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TOWN OF SIDNEY
BYLAW NO. 1715
(CONSOLIDATED)
Amendment Bylaws incorporated as listed at the end of the document.
A BYLAW TO PROVIDE FOR AUTOMATED VOTING AND THE DETERMINATION OF
VARIOUS PROCEDURES FOR THE CONDUCT OF LOCAL GOVERNMENT ELECTIONS
AND OTHER VOTING
WHEREAS pursuant to the Local Government Act, the Council may provide by bylaw, for the
use of automated voting machines, voting recorders or other devices for voting in an election;
AND WHEREAS pursuant to the Local Government Act, Council may by bylaw determine
various procedures and requirements to be applied in the conduct of local government elections
and other voting:
AND WHEREAS Council wishes to establish various procedures and requirements under that
authority:
NOW, THEREFORE the Council of the Town of Sidney, in open meeting assembled, enacts as
follows:
1.
Definitions:
In this bylaw:
"Acceptable mark" means a completed oval that:
a)
is identifiable by a vote-tabulating unit, and
b)
is made by an elector in the space provided on a ballot opposite the name of a
candidate or opposite either 'yes' or 'no' on any assent voting question;
"Automated vote counting system" means a system that counts and records votes,
processes and stores election results, and is comprised of the following equipment
having the functions indicated:
a)
a number of ballot-scanning vote-tabulating units each of which rests on a ballot
box, and
b)
a number of portable ballot boxes into which voted ballots are deposited, if a
vote-tabulating unit is not functioning or being used, for counting after the close
of voting on general voting day;
"Ballot" means a single automated ballot card designed for use in an automated vote
counting system, which shows:
a)
the names of all of the candidates for each of the offices of Mayor and
Councillors; and
b)
all of the choices on all of the bylaws or other matters on which the assent of the
electors is sought;
"Ballot return Over-ride Procedure" means the use, by an election official, of a device on
a vote-tabulating unit, that causes the unit to accept a returned ballot;
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 2
"Memory card" means the storage device that stores all of the permanent results for the
vote-tabulating unit;
"Portable ballot box" means a ballot box which is used in the election, where a vote
tabulating unit is not being used or not functioning;
"Register tape" means the printed record generated from a vote tabulating unit at the
close of voting on general voting day, which shows the number of votes for each
candidate for each of the offices to be filled and for and against each bylaw or other
matter on which the assent of the electors is sought;
"Returned ballot" means a voted ballot, inserted by an elector into a vote tabulating unit,
that is not accepted and is returned by the unit to the elector with an explanation of the
marking error that caused the ballot to be unacceptable;
"Secrecy sleeve" means an open-ended folder or envelope used to cover ballots to
conceal the choices made by each elector;
"Town" means the Town of Sidney;
"Vote tabulating unit" means a device into which voted ballots are inserted, and that
scans each ballot and records the number of votes for each candidate and for and
against each assent voting question.
2.
Use of Voting Machines
Voting may be conducted in a general local election and assent voting in the Town using
an automated vote counting system.
3.
Automated Voting Procedures
3.1
Before a ballot is issued to the elector, the presiding election official for that
voting place must offer and, if requested by the elector, must direct an election
official to provide a demonstration to the elector of the method for voting by
using an automated vote counting system, including the use of a secrecy sleeve.
3.2
After declining the offer or receiving a demonstration under subsection 1, an
elector must proceed as instructed to the election official responsible for issuing
ballots.
3.3
The election official responsible for issuing a ballot to an elector:
a)
must ensure that the elector:
i)
is qualified to vote in the election, and
ii)
completes the voting book as required by the Local Government
Act, and
b)
after satisfying paragraph (a), must give to the elector a ballot, a secrecy
sleeve if the elector requests it, and any further instructions requested by
the elector.
3.4
After receiving a ballot, an elector:
a)
must proceed immediately to a voting compartment,
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 3
b)
may vote only by making an acceptable mark on the ballot:
i)
beside the name of each candidate of choice up to the maximum
number of candidates to be elected for each of the offices to be
filled; and
ii)
beside either "yes" or "no" in the case of each bylaw or other
matter on which the assent of the electors is sought,
c)
must place the marked ballot into a secrecy sleeve, if applicable, proceed
to the vote tabulating unit, and under the supervision of the election
official in attendance, insert the ballot directly into the vote-tabulating unit
without exposing the acceptable marks on the ballot, and
d)
may request a replacement ballot by advising the election official in
attendance if:
i)
before inserting a ballot into the vote-tabulating unit, the elector
decides that she or he made a mistake when marking the ballot, or
ii)
a ballot is returned by the vote-tabulating unit.
