2018 Municipal Elections: Candidate and Third Party

Information Session 3September 26, 2018

M. Rick O’Connor – City Clerk & SolicitorTyler Cox – Manager, Legislative ServicesMilan Stevanovic - Program Manager, Elections

Disclaimer

This presentation is prepared for information purposes only and is not meant to replace legislation.

It provides an overview of the relevant legislation, municipal by-laws and policies.

Reference should always be made to relevant legislation, by-laws and policies.

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Presentation Overview Recap of Session 2 General Information

• The Municipal Elections Act, 1996 and Recent Amendments

• Information Regarding Third Party Advertisers

Voting Dates and Times Number of Voting Locations Accessibility in the Voting

Place What to Expect on Voting Days

Details Regarding Vote Tabulators

The Transmission and Display of Election Results

Reminders for Candidates and Scrutineers

Reminders Regarding Election Signs

Online Election Tools Next Steps Additional Resources Key Dates

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Recap of Session 2

General Information: • The Municipal Elections Act, 1996 and

Recent Amendments• Voting Dates and Times• Recap of the Nomination Period • Roles and Responsibilities of Elected

Officials• Term of Office and Remuneration• Information Regarding

Third Party Advertisers Candidate and Third Party Advertisements Municipal Authority to Remove Advertisements

and the Elections’ Interpretation Bulletin No 1: Elections Campaign Signs

Campaigning and Election Signs Information Regarding Scrutineers The Voters’ List Voting Place Information Voting by Proxy Acceptable Forms of Identification for

Electors Campaign Finances Contribution Rebate Program Accessible Elections and Campaigns Election Videos

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The second information session is available on ottawa.ca/vote. The session provides information on the following topics:

General Information

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The Municipal Elections Act, 1996 (“MEA”)

The MEA governs the conduct of municipal and school board elections in Ontario.

In addition to setting out rules for candidates, third parties and electors, it also sets out rules for the administration of elections.

Significant changes were made to the MEA after the 2014 Municipal Elections.

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Amendments to the MEA Following the latest review of the MEA, a number of amendments

were made by:• Bill 68, the Modernizing Ontario’s Municipal Legislation Act,

2017; • Bill 181, the Municipal Elections Modernization Act, 2016; and• Bill 154, Cutting Unnecessary Red Tape Act, 2017.

It is the responsibility of each candidate and third party to ensure compliance with all legislative provisions relevant to the municipal elections process.

Candidates and third parties are encouraged to familiarize themselves with the legislation and the 2018 Candidates’ and Third party advertisers guides for Ontario municipal and school board elections.

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Information Regarding Third Party Advertisers

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What is a Third Party Advertisement?

The MEA defines a “third party advertisement” as an advertisement in any broadcast, print, electronic or other medium that promotes, supports or opposes a candidate in the election, or, a "yes" or "no" answer to a question on the ballot.

Third party advertising is separate from any candidate’s campaign, and must be done independently from a candidate.

Individuals and entities wishing to conduct third party advertising in the City of Ottawa must register with the Clerk before they can begin advertising.

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Who can Register as a Third Party Advertiser?

The following persons and entities are eligible to file a Notice of Registration – Third Party with the Clerk:• An individual who is normally a resident in Ontario;• A corporation that carries on business in Ontario; and• A trade union that holds bargaining rights for

employees in Ontario.

Note: If a third party wants to advertise in more than one municipality, they have to register in each municipality.

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Who cannot Register as a Third Party Advertiser?

The following persons and entities are not eligible to file a Notice of Registration – Third Party:• A candidate whose nomination has been filed under

Section 33 of the MEA;• A federal political party registered under the Canada

Elections Act (Canada) or any federal constituency association or registered candidate at a federal election endorsed by that party;

• A provincial political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act;

• The Crown in right of Canada or Ontario, a municipality or a local board; and

• Any group or association that is not a corporation.

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Registration Period and Process Individuals and entities may file a Notice of Registration –

Third Party during regular office hours at the City of Ottawa Elections Office.

There is no filing fee for third party advertisers.

Registration began on Tuesday, May 1, 2018.

The deadline for an individual, corporation or trade union to submit a Notice of Registration – Third Party is Friday, October 19, 2018, at 4:30 p.m.

A list of registered third party advertisers will be regularly updated and available on the City of Ottawa’s Elections website ottawa.ca/vote.

