Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Volume II

39th Provincial General Election October 8, 2013

Published by the Chief Electoral Officer April 2014

39th Provincial General Election October 8, 2013

Published by the Chief Electoral Officer April 2014

April 23, 2014

The Honourable Kevin Murphy Speaker of the House of Assembly Legislative Assembly of Nova Scotia Province House 1726 Hollis Street Halifax, NS B3J 2Y3

Dear Mr. Speaker:

The Report of the Chief Electoral Officer on the Proceedings of the 39th Provincial General Election held October 8, 2013 is presented in three volumes: Volume I, Statement of Votes & Statistics provides a summary of the election results and provides detailed statistics on the vote was published on December 16, 2013. Volume II, Report on the Conduct of the Election and Recommendations for Legislative Change includes the results of an independent audit of new procedures and lessons learned. Volume III, Financial Information & Statistics, to be published in the spring of 2014, provides financial information on election expenses, candidate reimbursement, election administration costs and financial statistics.

I am honoured to present Volume II, Report on the Conduct of the Election and Recommendations for Legislative Change, for the 39th Provincial General Election, to the Legislative Assembly, in accordance with Section 163 of the Elections Act.

Sincerely,

Richard Temporale Chief Electoral Officer

Contents

Summary 1 Post-Event 21 Kings North Judicial Recount 21 Pre-Event 3 Financial Reporting and Disclosure 22 Highlights of Changes to Legislation Election Audits – Measuring the Integrity and since the 2009 Provincial General Election 3 Effectiveness of New Systems and Processes 22 New Tariff of Fees and Expenses 4 Key Findings 23 Executing the New Electoral Boundaries 5 Campus Poll Review 24 Register of Electors 5 Compliance Audit 24 Returning Officer and Election Clerk Investigations of Allegations of Voter Fraud 25 Recruitment and Training 6 Other Lessons Learned 26 Returning Office Staffing 7 Enforcement of the Elections Act 28 Securing Suitable Office Space 7 Voting Accessibility 8 Recommendations of the Chief Electoral Support of Field Offices 9 Officer for Legislative Change 31 Ballot Printing 9 Recommendations for Candidates, Learning Management System (LMS) 9 EDAs and Parties 32 Election Management System 10 Amend Election Advertising Rules 34 Candidate Registration 10 Amend Election Finance Rules 35 Official Agent Training Seminars 10 Changes to Names of Party and Candidate Representatives 36 Event 13 Compliance and Enforcement 37 Communications 13 Recommendations Affecting Elector Student Vote 14 Registration and Voting 37 Democracy Week – September 16-23, 2013 14 Using Technology in the Polls 40 Public call-centre 14 Recommendations Affecting Other Official Agent Help Line 15 Departments or Agencies 43 Candidate Nominations 15 Third Party Registrations 15 Appendix A 47 Candidate Nominations 15 Voter Information Card (VIC) 16 Appendix B 81 List of Electors 16 Voting Opportunities 17 Election Calendar 2013 Inside back cover Exit Survey 20 Election Night Results 20

Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Summary

n September 7, 2013, at the request voted using one of the ways to vote Oof Premier Darrel Dexter, the offered throughout the writ period. The Lieutenant Governor, the Honourable J.J. percentage of electors who voted was Grant CMM, ONS, CD (Ret’d), dissolved 58.2% compared to 57.91 % in 2009, the Legislative Assembly. An Order in and 59.89 % in 2006. Council directed the Chief Electoral A total of 2,221 polling stations were Officer to issue the writs of election to set up in 905 different locations across all 51 electoral districts, ordering that the the province; 183 stations received 39th Provincial General Election be held advance poll voters; 1,949 polling on Tuesday, October 8, 2013. stations serviced election day voters At the time of dissolution there and 89 mobile polls served electors in were 52 electoral districts in Nova residential centres. More than 6,000 Scotia. Standings in the House of Nova Scotians were employed. Assembly included: 31 members of the To enhance access to voting, new Nova Scotia New Democratic Party, 12 voting opportunities were introduced members of the Nova Scotia Liberal including the continuous poll in each Party, 7 members of the Progressive returning office, the out-of-district Conservative Association of Nova Scotia poll facilitating electors to vote at any and two vacancies. returning office regardless of their place In the October 8, 2013 Provincial of residence, the campus poll that General Election, 176 candidates enabled students and other electors to stood for election: 51 from each of the vote at short-term polls on university Nova Scotia Liberal Party (NSLP), the and NSCC campuses, and the hospital Nova Scotia New Democratic Party poll that enabled patients, visitors and (NSNDP), the Progressive Conservative staff to vote in hospital on specific days Association of Nova Scotia (PC), 16 before election day. representing the Green Party of Nova The 2013 Provincial General Election Scotia (GPNS), and 7 independent was the first test of the amended candidates. Elections Act (the Act), new electoral Elected to the House of Assembly processes, new boundaries, and new were 33 members of the NSLP, 11 PC, returning officers. The Chief Electoral and 7 NSNDP. No candidate of the Officer chose to commission an GPNS or independent candidate was independent and open review to assess elected. these new features. The audit was The NSLP received 190,112 or 45.71% designed to focus on the processes of the valid votes cast, while the NSNDP used in voting, the training provided to received 111,622 votes (26.84%), and election day workers, and the processes the PC 109,452 votes (26.31%). The around counting ballots and results GPNS received 3,528 votes (0.85%) and tabulation. independent candidates received a total Three other audits were also carried of 1,238 votes (0.3%). out. By close of the polls on election day, In light of the non-compliance there were 720,077 electors registered to problems identified in the 2011 federal vote. In total, 419,091 of those electors general election in Etobicoke Centre,

1 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change the Chief Electoral Officer ordered a The third was a review looking into comprehensive review of adherence the success or failure to meet student to policies and procedures in the field expectations at the polls offered on during the 2013 Provincial General university and college campuses Election. throughout the province. ENS employed a team of 14 election The fourth looked exclusively at officials to review a random sample of allegations of voter fraud during the election day polls, advance polls, mobile election. polls, continuous polls, and write-in ballot polls. This compliance audit was conducted over three weeks and compiled for analysis.

2 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Pre-Event

Highlights of Changes to structure that allows persons with disabilities to cast their ballot without Under the Act, ENS has a Legislation since the 2009 “ mandate to implement public barrier or obstruction. If necessary, the Provincial General Election communication, education and elector may be assisted to mark the information programs. After the Provincial General Election ballot. Ballot boxes may also be moved ” of June, 2009, the Elections Act was by an election officer to make it easier subject to a complete review and, to a for an elderly or disabled elector to vote. large extent, modernization and was The Act allows the Chief Electoral proclaimed in December, 2011. Officer to appoint 16 to18 year old The updated Act enshrines the residents to certain election worker independence of the Chief Electoral positions which introduces young Officer and Elections Nova Scotia people to the electoral process from the (ENS). Returning officers, being the key service delivery side. It is anticipated that individuals responsible for delivering this will lead to electoral engagement election services in each electoral once these young workers reach voting district, are now appointed by the Chief age. The Act also contemplates a Electoral Officer according to a merit process to gather information from 16 to based process. 18 year olds for the Register of Electors The Act consolidates all electoral before they attain voting age. and electoral finance legislation in one A registration process for prospective place from many sources of statutes and candidates was introduced with the Act. regulations. Candidates must register before money Under the Act, ENS has a mandate is accepted or spent by a candidate’s to implement public communication, official agent. The Chief Electoral Officer education and information programs, is required to publish a list of registered including information for new electors, candidates. Financial reporting of to make electoral process better known transactions during the registration to the public, particularly to those period is mandatory at the end of each persons and groups most likely to calendar year. Candidate registrations experience difficulties in exercising their are valid for one election only. democratic rights. The responsibility for An important aspect of an electoral voter turnout rests with the registered finance regime is the introduction of parties, the candidates and their third party election advertising rules. campaign teams and not with ENS. It Election advertising is a message that is hoped that through strong education promotes or opposes a registered and communication initiatives and political party, the election of a certain by increasing accessibility to voting candidate, or a party’s or candidate’s opportunities, ENS can positively position on an issue. The Act requires influence citizen engagement in the that a third party advertiser register with political process and indirectly influence the Chief Electoral Officer immediately voter participation in elections. after having incurred election advertising The Act requires that every polling expenses of $500 and the Act specifies station must be in an accessible premise that a third party may not incur election with level access and an internal advertising expenses of more than

3 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

$10,000 during a general election. All to be consistent with the intent of registered third parties must file a report the Commission and to improve the with the Chief Electoral Officer with administration of the boundaries. details of election advertising expenses The enactment of new electoral which the Chief Electoral Officer must districts also had the effect of requiring publish along with the names and the Chief Electoral Officer to review addresses of registered third parties. every returning officer position. The Third party registrations are active only Act legislates that the office of the during a writ period. returning officer becomes vacant with Another significant change since the implementation date of an electoral the 2009 general election was the boundaries commission report. enactment of new electoral district boundaries. Every ten years, the electoral New Tariff of Fees and boundaries of Nova Scotia are subject Expenses to review by an Electoral Boundaries As part of the review of legislation Commission as legislated by the House conducted at the request of the House of Assembly Act. The independent Nova of Assembly following the Provincial Scotia Electoral Boundaries Commission General Election of 2009, the Chief was established by the Select Committee Electoral Officer conducted an analysis on Establishing an Electoral Boundaries of the Tariff of Fees and Expenses Commission. The Commission’s Final made under Section 355 of the Act. Report was presented in September, The tariff had last been reviewed and 2012. The goal is to keep pace with updated in 2008. The Chief Electoral population growth and movement to Officer recommended changes to achieve relative population parity among improve election management and electoral districts. administration recognizing the On October 25, 2012, the government need for competent, professional implemented the boundaries through election officials in the field and the Bill 94. This bill put into legislation 51 increasing requirements that some electoral districts (a reduction from election workers have computer and the 52 electoral districts) that would communications skills and experience. come into effect for the 39th Provincial It was also recognized that the number General Election. In addition, four of hours spent by team members varied separate Bills were introduced to amend greatly by district, creating an unfair the House of Assembly Act and renamed compensation model for the fixed fees four of the electoral districts to come paid. into effect on the dissolution of the The recommendations followed the legislature for the election. preparation by ENS of a job description Under the powers vested in the Act, for returning officers, an analysis the Chief Electoral Officer recommended of the key field positions in election two changes to the boundaries as administration by the Public Service described by the Commission. The Commission (PSC) and the PSC’s boundaries between Inverness and informal evaluation of the position Victoria-The Lakes in the Meat Cove using the Hay Job Evaluation System. area and between Preston-Dartmouth Subsequently, the PSC concluded, and Eastern Shore in the Candy and ENS agreed, that election officer Mountain Road area were changed positions could not be rated against Excluded Classification (EC) roles as

4 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change they are not provincial government district associations to review their employees. The PSC then conducted proposed changes to polling divisions a jurisdictional review of comparable and polling locations. The project was election worker positions which successfully completed at the end of validated the work done by ENS. March 2013. For election workers, new hourly ENS then proceeded to generate the “ The Register of Electors is rates were introduced and future new 2012 Electoral District Map series a database of Nova Scotians increases will be based on changes to and re-associate the civic addresses with who are qualified to vote in the minimum hourly wage. Increases the new distribution of electoral districts provincial elections.” to other expenses (rental of premises, and polling divisions. The ENS GIS etc.) will be based on changes to the team generated a series of 100 electoral Consumer Price Index. districts maps, 1500 polling division These recommendations were maps, printed over 4000 maps, and accepted and implemented in October updated the website to communicate 2012. The complete Tariff of Fees and the boundaries that were to be used in Expenses is available on the ENS the 39th Provincial General Election. website. Significant change in the setup of the returning offices resulted Executing the New Electoral from the introduction of new Boundaries voting opportunities, the election Once the new electoral boundaries were management system (EMS) and other enacted, all polling division boundaries new technologies. All returning offices had to be reviewed. The returning had wireless network and Internet officers used a web enabled mapping access that linked their six computers tool to assess and review their polling and printers and facilitated access to divisions. ENS Geographic Information the EMS program and its centralized Systems (GIS) analysts trained and database of registered electors and supported the returning officers in the election management tools. Business assessment of the electoral geography continuity was assured through a (polling division boundaries, polling backup mobile Internet connection locations, etc.) within their assigned through a mobile wireless router. Mobile districts. wireless routers were also used to set up Returning officers were required to network connections at university and identify potential returning office and college campus polls to enable access poll locations in their electoral district. to the EMS and real time strike off of They were provided with guidelines as electors as they voted. to where high speed Internet zones were available, population of potential voting Register of Electors location catchment areas, drive time The Register of Electors is a database of analysis to the nearest polling location, Nova Scotians who are qualified to vote and accessibility assessment criteria to in provincial elections. use when inspecting each prospective The Register of Electors includes the polling location. This project aided the name, date of birth, sex, civic address, newly appointed returning officers to and mailing address and whether become very familiar with the geography the elector voted in the latest general of their electoral district. Returning election. ENS continually updates the officers were then tasked with meeting register based on data received from representatives of their local electoral the Registrar of Motor Vehicles, Vital

5 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Statistics, extracts of the National addresses, update mailing addresses Register of Electors from Elections in the district, and capture or remove Canada, and through local governments electors from the Register, and when they use an extract of the register validate and remove duplicate elector for their elections. An elector’s civic information. address determines the electoral district “ At the start of the 39th General and polling division in which they reside Returning Officer and Election, the Register included and the polling location where they vote. Election Clerk Recruitment 709,450 registered electors.” The Register of Electors may only be and Training used for electoral purposes. At the start The Elections Act legislates that the of the 39th Provincial General Election, office of the returning officer becomes the Register included 709,450 registered vacant on the implementation date of electors. an electoral boundaries commission ENS employs several techniques report. The most recent boundary review to ensure that electors are registered was conducted and recommendations with their correct and current address. approved in 2012. Updates of elector and residence The Act enables ENS to recruit and information are obtained monthly hire returning officers following a merit- from the Registry of Motor Vehicles, based process. Once new electoral Vital Statistics, and the Department boundaries were approved, extensive of Health, and bi-annually from advertising was conducted to inform Elections Canada. Shared civic address the public that regional information information is vetted against the sessions were being held across Nova provincial civic address information Scotia as part of the recruitment process provided by the Nova Scotia Civic for 51 returning officers, five assistant Address File (NSCAF) to ensure its returning officers for satellite offices and accuracy, while the mailing address 56 election clerks. information is checked through a Job descriptions for both returning Canada Post Corporation’s approved officer and election clerk were program. Where information is correct distributed and posted on the ENS and the elector’s name and date of website as well as on the government of birth are matched, the current updates Nova Scotia website. Job advertisements are applied to the Register of Elector to were published in newspapers across keep it up-to-date. Triangulation of data the province resulting in hundreds of sources helps ensure the most up-to- applications for 112 positions. date information and aids in eliminating The interviews and testing were duplicates. Furthermore, shared conducted between June and August, information from Vital Statistics and 2012. In the end, the turnover was the Department of Health provide the significant. Thirty of the 54 returning source of deceased electors that should officers and assistant returning officers be removed from the register. employed to run the 2009 general In addition to the digital scrubbing election had either retired since that of the electors’ information, ENS election or were replaced as a result of designs special projects for validating this merit-based process. the Register’s elector and civic address Successful candidates were advised information by returning officers by the Chief Electoral Officer in August/ and specialized staff. Such projects September of 2012. On January 23, 2013 ensure proper electoral distribution of the first formal inauguration ceremony

6 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change for returning officers took place in the in the general administration of the Red Room at Province House; the office. Lieutenant-Governor of Nova Scotia In addition, due to the highly presided over this ceremony where 51 successful use of the write-in ballot returning officers and five assistant coordinator position introduced in the returning officers for satellite offices 2009 general election, the number “ On January 23, 2013 the first were sworn in. of hours allocated to this position formal inauguration ceremony Training for all returning officers, was increased from 80 to 120 and a for returning officers took place assistant returning officers and election second position was added to assist in the Red Room at Province clerks took place in two phases: Phase the coordinator with their duties and House; the Lieutenant-Governor of Nova Scotia presided over this One training was conducted over seven to accompany them on all visits with ceremony where 51 returning consecutive days between August electors. The write-in ballot coordinators officers and five assistant 2012 and February 2013; and included were nominated by the party that came returning officers for satellite training on all operational policies and first in the last election. The second offices were sworn in. procedures, the nomination process, the position, appointed from the list of ” new learning management system, and names provided by the party that came the new election management system. second in the last election, was allocated Phase Two training for returning 80 hours and added an element of officers, assistant returning officers and safety to home visits as well as acting as election clerks consisted of a three-day an observer of the fairness of the voting overview of election administration, process. including hands-on experience with the election management system. This Securing Suitable training was held in March 2013 Office Space With no election called in the Prior to the writ of election, each spring of 2013, ENS scheduled returning officer was required to locate a refresher training. Returning primary and contingency returning office officers, assistant returning officers space, a difficult assignment without and election clerks were asked to knowing the date of the election. complete two assignments – one on The basic requirements of a returning operational procedures and issues, office are that it be accessible to the other focused on using the new disabled electors and centrally located in election management system. These the electoral district for the convenience assignments were completed in of electors. It must meet the technical August 2013. specifications for high-speed Internet service to accommodate the election Returning Office Staffing management and the learning The debrief with returning officers and management systems. election clerks after the 2009 provincial Returning officers may only sign general election confirmed that three a lease or provide a deposit once the core staff positions in an office were writ is issued. As could be expected, no longer sufficient to administer a this resulted in several returning provincial election to the expectations officers losing their primary location of the general public, candidates and and contingency space and having to ENS. Consequently, an additional staff scramble to find another place to rent, member position was added, primarily making compromises on requirements. to administer the polls run out of each Because of the unknown writ and office and to assist the returning officer election dates and the difficulties in

7 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change securing space in advance, the rent paid 40 per cent of Nova Scotians aged 65 or for the returning offices ranged from older are disabled. In 2013, 30% of Nova $1,750.00 to $14,720.00. There is an Scotia electors were over 65 years old. opportunity to reduce the high fees paid ENS invited the executive director in some districts if more notice can be of Nova Scotia League for Equal given to the returning officers so that Opportunities (NSLEO), the umbrella “ Election Nova Scotia’s goal is to appropriate space can be secured in group for disabled persons in the deliver solutions that will make advance. province, to make a presentation to the entire voting process – from The ENS election readiness the Election Commission on the needs registering to vote to casting a preparations included a contract with of the disabled community in relation ballot – accessible for every a provincial transportation company to to voting. Commission members were Nova Scotian.” pick up and deliver the first shipment advised that transportation to the polls of supplies to each of the 51 returning was the major obstacle in preventing offices and five satellite returning offices disabled electors from exercising their within 72 hours of the writ being issued. democratic rights. This target was achieved. All returning ENS also hosted a meeting of a new offices were open to the public on working group advocating on behalf of Monday, September 9, 2013, and voting disabled electors in Nova Scotia. commenced at both the continuous and ENS’s goal is to deliver solutions write-in ballot polls on that day. that will make the entire voting One major challenge faced by most process – from registering to vote to returning offices was that their technical casting a ballot – accessible for every equipment had not been installed by Nova Scotian. Some features of our the supplier according to the agreement accessibility program include: with ENS. This delay extended to • A computer program that reads aloud Thursday, September 12 at some all our website content including PDF locations and required staff to process and Word documents. As visitors electors manually until they could be move the cursor over words, they are entered into the election management spoken aloud in any of more than 30 system. languages. The website material can also be saved in a MP3 format for Voting Accessibility replay later Voting in a provincial election is a • A toll-free information line for those constitutional right of all Canadian with a hearing impairment: TTY citizens. Many people, including those 1-866-774-7074 (Toll Free TTY) with disabilities, face a variety of barriers • Documents written specifically for to casting their ballot privately and persons with disabilities and/or low independently. literacy Nova Scotia has the highest rate • Election brochures available in two of disability in Canada. According to versions of Braille Statistics Canada, 19 per cent of people • A sign-language video on voting – about one in five – are disabled, for people who are deaf or hard of compared to the national average of 13.7 hearing per cent. • A voting template for the visually Nova Scotia also has the oldest impaired population in Canada. About 1,000 • Transfer certificates on election day to Nova Scotians turn 65 each month and permit persons who use wheelchairs or who have other physical

8 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

disabilities to vote at facilities that districts where large turnouts at the provide level access if, in exceptional continuous poll in the returning office cases, their own polling locations do was a particular challenge. not provide such access • Assistance, at the voter’s request, Ballot Printing with registration and marking the Historically, the printing of advance ballot at the advance polls, the poll and election day ballots was the polling location on election day or the responsibility of each returning officer returning office who secured a local printer. Despite • Transportation of ballot boxes from providing local printers with detailed the polling station to the curb at the instructions on the form of ballot, font voter’s request size and type, the final ballot proofs, on • Transportation of the ballot box from occasion, contained errors and were room to room to facilitate voting in inconsistent with the legislated format. hospitals and residential centres With the advent of desktop printing, • Mobile polling stations in residential many of the local, smaller printers have centres where seniors or persons become obsolete, leaving many electoral with disabilities reside districts without a qualified local printer • Voting at home in the presence of and forcing returning officers to expand an election officer and a witness, on their search area significantly. request Available technology spurred the move toward digitally printed ballots in Support of Field Offices fewer centres across the province. A support centre for returning office core Working with government staff was established at the ENS office procurement, ENS divided the in Halifax. Eight agents who were either province’s 51 electoral districts into former returning office core staff or had seven regions and through a Request worked in the 2009 support centre were for Proposals process and invited recruited and trained in all aspects of proponents to bid on multiple regions election procedures and policies. if they could meet the requirements. Throughout the election period, the Three printers were selected to print the support centre was open from 8:30 am ballots for the 51 districts in the province to 6 pm Monday through Saturday, with the projected benefits in efficiency, except those days on which field offices consistency and quality realized. were working extended hours, in which case, the support centre was also Learning Management available. System (LMS) ENS assigned mentors to each of the During the 2013 Provincial General 30 plus first-time returning officers. The Election, ENS hired 6,539 temporary mentors were chosen from among the workers to help administer the electoral returning officers with previous election processes at more than 2,000 polling experience who were able to provide stations spread across the province. guidance, available to answer questions Training the part-time election officers is or to address concerns. a critical step in the process. In addition, retired returning officers Varying ages, backgrounds, and skill Ken Eisan and Mike Hodgson, were sets of the election workers or officers asked to mentor and assist the new hired means that training materials need returning officer in their former electoral to be easy to access and understand.

