42 (1) The council of a local municipality may pass by-laws, (a)  authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators; (b)  authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend at a voting place in order to vote. 1996, c. 32, Sched., s. 42 (1). Application of by-law (2) A by-law passed under subsection (1) or under a predecessor of it, (a)  applies to a regular election if the by-law is passed on or before May 1 in the year of the election; and (b)  applies to a by-election if the by-law is passed more than 60 days before voting day.  2009, c. 33, Sched. 21, s. 8 (22); 2016, c. 15, s. 31 (1); 2020, c. 26, Sched. 2, s. 6 (1). Same (2.1) Despite clause (2) (b), in the case of a by-election, (a)  if the council of a local municipality passes a by-law under clause (1) (a) authorizing the use of voting and vote-counting equipment, the municipality may pass another by-law providing that the first by-law does not apply to the by-election and the municipality may pass a by-law authorizing the use of any voting and vote-counting equipment for the by-election; (b)  if the council of a local municipality passes a by-law under clause (1) (b) authorizing electors to use an alternative voting method, the municipality may pass another by-law providing that the first by-law does not apply to the by-election and the municipality may pass a by-law authorizing any alternative voting method for the by-election. 2016, c. 15, s. 31 (2). Procedures and forms (3) The clerk shall, (a)  establish procedures and forms for the use of, (i)  any voting and vote-counting equipment authorized by by-law, and (ii)  any alternative voting method authorized by by-law; and (b)  provide a copy of the procedures and forms to each candidate when his or her nomination is filed. 2009, c. 33, Sched. 21, s. 8 (22); 2016, c. 15, s. 31 (3). Same (4) The following rules apply with respect to the clerk’s duties under clause (3) (a): 1.  The clerk shall comply with subsection (3), i.  in the case of a regular election, on or before June 1 in the year of the election, and ii.  in the case of a by-election, at least 60 days before the first day on which an elector can vote. 2.  The procedures and forms, if they are consistent with the principles of this Act, prevail over anything in this Act and the regulations made under it. 3.  Without limiting the generality of clause (3) (a), procedures for the use of vote-counting equipment may provide that, i.  at the time when and in the place where the votes are being counted, there shall be no more than one scrutineer for each certified candidate for each piece of vote-counting equipment, and ii.  at a recount, the persons referred to in subsection 61 (5) are not entitled to examine each ballot as the votes are being counted by the clerk. 2009, c. 33, Sched. 21, s. 8 (22); 2016, c. 15, s. 31 (4, 5); 2020, c. 26, Sched. 2, s. 6 (2). Effect of by-law on advance votes and voting proxies (5) When a by-law authorizing the use of an alternative voting method is in effect, sections 43 (advance votes) and 44 (voting proxies) apply only if the by-law so specifies; if the by-law specifies that section 44 applies, it may also establish additional criteria that a person must meet to be entitled to vote by proxy. 1996, c. 32, Sched., s. 42 (5). Timing, vote counting (6) When a by-law authorizing the use of voting or vote-counting equipment or an alternative voting method is in effect, the votes shall not be counted until after the close of voting on voting day. 2016, c. 15, s. 31 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. D, s. 14 - 01/01/2003 2009, c. 33, Sched. 21, s. 8 (22) - 01/01/2010 2016, c. 15, s. 31 (1-6) - 09/06/2016 2020, c. 26, Sched. 2, s. 6 (1, 2) - 20/11/2020