Bylaw No. 2814-2018
|3 Use of provincial list of voters|
|4 Establishment of voting divisions|
|5 Establishment of restrictions on where to vote|
|5.1 Establishment of mail ballot voting|
|6 Establishment of additional general voting opportunities|
|7 Establishment of required advance voting opportunities|
|8 Establishment of additional advance voting opportunities|
|9 Establishment of special voting opportunities|
|10 Use of automated voting machines|
|11 Automated voting machine procedures|
|12 Advance and special voting opportunity procedures|
|13 Procedures after the close of voting on general voting day|
|14 Automated voting machine recount procedure|
|15 Determination of results if tie vote after judicial recount|
|16 Availability of nomination documents|
|17 Availability of disclosure statements|
WHEREAS the Local Government Act authorizes that Council may, by Bylaw, determine various procedures and requirements for the conduct of local government elections and other voting;
NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
2 (1) The Interpretation Bylaw applies to this bylaw.
(2) Unless otherwise provided in this bylaw, words and phrases used in this bylaw have the same meaning as in the Election Act, R.S.B.C. 1996, c. 106.
3 The Provincial list of voters, prepared under the Election Act, most recently obtained no later than 52 days before general voting day, is deemed to be and becomes the register of resident electors for the City for any election or other voting to which this Bylaw applies.
4 The Chief Election Officer is authorized to establish Voting Divisions for the conduct of general local elections, or other voting.
5 Except for voting by mail ballot or at an advance voting opportunity or special voting opportunity, electors who reside in a Voting Division, and electors who are non-resident property electors in relation to property within a Voting Division, may vote on general voting day only at the voting place specified for that Voting Division, unless otherwise directed by the Chief Election Officer.
6 The Chief Election Officer is authorized to establish dates for additional general voting opportunities for general voting day for each election, or other voting, and to designate the voting places and set voting hours, within the limits set out in the Local Government Act.
7 Two (2) advance voting opportunities will be held for an election by voting, or other voting, as follows:
8 The Chief Election Officer is authorized to establish dates for additional voting opportunities, in advance of general voting day, and to designate the voting places and set the voting hours for these voting opportunities.
9 (a) The Chief Election Officer is authorized to establish the locations, dates and voting hours, and procedures, within the requirements set out in the Local Government Act, for special voting opportunities.
(b) The only electors, who may vote at a special voting opportunity, are electors who, on the date on which the special voting opportunity is held, and before the end of the voting hours for that special voting opportunity, have been admitted, as patients at the hospital, or as residents of the care facilities where the special voting opportunities are being conducted.
10 Automated Voting Machines may be used for the purposes of conducting general local elections and other voting.
(i) When an elector enters a voting place, and before a Ballot is issued, an election official may, and if requested must, provide an explanation or a demonstration to the elector of how to vote using the Automated Voting Machine.
(B) completes the voting book, as required by the Local Government Act; and
(v) Once the elector has finished marking the Ballot, the elector must proceed to the Automated Voting Machine and, under the supervision of the election official in attendance, insert the Ballot directly into the Automated Voting Machine without exposing the Acceptable Marks made on the Ballot.
(vi) If, before inserting the Ballot into the Automated Voting Machine, an elector determines that he has made a mistake when marking a Ballot; or if the Ballot is returned by the Automated Voting Machine, the elector may request a replacement Ballot by advising the election official in attendance.
(viii) If the elector declines the opportunity to obtain a replacement Ballot, and has not damaged the Returned Ballot to the extent that it cannot be reinserted into the Automated Voting Machine, the election official will, using the Ballot Return Override Procedure, reinsert the Returned Ballot into the Automated Voting Machine to count any Acceptable Marks which were made correctly.
(i) Any Ballot counted by the Automated Voting Machine is valid; and any Acceptable Marks contained on such Ballots will be counted in the election, subject to any determination made under a judicial recount.
(iii) During any period that an Automated Voting Machine is not functioning, the elector will be instructed to insert their Ballot into the Emergency Ballot Compartment, provided that, if the Automated Voting Machine:
the Ballots in the Emergency Ballot Compartment will, as soon as reasonably possible, be removed by an election official; and, under the supervision of the presiding election official, be inserted into the Automated Voting Machine to be counted.
