YEAR 2014 MUNICIPAL ELECTIONS

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF CHAMPLAIN TELEPHONE VOTING, INTERNET VOTING AND ELECTION PROCEDURES YEAR 2014 MUNICIPAL ELECTIONS AMENDMENT # 1 Approved by the Clerk/Returning Officer Township of Champlain this 28 th day of August, 2014

2 INDEX OF PROCEDURES Item Number Description Page Number(s) 1. Authority Definitions Application 5 4. Secrecy 6 5. Preliminary List of Electors / Voters= List Notices 9 7. Voting Voter Qualifications Voting Process Scrutineers System Emergencies Campaign material / Posters Corrupt Election Practices - Provincial Offence and Prosecution 15. Mail Tampering - Criminal Offence and Prosecution Results Tie Vote - Recount Procedures After Voting Day ATTACHMENTS - FORMS (Forms as authorized under Subsection 42(3)(a)(ii) 31

3 1. AUTHORITY On August 7 th 2013, the Council of The Corporation of the Township of Champlain adopted By-Law Number authorizing the use of alternative voting methods, being the vote by telephone and by internet. The Municipal Elections Act, 1996, more specifically Subsection 42(3)(a)(ii) and 42(3)(b), states as follows: The clerk shall, in the case of a regular election, establish procedures and forms for the use of any alternative voting method authorized by by-law and provide a copy of the procedures and forms to each candidate. In addition, Subsection 9(2) of the Municipal Elections Act prescribes that all notices, forms and other material shall be available in both English and French. This shall also apply to the telephone and internet voting system whereby an elector will have the option of selecting the official language of his (her) choice. Subsection 11(2) of the Municipal Elections Act, 1996, states that the clerk of a local municipality is responsible for conducting elections within that municipality and 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. With respect to the duties and authority of a municipal clerk, the Municipal Elections Act further states as follows: 12.(1) A clerk who is responsible for conducting an election may provide for any matter or procedure that a) is not otherwise provided for in an Act or regulation; and b) in the clerk s opinion, is necessary or desirable for conducting the election. (1) The power conferred by subsection (1) includes power to establish forms, including forms of oaths and statutory declarations, and power to require their use. (2) The power conferred by subsection (1) includes power to require a person, as a condition of doing anything or having an election official do anything under this Act, to furnish proof that is satisfactory to the election official of the person s identity or qualifications, including citizenship or residency, or of any other matter. 1

4 13.(1) Any notice or other information that this Act requires the clerk to give shall be given in a form and manner and at a time that the clerk considers adequate to give reasonable notice or to convey the information, as the case may be. (2) The clerk shall provide electors, candidates and persons who are eligible to be electors with information to enable them to exercise their rights under this Act. Subsection 42(4)(2) also states that the procedures and forms established by the clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. Subsection 42(5) further states that when a by-law authorizing the use of an alternative voting method is in effect, Sections 43 (advance votes) and 44 (voting proxies) apply only if the by-law so specifies. Since the purpose for the use of the alternative voting, being telephone and internet voting, was to eliminate proxies, By-Law Number of the Township of Champlain is silent on these issues and is therefore not applicable. Therefore, with respect to proxies, a person cannot give his or her Voter Information Letter to another eligible elector for the purpose of voting. Acceptance of a Voter Information Letter including the actual voting thereof will be considered an illegal and corrupt practice and therefore subject to the penalty provision under the Municipal Elections Act. The Municipal Elections Act, more specifically Section 53, also provides that the clerk may declare an emergency if he or she is of the opinion that circumstances have arisen that are likely to prevent the election being conducted in accordance with this Act and provides the authority to the clerk to make arrangements for the proper conduct of the election. Any arrangements made by the clerk, if they are consistent with the principles of the Municipal Elections Act, prevail over anything in the Act and the regulations and all such arrangements, if made in good faith, shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness. Therefore, as Clerk of The Corporation of the Township of Champlain and Returning Officer for the municipal elections, I do hereby certify and approve the following procedures for conducting the year 2014 municipal elections and also establish that the attached forms are the only forms permitted and to be used during this election process. Date Approved: March 14 th, 2014 Jean Thériault, Clerk/Returning Officer. Date Amendment #1 Approved: August 28 th, 2014 Alison Collard, Clerk/Returning Officer. 2

