Automated Vote Counting System Regulation

Automated Vote Counting System Regulation, M.R. 140/95 The City of Winnipeg Charter , S.M. 2002, c. 39 Regulation 140/95 Registered September 25, 1995 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application 3 Form of ballot 4 Vote tabulator 5 Testing of vote tabulators and memory packs 6 Opening procedures 7 Voting procedures 8 Advance polls 9 Portable ballot boxes 10 Closing procedures and display of election results 11 Non-operational vote tabulator 12 Manual vote count 13 Interpretation of marks 14 Preservation of memory packs 15 Review and recommendation 16 Coming into force Definitions 1(1) In this regulation, "acceptable mark" means a mark that (a) is made by an elector on a ballot in the space provided opposite the name of a candidate, and (b) is recordable by a vote tabulator as a vote for the candidate or, if the ballot is counted manually under section 12 or on a recount, may be interpreted in accordance with section 13 as a vote for the candidate; (« marque acceptable ») "Act" means The Local Authorities Election Act ; («  Loi  ») "automated vote counting system" means a system for the counting and recording of votes and the storage of election results, consisting of (a) one or more vote tabulators, each of which is equipped with a memory pack and rests on a ballot box having (i) a compartment for voted ballots that have been counted by the vote tabulator, and (ii) an emergency ballot compartment, and (b) one or more portable ballot boxes; (« système informatisé de dépouillement des votes ») "ballot marker" means a device approved by the returning officer for the marking of ballots by electors; (« marqueur ») "ballot return override procedure" means the use of a device on a vote tabulator which allows it to count the acceptable marks, if any, on a returned ballot; (« commande de priorité ») "blank ballot" means a ballot without an acceptable mark; (« bulletin blanc ») "election headquarters" means Council Building, Civic Centre, 510 Main Street, Winnipeg, Manitoba; (« bureau central des élections ») "emergency ballot compartment" , in relation to a ballot box used with a vote tabulator, means the compartment into which voted ballots are temporarily deposited in the event that the tabulator is not functioning; (« compartiment d'urgence ») "memory pack" means a removable, programmable, electronic memory device that is designed to record and retain information respecting the number of votes cast for each candidate on ballots counted by the vote tabulator into which the device is inserted; (« module de mémoire ») "overvoted ballot" means a ballot on which an elector has voted for more candidates for an office than are to be elected to that office; (« bulletin nul ») "poll book" in relation to a poll means a printed record containing, subject to section 36.1 of the Act, (a) the name of each person who has applied to vote in the poll, (b) the type of ballot for which the person is eligible, and (c) opposite the person's name, spaces for noting (i) whether the person is objected to and, if so, by whom and whether the person votes notwithstanding the objection, and (ii) whether the person has affirmed an affidavit under section 84 of the Act; (« registre du scrutin ») "portable ballot box" means a ballot box used for the collection of ballots in accordance with subsection 9(1); (« urne portative ») "register tape" means a printed record generated by a vote tabulator; (« imprimé ») "returned ballot" means a ballot returned, uncounted, by a vote tabulator; (« bulletin rejeté ») "secrecy sleeve" means a ballot folder designed to conceal the names of the candidates and the marks made by an elector; (« enveloppe de vote secret ») "special poll" means a poll established or conducted under section 56.1, 56.2 or 56.3 of the Act; (« bureau de scrutin spécial ») "vote tabulator" means an optical scanning device that, when equipped with a memory pack, is designed to scan ballots and record and tabulate the number of votes cast for each candidate on ballots counted by the device. (« machine à voter ») Terms used in Local Authorities Election Act 1(2) Except as otherwise provided in this regulation or unless the context otherwise requires, terms and expressions used in the Act have the same meaning in this regulation as they have in the Act. Application 2 The returning officer may use an automated vote counting system for the election of candidates for each office contested in an election and, where such a system is used, (a) the provisions of this regulation apply to the election; and (b) if this regulation does not provide for a matter, the election shall be conducted as far as is practicable in accordance with the Act. Form of ballot 3 Notwithstanding subsections 63(2), (6) and (7) of the Act, (a) ballots shall be in a form prescribed by a by-law passed by the council of the City of Winnipeg under the authority of subsection 89.3.2(1) of The City of Winnipeg Act ; and (b) each elector applying to vote shall be provided with a single, composite ballot containing the names of all the candidates for each of the offices for which the elector is eligible to vote. Vote tabulator 4 Each vote tabulator used in an election shall be equipped with a memory pack and programmed (a) to record the votes cast for each candidate at the poll or polls at or for which the vote tabulator is to be used to count the votes; (b) to generate a register tape showing (i) the reasons for returned ballots, (ii) the total number of ballots counted by the vote tabulator for each poll, and (iii) the total number of votes cast for each candidate at each poll on the ballots counted by the vote tabulator; and (c) except when the ballot