Regular Council Meeting
To:
Date:
From:
Report Number:
Subject:
Mayor and Council
November 21, 2016
Elana Arthurs, Corporate Services Department
Corporate Services 2016-12
Ranked Ballots
Recommendation:
That Council receive Report – Corporate Services-2016-12 Ranked Ballots and provide
direction to staff on the use of ranked ballots in the 2018 Municipal Election.
______________________________________________________________________
Overview:
At the November 7, 2016 Council received Report – Corporate Services-2016-11
Election Act Updates, which is attached to this report, for information and Council
requested that staff provide a further report specifically on the use of ranked ballots.
The recent changes to the Municipal Elections Act, 1996 now provides municipalities
with the option to use ranked ballots for municipal elections starting in 2018. If the
decision is made to use ranked ballots it must be for all municipal candidates although it
should be noted that it is not an option for the School Board Trustees.
Ranked ballots allow a voter to rank candidates in order of preference, 1st, 2nd and 3rd
instead of just voting for one candidate in a First Past The Post (FPTP) system.
Municipalities would have the option to determine how many choices an elector could
select. Staff recommend choices be limited to 3, which is the legislated default.
The legislation to allow ranked ballots gives voters a greater say in who is elected and
increases voter engagement. The use of ranked ballots may also:
 Reduce strategic voting, which may occur when a voter decides not to pick their
first choice candidate in an election because they think their first choice
candidate may not win the election; and
 Reduce negative campaigning as voters can rank multiple candidates, there is an
incentive for candidates to appeal to voters not just as a first preference vote, but
also to gain a high ranking from supporters of other candidates; and
 Encourage more candidates to remain in the race until voting day, since the
threat of “splitting the vote” between like-minded candidates is reduced.
There are two kinds of elections that are used in Ontario municipalities: single-member
elections and multi-member elections, Cavan Monaghan uses the single-member
method. Single-member elections are elections where only one candidate will win, for
example in Cavan Monaghan we have an election for Mayor, an election for Deputy
Mayor and ward elections where only one person is elected to represent each of the
three wards. Single member ranked ballot elections use a system called Ranked Choice
Voting (RCV) and is illustrated below.
The link below is a video produced by Minneapolis Public Radio demonstrating how
the vote counting in a single member ranked ballot election is conducted.
https://www.youtube.com/watch?v=_5SLQXNpzsk
The legislation states that before passing a by-law, the municipality must give
consideration to the following:
 The public interest;
 The costs to the municipality;
 The availability of technology, such as voting equipment and vote counting
equipment and software, for conducting the election;
 Administrative practices and procedures that would be required to conduct the
election.
In 2014 The Township of Cavan Monaghan contracted the services of Simply Voting to
implement telephone and internet voting and eliminated the paper ballot, therefore the
availability of technology is not an issue. Staff contacted Simply Voting and was assured
they can handle, and have experience with, a ranked ballot system and implementation
would incur no additional cost to the municipality.
The legislation requires the municipality to hold a minimum of one open house, which
would fulfil the requirement for the municipality to give consideration to public interest,
and one public meeting to allow the public to speak to Council about the proposed bylaw. The open house must take place at least 15 days before the public meeting is held
and the By-law must be passed no later May 1, 2017 for the 2018 election.
Staff would recommend an additional open house to allow interested residents two
opportunities to learn about the system of ranked ballots. It is also recommended that
we hold a Public Meeting in conjunction with our Regular Council meeting at 1:00 p.m.
and then a separate meeting that evening at 7:00 p.m., similar to the process used for
the budget, to allow those that are unable to attend during the day the opportunity to
speak in the evening.
To meet the legislated timelines, the following open house and public meeting dates
would be suggested:
Open House #1 – February 21, 2017 – 6:00 p.m. – Municipal Office
Open House #2 – March 7, 2017 – 9:00 a.m. – Location TBD
Public Meeting #1 – March 20, 2017 - 1:00 p.m.
Public Meeting #1 – March 20, 2017 - 7:00 p.m.
