versions of software (usually
Audit trail (images of ballots can be produced) offered via link on vendor website) to use internet voting
Provision for recount
No subiectivity relatinq to count/recount
Appendix 2
Report CLD-021-09
Summary: Method of Conduct of Election and Vote Counting
Telephone Voting
Pros Cons Comments
Accurate count System may be perceived as vulnerable to hackers and An accurate voters' list and revision process must be in
No voting stations and therefore reduced staffing needs additional due diligence related to the technology may be place
Anytime, anywhere voting during the voting period required Must be safe from hackers
Eliminates traditional advance voting Unsupervised voting
No proxies Voter card maybe stolen and get into another person's
hand (mail fraud)
Results within 10 to 20 minutes on election day after Bp.m, Long distance charges- (1-BOO) number
No subjectivity related to count/recount No way to scrutinize voting process to ensure that there
was only one vote per elector
Average time to vote approx 8 to 10 min based on size of
ballot
Last minute voting may jam lines
Roles of the candidates/scrutineers chanQes
Combined Internet and Telephone Voting
Pros Cons Comments
Accurate count System may be perceived as vulnerable to hackers Access to computers must be considered
No voting stations and therefore reduced staffing needs and additional due diligence related to the technology Present provider does not know if this system can be
Easier access may be required supported in a large municipality
Convenient - vote at home, business or out of country Unsupervised voting An accurate voters' list and revision process must be in
Anytime, anywhere voting during the voting period Voter card may be stolen and get into another place
person's hands Must use a long distance provider
Eliminates traditional advance voting Long distance charges (1-BOO) number If voters' list is networked at the voting subdivisions, internet
No proxies No way to scrutinize voting process to ensure that could be used right up to and including election day
Results within 10 to 20 minutes on election day after Bp.m. there was only one vote per elector Provide alternate locations for electors to vote (i.e. libraries,
When voting on internet an elector can see the names of the Average time to vote by phone is approx B to 10 min community centres)
candidates based on size of ballot
No over votes Last minute voting may jam lines
No subjectivity related to count/recount Roles of the candidate/scrutineers change
Appendix 2
Report CLD-021-09
Method of Conduct of Election and Vote Counting
Summary:
Pros
Touch Screen
Provide an accurate count
System does not allow for over votes (rejected ballots)
Provides for an audio ballot for visually impaired electors to
vote without assistance
Early election night results
More involvement from scrutineers during the day
No ballots required
Election results are available to the scrutineers at the voting
locations
Reduce the number of election staff
May increase convenience for electors if it is combined with
an ability to vote at any location, any time
Cons
Very costly to provide enough screens to eliminate
voting line-ups
No recount process/no audit-no paper trail (a paper
trail is available but could be onerous - although not
really different from any other recount process)
~eed to ha~e backup mac~ine or other voting options
If the machine becomes inoperable
Electors may leave the voting screen before casting
the vote (system dependent)
Requires additional pre-voting day preparations
May generate negative media attention, potentially
discouraging voters
Comments
Costly require enough machines to eliminate potential
line ups
Set up of the voting location must be considered to
reduce glare on screen and also the potential for others
to view the screen through mirrors, windows etc
Be sure to. conduct a voter awareness campaign as well
as pre-voting demonstrations on how to use the
equipment
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Vote Tabulators
Summar of a roach:
Very similar to traditional paper and manual count system in that:
. The ballots are paper
· Voting locations are arranged throughout the Municipality
. Voting location staff are hired and trained
· A voter's list is maintained at the voting location (paper or electronic)
· Electors attend voting location to cast vote
· Electors vote in a private voting compartment
· Completed ballots are deposited into the ballot box
· Votes tabulated at the voting location and then combined for cumulative results
Staffin re
Poll staff
Office staff
Can be done manually with paper lists, pen and ruler or electronically via the web.
Some systems are designed to allow for electronically communicating back to MPAC
followin the elections to streamline our Ie islated obli ations.
Accessibilit Accommodations:
This solution offers the opportunity to use audio ballots, magnifying sheets, and several
assistive tools such as sip 'n puff for mobility impaired electors.
It does however, require the elector to attend a voting location.
Ward I Poll im Iications
We currentl do not have votin subdivisions. The would have to be created.
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Vote Tabulators
on Voter turnout.
$35,000
$8,000
$35,000
$10,000
$22,000
$6,000
$63,000
$17,000
$4,000
$1 ,000
$192,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Mail-in Ballot with Central Count Tabulators
Summar of a roach:
An unsupervised voting process where electors are mailed a voting kit which includes
instructions, declaration form, ballot and ballot return envelope.
Electors are voting on a ballot similar to traditional voting processes.
Municipality of Clarington has voted in the past three municipal elections using the Vote
b Mail rocess.