9 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

To create, print, bind and distribute Returning officers used its various reference manuals is costly and time- tools to manage polling locations and consuming. Without a known election election worker records, register and date, training must be delivered to revise electors’ information, generate meet election readiness targets and Voter Information Cards (VICs), print redelivered to core staff from time to the list of electors for use at the polls time because participants may forget and by candidates, and publish election important elements before the election night results as they were reported by is called. election officers at the polls. ENS set out to develop a highly scalable solution that could expand Candidate Registration dynamically to accommodate access by The Act requires candidates to thousands of users for short bursts of register with ENS when they receive time throughout the year. Because of the a contribution, a transfer, or incur wide range of users’ backgrounds and an expense. The Act also requires experience, the solution needed to be annual reporting for these registered simple and intuitive; delivering content candidates. In 2012, five candidates in short bites and enable participants were registered with ENS and reported to consume content at their own pace financial activity in March 2013. By the when it was most convenient. time the writ was issued on September A video-based program was designed 7, 2013, 131 candidates had registered. that delivers the training content in Once a writ is issued, all registered short, digestible pieces. The videos candidates must also complete the were from less than one minute to nomination process. Candidates who five minutes long and focused on hadn’t registered in advance were one or two topics. The videos were deemed to be registered when their organized by election officer position. nomination was accepted. The training was conducted by returning officers and supplemented with quick Official Agent Training reference guides. Election officers were Seminars encouraged to access the LMS videos as ENS recognizes that the Act imposes a often as they wished through the ENS strict and thorough reporting regime on website, before and after training. candidates’ official agents, an important position that should be filled by a Election Management qualified volunteer with an accounting System background. The key words here are Since 2009, ENS has developed a “qualified” and “volunteer” because modern election management system the requirements to file are onerous. In (EMS) that uses the Internet to provide recognition of this, ENS offered official secure access to a centralized database agents ongoing support in a number of of Nova Scotia registered electors. It ways. enabled ENS to provide electors with In cooperation with the official agents new voting opportunities and to vote of the four registered political parties, outside their electoral district at any ENS developed a comprehensive official returning office in the province or at agent manual that covered all aspects university and college campuses, while of the job to be performed. Each official maintaining the integrity of the vote.

10 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change agent received a copy of this manual upon registration or nomination of their candidate. In late August, 2013, a series of 11 two-hour training sessions was offered across the province in Halifax, “ By the time the writ was issued Bridgewater, Yarmouth, Wolfville, on September 7, 2013, 131 Truro, Amherst, and Sydney. After the candidates had registered.” writ was issued on September 7, two additional training sessions were held in Halifax and sessions in Antigonish and Shelburne were scheduled. However, there weren’t sufficient registrants to warrant additional training sessions outside Halifax. In addition to the in-person training, a video that covered the highlights of the official agent duties was produced and posted on the ENS website.

11 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

12 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Event

Communications information about the major changes and voting opportunities and contact A new initiative of the 2013 Since 2009 and the subsequent by- “ Provincial General Election was information for the 51 returning offices elections, much has changed: the Act a flyer delivered to homes across and five satellite offices. was substantially re-written, policies, the province with information The flyer was followed with a four- procedures and processes were changed about the major changes and page advertisement in the Chronicle to reflect the new Act, and new voting voting opportunities. Herald that listed all candidates by ” opportunities were enabled. electoral district, alerted readers to the The communications goal for the VICs they were to receive in the mail, 2013 Provincial General Election was and provided key dates for hospital to inform electors of the new poll polls, campus polls and the advance procedures and election rules and the polls. key dates associated with new voting Other advertisements were used to opportunities. The general messages of deliver messages to specific audiences. the communications program were: For example, a full page Growing • There are a dozen ways to vote in Great Citizens ad was published in Nova Scotia the Chronicle Herald for parents and • There have been changes since the teachers of young children. Smaller last election ads featuring the Take your child to vote An important communications tool program appeared in daily newspapers. was the newly designed ENS website. A campus poster campaign, The site had clear messages, was email notices, an on-campus media easily navigated, included a number of advertising program and a modest accessibility features for the visually and radio campaign supported on-campus hearing impaired visitor, and had all the voting. The posters featured a quote by information an elector needed regarding Rick Mercer of The Rick Mercer Report, process, key dates, polling locations, reproduced with his permission. In and nominated candidates and where partnership with the Chronicle Herald, to vote. Videos were produced for the ENS had rotating advertisements on an website and election training resources Step 3: You can vote anytime after you receive the write- in ballot kit. Follow the instructions in your write-in ballot I’m serving time kit, placing the ballot and contents in the right envelopes. election specific mini-websiteRemember createdto sign the declaration on the envelope. for election officers, official agents Is my vote secret? in a correctional Yes, the write-in ballot uses a special system of envelopes and managed by the newspaper.designed to protect Thethe secrecy of your vote. centre. Am I Do I vote for a candidate or a party? and candidates were available for You can vote for either a candidate or a party. You will receive a blank ballot in your write-in ballot kit. Mark the ballot by printing eligible to vote? rotating ad alerted readers toin thetimely space indicated either beside the name of Don’ta candidate or a registered political party, or both. • Include the transportation Voting cost of ainformation candidate as an for incarcerated electors downloading on demand. On election election expense (reimbursable) Quick reference After you have voted, you can return your ballot by• Include mail or personalhave grooming, child care or salary replacement topics such as third party advertising,your correctional facility liaison officer return your costsballot asto anyour election expense electoral district’s returning office to be counted • atInclude the close personal of expenses of your candidate in excess of $1,000 guide for polls (8:00 pm) on election day. You are responsible• Allow for gettingthe EDA to incur election expenses night, the results were provided in the write-in ballot in on time. No ballots received• after Record polls as close election expenses any costs incurred after voting by mail deadlines, Canadianwill be counted. election day Official Agent Voting Unless you will be observing at the polling location where your Note that the provisions of the Elections Act and any other real time as they were entered into the name is on theof List of Electors,a youCandidate should consider voting in The role of a legislation prevail over the information set out in the brochure. advance at one of the many voting opportunities offered before Armed Forces voting, voting by persons election day. Or,• youTax canreceipts ask the •Returning Contributions Officer in • advanceElection Expenses Forms referred to in the brochure: for a Transfer Certificate, Form 522, to vote at one of the polling Form 303 Candidate’s locations where you are acting as an agent on election day. election management system. Candidate Nomination

Form 1 Agent Application of Registered with disabilities, etc., with click-through Important Information Candidate ______General information for agents appointed to Statutory ads, those prescribed by Form 2 series Candidates Financial Campaign Office Phone represent a candidate at various stages in the Statements ______election process. links to fully descriptive material on the Party Office Phone 7037 Mumford Road, Suite 6 ______PO Box 2246 the Act, were delivered through daily Electoral District Name Halifax, Nova Scotia ______ENS website. B3J 3C8 Returning Officer Name ______(902) 424-8584 (HRM) Returning Office Phone and community newspapers. The ads 1-800-565-1504 (Toll free in Nova Scotia) ______(902) 424-7475 (TTY) Elections Nova Scotia Phone 1-800-565-1504 ENS used a Facebook page1-866-774- and 7074 (TTY Toll Free) (902) 424-6622 (Fax) Advance Poll Voting Hours 10:00 am to 8:00 pm Election Day Voting Hours 8:00 am to 8:00 pm were useful reminders of deadlines [email protected] 31-03-13 Local Police Phone Number 911 7037 Mumford Road, Suite 6 Ambulance Phone Number 911 Facebook advertising to introduceENS brochure INMATES copy.indd 1 the 13/03/13 9:43 AM PO Box 2246 Fire Department Phone 911 Halifax, Nova Scotia and significant dates on the election B3J 3C8 many ways to vote, key dates during the(902) 424-8584 (HRM) 1-800-565-1504 (Toll free in Nova Scotia) calendar. (902) 424-7475 (TTY) 1-866-774- 7074 (TTY Toll Free) (902) 424-6622 (Fax) Resources This guide has been prepared to provide some quick tips and election period and links to in-depth 31-03-13 [email protected] • www.electionsnovascotia.cahighlight important aspects of the Election Act for the official agent. • Look for your returning office information in your local A new initiative of the 2013 Provincial newspaper, on the Voter Information Card you received in the ENS brochure OFF AGENT.indd 1 mail or at the Election Nova Scotia website after an election has 13/03/13 9:44 AM information on the new website. Daily been called. See the Electoral District Finder on our website for more information. • 902-424-8584 (HRM) General Election was a flyer delivered • 902- 424-7475 (TTY) • 1-800-565-1504 (toll-free line anywhere in Canada) features paralleling the election calendar • 1-866-774-7074 (toll-free TTY line) to homes across the province with • 902-424-6622 (Fax) 20-05-13

Candidates Agent REV.indd 1 23/05/13 2:02 PM

13 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change were posted. During the election period, In total, 22,734 votes were cast from the ENS Facebook page received more 196 schools, representing all 51 electoral EDUCATOR FEEDBACK than 11,000 visits. districts. The results were posted on ENS used Twitter to send timely line and shared with the media under messages based on the election embargo until the close of polls on calendar and to monitor Twitter feed election day. for opportunities and problems as they To evaluate the outcomes, CIVIX 97% arose. administered surveys with participating AGREE A family of nine brochures was students and teachers. The results of created for the election and distributed both surveys indicate strong satisfaction 96% through the returning offices. Each was with the project. One hundred percent AGREE available for downloading from the ENS of the teachers who participated in the website. Braille and large-print versions Student Vote would do so again. were available through the returning offices. Democracy Week – In addition, the ENS website was September 16-23, 2013 updated regularly with information Youth turnout at elections has been regarding registered candidates pre- declining since 1970 when the voting writ, and nominated candidates during age was lowered from 21 years to 18, a the writ period. All financial forms and trend that has driven down the overall handbooks were also available on the turnout rate. Key factors that explain the website. absence of young citizens at the polls are low levels of political knowledge and Student Vote interest, and a weaker sense that voting The Student Vote program of CIVIX is a civic duty compared to older age is a parallel election for students groups. under the voting age, coinciding with Nova Scotia’s Chief Electoral Officer STUDENT FEEDBACK official election events. The program was invited by Elections Canada to It is a civic duty for combines in-class learning, family participate in a Democracy Week 69% dialogue, materials and an authentic event held at Dalhousie University AGREE vote featuring the local candidates. on September 18, 2013 – just a week The purpose is to provide students before a campus poll was to be held in When you turn 69% with the opportunity to experience the same building. The Chief Electoral YES the democratic process first hand Officer discussed youth engagement and practice the habits of informed together with other panelists and citizenship. outlined some of the initiatives and ENS partnered with the Democracy programs supported by ENS under its 250 Youth Engagement Legacy Trust to education and information mandate: the sponsor CIVIX to deliver the Student web-based Growing Great Citizens, an Vote parallel election in Nova Scotia online election game Run-Vote-Win, and schools during the 39th Provincial the sponsorship of the Student Vote. General Election. In total, 233 schools registered for the Student Vote, Public call-centre representing every electoral district and A call centre was established to answer Nova Scotia’s Chief Electoral Officer was school board in the province. questions from the public starting invited by Elections Canada to participate in The 2013 Nova Scotia Student Vote on Monday, September 9, 2013. Call a Democracy Week event held at Dalhousie was the sixth and most successful centre agents were trained to answer University on September 18, 2013 – just a parallel election in the province to date. anticipated questions and to escalate week before a campus poll was held in the same building.

14 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change calls to subject matter experts at ENS to Lastly, returning officers and ENS staff answer questions for which they were continually reinforced with candidates, not trained. their official agents and party executives In 2009, the public call centre the benefits of completing the received 11,606 calls during the election nomination process well in advance of Candidate Nominations period. During the 2013 Provincial the cut off of September 24, 2013, at General Election, 12,317 calls were 2 pm. The Nova Scotia Liberal Party 51 received. The majority of calls were Of the 176 candidates who The Progressive Conservative in relation to poll location, returning participated in the election, 105 or 60% Association of Nova Scotia 51 office location, employment, questions successfully completed the nomination The Nova Scotia about VICs and complaints about process in the first week after the writ New Democratic Party 51 election signage. Call centre agents used was issued; another 61 were successfully Green Party of Nova Scotia 16 the ENS website to provide poll and nominated in the second week. Only Independent Candidates 7 returning office location information 10 completed the nomination process Total 176 based on the address of the callers. in the last three days before the close of nominations including only one Official Agent Help Line candidate who was nominated on the Following the writ, a call centre was day of the close of nominations. established exclusively for the official agents of parties and candidates, and Third Party Registrations was staffed Monday-Saturday from A third party is an individual or group 9 am to 5 pm. The help line received 355 that is not a candidate, registered calls from September 9 to November 8, political party, or registered electoral 2013. Other calls were made directly district association. Election advertising to the ENS staff and an e-mail address is a message that promotes or opposes established for official agents received a registered political party, the election more than 200 queries. of a certain candidate, or a candidate’s position on an issue. As an example, an Candidate Nominations advertisement that takes a position on In the past, the timely and successful a certain political issue, such as taxes or completion of the nomination process support a level of a given government had been a stressful challenge for service such as health services is both candidates and returning considered election advertising. officers. To reduce the level of stress The 2013 election was the first time and the potential for failure to meet that third party advertisers were required the deadline for nomination, ENS to register with ENS. The requirement made several adjustments. First, the is triggered when a third party spends nomination process and forms were $500 on election advertising. The updated to make the process easier registration is valid only during the to complete and less complicated election period, which is from the time to follow. Second, a video on how to of the writ until election day. complete nominations was posted Despite an ENS media campaign in on the ENS website for candidates advance of and after the writ was issued, and official agents to refer to at their many special interest groups were convenience. Third, an introduction to unaware of their requirement to register the nomination process was a main as a third party. None of the eight third feature of the training sessions ENS offered to all candidate official agents.

15 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change parties that registered with ENS during to nominated candidates and registered the election did so before being alerted parties. A total of 710,716 registered to the requirement by ENS staff. electors were included in this list. Revised List of Electors: This list of Voter Information Card (VIC) electors was prepared on the fifth A VIC is a mail-out sent to all registered day before election day for use at the voters to confirm that they are on the advance polls. It included all revisions List of Electors. It also is used to inform to electors’ information, addition of them of voting opportunities and newly registered electors, and removal pertinent election day information. The of electors who were identified as card is in postcard format, printed on deceased, moved out of the province or card stock, with the name and address to an unknown address. These revisions of the elector on one side and the resulted in a net decrease of 2,748 election information, including where electors on the list as of that date and they may vote, on the other. noted all electors who had already voted VICs were prepared and placed in the in all previous voting opportunities. mail stream ten days after the writ of The Revised List of Electors for each election. VICs were sent to all registered electoral district was made available electors in each electoral district. For the by returning officers to nominated 2013 election, the VIC was redesigned candidates and provided to registered to present the voting information parties. The Revised List of Electors and instructions to the elector in the included 707,968 electors at the start of simplest and clearest manner. VICs that the advance poll. could not be delivered were returned by Official List of Electors: This list of Canada Post Corporation (CPC) to the electors was prepared on the second returning office where staff took steps to day before election day for use at get in touch with the elector to complete the election day polls. It included all the delivery. additions and revisions completed during the advance polls which resulted List of Electors Step 6. in a net increaseNotes of 1,391 electors on Return your write-in ballot to the Returning Office shown on the ______How to An extract of the Register of Electors,return envelope before 8:00 pm onthe election day.list Your ofballot willelectors. It also noted those not count if it arrives after that time. If you are mailing your ballot, ______make sure that you have adequate postage on the envelope. including current Nova Scotia electors electors who had______voted at the advance complete your as of September 8, 2013, was preparedRemember, it is your responsibilitypolls as well to as those______who had voted by write-in ballot get your write-in ballot to the Returning ______and uploaded to the EMS for useOffice by by 8:00 pm onwrite-in election day. ballot and______at continuous polls. for Nova Scotian staff in returning offices for the 39th The Official List______of Electors included ______elections Provincial General Election. There are 709,359 electors at the start of the ______four legislated versions of the list of election day. The______Official List of Electors electors prepared during an election. of each electoral______district was made ______Preliminary List of Electors: The start- available by the returning officers to ______up list of electors was revised with data nominated candidates,______and to registered of electors enumerated at residential parties. ______facilities and, within 10 days of the Final List of Electors: This list of issuance of the writ, the Preliminary electors was prepared by December Resources List of Electors was prepared for 5, 2013 and includes• www.electionsnovascotia.ca all updates from • Look for your returning office information in your local newspaper, on the Voter Information Card you received in the each electoral district, in digital and election day, i.e., mailit orflags at the Election electorsNova Scotia website afterwho an election has been called. See the Electoral District Finder for more hardcopy formats, and made available voted on election information. day and includes • 902-424-8584 (HRM) • 902- 424-7475 (TTY) voters who registered• 1-800-565-1504 or (toll-free updated line anywhere in Canada) their • 1-866-774-7074 (toll-free TTY line) voter registration• 902-424-6622 on election (Fax) day. 11,053 31-03-13

ENS Write-in 3 panel.indd 2 13/03/13 1:53 PM

16 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change electors were added to the Official List Voting by Members of the of Electors at election day polls. The Canadian Armed Forces, Final List of Electors is made available to Incarcerated Electors and Out-of- registered parties. Province Nova Scotians Voting Opportunities Qualified Nova Scotia electors, who ENS hired 6,539 temporary are unable to attend a regular poll, “ workers to help administer the Voting by Write-in Ballot may vote by write-in ballot. Although electoral processes at more than the time lines for voting are tight, The write-in-ballot process provides 2,000 polling stations. plans were in place to assist voters in ” a secure method for electors to vote meeting all relevant deadlines. Among in advance of nomination day, as well the electors who may take advantage as those who are away from home or of this opportunity are Nova Scotians voting from home or hospital. vacationing out of province, military The elector using the write-in ballot personnel stationed out of province has the option to write either the name and those incarcerated in a correctional of the candidate for whom they are facility. voting or the name of the party they wish Immediately after the call of the to support in the election or both. The Provincial General Election, ENS name of the party option is especially contacted the Judge Advocate General’s useful where the party’s candidate has office, which sent a message to all units yet to be officially nominated. of the Canadian Armed Forces to inform The write-in ballot is placed in a them of the election, the eligibility security envelope which is not opened requirements for voting, and the until the polls close on election day process for applying to vote by write-in night. This security envelope is placed ballot. Information packages were sent in a second envelope on which the to provincial and federal correctional elector’s electoral district is printed facilities in the Maritime region and to ensure that the elector’s ballot is distributed by liaison officers appointed received by the appropriate electoral by the superintendent of each facility. district. The elector must sign this The role of the liaison officer is critical second envelope. It must be delivered in verifying the identity of the elector to the returning office before the close and in completing the application and of polls on election day where the voting process in time. During the 2013 elector’s signature on the envelope Provincial General Election, a “lock- will be compared to their signature on down” at a correctional facility presented the application form before it can be additional challenges that were met with counted on election day night. Once the the cooperation of the liaison officer and signatures are authenticated, the outer the local returning office. envelope is removed and the unmarked The traditional write-in ballot process ballot envelope containing the elector’s requires qualified electors to request to ballot is mixed in with all other ballot vote by mail. A write-in ballot application envelopes to ensure anonymity before is sent to them for completion and is being counted. sent back to the returning office for approval and distribution of a write-in ballot kit to enable absentee electors to vote. It is a legislative requirement that provision of acceptable identification is included with a write-in ballot. Absentee

17 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change electors are able to vote for either the Each seniors residence, group home, candidate or party of their choice. shelter and small long-term care facility Completed ballots are packaged in an with less than 10 electors resident was envelope system to ensure privacy, sent contacted by the returning office staff to to the returning office and counted with be advised of this service offer. In-home voting other write-in ballots on election day The visiting WIB teams were able Bruce Gurnham’s cancer made it difficult for night. to complete and approve the elector’s him to get out of his chair and he couldn’t application to vote and provide them think of making the trip to a polling station Hospital Voting with a write-in ballot with a single visit to vote. His wife, Nancy, was his care-giver The Act enables electors to apply for to their residence. Any qualified elector in their home in Annapolis Royal so she too faced difficulties in casting a ballot. and receive a write-in ballot while voting in the presence of a WIB team hospitalized. In districts with hospitals, The Gurnhams had voted in every election was able to vote by write-in-ballot, throughout their married lives and they did write-in ballot teams (WIB) received even if they were not resident in that not want to miss this one. When Elections special training to assist any qualified particular electoral district. Out-of Nova Scotia explained that they could vote elector to vote whether or not they district ballots were delivered to the in their own home, they welcomed the resided in the electoral district in appropriate returning office for counting opportunity. A write-in ballot team visited the which the hospital was located. The on election day night. opportunity was also offered to hospital Gurnhams, explained the procedure, and in 10 minutes they were in and out. Said Nancy, staff and those who were visiting Campus Voting “My husband and I both voted, and we were patients. A perennial criticism from young thrilled, absolutely thrilled.” All hospitals with more than 50 beds electors has been that elections held Bruce Gurnham passed away on were visited by a WIB team for one to during the university year require October 12, 2014. three days the week before election day. students to vote at a polling location In hospitals with fewer than 50 beds, near where they live while they spend hospitalized electors were invited to call most of their time on campus. This the returning office to request a visit by inconvenience has been raised in federal the WIB team. and provincial elections since the voting At the end of each day of the hospital age was reduced to 18 years. vote, the WIB teams delivered the ENS began initial investigations and write-in ballots to the returning office planning for an on-campus vote starting responsible for processing. Electors in 2012 to prepare for the possibility were struck off the list as voted, records that the next provincial general election were consolidated, and documented could be held during the school year. and out-of-district ballots were prepared Following the 2011 federal election, for delivery to the appropriate electoral Mark Coffin, at the time executive district. director of the Alliance of Nova Scotia The new procedure was welcomed by Student Associations, prepared a report hospitalized electors, their families and on the federal election detailing the hospital staff. challenges that had to be overcome to remove barriers for student electors. In-home Voting ENS met with Mr. Coffin and consulted Electors unable to leave their home to with representatives of the Canadian vote during the election were able to Federation of Students and Students vote using the write-in ballot process. Nova Scotia as well as returning officers They contacted their returning office with university and college campuses and were scheduled for a visit by a WIB within their districts. team. The Chief Electoral Officer appointed Lars Goodman, who had trained as a returning officer, as campus vote

