TOWN OF VIEW ROYAL 
 
BYLAW NO. 480 
 
As Amended by Bylaw No. 719 and 990 
A BYLAW TO PROVIDE FOR AUTOMATED VOTING AND 
CONDUCT OF LOCAL GOVERNMENT ELECTIONS 
 
CONSOLIDATED FOR CONVENIENCE ONLY 
 
WHEREAS under the Local Government Act, Council of the Town of View Royal may, by bylaw, provide 
for the use of automated voting machines, voting recorders or other devices for voting in an election.   
 
AND WHEREAS Council Town of View Royal wishes to establish various voting procedures and 
requirements under that authority; 
 
NOW THEREFORE, the Council of the Town of View Royal, in open meeting assembled, enacts as 
follows: 
 
1. 
DEFINITIONS 
 
 
1.1 
In this Bylaw all definitions shall be in accordance with the Local Government Act, except 
for the following: 
 
 
Acceptable mark means a completed oval which the vote tabulating unit is able to 
identify, which has been made by an elector in the space provided on the ballot opposite 
the name of any candidate or opposite either ‘yes’ or ‘no’ on any other voting question. 
 
 
Automated vote counting system means a system that counts and records votes and 
processes and stores election and any voting results which comprises: 
 
 
 
(a) 
a number of ballot scan vote tabulating units, each of which electronically 
records the vote and deposits the voted ballots into a ballot box ; and 
 
 
(b) 
a number of storage ballot box (es) into which voted ballots are deposited 
where a vote tabulating unit is not functioning or being used which will therefore 
be counted after the close of voting on general voting day. 
(Amendment Bylaw No. 990, 2018) 
 
 
 
Ballot means a single automated ballot card designed for use in an automated vote 
counting system, which shows: 
 
 
 
(a) 
the names of all of the candidates for each of the offices of Mayor, Councillor, 
and School Trustee; and 
 
 
(b) 
all of the choices on all of the bylaws or other matters on which the opinion or 
assent of the electors is sought. 
 
 
 
Ballot Account means an account of ballots prepared in accordance with Section 141 of 
the Local Government Act. 
 
 
 
Ballot box  means the container for voted ballots. 
 
 
 
Ballot return override procedure means the use, by an election official, of a device on 
a vote tabulating unit, which causes the unit to accept a returned ballot. 
 

Automated Vote Counting System Authorization   
Unofficial Consolidation  
and Procedure Bylaw No. 480, 2002 
 
To May 2018 
 
 
CONSOLIDATED FOR CONVENIENCE ONLY 
 
 
Election headquarters means the Town Hall of View Royal, 45 View Royal Avenue, 
Victoria, BC.  
 
 
 
Election Materials Box means the container(s) which contain election materials that are 
transported to and from voting places. 
 
 
 
Memory card means the storage device which stores all the permanent results for the 
vote tabulating unit. 
 
 
 
Presiding Election Official an election official appointed by the Chief Election Officer to 
conduct election proceedings where the Chief Election Officer is not acting as presiding 
election official. 
 
 
 
Register tape means the printed record generated from a vote tabulating unit at the 
close of voting on general voting day which shows the number of votes for each 
candidate for each of the office of Mayor, Councillor and School Trustee and the number 
of votes for and against each bylaw or other matter on which the assent of the electors is 
sought. 
 
 
 
Returned ballot means a voted ballot which was inserted into the vote tabulating unit 
by the elector but which was not accepted and which was returned to the elector with an 
explanation of the ballot marking error which caused the ballot not to be accepted. 
 
 
 
Secrecy sleeve means an open-ended folder or envelope used to cover ballots to 
conceal the choices made by each elector. 
 
 
 
Storage Ballot box  means a ballot box  that is used to temporarily deposit voted 
ballots in the event that the vote tabulating unit ceases to function or is not being used. 
 
 
 
Vote tabulating unit means the device into which voted ballots are inserted and which 
scans each ballot and records the number of votes for each candidate and for and 
against each other voting question. 
 
 
 
Voting Book means the book for recording the names of electors. 
 
 
2. 
USE OF VOTING MACHINES 
 
 
2.1 
Council hereby authorizes the conducting of general local elections and other voting in 
the Town of View Royal using an automated vote counting system. 
 
 
2.2 
The Chief Election Officer must conduct a test of the automated vote tabulating unit 
before each local government election and must be satisfied that it is in good working 
order. 
(Amendment Bylaw No. 990, 2018) 
 
 
2.3 
As soon as the test of the automated vote tabulating unit is completed, the Chief 
Election Officer must secure the memory cards and ensure that they will remain secured 
until the local government election. 
(Amendment Bylaw No. 990, 2018) 
 
 
3. 
AUTOMATED VOTING PROCEDURES 
 
 
3.1 
The presiding election official for each voting place and at each advance voting 
opportunity shall, as soon as the elector enters the voting place and before a ballot is 

Automated Vote Counting System Authorization   
Unofficial Consolidation  
and Procedure Bylaw No. 480, 2002 
 
To May 2018 
 
 
CONSOLIDATED FOR CONVENIENCE ONLY 
issued, offer and if requested, direct an election official to provide a demonstration to an 
elector of how to vote using an automated vote counting system. 
 
