Staff Report: 2018 General Local Election Review

2018 GENERAL LOCAL ELECTION REVIEW

RECOMMENDATION:

THAT a report and draft amendment bylaw to Election Procedures Bylaw No. 989, 2018 be prepared to describe election signage requirements and limitations on the use of the Town’s logo;

AND THAT Council provide direction as to the development of a policy regarding a separate social media presence by incumbents for election campaign purposes.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

1. To report out on changes made in 2018 to local government election practices/ procedures.
2. To seek support for a bylaw amendment regarding election signs and limitations on use of the Town’s logo.
3. To confirm direction for policy development regarding incumbents’ social media presence during election campaigns.

BACKGROUND:

In the spring of 2018 Council was presented with a report describing proposed elections-related provisions for potential inclusion in a new bylaw and amendments to the existing Automated Vote Counting System Authorization and Procedure Bylaw No. 480, 2002. Subsequently, Council adopted Election Procedures Bylaw No. 989, 2018 and an amendment to Automated Vote Counting System Authorization and Procedure Bylaw No. 480, 2002.

While the amendment to Bylaw No. 480 clarified procedures around voting to ensure the Bylaw was aligned with current practices, Bylaw No. 989 brought more significant changes including:

• the introduction of mail ballot voting;
• a date change for the second advance voting opportunity;
• ballot name order determined by lot;
• posting of candidate information on the Town’s website; and
• a requirement for ten qualified nominators from two.

This report looks at these changes introduced with Bylaw No. 989 and addresses several other observed issues from the 2018 local government election with a view to proposing recommendations for incorporation into a future bylaw amendment.

DISCUSSION:

Mail Ballot Voting

Mail ballot voting was introduced for the 2018 local election. When this initiative was contemplated in the spring of 2018, it was discussed that there would be very low uptake given that the move from November voting dates to October would address the voting needs of most “snow birds”. As well, it was identified that mail ballots would be most useful for local shut-ins as the tight timeline for ballot return would be extremely challenging for out-of-town voters (for example, those travelling out of the region).

A total of eight voters applied to receive mail ballots. Of these eight requests, five mail ballots were returned to the Chief Election Officer in time to be counted (before 8:00 p.m. on general voting day) while three were not returned.

Staff perspective on the mail ballot process is that it has been a manageable and successful initiative for its intended purpose and the process should be continued in future years. It is expected that as voting dates are well established – such that those wishing to vote can make their travel plans around the advance or general voting dates – the uptake will continue to be minimal.

Advance Voting Opportunity

Advance voting opportunities are required by legislation. The first advance voting opportunity is legislatively required to be set on the tenth day before general voting day while the second advance voting opportunity can be established, by bylaw, by the local government as it sees fit.

Automated Vote Counting System Authorization and Procedures Bylaw No. 480, 2002 had established the second advance voting opportunity on the third day before general voting day but this was amended in 2018 to be the fourth day before general voting. The intent of the change was to ensure that people who may have a weekly commitment on the same day each week are able to more readily advance vote if they so choose. Both advance voting dates were well advertised in the elections-related unaddressed ad mail, the Town’s Fall Newsletter, the Town’s website, social media and the Goldstream Gazette.

It is impossible to know if the change in the second advance voting date was useful for voters. However, what is clear is that advance voting opportunities continue to see a large and growing voter turnout with 26.6% of votes cast over these two days in 2018. This date change for the second advance voting should remain in place.

Ballot Name Order

Bylaw No. 989 introduced the name order on ballots to be determined by “lot” with a view to removing name order bias (whereby those whose last name is positioned in the beginning of an alphabetical listing have an advantage).

Once the deadline for withdrawal of candidates had ended, staff selected a date and time and invited all candidates to attend the drawing of names at the Town Hall. The draw took place in the Town Hall foyer with the Deputy Chief Election Officer and the Town’s Corporate Officer overseeing it.

This change provided overall fairness for candidates, took little staff time to undertake and should remain in place.

Posting of Candidate Information on the Town’s Website

Respectively, section 89(8) of the Local Government Act and section 59(1) of the Local Elections Campaign Financing Act, provide the public, by bylaw, access to nomination documents and campaign financing disclosure statements in any manner the local government considers appropriate, including the internet or by other electronic means.

Accordingly, Bylaw No. 989 included a provision for public access to nomination documents and campaign financing disclosure statement on the Town’s website. This approach eliminated the “request for permission” form which had been part of past nomination packages (2014 general election and 2017 by-election).