18 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change coordinator. Together with Mark Coffin, of electors had their VIC with them. he communicated with students and Once the elector’s name and address administrators at each university and are located on the list of electors, they campus of the Nova Scotia Community are struck off to prevent duplicate College. They promoted the ENS vision voting. If the elector’s information on for serving qualified electors on campus, the list was incorrect, the poll clerk explained elector eligibility, planned made appropriate revisions. A Polling enumeration and voter registration on Day Card similar in appearance to a campus and prepared contingency plans VIC and with the elector’s identification for a possible vote on campus. information was issued. A model of a campus poll was If the elector’s name was not on the developed and tested, refined and tested list of electors, the elector was asked to again. A communications plan was provide identification with the elector’s devised that used on campus media, name and address or was required signage, and radio advertising and social to sign a declaration attesting to the When Esther Chute was born in 1913, media alerts. information and was then added to women were not eligible to vote, not Once the election was called, a the list of electors. As they would not considered “persons” under the law, schedule of on-campus polls using have received a VIC, a Polling Day Card and weren’t expected to be employed seven teams of election officers at 13 similar in appearance to a VIC and with outside the home. For the 2013 Provincial university and NSCC campuses was the elector’s identification information, General Election, Esther Chute served as put into effect. The returning officers was issued. Information Officer at the South Berwick Community Hall in the Electoral District involved hired 26 election officers, most The elector was then directed to of Kings West. of whom were student-aged. the specific DRO at the polling station Returning Officer Karl West responsible for the polling division in Advance Voting and commented: “We have an election day which their civic address was located to worker who is 100 years old. She is as Election Day Voting present their VIC or Polling Day Card in sharp as a tack and a lovely person.” Poll processes and procedures are exchange for a ballot. identical for advance and election day The DRO checked the VIC presented voting. However, advance polls are open for the correct polling division number from 10 am to 8 pm on the Friday and Percentage of Votes Cast and the poll clerk’s initials, and issued a by Voting Opportunity 2013 Saturday preceding election day while ballot to the elector to vote. Registered Electors 720,077 election day polls are open from 8 am to In a polling location with more than Electors Voted 419,091 8 pm on election day. Ballots from both two polling stations, this new procedure polls are counted after the polls close on allowed electors to go to any poll clerk, Election Day Polls 74.4% election day. rather than only one designated solely Mobile Polls 1.2% New poll procedures were developed for their polling station. It expedited the Advance Polls 12.4% and introduced for the 2013 general voting process. Continuous Poll 9.6% election. The poll clerk and deputy A Voter Tracking Sheet, colloquially Write-in Ballot 2.4% returning officer (DRO) were seated called a “bingo card,” was introduced at separate tables which helped at the polling locations at the advance delineate each position’s roles and polling locations and on election day. responsibilities. As each elector voted, a line was drawn On arrival at the polling location, through the elector’s unique identifying electors were directed to a poll clerk who number from the list of electors. This asked whether the elector had brought sheet was provided to all candidates or their VIC. This card, sent to every candidates’ agents on an hourly basis to elector on the list of electors, speeds identify those electors who had voted. the process of verifying or correcting elector information. By far the majority

19 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Exit Survey Election Night Results ENS worked with a Nova Scotia web When the election day polls closed at 8 application developer to design a pm, the election management system smartphone survey to gather immediate was ready to receive the vote count. The comments from voters as they left staff at each returning office received Please tell us the polls. The test targeted voters at calls from each voting location in their how we did today. Thank you for coming to the polls and voting Please take part in our exit survey: three polls in each of the 51 electoral district and entered the votes received today. We want to hear from Nova Scotia • Use your smartphone and TEXT 01005 to voters. Please take a moment to complete 75309; or a short, 3 question survey that will help us • SCAN the QR-Code below. districts. Using their cellphones to for each of the candidates. Immediately, improve your voting experience. either scan a quick response code the totaled results were displayed in

(QR code) or text message assigned each returning office and, under ENS For more information call toll free 1-800-565-1504 All information collected will remain anonymous and will be for the sole use of Elections Nova Scotia. Your name numbers representing the specific polls, head office supervision, were directly and number will not be shared or sold. voters were asked three questions. The published to the election night results questions gauged the ease of voting, the feature on the ENS website. The data Campus Poll Card.indd 1 01/10/13 10:14 AM convenience of the poll locations, and were simultaneously provided to the the level of satisfaction with the election media consortium to broadcast to the staff. media partners who were members of The 1,200 responses received from the consortium. the participants in the trial were very Election night results were accessed positive: 93% reported that casting their by thousands of Nova Scotians who vote was easy; 97% said that their poll witnessed the election outcomes in was conveniently located and more than real time, by electoral district and as a 95% of respondents were very satisfied provincial total. Once the vote count with the election staff they encountered. was done for all districts, the website published the completed preliminary results and the names of the successful candidates.

20 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Post-Event

Kings North Judicial Recount brought by counsel to Justice Wood who heard the arguments for and against On Friday, October 11, 2013, New counting the ballot and made a decision Democratic Party candidate for Kings on its validity. A relatively small number North, Jim Morton, petitioned Justice of ballots cast were considered by Gregory Warner of the Nova Scotia Justice Wood. Four of the 803 (0.5% of Supreme Court for a judicial recount the ballots cast) write-in ballots cast in following the 2013 Provincial General the write-in ballot and the continuous Election. Justice Warner ordered the polls were reconsidered. Of the 8,169 recount to be held on October 21, 2013 “regular” ballots cast in 44 election day in the Law Courts in Kentville. polls and four advance polls, two ballots Justice Warner recused himself or 0.025% of the ballots cast were because he had voted in the general reconsidered. election in the District of Kings North The largest change in the recount which may have been perceived as a resulted from the review of the conflict of interest. Justice Michael continuous poll. It was found in the Wood presided over the proceedings. review that there was an addition error Each of the 8,972 ballots cast was when totalling the ballots cast for Jim reviewed one at a time at one of the five Morton. This error led to 11 additional tables of election officers engaged in the ballots counted for the candidate. recount. If there was a disagreement The recount confirmed John A. Lohr over the decision to count or not to elected by 21 votes, a reduction of 11 count a ballot among the candidates’ from the official count. observers stationed at the table, the The following table provides details ballot was next reviewed by legal counsel on the adjustments made by Justice representing each candidate. If there Wood: was still no consensus, the ballot was

Candidate Party Official votes Recount votes Harley, M GPNS 362 362 Lohr, J PC 2904 2903 Morton, J NSNDP 2872 2882 Pearl, S NSLP 2784 2787 Rejected ballots 50 48

21 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

A short version of the Report on the 2014. It provides financial information Kings North Recount can be found in on election expenses, candidate the appendices to this report. The full reimbursement, election administration report is available on the Elections Nova costs and financial statistics and may Scotia website. elaborate on Chief Electoral Officer recommendations for improvements in “ Elections Nova Scotia decided Financial Reporting and the electoral finance regime. on a different approach: Disclosure inviting election experts from across Canada to formally The deadline for financial reporting Election Audits – audit the election and report by the candidate’s official agents was Measuring the Integrity and Effectiveness of New on the successes, as well as to January 6, 2014. Candidates who were provide feedback on which new unable to meet this deadline were Systems and Processes procedures could be improved. permitted to request an extension of There were four separate audits or ” up to 30 days. More than 50 candidates reviews carried out with respect to requested and were granted extensions. the 2013 general election. The first The disclosure of contributions received was a real-time audit of processes by the candidate was due at the time and procedures in the field carried of the financial report submission. The out by independent election experts. preliminary reports of candidate election The second was a review looking into expenses were published on the ENS the success or failure to meet student website within 10 days of receipt. The expectations at the polls offered on disclosure report was published in two university and college campuses phases: one in early February, and the throughout the province. The third second, for the candidates granted was a compliance audit reviewing extensions, as they were submitted. whether various voting documents were These were published by individual, by recorded correctly and completely. The party on the website. fourth audit looked exclusively at the Several issues with the candidate’s allegations of voter fraud during the reports were noted through the audit election. process. The most significant of these was the issuing of tax receipts outside Independent Election Audit the permitted period. The official agent The 2013 Provincial General Election was may issue tax receipts for contributions the first test of the amended Act, new received from the date the nomination electoral processes, new boundaries, paper was accepted by the returning and new returning officers. The Chief officer until election day. The rules Electoral Officer chose to commission around tax receipting are difficult to an independent and open review to enforce, and although ENS did not assess these new features. require the official agents to return the For many years, election contributions that were received outside management bodies in Canada have this short period, ENS will recommend invited colleagues in other jurisdictions changes to the Act to address the issue. to witness their general elections The Report of the Chief Electoral Officer first hand, particularly to gauge the on the Proceedings of the 39th Provincial implementation of new policies and General Election held October 8, 2013 procedures. is presented in three volumes. Volume ENS decided on a different approach: III, Financial Information & Statistics, inviting election experts from across will be published in the spring of Canada to formally audit the election

22 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change and report on the successes, as well • The concept of separating the roles as to provide feedback on which new and physical locations of poll clerks procedures could be improved. In and deputy returning officers at May 2013, ENS commissioned Harry voting locations; Neufeld, former Chief Electoral Officer • Operational efficiency gains of Elections British Columbia and associated with the new model The audit was designed to focus the author of the Compliance Review: of initial elector check-in with the “ on the processes used in voting, Final Report and Recommendations, A “next available poll clerk” at voting the training provided to election Review of Compliance with Election Day locations; day workers, and the processes Registration and Voting Process Rules • Use of the Learning Management around counting ballots and (Neufeld Report) on the problems in the System videos during training, and results tabulation.” 2011 federal election, to design and plan their availability for election workers the audit. to review via ENS website links; In July, at a meeting of Canada’s Chief • Design of VICs and the success rate Electoral Officers, ENS presented the of electors presenting them when plan and requested the participation of checking-in to vote; senior election officers from across the • Streamlined voter processing country. As well, experienced election resulting from the use of the VICs officials from the Cape Breton Regional as a key control document in voting Municipality and the Halifax Regional administration; Municipality were invited to be part of • Use of fewer, but larger, voting the audit team. locations in dense urban areas; The audit was designed to focus • The innovative concept of providing on the processes used in voting, ‘How Did We Do’ cards with a QR- the training provided to election day code to permit immediate feedback workers, and the processes around from voters via their smart phones; counting ballots and results tabulation. • ‘Future Voter’ stickers for underage youth accompanying electors to Key Findings voting sites; The audit team found that overall the • Service orientation of election general election was a success. Among officials at all levels; the markers of success identified by the • Telephone support to returning team were: officers at ENS’s head office; and • The popularity of continuous voting • Computerized tabulation and ‘live’ in returning offices; on-line reporting of voting results on • Success of student participation at election night. campus voting; During the post-election debrief • Successful incorporation of session, members of the audit technology at continuous and team agreed on three broad areas campus polls; of improvement: simplification, • Real-time ‘strike-off’ of voters from supervision, and sustainability. Within the preliminary voters list during each of these areas, suggestions are continuous voting, which permitted aimed at improving the overall integrity a ‘vote anywhere’ model from shortly of the process by increasing compliance after the writs were issued until the with procedures and rules. start of advance voting, four days Election Officer Training before election day; • Inconsistent from one electoral district to another;

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• Not based on adult learning (thereby delaying results reporting); principles and involved virtually no and hands-on exercises; • Often delayed due to legal • Frequently over-dependent on use of requirements for witnesses to be video clips; present in the absence of candidates’ Campus poll • Not adequately oriented to someone agents. Percentage of with no previous election work Vote Results Tabulation estimated eligible experience; Total voted student electors University at campus poll who voted • Generally too long in duration to keep • Frequently lacked adequate quality 1. Acadia 211 8.4% participants’ engaged; and controls to ensure accuracy; 2. CBU 106 4.6% • Did not equip participants with the • Often performed in a physically chaotic atmosphere of election night 3. Dalhousie 539 5.1% basic knowledge they needed to be 4.King’s 207 24.4% ballot box returns. immediately effective in their roles. 5. Mount St. Vincent 186 6.2% It must be noted that none of the 6. Dal Ag 42 5.6% Voting general shortcomings listed above 7. NASCAD 94 11.8% • Some locations not suitable for were regarded, by any of the observing 8. St. F X 380 10.6% voting, or inadequate for the auditors, as involving “irregularities” in 9. St. Mary’s 254 6.2% numbers of electors assigned to vote establishing individuals’ entitlement to 10. Univ. Ste. Anne 55 22.0% at that location; vote, or in any way permitting ineligible Total 2074 7.2% • Involved a significant number persons to cast ballots. of election officers not following In addition, the audit includes NSCC Campuses required procedures and not being a number of recommendations for 1. Akerley 63 5.7% provided adequate supervision or legislative changes, many of which have 2. Annapolis Valley 26 16.2% oversight to address issues early in been incorporated in the Chief Electoral 3. IT 189 18.9% the process; Officer’s recommendations. 4. Kingstec 85 8.9% 5. Lunenburg 46 11.5% • Did not always facilitate secrecy of The full audit report is included 6. Marconi 38 3.6% ballot choices; as an appendix to this publication. A 7. Pictou 103 17.2% • Inconsistently staffed and organized; PowerPoint summary of the audits 8. Strait Area 118 23.6% and findings, narrated by the lead consultant, 9. Truro 60 7.5% • Infrequently observed or attended Harry Neufeld can be found on the ENS 10. Waterfront 135 5.6% by volunteer agents (scrutineers) website. Total NSCC 863 9.7% appointed by candidates. Campus Poll Review Ballot Counting Total all campuses 2937 7.8% In his post-event survey and analysis, • Inconsistent procedures from consultant Mark Coffin reported that one location to another, and even “the general feeling towards the campus between ballot counting teams at the vote initiative was overwhelmingly same voting location; positive. Most interview participants • Often involved the counting of echoed their own original sentiments marked ballots before undertaking from the summer outreach meetings, the reconciliation of how many that it is important to make voting ballots should be legitimately accessible for students, especially available for counting; considering those who are doing it for • Not always well-controlled by election the first time.” officers or effectively supervised by location supervisors; Compliance Audit • Sometimes results were not called In light of the non-compliance in until all polls in a multiple poll problems identified in the 2011 federal location were finished their counts general election in Etobicoke Centre,

24 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change the Chief Electoral Officer of Canada on the list of electors, was found to be ordered a comprehensive review of incomplete 20% of the time. Further, adherence to policies and procedures the electors for whom Forms 416 were in the field. In the consultation report completed were found to not have been delivered, Compliance Review – A added to the register 20% of the time. Review of Compliance with Election As well, more than 5% of the declaration Day Registration and Voting Process forms used to attest to information Rules (also known as the Neufeld about electors were found to be Report), auditors focused on causes incomplete. and potential solutions to a systemic The auditors ascribed these problems problem of non-compliance with to inadequate training and retention administrative rules and procedures on which will be addressed over the course the part of temporary election officers of the next year. who work at polling stations that could As a result of the issues identified by affect the integrity of the election. compliance audit, ENS plans to: The Nova Scotia compliance audit • review the procedures used at the was designed for ENS by Mark Lawson, close of polls, i.e., the recording of Deputy Electoral Commissioner for the ballots cast and the accounting of New Zealand Elections. Mr. Lawson ballots was seconded to Elections Canada on • review and emphasize the training of assignment and was a key member of the procedures used at the close of the federal compliance review team. He polls was made available to ENS to provide • update the forms used to register the framework and guidance for the or update elector registration audit. information address The compliance audit focused on the – ensure that the identification following questions: used in the registration process is • Were the voting documents recorded recorded correctly and completely? – provide clearer indication in the • Were voters struck-off the list of mandatory fields of the voter electors correctly? registration forms. • Were the voter registration forms correctly completed for voters not Investigations of Allegations already on the list of electors? of Voter Fraud ENS employed a team of 14 election During the election and shortly officials to review a random sample of thereafter ENS became aware of election day polls, advance polls, mobile allegations of voter fraud. The polls, continuous polls, and write-in allegations came in two forms: that a ballot polls. The audit was conducted number of voters voted more than once, over three weeks and compiled for and that voters who were ineligible analysis. voted. ENS was informed by a few The compliance audit uncovered complaints, and as a component of significant gaps in correctly completing generating the Final List of Electors. and returning the Statement of Poll – As a result of these claims ENS the record of the vote tally. As well, Form retained two returning officers to 416, the Elector Information Form, used thoroughly investigate all allegations. to add an elector to the Register or to Leading the investigation were Krista correct information about an elector Daley, Returning Officer for Halifax

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Citadel-Sable Island and the former Other Lessons Learned chair of the Human Rights Commission After the Provincial General Election and Michael Baker, Returning Officer ENS staff met with key suppliers to for Hammonds Plains-Lucasville and review the activities, the services former investigator for the Canadian delivered, and the issues uncovered Security Intelligence Service (CSIS) and There was no supportable during the election. What follows is a “ the RCMP. evidence of voter fraud found in brief description of some of the issues One of the allegations was that the 39th Nova Scotia Provincial and ENS’ plans to improve the address three individuals who were not eligible General Election. the issues. ” electors voted in the Lunenburg electoral district. The investigation confirmed Canada Post Corporation (CPC) that one individual was not a Canadian ENS relies on CPC to manage the citizen and voted. The individual delivery of more than 700,000 Voter reported that he believed himself Information Cards to registered eligible and entered into a compliance electors. CPC is the only service provider agreement with the Chief Electoral that regularly visits each residential Officer. address in the province. ENS meets There were 75 electors identified with CPC prior to each election to for investigation who may have voted ensure the highest standards of more than once based on complaints delivery and to manage any potential received, through updating the register delivery problems. ENS and CPC also of electors to indicate which electors facilitate communications between voted in the 2013 general election, local returning offices and postmasters and through processing all elector to resolve local delivery issues. While registration forms. Each case was the service level is reasonably good thoroughly reviewed. The investigation and by far the majority of the VICs are confirmed that two electors, both over successfully delivered within the agreed 80 years-old, were allowed to vote a timeframe, the same problems have second time. In each case, the elector been noted from election to election insisted to election officials that they had with the same frequency. not previously voted even though the One issue relates to the quality of elector’s name was marked on the list the mailing addresses. There are a few of electors as voted. The Chief Electoral examples of addresses that do not Officer, on review of the findings, meet the CPC mailing standard that decided to not proceed further in these are delivered. This number is small two cases. compared to the number of VICs Each of the remaining 73 cases was that meet the standard and are not attributable to election official error, delivered. Often, through working with crossing-off the wrong name on the the local postmaster, a portion of these list of electors, or in error, marking cards are re-introduced to the mail the wrong name in the EMS elector stream and are successfully delivered. database. Others require readdressing to suit There was no supportable evidence the local postmaster’s specifications. of voter fraud found in the 39th Nova Troubleshooting the failure to deliver Scotia Provincial General Election. VICs is time consuming for returning office staff when time is at a premium. ENS will continue to work with CPC to identify and work through the issues.

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As a customer that meets CPC’s and plan for installing telephone and volume and mail preparation internet lines at the location. Depending requirements, ENS qualifies for on digitally available information about incentive lettermail discount pricing. the availability of such services in the With the recent increase in the stamp area is not enough. price for incentive lettermail delivery and Setting up the returning offices with “ Amour delivered a total of 168 anticipated increase(s) before the next telephone and internet lines took around skids to 56 locations throughout Provincial General Elections, ENS must five to six hours in some locations while the province within 48 hours rethink the current method of informing it could have been completed within of the issuance of the writs of electors of their options to vote. ENS two to three hours at most had the election.” projects that the cost of distributing installation been better planned. VICs will likely exceed $600,000 in 2017 ENS is not satisfied with the number ($385,000 in 2009; $464,000 in 2013.) of service technicians provided for the installations. Bell Aliant did not meet Public Call Centre the contracted service level to ensure ENS received one response to the returning offices were up and running request for proposals for a public call within the specified timeframe. ENS will centre for the general election. A call review the service agreement to hold the centre firm located in Ontario was supplier to a higher standard of service. awarded the contract. The standards of service imposed in the contract were Armour Transportation Systems routinely met or exceeded by the service Armour was responsible for all courier provider and the price per call was less and trucking services on behalf of ENS. than that paid for the 2009 general Armour was able to meet challenging election. These facts notwithstanding, deadlines in the number of deliveries there were complaints received from the and range of materials delivered. Amour general public that the 1-800 call centre delivered a total of 168 skids to 56 was not intimately aware of Nova Scotia locations throughout the province within geography. 48 hours of the issuance of the writs of ENS queried a select sample of call election. centre providers in the Maritimes with One area that was met with heroic respect to the lack of response from effort was the delivery of the out-of- local service providers to the request district write-in ballots. These ballots for proposals. Reasons provided ranged were collected in each of the 56 from “too busy” to “unable to meet the returning offices and satellite offices requirements”. and grouped into courier deliveries from each of the office to potentially each of Bell Aliant the other offices. In total, 5,894 ballots Bell Aliant provided many technical were transferred through 500 courier services including email support for shipments across the province. These returning offices; database contingency; had to be picked up on the day before phone and mobile phone services. In election day and delivered by the close general, ENS commends Bell Aliant of voting on election day. on the services provided; however the ENS was satisfied with the quality of following issues were identified. service provided by Armour throughout Physical assessment is required of all the event. potential returning offices prior to the As this was the first election where election event. Bell Aliant teams should out-of-district voting was allowed, ENS access all identified locations to assess believes that the use of this opportunity

27 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change is likely to grow. ENS must investigate the Chief Electoral Officer believes, on alternative methods to ensure that these reasonable grounds, has committed, is ballots are counted and included in the about to commit or is likely to commit, results on election night. an act or omission that could constitute an offence under the Act. Ballot Printing A compliance agreement is a “ During the 2013 Provincial In past elections, each returning officer voluntary agreement between the Chief General Election, ENS received was responsible for contracting ballot Electoral Officer and the person (the numerous complaints ranging printing in his electoral district. In review contracting party) in which they agree from unwanted signs placed on of this process in past elections ENS to terms and conditions that the Chief private property and denial of access to candidates and their determined that by centralizing ballot Electoral Officer considers necessary agents canvassing apartments printing, service improvements, cost to ensure compliance with the Act. A efficiencies and quality improvements and condominiums to third party compliance agreement may include a advertisers failing to register with could be realized. In June of 2012, ENS statement by the contracting party in began a process to contract regional ENS and allegations of ineligible which he or she admits responsibility persons votings. ballot printers who would be responsible for the act or omission that constitutes ” for the ballots in one of seven regions the offence. It is important to note that of six to nine electoral districts. This the admission of responsibility does open procurement process led ENS to not constitute a criminal conviction by contract with three regional printers and a Court of law and does not create a to verify their capabilities in meeting the criminal record for the contracting party. contractual obligations. In order to maintain transparency, When the writ was issued, ENS a notice that sets out the contracting was in the final review sample ballot party’s name, the act or omission books created by the printers. During in question and a summary of the the election it was found that there compliance agreement is made public. remained some quality issues in the In the months leading to the election, stapling and perforation of the ballots the Chief Electoral Officer met with printed. ENS’s analysis is that further senior members of the Royal Canadian work is required to improve the quality Mounted Police, the provincial police of ballot books. However, the move to service of Nova Scotia, to plan how the centralized printing of ballots was a RCMP would support investigations of success and ENS plans to work more breaches of the Act. Two RCMP officers closely with the printers and continue received training on ENS election the centralized printing approach. procedures and the nature of complaints Enforcement of the received by ENS. Elections Act During the 2013 Provincial General Election, ENS received numerous The Chief Electoral Officer is responsible complaints ranging from unwanted for ensuring that the Act is complied signs placed on private property and with and enforced. Prior to changes denial of access to candidates and their made to the Act in 2012, the only agents canvassing apartments and enforcement tool in the Act was condominiums to third party advertisers prosecution. The new Act has enhanced failing to register with ENS and the compliance role of the Chief allegations of ineligible persons voting. Electoral Officer. Most complaints were investigated The Chief Electoral Officer has by ENS staff and resolved with the been given authority to enter into a cooperation of candidates, their agents compliance agreement with anyone

28 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change and the registered parties. In a half dozen instances, the RCMP was asked to investigate probable breaches of the Act and to prepare for charges under the Act, if warranted. To this date, the Chief Electoral Officer has entered into compliance agreements with nine individuals or organizations. Two investigations are continuing.

