Ford government bans ranked choice voting by municipalities

Contents

In 2014, the Wynne government mandate letters ordered the Ministry of Municipal Affairs and Housing to give municipalities the option of using ranked ballots in the 2018 civic elections. The ministry conducted a review of the Municipal Elections Act, the Municipal Conflict of Interest Act and the Municipal Act that received more than 3,400 submissions from the public, municipal councils and staff.

In 2016 the Wynne government passed Bill 181, giving municipalities the option to adopt ranked ballots.

London used ranked ballots in the 2018 municipal election. Here’s their report on how it went.
Toronto council pushed for it in:
- 2013, but was told by the Clerk there was insufficient time before the 2014 municipal election
- 2016, but was told by the Clerk insufficient time meet ranked ballot requirements of the 2018 municipal election
- 2020, but was told by the Clerk that COVID-19 made meeting ranked ballot requirements
- They then ordered the Clerk to pre-prepare for the 2026 municipal election
Kingston and Cambridge held referendum questions on the 2018 municipal election ballot and voters said yes to ranked ballots with 62.9% (41% turnout) and 56% (32% turnout) of the vote, respectively.
Milton, Ottawa, Guelph and other municipalities voted to monitor developments in Ontario in a wait-and-see approach.

On November 20, 2020, the Ford government passed Bill 218 which removed the option (banned) for municipalities to use ranked ballots, forcing them back to using first-past-the-post.

What is ranked choice voting?

Ranked choice voting (or instant runoff voting, ranked ballots or single-winner single-transferrable vote) allows voters to vote for a candidate as their first choice, with the option to a rank their second and third choices, instead of just selecting one candidate as is done in first-past-the-post (FPTP) (or single-member plurality) electoral systems used in all the federal, provincial and municipal elections in Canada.

If no candidate receives a majority of first-choice votes, then the candidate with the fewest votes is eliminated from the race and the ballots that ranked them first are redistributed to other candidates using the second choices. The process is repeated until one candidate has 50% of votes, plus one.

Timeline

December 9, 2021 – Private member’s Bill 80, Local Choice for Local Elections Act (Ranked Ballot By-Laws) introduced by Liberal MPP Mitzie Hunter to allow municipalities to use ranked ballot elections

A single-tier municipality may pass a by-law that adopts a ranked ballot election for the election of members of its council and establishes the procedure for the ranked ballot election.

“ranked ballot election” means an election conducted in accordance with the following rules:
   1.  Electors vote by ranking candidates for an office in order of the elector’s preference.
   2. Votes are distributed to candidates based on the rankings marked on the ballots.
   3. The counting of votes is carried out in one or more rounds, with at least one candidate being elected or eliminated in each round. (“scrutin préférentiel”)

The private member’s bill was carried on its first reading, but did not progress further.

November 20, 2020 – Ford government passes Bill 218 and removes the option for municipalities to use ranked ballot elections

Schedule 2 repealed Subsections 41.1 and 41.2 of the Municipal Elections Act (MEA) and revoked Ontario Regulation 310/16 (Ranked Ballot Elections).

London therefore had to go back to using First-past-the-post voting for the 2022 municipal election, and Cambridge and Kingston were not able to switch to ranked ballots.

November 2, 2020 – Toronto recommends Ford government not ban the option for ranked choice voting

As the level of government that most directly interacts with residents everyday lives, municipalities are best positioned to decide whether ranked ballots make sense in their jurisdiction. Several Ontario municipalities have already completed significant work to proceed with ranked ballots. The Government of Ontario should respect that work and the will of those people and their elected representatives.
In Toronto, Council has voted several times on the matter of ranked choice voting, most recently, to proceed with the consultations required under the current framework for the use of ranked ballots for the 2026 election. The rationale that ranked ballots will interfere with the recovery from the COVID-19 pandemic surely does not apply.

September 29, 2020 – Burlington Council approves initiating a public consultation process on using ranked ballots in the 2022 municipal election

City staff will report back to the Corporate Services, Strategy, Risk and Accountability Committee with a proposed engagement plan, timeline, and budget before the consultation will take place. Any public consultation must be done by May 2021, as legislated by the Municipal Elections Modernization Act 2016, Ontario Regulation 310/16.