3.5
The presiding election official must carry out the following procedures if an
elector requests a replacement ballot in accordance with subsection 3.4(d):
a)
issue the replacement ballot to the elector;
b)
mark as "spoiled" the ballot that is being replaced, and
c)
retain all spoiled ballots separately from all other ballots.
3.6
Spoiled ballots must not be included in the counting of votes on ballots.
3.7
For the purpose of counting acceptable marks, the presiding election official
must reinsert a returned ballot into the vote-tabulating unit by using the ballot
return over-ride procedure if the elector:
a)
has not damaged the returned ballot to the extent that it cannot be
reinserted, and
b)
does not request a replacement ballot.
3.8
A ballot counted by the vote-tabulating unit is valid and all acceptable marks
contained on that ballot must be counted subject to a determination made under
a judicial recount.
3.9
An elector must immediately leave the voting place after the vote-tabulating unit
indicates that the elector's ballot has been accepted.
3.10
The election official supervising a vote-tabulating unit must insert into a portable
ballot box all ballots delivered by electors during a time when the vote-tabulating
unit is not functioning and is not replaced.
3.11
An election official must carry out the following procedures under the supervision
of the presiding election official as soon as is reasonably possible after a
nonfunctioning vote-tabulating unit becomes operational or is replaced with
another vote-tabulating unit:
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 4
a)
remove the ballots contained in the portable ballot box that temporarily
replaced the nonfunctioning vote-tabulating unit, and
b)
insert into the functioning vote-tabulating unit the ballots removed under
paragraph (a).
3.12
Under the supervision of the presiding election official, an election official must
use the ballot return override procedure to reinsert into a vote-tabulating unit
ballots that were temporarily stored in a portable ballot box under subsection
3.10 and that are treated as returned ballots by the vote-tabulating unit into
which they were placed under subsection 3.11.
3.13
A ballot used in an automated vote counting system may be in the form set out in
Schedule 'A'.
4.
Required Advanced Voting Opportunities
As authorized under section 107 of the Local Government Act, the following required
advanced voting opportunities are established for each election, and other voting:
a)
one on the 10th day before general voting day from 8:00 a.m. to 8:00 p.m.; and
b)
one on the 3rd day before general voting day from 8:00 a.m. to 8:00 p.m.
5.
Advance Voting Opportunity Procedures
5.1
Vote tabulating units must be used to conduct the vote at all advance voting
opportunities.
5.2
Voting procedures at advance voting opportunities must follow as closely as
possible to those described in Section 3 of this bylaw.
5.3
At the close of voting at each advance voting opportunity the presiding election
official must ensure that:
a)
no additional ballots are inserted in the vote-tabulating unit;
b)
the portable ballot box is sealed to prevent insertion of any ballots;
c)
the register tapes in the vote-tabulating unit are not generated, and
d)
the memory card of the vote-tabulating unit is secured.
5.4
At the close of voting at the final advance voting opportunity the presiding
election official must:
a)
ensure that any remaining ballots in the portable ballot box are inserted
into the vote-tabulating unit;
b)
secure the vote-tabulating unit so that no more ballots can be inserted;
and
c)
deliver the vote-tabulating unit together with the memory card and all
other materials used in the election to the Chief Election Officer.
6.
Special Voting Opportunity Procedures
6.1
A portable ballot box must be used for all special voting opportunities unless the
Chief Election Officer determines that it is practical to use a vote-tabulating unit.
6.2
The presiding election official at a special voting opportunity must proceed in
accordance with:
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 5
a)
Sections 3.2, 3.3 and 3.4 to the extent that they are applicable when a
portable ballot box is being used; and
b)
Section 3 when a vote-tabulating unit is being used.
6.3
The presiding election official at a special voting opportunity:
a)
must ensure that a portable ballot box is secured when not in use; and
b)
at the close of voting at the final special voting opportunity must seal a
portable ballot box and return it together with all other election materials
to the Chief Election Officer.
7.
Mail Ballot Voting Authorization and Procedure
7.1
Voting by mail ballot and elector registration by mail in conjunction with mail
ballot voting are hereby authorized.
7.2
In accordance with section 110 of the Local Government Act, all eligible electors
may vote using a mail ballot option.
