94(1)Within 4 days after the returning officer has declared a candidate elected, an elector of the electoral district may apply for a recount to a judge of The Court of King’s Bench of New Brunswick for the judicial district within which the electoral district is situated.

94(2)When an application is made under this section on the grounds of the closeness of the vote, the judge shall fix a time and a place for the recount, without requiring security for costs, if the report of the returning officer discloses that there is a difference of not more than 25 votes between the number of votes cast for the candidate declared elected and another candidate.

94(3)When an application is made under this section on grounds other than the closeness of the vote, the judge shall fix a time and a place for the recount if

94(4)If a recount is held under this section, it shall be held within 4 days after the application is made to the judge.

94(5)If applications for recounts in 2 or more electoral districts are made to the same judge, the judge shall proceed first with the recount in the electoral district in respect of which the first application was made to him or her, and successively with the recounts in the electoral districts in respect of which applications were later made, and all recounts shall proceed continuously from day to day until the last of them has been completed.

94(1)Within 4 days after the returning officer has declared a candidate elected, an elector of the electoral district may apply for a recount to a judge of The Court of Queen’s Bench of New Brunswick for the judicial district within which the electoral district is situated.

94(2)When an application is made under this section on the grounds of the closeness of the vote, the judge shall fix a time and a place for the recount, without requiring security for costs, if the report of the returning officer discloses that there is a difference of not more than 25 votes between the number of votes cast for the candidate declared elected and another candidate.

94(3)When an application is made under this section on grounds other than the closeness of the vote, the judge shall fix a time and a place for the recount if

94(4)If a recount is held under this section, it shall be held within 4 days after the application is made to the judge.

94(5)If applications for recounts in 2 or more electoral districts are made to the same judge, the judge shall proceed first with the recount in the electoral district in respect of which the first application was made to him or her, and successively with the recounts in the electoral districts in respect of which applications were later made, and all recounts shall proceed continuously from day to day until the last of them has been completed.

94(1)Within 4 days after the returning officer has declared a candidate elected, an elector of the electoral district may apply for a recount to a judge of The Court of Queen’s Bench of New Brunswick for the judicial district within which the electoral district is situated.

94(2)When an application is made under this section on the grounds of the closeness of the vote, the judge shall fix a time and a place for the recount, without requiring security for costs, if the report of the returning officer discloses that there is a difference of not more than 25 votes between the number of votes cast for the candidate declared elected and another candidate.

94(3)When an application is made under this section on grounds other than the closeness of the vote, the judge shall fix a time and a place for the recount if

94(4)If a recount is held under this section, it shall be held within 4 days after the application is made to the judge.

94(5)If applications for recounts in 2 or more electoral districts are made to the same judge, the judge shall proceed first with the recount in the electoral district in respect of which the first application was made to him or her, and successively with the recounts in the electoral districts in respect of which applications were later made, and all recounts shall proceed continuously from day to day until the last of them has been completed.

94(1)If within four days after the day on which the returning officer has declared a candidate elected an application for a recount or final addition of votes is made by an elector of the electoral district to the judge of The Court of Queen’s Bench of New Brunswick sitting in the judicial district within which such electoral district is situated, which application may be made to such judge wherever he may be found in the Province, and it is made to appear to the judge by the affidavit of a creditable witness that a deputy returning officer in counting the votes improperly counted or improperly rejected any ballots or made an incorrect statement of the number of votes cast for any candidate, or that the returning officer improperly added up the votes, and if the applicant deposits within the said period with the clerk of such court the sum of two hundred dollars in legal tender as security for the costs of the candidate declared elected, the judge shall appoint a time, within four days after such application, and a place for recount or final addition of such votes, as the case may be.

94(1.1)Notwithstanding subsection (1), where the report of a returning officer discloses that there is a difference of not more than twenty-five votes between the number of votes cast for the candidate declared elected and another candidate, an elector of the electoral district in which the election took place may, on the sole ground of the closeness of the vote, apply within four days after the day on which the returning officer has declared the candidate elected to a judge of The Court of Queen’s Bench of New Brunswick sitting in the judicial district within which the electoral district is situated for a recount or final addition of votes, and the judge shall, without any requirement of security for costs, appoint a time, within four days after the application, and a place for recount or final addition of such votes, as the case may be.

