Item - 2016.EX20.5

Tracking Status

  • City Council adopted this item on December 13, 2016 with amendments.
  • This item was considered by the Executive Committee on December 1, 2016 and adopted without amendment. It will be considered by City Council on December 13, 2016.

EX20.5 - Changes to the Municipal Elections Act and Related Matters Impacting the 2018 Election

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 13, 14 and 15, 2016, adopted the following:

 

1.  City Council request the City Clerk to negotiate and enter into an agreement with Elections Systems and Software Canada, ULC for the supply and installation of new modems and associated software in the estimated amount of $1.55 million exclusive of  HST ($1,577,280 net of HST recoveries), fully funded from the 2016 Council Approved Capital Budget, on terms and conditions satisfactory to the City Clerk and in a form satisfactory to the City Solicitor.

 

2. City Council request the City Clerk to further explore a partnership with Elections Ontario related to the sharing of voting technology for future elections.

 

3.  City Council direct the City Manager to include in any submissions to a Provincial Standing Committee on Bill 68, a request to remove the third party advertising regulations from the Municipal Elections Act, or alternatively, to allow the City to impose additional conditions on third party advertisers.

 

4.  City Council request the Provincial Government to further amend the Municipal Elections Act resulting from Bill 181, Municipal Elections Modernization Act and Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016 as follows:

 

a. third party advertisers must disclose information about contributions it receives, including the contributor’s name and address, and when the contributor is an entity, its type (i.e., LLC, political committee);


b. third party advertisers must disclose additional information about contributors, including the names of a contributing organization’s owners and officers; and


c. have a requirement for all third party advertising funded by independent expenditures to include the names of the largest aggregate contributors.

 

5.  City Council direct the City Solicitor to report on any potential legal challenges to the provisions in the amended Municipal Elections Act which allow third party advertising.

 

6.  City Council direct the City Solicitor and the Executive Director, Municipal Licensing and Standards, to report on the impact of the amended Municipal Elections Act on Toronto's sign by-law.

 

7.  City Council request the City Clerk to consider including advance voting during the Thanksgiving weekend when establishing advance voting days for the 2018 Municipal Election.

Background Information (Committee)

(November 17, 2016) Report from the City Clerk on Changes to the Municipal Elections Act and Related Matters Impacting the 2018 Election
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98545.pdf
Appendix A - Overview of Changes to the Municipal Elections Act, 1996
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98546.pdf
Appendix B - Overview of Ranked Ballot Election Authority and Rules
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98547.pdf
Appendix C - City of Toronto's Integrated Elections Systems
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98548.pdf
Appendix D - Sample Design of a Ranked Ballot
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98549.pdf
Appendix E - Summary Analysis of Voting Technology Marketplace
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98550.pdf

Communications (Committee)