5 2. DEFINITIONS (1) Advance Voting...means voting conducted between the hours of 9:00 a.m. beginning on Wednesday, October 22 nd 2014 and ending on Sunday, October 26 th 2014 at 11:59 p.m. (2) Candidate...means a person who has been nominated under Section 33 of the Municipal Elections Act; (3) Certified Candidate...means a candidate whose nomination has been certified by the municipal clerk under Section 35 of the Municipal Elections Act; (4) Clerk...means the Clerk of The Corporation of the Township of Champlain who is responsible for conducting this election under the authority of the Municipal Elections Act, 1996, as amended. (This legislation provides that the clerk of a municipality may provide for any matter that is not otherwise provided for in an Act or regulation and is, in the clerk of the municipality s opinion, necessary or desirable. Section 12 of the Municipal Elections Act, 1996) (5) Date of Birth.means the date of birth of the elector required to provide additional security for access to the voting system. (6) Election Official...means the Clerk or other person(s) appointed in writing by the Clerk, and also listing in writing the assigned tasks or responsibilities as permitted by the Clerk, to carry out election duties under the Municipal Elections Act, 1996 and has taken the prescribed oath(s). (7) Friend...means a person who has been requested by an elector to assist him or her in the voting process. (8) Help Centre...means a location provided by and staffed by the Township of Champlain to assist electors with the voting process or other general election inquiries. The Help Centre shall be the entire Municipal Administration Office located at 948 Pleasant Corner Road East, Vankleek Hill, Ontario. (9) Identification (Reference) Number...means a number assigned to each eligible voter to accommodate a tracking system of electors who have voted. 3

6 (10) Personal Identification Number (PIN)...means a unique sixteen (16) digit number assigned by the service provider to each voter to provide security for access to the voting system. (11) Preliminary List of Electors...means a list of electors for the Township of Champlain compiled by the Municipal Property Assessment Corporation (MPAC) and provided to the Township of Champlain by July 31 st of an election year. (12) Revision Centre...means a location designated by the Clerk of the Township of Champlain to make additions, deletions and corrections to the Voters List. This Centre shall also supply a telephone and internet access to accommodate voting during the voting period. (13) Satisfactory Identification...means one or more pieces of identification which would verify the identity of an individual to the satisfaction of an Election Official. (14) Scrutineer...means an individual, appointed in writing by a certified candidate, to represent him or her during the voting process. (15) Service Provider means the company the Township of Champlain has contracted to supply a telephone and internet voting system for the 2014 municipal election. (16) Voters List...means the Preliminary List of Electors, as corrected by the Clerk, under the provisions of Section 22 of the Municipal Elections Act, (17) Voting Day...means the day on which the final vote is to be taken in an election and shall be from 12:00 am to 8:00 pm on Monday, October 27 th (18) Voter Information Letter...means a sealed envelope containing a unique Personal Identification Number (PIN) for each person on the Voters List or who has completed an application, duly approved by an Election Official, for inclusion on the Voters List including a toll-free telephone access number for telephone voting and the internet address for internet voting, voting days and hours and a Help Centre number for assistance. These envelopes shall be mailed individually to every person on the Voters List. 4

7 3. APPLICATION (1) This procedure has been developed pursuant to Subsection 42(3)(a)(ii) of the Municipal Elections Act, 1996, and applies to the telephone and internet vote being conducted by The Corporation of the Township of Champlain between Wednesday, October 22 nd 2014 and Monday, October 27 th (2) The procedures and forms established by this document prevail over anything in the Act and its regulations, as per Subsection 42(4) of the Municipal Elections Act, (3) Where these procedures do not provide for any matter, the election shall be conducted as far as is consistent and practical within the principles of the Municipal Elections Act, 1996 with the same being determined and established by the Clerk. (4) These procedures may be amended, as necessary and deemed appropriate, by the Clerk of the Township of Champlain. Any amendment to these procedures shall be signed by the Clerk and a copy of the amendment(s) shall be provided forthwith to all certified candidates for office for this Municipality and/or school boards. 5

8 4. SECRECY (1) The Clerk shall require all Election Officials and/or other persons working in connection with the municipal elections to swear or affirm an oath of secrecy in accordance with Section 49 of the Municipal Elections Act, (2) No person shall interfere or attempt to interfere with an elector while in the process of voting or interfere or attempt to interfere in the voting process unless expressly requested and authorized by an elector for assistance. (3) No person shall obtain or attempt to obtain information about how an elector intends to vote or has voted. Any individual requested by an elector to assist him or her in voting is required to maintain the secrecy of the vote(s) cast by the elector and shall vote according to the instructions and wishes of the elector. (4) No person shall communicate any information that might have been inadvertently obtained about how an elector intends to vote or has voted. (5) No elector shall reveal how he or she intends to vote except when obtaining assistance in voting from either a friend or an Election Official. (6) All electors voting at the Help Centre may vote with the assistance of a friend. (Form 4). However, the friend shall be required to take the appropriate oath prior to providing assistance. (Form 5) (7) All complaints regarding any and/or all breaches of secrecy shall be investigated by the proper authorities and violators shall be prosecuted according to the provisions of Offences, Penalties and Enforcement under Sections 89 and 90 of the Municipal Elections Act,

