Candidate Questions & Answers
Ministry of Municipal Affairs and Housing Candidates Guide
Municipal Elections Act, 1996, S.O. 1996, C. 32 Sched
Can candidates have scrutineers at the Voter Help Centre and Nursing Home?
The 2022 Elections Manual states:
Appointment - by candidate – qualification
A candidate may appoint scrutineers to represent him/her during the zero (0) count audit and receipt of voting results, including during a recount.
The appointment shall be made using the “Appointment of Scrutineer by Candidate” FORM EL 12(A). The forms to appoint scrutineers, must be signed by the candidate in person at the Municipal Office. The candidate shall be asked for proof of identity. The candidate shall provide the signed form to their scrutineer.
Number - per candidate - in Voter Location Centre - one only
Only one certified candidate or his/her appointed scrutineer may be in attendance at the Voting Location Centre and for the receipt of voting results.
The scrutineer/candidate must take an “Oral Oath of Secrecy” FORM EL 12(B) at the Voter Location Centre and at the receipt of voting results.
Page 144 of the manual has a section “Conduct of Scrutineers” which outlines some more information on this topic, including: Scrutineers/candidates wishing to observe the receipt of the voting results MUST be at the Voting Location Centre prior to 8:00 p.m. No one will be admitted to the Voting Location Centre after 8:00 p.m. Once admitted to the Voting Location Centre, no one shall be permitted to leave until the voting results have been received and the Vote Count Summary Report (supplied by the provider) has been signed by all in attendance.
It should be noted that in our municipality we don’t have “advanced voting” at a Voting Centre, we have a Voter Help Centre - which is different and doesn’t qualify as a Voter Centre in this situation. Similarly, we don’t have a Voter Centre set up at the Nursing Home. If candidates wished to have scrutineers, they would only be required on Voting Day at the Voting Centre in Council Chambers.
On October 24th, are candidates and incumbents (along with their spouses and partners) allowed to remain at the Voting station after 8:00 p.m. to see the final results?
The Voter Center isn’t set up for people to stay there after voting. In the past the Community Centre was used for hosting candidates and their families as the counting was done, but there is not a plan to do that this year. The results will be posted on the municipal website shortly after 8:00 p.m.
What is the capacity of the Deloro Hall?
Fire Chief Tony Brownson states that the maximum capacity of Deloro Hall is 95 with non fixed tables and chairs.
If an expense is incurred but for whatever reason, the product was not used in the campaign, must that expense still be reported?
Yes it does, any expenses related to the election must be reported.
Can community groups rent municipal facilities for all candidate meetings?
Organizations who are providing an event for all candidates to attend and introduce themselves as well as provide information on their campaign platforms are permitted under certain circumstances.
They cannot exclude any candidate from participating
They cannot endorse any candidates
The Municipality will provide a rental space for organizations for this type of event.
What is the process for a private road to be assumed by the municipality?
The policy for the municipality to assume a private road is outlined in Bylaw 2009-06.
What are the rules around campaigning on municipal property?
The rules around campaigning on municipal property are outlined in the Corporate Resource for Election Policy, which is included in the nomination package given to all candidates. This policy states that all election candidates, members of council and third-party advertisers shall adhere to the following:
That Municipal property or facilities shall not be used for any election campaign related purposes. Election campaign-related material and signage shall be prohibited from municipal owned property and facilities.
Is there anything specific about the candidate bank account that needs to be considered?
The Financial Institution letter in your candidate package should be taken with you to the bank. It outlines that you are running in a municipal election and that you are required to open an account in the name of the campaign.
Once the campaign account is opened do I need to come in and confirm with the town?
No you don’t but make sure you keep all documents in your possession for filing your financial information. You will need to keep all documents for 4 years, until the next election.
What are the guidelines for collecting endorsement signatures?
As per the Election Act Sec. 33 (1.1) Endorsement of nominations for council
(1.1) Subject to subsection (1.4), the nomination of a person for an office on a council must be endorsed by at least 25 persons, and they may endorse more than one nomination. 2016, c. 15, s. 23 (1); 2017, c. 10, Sched. 4, s. 8 (4).
(1.2) Persons endorsing a nomination under subsection (1.1) must be eligible to vote in an election for an office within the municipality, if a regular election was held on the day that the person endorses the nomination. 2016, c. 15, s. 23 (1).
(1.2.1) For greater certainty, endorsements of a nomination under subsection (1.1) shall be collected as original signatures even if the clerk has provided for electronic filing. 2021, c. 5, Sched. 4, s. 2 (2).