(November 30, 2016) E-mail from Mark Henschel (EX.Supp.EX20.5.1)
(November 30, 2016) E-mail from Mark Field (EX.Supp.EX20.5.2)
(November 30, 2016) E-mail from Kate Lawton (EX.Supp.EX20.5.3)
(November 30, 2016) E-mail from Patricia Sautner (EX.Supp.EX20.5.4)
(November 30, 2016) E-mail from Kate Chung (EX.Supp.EX20.5.5)
(November 30, 2016) E-mail from Sarena Seifer (EX.Supp.EX20.5.6)
(November 30, 2016) E-mail from Sebastian Keegan (EX.Supp.EX20.5.7)
(November 30, 2016) E-mail from Gideon Sheps (EX.Supp.EX20.5.8)
(November 30, 2016) E-mail from Diane Marshall (EX.Supp.EX20.5.9)
(November 30, 2016) E-mail from Blake Connoy (EX.Supp.EX20.5.10)
(November 30, 2016) E-mail from Andrea Iaboni (EX.Supp.EX20.5.11)
(November 30, 2016) E-mail from Lynda Chubak (EX.Supp.EX20.5.12)
(November 30, 2016) E-mail from Charles Tilden (EX.Supp.EX20.5.13)
(November 30, 2016) E-mail from Colin Whitworth (EX.Supp.EX20.5.14)
(November 30, 2016) E-mail from Robin Shonfield (EX.Supp.EX20.5.15)
(November 30, 2016) E-mail from Andrew Horberry (EX.Supp.EX20.5.16)
(November 30, 2016) E-mail from Jenny Polyzotis (EX.Supp.EX20.5.17)
(November 30, 2016) E-mail from Jonathan Marinoff (EX.Supp.EX20.5.18)
(November 30, 2016) E-mail from Patrick Dinnen (EX.Supp.EX20.5.19)
(November 30, 2016) E-mail from Gabrielle Langlois (EX.Supp.EX20.5.20)
(November 30, 2016) E-mail from Riley Haas (EX.Supp.EX20.5.21)
(November 30, 2016) E-mail from Neal Figueiredo (EX.Supp.EX20.5.22)
(November 30, 2016) E-mail from Raj Bharati (EX.Supp.EX20.5.23)
(November 30, 2016) E-mail from David Simmons (EX.Supp.EX20.5.24)
(November 30, 2016) E-mail from David B. Hughes (EX.Supp.EX20.5.25)
(November 30, 2016) E-mail from Norman King (EX.Supp.EX20.5.26)
(November 30, 2016) E-mail from Kevin McLaughlin (EX.Supp.EX20.5.27)
(November 30, 2016) E-mail from Robin Buxton Potts (EX.Supp.EX20.5.28)
(November 30, 2016) E-mail from Michael Bronskill (EX.Supp.EX20.5.29)
(November 30, 2016) E-mail from Anthony McGran (EX.New.EX20.5.30)
(December 30, 2016) E-mail from David and Mary Anne Peacock (EX.New.EX20.5.31)
(November 30, 2016) E-mail from Dan Minkin (EX.New.EX20.5.32)
(December 30, 2016) E-mail from Morty Fine (EX.New.EX20.5.33)
(November 30, 2016) E-mail from Brendan Ouellette (EX.New.EX20.5.34)
(November 30, 2016) E-mail from Alison Zimmer (EX.New.EX20.5.35)
(November 30, 2016) E-mail from Craig Saila (EX.New.EX20.5.36)
(November 30, 2016) E-mail from Slaviša Mijatovic (EX.New.EX20.5.37)
(November 30, 2016) E-mail from Zanis Valdmanis (EX.New.EX20.5.38)
(November 30, 2016) E-mail from Michelle Nochomovitz (EX.New.EX20.5.39)
(November 30, 2016) E-mail from Sasha Boersma (EX.New.EX20.5.40)
(November 30, 2016) E-mail from Joshua Harrower (EX.New.EX20.5.41)
(December 1, 2016) E-mail from Rohan Jayasekera (EX.New.EX20.5.42)
(December 1, 2016) E-mail from Kathy O'Craven (EX.New.EX20.5.43)
(December 1, 2016) E-mail from Elliot Halparin (EX.New.EX20.5.44)
(December 1, 2016) E-mail from Sonia Dyett (EX.New.EX20.5.45)
(December 1, 2016) E-mail from Nicola Joy (EX.New.EX20.5.46)
(December 1, 2016) E-mail from Katherine Janicki (EX.New.EX20.5.47)
(November 30, 2016) E-mail from Charles Ritchie (EX.New.EX20.5.48)
(December 1, 2016) E-mail from Andrew Garrett (EX.New.EX20.5.49)
(December 1, 2016) E-mail from Keiran Heilbron (EX.New.EX20.5.50)
(December 1, 2016) E-mail from Andrew Noble (EX.New.EX20.5.51)
(November 30, 2016) E-mail from Charles Blaquiere (EX.New.EX20.5.52)
(December 1, 2016) E-mail from Ken Lister (EX.New.EX20.5.53)

Communications (City Council)

