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November 17, 1999

To: Administration Committee

From City Clerk

Subject: Municipal Elections - General Process and Procedures

Purpose:

This report responds to a request from the former Corporate Services Committee to report on the process for Election 2000. It outlines in detail, for the information of Council, the process and procedures that will be followed in the conduct of the year 2000 election and reflects the results of the consultations conducted with Members of Council and the public. The Clerk of the City has the legislative authority under the Municipal Elections Act, 1996 to establish these processes and procedures for the conduct of the election.

Election policy issues which require legislative amendments or the enactment of by-laws are addressed in separate reports for the approval of the Administrative Committee and Council.

Funding Sources, Financial Implications and Impact Statement:

A preliminary estimate has been identified for the conduct of the 2000 municipal election for information purposes at this time. A full budget submission will be presented later as part of the regular Year 2000 Operating Budget review.

Recommendations:

It is recommended that this report be received and submitted to Council for information.

Council Reference:

On June 9, 10 and 11, 1999, City Council, in receiving for information, Clause No. 30 of Report No. 6 of the Corporate Services Committee under "Other Items" was advised of the following action taken by the Committee:

"(1) the attached background report, "Election 2000", be received for information at this time;

(2) a copy of this report be circulated to all Members of Council; and

(3) the City Clerk be authorized to undertake consultations with Members of Council, and through focus groups consisting of candidates, voters and other stakeholders, on the issues and draft proposals contained in the report and report on any necessary legislative amendments, policies and procedures to Council in July and December, 1999."

This report addresses the above directive to report on the process and procedures for Election 2000. Reports on the necessary legislative amendments to the Municipal Elections Act, 1996 (the Act) and the by-laws required for the Election 2000 are also before the Committee at this time.

Background:

During the preparation of this report, election staff have:

- reviewed numerous records from election day 1997;

- reviewed various policies and procedures used in the former municipalities;

- reviewed municipal election legislation;

- conducted surveys with election day personnel from the 1997 municipal election and the East York and Scarborough Highland Creek by-elections;

- conducted surveys with voters during the East York and Scarborough Highland Creek by-elections;

- consulted with Members of Council during the early part of 1998 (to obtain feedback from the 1997 municipal election) and during the months of September and October, 1999 on the proposed policies and procedures;

- conducted six public meetings during the period October 18 to 26, 1999 to obtain the views of the electors, community and ratepayers groups and former candidates on the electoral process;

- consulted in person and by telephone with selected candidates from the 1997 municipal election and the East York and Scarborough Highland Creek by-elections;

- attended sessions with ratepayers groups and community organizations;

- monitored elections in Chicago and Edmonton;

- attended sessions with members of the Association of Municipal Managers, Clerks and Treasurers of Ontario, Election Project Team sub-committee;

- attended a post-mortem of the 1997 election experience with staff of the Ministry of Municipal Affairs and Housing; and

- conducted brainstorming sessions with elections staff over the past fifteen months.

This report presents the process and procedures the elections staff intend to implement to conduct Election 2000 in the City of Toronto.

In developing these process and procedures, elections staff have considered the different needs of our three primary customers - eligible electors, candidates and the Corporation of the City of Toronto. At times, these needs may be in conflict with each other. For example, the provision of additional voting places makes voting more accessible to electors, but creates problems for candidates in obtaining sufficient scrutineers and impacts on the budget of the Corporation.

The process and procedures were measured against the principles of democratic elections, universally accepted as the integrity of the election process, the secrecy of the vote, the proper majority vote decides the election and voter accessibility. The principles that were considered by the Province in the development of the Municipal Elections Act, 1996 were:

(1) the secrecy and confidentiality of individual votes is paramount;

(2) the election should be fair and non-biased;

(3) the election should be accessible to the voters;

(4) the integrity of the process should be maintained throughout the election;

(5) there be certainty that the results of the election reflect the votes cast; and

(6) voters and candidates should be treated fairly and consistently within a municipality.

It is the belief of elections staff that the process and procedures contained within this report will provide an election structure that meets the needs of our clients and conforms to the principles of democratic elections. For example, the requirement that candidates and electors provide identification in order to be nominated or to receive a ballot ensures the integrity of the process is upheld. Our advance voting strategy and communications plan will safeguard the accessibility of the vote.

Customer service is paramount in our voting place staffing model and management structure. Services to electors will be decentralized to provide greater opportunity for them to exercise their right to participate in the election process. For example, staff will create a system of Ward Managers' offices where eligible electors may be added to the voters' list, obtain a voting proxy or receive election information.

Customer service to candidates will be enhanced through such measures as the proposed consolidation of the election sign by-laws, which will be addressed in a separate report, and our suggested election day response management strategy to resolve issues. Services for candidates will be consolidated at Toronto City Hall to ensure consistent service delivery and to reduce any potential confusion over where candidates need to go to file documents and obtain information.

The suggested dates in the report are based upon an election day of Monday, November 13, 2000. City Council has previously approved a motion requesting the Minister of Municipal Affairs and Housing to move voting day to the Thursday after Thanksgiving in October. If this amendment occurs, the dates will be adjusted accordingly.

1.0 CANDIDATES

1.1 1997 Experience

The 1997 municipal election process was impacted by the enactment of the City of Toronto Act, 1997 (Bill 103) on April 21, 1997 and Ontario Regulation 172/97 on May 12, 1997. Bill 103 established the new City of Toronto effective January 1, 1998 and provided that the 1997 election was to be conducted as if the new city had already been incorporated. Ontario Regulation 172/97 provided for such items as access to a surplus from a previous election campaign, the ability to carry forward a deficit from a previous campaign and the establishment of a contribution rebate program.

In addition, prospective candidates were unable to file a nomination paper until March 31, 1997 (due to a transitional provision in the Municipal Elections Act, 1996) and once Bill 103 and Ontario Regulation 172/97 were passed, candidates had to revise any previously filed nomination paper to reflect the correct ward in which they wished to run.

Warren Bailie, Ontario's Chief Election Officer, was appointed by the Minister of Municipal Affairs and Housing to conduct the 1997 election. The election staff of the former municipalities assisted Mr. Bailie in this task.

Services affecting candidates were standardized so that candidates would be treated equitably across the new City. Candidates were able to obtain information or file documents at any of the six civic centres of the former local municipalities. While this was convenient for the candidates, it was difficult for staff to properly manage the nomination process as candidates would file in one location and then either withdraw or amend the nomination in another location.

1.2 Consultations

The feedback received from candidates on their 1997 experience centered on the financial reporting requirements of the Municipal Elections Act, 1996 and the contribution rebate program. The following summarizes the results of the consultations.

a) the campaign expense limit formula of $0.50 per elector is too low, particularly if the voters' list becomes more accurate and the city moves to 57 wards. This would significantly reduce the number of names on the list for each ward;

b) the time lines between voting day (November 10, 1997), the end of the campaign period (December 1, 1997) and the financial statement filing date (January 31, 1998) were too tight for candidates to properly close out their campaign accounts;

c) the requirement for candidates in deficit positions to file supplementary audited financial statements every three months is very cumbersome and expensive;

d) the fact that contributors cannot receive their rebates until candidates close off their campaigns creates an incredible amount of pressure on the candidates and jeopardizes the participation of these contributors in future elections. This was a requirement imposed by Ontario Regulation 172/97. For future elections Council has total flexibility in the design and administration of a rebate program;

e) the Clerk should develop a brochure for candidates to send to contributors that explains the contribution rebate application process;

f) the Chief Financial Officer and Treasurer and the City Auditor should review all audited financial statements prior to any rebate applications being approved for payment; and

g) City Council should carefully consider whether or not to adopt a contribution rebate program for future elections.

1.3 Nominations

The following nominations were processed for the 1997 municipal election:

Office Nominations Withdrawals Certified Rejected
Mayor 23 3 20
Councillor 213 20 193
Public School Trustee 114 19 94 1
Public French Trustee 3 0 3
Separate School Trustee 61 11 50
Separate French Trustee 5 1 4
Totals 419 54 364 1

The nomination paper must be completed in full and filed in person with the Clerk by the candidate or an agent of the candidate. The nomination paper may not be faxed to the Clerk's office. A candidate must be nominated in order to raise or spend money on his/her campaign.

The Clerk must be satisfied that a person is qualified to be nominated and that the nomination complies with the Municipal Elections Act, 1996 prior to certifying the nomination paper. Accordingly, all candidates will be requested to provide election officials with suitable proof of identity and qualifying address when filing a nomination paper. Acceptable proof would be any official documentation, or combination of documentation, that contains the name, signature and qualifying address of the candidate, such as a driver's licence or a tax bill indicating name and address together with another document which bears their name and signature.

If a proposed candidate has no permanent address, the Municipal Elections Act, 1996 provides the opportunity for them to take an affidavit to swear their place of residence as being the location to which they return most often to sleep. This affidavit would suffice as proof of their qualifying address.

