DATE: September 14, 2015 REPORT NO. CS Chair and Members Committee of the Whole Operations and Administration

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1 DATE: September 14, 2015 REPORT NO. CS TO: FROM: Chair and Members Committee of the Whole Operations and Administration Lori Wolfe, City Clerk, Director of Clerk s Services 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X] 2.0 TOPIC Specialized Voting Election Equipment and Software 2018 and 2022 Municipal and School Board Elections [Financial Impact Approximately $136,000 per election] (CS ) 3.0 RECOMMENDATION A. THAT Report CS regarding Specialized Voting Election Equipment and Software BE RECEIVED; and B. THAT the City Clerk BE AUTHORIZED to negotiate with Dominion Voting Systems Inc. for the rental of equipment and software covering the City s 2018 and 2022 Municipal and School Board Elections in accordance with the single source provision of the City s Purchasing By-law. 4.0 PURPOSE The purpose of this report is to request approval to single source for specialized election equipment and software with Dominion Voting Systems Inc. for the 2018 and 2022 Municipal and School Board Elections. 5.0 BACKGROUND The October 27 th, 2014 Municipal and School Board Elections were held in accordance with the provisions of the Municipal Elections Act, All legislative requirements, reporting and timelines were met. The Municipal election was delivered using the new electoral ward boundaries pursuant to Council s 2013 direction following the comprehensive review and revision of those electoral ward jurisdictions.

2 September 14, 2015 Page 2 The Act assigns the responsibility and authority to administer the election to Municipal Clerks, noting that he/she shall have regard to the needs of electors and candidates with disabilities. A key part of that responsibility is to ensure necessary election equipment is secured to efficiently conduct the election, taking into consideration specialized equipment needs for those individuals with disabilities. Council approved the use of tabulators, special accessibility voting equipment and software, as well as internet voting (Advanced Voting Period) in the 2014 election. Those approvals were instrumental in achieving compliance with the Act for having regard to the needs of electors and candidates with disabilities, giving them (as well as other electors) the choice in how and when they cast their ballot to elect their political representatives. Due to the size, scope and complexity of organizing and executing Municipal and School Board Elections for approximately 68,000 eligible voters in a five ward system, planning starts the year following the completion of the preceeding election, with the first order of business to secure the contracts for the specialized equipment. For cost efficiency and business continuity purposes, contracts are put in place to span two election periods, including any bi-elections that may take place. The City s election program is well developed with highly customized procedures and staff across the organization trained in the use of that specialized equipment. The City has used the equipment of Dominion Voting Systems Inc. for a number of elections, and in order to maintain the corporate knowledge and software integration for election administration, and to provide ease in building enhancements on that program, Council s approval is requested for staff to contract with Dominion Voting Systems Inc. for equipment and software for the 2018 and 2022 elections. Of interest to Council, staff will review the following possible enhancements to the 2018 Municipal Election: Expanded use of on-line voting; Set up an Internet portal for candidates to view voters list in real-time; Set up Vote anywhere-in-ward on Election Day by upgrading from manual to automated strike off on the Voters List at the Voting Polls These enhancements would improve voter accessibility and convenience, as well as automate the manual work still performed at the polls. These enhancements are possible to build on to our current election program through Dominion. The enhancements would also allow staff to make significant improvements in the provision of current voters list information to candidates in a much more reasonable timeframe than what the current manual process allows. The provision of vote anywhere-in-ward will allow voters the flexibility in selecting perhaps a more convenient poll location within their own wards in which to vote than being restricted to only one location. This change will also provide improved accessibility for voters at locations where the City hosts an on-site polling station (ie retirement homes) who missed their designated timeframe to vote. Staff will review the possible enhancements and report to Council in a subsequent report. The use of on-line voting requires specific Council approval which topic will be covered in a separate report and will outline the methods of voting in detail.

3 September 14, 2015 Page 3 At this time, the only request to Council is for approval to contract with Dominion for specialized equipment and software in order to ensure that critical aspect of specialized equipment for election program is secured and that the current business knowledge is corporately maintained. 6.0 CORPORATE POLICY CONTEXT In meeting the requirements of the Municipal Elections Act, 1996, all electorate have an equal opportunity to select the next Council. It is through this direct participation that the goal to achieve an excellence in governance and municipal management is enhanced. The identification and removal of barriers for individuals with disabilities will create opportunities to enhance public understanding and involvement at City Hall. The City of Brantford will be known for its open and accessible government including an accessible voting process. Brantford citizens will be engaged in, and informed about, their community and their City government. 7.0 INPUT FROM OTHER SOURCES The Election Team received input from staff in Purchasing for the preparation of this report as it relates to the City s Purchasing By-law and single sourcing. 8.0 ANALYSIS The City s Election Program has undergone many changes in the past twelve years, moving from all manual processes to the introduction of technology to enhance efficiency, convenience and accessibility for candidates and voters. For the first time in Brantford s election history, automated poll level tabulating units were introduced for advance voting in 2003, and then deployed to all voting locations in This specialized equipment allowed the election staff at each voting location to submit the completed ballots directly into the tabulating machine while the elector observed. It allowed increased voting accuracy resulting from a reduction of spoiled ballots achieved through the capabilities and programming of the poll level process. The voter had the ability to correct possible errors in ballot marking prior to submitting the ballot through the tabulator. By automating the tabulating process, the ballot information is recorded to memory cards. Following close of polls on Election Day, the results on the memory cards from the Advanced Polls are uploaded into the tabulating software where they are then verified and are made available for display over the City s Election Results website. Results from the various voting locations across the City on Election Day are uploaded and reported as they come in following the physical return of the equipment from the voting location. All uploading and reporting of results are performed by the City Clerk s election staff. The equipment is tested by Election staff prior to use, and then audited by the City s accounting firm for accuracy. The use of specialized electronic equipment has supported the vote-from-anywhere concept that was first introduced at advanced voting locations in the 2003 Election. The vote-from-anywhere feature has allowed electors to attend any advance voting