Staffin re uirements:
Poll staff None
Office staff During ballot return period prior to election day:
Between 1 and 12
Election da 25 Ius Clerk's De t. staff
E ui ment re uirements:
Number of tabulators
2 units
count seed from 4000-5000/hr er machine
List Mana ement Re uirements:
System is necessary to manage list of electors to add, remove, edit the entries on the
list. This system would also be used to manage the names of those electors who voted.
Some systems are designed to enable us to electronically communicate back to MPAC
followin the elections to streamline our Ie islated obli ations.
Accessibili Accommodations:
Provides for electors to cast their ballot from the comfort of their home. Electors with
visual impairments may use existing tools they may already use or may seek assistance
from a trusted friend or family member. Mobility impaired electors may require
assistance to mail their ballot.
Ward I Poll im Iications
No chan es re uired.
Elector Impact
e . Familiarit , learnin curve, trustworth , etc.
Clarington electors have been using vote by mail for the past three municipal elections,
however there have been provincial and federal elections conducted in between those.
Some electors are confused with the change in process, while others question why they
are not all conducted b vote b mail.
Historical Voter Turnout with Votin Method
2000 - 41.5%
2003 - 35.07%
2006 - 40.02%
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Mail-in Ballot with Central Count Tabulators
Recount method Central count tabulator
Trainin re uirements
· 1 hour for scanning operators
· % hour on the job for election day
· 4 hours for staff assigned to work on election day at the on-site voting location
Public Relations I marketin
Same, more or less, as 2006
No increase in costs ex ected
Votin Dates
VBM kits mailed Oct 18
Voting October 18 - November 8th
N/A
$8,000
$2,000
$65,000
$45,000
$6,000
$64,000
$12,000
N/A
N/A
$202,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Internet & Telephone Ballot Combined
Summar of a roach:
An unsupervised voting process where electors vote from anywhere at any time during
the voting period through either the telephone or the internet. A secure system,
supplied by an external service provider to conduct the vote. A mail-out is sent to every
elector 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 either through the internet or telephone. The systems provide for a
transparent audit trail of voting activities while maintaining secrecy of how each elector
voter. Results are tabulated through the system. There are no paper ballots with this
method of election.
Electors who do not have easy access to the internet at home could take advantage of
the internet access at each of our Libra branches.
Staffin re uirements:
Poll staff none
Office staff 2-3 hel desk staff
E ui ment re uirements:
Service contract for the vote b internet and vote b
List Mana ement Re uirements:
Some suppliers include a voters' list management software component in their service
solution while others have proven experience in combining their Internet/Telephone
solution with the List Mana ement solution.
Accessibilit Accommodations:
Electors can vote in the comfort of their own home using familiar and in some cases
specialized tools that meet their unique needs. Public access computers and/or
telephones may be used by electors who would not otherwise have access. Electors
who are out of area can convenientl vote.
Ward I Poll im Iications
No chan es re uired.
Elector Impact
e . Familiarit , learnin curve, trustworth ,etc.
While voting by the internet and telephone would be new for our Clarington electors,
unsupervised voting is not. For the past three municipal elections, our voters have
received a mailing in order to cast their ballot. Some electors may have a lack of trust in
castin a ballot on-line or over the hone.
Historical Voter Turnout with Votin Method
None available for Clarington
Munici alities re ort from 2006 elections voter turnout ran in between 53% - 62%
Recount method re-calculation of electronic results
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Internet & Telephone Ballot Combined
Trainin re uirements
· Training of Clerk's staff by service provider
· 3 hour trainin of hel desk staff
Public Relations I marketin
A very significant public relations campaign would have to be launched. This would
include newspapers, unaddressed ad mail, "in community" demonstrations and on-line
demonstrations. Staff would arrange to set up demos at service club meetings, open
houses, Iibra branches, and communit centres.
VotinOates
Voting begins November 1 S and continues through to 8:00 pm on November 8 .
Budget Estimates -$2.00 per eligible voter $1.00 per eligible voter for mail-out
costs
Election Officials votin locations
Temporary support staff (Clerk's office)
Clerk I start rate x 3 staff x 16 da s
Dedicated Tele hone line and sets 3 x $500
Election Supplies (pens, boxes, tape, etc)
N/A
$7,000
$3,000
$2,000
Printing & Reproduction (ballots, voters' lists, forms)
Forms
Postage (voter notification cards)
estimate $1 / eli ible electors +10%
Advertisin
Vote tabulatin e ui ment hardware/software
Contracted Service Costs a rox. $2/elector
List management software (may not be required
de endin on vendor
Voter Notification production
included in contracted service costs above
Votin Location rentals
Total
$1,000
$66,000
$6,000
N/A
$125,000
$9,600
$5,000
N/A
$221,600
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators Combined with
Re uested Mail-in Ballots
Summar of a roach:
This approach provides for a traditional paper ballot. Electors are provided a choice to
either attend a voting location to cast their ballot or upon written request they may
receive their ballot by mail and cast their ballot by mail. This approach is commonly
used throughout the United States (referred to as absentee voting) and has recently
been used by Elections Canada (referred to as Special Ballots - National Electors).