A candidate must be a qualified elector. The qualification period for municipal elections is the Tuesday following Labour Day to voting day. This leaves the Clerk in a dilemma as candidates can file nomination papers commencing January 4, 2000.

All nominated candidates will be required to attend at the Clerk's Office, City Hall, between the dates of September 5 and October 13, 2000 to take a declaration confirming the status of their qualifications. Failure to take the declaration of qualification will result in a rejected nomination.

Nominations were received at the six civic centres for the 1997 municipal election. This created an unusual amount of confusion, particularly when a candidate chose to be nominated for one office in one civic centre, then withdrew that nomination in another civic centre and then was nominated again for yet another office at a third civic centre.

Nominations will only be accepted at the Clerk's Office, City Hall, in order to properly manage the nomination and withdrawal processes.

The Clerk will certify the nomination papers of all persons qualified to be nominated, whose nomination papers and declaration comply with the Municipal Elections Act, 1996, on or before 4 p.m., October 16, 2000.

1.3.1 Withdrawals

A candidate may withdraw his/her nomination by filing a written withdrawal in the Clerk's Office, City Hall, by 5:00 p.m. on October 16, 2000.

The legislative amendment report is recommending that the Act be amended to require that a candidate or his/her agent must file the withdrawal letter in person and produce acceptable identification in order for the withdrawal to be accepted. Acceptable proof to include any official documentation, or combination of documentation, that contains the name, signature and address of the candidate, such as a driver's licence or a tax bill indicating name and address together with another document which bears their name and signature.

1.4 Rights

1.4.1 Materials

Nominated candidates are entitled to receive the following materials free of charge:

a) upon written request, one printed copy of the voters' list containing the names of those electors entitled to vote for them; available in the Clerk's Office starting September 1, 2000;

b) copies of the Nomination Form; available in the Clerk's Office starting December 1, 1999;

c) one copy of the ward map with subdivision splits for the ward in which they are nominated; available in the Clerk's Office starting September 1, 2000;

d) one copy of the list of the voting places for the ward in which they are nominated; available in the Clerk's Office on or after September 1, 2000;

e) a candidate's guide; available in the Clerk's Office starting January 4, 2000;

f) upon written request and if a by-law has been passed, numbered receipts for the purposes of a contribution rebate program; available in the Clerk's Office starting March 1, 2000;

g) on or before Nomination Day, a copy of the procedures established by the Clerk for the use of voting/vote-counting equipment;

h) on or before October 23, 2000, a certificate indicating the maximum allowed expenses for the office the candidate has been nominated for;

i) one copy of the 1997 poll by poll results for the ward in which they are nominated; available in the Clerk's Office starting January 4, 2000;

j) upon request, a list of voters who voted at the advance voting;

k) financial forms; available in the Clerk's Office after September 1, 2000; and

l) one copy of the Clerk's official declaration of the results; available in the Clerk's Office after 12:30 p.m., November 16, 2000.

If candidates wish to obtain additional copies of materials, the following charges will apply:

a) copies of the voters' list at $50.00 per ward for each printed copy and $250.00 for a computer disk;

b) copies of the ward maps at $50.00 per map for each printed copy;

c) copies of the 1997 poll by poll results at $0.50 per page;

d) copies of the list of voting places at $0.50 per page; and

e) copies of the Clerk's official declaration of the results at $0.50 per page.

1.4.2 Scrutineers

Subsection 16(1) of the Municipal Elections Act, 1996 permits candidates to appoint scrutineers to represent them during the conduct of the vote. The appointment must be in writing using the form provided by the Clerk. In the City of Toronto, a candidate is entitled to appoint one scrutineer for each ballot issuing station in the voting place, as well as one scrutineer at the vote tabulator. The number of scrutineers permitted in a voting place is reduced by one when the candidate who appointed them is present.

Section 49 of the Act requires that all persons present in a voting place must maintain the secrecy of the vote. Candidates and their scrutineers will be required to take an oath of secrecy.

Candidates and their scrutineers have a number of rights in voting places, including the following:

a) to enter the voting place 15 minutes before it opens and to inspect the ballot boxes, the ballots and all other election documents, but not so as to delay the opening of the voting place;

b) to object to a person voting (objections to be determined by an election official); and

c) to sign the statement of the results of the election.

Voting place staff will be instructed to assist candidates and scrutineers by allowing them to review the voters' list during slow periods but not so as to impede the normal operation of the voting place.

Candidates and scrutineers are prohibited from the following:

a) attempting, directly or indirectly to interfere with how an elector votes;

b) displaying a candidate's election material in a voting place (including buttons, pins, etc.);

c) compromising the secrecy of voting;

d) obtaining or attempting to obtain in a voting place any information about how an elector intends to vote or has voted; and

e) communicating any information obtained at a voting place about how an elector intends to vote or has voted.

The role of candidates and scrutineers in the voting place is to scrutinize the integrity of the process, it is not a communicative role. Concerns have been expressed in the past over candidates and scrutineers talking to the voters, especially in languages that are not understood by the voting place staff. To avoid any potential problems, voting place staff will be instructed to prohibit candidates and scrutineers from talking directly to voters in the voting place.

The City of Toronto will be using vote-counting tabulators and touch screen voting equipment in the 2000 election. The Clerk is required to establish procedures for the use of the equipment and provide candidates with a copy. These procedures may supersede the provisions of the Act provided they are consistent with the principles of the Act. To protect the secrecy of the vote, candidates and scrutineers will be unable to view the ballots or to object to ballots or the counting of votes in a ballot as provided by clauses 47(5)(e) and 47(5)(f) and subsection 54(3) of the Municipal Elections Act, 1996 as the ballots are being fed into the vote tabulator by the election official, or as the elector votes using the touch screen voting unit.

1.4.3 Results

The results provided by the Elections Office on election night are unofficial results. The unofficial results will be available on the City's web site; projected on monitors located on the second floor, City Hall; available through regular media reports on television sets in the other five civic centres; printed copies will be posted in each of the voting places giving the vote results of that voting place and the media will be provided access to a results database at a cost to be determined.

The official results will be announced by the City Clerk, in the Council Chambers, City Hall, at 12:30 p.m. on November 16, 2000, following which copies will be available for interested parties.

1.4.4 Voting Places

Candidates, or their scrutineers, are entitled to be present in the voting places during the conduct of the vote. The Municipal Elections Act, 1996 places certain restrictions on the activities of candidates and scrutineers in the voting place, as outlined in Section 1.4.2. The voting place is deemed by the Clerk to include the entire building and the property on which it is located.

The following definitions are established for voting places:

a) multi-residential buildings, where the voting place is in the lobby: the lobby, main entranceway, main floor halls, elevators and the outside property including fences;

b) multi-residential buildings, where the voting place is in a room other than the lobby: the lobby, main entranceway, main floor halls leading to the elevators, elevators, the hallways on the floor that the voting place is located on and the outside property including fences;

c) Community Centres: anywhere on the property owned by the Community Centre, including fences;

d) schools: anywhere on the property owned by the School Board, including fences; and

e) churches: anywhere on the property owned by the Church, including fences.

1.5 Financial Filing

1.5.1 Campaign Period

A candidate's campaign period commences on the day he/she files a nomination and ends on December 1, 2000. If the candidate withdraws, or the Clerk rejects the nomination, the campaign period ends on the date of the withdrawal or the rejection as the case may be.

The legislative amendment report, which is before the Committee today, recommends that January 31, 2001 would be a more reasonable date for the end of the campaign period.

A candidate is entitled to extend his/her campaign period in order to erase a deficit. The campaign period currently continues until the deficit is eliminated, the candidate advises the Clerk he/she no longer wishes to accept contributions, or files a nomination paper in a subsequent election for an office on Toronto City Council.

The legislative amendment report recommends that the right to continue fund-raising be limited to one additional year period, after which the campaign period would end.

1.5.2 Limitations

The Municipal Elections Act, 1996 places the following restrictions on campaign contributions and expenses:

a) contributions may not be accepted nor expenses incurred outside the candidate's campaign period;

b) the maximum contribution from any one individual contributor to a candidate for mayor is $2,500.00; and

c) the maximum contribution from any one individual contributor to a candidate for councillor is $750.00.

The Municipal Elections Act, 1996 provides the following formulas for the Clerk to determine campaign expense limits:

a) the limit on campaign expenses for the mayor's office is $5,500.00, plus $0.50 per elector entitled to vote for the office; and

b) the limit on campaign expenses for the councillor's office is $3,500.00, plus $0.50 per elector eligible to vote for the office (on a ward basis).

The legislative report recommends that the $0.50 per voter be increased to offset the anticipated reduction in names on the voters' list associated with a more accurate list and the potential change in the number of City Wards from 28 to 57. In deciding on an appropriate increase, it is suggested the Province consider the Provincial candidate spending limit of $0.96 per elector.

1.5.3 Filing Requirements

The candidate's financial statements are required to be filed by 5:00 p.m. on January 31, 2001. If the campaign period is continuing to erase a deficit, the candidate must file supplementary financial statements covering each three month period that his/her campaign continues. This supplementary statement must be filed within one month of the end of each three month period.

