Election Resources

1.0 Purpose

• This establishes the City of Hamilton's procedure whereby nominated candidates may appoint a scrutineer to act on their behalf by observing the election process, and any subsequent recount to ensure that it is conducted in accordance with the principles of the Municipal Elections Act, 1996.

2.0 Application

• This procedure applies to election officials designated by the City Clerk, nominated candidates and electors during City of Hamilton municipal elections, and/or by-elections.

3.0 Legislative Authority

• The City Clerk has the authority to provide for any matter or procedure that is not otherwise provided for in an Act or regulation and that, in the City Clerk's opinion, is necessary or desirable for conducting the election. Reference: MEA s.12 
• Certified Candidates may appoint scrutineers to represent them during voting and at the counting of votes. Reference MEA s. 16.
• Scrutineers, under the Municipal Elections Act, have rights, abilities, and requirements during both the advance vote period and on election day Reference: MEA s. 43; 47- 49, 52, 54.

4.0 Procedure

Appointment Process

• To appoint an individual to act as a scrutineer on their behalf, nominated candidates must obtain an ‘Appointment of Scrutineer’ form through the City Clerks office, or online on the Candidate Portal or City of Hamilton website, and complete the form in its entirety. Reference MEA s. 16(4)
• The ‘Appointment of Scrutineer’ form must stay with the scrutineer and can be used in conjunction with valid identification: in the voting place; during institutional, community and ballot-on-demand ballot feeding; during the production of advance vote results on election night and during a recount.
• There are no restrictions on who can be appointed as a scrutineer (for example, a scrutineer can be any age and does not have to be a citizen). However, an acclaimed candidate cannot be appointed as a scrutineer for another candidate.

Process at the Voting Place 

• Upon their arrival to the voting place or vote tabulating centre, the scrutineer must present their written appointment and personal identification to election officials at the voting place.
• Once election officials have verified the written appointment and identification, the scrutineer will be required to take an oral “Oath of Secrecy”.
• Only one scrutineer per candidate may be at each voting place for each piece of vote-counting equipment in use at the voting place. Reference MEA s. 43(4)(3).
• Candidates who enter the voting place are considered to be scrutineers and must present identification to the election official. Reference MEA s. 47 (2).

General - Rights and Restrictions:

• Scrutineers and candidates can: 
  • Enter the designated place 15 minutes before it opens and inspect the vote tabulator stand, the ballots and all other election documents but not so as to delay the process. Reference MEA s.47(5)(b)
  • Object to an elector voting in the voting place Reference: MEA s. 52(2)
  • Sign the statement of the results of the election where applicable Reference MEA s.47(5)(g)
  • Place their seal on the ballot box after the close of voting each day during the advance vote and on election day in the voting place. Reference MEA s. 47(5)(c)
• Scrutineers and candidates cannot: 
  • Attempt, directly or indirectly, to interfere with how an elector votes or with an elector who is marking a ballot in the voting place. Reference: MEA s.48(1); 49(2)(a)
  • Display a candidate's election material (including buttons, ribbons, pins, etc.) in the voting place Reference: MEA s. 48(2)
  • Compromise the secrecy of voting Reference: MEA s. 49(1)
  • Obtain or attempt to obtain, in the voting place, any information about how an elector intended to vote or has voted Reference: MEA s. 49 (2)(b)
  • Communicate any information obtained in the voting place about how an elector intends to vote or has voted Reference: MEA s. 49 (2)(c)
  • Speak to or provide assistance to any electors in the voting place 
  • Act as an interpreter (an elector must make their own arrangements)\
  • Use a cell phone in the designated voting place 
• Election officials have the right to remove from the designated place any individual who is causing a disturbance. Candidates and scrutineers forfeit their right to be present if they disrupt the designated place or interfere with the voting or vote counting process.