7.3
Application Procedure
a)
An elector may request a mail ballot package in person or by mail, fax or
email by presenting to the Chief Election Officer a written request stating
their name, address and whether the mail ballot package is to be
delivered by mail or picked up from Town Hall.
b)
Upon receipt of an application for a mail ballot package by the Chief
Election Officer, the Chief Election Officer shall record on a mail ballot
application list the name and address of the elector in respect of whom
the application is made.
c)
The Chief Election Officer shall make the mail ballot application list
available for public inspection at the Town Hall during its regular office
hours until 30 days after the declaration of the election results under
section 146 of the Local Government Act. Before inspecting the list, a
person must sign a statement that the person will not inspect the list or
use the information contained in it except for the purposes of the Part 3 of
the Local Government Act.
d)
The Chief Election Officer, an election official, a candidate representative
or a person who is qualified as an elector of the Town of Sidney may
challenge, in person to the Chief Election officer before 4:00p.m. on the
first business day after an application for a mail ballot package has been
received by the Chief Election Officer, the right of a person to vote by
mail ballot in accordance with section 126(2)(b) of the Local Government
Act.
e)
Following the challenge period under section 7.3(c), the Chief Election
Officer shall either:
(i)
except where subsection 7.3(e)(ii) applies, in the manner
requested by the elector, either mail or make available for pickup
a mail ballot package that meets the requirements of section
110(7) of the Local Government Act; or
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 6
(ii)
in respect of an application for which a challenge is made under
section 7.3(c), notify the applicant of the challenge, the basis for
the challenge and of the requirements of section 126(3) and
126(4) of the Local Government Act in order for the applicant to
receive a ballot.
f)
The Chief Election Officer may establish the time limit to apply for a mail
ballot package and any other time limits in relation to voting by mail ballot
that are not established under this bylaw.
7.4
Voting Procedure
a)
To vote using a mail ballot, the elector shall mark the ballot in accordance
with the instructions contained in the mail ballot package provided by the
Chief Election Officer.
b)
After marking the ballot, the elector shall:
i)
place the ballot in the secrecy envelope provided and seal the
secrecy envelope;
ii)
place the secrecy envelope in the certification envelope, and
complete and sign the certification printed on such envelope, and
then seal the certification envelope;
iii)
place the certification envelope, together with a completed elector
registration, if required, in the outer envelope, and then seal the
outer envelope;
iv)
mail the outer envelope and its contents to the Chief Election
Officer at the address specified on the outer envelope, or deliver
the outer envelope and its contents to the Town Hall or any place
where voting is being conducted, so that in either case it is
received no later than the close of voting on general voting day.
7.5
Procedure for Received Ballot Packages
a)
Upon the receipt of a mail ballot package, the Chief Election Officer or
other presiding election official shall, in the presence of at least one other
person, record the date of such receipt, open the outer envelope and
examine the certification envelope and, if applicable, the completed
elector registration application.
b)
If a certification envelope is complete and, where required, a registration
application is complete in accordance with the requirements of the Local
Government Act, the Chief Election Officer or other presiding election
official, shall mark the certification envelope as "accepted" and shall open
the certification envelope and place the secrecy envelope in a sealed
ballot box.
c)
If a certification envelope is not complete or, where required, a
registration application is not complete in accordance with the
requirements of the Local Government Act, the Chief Election Officer or
other presiding election official shall mark the certification envelope as
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 7
"rejected" and shall note the reasons therefor, and any ballot contained
therein shall not be counted in the election.
d)
Any certification envelopes rejected in accordance with subsection 7.5(c)
shall remain unopened and shall be subject to the provisions of section
160(8) of the Local Government Act with regard to their destruction.
e)
In order to be counted for an election, a mail ballot must be received in
accordance with subsection 7.4(iv) before the close of voting on general
voting day and it is the obligation of the person wishing to vote by mail
ballot to ensure that the mail ballot is received by the Chief Election
Officer within this time limit.
f)
As soon as possible following the close of voting on general voting day,
the Chief Election Officer or other presiding election official shall, in the
presence of at least one other person and any scrutineers present:
(i)
open the sealed secrecy envelope ballot box; and
(ii)
for each secrecy envelope:
a.
remove the secrecy envelope;
b.
remove the ballot within; and
c.
insert the ballot into the vote tabulating unit.
7.6
Elector's Name Already Used
Where, upon receiving a request for a mail ballot, the Chief Election Officer
determines that another person has voted or has already been issued a mail
ballot in the elector's name, the provisions of section 127 of the Local
Government Act shall apply, so far as applicable.
