HomeMy WebLinkAboutCouncil - 2010-10-28 SSPECIAL COUNCIL MINUTES
OCTOBER 28, 2010 CITY OF KITCHENER
A special meeting of City Council was held at 1:02 p. m. this date, chaired by Mayor C. Zehr with all
members present except Councillor G. Lorentz.
Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant
to Chapter 25 (Council Procedure) of the Municipal Code.
Council was in receipt this date of Corporate Services Department report CRPS-10-168, (Election
Recount -Ward 9), dated October 27, 2010. This report advised that Ms. D. Chapman, the runner
up candidate for Ward 9 Councillor, has requested a recount for this race. This report also outlines
the provisions in the Municipal Elections Act for recounts. Mr. R. Gosse presented this report
explaining the process.
Councillor J. Gazzola questioned whether the candidates are entitled to look at the ballots and
whether they get to look at the Voters' List from Election Day. Mr. Gosse responded that the
candidates can look at the ballots and can object to the validity of a ballot. However, they can not
look at the Voters' List. Further, if at the end of the recount there is a tie vote, the Clerk decides on
the winner by lot.
Councillor B. Vrbanovic questioned how ballots that were rejected by the tabulator were handled. Mr.
Gosse explained that the new tabulators will not accept ambiguous ballots and would stop the ballot
from being counted. The voter then had the opportunity to fix their ballot or to receive a new ballot. If
a second ballot was provided to the voter, the original ballot was placed in a separate envelope. With
declined ballots, no replacement ballot was issued.
Councillor Vrbanovic commented that if the system works properly, the ballots should tally the same
way the second time as they did on Election Day. He questioned what would happen if the ballot is
rejected during the recount. Mr. Gosse responded that sometimes if a ballot is put into the tabulator
with a different orientation, such as up-side-down, the tabulator will read the ballot. He stated that the
tabulator can not be over ridden except in the case of over voting or a declined ballot.
Councillor Gazzola questioned whether there is a reconciliation of the votes and ballots at the end of
Election Day at each voting place. Mr. Gosse advised that at the close of the voting place each Ballot
Clerk gives the Manager the total number of ballots they issued.
Mayor C. Zehr questioned that if, during the recount a ballot is rejected, a visual determination will be
made. Mr. Gosse responded that if a ballot is rejected during the recount and the validity of the ballot
is disputed, the Clerk shall make the determination regarding the ballot. The Clerk will announce the
results once the count is complete. If there are disputed ballots the Clerk will state how many there
are and announce the results that would be obtained if the disputed ballots were excluded. The Clerk
will place the disputed ballots in a separate envelope. The candidates, if not satisfied, may still apply
for a judicial review.
In response to a further question, Mr. Gosse stated that the entire ballot will be counted but only the
votes for the two candidates will be considered.
Mr. F. Etherington addressed Council advising that he is in support of the recount. He made a
request that Councillor Weylie not participate in the voting on this matter as she publicly supported
Ms. Chapman. He acknowledged that only pecuniary interests preclude a member of Council from
voting or discussing a matter; however, given her public support for Ms. Chapman, he requested that
she not vote.
Ms. Chapman addressed Council thanking them for considering her request for a recount and that
she hopes that it goes forward.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Gazzola
"That under the 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 Councilor Ward 9 in the 2010 Municipal Elections, be conducted in accordance with the
Act. "
Carried Unanimously, by all members present.
SPECIAL COUNCIL MINUTES
OCTOBER 28, 2010 - 291- CITY OF KITCHENER
Councillor J. Smola left the meeting at this time.
Mr. Gosse advised that the recount will be undertaken on Wednesday November 3, 2010, starting at
9:30 a. m. in the Human Resources Training Room, 2"d Floor, City Hall. He also advised that the
candidates and their lawyers and scrutineers are allowed in the room along with him and staff to
assist in the recount. He stated that probably 6 tabulators will be used in the recount in order for it to
be done in a timely manner. Respecting timelines, Mr. Gosse stated that he will announce the
outcome of the recount immediately. If no application for a judicial recount is made within 15 days of
the recount, the clerk will declare the successful candidate on the 16th day. However, if one of the
candidates decides to apply for a judicial recount, it must be done within 15 days of the day that the
Clerk declares the successful candidate.
Councillor Vrbanovic stated that the recount process is too political and quite different than what is
prescribed for federal and provincial elections. He asked for Council's support of a motion to direct
staff to report to the new Council on the possibility of Council delegating authority to the Clerk to
automatically authorize a recount if requested by any of the candidates. If this is not possible,
consideration should be given to working with Ministry of Municipal Affairs and municipal
organizations and if the authority can not be delegated, consider producing guidelines or changing
the legislation to remove politics from the process.
Moved by Councillor B. Vrbanovic
Seconded by Councillor K. Galloway
"That staff be requested to bring forth a report to the new council which would examine
delegating authority by Council to the City Clerk to automatically authorize a recount if
requested by any of the candidates affected by a margin which is below a specified threshold
in a ward or city-wide race."
Carried Unanimously, by all members present.
Moved by Councillor K. Galloway
Seconded by Councillor C. Weylie
"That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and
proceedings of the Council and that the same be taken as read a first, second and third times, be
finally passed and numbered 2010-171 by the Clerk."
Carried.
On motion the meeting adjourned at 1:32 p. m.
MAYOR CLERK