Voters appreciated information about prospective candidates being made readily available to them through the Town’s website. Information posted included not only the nomination documents and campaign financing disclosure statement, but also links to the candidates’ social media pages as well as a photo of the candidate. This information should continue to be provided.

On a different but related note, several, if not all incumbents, had an elected official social media presence prior to the decision to seek office for the 2018-2022 term. Council may wish to turn its mind to whether they would like to establish a requirement whereby a separate social media presence is required for campaign purposes to ensure that campaign messaging is separate from existing offices held. For example, “re-elect” may be appropriate but use of “Councillor X” or “Mayor Y” on the campaign social media sites may be viewed as having an advantage over other non-incumbent candidates. If supported, this requirement could be achieved by a Council policy given that it is not a Provincially regulated matter.

Number of Qualified Nominators

Bylaw No. 989 changed the minimum number of qualified nominators from two to ten with the goal of highlighting the seriousness of the role sought. This increase did not appear to be an obstacle and should remain in place.

Election Signage

Signage is a very visual representation of one’s campaign. Information distributed in the Nomination Package describes that election signs are exempt from the permit requirement under Sign Bylaw No. 950 and can only be put up no sooner than thirty days before the election date and then removed within forty-eight hours after the election date.

As well, there are other signage requirements conveyed to candidates such as signs cannot be located on municipal properties – Town Hall, the Public Safety Building – or on the Town’s trails, parks and open spaces. Election signs are not to be affixed to utility poles nor positioned in a manner that obstructs sightlines of drivers, pedestrians and cyclists. Any damage caused (holes in boulevards, municipal sprinkler systems, etc.) by the installation or removal of election signs are invoiced to the candidate.

Staff have discussed sign-related challenges with other Corporate Officers in the region and opportunities to explore bylaw amendments to ensure clarity, safety and reduced potential visual pollution. Elsewhere in the province, for example, some municipalities:

• limit sign size and height on public property;
• establish specific public locations on which election signs may be located;
• prohibit signs on boulevards adjacent to municipal and park properties;
• stipulate distances from the edge of roadways and fire hydrants; and
• describe provisions for siting election signs on private properties.

It is proposed that an options report and an amendment to Election Procedures Bylaw No. 989, 2018 be prepared.

Use of the Town Logo

In the Nomination Package, candidates are asked to not use the Town’s logo or any likeness/elements from it in any campaign materials or on signage. This restriction avoids confusion for voters who may interpret usage of the logo as a municipal endorsement of a candidate.

Candidates are advised instead that they may use both the name of the Town – as that conveys where the candidate is running – as well as images from around the Town – though these images must not include the Town’s logo.

While this logo information is conveyed to candidates in the Nomination Package, it is advisable to reinforce this requirement through an amendment to Election Procedures Bylaw No. 989, 2018.

Election Promotion

In 2018, staff promoted the upcoming general election through legislatively required notices plus on the Town’s website and through unaddressed ad mail.

The unaddressed ad mail was sent out in September to all households in View Royal to advertise advance voting dates and times as well as the voting locations for these opportunities. This initiative was well-received and will be undertaken again in 2022.

CONCLUSION:

The changes brought about by amending Bylaw No. 480 and introducing Bylaw No. 989 were positive. Other amendments to Bylaw No. 989 to describe election signage requirements and limitations on the use of the Town’s logo are appropriate to ensure clarity for candidates and the voting public. A report and draft bylaw can be provided in the coming months.

As well, if Council wishes to establish a requirement for incumbents whereby a separate social media presence is required for campaign purposes, that can be addressed by policy.

TIME CRITICAL:

While it is good to debrief and evaluate the impact of 2018 bylaw initiatives in relation to the election, this report and its recommendations are not time critical given that the next local government election is set for October 15, 2022.

RECOMMENDATION:

THAT a report and draft amendment bylaw to Election Procedures Bylaw No. 989, 2018 be prepared to describe election signage requirements and limitations on the use of the Town’s logo;

AND THAT Council provide direction as to the development of a policy regarding a separate social media presence by incumbents for election campaign purposes.

SUBMITTED BY: S. Jones, Corporate Officer

SUBMITTED BY: E. Bolster, Deputy Corporate Officer

REVIEWED BY: K. Anema, Chief Administrative Officer