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30 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Recommendations of the Chief Electoral Officer for Legislative Change Consultations with the Consultations with Perhaps the most important Election Commission the Caucuses of the “ recommendation in terms of Most readers of this report would be Registered Parties the effect its introduction would unaware of the important role the It is the responsibility of members have on election operations is the Election Commission plays in electoral of the Election Commission to brief institution of fixed date provincial reform in this province. Many of the their respective caucuses on their general elections.” innovative changes that were introduced discussions of electoral process reform in this past general election benefitted held in meetings with ENS. It is our directly from the cooperative and understanding that Elections Nova collaborative input of the commission Scotia has not directly interacted with members. the members of the registered parties’ The consultation between the Chief caucuses in recent years. Because Electoral Officer and the Commission this report contains a large number of to review and modernize the provisions administrative changes that would have of the Act is ongoing. While many of a significant impact on how provincial the recommendations advanced in this elections are administered in Nova report have been discussed with the Scotia, the Chief Electoral Officer is Election Commission, some before and prepared to have ENS senior staff meet others since the most recent election, with and respond to questions raised each recommendation will be discussed by caucus members at the request in detail with the members. The more of and accompanied by an Election complex issues with less obvious paths Commission member. to resolution will be subject to broad consultation and deliberation with the Fixed Date Elections Commission and others before being Perhaps the most important brought forward for the legislators’ recommendation in terms of the effect consideration. its introduction would have on election While the advice we receive from the operations is the institution of fixed date Election Commission is valued, it should provincial general elections. Nova Scotia be clearly understood that deliberations is the only province that hasn’t enacted with the members are intended to fixed date election legislation. As well, provide guidance to the Chief Electoral the Government of Canada and two of Officer. The recommendations the three territories also have fixed date contained in this or any report should elections. not be taken as having the endorsement The benefits to event preparation and of all members of the Commission management are evident. Associated unless specifically mentioned that with these operational advantages consensus has been reached. is cost savings in procurement of supplies and services, the leasing of offices and polling locations and, most significantly, in training. Training is typically scheduled every 6 months after the first year in a minority government scenario and after 3 years in a majority

31 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change government scenario. The cost of makes the possibility of coordinating refresher training for election workers election day with a planned professional would be approximately $280,000 per development day in the school system occasion based on the 2013 experience. more difficult. Other savings could be realized for The Chief Electoral Officer rental of space; communications set up, recommends the establishment of and prearranged transportation services. fixed date elections. It is estimated that a fixed election date could save up to $500,000. Concurrent with the financial benefit Recommendations derived from knowing when field staff for Candidates, EDAs will be trained (without the requirement and Parties to re-train) is an improvement in quality of staff performance and risk Candidate Nominations Earlier management in field operations. Dependent on the introduction of fixed- Many other improvements in date elections, the certainty of election operations discussed in this report are day allows candidates to be nominated tied to fixed date elections. Among these earlier and to use the complete election are: the potential for ENS to coordinate period for campaigning. with the Department of Education and The number of electors choosing to school boards to schedule an existing use one of the new voting opportunities teacher professional development day has grown significantly and will continue across the province to coincide with to grow as more electors understand the election day which would facilitate the choices available to them. This in turn use of schools as polling locations. will change how candidates campaign. This in turn, improves the physical An early nomination date will permit accessibility of polls, the efficiency of ENS to offer electors a ballot with the multiple polling locations, the addition names of the candidates in their home of parking at polling locations, the easy district on demand at any returning identification and visibility of polling office in the province. This should locations in communities, etc. As well, eliminate the mistakes made by electors fixed date elections on a professional using write-in ballots and reduce the development day may increase the number of ballots rejected at the count number of 17 and18 years old available to those electors who wanted to spoil as election workers. their ballots. In Canada, there are two models In the event that a government does for fixed date elections. The first, used not reach full term to the date fixed for by all but one provincial jurisdiction in a provincial general election or in the Canada, has an established fixed date case of a by-election, the Chief Electoral and a four-year term. The second model, Officer recommends that the close in place in Alberta, sets an approximate of nominations be set to the fifth day four-year term with an election to be after the issuance of the writ of election held between March 1 and May 31 in to provide the parties with additional the fourth year of the government’s time to complete their nomination mandate on a date determined by the processes. Electors choosing to vote government. While there are savings before nominations close would use the and a degree of predictability to be traditional write-in ballot as is currently found in both alternatives, the second the case.

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The Chief Electoral Officer Were the threshold removed, the total recommends moving the close of cost of reimbursement, currently nominations to coincide with the estimated to be $2,300,000 would have issuance of the writ of election for increased by an additional $165,000 in fixed date provincial general elections. 2013. This likely underestimates the additional cost of reimbursement for Return of Candidate Deposits future elections because candidates who will not meet the 10% threshold The Act currently reimburses will likely spend more money knowing nomination fees only to the candidates the first $20,000 spent will be eligible who receive no less than 10% of for reimbursement. The additional cost the vote in their electoral district notwithstanding, it is believed that in the belief that it deters frivolous removing this restriction would advance candidatures. In fact, in 2013 Provincial the goal of leveling the playing field and General Election, 26 candidates (seven encourage greater participation in the NSNDP, three PC candidates, and 16 democratic process. Green Party candidates) representing registered political parties failed to meet The Chief Electoral Officer the 10% threshold. recommends removing the 10% vote threshold, authorising all candidates The Chief Electoral Officer to receive reimbursement for election recommends that nomination expenses. deposits of $200 per candidate be fully refundable to all candidates Allow Candidate Remuneration upon completion of the financial from Employers submission by the official agent. Under the current Act (s. 236(7)), Candidate Eligibility for candidates are not permitted to receive Expense Rebate remuneration from an employer. This has been raised as an issue since the In the 2013 election, of the 176 MLAs running in an election receive candidates who ran, 143 were eligible payment and benefits up to the last for reimbursement. Of the 33 who did day of the month in which election not receive 10% of the votes, many day falls. A step toward levelling the spent nothing. A total of 26 candidates playing field would allow an individual representing registered political parties with a minimum 6 months fulltime failed to meet the 10% threshold. employment with an employer to Currently, the Act permits a candidate receive a paid leave of absence to be to request a chief electoral officer a nomination contestant or candidate recount of all the ballots cast in the at the same rate of pay during the electoral district for the sole purpose writ period. The continuation of salary of determining whether a candidate and benefits would not be deemed a received the required percentage of contribution of the employer. Other the valid votes cast in an election to be workers on the campaign would not entitled to reimbursement of election be permitted to receive payments from expenses. In this past election, a employers as they would be ineligible candidate did request and was granted contributors. this form of recount. The recount confirmed that the candidate did not meet the 10% threshold.

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The Chief Electoral Officer registered candidate. These lists are an recommends that candidates may average of 500 pages in length. Printing continue to receive employment the lists required valuable resources remuneration which would not be at times of high stress in each of the regarded as a contribution by the returning offices. Returning officers employer. also provide the candidates with digital “ “Authorized by the official agent copies of the list at the same time. The for.…” By far the majority of majority of these printed copies were complaints received from the The Use of Communication general public, candidates and Devices in the Polls not picked up or used by the candidates’ representatives. This current practice their campaigns are that the The use of communication devices in campaign signs do not include wastes time, money and resources. the polls was totally banned because this phrase. they were disruptive to the voting The Chief Electoral Officer ” process. The ban was rescinded recommends that lists of electors be for designated election officers to made available to candidates in digital facilitate communication with the format and only be made available in returning office. This practical change printed form by request in advance of was introduced to avoid having the legislated release dates. poll officials guessing at answers to difficult questions or delay in reporting Amend Election exceptional circumstances that require Advertising Rules the immediate attention of the returning Under the general heading of election officer. Allowing candidate agents to advertising, the Chief Electoral Officer have their mobile devices on vibrate or recommends amendments to a number silent, receive and send emails and texts of sections of the Act. to their campaign headquarters with the latest information on their “bingo Campaign Signage Rules sheets” without having to disrupt the Currently the Act requires that once a voting process is a practical change that writ of election is issued, all election should benefit all stakeholders. A strict advertising must include the phrase prohibition would be maintained against “Authorized by the official agent for.…” any voter using a communication device By far the majority of complaints for any purpose in the poll and any received from the general public, agents talking on the phone, recording candidates and their campaigns are videos or taking pictures inside the that the campaign signs do not include polls. this phrase. In most cases the notice is The Chief Electoral Officer there, but is too small to be readable. recommends that the limited use of When asked to “check for the fine print,” communication devices in the polls by complainants are usually angry that candidate agents be permitted. they have wasted their time and that campaigns abuse the obvious intent of Provision of Lists of Electors to the rules. Candidate Campaigns In the 2013 general election printed copies of the lists of electors (preliminary, revised, official and final) were generated and available to every

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The Chief Electoral Officer • Pamphlets or flyers may be delivered recommends that the phrase on election day. “Authorized by the official agent for • Ads placed in weekly papers are …” be displayed in a font size that acceptable as long as they are not is proportional to the size of the published on election day (Tuesday). font used to display the name of the • Tweets and other forms of social A plan is in place to introduce an “ electronic issue of tax receipts candidate and further that the colour media are exempt. that can be data entered in the used for the phrase contrasts with the The question must be asked, “In field but approved by the official background on which it is placed. an event that relies completely on campaigning, reaching out with party agent of the registered party, reducing the level of effort for platforms to electors to help them MLA Constituency Office Signage the parties. make an informed choice, who are we In some cases, it has proven to be ” protecting with this ban?” impractical to take down or cover up the signage on constituency offices. In The Chief Electoral Officer recognition of this, during this general recommends that the ban on election election MLAs were informed that if they day advertising be rescinded. couldn’t take down or cover up their office signage then they needed to add Amend Election the phrase “Authorized by the official Finance Rules agent for….” The Chief Electoral Officer Tax receipts Issued by recommends that constituency office Registered Parties signage be exempt from the rules With fixed election dates, it is governing election advertising. anticipated that more candidates will register earlier and therefore, more Remove the Prohibition fundraising by candidates will occur Against Election Advertising in the months leading up to writ day. on Election Day Contributions received before the writ is issued are only eligible for tax receipts Section 273 was added to the Act at Law if they are made to a registered party. Amendments Committee in 2012. It In the 2013 general election, more prohibits election advertising on election than 60 candidate’s official agents day but does not treat all forms of received letters from ENS regarding election advertising uniformly. breaches of the Act for issuing tax As examples: receipts outside the allowable period. • Campaign signs, billboards, websites If all tax receipts were issued by the or ad banners on a website in favour registered party embarrassing errors of a party or candidate erected such as these and others which require before election day do not have to be refunding part or all of the contribution removed on election day. including surpassing contribution • An ad placed in the newspaper for a limits by individuals, contributions by party or candidate that is allowed the non-residents and contributions by day before election day cannot be run organizations would be significantly on election day. reduced. • An advertising ban on election day A plan is in place to introduce an frustrates parties’ and candidates’ electronic issue of tax receipts that can efforts to offer transportation to the be data entered in the field but approved polls.

35 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change by the official agent of the registered days since the 2009 election, has been party, reducing the level of effort for the problematic. It is recommended that a parties. penalty for each day late is introduced. For independent candidates, the The New Brunswick Elections Act option would remain to receive tax includes a daily penalty of $50 for receipts in paper format that would each day the report is late. In British be used during the eligible period. Columbia, the fine is a flat $500.00. The The period that contributions could publication of contributions and election be accepted and issued tax receipts expenses is delayed by late filings of would remain the same as the current these reports. legislation, from the acceptance of the The Chief Electoral Officer nomination papers by the returning recommends that a penalty, either officer and election day. The tax daily or flat fee, be introduced to receipts would be sent out from ENS encourage timely financial reports. headquarters to the candidate’s official agents, when required. Changes to Names of The Chief Electoral Officer Party and Candidate recommends that candidates, who are associated with a registered party, may Representatives not issue tax receipts. Discussions with the official agents of the registered parties have pointed to Require Candidate Sign-off confusion of terms related to agents of a of Reports Prepared by candidate. Their Official Agent Candidate’s Agent During the 2013 election, several The candidate’s representatives that candidates were not made aware observe the voting processes in the polls whether their official agent had filed on are often confused with the candidate’s their behalf, requested an extension, official agent. or had issues that would prevent them The Chief Electoral Officer from sitting in the legislature (s.263). recommends renaming the While the requirement for certification candidate’s agent at the polls to under Section 229(1) by the official agent scrutineer. is good practice, it is the candidate who ultimately suffers the consequences of the failure to file either through Official Agent of the Electoral embarrassment or inability to sit in the District Association Assembly. The candidate’s official agent and the electoral district association’s official The Chief Electoral Officer agent are often confused. recommends that the candidate also be required to sign the financial The Chief Electoral Officer submission as a declaration that it has recommends renaming the Electoral been reviewed by the candidate. District Associations official agent to Treasurer. Assess Penalties for Late Filing The filing of financial reports, even though the deadline was extended by 30

36 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Compliance and application of the law and report on Enforcement compliance and enforcement in the Chief Electoral Officer’s annual report. Changes to the Act introduced in 2011 included the introduction of the The Chief Electoral Officer Compliance Agreement as a measure recommends the addition of a Notice of Non-Compliance for the purpose of only 57% of eligible electors aged short of formal charges as a response “ 18-24 were registered compared ensuring compliance with the to breaches of the Act. The experience to more than 95% of eligible Elections Act. of the 2013 election leads the Chief electors over 34 years of age. Electoral Officer to recommend the ” introduction of additional enforcement Recommendations tools in a compliance and enforcement Affecting Elector continuum to help achieve greater Registration and Voting compliance with the Act. The first step is communication On-Line Elector Registration with regulated parties. In instances Recent amendments to the Act and the of breaches with relatively minor procedural changes and added voting consequences, the Chief Electoral opportunities have removed most Officer proposes to send a notice of obstacles that had made voting difficult non-compliance alerting the offender for some electors. of the breach and warning against An area left to be addressed is further breaches. Repeated or continued registration of electors. While the vast breaches, as well as more serious majority of electors over 24 years of transgressions would warrant a formal age are on the Register of Electors, that compliance agreement which could record is not as positive for electors include undertakings by the offender under 24. In 2013, the Register of as well as public disclosure of the Electors captured 93% of the eligible agreement on the ENS website. voting population of Nova Scotia based If a compliance agreement cannot on the Statistics Canada’s Nova Scotia be reached between the Chief Electoral eligible population of 758,822 persons. Officer and the offender or where However, only 57% of eligible electors the offence itself warrants a stronger aged 18-24 were registered compared to response, and the Chief Electoral Officer more than 95% of eligible electors over believes it is in the public interest, the 34 years of age. Chief Electoral Officer would refer the In addition, ENS is challenged to matter to the RCMP for investigation. maintain the correct address for electors The reporting of enforcement actions who do not have a driver’s license. ENS taken by ENS encourages greater will be informed if an elector votes in a compliance and informs the public of federal or municipal election, or through any non-compliant activities undertaken the filing of income tax (and authorizing by regulated parties. Information Canada Revenue Agency to share the protected by the Access to Information elector address data with Elections Act or the Privacy Act will not be made Canada), however, these elector address public. updates suffer from timeliness, coverage Those who enforce the law and and quality issues. regulations, and those who must The experience of Elections Canada comply, need to understand how they and Elections British Columbia leads will be applied. ENS will keep records us to believe that, in concert with of offences to ensure consistent other initiatives, on-line and phone

37 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change registration will improve coverage, The Chief Electoral Officer currency and accuracy of the Register of recommends that election officers Electors. The 2013 election audit team request voter identification at the time supported this by recommending online of voting. Electors who do not have voter registration to the Chief Electoral appropriate identification would be Officer. required to sign a declaration attesting The VIC has an address accuracy “ rate significantly higher than that ENS proposes to work cooperatively to their name, address and eligibility of a driver’s license. in the development of a new registration before being permitted to vote. ” system with election officials at Halifax Regional Municipality and the Cape Add Voter Information Card to Breton Regional Municipality who the List of Prescribed Form of already have experience in on-line Identification registration and with whom we share the A combination of elector identification list of electors for election purposes. that includes their VIC will speed the The Chief Electoral Officer voting process. We estimate that eight recommends that introduction of out of ten electors already bring their registration of electors on-line or by VICs with them to the poll. As discussed phone. elsewhere in this report, because of the method of collection of the data, Request for Elector Identification the high mailing address accuracy at the Polls and the constant effort to remove Electors in provincial elections in duplicate names from the registry, the Nova Scotia do not need to show VIC is the most current and accurate identification when they vote. The name and address document available proposal being put forward is to have to electors in Nova Scotia. As an election officers request identification at example, a VIC coupled with another the time of voting. Electors who do not piece of identification displaying the have appropriate identification would be elector’s name, may be superior to required to sign a declaration attesting showing a driver’s license, the piece to their name, address and eligibility of identification most electors would before being permitted to vote. show to prove their identity. The VIC has This should not be an onerous an address accuracy rate significantly imposition on electors. Increasingly, higher than that of a driver’s license. electors come to the polls prepared to A VIC could not be used as show identification – largely because identification in isolation. An elector of the requirement at federal elections. must be able to present a second piece A request for identification at the polls of acceptable identification displaying would not only facilitate streaming the elector’s name or sign a declaration electors for quick service but also help attesting to the elector’s name and improve the data in the Register of address. Electors by checking the information The Chief Electoral Officer on their identification against the recommends that the Voter information on the list of electors and Information Card be added to the making the appropriate changes where prescribed list of acceptable form of differences are observed. identification.

38 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Reconsider Partisan be able to follow procedures precisely Appointments of Election Officers or risk the integrity or the perceived The 2013 Election Audit Team integrity of the election. recommended removing the provision Returning officers have reported of the Elections Act that has election increased difficulty training nominated officers nominated by the political workers who come with promises of a “ Following the recommendation parties that came in first and second specific position in a specific location of the 2013 Election Audit Team, the Chief Electoral Officer in the last election. The primary based on the statutory entitlement. recommends abandoning the reason is that the independence of While it is preferred that worker nomination be discontinued, we practice of having the parties the management of elections has which came first and second in recognize that many returning officers progressed well in Nova Scotia and the previous election provide lists have a difficult time finding sufficient this is the last vestige of political of names for designated election numbers of potential workers to fill appointment associated with elections. officer positions. The current practice in Nova Scotia the required positions. A workable ” presents a number of challenges to compromise is one in which all good management. parties and candidates are given the Firstly, electoral district associations opportunity to nominate election and campaigns are increasingly workers without tying their nominations challenged to provide workers for the to specific positions. A standard polls – particularly in urban areas – test developed by ENS would be and, after reserving workers for their administered and the returning officer campaigns, they have found it difficult to would use the results to appoint workers nominate sufficient numbers of election to appropriate positions accordingly. officers to meet ENS requirements. In a Nominees identified through this post-election survey of returning officers, process from the parties that came first only seven of the 45 returning officers and second in the last election would who responded received sufficient be given priority status for training and names to fill their deputy returning testing over other applicants. officer (DRO) and poll clerk positions. The Chief Electoral Officer Five of the seven were in Cape Breton. recommends changing the statutory Often the same names appeared on entitlement of the parties that came lists from more than one party. Almost first and second in the previous all returning officers in urban districts, election to provide names designated including 16 in HRM, received few or no for specific election officer positions. names from the parties. Nominees identified by the parties Secondly, the responsibilities and that came first and second in the last duties of the two main positions election would be given priority status traditionally divided between the two for training and testing over other leading parties in each electoral district, applicants. the deputy returning officer (DRO) and poll clerk, have changed significantly and Early Provision of Lists the distinction between these two roles, of Election Workers as well as their job descriptions, have Returning officers must have sufficient changed dramatically. These election time to evaluate, appoint, and train officers must have a higher skill set all poll workers. The introduction of than was required in the past and must fixed-date elections should facilitate candidates and their teams to

39 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change contemplate potential names for their officers to identify each voter and lists much earlier in the campaign. to strike them off all lists of electors The Chief Electoral Officer province wide as they vote. It would also recommends that the provision of lists permit the election officers to print a of potential election officers would ballot for the voter with the names and have to be received earlier in the party affiliations of the candidates as The number of rejected ballots in “ the 2013 election almost doubled election calendar. they would appear on the election day ballot. from the totals witnessed in 2009 (1,520 to 2,950). A sample review Harmonize Early Voting This would be an important advancement for several reasons. of the rejected ballots revealed an Opportunities increase in intentionally spoiled Currently the elector must fill out a write- The recommendation of the election ballots. in ballot with either the name of the audit team was that Elections Nova ” candidate or the registered party they Scotia merge early voting opportunities wish to vote for or both. This may put – continuous voting, write-in voting some voters in a difficult position. For and advance voting – into one offering, instance, the voter may be functionally with the capability of introducing a illiterate and unable to write either the ‘crescendo’ of available locations, all candidate’s name or the party. They closing on the weekend prior to election may have entered the poll thinking that day. they could just make a mark on a ballot. Currently, the requirement for Similarly, the voter could be interested different processes for different in voting for a specific candidate but voting methods leads to higher risk of they be unsure of their name and how administrative error. to spell it and be reluctant to make a The use of the write-in ballot to vote mistake that may cost them their vote. would continue in specifically prescribed The number of rejected ballots in situations including voters who are out- the 2013 election almost doubled from of-province, incarcerated and Canadian the totals witnessed in 2009 (1,520 Armed Forces voters. to 2,950). A sample review of the The Chief Electoral Officer to rejected ballots revealed an increase recommends improving the early in intentionally spoiled ballots. Many voting opportunity procedures, other ballots were rejected due to errors reducing the number of forms made by the elector incorrectly naming associated with the voting the candidate or the candidate’s party. opportunities, and harmonizing Ballots printed on demand would all procedures to remove artificial but eliminate manual errors made by differences between the various voting electors when casting their vote. methods. As well, on demand ballots used in conjunction with a vote tabulating Using Technology in machine recommended below would the Polls not only identify the home district of the elector casting the ballot but also Introduce On Demand Ballots in their polling division. Currently this Early Voting Opportunities information coveted by party analysts The merging of early voting is lost in all early voting opportunities. opportunities coupled with the More than 20 percent of the results in requirement to have access to the 2013 could not be associated with a internet at all polls would allow elections

