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HomeMy WebLinkAboutCandidate Reference Manual #1 Candidate Reference Manual #1 Reference Manual #2 will be available on or before September 25, 2018 2018 Municipal Election ŷĻ źƓŅƚƩƒğƷźƚƓ ğƓķ ƦƩƚĭĻķǒƩĻƭ ƦƩƚǝźķĻķ źƓ Ʒŷźƭ ķƚĭǒƒĻƓƷ ğƩĻ ƭǒĬƆĻĭƷ Ʒƚ ĭŷğƓŭĻ ğƷ ƷŷĻ ķźƭĭƩĻƷźƚƓ ƚŅ ƷŷĻ /źƷǤ /ƌĻƩƉ T A B L E O F C O N T E N T S SUBJECT PAGE A. Introduction 1. General ................................................................................................. 3 2. Important Dates .................................................................................... 3 3. Offices .................................................................................................. 4 4. Corporate Resources Policy ................................................................. 5 B. Nomination Procedures ............................................................................. 6 Elector Qualifications 7 C. Campaign Information 1. Third Party Advertising .......................................................................... 8 2. Election Campaign Finances ................................................................ 8 8 9 3. Election Signs 9 4. Prohibition - Canvassing in Voting Places ............................................ 10 5. Scrutineers 10 General ........................................................................................... 10 Rights of Candidates and Scrutineers ............................................ 10 Candidates and Scrutineers are prohibited from ............................ 11 D. General Information 1. Communications ................................................................................... 12 2. Advance Votes ...................................................................................... 12 3. Elector Notice ........................................................................................ 12 12 5. Voting Places ........................................................................................ 13 2| Page INTRODUCTION (PART A) 1. GENERAL The information in this guide has been prepared to assist individuals intending to stand for elected office. It is intended only as a guide to certain relevant legislation and does not provide all applicable statutory references. Each candidate is responsible for ensuring s/he is compliant with all statutory requirements. Thus, review and become familiar with the Municipal Elections Act, 1996, as amended, which can be downloaded from the provincial website, here. In addition, a 2018 Candidates' guide for Ontario municipal council and school board elections prepared by the Ministry of Municipal Affairs is available on the Ministry of Municipal Affairs & Housing website, here. 2. IMPORTANT DATES - 2018 MUNICIPAL ELECTION May 1 July 26, 2018 Nomination may be filed at Legislated Services, 2nd Floor, Berlin Tower, City Hall (8:30 am to 5 pm daily when the office is open to the public). The following offices are open for nomination: o Mayor o Ward Councillor o Waterloo Region District School Board o Waterloo Catholic District School Board o Conseil scolaire catholique MonAvenir The City of Kitchener does not accept nominations for: o Regional Chair & Councillor File at the Regional Office - 150 Frederick St., Kitchener, Ontario N2G 4J3 o The Conseil scolaire Viamonde Trustee File at London City Hall - 300 Dufferin Ave, London, ON N6B 1Z2 July 27, 2018 Nomination Day - Nominations accepted in Legislated Services, City Hall from 9am to 2pm. September 3, 2018 September 4 October 22, 2018 Voters' List Revision Period. September 7, 2018 First day for placing elections signs. October 10-13, 2018 Advanced poll days. 3| Page October 22, 2018 Voting Day Voting places are open 10am-8pm. October 25, 2018 By 11:59pm; o Removal of all election signs. December 31, 2018 Campaign period for candidates ends. March 29, 2019 Financial statement filing deadline for candidates. April 29, 2019 By 2pm; o Late financial statement filing deadline for candidates. o Late financial filings must be accompanied by the $500 late filing fee. 3. OFFICES Office Number to be Elected Mayor 1 Ward Councillor 10 (1 from each ward) Regional Chair 1 Regional Councillor 4 Waterloo Region District School Board 4 (English Public) Waterloo Catholic District School Board 4 (English Separate) Conseil scolaire Viamonde 1 (French Public) Conseil scolaire Catholique MonAvenir 1 (French Separate) TERM OF OFFICE The Term of Office is 4 years commencing December 1, 2018 and ends on November 14, 2022. Note: The Term of Office has changed and will end on November 14, 2022. Members elected to office in 2022 will begin their term November 15, 2022. 