I look forward to hearing the community’s thoughts on the option of ranked ballots as early as the 2022 election. With a ranked ballot system, every vote truly counts. Whoever is elected will have received some measure of support from a majority of voters. This has the potential to increase voter confidence in the representation they have on City Council, and in turn increase voter turnout. Democracy is a fundamental right in our community and I support continued discussions around changes that can potentially make it better.
Burlington Mayor Marianne Meed Ward

September 30, 2020 – Toronto orders Clerk to perform public consultations in advance to be ready for the 2026 municipal election

City Council direct the City Clerk to meet the pre-conditions required under Regulation 310/16 of the Municipal Elections Act, 1996, for Ranked Ballot Elections and to report back to City Council by the end of 2023 on the outcome of meeting these requirements well in advance of the 2026 General Election in order that City Council may consider adopting a By-law requiring a Ranked Ballot Election in 2026.

September 9, 2020 – Toronto Clerk says COVID-19 has made it impossible to meet ranked ballots’ requirements by deadline of May 1, 2021

The deadline for a by-law authorizing a Ranked Ballot Election in the 2022 general election is May 1, 2021. With the pandemic having remained a significant public health concern for months, the pre-conditions necessary to authorize Ranked Ballot Elections can no longer be achieved in a way that ensures meaningful public education and consultation within the tight timelines necessary for its implementation in 2022.

April 27, 2020 – Milton council approves staff recommendation to keep first-past-the-post elections and not hold a referendum on the ballot

THAT the first-past-the-post election model be maintained for municipal elections in the Town of Milton;
AND THAT staff be directed to monitor developments in Ontario and other relevant jurisdictions with respect to use of the ranked ballot voting model and report back to Council after the 2022 municipal election.

Reasons for not recommending ranked ballots

Cost – Would cost approximately $358,000 (0.13% pressure on property tax rates).

Need for further experience in Ontario

Staff recommends that further experience with ranked ballot voting in Ontario take place prior to any further consideration of this election model in the Town of Milton. Ranked ballot voting is a relatively new way of voting in Ontario, which has been currently tested once in Ontario municipal elections. Further experience in Ontario elections would allow for staff to make an informed recommendation with respect to implementing ranked ballot voting, should Council choose to do so for future elections. While the City of London implemented a ranked ballot voting method in 2018, the Town of Milton is part of a two-tier governance structure, rather than a single-tier governance structure like the City of London. The Town of Milton is part of the Region of Halton and, therefore, the direct election of the Regional Chair would be an additional consideration for the Town of Milton
Report CORS-014-20

Reasons for not recommending a question on the ballot

In order to ensure informed feedback was received, placing a question on the ballot would require a comprehensive communications plan to educate voters on the purpose of the question, as well as on the topic of ranked ballot voting. This communications strategy, including videos, a social media campaign, printed materials and other means of connecting with voters, would be estimated at $25,000 to $30,000 based on the experience of the City of Kingston and the need to use many of the same marketing initiatives associated with a communications plan required for the implementation of ranked ballot voting. Further evaluation of the resulting implications on the work plan for the Town’s Communication Division will be required prior to initiating such a campaign.

November 26, 2019 – Toronto orders City Clerk to initiate the process to pass a by-law allowing for a Ranked Ballot Election in the 2022 municipal election

March 19, 2019 – London staff report on Ranked Choice Voting election

City of London report dated March 19, 2019 indicated that approximately $515,000 in extra costs were attributed to ranked ballots. Their total election spending for 2018 was approximately $ 1.8 M. In discussion with the administrator some of the cost increases could have been attributed to growth.
Auditor: Reviewing the costs attributed to ranked ballots, $150,000 was spent on retaining the expertise of an independent auditor. London’s auditor was selected from the United States, where ranked ballots are more common, and the successful firm had direct experience in auditing ranked ballot elections. The auditors were retained by the City of London to review processes and procedures, evaluate the vendor ranked choice voting tabulation set up in accordance with the Ontario legislation, and to assist with acceptance and logic accuracy testing of tabulators and software. During the election period they observed the process and assisted in a post-election evaluation. The City of London administrator commented that the auditor contributions during the electoral process were invaluable and recommended that a municipality should consider an auditor when using ranked ballots for their first time. The use of an auditor is currently under review for the 2022 London municipal election. To offset costs staff would investigate the feasibility of initiating a cooperative group buy with other municipalities
using ranked ballots for their first time. This approach may help reduce costs and pool resources from across municipalities.
Public Education Campaign: For the 2018 election, the City of London created a public education campaign which cost about $200,000. The London administrators indicated that using a public education campaign was key in the success of their election. The campaign began in January 2017 and the elections team completed over 160 presentations and demonstrations in the community. Their team took every opportunity to get out in front of the public to explain to the community how the new system worked. In the end these efforts paid off as electors at the polls came prepared with approximately 90% of them knowing of the new system and how to mark the ballot. In
addition, the success of the campaign could also be attributed to the low number of spoiled ballots.
The 2017 phase one campaign when London City Council was determining whether to pursue ranked ballots cost approximately $60,000. The 2018 phase two occurred during the election campaign and cost approximately $140,000. Should Council choose to pursue public consultation for ranked ballot elections, a full review of the costs would be conducted. A cost estimate for ranked ballots is a requirement in the Regulation and will be provided to Council and the public through a report.

