Acts and Regulations

E-3 - Elections Act

Section 94.2
Disposition versions

Full text
Proceedings at a judicial recount
94.2(1)At the time and place fixed for a recount and in the presence of those people in attendance, the judge
(a) shall recount all the votes on ballots returned by the appropriate poll officials,
(b) shall open the sealed envelopes or boxes containing the counted ballots, the rejected ballots and the spoiled ballot papers, and
(c) shall not open any other envelopes or boxes containing other documents.
94.2(2)In recounting the votes, the judge shall do the following:
(a) review the procedures prescribed by the Chief Electoral Officer for election officers with respect to the issuing of ballot papers and the counting, reporting and recording of the votes cast;
(b) in accordance with the procedures referred to in paragraph (a), determine the number of votes given to each candidate;
(c) verify or correct the statements of the votes cast; and
(d) if necessary or required, review a determination of the returning officer under section 93 and, for the purpose of arriving at the facts as to the missing election materials, the judge may summon and examine witnesses in the same manner as a returning officer under subsection 93(4), and a witness so summoned is subject to the same consequences as in the case of refusing or neglecting to attend on the summons of a returning officer.
94.2(3)In the course of a recount, the judge shall not do the following:
(a) reject a ballot by reason only that the ballot issuing officer failed to initial the ballot paper; and
(b) count a vote that was not counted by a vote tabulation machine because the voter placed his or her mark on the ballot in an area other than the area specifically indicated for a voter to place his or her mark.
94.2(4)As far as practicable, the judge shall proceed continuously with a recount, except during the following:
(a) Sundays;
(b) between 6 p.m. and 9 a.m. the following day, unless he or she directs otherwise; and
(c) the recesses necessary for refreshment.
94.2(5)During a recess or excluded time, the ballots, ballot papers and other documents shall be kept in parcels under the seals of the judge and of any other person present who wishes to affix his or her seal.
94.2(6)The judge shall personally supervise the parcelling and sealing and shall take all necessary precautions for keeping those papers and documents secure.
94.2(7)At the conclusion of a recount, the judge shall do the following:
(a) seal all the ballots, ballot papers and statements of votes cast in separate packages;
(b) add the number of votes cast for each candidate as ascertained at the recount; and
(c) immediately certify in writing, in the prescribed form, the result of the recount to the returning officer.
94.2(8)On receiving a certificate under paragraph (7)(c), the returning officer shall declare elected the candidate who has obtained the greatest number of votes and shall complete the return of the writ in accordance with subsection 96(1).
94.2(9)The judge shall deliver a copy of the certificate under paragraph (7)(c) to each candidate in the same manner as the declaration delivered by the returning officer under subsection 92.1(2), and the judge’s certificate shall be deemed to be substituted for that declaration.
94.2(10)If there is an equality of votes, despite that he or she may have voted under subsection 92.1(3), the returning officer shall cast the deciding vote.
2010, c.6, s.106
Proceedings at a judicial recount
94.2(1)At the time and place fixed for a recount and in the presence of those people in attendance, the judge
(a) shall recount all the votes on ballots returned by the appropriate poll officials,
(b) shall open the sealed envelopes or boxes containing the counted ballots, the rejected ballots and the spoiled ballot papers, and
(c) shall not open any other envelopes or boxes containing other documents.
94.2(2)In recounting the votes, the judge shall do the following:
(a) review the procedures prescribed by the Chief Electoral Officer for election officers with respect to the issuing of ballot papers and the counting, reporting and recording of the votes cast;
(b) in accordance with the procedures referred to in paragraph (a), determine the number of votes given to each candidate;
(c) verify or correct the statements of the votes cast; and
(d) if necessary or required, review a determination of the returning officer under section 93 and, for the purpose of arriving at the facts as to the missing election materials, the judge may summon and examine witnesses in the same manner as a returning officer under subsection 93(4), and a witness so summoned is subject to the same consequences as in the case of refusing or neglecting to attend on the summons of a returning officer.
94.2(3)In the course of a recount, the judge shall not do the following:
(a) reject a ballot by reason only that the ballot issuing officer failed to initial the ballot paper; and
(b) count a vote that was not counted by a vote tabulation machine because the voter placed his or her mark on the ballot in an area other than the area specifically indicated for a voter to place his or her mark.
94.2(4)As far as practicable, the judge shall proceed continuously with a recount, except during the following:
(a) Sundays;
(b) between 6 p.m. and 9 a.m. the following day, unless he or she directs otherwise; and
(c) the recesses necessary for refreshment.
94.2(5)During a recess or excluded time, the ballots, ballot papers and other documents shall be kept in parcels under the seals of the judge and of any other person present who wishes to affix his or her seal.
94.2(6)The judge shall personally supervise the parcelling and sealing and shall take all necessary precautions for keeping those papers and documents secure.
94.2(7)At the conclusion of a recount, the judge shall do the following:
(a) seal all the ballots, ballot papers and statements of votes cast in separate packages;
(b) add the number of votes cast for each candidate as ascertained at the recount; and
(c) immediately certify in writing, in the prescribed form, the result of the recount to the returning officer.
94.2(8)On receiving a certificate under paragraph (7)(c), the returning officer shall declare elected the candidate who has obtained the greatest number of votes and shall complete the return of the writ in accordance with subsection 96(1).
94.2(9)The judge shall deliver a copy of the certificate under paragraph (7)(c) to each candidate in the same manner as the declaration delivered by the returning officer under subsection 92.1(2), and the judge’s certificate shall be deemed to be substituted for that declaration.
94.2(10)If there is an equality of votes, despite that he or she may have voted under subsection 92.1(3), the returning officer shall cast the deciding vote.
2010, c.6, s.106