return override procedure is applied, to return, uncounted, (i) blank ballots, (ii) overvoted ballots, and (iii) ballots that have been incorrectly printed or cut or that have been inserted into the vote tabulator in such a way that a mark made by the elector on the ballot is not an acceptable mark. Testing of vote tabulators and memory packs 5(1) No vote tabulator or memory pack shall be used in an election unless it is first tested in accordance with this section and a successful test is attested to by an election officer by endorsing the register tape showing test results that match the pre-audited results. Method of testing 5(2) The test of a vote tabulator and memory pack shall be conducted by (a) inserting the memory pack in the vote tabulator; (b) using the vote tabulator to count a pre-audited group of ballots including ballots that fall into the categories referred to in clause 4(b) and ballots on which are marked a predetermined number of votes for each candidate eligible for votes at the poll or polls for which the memory pack has been programmed; (c) generating a register tape of the results; and (d) comparing the tabulated results with the pre-audited results. Safeguards 5(3) The returning officer shall ensure that reasonable measures are taken to prevent unauthorized access by any person or device to a vote tabulator or memory pack from the time it is tested under this section until it is used in the election. Opening procedures 6 Where a vote tabulator is used at a poll, the election officer responsible for the vote tabulator shall, before the opening of the poll and in the presence of all persons who are lawfully present, (a) open the compartments of the tabulator's ballot box to verify that they are empty and then close and secure them to prevent the unauthorized insertion or removal of ballots; and (b) cause the vote tabulator to print the totals for all candidates on its register tape, and (i) if all the totals are zero, the election officer shall attest to the fact by endorsing the register tape without removing it from the vote tabulator, or (ii) if not all the totals are zero, the election officer shall notify the returning officer and conduct the poll using the emergency ballot compartment of the ballot box until he or she is provided with an operational vote tabulator that, before the insertion of any ballots, generates a register tape indicating totals of zero for all candidates. Entry in poll book 7(1) Before providing a ballot to an elector whose name is listed in the poll book or would be so listed if no application had been made by the elector under section 36.1 of the Act, an election officer shall draw a line in the poll book through the elector's name or, where the name has been obscured or omitted because of that section, the number of the elector. Form of affidavit 7(2) Where an elector whose name does not appear in a poll book, otherwise than because of section 36.1 of the Act, affirms an affidavit under section 84 of the Act, (a) the form of the affidavit shall include a poll book entry portion in which an election officer shall record the poll number, the name and address of the elector, the type of ballot given to the elector, that the affidavit was affirmed, and any objections to the vote made by a candidate or scrutineer; and (b) the completed affidavit shall be appended to and form part of the poll book and no further entry is required in the poll book in respect of the elector. Delivery of ballot to elector 7(3) Notwithstanding section 88 of the Act but subject to clause 85(1)⁠(e) of the Act, when the proper entries respecting an elector have been made in the poll book, an election officer shall initial the front of a ballot containing the names of the candidates for the offices for which the elector is eligible to vote and deliver it to the elector along with a secrecy sleeve. Voting 7(4) On receiving a ballot and secrecy sleeve from an election officer, an elector shall (a) immediately proceed to a voting compartment; (b) using a ballot marker provided for that purpose, mark the ballot with an acceptable mark in the space provided opposite the name of each candidate of his or her choice; and (c) insert the ballot in the secrecy sleeve in such a way as to expose the initials of an election officer and return the sleeve containing the ballot to an election officer. Manner of voting 7(5) An elector may vote for up to the maximum number of candidates that are to be elected to each office, and may do so only by making an acceptable mark in respect of each candidate of his or her choice. Deposit of ballot 7(6) On receiving a voted ballot from an elector, an election officer shall, in the presence of the elector, (a) without removing the ballot from its secrecy sleeve, verify the initials of the election officer on the ballot; and (b) without revealing the names of the candidates or the marks of the elector on the ballot, (i) if a vote tabulator is present at the polling place, insert the ballot directly in the vote tabulator or, if it is not operational, in the emergency ballot compartment of the ballot box, or (ii) if a portable ballot box is being used at the polling place, insert the ballot directly in the box. Verification 7(7) Notwithstanding subsection (6), if an election officer receives from an elector a ballot that does not bear the initials of an election officer, the election officer shall not insert the ballot in a vote tabulator or ballot box. Replacement ballot 7(8) Subject to subsection (9), an election officer shall, if (a) advised by the elector, on returning his or her ballot, that an error may have been made in marking the ballot; (b) the elector's ballot is returned in the elector's presence