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Voting Dates and Times

2018 Municipal ElectionsVoting Dates and Times

Voting will take place from 10 am to 8 pm on:

• Special Advance Voting • October 4, 5, 6 and 7, 2018

• Advance Voting• October 12, 2018

• Voting Day• October 22, 2018

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Number of Voting PlacesNumber and location of voting places 45 (1) The clerk shall establish the number and location

of voting places for an election as he or she considers most convenient for the electors.

Number of voting places by voting event: • Special Advance Voting: 6• Advance Vote Day: 268• Voting Day: 350

A full list of voting places is available on ottawa.ca/vote.

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Election Workers

The Elections Office has filled over 4,000 Election Worker positions.

Every voting place will have bilingual staff, identified with a blue English/Français sticker.

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Accessibility in the Voting Place

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Accessibility in the Voting Place

Every voting place will be accessible for electors with disabilities.

Elections Office staff have conducted site visits to assess the accessibility of each voting place;• An accessibility checklist was developed to identify, prevent and

remove barriers for electors, election workers and candidates with disabilities.

• Where a barrier can be corrected, the Elections Office will make an investment in construction to make the facility accessible.

• In some cases, temporary accessible parking spaces are added to voting places by installing temporary signage in the parking lot.

The 2018 Municipal Elections Accessibility Plan is available on ottawa.ca/vote.

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Accessibility in the Voting Place (cont’d)

The following accessible voting tools will be available at every voting place:• Large print ballots;• Braille listings of candidates;• Braille ballot templates;• Access to a cell phone with Elections Call

Centre staff on standby; and• Magnifying sheets.

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Accessibility in the Voting Place (cont’d)

Curbside Voting is Available at Every Voting Place• If an elector is physically unable to go inside the voting place, they

can request to have their ballot brought to their vehicle, outside of the building or to another area within the voting place.

• A friend or support person will need to go inside the voting place to let the election workers know that they require curbside voting.

Electors may bring a family member, friend, support person, or ask an election worker to help them vote.

Before assisting an elector, the support person must make an oral oath that the vote will be kept secret.

All service animals are allowed in the voting place.

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Accessibility in the Voting Place (cont’d)

New for the 2018 Municipal Elections: Para Transpo customers will be able to reserve their trip to and from a voting place 48 hours in advance.

Customers can contact Para Transpo at 613-741-4390 for more information, or call 613-244-7272 to book their trip.

Special Advance Voting places will have Para Transpo flags to identify pick-up and drop-off locations.

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Accessible Vote Tabulator

Electors are offered a minimum of five (5) opportunities to vote using an Accessible Vote Tabulator (AVT):

• Special Advance Voting: • October 4, 5, 6 and 7, 2018

• Advance Voting Day: • October 12, 2018

AVT will also be available in voting places in seniors residences and long-term care facilities.

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Accessible Vote Tabulator (cont’d)

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Accessible Vote Tabulator (cont’d)

The AVT allows electors with disabilities to mark and cast their ballot privately and independently.• Its features include:

• A braille keypad;• L-R paddles (colour-coded left and right

paddles);• A sip-puff device;• Bilingual audio through headphones; and• Bilingual visual support through a 19-inch

screen with zoom and high contrast features.

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What to Expect onVoting Days

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What to Expect on Voting Days

The Elections Office has created a “How to Vote” video for electors:• English:

https://www.youtube.com/watch?v=esxbABvB87c&feature=youtu.be

• French:https://www.youtube.com/watch?v=bnFfGvr88yU&feature=youtu.be

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What to Expect on Voting Days

Polls will open at 10 am and close at 8 pm on all voting days.• Voters who are in the polling station by 8

pm are entitled to vote. • Approximately 5 minutes before the polls

close, elections staff will call for anyone who wishes to vote to enter the polling location.

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Voting Process

In order to receive a ballot, electors must show a piece of ID that lists their name and qualifying address, photo ID is not required.

Acceptable forms of ID are available on ottawa.ca/vote.

Electors who cannot present an acceptable proof of identity and residence can make a statutory declaration (Form 9).

Electors in long term care centres and seniors’ residences are not required to show a piece of ID in order to vote.

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Voting Process (cont’d)

If an elector’s name does not appear on the Voters’ List, they can fill out the Application to Add or Amend My Information on the Voters’ List.

The elector’s name will be struck off the Voters’ List and they will be issued a ballot in a privacy sleeve.

Once the elector has marked their ballot, an Election Worker will insert the ballot in the vote tabulator, without removing it from the privacy screen.

