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Bylaw 2000-112 - Page 1
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 2000-112
A BYLAW TO AUTHORIZE THE USE OF
AUTOMATED VOTING MACHINES
WHEREAS under the Local Government Act, Council may, by bylaw, provide for the use
of automated voting machines, voting recorders or other devices for voting in an
election;
AND WHEREAS the Council of the District of Summerland wishes to establish various
procedures and requirements under that authority;
NOW THEREFORE, the Council of the District of Summerland, in open meeting
assembled, enacts as follows:
1.
CITATION
1.1
This Bylaw may be cited as "Automated Voting Machines Authorization Bylaw
No. 2000-112."
2.
DEFINITIONS
2.1
In this Bylaw all definitions shall have the meaning accordance with the Local
Government Act, except for the following:
Acceptable mark means a completed oval which the vote tabulating unit is
able to identify, which has been made by an elector in the space provided on the
ballot opposite the name of any candidate or opposite either 'yes' or 'no' on any
other voting question.
Automated vote counting system means a system that counts and records
votes and processes and stores election results which comprises:
(a)
a number of ballot scan 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 where a vote tabulating unit is not functioning or being
used which will therefore be counted 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:
(4)
the names of all of the candidates for each of the offices of Mayor,
Councillor and School Trustee and
( 4)
all of the choices on all of the bylaws or other matters on which
the opinion or assent of the electors is sought.
Bylaw 2000-112 - Page 2
Ballot return override procedure means the use, by an election official, of a
device on a vote tabulating unit, which causes the unit to accept a returned
ballot.
Election headquarters means the Municipal Hall, 13211 Henry Avenue,
Summerland.
Memory card means the storage device which stores all the permanent results
for the vote-tabulating unit.
Portable ballot box means a ballot box which is used as a voting place where a
vote-tabulating unit is not being used or is 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 office of Mayor, Councillor and School Trustee,
and the number of votes for and against each bylaw or other matter on which the
assent of the electors is sought.
Returned ballot means a voted ballot which was inserted into the vote
tabulating unit by the elector but which was not accepted and which was
returned to the elector with an explanation of the ballot marking error which
caused the ballot not to be accepted.
Secrecy sleeve means an open-ended folder or envelope used to cover ballots
to conceal the choices made by each elector.
Vote tabulating unit means the device into which voted ballots are inserted and
which scans each ballot and records the number of votes for each candidate and
for and against each other voting question.
3.
USE OF VOTING MACHINES
3.1
Council hereby authorizes the conducting of general local elections and other
voting in the District of Summerland using an automated vote counting
system.
4.
AUTOMATED VOTING PROCEDURES
4.1
The presiding election official for each voting place and at each advance or
special voting opportunity shall, as soon as the elector enters the voting place
and before a ballot is issued, direct an election official to provide a
demonstration to an elector of how to vote using an automated vote counting
system.
4.2
Upon completion of the voting demonstration, if any, the elector shall proceed as
instructed, to the election official responsible for issuing ballots, who:
(a)
shall ensure that the elector:
(i)
is qualified to vote in the election; and
(ii)
complete the voting book as required by the Local Government
Bylaw 2000-112 - Page 3
Act; and
(b)
upon fulfillment of the requirements of subsection (a), shall provide a
ballot to the elector, a secrecy sleeve if requested by the elector, and
any further instructions the elector requests.
4.3
Upon receiving a ballot, and secrecy sleeve if so requested, the elector shall
immediately proceed to a voting compartment to vote.
4.4
The elector may vote only by making an acceptable mark on the ballot:
(a)
beside the name of each candidate of choice up to the maximum number
of candidates to be elected for each of the offices of Mayor, Councillor,
and School Trustee; and
(b)
beside either 'yes' or 'no' in the case of each bylaw or other matter on
which the assent or opinion of the electors is sought.
