HomeMy Public PortalAboutAlternative Voting By-Law_No. 150_Effective 2020-08-05tllw7AH14rtApftTJM
C • 1
Effective Date:
August 5, 2020
Notice of Intention to Adopt —Council July 2, 2020 (2020-293)
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date — August 5, 2020
Alternative Voting By -Law (continued
Pale 12
ALTERNATIVE VOTING D T-LAW #150
Part 1 —Title and Purpose
BE IT ENACTED by the Council of the Municipality of the District of Chester, under the authority of
Section 146A of the Municipal Elections Act, 1989 R.S.N.S. c. 300, as amended, as follows:
Short Title
1. This By-law shall be known as By -Law Number 150 and may be cited as the "Alternative Voting
By-law".
Part 2 —Definitions
2. In this by-law:
a. "Act" means the Municipal Elections Act, 1989 R.S.N.S. c. 300, as amended;
b. "Advance Poll" means the Tuesday immediately preceding ordinary polling day; and
either
i) One other day fixed by the Council by resolution that is either Thursday, the ninth
day before ordinary polling day, or Saturday the seventh day before ordinary polling day;
or
ii) If Council has delegated its authority to fix a day to the Returning Officer, one
other day fixed by the Returning Officer that is either Thursday, the ninth before ordinary
polling day, or Saturday the seventh day before ordinary polling day;
c. "Alternative polling days" means any hours and dates fixed by a resolution of Council for
alternative
voting;
d. "Alternative voting" means voting by telephone or via the internet and includes a
combination of telephone and internet voting;
e. "Ballot box" means a computer database in the system where cast internet ballots and
telephone ballots are put;
f. "Candidate" means a person who has been nominated as a candidate pursuant to the
Act;
g. "Council" means the Council of the municipality;
h. "Deputy Returning Officer" means a person appointed under the Act to preside over a
polling station;
i. "Education Act" means the Education Act, 1995-1996 S.N.S. c. 1, as amended;
j. "Election" means an election held pursuant to the Act, including a school board election,
a special election, and a plebiscite;
k. "Election Officer" means an election official under the Act;
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date — August 5, 2020
Alternative 'Voting By -Law (continued
Pale 13
r.
s.
aa.
cc.
"Elector" means a person
i. qualified to vote pursuant to the Act and the Education Act; and
ii. entitled to vote for an election pursuant to [section 7] of this by-law;
"Friend voter" means a friend who votes for an elector pursuant to [section 9] of this by -
I aw;
"Internet ballot" means an image of a ballot on a computer screen including all the
choices available to an elector and the spaces in which an elector marks a vote;
"Municipality" means the Municipality of the District of Chester;
"Normal business hours" means the time between 8:30 am and 4:30 pm Monday through
to and including Friday;
"Ordinary polling day" means the third Saturday in October in a regular election year and
in the case of any other election means the Saturday fixed for the election;
"PIN" means the Personal Identification Number issued to:
i. an elector for alternative voting on alternative polling days; or
ii. to a System Elections Officer;
"Plebiscite" means a plebiscite directed to be held by the Council pursuant to
section 56 of the Act
"Proxy voter" means an elector who votes by a proxy pursuant to the Act;
"Regular election year" means 2008 and every fourth year thereafter;
"Rejected ballot" means the refusal by an electoral officer to accept a ballot in a race;
"Returning Officer" means a Returning Officer appointed pursuant to the Act;
"Seal" means to secure the ballot box and prevent internet and telephone ballots from
being cast;
"Special Election" means a special election held pursuant to the Act, including a special
election for a vacancy on a school board;
"Spoiled ballot" means an internet ballot or telephone ballot that is accepted by the
elector that:
i. is not marked for any candidate in a race; or
ii. is marked by an elector indicating a refusal to cast a vote for any candidate in a
race;
"System" means the technology, including software, that:
i. records and counts votes; and
ii. processes and stores the results of alternative voting during alternative polling
days;
"System Elections Officer" means:
i. a person who maintains, monitors, or audits the system, and
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date —August 5, 2020
Alternative Voting By -Law (continued
ii. a person who has access to the system beyond the access necessary to vote by
alternative voting, and
iii. a person who, pursuant to section 146A(3)(cd) of the Act, is appointed as auditor
to audit and monitor the performance of the system of voting.
dd. "Telephone ballot" means:
i. an audio set of instructions which describes the voting choices available to an
elector; and
ii. the marking of a selection by an elector by depressing the number on a touch
tone keypad .
