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HomeMy WebLinkAboutCOR-2021-33 - 2022 Municipal & School Board Election - Mail-in Ballots as a Supplementary Voting Option REPORT TO: Council DATE OF MEETING: November 22, 2021 SUBMITTED BY: Tarling, Christine, Director of Legislative Services/City Clerk, 519- 741-2200 ext. 7809 PREPARED BY: Boomer, Cody, Election Project Manager, 519-519-741-2200 ext. 7273 WARD(S) INVOLVED: All DATE OF REPORT: November 17, 2021 REPORT NO.: COR-2021-33 SUBJECT: 2022 Municipal & School Board Election Mail-in Ballots as a Supplementary Voting Option RECOMMENDATION: For Information. REPORT HIGHLIGHTS: The purpose of this report is to provide additional information regarding mail-in ballots th , 2021. Implementing mail-in ballots would require a large increase in the election budget and the risks associated with mail-in ballots outweigh the benefits. Instead of mail-in ballots, staff proposes to explore other means by which to deliver the vote to eligible electors to address equity, accessibility, customer service, and pandemic planning needs. Community engagement feedback regarding mail-in ballots indicates it was the third ranked voting option out of four. This report supports the delivery of core services. BACKGROUND: Upon receipt and consideration of staff report COR-2021-26 2022 Municipal & School Board Election Alternative Voting Methods, dated November 8, 2021, Council directed staff to provide more information regarding mail-in ballots specifically. By-law 2006-135 is already in place for the use of paper ballots/tabulators in all Kitchener municipal elections and so would remain as the primary voting method for the 2022 municipal and school board elections. The purpose of this report is to present Council with additional information regarding mail-in ballots as a potential supplementary voting method for 2022. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. In COR-2021-26 City staff used well-established election principles and factors in analyzing the various alternative voting methods. These same principles and factors, as listed below, were also used in analyzing mail-in ballots specifically. Election Principles: Accessibility The election is compliant with Accessibility for Ontarians with Disabilities Act (AODA) and enable all stakeholders who wish to participate to do so. Equity The election is equitable and fair for all stakeholders. Security Ballots cast will be secure from tampering. Secrecy An will be confidential. Integrity Integrity of the voting process and election record will be upheld. Verifiability Election results will be auditable and defendable. Legally Binding The election processes and procedures will adhere to the requirements of the MEA and other applicable legislation and governing policies. Factors: Cost Administration of the election is cost effective. Customer Service Continue to improve our procedures and processes. Efficiency An easy and facilitated voting experience. Counting & Results Reporting Reliable and timely results tabulation Pandemic planning Ability to provide for a safe and healthy election. REPORT: Analysis of Mail-in Ballots Mail-in ballots is one of three alternative voting methods available for use by municipalities in Ontario. According to data received by AMCTO in 2018, 48 municipalities used mail-in ballots for their municipal election. While staff is aware of some Ontario municipalities similar in size to Kitchener that will use mail-in ballots for the 2022 election, staff do not know at this moment what the total number of municipalities using this method will be. Permitting mail-in ballots as a supplementary method would provide electors with an additional method to cast their ballot. The general process for casting a mail-in ballot would be as follows: 1. A voter registers with the City by a registration deadline requesting a mail-in ballot. 2. Election staff tracks the requests and verifies information on the Voters List. 3. Election staff prepares and mails kits that include the ballot, voter declaration card, a secrecy envelope, and a return envelope with pre-paid postage. 4. The voter marks and seals their ballot in the secrecy envelope and sends the ballot back to the City with the voter declaration card in the return envelope. 5. Election staff receives and opens the returned kit, separates the voter declaration card from the sealed ballot. The voter is struck from the Voters List and the sealed ballot is stored in a secured location until time of tabulation. Staff previously recommended internet voting because it best achieved our election principles and factors. Mail-in ballots achieves only some level of improvement and at a considerably higher cost.Election staff believes improvements to equity, accessibility, and customer service as well as pandemic planning can be achieved via other means with less cost. Benefits and Drawbacks of Mail-in Ballots Benefits provided: Utilized by other levels of government including the recent Federal election which would increase the comfort level of those who chose to vote by mail in that election. Ability for an elector to complete their ballot outside of traditional voting hours which enhances equity for those who are unable to vote at advanced polls or on Election Day. Offers a semi-remote voting option which limits contact and could increase health and safety if there were an ongoing pandemic during the election. Unlike internet voting, physical ballots are readily available in the case of a judicial recount. Drawbacks to consider: Ballot Casting and Ballot Package Errors: Electors risk the chance of unintentionally marking or spoiling their ballots without the opportunity to re-cast their mismarked ballot. With the inability to re-cast a ballot, a ballot may be unable to be counted. Limited ability for election staff to support electors while completing their ballot. This would reduce the level of customer service election staff could provide which could potentially increase the number of spoiled ballots. Electors are required to complete a declaration stating and confirming their identity and ability to vote. If the voter does not sign or send a voter declaration, the ballot cannot be counted. This would include many variations of this problem, such as multiple ballots being submitted with only one accompanying voter declaration form. Electors are required to submit their ballot in a secrecy envelope inside the return envelope. If