Municipal Elections Act - Councils weigh in

NRU
July 29, 2015
By Leah Wong

Through the province’s Municipal Elections Act review, now underway, municipalities have asked for shorter campaign periods, increased clarity on campaign financing, greater flexibility on accessibility and local discretion as to whether or not a municipality decides to use ranked ballots in the future.

At the end of May, Municipal Affairs and Housing minister Ted McMeekin launched a review of the Municipal Elections Act. The review comment period ended on Monday to allow municipalities time to consider ranked ballots ahead of the 2018 municipal elections.

A consistent recommendation from many councils concerns a desire for a shorter municipal election period. Presently the municipal campaign period, from fi ling of nominations to polling day, is more than 10 months long, while provincial and federal elections are substantially shorter.

The Association of Municipalities of Ontario has recommended that the date for fi ling nominations be moved from January 2 to June 1 and nomination and campaign fundraising dates be delinked. While these dates have historically been tied, AMO suggests pushing back the nomination date would create a more sustained focus on local issues and reduce voter fatigue.

Several municipalities also submitted comments on the timing of election day, particularly given that there will be both a provincial and municipal election in 2018. There is broad support for the province to declare voting day a professional development day for all school boards so there is less conflict between the Municipal Election Act and the Safe Schools Act. For the 2014 municipal election York Region school boards had a professional development day on election day.

Another common request from municipalities is that the Municipal Elections Act include clearer rules, particularly related to campaign finance and enforcement of the act.

Presently there is confusion about campaign finance rules and the penalties for not following them. Township of King council has suggested the province enhance penalties for failing to post-election financial statements.

King has also asked that clearer rules governing expenses incurred by sitting councillors during the campaign period be established.

Given candidates’ increased use of the internet for campaigning, municipalities have requested candidates be able to determine what payment methods can be used for donations. This would make it easier for donors to contribute to campaigns using electronic methods. In relation to the use of technology during elections, several municipalities have suggested the protocol for Campaign Financial Statements be reviewed to make electronic filling easier.

While Toronto is the only municipality presently able to prohibit corporations or trade unions from making contributions to candidates-as it is addressed in the City of Toronto Act-the City of Vaughan has requested this power be extended to all municipalities.

Municipalities also raised concerns about their abilities to meet accessibility requirements during municipal elections. The Town of Aurora council’s comments highlight the challenges of meeting requirements in older public facilities where accessibility features do not always work as required. It is one of the municipalities that has suggested municipal clerks be given increased flexibility to address accessibility challenges.

It is also suggested that as Accessibility for Ontarians with Disabilities Act requirements are implemented the province should make resources available for municipalities to update accessible technology. AMO suggests that implementing AODA changes and introducing new voting technologies will improve accessibility for all Ontarians.

The one area that municipal council opinions differ is on the issue of ranked ballots. The province is exploring how the use of ranked ballots could be implemented by municipalities in time for the 2018 election. However, at this time the province is only considering allowing the use of ranked ballots for municipal council elections-school board candidates would remain under the first-past-the-post system.

Several municipalities are concerned that ranked ballots would confuse voters and could lead to even lower electoral participation. In comments submitted to the province King council said it was concern that the number of spoiled, mismarked or partially completed ballots would increase under a ranked ballot system. In order to mitigate the effects of a new electoral system, King said it would need to undertake a significant outreach and education program.

Many municipalities have asked the province to permit municipalities to determine whether or not they wish to use ranked ballots in future municipal elections. Some, including Town of Richmond Hill council, have said municipalities should be required to consult with the public and pass a bylaw to adopt the ranked ballot system.