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HomeMy WebLinkAboutProcedures for the Use of Vote Tabulators CITY OF KITCHENER PROCEDURES FOR THE USE OF VOTE TABULATORS 2018 PROCEDURE FOR USE OF VOTE TABULATORS Definitions In this procedure, Act - means the Municipal Elections Act, 1996, S.O.c32 as amended; Auxiliary Compartment - means the front compartment of the ballot box where un-counted ballots are temporarily stored in the event of a Vote Tabulator fails to operate; Ballot Box - means the cardboard box used with the vote tabulator where counted ballots are stored; Clerk - means the Clerk of the City of Kitchener appointed by by-law or his /her designate; Election Official - means any person designated by the Clerk to perform certain election functions. The Managing Deputy Returning Officer (MDRO), Deputy Returning Officer (DRO), Tabulator Assistant (TA), and Election Assistant (EA); Memory Card - means a cartridge or card where all tabulated totals are stored; Secrecy Folder - means an apparatus in which a ballot can be placed so as to conceal the names of the candidates and the marks upon the face of the ballot but does expose the initials of the Designated Election Official; Valid Mark - means a readable mark, using the designated black ballot marking pen, made in the designated space to the right of a candidate's name or question; Vote Tabulator - means a machine that digitally scans the ballots to read the votes and tabulate the results. Application of Procedure 1. (a) This procedure applies to an election conducted by The City of Kitchener, which has passed a by-law under Section 42 of the Municipal Elections Act, 1996 authorizing the use of vote tabulators at the voting places (Chapter 197, Municipal Code). (b) Where this procedure does not provide for any matter, an election to which this procedure applies shall be conducted as far as practicable in accordance with the principles of the Act. - 1 - Election Officials 2. The Clerk shall in writing appoint election officials for the purposes of this Procedure and may designate their titles and duties. Voting Subdivisions 3. The Clerk may divide the municipality into voting subdivisions. Ballots 4. (a) There sha name a designated space for the marking of the ballot. (b) Subsection (a) applies with necessary modifications to by-laws and questions. (c) The instructions on the ballot direct the elector to vote by marking an or filling in the blank space adjacent to the candidate of their choice. Programming of the Vote Tabulator 5. (a) The vote tabulator shall be programmed so that a printed record of the number of votes cast for each candidate and with respect to each by-law and question can be produced. (b) The vote tabulator shall be programmed so that the following ballots are returned to the election official with the messages described below: (i) A ballot that is blank in all of the specified voting spaces, as determined by a vote tabulator, with the message: BLANK BALLOT DETECTED 1 RETURN BALLOT 2 ACCEPT BALLOT (ii) A ballot with more designated voting spaces marked for an office than the voter is entitled to vote for, as determined by a vote tabulator, with the message: YOU HAVE OVERVOTED FOR AN OFFICE 1 RETURN BALLOT 2 ACCEPT BALLOT (iii) A ballot that is damaged or defective or has been marked in such a way that it cannot be properly processed by a vote tabulator. This - 2 - may include a ballot that has been torn or otherwise damaged, an improperly printed ballot, the wrong ballot type for that poll, or some other type of ballot that cannot be processed by the vote tabulator. Such ballots will be returned with the message: DEFECTIVE BALLOT SCAN 1 RETURN BALLOT 2 MANUAL OVERRIDE In the cases referred to in 5(2) (a), (b) and (c) above, the voter will be offered the option of marking a new ballot or requesting that the ballot be accepted as marked. Once a ballot is accepted by the tabulator, the voter cannot receive a new ballot. (iv) A ballot that contains a mark that does not fall within the parameters established to count such mark as a vote, as determined by a vote tabulator, with the message: AMBIGUOUS BALLOT DETECTED 1 RETURN BALLOT There is no override mechanism to force tabulators to accept ambiguous ballots. The voter will be requested to mark a new ballot. If the voter refuses the opportunity to mark a new ballot, the already marked TA and inserted in the appropriate envelope. (c) The vote tabulator shall be programmed to accept and tabulate properly marked votes on an undervoted ballot. If an elector who has overvoted on a contest and chooses not to mark a new ballot, the tabulator will be programmed to tabulate the other properly marked contests. Testing of Vote Tabulator 6. (a) Prior to voting day, the Clerk shall have the vote tabulators tested to ensure that they will accurately count the votes for all candidates that are marked with the pen provided and with