This approach reduces the volume of "unsupervised voting", provides for signature
verification, and allows for identification verification.
Staffin re uirements:
Poll staff Approximately 135 (on average 6 per voting locations plus roving
su ervisors
Office staff 1
Election day - approximately 25 municipal staff starting at 6:00 pm. For
1 hour on the job training. Includes Clerk's Dept. staff and other
munici al staff
E ui ment re uirements:
Number of tabulators
20-24 units
A roximatel 1 vote tabulator er eve 3500 eli ible electors
List Mana ement Re uirements:
System is necessary to manage list of electors to add, remove, edit the entries on the
list. This system would also be used to manage the names of those electors who voted.
Some systems are designed to enable us to electronically communicate back to MPAC
followin the elections to streamline our Ie islated obli ations.
Accessibilit Accommodations:
This solution offers the opportunity to use audio ballots, magnifying sheets, and several
assistive tools such as sip 'n puff for mobility impaired electors at the voting locations.
As well, electors who will be unable to attend a poll on voting day could, upon written
request, receive their ballot b mail and cast their ballot b mail.
Ward I Poll im Iications
We currentl do not have votin subdivisions. The would have to be created.
Elector Impact
(e . Familiarit , learnin curve, trustworth , etc.
New to our electors as the process is not similar to any other election methods used by
the Municipality, Province, or Federal. The use of vote counting equipment will only
create a visual change at the voting locations.
Availabilit of equi ment for accessibilit accommodations will onl create a ositive
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper BaHot with Poll Count Tabulators Combined with
Re uested Mail-in Ballots
im act for our electors with s ecial needs.
Historical Voter Turnout with Votin Method
No statistics available. However, the opportunity to request a mail-in ballot would
parallel the traditional Proxy voting process and as such it is anticipated that the
provision for a requested mail-in ballot would have minimal impact, if any, on the voter
turnout.
Recount method Technicall the results re ort would sim I be re-run
Traininre uirements
· The help desk staff would have to be trained on the steps of the process
· 4 hour session for voting location staff
· 6 hour session for roving supervisors
· 5 hours for voting location staff responsible for specialized equipment for electors
with special needs
· 1 hour election night for receivers, transporters, auditors/balancing assistants
· 1 hour for scanning operators
· 1'2 hour on the job for election day
· 4 hours for staff assi ned to work on election da at the on-site votin location
Public Relations J marketin
Different ads than in 2006. No increase in costs anticipated in fact there may be an
opportunity for cost sharing with neighbouring municipalities because of consistent
dates for voting. An increase in public awareness would definitely be required.
Advertising for the method of election would be key to the success of the process.
Which could include: print media, radio, as well as demos in the community such as
clubs, COM, communit centers and 0 en houses.
Votin Dates
Advance Voting at the Voting Locations: October 30 and November 3r
Voting Day at the Voting Locations: November 8, 2010
Mail-in Ballots: mail-out Oct 18th and returned ballots acce ted to 8:00 m.
Bud et Estimates
Election Officials votin locations
Tem ora su ort staff Clerk's office
Election Su lies ens, boxes, ta e, etc
Printin & Re roduction ballots, voters' lists, forms
Posta e voter notification cards + Mail out and In
Advertisin
Vote tabulatin e ui ment hardware/software
List mana ement software
Voter Notification roduction
Votin Location rentals
$35,000
$8,000
$35,000
$10,000
$28,000
$6,000
$63,000
$12,000
$4,000
$1 ,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators Combined with
Requested Mail-in Ballots
Total 1 $193,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators combined with
Internet
Summa of a roach:
This approach provides for a traditional paper ballot. Electors are provided a choice to
either attend a voting location to cast their ballot or cast their ballot by internet. This
approach was commonly used throughout Ontario in the 2006 municipal elections. This
approach provides a solution which has proven to be well received by electors of all
ages and background. Those electors who do not have a comfort level with the internet
may still vote in a traditional manner, while electors who prefer to vote from home or
work may do so through the internet. Based on feedback from other municipalities it is
antici ated that u to 40% of the electors take advanta e of the internet votin 0 tion.
Staffin re uirements:
Poll staff A rox 75 on avera e - 6 er location + rovin
Office staff 1 15 on election da + 3 hel lines
E ui ment re uirements:
Number of tabulators
12 units
(Approximately 1 vote tabulator per every 3500 eligible electors)
PCs / Laptops to be used to access the real-time voters list (approximately 4 per
location but will de end on the fadlities established as votin locations
List Mana ement Re uirements.:
System is necessary to manage list of electors to add, remove, and edit the entries on
the list. This system would also be used to manage the names of those electors who
voted.
Some systems are designed to allow for electronically communicating back to MPAC
following the elections to streamline our legislated obligations.