(vi) Any Ballots which were temporarily stored in the Emergency Ballot Compartment, which are returned by the Automated Voting Machine when being counted, will, through the use of the Ballot Return Override Procedure, and under the supervision of the presiding election official, be reinserted into the Automated Voting Machine to ensure that any Acceptable Marks are counted.
Automated Voting Machines will be used to conduct the vote at all advance voting and special voting opportunities; and voting procedures at both the advance voting and special voting opportunities will follow the procedures set out in Section 11.
(i) After the close of voting on general voting day at voting opportunities where an Automated Voting Machine was used in the election, but excluding advance voting and special voting opportunities, each presiding election official will:
(7) place the voting books, the original copy of the Ballot account, two (2) copies of the Register Tape, completed registration cards, keys, and all completed administrative forms into the Chief Election Officer envelope; and
At the close of voting on general voting day, the Chief Election Officer will direct the presiding elections officials, for both the advance voting opportunities and the special voting opportunities, to proceed in accordance with Subsections (a) (i) (3) to (7).
(iii) any Ballots returned by the Automated Voting Machine during the recount process will, through the use of the Ballot Return Override Procedure, be reinserted into the Automated Voting Machine to ensure that any and all acceptable marks are counted.
15 In the event of an equality of valid votes for two (2) or more candidates, at the completion of a judicial recount, the results will be determined by lot in accordance with the Local Government Act.
17 From the time any information in a disclosure statement related to Candidates, is made available on the Elections BC authorized internet site pursuant to the Local Elections Campaign Financing Act, SBC 2014, the Chief Election Officer will provide an internet link, on the City's website, to connect to the information related to the City provided on the Elections BC authorized internet site.
18 The following bylaws, and any and all amendments, are hereby repealed:
In this Bylaw:
"Abbotsford City Hall" means the civic facility located at 32315 South Fraser Way, Abbotsford, BC.
"Acceptable Mark" means a completed mark which the Automated Voting Machine 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 referendum question.
"Automated Voting Machine" means the device into which voted Ballots are inserted, which scans each Ballot, counts and records the number of votes for each candidate and for and against each referendum question; and processes and stores election results.
"Ballot" means a single card designed for use in an Automated Voting Machine, which shows:
(a) the names of all of the candidates for each of the offices of Mayor, Councillor and School Trustee, including elector organization if applicable; and
(b) all of the choices on all of the bylaws, referendum questions, or other matters on which the vote, opinion, or assent of the electors is sought.
"Ballot Return Override Procedure" means the use, by an election official, of procedures on an Automated Voting Machine, which causes the unit to accept a Returned Ballot.
"Candidate" means a person nominated to run for the office of Mayor, Councillor or School Trustee in the City.
"Chief Election Officer" means the person appointed by Council as the Chief Election Officer pursuant to the Local Government Act, or the Deputy Chief Election Officer in the absence of the Chief Election Officer.
"City" means the City of Abbotsford.
"Council" means the Council of the City.
"Election Headquarters" means Abbotsford City Hall, and includes the Matsqui Centennial Auditorium, or other such location as designated by the Chief Election Officer.
"Emergency Ballot Compartment" means one (1) of two (2) separate compartments in the Ballot box under each Automated Voting Machine into which voted Ballots are temporarily deposited in the event that the Automated Voting Machine ceases to function.
"Memory Card" means the storage device which stores all the permanent results for the Automated Voting Machine.
"Presiding Election Official Box" means a box into which those items established as election materials as set out the Local Government Act are placed.
"Register Tape" means the printed record generated from an Automated Voting Machine at the close of voting on general voting day, which shows the number of votes for each candidate for each of the offices of Mayor, Councillor, and School Trustee, and the number of votes for and against each referendum question, as applicable.
"Returned Ballot" means a voted Ballot which was inserted into the Automated Voting Machine by the elector, but was not accepted and returned to the elector with an explanation of the Ballot marking error which caused the Ballot not to be accepted.
"Voting Division" means a municipal voting division within the meaning established in the Local Government Act.