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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)