94(2)If applications for a recount or final addition of the votes in two or more electoral districts are made under this section to the same judge, the judge shall first proceed with the recount or final addition in the electoral district in respect of which the first application is made to him, and successively with the recounts or final additions in the electoral district or districts in respect of which applications were later made, and all such recounts and final additions shall proceed continuously from day to day until the last of them has been completed.

94(3)The judge shall give written notice to the candidates of the time and place at which he will proceed to recount or finally add the votes, and he may at the time of the application, or afterwards, decide and announce that service of the notice will be substitutional or by mail or by posting, or in any other manner.

94(4)The judge shall also summon the returning officer and his election clerk to attend at the time and place so appointed and produce the envelopes containing the counted ballots, the rejected ballot papers and the spoiled ballot papers, or the official statements of the poll signed by the deputy returning officers, as the case may be, with respect to or in consequence of which the recount or final addition is to take place, which summons the returning officer and election clerk shall obey, and they shall attend throughout the proceedings, at which proceedings each candidate is entitled to be present and to be represented by not more than three agents appointed to attend.

94(5)In case a candidate is not present or represented any three electors who may demand to attend on his behalf are entitled to attend, and except with the sanction of the judge, no person other than as above set out shall be present at the recount or final addition.

94(6)At the time and place appointed, and in the presence of such persons as attend, the judge shall proceed to make the final addition from the official statements contained in the several ballot boxes returned by the deputy returning officers, or to recount all the votes on ballot papers returned by the several deputy returning officers, as the case may be, and shall, in the latter case, open the sealed envelopes containing the counted ballots, the rejected ballot papers and the spoiled ballot papers, and he shall not open any other envelopes containing other documents.

94(7)In the case of a recount, the judge shall recount the votes according to the directions in this Act set forth for deputy returning officers at the close of the poll, and shall verify or correct the statement of the poll giving the ballot paper account and the number of votes given for each candidate; and he shall also, if necessary or required, review the decision of the returning officer with respect to the number of votes given for a candidate at any polling place where the ballot box used was not forthcoming when the returning officer made his decision, or when the proper statements of the poll were not found therein, and for the purpose of arriving at the facts as to the missing box and the statements of the poll, the judge has all the powers of a returning officer with regard to the attendance and examination of witnesses, who in case of non-attendance are subject to the same consequences as in case of refusal or neglect to attend on the summons of a returning officer.

94(8)In the course of the recount the judge shall not reject a ballot by reason only of the deputy returning officer’s failure to affix his initials to the back of such ballot paper.

94(9)The judge shall, as far as practicable, proceed continuously, except on Sunday, with the recount or final additions allowing only necessary recess for refreshment, and excluding, except as he shall otherwise openly direct, the hours between six o’clock in the afternoon and nine in the succeeding forenoon.

94(10)During such recess or excluded time the ballot papers and other documents shall be kept enclosed in parcels under the seals of the judge and of such other persons present as desire to affix their seals thereto.

94(11)The judge shall personally supervise such parcelling and sealing and take all necessary precautions for the security of such papers and documents.

94(12)At the conclusion of the recount or final addition, the judge shall seal all the ballots and ballot papers and statements of the polls in separate packages, add the number of votes cast for each candidate as ascertained at the recount or final addition, and forthwith certify in writing, in the form prescribed by the Chief Electoral Officer, the result of the recount or final addition to the returning officer, who shall, as prescribed in subsection 96(1), declare to be elected the candidate who has obtained the largest number of votes.

94(13)The judge shall deliver a copy of the certificate under subsection (12) to each candidate in the same manner as the declaration delivered by the returning officer under subsection 92(9), and the judge’s certificate shall be deemed to be substituted for the certificate previously issued by the returning officer.

94(14)In case of an equality of votes the returning officer, notwithstanding that he may have already voted pursuant to subsection 92(10), has and shall cast the deciding vote.

94(15)If the recount or final addition does not so alter the result of the poll as to affect the return, the judge shall

94(15.1)Notwithstanding paragraph (15)(a), where an application has been made under subsection (1.1) the costs of the candidate appearing to be elected shall be an expense of the returning officer for the electoral district in respect of which the application was made.

94(16)The moneys deposited as security for costs shall, so far as necessary, be paid out to the candidate in whose favour costs are awarded and if the deposit is insufficient the party in whose favour the costs are awarded has a cause of action for the balance.