Declaration of elected candidates when poll materials missing
93(1)If a ballot box, a vote tabulation machine or a statement of votes cast has been destroyed, lost or for any other reason is not returned to the returning officer before the day fixed for candidates to be declared elected, the returning officer shall determine the cause of the poll material’s disappearance and shall obtain from the responsible poll supervisor, or from any other person who has it, a copy of the statement of votes cast, which shall be verified on oath.
93(2)If the returning officer is unable to locate a copy of a statement of votes cast under subsection (1), the returning officer, in the presence of an election clerk and of the candidates or their representatives who are present, may open the appropriate ballot box to retrieve the statement of votes cast contained in it and shall immediately reseal the ballot box.
93(3)If the statement of votes cast or a copy cannot be obtained, the returning officer shall determine the total number of votes given for each candidate at each polling station by the evidence that he or she is able to obtain.
93(4)In order to make a determination under subsection (3), the returning officer may do the following:
(a)
summon an election officer or any other person to appear before the returning officer at a day and time to be fixed by the returning officer;
(b)
in that summons, direct the election officer or other person to bring all necessary papers and documents with him or her; and
(c)
examine under oath the election officer or other person respecting the matter in question.
93(5)If the returning officer intends to proceed under subsection (4), he or she shall give adequate notice of the day and time of the proceedings to each of the candidates.
93(6)In a case under subsection (1) or (3), the returning officer shall do the following:
(a)
declare elected the candidate appearing to have the greatest number of votes; and
(b)
prepare and send to the Chief Electoral Officer a report with the return of the votes, which report shall state the circumstances surrounding the disappearance of the poll material or the missing statement of votes cast and the method by which he or she determined the number of votes given for each candidate.
93(7)A person who refuses or neglects to attend on the summons of a returning officer issued under this section is guilty of an offence.
1967, c.9, s.93; 1974, c.92 (Supp.), s.15; 1980, c.17, s.35; 1990, c.61, s.38; 1991, c.48, s.19; 1998, c.32, s.66; 2010, c.6, s.103