Passing of the By-law - April 3, 2017
In addition to the public sessions staff would create a brochure and other messaging
material for the public to create awareness and to educate the residents. Brochures
could be distributed in a variety of ways including by the candidates themselves. A link
to the video in this report could be included on a page dedicated to the ranked ballot
system on our website. This would provide a clearer understanding to the voters and
provide them with the knowledge required to vote effectively. Staff could create a
survey on the webpage in early January as another avenue to determine if electors are
interested in using a ranked ballot system.
Financial Impact:
The cost implications to run a ranked ballot election will be:
 the cost of any publications produced to educate the voter; and
 the cost of renting a facility to conduct the open house; and
 the cost of any material required for the open houses. (ie. posters, handouts and
information boards)
Report – Corporate Services-2016-10 estimated the cost of the 2018 municipal election
at $27,900.00. In the past two years we have transferred $10,000.00 to an Election
Reserve to provide a 2018 election budget of $43,000.00. This would allow sufficient
funds for any expenses related to the education campaign on the process of ranked
ballots.
Although it is difficult to estimate the actual cost at this time, staff is confident that all
expenses incurred would be within the allocated amount for the 2018 municipal election.
Attachment:
Report – Corporate Services-2016-11 Elections Act Update
Respectfully submitted by,
Reviewed by,
Elana Arthurs
Clerk
Yvette Hurley
Chief Administrative Officer
Regular Council Meeting
To:
Date:
From:
Report Number:
Subject:
Mayor and Council
November 7, 2016
Elana Arthurs, Corporate Services Department
Corporate Services 2016-11
Municipal Elections Act Updates
Recommendation:
That Council receive Report – Corporate Services-2016-11 Municipal Elections Act
Updates for information.
______________________________________________________________________
Overview:
The Municipal Elections Act, 1996 regulates the conduct of municipal and school board
elections in Ontario. The Ministry of Municipal Affairs and Housing (MMAH) reviews the
Act after each Ontario municipal election to determine if it meets the needs of Ontario
communities. Bill 181 was introduced to make changes to Act.
The next municipal and school board election is October 22, 2018 and the following
changes have been implemented.
Option to Use Ranked Ballots
Municipal Councils will have the option of passing By-laws to use ranked
ballots starting in the 2018 municipal election. Currently, candidates are voted into
office when they receive the most number of votes. Ranked balloting would allow an
elector to rank their choices instead of picking one candidate e.g. if there were 3
candidates, the voter could rank each candidate by preference 1, 2, or 3.
Much of the detail, as listed below, for ranked ballot elections, such as public
consultation requirements and how votes will be counted are set out in the
regulation.
 If a by-law is passed, ranked ballots must be used to elect all of the members of
council.
 The by-law may specify the maximum number of rankings that an elector may
make. The maximum number of rankings may be different for each office being
elected. If the by-law does not specify the maximum number of rankings, the
default maximum is three.
 Before passing a by-law, the municipality must hold an open house to provide the
public with information about:
 how elections would be conducted, including a description of vote
counting;
 estimated costs of conducting the election;
 any voting and vote-counting equipment that is being considered
for use in the election;
 any alternative voting method being considered for use in the
election.
 The municipality must hold a public meeting to allow the public to speak to
council about the proposed by-law at least 15 days after the open house is held
and the by-law must be passed no later than May 1st in the year before the year
of the election (e.g. May 1, 2017 for the 2018 election).
Note: Should Council wish to consider adopting a ranked balloting process for
the 2018 election, staff can prepare a further report with more detailed
information for consideration.
Election Calendar
Changes to the election calendar reflect recommendations from the public, municipal
councils and municipal staff.
 The first day that nominations can be filed for a regular election will be May 1st
(formerly it was the 1st business day in January in the year of the election)
 Nomination day (the deadline to file a nomination) for a regular election will move
to the 4th Friday in July - July 27, 2018. Formerly it was 2nd Friday in September.