9 5. PRELIMINARY LIST OF ELECTORS / VOTERS LIST (1) The Preliminary List of Electors shall be requested from the Municipal Property Assessment Corporation in both a compact disk and paper format. The list shall be reviewed by the Clerk of the Township of Champlain and obvious errors shall be corrected as permitted under Section 22 of the Municipal Elections Act, 1996, and the list shall be approved for use as the Voters List. a) The list shall then be reproduced in paper format and distributed to those who are entitled to copies under Subsections 23(3), (4) and (5) the Act. All certified candidates shall be entitled to one (1) copy and shall sign a statement acknowledging that the Voters List shall not be used for any commercial purposes. No electronic list shall be provided to any persons as stated under Section 88(11) of the Municipal Elections Act including its regulations thereto. b) The list shall be reproduced in paper format to accommodate the administration in the voting process at the Revision Centre and the Help Centre. c) Additions, corrections and deletions may be made to the list in accordance with Sections 24 and 25 of the Municipal Elections Act, d) The Clerk shall produce a list of the additions, corrections and deletions, as stated in paragraph (c) of the above, and shall distribute a paper format of these additions, corrections and deletions to those who are entitled to copies of the Voters List under the Act and the same shall be the final Voters List. A list of these additions, corrections and deletions shall be provided for use by the Revision Centre and Help Centre. This list, as required under Section 27 of the Municipal Elections Act, shall be available on September 22 nd 2014 at the municipal office. e) The Municipal Property Assessment Corporation (MPAC) has agreed to provide to all local municipalities, after the statutory list of July 31 st, with a supplementary list(s) of electors. As such, the Clerk shall verify the said list and, if deemed appropriate, shall include, delete or correct the Voters List and shall include the same in the interim list of changes pursuant to Section 27(1)(a) & (b) of the Municipal Elections Act. 7

10 f) The Voters List, as corrected by the Clerk pursuant to Section 22 of the Municipal Elections Act, shall be provided to the service provider in order that the service provider may print the Voter Information Letters. Voter Information Letters shall be returned to the Clerk for distribution by first class mail to all eligible voters to enable them to vote. g) The final Voters List shall be continually updated by the Revision Centre only. (2) The Revision Centre shall be established at the Township Municipal Administration Office, located at 948 Pleasant Corner Road East, Vankleek Hill, Ontario. The Revision Centre shall be responsible for the following: (a) Eligible voters who attend at the Revision Centre and are not on the Voters List will be able to be added to the list by filling out a declaration form and providing satisfactory identification (Form 1). (i) (ii) Their names will be added to the Voters List and they will be assigned and receive (or mailed) a Voter Information Letter containing a Personal Identification Number (PIN); and they will be able to vote at the Revision Centre if they so wish during the voting period. (b) Verifying and re-issuing a Voter Information Letter to qualified voters: (i) where a person on the Voters List has lost his or her Voter Information Letter or did not receive it in the mail, he or she can attend at the Revision Centre in order to receive a new one. The Identification (Reference) Number shall first be deleted from the system by the authorized Election Official which in turn will delete the unused Personal Identification Number (PIN). Upon providing satisfactory identification to an Election Official, an oath shall be taken by the elector and a new Voter Information Letter containing a new Personal Identification Number (PIN) shall be issued. (Form 2) 8

11 6. NOTICES (1) The Clerk of the Township of Champlain shall notify voters of the following through the use of newspaper advertisements: (a) (b) (c) (d) that a municipal election is being held for the Township of Champlain and that the Municipality has adopted alternative voting methods, being vote-by-telephone and by internet; the time and date for the holding of the vote including advance voting and the method of voting including the office(s) of the Township Council and/or school boards; who is eligible to vote in the municipal election; and the location and hours of the Revision Centre and the Help Centre, how eligible voters can check to see if their name is on the Voters List and the procedures by which their name can be added or information corrected on the Voters List. (2) The Clerk shall determine the date(s) of all advertisements including in which newspaper(s) the notices are to appear in order to comply with the requirements and principles of the Municipal Elections Act, (3) Each person on the Voters List shall be mailed by first-class mail a sealed Voter Information Letter containing: (a) (b) (c) (d) (e) his or her Personal Identification Number (PIN) and the telephone number to call and the website address to cast his or her vote; instructions on how to vote; hours of voting; the location of the Revision Centre; and the location and telephone number of the Help Centre. 9

12 7. VOTING (1) The alternative voting method, being either voting by telephone or by internet, is as follows: (a) Voting: (i) (ii) (iii) (iv) (v) (vi) Eligible electors shall be required to either telephone a designated number or access a website and cast their vote(s). Every eligible elector will be required to provide his or her date of birth. Every eligible elector shall be limited to only one vote through the use of a Personal Identification Number (PIN) distributed by Canada Post in a sealed and personalized Voter Information Letter. The interactive voice response system and website, being accessible in either official language, will allow the eligible voter to vote. Following the voters selection, the interactive voice response system and website shall identify the voter s choice and provide the voter with the option of changing or confirming their vote. The interactive voice response system and website shall enable the voter to abstain from voting for an office(s) if he/she wishes to do so. (vii) Once the Personal Identification Number (PIN) has been used it cannot be used again and further access shall not be granted. (b) Voting will commence on Wednesday, October 22 nd 2014 at 9:00 am and conclude on Monday, October 27 th 2014 at 8:00 pm. (2) Prior to the activation of the system by the service provider on Wednesday, October 22 nd at 9:00 a.m., the service provider shall forward to the Clerk by facsimile transmission, a list of all of the candidates names including the sum total of votes cast to ensure that all totals for all candidates indicate 0. The system will not be activated until it is confirmed that all numbers opposite a candidate s name have been deleted from the system and a facsimile transmission has been received 10