4| Page 4. USE OF CORPORATE RESOURCES FOR POLITICAL CAMPAIGN PURPOSES Use of any Corporate Resources or City facilities by candidates and registered third parties for any election related material is strictly prohibited. This includes the City of Kitchener corporate crest and clock tower logo, which is protected under the Copyright Act. The reason for this prohibition is to remove any suggestion that the Corporation of the City of Kitchener supports or otherwise endorses any campaign material or statements made by candidates. Any disregard of this prohibition will be acted upon by the Corporation and could result in legal action. The policy is available here. 5| Page NOMINATION PROCEDURES (PART B) The Municipal Elections Act, 1996, as amended, provides that a candidate's election campaign period for all offices begins on the day he/she files a nomination for the office. Candidates cannot spend or raise money for their election until a nomination is filed. Information on the legislation regarding nomination qualifications and the nomination process can be found here. A blank Nomination Form and a separate Declaration of Eligibility are available on the City of Kitchener Website, the details of filing a nomination are explained below: 1) All candidates must provide photo identification. 2) All candidates must provide proof of Canadian citizenship, age and qualifying address. 3) Nominations can only be made using the prescribed form and signed by the person being nominated. Nominations forms must be filed in Legislated Services, 2nd floor, City Hall, 200 King Street West, Kitchener, personally either by the candidate or by his/her agent: a) during the hours 8:30am to 5pm on any day from May 1 to July 26, 2018 when the office is open to the public; or b) during the hours 9am to 2pm on Nomination Day, Friday, July 27, 2018. 4) Facsimile transmissions, emailed or mailed-in nomination forms are not permitted. 5) A completed Declaration of Eligibility form is required when filing a nomination. 6) At the time when a candidate is filing his or her nomination form, 25 endorsement signatures and declarations from eligible electors anywhere in the municipality must also accompany the nominations form. An individual endorsing a candidate must be an eligible elector in the municipality on the date the elector endorses a candidate. Eligible electors can endorse more than one candidate. Note: The requirement of 25 endorsement signatures and declarations does not apply to school board trustee candidates. 7) All nominations must be accompanied by a filing fee payable in cash, debit, certified cheque or money order to The City of Kitchener as follows: $200 for the Office of Mayor $100 for all other offices Note: A candidate for an office is only entitled to receive a refund of the nomination filing fee if s/he submits his or her financial statement(s) by the required deadline. View details about the financial statement deadline in the Municipal Elections Act, 1996, here. 8) If there are insufficient nominations for an office by the deadline described above, additional nominations may be filed between 9am and 2pm on Wednesday, August 1, 2018. 9) The onus is on the person nominated for election to an office to file a bona fide nomination form. 6| Page 10) All nominations filed on or before nomination day shall be examined by the Clerk before 4pm on Monday, July 30, 2018. Any additional nominations filed as described in Section 6 above shall be examined by the Clerk before 4pm on Thursday, August 2, 2018. 11) If satisfied that a person is qualified to be nominated and that the nomination complies with the Act, the Clerk shall certify the nomination by signing the nomination form. 12) If not satisfied that a person is qualified to be nominated or that the nomination complies with this Act, the Clerk shall reject the nomination. The Clerk will then give notice of such rejection to the person who sought to be nominated and to all candidates for the office 13) The Act provides that the Clerk's decision to certify or reject a nomination is final. 14) A person may withdraw his/her nomination by filing a written withdrawal in Legislated Services before 2pm on Nomination Day, Friday, July 27, 2018. If the withdrawal relates to additional nominations filed as described in Section 6 above, the person has until 2pm on Wednesday, August 1, 2018 to file with the Clerk a written withdrawal of his or her nomination. Note: Withdrawing after 2pm on July 27, 2018 will require you to sign a declaration confirming you forfeit your candidacy for elected office for the 2018 election and will not occupy the seat if elected. 15) No reference to a candidate's occupation, degree, title, honour or decoration shall appear on the ballot. If the candidate wishes and the Clerk agrees, another name that the candidate also uses may appear on the ballot instead of or in addition to his or her legal name. ELECTOR QUALIFICATIONS Electors must be eligible to endorse and/or vote for a candidate. Potential candidates must also meet the eligibility requirements below. A person is entitled to be an elector at an election held in a local municipality if, on voting day, s/he: a) resides in the local municipality or is the owner or tenant of land there, or the spouse of such owner or tenant; b) is a Canadian citizen; c) is at least 18 years old; and d) is not prohibited from voting as stated hereunder or otherwise by law. The following are prohibited from voting: a) A person who is serving a sentence of imprisonment in a penal or correctional institution. b) A corporation. c) A person acting as executor or trustee or in any other representative capacity, except as a voting proxy. d) A person who was convicted of the corrupt practice described in subsection 90 (3) of the Municipal Elections Act, 1996, as amended, if voting day in the current election is less than 5 years after voting day in the election in respect of which he or she was convicted. 