Acts and Regulations

E-3 - Elections Act

Full text
Judicial recount - notice and attendance
94.1(1)The judge shall give written notice to the candidates of the time and place fixed for a recount and, at the time of the application or afterwards, he or she may decide and announce that service of the notice will be substituted, by mail, by posting or in any other manner.
94.1(2)The judge shall notify the Chief Electoral Officer of the time and place fixed for a recount, and the Chief Electoral Officer may attend the recount or may designate a member of the staff of Elections New Brunswick to attend.
94.1(3)The judge shall summon the returning officer and the election clerk to attend at the time and place fixed for a recount and to produce, with respect to the relevant electoral district, the envelopes or ballot transfer boxes containing the counted ballots, the rejected ballots and the spoiled ballot papers and the statements of votes cast signed by the appropriate poll officials.
94.1(4)The returning officer and the election clerk shall obey a summons under subsection (3) and shall attend throughout the proceedings.
94.1(5)Each candidate is entitled to attend the proceedings of a recount and is entitled to have in attendance not more than 3 representatives he or she has appointed to attend.
94.1(6)If a candidate does not attend or is not represented at a recount, any 3 electors who may demand to attend on his or her behalf are entitled to attend.
94.1(7)Except with the authorization of the judge, no person other than those set out in this section shall be present at a recount.
2010, c.6, s.106