4.5
Once the elector has finished marking the ballot, the elector must place the
ballot into the secrecy sleeve, if applicable, proceed to the vote tabulating unit
and under the supervision of the election official in attendance, insert the ballot
directly from the secrecy sleeve, if applicable, into the vote tabulating unit
without the acceptable marks on the ballot being exposed.
4.6
If, before inserting the ballot into the vote tabulating unit, an elector determines
that he has made a mistake when marking a ballot or if the ballot is returned by
the vote tabulating unit, the elector may request a replacement ballot by
advising the presiding election official in attendance.
4.7
Upon being advised of the replacement ballot request, the presiding election
official shall issue a replacement ballot to the elector and mark the returned
ballot "spoiled" and shall retain all such spoiled ballots separately from all other
ballots and they shall not be counted in the election.
4.8
If the elector declines the opportunity to obtain a replacement ballot and has not
damaged the ballot to the extent that it cannot be reinserted into the vote
tabulating unit, the election official shall, using the ballot return override
procedure, reinsert the returned ballot into the vote tabulating unit to count
any acceptable marks which have been made correctly.
4.9
Any ballot counted by the vote-tabulating unit is valid and any acceptable
marks contained on such ballots will be counted in the election subject to any
determination made under a judicial recount.
4.10
Once the ballot has been inserted into the vote-tabulating unit and the unit
indicates that the ballot has been accepted, the elector must immediately leave
the voting place.
4.11
During any period that a vote tabulating unit is not functioning, the election
official supervising the unit shall insert all ballots delivered by the electors during
this time, into a portable ballot box, provided that if the vote tabulating unit
becomes operational, or is replaced with another vote tabulating unit, the
ballots in the portable ballot box shall, as soon as reasonably possible, be
removed by an election official and under the supervision of the presiding
Bylaw 2000-112 - Page 4
election official be inserted into the vote tabulating unit to be counted.
4.12
Any ballots which were temporarily stored in a portable ballot box which are
returned by the vote tabulating unit when being counted shall, through the use
of the ballot return override procedure and under the supervision of the
presiding election official, be reinserted into the vote tabulating unit to ensure
that any acceptable marks are counted.
4.13
A sample ballot that may be used in an automated vote counting system is
attached as Schedule "A" to this Bylaw.
5.
ADVANCE VOTING OPPORTUNITY PROCEDURES
5.1
Vote tabulating units shall be used to conduct the vote at all advance voting
opportunities and voting procedures at the advance voting opportunities shall
follow as closely as possible those described in Section 4 of this Bylaw.
5.2
At the close of voting at each advance voting opportunity the presiding election
official in each case shall 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.
5.3
At the close of voting at the final advance voting opportunity the presiding
election official shall:
(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 at election
headquarters
6.
SPECIAL VOTING OPPORTUNITY PROCEDURES
6.1
Unless the chief election officer determines it is practical to use a vote-tabulating
unit, a portable ballot box as defined herein, shall be used for all special voting
opportunities. The presiding election official appointed to attend at each special
voting opportunity shall proceed in accordance with Sections 4.2, 4.3, 4.4 and 4.5
of this Bylaw so far as applicable, except that the voted ballots shall be
deposited into the portable ballot box supplied by the presiding election official.
.6.2
The presiding election official at a special voting opportunity shall ensure that the
portable ballot box is secured when not in use and at the close of voting at the
final special voting opportunity, the presiding election official shall seal the
portable ballot box and return it together with all other election materials to the
custody of the chief election officer.
6.2
If a vote tabulating unit is in use at a special voting opportunity, the presiding
election official appointed to attend the special voting opportunity shall follow the
Bylaw 2000-112 - Page 5
procedures outlined in Section 5 of this Bylaw as if it were an advance voting
opportunity.
7.
