Pursuant to the powers vested in it under the Municipal Elections Act, Stats. NF 2001, c. M-20.2 as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to the conduct of municipal elections within the City of St. John’s.
ST. JOHN’S MUNICIPAL ELECTIONS BY-LAW
1. This By-Law may be cited as the St. John’s Municipal Elections Vote By Mail By-Law.
2. The Returning Officer shall:
(1) appoint in writing, election officials as may be required to conduct the municipal election;
(2) establish and maintain a secure vault into which the Return Envelopes and the Ballot Envelopes shall be placed until the time specified for the counting of ballots;
(3) establish and maintain until 8:00 p.m. on election day a site for the deposit of Return Envelopes and Ballot Envelopes;
(4) establish and maintain an Elections Office for corrections and additions to or deletions from the Voter’s List.
3. The Returning Officer shall provide, in addition to the site required in section 2(3), a minimum of 1 additional site in each of the five (5) wards for the deposit of Return Envelopes and Ballot Envelopes. Such additional sites shall be accessible only between 8:00 a.m. and 8:00 p.m. on election day and shall be supervised by elections officials as determined by the Returning Officer.
4.(1) The procedures for the conduct of the municipal election are specified in Appendix A, hereto annexed, which forms part of this By-Law.
(2) Notwithstanding the foregoing, the Returning Officer, may, with prior Ministerial approval, vary the procedures from time to time as he deems appropriate to ensure the efficiency and integrity of the municipal election.
(3) Persons appointed by the Returning Officer as election officers shall carry out their duties as specified in the procedures contained in Appendix A.
5. A Voter’s Kit shall be mailed to each eligible voter and shall contain the following:
(i) Voting Instruction Sheet;
(ii) Voter Declaration Form;
(iii)Ballot;
(iv)Return Envelope;
(v) Ballot Envelope; and
(vi)Such further enclosures as the Returning Officer may deem necessary or appropriate.
6. Each voter has the responsibility of completing their ballot in accordance with all applicable legislation and returning it to the Returning Officer by mail or personal delivery by 8:00 p.m. on election day.
7. Sections 26, 27 and 34 of the Municipal Elections Act, Stats. NF 2001, c. M-20.2 shall have no application to a municipal election in the City of St. John’s.
8. The City of St. John’s shall enter into a contract with Canada Post Corporation for the provision of its Electronic Lettermail one-stop, vote by mail service.
9. Any person who contravenes this By-Law shall be guilty of an offence and liable upon conviction to a penalty as provided in the Municipal Elections Act, Stats. NF 2001, c. M-20.2.
APPENDIX A
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ST. JOHN’S MUNICIPAL BY LAW
RESPECTING VOTE BY MAIL FOR MUNICIPAL ELECTIONS
PROCEDURES FOR THE CONDUCT OF VOTE BY MAIL ELECTION IN THE CITY OF ST. JOHN’S
1. The Returning Officer shall design and implement a multi-media voter information program during the six month period prior to election day.
2. The official “Voter’s Kit” will be sent to all voters on the Voter’s List no later than 10 days after the close of the nomination period.
3. Immediately upon receipt of the Voter’s Kit, a voter may return his/her Return Envelope and Ballot Envelope by mail in accordance with the final deadline - as determined by Canada Post Corporation - which will ensure delivery to the City of St. John’s by 8:00 p.m. on election day.
4. Voters will also have the option to drop their Return Envelope and Ballot Envelope into the Drop Off Center at City Hall 24 hours a day up to 8:00 p.m. election day.
5. Voters who do not need to be sworn in may drop their Return Envelope and Ballot Envelope into either Satellite Drop Off Center between 8:00 a.m. to 8:00 p.m. on election day. The Returning Officer shall determine the number of Satellite Drop Off Centers that may be set up for election day.
6. To ensure prompt delivery of all Return Envelopes to the appropriate location, a separate postal box shall be secured and shall remain separate from any and all other postal addresses utilized by the City of St. John’s.
7. Immediately following the distribution of Voters’ Kits to the electorate, the Returning Officer shall put in place personnel for the tracking of which voters have returned their Ballot Envelopes.
8. The Returning Officer shall ensure the appropriate level of staffing for the Satellite Drop Off Centers.
9. The Returning Officer may use any currently available electronic and/or manual processes to separate the Voter Declaration Form from the Ballot Envelope and match the Voter Declaration Forms to the Voter’s List.