The legislative report is recommending that the initial campaign period end on January 31, 2001 with a filing date of March 31, 2001. It is also suggested that candidates in a deficit position be limited to only one additional supplementary filing requirement, to take place when the deficit is erased, when the candidate files a nomination paper in a subsequent election for an office on Toronto City Council or after a one year additional campaign period, whichever occurs first.

2.0 VOTERS' LIST

Staff maintain representation on the Elections Project Team of the Association of Municipal Managers, Clerks and Treasurers of Ontario and represented the Association on a working committee reviewing the permanent voters' list with the Provincial and Federal Government.

2.1 1997 Experience

The 1997 voters' list was of extremely poor quality. The list was inaccurate and out of date, containing names of individuals who were not qualified electors, who no longer resided at the address or who were deceased. This was probably due, in part, to electoral confusion arising from the Federal door-to-door enumeration conducted two weeks prior to the Provincial mail-out enumeration.

Regular updating of the voters' list was usually not undertaken by the assessment offices. For example, revisions to the voters' lists from previous elections were not entered into the database, necessitating electors to repeatedly add their names to the list each election.

The voters' list was delivered in six parts based on the six former municipalities. Six parts meant the duplicate name removal process was applied on each of the six parts, not on the complete list.

In addition to increasing the potential for electoral fraud, an inaccurate list makes effective election management a challenge. The addition of 103,687 electors to the list on voting day presented challenges in keeping voting places supplied with ballots and revision forms.

Voters' list statistics for 1994 and 1997:

1994 East York Etobicoke North York Scarborough Toronto York
Population 98,594 *328,700 557,869 501,524 590,838 *137,000
No. of Electors 75,925 222,306 376,902 345,505 442,980 94,000
No. that voted 27,159 79,707 117,260 114,556 **174,762 **36,325
% that voted 35.77 35.9 31.1 33.16 39.45 38.64


1997 East York Etobicoke North York Scarborough Toronto York
Population 101,659 *328,700 *554,718 530,324 609,699 *137,000
No. of Electors 73,773 220,473 374,221 353,188 446,914 93,945
No. that voted 37,511 102,374 194,812 156,989 **227,135 41,768
% that voted 50.85 46.4 52.1 44.5 50.8 44.5
No. of revisions 3,430 7,829 21,636 14,989 51,100 4,703
Actual % 48.59 44.84 49.21 42.64 45.61 42.34

* Population figures are approximated

** Total vote is taken from the total ballots cast for Mayor

City of Toronto totals for 1997:

Population 2,262,100

No. of Electors 1,562,514 (does not include revisions)

No. revisions at voting place 103,687

Total No. of Electors 1,666,201 (amended list plus election day revisions)

No. that voted 760,589

Actual percent turnout 45.65%

2.2 Consultations

The inaccuracy of the voters' list was reflected in the following comments:

a) names on the list were out of order, some names appeared more than once and the list contained the names of deceased electors;

b) it is too easy to get on the list and very difficult to have a name removed;

c) the voters' lists for multi-residential properties were extremely poor;

d) to increase accuracy, voters' lists should be compiled closer to voting day;

e) voters should be requested to provide identification prior to receiving a ballot to ensure only eligible electors are entitled to vote;

f) 84.2 percent of the voters surveyed in the East York by-election and 85.8 percent of the voters surveyed in the Scarborough Highland Creek by-election indicated they did not mind being requested to provide identification prior to receiving a ballot;

g) it is difficult for scrutineers to monitor who has voted; and

h) the list of electors who voted should be made available to candidates and electors following the election to ensure the electoral process was not abused.

2.3 Source - Ontario Property Assessment Corporation

The Ontario Property Assessment Corporation (OPAC), through its regional assessment offices, is responsible for the provision of voters' lists for municipal elections. The list is generated from OPAC's assessment roll database which serves a variety of other functions in addition to voters' list production.

While data on owner occupied property is generally of good quality, tenants in multi-residential properties are not adequately captured. A recent amendment to section 16.1 of the Assessment Act, which requires landlords of multi-residential properties to annually forward a listing of residents to OPAC by July 30, may result in a more accurate record of these electors. In an election year, OPAC is required to provide the Clerk with the preliminary list of electors on July 31, so the resident information on the list will be 1½ years out of date.

The legislative amendment report recommends that the Assessment Act be amended to change July 30 to May 31 to ensure updated resident names are included on the voters' list.

The Municipal Elections Act, 1996 no longer requires OPAC to enumerate university students and residents of psychiatric hospitals in September of an election year. Elections staff are currently investigating ways to conduct this enumeration to capture the names of eligible electors.

Election staff have met with officials from the four regional assessment offices in the City of Toronto to discuss the quality of the voters' list for the 2000 municipal election. OPAC staff appear to be committed to providing a more accurate voters' list and have expended resources to update their database from the 1997 revision forms and the landlord supplied information on occupants.

2.4 National Register of Electors (NRE)

On December 18, 1996, Parliament amended the Canada Elections Act to create an automated database of qualified electors. The NRE was based upon the last Federal door-to-door enumeration conducted in April, 1997. Elections Canada updates the register quarterly, using data (name, address, date of birth) from Federal and Provincial sources - Revenue Canada income tax returns; Provincial driver's licence and health card records for those who change addresses or reach the age of eighteen; provincial vital statistics for deaths and Citizenship and Immigration for new Canadians. In 1998, approximately 80 percent of income tax filers gave permission for Revenue Canada to provide their name, address and date of birth to Elections Canada.

In addition, any information an elector may provide during an election revision period is used to update the register. Any potential information is subject to careful scrutiny and data quality verification prior to the register being updated.

Talks have been ongoing since June, 1998 between Elections Canada, Elections Ontario, OPAC and the Ministry of Municipal Affairs and Housing on sharing the data from the federal register of electors for provincial and municipal election purposes. The only municipal obstacles to using the register appear to be the identification of the school board qualification for each voter and the collection of names of non-resident voters. It is expected the use of this database will significantly improve the quality of the municipal voters' list. It is not known whether this data sharing will be implemented in time for the 2000 municipal elections. While the Province of Ontario used the national register of electors for its June 3, 1999 election, no reports have yet been released on the success of this initiative.

2.5 Amendments

2.5.1 Revisions to the Voters' List

During the period beginning on September 5, 2000 through to the close of voting on voting day, an elector may apply to the Clerk to have his/her name added to the list, deleted from the list or to amend the information on the list (e.g. school support). The application may be made by mail or in person if filed by the applicant. If the application is being made by an agent for the applicant, the application must be filed in person.

During the period beginning on September 5, 2000 through to nomination day, an individual may make an application to the Clerk to have the name of an elector removed from the voters' list. The application may be made by mail or in person if filed by the applicant. If the application is being made by an agent of the applicant, the application must be filed in person. The Clerk is required to hold a hearing to determine whether or not the elector's name should be removed from the list. A hearing is not required to remove the name of a deceased person.

Revision applications will be accepted at all six district offices during the period September 5, 2000 to October 13, 2000 and at all Ward Centres from October 17, 2000 to voting day, November 13, 2000.

2.5.2 Voting Day

On voting day an eligible elector may have his/her name added to the voters' list or have the information on the list amended (e.g. school support) directly at the voting place.

2.6 List of Electors Who Voted

2.6.1 Advance Voting

Certified candidates are entitled to a list of those who have voted at each day of the advance vote. These lists will be made available to candidates at the Clerk's Office the day following the close of each advance voting place.

2.6.2 Voting Day

Subsection 88(6) of the Municipal Elections Act, 1996 provides that the list of those electors who voted on voting day is to be secured in the ballot box and can only be accessed by a judge's order. Scrutineers present at the voting places may maintain their own lists of electors who have voted.

Candidates have argued that the audit trail at the voting place is fine for the numbers, however, they want to know who voted. This argument is continually presented by candidates seeking recounts, arguing that some voters' names were voted when in fact the voter did not vote.

The legislative report is recommending an amendment be made to the Municipal Elections Act, 1996 to permit this post election day scrutiny.

3.0 ELECTION MANAGEMENT

3.1 1997 Experience

Warren Bailie, Ontario's Chief Election Officer, was appointed by the Minister of Municipal Affairs and Housing to oversee the 1997 municipal election. Mr. Bailie was assisted in this task by the former municipal clerks and their staff, together with staff of the Ministry.

While Mr. Bailie was responsible for ensuring standardization in election practices so that candidates and electors across the entire new City would be treated equitably, the day-to-day election management was generally left to the discretion of the former municipal clerks.

Staff from the former municipalities worked together to develop materials, such as the candidate's guide and a communication plan, that were common across the entire City. Staff from North York worked closely with the election staff in East York and York who were using poll level optical scan tabulator units for the first time. Similarly, staff from Etobicoke and Scarborough collaborated on common processes and procedures related to their optical scan central count tabulator units.

For the most part, the traditional election management practices of the former municipalities were continued, with each Clerk developing their own election day response system.

