Report to: General Committee                               Date Report Authored: September 18, 2009

 

 

SUBJECT:                          Ward 3 By-Election: Early Voting, Special Voting Hours & Authorization for Use of Optical Scan Vote Tabulators

PREPARED BY:               Andrew Brouwer, Deputy Clerk, Ext. 8220

 

RECOMMENDATION:

 

1)      That the Report entitled “Ward 3 By-Election: Early Voting, Special Voting Hours & Authorization for Use of Optical Scan Vote Tabulators” be received; and,

 

2)      That Council pass a by-law to authorize the following early voting opportunities and special voting hours for the November 23, 2009 Ward 3 by-election:

 

            Early Voting Opportunities:

                        Saturday, November 14, 2009 & Sunday, November 15, 2009, both days:

10:00 a.m. – 6:00 p.m.

Varley Art Gallery

216 Main St Unionville, ON L3R 2H1

 

                        Special Voting Hours:

                        Monday, November 23, 2009:

                        10:00 a.m. – 6:00 p.m., at each of the following voting places:

 

                        Bethany Lodge

                        23 Second Street South

                        Markham, ON

 

                        Union Villa

                        4300 Highway 7

                        Markham, ON  L3R 1L8

 

                        Sunrise Assisted Care

                        38 Swansea Road

                        Markham, ON  L3R 5K2; and

 

3)      That Council pass a by-law to authorize the use of optical scan vote tabulators for the November 23, 2009 Ward 3 By-election; and further,

 

4)      That the cost of the November 23, 2009 By-election be funded from the election cost centre (310 311).

 

 

PURPOSE:

The purpose of this Report is to seek Council’s authorization for recommended early voting opportunities, special voting hours and the use of optical scan vote tabulators for the November 23, 2009 Ward 3 By-election.

 

BACKGROUND:

 

Early Voting Opportunities

 

Section 43 (1) of the Municipal Elections Act, 1996 (MEA) requires municipalities to pass a by-law authorizing one or more advance voting days.

 

There are no statutory restrictions on early voting participation (for example, a voter does not need to prove that he or she will be absent from Markham on November 23, 2009).  In fact, through the By-election communication plan, Ward 3 eligible voters will be encouraged to take advantage of early voting opportunities.

 

Special Voting Hours

 

Section 45 (7) of the MEA requires that a voting place be established in long term care facilities with 20 or more beds and in retirement homes with 50 or more beds.  Further, Council may pass a by-law under Section 46 (4) of the MEA providing for reduced voting hours in long term care facilities and retirement homes.  These provisions do not apply to senior’s apartments, although a voting place may be established for the eligible voters in such apartments (for example, the Heritage Centre on Anna Russell Way in Ward 3).

 

Optical Scan Vote Tabulators

 

Section 42 (1) permits a municipality to pass by-laws authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scan vote tabulators.  Optical scan vote tabulators have been used in Markham in a number of elections with proven accuracy, security and voter engagement.  At its September 15, 2009 meeting, Council waived the Town’s Procurement By-law to allow for sole sourcing to Election Systems and Software (ES & S) for provision of election equipment (optical scan vote tabulators) for the By-election.  ES & S was retained by the Town during the 2006 regular election to provide and support the deployment of optical scan vote tabulators.

 

OPTIONS/ DISCUSSION:

In the 2006 regular election, the Civic Centre (Canada Room) was used to accommodate early voting opportunities for eligible voters in Wards 3 and 6 between the hours of 10 a.m. and 6 p.m.  Staff recommend a more convenient location within Ward 3 itself and have determined the Varley Art Gallery to be appropriate.  Further, the hours of 10 a.m. to 6 p.m. continue to provide eligible voters sufficient time to vote.

 

 

Bethany Lodge, Union Villa and Sunrise Assisted Care have been established as facilities with special voting hours under Section 46 (4) of the MEA in the 2006 and previous regular elections.  Allowing for these facilities to be open from 10 a.m. to 6 p.m. allows for a sufficient window of time for voting and for by-election officials to provide additional assistance as required.

 

As authorized by Council, ES & S will provide optical scan vote counting equipment in the November 23, 2009 Ward 3 By-election.  In addition, accessible voting technologies will be used in conjunction with optical scan vote tabulators in some voting places, allowing voters with disabilities to vote more independently.  Accessible voting technologies will be demonstrated to the Accessibility Advisory Committee and their availability will be communicated to voters and candidates.