5.0 Related Policies/Procedures/Guidelines

• Identification Requirements for Candidates
• EO-23-23 Candidates and Scrutineers in the Voting Place

6.0 Application Legislation

• Municipal Elections Act, 1996, S.O. 1996, CHAPTER 32

7.0 Revision History

• February 2022 - Policy Approved
• June 2022 - Policy Reviewed
• January 2026 - Policy Updates to reflect poll types 

1.0 Purpose

• This establishes the City of Hamilton's procedure for issuing, certifying, and processing a voting proxy application.

2.0 Application

• This procedure applies to election officials designated by the City Clerk and electors during City of Hamilton municipal elections, and/or by-elections.

3.0 Legislative Authority

• The Municipal Elections Act, 1996 (MEA) provides eligible electors with the authority to appoint another person to act as their voting proxy should they be unable to attending a voting location on a voting day. Eligible electors are required to use prescribed forms to appoint a voting proxy, and the prescribed form must be certified by the Clerk. Reference: MEA s. 44(1)

4.0 Policy

Definitions In this procedure:

• “MEA” means the Municipal Elections Act, 1996, as amended.
• “Voting Day” means Advance Polls, Community Polls, Ballot on Demand  Polls and Election Day.
• “Voting Proxy” means the person appointed by an elector to vote on their behalf.

General

• The appointment of a voting proxy can only be made after the City Clerk has certified all qualified candidates and remains in effect until election day. Reference: MEA s. 44 (4)(b) (4.1)
• Copies of the proxy application are public documents, which may be inspected by any person upon request to the City Clerk. Documents will be retained and destroyed in a manner consistent with the Municipal Elections Act. Reference: MEA s. 88 (1)

Eligibility

• Any qualified elector in the City of Hamilton may appoint another qualified elector as their voting proxy. Reference: MEA s. 44 (1)
• A person is entitled to be an elector in municipal election in the City of Hamilton, if on voting day they:
  • reside in the local municipality or is the owner or tenant of land there, or the spouse of such owner or tenant;
  • are a Canadian citizen;
  • are at least 18 years old; and
  • are not prohibited from voting under subsection (3) or otherwise by law Reference: MEA s. 17(2)
• An eligible elector may act as a proxy for:
  • one other qualified elector who is not a relative; Reference: MEA s. 44 (2) or 
  • one or more qualified electors who is a relative, defined in the Municipal Elections Act, 2001 as spouses, siblings, parents, children or grandparent and grandchild. Reference: MEA s. 44 (3)
  • Note: If acting as a proxy for more than one qualified elector who is related, a separate proxy application must be used for each for each person.
• Both the elector making the proxy appointment and the voting proxy are required to provide identification proving that they are qualified electors in the City of Hamilton, consistent with the documentation identified in EO-19-22 Identification Requirements for Electors Policy.
• Both the elector making the proxy appointment and the voting proxy are required to be on the Voters’ List.
  • To be added to the Voters’ List, an Application to Amend the Voters’ List must be completed by the elector.

5.0 Requesting a Proxy Application

• An elector who wishes to appoint a voting proxy may:
  • contact the election office by phone at 905-546-4365 or email at [email protected] to request a Form 3: Appointment of Voting Proxy;
  • download a copy of the Form 3: Appointment of Voting Proxy
  • request a Form 3: Appointment of Voting Proxy at a Municipal Service Centre during regular business hours, or
  • obtain a Form 3: Appointment of Voting Proxy in person from the Office of the City Clerk:
    • 8:30 am to 4:30 pm, Monday to Friday, excluding statutory holidays, or 
    • 8:30 am to 5:00 pm on any day of an advance vote occurring during regular business days, or
    • 12 noon to 5:00 pm on any day of an advance vote when the City Clerk's Office is not normally open. Reference MEA s. 44(6)
• The voting proxy may request a proxy application on behalf of the elector who is making the appointment.
• Candidates may refer any proxy requests they receive to the City Clerk.