Some suppliers include a voters' list management software component in their service
solution while others have proven experience in combining their Internet/Telephone
solution with the List Mana ement solution.
Accessibili Accommodations:
Electors can vote in the comfort of their own home using familiar and in some cases
specialized tools that meet their unique needs. Public access computers and/or
telephones may be used by electors who would not otherwise have access. Electors
who are out of area can conveniently vote. Electors who are not comfortable with the
technology have the option to cast a traditional paper ballot at the voting location.
Ward I Poll im lications
Not required. With the integration of the traditional paper ballot process with the internet
process the real-time voters' list management is critical. This therefore enables electors
to vote at an votin location within the ward.
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators combined with
Internet
Elector Impact
e . Familiarit , learnin curve, trustworth , etc.
While voting by the internet would be new for our Clarington electors, unsupervised
voting is not. For the past three municipal elections, our voters have received a mailing
in order to cast their ballot. Some electors may have a lack of trust in casting a ballot
over the internet and therefore they could still attend the voting location to cast a
traditional a er ballot.
Historical Voter Turnout with Votin Method
No statistics for Clarington. However City of Peterborough voter turnout in 2006 using
this combined method was 49.5%. Town of Cobourg voter turnout in 2006 using this
combined method was 45% u from 39%.
Recount method Poll count tabulator
Trainin re uirements
· Training of Clerk's staff by service provider
· 3 hour training of helpdesk staff
· 4 hour session for voting location staff
· 6 hour session for roving supervisors
· 5 hours for voting location staff responsible for specialized equipment for electors
with special needs
· 1 hour election ni ht for receivers, trans orters, auditors/balancin assistants
Public Relations I marketin
A very significant public relations campaign would have to be launched. This would
include newspapers, unaddressed ad mail, "in community" demonstrations and on-line
demonstrations. Staff would arrange to set up demos at service club meetings, open
houses, libra branches, and communit centres
Votin Dates
Advance Voting: voting begins October 30th and continues through to 8:00 pm on
November 8th.
Bud et Estimates
Election Officials votin locations
Tern ora su ort staff Clerk's office
Election Su lies ens, boxes, ta e, etc
Printin & Re roduction ballots, voters' lists, forms
Posta e voter notification cards
Advertisin
Vote tabulating equipment
hardware/software/Internet services
$16,875
$7,000
$22,000
$7,000
$35,000
$6,000
$86,000
Appendix 3
Report CLD-021-09
Method of Elections For Clarington
Traditional Paper Ballot with Poll Count Tabulators combined with
Internet
List management software $12,000
Votinq Location rentals $1,000
PC/Laptop Rentals $5,000
Domain $1000
Total $198,875
Appendix 4
Report CLD-021-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2009.
Being a By-law to repeal By-law 2006-107 and to authorize
the use of internet voting combined with traditional paper
ballot voting at designated voting places and the use of
automated vote counting equipment for the tabulation of
ballots
WHEREAS Section 42 of the Municipal Elections Act, 1996, as amended, provides
that a municipal council may pass a by-law authorizing an alternative voting method
including internet voting;
AND WHEREAS Section 42 of the Municipal Elections Act, 1996, as amended
provides that the council of a municipality may, by by-law, authorize the use of
automated vote counting equipment for the purpose of counting votes at the
municipal elections;
AND WHEREAS Accessibility Standards for Customer Service. Regulation 429/07
requires the municipality to ensure that our election services include respect and
dignity to our electors and our processes should provide all electors equal opportunity
and allow for assistive devices which take into account the electors' disabilities;
AND WHEREAS council deems it appropriate and in the public interest to conduct
the municipal elections using a combined internet and traditional paper ballot method
and to use automated vote counting equipment for the purpose of counting votes;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS:
1. THAT the municipal elections be conducted using a combined voting method
of Internet voting and traditional paper ballot; and
2. THAT automated vote counting equipment be used for the purpose of counting
votes.
By-law read a first, second, and third time this 13th day of October, 2009.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
Staff Report # 2
,Cl!J!il1gtnn
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date:
Tuesday, October 13, 2009
Report #: CLD-022-09
File #:
By-law #:
Subject:
PROPOSED ELECTION SIGN BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1. THAT Report CLD-022-09 be received;
2. THAT Council approve in principle the proposed Sign By-law regulations pertaining to
elections signs as detailed in Report CLD-022-09;
3. THAT, upon final review of the municipal Solicitor, the appropriate by-law be forwarded to
Council for approval, and
4. THAT the interested parties listed in Report CLD-022-09 be advised of Council's action.
Submitted b~ ( ~C(~{~,--rc
r>h. Patti L. Barrie, CMO
Municipal Clerk
, '
--
\
, \" /'(\( /""Z
. \....J 1--C--.4-- - _ l,-. '-
ReViewed by.