an elector does not submit their ballot in the secrecy envelope, their ballot secrecy would be compromised as the accompanying voter declaration form would identify them. Electors experiencing a disability, such as a visual impairment, do not have the same supporting technology to cast their ballot. Overall, while permitting electors to complete their ballot remotely, mail-in ballots do not facilitate the same level of independence as other options. Voter Fraud/Coercion: The opportunity for fraud is increased by permitting a ballot to be completed remotely outside of election worker supervision. The opportunity for electors to complete the ballot on behalf of others is increased by this lack of supervision. The opportunity for voter coercion is also increased due to this lack of supervision and increases the chances of an elector influencing how one or more other electors cast their votes. Postal System Issues: Ballot packages could be damaged during the mailing process both to and from electors. Depending on the damaged sustained, such ballots might not be able to be counted and there might not be sufficient time to issue another ballot to the voter. The timeline for providing mail-in ballots is during a very high-volume mail period as all municipalities, including Kitchener, are also mailing voter notification cards to all eligible electors. Due to a potentially unforeseen delay, best effort to set expectations for mail-in ballot deadlines could still be missed by voters. A postal strike at any point during the vote by mail period would prevent sending and/or receiving mail-in ballot packages. There is a risk that a mail-in package could be intercepted. Late Registrations or Ballots: Due to the extended nomination period for 2022, Election staff have a considerably shortened timeline to produce, test and mail the voter kits to facilitate mail-in ballots. This truncated period will also shorten the registration deadline for electors to request a mail-in ballot package. If this deadline is missed, electors will be unable to request/receive a mail-in ballot package. Ballots received by Election staff after the cut-off period cannot be counted. Increase in Administrative Support: Considerable staff resources will be required to process mail-in ballot packages and strike the voter off the VList in time to produce an updated VList for Election Day. Considerable staff resources would be required to support elector questions and inquires regarding mail-in ballots as well as other various election-related questions which could result in delayed responses to electors, candidates, etc. Candidates and scrutineers would need to be available for prescribed tabulation periods. Prolonged or delayed election results are a possibility as staff are unable to anticipate the number of mail-in ballots received on Election Day. Other Important Considerations: While mail-in ballots would permit electors to complete their ballot at a time convenient to them, electors would still be required to physically go to a mailbox or postal office to send in their ballot. of internet voting was not to create a contingency plan for running an election during a pandemic, but rather to increase accessibility and equity overall. Pandemic planning was only one of many factors for consideration. Rather than using mail-in ballots, staff believes there are other deployment tactics and election strategies that can be explored to improve election processes such as expanding advanced voting dates/times, looking at different advanced polling locations, further and bringing the vote to electors where feasible in order to achieve the election principles and factors, and further enable eligible electors to cast their ballot. If Council wishes to pursue mail-in ballots in 2022, staff advises a limited deployment via a registration-based system. A registration-based system would help to ameliorate the cost of mail-in ballots versus sending mail-in ballots to all eligible electors. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: In 2018, the cost of holding Kitchener's municipal election was $559,444.35. This expense was paid out of a reserve fund collected over the term between elections and provided for election workers and staff, 77 voting locations and 16 institutions on Election Day, leasing equipment and software, postage, and supplies. Mail-in ballots are the most expensive of the alternative voting method options. Our calculations below are based on a 25% utilization rate. Due to this method being new, staff will need to plan for various levels of uptake in order to have sufficient mail-in ballot packages for those who request it. Cost of Mail-in Ballots for 25% of Eligible Electors Vote by mail kits $ 187,500.00 Mail out postage $ 31,875.00 Pre-paid return postage $ 36,000.00 3 High-volume tabulators $ 9,000.00 Memory cards $ 480.00 Vote-by-mail system $ 14,000.00 Estimate cost of adding mail-in ballots $ 278,855.00* * Does not include additional staffing resources, advertisements, or taxes. COMMUNITY ENGAGEMENT: INFORM the council / committee meeting. Engagement Survey The City launched an online engagement survey regarding alternative voting methods that was open from July 9, 2021 to August 31, 2021. With online and in-person responses the survey received 1025 responses overall and 1014 ranked the four different voting methods. Results from the survey indicate 7.2% of respondents ranked mail-in ballots as the top voting method. Themes from community feedback regarding mail-in ballots are as follows. Rationale for preferring mail-in ballots: Complete the ballot at home/convenience; Secure/Only trust paper ballots/paper record; Time to consider who to vote for; Widely accessed postal service/accessible; Not tech savvy/d; and, COVID-19 considerations/limiting contact. Rationale for not preferring mail-in ballots: Could be tricky to get right/multiple envelopes and confusing ballot; Still need to walk to a mailbox or post office; Chance for mistakes/spoiled ballot; Distrust in postal system/lost ballot; Late submission of ballot/forget to send/cannot be done election day; Potential for fraud/intercepted mail/not secure/getting into the wrong hands; Never used traditional mail system before; Outdated method; and, Reference to US presidential election. PREVIOUS REPORTS/AUTHORITIES: COR-2021-26 2022 Municipal & School Board Election Alternative Voting Methods APPROVED BY: Victoria Raab, GM, Corporate Services Department