HomeMy Public PortalAbout2005-02-28_Judicial Recount Policy_P-49
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P-49
JUDICIAL RECOUNT POLICY
WHEREAS Section 130(1) of the Municipal Elections Act (The Act) requires the Municipal
Returning Officer to apply for a Judicial Recount when there has been an equality of votes cast
for two or more candidates for an office;
AND WHEREAS in all other situations it becomes the responsibility of the Candidate or
an Elector at their expense to apply for a Judicial Recount unless Council should authorize the
Clerk to make such an Application;
AND WHEREAS Council has decided that it is in the Public Interest that where an election
of a candidate has been determined by five (5) or fewer votes that is should take responsibility
through the Clerk pursuant to Section 131(1) of the Act to apply for a Judicial Recount.
1 It is therefore the Policy of this Municipality that wherever there has been a Municipal
Election and the office has been determined by five (5) or fewer votes, that the Clerk is
hereby authorized to apply to a Judge of either the Supreme Court of the Provincial Court
for a Judicial Recount of all ballots cast in that Polling District in accordance with
procedures set out in the Act.
2. Notwithstanding this policy, if Council should receive a written request from the candidate
or candidates receiving five or fewer votes than the winning candidate, then Council may
instruct the Clerk not to make the application for a judicial recount in accordance with that
request.
st
1 Notice - Council - 02/10/05 (2005-066)
nd
2 Notice - Council - 02/28/05 (2005-090)