Franklin Wu,
Chief Administrative Officer
PLB/LC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: CLD-022-09
PAGE 2
1. BACKGROUND
During the last municipal election staff received numerous complaints from citizens and
candidates about the visual effect of allowing unrestricted sign placement on municipal
property and road allowances. At that time staff identified the need for a new Sign By-law
and work began to review, consult and seek public input.
In June 2009 Council passed Resolution #C-339-09 requiring "THA T the Municipal Clerk
be directed to arrange for and schedule a Special Meeting of Council for the purpose of
educating Members of Council on the methods of conducting the 2010 Municipal
Elections under consideration, including signage."
In developing the by-law staff had occasion to review the comments from the Public
Information Sessions that were held prior to the enactment of the Municipal Sign By-law.
Staff have also taken part in discussions with the Region of Durham and all the
Municipalities in the Region to try to harmonize the enforcement of elections signs across
Durham. Some of the suggestions from those meetings have been incorporated into the
proposed by-law.
2. WHAT IS COVERED
The proposed by-law extends to any form of signage used for promoting a candidate or a
position on a question or by-law in an election. The by-law does not cover items which
are mailed out or distributed by hand to an individual, only those things posted or
displayed. The size of the permitted signs does not vary greatly from the Sign By-law
restrictions which were in force during the last Municipal Election.
In other jurisdictions there have been successful Charter challenges where signs have
been totally banned. The courts have held that while the signs cannot be totally banned
from public property they can be regulated and restricted. Staff have also heard from
individuals and two federal political parties requesting a relaxed approach to sign
placement to ensure that lesser known parties or positions have an opportunity to "get
their message out". This request must be balanced against the needs of the Municipality
REPORT NO.: CLD-022-09
PAGE 3
to control visual distractions for drivers safety and reduce the clutter which often results
from unrestricted sign placement.
The proposed by-law will prohibit the placement of any election signs only on roadsides or
any road allowance which is under Municipal jurisdiction. The Region has indicated that it
is their intent to continue to allow election signs on Regional Roads. By restricting the
signs to Regional Roads, the level of congestion will be greatly decreased but should still
provide sufficient opportunity for candidates to promote their campaign. .
In previous elections, staff have received complaints about candidate signs being placed
in front of the home of someone who supports another candidate or party. The proposed
by-law will require that the occupant of the dwelling unit must agree to the sign on his or
her property. If there is no agreement between these parties, the sign may be removed
by the Municipality at the candidate's cost.
Vehicle wraps are a relatively new form of advertising which are also covered in this
proposed by-law along with other forms of Vehicle Election Signs. Section 48 of the
Municipal Elections Act, 1996, prevents anyone from attempting directly or indirectly
influencing an elector and prohibits the display of election campaign material or literature
in a voting place. As the Municipal Administrative Centre has been used as a voting
place during municipal elections, and will continue to operate at the Election
Headquarters the proposed by-law will prohibit the parking or placing of any vehicle
displaying a Vehicle Election Sign within a one block radius of the Municipal
Administrative Centre at 40 Temperance Street Bowmanville, on the Voting Day or on any
Advance Voting Day of a Municipal Election or on the property of any Voting Place on the
Voting Day or on any Advance Voting Day of a federal or provincial election. Any
vehicles found in contravention of this restriction will be towed at the owner's expense.
Candidates and those registered persons seeking to influence another person to vote for
or against any question or by-law submitted to the electors may have campaign offices.
The proposed by-law will allow for signs to be erected on or at the offices once a
REPORT NO.: CLD-022-09
PAGE 4
municipal candidate has filed his or her nomination papers or registered as an agent for a
question to be placed before the electors. Any Campaign Office sign will have to comply
with all the provisions of Sign By-law 2009-123 including Permits where necessary.
Signs identifying the candidate's campaign office may only specify the candidate's name,
the office they are seeking or the-registered position on a question or by-law and any
other contact information the candidate wishes to include. In the case of a federal or
provincial Election, the sign may include the candidate's political affiliation.
For ease of reference a Table has been attached to this By-law (Attachment 1 )which
highlights the primary principles of the proposed by-law.
3. TIMING
The proposed by-law prohibits the placing of any Election Signs more than forty-five days
prior to any Advanced Voting opportunity. Phasing the restriction provides flexibility in
that it allows a uniform period regardless of the method of voting. Should the Municipality
change its method of voting, the forty-five day limit would still be valid. For federal and
provincial elections the proposed by-law allows that election signs may be posted once
the writ has been issued.
Currently, all election signs must be removed within 48 hours after Voting Day. The
proposed by-law will extend that time to three days after Voting Day. Any signs not
removed within that timeframe may be removed by the Municipality and will be subject the
same costs as for illegally placed signs.
4. FEES
The proposed by-law requires that all candidates in a federal or provincial election will be
required to submit a deposit of $260 prior to posting any election signs. In the case of a
municipal election, the $260 deposit will be due when the candidate files his or her
Nomination Papers.