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Details Regarding Vote Tabulators

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Vote Tabulators

There are two types of vote tabulators:

Imagecast Precint (ICP) Imagecast Evolution (ICE)

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Vote Tabulators (cont’d)

An external auditor oversees all testing processes prior to Voting Day to ensure that every vote tabulator works properly, including: • Diagnostics of vote tabulators; • Tabulation testing; and • Ballot testing.

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Vote Tabulators (cont’d) Each tabulator has two identical memory cards

that are sealed inside the machine.

These memory cards are programmed to record the total number votes cast, including any blank, over and under voted ballots.

Memory cards used for advance voting and reduced hours voting are programmed not to produce a Results Tape at the end of voting.

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Vote Tabulators (cont’d) The following ballots will be returned to the Election Worker:

• a ballot that has more votes cast for a specific race than is permitted;

• a ballot that has no votes cast; and• a ballot that is damaged or defective or has been marked

in such a way that it cannot be properly processed by the Tabulator.

The Election Worker will read the message displayed on the tabulator’s screen to verify the reason for the returned ballot, and discreetly advise the elector of the reason why the tabulator returned the ballot.

The Election Worker will confirm with the elector if they intended on marking the ballot in that fashion.

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Vote Tabulators (cont’d) If the elector responds in the affirmative, the Election Worker

will press the “CAST” button to override the error. The tabulator will only count the valid marks on the ballot, if

any.

If the elector responds in the negative, the Election worker will:• Press the “RETURN” button to have the ballot returned

to the privacy sleeve;• Write “cancelled” on the back of the ballot, draw a line

through all voting ovals and place it in the envelope labelled “Cancelled Ballots”; and

• Issue another ballot in the voting privacy sleeve to the elector so they can recast their vote.

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The Transmission and Display of Election Results

The Transmission of Election Results Voting Day locations will transmit their results from the voting

place.

Results from Advance Voting Days will be transmitted from a secure server.

Results are by voting machine, not individual polls.

There will be no obvious distinction between Advance Voting results and Voting Day results.

Unofficial results will begin to be transmitted as soon as voting places empty and location staff have completed their work.

A line-up in a voting place at close will delay the transmission of results.

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The Display of Election Results Unofficial results will be displayed on large screens in

Andrew S. Haydon Hall at City Hall.

Unofficial results will also be posted on ottawa.ca.

Unofficial results are updated every 5-7 minutes until all the votes have been tabulated.

The majority of unofficial results are expected within an hour of polls closing.

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Official Election Results Official results will be made available once they have

been declared by the Clerk.

The MEA states that the Clerk shall, as soon as possible after voting day, declare the candidates who received the highest number of votes to be elected.

Official results will include declined ballots, over-votes and under-votes for each race.

Official results will be posted on ottawa.ca.

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Reminders for Candidates and Scrutineers

Appointing a Scrutineer A scrutineer is a person appointed in writing by a candidate to observe

the voting and counting proceedings in an election. To appoint a scrutineer, candidates must sign the Appointment of

Scrutineers form.• The form is available at the Elections Office or by written request

from the candidate or their agent.• The form was also appended to the third candidate update letter.

Only one scrutineer per candidate per vote tabulator is allowed in the voting place at any given time.

When entering a voting place, scrutineers must present the completed Appointment of Scrutineers form with the candidate’s original signature. • Any Election Worker is allowed to ask to see the form and it must

be presented upon request.

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Reminders To protect the secrecy of the vote, candidates

and scrutineers will not be able to:• Attend to or assist electors at the Voting Screens

or Accessible Vote Tabulators;• Examine the ballots after the Voting Place has

opened for voting;• Object to ballots; or• Object to the counting of votes as the ballots are

being inserted into the Tabulator by the Designated Elections Official.

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Candidates and Scrutineers may… Enter a voting place 15 minutes before opening; View the empty ballot boxes, ballots and election

documents; Initial or sign the seals used to secure the ballot

boxes; Initial or sign the printouts from the vote tabulators; Object to an elector’s qualifications; View the voters’ list when it is not being used by an

election worker; and Observe the transmission of results at the close of

Voting Day.

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Candidates and Scrutineers may not…

Campaign, distribute or display campaign materials or literature in the voting place;

Wear or display political slogans; Interfere with or disrupt the voting process in any way; Assist the elector or act as an interpreter; Attempt, directly or indirectly, to influence how the elector votes; Obtain information regarding how the elector intends to vote or

has voted; and Make any phone calls or send electronic messages while in the

voting place. An election worker may ask a candidate or scrutineer to

leave the voting place if the rules are not being respected.

