Oshawa Votes 2014 - Procedures for Voting and the …...authorized to establish procedures and forms for the use of voting and vote counting equipment. For the 2014 Municipal Election,

Procedures for Voting and the Use of Vote Counting Equipment

Created: May 28, 2010 Revised: October 2, 2014

Contents

1. Introduction .............................................................................................................. 3

2. Definitions ................................................................................................................ 3

3. General Elections ..................................................................................................... 7

4. Voting Subdivisions .................................................................................................. 7

5. Voting Places ........................................................................................................... 7

6. Ballots ...................................................................................................................... 8

7. Vote Tabulators ........................................................................................................ 8

8. Logic and Accuracy Testing ..................................................................................... 8

9. Procedures at the Voting Place ................................................................................ 8

Prior to Opening the Voting Place – Regular Voting Places ................................. 8

Voting Procedures .............................................................................................. 10

Greeter ............................................................................................................... 10

Revision Clerk .................................................................................................... 10

Deputy Returning Officer .................................................................................... 11

Declined Vote ................................................................................................ 12

Over-Voted Ballots ........................................................................................ 12

Misread Ballot ............................................................................................... 12

Voting Proxy .................................................................................................. 13

Where Voting is Objected.............................................................................. 13

Where it Appears Another Person has Voted ................................................ 13

Technical Deputy Returning Officer .................................................................... 13

Jammed Ballots ............................................................................................. 14

Loss of Power ............................................................................................... 15

Breaking Ballot Box Seals ............................................................................. 16

Vote Tabulator Becomes Inoperable ............................................................. 16

Blank Ballot ................................................................................................... 16

Ambiguous Mark ........................................................................................... 17

Over-Voted Ballot .......................................................................................... 17

Misread Ballot ............................................................................................... 18

Close of Voting Procedures ................................................................................ 18

Procedures for Voting and the Page 1 of 30 Use of Vote Counting Equipment

Closing the Vote Tabulator ............................................................................ 18

DRO Ballot Account Forms ........................................................................... 19

Collection of Application to Amend the Voters’ List Forms ............................ 19

Completion of the Voting Place Supervisor Statement .................................. 19

Items to be Placed in Auxiliary Compartment................................................ 20

Election Supplies ........................................................................................... 21

10. Advance Voting ...................................................................................................... 21

11. Accessible Voting ................................................................................................... 22

Accessible Voting Technologies – Advance Voting ............................................ 22

Accessible Voting Technologies – Voting Day ................................................... 24

12. Candidates and Scrutineers ................................................................................... 24

13. Emergency Situations ............................................................................................ 26

14. Posting Results ...................................................................................................... 26

15. Recounts ................................................................................................................ 26

Tie Vote (Section 56 Recount)............................................................................ 26

Request from Municipality, Local Board or Minister (Section 57 Recount) ......... 27

By Order of the Superior Court of Justice (Section 58 Recount) ........................ 27

16. Retention of Records ............................................................................................. 28

17. Statement of Certification ....................................................................................... 29


1. Introduction

The City Clerk is responsible for the conduct of municipal and school board elections in the City of Oshawa. The Clerk is required to ensure that the elections are conducted in accordance with the principles of the Municipal Elections Act, 1996. The principles are:

• Accessibility – the election should be accessible to the voters

• Integrity – the integrity of the process should be maintained through the election

• Non-Biased – the election should be fair and non-biased

• Certainty – there is to be certainty that the results of the election reflect the votes cast

• Consistency – voters and candidates should be treated fairly and consistently within a municipality

• Validity – a proper majority vote decides the election by ensuring, so far as reasonably possible, that valid votes be counted and invalid votes be rejected

• Confidentiality – the secrecy and confidentiality of the individual’s vote is paramount

In accordance with Section 42(3) of the Municipal Elections Act, 1996, the City Clerk is authorized to establish procedures and forms for the use of voting and vote counting equipment.

For the 2014 Municipal Election, the City of Oshawa has contracted Dominion Voting Systems for the provision of optical scan Vote Tabulators. This technology has a proven record of reliability and has been used in municipal jurisdictions across Ontario and Canada.

In conjunction with the optical scan Vote Tabulators, the City Clerk shall develop procedures to test and verify the accuracy of the tabulation reported by the vote counting equipment before such equipment is used during an Advanced Voting Day, or on Voting Day. The testing procedures are contained in the Vote Tabulator Logic and Accuracy Testing Procedure approved on September 26, 2014 and available online at www.oshawa.ca/elections.

2. Definitions

In this procedure,

“Act” means the Municipal Elections Act, 1996, as amended.

“Advance Voting” means certain dates and times prior to Voting Day where an Advance Voting Place is open to the public for voting.


http://www.oshawa.ca/elections

“Advance Voting Place” means a Voting Place that is open to the public for voting prior to Voting Day.

“Ballot” means a piece of paper containing the names of the Candidates and the office they are running for, as well as any questions submitted to electors as authorized by the Act.

“Ballot Box” means a box (cardboard or otherwise) provided to an Election Official for the purpose of securely storing Ballots and other election documents.

“Ballot Marking Device” means a device that produces a human and machine-readable marked paper Ballot from a blank sheet of paper, completely indistinguishable from a paper Ballot marked by hand.

“Ballot Marking Pen” means the pen provided to the Voter by the DRO for the purposes of marking a Ballot within the Defined Areas on the Ballot.

“Candidate” means a person who has filed a Nomination Paper that has been certified by the City Clerk.

“City Clerk” means the individual appointed by City Council as City Clerk, and the individual responsible for conducting elections in the City of Oshawa pursuant to Section 11(1) of the Act.

“Defined Area” means the area within a circle, oval or other enclosed geometric shape that is filled in by the Voter in order to cast a vote.

“Designate” means an individual delegated all, or a portion of the responsibilities of the City Clerk pursuant to Section 15 of the Act.

“DRO” means Deputy Returning Officer and is a person delegated certain election duties/responsibilities by the City Clerk.

“DRO Ballot Statement” means a statement completed by each Deputy Returning Officer at the close of the Voting Place on which all Ballots either used, unused, declined, cancelled, misread or taken from the Voting Place are recorded and reconciled to the total number of Ballots provided to the Deputy Returning Officer by the City Clerk.

“Election Captain” means a staff member of the City of Oshawa who has been delegated responsibility to manage multiple Voting Places in a Voting Subdivision, or at an Advance Voting Place.

“Election Official” means a person who has been delegated or assigned election duties/responsibilities by the City Clerk. An Election Official may include an Election Captain, Voting Place Supervisor (VPS), Technical Deputy Returning Officer (TDRO),


Deputy Returning Officer (DRO), Revision Clerk, or any other person delegated, in writing, certain election responsibilities.

“Election Results Centre” means the area established at City Hall to receive Vote Tabulators and where the Flash Memory Cards are removed and the election results downloaded and verified.

“Election Results Report” means the report generated by a Vote Tabulator showing the total number of Ballots processed and the cumulative total of votes cast for each Candidate or ballot question present on the Ballot.

“Election Supplies Return Centre” means the Auditorium of the Oshawa Public Library – McLaughlin Branch.