REPORT NO.: CLD-022-09
PAGE 5
This money will be held by the Municipality. It will be a means of defraying the cost of
removing illegally placed signs and is intended to act as an incentive to the Candidate to
adhere to the requirements of the by-law. If the number of signs removed exceeds the
deposit, then the Candidate will be charged for the extra signs. Any money remaining
from the deposit will be returned to the candidate, without interest, within 60 days
following Voting Day.
Where the Operations Department has had to act to remove a sign on the Municipality's
behalf, the actual cost of the removal can also be billed to the Candidate at the current
rate as established by the Operations Department for sign removal.
A fee of $20 is in line with the practice of the City of Barrie and is lower than the actual
cost of removal. The intent is not to severely punish the Candidate for possible errors by
his or her campaign workers but rather to place a value on the placement of the signs and
therefore an incentive to ensure that the Candidates and their workers comply with the
by-law. It is anticipated that the Candidate's staff will keep a close watch on the actions
of their campaign workers in order to keep the costs as low as possible.
5. CONCLUSION
Discussions with the Region of Durham are ongoing and there may be more changes in
the Region's approach to the issue in the near future. Based on discussions to date the
proposals are in line with the by-laws and proposals of the other Municipalities within the
Region.
The proposed by-law will be a dramatic departure from previous practice. It will greatly
reduce the visual and physical pollution of the road allowances which was experienced
during the last municipal election. It addresses the concerns which were raised by
residents during the public meetings while providing a fair opportunity for all candidates to
promote their campaign.
REPORT NO.: CLD-022-09
PAGE 6
It is respectfully recommended that the attached by-law be endorsed in principle and
forwarded to the Municipal Solicitor for his review and comment.
Attachments:
Principles of Proposed By-law
Interested Parties:
Judy Climenhage
Dave Daidson
Marion Manders
Elva Reid
Sue Wiegan
The Green Party of Canada
The Christian Heritage Party
REPORT NO.: CLD-022-09
PAGE 7
Principles of Proposed Bv-Iaw
Definitions
The definitions within the proposed by-law will expand upon those listed in the current Sign By-
law by adding specific definitions for Campaign office, election signs and what will be considered
to be an Election Sign, Voting Day and Voting Place.
General
The general provisions will speak to the prohibition on attaching election signs on trees on public
property, the use of flashing or rotating lights and any form of illumination which may simulate or
interfere with any traffic control device. The use of the Municipality of Clarington's logo, crest
and seal are prohibited. In order to ensure fire safety election signs will not be permitted within 1
metre of a fire exit, fire escape or a fire hydrant.
The size of the election signs will mirror those requirements set out in the current Sign By-law
2009-123. In addition to these requirements, the Candidate will be responsible for the
appearance of hi or her signs and must maintain them in good order and clean condition.
Signs of Public Property
Signs will not be permitted in any Public Park of any Public Property owned by the Municipality.
Signs will also not be permitted on any road allowance or highway under the jurisdiction of the
Municipality. Signs will not be allowed on any traffic control signs or sign structures. Safety
concerns for proper visibility at intersections will mean that signs will not be allowed within the
Visibility Triangles at intersections.
Election Signs will be permitted on public utility poles, in accordance with the rulings of the
Ontario courts, provided they do not form a visibility hazard.
Signs will also be permitted on all Regional and Provincial roads and the Region's and the
Province's rules shall apply.
REPORT NO.: CLD-022-09
PAGE 8
Signs on Private Property
The placement of signs on private property will be left to the discretion of the owners and
occupants of the property. The Municipality will not restrict their freedom of expression. Signs
will not however be allowed on the exterior side of fences.
Prohibited Locations
Vehicle Election signs will not be permitted within a one block radius of the Municipal
Administration Centre at 40 Temperance Street or any other Voting Place on any Voting Day.
This is in accordance with the principle that the voter has the right to be unimpeded and unduly
influenced he or she proceeds to vote.
Campaign Offices
Campaign Office signs may be erected once a candidate has filed his or her nomination papers.
The Office sign will identify the Candidate by name, the office they are running for or their
registered position of a question or by-law and any contact information. In the case of a federal
or provincial election the Office sign may also list their party affiliation. Since size and location
details for wall signs and identification signs vary across the Municipality, in all cases the
particular characteristics of the sign will be governed by the Municipal Sign By-law.
Timing
So as not to tie or restrict the sign provisions to any particular method of conducting a vote, the
by-law proposes that signs not be erected until 45 days prior to the first Advanced Voting
opportunity in the case of a municipal election. For federal and provincial elections the earliest
permitted date is the day that the writ of election is issued. In all cases all election signs will
have to be removed no later than three days following Voting day.
Deposits and Penalties
Each candidate will be required to submit an Administrative Fee Deposit of $260.00. This will be
held until 60 days after the election. Any time a Candidate's sign has to be removed for failure
to comply with the provisions of the By-law an Administration Fee of $20 will be charged against
the Candidate.