40 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change specific polling division. At some point additional box at a cost of $24,000. after the election, this information could The use of a vote tabulator would be shared with the registered parties. remove this need and reduce the This significant change to the current costs associated with producing the models can only be made possible if two count on election night. other recommendations are enacted. • The labour costs associated with Nomination day for candidates must counting the ballots cast in the be moved back to the day the writs write-in and continuous polls would of election are issued and this is only disappear as would any costs paid to practical if there is a fixed election date. observers of the count for these polls. The Chief Electoral Officer • A tabulator could count the ballots recommends the use of on-demand cast in the poll for every electoral ballots printed at the poll to be used in district. This would not only reduce polls before election day. the cost of couriering packages of ballots to each home district to be Vote Tabulators counted but also reduce the risk of losing ballots transported around the To further capitalize on reducing the province. Couriering ballots to home number of forms associated with the electoral districts cost $9,000. voting opportunities, and harmonizing • As stated above, on demand ballots procedures to remove artificial used in conjunction with a vote differences between the various voting tabulating machine would facilitate methods, the Chief Electoral Officer identifying the home district of the recommends the use of vote tabulators elector casting the ballot and their for the counting of ballots cast in the polling division. At some point after new harmonized continuous poll. This the election, this information could recommendation is brought forward for be shared with the registered parties. the following practical reasons: More than 20 percent of the results in 2013 could not be associated with • Currently, the counting of the ballots a specific polling division. in write-in ballot poll, the continuous • Because there are on demand paper poll and the advance polls takes ballots for every voting elector, results several hours to complete. With the generated by a tabulator can readily introduction of the ballot on demand be audited for accuracy at any time. with the candidates’ names and party • Returning officers tend to have affiliations for the electors home many of the most experienced and district, vote tabulators would deliver competent election officers work in the results to candidates’ agents and advance polls. Current rules require returning office staff within minutes them to be present to count ballots of the close of polls. The media on election night to start counting consortium and the ENS website the advance votes at 8 p.m. Relieving would have access to those results them of this responsibility, frees shortly thereafter. up knowledgeable personnel to be • Most early voting opportunities strategically placed at a potentially have more than one ballot box to problematic poll on election day. count. To reduce the time it would • The cost savings mentioned above take to count multiple ballot boxes, could be credited against the cost of returning officers hire two additional the tabulators. election officers to count each

41 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

The Chief Electoral Officer performed during the evening rush recommends the use of vote to vote and cut down on the number tabulators for the counting of ballots of errors made in completing the cast in the new harmonized advance paperwork at the end of the day. voting opportunities. The Chief Electoral Officer recommends providing flexibility to In any other line of work, the “ conditions of employment that permit some workers to start their Shift Splitting for Deputy deputy returning officers and poll duties early in the day and others to Returning Officers and Poll Clerks clerks must accept would not In any other line of work, the conditions replace them later for the latter half of only be considered unreasonable of employment that deputy returning the day. but also illegal. officers and poll clerks must accept ” would not only be considered Use of Observers during unreasonable but also illegal. These the Count officers are not permitted refreshment The Act contemplates candidates having breaks, meal breaks or any absence representatives at each poll to observe from their stations for a minimum of the count on election night. In recent 13 hours. Voting must stop if either elections, most campaigns have not one leaves their station. Historically, supplied agents to observe the count in this was a requirement to ensure all but few of the polls on election night. full accountability for the contents The Act specifically requires two of the ballot box. With the processes observers to be present as every ballot and procedures in place today, full box is counted on election night. accountability and an audit trail can be When candidates fail to have their carried out at any time during the day. representatives present, the deputy Subsection 81(13) of the Act exempts returning officer is required to find two election officers of subsection 4(1) of the willing people to observe the count. Labour Standards Code. They have two practical choices. In Both audits carried out during this a multiple poll, they can ask another election and discussed in detail in this deputy returning officer and poll clerk report revealed that most mistakes to watch as they count and vice versa made by election officers are the result or they can ask two of the last electors of one of two problems: the inability voting if they would stay and observe to sufficiently train workers given the the count. In rural areas of the province, complexity of the job and fatigue as most of the polls single polls and asking the day wears on. The former is being electors to watch the count is the only addressed by ENS through process alternative. Regardless of which method improvements and job simplification is chosen, it costs a minimum of $15 and less complex training. The second per hour per observer. In 2013, it cost can only be corrected by permitting split in excess of $55,000 to hire observers shifts. Many of our election officers are to watch the count and this does not and will continue to be from the older include the deputy returning officers demographic groups. While permitting and poll clerks who would have included the splitting of shifts with an overlap their time spent observing in the total of an half an hour between 2:00 pm hours they worked. and 2:30 pm would marginally add to the overall cost of the election, it would reduce the stress and fatigue of the workers, improve the quality of the work

42 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

The Chief Electoral Officer the question that would either require recommends removing the greater clarity in the Act or a decision of requirement to have observers present a court. at the count of each ballot box. Evidence that the signs would have been election advertising, if posted during the writ period included: “ The actions of other government Recommendations • the naming of ministers who, during departments unrelated to Affecting Other Departments an election, would be candidates; electoral events can and do or Agencies • colours that were closer to reflecting on occasion have unintended the governing political party than the consequences on the governance Government Advertising During province of Nova Scotia; of an electoral event.” an Election • a campaign-like slogan; and The actions of other government • the relative sizes of logos and other departments unrelated to electoral elements of the signs. events can and do on occasion have Evidence that the signs may not have unintended consequences on the been election advertising included: governance of an electoral event. The • the signs had been in place for more following recommendations are offered than 2 years; as a direct result of two such incidents • there had not been an increase in use experienced in the course of conducting in anticipation of the general election; the 2013 Provincial General Election. and Amend sections 271 and 272 of • previous governments had used the Elections Act provisions on similar signage extensively without Government Advertising consequence. This left ENS in the untenable In 2013, prior to the writ of election, ENS position of enforcing provisions received a complaint that government without clear jurisdiction. Bringing signs in downtown Halifax were election action against those responsible for advertising. government advertising during the ENS sought an opinion from outside general election would not have served a legal counsel and, based on that constructive purpose. Furthermore, any opinion, informed the complainant that public airing of these unresolved and the signs were not election advertising potentially contentious issues during as, by definition, election advertising is the election could have improperly and during a writ period. unfairly influenced the general public’s The legal opinion also advised that perception of the political parties were these signs in place during the contesting the election. It may very well election, the signs would be election have had the unintended consequence advertising. ENS met with senior of influencing the outcome of the government officials to discuss the election. complaint and the opinion in an attempt With the general election behind us, to avoid an issue during an election. ENS is bringing the issue forward to The government’s position was that draw attention to the fact that under the signs were not election advertising the current wording of Section 272 the and further, the government could not intent of the Act cannot be enforced. be bound by the legislation unless it was expressly named in the Act. Upon reflection, it became apparent that there were arguments on both sides of

43 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

The Chief Electoral Officer be applied to the Register of Electors, recommends removing ENS as that is, about 3.5% of the electors in the regulator of government advertising. Register of Electors. The Act should either expressly While Service Nova Scotia has exclude government advertising acknowledged that an upgrade of the material prepared and displayed on-line software tool is required, given In any given month, ENS receives “ change of address information prior to the writ or, regulations or its priority level, it is unlikely that the (either civic address, mailing amendments to legislation provide upgrade will be completed before the address, or both) for about 8,000 guidance to government regarding next provincial general election. individuals from the RMV. the limits of their advertising that The relative importance of the up- ” commences in a time prior to a fixed to-date address data to ENS, Elections date election or, in the absence of a Canada and other municipal, provincial, fixed date provincial general election federal departments and agencies – or during a by-election, limits on including police forces and emergency government advertising after a writ of services throughout Nova Scotia – leads election is issued. to the following recommendation. The Chief Electoral Officer Improvements to the Registry of recommends that Service Nova Scotia Motor Vehicles Database and the Chief Information Office raise ENS depends on several sources for the priority of this system upgrade additions, deletions and changes of so that the project will be completed information about electors currently within the next two years. on the Register of Electors, the central database of Nova Scotia electors. Nova Scotia Civic Address File The two most important sources are (NSCAF) Elections Canada for all data updates The NSCAF program, like RMV, is a and the Registry of Motor Vehicles responsibility of Service Nova Scotia, (RMV), specifically for “change of and plays an integral role in Nova address” information. Scotia’s civic addressing system. It The RMV on-line tool is used by is a complex system that involves the drivers and vehicle owners to notify public, municipalities, First Nations the Registrar of a change of address. communities, government departments, Currently, the tool allows a civic address emergency response agencies, and to be entered without verification. telephone service providers. It is In any given month, ENS receives the provincial government address change of address information (either standard and is used for everything from civic address, mailing address, or both) emergency response to bus routing for about 8,000 individuals from the and pizza delivery. ENS uses NSCAF RMV. In general, about 75 per cent of to determine in which electoral district these individuals are electors found on individual electors reside and informing the Register of Electors. them where they go to vote on election A third of those address updates day. provided by RMV cannot be used because the address does not match an address in the ENS database or the Nova Scotia Civic Address File (NSCAF) database. This means that each year, roughly 24,000 address updates cannot

44 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

The Chief Electoral Officer most members of the Nova Scotia recommends that that NSCAF be public service, they are not for the chief declared as the single source for electoral officer, the assistant chief civic address data for the Province of electoral officer nor the 51 returning Nova Scotia. More specifically, this officers and the 5 assistant returning would mean all provincial government officers. The Act currently states that no The public-at-large, the “ candidates and their campaigns databases that use civic addresses returning officer or assistant returning need the assurance that must use NSCAF as the source officer shall, while in office, knowingly those entrusted with election for that data or, at a minimum, for engage in politically partisan conduct. The reason for this restriction is trust. management and administration the validation of that data in their are not only seen to be objective The public-at-large, the candidates and databases. and impartial but are required by their campaigns need the assurance law to be non-partisan. Restrictions on Political Activity of that those entrusted with election ” ENS Employees management and administration are not only seen to be objective and There are currently three classifications impartial but are required by law to be of government employees with varying non-partisan. restrictions on political activity: The Chief Electoral Officer believes politically restricted, politically limited these same restrictions should also and unrestricted. be extended to the few permanent Deputy Heads, CEO’s of government employees of Elections Nova Scotia. departments and offices, commissions or agencies and those in positions The Chief Electoral Officer confidential to and reporting directly to recommends that all permanent them are politically restricted. They must employees of ENS be classified as resign from their government position politically restricted employees and to seek nominations, be a candidate, prohibited from engaging in politically hold a provincial or federal elected partisan conduct. office, or engage in other partisan political activity. However, with the exception of the chief electoral officer and the assistant chief electoral officer, the restriction allows the restricted employee to vote in an election, be a member of a provincial or federal political party and attend all-candidates meetings and debates. Government employees who are politically limited, in addition to the rights of restricted employees, may hold office in a political party, contribute or deal with money to political parties and/ or candidates attend electoral district association meetings; and, campaign for a candidate in a provincial or federal election. While these rights, derived from constitutional rights to participate in political affairs, are appropriate for

45 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

46 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Appendix A: 2013 Nova Scotia Election Audit

47 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

48 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change 1.0 Introduction

his is a report of an election audit Halifax, these auditors were fully briefed Tunique in Canadian electoral on assigned geographic areas, the administration history. logistical arrangements for the audit, It is a report on the first and official protocols to be followed. The comprehensive ‘real time’ audit of key next morning they each departed to their administrative processes, assessed in assigned electoral districts. the field, while an election was underway On their first day together, auditors in a major Canadian jurisdiction. discussed and agreed on the standard It also marks the first time that assessment approaches to be used with seasoned election administrators regard to assigning qualitative scores from multiple Canadian jurisdictions to the various process evaluations have been involved in systematically they would undertake. Toward the end examining the most critical election of that day, senior management staff procedures in one of their counterpart from Elections Nova Scotia briefed the jurisdictions. auditors on the significant changes that The Chief Electoral Officer (CEO) had been undertaken since the previous The Chief Electoral Officer (CEO) of Nova Scotia commissioned this election, major features of the new “ of Nova Scotia commissioned audit to be coordinated and conducted provincial Elections Act, expectations this audit to be coordinated independently, outside of the direct that had been set with returning officers, and conducted independently, control of his organization. He and the changes to the training regimen outside of the direct control of his requested that his counterpart CEOs that had been established for election organization. from across Canada, and Clerks from workers. ” two Regional Municipalities in Nova Each of the 51 electoral districts in Scotia, provide experienced personnel the province was visited by at least to observe and collect assessment one of the observing auditors during information from locations across the one or more aspects of the audit province regarding the ‘new model’ of data collection. Auditors collected voting services that would be used in the information using standard survey election for the first time. In response, forms, and up-loaded the data into election experts from British Columbia a central electronic repository at the to Newfoundland were made available end of each day. Auditors planned to assist with this ground-breaking their visit schedules with the aid of a assessment exercise. full listing of the locations and dates During the last week of Nova where key election activities were being Scotia’s 2013 provincial election period administered. At the beginning of — October 3rd to 8th — a total of each audit observation session, they 277 different sites were visited by 11 presented a signed-and-sealed letter experienced election administrators from the provincial Chief Electoral acting as visiting observing auditors. Officer, which legally authorized them to The election auditors prepared for their visit, observe and record their notes at assignment by reviewing applicable any of these locations. legislation, procedures and training videos before leaving for Nova Scotia. On the day following their arrival in

49 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Standardized survey instruments This Audit Report provides were used to collect observations and context about the project, includes analysis about key procedures in four an overview of the audit process, critical event delivery areas: and summarizes the findings of the 1. Election officer training; field data collection. It also provides 2. Voting: a series of recommendations for the • Continuous Voting in Returning senior management of Elections Nova Offices, Scotia to consider with regards to • Campus Voting, administrative changes to undertake • Advance Voting, and legislative amendments to request • Election Day Voting; while preparing for the 40th general 3. Ballot Counting; and election, anticipated in 2017. 4. Results Tabulation.

50 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change 2.0 Background to the Decision to Conduct an Election Audit

he province of Nova Scotia from Deputy Returning Officer Tundertook an extensive electoral functions; reform agenda between the general • The administrative introduction of election of June 9, 2009 and the general numerous new voting opportunities election held on October 8, 2013. Major for the public, including Continuous changes included: Voting at returning offices and • A new Elections Act, passed into law Campus Voting at post-secondary in December 2011; institutions; • A new Chief Electoral Officer, • A new approach to training election appointed as an Officer of the House officers, involving the integration of of Assembly in May 2012; YouTube video clips, which were also • New electoral boundaries, passed made accessible via the Elections into law in December 2012; Nova Scotia website for later review • A new Assistant Chief Electoral by temporary election workers; Officer, appointed January 2013; and • A new central web-based computer the system, custom-built to support • Inauguration of 51 returning officers all aspects of election information and five Assistant Returning Officers, management, from individual voter the first ever selected independently registrations to election night results by the CEO on a merit basis, in per ballot box; and January 2013. • A need to aggressively manage the Combined with these significant introduction of these changes in the structural changes were a number context of a pending election call, of major administrative reforms anticipated as early as the Spring of implemented by Elections Nova Scotia: 2013. • A comprehensive reworking of As is necessary when major legal procedures, forms, computer and structural changes are introduced, systems and administrative significant public resources needed to responsibilities for both head office be expended in preparations for and and field staff; delivery of the 39th provincial election in • Intensive, 8-day training sessions Nova Scotia. for returning officers on the features Elections Nova Scotia’s senior of the new Act, the administrative management recognized that the scope mechanisms to be used in of change in this election translated to implementing them, and the new an environment of significant risk. At the computer system; same time, they were keenly aware of • An accelerated redistribution of the paramount importance of electoral polling division boundaries by process integrity, as underscored by returning officers using GIS tools in the investigation into election official the field for the first time; errors in the 2011 federal election in the • A new approach to providing riding of Etobicoke Centre, as well as voting services, involving a physical the 2012 Supreme Court’s rulings on separation of the Poll Clerk functions the procedural irregularities that had occurred in that case. They expected

51 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change that not all new procedures and systems of the value the audit process could would succeed according to design provide to participating jurisdictions, the and plan, and wanted to ensure that opportunity to review a first application mechanisms were in place to identify of a new voting model, and the general what actually happened in the field. need for sharing best practices to This realization paved the way for an address challenges that all of Canada’s informed review and assessment in jurisdictions face in administering their ‘real time’ to determine how well the elections. Nova Scotia’s CEO promised compressed delivery of all these new to share the resulting Audit Report components of election administration with each of his CEO counterparts, as worked. an indication of the collaborative spirit It was agreed that the organization in which he wished to have the audit would undertake a field assessment, resourced and conducted. which would be done in a meaningful This request for assistance garnered and independent manner, and extract an enthusiastic response, and offers of maximum value for the necessary support and names of potential auditors expenditures. The assessment would had flooded in from across the country be used to provide a measure of the by early August. The design and project success of the many new initiatives plan for the audit was signed-off by involved with the election, as well as the Assistant Chief Electoral Office on a tool to help guide decisions about August 2nd. what priorities to address with future On September 7th the election was changes. called, and over the next two weeks 11 In May 2013, Elections Nova Scotia field audit resources were confirmed commissioned the design and planning to be available. The independent audit of the audit. In July, Nova Scotia’s designer was engaged to travel to CEO presented the audit design intent Halifax and make final preparations for at a national electoral conference, the conduct and coordination of the and requested that other CEOs from audit. across Canada assist by identifying resources they could make available to participate in the audit. He spoke

52 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change 3.0 Audit Design and Methodology

esearch indicates that very little The Nova Scotia election audit Rprofessional effort has gone into needed to focus on the new ‘system’ auditing field administrative procedures of delivering the provincial election, while an election is actually underway. according to the new Elections Act, and Surprisingly small amounts of the administrative measures adopted to assessment efforts are made with regard implement its legal requirements. The to the conduct of election procedures audit would not involve a determination generally, and almost none are ever of “freeness and fairness” — that was done in ‘real time’. not in question — but instead serve in The audit would… serve in setting “ a baseline assessment that could The closest activity to such an audit setting a baseline assessment that could be used for improving procedures concept is in the realm of international be used for improving procedures in in the delivery of the next election observation missions. These the delivery of the next election. It was election. generally involve teams of independent agreed that the focus would not be so ” foreign and domestic ‘observers’ narrow as to only assess what was new travelling through all parts of a country — auditors were to look at the system that is making a transition to democratic as a whole and provide feedback on rule (or sometimes in nations where a range of critical aspects of election the legitimacy of electoral practices are delivery. The added desire was that the in question) and making systematic observations made, and assessments assessments of whether genuinely open noted, would be well informed and and democratic debate and broadly made by persons with experience and accessible electoral procedures are in advanced understanding of election sufficient evidence. management procedures. The focus of international election From the outset, it was agreed that observation missions is ultimately on assessments were to be generalized whether an election is ‘free and fair’, — no individual names or location assessing whether widespread fraud is information that might identify such in evidence, and determining whether persons would be revealed in this Audit national legislation and international Report. standards are being adhered to. Election The audit project was designed administration is usually examined, but to take advantage of some of the infrequently does it garner sustained features found in international observer attention unless it is shown that the missions. The importance of collecting electoral management body in charge of measurable data in a systematic way conducting the election has insufficient led to agreement that standard survey resources or capacity, is being politically forms would be required. Random influenced, or demonstrates a blatantly sampling was agreed to be necessary in partisan bias in its operational policy order to obtain reasonably accurate and and management decisions. It is rare unbiased measurements about how key that election observation missions procedures were being administered include anyone with actual election across the entirety of the province, management experience. rather than in just specific types of locations. While it was understood that the sample size would never be large

53 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change enough to claim statistical accuracy, it Budget limitations dictated that was agreed that making the sample of a maximum of 12 auditors could be visited sites as large as possible, and accommodated, although ultimately the geographic coverage of the audit as only 11 auditors were available when the diverse as possible, would provide the election was called in early September. most accurate overall province-wide (The actual start of audit activities assessment of the procedures being could not be planned with exactness, as examined. Nova Scotia is one of the few remaining A survey design was established that Canadian provinces that have not legally would allow as few as four and as many adopted a fixed election date.) as 20 auditors to be deployed across the The project plan called for the province taking measurements in four auditors to be assigned in numbers critical event delivery areas: approximately proportionate to the 1. Election Officer Training; population base in the seven regions 2. Voting (at four major opportunities of the province. Assignments of the provided); auditors to regions and electoral 3. Ballot Counting; and districts are detailed in Annex ‘B’ of this 4. Results Tabulation1. report and summarized in the table below:

Estimated No. of Electoral No. of Auditors Region No. of Voters Districts Assigned Annapolis Valley 76,653 5 1 Cape Breton 105,702 8 2 Central Nova 59,418 5 1 Fundy Northeast 84,724 6 1 Halifax Regional Municipality 287,600 20 4 South Shore 43,999 3 1 Southwest Nova Scotia 53,462 4 1 Totals: 711,558 51 11

1. See Annex ‘C’ for an indication of the structure of each of these four surveys, as well as the summary of results collected for the questions auditors answered.

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Auditors travelled to Halifax on On Wednesday, October 9th all Tuesday, October 1st and spent all 11 auditors returned to Halifax and day on Wednesday October 2nd being attended a six-hour debriefing session briefed by the audit coordinator. with the audit coordinator. Initial Activities during the briefing day findings from the surveys were shared, included: based on statistical reporting available • Discussing appropriate standards for from the electronic repository where assessment; survey information had been entered. • Understanding the logistical General themes and concerns about the arrangements and supplied proposed election administration process were itineraries; discussed, and notes were made by the • Becoming familiar with the content audit coordinator with regard to key of their custom-prepared briefing items to include in the Audit Report. The binders; overall structure and key content to be • Taking the opportunity to ask included in the Audit Report was agreed questions of senior managers from to, and a preliminary list of agreed Elections Nova Scotia; and recommendations was developed. • Getting to know each other as The collected survey information colleagues. was analyzed and this Audit Report was As of Thursday morning, October drafted by the audit coordinator between 3rd each auditor was actively collecting October 10th and 24th, and then sent information and making their survey to each of the auditors for review, assessments of election officer training feedback and edit suggestions. Auditors sessions, Continuous Voting in submitted their edits and feedback by returning offices and Campus Voting November 1st, and the audit coordinator at various post-secondary institutions finalized the content of this Audit Report across the province. They continued and submitted it to Elections Nova these audit observation activities for six Scotia on November 6th — exactly 29 days, culminating in a very long day of days following the close of voting for the assessments on Tuesday, October 8th election the Audit Team had assessed. — election day. The contents of this Report reflect a Each auditor travelled to their broad consensus among all 12 members assignment areas and specific sites by of the Audit Team. car, aided by a GPS unit in most cases. They stayed at pre-arranged hotels while deployed, using Internet connectivity provided to enter and submit their collected survey data on a daily basis.