13 indicating a 0 total for all candidates. (3) Candidates or their scrutineer may be present to verify and ensure that the total number of votes cast is 0 and they shall be permitted to sign the facsimile transmission. (4) The service provider will provide the Clerk of the Township of Champlain, no later than 9:00 a.m., with a list of all Identification (Reference) Numbers and corresponding names of those people, by order of wards and polling subdivisions, who voted on the previous day during the advance voting in order that the names of those who have voted can be struck off the Voters List. A list of electors who voted during this period will be provided to the candidates or their respective scrutineer. This list shall be available each day no later than 11:00 a.m. from October 23 rd 2014 to October 27 th 2014 inclusively. (5) The service provider will provide the Clerk of the Township of Champlain with a list of all Identification (Reference) Numbers and corresponding names of those people, by order of wards and polling subdivision, who have voted prior to 10:00 a.m. and 3:00 p.m. on voting day by 11:00 a.m. and 4:00 p.m. respectively. (6) Candidates or their scrutineer may also receive a copy of the lists of electors that have voted on Voting Day at the hours of 12:00 Noon and 5:00 p.m. (7) Where a voter qualifies at more than one location in the Township of Champlain, the voter must vote only once and the qualifying address to determine eligibility for voting shall be at the place of residence of the elector. All duplication of names on the preliminary list of electors shall be verified by the Clerk and/or Election Officials and all duplicate names of individuals shall be deleted prior to the final preparation of the Voters List. However, should an eligible voter receive more than one Voter Information Letter, the eligible elector can only vote once and must return the other Letter(s) to the Township Administration Office. All voters that vote more than once or who improperly use the Voter Information Letter shall be reported to the Ontario Provincial Police for further investigation as to possible corrupt practices under the Municipal Elections Act, (8) Voter Information Letters returned to the Municipal Office unopened will remain unopened, marked unused and be maintained in a secure fashion and will be destroyed at the same time as all other municipal election material as provided for under Section 88 of the Municipal 11

14 Elections Act, (9) The Election Official will immediately delete the Identification (Reference) Number from the system should a Voter Information Letter be returned to the Municipal Office that has been opened but has not been used for voting purposes. In this circumstance, the Voter Information Letter shall be marked deleted. (10) The Clerk and the Election Official(s) shall ensure a complete audit trail of all Voter Information Letters (a) (b) (c) (d) (e) (f) that were sent to eligible voters; that were returned from the Post Office; that were returned by an elector or other individual(s) either opened or unopened but unused for voting purposes; that were deleted from the system; that were re-issued to an eligible elector; and that were received from the service provider and unassigned to potential eligible electors including the total number of Voter Information Letters that were assigned to eligible electors that have completed the appropriate form(s). (11) (a) Where an eligible voter has tried his or her Personal Identification Number (PIN) for the first time and it has already been used, the voter can attend at the Help Centre with satisfactory identification and have an Election Official confirm that the elector s Personal Identification Number (PIN) has been used by an impersonator. (b) (c) Prior to the issuance of a new Voter Information Letter, the elector shall be required to respond and answer all questions of the Election Official prior to considering or authorizing the re-issuance of a Voter Information Letter. The Election Official shall document all questions and answers of the elector and, if deemed appropriate, the Clerk shall submit the same to the Ontario Provincial Police for further investigation and prosecution. If the Election Official believes that all questions have been answered truthfully and to his or her satisfaction, the elector will be required to make a declaration as to his or her statement and to take an oath which shall be given by the Election Official. A copy of this declaration shall also be submitted to the Ontario Provincial Police should further questioning of the elector be required in order to ascertain if corrupt practices have occurred. The elector will be 12

15 required to assist and co-operate in the investigation in determining the individual(s) who has fraudulently used the Personal Identification Number (PIN). (d) Once the elector has properly answered all questions and taken the prescribed oath, the elector shall be issued a new Voter Information Letter containing a new Personal Identification Number (PIN) (Form 3). As a condition to re-issuance of a Voter Information Letter, the elector will be required to vote at the Help Centre. Should the elector fail to vote at the Help Centre or leave the Centre without voting, the Election Official shall forthwith delete from the system the Identification (Reference) Number and the Voter Information Letter shall be voided. The elector shall forfeit his or her right to vote and shall not be entitled to a new Voter Information Letter. The Ontario Provincial Police shall be advised immediately to determine if a corrupt practice has occurred. (12) Where an eligible voter has tried his or her Personal Identification Number (PIN) and it is not valid, the Election Official will ensure that it has been activated. (13) (a) Where an eligible voter has received an incorrect Voter Information Letter in terms of ward and/or school support, the voter can attend at the Revision Centre in order to receive a correct one provided that the Voter Information Letter has not been used to vote. If the voter has used the Voter Information Letter to vote and the system indicates that the voter has used this Personal Identification Number (PIN), the elector shall have deemed to have voted and shall be denied a new Voter Information Letter. (b) The eligible elector shall return the original unused Voter Information Letter to the Election Official in order to qualify for a new Voter Information Letter. The Identification (Reference) Number shall be deleted immediately by the authorized Election Official in order to delete the Personal Identification Number (PIN) and the Voter Information Letter shall be marked Deleted. Upon receiving satisfactory identification (and completing a statutory declaration), a new Voter Information Letter shall be issued to the elector. (Form 1). 13