REPORT NO.: CLD-022-09
PAGE 9
Once removed the signs will be held for up to 30 days during which time the candidate may
retrieve them from the Operations Department. The Candidate will be liable for any all damage
caused by the placement or removal of his or her signs. If the signs are not retrieved within the
30 day period they will be destroyed with no compensation to the Candidate..
60 days after the election, the Administrative Fee Deposit will be returned without interest less
any monies previously deducted. The Candidate will also be separately liable for the cost of any
Operations Department equipment required to remove an illegal sign.
Failure to comply with the provisions of the by-law could result in charges laid against the
Candidate, their agent or both.
The maximum penalty would be a fine not in excess of $5,000.
C!iJ!il1gtDn
MEMO
CLERK'S DEPARTMENT
To:
Mayor Abemethy and Members of Council
From:
Patti L Bartie, Municipal Clerk
Date:
October 9,2009
Subject:
SPECIAL OOUNCIL AGENDA- OCTOBER 13, 2009
Attached please find the Final List of Delegations for Tuesday's Special Council Meeting,
d~ ~~~
0' Municipal Clerk
PLB/cf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET,BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
FINAL LIST OF DELEGATIONS
October 13, 2009
a) Marion Manders - Vote By Mail (Correspondence Item 0 - 1), Report
CLD-021-09 - Methods of Conducting the 2010 Municipal Elections
(Staff Report #1) and Report CLD-022-09 - Proposed Election Sign
By-law (Staff Report #2)
b) Jean-Michel Komarnicki - Report CLD-021-09 - Methods of
Conducting the 2010 Municipal Elections (Staff Report #1) and Report
CLD-022-09 - Proposed Election Sign By-law (Staff Report #2)
ClMngron
MEMO
CLERK'S DEPARTMENT
To:
Mayor Abernethy and Members of Council
From:
Patti L. Barrie, Municipal Clerk
Date:
October 13, 2009
Subject:
SPECIAL COUNCIL AGENDA- OCTOBER 13, 2009
DELEGATIONS
(a) Marion Manders has advised that she will not be addressing Council at today's Special
Meeting.
CORRESPONDENCE
Receive for Direction
Attached please find additional correspondence regarding today's Special Council Meeting.
D - 3 Marion Manders forwarding correspondence regarding
Report CLD-021-09 - Methods of Conducting the 2010 Municipal
Elections indicating that she has read the report and advising that
she fails to see the difference between mailing a ballot to a voter and
mailing a unique elector ID/PIN to allow them to vote via the internet;
that while she has not had a chance to study the proposal in great
depth, her initial reaction is identical to the concerns expressed
regarding the Vote-By-Mail System; indicating that unsupervised
voting can undermine the integrity of any election and expressing
concern that a return to the traditional system of voting, a system of
supervised voting, i.e. a paper ballot cast at a number of local polling
stations under the direction of Deputy Returning Officers and Poll
Clerks has not been included as an option; and urging the
Municipality to return to this traditional system,
(Motion to refer correspondence to
the Municipal Clerk)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
CLERK'S DEPARTMENT MEMO
CLERK'S DEPARTMENT MEMO
D - 4 (a) Louis Bertrand, forwarding comments on Report CLD-021-09
- Methods of Conducting the 2010 Municipal Elections
indicating that he recommends against internet, telephone or
mail-in voting for the 2010 Municipal Election as he feels the
traditional method of paper ballots provide for the stated aims
of an election and maintain both integrity of the vote and
reasonable costs; and, recommending an alternative proposal
to address fairness, scrutiny and accessibility issues.
(b) Louis Bertrand forwarding comments on the proposed election
sign by-law - Report CLD-022-09, indicating he feels that
requiring a deposit poses a new barrier to participation as a
candidate in the electoral process, that penalties for misplaced
signs creates a new way of cheating as a malicious supporter
could simply transplant the candidate's sign to a municipal
, street or other prohibited location; advising he disagrees that
signs should be banned from municipal road allowances and
suggests that the Municipality harmonize with the Region's by-
law; and, expressing concern that enforcement of the
prohibited locations provisions could expose municipal staff to
allegations of selective, biased or unfair enforcement and
could distract staff from other tasks.
(Motion to refer correspondence to
the Municipal Clerk)
.Qo~f1~
61i1. Patti L. Bar ,CMO
Municipal Clerk
PLB/cf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
PAGE 2
PAGE 2
HANDOUTS/CIRCULA TIONS
COUNCIL
Tt- - - -
Jarin
Leading the Way
Methods of Conducting the
2010 Municipa Elections
. . . . .
History - Clarington Votes
4t Traditional Paper Ballot - up to 1994
~ Under Previous Legislation
4t Traditional Paper Ballot - 1997
~ Under Municipal Elections Act} 1996
~ Mail-in Voti"ng - 20001 20031 2006 .
