Item - 2020.EX16.8

The Executive Committee recommends that:

1. City Council direct the City Clerk to cease any further work on Ranked Ballot Elections for the 2022 Municipal Election, as previously directed in Item GV5.1 on November 26 and 27, 2019.

2. City Council request the City Clerk to evaluate alternative voting methods used in other jurisdictions that may provide electors with additional options during a pandemic and to report back to City Council by May 1, 2021 as required.

3.  City Council request the City Clerk to provide regular updates to the Executive Committee on the procurement process to acquire new equipment for future elections.

The City Clerk gave a presentation on 2022 Election Preparation Activities: The Impact of COVID-19 and The Ward Structure.

The purpose of this report is to update City Council on the planning and preparation underway in advance of the October 2022 municipal election, particularly as it relates to the unexpected challenges posed by the COVID-19 pandemic and its impact on a number of election initiatives.

COVID-19 remains an ongoing concern, and health experts believe there may be additional waves of the virus for months or years to come. All aspects of 2022 election planning must shift to accommodate the reality of this global pandemic, which will have significant effects on programs, procedures, and technology. This report focuses on the pandemic's impact on election initiatives that may require Council consideration, including the acquisition of new voting equipment, preparation for Ranked Ballot Elections, and the exploration of alternative methods of voting.

The City's current vote counting equipment has reached the end of its life and a competitive procurement process is underway to acquire new equipment for use in the 2022 election. The City Clerk will further report to Council with recommendations resulting from this process. However, the pandemic has introduced new risks that may impact the acquisition of new equipment in time for its use in the 2022 general election and short-term options are therefore also being explored to mitigate these risks, if required.

This report also describes how the delays and risks introduced by the pandemic now mean that the pre-conditions required for Council to authorize Ranked Ballot Elections can no longer be fulfilled in accordance with the legislative and regulatory requirements for implementation in the 2022 election. The report therefore recommends that Council request the City Clerk to cease work on fulfilling the pre-conditions required to allow for possible Ranked Ballot Elections in 2022. If Council wishes to implement Ranked Ballots in the 2026 general election, Council can direct the City Clerk to begin fulfilling the legislative pre-conditions immediately following the 2022 election for possible implementation in 2026.

The COVID-19 pandemic is likely to have long-term impacts on the ways in which electors feel comfortable voting, and the report describes how the City Clerk is undertaking research into leading practices on safe voting during a pandemic. This includes rethinking the function and operation of voting places during an election and exploring alternative methods of voting that allow electors to cast ballots without having to attend at a voting place. Should alternative methods of voting be pursued, the City Clerk will report back to Council to ensure that any necessary by-laws are passed in time for their implementation in the 2022 general election.

Finally, the report notes that there is still uncertainty about the City's future ward structure. The Supreme Court of Canada has agreed to hear the City's legal challenge to Bill 5, Better Local Government Act, 2018—which reduced the number of Toronto wards from 47 to 25—but a decision is not expected until mid- to late 2021. Election planning for 2022 must therefore account for both 25 and 47 ward scenarios, adding further complexity to COVID-19 contingency planning.