“Election Reporting System” means the hardware and software used to capture voting results recorded on the Flash Memory Card within a Vote Tabulator and then totalled with results from other Voting Places and displayed to the public.

“Election Results Envelope” means an envelope into which the original signed copies of the Voting Place Supervisor Statement, DRO Ballot Statements and Report Tapes generated by the Vote Tabulator are placed.

“Elector” means a person who meets the qualifications to vote as determined under the Act and appears on the City of Oshawa Voters’ List, or is added to the List during the Revision Period, at an Advance Voting Place, or Voting Place.

“Flash Memory Card” means a removable digital storage device sealed in a Vote Tabulator where all tabulated results are stored. The Flash Memory Card is supplied by the manufacturer/supplier of the Vote Tabulator.

“Misread” means a Ballot that cannot be read by a Vote Tabulator because of a defect with the Ballot, or inadvertent or intentional marks made by a Voter on the timing marks contained on the Ballot.

“Nomination Day” means September 12, 2014.

“Over-vote” means a Ballot or a race on a Ballot which contains more votes than the maximum number of votes permitted.

"Scrutineer" means a person appointed, in writing, by a Candidate to observe the voting process at one or more Voting Places.

"Secrecy Folder" means a cardboard or paper folder into which a Ballot can be placed to conceal the Voter’s selections as marked on the face of the Ballot.

“Special Voting Place” means a Voting Place on the premises of a retirement home, which on Nomination Day has beds that are occupied by 50 or more persons, or a


Voting Place on the premises of institutions, which on Nomination Day have beds that are occupied by 20 or more persons who are disabled, chronically ill or infirm.

“Status Report” means a report generated by a Vote Tabulator showing the total number of Ballots processed by the Vote Tabulator, but information respecting the number of votes cast for any Candidate or ballot question answer.

“Technical Deputy Returning Officer” (TDRO) means a person delegated primary responsibility by the City Clerk for the operation of the Vote Tabulator at the Voting Place.

“Voter Notification Card” (VNC) is an informational card delivered to each address containing electors whose names appear on the Voters’ List advising them of the Voting Place established for their place of residence on Voting Day.

"Vote Tabulator" (Tabulator) means a device that optically scans Ballots to read and record votes and tabulate the results.

“Vote Tabulator Identification” means a unique combination of Voting Place name and number.

“Vote Tabulator Station” means the location where vote tabulating equipment accepts Ballots, records votes and tabulates the results.

“Voter” means an Elector who accepts a Ballot at a Voting Place.

“Voter Identification” means a document containing an individual’s name and qualifying address as listed on Schedule 1 of Ontario Regulation 304/13.

“Voters’ List” means a document prepared by the City Clerk, which lists the names and voting entitlement of eligible electors as provided by the Municipal Property Assessment Corporation (MPAC) in accordance with the Act.

“Voting Area” means the area of the Voting Place where a Voter marks their Ballot in secrecy behind a screened enclosure.

“Voting Day” means October 27, 2014.

“Voting Place” means a physical location (building) and property (where appropriate) designated by the City Clerk through by-law or otherwise where Voters may attend to vote.

“Voting Place Supervisor Statement” means a statement completed by the Voting Place Supervisor after the close of voting on Voting Day on which all Ballots either used, unused, cancelled, declined, misread or taken from the voting place for each DRO are recorded and reconciled to the total number of Ballots provided by the City Clerk.


“Voting Subdivision” means a defined geographical area within the City of Oshawa where a qualified Elector resides or is the owner or tenant of land or the spouse of such owner or tenant of land.

“VPS” means Voting Place Supervisor and is a person delegated duties and responsibilities by the City Clerk with respect to the management of operations at the Voting Place.

3. General Elections

Candidates in the 2014 Municipal Elections in the City of Oshawa will be elected by general vote. Voters residing across the entire City of Oshawa will elect candidates for all offices.

4. Voting Subdivisions

For election purposes, the City of Oshawa is divided into Voting Subdivisions. Prior to September 2014, the City Clerk shall prepare and distribute a Voters’ List setting out each Voting Subdivision and the names of all Electors eligible to vote within the each Voting Subdivision. In conjunction with the Voters’ List, the City Clerk will prepare and make available a map identifying the boundaries of all Voting Subdivisions within the City of Oshawa.

5. Voting Places

Voters residing within a Voting Subdivision shall attend at a Voting Place as designated by the City Clerk to cast their Ballot. Voting Places shall be located within or in close proximity to the Voting Subdivision. Voting Places shall be located in facilities that are accessible to persons with disabilities and well known to Electors residing in the area. On Voting Day, Voting Places will be open for the Electors to vote from 10:00 a.m. until 8:00 p.m.

The City Clerk shall establish Special Voting Places on the premises of retirement homes, which on Nomination Day have beds that are occupied by 50 or more persons. The City Clerk shall also establish Special Voting Places on the premises of institutions, which on Nomination Day have beds that are occupied by 20 or more persons who are disabled, chronically ill or infirm. The City Clerk may reduce hours of voting for Special Voting Places on Voting Day.

Advance Voting Places shall be established where Electors can cast their Ballot prior to Voting Day. Public notice will be provided concerning the location, dates and voting hours for each Advance Voting Place.

After September 1, 2014, the City Clerk shall prepare and make available a map identifying the boundaries of all Voting Subdivisions and the Voting Places where Electors within each Voting Subdivision are to vote.


6. Ballots

The Ballots to be used in conjunction with the Vote Tabulators for the 2014 Municipal Election will be printed on 8.5” x 11” paper. The Ballot size may be increased to 8.5” x 14” or larger where there are a large number of Candidates. The City Clerk at his or her sole discretion may determine that an individual Ballot be used for one or a combination of offices. The City Clerk has sole discretion to select the paper and colouring of the Ballots. Ballots will contain the names of all certified Candidates except where a Candidate has been elected by acclamation. The Candidates’ names for each office shall appear on the Ballot in alphabetical order based on their surnames and, in the case of identical surnames, by their forenames. There will be a Defined Area (oval, circle or similar shape) to the right of each Candidate’s name suitable for the Voter to mark the Candidate of their choice.

If a Candidate wishes and the City Clerk agrees, another name that the Candidate also uses may appear on the Ballot instead of, or in addition to, his or her legal name. No reference to a Candidate’s occupation, degree, title, honour or decoration will appear on the Ballot. If the surnames of two or more Candidates for an office are identical or in the City Clerk’s opinion so similar as to cause possible confusion, every Candidate’s qualifying address will appear under his or her name.

7. Vote Tabulators

Each Voting Place other than Special Voting Places shall have at least one optical scan Vote Tabulator for the purpose of scanning Ballots and tabulating votes. Vote scanning and tabulating equipment will not be used at Special Voting Places due to the small number of Electors. All Ballots cast at a Special Voting Place will be sealed in the Ballot Box and transported by the respective Election Officials to the Voting Place in the Voting Subdivision where the Special Voting Place is located and tabulated using the Vote Tabulator at that Voting Place.