 The deadline for a municipality to pass a by-law to place a question on the ballot
has moved to March 1st in an election year. The deadline for other questions (e.g.
a school board, a minister’s question) will be May 1st.
 The deadline to pass by-laws authorizing the use of alternative voting, such as by
mail or by internet, and vote counting equipment will be May 1st in the year before
the election (e.g., May 1, 2017 for the 2018 election).
 The clerk will need to have procedures and forms related to alternative voting
and vote counting equipment in place by December 31st in the year before the
election – December 31, 2017.
Campaign Finance
 Corporations and trade unions are no longer eligible to contribute to municipal
election campaigns. This includes all council and school board elections.
Corporations and trade unions can be third party advertisers and make
contributions to third party advertisers.
 There will be a new spending limit for parties and expressions of appreciation
after voting day.
 A candidate who does not accept any contributions of money, or incur any
expenses, is not required to open a bank account.
 If a candidate sells items for $25 or less in order to raise campaign funds, the
money is considered campaign income rather than a contribution. In this case,
the candidate does not have to issue a receipt, or make sure that the person
buying the item is eligible to make a campaign contribution.
Third Party Advertising
 The Municipal Elections Act, 1996 now includes a framework for third party
advertising.
 The framework will come into effect on April 1, 2018. 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.
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. 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, i.e. candidates
are not able to direct a third party advertiser. Candidates are not able to register
as third party advertisers.
 Third party advertising does not include issues-based advertising.
 Third party advertisers will have spending limits and there will be contribution
limits for those wishing to contribute to a third party advertiser.
 Corporations and unions will be permitted to make contributions to third party
advertisers, but will not be permitted to make contributions to candidates.
Enforcement
 Every candidate will be entitled to a refund of the nomination fee if they file their
campaign financial statement and, if needed, the auditor’s report by the deadline
(formerly the refund was available provided that the candidate obtained a
minimum of 2% of the votes cast for that office).
 There is now a 30-day grace period for candidates and third party advertisers
who miss the deadline to file a financial statement and auditor’s report, provided
that the candidate or third party advertiser pays a $500 late filing fee to the
municipality (previously there was no grace period).
 There will be a new process regarding contribution limits. The clerk who
conducted the election is responsible for reviewing the contributions that are
reported on the financial statements for council and trustee candidates as well as
third party advertisers. If a contributor appears to have given more than the
contribution limits allow, the clerk will report this to the compliance audit
committee. The compliance audit committee will then decide whether to
commence a legal proceeding against the contributor.
 Currently, it is an offence to give, lend, offer or promise someone an office or
employment in order to convince a person to run for office. This has been
expanded so that it is also an offence to give, lend, offer or promise someone
money or other compensation in order to induce a person to run for office, not
run for office or withdraw from running for office.
Voters’ List
 All certified candidates have access to the parts of the voters’ list that apply to
the office they are running for beginning September 1st in the election year.
 Applications to add, delete or change a person’s own information on the voters’
list can now take place in other formats (previously they had to be done in person
or in writing).
Nomination and Eligibility
 There is a new requirement that anyone wishing to run for office on a Council
must submit the signatures of 25 voters supporting the nomination. The
individuals providing the signatures will each have to sign a declaration stating
that they were eligible to vote in the municipality on the day that they signed the
endorsement.
 If a candidate files a nomination, and then changes their mind and decides to run
for a different office on the same council, they are not required to submit new
signatures.
 The requirement to submit 25 nomination signatures does not apply to
candidates running for school board trustee positions.
Accessibility
 Clerks are required to prepare a plan for the identification, removal and
prevention of barriers that affect voters and candidates with disabilities, and
make the plan available to the public before voting day in a regular election. The
clerk also needs to provide a follow-up report to the public within 90 days after
the election.
Financial Impact:
There is no financial impact at this time.
Attachment:
There is no attachment.
Respectfully submitted by,
Reviewed by,
Elana Arthurs
Clerk
Yvette Hurley
Chief Administrative Officer