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Reminders RegardingElection Signs

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Election Signs

“Election sign” means a temporary sign that supports or opposes a candidate, a political party, or a “yes” or “no” answer to a question on the ballot in a municipal, school board, public utility company, provincial or federal election.

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Election Signs (cont’d) The City of Ottawa has two By-laws which outline the

parameters for signs on public and private property:

1. By-law 2003-520 – Signs on City Roads; and2. By-law 2004-239 – Temporary Signs on Private

Property.

The By-laws include rules regarding:• The timing and placement of signs; and• Timing of their removal.

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Election Signs (cont’d) Every election sign must be removed from the premise within

forty-eight (48) hours following the election date;

Election signs shall not pose a line of sight issue; and

Signs placed in medians will be pro-actively removed.

No person shall remove a sign that has been lawfully placed other than persons authorized to do so under the City’s by-laws.

Contact 3-1-1 with all sign related complaints and/or inquiries.

Contact the National Capital Commission (NCC) for restrictions of signs on NCC lands and the Ministry of Transportation of Ontario (MTO) for restrictions on provincial highways.

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Online Election Tools

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Online Elections Tools

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There are three online elections tools available to the public on ottawa.ca/vote:

Where do I vote? This tool allows electors to search voting places available

to them for each voting event. It also lists the accessibility tools available at each voting

place during each voting event.

Am I on the Voters’ List? This tool allows electors to verify their information on the

voters’ list.

Who is Running in my Ward? Electors can enter their qualifying address and see a list

of candidates running in their ward.

Next Steps

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Next Session The next information session will take place

on Thursday, November 8, 2018 from 6 to 8 pm, at City Hall, Andrew S. Haydon Hall, 110 Laurier Ave West.

This session will include topics like:• Closing your Campaign;• Financial Statements; • The Election Compliance Audit

Committee; and more.

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Additional Resources

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Contact Information

City of Ottawa Elections Office1221 B Cyrville RdOttawa, ONK1J 7S8

Tel: 613-580-2660Fax: 613-580-2661Email: elections@Ottawa.ca

Office of the City Clerk and Solicitor110 Laurier Ave West Ottawa, ONK1P 1J1

Tel: 613-580-2424 Ext. 21215Fax: 613-580-2416

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Contact Information

Elections Office• Website: ottawa.ca/vote

Follow us on social media:

• Twitter: @ottawavote@ottawavotez

• Facebook: Elections OttawaÉlections Ottawa

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Contact Information

School Boards Ottawa-Carleton District School Board

http://www.ocdsb.edu.on.ca/ Ottawa Catholic School Board

http://www.ocsb.on.ca/ Conseil des écoles publiques de l'Est de l'Ontario

http://www.cepeo.on.ca/ Conseil des écoles catholiques du Centre-Est

http://www.ecolecatholique.ca/fr

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Additional ResourcesLegislation

Municipal Elections Act, 1996 Municipal Act, 2001 Education Act Accessibility for Ontarians with Disabilities Act, 2005

Guides 2018 Candidates’ guide for Ontario municipal council

and school board elections 2018 Guide for third party advertisers - Ontario municipal

council and school board elections 2018 Voters’ guide for Ontario municipal council and

school board elections Municipal Elections Act Review

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Additional Resources (con’t)

Prescribed Forms Nomination Paper (Form 1) Endorsement of Nomination (Form 2) Appointment of Voting Proxy (Form 3) Financial Statement - Auditor's Report - Candidate (Form 4) Financial Statement - Subsequent Expenses (Form 5) Notice of Extension of Campaign Period (Form 6) Notice of Registration - Third Party (Form 7) Financial Statement - Auditor's Report - Third Party (Form 8) Declaration of Identity (Form 9)

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Additional Resources (con’t)

Reports Bill 181, the Municipal Elections Modernization Act, 2016 –

Changes to the Municipal Elections Act, 1996 Bill 68, the Modernizing Ontario’s Municipal Legislation Act,

2017 – Changes to the Municipal Act, 2001, the Municipal Conflict of Interest Act, and the Municipal Elections Act, 1996

2010 Municipal Elections – Report on Identification, Removal and Prevention of Barriers that Affect Electors and Candidates with Disabilities

By-laws Contribution Rebate Program By-law No. 2018-33 Signs on City Roads By-law No. 2003-520 Temporary Signs on Private Property By-law No. 2004-239

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Key Dates

May 1, 2018 – Nomination and Registration Period Begins• First day for candidates to file a nomination paper for the

office of mayor, councillor or school board trustee. • First day for an individual, corporation, or trade union to file a

notice of registration as a third party advertiser.