(December 3, 2016) E-mail from Graysanne Bedell (CC.Main.EX20.5.54)
(November 30, 2016) E-mail from David Bowring (CC.Supp.EX20.5.55)
(November 30, 2016) E-mail from Chris Hunsburger (CC.Supp.EX20.5.56)
(December 9, 2016) E-mail from Diana Hooper (CC.Supp.EX20.5.57)

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Carried)

That City Council request the Ontario Provincial Government to further amend the Municipal Elections Act (MEA) resulting from Bill 181, Municipal Elections Modernization Act and Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016 as follows:

 

a. third party advertisers must disclose information about contributions it receives, including the contributor’s name and address, and when the contributor is an entity, its type (i.e., LLC, political committee);


b. third party advertisers must disclose additional information about contributors, including the names of a contributing organization’s owners and officers; and


c. have a requirement for all third party advertising funded by independent expenditures to include the names of the largest aggregate contributors.

Vote (Amend Item (Additional)) Dec-14-2016 4:31 PM

Result: Carried Majority Required - EX20.5 - Ainslie - motion 1a
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Jim Karygiannis
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

Vote (Amend Item (Additional)) Dec-14-2016 4:33 PM

Result: Carried Majority Required - EX20.5 - Ainslie - motion 1a - REVOTE
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

Motion to Reconsider Vote moved by Councillor Paul Ainslie (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 1a by Councillor Ainslie.


1b - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Lost)

That City Council request the City Clerk to report to the January 19, 2017 meeting of the Executive Committee on the viability of creating a randomly selected Citizens Reference Panel to explore the potential benefits and disadvantages of using ranked ballots in future municipal elections.

Vote (Amend Item (Additional)) Dec-14-2016 4:34 PM

Result: Lost Majority Required - EX20.5 - Ainslie - motion 1b
Total members that voted Yes: 17 Members that voted Yes are Paul Ainslie, Ana Bailão, Josh Colle, Joe Cressy, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, John Tory, Kristyn Wong-Tam
Total members that voted No: 22 Members that voted No are Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, David Shiner, Michael Thompson
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

2a - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Carried)

That City Council direct the City Solicitor to report on any potential legal challenges to the provisions in the amended Municipal Elections Act which allow third party advertising.

Vote (Amend Item (Additional)) Dec-14-2016 4:35 PM

Result: Carried Majority Required - EX20.5 - Perks - motion 2a
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

2b - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Carried)

That City Council direct the City Solicitor and the Executive Director of Municipal Licensing and Standards, to report on the impact of the amended Municipal Elections Act on Toronto's sign by-law.

Vote (Amend Item (Additional)) Dec-14-2016 4:36 PM

Result: Carried Majority Required - EX20.5 - Perks - motion 2b
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

2c - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Carried)

Direct the City Manager to include in any submissions to a Provincial Standing Committee on Bill 68, a request to remove the third party advertising regulations from the Municipal Elections Act, or alternatively, to allow the City to impose additional conditions on third party advertisers.

Vote (Amend Item (Additional)) Dec-14-2016 4:28 PM

Result: Carried Majority Required - EX20.5 - Perks - motion 2c
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 6 Members that were absent are Shelley Carroll, Mary Fragedakis, Jim Karygiannis, Ron Moeser, James Pasternak, Jaye Robinson

Vote (Amend Item (Additional)) Dec-14-2016 4:30 PM

Result: Carried Majority Required - EX20.5 - Perks - motion 2c - REVOTE
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

Motion to Reconsider Vote moved by Councillor Paul Ainslie (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 2c by Councillor Perks.


3 - Motion to Defer Item moved by Councillor John Campbell (Lost)

That City Council defer consideration of the Item until such time as the City Clerk has had an opportunity to speak to the Chief Elections Officer about the Province's plans to purchase Equipment which could potentially be loaned to the City of Toronto.