a valid mark in the designated area. (b) When testing the vote tabulators, adequate safeguards shall be taken to ensure that the system, or any part of it, that is used for processing and tabulating votes is isolated from all other applications or programs and that no remote devices are capable of gaining access to the system. - 3 - 7. at the advance poll or for Voting Day. (a) Testing the Vote Tabulators (Diagnostic Testing) This test will ensure that the clock, LCD display, system memory, printer, serial port, auxiliary port, and ballot reader are all functioning properly. (b) Testing Memory Cards This will test every memory card to ensure it is not defective. (c) Testing Ballots Once the ballots have been printed and received from the printing house, a test deck must be prepared and tested on each machine. A test deck must include every type of ballot and be comprised of samples of blank ballots, under-voted ballots, over-voted ballots, and properly completed ballots. (d) Procedure for Testing Ballots The test shall be conducted as follows: (i) assign a varying number of votes to a pre-audited group of ballots marked with the designated black ballot marking pen in designated area; (ii) manually count each valid vote and record the results; (iii) tabulate the pre-audited ballots using the vote tabulator; (iv) compare the output of the tabulator with the pre-audited results. If the Clerk detects any error in the test, the cause of the error shall be ascertained and corrected and the test repeated until an errorless count is made. (e) Procedure for Testing Audio A test must include every type of ballot to be used and be comprised of samples of under-voted ballots, over-voted ballots, and properly completed ballots. The test shall be conducted as follows: (i) A list is to be compiled of predetermined votes to be cast; - 4 - (ii) by using the headphones and hand switch, the votes for all races in the election are to be cast according to the predetermined list; (iii) compare the results from the tape of the voting machine against the predetermined list of votes to be cast. (f) Defective Machine In the event that a vote tabulator shall be replaced, or a memory card must be replaced, the unit/card must be retested before it is put into operation. If a memory card is replaced, the card must be tested and the test deck of ballots shall be tested again, using the new pack. (g) Test Documentation A complete record of all testing phases shall be retained. In the event that the competency of the voting equipment is questioned, all printouts, reports, and the test decks shall be retained for verification purposes. The Clerk shall, at the completion of the test, retain the programs, test materials and ballots in the manner provided for in the Act for the keeping of election records. The Clerk shall have access to the pre-audited group of ballots and other materials used in the programming of the vote tabulators. Testing of Spare Vote Tabulators 8. Candidates/Scrutineers 9. (a) Candidates may appoint scrutineers in writing to represent him or her at the voting place. (b) Scrutineers must show their written appointment to election officials upon request. (c) A candidate may have a scrutineer at each ballot issuing location and each vote tabulator at the voting place. (d) To protect the secrecy of the vote, scrutineers will be unable to examine the ballots or to object to ballots or to the counting of votes in a ballot as provided for in subsections 47(5)(e) and 47(5)(f) and 54(3) of the Act as the ballots are being fed into the vote tabulator by the election official. - 5 - (e) For the purposes of clauses (3) and (4) above, candidates who enter the voting place are considered to be scrutineers. Procedure at the Voting Place 10. (a) If a vote tabulator is to be used in a voting place, the Managing Deputy MDRO) or election official shall, in the presence of all scrutineers present, cause the vote tabulator to print a copy of all totals in its Memory Pack one hour or less before the opening of the voting place confirming "0" totals. (b) If the totals are zero for all candidates, by-laws and questions, the Managing Deputy Returning Officer or election official shall ensure that the zero printout remains affixed to the vote tabulator until the results are printed by the vote tabulator after the close of the vote. (c) If the totals are not zero for all candidates, by-laws and questions, the Managing Deputy Returning Officer or the election official shall immediately notify the Clerk and shall conduct the vote using the auxiliary compartment of the ballot box until the vote tabulator is made operational or the Clerk provides a back-up vote tabulator to the voting location. 