July 27, 2018 – Nomination Day• Candidates have until 2 p.m. to file their nomination paper.• A candidate who wishes to withdraw their nomination

has until 2 p.m. to notify the Clerk by filing a written withdrawal.

• Nominations or withdrawals cannot be accepted after 2 p.m.

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Key Dates (cont’d) August 23, 2018

• First day an election sign can be placed on private property.

September 1, 2018 – Voters’ List Revision Period Begins• Copies of the voters’ list available to certified candidates upon

written request.• Electors may submit an application requesting that their

information be updated or that their name be added or removed from the voters’ list.

• Am I on the Voters’ List? online tool is available, allowing electors to check if they are registered to vote and how their information is currently presented on the voters’ list.

September 22, 2018• First day an election sign can be placed on public property.

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Key Dates (cont’d) September 25, 2018

• Interim list of changes to the voters’ list to be provided to each certified candidate by this date.

• Final expense limits certificate to be provided to candidates and third parties by this date.

October 4 to 7, 2018 – Special Advance Vote Days• First opportunity for electors to cast their ballot. Electors can

cast their ballot at any one of six locations across the City between 10 a.m. and 8 p.m.

• Ballots for all wards will be available at all locations.

October 12, 2018 – Traditional Advance Vote Day• Electors can cast their ballot in their wards between 10 a.m.

and 8 p.m.

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Key Dates (cont’d) October 19, 2018

• Last day for an individual, corporation, or trade union to file a notice of registration as a third party advertiser.

• Individuals, corporations, and trade unions have until 4:30 p.m.to file their notice of registration.

October 22, 2018 – Voting Day• With the exception of institutions and retirement homes that may

have reduced opening hours, voting places will open at 10 a.m. and close at 8 p.m.

December 31, 2018 - Campaign Period Ends• Campaign period ends for candidates and registered third parties,

meaning they cannot accept any contributions or incur any expenses. Candidates or registered third parties that wish to extend their campaign, due to a deficit, must file a Notice of Extension of Campaign Period - Form 6 by this date.

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Key Dates (cont’d) February 27, 2019

• Last day for the Clerk to provide candidates and registered third parties with notice of the financial filing requirements and penalties.

March 28, 2019• Last day for a candidate or registered third party to apply to

Superior Court of Justice to extend the time to file the financial statement.

March 29, 2019 – Deadline for Filing Financial Statements• By 2 p.m.:

o Last day for all candidates and registered third parties to file a financial statement and auditors’ report for the reporting period ending December 31, 2018.

o Last day for a candidate or registered third party to notify the Clerk in writing of a filing extension received from the Superior Court of Justice.

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Key Dates (cont’d) April 29, 2019

• Last day (by 2 p.m.) for a candidate or registered third party to file a primary financial statement and pay $500 late filing fee.

• Penalties take effect at 2:01 p.m.

June 27, 2019• Last day for an elector to apply for a compliance audit of a candidate

or registered third party’s campaign finances.

July 2, 2019 - End of the Supplementary Campaign Period• Campaign period ends for candidates and registered third parties that

extended their campaign, meaning they cannot accept any contributions or incur any expenses.

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Key Dates (cont’d) August 28, 2019

• Last day for the Clerk to provide candidates and registered third parties with notice of the filing requirements and penalties for supplementary financial statements and auditor’s reports.

September 26, 2019• Last day for a candidate or registered third party to apply to Superior Court of

Justice to extend the time to file the financial statement.

September 27, 2019 - Deadline for Filing Supplementary Financial Statements• By 2 p.m.:

o Last day for those who filed a Form 6 to extend the campaign period to file a financial statement and auditors’ report for the reporting period ending July 2, 2019.

o Last day for a candidate or registered third party to notify the Clerk of a filing extension received from the Superior Court of Justice.

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Key Dates (cont’d)

October 28, 2019• Last day (by 2 p.m.) for a candidate or registered third party

to file a supplementary financial statement and pay $500 late filing fee.

• Penalties take effect at 2:01 p.m.

December 27, 2019• Last day for an elector to apply for a compliance audit on a

candidate or registered third party’s supplementary financial statement.

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Questions?

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