 

As outlined in the September 14, 2009 staff report to General Committee, given the short timeframe to organize and administer the By-election, an online voting option will not be available to voters in the November 23, 2009 Ward 3 By-election.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE:

The estimated cost of the Ward 3 By-election is $96,800, to be funded from the election cost centre (310 311) (see “Attachment C”).

 

Based on the 2006 general election, the average cost of the program (per registered candidate) is $9,696.00.  The rebate program is funded from the election cost centre, rebate program account (310 311 7883).

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not applicable.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable.

 

RECOMMENDED

 

 

 

                            BY:    ________________________          ________________________

Kimberley Kitteringham,                     Andy Taylor,

Town Clerk & Returning Officer         Commissioner of Corporate Services   

 

ATTACHMENTS:

Attachment “A” – A by-law establishing reduced hours of voting for institutions and retirement homes for the November 23, 2009 Ward 3 By-election

Attachment “B” – A by-law establishing the use of optical scan vote tabulators for the November 23, 2009 Ward 3 By-election

Attachment “C” – Estimated By-election Costs

Attachment “A”

BY-LAW

 

A by-law to provide for early voting opportunities

and reduced hours of voting for institutions and retirement homes

 for the November 23, 2009 Ward 3 By-election

 

WHEREAS Section 43(1) of the Municipal Elections Act, 1996 requires municipalities to pass a by-law authorizing one or more advance voting days; and,

 

WHEREAS section 46(1) of the Municipal Elections Act, 1996 provides that voting places shall be open on voting day between the hours of 10:00 a.m. and 8:00 p.m., and,

 

WHEREAS SECTION 46(3) OF THE AFORESAID Act provides that a municipal council may enact a by-law with respect to reduced voting hours in voting places in retirement homes or those institutions as defined in 45(7) of the said Act, where the voting place is only for the use of the residents;

 

NOW THEREFORE, the Council of the Corporation of the Town of Markham enacts as follows:

 

1.         The early voting opportunities shall be:

 

Saturday, November 14, 2009 & Sunday, November 15, 2009, both days:

10:00 a.m. – 6:00 p.m.

Varley Art Gallery

216 Main St Unionville, ON L3R 2H1

 

2.         The following locations shall be open for voting at reduced hours for those qualified electors residing therein:

 

Bethany Lodge                                     10:00 a.m. to 6:00 p.m.

23 Second Street South

Markham, ON L3R 2C2

 

Sunrise Assisted Care                           10:00 a.m. to 6:00 p.m.

38 Swansea Rd,

Markham, ON, L3R 5K2

 

Union Villa                                           10:00 a.m. to 6:00 p.m.

4300 Highway 7,

Markham, ON L3R 1L8

 

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS DAY OF , 2009.

 

_______________________________          ______________________________

KIMBERLEY KITTERINGHAM                   FRANK SCARPITTI

TOWN CLERK                                              MAYOR

Attachment “B”

 

BY-LAW

 

A By-law to Authorize the Use of Optical Scan Automated Vote Tabulators for the November 23, 2009 Ward 3 By-election

 

 

WHEREAS section 42 of the Municipal Elections Act, 1996 provides that a municipal council may enact a by-law authorizing the use of voting and vote counting equipment such as voting machines, voting recorders or optical scanning vote tabulators;

 

NOW THEREFORE, the Council of the Corporation of the Town of Markham enacts as follows:

 

 

1.      The use of optical scanning vote tabulators and touch screen voting is hereby authorized for the purpose of counting votes for the November 23, 2009 Ward 3 By-election.

 

 

 

 

 

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS

DAY OF , 2009.

 

 

 

 

 

 

________________________________              _____________________________

KIMBERLEY KITTERINGHAM                         FRANK SCARPITTI

TOWN CLERK                                                    MAYOR

Attachment “C”

ESTIMATED BY-ELECTION COSTS

 

ITEM

COST

Contracted employees         

0

Office Supplies and Printing

$15,000

Election Day staff

$15,000

Postage

$8,100

Voting place rental & furniture

$5,000

Voter notification Card Preparation

$6,200

DAtaFix/Voters’ List MGT

$6,000

Communications

$20,000

Miscellaneous   

$4,500

Leasing of voting system & internet:

Internet

Tabulators & support

Broker fees

 

N/A

$17,000

N/A

Total

$96,800