October 22, 2018 – Cambridge votes 56% (32% turnout) in favour of using ranked ballots for 2022 municipal election. 50% turnout is required for a referendum question to be binding.

A referendum question on the 2018 municipal election ballot asked:

Are you in favour of the City of Cambridge using a ranked ballot voting system for the 2022 municipal election?

Alternative Voting Methods Report

October 22, 2018 – Kingston votes 62.9% in favour (41% turnout) of using ranked ballots for 2022 municipal election and directed staff to initiate the process. 50% turnout is required for a referendum question to be binding.

A referendum question on the 2018 municipal election ballot asked:

Are you in favour of using ranked choice Voting to elect the Mayor and District Councillors in the City of Kingston?
Yes. No.

The Municipal Elections Act requires that at least 50% of the total number of eligible electors in the municipality must vote on the referendum question in order for the results to be “binding”. Based on the official 2018 election results the number of eligible electors was 83,608. The total number of electors that voted on the referendum question was 32,803 or 39.2 percent of eligible electors.
Since 50 percent of eligible electors did not vote on the referendum question, the results are not “binding” on Council. Of the electors that voted on the referendum question, 62.9 percent were in favour of using ranked choice voting to elect the mayor and district councillors.
Although the result of the referendum question is not “binding”, Council has directed staff to initiate the process to implement ranked choice voting for the 2022 municipal election.

October 22, 2018 – London is the first government in Canada hold a ranked ballot election

London was the first Canadian city in decades to use an alternative electoral system, and also the first Ontario municipality to do so since
the Government of Ontario made enabling amendments to the Municipal Elections Act in 2016.

68% of voters in London chose to rank their ballots instead of choosing only one candidate. Of those, 67% ranked 3 candidates.
39% eligible voters cast ballots, 4% lower than the last election.

May 1, 2017 – London Council passes bylaw to use ranked ballots in 2018 municipal election

March to April 2017 – London city council engages the public about using ranked ballots

November 17, 2016 – Toronto Clerk says there is insufficient time meet ranked ballot requirements by deadline of May 1, 2017

The most significant challenge is the limited timeframe available to effectively prepare for such a change before the start of the 2018 election. Those jurisdictions in the U.S. which use ranked ballots, all of which are much smaller than Toronto, recommend a minimum of two years to fully implement such a system after a decision has been made.
Proceeding with a ranked ballot option for 2018 without the appropriate time to properly plan and implement carries significant risks to the integrity of the election and the public’s ability to fully participate and understand the process.

December 6, 2016 – Ottawa staff report say ranked ballots would increase election costs by 50%

From a technical perspective, the City is under contract for specific hardware and software for the 2018 Municipal Elections. This hardware and software have never been used together to deliver a ranked ballot election, although the vendor has run ranked ballot elections in North America using different equipment and software. To ensure the integrity of the process, the Clerk’s staff recommends that extensive audited testing of tabulators and software be conducted prior to any decision to proceed with a ranked ballot election in order to receive assurances regarding the integrity of the technological systems used in the Ottawa context, particularly with respect to conducting both a ranked ballot election for Council and “first-past-the-post” elections for the City’s four school boards.
If Council decides to proceed with a ranked ballot election for 2018 despite the matters outlined in this report, staff anticipates that the implementation of this electoral method would likely result in increased costs – preliminary estimates suggest the cost of the 2018 Municipal Elections would increase from approximately $6.4 million under the “first-past-the-post” method to $9.9 million under a ranked ballot method – as well as challenges with respect to public awareness, technology and election administration.

September 26, 2016 – Guelph council vote to stick with FPTP for the 2018 municipal election and monitor other elections in Ontario

That Council maintain the existing first past-the-post election model for the 2018 municipal election; and
That the City Clerk be directed to monitor ranked ballot elections in Ontario and report back to Council with a comprehensive report after the 2018 election.