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4.0 Summary of Audit Findings

y any fair comparison to the way electors presenting them when Belections have traditionally been run checking-in to vote; in jurisdictions across Canada, the 2013 • Streamlined voter processing …the 2013 Nova Scotia provincial Nova Scotia provincial election was an resulting from the use of the VICs “ election was an administratively administratively successful and well-run as a key control document in voting successful and well-run event. event. administration; ” There was an extensive list of new • Use of fewer, but larger voting features in this election, many of which locations in dense urban areas; worked exceedingly well. Examples • The innovative concept of providing include: ‘How Did We Do’ cards with a QR- • Increased accessibility to the ballot code to permit immediate feedback for all voters, and a modest increase from voters via their smart phones; in turnout at a time when turnout is • ‘Future Voter’ stickers for underage trending consistently downward; youth accompanying electors to • Popularity of Continuous Voting in voting sites; Returning Offices; • Service orientation of election • Success of student participation at officials at all levels; Campus Voting; • Election Day telephone support to • Successful incorporation of Returning Officers at Elections Nova technology at continuous and Scotia’s head office; and campus polls; • Computerized tabulation and ‘live’ • Real-time ‘strike-off’ of voters from online reporting of voting results on the preliminary voters list during Election Night. Continuous Voting, which permitted However, the audit also revealed that However, the audit also a ‘vote anywhere’ model from shortly not every aspect of the election was “ revealed that not every aspect after the Writs were issued until the completely successful. At a systemic of the election was completely start of Advance Voting, four days level, there were administrative issues successful... before Election Day; and problems seen within each of the ” • The concept of separating the roles four critical event delivery areas. and physical locations of Poll clerks The following summarizes some of and deputy returning officers at the high-level observations of the Audit voting locations; Team: • Operational efficiency gains • Election Officer Training associated with the new model – Inconsistent from one electoral of initial elector check-in with the district to another; “next available Poll Clerk” at voting – Not based on adult learning locations; principles and involved virtually no • Use of the Learning Management hands-on exercises; System videos during training, and – Frequently over-dependent on use their availability for election workers of video clips; to review via Elections Nova Scotia – Not adequately oriented to website links; someone with no previous election • Design of voter information cards work experience; (VICs) and the success rate of

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– Generally too long in duration to • Vote Results Tabulation keep participants’ engaged; and – Frequently lacked adequate quality – Did not equip participants with the controls to ensure accuracy; basic knowledge they needed to be – Often performed in a physically immediately effective in their roles. chaotic atmosphere of election • Voting night ballot box returns. “ It should also be noted that – Sometimes held in locations not Summary measures in the four none of the issues identified… suitable for voting, or inadequate categories listed above are contained in were regarded… as involving for the numbers of electors Annex ‘C’ of this report. “irregularities” in establishing assigned to vote at that location; It should be noted that none of the individuals’ entitlement to vote, or in any way permitting ineligible – Involved a significant number general shortcomings listed above persons to cast ballots. of election officers not following were regarded, by any of the observing ” required procedures and not being auditors, as involving “irregularities” in provided adequate supervision or establishing individuals’ entitlement to oversight to address issues early in vote, or in any way permitting ineligible the process; persons to cast ballots. – Did not always facilitate secrecy of It should also be noted that many ballot choices; of the issues identified in the list above – Inconsistently staffed and are inherently problematic given the organized; and logistical challenges and complexity – Infrequently observed or attended of delivering simultaneous election by volunteer agents (scrutineers) processes over a massive geographical appointed by candidates. area, along with requirements to hire a • Ballot Counting very large number of temporary staff to – Inconsistent procedures from provide the necessary voting services. one location to another, and even Nevertheless, these remain between ballot counting teams at important areas of concern and deserve the same voting location; priority attention as plans are made and – Often involved the counting of priorities are set for the 40th general marked ballots before undertaking election in Nova Scotia. the reconciliation of how many ballots should be legitimately available for counting; – Not always well-controlled by election officers or effectively supervised by location supervisors; – Sometimes results were not called in until all polls in a multiple poll location were finished their counts (thereby delaying results reporting); and – Often delayed due to legal requirements for witnesses to be present in the absence of candidates’ agents.

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5.0 Principles and Parameters of Election Management 5.1 Principles familiar conceptual model for making “...the auditors narrowed their recommendations arising from the discussion to three fundamental Both at the briefing session held on election field assessment. parameters every electoral October 2nd, and during the de-brief The three parameters are management body must balance on October 9th, the members of the when examining change to an 1) Accessibility, Audit Team discussed the principles electoral process. 2) Integrity and that should guide any recommendations ” 3) Economy. the team might make as a result of Some describe these parameters what was learned during the detailed as making up a triangular equation observation of Nova Scotia’s key of electoral policy change. Placing election procedures. emphasis on one consideration almost INTEGRITY There are a number of general inevitably has causal effects that principles of election administration bring the other two into some kind of which electoral professionals around the ECONOMY adjustment. Increased accessibility (e.g. globe reference2 with frequency. They ‘vote anywhere’) may also increase the include: possibilities of electoral fraud, thereby ACCESSIBILITY • Independence; threatening a reduction in process • Impartiality; integrity. Addressing the integrity • Integrity; challenges of increased accessibility • Transparency; can increase procedural costs, making • Efficiency; desired changes difficult to justify on the • Service Orientation; basis of an economic business case. • Professionalism; and This agreement on key parameters • Rule of Law. led to a discussion of which of the three Application of each of these was most important to consider while principles, auditors agreed, was developing recommendations, and extensively demonstrated in the which factor should be given priority administration of the 39th provincial attention as Elections Nova Scotia’s general election in Nova Scotia. senior management makes decisions on 5.2 Parameters what to address in preparation for the next general election. While agreeing on the importance The emerging consensus view was of adhering to the above overarching that accessibility to voting had been principles in the administrative conduct significantly increased in Nova Scotia of an election, the auditors narrowed through recent legislative changes, and their discussion to three fundamental that it was the ‘integrity’ of electoral parameters every electoral management procedures that should be considered body must balance when examining the paramount factor informing change to an electoral process. Specific suggestions of what should change. to the purpose of the audit assessment, During his brief visit to the auditors’ these component elements ‘fit’ a

2. See, for example, The ACE Project Electoral Knowledge Network’s encyclopedia overview on electoral management principles at http://aceproject.org/ace-en/topics/ em/em20.

58 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change post-election de-briefing session the, Increasing ballot accessibility Chief Electoral Officer of Nova Scotia is frequently associated with a concurred that procedural integrity diminishment of procedural integrity. would be an appropriate focus for However, ensuring high levels of the auditors’ recommendations, as integrity can make electoral processes this is the key element associated less accessible to voters and more with maintaining public trust in the complex and expensive to administer. legitimacy of the processes that define A recent increased focus on electoral democracy, and the acceptance compliance has raised the level of of election outcomes. scrutiny on electoral bodies to ensure Hearing the CEO’s comments, that the integrity of the electoral process the Audit Team members concluded is being protected. At the same time, that their most useful collective electoral agencies are increasingly recommendations would be ones that expected to make voting easier and addressed improved integrity, including more accessible (which is seen as reduced administrative error. necessary to counteract a steady decline It was agreed that the essence of in voter turnout) while being respectful electoral process integrity involves of the need to be fiscally responsible in having an administrative ‘system’ with delivering voting services with taxpayer controls in place to ensure only eligible dollars. voters vote, they only vote once, their Auditors agreed that introducing vote is kept secret, their ballot choices technology into parts of the voting are counted accurately, and the entire process will likely be the next process is sufficiently transparent evolutionary step necessary to maintain that all of this can be seen as being a balance between electoral process accomplished. integrity, cost efficiency and further Electoral process integrity engenders expansions of voting accessibility. public trust in the election outcome.

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6.0 Audit Team Recommendations

6.1 Areas for Improvement Supervision ...it is simply unreasonable to “ expect temporary election officers During the post-election debrief There is an opportunity to use highly trained and well-supported supervisors to master complex procedures for session, members of the Audit a job that they do for just one or to deal with ‘exception’ procedures, Team initially agreed on three broad two days. areas of improvement they believed thereby allowing poll clerks and deputy ” Elections Nova Scotia could benefit returning officers to focus on a narrower from: simplification, supervision, and set of simplified procedures. sustainability. • Complex procedures should be Auditors felt that articulating some considered ‘exceptions’ that are features deserving attention within each handled by a competent and well- of these three areas could facilitate the trained supervisor; process of developing more specific • Central phone and/or online help recommendations in the areas of should be provided to all supervisors; administration and legislative change. • Supervisors should continue to train Within each of these areas, election staff during advance voting suggestions are aimed at improving days and on election day — this can Complex procedures should be the overall integrity of the process by be based on “what’s going to happen “ considered ‘exceptions’ that are increasing compliance with procedures next”; handled by a competent and well- and rules. • Every voting location needs someone trained supervisor. to clearly be ‘in charge’; ” Simplification • Supervisors in the voting locations These improvement suggestions must be more than glorified are based on a reality that all electoral information officers — they must agencies face: it is simply unreasonable have leadership skills and be capable to expect temporary election officers to of intervening when there are master complex procedures for a job disputes or when procedures are that they do for just one or two days. being performed in error; • Limit advance voting and election day • Consideration should be given to workers to as few tasks as possible; the introduction of a liaison officer • Identify all possible voting options, program to provide additional and train and assign staff accordingly oversight over returning officers, and (e.g., poll clerks who specialize in an area manager program to provide serving voters with current VICs vs. additional oversight in the voting poll clerks who register voters); process. • Make forms intuitive; procedures logical; doing things wrong must be Sustainability made unusual and difficult; and The current model relies on election The current model relies on “ election officers to work for more • Training must be short, focused on officers to work for more than 13 than 13 hours in a single day. the basic tasks (not exceptions), hours in a single day. This model is ” enjoyable and based on ‘doing’ rather not sustainable and Elections Nova than listening or watching. Scotia is encouraged to continue to find innovative ways to simplify tasks and reduce reliance on officials working such long hours.

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• Need to continue to evolve to segment tasks into logical groupings, “...there is only one chance for procedures towards a voting services and train in a hands-on manner for election officers to do their job model that can be sustained into those specific tasks. Depending on the right – there is no second day to the future as a trusted, logical and economic parameter, some of the tasks go back and correct errors.” affordable method of administering currently performed by election officers public elections; (e.g. ballot counting) may be performed • Requires a continued willingness more effectively by technology. to innovate, test and refine new Within this overall discussion approaches and methods over context, the Audit Team went through several elections; and an exercise where each member placed • Efforts at redefining the roles of poll on a flip chart short titles of what they clerks and deputy returning officers regarded to be the most important are excellent first steps in moving changes that Elections Nova Scotia toward a new, sustainable model of should contemplate during their next voting services. electoral cycle. Auditor discussions regarding these This list was then sorted into two three suggested improvement areas categories: first, the administrative led to the conclusion that they were items which Elections Nova Scotia has decidedly generic, and could likely be direct control over and second, public applied in every electoral management policy matters which require legislative body in Canada. amendments to the Elections Act before The audit review process had simply they can be implemented. provided a sharper level of clarity Progressing through the three regarding their importance and need themes identified for improvement, for attention on the part of electoral the auditors offered a variety of specific administration leaders. recommendations for administrative change. These recommendations were 6.2 Recommendations for then grouped into four categories as Administrative Change follows: The three areas of improvement 1. Evaluate and Re-design outlined above suggest a model of 2. Increase Supervision voting services where election officer 3. Modify Training responsibilities are considerably 4. Ensure Consistency simplified. In such a model, the tasks The 34 administrative change assigned to election officers would be recommendations listed below are simple and well defined and officers focused on steps Elections NS could would do their tasks repeatedly over the take to make tangible improvements course of their shift. to the overall integrity of the provincial This is not a particularly stimulating election system, all within the current model from an election officer`s legal framework. perspective, but it is one that lends itself To improve the administration of the to a greatly simplified training process next provincial general election in Nova and improved compliance. The model Scotia, the Audit Team recommends that is suggested is one that accepts the the following changes be undertaken by reality that there is only one chance for Elections Nova Scotia: election officers to do their job right – there is no second day to go back and correct errors. Given this, it is important

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Evaluate & Re-design 9. Consider renaming the poll 1. Evaluate procedures established clerk tables ‘check-in’ instead of for poll clerks and deputy returning ‘registration’, as voters don’t think officers with the objective of making they need to register when they them more intuitive so that their already have a Voter Information training can be substantially reduced Card; from the current three hour duration; 10. Evaluate the continuous voting 2. Look at the functions of poll clerks process and consider re-engineering and deputy returning officers as they it to minimize the number of steps relate to the type of elector they are and paperwork required, making primarily providing service to (e.g. the in-district and out-of-district estimated 85% or more of electors ballots distinct from each other, and having a VIC and proper ID at hand); defining how this process can best 3. Rationalize the roles and be managed as part of, or separate responsibilities of constables, from, each returning office. Information Officers and supervisory 11. Carefully evaluate the requirements deputy returning officers – their for staffing at returning offices, and positions should not be considered satellite returning offices, taking into interchangeable; account the popularity of continuous 4. Critically review the role of the voting and the administrative and constable and decide whether the logistical challenges associated with constable position is required at additional accessibility provisions in voting locations; the new Elections Act; 5. Consider reworking the guides and 12. Evaluate the Register of Electors manuals for election officers, making update processes used — take them easier to use as a reference measures to study coverage and document and organized in a way currency issues that resulted in that matches the workflow for each election registrations at the time officer’s role; of voting, and introduce effective 6. Rework the forms most frequently ways to improve the quality of the used in the voting process, Register of Electors data pre-election and make use of forms design so that there are substantially fewer professionals and focus groups registrations and changes required to simplify, clarify and eliminate at the time of voting; the possibility of confusion and 13. Rethink the process of assigning misinterpretation; multiple advance voting polls to 7. Consider making ‘removal’ from the same physical location, and the voters list an option on the consider merging the election officer registration form that is used at teams to make the voting process voting locations; more efficient and less confusing for 8. Evaluate whether printing an ‘office electors; use only’ area on the back of each 14. Explore the opportunity to Voter Information Card could avoid have different counting team the need for stickers to be removed arrangements for advance voting from a sheet and placed on each ballot boxes, so experienced advance voting document; officials can be assigned to work at election day polls;

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15. Critically review the voting locations 21. Arrange for a ‘lead supervisor’ role, Ensure the focus of election that returning officers propose working in conjunction with one or “ officer training is on the few tasks to use, ensuring that they are of more other supervisors, in very large each position will primarily be sufficient size to accommodate the multi-poll voting locations. responsible for... number of electors assigned to vote ” Modify Training at each location and appropriate in terms of access, parking and human 22. Use adult education professionals traffic flow — establish minimum in the design of the curriculum and size requirements for each number development of training materials of polling stations that are assigned for both Returning Officer training to a single voting location; and and election officer training, and 16. Determine what voting materials structure the training in the most and election officer instructions effective way possible. should be provided in French to 23. Restructure the training of Returning better facilitate voting and compliant Officers in a graduated, step- election administration in the by-step process that requires a dominantly francophone areas of the demonstration of acquired skills province. through practical assignments that lead to comprehensive preparation Increase Supervision for the 40th general election; 17. Introduce a liaison officer program 24. Professionalize the training of to provide additional oversight election officers, and ensure that over returning officers, and an training is timely, consistent and area manager program to provide grounded in adult learning principles additional oversight to the voting which emphasize experiential process. learning over lecture, reading or 18. Standardize on having a site video viewing; supervisor, named and appropriately 25. Ensure the focus of election officer identified, at every voting location training is on the few tasks each (even if it is a deputy returning position will primarily be responsible officer needing to wear ‘two hats’ at for, and not dealing with a myriad of a small rural voting location); potential exceptions (which should 19. Ensure that supervisors are specially be handled by a supervisor); recruited and thoroughly trained 26. Separate election worker training on dispute resolution, problem sessions based on each election escalation, exception processing, officers’ separate and distinct role, personnel management and basic and further separate sessions by leadership skills; voting opportunity to minimize 20. Ensure supervisors have the ability confusion between advance voting and understanding to do ‘on-the-job’ and election day voting procedures; training/leadership of Information and officers, poll clerks and deputy 27. Offer the political parties and returning officers and make this a candidate campaign offices the formal requirement for managing ability to have their candidate’s close of poll, ballot reconciliation agents professionally trained on the and vote counting procedures; and procedures they can expect to see at voting locations throughout the election period.

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Ensure Consistency 32. Ensure that poll clerks take a Work on standardizing “ processes across different voting 28. Standardize on the ‘next available standard and consistent approach opportunities, so as to minimize poll clerk’ model at every voting to confirming the identity of each required differences in forms, location. This may be best addressed elector who presents themselves at instruction and training... by adopting a more proactive and a voting location, with or without a ” consistent approach to providing Voter Information Card, and who are adequate oversight and supervision either registered or unregistered to at voting locations; vote at that location; 29. Work on standardizing processes 33. Establish minimum standard ratios across different voting opportunities, of poll clerks to deputy returning so as to minimize required officers for small, medium and large differences in forms, instruction and voting locations; and training; 34. Streamline and standardize the 30. Set standards with regard to ballot counting process; ensure this maximum distances (or maximum is well-supervised and consistently times) electors should be expected managed at every voting location. to travel to vote, and ensure that voting locations are made accessible The recommended administrative to electors according to these changes listed above are fully supported standards, recognizing that they will by field observations made by auditors differ in urban, semi-urban and rural during the 2013 Nova Scotia provincial parts of the province; election. 31. Standardize on the format and content of printed voters lists used at voting locations, as well as the presence of electoral maps and poll keys to assist in the registration of electors, or the redirection of misinformed electors to their assigned voting location;

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6.3 Recommendations for The Audit Team suggests the Chief Legislative Change Electoral Officer of Nova Scotia give serious consideration to including Public policy changes to electoral the following eight legislative change legislation are not under the direct recommendations in his report to control of the Chief Electoral Officer. the Legislative Assembly and request The CEO has an opportunity to the Elections Act be amended well make recommendations regarding in advance of the next provincial the legal amendments he believes are general election to allow sufficient necessary, and usually includes such time for orderly implementation and recommendations as part of mandatory communication to stakeholders: public reporting on the election process, electoral finance and voting results.

Recommendation 1. Remove the partisan appointment process used for identifying election officers. Rationale: The Chief Electoral Officer is no longer appointed through a partisan process, nor is the Assistant CEO or any of the Returning Officers, Assistant Returning Officers or Election Clerks who assist Returning Officers. Each go through a merit-based competitive recruitment process. These changes were made in recent years with legislators giving recognition to the international democratic standard that election administration should be independent, non-partisan and neutral, and seen as such by all stakeholders. The anachronism of having Deputy Returning Officers appointed by the party that came first in the last election, and the Poll Clerks appointed by the party that came second is no longer defensible. All election officers should be selected on the basis of demonstrated skills and a willingness to sign a legal undertaking that they will conduct their duties as an election officer in a strictly non-partisan manner. Auditors witnessed election officers providing candidates’ agents special attention, deferring to them for procedural rulings, and taking shortcuts to have voting results determined quickly so they could be provided to partisan agents. These kinds of activity erode public perceptions of electoral process integrity.

Recommendation 2. Remove the requirement for witnesses to attend the count of ballots – require two election officers to be present and allow them to be held fully accountable for their count and related documentation. Rationale: Auditors observed many voting locations that had very few or no candidates’ agents (voluntary scrutineers) present during voting. The Elections Act seems to assume that there will be sufficient candidates’ agents attending the vote count of all ballot boxes, but this is not at all the case. Because the Act requires that there be witnesses to the count of ballots if there are no candidates’ agents present, counting and results reporting was delayed in many locations through no fault of the election officers present. Provided that election officers are not political appointees (see #1 above), they should be trusted to provide accurate bookkeeping, ballot reconciliation and official statements of the vote.

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Recommendation 3. Allow persons who work as election officers at Advance Polls to also work on Election Day. Rationale: Many of the most experienced and competent election officers work at Note: This recommendation is not Advance Voting. Current rules require them to be present on Election Day at the applicable if recommendation #7 below is accepted. same location where Advance Voting occurred while they were working, and to start counting the Advance votes at 8 p.m. It would be preferable to allow special ballot counting teams to count these Advance voting ballot boxes, perhaps at the office of the Returning Officer, and thereby allow these valuable personnel to provide their knowledge and expertise at a voting location on Election Day.

Recommendation 4. Introduce online voter registration via the Elections Nova Scotia website, supplemented by the ability to register over the phone, by mail or in-person. Rationale: Numerous provincial jurisdictions in Canada, including Quebec, Alberta, Note: This amendment would greatly British Columbia, have made voter registration, and registration update procedures, increase accessibility to voter registration, but at the risk of permitting ineligible more accessible to the electorate by implementing online voter registration. voters to register. For this reason it must be Registration at the time of voting is inconvenient for voters, time-consuming for accompanied with an integrity measure at election officers and prone to error because of the pressure election officers are the time of voting in the form of mandatory presentation of identification documents. under to minimize lineup time. Persons registering themselves, or updating their See #5 below. registration record, are more likely to be accurate in recording their own exact name and address details. Mail-based target enumeration efforts can be greatly assisted if electors can respond online, at their leisure. In addition, the ability to register via phone, in addition to traditional in-person and mail methods, greatly enhances the ability of election administrators to have a high quality voters list ready at the beginning of an election campaign.

Recommendation 5. Introduce a requirement for elector identification at the time of voting, similar to the federal requirements. Rationale: At present, Nova Scotia’s electoral law is somewhat counterintuitive with Note: If the preceding amendment regards to the presentation of identity documents by electors at the time of voting. recommendation - #4 above - is accepted, the requirement for ID presentation at The law requires election officers to ask, but voters do not have to provide proof the time of voting is an essential integrity of identity in order to be issued a ballot. This law is confusing to the electorate, measure needed to prevent voting fraud. confusing to election officers and difficult to enforce uniformly. It would be preferable that the law clearly state that proof of identity must generally accompany proof of voter registration before any elector is given a ballot. The exception would be to allow an elector to be ‘vouched’ for by another elector who is registered and in possession of valid identification documents.

Recommendation 6. Permit Election Day election officers to work in shifts instead of requiring a minimum 13.5 – 15 hour day without breaks. In any other line of work, the conditions of employment that election officers must accept would be considered unreasonable and illegal. Officers are not permitted refreshment breaks, meal breaks or any absence from their stations for a minimum of 13 hours. Voting must stop if an officer leaves their station. Flexibility should be provided so that some workers could start their election officer duties early in the day and others later in the day. With paper ballots, full accountability and an audit trail is always available.

