Preparing for Worst-Case Scenarios in Ontario Municipal Elections

Municipal elections are a cornerstone of democracy, ensuring that local governments are representative of their communities. However, the integrity of these elections can be threatened by unforeseen events, ranging from technological failures to natural disasters.

Proper planning is important to minimize the impact of unplanned, unexpected events on elections. Drawing on my legal experience and having been responsible for two municipal elections, I will outline a few key considerations for Municipal Clerks and election teams in this blog.

Understanding Potential Disruptive Scenarios

Municipal elections involve a myriad of logistics, including setting up physical polling stations, preparing and securing ballots, updating voter lists, managing human interactions between election staff and authenticated electors, and so much more.

There is a seemingly endless stream of potential disruptions that could impact this important democratic event, but they can be summarized into the following buckets of challenges:

• Technological Failures: Cyber attacks or system malfunctions can disrupt the voting process, leading to privacy breaches, delayed results, as well as candidate and voter frustration, particularly in online voting situations.

• Natural Disasters: Storms causing major flooding or other damage can severely impact election logistics, preventing voters from accessing polling stations or knocking out electricity to critical systems.

• Security Threats: Violence or intimidation can compromise the safety of voters and election officials, potentially decreasing voter turnout.

• Health Threats: Pandemics, like COVID-19, can dramatically impact the ability to deliver voting in-person as part of local elections effectively and efficiently.

• Resource Challenges: Insufficient staffing and financial resources can jeopardize the smooth operation of election processes.

To effectively navigate these potentially disruptive challenges, municipal clerks develop a risk assessment index to identify, analyze, and prioritize potential risks. A visual representation of risks that maps local challenges on a 2x2 matrix of ‘likelihood to occur’ and ‘impact’ (if it does occur) can assist when communicating these issues to senior management, Council, and the public.

Legal Authority in Election Emergency rests with the Municipal Clerk

Section 53 of the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched. empowers municipal clerks to declare an emergency “if circumstances have arisen that are likely to prevent the election being conducted in accordance with this Act.”

Once an emergency is declared, municipal clerks have authority to implement necessary arrangements, provided they align with the Act’s principles. These arrangements take precedence over conflicting provisions within the Act or its regulations. The emergency status remains in effect until the clerk officially declares its end, and decisions made in good faith cannot be legally challenged for perceived unreasonableness.

This framework ensures clerks can act decisively to safeguard electoral integrity during crises; however, clerks should consider how this approach will integrate with existing municipal emergency procedures and operational protocols.

Plan the Work, Work the Plan

Contingency, continuity, and emergency planning for election integrity is often ongoing for those charged with this important task—not undertaken just a few months before an election. Planning on an ongoing basis allows election teams to prepare procedures and policies, allocate appropriate resources, and ultimately respond swiftly to crises, minimizing risks and potentially preventing widespread disruption. Effective preparedness fosters public confidence in elections, reassuring residents that the processes are secure, well-managed, and resilient.

Training and simulation exercises are vital for preparing election teams for real-time disruptions. This practical experience allows teams to plan and practice their responses, identify areas for improvement, and perhaps most importantly, develop the decision-making frameworks to flexibly respond to unanticipated issues as they arise. After all, not all incidents will fit neatly into a pre-determined list of eventualities. For example, what happens if a candidate is caught on a doorbell camera defacing an opponent’s sign?

This ongoing planning process also includes creating and strengthening collaboration networks of municipal clerks and elections teams across Ontario. Sharing knowledge, procedures, plans, and resource-sharing approaches, can help create a more resilient municipal electoral framework. Working together to develop collaborative solutions strengthens the ability to respond to crises effectively and efficiently. In my experience, clerks are more than happy so you do not have to reinvent the wheel.

Effective Communication Strategies

During an election crisis, effective communication is crucial. Clerks must develop strategies to keep key stakeholders informed, coordinate actions, and manage public perception. Important questions should be considered in advance, such as whether the election team will engage in social media and, if so, to what extent. The advent of Artificial Intelligence means that the sheer volume of misinformation online may be difficult to manage for even the most well-resourced teams. But addressing misinformation or at least providing a source of accurate and trusted facts that residents can access may assist in maintaining transparency and credibility in the electoral process.

Post-Election Debrief and Analysis

Conducting a post-election debrief allows election teams to analyze the effectiveness of their contingency, continuity, and emergency planning. This reflection is vital for understanding what worked and what needs improvement for future elections. Incorporating lessons learned from past experiences ensures continuous improvement and adaptation for future elections.

Conclusion

By implementing these strategies, Municipal Clerks and their teams can ensure that they are well-prepared to handle potential worst-case scenarios in Ontario municipal elections. Preparedness not only safeguards the electoral process, but also fosters public confidence, ensuring that elections remain fair and transparent. In today’s political environment, this is more important than ever.