3.2 Consultations

Comments received from the stakeholders generally centered around the difficulties that were experienced in 1997:

a) to reduce the potential for electoral fraud, electors should be requested to produce appropriate identification prior to receiving a ballot;

b) the role and responsibilities of scrutineers should be clearly defined in advance and their activity should be monitored in the voting place;

c) the revision process at the voting place to add a name to the voters' list was too slow;

d) there were insufficient numbers of election officials at the voting places;

e) the election officials at the voting places were inadequately trained;

f) candidates should be approached to recommend potential staff for the voting places, similar to the federal and provincial practice;

g) there were insufficient ballots and revision forms at some voting places and the process to deliver additional supplies was too slow;

h) there was an inadequate response time to voting place difficulties;

i) some of the voting places were too large, resulting in inconvenience for the electors;

j) candidates should have ready access to election administration staff on voting day to resolve issues; and

k) the person in charge at the voting place had too many specific job responsibilities to adequately manage the voting place activities.

3.3 Election Team

3.3.1 Roles and Responsibilities

The election team, under the direction of the City Clerk, is comprised of a director, three senior election consultants, five election co-ordinators and an administrative assistant. Team members collectively possess over 100 years of experience in managing municipal elections.

The election team is charged with the responsibility of managing the 2000 election process in accordance with legislative requirements and democratic principles to ensure all eligible electors have the opportunity to exercise their right to vote.

Staff are currently researching, planning and organizing the 2000 municipal election. Specific projects are detailed throughout this report. It is staff's goal to have all the policies, procedures, set-up functions, documents, training materials and other necessary information ready by the end of 1999 so that staff can concentrate solely on implementation issues in the year 2000.

Given the size and scope of the City's election, it is necessary that certain functions be delegated to temporary personnel. Proper training and performance monitoring will consume a great deal of staff's time in the year 2000.

3.3.2 Election Warehouse

Election staff need to secure adequate warehouse space in order to prepare for the 2000 municipal election. Approximately 30,000 square feet is required - 10,000 for storage and offices and 20,000 for equipment testing and supply distribution.

The existing sites of the former six municipalities are inadequate both in terms of size and the fact they are scattered throughout the City. In response to other departments' space demands and the rationalization of the continued ownership of certain City-owned properties, election staff have been requested to vacate the election warehouses used by the former municipalities of North York and Toronto.

Ideally, the new facility would be centrally located on a major highway to ensure ease of access for election officials and distribution of supplies. It is critical this site be obtained late in 1999 so that proper preparation for the election can commence. Negotiations are ongoing with Facilities and Real Estate Division in an effort to secure a location as soon as possible.

3.4 Ward Management

A decentralized model will be established to enhance service delivery to voters.

3.4.1 Roles and Responsibilities

In order to properly manage the 2000 election, a system of Ward Centres under the supervision of Ward Managers will be established, similar in nature to the Returning Officer concept of federal and provincial elections. Each Ward Manager will be responsible for certain election functions in one of the existing 28 City wards.

Reporting to the election team, the Ward Managers will be responsible for the following functions within their ward:

a) directing and managing voting places in accordance with the requirements of the Municipal Elections Act, 1996;

b) managing a staff of approximately 30 supervisors and in excess of 150 election officials on voting day;

c) inspecting voting places prior to election day;

d) managing revisions to the voters' lists and certifying proxy voting forms;

e) training election day personnel and distributing necessary supplies to staff;

f) resolving problems and handling difficult situations on voting day;

g) supervising and evaluating assigned support staff;

h) completing performance appraisals on assigned supervisors;

i) maintaining various databases;

j) ensuring election night results are transmitted to election central headquarters; and

k) ensuring supplies are returned to the election warehouse.

3.4.2 Process

The Ward Managers will be hired for the period October 10, 2000 through to November 14, 2000 (36 days). The first week of their employment will be taken up with in-depth training by the election staff. Election staff will continue to monitor their performance and assist when necessary during the work term. They will be assigned one support staff to assist them with their duties.

Ward Centres will be located in the six civic centres or at City owned community or recreation centres and will be connected to the City's election database system.

The Ward Managers' offices will be open 7 days a week. These offices will establish a presence in each of the 28 wards to provide accessible service to electors.

3.5 Supervisors - Voting Day

A decentralized election day response model will be established. It is staff's goal to respond to any inquiries at the voting places within ten minutes and support and encourage voting place staff throughout the day.

3.5.1 Roles and Responsibilities

Approximately 400 supervisors will be hired for election day, each being responsible for four or five assigned voting places.

Duties include:

a) delivering and setting up vote tabulators, tabulator stands and ballot boxes to the voting places prior to the commencement of voting;

b) ensuring election officials open the voting places promptly at 10:00 a.m.;

c) ensuring voting places are managed in accordance with the requirements of the Municipal Elections Act, 1996;

d) distributing additional supplies to voting places as required;

e) conducting on-going training of election officials in voting places;

f) resolving problems and handling difficult situations on voting day;

g) monitoring and supervising the activities of election officials;

h) solving tabulator problems;

i) conducting performance appraisals on Managing Deputy Returning Officers and Deputy Returning Officers;

j) ensuring voting places are closed at 8:00 p.m. and election results are transmitted to election headquarters; and

k) ensuring supplies are returned to a designated location.

3.5.2 Process

The Supervisors will work under the direction of the Ward Managers but will receive their initial training from election staff.

4.0 VOTING PLACE MANAGEMENT

4.1 1997 Experience

While the election management practices of the former municipal clerks were used for the most part, there was agreement amongst the clerks to adopt the Managing Deputy Returning Officer set-up for the larger voting places. This was also identified as a way of cutting staff costs.

The higher than normal voter turnout in 1997 did present some difficulties in adequately managing voting places and providing sufficient supplies.

1997 voting place turnout statistics include the following anomalies:

Percentage Turnout 75 to 85 percent 86 to 100 percent 101+ percent
No. of Subdivisions 52 13 10

4.2 Consultations

Comments received from stakeholders generally centred around the difficulties that were experienced in 1997, including:

a) to reduce the potential for electoral fraud, electors should be requested to produce appropriate identification prior to receiving a ballot;

b) 84.2 percent of the voters surveyed in the East York by-election and 85.8 percent of the voters surveyed in the Scarborough Highland Creek by-election indicated they did not mind being requested to provide identification prior to receiving a ballot;

c) the role and responsibilities of scrutineers should be clearly defined in advance and their activity should be monitored in the voting place;

d) the designated boundaries of voting places need to be communicated to candidates so they are aware of where they may and may not campaign;

e) the revision process at the voting place to add a name to the voters' list was too slow;

f) there were insufficient numbers of election officials at the voting places;

g) the election officials at voting places were inadequately trained;

h) candidates should be approached to recommend potential staff for voting places, similar to the federal and provincial practice;

i) there were insufficient ballots and revision forms at some voting places and the process to deliver additional supplies was too slow;

j) there was an inadequate response time to voting place difficulties; and

k) the Managing Deputy Returning Officer had too many specific job responsibilities to adequately manage voting place activities.

4.3 Small Voting Places (<400 Voters)

Smaller voting places are those with less than 400 eligible electors. Voting places in apartment buildings, condominiums and institutions that are only intended for the electors living in the building would fall into this category. As these voting places have a fewer number of eligible electors to process during the course of voting day, it is not necessary to staff these locations to the same degree as larger voting places.

These smaller voting places will be staffed with one Deputy Returning Officer (DRO) and one Poll Clerk. See Section 7.3.2.6 and 7.3.2.7 for a listing of their job responsibilities.

4.4 Large Voting Places (>400 Voters)

These voting places are intended to handle a large number of electors and are typically located in schools and community centres, drawing electors from the surrounding neighbourhood. The size of the voting subdivision being serviced at one of these voting places is dependent upon factors such as the distance to travel to the voting place and the availability of parking or public transit.

The large voting places will be staffed with one Managing Deputy Returning Officer (MDRO), a number of Assistant Deputy Returning Officers (ADRO), one Tabulator Deputy Returning Officer (TDRO) and one Customer Service Clerk (CSC). See Section 7.3.2.2 to 7.3.2.5 for a listing of the job responsibilities for these positions.

The number of ADROs available at each voting place will depend upon the number of electors to be serviced and recognizes that approximately 70 percent of electors will come to vote in the last 2½ to 3 hours. The staffing model is predicated upon one ADRO processing 200 electors based upon a 50 percent voter turnout.

4.5 Processing Electors

4.5.1 General

Given the current state of the voters' list and to safeguard the integrity of the electoral process, all electors will be asked to provide identification prior to receiving a ballot and will be asked the question "have you voted yet in this election?".

4.5.2 Small Voting Places

The name of the elector will be crossed off the voters' list by the Poll Clerk. The DRO will instruct the elector how to properly mark the ballot and issue a ballot to the elector. Once an elector has voted, he/she will return the ballot to the DRO who will insert the ballot into the tabulator. If the ballot is rejected by the tabulator, the DRO will assist the elector in making the necessary correction to the ballot. In addition, the DRO will handle all requests for revisions to the voters' list, manage electors voting with a voting proxy and aid electors requiring assistance to vote.