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Recommendation 7. Merge Continuous Voting, Write-in Voting and Advance Voting opportunities into one offering, with the capability of introducing a ‘crescendo’ of available locations, all closing on the weekend prior to Election Day. Rationale: Voting accessibility was greatly expanded in Nova Scotia with the recent introduction of new voting opportunities. However, these ‘early voting’ measures could be made more administratively effective and offer more streamlined service to voters if they were consolidated into a single standard process which was made increasingly available to electors as the Writ period progressed. Write-in ballot procedures, Continuous/Campus Voting and Advance Voting could be combined into one process made available at various locations early in the Writ period supplemented with a ballot that allowed voters to select a registered political party or, optionally, write in the name of an independent candidate. After nominations for candidates are closed two weeks before Election Day, ballots with candidate names could potentially be securely provided if printed on the printers currently used for administering Continuous Voting. Early Voting opportunities could be significantly expanded, made mobile (e.g. ‘the Early Voting bus’) and advertised as a broadly accessible alternative voting opportunity for the final 10-day period (Day 13 to Day 3). For a period of 24 days, voters would have access to out-of-district and in-district voting across the province with significant procedural integrity (computerized lookups and strike-offs from the voters list). All ballots used in Early Voting could be specially configured to facilitate machine tabulation in Returning Offices, freeing experienced election officers to take work positions on Election Day.

Recommendation 8. Introduce Fixed Date Provincial Elections, preferably on a Saturday or a special Election Holiday established for the express purpose of allowing the vote to take place. Rationale: Nova Scotia is one of the last jurisdictions in Canada without fixed election dates. Fixed dates for elections give certainty to all electoral stakeholders, and save money of election administration by avoiding sustained periods where a ‘state of readiness’ must be maintained. Having a fixed date election on a Saturday or special ‘E-day’ holiday would make more election workers available, more public buildings (e.g. schools) accessible for voting and possibly help increase voter turnout.

67 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

7.0 Next Steps

embers of the senior management will both identify and quantify risks, Mof Elections Nova Scotia should and together the measures can be used carefully review this Audit Report and to establish rational priorities when reflect on what the contents indicate considering changes and improvements with regard to topics they believe to procedures and administrative deserve their attention, debate and methods. agreement on priority. Discussions As part of their comprehensive post- should focus on whether increased event de-briefing sessions, Elections electoral process integrity is to be the Nova Scotia senior management may guiding parameter in choosing where wish to share portions of what the Audit the focus of change should be placed. Team found and obtain feedback on Senior personnel may wish to whether the recorded observations seem share this Audit Report with selected in line with the experiences of various management and support staff, other stakeholders. These could include including field managers, to obtain persons such as Political Party Official their direct feedback on the contents or Agents, or a sample group from the portions thereof. thousands of election officers who were The legal compliance review project, hired on a temporary basis to provide which was planned prior to the start of voting services. the election, should be executed and the Following the collection of the results checked against the findings of valuable information gained in this Audit Report. Solutions identified each of the above steps, a formal to address areas of non-compliance strategic planning process should be should be reviewed against the list undertaken by Elections Nova Scotia. of recommendations contained in One deliverable of that process should this report. It is to be expected that a the development of a statement that significant overlap will be apparent. articulates a vision of the voting service Several Canadian jurisdictions have model the organizations wishes to committed to conducting a post-election evolve to, and the sequence of steps it audit of voting documentation to assess sees as necessary for getting there. the compliance levels of election officers regarding the rules and procedures they are trained to follow. This type of audit permits a very exact assessment of error rates, and allows patterns of errors to be determined on the basis of voting opportunity, geographic locations, or other factors. Combining a voting documentation compliance review with the results of the ‘real time’ observations contained in this Audit Report should allow a performance baseline to be established. This combination of audit approaches

68 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Annex ‘A’ – Audit Team Members

1. Michael Boda

Michael Boda is Saskatchewan’s Chief Electoral also provided advisory and assessment services Officer, having served in that position since internationally on electoral issues, working in June 2012. several different countries, including Jordan, Born and raised in Saskatchewan, Dr. Boda Pakistan, Ghana, Scotland and the United has for 18 years offered advice to national and States, with institutions such as the United international institutions on issues relating to Nations Development Programme (UNDP), the election administration, law and assessment. Organization for Security and Cooperation in He served on the senior staff of the International Europe (OSCE), the Inter-Parliamentary Union Foundation for Electoral Systems (IFES), (IPU), and the Carter Center. a Washington, D.C.-based international Dr. Boda holds doctorates from Oxford nongovernmental organization dedicated to (Law) and Johns Hopkins (Political Science) facilitating improved election administration universities, is an Adjunct Professor at Johns worldwide. Hopkins University, and is a Policy Fellow at the Michael Boda has been a visiting research Johnson-Shoyama Graduate School of Public fellow at the Brookings Institution and the Policy at the University of Regina and University National Endowment for Democracy. He has of Saskatchewan.

2. Dawn Borutskie

Dawn Borutskie is the Manager of the ‘Re- Dawn holds an honours degree in Commerce engineering of Voting Operations Project’ at from Carleton University, supported by several Elections Canada. years of studies in Systems Engineering. More Dawn started her career at Elections Canada recently, she has been pursuing an interest in in 2005, working with the Revision Systems learning and adopting project management team, while the agency was preparing for a techniques and methodologies. general election. During her 8 years at Elections Currently, Dawn is managing an Elections Canada, she has held a variety of positions within Canada pilot project to redesign the voting model the Field Programs and Services Directorate, used in federal elections, incorporating the use of supporting the delivery of 3 federal general technology at all polling sites. The objectives of elections and many by-elections. Her main area of the project are to enhance the services to electors expertise is the use of technology in the delivery and candidates, improve compliance with of an election, through the use of the election procedures, and ensure that there is a sustainable results system and the candidate information infrastructure in which to hold federal elections in management system. She further coordinated the future. the capture and distribution of voting results on polling night, followed by the verification processes and publishing of the official results.

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3. Isabel Collins

Isabel Collins is the Director of Election from Memorial University, and Public Sector Operations and Special Ballot Administrator in Leadership and Management Development the province of Newfoundland and Labrador. from Memorial University. She also holds Ms. Collins began her career with the certificates from the College of the North Atlantic Provincial Government in the mid 1980’s in and Langevin Training Institute in Training and administrative roles both in the departments Instructional Design. of Finance and Fisheries before moving to the Ms. Collins was a key participant in Department of Justice as Assistant Registrar implementing past electoral reforms at Elections of Records Management in the late 1980’s. NL and currently sits as a member of ENL’s All She began working with the Office of the Chief Political Party Advisory Committee. She also plays Electoral Officer in 1989 in a supervisory role a management role on the Election Planning administering ‘Special Poll’ voting. She was Committee at ENL. appointed Acting Chief Electoral Officer from Isabel is currently working on redesigning 1991-1992 and became the Director of Election election forms and procedures to help speed Operations in 1992 with the added role of Special the voting process and reduce wait times. Ballot Administrator added to her portfolio in Training materials are also being reviewed and 1996. supplementary materials are in the beginning Ms. Collins is currently nearing completion of stages of preparation for the 2015 general election a Bachelor of Arts from Memorial University and holds certificates in Management and Leadership

4. Paul Harpelle

Paul Harpelle is the Director of Communications As a journalist, Paul observed electoral and Community Outreach for Elections New procedures at federal, provincial and municipal Brunswick (ENB). levels from a very different perspective than most Since joining the ENB management team election administrators. in 2006, Mr. Harpelle has designed, developed and executed communication strategies for two provincial general elections and two quadrennial municipal elections, in addition to numerous by-elections. Paul Harpelle worked as a Communications Director in a number of provincial government departments prior to joining Elections NB. His move into the field of professional communications followed a 20-year career in journalism.

70 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

5. Jill Lawrance

Jill Lawrance is the Director of Corporate Planning She has since returned to Elections BC and is and Event Leader at Elections BC. fully engaged in strategic, corporate and event Jill began her career in electoral administration planning and reporting. in 2004, when she first joined Elections BC as the Jill holds a Masters in Planning with a Director responsible for electoral operations and specialization in economic policy analysis from project planning. the University of Toronto and is a PMP-certified Between 2008 and 2012, Ms. Lawrance project manager. operated a business offering consulting services to the provincial government and private clients in a range of areas, including project management, policy and procedure development, survey research, economic impact analysis, data analysis and report writing.

6. Lori McKinnon

Lori McKinnon is the Election Coordinator for Ms. McKinnon has a Diploma in Business the Halifax Regional Municipality in Nova Scotia, and Computer Studies from the College of the Canada. North Atlantic (previously CNCC), a certificate Lori started her career in elections as a spare in Business Administration from Memorial Deputy Returning Officer municipally (2008), University of Newfoundland, and various IT and then as the IT Project Lead in a 2009 special and ITIL certifications. Election administration election. The challenge of election management is a career evolution after over 15 years in the IT applied its addictive hook, and she was appointed industry. as Halifax’s Election Coordinator in 2011. In 2012 For Lori the 2013 Nova Scotia Provincial the Halifax Regional Municipality conducted Election auditing experience was personally Municipal and School Board elections in which beneficial in terms of professional development Internet-based electronic voting was offered as an and further stimulating her interest in the global additional voting channel for the 3rd time. context of elections.

71 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

7. Steve Miller

Steve Miller is the former Manager of Event Mr. Miller is a graduate of the University of Services at Elections Ontario. He retired from his Western Ontario and has a degree in Physical and 33-year electoral career at the end of June 2013. Health Education. Over the course of his career Steve started his election career with the City he has taken a keen interest in effective project of Toronto in 1981, in the role of Election Clerk. management, and completed numerous courses Over time he became involved in all aspects to enhance his skills in this area and directly apply of election delivery including election finance, them to electoral event preparations. training, election process reviews, advertising The last big project Steve worked on at and warehouse management. Steve organized Elections Ontario was a comprehensive review the first automated election for the newly of all advance and election day processes. The amalgamated City of Toronto, and then managed goal of the review was to reduce reliance on staff, contract elections for companies, associations, simplify processes and increase the integrity of political parties and other municipalities on the voting process. behalf of the City. In 2005, Steve was recruited into his operational management role at Elections Ontario.

8. Harry Neufeld

Harry Neufeld is an electoral management In addition Harry Neufeld has worked for consultant based in Calgary, Alberta. ten years as an electoral consultant, assisting Mr. Neufeld has 32 years of management international agencies and electoral management experience across the full range of legislation, bodies around the globe. Mr. Neufeld’s policy, process, technology and logistics that consulting work has taken him to Australia, are associated with the delivery of electoral Botswana, Britain, Guinea, Guyana, India, Iraq, democracy. He holds a Master’s Degree in Jamaica, Jordan, Mexico, Russia, South Africa, Political Science from the University of Victoria, Sweden, Uganda, and Zimbabwe as well as and a Bachelor’s Degree in English and Political various electoral jurisdictions in the United States Science from the University of Lethbridge. and Canada. In June 2010 Harry completed an eight-year Harry coordinated the 2013 Nova Scotia statutory term as the Chief Electoral Officer for election audit after having been commissioned the province of British Columbia. He previously by the Chief Electoral Officer of Nova Scotia to held senior electoral management positions with design and develop a project plan for the conduct Elections Canada and the United Nations. of the audit, involving election professionals from across Canada.

72 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

9. Ian Parenteau

Ian Parenteau is the Returning Officer for the Dr. Parenteau holds a Ph.D. in political science Québec riding of Sainte-Marie-Saint-Jacques from the Université du Québec à Montréal and a professor of political science at the Royal (UQAM) and has studied in Kingston (Ontario), Military College Saint-Jean. Fredericton (N.B.), Dijon (France) and Montréal. Ian became involved with elections as a He has taught introductory political science member of the UN-led Electoral Observation classes to Officer Cadets of the Royal Military Mission to Haiti in 2006. He was recruited that College since 2009. Before that, he was editor-in- same year by the Directeur général des élections chief at the Institut du Nouveau Monde (INM), for Quebec (DGEQ) to become the returning considered the leading non-partisan organisation officer of a downtown Montreal riding. Since in Québec dedicated to democratic citizen 2008, he has served on a returning officers’ participation. He has taught at the UQAM and committee advising the DGEQ. In 2009 he was at the University of Ottawa. His primary research mandated to conduct a feasibility study on the interests are focused on political ideologies and possibility of establishing polling stations for elections. In 2008 he co-published (with Dr. students at community colleges, colleges and Danic Parenteau) a book on political ideologies universities. Quebec’s Electoral Law was changed which is used as a core textbook in numerous accordingly and Quebec postsecondary students colleges and in universities in Québec, France will be able to vote on campus during the next and Belgium. general election.

10. Judy Richard

Judy Richard is the Deputy Chief Electoral Officer Ms. Richard finds working at ‘head office’ for for the Province of Prince Edward Island. Elections PEI to be an interesting and rewarding Judy’s career with Elections PEI began in 1994 endeavour after years of experience as an election when she accepted the position of Returning field manager. The challenges and opportunities Officer for the first Municipal election in the to enhance, improve, build and expand the then newly incorporated Town of Cornwall. effectiveness of election management seem, at On the recommendation of the provincial times, almost limitless to her. She has found the Chief Electoral Officer, she was appointed as a knowledge gained through involvement as an Returning Officer for the 1996 Provincial General auditor for the 2013 Nova Scotia election to be Election. During her career as a Returning Officer, extremely valuable, and sees many of the lessons she administered five Provincial Elections, learned having application to her jurisdiction as eight Municipal Elections, five School Trustee well. Elections and one Plebiscite on Proportional Representation. In July of 2011, Judy was hired for the position of Manager of Election Operations. In November 2012 she was promoted to become Deputy Chief Electoral Officer.

73 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

11. Mike Stockfish

Mike Stockfish was appointed Chief Operating of all of Elections Ontario’s activities, with the Officer at Elections Ontario in June 2008. (Mike results of this work supporting the development will officially be retiring from Elections Ontario in of a new organizational structure. January 2014.) Mike joined Elections Ontario after 22 years As Chief Operating Officer, Mr. Stockfish at the Bank of Canada. At the Bank he held had responsibility for the successful delivery of progressively more senior positions in Ottawa, all operational aspects of Elections Ontario’s Toronto and Vancouver. His final position at core business functions in accordance with its the Bank of Canada was the Ontario Regional Strategic Plan. Since joining Elections Ontario Director and Agent for the Toronto Agency in 2001, Mike Stockfish has held the following Operations Centre. positions: Director, Permanent Register of Mike was born in Toronto, Ontario, and Electors and Administration; Director, Corporate earned a bachelor’s degree in Economics at the Services; Director Election Finances and Director University of Western Ontario, followed by a Electoral Event Services. master of business administration (MBA) degree Reporting to the Chief Electoral Officer, Mike with a concentration in Finance from McMaster is currently serving as the Executive Sponsor for University. He also has received a master’s an Organizational Effectiveness initiative which certificate in Public Management from the is scheduled to be completed before the end of Schulich School of Business at York University. 2013. This project includes a functional review

12. Bernie White

Bernie White is the Municipal Clerk and Chief Bernie White has Bachelor Degrees in Arts Electoral Officer for the Cape Breton Regional (St. FX University) and Social Work (Dalhousie Municipality (CBRM) in Nova Scotia. University) and holds designations as a Mr. White held Returning Officer positions Registered Parliamentarian (RP) and Master at the local government level since the early Municipal Clerk (MMC). He is a past President 1980s. He has been the Chief Electoral Officer of the Association of Municipal Administrators for CBRM since municipalities in Cape Breton of Nova Scotia (AMANS) and has served on the County were amalgamated in 1995. Bernie has led Board of Directors of the Union of Nova Scotia election teams in six Local Council and School Municipalities (UNSM). Board Elections since that time, and was the lead Bernie is currently serving on an intra- administrator in the successful implementation governmental committee which is reviewing the of Internet voting for the 2012 CBRM Municipal Municipal Elections Act and its administrative Elections. Handbook.

74 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Annex ‘B’ – Team Member Assignments

Auditor Assigned Region Assigned District No. Electoral District Name Michael BODA Central Nova 02 Antigonish (western portion of the district) Notes: 39 Pictou Centre Five of Nova Scotia’s largest 40 Pictou East electoral districts (#06, #20, 41 Pictou West #32, #40, & #42) had one satellite Returning Office Dawn BORUTSKIE Cape Breton 06 Cape Breton-Richmond established in each, and 06A Cape Breton-Richmond Satellite RO Office 32 Inverness these offices had assigned 32A Inverness Satellite RO Office responsibilities for a geographic area within their Central Nova 02 Antigonish (eastern portion of the district) district. Satellite offices are 20 Guysborough-Eastern Shore-Tracadie (eastern portion of the district) indicated in italics in the Isabel COLLINS Halifax Regional 12 Cole Harbour-Eastern Passage table above. Each satellite Municipality 13 Cole Harbour-Portland Valley Returning Office had an 16 Dartmouth East Assistant Returning Officer 19 Dartmouth South appointed. 28 Halifax Needham Paul HARPELLE Halifax Regional 24 Halifax Armdale *Three Districts (#02, #20 & Municipality 25 Halifax Atlantic #42) were assigned to have 26 Halifax Chebucto split responsibility between 27 Halifax Citadel-Sable Island two auditors apiece. East/ 47 Timberlea-Prospect west geographic splits for Jill LAWRANCE South Shore 07 Chester-St Margarets auditor coverage in these 36 Lunenburg districts are indicated in bold 37 Lunenburg West italics in the table to the right. Southwest Nova Scotia 42A Queens Shelburne Satellite Office (eastern portion of district) Lori McKINNON Fundy Northeast 10 Colchester Musquodoboit Valley 11 Colchester North 14 Cumberland North 15 Cumberland South 30 Hants East 48 Truro Bible Hill Steve MILLER Halifax Regional 04 Bedford Municipality 09 Clayton Park West 22 Fairview Clayton Park 29 Hammonds Plains-Lucasville 43 Sackville-Beaver Bank Ian PARENTEAU Southwest 03 Argyle-Barrington Nova Scotia 08 Clare-Digby 42 Queens Shelburne (western portion of the district) 51 Yarmouth Judy RICHARD Annapolis Valley 01 Annapolis 31 Hants West 33 Kings North 34 Kings South 35 Kings West Mike STOCKFISH Central Nova 20A Guysborough-Eastern Shore-Tracadie Satellite Office (western portion of the district) Halifax Regional 17 Dartmouth North Municipality 18 Preston-Dartmouth 21 Eastern Shore 44 Sackville-Cobequid 50 Waverley-Fall River-Beaver Bank Bernie WHITE Cape Breton 05 Cape Breton Centre 23 Glace Bay 38 Northside-Westmount 45 Sydney-Whitney Pier 46 Sydney River- Mira-Louisbourg 49 Victoria The Lakes 49A Victoria The Lakes Satellite RO Office Total Number of Districts* = 51

75 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Annex ‘C’ – Summary of Audit Survey Results

he following seven pages give a The following results summary pages T‘snapshot’ analysis of the collective follow the structure and order of the results of measures taken by members audit survey forms used by the election of the 2013 Nova Scotia election Audit auditors in their review of four key Team. election process areas: Survey forms were used in collecting • Election Officer Training see p. 39 quantitative and qualitative data at • Voting (all types) see p. 41 training, voting, counting and results • Ballot Counting see p. 43 tabulation sites across the province. The • Results Tabulation see p. 45 survey data was entered into a computer database by the observing auditors on a daily basis.