~ Under Municipal Elections Act} 1996
History - Why Did We Change to
Mail-in Voting?
4t Voter Turnout
~ Traditional method averaged 33%
~ Mail-in voting averaged 38.8%
4t Accessibility
~ 'Legislation change"s
~ Expectations and pressures
2006 Assessment Findings
.ft Mail-in voting provides f9r improved
accessibility
4t Generally accepted by the Clarington electorate
ft Simple and easy process for electors - 3rd time
,
4t Approximately 4% of ballots cast were rejected
. . . . . . .
ft Vote tabulating equipment proved accurate and
relia ble
. , .
~ Very generous voting period
4ia Requires rigorous controls during voting pe.riod
2006 Assessment Findings
4t Space constraints realized
e > voter turnout on Voting Day than anticipated
4t Other (although not related to method)
~ VotersJ List
~ Improved due to inc'lusion of vital statistic's data
~ Wilmot Creek was omitted due to no submission to MPAC
~. Scrutineers
~ Roll of scrutineer questioned
So why change again?
mprovements
~ Process I
~ Legislation changes
~ Elector feedback
What are our options?
~ Traditional Paper
~ Telephone and Internet
~ Mail-in ballot
~ Internet
~ Any combination thereof for any duration
. . . .
following nomination certification
'. .
. Traditional Paper Ballot at
Voting Locations with Vote
Tabulating Equipment
· Approx. 20 voting locations
· Approx. 6 workers per location + back-ups
· Rental of 20-24 tabulators
, . .
· Additional equipment for accessibility would
be required.
· Est.'budget - .$192,000
.1.. .
Mail-in Voting with Central
Count Tabulators
· Election Headquarters - MAC
· Approx. 1-12 workers (rampe,d up as required)
· 25 workers on election day - staff .
· 2 ce.ntral count tabulators
· Voting locations considered for Voting Day.
, .
· Est. budget - $202,000
Telephone and Internet
Combined
· Election Headquarters - MAC
· 2-3 helpdesk staff on a dedicated helpline
· Approx~ 95 public access c,omputers in our
libraries
· Sign'ificant change for our electors
· Est. budget - $221,600
Traditional Paper Ballot /
Tabulators / Requested
Mail-in Ballot
~
· Similar to Election's Ontario solution
· Approx. 20 voting locations
· Approx. 6 workers per location + back~ups
· Rental of 20-24 tabulators
· Additional equipment for accessibility would
. .
be required.
· Est. budget - $193,000
Internet & Traditional
Ballot at Voting Locations
with Tabulators
· Similar to 'City of Peterborough, Cobourg,
Halifax, Markham
· Approx. 10 voting locations
. .
· Approx. 75 workers
· 12 vote tabulators
. . ,
· Accessibility opportunities
· Est. budget - $198,875
Electors verify "Am I on the list?"
in person or via the internet
Voting Place
~<
n
m f4i ~.
- .
n
~~
@
(
~ Import
R~ Voters List Management System (VLMS)
.JJ,. Voter Notification Card (VNC) Issued
~
~ ~ > E-Register
VNC
iiiI . ·
.~ ~} ~'\
· ~ !u
Total ~f1~
.l~
Results _I~ ,~
"'l!!'!
.,~
> \t ~^' < <
i.
Approved by Clerk ".:.
S ~'r
Encrypted email
of PI N to electors
u
--@,"
.#
~
Sample Internet Screens
Log in Screen "
~ . .
I
~
- ---........
r_ _ _ ~
Please type the characters appearing In the picture
!;l
"ts
Sample Internet Screens
Secondary Log-in Screen
. . .
Please enter your Personal Identincation Number (PIN):
Do not include tp4Cet Or" hyphent
16377911
~
~
Sample Internet Screens
Sampl.e ballot of one office
. Mayor of Any town
Plea'ie select ONE of the followIng.
Alan Jones D
Cathy MacDonald D
Eman AI-Saadi D
Jim smith D
Michelle Fernandes D
~
Submit Choice(s)
Sample Internet Screens
Sample confirmation of vote
You have selected
Cathy MacDonald
For Mayor of Anytown
Do you wlInt to confirm this selection?
Yes. confinn my Sl!ll!ction~ No, make 13 n~w selection
I' ~ .
Sample Internet Screens
Sample confirmation of finalizing the ballot
. .
Thank you for your partidpatlon in the Any town Regional Munldpal Election.
~
Secu rity
.\
North America and
n Canada}
.
I
~. Back-up servers
n Europe
shing
.
I
~ Graffiti
~ Hackers
~ Spyware
~ Flood attacks / ph
If. rl. ..
Summary
~ Recommend Traditional Paper Ballot with vote
counting equipment combined with Internet
~ Why?
'd Engages the youth} snowbirds} electors with special
needs
~ The approach removes ambiguity in voter intention
~ Allows for continuity of election in the event of
pandemic - vote from home
~ Economically feasible