Electronic Voting Regulations

Regulation

Registration: R-027-2023
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Elections and Plebiscites Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Contents

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The Commissioner, on the recommendation of the Chief Electoral Officer, under section 360 of the Elections and Plebiscites Act and every enabling power, makes the Electronic Voting Regulations.

REGULATIONS

In these regulations,

"service provider" means a person who has entered into an agreement with the Chief Electoral Officer under subsection 3(1); (fournisseur de service)

"electronic voting service" means a service provided under an agreement referred to in subsection 3(1) that facilitates voting by electronic means and includes all system components of that service. (service de vote électronique)

(1) The procedures established by the Chief Electoral Officer under section 132.1 of the Act in respect of voting by absentee ballot by electronic means must include procedures and requirements respecting an electronic voting service, including

(a) security of the service and of data within the service, including requirements respecting

(i) storage and retention of data,

(ii) encryption, authentication and authorization,

(iii) cryptographic keys and modules, and

(iv) system architecture;

(b) continuity of service during high usage periods and in the event of connectivity, software or other issues that may compromise the use of electronic voting, including requirements respecting backup service providers;

(c) access to the service and to data within the service by service provider staff and the Office of the Chief Electoral Officer;

(d) use of third-party contractors, including requirements respecting third-party system testing;

(e) vote verification and authentication;

(f) reporting, including requirements respecting system-generated reports and the counting of votes;

(g) system testing, including for load balancing and stress tests;

(h) system audits and recounting;

(i) data retention;

(j) protection of the privacy, anonymity, integrity and secrecy of votes cast, including ensuring that votes cast cannot be linked to individual voters;

(k) ballot design and accessibility, including requirements respecting languages and accommodations for persons with disabilities or impairments;

(l) the counting of votes, including storage of votes until the close of polls and reporting requirements;

(m) the provision of documentation by the service provider to the Chief Electoral Officer, including performance documentation and assessments; and

(n) procedures and requirements respecting anything else the Chief Electoral Officer considers necessary to facilitate and ensure the integrity of voting by absentee ballot by electronic means.

(2) The Chief Electoral Officer shall, not later than three months before polling day for an election or plebiscite in which voting may be conducted by absentee ballot by electronic means, make the procedures referred to in subsection (1) available to the public

(a) by publishing the procedures on a website maintained by the Office of the Chief Electoral Officer; and

(b) by any other means the Chief Electoral Officer considers appropriate.

(1) The Chief Electoral Officer may enter into an agreement with a service provider to provide an electronic voting service for the purpose of facilitating voting by absentee ballot by electronic means for an election or plebiscite.

(2) An agreement referred to in subsection (1)

(a) must contain a requirement that the service provider comply with all applicable procedures and requirements established by the Chief Electoral Officer under section 132.1 of the Act; and

(b) may contain any other terms and conditions that the Chief Electoral Officer considers necessary to facilitate and ensure the integrity of voting by absentee ballot by electronic means.

(1) Subject to subsections (2) and (3), the provisions of the Act applicable to voting by absentee ballot apply to voting by absentee ballot by electronic means.

(2) The following provisions of the Act apply with such modifications as the circumstances require to voting by absentee ballot by electronic means:

(a) subsection 133(2);

(b) section 134;

(3) Notwithstanding subsection (1), the following provisions of the Act do not apply to voting by absentee ballot by electronic means:

(a) subsections 111(2), (3) and (4);

(b) subsections 136(1), (4) and (5).