8. Logic and Accuracy Testing

Prior to use in any Voting activities, each Vote Tabulator shall be tested to ensure they accurately scan and count ballots as intended by the Voter. The certification process shall be completed as outlined in the Vote Tabulator Logic and Accuracy Testing Procedure dated September 26, 2014 and available online at www.oshawa.ca/elections.

9. Procedures at the Voting Place

Prior to Opening the Voting Place – Regular Voting Places

Every Voting Place will have a VPS who will supervise and direct activities within the Voting Place and a TDRO who will be responsible for the proper functioning and use of the Vote Tabulator. Prior to opening the Voting Place, the VPS and TDRO shall:

1) Ask all Election Officials and any Candidates or Scrutineers present to


congregate at the Vote Tabulator Station; 2) Confirm both Ballot Box compartments are empty; 3) Seal the Ballot Box using the seals provided in the TDRO supplies kit. Place the

seals entitled ‘Ballot Box Seal - During Voting Hours’ on the ballot box, fill in the Voting Subdivision information and sign, along with the VPS, above the line that states ‘Technical Deputy Returning Officer Signature’. The seals are to be placed in such a manner so that the Ballot Box cannot be opened without breaking the seal;

4) A candidate or his/her scrutineer has the right to place his/her own seal on the Ballot Box immediately before the opening of the Voting Place so that Ballots can be deposited into the Ballot Box but cannot be withdrawn without breaking the seal. The seal must not contain any writing or mark that could be considered election campaigning and the name of the candidate is not permitted on the seal. After the close of each Advance Voting Place and on Voting Day a Candidate or his/her Scrutineer is also permitted to place his/her seal so that Ballots cannot be deposited or withdrawn without breaking the seal;

5) Verify the integrity of the seals used to secure the Flash Memory Cards; 6) Plug the power adapter into the extension cord. Plug the extension cord into the

wall which will turn on the Vote Tabulator. 7) Place the Vote Tabulator onto the Ballot Box and affix and sign the “During

Voting Hours” seals on both sides of the Vote Tabulator in order to prevent any Ballots from being inserted into the Ballot Box without first being processed through the Vote Tabulator;

8) Once the election files have been loaded, the Vote Tabulator will emit an audible beep and display ‘Please insert Security Key to authenticate election files’;

9) Enter the device password using the keypad on the operator screen; 10) Press ‘Enter’ when complete, or ‘Cancel/Clear’ to correct an error’; 11) Confirm the accuracy of the date and time and adjust if required; 12) Generate a Zero Totals Report:

i. From the Administrative Menu press the ‘Utilities’ button, then press the ‘Reports’ button.

ii. Select ‘Election Report’. Press the ‘Zero’ button to print the Zero Totals Report. Choose the number of copies required using the keypad (2 copies, plus any additional copies requested by a candidate or scrutineer who is present). Press the ‘Enter’ button to print the reports;

13) Remove the first Zero Totals Report and give it to the VPS, who will verify that the heading at the top of the Zero Totals Report indicates the correct Voting Place, lists all Candidates/offices and any questions on the Ballot in the exact


order as they appear on the Ballot, and all totals are ‘0’; 14) Along with the VPS, check the Ballots Cast counter on the operator screen of

the Vote Tabulator to ensure it displays zero; 15) Along with the VPS, sign the Zero Totals Report. Any Candidates or Scrutineers

present may also sign the Zero Totals Report. Once signed, the VPS will affix one copy in a location that is visible to Candidates, Scrutineers and Electors throughout the day;

16) The second Zero Totals Report (or the last Zero Totals Report printed if additional copies are requested by a Candidate/Scrutineer) must remain attached to the Vote Tabulator until after the close of voting. The Zero Totals Report may be rolled and paper clipped to avoid it being ripped or damaged.

17) To open the poll, press the ‘Open Poll’ button displayed on the Administrative Menu.

18) The Vote Tabulator will prompt the TDRO to print additional reports. They will press the ‘Cancel’ button on the operator screen to open the poll.

19) The Vote Tabulator will display ‘System Ready’ on the operator screen, indicating that the Vote Tabulator is ready to accept Ballots.

Voting Procedures

Greeter

The Greeter will welcome each voter to the Voting Place.

If the Elector possesses a VNC, the Greeter will direct them to the Ballot issuing area where the DRO’s are waiting to serve them.

If the Elector does not possess a VNC and is not sure if they are on the Voters’ List, the Greeter will direct the Elector to the Revision Clerk who will verify whether they are on the Voters’ List.

If the Elector shows the Greeter the white copy of a completed Application to Amend the Voters’ List Form, the Greeter will direct the Elector to the appropriate DRO.

Revision Clerk

If the Elector does not appear on the Voters’ List, or their information is listed incorrectly, they will be required to complete an Application to Amend the Voters’ List Form to add their name, or correct their information on the Voters’ List.

The Revision Clerk will request Voter Identification showing the Elector’s name and qualifying address to verify the identity of the applicant. If the Elector cannot produce acceptable Voter Identification, the Revision Clerk will advise the Elector that they will be required to complete a Declaration of Identity Form with the DRO prior to receiving a Ballot.


The Revision Clerk will verify with the Elector whether they need to be added to the Voters’ List, or simply correct the information contained on the Voters’ List and check the appropriate box on the application form.

The Revision Clerk will ensure the application contains the applicant’s date of birth, which will allow City Clerk Services to distinguish between two Electors with an identical name.

The Revision Clerk will record the Elector’s current address in Oshawa for which they are qualified to vote.

The Revision Clerk will confirm with the Elector whether they are the owner/tenant/resident, or spouse of the owner/tenant at the qualifying address.

If the Elector previously resided at another qualifying address within the City of Oshawa, the Revision Clerk will record the previous qualifying address in the event they are still on the Voters’ List at their old address.

The Revision Clerk will ask the Elector questions concerning their school board support to ensure the Elector is issued the correct Ballot.

The Revision Clerk will ask the Elector to read the declaration on the Application to Amend the Voters’ List form out loud or silently. Upon completion the Revision Clerk will ask the Elector “Do you declare this to be true?” If the Elector says yes, the Revision Clerk will ask the Elector to sign and date the form. If the Elector replies no, the Revision Clerk will check the ‘Declined’ box, indicate in the reason box that the Elector refused to affirm the declaration and ask the individual to leave the Voting Place.

If the Revision Clerk is satisfied that the Elector is entitled to have their name added to the Voters’ List, or their information corrected, the Revision Clerk will check the ‘Approved’ box, sign and date the form and provide the Elector with the white copy of the application form. The Elector will be directed by the Revision Clerk to proceed to the Deputy Returning Officer who is responsible for issuing Ballots. The yellow copy of the form will be retained and placed in the Application to Amend the Voters’ List Forms envelope.

If the Revision Clerk is not satisfied that the Elector is entitled to have their name added to the List, because they do not meet legislated requirements, or their information corrected, the Revision Clerk will check the ‘Refused’ box, outline the reason for the refusal on the form, sign and date the form and provide the white copy of the Form to the Elector.

