Reversal on online voting

The officer tasked with managing the Mohawk Council of Kanesatake (MCK) election has decided to cancel plans to offer voters an online voting option, citing changes in the landscape and the need to shore up faith in the election.

“I’ve changed my position, and I think it’s the right decision,” said Graeme Drew, the chief electoral officer, who has been a strong advocate for the inclusion of an online voting option.

The Custom Electoral Code that outlines the rules of Kanesatake elections makes no mention of online voting in its text, nor any alternative forms of casting a ballot. Only mail-in ballots and in-person ballots are referred to in the code.

However, Drew had expressed his belief that because the code - ratified in 2015 - did not contemplate online voting one way or another, there was some flexibility for the electoral officer to explore additive voting options if others were not taken away.

The inclusion of online voting quickly became controversial in some corners, with a number of people, including provisional candidate Amanda Simon, casting it as a violation of the code that disregarded the will of the people.

Drew sees the fledgling technology as greatly facilitating one of democracy’s most important principles - the ability to exercise the right to vote - and thus greatly preferred to allow it, particularly with Canada Post labour disruptions and a looming strike.

However, he said, recent indications seem to suggest a postal strike is now less likely, making him more confident in the reliability of mail-in ballots.

Further, he has received several calls and emails from community members in opposition to online voting, while he received none from electors in support of the option.

“The main theme was it’s not in the code, so why are you doing something that’s not in the code? I think there’s some validity to that,” he said, adding that he reads and considers all the emails he receives.

A survey also came to his attention, he said, which showed a majority of respondents opposing the inclusion of online voting in the 2025 election. While it did not have many respondents, it was another indication in that direction, he said.

“I think staying very close to the wording that’s in the code will help to restore confidence in people that otherwise feel I’ve ignored that,” he said.

“What’s really important is to maintain the trust and confidence in people that it’s a fair election.”

The prescriptive nature of the code’s instructions, furthermore, throw into question whether the results could be susceptible to appeal, and legal research did not reveal similar cases where such a disagreement had been tested in court, Drew said.

“I think there would be a serious risk of a successful appeal if we just went ahead with the online vote,” he added.

Finally, he cited the upcoming ratification vote for four community laws under the new Kanesatake Law-Making Process, which does include an online option; this vote is scheduled just two weeks before the MCK general elections.

“It might confuse voters that there’s two concurrent online voting events,” he said.

There is a narrow case in which he would reintroduce the option, he said - if a postal strike did indeed occur, and there were no other feasible option to ensure off-territory voters could still exercise their right to vote, he could consider permitting an online ballot.

As it stands, ballots can only be cast in person or by mail. Those who need mail-in ballots must contact Drew as soon as possible to request one. The code dictates that voters must provide two pieces of identification, one with photo and one confirming the address, at that time. Drew’s email address is [email protected].

Despite the change in direction, Drew continues to believe online voting, which has become a popular option for First Nations, is something Kanesatake should consider in the future.

Just because it’s online doesn’t mean it’s not secure, he said. “It’s kind of the way online banking is for us now compared to 20 years ago.”

An amended timetable, which will slightly adjust some dates and will remove the online voting provision, is expected today (Friday) on the Mohawk Council of Kanesatake website. A final list of candidates for the August 2 election will be published Monday at the latest.

[email protected]

Marcus Bankuti, Local Journalism Initiative Reporter