Bill C-76 Elections Modernization Act – changes implicating electronic voting

April 30, 2018 – 42nd Parliament, 1st Session – Bill C-76 Elections Modernization Act

The proposed changes to section 18.1:

  • a specific section 18.1(3) providing that the Chief Electoral Officer “shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election”
  • in 18.1(4) the removal of the requirement that using electronic voting (“voting technology”) require the approval of the full Senate and House of Commons

It’s a bit unclear what the difference is between 18.1(2) “alternative voting process” and 18.1(3) “voting technology”.  Can an alternative voting process include new technology?  I have to assume so, particularly given how it is framed in the Chief Electoral Officer’s recommendations.  (There is no definition provided in the bill for “alternative voting process”).

In An Electoral Framework for the 21st Century: Recommendations from the Chief Electoral Officer of Canada Following the 42nd General Election, Table A—Recommendations Discussed in Chapters 1 and 2, A15. 18.1 it says “The distinction between the approval requirement for testing an electronic voting process and any other alternative voting process should be removed”.

Proposed Changes

2014, c. 12, s. 8
15 Sections 18.‍01 and 18.‍1 of the Act are replaced by the following:
International cooperation
18.‍01 The Chief Electoral Officer may provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
Voting studies
18.‍1 (1) The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting means.
Alternative voting
(2) The Chief Electoral Officer may devise and test an alternative voting process for future use in an election.
Voting technology — electors with a disability
(3) The Chief Electoral Officer shall develop, obtain or adapt voting technology for use by electors with a disability, and may test the technology for future use in an election.
Prior approval
(4) Neither an alternative voting process nor voting technology tested under subsection (2) or (3) may be used in an election without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters.

Existing Text

Clause 15: Existing text of sections 18.‍01 and 18.‍1:
18.‍01 The Chief Electoral Officer may, at the Governor in Council’s request, provide assistance and cooperation in electoral matters to electoral agencies in other countries or to international organizations.
18.‍1 The Chief Electoral Officer may carry out studies on voting, including studies respecting alternative voting processes, and may devise and test an alternative voting process for future use in a general election or a by-election. Such a process may not be used for an official vote without the prior approval of the committees of the Senate and of the House of Commons that normally consider electoral matters or, in the case of an alternative electronic voting process, without the prior approval of the Senate and the House of Commons.

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