6.0 Completing a proxy application

• The elector making the proxy appointment shall complete the required sections of the proxy application. They must identify themself, identify the voting proxy and attest to their relationship, if any.
• The information of the voting proxy must be completed at the time the elector making the appointment signs the statement.
• The elector making the proxy appointment shall provide their appointee with the completed proxy application, a completed amendment application (if required) and their identification or a photocopy of their identification to the voting proxy.

7.0 Certifying a proxy application

• The voting proxy shall present the completed proxy application, identification of the elector making the appointment and an original of their identification, in person, to the City Clerk or designated election official, at the Office of the City Clerk, 71 Main St W, Hamilton Ontario:
  • 8:30 am to 4:30 pm, Monday to Friday, excluding statutory holidays, or 
  • 8:30 am to 5:00 pm on any day of an advance vote occurring during regular business days, or 
  • 12 noon to 5:00 pm on any day of an advance vote when the City Clerk's Office is normally not open. Reference MEA s. 44(6)

8.0 Process at the Voting Place 

• The voting proxy will take the certified proxy application to the voting place of the elector making the appointment.
• The Deputy Returning Officer shall ask the voting proxy to present the certified proxy application, along with their acceptable identification. The voting proxy is not required to present the identification of the elector making the appointment.
• To be valid, the certified proxy application must be completed, signed by the designated election official and feature the Election Office Stamp.
• The Deputy Returning Officer shall verify that the voting proxy's identification matches the information on the certified proxy application.
  • If the voting proxy's identification matches, they will be asked to take the oath on the proxy application affirming they are the appointed voting proxy. They will then be given a ballot and can proceed to vote.
  • If the voting proxy's identification does not match or the voting proxy does not present acceptable identification, they will not be issued a ballot. The voting proxy must return with acceptable identification. 
• If the voting proxy is an eligible elector entitled to vote in their own right at the same voting place as the elector making the appointment, the designated election official may issue both ballots at the same time.

9.0 Applicable Legislation

• Municipal Elections Act, 1996, S.O. 1996, CHAPTER 32
• Ontario Regulation 101/97-General (made under the Municipal Elections Act)
• Ontario Regulation 304/13- Voter Identification (made under the Municipal Elections Act)

10.0 Revision History

• June 2022 - Policy Approved
• January 2026 - Updated to reflect Poll types.

1.0 Purpose

• This policy outlines the authority of the City Clerk during an Election pursuant to the Municipal Elections Act, 1996.

2.0 Application 

• This policy applies during City of Hamilton municipal elections and by-elections to an office on council or a school board, an election to obtain the assent of electors to a by-law, and to an election to obtain the opinion of the electors on any question on the ballot.

3.0 Legislative Authority

• The powers of the City Clerk, include the power to provide for any matter or procedure that is not otherwise provided for in an Act or regulation and that, in the City Clerk's opinion, is necessary or desirable for conducting the election. Reference MEA s.12(1).
• The powers referenced above include the power to establish forms, including forms of oaths and statutory declarations, and the power to require their use. Reference MEA s.12(2).
• The City Clerk may delegate any of their powers and duties in relation to an election to any other election official, as they consider necessary. Reference MEA s.15(2).

4.0 Policy

• The City Clerk will provide procedures necessary to conduct an election in a manner that reflects the principles of the Municipal Elections Act, 1996 (“MEA”) and its Regulations, which are generally recognized as:
  • the secrecy and confidentiality of the voting process is paramount;
  • the election shall be fair and non-biased;
  • the election shall be accessible to the voters;
  • the integrity of the voting process shall be maintained throughout the election;
  • there is to be certainty that the results of the election reflect the votes cast;
  • voters and candidates shall be treated fairly and consistently; and
  • the proper majority vote governs by ensuring that valid votes are counted and invalid votes are rejected so far as reasonably possible.
• The City Clerk will appoint designated election officials for the purpose of implementing election procedures and shall designate their titles and duties in writing.

5.0 Legislation

• Municipal Elections Act, 1996, S.O. 1996, CHAPTER 32

6.0 Revision History

• October 2023 - Policy Approved
• January 2026 - Policy Reviewed