7| Page CAMPAIGN INFORMATION (PART C) It is very important that candidates understand and comply with the Act, especially with the responsibilities and obligations related to advertising, campaign finances and reporting. Please refer to the Municipal Elections Act, 1996, for the duties of a candidate, here. Candidates cannot spend or raise money for their election until a nomination is filed. 1. THIRD PARTY ADVERTISING Third party advertising during a municipal election is regulated for the first time in 2018 under the Municipal Elections Act, 1996. A Third party advertisement is an advertisement in any broadcast, print, electronic or other medium, that has the purpose of promoting, supporting or opposing a candidate or question on the ballot. To ensure compliance and for more information on the legislation regarding third party advertising, refer to the Municipal Elections Act, 1996, here. 2. ELECTION CAMPAIGN FINANCES Expenses: When a nomination is filed at Legislated Services, the person filing will be given two separate certificates of the preliminary permitted amount of expense limits. Candidates must track all campaign expenses. Candidates cannot exceed the maximum permitted expense and contribution limits for their campaign. Certificate #1 will provide the preliminary maximum amount the candidate may incur in expenses for their campaign and it will be based on the following formula as of Nomination Day 2014: Head of a council: $7,500 + $0.85 x (# of electors entitled to vote for that office) Other offices: $5,000 + $0.85 x (# of electors entitled to vote for that office) Certificate #2 will provide the preliminary maximum amount a candidate for council or their spouse may contribute to their own campaign based on the following formula as of Nomination Day 2014: The lesser of $25,000, or: Head of a council: $7,500 + $0.20 x (# of electors entitled to vote for that office) Other offices: $5,000 + $0.20 x (# of electors entitled to vote for that office) Note: Note: Certificate #2 does not apply to school board trustee candidates. The two certificates will be reissued on or before September 25, 2018 if the number of electors as of September 15, 2018 is greater than the number of electors on Nomination Day in 2014. 8| Page Along with the two certificates above,you will also receive a certificate indicating the maximum amount you may spend on parties or expressions of appreciation after Voting Day. Contributions: Money, goods and services given to or accepted by or on behalf of a person for his/her election campaign are contributions. This can occur only after the individual intending to run for office has been nominated. Candidates must track all contributions and campaign income. The following persons can An individual who normally resides in Ontario. The candidate or their spouse. The following persons or entities cannot Corporations that do business in Ontario. Trade unions that hold bargaining right for employees in Ontario. A provincial or federal political party, constituency association, registered candidate or leadership contestant registered under the Election Finances Act. The Crown in right of Canada or Ontario, a municipality or a local board. Candidates must inform contributors of the contribution limit. The contribution limits to candidates are as follows: $1200 to any single candidate. A total limit of $5000 to two or more candidates on the same council or local board. 3. ELECTION SIGNS WITHIN THE CITY OF KITCHENER There are now requirements for advertisements produced by a candidate. To view the requirements for candidates election advertisements view the Municipal Elections Act, 1996, here. The City of Kitchener sign By-law regarding elections signs (Article 9) can be found here. The earliest date for placing election signs is September 7, 2018. It is important to note that the City will not get involved in determining who or what type of sign (business or election sign) is to be displayed on a property, other than to advise if a pre- approved location is available. All decisions of this nature must be dealt with by the property owner and their tenants. Please be advised that it is the intent of our office to ensure compliance with the provisions relating to election signs, fairly and consistently to the best of our ability. In the event that a sign is found to be in violation of any of the pr- law, it is the intention of this office to contact your campaign office and request that the sign be removed or relocated as soon as possible. If you fail to comply with our request, City staff reserve the right to enforce the provisions of the legislation and By-law, which can include removing the signs and/or initiating legal action. 9| Page However, in the event that a sign is found to be creating a safety hazard in any way, it is important to note that City staff reserve the right to remove the sign immediately. Note: The Regional Municipality of Waterloo By-law regulates what is and is not permitted in regard to roads within the City of Kitchener boundary which are under the jurisdiction of the Regional Municipality of Waterloo. For further information see the regional sign By-law here, or call 519-575-4591. 