76 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Nova Scotia’s 39th General Election FORM ‘A’

Survey Results for Audit Questions: Election Officer Training 15 Responses

A1. Which election officer role (or roles) was the training session related to? (Sessions were combined for multiple roles) Supervising Deputy Deputy Returning Poll Clerk Returning Officer Officer 20% 93% 93% A2. Were goals for the training session (pre-established by Elections Nova Scotia) clearly defined? Clear Somewhat Clear Not at all clear 33% 40% 27% A3. Was the instructor knowledgeable about general principles as well as the specific details of the election procedures they were providing training on for this group of election officers? Very knowledgeable Moderately knowledgeable Somewhat knowledgeable Not at all knowledgeable 33% 47% 20% 0% A4. Were the supplied instructor’s illustrations and Learning Management System (LMS) videos used? Yes, extensively Yes, but minimally No, not at all 60% 33% 7% A5. Was the training material covered, supplemented by the instruction documents distributed, appropriate for someone with no previous experience working at an election? Very appropriate Moderately appropriate Somewhat appropriate Not at all appropriate 13% 33% 53% 0% A6. Was the location used for training suitable? Very suitable Moderately suitable Somewhat suitable Not at all suitable 27% 47% 20% 7% A7. Was the pace at which the instructor led the course appropriate? Very appropriate Moderately appropriate Somewhat appropriate Not at all appropriate 29% 50% 21% 0% A8. Was the instructor accessible for answering questions during the training session? Very accessible Moderately accessible Somewhat accessible Not at all accessible 43% 29% 29% 0% A9. Was there sufficient time in the session to cover the material that was being presented? Yes, more than enough time Yes, about right No, somewhat rushed No, far too little time 7% 60% 27% 7% A10. Was the instructor respectful of students being instructed? Very respectful Moderately respectful Somewhat respectful Not at all respectful 47% 33% 20% 0% SUMMATION The overall quality of this training session was: Very good Good Adequate Bad Very Bad 29% 29% 36% 7% 0%

77 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Nova Scotia’s 39th General Election FORM ‘B’

Survey Results for Audit Questions: Voting – Campus/ Continuous / Advance/ Election Day 242 Responses (all observed voting opportunities combined) B1. Were any campaign activities taking place within 60 metres of the entry to this voting location? Yes 2% No 98% B2. For someone newly joining the voting queue at this location, did they need to wait for more than five minutes before meeting an election officer who examined their voting credentials? Yes 9% No 91% B3. Upon entering this voting location, was the procedure to follow clear and obvious to voters? Very clear 50% Moderately clear 43% Somewhat clear 7% Not at all clear 0% B4. Was the layout and space for the voting arrangements adequate for the number of voters at the location? Yes 90% No 10% B5. What was the number of election officers working at this voting location? (Answers varied from 1 to 33 – most were under 10) B6. How many candidate agents (scrutineers) were in this voting location? (Answers varied from 0 to 12. Approximately half of all voting locations were reported to have ‘zero’ scrutineer presence) B7. Were voters able to mark their ballots in secret? Yes 95% No 5% B8. Did you observe any of the following circumstances inside the voting location: a) Election officers not following required procedures? Yes 24% No 76% b) Overcrowding? Yes 8% No 92% c) Campaign materials? Yes 2% No 98% d) Intimidation of voters? Yes 0% No 100% e)Disputes/tension between voters (or candidate agents) and election officials? Yes 3% No 97% B9. How long did it take voters to cast their ballot from the time they presented an election officer with their Voter Information Card (or other credentials)? Number of minutes: Answers varied from under 30 seconds to 45 minutes, with the majority indicating a time of less than three minutes. B10. Was there clearly someone ‘in charge’ of this voting location who would step in and resolve disputes between voters and election officers serving those voters? Yes 92% No 8% If yes, what position did this person hold? In vast majority of cases, the correct officer was indicated. SUMMATION The overall administration of voting at this location was: Very good Good Adequate Bad Very Bad 26% 53% 17% 3% 0%

78 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

Nova Scotia’s 39th General Election FORM ‘C’

Survey Results for Audit Questions: Vote Counting 11 Responses C1. Was the number of persons who voted at the ballot box being counted (polling station, advance vote, etc.) officially recorded on control sheets before the box was opened? Yes No 73% 27% C2. Was the total number of ballots issued to the officer (DRO or Presiding Officer) in charge of the ballot box reconciled against the number of cast ballots, spoiled ballots and remaining unused ballots, and were these numbers officially recorded on prescribed control sheets before the ballot box was opened? Yes No 27% 73% C3. Was a count of the total number of ballots in the ballot box performed immediately after the box was emptied? Yes No 27% 73% C4. Did the number of ballots in the ballot box exactly equal the number of recorded votes cast (and the number of voters) as had been entered in the control sheets? Yes No 73% 27% C5. Did the number of rejected ballots, plus the number of accepted ballots equal the number of ballots originally counted when the ballot box was opened? Yes No 100% 0% C6. Were candidate agents (scrutineers) permitted to observe the above proceedings, make objections to ballot mark interpretations, and obtain an official copy of the recorded results per ballot box? Yes No 90% 10% C7. Did the poll officials appear to be knowledgeable and in control during the count? Yes No 55% 45% SUMMATION The overall administration of ballot counting at this location was: Very good Good Adequate Bad Very Bad 18% 18% 36% 18% 9%

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Nova Scotia’s 39th General Election FORM ‘D’

Survey Results for Audit Questions: Vote Results Tabulation (at Returning Office) 11 Responses D1. Were the results phoned in from voting/counting locations recorded on supplied, separate paper forms per ballot box? Yes No 100% 0% D2. Were the results per ballot box (polling station/division/voting opportunity) data entered into the pre-configured computer database used for tabulating the results for every electoral district in the province? Yes No 100% 0% D3. Were there quality control mechanisms in place to ensure that data entry was accurate? Yes No 73% 27% D4. Were candidates’ agents (scrutineers) present and able to familiarize themselves with the all aspects of the vote result tabulation process? Yes No 82% 18% D5. Were media representatives present and able to get regular updates on the district vote results as the tabulation proceeded? Yes No 91% 9% SUMMATION The overall administration of vote result tabulations at this location was: Very good Good Adequate Bad Very Bad 9% 64% 27% 0% 0%

80 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change Appendix B

District of Kings North Recount Report

October 21, 2013

Report of the Chief Electoral Officer January 2014

81 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change

District of Kings North Recount October 21st, 2013 Overview of the Recount would be presiding over the proceedings and provided contact information for his Friday, October 11th, 2013 offices. New Democratic Party candidate Jim The CEO contacted Justice Wood, Morton petitioned Justice Gregory who in turn offered to meet to discuss Warner of the Nova Scotia Supreme the layout and proposed procedures for Court, for a judicial recount following recounting ballots. A meeting was set the Provincial General Election held on for October 19th at 11:30am in Justice October 8, 2013. Justice Warner ordered Woods’ office in Summit Place on the recount to be held on October 21st, Lower Water Street in Halifax. Justice 2013 in the Law Courts in Kentville. Wood also provided the CEO with the contact information for Lisa Taylor, the Saturday, October 12th, 2013 prothonotary for the Supreme Court in Don Fraser, representing Mr. Morton, the Kentville Law Courts. wrote Richard Temporale, the Chief The CEO contacted Ms. Taylor to Electoral Officer for the Province of discuss practical issues such as the size Nova Scotia (CEO) informing him of and flexibility to accommodate physical the particulars for the recount and that changes of Courtroom 3, who provides he has served the Official Agents for the food and beverages for the courts/ Liberal, Progressive Conservative and juries and possible times and dates Green Party candidates of the same on for a visual inspection of the premises October 11th, 2013. and ongoing discussions with the local Copies of the petition and the letter returning officer Al Kingsbury. The CEO to the CEO are found in Appendix A. then contacted the returning officer, Monday, October 14th through briefed him on the discussions to date Friday, October 19th, 2013. and requested that he call Ms. Taylor and visit the law courts to determine Mr. Morton visited the CEO at Elections the logistics for the day including the Nova Scotia headquarters to personally number of counting areas the room drop off the original copy of Mr. could accommodate, secure storage Fraser’s letter to Rick Temporale on of the boxes of the voting documents, Monday October 14th and to briefly suitable locations for food and enquire about previous judicial recount beverages, the public, etc. processes and outcomes. The CEO contacted Justice Warner to introduce himself and broach the subject of recount procedures and processes. Justice Warner said that he had decided to step aside from the process in part because he had what some may perceive as a conflict of interest. He had voted for the candidate of his choice in the general election in the district of Kings North. Justice Warner said that Justice Michael Wood

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The CEO also requested: – a training session and mock • Sandi Little, the Director of recount with the chosen staff and Operations, compile a list of returning officers for the afternoon returning officers and headquarters of Thursday, October 17th staff to be used as deputy returning – for the delivery of the voting officers for the count. As with the documents from the district of 2009 judicial recount experience, Halifax Citadel-Sable Island to be the CEO’s decision to bring in used as the voting documents returning officers to conduct the in the training session for the count was based on the following Thursday afternoon. considerations: The in-house rehearsal of the – chosen from among the 50 proven updated voting procedures held on candidates available (returning Wednesday afternoon led to some minor officer for Kings North excluded) adjustments in how the processes – their suitability for job at hand should unfold. It was also decided (calm, decisive, the ability to at that time to use real 2013 election understand and follow processes ballots and forms for the mock recount and not get flustered) to be held on Thursday afternoon to – ensures quality personnel train the chosen returning officers performing repetitive duties in a under real life conditions. J Envelopes highly charged environment under and Statements of the Poll from polling intense scrutiny divisions in the District of Halifax – provides an opportunity for Citadel-Sable Island were chosen. additional election-related On Thursday October 17th, the experience to a handful of returning training session with the returning officers who may face a similar officers produced the following situation in a future election decisions. – opportunity for CEO to receive • Two instead of one election officers candid feedback from seasoned per table would be used. One professionals on the experience of would show and flip the ballots the day for future improvements to and be in charge of the count, the the process second would assist with sorting of • Roxanne Matthews, Manager of envelopes and tallying the votes. Field Liaison and Ralph Blakeney, • Five teams of two counters would be administrative assistant to review proposed to Justice Wood to ensure and update the recount procedures the recount would conclude within a used in the 2009 Inverness judicial reasonable timeframe over one day. recount to reflect the changes in poll • Four teams of two returning procedures used in the 2013 general officers would concentrate solely election. on recounting the election day and • Cynthia Simpson, Executive Assistant advance poll ballots. to the CEO, to prepare for and • The two head office staff, Roxanne arrange: Matthews and Ralph Blakeney would – a mock recount of the draft form the fifth team. They would processes with the chosen staff concentrate solely on the write-in for the afternoon of Wednesday, ballot and continuous polls and, if October 16th time permitted, the mobile poll. The two were given these responsibilities

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because the write-in and continuous by poll officials during the election polls were not only the largest polls and draft discussion points for their but also because of the write-in rather scheduled meeting on Friday. than X mark on the ballot, likely On Friday October 18th, the CEO and the most contentious. They were ACEO met with Justice Wood to present also most familiar with the count for his consideration, their thoughts processes. on the logistics, layout, processes • One additional returning officer and procedures for the recount on would accompany the five teams Monday October 21st. A copy of the to relieve individuals who needed a draft Discussion Points is provided in break and for contingency purposes Appendix B. in the case of sickness, etc. They discussed the number of counting tables that the CEO was Election Officer Team recommending Justice Wood consider Conducting the Count to complete the recount within business Team One: hours on Monday. Given the layout of • Ted Bulley, Queens-Shelburne Courtroom 3 (photos of the court room • Jim Breeze , Chester-St. Margaret’s are provided in Appendix C), Justice Team Two: Wood agreed with two conditions, firstly, • Krista Daley, Halifax Citadel-Sable the interested parties had no reasonable Island concerns with the number of tables • Christine Blaire, Truro-Bible Hill- proposed and secondly, the room could Millbrook-Salmon River be arranged to accommodate the five Team Three: workstations. The CEO also provided • Mike Baker, Hammonds him with a copy of the binder they Plains-Lucasville proposed to provide to all interested • Mark Jamieson, Sackville-Beaver parties in advance of the recount. The Bank interested parties included: Team Four: • Justice Wood • Eileen Pelham, Halifax Atlantic • All candidates who ran in Kings • Valeria Shupe, (former returning North officer) • The observers for each candidate Team Five: • The election officers conducting the • Roxanne Matthews recount • Ralph Blakeney • Al Kingsbury, returning officer for Spare: Kings North • Sher-Lee Kerr, Waverley-Fall River- • ENS staff present at the count (CEO, Beaver Bank ACEO, Director of Operations) At close of business on Thursday, • Phil Reid (Counsel for ENS) the CEO emailed Justice Wood the Justice Wood suggested he review draft reworked processes completed the materials provided and respond to date including draft step-by-step by email with any questions and/or instructions for counting election day changes he wanted to see. Justice Wood ballots, advance and write-in ballot responded by email later that same day polls, examples of acceptable and indicating that he had completed his unacceptable ballots for both write- review of the recommended procedures in and election day style ballots used for the recount and was prepared to

84 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change accept them, subject to any issues Lohr, PC. Candidate Stephen Pearl, raised by any party at the beginning of Liberal attended by himself. Candidate the process on Monday. Mary Lou Harley, Green Party declined With respect to item 4 on the agenda attendance. of discussion points, Justice Wood Several questions were raised, cautioned that we could provide him primarily around how the processes with information on the types of ballot were to proceed which were satisfactorily issues he could be asked to rule on but answered. not arguments for or against a particular Questions about acceptable and position. He said he would entertain rejected ballots were directed to tabs those types of discussions with all 3 and 5 of the binders along with the interested parties involved on Monday. statement that these were examples He also accepted the CEO’s proposal to provided by ENS to all DROs and have ENS staff meet with the candidates presiding officers to follow during their and their representatives on Sunday, count of ballots. Should any one of them October 20th in Kentville to review the disagree with the examples given, they recount procedures as proposed, to could present their case to Justice Wood answer any questions they may have through their legal counsel. Justice at that time and to provide them with Wood was not bound to these examples. copies of the binders for their review. Those present were also told Justice The contents of the binders provided are Wood would consider objections to the included in Appendix D. proposed processes and procedures, Al Kingsbury informs the four Monday morning prior to commencing candidates that Justice Wood the recount. has tentatively agreed five table At a meeting at 5:00pm with the five simultaneously counting ballots teams of election officers, Al Kingsbury continuously until the recount is walked through the issues he felt might completed and therefore, each candidate arise during the recount of each polling should consider having enough division’s ballots. observers plus spares to cover each ENS provided Al with labelled boxes table. He extends an invitation to them for the records from each polling and their observers to attend a briefing location. The documents were packed to be conducted by the CEO and ACEO into the boxes and sealed in preparation at the Kings North returning office in to be transported to the law courts Kentville at 3:00pm Sunday. by cube van on Monday morning at The Progressive Conservative, 8:00am. Liberal and New Democratic candidates Monday, October 21st, 2013 accepted the invitation. 8:00am Sunday, October 20th Al Kingsbury and deputy presiding At 3:00pm after introductions, the CEO, officer, Hugh Stronich load the truck ACEO and Al Kingsbury briefed the with 47 boxes of poll documents, one for candidates and their representatives each polling division to be counted. on the processes and procedures to 8:30pm be followed. Both the NDP and PC Boxes of poll documents are secured parties had several representatives at in the back rows of the public gallery in the briefing including the legal counsels, Courtroom 3. Don Fraser for candidate Jim Morton, Logistics of the day are discussed NDP and Jeff Hunt for candidate John with Court support staff.

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ENS members and count teams Court deputies are briefed on arrive to support Al in room preparation decisions of Justice Wood with regard to Furniture in Courtroom 3 is courtroom etiquette including: rearranged to accommodate five teams Where food and beverages for all for counting ballots. It will be cramped participants would be located; but manageable. Other than bottled water, no food Each team assembles their work or beverages is to be permitted at the station and prepares supplies for the tables counting ballots; count. No one other than Al Kingsbury or 9:30am Hugh Stronich will be permitted in the Candidates, observers and press enter vicinity of the boxed poll documents; the court and are informed of the Members of the public and spare layout for the count including the table observers are welcomed to view from dedicated to write-in and continuous the public gallery but should not be poll counting. permitted into the area where ballots are Press is asked to wait for permission being counted; from Justice Wood before filming the No idle conversations should be room. carried out in the courtroom; Candidates are asked to assign All those present should talk with counting stations to their observers. muted voices; Observers and counting teams are The count would continue without introduced to each other and begin to interruption until all polls were discuss the counting process at that completed. Breaks, including lunch station. would be decided at each counting table 9:40am as required. Justice Wood enters the court and 9:50am addresses those present with his Al Kingsbury delivers boxes of opening remarks. He asks the documents to be counted to the five candidates and their representatives if stations and the count commences. they have any questions or concerns Throughout the day, as a counting with the proposed process for counting station completed the count of a ballot ballots. With none being expressed he box and Justice Wood had signed off on asked if there were any other issues to the Statement of Poll, the teams would be discussed. take a short break for food, beverages The CEO asked for clarification with and personal needs then commence the respect to media in attendance. count of the next box delivered. Spare Justice Wood decided the media will observers and count team members be permitted in courts throughout the were substituted into the process proceedings and pictures and video will seamlessly. also be permitted from a distance (no As expected, it took some time for the capturing of ballots or poll records). counters and the observers to become The CEO asked that once a ballot comfortable with each other, their roles box had been counted and signed off by and the counting procedures. As a Justice Wood could Al Kingsbury remove consequence, it took considerably less the box from the court to safe storage time to complete the counting of polls next door. as the day progressed. The exceptions to Justice Wood agreed. this rule were the continuous and write- in ballot polls. Due to the nature and the

86 Volume II, Report on the Conduct of the October 8, 2013 Provincial General Election and Recommendations for Legislative Change number of the ballots to be counted, the a. In guidelines provided to poll table assigned these two polls six hour officials conducting the count to count these two polls alone. of the write-in and continuous Time Polls Completed polls on election day, ENS had 9:50 0 suggested that a ballot filled out in 10:20 1 this manner be rejected. 10:50 5 b. Justice Wood agreed that ballots 11:30 10 marked in this manner should be 12:30 15 rejected on the grounds that: 1:10 20 i. Without identifying a registered 2:00 25 party running a candidate in 2:50 30 the Kings North election, it 3:30 35 was inconclusive who the voter 4:20 40 intended to vote for in Kings 5:10 48 North; and therefore ii. The ballot should be rejected. Decisions by Justice Wood on 3. Write-in Ballot cast properly but with accepted and rejected ballots of marks on the front of the ballot that consequence could be construed as initials that 1. Write-in Ballot cast with a registered could identify the voter casting the party’s name and a candidate’s name ballot. that was not contesting the election 4. An election day style ballot cast in Kings North. properly but with marks on the back a. In guidelines provided to poll of the ballot that could be construed officials conducting the count as initials that could identify the voter of the write-in and continuous casting the ballot. polls on election day, ENS had 5:20pm suggested that a ballot filled out in Justice Wood completes his Summary this manner be rejected. Statement of the Polls for the District of b. Justice Wood decided that ballots Kings North and compares his totals to marked in this manner should be those compiled by the ACEO on an excel accepted on the grounds that: spreadsheet. i. It was clear that the voter’s Justice Wood addresses those intent was to cast a valid vote; present and confirms the valid votes ii. It was clear that the voter cast for each candidate: identified the party he/she Progressive Conservative candidate wished to vote for; John Lohr 2,903 iii. The writing in of the name New Democratic Party candidate of the candidate was not Jim Morton 2,882 mandatory; and therefore, Liberal Party candidate iv. The ballot should not be Stephen Pearl 2,787 rejected because the candidate’s Green Party candidate name was not recognizable. Mary Lou Harley 362 2. Write-in Ballot cast with the name of A copy of the media release can be found a candidate that was contesting the in Appendix E. election in a neighboring electoral Signed copies of the Official Results district to Kings North without were prepared and provided to the identifying a registered party’s name. interested parties present.

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Awarding of Costs were used in the Continuous poll. It was With respect to making such order found in the review that there was an as he considered fit respecting costs, addition error when summing the totals including the disposition of money for the ballots cast for Jim Morton. This deposited as security for costs, he asked addition error led to 11 additional ballots the representatives of the candidates counted for the candidate. and the counsel for Elections Nova Of the 8,972 ballots cast, a relatively Scotia if they wished to petition for small number of ballots cast were costs. Both the counsel for the PC and reconsidered by Justice Wood. Of NDP candidates suggested they didn’t the 803 write-in ballots cast in the think they were inclined to ask for Write-in and the Continuous Polls, 4 costs to be awarded but asked if they ballots (0.5% of the ballots cast) were could have some time to reflect on the reconsidered. Of the 8,169 “regular” question of costs before responding. ballots cast in 44 election day and 4 The counsel for ENS responded he advance polls, 2 ballots or 0.025% of the would discuss the matter with the Chief ballots cast were reconsidered. Electoral Officer. Justice Wood stated Debrief of the Returning Officers he would reserve his decision on costs acting as DROs and ENS staff present at until Friday, October 25th, 2013 and gave the recount all interested parties until then to make Rather than carry out a formal submissions to him on this issue. debrief immediately after the close of Ultimately, Justice Wood did not recount, ENS decided to give those who award costs and ordered the NDP participated an opportunity to think candidate’s deposit as security for costs about what they would consider to be returned to the candidate. improve the process and spend an hour writing down their thoughts on what Concluding Remarks they would do: Justice Wood thanked all those who • To make it better, faster, cheaper participated in the recount process more accurate? for their professionalism and for their • As an RO to prepare during the time and declared the recount process election in order to get through a concluded. judicial recount as well or better that 6:00pm the Kings North judicial recount? Courtroom 3 was restored to its pre- All returning officers felt that the recount configuration and all election- process ran smoothly and efficiently related materials had been secured as planned. The provision of a spare off-site for return to ENS headquarters. returning officer to substitute for Comparison of Results – Official members of the five teams that could versus Recount by Poll use a break from time to time was appreciated but under-utilised, largely From time to time we have been because the members of each team asked “How much of a change in results felt a personal obligation to continue can you expect to see with a recount?” the tasks presented. In future, the Appendix F contains a comparison use of a spare should be part of the of the poll by poll results for the Official training of those participating and a Count versus the Recount. more systematic method of deploying The largest change in the Recount the spare should be developed and derived from the review of the implemented. Continuous Poll. Three ballot boxes

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Reflections of the counsels completion of the recount in one day representing the candidates with the presiding Justice. Similar to the questions posed to 2. The inclusion of at least one spare the returning officers and ENS staff returning officer to spell off the participating in the recount, the CEO members of the teams conducting asked Don Fraser, counsel for Jim the recount should be continued Morton and Jeff Hunt, counsel for John provided that: Lohr, their thoughts on the process and a. The substituting in and out of how we might improve it. A copy of this the spare is part of the training draft report was provided to them in provided to the teams in advance; advance of those discussions. and, Appendix G contains the comments b. A better way of utilizing the provided by Jeff Hunt, counsel for John spare(s) is developed and Lohr. implemented. 3. The set up and role play of a mock Reflections of Justice Wood recount table with counters and The CEO requested and Justice Wood observers should be introduced as agreed to set aside a time slot to discuss part of the briefing for candidates and his overall thoughts on the recount their team members participating process. A copy of this draft report was in the recount the day before the provided to Justice Wood in advance of recount. those discussions. 4. Post a copy of this report on the ENS Appendix H contains the comments website and provide hard and soft provided by Justice Wood to the CEO. copies to the registered parties for ENS reflections on the Recount their files and future reference if and Process when the need arises in future. Based on the comments received in the reports mentioned above, the Direct cost associated with following suggestions should be conducting the Kings North considered for future judicial recounts. Recount 1. For the reasons outlined in The direct costs to ENS associated Justice Wood’s comments in with conducting this recount are Appendix I, the continued use estimated to be $14,290. of a provincial courtroom as the Although the salaries associated with venue for conducting a recount is ENS full time and contract staff are not recommended provided that: included in this breakdown, the overtime a. The number of ballots (9,000) costs associated those staff that get paid and polls (48) to be counted overtime are included. are approximately the same or marginally greater than those experienced in Kings North; and, b. The courtroom provided is of sufficient size to permit the use of a minimum of five tables. If either of these conditions cannot be accommodated, the CEO should discuss the merits of using an alternative site that would permit the use of five or more tables and the

Election Calendar 2013

Writs Issued, Notice of Election issued Day 31* Sept 7 Returning Offices open and operational Voting at Continuous Poll commences Voting by in-district and out-of-district Write-in Ballot commences Target Enumeration begins Candidate Nominations open Day 29 Sept 9 Certification of the Preliminary List of Electors Preliminary Lists provided to each registered party and independent candidate Voter Information Cards mailed to all registered electors Campus Poll voting begins Day 15 Sept 23 Candidate Nominations close 2:00 pm Grant of Poll issued Day 14 Sept 24 Hospital voting begins Day 8 Sept 30 Hospital voting ends at 5:00 pm Day 6 Oct 2 Campus Poll voting ends at 4:00 pm Continuous poll ends at 6:00 pm Issuing of out-of-district Write-in Ballots ends at 6:00 pm Revision ends at 6:00 pm Revised List of Electors certified and provided to each party and independent candidate Day 5 Oct 3 Advance poll 10:00 am to 8:00 pm Day 4 Oct 4 Advance poll 10:00 am to 8:00 pm Issuing in-district Write-in Ballots ends at 8:00 pm Transfer Certificates available for candidates, candidates agents or electors physically impeded from voting at their assigned polling station Day 3 Oct 5 Official List of Electors certified and provided to each party and independent candidate Transfer Certificates available to election officers appointed after the last day of the advance poll to vote at their assigned polling station Day 2 Oct 6 Election Day 8:00 am to 8:00 pm All write-in ballots must be returned to the Returning Office by 8:00 pm Day 0 Oct 8 Official Addition 10:00 am Day -2 Oct 10 Return of the Writ Day -10 Oct 18 electionsnovascotia.ca

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