11. The Clerk may assign an Election Officer, in addition to the Deputy Returning (a) The Deputy Returning Officer or an Election Officer shall, at the same time as the ballot is delivered, provide a secrecy folder to each voter. (b) Upon receiving the ballot, the voter shall: (i) proceed to the voting compartment; and, (ii) (c) After marking the ballot in the voting compartment, the voter shall: (i) insert the ballot into the secrecy folder with the Deputy Returning Officer's or other designated initials showing; (ii) leave the compartment without delay; and, (iii) deliver the secrecy folder containing the ballot to the Managing Deputy Returning Officer or Election Officer. (d) The Managing Deputy Returning Officer or Election Officer shall, in the presence of the voter and without removing the ballot from the secrecy - 6 - folder, verify the initials of the Deputy Returning Officer or other designated Election Officer; and, (i) if the vote tabulator is operational, insert the secrecy folder containing the ballot into the feed area of the vote tabulator until the vote tabulator draws the ballot from the secrecy folder in full view of the voter; or, (ii) If a vote tabulator fails to operate, the Managing Deputy Returning Officer or Election Officer shall: (1) insert the ballots into the auxiliary compartment of the ballot box; and, (2) follow the procedures in the event of a malfunction of a tabulator during voting outlined in Section 13. (e) If a ballot described in clause 5(b) (i), (ii) or (iii ) is returned by the vote tabulator and the voter who delivered the ballot is still present, the Managing Deputy Returning Officer shall: (i) explain to the voter why the tabulator has returned the ballot; and (ii) mark the ballot "cancelled" and place it in the cancelled ballot envelope; and, (iii) deliver another ballot to the voter and instruct the voter how to properly mark the ballot. (f) If a ballot described in clause 5(b) (i), (ii) or (iii) ) is returned by the vote tabulator and the voter who delivered the ballot is still present and declines to accept another ballot, or has left the voting place and is no longer present, the Managing Deputy Returning Officer or election official shall, without showing the face of the ballot to anyone, insert the ballot into the feed area of the vote tabulator and cause the tabulator to accept or override the ballot. In the cases referred to in 5(b) (i), (ii) or (iii) above, the voter will be offered the option of marking a new ballot or requesting that the ballot be accepted as marked. Once a ballot is accepted by the tabulator, the voter cannot receive a new ballot. - 7 - Procedure for Audio Voting 12. When an elector requests an audio vote, the Election Official shall: (a) envelope. (b) The Election Official will provide the elector with head phones and the hand switch, and will provide them with verbal instructions as to how to operate the equipment. (c) To initiate the ballot, the Election Official will contact the security key to the From the list of audio ballot codes provided, select the proper ballot for code entered will be shown in the display and the Election Official will re-entering the correct number. (d) The audio ballot will start automatically, and once the voter has finished voting, the audio ballot will be saved and the counter will increment. (e) The vote tabulator can continue to scan paper ballots while an audio ballot is in session, and it is not necessary to wait for the audio ballot to be completed before inserting the next paper ballot. 13. Procedure in the event a tabulator malfunctions during the voting process: In the event that a tabulator malfunctions during the voting process and the memory card is still functional, it may be necessary for an adjustment or replacement of the tabulator. If this is necessary, the preferred course of action is to substitute the faulty equipment with a spare vote tabulator. The following steps shall be performed in order to smoothly and quickly replace the faulty equipment and resume the regular voting activities. NOTE: At no time shall an elector be prevented from casting their ballot. (a) The Election Official shall remove the memory card from the malfunctioning tabulator, and insert the memory card into the replacement tabulator. (b) The Election Official shall pack up the faulty equipment and set up the substitute vote tabulator. In an effort to expedite the replacement, the - 8 - election official who delivered the replacement tabulator may assist in packing up the faulty equipment. (c) The Election Official shall turn on the replacement tabulator and proceed to print a re-start tape to verify the number of ballots processed to that point. No results are displayed on this tape. The MDRO or Tabulator Assistant shall then sign the re-start tape and leave the tape attached to vote tabulator. The existing ballot box continues to be used to accept ballots that are to be fed through the replacement tabulator for the remainder of the day. In the event that a memory card malfunctions, the replacement memory card has been provided, the Election