Vote (Defer Item) Dec-14-2016 3:37 PM

Result: Lost Majority Required - EX20.5 - Campbell - motion 3 - Defer the item
Total members that voted Yes: 10 Members that voted Yes are Jon Burnside, John Campbell, Glenn De Baeremaeker, Frank Di Giorgio, Michael Ford, Giorgio Mammoliti, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Jaye Robinson
Total members that voted No: 26 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bailão, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Justin J. Di Ciano, Sarah Doucette, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that were Absent: 8 Members that were absent are Shelley Carroll, Vincent Crisanti, John Filion, Mary Fragedakis, Michelle Holland, Chin Lee, Ron Moeser, James Pasternak

4 - Motion to Amend Item (Additional) moved by Councillor Sarah Doucette (Carried)

That City Council request the City Clerk to consider including advance voting during the Thanksgiving weekend when establishing advance voting days for the 2018 Municipal Election.

Vote (Amend Item (Additional)) Dec-14-2016 4:38 PM

Result: Carried Majority Required - EX20.5 - Doucette - motion 4
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are John Campbell, Stephen Holyday, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, David Shiner
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

5 - Motion to Amend Motion moved by Councillor Giorgio Mammoliti (Lost)

That City Council amend motion 1b by Councillor Ainslie by deleting the words "the January 19, 2017 meeting of" and inserting the words "in 2019" after the word "Committee" so that it now reads as follows:

 

That City Council request the City Clerk to report to the Executive Committee in 2019 on the viability of creating a randomly selected Citizens Reference Panel to explore the potential benefits and disadvantages of using ranked ballots in future municipal elections.

Vote (Amend Motion) Dec-14-2016 4:33 PM

Result: Lost Majority Required - EX20.5 - Mammoliti - motion 5
Total members that voted Yes: 10 Members that voted Yes are Christin Carmichael Greb, Vincent Crisanti, Glenn De Baeremaeker, Paula Fletcher, Michelle Holland, Giorgio Mammoliti, Frances Nunziata (Chair), Cesar Palacio, David Shiner, John Tory
Total members that voted No: 29 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Gord Perks, Anthony Perruzza, Michael Thompson, Kristyn Wong-Tam
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-14-2016 4:38 PM

Result: Carried Majority Required - EX20.5 - Adopt the item as amended
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Shelley Carroll, Mary Fragedakis, Ron Moeser, James Pasternak, Jaye Robinson

Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that Council had previously voted on ranked ballots and requested the Speaker to rule on whether a two-thirds vote is needed to re-open this issue.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and advised that she would provide a ruling.

Speaker Nunziata subsequently made the following ruling: Members, I have been asked whether debate regarding ranked ballots is in order at this time given past decisions. Council's last vote on this matter was under item EX8.1 on September 30, 2015, more than 12 months ago. That item as about City Council taking a position on what should be included in municipal legislation planned by the province. Despite the City Council decision, the province subsequently introduced legislation that allows for the City Council to use ranked ballots. We do not need to re-open a previous decision at this time. First, the decision was more than 12 months ago, and second, with the passing of new legislation, there has been a change in circumstances since Council voted on ranked ballots.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that Councillor Di Ciano should put his name on the list to speak if he wished to speak or make comments on the Item, as he had not asked any questions of Councillor Ainslie on his motion. Councillor Perks asked the Speaker to call Councillor Di Ciano to order and cut his time.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Di Ciano should ask clarifying questions.

EX20.5 - Changes to the Municipal Elections Act and Related Matters Impacting the 2018 Election

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council request the City Clerk to negotiate and enter into an agreement with Elections Systems and Software Canada, ULC for the supply and installation of new modems and associated software in the estimated amount of $1.55 million exclusive of HST ($1,577,280 net of HST recoveries), fully funded from the 2016 Council Approved Capital Budget, on terms and conditions satisfactory to the City Clerk and in a form satisfactory to the City Solicitor.

 

2. City Council request the City Clerk to further explore a partnership with Elections Ontario related to the sharing of voting technology for future elections.

Origin

(November 17, 2016) Report from the City Clerk

Summary

The purpose of this report is to update City Council on the recent changes to the Municipal Elections Act (MEA) resulting from Bill 181, Municipal Elections Modernization Act and Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016. These amendments to the Municipal Elections Act represent the most significant and extensive changes in decades and will impact candidates, voters, municipal councils and election administrators.