 
3.2 
Upon completion of the voting demonstration, if any, the elector shall proceed as 
instructed, to the election official responsible for issuing ballots, who: 
 
 
 
(a) 
shall ensure that the elector: 
 
 
 
 
(i) 
is qualified to vote in the election by viewing at least two documents that 
identify the elector as the person requesting a vote; and 
 
 
 
(ii) 
completes the voting book as required by the Local Government Act; 
and 
 
 
 
(b) 
upon fulfillment of the requirements of subsection (a), shall provide a ballot to 
the elector, a secrecy sleeve if requested by the elector, and any further 
instructions the elector requests. 
 
 
3.3 
Upon receiving a ballot, and secrecy sleeve if so requested, the elector shall 
immediately proceed to a voting compartment to vote, or if the elector is unable to mark a 
ballot because of a physical disability or difficulties in reading or writing or is unable to 
enter the voting place because of a physical disability of impaired mobility, the elector 
may vote in accordance with the procedures outlined in sections 131 and 132 of the 
Local Government Act. 
(Amendment Bylaw No. 990, 2018) 
 
 
3.4 
The elector may vote only by making an acceptable mark on the ballot: 
 
 
 
(a) 
beside the name of each candidate of choice up to the maximum number of 
candidates to be elected for each of the offices of Mayor, Councillor and School 
Trustee; and 
 
 
(b) 
beside either ‘yes’ or ‘no’ in the case of each bylaw or other matter on which the 
assent or opinion of the electors is sought. 
 
 
3.5 
Once the elector has finished marking the ballot, the elector must place the ballot into 
the secrecy sleeve, if applicable, proceed to the vote tabulating unit and under the 
supervision of the election official in attendance, insert the ballot directly from the 
secrecy sleeve, if applicable, into the vote tabulating unit without the acceptable 
marks on the ballot being exposed. 
 
 
3.6 
If, before inserting the ballot into the vote tabulating unit, an elector determines that he 
has made a mistake when marking a ballot or if the ballot is returned by the vote 
tabulating unit, the elector may request a replacement ballot by advising the election 
official in attendance. 
 
 
3.7 
Upon being advised of the replacement ballot request, the presiding election official 
shall issue a replacement ballot to the elector and mark the returned ballot “spoiled” 
and shall retain all such spoiled ballots separately from all other ballots and they shall 
not be counted in the election. 
 
 
3.8 
If the elector declines the opportunity to obtain a replacement ballot and has not 
damaged the ballot to the extent that it cannot be reinserted into the vote tabulating 
unit, the election official shall, using the ballot return override procedure, reinsert the 
returned ballot into the vote tabulating unit to count any acceptable marks which 
have been made correctly. 
 

Automated Vote Counting System Authorization   
Unofficial Consolidation  
and Procedure Bylaw No. 480, 2002 
 
To May 2018 
 
 
CONSOLIDATED FOR CONVENIENCE ONLY 
 
3.9 
Any ballot counted by the vote tabulating unit is valid and any acceptable marks 
contained on such ballots will be counted in the election subject to any determination 
that may be made under a judicial recount. 
 
 
3.10 
Once the ballot has been inserted into the vote tabulating unit and the unit indicates 
that the ballot has been accepted, the elector must immediately leave the voting place. 
 
 
3.11 
During any period that a vote tabulating unit is not functioning, the election official 
supervising the unit shall insert all ballots delivered by the electors during this time, into 
a portable ballot box , provided that if the vote tabulating unit: 
 
 
 
(a) 
becomes operational, or 
 
 
(b) 
is replaced with another vote tabulating unit, 
 
 
 
the ballots in the storage ballot box  shall, as soon as reasonably possible, be removed 
by an election official and under the supervision of the presiding election official be 
inserted into the vote tabulating unit to be counted. 
 
 
3.12 
Any ballots which were temporarily stored in a storage ballot box  which are returned 
by the vote tabulating unit when being counted shall, through the use of the ballot 
return override procedure and under the supervision of the presiding election official, 
be reinserted into the vote tabulating unit to ensure that any acceptable marks are 
counted. 
 
 
4. 
ADVANCE VOTING OPPORTUNITY PROCEDURES 
 
 
4.1 
Vote tabulating units shall be used to conduct the vote at all advance voting 
opportunities and voting procedures at the advance voting opportunities shall follow as 
closely as possible those described in Section 4 of this Bylaw. 
 
 
4.2 
At the close of voting at each advance voting opportunity the presiding election official 
in each case shall ensure that: 
 
 
 
(a) 
no additional ballots are inserted in the vote tabulating unit; 
 
 
(b) 
the storage ballot box  is sealed to prevent insertion of any additional ballots; 
 
 
(c) 
the register tapes in the vote tabulating unit are not generated until 8:00 p.m. 
on general voting day; and 
 
 
(d) 
the memory card of the vote tabulating unit is secured. 
(Amendment Bylaw No. 990, 2018) 
 
 
4.3 
At the close of voting at the final advance voting opportunity the presiding election 
official shall: 
 
 
 
(a) 
ensure that any remaining ballots in the storage ballot box are inserted into the 
vote tabulating unit; 
 
 
(b) 
secure the vote tabulating unit so that no more ballots can be inserted; and 
 
 
(c) 
deliver the vote tabulating unit together with the memory card and all other 
materials used in the election to the chief election officer at election 
headquarters. 
 
