If it is believed by the Returning Officer that circumstances warrant a recount, procedures are then actioned.

Automatic Recounts

Where the count of votes that two or more candidates are divided by four or fewer votes and where one or more such candidates having a greater number of votes will be elected and one or more such candidates having a lesser number votes will not be elected, the Returning Officer shall conduct a recount.

Administrative Recount

A candidate must apply, in writing, to the Returning Officer for an administrative recount (s. 80(1)) within 72 hours after the voting stations are closed. The reasons for asking for a recount must be stated; Reasonable grounds might include a close result, a possible miscount, or a large number of rejected ballots

If the Returning Officer feels the grounds are reasonable s/he must schedule the recount (s. 80(2)).  There must be at least 12 hours’ notice stating the time and place where the recount will be conducted.  All persons involved in the initial count, such as the election officers and candidates who may be affected by the recount are permitted to attend. 

At the time specified for the recount, the Returning Officer counts the ballots in the same way that they were originally counted. After the recount, the Returning Officer will correct the results and issue new certificates, if necessary.  The contents of the ballot box(es) should then be put back, the box(es) locked and sealed and the candidates and the public given notice of any changes in the results.

Judicial Recount

Any voter has 14 days after the results of the election are initially declared, to apply by originating notice, to a Judge of the Supreme Court, for a judicial recount, regardless of whether an administrative recount has already been conducted or not (s. 83).  Often, this request will deal with ballots that have been questioned during the count on Election Day.  The Judge will be asked to focus on the question of whether ballots should have been marked as “spoiled” or not.  In close elections, of course, each vote counts.

If the Judge determines there are reasonable grounds for conducting a recount, s/he will set the time and place for it.  The applicant will be responsible for giving at least seven days’ notice of the date, time and place of the recount to the municipality and all persons the Judge directs should be notified.

The Senior Administrative Officer, as a respondent to the recount, is responsible for bringing the sealed ballot boxes to where the recount will be conducted.  He or she must also be present during the recount.

After examining the ballots and hearing other evidence, the Judge will decide on the results of the election.

If there are changes to the results, the Returning Officer is then responsible for amending the Certificates of Election and Results and distributing them again as he or she would after an administrative recount.

Breaking Ties

Municipal

A local authority that is a municipality may, by bylaw, provide that a by-election must be held, within 14 days after election day, among those candidates who have registered the same number of votes. If the local authority does not have a by-law; and

Where it appears after counting the ballots that two or more candidates for any office have received the same number of votes, and if it is necessary to determine which candidate is elected, the returning officer shall:

• write the names of those candidates on separate blank sheets of paper;
• fold the sheets of paper so that the names are concealed;
• deposit them in a receptacle and withdraw one of the sheets at random; and
• declare the candidate whose name appears on the withdrawn sheet to have one more vote than the other candidate.

TliCho

• If as a result of the election there is a tie among two or more candidates for a vacant position, a by-election among those candidates must be held within 14 days to fill the position.