16 (14) A Voter Information Letter shall only be given out to the elector who attends personally at the Revision Centre. Personal Identification Numbers or any security number(s) shall not be given out over the telephone or by mail. A Voter Information Letter containing the Personal Identification Number (PIN) shall not be given to any person at the Revision Centre unless satisfactory identification is provided and the elector has taken the required oath(s) as administered by the Election Official. 14

17 8. VOTER QUALIFICATIONS (1) Persons with the following qualifications are the only ones entitled to vote in this Municipal Election: A person who, (a) (i) is a resident in the Township of Champlain, or (ii) is the owner or tenant of land in the Township of Champlain, or the spouse of such an owner or tenant; and (b) on Voting Day, being October 27 th 2014, is (i) (ii) (iii) a Canadian citizen, at least 18 years old, and not prohibited from voting under subsection 17(3) of the Municipal Elections Act, 1996 or otherwise by law. 15

18 9. VOTING PROCESS (1) Eligible voters may vote by: (a) (i) accessing the telephone number provided by using either a touch tone telephone or cellular telephone. Diga-pulse telephones will be able to access the system using their Personal Identification Number (PIN) provided the over-ride button on their telephone to a touch-tone mode is completed or by waiting for the return of the dial tone. Should the preceding be incorrectly completed, the interactive voice response (IVR) system will provide an error message requesting that the eligible elector obtain assistance from an Election Official or vote at the Help Centre. VOTING CANNOT BE COMPLETED BY USING A ROTARY TELEPHONE. (a) (ii) or by accessing the website at the address indicated on the Voter Information Letter. (b) attending at the Help Centre during the following hours: For Advance Voting, between the hours of 9:00 a.m. and 3:30 p.m. from Wednesday, October 22 nd to Friday, October 24 th 2014; and for Saturday, October 25 th 2014 and Sunday, October 26 th 2014, between the hours of 9:00 a.m. and 12:00 p.m. For Voting Day, between the hours of 9:00 a.m. and 8:00 p.m. on Monday, October 27 th and using the touch tone telephone provided. Any telephone provided at the Help Centre shall delete any display options on the telephone; (c) (d) attending at the Help Centre during hours identified in paragraph (b) with a friend, taking the appropriate oath(s) and having a friend vote using the touch tone telephone provided (Form 4 & 5). In the absence of a friend, the voter may request the assistance of the Election Official, who may provide assistance only after the appropriate oath (Form 4) has been taken; attending the Help Centre during hours identified in paragraph (b) with an interpreter, taking the appropriate oral oath(s) and voting using the touch tone telephone provided; (Form 6); 16

19 (e) with the assistance of an Election official(s) that will be provided to the following institutions and retirement homes on the specified date(s) and hours: NAME OF RETIREMENT HOME OR INSTITUTION Champlain Nursing Home (Chartwell), 428 Front Road West, L ORIGNAL MacDonald Residence, 24 Bertha St. VANKLEEK HILL Heritage Lodge, 48 Wall Street VANKLEEK HILL L=Orignal / Longueuil Non-Profit Housing, 900 Bay Road, L=ORIGNAL Ontario Housing Corporation 69 Derby Street, VANKLEEK HILL Vankleek Senior Citizens Manor 71 Derby Street, VANKLEEK HILL DATE Wednesday, October 22 nd 2014 Wednesday, October 22 nd 2014 Thursday, October 23 rd 2014 Friday, October 24 th 2014 Saturday, October 25 th 2014 Sunday, October 26 th 2014 HOURS FOR ASSISTANCE 9:00 am to 11:00 am 1:00 pm to 4:00 pm 9:00 am to 11:30 am 12:30 pm to 5:30 pm 9:00 am to 11:30 12:30 pm to 5:00 pm 11:30 am to 3:00 pm 10:00 am to 5:00 pm These dates are subject to changes upon arrangements being made with the owner/manager of the respective homes for senior citizens or nursing homes. Changes will not be the subject of notification to the candidates. As Clerk, I do hereby designate these areas/locations identified above as polling locations under the provisions of the Municipal Elections Act during the date and time identified above. SPECIAL NOTE: Voter Information Letters for residents of the Champlain Nursing Home shall not be mailed but shall remain in the custody of the Election Official(s) assigned to assist at this Nursing Home. Voter Information Letters may be remitted to an immediate family member (father, mother, brother, sister or a child of a resident of this Nursing Home) conditional that the family member prescribes to the appropriate oath(s). 17