Deputy Returning Officer

Each DRO will be assigned responsibility for issuing Ballots to a range of Electors. When an Elector attends at the appropriate DRO station, the DRO will request each Elector to provide Voter Identification confirming the individual’s identity and qualifying


address within the City of Oshawa. If an Elector is unable to provide a piece of acceptable Voter Identification, the DRO will require the Elector to complete a Declaration of Identity Form prior to a Ballot being issued.

The DRO will then confirm that the Elector’s name is shown on the Voters’ List.

Once the Elector’s name has been located on the Voters’ List, the DRO will review the School Support column to determine the type of ballot to be issued. The DRO will issue the appropriate ballot to the Voter. If a Voter has indicated that they have voted for a French School Board Trustee within the same school board area in another municipality, the DRO shall issue a No School Support ballot.

The DRO will then cross a line through the Elector’s name on the Voters’ List to indicate that a Ballot has been issued.

On the Numerical Record of Voters Who Have Voted Form, the DRO will then place a diagonal mark across the printed figure corresponding to the number of Voter’s to whom the DRO has issued a Ballot.

The DRO will provide the Voter with a Secrecy Folder containing the appropriate Ballot and a Ballot Marking Pen and will advise the Voter that they will need to completely fill in the Defined Area located to the right of the name of the Candidate(s) for which they wish to vote. They will note to the Voter that once they have completed marking the Ballot, they are to deliver it to the TDRO, with the top of the Ballot containing the DRO initials visible, who will process the Ballot through the Vote Tabulator.

Declined Vote If a Voter receives a Ballot and returns the Ballot to the DRO and states that they are declining to vote, the DRO will write ‘Declined’ on the Ballot and will place the Ballot in the ‘Cancelled Ballots’ envelope. The DRO will then write ‘Declined Vote’ opposite the Voters name on the Voters’ List. The Voter is not entitled to receive another Ballot if they return to the Voting Place.

Over-Voted Ballots If a Voter Over-votes for any race, the Vote Tabulator will alert the TDRO of the fact that they have Over-voted for one or more races and clarify with the Voter if that is the Voter’s intent. If it is not, the TDRO will write ‘Cancelled’ on the top of the Ballot and direct the Voter back to the DRO who issued the original Ballot for a replacement. The DRO will place the Ballot in the ‘Cancelled Ballots’ envelope and issue a new Ballot to the Voter.

Misread Ballot If the Ballot is rejected by the Vote Tabulator because it is misread or has been marked in a way that prevents it from being processed, the TDRO will mark the ballot ‘Misread” and will direct the Voter to the DRO who issued the original Ballot for a replacement. The DRO will place the ballot in the ‘Cancelled Ballots’ envelope and issue a new ballot to the Voter.


Voting Proxy If an Elector is unable to vote in person, they may choose to appoint another qualified Elector to vote on their behalf. The appointment must be completed using the prescribed Appointment of Voting Proxy Form.

An Elector who has been appointed as a voting proxy is entitled to:

• Receive a Ballot provided the Elector they are voting on behalf of is on the Voters’ List at that Voting Place; and,

• Receive a Ballot at their own Voting Place to cast their own vote. A voting proxy may only act as a voting proxy for:

• One Elector who is not a relative; or,

• One or more Electors who are relatives. Upon receipt of an Appointment of Voting Proxy Form, the DRO will verify that the form has been certified by the Clerk or Designate and will administer the oath. The DRO will write ‘Proxy Voter Affirmed’ opposite the Voter’s name on the Voters’ List and will follow the normal process for issuing a Ballot. The DRO will retain the Appointment of Voting Proxy Form and will place it in the envelope marked ‘Declaration of Identity/Appointment of Voting Proxy Forms’.

Where Voting is Objected If a Candidate, Scrutineer or Election Official questions or objects to an Elector’s eligibility to vote, or their identity, the DRO will record the name of the individual who is objecting and the nature of the objection on the Voters’ List.

The DRO will require the Voter to take the prescribed Oral Oath of Qualification.

If the Elector refuses to take the oath, the DRO will write the words ‘Refused to Affirm’ on the Voters’ List and will not issue a Ballot. If the Elector takes the oath, the DRO will write the words ‘Affirmed’ on the Voters’ List and will issue the appropriate Ballot.

Where it Appears Another Person has Voted If an Elector applies for a Ballot and the Voters’ List indicates that the Elector has already cast a Ballot, but the Elector states that they have not voted, the DRO will administer the Oral Oath of Qualification and write the word ‘Affirmed’ opposite the Voter’s name on the Voters’ List. The DRO will then issue a Ballot to the Voter. If the Elector refuses to take the oath, the DRO will write ‘Refused to Affirm’ on the Voters’ List and will not issue a Ballot.

Technical Deputy Returning Officer

Once a Voter has finished marking their Ballot, they will deliver the Ballot within the Secrecy Folder, to the TDRO. The TDRO will ask the Voter to remain at the Vote Tabulator Station until the Ballot has been processed. In the presence of the Voter, and


without removing the Ballot from the Secrecy Folder, the TDRO will verify the initials of the DRO on the Ballot and insert the Secrecy Folder into the feed area of the Vote Tabulator until the Vote Tabulator draws the Ballot from the Secrecy Folder.

If the Ballot is processed successfully, they will thank the Voter and ask the Voter to leave the Voting Place. If the Ballot is not processed successfully, the TDRO will explain to the Voter why the Ballot was not accepted, based on the message provided by the Vote Tabulator and offer them the opportunity to receive a new Ballot, if required.

Jammed Ballots If a Ballot gets stuck in the Vote Tabulator, the operator screen will display ‘Paper Jam Detected…’ and will not accept any Ballots for insertion until the jam has been cleared.

Ballots which jam at the front slot facing the TDRO have not been counted and shall not be permitted to fall into the Ballot Box.

Jams occurring in the front slot should not require the breaking of any seals.

Ballots which jam at the exit slot facing the Ballot Box and cannot be accessed from the front of the Vote Tabulator have been scanned, the results saved and the counter increased and should be deposited into the Ballot Box once the jam has been cleared without passing through the Vote Tabulator again.

Jams occurring in the exit slot may require any seals applied to secure the Vote Tabulator to the Ballot Box to be broken.

To clear a paper jam, the TDRO will use the following procedure:

• Position the Secrecy Folder over the Ballot to preserve the secrecy of the Voter’s choices;

• Review the message displayed on the operator screen of the Vote Tabulator to determine where the jam has occurred;

• If the Ballot can be accessed from the front of the Vote Tabulator, carefully pull the Ballot out, press the ‘Cleared’ button to clear the jam message and, if the Ballot is undamaged, attempt to reinsert the Ballot into the Vote Tabulator;

• If the Ballot is damaged, explain to the Voter that the Ballot was damaged and needs to be remarked, write ‘Cancelled’ on the Ballot and direct the Voter to the DRO who will issue a new Ballot;

• If the Vote Tabulator fails to clear the jam after three attempts, advise your VPS of the issue and continue attempting to clear the jam. After five attempts to clear the jam the Vote Tabulator will display the message ‘Paper Jam Still Exists…’ with the ‘Shut Down’ button in the lower right corner;

• Press the ‘Shut Down’ button to turn off the Vote Tabulator;


• Notify the Voting Place Supervisor of the issue with the Vote Tabulator and the need to break the seals to clear the jam.