by the vote tabulator; (c) the officer determines, in the presence of the elector, that the elector's ballot is damaged to the extent that it cannot be inserted in a vote tabulator; or (d) presented with a voted ballot that does not bear the initials of an election officer; advise the elector that he or she may obtain a replacement ballot. Limitation for replacement ballots 7(9) An election officer is not required to comply with subsection (8) and may refuse an elector's request for a replacement ballot if the elector has previously been issued a replacement ballot and, in the opinion of the election officer, the elector is attempting to delay or abuse the election process. Spoiled ballots 7(10) If an election officer receives from an elector a ballot (a) that does not bear the initials of an election officer; or (b) for which a replacement ballot is obtained by an elector; the ballot shall be marked "spoiled" and preserved for later delivery to the returning officer, and the ballot shall not be counted as a voted ballot in the election. Emergency ballot compartment 7(11) Each ballot deposited in the emergency ballot compartment of a ballot box shall, after the poll closes, be removed from the compartment by an election officer and inserted in a vote tabulator. Override procedure 7(12) Subject to subsection (13), each returned ballot for which no replacement ballot is obtained by an elector shall be reinserted by an election officer, using the ballot return override procedure, in a vote tabulator in order to count the acceptable marks, if any, on the ballot. Duplicate ballot 7(13) Where an election officer determines, in the absence of an elector, that the elector's ballot is a ballot referred to in subclause 4(c)⁠(iii) or is damaged to the extent that it cannot be inserted in a vote tabulator, (a) the officer shall prepare, on behalf of the elector and in the presence of all persons who are lawfully present, a duplicate ballot by duplicating on a new ballot, in the space provided opposite the name of each candidate, the mark, if any, made on the elector's ballot in the space provided opposite the candidate; (b) the elector's ballot shall be numbered and the same number shall be recorded on the duplicate ballot; (c) the duplicate ballot shall be substituted for the elector's ballot and inserted in the vote tabulator; and (d) the elector's ballot shall be marked "spoiled" and preserved for later delivery to the returning officer. No totals before close of polling 7(14) Each election officer responsible for a vote tabulator shall ensure that no totals are generated by the vote tabulator at any time after the insertion of a ballot into the vote tabulator and before the close of polling on election day. Advance polls 8(1) Vote tabulators shall be used at all advance polling places. Opening procedures 8(2) Each election officer responsible for a vote tabulator at an advance poll shall, on the first day of the poll before the opening of the poll, comply with the requirements of section 6. Voting procedures 8(3) The provisions of section 7 apply, with such modifications as the circumstances require advance polls. Other procedures 8(4) Each election officer responsible for a vote tabulator at an advance poll shall ensure that (a) adequate measures are taken throughout the advance polls and at the close of each day of the advance poll to prevent the unauthorized insertion of ballots into the vote tabulator or ballot box and the unauthorized removal of ballots from the ballot box; and (b) after the close of polling on the final day of the advance polls, (i) each ballot deposited in the emergency ballot compartment of the ballot box is inserted in the vote tabulator, and (ii) the vote tabulator, including its memory pack, and all other materials used in the advance polls are delivered to the returning officer at election headquarters. Portable ballot boxes 9(1) Portable ballot boxes shall be used for the collection of (a) ballots referred to in clause 95(8)⁠(a) of the Act; and (b) where, in the opinion of the returning officer, it would not be practicable to use a vote tabulator at a special poll, the ballots voted at such a poll. Securing portable ballot box 9(2) An election officer responsible for a portable ballot box referred to in subsection (1) shall ensure that (a) adequate measures are taken to prevent the unauthorized insertion or removal of ballots into or from the box; and (b) if the box is used at a special poll, the box and all other election materials are delivered after the close of the poll to a place designated by the returning officer for the counting of the votes using a vote tabulator. Tabulating ballots deposited in portable ballot boxes 9(3) The returning officer shall ensure that, subject to subsection 7(13), (a) each ballot deposited in a portable ballot box is inserted by an election officer, on or before election day, in a vote tabulator in respect of which an election officer has satisfied the requirements of section 6; and (b) if a ballot referred to in clause (a) is returned by the vote tabulator, it is reinserted in the vote tabulator using the ballot return override procedure. Application of other provisions to special polls 9(4) If a vote tabulator is used at a special poll, the provisions of sections 6 and 7 and, where the special poll is an advance poll, subsection 8(4) apply, with such modifications as the circumstances require, to the special poll. Closing procedures 10(1) After the close of polling on election day, (a) each election officer responsible for a vote tabulator shall (i) ensure that all ballots in the emergency ballot compartment of the tabulator's ballot box are inserted in the vote tabulator, (ii) secure the