20 10. SCRUTINEERS (1) Scrutineers may be appointed, in writing by the candidate, as stated under Section 16 of the Municipal Elections Act, If appointed, scrutineers will be entitled to the following: (a) (b) (c) upon request and after producing the properly signed Appointment of Scrutineer (Form 8) and prescribing to the oath(s) of secrecy, they will be provided a copy of the list of voters showing all electors that have voted. Scrutineers may pick up their list after 11:00 a.m. on the following day during the advance voting period showing all voters that have voted on the previous day. On voting day, a copy of the electors who have previously voted will be provided for pickup at 12:00 Noon and 5:00 p.m. upon request and after producing the properly signed appointment of scrutineer form including prescribing to the oath(s) of secrecy, they may attend at the Help Centre during hours of operation and observe the process. Scrutineers who do not follow the instructions of the Election Official(s) or who attempt to interfere, influence and to determine how an elector is voting will be requested to leave the Help Centre immediately and their appointment will be revoked and will not be permitted to re-attend at the Help Centre. to be present at the time and place where results are received by the Clerk including signing the facsimile transmission indicating the final results and votes cast. No copy of the final results will be provided until posted at the Township Municipal Hall and/or other designated area as determined by the Clerk. Use of a cellular telephone shall NOT BE PERMITTED within the Revision Centre by any candidate or scrutineer. 18

21 11. SYSTEM (1) The integrity of the voting process shall be the responsibility of the Clerk of the Township of Champlain and shall be preserved by: (a) (b) (c) ensuring that every eligible elector on the Voters List is mailed, using Canada Post, a sealed Voter Information Letter which contains the voter s unique Personal Identification Number (PIN); ensuring that no one, including the Clerk of the Township of Champlain, maintains a list of Personal Identification Numbers that matches each voter s name and address; and providing an opportunity for eligible electors who do not appear on the Voters List to be added to the list or to make amendments to the list, up to and including Monday, October 27 th 2014 at 8:00 pm. (2) The voting system shall be tested on several occasions with the final test to occur no later than October 8 th The test(s) shall include, but not be limited to the following: (a) (b) (c) (d) (e) (f) (g) (h) checking the wording of the script and text on the website; checking the Help Centre and Revision Centre telephones; checking five and ten second delays for the telephone voting only; attempting to use a Personal Identification Number (PIN) more than once; balancing a predetermined number of votes with those cast; matching Identification (Reference) Numbers to names and addresses; checking the system which is used for activating Personal Identification Numbers through the revision process; and deliberately keying in the wrong information. 19

22 (3) In continuing to provide for the integrity of the system and to ensure confidence of this process, a demonstration to the certified candidates or their scrutineer will be provided of the items specified in paragraph 11(2) of this document. The location, date and time for this demonstration shall be determined by the Clerk and shall be prior to October 10 th (4) The system demonstration to candidates will also indicate the actual names of the candidates in order that the names are correctly enunciated and written at which time the candidate(s) will have an opportunity of requesting changes in the pronunciation and the spelling of their name(s) only. (5) All certified candidates are to provide to the Clerk the proper pronunciation of their name, in English and in French, including the spelling of their name, no later than September 15 th

23 12. EMERGENCIES (1) The Clerk may declare an emergency if he/she is of the opinion that circumstances have arisen that are likely to prevent the election being conducted in accordance with the Municipal Elections Act. (2) On declaring an emergency, the Clerk shall make such arrangements as he/she considers advisable of for the conduct of the election. (3) The arrangements made by the Clerk, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. (4) The emergency continues until the Clerk declares that it has ended. (5) If made in good faith, the Clerk s declaration of emergency and arrangement shall not be reviewed or set aside on account of unreasonableness or supposed unreasonableness. (6) It shall be the policy that in the event of an emergency, as determined by the Clerk, that the Clerk shall to the best of his/her ability advertise such emergency. (7) If required, the Clerk may consider alternate options for the following: (a) (b) (c) (d) (e) Reporting result Notification of electors Election Officials Voting period (delay of Voting Day, extension of voting hours or days(s)) Alternate voting place or alternate facility (8) If any part of the voting for an office is not completed, do not release the results until the voting for that office is completed. (9) In the event of an emergency the provider of the Internet and Telephone Voting Services provider will take direction from the Clerk as to what actions will be taken, shall stop the Internet and Telephone Voting system from accepting calls via a telephone and connections from the Internet, thus preventing the election from continuing, or starting, as the case may be. 21

24 13. CAMPAIGN MATERIAL / POSTERS (1) NO campaign material or posters shall be permitted on any municipal property with the only exception being along municipal road allowances. This includes the following which is not meant to be a complete and exhaustive list: NO campaign material, posters, etc. will be permitted in municipal parks, arenas, community centres, vacant lands, municipal buildings and structures, etc. (2) Posters or similar campaign material shall be permitted along municipal road allowances providing the following conditions are respected: (a) (b) that the visibility of intersections or private entrances is not obstructed and do not create a safety condition; that the posters or similar campaign material is of sufficient texture and of proper installation that weather conditions will not displace this material and create a safety hazard on municipal roads. (3) Posters or similar campaign material that will be installed on provincial or county roads will require the permission of these respective approving authorities. (4) Posters or similar campaign material that will be installed or affixed to poles belonging to Hydro One Network, Bell Canada or other public utilities will require the permission of these respective approving authorities. (5) The Township of Champlain or any of its municipal servants, employees or agents will not be responsible for investigating or prosecuting for any acts of vandalism to the posters or campaign material of the candidates. (6) Should any posters or campaign material be located on municipally-owned property or be located on municipally-owned road allowances which do not comply to the provisions of this section, the same shall be removed forthwith and stored at the municipal garage located at 1023 Pleasant Corner Road East, Vankleek Hill, Ontario. (7) Should any material be removed pursuant to paragraph 6, the candidate shall be contacted immediately to pickup any such posters or campaign material so removed. 22