If the TDRO cannot clear a paper jam, they will not halt the voting process. They will continue feeding any Ballots delivered by Voters into the auxiliary compartment until the jam is resolved.

Loss of Power In the event of a loss of power, the Vote Tabulator features an internal backup battery which allows the Vote Tabulator to continue accepting Ballots for approximately 2 hours. During this time, a battery will be displayed in the top left corner of the operator display and the LED status lights on the front of the Vote Tabulator will be orange.

If the power outage lasts beyond the 2 hour window, the Vote Tabulator will prompt the TDRO to shut down the Vote Tabulator. If this occurs, the TDRO will press the ‘Shutdown’ button to turn off the Vote Tabulator and unplug the power supply from the wall. They will continue processing Ballots into the auxiliary compartment of the Ballot Box.

When power is restored, the TDRO will plug the power supply back into the wall. This will turn the Vote Tabulator on.

The TDRO will proceed as follows to re-open the poll:

• Once the election files have been loaded, the Vote Tabulator will emit an audible beep and display ‘Please insert Security Key to authenticate election files’;

• The TDRO will press the Security Key to the Vote Tabulator and enter the device password and press ‘Enter’ when complete.

• The TDRO will confirm the date and time if prompted;

• Once complete, the Vote Tabulator will display the Administrative Menu;

• The TDRO will press the ‘Open Poll’ button to re-open the poll. The Vote Tabulator will alert the TDRO to the fact that the poll is already open and that the results are not zero. The TDRO will press the ‘Confirm’ button to confirm the re-opening of the poll;

• The Vote Tabulator will generate a Status Report displaying the Voting Place information and the number of total Ballots cast. The TDRO will review the report to ensure the Total Ballots cast line equals the number of Ballots Cast displayed on the operator display. If the numbers match, the TDRO will sign the report along with the VPS;

• Additional copies of the report may not be generated for Candidates or Scrutineers; however they may visually inspect the report and initial it if they choose;

• The TDRO will press the ‘No’ button when prompted to generate additional copies of the report;


• The Vote Tabulator should read ‘System Ready’ on the operator display and is now ready to accept Ballots.

Breaking Ballot Box Seals There are circumstances that may require the seals securing the Vote Tabulator to the Ballot Box to be broken. These circumstances include a Ballot jammed in the exit slot at the rear of the Vote Tabulator, or an error or failure which requires the complete replacement of the Vote Tabulator.

In the event that the seals need to be broken, the TDRO will utilize the following procedure:

• Ensure that the following individuals are present to observe the process: Voting Place Supervisor; All interested Scrutineers or Candidates who are present in the Voting

Place;

• Break each seal securing the Vote Tabulator to the Ballot Box;

• Resolve the error which required the seals to be broken (clearing a jam or replacing the Vote Tabulator if required);

• Place the Vote Tabulator back into position on the Ballot Box;

• Sign and reapply the appropriate number of seals to ensure that no Ballots can be deposited into the Ballot Box without first passing through the Vote Tabulator;

• Once the Vote Tabulator is again operational, feed each Ballot delivered to the TDRO by a Voter into the Vote Tabulator;

• If the issue with the Vote Tabulator is not resolved, the VPS will contact City Clerk Services for additional technical support and the TDRO will continue accepting Ballots using the auxiliary compartment.

Vote Tabulator Becomes Inoperable If the Vote Tabulator becomes inoperable for any reason, the TDRO will advise the VPS immediately and open the auxiliary compartment on the Ballot Box to continue the voting process. All Ballots received by the TDRO will be placed into the auxiliary compartment and will be processed through the Vote Tabulator at the close of voting.

Blank Ballot If the Vote Tabulator detects a blank Ballot, the TDRO will explain to the Voter that no marks were detected on the Ballot, and:

a) Ask the Voter if they would like the Ballot returned and advise the Voter that once the Ballot is accepted by the Vote Tabulator the Voter will not receive a new Ballot;


b) If the Ballot is returned to the Voter, instruct the Voter concerning the Ballot marking process and allow the Voter to return to the Voting Area to mark the Ballot correctly; or,

c) If the Voter indicates that he or she would like to cast a blank Ballot, allow the Vote Tabulator to accept the Ballot.

Ambiguous Mark If the Vote Tabulator detects an ambiguous mark, it will automatically return the Ballot. The TDRO will explain to the Voter that the Ballot was not counted because an ambiguous mark was detected and the Voter’s intent cannot be determined. The TDRO will ask the Voter to review the Ballot to ensure it is clearly marked in the Defined Area provided and allow the Voter to return to the Voting Area to mark the Ballot correctly. The TDRO shall instruct the Voter concerning the Ballot marking process. There are two possible types of ambiguous marks.

a) The Voter has made a mark that is too light or too small which needs to be darkened in order to be clearly counted as a vote; or,

b) The Voter has inadvertently made a small mark in an oval or similar area where they had not intended to, in which case they must return the Ballot to the DRO and obtain a new Ballot in order to ensure all ovals or similar areas are blank except for the ones they have clearly marked as votes. In this case, the Ballot shall be returned to the DRO who shall mark the Ballot “Cancelled,” place the Ballot in the ‘Cancelled Ballots’ envelope, provide another Ballot to the Voter, and provide instructions to the Voter on how to properly mark the Ballot.

Over-Voted Ballot If the Vote Tabulator detects more votes for an office or question than is allowed, the TDRO will explain to the Voter the Ballot has not yet been counted because the Voter has filled in too many choices. It may be that the Voter has inadvertently made a mark where the Vote Tabulator can read it. The TDRO will:

a) Offer the Voter the choice of having the Ballot returned or accepted by the Vote Tabulator (in which case only the correctly marked offices will be tabulated) and explain that once the Ballot is accepted, the Voter cannot receive a new Ballot;

b) If the Voter requests the Ballot be returned, the TDRO shall return the Ballot from the Vote Tabulator into the Secrecy Folder and mark the Ballot ‘Cancelled’. The Voter shall return the Ballot to the DRO who shall place the Ballot in the ‘Cancelled Ballots’ envelope, deliver another Ballot to the Voter, and provide instructions to the Voter on how to properly mark the Ballot; or,

c) If Over-Voting is the Voter’s intention, the TDRO will allow the Vote Tabulator to accept the Ballot. The Vote Tabulator will not record the votes with respect to Candidates and questions for which the Voter has Over-Voted, but will accept votes for Candidates and questions where there is no Over-Vote.


Misread Ballot If the Ballot is rejected by the Vote Tabulator because it is misread or has been marked in a way that prevents it from being processed, the TDRO will mark the Ballot ‘Misread” and will direct the Voter to the DRO who issued the original Ballot for a replacement. The DRO will place the Ballot in the ‘Cancelled Ballots’ envelope and issue a new Ballot to the Voter.

Close of Voting Procedures

At 8:00 p.m. sharp, the VPS will declare the Voting Place closed, shall ensure that only authorized individuals remain in the Voting Place and shall close the doors. All Electors who are inside the Voting Place at 8:00 p.m. are entitled to vote. The VPS will ask that any Ballots that have not been processed through the Vote Tabulator be brought forward as soon as possible.

