Citation

1   Bylaw No. 2814-2018 may be cited as "Election Bylaw, 2018".

Interpretation

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.

B/L 3093-2020

Use of provincial list of voters

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.

Establishment of voting divisions

4   The Chief Election Officer is authorized to establish Voting Divisions for the conduct of general local elections, or other voting.

Establishment of restrictions on where to vote

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.

B/L 3093-2020

Establishment of mail ballot voting

5.1   (1) An elector may vote by mail ballot in accordance with section 110 mail ballot voting of the Local Government Act.

(2) The Chief Election Officer is authorized to establish time limits in relation to voting by mail ballot.

B/L 3093-2020

Establishment of additional general voting opportunities

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.

Establishment of required advance voting opportunities

7   Two (2) advance voting opportunities will be held for an election by voting, or other voting, as follows:

(a) one (1) on the 10^th day before general voting day; and

(b) one (1) on the 7^th day before general voting day.

Establishment of additional advance voting opportunities

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.

Establishment of special 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.

(c) The Chief Election Officer is authorized to limit the number of candidate representatives who may be present at the special voting opportunity.

Use of automated voting machines

10   Automated Voting Machines may be used for the purposes of conducting general local elections and other voting.

Automated voting machine procedures

11   (a) Elector

(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.

(ii) Upon completion of the voting explanation or demonstration, if any, the elector must proceed as instructed to the election official responsible for issuing Ballots, who:

(1) will ensure that the elector:

(A) is qualified to vote in the election; and

(B) completes the voting book, as required by the Local Government Act; and

(2) upon fulfillment of the requirements of Paragraph A, will then provide a Ballot to the elector, and provide instructions to the elector on how to mark the ballot.

(iii) Upon being given a Ballot, the elector will immediately proceed, without delay, to a voting booth to vote.

(iv) The elector may vote only by making an Acceptable Mark on the Ballot:

(1) beside the name of each candidate of choice, up to the maximum number of candidates to be elected for each of the offices; and

(2) beside either "yes" or "no" in the case of each referendum question.

(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.

(vii) Upon being advised of the replacement Ballot request, the presiding election official will:

(1) offer a replacement Ballot to the elector;

(2) mark the Returned Ballot spoiled; and

(3) retain all such spoiled Ballots separately from all the other Ballots, and they will not be counted in the election.

(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.

(b) Automated Voting Machine

(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.

(ii) Once the Ballot is reinserted into the Automated Voting Machine and the Automated Voting Machine indicates that the Ballot was accepted, the elector must immediately leave the voting place.

(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:

(1) becomes operational; or

(2) is replaced with another 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.

Advance and special voting opportunity procedures

12   (a) Automated Voting Machines

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.

(b) Presiding Election Official

(i) At the close of voting at each advance voting and special voting opportunity, the presiding election official in each case will ensure that:

(1) no additional Ballots are inserted in the Automated Voting Machine;

(2) the Emergency Ballot Box is locked to prevent insertion of any Ballots;

(3) the Register Tapes in the Automated Voting Machines are not generated; and

(4) the Memory Card in the Automated Voting Machine is secured.

(ii) The presiding election official will, at the close of voting at both the final advance voting opportunity and the final special voting opportunity:

(1) ensure that any remaining Ballots in the Emergency Ballot Compartment are inserted into the Automated Voting Machine;

(2) secure the Automated Voting Machine so that no more Ballots can be inserted; and

(3) deliver the Automated Voting Machine, together with the Memory Card and all other materials used in the election, to the Chief Election Officer at Election Headquarters.

Procedures after the close of voting on general voting day

13   (a) Presiding Election Official

(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:

(1) ensure that any remaining Ballots in the Emergency Ballot Compartment are inserted into the Automated Voting Machine;

(2) secure the Automated Voting Machine so that no more Ballots can be inserted;

(3) generate three (3) copies of the Register Tape from the Automated Voting Machine;

(4) account for unused, spoiled, and voted Ballots; and place them, packaged and scaled separately, into the Presiding Election Official Box along with one (1) copy of the Register Tape;

(5) complete the Ballot account and place the duplicate copy in the Presiding Election Official Box;

(6) seal the Presiding Election Official Box;

(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

(8) deliver the sealed Presiding Election Official Box, Automated Voting Machine, and the Chief Election Officer envelope to the Chief Election Officer at Election Headquarters.

(b) Chief Election Officer

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).

Automated voting machine recount procedure

14   (a) If a recount is required, it will be conducted under the direction of the Chief Election Officer, using Automated Voting Machines, and generally in accordance with the following procedure:

(i) the Memory Cards of all Automated Voting Machines will be cleared;

(ii) Automated Voting Machines will be designated for each voting place;

(i) all Ballots will be removed from the sealed Ballot boxes;

(ii) all Ballots, except spoiled Ballots, will be reinserted in the appropriate Automated Voting Machines under the supervision of the Chief Election Officer; and

(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.

Determination of results if tie vote after judicial recount

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.

Availability of nomination documents

16   (a) From the time of the delivery of any nomination documents to the Chief Election Officer until 30 days after the declaration of the election results the Chief Election Officer is authorized to:

(i) make nomination documents available for public inspection at Abbotsford City Hall during regular office hours on request by any person; and

(ii) post nomination documents on the City's website, except that the place of residence, email address, and other personal information on the nomination documents may be redacted.

Availability of disclosure statements

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.

Repeal

18   The following bylaws, and any and all amendments, are hereby repealed:

(a) Bylaw No. 209-96, "Automated Vote Counting System Authorization and Procedure Bylaw, 1996";

(b) Bylaw No. 694-98, "Elections and Other Voting Procedure Bylaw, 1998";

(c) Bylaw No. 1784-2008, "Voting Divisions Bylaw, 2008"; and

(d) Bylaw No. 2342-2014, "Required Advance Voting Opportunity Bylaw, 2014".