Arrangements should be made to contract for the use of voting sites as soon as they have been identified, inspected as to suitability (or assessed by other means), and the date or dates on which they are required to be used are known. For elections on fixed, regular dates, this can be planned well in advance.
Where election dates are not at fixed, regular terms, there will usually be speculation about probable voting dates for some time before the election announcement.
Where voting sites are at locations which cannot be demanded for election use, it is generally wise for the electoral management body to make tentative booking arrangements for possible dates, in advance of the formal election announcement.
Issues to Be Covered in Contractual Arrangements
Whether voting sites are on state or privately owned premises, formal contracts for their use need to be arranged, so that there is no doubt in anyone's mind as to the facilities to be provided and dates on which the electoral management body has use of the location. Contracts for use of voting locations should cover the following issues:
The dates and times for which the location is to be available for voting-related activities. Exclusive use during the time between delivery of election materials to the voting stations and dispatch of material following close of the votinh or the count is required. Clear definition of access to the location, for example, for installing additional telephone lines or other infrastructure equipment, prior to voting day is also needed.
The facilities that may be used. If a building has more than one room, the rooms to be made available should be specified. Voting staff and/or public rights of access to communications, water, toilet, power, lighting, and food preparation facilities available at the location should be specified and agreed.
Responsibilities for cleaning of the location at the conclusion of the contract period and any associated costs for which the electoral management body will be liable should be specified.
The fee (if any) to be paid for use, and any circumstances under which this may be varied must clearly stated.
Any requirement by the location provider for their staff to be present in a caretaking capacity during voting use, and any additional payment associated with this should be outlined.
Responsibilities for damages and methods of assessing the value of any damage caused during voting use. Before signing the contract, election administration officials should note any existing damage and a defects report should be prepared and signed by both parties. In some circumstances a deposit for damages may be required; it should be confirmed that this is refundable.
Particularly when leasing private property for a voting location, care must be taken to ensure that:
• there are no restrictions in any other contractual arrangements that would prevent the use of the location as a voting station;
• signatories to the contract are authorised to sign.
Other Matters for Agreement
There are a number of other matters that may not need to be specified in the contract but which will need clear written agreement with the provider of the voting location. These would include:
Any requirements for the electoral management body to take out liability insurance for the period of the contract. This would normally be the electoral management body's responsibility, though in some jurisdictions the state may act as its own insurer.
It is prudent to ensure that there is valid public liability insurance coverage against accident/injury to officials, voters and others on the premises.
Arrangements for picking up keys and any security passwords required to enter the premises, and for return of keys at the conclusion of the contract. Keys to premises should generally be available for delivery of materials and to the voting station manager on the day and/or night before voting day, to allow set up of the voting station.
It is crucial that these arrangements are clearly understood and that the keys or access codes provided allow entry to all the areas and facilities (including toilets, kitchen facilities, storage areas, or cabinets) specified as available in the contract.
Availability of a representative of the location's owner during the period the voting station is being set up and is in operation, in case any problems arise with any of the site's facilities.
Contingency Voting Sites
While it as an additional expense, particularly in areas where security risks are high, it can be useful to identify a small number of contingency voting sites within each electoral district, and arrange for them to be reserved for use for voting, in case of emergencies at other voting stations.
The cost of any wasted leasing fees are insubstantial compared to those for postponing an election.