Official shall: (d) Verify that the vote tabulator and replacement memory card are operational, seal the ballot box containing any ballots which were previously processed or inserted into the auxiliary compartment during the ose of the poll. (e) A new, empty ballot box is then used to accept ballots that are to be fed through the tabulator with the new memory card for the remainder of the day. (f) The Election Official shall turn on the vote tabulator and proceed to print, verify and sign the zero totals report, as was done prior to the opening of the poll. (g) The ballots in the original ballot box will be fed through the vote tabulator after the close of the poll . Procedure for Closing the Voting Place for Advance Votes 14. The Election Official shall, after the close of the first day of advance voting, check the auxiliary compartment for ballots to ensure all ballots have been processed. All ballots removed from the auxiliary compartment of the ballot box shall be processed through the voting machine. The Election Official shall immediately, look at the display on the vote tabulator and write down the number of ballots processed through the unit; and, (a) unplug the vote tabulator, seal the ballot box and the ballot feed slot in the vote tabulator, and place it in the carrying case provided. Candidates or scrutineers may, if present place their seal on the equipment and ballot box; and (b) personally deliver the vote tabulator and other election supplies to the Clerk or a secure location designated by the Clerk. - 9 - 15. On subsequent days of a continuous advance vote, the vote tabulator and other election supplies shall be brought to the advance polling place. The vote tabulator shall be plugged in and the number of ballots cast on the display shall seals are to be removed on the ballot box and the vote tabulator, and voting is to resume. T followed where there are further days of continuous advance voting. At the close of voting on the final day of an advance vote or a continuous advance vote, the Election Official shall: (a) check the auxiliary compartment of the ballot box for ballots to ensure all ballots have been processed. (b) Any ballots removed from the auxiliary compartment of the ballot box shall be processed through the voting machine. (c) Look at the display on the vote tabulator and write down the number of ballots processed through the unit. The number will later be recorded on the statement form; (d) Secure the vote tabulator against receiving any more ballots; (e) Sign the certificate portion of the printed record along with any scrutineers or candidates who are present and wish to sign; (f) Turn off the Vote Tabulator; (g) Seal the ballot box to ensure the box cannot be reopened without breaking the seal and to cover the ballot slot; (h) Remove the memory card and place in the designated bubble pack along with the Zero Totals Report and printed Record of Votes. The bubble pack will be closed, sealed and signed by the MDRO, a DRO and any candidates/scrutineers. The Designated Election Official shall deliver all ballot boxes, the vote tabulator, bubble packs with memory card and other supplies to the Clerk. (i) The total of the votes cast at the advance vote shall not be made available until after 8 p.m. on voting day. - 10 - Procedure For Closing The Voting Place On Voting Day 16. (a) The Election Official shall, after the close of the voting, check the auxiliary compartment of the ballot box for ballots to ensure all ballots have been processed. (b) Any ballots removed from the auxiliary compartment of the ballot box shall be processed through the voting machine. (c) Look at the display on the vote tabulator and write down the number of ballots processed through the unit. The number will later be recorded on the statement form; (d) Secure the vote tabulator against receiving any more ballots by invoking (e) Obtain a printed record of vote results given for each candidate and, if applicable, the votes given for and against a by-law or question; (f) Sign the certificate portion of the printed record along with any scrutineers or candidates who are present and wish to sign; (g) Remove the Zero Totals Report and attached printed record of vote results from the vote tabulator and place them in the designated bubble pack; (h) Provide additional copies of printouts for any scrutineer upon request; (i) Turn off the Vote Tabulator; (j) Seal the ballot box to ensure the box cannot be reopened without breaking the seal and to cover the ballot slot; (k) Remove the memory card and place in the designated bubble pack along with the Zero Totals Report and printed record of votes. The bubble pack will be closed, sealed and signed by the MDRO, a DRO and any candidates/scrutineers. The Designated Election Official shall deliver all ballot boxes, the vote tabulator, bubble packs with memory card and other supplies to the Clerk. (l) If a vote