PROCEDURES AFTER CLOSE OF VOTING ON GENERAL VOTING DAY
7.1
After the close of voting on general voting day at voting opportunities where a
vote tabulating unit was used in the election, but excluding advance and
special voting opportunities, each presiding election official shall:
(i)
ensure that any remaining ballots in the portable ballot box are inserted
into the vote tabulating unit;
(ii)
secure the vote tabulating unit so that no more ballots can be inserted;
(iii)
generate three copies of the register tape from the vote tabulating unit;
(iv)
account for the unused, spoiled and voted ballots and place them, pack-
aged and sealed separately, into the election materials boxes along with
one copy of the register tape;
(v)
complete the ballot account and place the duplicate copy in one of the
election materials transfer boxes;
(vi)
seal the election materials transfer boxes;
(vii)
place the voting books, the original copy of the ballot account, one copy
of the register tape, completed registration cards (if applicable), keys and
all completed administrative forms into the chief election officer's portfolio;
and transport all equipment and materials to the Municipal Hall.
7.2
At the close of voting on general voting day the chief election officer shall 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 Section 7.1 of this Bylaw.
7.3
At the close of voting on general voting day all portable ballot boxes used in the
election will be opened under the direction of the chief election officer and all
ballots shall be removed and inserted into a vote tabulating unit to be counted,
after which the provisions of Sections 7.1, so far as applicable, shall apply.
8.
RECOUNT PROCEDURE
8.1
If a recount is required it shall be conducted under the direction of the chief
election officer using the automated vote counting system and generally in
accordance with the following procedure:
(a)
the memory cards of all vote tabulating units will be cleared;
(b)
vote tabulating units will be designated for each voting place, if
applicable,
(c)
all voted ballots will be removed from the sealed ballot boxes; and
(d)
all ballots, except spoiled ballots, will be reinserted in the appropriate
vote tabulating units under the supervision of the chief election officer.
9.
GENERAL
9.1
Any enactment referred to herein is a reference to an enactment of British
Columbia and regulations thereto, as amended, revised, consolidated or
replaced from time to time.
Bylaw 2000-112 - Page 6
9.2
If any part, section, sentence, clause, phrase or word of this Bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction,
the invalid portion shall be severed and the decision that it is invalid shall not
affect the validity of the remainder which shall continue in full force and effect and
be construed as if the Bylaw had been adopted without the invalid portion.
9.3
"Automated Voting Machines General Local Elections Authorization and
Procedure Bylaw 94-064" is hereby repealed.
Read a first, second and third time this 2?1h day of May, 2002.
Adopted by the Municipal Council of the District of Summerland this 10th day of June,
2002.
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THE DISTRICT OF ~UMMERLAND
DATE
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- Three year term
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VOTE LIKE THIS->-
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- Do Not Vote for more than ONE (1)
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ADAMSON, John
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ATCHESON, Laura
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ANDOVER, Lewis
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ATKINS, Leah
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BOSNIAK, Aliston
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ARTHURS,Blll
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BELANGER, Mike
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CAMERON, Deborah
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BAKER, Sam
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CORRIGAN, Harold
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COLCHESTER, Christopher
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BUTLER, Jim
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DONOVAN, Arthur
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DAVIDSON, Don
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CARLSON, Julie
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FOSTER, Brew
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FRIESEN, Ken
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DONALDSON, Connie
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HUDSON, Henry
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FRASER, Tim
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HUGHES, Howard
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GALLOWAY, Mary
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LINES Stella
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HARRIS, Robert
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MacLEAN, David
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DUTKA, Marcel
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JOYCE, Ron
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KETCHINSON, Donald
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LINDSTROM, Jacki~
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DO YOU BELIEVE THAT OGOPOGO REALLY EXISTS?
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~ORRISS, Sarah
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KELLEY,Red
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YES
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NORTON, Garth
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NO
o · OLSON, Ollie
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PARKINSON, Dean
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PLUMMER, Chr.istopher
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RICHTER, Lori
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SWANSON, Gordon
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DEMONSTRATION BALLOT
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TUPPERWARE, Delores
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UNGER, Joseph
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VOISIN, Roch
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WATER, Lily
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YORKSHIRE, Brent
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ZAMBONI, Wayne
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RECTO #10003 P11/16/96