Hamilton City Clerk Matthew Trennum has issued notice that candidates who run in the Ward 4 Hamilton-Wentworth District School Board Trustee by-election must file their election finance returns by 2:00 p.m. on Friday, February 21, 2025.
This means voting day will be no later than Tuesday, January 7, 2025.
In a separate report to Hamilton City Council, Trennum refers to the “2025 Ward 4 By-Election to fill the English Public School Board Trustee Vacancy.”
TPR emailed Trennum on Friday to confirm the official voting date.
“Please note that additional information is being finalized and it will be available next week,” was the response from a City spokesperson on Trennum’s behalf.
Schools will be used as voting locations.
Monday, January 6, 2025, is the first day after the school Winter Break. Elections staff need to test voting equipment before voting day. The City operates with a skeleton staff during the school winter break, and January 6 is also the first day back for most city staff.
Tuesday, January 7, 2025, is the only practical date to set as voting day.
By-Election to Fill Vacancy After Resignation
The by-election is to fill the seat vacated by Ray Mulholland.
Mulholland resigned as Ward 4 trustee on September 9. He did not provide a reason and insisted on no fanfare.
He was first elected in 1972. Mulholland is 90 years old.
HWDSB Trustees voted on September 23 to call a by-election.
Municipal Elections Act Timelines
Section 65 of the Municipal Elections Act sets the following timelines.
Section 65(4)(1)(iii) states the by-election begins when “the clerk receives from a local board … a copy of a resolution indicating a by-election is required.”
The City Clerk’s Office reports they received notice from the HWDSB on September 24.
Nominations Open
Section 65(2) states qualified candidates can register their nomination with the municipal clerk beginning on the day the clerk receives the board’s notice.
Nomination Day (Nominations Close)
Section 65(4)(1) of the MEA states that the nomination day must be “not less than 30 days and not more than 60 days after” the notice. The 60th day falls on Sunday, November 23. Ontario’s Interpretation Act extends the deadline to the next business day.
With January 7, 2025 as the voting day, nominations will close on November 21 at the latest.
Candidates’ financial statements Deadline
Section 88.25(1)(b) states candidates must file their financial statements no later than “the 45th day after voting day.”
The City of Hamilton website states the deadline is February 21, 2025.
Tuesday, January 7, 2025, is the 45th day before February 21.
Winter Break, Canada Post, and Other Logistics: January 7 is the Only Practical Voting Day
The Christmas season and winter break are both significant factors that will weigh towards ending the nomination period earlier than November 21.
Once nominations are filed, the City Clerk needs to certify the candidates, have mail-in ballots printed and sent to voters, arrange advance voting, and numerous other logistical requirements.
Canada Post mail volumes peak in December, meaning the Clerk needs to send ballots earlier than other times of the year. There are three statutory holidays during this period. This requires providing voters more time to mail back ballots.
The City of Hamilton made numerous errors during the 2022 municipal election.
The City botched mail-in voting by sending printed ballots to Canada Post too late for voters to receive and return to the City.
The City then committed the most significant municipal election privacy breach of modern times when it sent a mass email to registered mail-in voters, which exposed their names and email addresses.
On election day, the City had numerous poll failures, including equipment and staffing issues. Hamilton had to declare a municipal emergency and extend polling hours.
City Clerk to Officially Announce
The City Clerk will likely make the official election announcements during the Wednesday, October 9 City Council meeting.
Production Details v. 1.0.0 Published: October 5, 2024 Last updated: October 5, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version