BYLAW NO. 990: A BYLAW TO AMEND AUTOMATED VOTE COUNTING SYSTEM AUTHORIZATION AND PROCEDURE BYLAW NO. 480, 2002

BYLAW NO. 990

A BYLAW TO AMEND AUTOMATED VOTE COUNTING SYSTEM AUTHORIZATION AND PROCEDURE BYLAW NO. 480, 2002

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as “Automated Vote Counting System Authorization and Procedure Bylaw No. 480, 2002, Amendment Bylaw No. 990, 2018”.

2. Automated Vote Counting System Authorization and Procedure Bylaw No. 480, 2002 is hereby amended as follows:

a.) By adding to Section 1 (Definitions) in alphabetical order:

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.

Election Materials Box means the container(s) which contain election materials that are transported to and from voting places.

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.

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.

Voting Book means the book for recording the names of electors.

b.) By deleting the following definition under Section 1 (Definitions) in its entirety and replacing it with:

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 boxes 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.

c.) By deleting the following definition under Section 1 (Definitions):

Portable Ballot Box means a ballot box which is used as a voting place where a vote tabulating unit is not being used or is not functioning.

d.) By deleting the remaining references to “Portable Ballot Box” and replacing with “Storage Ballot Box”.

e.) By deleting Section 2 and Section 5 in their entirety.

f.) By adding directly following Section 3.1:

“3.2 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.

3.3 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.”

g.) By deleting Section 4.3 in its entirety and replacing with:

“4.3 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.”

h.) By deleting Section 4.13 in its entirety.

i.) By deleting Section 6.2 (b) and (c) in their entirety and replacing with:

“(b) the portable 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;”

j.) By deleting Section 7 in its entirety and replacing with:

“7. PROCEDURES AFTER CLOSE OF VOTING ON GENERAL VOTING DAY

7.1 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:

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.

7.2 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.

7.3 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.”

k.) By deleting Section 8 in its entirety and replacing with:

“8. RECOUNT PROCEDURE

8.1 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 override 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.

8.2 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.”

l.) By renumbering Sections 2 through 10 to Sections 2 through 8

READ A FIRST TIME THIS 1st DAY OF MAY, 2018.

READ A SECOND TIME THIS 1st DAY OF MAY, 2018.

READ A THIRD TIME THIS 1st DAY OF MAY, 2018.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS DAY OF , 2018.

MAYOR

CORPORATE OFFICER