tabulator has been used to tabulate votes cast in a voting place but the tabulation of the votes cannot be completed because the vote tabulator is not operating or cannot be made to operate within a reasonable time following the close of the voting, the Designated Election Official shall, after the close of the voting and after determining the tabulation cannot be completed: - 11 - (i) seal the ballot box in such a manner that it cannot be opened or any ballots be deposited in it without breaking the seal; (ii) secure the vote tabulator against receiving any more ballots; (iii) personally deliver the ballot box, all supplies, and vote tabulator to a place designated by the Clerk where a back-up vote tabulator is located; (iv) follow the procedures set out in Retesting of Vote Tabulators section to ensure that the totals of the back-up vote tabulator are zero for all candidates, by-laws and questions; (v) insert all the ballots from the ballot box into the back-up vote tabulator; and, (vi) follow the procedures for Closing the Voting Place on Voting Day. Note: To expedite the accumulation of total results, the Clerk may authorize other individuals to pick up MDRO Bubble Packs, including the Memory Packs, at each voting location and deliver them to City Hall, while the MDROs, DROs and other election officials complete their work. Procedure for Opening/Closing of Voting Places under sections 46(2), 46(3) Institutions and Retirement Homes 17. The Act permits the Clerk of a municipality to reduce the hours for voting at an institution and/or retirement home. The hours for voting on Voting Day for these facilities will be: as far as practicable half of the facilities at 10:00 a.m. 2:00 p.m. and the other half at 4:00 p.m. 8:00 p.m. Each voting place will have a programmed memory card for that location however, one tabulator may be used for more than one location. (a) All facilities will open and conduct the voting as per Sections 10 and 11 of this procedure with appropriate modifications. Subsection 45(9) of the Act requires that a DRO attend on an elector with a disability within the facility, in order to allow them to vote. A candidate or scrutineer for a candidate, may accompany the DRO. (b) The Election Official attending those facilities that are open for voting between 10 a.m. and 2 p.m. will at the close of voting, follow the procedure set out in subsection 14 (close of an advance vote) of this procedure. - 12 - (c) The Election Official attending those facilities that are open for voting between 4 p.m. and 8 p.m. will at the close of voting, follow the procedure set out in subsection 16 (close of voting on Voting Day) of this procedure. Voting Results from Advance Voting and Institutions and/or Retirement Homes 18. The total of the votes from Institutions/ Retirement Homes where the voting was held on Voting Day between 10 a.m. and 2 p.m. and, from advance poll voting, shall not be made available until after 8 p.m. on voting day. (a) After 8 p.m. on Voting Day, in the location designated by the Clerk for the uploading of memory cards to the election computer, the sealed bubble packs from the advance voting and Institutions/ Retirement Homes where the voting was held on Voting Day between 10 a.m. and 2 p.m. will be opened in full view of those in attendance. The memory cards will be removed and inserted into a vote tabulator and the designated person will invoke the Close Voting procedure including printing of the Record of Votes and providing copies for any candidate/scrutineer present. General 19. If, at the close of the voting, the Clerk is of the opinion that it is impracticable to count the votes with the vote tabulators, he or she may direct that all the votes cast in the election shall be counted manually following as far as practicable the provisions of the Act governing the counting of votes. 20. The Clerk shall, at the completion of the count, retain the programs, memory packs, test materials and ballots in the same manner as is provided for in the Act for the keeping of election records. 21. (a) The Clerk shall retain and may have access to the pre-audited group of ballots and other materials used in the programming of vote tabulators; (b) the Clerk shall not alter or make changes to the materials. Recounts 22. If a recount of votes is held, the votes shall be counted in the same manner as the votes were counted on Voting Day. 23. (a) All vote tabulators to be used in the recount shall be tested before the recount in the manner described in the (b) the Clerk shall attend the recount and bring the ballot boxes, vote tabulators, statement envelopes and all documents that, in the opinion of the Clerk, are relevant to the recount. - 13 - The procedures described in this document are subject to change at the discretion of the Clerk if, in the opinion of the Clerk, such change is necessary or desirable for conducting the election. - 14 -