Marginal note:Application for recount
301. (1) An elector may, within four days after the day on which a returning officer issues a certificate under section 297 and after notifying the returning officer in writing, apply to a judge for a recount.
Marginal note:Grounds for recount
(2) The judge shall fix a date for a recount if it appears, on the affidavit of a credible witness, that
(a) a deputy returning officer has incorrectly counted or rejected any ballots, or has written an incorrect number on the statement of the vote for the votes cast for a candidate; or
(b) the returning officer has incorrectly added up the results set out in the statements of the vote.
(3) The applicant shall deposit with the clerk or prothonotary of the court the sum of $250 as security for the costs of the candidate who obtained the largest number of votes.
Marginal note:Date for recount and summons
(4) The date fixed for the recount shall be within four days after the judge receives the application. The judge shall summon the returning officer to attend and to bring the relevant ballot boxes and statements of the vote together with the ballots that were counted, and the statements that were completed, under Part 11.
Marginal note:Notice to candidates
(5) The judge shall notify each candidate or his or her official agent in writing of the time and place fixed for the recount. The judge may decide that service of the notice will be substitutional, by mail or posting or in any other manner.
Marginal note:Returning officer required to attend
(6) A returning officer to whom a summons is directed under subsection (4) shall obey it and shall be present throughout the recount.
- 2000, c. 9, s. 301;
- 2014, c. 12, s. 67.
Marginal note:More than one application
302. If a judge receives more than one application for a recount for more than one electoral district, the recounts shall be conducted in the order in which the judge receives the applications.
303. [Repealed, 2014, c. 12, s. 68]
Marginal note:Recount procedure
304. (1) The judge shall conduct the recount by adding the number of votes reported in the statements of the vote or by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer.
Marginal note:Documents that may be examined
(2) If a recount of all of the ballots returned is required, the judge may open the sealed envelopes that contain the used and counted, unused, rejected and spoiled ballots. The judge shall not open any envelopes that appear to contain other documents or refer to any other election documents.
Marginal note:Procedure for certain recounts
(3) In the case of a recount conducted by counting the valid ballots or all of the ballots returned by the deputy returning officers or the Chief Electoral Officer, the procedure set out in Schedule 4 applies.
Marginal note:Powers of judge
(4) For the purpose of arriving at the facts with respect to a missing ballot box or statement of the vote, 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 the case of refusal or neglect to attend on the summons of a returning officer.
Marginal note:Additional powers of judge
(5) For the purpose of conducting a recount, a judge has the power to summon any deputy returning officer or poll clerk as a witness and to require him or her to give evidence on oath and, for that purpose, has the same power that is vested in any court of record.
Marginal note:Clerical assistants
(6) Subject to the approval of the Chief Electoral Officer, a judge may retain the services of support staff to assist in the performance of his or her duties under this Part.
- 2000, c. 9, s. 304;
- 2014, c. 12, s. 69.
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