June 9, 2016 – Wynne government’s Bill 181, Municipal Elections Modernization Act gives municipalities the option to adopt ranked ballots

The Lieutenant Governor in Council may, by regulation, authorize elections for offices on a municipal council to be conducted in accordance with the following rules:
    Electors vote by ranking candidates for an office in order of the elector’s preference.
    Votes are distributed to candidates based on the rankings marked on the ballots.
    The counting of votes is carried out in one or more rounds, with at least one candidate being elected or eliminated in each round.

This unprecedented piece of legislation, the first of its kind in Canada, offers both versions of ranked ballots: as a majority system with a 50% threshold to win, or as a proportional system that uses multi-member districts (ie: a ward with two or more councillors). Both of these versions are transformative reforms with measurable benefits
London Leads

Announcement

March 2, 2016 – RaBIT founder Dave Meslin says municipalities should be able to choose

Every city and every municipality in Ontario is completely different.
What the province needs to do in order for those unique [characteristics] to be reflected, is to give municipalities options and let councils decide what works best for each municipality.
Unlock Democracy Canada creative director Dave Meslin

December 21, 2015 – Ministry of Municipal Affairs and Housing on ranked ballots

by giving voters more choice, ranked ballots may also:
reduce strategic voting, which may occur when a voter decides not to pick their first choice candidate in an election because they think their first choice candidate may not win the election;
reduce negative campaigning — since voters can rank multiple candidates, there is an incentive for candidates to appeal to voters not just as a first preference vote, but also to gain a high ranking from supporters of other candidates; and
encourage more candidates to remain in the race until voting day, since the threat of ‘splitting the vote’ between like-minded candidates is reduced

December 21, 2015 – Ministry of Municipal Affairs and Housing summary of input

Most public input favoured allowing municipalities the option of using ranked ballots for future municipal elections. Many submissions stressed the importance of including a public consultation component in the ranked ballot framework.
Not all submissions from municipal councils addressed ranked ballots. Those that did were divided in support or opposition. Several council resolutions also took a neutral position and expressed interest in revisiting the issue once more information on ranked ballot processes and a framework are available for review.
Some common concerns raised about ranked ballot implementation were: ballot design and complexity, logistical challenges related to changing voting systems and challenges around voter education and understanding. Some submissions suggested a range of educational materials be produced, including tools for municipalities considering ranked ballots for future elections.
Some input identified the importance of balancing clear, consistent provincial direction in the way ranked ballots are used across Ontario with a sufficient level of local flexibility. For example, several respondents recommended local decisions on whether to use ranked ballot technology and how to design the ballot.

October 1, 2015 – Toronto City Council asks Wynne government not to proceed with Ranked Choice Voting (25-18)

That:
City Council amend Executive Committee Recommendation 3 by including the following comments in the City Manager’s submission being made to the Province related to the Municipal Elections Act:
That the Province should not proceed with amendments to the Municipal Elections Act to provide for Ranked Choice Voting.
That if the Province does amend the Municipal Elections Act to provide for Ranked Choice Voting:
the use of Ranked Choice Voting be optional for the City of Toronto; and
the City of Toronto only be permitted to implement Ranked Choice Voting after holding public consultations and a referendum.
City Council request the City Clerk to report back to City Council, through the Executive Committee on any new Municipal Elections Act provisions and options for Council’s consideration.
Motion to Amend Item moved by Councillor Justin J. Di Ciano

May 28, 2015 – Wynne government initiates review of Municipal Elections Act, the Municipal Conflict of Interest Act and the Municipal Act

The province is now reviewing the Municipal Elections Act. In addition to exploring how ranked ballots could be implemented by municipalities, the review will evaluate the effectiveness of rules about:
Campaign Finance – whether existing campaign finance rules are consistent with transparent, accountable, fair and modern election finance practices.
Third Party Advertising – whether third party advertising should be regulated, and if so, how.
Accessibility – whether there are currently challenges or barriers to making municipal elections more accessible, and how these could be overcome.
Enforcement – if there are appropriate systems in place to ensure municipal election rules are effectively enforced.

A public review of the Municipal Elections Act took place between May 2015 and July 2015. The Municipal Elections Modernization Act, 2016 is based on input from across Ontario, including more than 3,400 submissions from the public, municipal councils and staff.
Government of Ontario

September 25, 2014 – Premier Wynne orders municipal affairs minister to give Ontario cities the option of using ranked ballots in the 2018 civic elections in mandate letter

Undertaking a review of the Municipal Elections Act after the 2014 municipal elections. You will ensure that the act meets the needs of communities, and that it provides municipalities with the option of using ranked ballots in future elections, starting in 2018, as an alternative to first-past-the-post.

