2018 Municipal Election Bill 181 The Municipal Elections Modernization Act. THAT the 2018 Municipal Election Bill 181 report be received; and

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1 December 14, 2016 Page 1 of 6 Report No.: C Meeting Date: December 14, 2016 Submitted by: Subject: Stephanie Troyer-Boyd 2018 Municipal Election Bill 181 The Municipal Elections Modernization Act Recommendation: THAT the 2018 Municipal Election Bill 181 report be received; and FURTHER THAT Middlesex Centre maintain the existing first past the post election model for the 2018 Municipal Election. Purpose: To provide an overview of changes to the Municipal Elections Act introduced through Bill 181 The Municipal Elections Modernization Act. Background: The Municipal Elections Act (MEA) sets out rules for electors and candidates and the role of the municipal clerk and council in municipal and school board elections in Ontario. The next municipal election takes place on October 22, 2018 and there are a number of issues and options that the Clerk and Council must consider prior to that in order to meet the timelines stipulated in the legislation. After each municipal election, the Ministry of Municipal Affairs reviews the MEA to determine if it meets the needs of Ontario municipalities. The review that took place after the 2014 election included consultation with the public, municipal councils and staff across Ontario. As a result on June 9, 2016 the province passed Bill 181, the Municipal Elections Modernization Act, 2016, implementing significant changes to the MEA. Analysis: These are the highlights of the changes effected by the Municipal Elections Modernization Act. Election Calendar and Timelines 1

2 December 14, 2016 Page 2 of 6 A number of key dates and timelines in the election calendar have been changed affecting the nomination period for candidates, voters list availability and election policies and procedures. These changes are identified below: Change OLD legislation NEW Legislation By-law Use of Alternative Voting Methods June 1, 2018 May 1, 2017 By-law Use Ranked Ballots N/A May 1, 2017 Clerk s Policies & Procedures for voting/alternative voting June 1, 2018 Dec. 31, 2017 Clerk determines single or batch elimination N/A Dec. 31, 2017 ranked ballots Approval of Ballot Question - Approved by Council by-law 180 days prior March 1, Ordered by upper-tier/minister June 1, 2018 May 1, 2018 Nominations + 3 rd Party Advertiser Registration January 2, 2018 May 1, 2018 Open Use of Corporate Resources Policy N/A May 1, 2018 Nomination Day September 14, 2018 July 27, 2018 Close of 3 rd Party Advertising Registrations N/A October 19, 2018 NOTE: Election Day is October 22, Ranked Ballot Voting One of the most notable changes in the Clerk s world is the option of using a ranked ballot system in Ontario for the first time. Traditionally, elections in Ontario have been run using the first past the post system, whereby the candidate receiving the highest number of votes is elected. For ranked ballot voting, in a single member ward election, instead of voting for a single candidate, you rank the list of candidates in order of your preference (first choice, second choice, third choice, etc.). The first place votes are totaled and if a candidate receives 50% or more of the votes, they are declared the winner. If no candidate receives more than 50% of the first place votes, the contender with the fewest votes is dropped from the ballot and his or her supporters second choices are counted and added to vote totals for the applicable remaining candidates. This process continues until one candidate emerges with a majority. It should be noted that the ranked ballot system can only be considered for offices on municipal council and not for school board trustee positions. If ranked ballots are used, they must be used for all offices on municipal council. If a by-law is passed by a Council to implement a ranked ballot election, the following would apply: Ranked ballots would be required to be used to elect all of the members of Council. 2

3 December 14, 2016 Page 3 of 6 The by-law may specify the maximum number of rankings that an elector may make and may provide a different number of maximum rankings for each office. If the by-law does not specify the maximum number of rankings, the default maximum is three (3). If ranked ballots are authorized for a regular election, ranked ballots must also be used in any by-elections that are held to fill council vacancies during the council term. Before passing a by-law, the Council of a lower tier municipality must hold at least one (1) open house to provide the public with information about how elections would be conducted, including a detailed description of vote counting; the estimated costs of conducting the election; any voting and vote-counting equipment that is being considered for use in the election; and any alternative voting method being considered for use in the election. A municipality must also hold a public meeting to allow the public to speak to Council about the proposed by-law. The public meeting must be held at least 15 days after the open house is held. Notice of both the open house and public meeting must be issued 30 days prior to each event. The by-law must be passed no later than May 1 in the year before the year of the election (e.g. May 1, 2017 for the 2018 election). To date, ranked ballot elections have not been implemented in any municipal, provincial or federal elections in Canada. Ranked ballots have been used in approximately 10 municipalities in the United States, various places in Europe and United Kingdom and in Canada for political party leadership races. A considerable amount of time and election funding would have to be dedicated to public education and resources to inform voters about this new system, as ranked balloting could lead to public confusion and increase the number of spoiled ballots in the election. It could also affect the amount of time needed to prepare and test the voting system in advance of the election. A ranked ballot would look different than a composite ballot and may require a voter to use multiple ballots. In order to be transparent with voting results, the Clerk would have to report more detailed information in addition to the number of ballots used (declined/rejected ballots/first round results and subsequent rounds/exhausted ballots, etc.). The requirement for this additional detail could cause time delays in the reporting of election results. The regulations related to ranked ballot vote counting procedures have not been made available at the time of the preparation of this staff report. Therefore, neither staff nor voting equipment/method vendors have a full understanding of the requirements and whether the technology can be modified in time to provide a secure and accountable 2018 Municipal Election. 3