Once the remaining Voters have cast their Ballots and left the Voting Place, the TDRO will open the auxiliary compartment of the Ballot Box and process any ballots which were deposited in the compartment throughout the day. The VPS will be in attendance at the Vote Tabulator during this process in the event there are any Ballots which are rejected by the Vote Tabulator, due to ambiguous marks or a Misread Ballot. The total number of Ballots processed from the auxiliary compartment which are rejected by the Vote Tabulator will be recorded on Line 13 of the Voting Place Supervisor Statement.

The only people entitled to remain in the Voting Place for the tabulation of election results are Election Officials, representatives of City Clerk Services and any Candidates or Scrutineers who were in the Voting Place prior to the close of the doors at 8:00 p.m. No additional people (Electors, Scrutineers, Candidates or spouses) may enter the Voting Place to witness the count and no Candidate or Scrutineer who leaves the Voting Place after the close of voting shall be permitted to re-enter.

Closing the Vote Tabulator The TDRO will contact the security key to the sensor located on the top of the Vote Tabulator.

From the Administrative Menu, the TDRO will select the ‘Close’ option and enter the device password to close the poll, followed by the ‘Enter’ button.

The Vote Tabulator will prompt the TDRO to confirm that they wish to close the poll. Once the poll has been closed, the poll cannot be reopened without administrator privileges. The TDRO will press the ‘Yes’ button to close the poll.

The Vote Tabulator will automatically print one copy of the Election Results Report, attached to the Zero Totals Report, which will be signed by the TDRO and VPS, as well as any Candidates or Scrutineers who wish to do so. The Election Results Report and Zero Totals Report will be provided to the VPS who will append the reports to the VPS Statement.


The Vote Tabulator will ask the TDRO if they wish to print additional copies of the Election Results Report. The TDRO will press ‘Yes’ to print an additional copy and will sign the second Election Results Report, along with the VPS, and shall provide it to the VPS to be attached to the duplicate copy of the VPS Statement once completed.

The TDRO will also print additional copies of the Election Results Report for any Candidates or Scrutineers present who request a copy.

Once all additional copies have been printed, the TDRO will press the ‘No’ button to exit the results printing screen and will be returned to the Administrative Menu. The TDRO will then press the ‘Power Down’ button to power off the Vote Tabulator. Before doing so, the Vote Tabulator will ask the TDRO to confirm the direction to power off the Vote Tabulator. The TDRO shall press the ‘Yes’ button to confirm the direction to shut down the Vote Tabulator.

The TDRO will place four seals titled ‘Ballot Box Seal – After Close of Vote’ on the Ballot Box, ensuring that no additional Ballots can be placed in the Ballot Box and that it cannot be re-opened without breaking the seals. The TDRO will fill in the Voting Subdivision information and sign the seal, along with the VPS, in the respective spaces provided.

The TDRO will pack up the Vote Tabulator, with the Flash Memory Cards intact, and transport the Vote Tabulator back to the Election Results Centre at City Hall. The TDRO will provide the Vote Tabulator to City Clerk Services Election Officials and shall remain at City Hall until the Voting Place results have been verified and uploaded to the City’s Election Reporting System.

DRO Ballot Account Forms Each DRO will be required to successfully complete a DRO Ballot Account Form to account for all Ballots provided to them and issued to Voters throughout Voting Day. Once completed, the DRO will provide the form to the VPS for use in completing the VPS Statement.

Collection of Application to Amend the Voters’ List Forms Each Revision Clerk will provide the VPS with the duplicate copy of each Application to Amend the Voters’ List Form they completed throughout the day.

Completion of the Voting Place Supervisor Statement The VPS will be required to complete a Voting Place Supervisor Statement using information contained on each DRO Ballot Account Form, or Special DRO Ballot Account Form. To complete the Voting Place Supervisor Statement, the VPS will undertake the following steps:

1. Record the VPS’ name and Voting Subdivision information at the top of the form. 2. Record the total number of Ballots provided by the City Clerk in Column 1 for

each DRO or Special DRO.


3. Record the Total Number of Unused, Cancelled, Misread and Declined ballots for each DRO or Special DRO in Columns 2 to 5. Record the name of each DRO or Special DRO in Column 7.

4. Record the ‘Total Tabulated Columns’ from Line 17 on the DRO Ballot Account Form and Line 19 on the Special DRO Ballot Account Form in Column 6.

5. Record the Total Number of Voters Processed on Line 12. 6. Record the Number of Ballots Rejected by Tabulator from Auxiliary Compartment

on Line 13. 7. Subtract the total of Line 12 from Line 13 and record the result on Line 14. 8. Record the Total Number of Ballots Tabulated by the Vote Tabulator on Line 15

and confirm that the total on Line 15 matches the value contained on Line 14. It is imperative that the VPS Statement balance prior to packing up the remainder of the Voting Place. If the VPS Statement does not balance, the VPS will start again from Step 1.

9. Once the VPS Statement is balanced, the VPS will have each DRO initial in Column 9 beside their name in Column 8.

10. The VPS will place the white copy of the completed VPS Statement with the Election Results Report attached into the ‘Election Results’ envelope, along with the documents provided by each DRO, Special DRO and Revision Clerk.

11. The duplicate copy of the completed VPS Statement with the second copy of the Election Results Report attached will be placed in the ‘Envelope for the Auxiliary Compartment of the Ballot Box’.

Items to be Placed in Auxiliary Compartment The following items will be placed in the ‘Envelope for Auxiliary Compartment of the Ballot Box’:

• Duplicate copy of the VPS Statement with duplicate copy of the Election Results Report attached.

• Duplicate copy of each DRO Ballot Account Form

• Duplicate copy of each Numerical Record of Voters Who Have Voted Form

• Duplicate copy of each Certificate and Receipt for Ballots Form

• Each ‘Cancelled Ballots’ envelope containing all cancelled, misread and declined ballots for each DRO or Special DRO.

• All Appointment of Voting Proxy Forms.

• Every copy of the Voters’ List used at the Voting Place.

• All Declaration of Identity Forms.


Once all items identified above have been placed in the Auxiliary Compartment, a seal or duct tape shall be used to secure the compartment.

Election Supplies All remaining election supplies, unused forms, unused Ballots, signs and other materials will be placed into the supply bag provided by the City Clerk to each VPS or Special DRO.

Once all of the supplies have been placed in the bags, the bags shall be sealed with a plastic tie through the eye of the zipper and case tab, ensuring the tie locks to prevent the reopening of the bag.

The VPS will return all election supplies to the Election Supplies Return Centre located at the Oshawa Public Library Main Branch Auditorium at 65 Bagot Street.

10. Advance Voting

One or more Election Captains will supervise each Advance Vote. At the first Advance Vote, the Election Captain will open the Voting Place following the procedures as set out under Section 9.