June 11, 2013 – Toronto council asks Wynne government to allow it to use ranked ballots, allow permanent residents to vote in Toronto municipal elections

request from the Toronto City Council to amend the legislation to permit ranked ballot and instant runoff voting at the municipal level (Saunders, 2015b). While Toronto did not ultimately pursue ranked-choice voting, the provincial government continued to investigate whether municipalities were interested in having the option to do so.

City Council on June 11, 12 and 13, 2013, adopted the following:
City Council request the Province of Ontario to amend the Municipal Elections Act to authorize the use and establish the framework of Ranked Choice Voting to permit Toronto City Council to use ranked ballots and instant runoff voting in municipal elections.
City Council request the Minister of Municipal Affairs and Housing to commence discussion with the Federal Government of Canada with the view to defining permanent residency for the purposes of considering and permitting permanent residents the right to vote in municipal elections in Toronto.
City Council request the Minister of Municipal Affairs and Housing to amend the necessary legislation to allow Permanent Residents the right to vote in municipal elections.
In the event the Province of Ontario changes Municipal Elections Act to allow permanent residents to vote, City Council request the Province to ensure that the legislation includes an appropriate time period for permanent residency.
City Council request the Province of Ontario to ensure that municipal elections are not held on Fridays, Saturdays or Sundays, or on holidays of religious significance.
City Council request the City Clerk to form a working group that includes Toronto Employment and Social Services, Social Development, Finance and Administration, the Disability Issues Committee, and community stakeholders to implement internet voting for persons with disabilities in time for the 2014 municipal election.
City Council request the City Clerk to monitor developments in internet voting as it pertains to privacy, accessibility, reliability and security issues and to report back to City Council by November 2015 with recommendations as to determine whether it should be adopted in the City-wide municipal elections in 2018.
City Council request the City Clerk to implement a civic education strategy once any changes to electoral reforms are put into effect.
City Council request the City Clerk to consult with the Ministry of Municipal Affairs and Housing and to report to the Executive Committee on feasible timelines and structure for a Municipal Election Finance Review.

April 24, 2013 – Toronto Clerk says there is insufficient time to implement ranked ballots for the 2014 municipal election in Report on Proposed Electoral Reforms

There is insufficient time to develop, plan and implement an amendment of this nature for the 2014 municipal election. There is also insufficient time to gauge public opinion and acceptance to this reform. The City’s current voting equipment is not designed to calculate RCV results. However, the City may include in its upcoming RFP for new voting equipment the requirement to accommodate multiple vote counting methods

Careful consideration should be made regarding election reform. One legislative amendment could impact other legislation and may yield unintended consequences. If election reform is to be undertaken, the entire framework of the legislation should be examined and researched, rather than implementing changes in one area with little consideration to another. The impact of changes on the voter must also be contemplated.

January 24, 2012 – Toronto Executive Committee asks staff to report report on feasibility of electoral reforms, including using ranked ballots

a. holding elections on Saturdays or Sundays
b. using ranked ballots and instant run-off voting
c. improving the City’s elections website, including ward search information, links to candidate websites and contact information.
d. proactively promoting the nominations process and encouraging nominations

August 25, 2010 – Toronto council orders staff report on alternate methods to elect the Mayor for the City of Toronto in the 2014 municipal election

The City of Toronto is the largest city in Canada and the Mayor of Toronto receives the most votes of any elected official in Canada. As Toronto is such a heavily populated metropolis, the race for Mayor can be highly contested with many candidates, high profile or otherwise.
To ensure that the individual who is elected is representative of the majority of voters in the City, the Municipal Elections Act should be altered to state that the race for Mayor should be decided by a form of voting that represents a result of 50% + 1. This will ensure that the Mayor has a mandate and the support of a majority of those who voted.

2009 – BC Single Transferable Vote Referendum did not receive sufficient support

2007 – Ontario Mixed Member Proportional Representation referendum did not receive sufficient support

2005 – Prince Edward Island Mixed Member Proportional Representation referendum did not receive sufficient support

2005 – BC Single Transferable Vote Referendum did not receive sufficient support

Ranked choice voting used in political party leadership races

Some municipalities use them to the determine membership of committees or boards.

Ranked choice voting is used at various levels by other democracies

As of 2020, Canada is the only one of the 35 Organization for Economic Cooperation and Development (OECD) countries that uses first-past-the-post for every level of government:

United States

At the federal and state level, instant runoff voting is used for:

Congressional and presidential elections in Maine
State, congressional, and presidential general elections in Alaska
Special congressional elections in Hawaii
45 US cities including Salt Lake City and Seattle as of February 2024