5. 
PROCEDURES AFTER CLOSE OF VOTING ON GENERAL VOTING DAY 
 
5.1 
After the close of voting on general voting day at voting opportunities where a vote 
tabulating unit was used in the election, but excluding advance voting opportunities, the 
presiding election official must: 
 

Automated Vote Counting System Authorization   
Unofficial Consolidation  
and Procedure Bylaw No. 480, 2002 
 
To May 2018 
 
 
CONSOLIDATED FOR CONVENIENCE ONLY 
a) 
insert the ballots from the storage ballot box  into the vote tabulating unit; 
b) 
secure the vote tabulating unit so that no more ballots can be inserted; 
c) 
generate three copies of the register tape from the vote tabulating unit; 
d) 
telephone the results to the Chief Election Officer immediately; 
e) 
prepare two copies of a ballot account for unused, spoiled and voted ballots; 
f) 
place spoiled ballots into an envelope and seal the envelope; 
g) 
remove the memory card from the vote tabulating unit and place one copy of the 
results tape and one copy of the ballot account into the ballot box ; 
h) 
seal the ballot box (es); 
i) 
place the voting books, one copy of the ballot account, two copies of the results 
tape, spoiled ballot envelope(s), unused ballots, memory card, and all completed 
forms into the election materials box; and  
j) 
deliver the sealed ballot box (es), the vote tabulating unit and the election 
materials box(es) to the Chief Election Officer at election headquarters. 
 
 
 
5.2 
At the close of voting on general voting day, the Chief Election Officer shall direct 
the presiding election official for the advance voting opportunity where vote 
tabulating units were used, to proceed in accordance with Section 7.1 of this 
Bylaw, so far as applicable. 
 
 
 
5.3 
Should all vote tabulating units not be in working order, under the direction of the 
Chief Election Officer, all ballots will be manually counted at the close of general 
voting day in accordance with Section 138 of the Local Government Act.” 
(Amendment Bylaw No. 990, 2018) 
 
 
6. 
RECOUNT PROCEDURE 
 
6.1 
If a recount is required it will be conducted under the direction of the Chief Election Officer 
using the automated vote counting system and generally in accordance with the following 
procedure: 
 
a) 
the memory cards of all vote tabulating units will be cleared; 
b) 
vote tabulating units will be designated for each voting place; 
c) 
all voted ballots will be removed from the sealed ballot box (es); 
d) 
all voted ballots, except for spoiled ballots, will be re-inserted in the appropriate vote 
tabulating units under the supervision of the Chief Election Officer; 
e) 
any ballots returned by the vote tabulating unit during the recount process will, 
through the use of the ballot return over-ride procedure, be re-inserted into the vote 
tabulating unit to ensure that any acceptable marks are counted; and  
f) 
to obtain election results, the Chief or Deputy Chief Election Officer shall place the 
results of each voting place on spreadsheets so as to tally the total election results. 
 
 
6.2 
If at the completion of a recount the results of the election cannot be declared because there 
is an equality of valid votes for two or more candidates, the results will be determined by lot 
in accordance with Section 151 of the Local Government Act.” 
(Amendment Bylaw No. 990, 2018) 
 
7. 
GENERAL 
 
 
7.1 
The “Automated Vote Counting System Authorization and Procedure Bylaw No. 360, 
1999” is hereby repealed. 
 
 
7.2 
Any enactment referred to herein is a reference to an enactment of British Columbia and 
regulations thereto, as amended, revised, consolidated or replaced from time to time. 
 

Automated Vote Counting System Authorization   
Unofficial Consolidation  
and Procedure Bylaw No. 480, 2002 
 
To May 2018 
 
 
CONSOLIDATED FOR CONVENIENCE ONLY 
 
7.3 
If any part, section, sentence, clause, phrase or word of this Bylaw is for any reason held 
to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall 
be severed and the decision that it is invalid shall not affect the validity of the remainder 
which shall continue in full force and effect and be construed as if the Bylaw had been 
adopted without the invalid portion. 
 
 
8. 
CITATION 
 
 
8.1 
This Bylaw may be cited for all purposes as “Automated Vote Counting System 
Authorization and Procedure Bylaw No. 480, 2002.” 
 
 
READ A FIRST TIME THIS 
 
04 
DAY OF 
JUNE,  2002 
 
READ A SECOND TIME THIS  
04 
DAY OF 
JUNE,  2002 
 
READ A THIRD TIME THIS 
 
04 
DAY OF 
JUNE,  2002 
 
 
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL 
OF THE TOWN OF VIEW ROYAL THIS 8th DAY OF JUNE, 2002. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAYOR 
 
 
 
 
 
CLERK & CAO