At the close of each Advance Vote, the Election Supervisor will proceed as follows:

a) Check the auxiliary compartment of the Ballot Box to ensure that all Ballots have been processed through the Vote Tabulator;

b) Generate and sign two (2) Status Reports from the Vote Tabulator showing the total number of Ballots processed by the Vote Tabulator on that day;

c) Power off the Vote Tabulator; d) Seal the Ballot Box to prevent any additional Ballots from being deposited into

the Ballot Box; e) Return to the City Clerk the signed Status Reports generated by the Vote

Tabulator, the Vote Tabulator, all sealed Ballot Box(es), forms, election documents and supplies for safekeeping.

Prior to the opening of the next Advance Vote, the Election Supervisor will proceed as follows:

a) Power on the Vote Tabulator; b) Generate a Status Report showing the total number of Ballots processed and

verify that this total is equal to the number of Ballots processed according to the Status Report printed at the close of the previous day of Advance Voting;

c) If the number of Ballots processed is equal to the total as listed at the close of the last Advance Vote, sign and display the list along with the signed lists from previous Advance Votes in public view;


d) Reopen the poll and continue processing Ballots through the Vote Tabulator; e) If the number of Ballots processed is not equal to the total as listed at the close of

the last Advance Vote, notify the City Clerk immediately and process all Ballots using the auxiliary compartment of the Ballot Box until the issue is resolved.

The total of all votes cast at Advance Votes will be tabulated after 8:00 p.m. on Voting Day and will include those votes cast at the Voting Place established at City Hall on Voting Day.

Vote Tabulators deployed at all Advance Voting Places and at the City Hall Voting Place on Voting Day will be equipped with the Ballot Marking Device and other assistive devices to permit the casting of ballots by individuals with accessibility needs. The Vote Tabulator will record the vote in the same manner as a paper Ballot, as outlined in Section 11.

11. Accessible Voting

Accessible Voting Technologies – Advance Voting

Advance Voting Places will be equipped with two (2) Vote Tabulators with Ballot Marking Devices, which permit the independent casting of Ballots by individuals with accessibility needs and those who cannot mark a paper Ballot with a Ballot Marking Pen. The system consists of the following components:

I. An Image-Cast Vote Tabulator; II. An Accessible Voting Handheld Controller (Figure 1 – see Page 23) and a set of

headphones that a Voter uses to interact with the system; III. An external printer for printing the audio session Ballot once the Voter has made

his or her selections; and IV. Other input interfaces as necessary to accommodate a Voter’s individual needs,

including: a. Sip and Puff Input Interface; or, b. Paddle Button Input Interface.

The Voter uses headphones to hear an audio presentation of the Ballot and the accessible voting handheld controller to control the voting session, select Candidates as well as respond with a “yes” or “no” to questions on the Ballot. The Voter can also use the other available assistive devices such as sip and puff or paddles if they are unable to use their hands to press the selection buttons on the handheld controller.


Figure 1 - Accessible Voting Handheld Controller, with Braille labels and buttons of different colours and shapes for visually-impaired voters

When a Voter wishes to use the accessible voting feature, the TDRO will assist the Voter into position behind a privacy screen at the Vote Tabulator Station close to the Vote Tabulator. The TDRO will then key in the Ballot ID number on the Vote Tabulator.

The Voter will hear an audio presentation of the ballot through the available headphones and use the accessible voting handheld controller or other assistive devices, as necessary, to adjust the volume, speed of the audio presentation, move between contests, and select votes. The audio presentation will confirm votes selected for Voter verification. When the Voter has made and confirmed all their selections, they will use the accessible voting handheld controller or optional interface devices to direct the Ballot Marking Device to print their paper Ballot. The Ballot Marking Device will automatically process a blank sheet of paper, printing the full Ballot on the sheet complete with markings in the Defined Area for the Candidate(s) or question answers chosen by the Voter.

The printed Ballot is indistinguishable from a Ballot marked by hand. The Ballot Marking Device contains a library of random hand-made marking images that it uses to print the Ballot so the printed markings in the Defined Area look just like marks made by hand with a Ballot Marking Pen. This feature ensures that if the paper Ballots are later reviewed by Election Officials, they will be unable to determine which Ballots were marked by hand or by the Ballot Marker Device.

The Ballot then emerges from the Ballot Marking Device into a Secrecy Folder. The TDRO will insert the Ballot into the Vote Tabulator and the Vote Tabulator will process the Ballot in a manner that is no different from any other Ballot delivered to the TDRO.

While an accessible voting session is underway, the Vote Tabulator can continue processing Ballots delivered to the TDRO by other Voters, allowing the Vote Tabulator


to handle both voting channels and maintain the flow of Voters through the Voting Place.

Accessible Voting Technologies – Voting Day

A Voting Place will be located at City Hall on Voting Day specifically designated for persons with accessibility needs and one (1) companion. The same Vote Tabulators used at Advance Voting Places will be used at the Voting Place located at City Hall on Voting Day. The same procedures as set out above for Advance Voting Places will be used on Voting Day. When results are tabulated at the close of voting on Voting Day, the results from all Advance Voting Places and the Voting Place located at City Hall will be consolidated and reported as one total. In this way the results from the City Hall Voting Place cannot be identified separately and disclose how persons with accessibility needs voted on Voting Day.

12. Candidates and Scrutineers

Candidates may appoint Scrutineers, using the Appointment of Scrutineer Form, to represent them at a Voting Place. The City of Oshawa may also appoint Scrutineers to represent the City in relation to any questions placed on the Ballot.

Scrutineers and Candidates have the following rights:

a) to enter the Voting Place 15 minutes prior to the official opening in order to visually inspect, but not touch, the Ballots, Ballot Box, and other election documentation; however this right, and any actions taken in relation to it, shall not in any way impede or delay the opening of the Voting Place;

b) to sign the Report Tapes which are generated by the Vote Tabulator prior to the opening of the Voting Place, at any point throughout the day should the Vote Tabulator need to be restarted or replaced, and at the conclusion of voting when the results have been tabulated;

c) to object to a person voting. In the event a Scrutineer or Candidate objects to a person voting, it will be the responsibility of the DRO to note the objection beside the name of the voter on the Voters’ List, including the relevant facts of the objection provided by the Scrutineer or Candidate. If the Elector swears a Declaration of Identity to the effect that he or she is the person named on the Voters’ List and has not already voted, he or she shall be issued a Ballot and be permitted to vote; and,

d) to observe the election process. Scrutineers and Candidates shall:

a) upon entering a Voting Place, identify themselves to the Voting Place Supervisor, or upon entering a Special Voting Place, any Election Official;


b) swear an Oath of Secrecy before being permitted to remain in the Voting Place; and,

c) notify the VPS in a Voting Place, or any Election Official within a Special Voting Place, of any concerns with respect to the conduct of the election process within the Voting Place, or Special Voting Place.

Scrutineers shall:

a) be appointed in writing by the Candidate using the Appointment of Scrutineer by Candidate form;

b) produce, upon request by any Election Official or Elector, the original Appointment of Scrutineer by Candidate form signed by the Candidate;

c) immediately leave the Voting Place when the Candidate enters the Voting Place;

d) wear, at all times when in the Voting Place, a button, sticker or other item supplied by an Election Official identifying them as a Scrutineer, without reference to a particular Candidate.