4.5.3 Large Voting Places

The elector will be greeted by a Customer Service Clerk who will instruct the elector how to properly mark the ballot and direct the elector to an available Assistant Deputy Returning Officer (ADRO). The ADRO will cross the name of the elector off the voters' list and issue a ballot to the elector. In addition, the ADRO will handle requests for revisions to the voters' lists. Once an elector has voted, he/she will deliver the ballot to the Tabulator Deputy Returning Officer (TDRO) who will insert the ballot into the tabulator. If the ballot is rejected by the tabulator, the TDRO will assist the elector in making the necessary correction to the ballot.

The Managing Deputy Returning Officer (MDRO) will manage the voting place activity and handle electors voting with a voting proxy and aid electors requiring assistance to vote.

4.5.4 Institutions

Institutional voting place activity is similar to that of small voting places as detailed in section 4.5.2. Subsection 45(8) of the Municipal Elections Act, 1996 permits the DRO to attend on an elector anywhere within an institution to allow him/her to vote.

5.0 ADVANCE VOTING

5.1 1997 Experience

In 1997 there were two advance voting days held on the Saturday and Wednesday prior to voting day, with the voting places open from 12 noon to 8:00 p.m. The Municipal Elections Act, 1996 had removed the requirement for these two previously mandated advance voting days and left the number of days and hours of voting to a council's discretion, providing there was at least one advance voting day. However, to adequately serve the electors, a decision was made by Warren Bailie and the former municipal clerks to continue this traditional practice and the Province was requested to establish these days as advance voting days in the regulation.

In addition, continuous voting was available at the six civic centres between the hours of 9:00 a.m. and 6:00 p.m. during the period October 27, 1997 to October 31, 1997.

No. of Advance

Voting Locations

Nov. 1 and 5, 1997

Voter Turnout

Nov. 1 and 5, 1997

Voter Turnout

Continuous Voting

Oct. 27-31, 1997

East York 2 1,757 685
Etobicoke 4 4,454 916
North York 14 8,012 1,799
Scarborough 12 5,817 1,039
Toronto 16 9,346 1,433
York 2 1,212 321
Totals 50 30,598 6,193

5.2 Consultations

Comments were received on the following matters:

a) advance voting staff should be able to deal with the various languages spoken in the ward;

b) advance voting place locations should be accessible to the physically challenged; and

c) the list of electors who voted at the advance votes should be made available sooner to candidates.

5.3 Strategy

5.3.1 Accessibility

Subsection 45(2) of the Municipal Elections Act, 1996 requires the Clerk to consider the needs of the physically challenged in selecting voting place locations. Where possible, advance voting places will be accessible to the physically challenged. Unfortunately, there are some areas of the City where it is not possible to find an adequate voting place location which is accessible. In these situations, subsection 45(9) of the Act permits election officials to go to the elector anywhere within the area designated as the voting place to allow the elector to vote.

Physically challenged electors will also have the ability to vote during the continuous advance voting at the six civic centres which are accessible.

Staff are undertaking an outreach program to obtain the opinions of persons with disabilities on how we can address their needs. To date, staff have met with representatives of the CNIB Toronto Advocacy Committee and a representative of the Toronto Joint Committee for Persons with Disabilities.

5.3.2 Dates/Hours/Locations

As suggested by staff in the by-law report, which is before the Committee today, advance voting using the touch screen units will be conducted on Saturday, October 28, 2000 (12 noon to 6:00 p.m.) and Sunday, November 5, 2000 (12 noon to 5:00 p.m.) at several chosen locations throughout the City. An elector will be able to attend at any of these locations to vote as a touch screen voting unit is capable of storing all 285 ballot faces in its memory. These locations would be linked to the City's database so that an elector's name would be immediately deleted from the master voters' list to indicate he/she had voted.

Advance voting using tabulators will be conducted on Saturday, November 4, 2000 and Wednesday, November 8, 2000, between the hours of 12 noon to 8:00 p.m. 57 advance voting locations will be provided, one in each of the City's recommended new wards. Where possible the advance voting places will be located in City-owned community and recreation centres so that the voters' lists can be linked to the City's database.

5.3.3 Continuous Advance Voting

Staff are recommending in the by-law report that continuous advance voting will be available at the six civic centres, weekdays between the hours of 12 noon and 6:00 p.m. for the period beginning Monday, October 23, 2000 through to Friday, November 3, 2000. The touch screen units will be used for the continuous advance voting and the voters' list will be linked to the City's database so that an elector's name would be immediately deleted from the master voters' list to indicate he/she had voted.

5.4 Reporting of Advance Voting Results

Advance voting results are not available until after 8:00 p.m. on voting day.

6.0 VOTING PLACES

6.1 1997 Experience

For the most part, there were few changes to the voting places utilized in 1997 from those used in 1994. Etobicoke, Scarborough and York did reduce some of the voting places while attempting to maintain a reasonable service level.

Statistics on voting places in 1991, 1994 and 1997:

Municipality 1991 1994 1997
East York 44 44 44
Etobicoke 225 225 134
North York 381 382 382
Scarborough 460 550 279
Toronto 638 649 649
York 110 111 58
Totals 1,858 1,961 1,546


The higher than normal voter turnout in 1997 did present some difficulties in adequately managing the voting places and providing sufficient supplies in a timely fashion.

6.2 Consultations

Comments received from the stakeholders generally centred around the difficulties that were experienced in 1997, including:

a) there were too many voters for some of the locations, resulting in parking congestion, line-ups and frustrated voters;

b) some voters had to travel over a mile in order to vote; consideration should be given to establishing a maximum distance so all electors are treated equitably;

c) 64.4 percent of the voters surveyed in the East York by-election indicated they would not be willing to travel further to vote even if we increased the number of voting days;

d) 54.2 percent of electors surveyed in the Scarborough Highland Creek by-election indicated they would be willing to travel further to vote in order to save tax dollars, 45.8 percent said they would not;

e) only schools and community centres should be utilized as voting places; churches and libraries are too small and it is confusing to find the voting place within the building;

f) there was no standardization in determining which apartment buildings would have their own voting place; a consistent policy should be developed based upon either the number of units or the number of eligible electors;

g) a strategy must be developed to address disabled accessibility to voting places; and

h) the designated boundaries of voting places need to be communicated to candidates so they are aware of where they may or may not campaign.

6.3 Voting Subdivisions

Election staff are currently redesigning all the voting subdivisions in the City to bring them to a common standard so that electors will be treated equitably for the 2000 election.

Statistics on voting subdivisions in 1991, 1994 and 1997:

Municipality 1991 1994 1997
East York 150 150 44
Etobicoke 454 454 455
North York 381 382 382
Scarborough 720 683 294
Toronto 1,518 1,529 650
York 275 247 59
Totals 3,498 3,445 1,884


6.4 Voting Place Locations

6.4.1 Standardization

In addition to the revamping of the voting subdivisions, staff are identifying appropriate voting place locations in the new subdivisions that will standardize voting place accessibility across the City.

6.4.2 Criteria

The following criteria will be considered in identifying appropriate voting place locations:

a) electors will generally not have to travel more than 800 meters to a voting place;

b) adequate parking;

c) access to public transit;

d) accessibility for physically challenged electors;

e) building and fire code requirements;

f) where possible, electors will not have to cross a major arterial road;

g) equipped with adequate heat, lights, telephone and washrooms; and

h) multi-residential buildings with 200 or more units.

6.4.3 Institutions

Subsection 45(7) of the Municipal Elections Act, 1996 requires that a voting place be located in the following institutions on voting day:

a) a treatment or training institution for the Canadian Armed Forces personnel;

b) an institution of at least twenty beds for disabled, chronically ill or infirm persons; and

c) a retirement home of at least fifty beds.

The Act does authorize reduced voting hours in these institutions.

The voting places in these institutions will be open from 10:00 a.m. to 8:00 p.m., given the difficulties experienced in the 1997 election with reduced hours.

Staff are currently identifying these institutions and, where possible, will attempt to utilize these as voting places for voters in the surrounding neighbourhood.

7.0 HUMAN RESOURCES

7.1 1997 Experience

Voting place management and staffing practices varied among the former municipalities due, in part, to the three different methods of vote-counting employed in the 1997 election. A degree of standardization occurred with all former municipalities adopting the Managing Deputy Returning Officer (MDRO) model for larger voting places that had been used successfully in North York. These voting places were managed by a MDRO with a number of Assistant Deputy Returning Officers (ADRO) to issue ballots. Traditionally, the other municipalities had used smaller sized voting subdivisions with one Deputy Returning Officer and one Poll Clerk for each voting subdivision. Multiple small voting subdivisions would vote in one voting place.

In 1997 each municipal clerk utilized their historic listing of former election officials for staffing voting places within the former municipalities.