25 (8) Prior to November 7 th 2014 all candidates will be required to remove all posters and campaign material along municipally-owned road allowance. Should such material continue to be located, the same shall be removed immediately and stored at the Municipal Garage located at 1023 Pleasant Corner Road East, Vankleek Hill, Ontario whereby the candidate may make arrangements for pickup of the material in question. If the campaign material is not collected by the candidate or his or her representative prior to November 21 st 2014, the same shall be destroyed by the Municipality. 23

26 14. CORRUPT ELECTION PRACTICES - PROVINCIAL OFFENCE AND PROSECUTION (1) Sections 89 and 90 of the Municipal Elections Act provides for penalties and enforcement of corrupt practices and other offences during an election process. (2) Although the Township of Champlain will be using alternative-voting methods, being the vote-by-telephone and internet, the principles and the integrity of the election process will remain and is enforceable. (3) Section 89 of the Municipal Elections Act continues by stating A person is guilty of an offence and liable, on conviction, to a fine of not more than $5,000, if he or she a) votes without being entitled to do so; b) votes more times than this Act allows; c) induces or procures a person to vote when that person is not entitled to do so; d) etc... d. No person(s) shall solicit, in any form from an eligible elector, their Voter Information Letter. All complaints or knowledge of solicitation shall be reported immediately to the Ontario Provincial Police for investigation of corrupt practices. (5) In addition, under the provisions of Section 90 of the Municipal Elections Act, if a person is convicted of an offence and the offence was committed knowingly, the offence also constitutes a corrupt practice and the person is liable, in addition to any other penalty, for a term of imprisonment not more than six (6) months. (6) Although many provisions of the Municipal Elections Act also deals with voting places, ballots and ballot boxes, etc. the same must be used interchangeably with the alternative form of voting since the principle of the Act must be maintained and is therefore enforceable and subject to penalties. 24

27 (7) As such, the Municipal Clerk of the Township of Champlain in this alternative form of voting hereby establishes the following rules and regulations: a) THAT all complaints which may contravene the provisions of the Municipal Elections Act, either verbally or written, will be investigated by the Clerk; b) THAT all such complaints, once investigated to the extent and knowledge of the Clerk, will be submitted to the local detachment of the Ontario Provincial Police; c) THE Detachment Commander of the Ontario Provincial Police has been advised that all such complaints will be turned over to his or her office for further investigation; d) THE Detachment Commander of the Ontario Provincial Police, once the investigation completed, will communicate with the Crown Attorney s Office to determine if an individual(s) will be prosecuted. e) THE Clerk or any Election Official will not attempt to intervene in the prosecution and may be called to give evidence during prosecution. 25

28 15. MAIL TAMPERING - CRIMINAL OFFENCE AND PROSECUTION i. The Criminal Code of Canada states that tampering with the mail of an individual is a criminal offence and a person(s) found guilty is liable to a term of imprisonment not exceeding ten (10) years. (2) Since the Township of Champlain will be using alternative-voting methods, being the vote-by-telephone and by internet, and that notification of the voting process and how electors can access the voting system in order to exercise their right to vote will be completed through the mail, mail tampering is a criminal offence under the Criminal Code of Canada. As such and in order to ensure the integrity and confidence of the voting process for all electors and the candidates, the Clerk of the Township of Champlain in this alternative form of voting hereby establishes the following rules and regulations: a) THAT all complaints regarding contravention of the provisions of the Criminal Code of Canada with respect to mail tampering, either verbally or written, will be investigated by the Clerk; b) THAT all such complaints, once investigated to the extent and knowledge of the Clerk, will be submitted to the local detachment of the Ontario Provincial Police; c) THE Detachment Commander of the Ontario Provincial Police has been advised that all such complaints will be turned over to his or her office for further investigation; d) THE Detachment Commander of the Ontario Provincial Police, once the investigation is completed, will communicate with the Crown Attorney s Office to determine if an individual(s) will be prosecuted. e) THE Clerk or any Election Official will not attempt to intervene in the prosecution and may be called to give evidence during prosecution. 26