vote tabulator against the insertion of any additional ballots, (iii) cause the vote tabulator to print on its register tape the totals, by poll if the vote tabulator was used for more than one poll, of the votes cast for each candidate on ballots counted by the vote tabulator, endorse the tape and remove it from the vote tabulator, (iv) cause the vote tabulator to generate two additional copies of the totals referred to in subclause (iii), endorse the copies and deliver them to another election officer at the polling place who shall ensure that (A) one copy is posted in a visible location, and (B) each part of the other copy that is applicable to a specific poll is delivered to the election officer responsible for the corresponding poll book, (v) if practicable, transmit the election data from the vote tabulator to the returning officer electronically, and (vi) deliver the register tape referred to in subclause (iii), together with the vote tabulator's memory pack, to the returning officer at election headquarters; and (b) each election officer responsible for a poll book at a polling place shall (i) prepare and sign a ballot reconciliation accounting for the total number of ballots supplied in respect of the poll, the total number of ballots voted, the total number of spoiled and declined ballots and the total number of unused ballots, (ii) endorse the portion of the register tape applicable to the poll or polls covered by the poll book and affix it to the ballot reconciliation, and (iii) ensure that the poll book, the ballot reconciliation and the various ballots referred to in subclause (i) are placed in storage containers approved by the returning officer and stored in a secure location for delivery, as soon as is practicable after election day, to election headquarters or another location specified by the returning officer. Display of election results 10(2) The returning officer shall ensure that, as soon as is reasonably practicable after the close of polling on election day, the results from each of the polls are tabulated and are displayed at election headquarters. Non-operational vote tabulator during poll 11(1) The election officer responsible for a vote tabulator that ceases to operate properly during a poll may, unless it is evident that the memory pack is malfunctioning, continue counting ballots using the same ballot box and memory pack with another vote tabulator. Non-operational vote tabulator at close of poll 11(2) If a vote tabulator has been used or made available for use at a polling place but the tabulation of the votes cannot be completed because the vote tabulator is not operating or cannot be made to operate within a reasonable time following the close of the poll, the election officer responsible for the polling place shall, after the close of the poll and determining that the tabulation cannot be completed, (a) secure the vote tabulator and the emergency ballot compartment of the ballot box against the insertion of any more ballots; (b) notify the returning officer that the tabulation of the votes cannot be completed with the vote tabulator; (c) await delivery of an operational vote tabulator or personally deliver the non-operational vote tabulator and the ballot box, and all other materials used in the election, to a place designated by the returning officer where an operational vote tabulator is available for use; (d) insert the uncounted ballots, other than spoiled ballots, from the polling place in the vote tabulator and follow the procedures set out in subsections 7(12) and (13) for returned ballots; and (e) on completion of the tabulation of all ballots to be counted, follow, with such modifications as the circumstances require, the procedures set out in subsection 10(1). Manual vote count 12 If, in the opinion of the returning officer, the tabulation of the results of an election cannot be completed using vote tabulators as a result of a major electrical power failure or other emergency, the returning officer may require that election officers count manually the votes on ballots, other than spoiled ballots, that have not been totalled by a vote tabulator. Interpretation of marks 13 Notwithstanding subsections 97(4), (7) and (10) of the Act, where votes are counted manually under section 12 or on a recount, (a) a mark made by an elector on a ballot outside the space provided opposite the name of a candidate shall be ignored; and (b) a mark made by an elector on a ballot in the space provided opposite the name of a candidate is not disqualified as an acceptable mark merely because it was not made with a ballot marker or strictly in accordance with the instructions on the face of the ballot or placarded in a voting compartment. Preservation of memory packs 14 The returning officer shall ensure that each memory pack that was used in an election is preserved, without deleting or destroying any of the information recorded by it in the course of the election, and stored in a secure location until the completion of any recount carried out in respect of a poll at or for which the memory pack was used or, if no such recount occurs, until the day following the last day on which such a recount may be requested under the Act. Review and recommendation 15 After each civic election in which this regulation is used, the minister shall (a) review the effectiveness of the operation of this regulation and, in the course of that review, consult with such persons affected by it as the minister considers appropriate; and (b) if the minister considers it advisable, recommend to the Lieutenant Governor in Council that the regulation be amended or repealed. M.R. 48/98 Coming into force 16 This regulation comes into force October 1, 1995.