While each of the former municipalities had a database (electronic or manual) of former election officials, not all had a system for effectively evaluating their performance. This lack of performance appraisals presents challenges to the election staff in properly screening and testing election officials for the 2000 election.

7.2 Consultations

Stakeholder comments include the following:

a) voting place staff need to be more adequately screened and trained;

b) not enough supervisors to troubleshoot on voting day;

c) more customer service clerks (greeters) should be hired;

d) more election officials need to be hired to avoid line-ups at voting places;

e) city staff should not be hired for voting places;

f) candidates should be approached to recommend staff for voting places;

g) consideration should be given to hiring university students and senior citizens for the voting places;

h) the role of the Managing Deputy Returning Officer needs to be reviewed; and

i) efforts should be made to appoint staff with a second language to the appropriate areas.

7.3 Qualifications

7.3.1 General

All election day staff must be at least 18 years of age, with the exception of the Customer Service Clerk (CSC) and the election night return teams, who must be at least 16 years of age. No candidates or spouses of candidates will be considered for employment to avoid potential conflicts of interest.

All personnel must possess excellent customer service skills, and previous election experience and a second language are assets.

7.3.2 Positions/Responsibilities

7.3.2.1 General

Subsection 15(1) of the Municipal Elections Act, 1996 requires the Clerk to appoint a deputy returning officer for each voting place, but provides the Clerk with total discretion as to what other election officials are appointed for the voting place.

The ultimate goals of any election staffing model are the protection of the integrity and secrecy of the vote and efficient customer service. Activity at the voting places must be conducted in accordance with the requirements of the Municipal Elections Act, 1996 and democratic principles. Electors must be processed in an efficient and pleasant manner and line-ups during the peak voting hours of 5:00 p.m. to 8:00 p.m. must be avoided.

The electors' perception of their voting experience is greatly influenced by the calibre of the staff in the voting place. Having knowledgeable staff in the voting place means that electors, candidates and scrutineers are dealt with professionally and issues are resolved in a timely manner before they escalate into major problems.

The recruitment and training of approximately 10,000 election day workers is a very labour intensive task for the election staff. It is a difficult challenge to recruit a large number of qualified, knowledgeable staff for a one day event. The staffing model recognizes this and is structured to divide the job responsibilities in such a manner as to best utilize a limited number of knowledgeable staff. By breaking down the job tasks, not all election day staff need to be trained in all aspects of the voting place activity. For example, the Customer Service Clerks and the Tabulator Deputy Returning Officers have narrowly defined functions and only have to be trained to perform those functions.

The various job descriptions will be forwarded to the City's Human Resources Division for review and the establishment of a pay scale reflective of the hours to be worked and the job responsibilities.

7.3.2.2 Managing Deputy Returning Officer (MDRO)

MDRO staff will be the most knowledgeable personnel in the voting place, they will be in charge of voting place activity and will be trained in all job responsibilities. The MDRO model is used in those voting places intended to serve a large number of electors, typically located in schools or community centres, drawing electors from the surrounding neighbourhood.

MDROs are responsible for maintaining peace and order, managing the voting place in accordance with the requirements of the Municipal Elections Act, 1996 and democratic principles and managing a staff of four or more election officials. The MDRO ensures that all voters who are entitled to vote may do so, that no one votes more than once and handles all situations that may arise.

Key duties include:

a) inspecting voting places in advance to confirm acceptability;

b) receiving and verifying the number of ballots;

c) arriving at the voting place one hour before opening to post directional signs and set up the voting place;

d) administering all oaths;

e) monitoring activities of candidates and scrutineers;

f) overseeing revisions to the voters' list, managing proxy voting and aiding those electors requiring assistance to vote;

g) opening and closing the voting place in accordance with the Act and the Clerk's procedures;

h) being responsible for all paper work including accounting for all ballots;

i) evaluating the performance of all voting place staff; and

j) returning all documents, supplies and equipment to the Clerk.

7.3.2.3 Assistant Deputy Returning Officer (ADRO)

In the MDRO model, a number of ADROs are assigned to each voting place and are responsible for processing electors (validating elector eligibility, handling revisions to the voters' list and issuing ballots to qualified electors).

The number of ADROs available at each voting place will depend upon the number of electors to be serviced and recognizes that approximately 70 percent of electors will come to vote in the last 2½ to 3 hours. The staffing model is predicated upon one ADRO processing 200 electors based upon a 50 percent voter turnout.

Key duties include:

a) assisting the MDRO with his/her duties as listed in 7.3.2.2;

b) requesting identification from all electors to determine eligibility or administering an oral oath if elector does not have identification with them;

c) initialing and issuing ballots to eligible electors;

d) maintaining the official record of those electors who have voted;

e) managing revisions to the voters' list; and

f) telephoning in the vote results immediately at the conclusion of voting.

7.3.2.4 Tabulator Deputy Returning Officer (TDRO)

In the MDRO model, the TDRO is in charge of the vote tabulator, inserts the ballots from the electors into the tabulator and performs basic service to the tabulator.

This is a new position being introduced for the 2000 election. In the past, the MDRO was responsible for these duties, leaving little time to effectively manage the overall activities of the voting place.

Key duties include:

a) assisting the supervisor in setting up the tabulator and producing the zero tape;

b) receiving the ballot from the elector, checking for initials and inserting the ballot into the tabulator;

c) returning a rejected ballot to the elector for review and advising as to the reason the ballot was rejected (i.e. overvote, blank ballot, misread ballot);

d) performing basic service to the tabulator unit or determining if a technician is required to repair the unit;

e) handing out "I Voted" sticker and thanking the elector for voting;

f) printing out the vote totals after the voting place has closed; and

g) packing up the tabulator at the end of the night.

7.3.2.5 Customer Service Clerk (CSC)

In the MDRO model, the Customer Service Clerk will greet the elector, verify they are in the correct voting place and provide instructions to the elector.

Key duties include:

a) instructing electors to get their identification and vote-at-cards ready for examination by an ADRO;

b) demonstrating to electors how to mark the ballot;

c) directing electors to an available ADRO;

d) alerting the MDRO if a physically challenged elector requires assistance in voting;

e) closing off the line of electors waiting to vote at 8:00 p.m.; and

f) assisting the MDRO as required.

Customer Service Clerks will be used all day for the advance voting and from 4:00 p.m. to 8:00 p.m. on voting day. The MDRO will rotate the ADROs through this position from 10:00 a.m. to 4:00 p.m. on voting day.

7.3.2.6 Deputy Returning Officer (DRO)

The DRO model is used in those voting places in apartment buildings, condominiums and institutions that are intended only for the use of the electors living in the building. This restricted use is usually related to the building owner's reluctance to permit outside electors onto the premises for voting purposes. These voting places have a fewer number of eligible electors to process during the course of election day and therefore do not require the same level of staffing as the larger voting places.

The DRO is responsible for maintaining peace and order, managing the voting place in accordance with the requirements of the Municipal Elections Act, 1996 and democratic principles and managing a staff of one, the Poll Clerk. The DRO ensures that all voters who are entitled to vote may do so, that no one votes more than once and handles all situations that may arise.

Key duties include:

a) inspecting voting place in advance to confirm acceptability;

b) receiving and verifying the number of ballots;

c) arriving at the voting place one hour before opening to post directional signs and set up the voting place;

d) administering all oaths;

e) monitoring activities of candidates and scrutineers;

f) managing revisions to the voters' list and proxy voting and aiding electors requiring assistance to vote;

g) opening and closing the voting place in accordance with the Act and the Clerk's procedures;

h) handling all paper work including accounting for all ballots;

i) evaluating performance of voting place staff; and

j) returning all documents, supplies and equipment to the Clerk.

7.3.2.7 Poll Clerk

The poll clerk assists the DRO with his/her duties as listed in 7.3.2.6.

Key duties include:

a) maintaining a list of electors who have voted at the voting place; and

b) telephoning in the vote results immediately at the conclusion of voting.

7.3.2.8 Election Night Return Teams

Staff are responsible for receiving and verifying the return of all election equipment and supplies from the MDROs and DROs at the return locations.

Key duties include:

a) removing equipment and supplies from the cars of the MDROs and DROs;

b) tracking equipment and supplies returned to ensure nothing is missing; and

c) loading the equipment and supplies into a truck for delivery to the election warehouse and unloading the truck at the warehouse.

7.4 Recruit

7.4.1 General

An active recruitment strategy is being developed to recruit approximately 10,000 election day staff. Potential vehicles include the existing databases of the former municipalities, the City's Intranet and Internet Sites as well as media advertising.

The extent of the corporate support for the 2000 municipal election needs to be assessed to determine the participation level of City staff on election day. The details of this support need to be discussed with the Chief Administrative Officer and the Executive Director of Human Resources Division.

7.4.2 Open Houses

Election staff will conduct open houses in June of 2000 at each of the civic centres during a lunch hour for City staff and the general public. Election staff will explain the election process and available job opportunities/responsibilities.

These sessions will be advertised on the City's Intranet and Internet Web Site and press releases for the local media will be prepared. If there is sufficient interest, additional evening sessions for the general public will be held.

