HomeMy WebLinkAboutCRPS-10-168 - Election Recount - Ward 9
REPORT
REPORT TO:
Mayor C. Zehr and Members of Council
DATE OF MEETING:
October 28, 2010
SUBMITTED BY:
R. Gosse, Director of Legislated Services/City Clerk
PREPARED BY:
R. Gosse ext. 2801
WARD(S) INVOLVED:
9
DATE OF REPORT:
October 27, 2010
REPORT NO.:
CRPS-10-168
SUBJECT:
ELECTION RECOUNT - WARD 9
RECOMMENDATION:
Council’s direction is requested
BACKGROUND:
The municipal elections held on October 25, 2010 resulted in the Ward 9 councillor being
decided by 1 vote. The runner up candidate, Ms. D. Chapman, has requested a recount for this
race.
REPORT:
Sub-section 57 (1) of the Municipal Elections Act (the Act), as amended, permits a council of a
municipality to pass a resolution requiring a recount of the votes cast for all or specified
candidates for an office of council. The resolution must be passed within 30 days after the
clerk’s declaration of the results; the declaration was made on October 27, 2010. Should a
resolution for a recount be passed, the clerk shall hold a recount in accordance with the
resolution within 15 days after the resolution is passed.
Section 60 of the Act stipulates that a recount shall be conducted in the same manner as the
original count, whether manually or by vote-counting equipment. It also stipulates that the
recount shall be conducted in accordance with prescribed rules as described in Regulation
101/97. Regulation 101/97 requires notice be given to every certified candidate for an office
that is subject to the recount and that ballot boxes shall be opened and the ballots counted.
Sub-section 61(1) stipulates that the only persons that may be present at a recount are: the
clerk and other election officials appointed for the recount; the certified candidates; a lawyer for
each candidate; one scrutineer for each recount station established by the clerk; and, any other
person with the clerk’s permission.
During the counting of the ballots, the candidate or their lawyer or scrutineer, may examine
visually each ballot as the votes are being counted and dispute the validity of a ballot or the
counting of votes in a ballot. If disputed, the clerk shall make the determination regarding the
ballot. When the count is completed the clerk shall announce the results and if there are
disputed ballots, announce the number of them, announce the result that would be obtained if
the disputed ballots were excluded, and mark the ballots and place them in a separate
th
envelope. On the 16 day after the recount is completed and no application for a judicial
recount has been made, the clerk shall declare the successful candidate.
Should council decide to require a recount for the race of Councillor Ward 9, the following
wording is recommended:
That under authority of Sub-section 57(1) of the Municipal Elections Act, as amended, a recount
of the votes cast for Frank Etherington and Debbie Chapman, candidates for the race of
Councillor Ward 9 in the 2010 Municipal Elections, be conducted in accordance with the Act.
Should a recount be required, notice will be provided to the candidates along with an outline of
the process that will be followed. Both candidates have been contacted and it is intended that
the recount will take place Wednesday, November 3, 2010 at City Hall.
Should council decide not to require a recount, Ms. Chapman or any other eligible elector may
apply to the Superior Court of Justice for an order that the clerk hold a recount.
FINANCIAL IMPLICATIONS:
N/A
ACKNOWLEDGED BY:
T. Speck, General Manager of Corporate Services