7.7
Replacement of Spoiled Ballot
a)
Where an elector unintentionally spoils a mail ballot before returning it to
the Chief Election Officer, the elector may request a replacement ballot
by advising the Chief Election Officer of the ballot spoilage and by mailing
or delivering the spoiled ballot package in its entirety to the Chief Election
Officer.
b)
The Chief Election Officer shall, upon receipt of the spoiled ballot
package, record such fact, and proceed in accordance with subsection
7.3 (e)(i).
8.
Procedures After Close of Voting on General Voting Day
8.1
After the close of voting on general voting day, each presiding election official at
a voting opportunity, other than advance and special voting opportunities, where
a vote-tabulating unit was used in an election must:
a)
ensure that any remaining ballots in the portable ballot box are inserted
into the vote-tabulating unit;
b)
secure the vote-tabulating unit so that no more ballots can be inserted;
c)
generate three copies of the register tape from the vote-tabulating unit;
and
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 8
d)
deliver one copy of the register tape together with the vote-tabulating unit
to the Chief Election Officer.
8.2
After the close of voting on general voting day, each presiding election official at
a voting opportunity, other than advance and special voting opportunities, where
a vote-tabulating unit was used in an election must:
a)
account for the unused, spoiled and voted ballots and place them,
packaged and sealed separately, into the election materials transfer box
along with one copy of the register tape;
b)
complete the ballot account and place the duplicate copy in the election
materials transfer box;
c)
seal the election materials transfer box;
d)
place the voting books, the original copy of the ballot account, one copy
of the register tape, completed registration cards, keys and all completed
administrative forms into the Chief Election Officer's portfolio; and
e)
transport all equipment and materials to election headquarters.
8.3
At the close of voting on general voting day the Chief Election Officer must direct
the presiding election official for the advance voting opportunity and any special
voting opportunities where vote-tabulating units were used, to proceed in
accordance with subsections 7.1 and 7.2.
8.4
At the close of voting on general voting day the following procedures must be
followed:
a)
under the direction of the Chief Election Officer all portable ballot boxes
used in the election must be opened;
b)
all ballots in portable ballot boxes must be removed and for counting be
inserted into a vote-tabulating unit;
c)
after the procedures set out in paragraphs (a) and (b), the procedures set
out in Subsections 7.1 and 7.2 must be followed to the extent that they
are applicable.
9.
Recount Procedure
If a recount is required it must conducted under the direction of the Chief Election
Officer using the automated vote counting system and generally in accordance with the
following procedures:
a)
the memory cards of all vote-tabulating units must be cleared;
b)
vote-tabulating units must be designated for each voting place;
c)
all ballots must be removed from the sealed ballot boxes; and
d)
all ballots, except spoiled ballots, must be reinserted in the appropriate vote-
tabulating units under the supervision of the Chief election Officer.
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 9
10.
Resolution of Tie Votes after Judicial Recount
In the event that the results of an election cannot be declared because there is an
equality of valid votes for two or more candidates after the completion of a judicial
recount, the tie vote will be resolved by conducting a lot in accordance with section 151
of the Local Government Act.
11.
Use of Provincial List of Voters as the Register of Resident Electors
As authorized under section 76 of the Local Government Act, the most current available
Provincial list of voters, prepared under the Election Act, becomes the register of
resident electors for the Town on the 52nd day before general voting day for each
election or assent voting of the Town.
12.
Electronic Access to Nomination Documents and Disclosure Statements
12.1
In accordance with section 89(8) of the Local Government Act, the Council
provides for public access to nomination documents via the Sidney website from
the time of filing until 30 days after the declaration of the election results.
12.2
In accordance with section 89(8) and 93(6) of the Local Government Act, the
Council provides for public access to the endorsement documents via the Sidney
website from the time of filing until seven years after general voting day for the
election to which they relate.
13.
Repeal
"Town of Sidney Election Procedures Bylaw No.1524" and all of its amendments are
hereby repealed.
14.
Citation
This Bylaw may be cited as "Town of Sidney Automated Vote Counting System
Authorization & Election Procedure Bylaw No. 1715, 2002".
Introduced and read a first time the
25th
day of
February, 2002.
Read a second time the
25th
day of
February, 2002.
Read a third time the
25th
day of
February, 2002.
Reconsidered, and finally adopted the
11th
day of
March, 2002.
MAYOR
CORPORATE ADMINISTRATOR
Bylaw No. 1994, Amendment No. 1
Bylaw No. 2061, Amendment No. 2
Bylaw No. 2159, Amendment No. 3
Bylaw No. 2234, Amendment No. 4
Bylaw 1715 - Automated Vote Counting System Authorization & Election Procedure Page 10
SCHEDULE 'A'