29 16. RESULTS (1) The service provider shall keep its public voting lines and website open until 8:00 pm on Monday, October 27 th 2014 and its Help Centre lines open until the Clerk of the Township confirms that all eligible voters in the Help Centre at 8:00 pm on Monday, October 27 th 2014 have completed voting. (2) The Clerk of the Township of Champlain, at 8:00 p.m. on October 27 th 2014, providing that all eligible electors within the Help Centre have voted, shall request the close and deactivation of the vote-by-telephone-and internet system at the Help Centre and shall also request the tabulation of the results for each candidate. The final (official) results of each candidate by category of wards and polling subdivisions shall be available at 12:00 (Noon) on October 28 th 2014 at the Township Administration Office. (3) The Clerk shall report the unofficial results when received from the service provider after 8:00 pm on Monday, October 27 th 2014 at the Township Municipal Hall including any other location as deemed appropriate by the Clerk. (4) Pursuant to Subsection 55(4) and subject to the provisions of Section 56 of the Municipal Elections Act concerning Recount, the Clerk shall on Tuesday, October 28 th 2014 at the hour of 12:00 (Noon) at the Township Administration Building located at 948 Pleasant Corner Road, Vankleek Hill, Ontario (a) (b) declare the candidate or candidates, as the case may be, who received the highest number of votes to be elected; and declare the result of any vote on a by-law or question. 27

30 17. TIE VOTE - RECOUNT PROCEDURES (1) In the case of a tie vote, as provided under Section 56 of the Municipal Elections Act, the Clerk of the Township of Champlain shall request from the service provider a re-tabulation of the votes cast. (2) Pursuant to Subsection 56(2) of the Municipal Elections Act, the recount shall be held within fifteen (15) days after the clerk s declaration of the results of the election, and therefore the recount shall occur on Friday, November 7 th, 2014 at the hour of 10:00 a.m. at the Township Administration Building located at 948 Pleasant Corner Road, Vankleek Hill, Ontario. (3) Pursuant to Subsection 61(1) of the Municipal Elections Act, the following persons will be authorized to attend the recount: (a) (b) (c) (d) the Clerk and any other Election Official appointed by the Clerk for the recount procedure including the Municipal lawyer; every certified candidate for the office; the lawyer for each of the candidate; and only one (1) scrutineer for each of the candidate. (4) At the precise hour of 10:15 a.m., the Clerk shall request the service provider to re-tabulate the results for the office(s) that are subject to the recount procedure and that the results be segregated by wards and polling subdivisions. The service provider shall send the results of the recount by facsimile transmission and/or by electronic mail ( ). (5) Upon receipt of the final results of the recount, the Clerk shall announce the results of the recount and in the event of a tied vote, Subsection 62(3) of the Municipal Elections Act shall apply, being as follows: If the recount indicates that two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate or candidates by lot. (6) In the event that a tied vote occurs after the statutory recount, the following procedure shall be used and applied: a) the Clerk shall determine the texture and quality of the paper used for this process and each candidate or the candidate s lawyer 28

31 and/or scrutineer will have an opportunity of examining the paper to be used to inscribe the names of the candidates; b) the Clerk shall inscribe the name of each candidate on a similar size paper and the candidate(s), the candidate s lawyer and/or scrutineer, without touching the paper, examine the same. In addition, all persons present will have an opportunity of examining the box which will be used for conducting the lot; c) upon acceptance of all the candidates that the process outlined in paragraphs a) and b) have been adhered to, the Clerk shall fold the papers bearing each candidate=s name twice in two (2) equal parts and shall deposit these papers, in full view of all persons present and authorized to attend, in an open-end box that will be acceptable to all persons present. In the event of a conflict or difference of opinion as to the selection of the box, the Clerk shall determine the box to be used for this process. (7) Upon completion of this process, the Clerk shall hold the box and, without looking into the box, ensure that the contents has been displaced sufficiently and request the Municipal lawyer to draw only one (1) or the required number for the purpose of determining the successful candidate or candidates. (8) The Municipal lawyer shall hand directly to the Clerk the selected and required number of papers and the Clerk shall read aloud the name of the candidate or candidates and proceed to declared this or these individuals elected. (9) Once completed, the Municipal lawyer shall remove the remaining contents from the box and provide an opportunity for all persons present to examine these slips of papers including the box. 29

32 18. AFTER VOTING DAY (1) At no time after voting day shall the Identification (Reference) Numbers and Personal Identification Numbers come together to allow anyone to know how an elector has voted. (2) All election materials shall be destroyed in accordance with the principles of Section 88 of the Municipal Election Act,

33 19. ATTACHMENTS - FORMS The following forms and notices have been approved and are the only one s prescribed for use by the Township of Champlain for the election process: FORM NUMBER DESCRIPTION / NAME OF FORM OR NOTICE FORM 1 FORM 2 FORM 3 FORM 4 FORM 5 FORM 6 FORM 7 FORM 8 FORM 9 FORM 10 FORM 11 FORM 12 Additions, Corrections and Deletions to the Voters List Voters Identification Number - (Lost and Unused) Voters Identification Number - (Impersonator) Oral Oath of Incapacity to Vote without Assistance Oral Oath of Friend of Elector Oath of Interpreter Oath of Secrecy Appointment / Oath of Scrutineer Oath of Candidate at the Help Centre Oral Oath of Qualification Appointment / Oath of Election Official Removal of Another Person s Name from the Voters= List Additional forms to those identified above may be approved by the Clerk of the Township of Champlain. 31