4 December 14, 2016 Page 4 of 6 In summary, it would be recommended that Council maintain the first past the post election model for the 2018 Election. All the Clerks in the County of Middlesex will be making the same recommendation to their Councils. Nomination Period and Process The nomination period will be reduced from 37 weeks to 13 weeks, with the opening of nominations occurring on May 1, 2018, and ending on the 4th Friday in July (July 27, 2018). Candidates will be required to obtain 25 endorsement signatures from eligible electors. The Act has also been amended to clearly indicate that a candidate is eligible to be nominated for an office in any ward of the municipality and not just the ward in which they reside. While this is not a change, given the number of inquiries the Ministry had received about this matter, the Act was amended to clarify that a candidate may run in a ward in which they do not live. Campaign Finance, Compliance and Enforcement Corporations and trade unions are no longer eligible to contribute to municipal election campaigns; Candidates will be required to inform contributors of contribution limits; After the 2018 Election, campaign deficits will not be carried forward from previous campaign; A candidate will not have to open a bank account if they do not raise or spend money; A candidate may now resubmit a financial statement to correct an error up until the filing deadline; Clerk to release report naming candidates in default; 4

5 December 14, 2016 Page 5 of 6 Nomination Fee now refunded only if Financial Statement is filed on time; 30 day grace period for filing a Financial Statement and $500 late filing fee (no refund of Nomination Fee) Third Party Advertising A third party advertisement is a message in any medium (billboard, newspaper, radio, etc.) that supports or opposes a candidate OR a yes or no vote on a question on the ballot. Third party advertising does not include issues-based advertising so groups that do public outreach can continue their issue-based advocacy work throughout the municipal election period. Advertising that does not cost money to post or broadcast, such as comments made on social media, will not be considered to be third party advertising. Individuals, corporations and unions can register as third party advertisers and make contributions to third party advertisers. Third party advertisers will need to register with the municipality where they want to advertise. If they want to advertise in more than one municipality, they have to register in each municipality. Registration allows a third party advertiser to promote or oppose any candidate that the electors in the municipality can vote for (local council, school board trustee positions and regional or county council offices). Third party advertising must be done independently of candidates who are not able to direct a third party advertiser. Candidates are not able to register as third party advertisers. Rules for registration of third party advertisers, handling contributions, spending and contribution limits and financial reporting are similar to those for candidates, with the exception that third party advertisers may accept contributions from corporations and trade unions. Clerk s Authority Changes to the MEA will provide greater administrative discretion and independence to the Clerk. The following matters, some of which previously required Council approval, will now be entirely under the discretion of the Clerk: Establish advance voting dates, locations and hours (by-law required in past); Management of the voters list, including removal of deceased persons, additions of new electors and amendments to existing electors, as well as, the method by which additions, amendments and deletions are completed; Determine whether electronic filing of financial statements will be permitted and any conditions or lists associated; Review financial statements and identify and report on contributions made to candidates and third party registrants in excess of established limits and refer report to Compliance Audit Committee. 5

6 December 14, 2016 Page 6 of 6 Election Signs and Advertising An election campaign advertisement will be defined as an advertisement in any broadcast, print, electronic or other medium that has the purpose of promoting or supporting the election of a candidate; Candidates must now include language on their signs/in their ads to make clear who is responsible for the messaging; Broadcasters and publishers will be prohibited from causing an election campaign advertisement to appear if the candidate s name, as well as the name, business address and telephone number of the individual who deals with the broadcaster or publisher hasn t been provided. Broadcaster must retain this information for four (4) years). Tenants in apartments/condos etc. now have the right to display campaign signs, subject to the condo corporation s/landlord s right to limit size, etc. Municipalities will have the authority to remove advertisement or discontinue advertising if contravention of the provisions occur. Recounts Before the legislative changes, recounts following a municipal election could only be conducted under limited circumstances. The amended MEA gives the Clerk the authority to establish a policy prior to the election to define additional circumstances under which a recount would conducted. Financial Implications: N/A Strategic Plan: N/A 6