Scrutineers and Candidates shall not:

a) compromise or attempt to compromise the secrecy of voting; b) examine or object to Ballots or to the counting of votes on a Ballot as

provided for in clauses 47(5)(e), 47(5)(f) and Subsection 54(3) of the Act; c) interfere or attempt to interfere directly or indirectly with how a Voter votes; d) interfere or attempt to interfere with a Voter who is marking a Ballot; e) obtain, or attempt to obtain, in a Voting Place, any information about how

an Elector intends to vote or how a Voter has voted; f) communicate any information about how an Elector intends to vote or how

a Voter has voted; g) display or distribute a Candidate’s election campaign material in, or on the

property of the Voting Place; h) communicate, or attempt to communicate with any Elector on any matter; i) sit at any table used by any Election Official; j) stand within 10 feet of the Vote Tabulator Station when a Voter is

delivering a Ballot to the TDRO, or when Ballots from a Special Voting Place or the auxiliary compartment of the Ballot Box are being processed by the TDRO;

k) use a cellular phone or other method of mobile communication within the Voting Place; and


l) interfere or attempt to directly or indirectly interfere with the duties of any Election Official.

Where a Candidate or Scrutineer violates any of the above noted conditions, a VPS in the case of a Voting Place, or any Election Official in the case of an Advance Voting Place or Special Voting Place, may order that individual to vacate the Voting Place. If so ordered, the individual shall vacate the Voting Place immediately, shall not remain anywhere in, or on the property of the Voting Place and may not return to the Voting Place. The decision of the VPS or Election Official is final.

13. Emergency Situations

The City Clerk may declare an emergency if he or she is of the opinion that circumstances have arisen that are likely to prevent the election from being conducted in accordance with the Act. This authority relates not only to the conduct of the vote but also to any aspect of the election process. When declaring an emergency, the City Clerk will make such arrangements as she or he considers advisable for the proper conduct of the election. Such arrangements, if they are consistent with the principles of the Act, prevail over anything in the Act and regulations made under it. The emergency continues until the City Clerk declares it has ended. If the declaration of any emergency is done in good faith, the declaration and the related arrangements will not be reviewed or set aside by a court on account of unreasonableness or supposed unreasonableness (Section 53, Municipal Elections Act).

14. Posting Results

The City Clerk will, as soon as possible following Voting Day, declare the Candidate or Candidates having the highest number of votes for each office to be elected and publicly post the results along with the results of any questions on the Ballot.

15. Recounts

Tie Vote (Section 56 Recount)

In the event of a tie vote, a recount shall, in accordance with Section 56(2), be conducted within 15 days of the declared results. It shall be conducted in the same manner as conducted on Voting Day. No deviation from the procedures outlined herein shall be permitted. Notwithstanding the rights provided by Section 61(5), no Candidate, applicant, lawyer or Scrutineer shall be permitted to examine or touch any Ballot, nor dispute the validity of a Ballot or the counting of votes on a Ballot, in accordance with Section 42(4) of the Act.

Upon conclusion of the recount, the City Clerk shall announce the results.

If the results of the recount indicate that two or more Candidates who cannot both or all be declared elected to an office have received the same number of votes, the City Clerk shall, in accordance with Section 62(3), choose the successful Candidate(s) by drawing


the name(s) of the successful Candidate(s). The name(s) of the Candidate(s) drawn shall be declared the successful Candidate(s).

If on the 16th day after the recount is completed no application has been made for a judicial recount under Section 63, the City Clerk shall declare the successful Candidate(s) elected.

Request from Municipality, Local Board or Minister (Section 57 Recount)

In accordance with Section 57(1) of the Act, a recount shall be conducted if, within 30 days after the City Clerk’s declaration of the results:

• the council of a municipality passes a resolution requiring the recount of the votes cast,

o for all or specified candidates for an office on the council, o for all or specified answers to a question submitted by the council, or o for and against a by-law submitted by the council.

• a local board passes a resolution requiring the recount of the votes cast, o for all or specified candidates for an office on the local board, or o for all or specified answers to a question submitted by the local board.

• The Minister makes an order requiring a recount for all or specified answers to a question submitted by him or her.

As required by Section 57(2), the recount shall be held within 15 days after the resolution or order is passed or made. When a recount is held, it shall be conducted in the same manner as conducted on Voting Day. No deviation from the procedures outlined herein shall be permitted. Notwithstanding the rights provided by Section 61(5), no Candidate, applicant, lawyer or Scrutineer shall be permitted to examine or touch any Ballot, nor dispute the validity of a Ballot or the counting of votes on a Ballot, in accordance with Section 42(4) of the Act.

Upon conclusion of the recount, the City Clerk shall announce the results.

If on the 16th day after the recount is completed no application has been made for a judicial recount under Section 63, the City Clerk shall declare the results.

By Order of the Superior Court of Justice (Section 58 Recount)

In accordance with Section 58(1), an Elector with reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an order directing that the City Clerk hold a recount. The application must be commenced within 30 days of the City Clerk’s declaration of results. Where the court is satisfied that there are sufficient grounds, the court shall make an order requiring the City Clerk to hold a recount of the votes cast for all or specified Candidates, on a by-law, or for all or


specified answers to a question, and shall give the City Clerk a copy of the order as soon as possible.

The City Clerk shall hold the recount within 15 days after the day the City Clerk receives a copy of the order.

A recount shall be conducted in the same manner as conducted on Voting Day, unless the judge ordering the recount is of the opinion that the manner in which the original count was conducted caused or contributed to the doubtful result, orders that the recount be held in a different manner and specifies the manner within the order. Notwithstanding the rights provided by Section 61(5), no Candidate, applicant, lawyer or Scrutineer shall be permitted to examine or touch any Ballot, nor dispute the validity of a Ballot or the counting of votes in a Ballot, in accordance with Section 42(4) of the Act, unless the order directing the recount so provides.

When the recount is complete, the City Clerk shall:

• announce the results of the recount; and

• if there are disputed Ballots, o announce the number of them, o announce the result that would be obtained if the disputed Ballots were

excluded; and o write the number of the Voting Place on the back of and initial each

disputed Ballot, place them in a separate envelope clearly marked so as to indicate its contents, and seal the envelope.

If on the 16th day after the recount is completed no application has been made for a judicial recount under Section 63, the City Clerk shall declare the results.

16. Retention of Records

The City Clerk will retain, at the completion of the count, all Ballots, Vote Tabulator verification and certification records, Voting Place documents, elections reports and other completed election forms and documents for the same period as established by Section 88 of the Act.


17. Statement of Certification

These are the certified procedures for voting and for the use of vote counting equipment that shall be followed for the 2014 Municipal Elections in the City of Oshawa.

These procedures may be revised from time to time as deemed necessary by the City Clerk and Returning Officer.

October 2, 2014

Sandra Kranc Date City Clerk and Returning Officer


Documents

Oshawa Votes 2014 - Procedures for Voting and the …...authorized to establish procedures and forms for the use of voting and vote counting equipment. For the 2014 Municipal Election,