REQUEST FOR DECISION
DATE: April 18, 2022 Report No. ADM-22-010
TO: Laurie Hurst, Chief Administrative Officer
FROM: Deb Hopkins, Manager of Corporate Services
SUBJECT:
Title
2022 General Local Elections Bylaws
End
RECOMMENDATION:
Recommendation
That Council:
1. give first, second, and third readings to “Election and Assent Voting Procedures Bylaw, 2022, No. 3068”; and
2. give first, second, and third readings to “Automated Vote Counting System Authorization and Procedures Bylaw, 2022, No. 3069”.
Body
RELEVANT POLICY:
Election Procedures and Automated Vote Counting System Authorization Bylaw, 2018, No. 2928
Local Government Act
Elections Act
Community Charter
STRATEGIC RELEVANCE:
This request for decision reflects statutory requirements pertaining to quadrennial local elections. It also supports the strategic priority to engage, respect and respond to the needs of our community.
BACKGROUND:
General local elections are held every four years. In the fourth year of the election cycle all applicable bylaws respecting the conduct of elections must be reviewed to ensure that changes in legislation are reflected and that prescribed procedures remain relevant. In addition, the Chief Election Officer should consider strengths and challenges from the previous election to enhance processes to increase voter turnout by reducing barriers for eligible voters to receive and cast ballots.
In 2022, amendments to the Local Government Act removed the restrictions previously in place that limited mail ballot voting eligibility. In 2018, Council requested that a special voting opportunity be established at Sunset Lodge, however voter turnout there was extremely low. Bylaw No. 3068 proposes to remove the mandated special voting opportunity at Sunset Lodge in favour of implementing mail ballot voting that will benefit all eligible voters, including residents of Sunset Lodge. These revisions are intended to expand voting opportunities so that as many people as possible can receive a ballot and vote in the upcoming October 2022 elections for the offices of Mayor, Councillor and School Trustee.
In addition, the automated voting machines used in previous elections have reached the end of their lifecycle and are no longer supported by the manufacturer. As such, new voting machines will be leased requiring changes to the procedures set out in the “Election Procedures and Automated Vote Counting System Authorization Bylaw, 2018, No. 2928”. Maintaining the current bylaw as written is not possible because it is written expressly for the obsolete voting machines and elections officials will not be able to comply with the implementation of the new equipment.
The proposed bylaws give authorization and discretion to the Chief Election Officer (CEO) over the conduct of the elections that allows the CEO to respond to changing circumstances; particularly important as we continue to navigate the changing pandemic landscape. Discretional matters must be conducted in accordance with the relevant provisions included in the Local Government Act. Discretional matters may include procedures such as:
• Establishing timelines for mail ballots
• Establishing additional advance or general voting day opportunities
• Establishing special voting opportunities.
Further the proposed bylaw aligns the Townships procedures with the provisions contained within the School District’s bylaw respecting ballot requirements to reduce the likelihood of producing ballots containing formatting errors.
ISSUES:
1. Rationale for Selected Option
Local governments must establish provisions for voting procedures for local elections by bylaw. Bylaw Nos. 3068 and 3069 have been updated to reflect amended legislation for the 2022 elections. The pandemic has changed voter expectation for both the federal and provincial elections that are anticipated to extend to the local elections. Proposed Bylaw No. 3068 provides authorization to meet those broadened expectations by expanding voting opportunities to the broader community and providing opportunities that make voters feel safe as COVID-19 persists in the region. Additionally, the Township’s automated voting machines have reached end of life and are no longer supported. New equipment procured for the conduct of the elections requires procedural changes that must also be reflected in an updated bylaw that is authorized by Council.
In accordance with the Local Government Act, the applicable elections bylaws must be adopted by July 4, 2022.
2. Organizational Implications
There are no organizational implications associated with the request for decision.
3. Financial Implications
Should Council move to authorize mail ballot voting, there will be costs associated with mailing the packages to eligible voters These costs are unknown as they will depend on the number of packages requested. As this will be the first election that this type of voting will be available, there are no previous numbers to draw on to estimate costs. Electors are responsible for costs to return the completed packages and for international mail or courier costs.
Costs for leasing the new voting machines have been included in the 2022 elections budget.
Costs for both the equipment and mail ballot voting are shared through a formal agreement with School District 61 covering 1/3 of the actual costs.
4. Sustainability & Environmental Implications
As electronic voting is not authorized in British Columbia at this time, all mail ballot packages are required under the legislation to be paper based. This will require a significant increase in paper usage and postal delivery services not previously included in the Township’s elections procedures. In this case the sustainability and environmental implications must be weighed through the lens of the democratic process which serves as the cornerstone of local governance.
5. Communication & Engagement
If adopted, Bylaw Nos. 3068 and 3069 will form the basis of the required statutory public notices that will be published in the newspaper, online, and posted to the notice board and social media in accordance with the Community Charter and Local Government Act. This information will also form part of the comprehensive Candidate Information Packages.
ALTERNATIVES:
1. That Council give first, second, and third readings to “Election and Assent Voting Procedures Bylaw, 2022, No. 3068” and “Automated Vote Counting System Authorization and Procedures Bylaw, 2022, No. 3069”.
2. That Council amend one or both of the bylaws and give first, second, and third readings to Bylaw No. 3068 and Bylaw No. 3069 as amended.