 

This report also reviews the current state of voting technology and recommends that City Council authorize the expenditure to install new modems in the City's existing vote tabulators to allow for their continued use in 2018. This will ensure seamless continuity into the 2018 election and allow staff to further explore a possible partnership with Elections Ontario on the sharing of voting technology for future elections as is proposed in Bill 45, Election Statute Law Amendment Act, 2016.

 

This report also advises that there have been insufficient advances in Internet security to accept the risks of implementing Internet voting for the 2018 general election. The challenges identified by both City staff and security experts in 2014 remain unresolved. Internet voting continues to be vulnerable to security threats and attacks while raising concerns about secrecy of the vote, verifiability and overall election integrity.

Background Information

(November 17, 2016) Report from the City Clerk on Changes to the Municipal Elections Act and Related Matters Impacting the 2018 Election
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98545.pdf
Appendix A - Overview of Changes to the Municipal Elections Act, 1996
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98546.pdf
Appendix B - Overview of Ranked Ballot Election Authority and Rules
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98547.pdf
Appendix C - City of Toronto's Integrated Elections Systems
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98548.pdf
Appendix D - Sample Design of a Ranked Ballot
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98549.pdf
Appendix E - Summary Analysis of Voting Technology Marketplace
https://www.toronto.ca/legdocs/mmis/2016/ex/bgrd/backgroundfile-98550.pdf