4. PROHIBITION - CANVASSING IN VOTING PLACES Section 48 of the Municipal Elections Act, 1996 provides that: While an elector is in a voting place, no person shall attempt, directly or indirectly, to influence how the elector votes. No person shall display a candidate's election material or literature in a voting place. Note: In most cases, a Voting Place will include the entire property not just the building (e.g. parking lot, walkway, garden, etc.). This applies to advance voting locations as well as voting locations on Election Day. 5. SCRUTINEERS General A candidate may appoint scrutineers, using the form on the City of Kitchener website, to represent him/her during voting and at the counting of the votes. View more information about scrutineers in the Municipal Elections Act, 1996, here. A scrutineer shall, upon request, show proof of his/her appointment to the election official in charge of a voting place or a place where votes are being counted. A scrutineer or the candidate who appointed him/her, may remain in a voting place when the vote is being taken or where the votes are being tabulated (not both). Scrutineers are not permitted to share any work surface being used by election workers or voters. Candidates are responsible to inform their scrutineers as to their expected conduct and what is permitted at the voting place. Rights of Candidates and Scrutineers enter the voting place 15 minutes before it opens and to inspect the ballot box, the blank ballots and all other papers, forms and documents relating to the vote (but not so as to delay the timely opening of the voting place); place his/her own seal on the ballot box before the opening of the voting place but not so as to impede ballots being deposited into the ballot box; place his/her own seal on the ballot box immediately after the close of voting on each day of an advance vote but not so as to impede ballots being deposited into the ballot box; sign the statement of the Deputy Returning Officer; place his/her own seal on the ballot box prior to its return to the Clerk by the Deputy Returning Office but not so as to impede ballots being deposited into the ballot box; and, 10| Page be present when materials and documents relating to the election are delivered to the Clerk after the close of advance voting and at the conclusion of the vote on Voting Day; Candidates and Scrutineers are prohibited from: attempting, directly or indirectly, to influence how the elector votes; displaying a candidate's election campaign material or literature in a voting place; compromising the secrecy of the voting; interfering or attempt to interfere with an elector who is marking the ballot; obtaining or attempt to obtain, at a voting place, information about how an elector intends to vote or has voted; communicating any information obtained at a voting place about how an elector intends to vote or has voted; interfering with any election worker while they are performing their duties. 11| Page GENERAL INFORMATION (PART D) 1. COMMUNICATIONS Unless specified under the Municipal Election Act, 1996, the preferred method of communicating ongoing information between the Legislated Services and candidates is via email. Please ensure your email address is provided to this office. For election campaign inquiries, please email ElectionCampaigning@kitchener.ca 2. ADVANCED POLLS Wednesday, October 10 Friday, October 12, (2:00 8:00 p.m.) and Saturday, October 13, 2014 (10:00 a.m. 2:00 p.m.) at the locations listed below: Kitchener City Hall, 200 King Street W Sportsworld Arena, 35 Sportsworld Crossing Rd Stanley Park Community Centre, 505 Franklin St N Country Hills Community Centre, 100 Rittenhouse Rd Forest Heights Community Centre, 1700 Queens Blvd St Johns Community Kitchen, 97 Victoria St N th o 10am 2pm on Thursday, October 11 only The Ray of Hope Community Centre, 659 King St E th o 2 8pm on Thursday, October 11 only 3. ELECTOR NOTICE Although not required by the legislation, sometime before the date of the first advance vote, Kitchener electors will be notified by mail of the location and hours of operation of the voting place at which they are entitled to vote. 4. Posting The preliminary list of electors will be compiled by the Municipal Property Assessment made available as of September 4, 2018 in the locations stated below: Office of the City Clerk, 2nd floor, City Hall 200 King Street W., Kitchener Kitchener Public Libraries Kitchener Community Centres Regional Clerk's Office, 2nd floor, 150 Frederick Street, Kitchener Availability of Copies A candidate will be provided with an electronic copy at no charge. The Act provides that upon written request of a candidate for an office, the Clerk shall provide a hard copy of the Voters' List. 12| Page School Support Extract Candidates for school board office can also apply to the Secretary of the relevant board for a copy of the extract taken from the preliminary list. Extracts do not constitute an official preliminary list and are not subject to revision. 5. VOTING PLACES A complete list of voting places is available on the City of Kitchener. Note: Polling subdivisions and locations in 2018 may be different from 2014 13| Page