10. The separated Ballot Envelopes and Voters’ Declaration Forms shall be held in a secure location.
11. All Voters’ Kits will be imprinted with “RETURN TO SENDER IF UNDELIVERED TO ADDRESSEE”. Upon receipt of these returned non-delivered Kits, adjustments will be made to the Voter’s List to advise that the Voter’s Kit has been returned to the election office. All returned Voters’ Kits in this category will be held in a secure location.
12. The Returning Officer may use any currently available electronic and/or manual process to conduct the counting of ballots.
13. The areas designated as counting areas on election day shall be closed to all personnel other than those necessary for the conduct of the count of ballots and security personnel shall be posted at each counting area to ensure restricted entry and secrecy of the results is maintained until 8:00 p.m. on election day. Election staff will be sequestered in the counting areas on election day from the commencement of the count until all ballots have been opened and counted.
14. Access to the counting areas shall be at the discretion of the Returning Officer and shall require an approved access pass.
15. No cellphones or similar electronic communications equipment shall be allowed in the counting areas at any time during the counting of ballots.
16. A final Canada Post pick up will take place at 8:00 p.m. on election day, under the direction and control of the Returning Officer and the Return Envelopes obtained at that time shall be brought directly to City Hall for distribution to the appropriate counting areas.
17. All Return Envelopes received at Canada Post after 8:00 p.m. on election day, shall be date and time stamped by Canada Post and returned to the City of St. John’s where they will be retained in a secure location pending any recount.
18. The following procedure will be used in the Satellite Drop Off Centers:
a. The Satellite Drop Off Centers shall open at 8:00 a.m. and close at 8:00 p.m. on election day.
b. The Deputy Returning Officer will be empowered to swear in voters who are not on the Voter’s List and who complete the Application To Have Name Included in List of Electors form and provide the appropriate identification.
19. Each Satellite Drop Off Center will be provided with the following:
a. A copy of the Voter’s List as updated to the close of the business day immediately preceding election day, for the applicable Ward
b. A supply of Voters’ Kits for the applicable Ward.
c. A supply of the Application To Have Name Included in List of Electors forms
d. Voting screen (complete with Voters Instructions attached thereto)
e. List of streets for the applicable Ward
f. All necessary stationery supplies as required.
20. Eligible voters not included on the Voter’s List can be sworn in and receive their Voter’s Kit at the Citizen Services Center, City Hall from 9:00 a.m. to 4:30 p.m., Monday to Friday, up to the day immediately preceding election day upon completing the Application To Have Name Included in List of Electors form and providing the necessary identification. No swearing in of voters will take place at City Hall on election day.
21. On election day, a voter not included on the Voter’s List must be sworn in at the Satellite Drop Off Center located in his/her own Ward.
22. In the event a voter is sworn in at a Satellite Drop Off Center, the completed application forms will be held by the Deputy Returning Officer and the Voter’s Kit will be provided to the voter. After being sworn in, the voter shall then proceed to the screened areas to complete the Voter Declaration Form and cast his/her ballot as in a conventional election, but shall place his/her ballot paper in the “Ballot Envelope” and seal the envelope. He/she shall then place the Ballot Envelope and the Voter Declaration Form in the Return Envelope. Upon sealing the Return Envelope the voter shall deposit it in the sealed ballot box provided.
23. Secure transport of Return Envelopes and Ballot Envelopes from Satellite Drop Off Centers to City Hall will be conducted under the supervision of the Returning Officer and will take place on a continuing basis until 8:00 p.m. on election day or until all Return Envelopes and Ballot Envelopes deposited by 8:00 p.m. on election day are collected.
24. All Return Envelopes from the Satellite Drop Off Centers will be sorted and tabulated at City Hall.
25. All completed application forms taken at the Satellite Drop Off Centers will be transported to City Hall on a continual basis as with the sealed ballot boxes. Upon arrival at City Hall, the application forms will be deposited with election officials for input of the voter’s name on the Voter’s List.
26. Candidates are entitled to have one agent present at each Satellite Drop Off Center and one agent present during the counting of ballots. Authorized agents are subject to the following rules:
a. Agents will conduct themselves in a professional manner.
b. Agents will remain silent and not interfere with the activities of the election workers.
c. Agents will address all questions to the Returning Officer or Deputy Returning Officer and will comply with their directions.
d. Agents will be provided with an access pass and must wear it at all times while in the Satellite Drop Off Centers or in the counting area.
e. Agents may not handle any ballots or election material
f. Agents must keep confidential and not divulge election results until after 8:00 p.m. on election day.
g. Agents must acknowledge, in writing, their agreement to observe the above noted rules.
h. Failure to observe the above stated rules shall result in the agent being removed from the Satellite Drop Off Center and/or counting area.
(Amended 2005/04/11; #1479)
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