7.4.3 Mail Out

The City is fortunate in having a supply of individuals who have worked in previous elections from which to draw. Many have worked a number of elections and are very knowledgeable and committed to the task. Former workers will be evaluated in terms of their past performance level prior to being recruited for the 2000 election.

In June of 2000, election staff will conduct a mail-out to these former election day officials. Each kit will include an application form, a copy of the job description for the position they had previously held and contact names and telephone numbers for additional information. They will be encouraged to recruit additional potential staff from amongst their friends and family.

7.5 Screen

7.5.1 Test/Interview

All applicants will be required to complete an application form for review by election staff. MDROs, DROs, TDROs, ADROs and Poll Clerks will be required to complete a written test (7-8 questions) and be interviewed by election staff. (CSCs and Election Night Return Teams are not required to be tested or interviewed.) A physical test is administered to ensure they are able to lift and carry a tabulator (weight approximately 25 to 30 pounds).

7.5.2 Evaluate

All test and interview results will be reviewed to ensure that only capable individuals are appointed as election officials.

7.6 Appoint

7.6.1 Closeness to residence

Every effort will be made to appoint staff to a voting place in their neighbourhood. In addition to reducing traveling time, this practice increases the likelihood that election officials may recognize the eligible electors.

7.6.2 Languages

Every effort will be made to appoint staff fluent in a second language to a voting place in a neighbourhood where that language is spoken. This will be of assistance to electors whose first language is not English.

7.7 Training

7.7.1 General

Attendance at a training session is mandatory for all election day staff except for the CSCs and the Election Night Return Teams. To enhance the retention of information, training will occur as close to voting day as possible, i.e. during the week preceding voting day.

7.7.2 Manuals/Information Brochures

Comprehensive manuals will be produced for all election day personnel covering all job responsibilities and potential situations that may arise.

7.7.3 Lecture Format

Training will consist of the showing of a video, a lecture, hands-on practice with certain activities and a question and answer session. Training groups will be kept small, approximately 25 per session, to allow for maximum hands-on experience and questions and answers. Where possible, staff that will be working in the same voting place will be scheduled for the same training session.

7.7.4 Video

A video highlighting voting place activities will be produced and given to each MDRO and DRO for them to take home and review. This is the same video that will be shown at the training sessions.

7.8 Evaluation

7.8.1 Voting Day

Performance appraisals are conducted on all election officials by their immediate supervisor, e.g. the Ward Managers evaluate the Supervisors, the Supervisors evaluate the MDROs, etc. This system ensures the appraisal is completed by the person in the best position to critically monitor and assess the worker's performance.

7.8.2 Post Voting Day

After voting day, a detailed questionnaire is sent to all election day personnel requesting their comments and feedback on a variety of topics including an assessment of the training format and materials and an evaluation of the suitability of the voting place they worked in. Individuals are encouraged to suggest ways the process could be improved for future elections.

7.9 Employee Database for Future Elections

The performance appraisals of election day officials will be maintained in the database as a reference for future employment opportunities.

8.0 COMMUNICATIONS

8.1 1997 Experience

The former six municipalities had variations in their communication plans for municipal elections dependent upon the needs of the particular municipality. For the 1997 election a standardized communication plan was developed so that electors and candidates would be treated equitably across the entire City.

Election information was made available in those languages spoken in at least 2 percent of the households in the City (Chinese, Greek, Italian, Polish, Portuguese, Somali, Spanish, Tagalog, Tamil and Vietnamese), in addition to English and French.

Communications staff produced a tabloid containing election information for voters which was delivered to all households. The tabloid was a valuable information vehicle and received positive feedback.

An elections web site was developed to provide information to electors on the electoral process, including dates and times for voting and a listing of candidates by ward. An elector could type in their address and the system would tell them where to go to vote. It should be noted this web site won a national award.

Vote-at-cards were mailed to 1.1 million households informing the 1.6 million electors on the voters' list where to go for advance voting and on election day.

8.2 Consultations

Comments received from the Members of Council and the public reflect the desire to broaden the City's outreach program for the 2000 municipal election over that offered during the 1997 election.

a) the need to place more emphasis on a voter education program; in particular more direction is needed on how to properly mark the ballot;

b) voters residing in nursing homes and senior's residences may require additional voting instructions such as posters;

c) a language strategy needs to be developed to incorporate such items as use of the ethnic media, elector information being available in a variety of languages and voting places being staffed with election officials conversant in the language spoken in the area;

d) the Clerk should develop a brochure to explain the contribution rebate application process; and

e) ratepayers' groups and community groups should be utilized for distributing information on the electoral process to their members.

In addition, candidates commented that election night results were slow from Scarborough, Etobicoke and Toronto. They reiterated the problems that were experienced in 1997 with the web site results reporting (causing some media to report inaccurate numbers), a matter that will be addressed in 2000. Candidates were of the opinion a central location should be available for candidates to receive the vote results.

8.3 Goals/Objectives

It is critical that the election communication plan provide a clear, consistent message with a distinct and identifiable look.

Toronto is fortunate in the level of media attention given to the municipal election. Staff, in co-operation with Corporate Communications, are investigating methods to increase media coverage of the 2000 municipal election in the community and ethnic media.

8.3.1 Goal

To achieve a significant voter turnout in the 2000 election.

8.3.2 Objectives

a) to raise awareness of voting;

b) to encourage participation; and

c) to educate voters.

Specific themes that will be stressed include the advance voting opportunities, the requirement for electors to bring identification with them to the voting place and to remind electors to check to see if their name is on the voters' list.

8.4 Mandatory Notices

The Clerk is required under the Municipal Elections Act, 1996 to give notice of nominations (offices and procedures), any by-law or question on the ballot and to provide notice to electors on voting dates and hours, voting place locations and how to vote using a voting proxy. The manner and format of the notices is left to the discretion of the Clerk.

8.5 Discretionary

8.5.1 Vote-at-Cards

In 1997, 1.1 million vote-at-cards were mailed out to voters. In some municipalities, cards were mailed to each voter while in others cards were mailed to an address with all the voters' names on the one card. Canada Post charged third class bulk rates for the distribution of vote-at-cards, however, by directive received January 1998, Canada Post will now charge first class rates for all election materials that are addressed to an individual.

A vote-at-card will be mailed to each voter on the voters' list. This will increase our distribution to 1.6 million for the 2000 municipal election. The card will serve to advise the voter of the dates, hours and locations for advance voting opportunities and voting day along with the requirement to bring identification with them to the voting places.

While this mailed notification is no longer a mandatory requirement of the Act, it assists in directing electors as to where they go to vote and serves as a reminder that voting day is approaching.

8.5.2 Tabloid

The tabloid would include voting information (e.g. voting day, hours of voting, how to get additional information), a map of the ward boundaries and Toronto City Council's structure. The back page would include a paragraph in a variety of languages, suggesting that readers call the Election Information Call Centre for additional information which will have AT&T multilingual interpretation and TTY/Teletypewriter capabilities.

A 4-page tabloid format will be developed, on newsprint, in two or three colors. It will be delivered door-to-door to houses, multi-residential buildings and businesses using a private distributor. The tabloid would also be available in libraries, community and recreation centres, municipal buildings and Ward Managers' offices. The pages will also be provided to ethnic, community and university/college newspapers for possible inclusion in their regular layout.

8.5.3 Posters

Information posters will be posted in libraries, community and recreation centres, municipal buildings, Ward Managers' offices, social services agencies, schools, nursing homes and senior's residences. The objective of the posters is to raise the awareness of the 2000 election.

8.5.4 Media Releases

Media releases and public service announcements will be used as an effective and inexpensive way to announce key dates and events or significant information during the 2000 election period.

A media launch will be held early in September, 2000 at Toronto City Hall to kick-off the information campaign. A media kit, containing pertinent information on the election process, will be available for distribution.

8.5.5 Media Advertising

Advertisements will be placed in the Toronto Star, Globe and Mail, Toronto Sun and National Post as well as ethnic, community and university/college newspapers to raise awareness of the 2000 election and to encourage eligible voters to vote. These advertisements will advise electors how to check to see if their name is on the voters' list and the procedures for revising the list.

8.5.6 Transit Posters

Transit posters will be utilized to reach public transit users. Posters will be displayed in transit shelters and subway stations to reinforce public awareness of the 2000 election. This has been very popular in previous municipal elections.

8.5.7 Hydro/Water/Tax Bill Inserts

Depending on the availability and timing, inserts in the City's billing services will be utilized as an inexpensive vehicle for reaching the people of Toronto and reminding them of the upcoming municipal elections.

8.5.8 Universities/Colleges

Staff are exploring the possibility of public service announcements on the university and college radio stations and an information link on their web sites.

8.6 Languages

8.6.1 Languages in the Voting Places

Subsection 9(2) of the Municipal Elections Act, 1996 requires a Council by-law if notices and election information are to be provided in any language other than English.