4 September 14, 2015 Page 4 location throughout the City to cast their ballot, regardless of the Ward in which they reside. The use of specialized equipment can further offer the vote-from-anywhere concept, and following approval to secure the equipment contracts with Dominion, staff will perform review to ascertain the logistics of implementing this feature in the 2018 Municipal Election by offering it within the Wards on Election Day. This change would provide a level of convenience and efficiency in the election that is progressive and timely to respond to the public s desire to have the option to attend any voting location in their own ward on Election Day. In order to achieve that enhancement, the current manual process of striking off voters from the Voters List at the voting location would need to be automated. It must be noted that for both the Advanced Voting and on Election Day, all poll level units were equipped with audio files (ballots) for those electors with visual impairments. This specialized equipment has been used since the 2006 election. It is the opinion of Staff that utilizing poll level tabulation for all voting locations, during the Advanced Voting periods and also on Election Day offers an effective and efficient method for conducting the 2018 Municipal Election. Currently, the Provincial Government is contemplating changes to the Municipal Elections Act, 1996 to provide for the option of ranked ballots. Staff has met with Dominion representatives to review the equipment and software required to conduct an election should Council, in future, approve the use of ranked ballots. The equipment used by the City in its election program can accommodate ranked balloting. It is anticipated that staff would report further to Council in the first quarter of 2016 when final details regarding changes to the Municipal Elections Act, 1996 are released by the Province. Also, it should be noted that Municipal Clerks, through AMCTO, have requested that the Province confer with the Ministry of Education in requiring Boards of Education to designate future election days as professional development days in the annual School Year Calendar so as to ensure that all Municipalities have unencumbered use of school facilities to conduct the municipal and school board elections. Once the Province confirms the changes, if any, to the Municipal Elections Act, 1996, staff will provide a report to Council detailing the options for alternative voting methods, including the use of on-line voting. Staff is therefore seeking Council s approval to move forward to negotiate directly with Dominion Voting Systems for the rental of required election equipment and software. Dominion has moved to the forefront of election systems suppliers in Canada, and has a thorough understanding of the unique requirements of Ontario Municipal Elections, as well as the City s own election program. The City s election program is complex and has been developed over the past twelve years moving from all manual to automated systems using the specific equipment models and processes developed by Dominion. Staff anticipate several enhancements to the City s 2018 Election Program which are based on the use of this equipment and request Council s approval to secure the necessary equipment and software contracts so that planning may continue, and that staff may report to Council quickly when the Province reports on final changes to the Municipal Elections Act, 1996 in early 2016.

5 September 14, 2015 Page FINANCIAL IMPLICATIONS The financial implications associated with this report relate to the renting of specialized election equipment and software for the 2018 and 2022 Municipal and School Board Elections. The City Clerk s Department funds an Election Reserve Account annually out of its Operating Budget which is then expended in an Election Year, and the estimated amount per election would be $136, CONCLUSION The City s Election Program is well developed and has built in its processes the specialized equipment models provided by Dominion Voting Systems Inc. for several election cycles. Planning for the 2018 municipal election is a long and complex activity, and the important first step in that process is to secure the specialized equipment contracts through a single source with Dominion. Dominion provides the required audit trail technology and has a seamless integration with the software the City utilizes for the production of the Voters List. The equipment and software, combined with the professional services from Dominion Voting Systems, has proven to result in an enhanced voting system for the voters of Brantford using the traditional ballot method, the online voting method and the specialized accessible ballot marker device additions. The equipment has improved timing of election results with an internet-based graphical results report that is posted on the City s Election webpage for all to access on Election night. Based on past positive experiences with Dominion Voting Systems and the direction the municipality has undertaken relative to the election process, it is the position of the City Clerk and Election Team that the relationship with Dominion be continued which will ensure the effective and efficient execution of the election process. It is anticipated that staff would present to Council in the first Quarter of 2016 the options for alternative methods of voting, and outline how the City s program will effectively comply with updated legislation if the Province amends the Act. Lori Wolfe, City Clerk Director, Clerk s Services Darryl Lee, General Manager Corporate Services Commission In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section. By-law required [ ] yes [ x ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ ] yes [ x ] no Is the necessary by-law or agreement being sent concurrently to Council? [ ] yes [ x ] no