TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: January 27, 2025 Report No. ADM-25-003
TO: Council
FROM: Deb Hopkins, Director of Corporate Services/Corporate Officer
SUBJECT: 2025 By-Election - Appointment of Chief Election Officer and Deputy Chief Election Officers
RECOMMENDATION:
Recommendation
That for the 2025 By-Election, Council:
1. Appoint Deb Hopkins, Corporate Officer, as the Chief Election Officer; and
Sarah Holloway, Deputy Corporate Officer, and Victoria McKean, Committee Coordinator, as Deputy Chief Election Officers; and
2. Approve funding of up to $86,500 in the 2025 budget.
Body
EXECUTIVE SUMMARY:
As a result of the resignation of Darlene Rotchford in October 2024, a by-election is required to fill the vacant seat on Council. To conduct a by-election, Council is required to appoint a Chief Election Officer and Deputy Chief Election Officer in accordance with the Local Government Act.
BACKGROUND:
In October 2024, Darlene Rotchford was elected to the provincial legislature and subsequently resigned as Councillor resulting in a single seat vacancy in the Township of Esquimalt’s municipal Council.
A by-election is required under the Local Government Act to fill the vacant office of Councillor. Legislation requires that Council appoint a Chief Election Officer to trigger the by-election. Once this appointment is made, the Township has 80 days to conduct the by-election, and more specifically, General Voting Day must be held on a Saturday within that 80 day timeline. General Voting Day is scheduled to be held on Saturday, April 5, 2025.
Staff have completed a number of required administrative tasks to ensure that the April 5, 2025 General Voting date is achievable with the appointment of the Chief and Deputy Chief Elections Officers as recommended.
Chronology:
• October 19, 2024 Provincial Election
• October 25, 2024 Darlene Rotchford tendered formal resignation
• November 2024 prepared by-election timelines
• November 2024 published preliminary by-election information
• November 2024 gathered quotations from three providers for automated voting machines
• November 2024 reviewed Township elections bylaws
• December 2024 requested the Provincial Voter’s List as required by Township Bylaws to meet the statutory timelines for General Voting Day
• December 2024 reserved voting places
• December 2024 confirmed campaign expense limits with Elections BC
• December 2024 drafted communications plan for April 2025 by-election
• December 2025 drafted all required statutory notices
• January 27, 2025 Council requested to Appoint Chief Election Officer
• January 2025 Notify Elections BC and Ministry of Housing and Municipal Affairs
• January 2025 initiate recruitment for elections workers
• January 2025 provide required notification for list of electors and notice of nomination
ANALYSIS:
Section 54 of the Local Government Act requires that the vacant seat on Council be filled through a by-election as the resignation from office did not occur within the same calendar year of the next general local election (2026).
Given the accelerated timelines associated with by-elections, staff have already initiated preparations. If Council makes the recommended appointments outlined in this staff report, the 80 day legislated timeline begins immediately and would result in the following voting opportunities:
• Advanced Voting #1: Wednesday, March 26, 2025, Gorge Park Pavilion
• Advanced Voting #2: Wednesday, April 2, 2025, Archie Browning Sports Centre
• General Voting Day: Saturday, April 5, 2025, Esquimalt Recreation Centre
These three voting opportunities are open to eligible voters between 8 am and 8 pm. Mail ballot voting will also be offered in this by-election to allow for greater voter flexibility and encourage increased participation.
Staff are confident that with the timelines proposed and current staff elections expertise, this by-election can be successfully conducted in-house without the assistance of third party-contractors. The recommended appointments reflect staff with previous experience serving as both Chief and Deputy Chief Election Officers both in Esquimalt and in other jurisdictions.
The legislative requirements for a by-election are the same as those for a full general election. Staff, elections officials, materials, equipment, voting locations, and the same number of voting opportunities are all required and carry associated costs. Two advance and one general voting day are non-discretionary in accordance with the Local Government Act.
The budget for this by-election is estimated to be $86,500. It is important to understand that in general elections (every four years) the Township has a cost sharing agreement with School District 61 for conducting the School Trustee elections that offsets costs of budgeted items including staff, equipment, and ballots and other materials. The 2025 by-election does not present any cost sharing opportunities and therefore must be funded solely by the Township. Potential cost reductions or bulk buying opportunities were explored with the District of Sooke who will also be conducting a by-election, however they were determined to be working on a different timeline.
Staff have made efforts to reduce costs where possible including leveraging in-house staff resources for the Chief and Deputy Chief Election Officer positions, changing vendors for the provision of electronic voting machines, and use of remaining mail ballot and other materials from the 2022 election. Major cost drivers include staff/election officials, equipment and materials, and advertising. With the non-discretionary requirements pertaining to elections and the Canada Revenue Agency changes to the definition of “employee” impacting payment and hours worked for elections officials, there are not many levers that staff can pull to reduce costs that have not already been explored.
As previously indicated, Council does not have discretion on whether to hold a by-election due to the timing of the vacancy. Had the resignation occurred in the 2026 calendar year, Council could have opted to fill the vacancy through a by-election, or to carry-on until the October 2026 election with one less member.
OPTIONS:
• Option 1: That Council appoint Deb Hopkins, Corporate Officer, as Chief Election Officer, and Sarah Holloway, Deputy Corporate Officer, and Victoria McKean, Committee Coordinator, as Deputy Chief Election Officers, and approve funding of up to $86,500 in the 2025 budget.
• Option 2: That Council appoint other individual(s) as Chief and/or Deputy Chief Election Officers and approve funding of up to $86,500 in the 2025 budget.
• Option 3: That Council request additional information pertaining to the recommended appointments or requested budget, noting that any delays in decision-making will result in delays to the by-election timelines.
COUNCIL PRIORITY:
Good Governance and Organizational Excellence
Engaged and Healthy Community
FINANCIAL IMPACT:
The estimated budget for the 2025 by-election is $86,500 based on actual costs for the 2022 election. There is no cost-sharing for the by-election for labour, equipment, and materials since this does not include School Trustee elections. This means that all associated costs are to be funded by the Township.
COMMUNICATIONS/ENGAGEMENT:
Once the Chief and Deputy Chief Election Officers are appointed, staff will provide more detailed information respecting nomination period and availability of candidate information packages.
More information on voting opportunities and mail ballots will also be determined and released.
All statutory notifications will be completed in compliance with the Local Government Act.
TIMELINES & NEXT STEPS:
Once the Chief and Deputy Chief Election Officers are appointed, staff will provide more detailed information respecting nomination period, availability of candidate information packages, and providing required statutory notice in accordance with the Local Government Act.
Staff will implement the prepared communication plan including updating the municipal website, official notice boards, and disseminating information across the Township’s social media channels.
Key dates will be posted to the Township’s election website. Highlights include:
• February 18 - 28, 2025 Nomination Period
• March 4, 2025 end of period for challenge to nominations
• March 8, 2025 start of campaign period
• March 26, 2025 required Advanced Voting Opportunity #1
• April 2, 2025 required Advanced Voting Opportunity #2
• April 5, 2025 General Voting Day
• April 14, 2025 end of election challenge period
• April 28, 2025 New Councillor takes Oath of Office
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
There are no attachments to this report.