Communications

(November 30, 2016) E-mail from Mark Henschel (EX.Supp.EX20.5.1)
(November 30, 2016) E-mail from Mark Field (EX.Supp.EX20.5.2)
(November 30, 2016) E-mail from Kate Lawton (EX.Supp.EX20.5.3)
(November 30, 2016) E-mail from Patricia Sautner (EX.Supp.EX20.5.4)
(November 30, 2016) E-mail from Kate Chung (EX.Supp.EX20.5.5)
(November 30, 2016) E-mail from Sarena Seifer (EX.Supp.EX20.5.6)
(November 30, 2016) E-mail from Sebastian Keegan (EX.Supp.EX20.5.7)
(November 30, 2016) E-mail from Gideon Sheps (EX.Supp.EX20.5.8)
(November 30, 2016) E-mail from Diane Marshall (EX.Supp.EX20.5.9)
(November 30, 2016) E-mail from Blake Connoy (EX.Supp.EX20.5.10)
(November 30, 2016) E-mail from Andrea Iaboni (EX.Supp.EX20.5.11)
(November 30, 2016) E-mail from Lynda Chubak (EX.Supp.EX20.5.12)
(November 30, 2016) E-mail from Charles Tilden (EX.Supp.EX20.5.13)
(November 30, 2016) E-mail from Colin Whitworth (EX.Supp.EX20.5.14)
(November 30, 2016) E-mail from Robin Shonfield (EX.Supp.EX20.5.15)
(November 30, 2016) E-mail from Andrew Horberry (EX.Supp.EX20.5.16)
(November 30, 2016) E-mail from Jenny Polyzotis (EX.Supp.EX20.5.17)
(November 30, 2016) E-mail from Jonathan Marinoff (EX.Supp.EX20.5.18)
(November 30, 2016) E-mail from Patrick Dinnen (EX.Supp.EX20.5.19)
(November 30, 2016) E-mail from Gabrielle Langlois (EX.Supp.EX20.5.20)
(November 30, 2016) E-mail from Riley Haas (EX.Supp.EX20.5.21)
(November 30, 2016) E-mail from Neal Figueiredo (EX.Supp.EX20.5.22)
(November 30, 2016) E-mail from Raj Bharati (EX.Supp.EX20.5.23)
(November 30, 2016) E-mail from David Simmons (EX.Supp.EX20.5.24)
(November 30, 2016) E-mail from David B. Hughes (EX.Supp.EX20.5.25)
(November 30, 2016) E-mail from Norman King (EX.Supp.EX20.5.26)
(November 30, 2016) E-mail from Kevin McLaughlin (EX.Supp.EX20.5.27)
(November 30, 2016) E-mail from Robin Buxton Potts (EX.Supp.EX20.5.28)
(November 30, 2016) E-mail from Michael Bronskill (EX.Supp.EX20.5.29)
(November 30, 2016) E-mail from Anthony McGran (EX.New.EX20.5.30)
(December 30, 2016) E-mail from David and Mary Anne Peacock (EX.New.EX20.5.31)
(November 30, 2016) E-mail from Dan Minkin (EX.New.EX20.5.32)
(December 30, 2016) E-mail from Morty Fine (EX.New.EX20.5.33)
(November 30, 2016) E-mail from Brendan Ouellette (EX.New.EX20.5.34)
(November 30, 2016) E-mail from Alison Zimmer (EX.New.EX20.5.35)
(November 30, 2016) E-mail from Craig Saila (EX.New.EX20.5.36)
(November 30, 2016) E-mail from Slaviša Mijatovic (EX.New.EX20.5.37)
(November 30, 2016) E-mail from Zanis Valdmanis (EX.New.EX20.5.38)
(November 30, 2016) E-mail from Michelle Nochomovitz (EX.New.EX20.5.39)
(November 30, 2016) E-mail from Sasha Boersma (EX.New.EX20.5.40)
(November 30, 2016) E-mail from Joshua Harrower (EX.New.EX20.5.41)
(December 1, 2016) E-mail from Rohan Jayasekera (EX.New.EX20.5.42)
(December 1, 2016) E-mail from Kathy O'Craven (EX.New.EX20.5.43)
(December 1, 2016) E-mail from Elliot Halparin (EX.New.EX20.5.44)
(December 1, 2016) E-mail from Sonia Dyett (EX.New.EX20.5.45)
(December 1, 2016) E-mail from Nicola Joy (EX.New.EX20.5.46)
(December 1, 2016) E-mail from Katherine Janicki (EX.New.EX20.5.47)
(November 30, 2016) E-mail from Charles Ritchie (EX.New.EX20.5.48)
(December 1, 2016) E-mail from Andrew Garrett (EX.New.EX20.5.49)
(December 1, 2016) E-mail from Keiran Heilbron (EX.New.EX20.5.50)
(December 1, 2016) E-mail from Andrew Noble (EX.New.EX20.5.51)
(November 30, 2016) E-mail from Charles Blaquiere (EX.New.EX20.5.52)
(December 1, 2016) E-mail from Ken Lister (EX.New.EX20.5.53)

Speakers

Aleksander Essex
Alan Kasperski, The Green Party of Toronto
Miroslav Glavic
Dave Meslin, 123Ontario
Councillor Gord Perks

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Paul Ainslie (Lost)

That City Council request the City Clerk to report to the January 19, 2017 meeting of the Executive Committee on the viability of creating a randomly selected Citizens Reference Panel to explore the potential benefits and disadvantages of using ranked ballots in future municipal elections.

Vote (Amend Item (Additional)) Dec-01-2016

Result: Lost Majority Required
Total members that voted Yes: 3 Members that voted Yes are Paul Ainslie, Ana Bailão, Mary-Margaret McMahon
Total members that voted No: 6 Members that voted No are Gary Crawford, Frank Di Giorgio, Denzil Minnan-Wong (Chair), Cesar Palacio, James Pasternak, David Shiner
Total members that were Absent: 4 Members that were absent are Michelle Holland, Jaye Robinson, Michael Thompson, John Tory

2 - Motion to Adopt Item moved by Deputy Mayor Denzil Minnan-Wong (Carried)

Rulings

Ruling by Deputy Mayor Denzil Minnan-Wong (Upheld)
The Chair ruled that Councillor Ainslie's request to the deputant to play a video was not a question of the deputant.
Challenged by Councillor Paul Ainslie

Source: Toronto City Clerk at www.toronto.ca/council