Part 3 -Alternative Voting Permitted
3. Subject to this by-law, alternative voting shall be permitted on alternative polling days.
Part 4 -Notification of Electors
The Returning Officer shall cause notice of alternative polling days to be
newspaper circulating in the municipality.
(2) The notice of alternative polling days shall:
published
in a
(a) identify the alternative polling days for alternative voting; and
(b) inform the elector that telephone voting and internet voting is permitted
during alternative polling days.
(3) The notice may include any other information the Returning Officer deems necessary.
Part 5 -Form of Telephone and Internet Ballots
A telephone ballot and internet ballot shall:
(2)
Part 6 -oath
(a) identify by the title "Election for Mayor" or "Election for Councillor" or "Election
for School Board Member as the case may be;
(b) identify the name or names by which they are commonly known of the
candidates with given names followed by surnames, arranged alphabetically in
order of their surnames and, where necessary, their given names; and
(c) warn the elector to "vote for one candidate only" or "vote for not more than (the
number of candidates to be elected) candidates", as the case may be.
No title, honour, decoration or degree shall be included with a candidate(s) name on an
internet ballot or telephone ballot.
6. Any oath that is authorized or required shall be made:
(a) in the form specified by this by-law; or
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date —August 5, 2020
Alternative Voting By -Law (continued
Page 15
(b) if the form is not specified by this by-law, in the form required by the Act.
Part 7 — electors
7. No person shall vote by alternative voting unless:
(a) the person's name appears on the revised list of electors pursuant to section 50A
of the Act; o r
(b) the person's name does not appear on the revised list of electors and:
(i) the person appears before the Returning Officer or the Deputy Returning
Officer during normal business hours during alternative polling days; and
(ii) the person swears an oath in the prescribed form to this by-law.
Part 8 —Proxy Voting
8. A proxy voter shall not vote for an elector by alternative voting.
Part 9 —Friend Voting
A friend voter shall only vote for an elector by alternative voting if:
(2)
(3)
(4)
(5)
(a)
(b)
an elector is unable to vote because
(i) the elector is blind;
the elector cannot read; or
i) the elector has a physical disability that prevents they/them from voting
by alternative voting.
the elector and the friend appear, in person, before the Returning Officer
or the Deputy Returning Officer and take the prescribed oaths.
A candidate shall not act as a friend voter unless the elector is a child, grandchild,
brother, sister, parent, grandparent, or spouse of the candidate.
The elector shall take an oath in the prescribed form to this by-law providing that
they/them are incapable of voting without assistance.
The friend of the elector shall take an oath in the prescribed form to this by-law
that:
(a) the friend has not previously acted as a friend for any other elector in the
election other than an elector who is a child, grandchild, brother, sister, parent,
grandparentI or spouse of the friend of the elector;
(b) the friend will mark the ballot as requested by the elector; and
(c) the friend will keep secret the choice of the elector.
The Returning Officer shall enter in the poll book:
(a) the reason why the elector is unable to vote;
(b) the name of the friend; and
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading --Council -- Council July 30, 2020 (2020-333)
Effective Date —August 5, 2020
Alternative Voting gv-Law (continued) Pate 16
(c)
Part 10 -Voting
(2)
Part 11 -Seal
(2)
the fact that the oaths were taken.
The system shall put Internet ballots and telephone ballots cast by an elector in
the ballot box.
The system shall put spoiled ballots in the ballot box.
Where alternative voting closes before the close of the polls on ordinary polling
day, the system shall seal the ballot box until after the close of the poll on
ordinary polling day.