Having elector information available in voting places in a variety of different languages is desirable to assist non-English speaking electors with voting place procedures and how to properly mark the ballot in the absence of election officials who can speak the language.

The by-law report is recommending that certain election information be made available in those languages spoken by at least 3 percent of the population in a ward. This threshold will result in information being made available in the following languages, in addition to English and French: Chinese, Greek, Italian, Polish, Portuguese, Punjabi, Spanish, Tagalog and Ukranian.

Pamphlets in a number of different languages explaining the voting procedure will be available in voting places for electors to use while they are voting.

8.7 Intranet/Internet

An election web site will be modeled on the successful 1997 version and be operational in early 2000. This is an effective and inexpensive way to provide election information to voters. With the increase in home computers with Internet access, individuals are relying more and more on this vehicle as an information source.

8.7.1 Job Opportunities

The site will include information on how to apply for employment, including available positions, duties, job qualifications, time commitments and election staff contact names and telephone numbers.

8.7.2 Candidates

The web site will include a listing of candidates running in each ward together with their address, telephone and fax numbers and campaign office location.

8.7.3 "Where to Vote"

Electors and City staff will be able to type in a municipal property address and obtain information as to the voting locations (both advance and on voting day) for that address. This system will be used by staff in the Call Centre.

7.6.4 Results

The unofficial election night results will be available on the web site as the results are reported to election central headquarters. The official election results will be posted on the web site as soon as possible after voting day.

8.7.5 Election Information

The web site will include general election information to assist electors, e.g. dates and times of both advance and regular voting days, the revision period process, how to get added to the list and how to vote by proxy. Information of benefit to candidates, such as a listing of voting place locations and the candidate's guide, which contains information helpful to candidates in understanding the legislative requirements, will be available to be downloaded to a personal computer.

8.8 Election Information Call Centre

A central information call centre, where the general public can obtain election information, will be in operation from September 5, 2000 to voting day. It will be staffed from 8:00 a.m. to 8:00 p.m. on weekdays and from 8:00 a.m. to 8:00 p.m. on Saturday, November 11, 2000 and Sunday, November 12, 2000. The call centre will have both voice mail capabilities and AT&T multilingual language and TTY/Teletypewriter capabilities to take incoming calls from non-English speaking voters and voters with special needs.

The call centre will be advertised in all election promotional materials including advertisements, media releases, tabloid, posters, etc.

The call centre staff will serve as the first line of response to public enquiries, receive requests for printed materials, mail out materials and answer basic election questions. Staff will have access to the voters' list and be able to advise callers if they are on the list, how to be added to the list and where they would go to vote.

8.9 Results

8.9.1 Internet

Election night results be made available on the web site as they are being reported to election headquarters.

8.9.2 Press

Toronto media will be provided an opportunity to purchase a service level for the reporting of results. Consideration is being given to offering the media a menu of service levels ranging from faxed results to a computer link. In addition to being a revenue source for the City, this ensures the media receive timely and accurate results.

8.9.3 Candidates

Candidates are entitled to results in the voting places. Voting place staff will be instructed to print and post a copy of the results after the close of the voting place.

Monitors with up to the minute unofficial results will be available for candidates and the public on election night from 8:00 p.m. to 2:00 a.m. on the second floor, City Hall. In addition, televisions sets will be provided in the other five civic centres to provide for regular media coverage of the election results.

Candidates are also entitled to receive a copy of the Clerk's official declaration of the results of the election which will be available after 12:30 p.m. on November 16, 2000.

8.9.4 Public

The majority of the public will obtain the unofficial election night results from media reports.

9.0 YOUTH VOTING

9.1 Background Information

In the United States, "Kids Voting USA" has been in existence since 1988. The three Arizona businessmen who founded this program were amazed to discover that Costa Rica experiences a 90% voter turnout in elections. This is attributed to the tradition of youth accompanying their parents to the voting places. Over the past ten years "Kids Voting USA" has grown to reach 40 states plus the District of Columbia, 5 million students, 200,000 teachers, 80,000 volunteers and 6,000 schools.

An increase in voter turnout of between 5% and 10% is attributed to the kids voting program in the United States. "Kids Voting USA" states "Kids voting was an influence in the decision of at least 600,000 adults to vote in the 1996 Presidential election."

In the United States, this program is delivered effectively through a combined effort of resources and support provided by the business community, educators, election officials and families. Prior to election day, students from kindergarten through to grade twelve are involved in an innovative curriculum with action-oriented activities that involve family, schools and the community. On election day, students either accompany their parents to the voting places or go on their own to cast their ballots. The student ballot is made up of the official candidates and questions, divided into sections. Depending on the student's grade level, they are directed to fill in the entire ballot or certain sections only.

9.2 Purpose

The youth voting program would give students the opportunity to learn:

a) decision making skills;

b) individual responsibility;

c) self-discipline;

d) civic-mindedness;

e) open-mindedness;

f) willingness to compromise;

g) respect for diversity; and

h) co-operation.

These skills are essential for good citizenship in our democratic society. A youth voting program can help to establish an informed electorate, increase voter turnout, increase awareness of democracy in our youth, empower our youth through increased decision making skills and cultivate lifelong voting tendencies in youth.

9.3 Partnerships

Partnerships with the following agencies are essential in order to effectively implement a youth voting program:

a) the four school boards in the City of Toronto;

b) the Ministry of Education and Training;

c) the Ontario Teachers' Federation;

d) the Ontario Conference of Independent Schools; and

e) the Learning Partnership (a non-profit organization of business people, educators, labour and community leaders).

While staff are continuing to pursue this initiative with the above noted partners, it appears that the Ministry of Education and Training is not prepared to make a commitment to the project at this time.

9.4 Role of City of Toronto in Youth Voting

The role of the City of Toronto would be limited to providing the opportunity for youth to attend at voting places, receive ballots and deposit ballots in a designated ballot box. Staff would provide ballots and assist in the coordination of the counting of the ballots.

10.0 Budget

10.1 1994 and 1997 Budget and Actual Comparisons

1994 Budget 1994 Actual 1997 Budget 1997 Actual
East York 233,500.00 170,482.00 135,000.00 122,259.00
Etobicoke 502,000.00 502,000.00 550,000.00 309,539.00
North York 848,714.00 697,969.00 877,297.00 876,573.00
Scarborough 926,400.00 766,195.00 994,900.00 669,727.00
Toronto 2,352,788.00 1,882,719.00 2,217,974.00 1,869,073.00
York 300,000.00 230,000.00 300,000.00 168,580.00
Total 5,163,402.00 4,249,365.00 5,075,171.00 *4,333,935.00

* includes $318,184.00 identified as transition costs

Services from other municipal departments, (e.g. facilities, information technology, parks and recreation, works) were provided free in 1997.

10.2 Impact Statement - Costs over and above 1997

increase the number of voting places 198,750.00
increase of one additional ADRO per voting place to deal with the impact of a 50 percent voter turnout as experienced in 1997 and to provide optimum customer service 240,500.00
best practice service leveling of one vote-at-card per elector; an increase of 500,000 cards (from 1.1 M to 1.6M) at a cost of $0.08 per card 40,000.00
postal rate increase for vote-at-cards, as advised by Canada Post, to first class mail rates - 1997 price for third class bulk rate was $0.23; estimated rate for 2000 is $0.40 - impact of 500,000 new cards at $0.40 and 1.1M cards at $0.17 387,000.00
cost of converting to heavy stock ballots for vote-counting equipment; 450,000 ballots in the former City of Toronto increasing $0.099 per ballot (from $0.08 to $0.179 - 1997 rates) 44,550.00
hiring of ward managers 302,400.00
conversion of the election call centre to best practices and responding to an obvious need as identified in the 1997 experience 46,060.00
provision of continuous advance voting at six district offices for 2 weeks rather than just one week 41,580.00
enhance service levels and balance the harmonization of voting places in multi-residential buildings 60,000.00
training of approximately 10,000 election day personnel over a five day period 88,200.00
provision of effective voting day response mechanisms 75,000.00
cost of 500,000 ballots for the youth voting program at $0.179 per ballot (1997 rates) 89,500.00
Purchase of election supplies 120,000.00
the accumulation and display of the unofficial results on election night 121,000.00

10.3 Total Costs

Estimated operating costs of the 2000 municipal election $5,870,400

The foregoing estimates are presented here for information only. A full budget submission will be presented as part of the Clerk's Division 2000 Operating Budget.

Conclusions:

The 2000 municipal election process is starting to take shape. Staff are challenging practices and procedures that have been tried in the past and are developing processes to positively impact all facets of the election. Every process being developed is paralleled with an alternative. Exciting new initiatives are being pursued, such as youth voting and a new customer service model in voting places. Election policies will be finalized by the end of 1999 so that 2000 can be spent on operational concerns. To date, everything is on track.

Contact Name:

John Hollins, Director of Elections, City Clerk's Division

Telephone: (416) 392-8019 E-mail: jhollins@toronto.ca

Novina Wong

City Clerk

 

   
Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@toronto.ca.

 

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