PROC's recommendations and Election Canada's election activities – CEO Appearance on the 44th General Election before the Standing Committee on Procedure and House Affairs

Key Messages

• The delivery of the 44^th general election (GE) aligned closely with most of the recommendations in the final report of the Standing Committee on Procedure and House Affairs (PROC) study on conducting an election during the pandemic.
• This includes updated health and safety measures for electors and elections workers, consultations with long-term care facilities, vote-by-mail service, and an extended public communications and Voter Information Campaign.
• In two instances, election delivery did not align with PROC's recommendations. These included their recommendations to offer a vote-by-phone option and to offer in-person registration for special ballots at Canada Post outlets. The recommendations were not pursued for legal and operational reasons.

Facts

EC's election activities^{footnote 1}

1. Health and safety measures:

   • The agency's overarching priority was to ensure that Canadians would feel safe participating in the election, whatever their role. EC developed safety measures in consultation with federal, provincial and territorial public health authorities, as well as with provincial and international electoral management bodies that were themselves preparing for pandemic elections.
   • The agency also updated or created new reference materials to guide election workers on how to implement changes to operations in the field. To comply with physical distancing measures, EC developed a model for providing in-person voting services using a single poll worker, replacing the two-person model traditionally used in elections. Training guides and staffing instructions were revised accordingly.

2. Voting in long-term care facilities:

   • Given the varying and evolving circumstances at each long-term care facility across the country, it was necessary to implement a range of alternatives to the traditional mobile poll. As part of their readiness activities, returning officers were instructed to consult the administrators of long-term care facilities in their electoral districts (EDs) to determine which voting options could be offered to residents.

3. Vote-by-mail services:

   • EC developed a system that allowed electors to request their special ballot kit online and upload the required proof of identity and address. EC also added a feature that enabled electors to check the status of their special ballot kit request. In addition, if an elector provided an e-mail address during the application process, they would receive a confirmation when their completed special ballot was received at the local office.
   • EC used every opportunity to explain the range of safeguards in place to ensure the integrity of special ballot process. That voting process was featured in the agency's first ever digital electoral safeguards campaign, which included paid and organic messaging intended to preserve trust in the electoral process and address false narratives being observed in the information environment. This campaign included infographics, videos, and website site content explaining the special ballot process and the integrity checks built into it. The agency launched a special ballot tracker, which was updated throughout the election period to provide increased transparency, held technical briefings with political parties and the media, and invited observers to watch the count of special ballots at the agency's processing centre in Ottawa and at local offices. The agency also reviewed its business processes and augmented its capacity to respond to enquiries from electors.
   • Drop boxes designated to receive special ballots were added to polling places on election day.

4. Public communications and the Voter Information Campaign:

   • The agency expanded its Voter Information Campaign to address several key strategic objectives. The first was to make sure that electors who preferred to vote in person at their assigned polling station would be confident that they could do so safely. The second was to promote the option of voting by mail to electors who could not, or did not want to, vote in person. The third was to explain, well in advance of election day, why results in some EDs might not be known on election night.

PROC's Recommendations

PROC's final report Protecting Public Health and Democracy during a Possible Pandemic Election, tabled on February 26, 2021, included 13 categories of recommendations from the committee, as well as a number of supplementary recommendations from the Conservative Party (CPC), the Bloc Québécois (BQ), and the New Democratic Party (NDP). PROC's categories of recommendations include:

1. Health and safety:

   That EC recognize and consider COVID-19 in its planning and operationalizing of an election during the pandemic, including making efforts to ensure contact tracing in all EDs, and a requirement for political parties to publish a pandemic preparedness plan.

2. Duration of the election period:

   The committee did not make a recommendation with respect to the length of the election period.

   • However, the CPC and BQ included supplementary recommendations that the government set the maximum allowable election period.

3. Electoral advisory body:

   That the Advisory Committee of Political Parties (ACPP) consult and receive guidance from federal, provincial and territorial public health authorities on running an election during the pandemic, and that a broader stakeholder advisory group consult and gain input on individuals who are disproportionately at risk of negative health outcomes due to COVID-19. It was also recommended to work with the Chief Electoral Officer (CEO) and public health authorities to determine how best to support these individuals in voting.

4. Administering the vote to electors facing barriers:

   The committee made a number of recommendations related to Indigenous electors, persons with disabilities, Canadians living in poverty, and new Canadians. The recommendations focussed on access to alternative voting methods, consultation with communities and stakeholder groups to provide information and increase access, and communication about voting options. In the report, PROC noted that it did not wish to make recommendations related to students at this time.

   • In its supplementary recommendations, the NDP supported and reiterated recommendations related to outreach and planning with Indigenous communities, as well as with disability stakeholder organizations, in order to help overcome long-standing barriers and those created by the pandemic.
   • The NDP also reiterated its recommendation from the interim report that EC should maintain the Vote on Campus Program.

5. Voting by mail:

   The committee made several recommendations related to voting by mail. It advised EC to prepare for a potential influx of mail-in ballots, including by developing an online application system, offering easier methods for electors to prove their identity, and offering access to drop boxes. The committee also made recommendations related to tracking and reconciling special ballots distributed and received.

   • The NDP reiterated its supplementary recommendation that EC create an online application process and that it partner with Canada Post for in-person registration for special ballots at postal outlets.

6. Campaigning:

   That the ACPP consult and receive guidance from federal, provincial and territorial public health authorities and stakeholder groups representing populations who face a high risk of COVID-19 to establish guidelines for campaigning.

7. Communication with the public and stakeholders:

   That EC clarify the roles and responsibilities of stakeholders and offer clear messaging to electors, particularly to Indigenous electors and others who face barriers, about voting methods, health and safety measures at polling places, and instructions for those self-isolating or who have tested positive for COVID-19.

8. Voting under quarantine:

   That EC develop a plan on how voters required to quarantine within two weeks of election day will be able to vote.

9. Voting by phone:

   That EC explore options for establishing a vote-by-phone option.

   • In their supplementary recommendations, the CPC and BQ noted their disagreement with this recommendation.

10. Election workers:

    That EC develop a recruitment strategy that considers the need for more workers and contemplates scheduling changes, shorter shifts, and health and safety protocols.

11. Conduct of the election:

    The committee listed a number of recommendations relating to health and safety of polling sites, including set-up, cleaning, health protocols like physical distancing and use of PPE, and training on health and safety protocols. It also recommended that the government make rapid testing available and amend the Canada Elections Act to allow for the electronic collection of signatures for candidates' nominations.

12. Royal prerogative of dissolution:

    That the government commit to not calling an election during the pandemic unless defeated on a non-confidence motion.

13. Miscellaneous recommendations:

    That EC increase resources to respond to voter inquiries and ensure a heightened effort to combat disinformation about elections.

Additional supplementary recommendations from the parties included:

• Long-term care:

  • The CPC recommended that EC consult extensively with long-term care homes to determine safe ways to conduct the election, including consideration of how rapid testing of election workers could increase the safety of residents. The CPC also recommended that the length of time spent with long-term care residents and the amount of time spent in facilities by election workers be kept to a minimum.
  • The BQ reiterated that the CEO be authorized to determine when and how the voting will take place in long-term care facilities.

• Other:

  • The BQ noted that Bill C-19 does not prohibit the release of new polls or election advertising during the entire ordinary voting period, which the bill increased to three consecutive days.
  • The BQ also reiterated its recommendation that polling day be replaced by a two-day polling period, on Saturday and Sunday, with 16 hours spread over two days.
  • The CPC suggested that measures in PROC's report or in resulting legislation expire once the pandemic is deemed over, or after two years, whichever is sooner.