(1.2.2) A person who electronically files a nomination for an office on a council that must be endorsed by at least 25 persons shall retain the copy of the document bearing the original endorsement signatures. 2021, c. 5, Sched. 4, s. 2 (2).
(1.3) The clerk is entitled to rely upon the information filed by the candidate under clause (2) (a.1), and a nomination certified by the clerk under section 35 is conclusive evidence that all conditions precedent under subsection (1.1) have been complied with. 2016, c. 15, s. 23 (1).
Also outlined in the Candidates Guide provided by the Ministry of Municipal Affairs and Housing on page 6 the following is provided; If you are running for municipal council in a municipality that has more than 4,000 electors, you must submit 25 original signatures endorsing your nomination.
You must use Form 2 to collect the endorsement signatures.
Anyone providing an endorsement signature must also fill in their name and address, including the postal code.
Anyone providing an endorsement signature must be eligible to vote in the municipality on the day that they signed the endorsement. In addition to their endorsement, they will also be required to sign a declaration that they are eligible to vote in the municipality.
A person who is eligible to vote in the municipality may provide endorsements to as many candidates as they would like and may endorse candidates for any office on the municipal council. A person who is running for a ward councillor office may submit signatures from voters who do not live in that ward.
Collection of signatures should be undertaken safely by following guidance related to and in compliance with all applicable laws and emergency orders, as well as any guidance and safety standards established by the province for COVID-19. These measures are intended to keep Ontarians safe.
If you submit 25 original endorsement signatures and find out later that a person (or persons) was not eligible to vote on the day that they signed the endorsement, you will not lose your nomination. The person who supplied false information (by declaring that they were eligible to endorse your nomination when they were not eligible) could be subject to prosecution.
If the clerk has allowed electronic filing, you must still collect the endorsement signatures in person. You can submit an electronic copy of the forms when you file your nomination. You must keep the forms with the original signatures as part of your campaign records.
School board trustee candidates are not required to submit endorsement signatures.
The Endorsement of Nomination Form (Form 2) is a public document. Endorsements of candidates cannot be revoked if the document has already been filed with the clerk.
Are the endorsement signatures obtained for nomination packages public information?
The Clerk was provided the following information from the Ministry and reviewed in the Election Act. Copies cannot be provided or published but are available for inspection in the office during normal office hours.
Section 88(5) of the Municipal Elections Act states:
(5) Despite anything in the Municipal Freedom of Information and Protection of Privacy Act, documents and materials filed with or prepared by the clerk or any other election official under this Act are public records and, until their destruction, may be inspected by any person at the clerk’s office at a time when the office is open.
Can the municipality create a page on the website where the public can ask the candidates questions?
To preserve the public trust and comply with the Municipal Elections Act, 1996, members of Council, all election candidates and agents, third-party advertisers, and all municipal staff must maintain the highest standards of ethical conduct. Therefore, the Municipality cannot get involved in the election campaign. Consequently, we don't run the Candidate's Nights or participate in questioning candidates in any form for the public.
Any member of the public or local association can run such a page or platform on their website or social media and reach out to the candidates directly.
(Updated) When are candidates permitted to start putting out signs or mailers?
Candidates are allowed to start campaigning as soon as they file their nomination papers and have opened a campaign bank account. You can hand out flyers, send out mail outs, etc., but signs may only be placed 8 weeks prior to the date of a municipal election as per the sign bylaw.
The earliest date signs can be placed would be August 29, 2022. The bylaw # is 2011-47 for your reference and has been included in the candidate’s package. The information is in section 7.8 of the bylaw.
How much can I self-fund my campaign?
Under Section 88.9.1(1.) -88.9.1 (4) contribution-own campaign, it states: on or before September 25, 2022, the clerk shall calculate the maximum amounts permitted to subsection (1), the amount is calculated by adding (ii) in the case of a candidate for an office on a council of a municipality other than the head of council, $5000 plus .20 cents for each elector entitled to vote for the office.
Candidates Contribution to Their Own Campaign
Councillor: Maximum Amounts Permitted for a Candidate = $5,000 + $0.20 per elector
Head of Council: Maximum Amounts Permitted for a Candidate = $7,500 + $0.20 per elector
How much can electors contribute to my campaign?
With regards to the contribution limits you can have more than one contribution, but each contributor cannot exceed the $1200 limit to a single candidate or $5000 in total to candidates running for offices on the same council or school board.