Judicial recount - application
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
(a)
it is made to appear to the judge by the affidavit of a credible witness that one of the following has occurred:
(i)
an election officer or a vote tabulation machine failed to count, improperly counted or improperly rejected any ballots or made an incorrect statement of the number of votes cast for a candidate; or
(ii)
the returning officer improperly added up the votes; and
(b)
the applicant deposits with the clerk of the court $200 as security for the costs of the candidate who was declared elected.
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.
1967, c.9, s.94; 1974, c.12 (Supp.), s.26; 1974, c.92 (Supp.), s.16; 1979, c.41, s.42; 1980, c.17, s.36; 2006, c.6, s.37; 2010, c.6, s.105; 2023, c.17, s.64