The system shall seal the ballot box even where fewer than ten persons from any
polling district voted for a candidate during alternative polling days.
Part 12 -List of persons who voted
12. Where alternative voting closes before the close of the polls on ordinary polling day, the
system shall
(a) generate a list of all electors who voted by alternative voting; and
(b) on the revised list of electors cause a line to be drawn through the name of all
the electors who voted during alternative polling days.
printed and electronic copy of the lists under section 12 shall be delivered to the Returning
Officer within 24 hours of the close of alternative voting.
13A. Where alternative voting closes at the close of the polls on ordinary polling day, the system shall
generate a list of all electors who voted by alternative voting.
Part 13 -Counting
At the close of ordinary polling day, the system shall generate a count of the
telephone ballots and Internet ballots in the ballot box that were cast for each
candidate during alternative polling days.
(2) In counting the votes that were cast for each candidate during alternative polling
days, the system shall count spoiled ballots and shall not count rejected ballots.
Part 14 -Tallying of Spoiled Ballots
15. At the close of ordinary polling day, the system shall tally the number of spoiled ballots that
were cast during alternative polling days and the tally shall be delivered to the Returning Officer.
Part 15 -Recount by Syste m
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date —August S, 2020
Alternative Voting By -Law (continued
Page 17
In the event of a recount, the system shall regenerate the election count and a printed copy of
the regenerated count shall be given to the Returning Officer.
If the initial count and the regenerated count match, the regenerated count shall be the final
count of the votes cast by alternative voting.
(1) If the regenerated count and the initial count do not match, the Returning Officer
shall:
(a) direct one final count be regenerated by the system of the votes cast by
a Iternative voting, and
(b) attend while the final count is being regenerated.
(2) The regenerated final count pursuant to subsection (1) shall be the final count of
the votes cast by alternative voting.
Part 16 -Recount by Court
19. (1) For a recount, the judge shall only consider the final count by the system, as
determined by section 17 or 18, of the total number of votes that were cast by
alternative voting for each candidate.
(2) The final count by the system, as determined by section 17 or 18, of the total
number of votes that were cast by alternative voting for each candidate shall be
added to the judge's count of the number of votes for each candidate cast by
non -alternative voting.
Part 17 —Secrecy
20. An election officer and system election officer shall maintain and aid in maintaining the secrecy
of the voting.
21. Every person in attendance at a polling station, or at the counting of the votes, shall maintain
and aid in maintaining the secrecy of the voting.
Part 18 -other Methods of Voting
22. If voting via the Internet through the unsupervised use of a personal computing device is
permitted during an election, voting shall be permitted by some other means on each advance
polling day and on ordinary polling day.
Part 19 -Appointment of Auditor
23. (1) The Returning Officer may appoint a System Elections Officer for the purpose of
auditing and monitoring the performance of the system of voting.
(2) A System Elections Officer so appointed shall carry out the duties of auditor as
outlined in the procedures and forms for the conduct of voting pursuant to
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date —August 5, 2020
Alternative Voting By -Law (continued
i
Section 146A(4) of the Act.
( 5) Before carrying out the duties described in subsection (2), the System Elections
Officer shall swear an oath in the form prescribed by the regulations.
Part 20 — Severability
24. If a court of competent jurisdiction should declare any section or part of a section of this by-law
to be invalid, such section or part of a section shall not be construed as having persuaded or
influenced Council to pass the remainder of the by-law and it is hereby declared that the
remainder of the by-law shall be valid and shall remain in force.
Part 21 —Prohibitions
No person shall:
(a) use another person's PIN to vote or access the system unless the person is a
friend voter;
(b) take, seize, or deprive an elector of his or her PIN; or
(c) sell, gift, transfer, assign or purchase a PIN.
No person shall:
(a) interfere or attempt to interfere with an elector who is casting an Internet ballot
or telephone ballot;
(b) interfere or attempt to interfere with alternative voting; or
(c) attempt to ascertain the name of the candidate for whom an elector is about to
vote or has voted.
No person shall, at any time, communicate or attempt to communicate any information
relating to the candidate for whom an elector has voted.
Part 23 —Offences and Penalty
A person who:
(a) violates any provision of this by-law; or
(b) makes a false statement in a declaration; Or
(c) permits anything to be done in violation of any provision of this by-law; is guilty
of an offence.
(2) A person who contravenes subsection (1) of this section is guilty of an offence and is
liable, on summary conviction, to a penalty of not less than one -thousand dollars
($1,000) and not more than ten -thousand dollars ($10,000) and in default of payment, to
imprisonment for a term of two years less a day, or both.
(3) In determining a penalty under subsection judge shall take into account:
(a) the number of votes attempted to be interfered with;
First Reading —Council —Council July 2, 2020 (2020-293}
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date — August 5, 2020
Alternative votin
By -Law (continued
Page 1)
the number of votes interfered with; and
aHy potential interference with the outcome of an election.
(4) Pursuant to section 146A of the Act:
(a) the limitation period for the prosecution of an offence under this by-law is
two years from the later of the date of the commission of the offence and
the date on which it was discovered that an offence had been committed;
and
(b) The Remission of Penalties Act, 1989 SNS c. 397, as amended, does not
apply to a pecuniary penalty imposed by this by-law.
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date —August 5, 2020
Alternative Votin
By -Law
continued
Pale 110
Version Number
Description
By -Law Editor
By -Law Sponsor
Approval Date
2020-08-05
By -Law created
Municipal Clerk
Corporate and
Strategic
Management
Annotation for Official
By®Law Book
As per the Municipal Elections Act, to provide
Reason
for Adoption
guidelines for an alternative
method of voting
via internet and telephone.
Date of
First Reading at Council
Council — July 2, 2020 (2020-293)
Advertisement of Notice of
Intent to Consider
Progress — July 15, 2020
Date of
Second Reading at
Council
Council — July 30, 2020
(2020-333)
Date of
Ministerial Approval
Not Required
Mailing
date to Minister of
a certified copy
August 25, 2020
Date of
advertisement of passage of By -Law*
August 5, 2020
Effective Date
August 5, 2020
1 certify
that this By -Law was
adopted by Council
as indicated above.
tqVA
August q 11, 2021
Pamela
M. Myra, Municipal
Clerk
Date
• Effective date of the By -Law unless otherwise
specified
First Reading —Council —Council July 2, 2020 (2020-293)
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date —August 5, 2020
in the text of the By -Law.
Alternative Votin
8v-Law (continued
THE MUNICIPALITY Or
CHESTER
Take Notice that Chester Municipal Council conducted Final
Reading for consideration of the adoption and repeal of the
following By -Laws on Thursday, July 30, 2020 as follows and
which will become effective on the date of this publication:
REPEAL
By -Law 145 Voting By -Law
ADOPT
By -Law 150 Alternative voting By -Law
Change
• Repealed (replaced with updated
Alternative Voting By -Law No,150)
Adopt an updated Alternative
Voting By -Law with a more
comprehensive By -Law for
electronic voting procedures.
Take notice that copies of By -Laws may be reviewed between the
hours of 8:30 a.m. and 4:30 p,m. at the Administration Office of the
Municipality of the District of Chester, 151 King Street, Chester or
on the website at www.chester.ca or by contacting the undersigned at
(902) 275-4107 or via email at pmyra@chester.ca,
Pamela M. Myra
Municipal Clerk
Chester, NS
July 30, 2020 185754
I, Pamela M. Myra, Municipal Clerk of the
Municipality of the District of Chester cio hereby
certify that the above is a true copy of an
advertisement duly advertised an edition of
LighthouseNOW Progress Bulletin on Wednesday,
Au gust 5, 20200
Given under the hand of the Municipal Clerk and
under the corporate seal of the said Municipality this
11 day of August 2020.
Y_y _
Pamela. . M
Municipal Clerk
74
s
First Reading —Council —Council July 2 2020 (2020-293) _ �.1`_ �-
Second/Final Reading —Council —Council July 30, 2020 (2020-333)
Effective Date — August 5, 2020