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115 (1) The initial count is to be a count of the votes on the ballots for an election other than, subject to subsection (2), the ballots contained in certification envelopes.
(2) The chief electoral officer may specify that ballots contained in certification envelopes are to be included in the initial count if the certification envelopes contain ballots used for voting at a voting opportunity or at an alternative voting option at which an electronic voting book was used.
116 (1) The initial count must not take place until the close of final voting for the election but must take place as soon as possible after this time.
(2) If the close of final voting is extended under section 114, the initial count for voting opportunities other than the one for which there was an extension may begin as soon as possible after the close of final voting for the other voting opportunities.
(3) If the close of final voting is extended under section 272 by an adjournment, the initial count for all voting opportunities must not begin until the close of final voting for the adjourned voting opportunity.
117 (1) The initial count of ballots used for final voting must be conducted at the voting place where the final voting was conducted, unless the district electoral officer directs that the count is to take place at another location.
(1.1) If the chief electoral officer specifies under section 115 (2) that ballots contained in certification envelopes are to be included in the initial count, the initial count of ballots contained in certification envelopes must be conducted at a place specified by the chief electoral officer.
(1.2) The chief electoral officer must notify the following individuals or organizations of the place at which the initial count of ballots described in subsection (1.1) is to be conducted:
(a) the candidates who have not been endorsed in the election by a political party;
(b) the registered political parties that have endorsed candidates in the election.
(2) The initial count of ballots other than those referred to in subsections (1) and (1.1) must be conducted at a place specified by the district electoral officer.
(3) The district electoral officer must notify the candidates of the places specified under subsection (2), other than a voting place referred to in subsection (1).
118 (1) The initial count of the following must be conducted by election officials assigned responsibility to do so by a district electoral officer:
(a) ballots used for final voting;
(b) ballots used for advance voting;
(c) ballots used for voting at a special voting opportunity if the ballots are not contained in certification envelopes.
(2) The initial count of ballots used for voting other than voting referred to in subsection (1) must be conducted by election officials assigned responsibility to do so by the chief electoral officer.
119 (1) At the initial count where no vote-counting equipment is used,
(a) the election official responsible for the ballot box and at least one other election official must be present,
(b) candidates in the election are entitled to be present, and
(c) each candidate is entitled to have one candidate representative present for each ballot box for which the count is being separately conducted.
(2) At the initial count where vote-counting equipment is used,
(a) the election official responsible for the vote-counting equipment and at least one other election official must be present,
(b) candidates in the election are entitled to be present,
(c) each candidate is entitled to have one candidate representative present for each electronic vote-counting machine for which the count is being separately conducted, and
(d) a registered political party that has received notice under section 117 (1.2) is entitled to designate one individual to be present for each electronic vote-counting machine for which the count is being conducted.
(3) Individuals other than those permitted by subsections (1) and (2) and other than election officials taking part in the count may not be present during the initial count unless permitted by
(a) the chief electoral officer or an election official authorized by the chief electoral officer, or
(b) the district electoral officer or an election official authorized by the district electoral officer.
120 (0.1) This section applies if the chief electoral officer does not specify the use of vote-counting equipment under section 79.01.
(1) The initial count of the votes on ballots in a ballot box must proceed as follows:
(a) a ballot account for the ballot box is to be prepared in accordance with section 121 (1);
(b) the ballot box is to be opened by the election official;
(i) a ballot used by an individual for voting for an electoral district other than the electoral district in which the individual is voting is found in the ballot box and is not in a secrecy enclosure and certification envelope, and
(ii) of the ballots in the ballot box, the ballot is the only ballot described by subparagraph (i),
the ballot is to be placed by the election official responsible in a secrecy enclosure and certification envelope associated with the ballot, and the certification envelope is to be sealed, and the certification envelope is to be kept separate and unopened, for inclusion with the other election materials required by section 126;
(c) any certification envelopes found in the ballot box are to be removed by the election official and kept separate and unopened for inclusion with the other election materials as required by the procedures established under section 126;
(d) the remaining ballots are to be considered in accordance with sections 122, 123 and 124;
(e) the ballot account for the ballot box is to be completed in accordance with section 121 (2);
(f) the ballots and other materials are to be packaged in accordance with the procedures established under section 126 for delivery to the district electoral officer.
(2) If it appears from the ballot account prepared in accordance with section 121 (1) that there are so few ballots in a ballot box that the secrecy of the ballots may be at risk, the district electoral officer may authorize the ballots in the ballot box to be combined with other ballots in another ballot box unless this would substantially delay the time at which the ballots would otherwise be counted.
(3) If ballots are combined under subsection (2),
(a) the ballot account prepared in accordance with section 121 (1) for the ballot box that contains the smaller number of ballots must be attached to the ballot account for the other ballot box, and
(b) the ballot account for the ballot box that contains the larger number of ballots must be completed for all combined ballots in the box in accordance with section 121 (2).
120.01 (1) This section applies if the chief electoral officer specifies the use of vote-counting equipment under section 79.01.
(2) During proceedings on the initial count under this section, ballot accounts must be prepared and completed in accordance with section 121.
(3) The election official responsible must use, in accordance with the procedures specified by the chief electoral officer under section 79.04 (4), the vote-counting equipment to produce a record in paper format of
(a) the number of votes accepted for each candidate, and
(b) the number of ballots rejected.
(4) Subject to subsection (7), the initial count of the votes on ballots in a ballot box must proceed in accordance with subsections (2) and (3) and with the regulations under subsection (5).
(5) The chief electoral officer must make regulations prescribing additional requirements respecting how the initial count of votes is to proceed that must include the following:
(a) the circumstances in which an election official may transcribe a voter's candidate choice, if the voter's intent is clear, onto an ordinary ballot if
(i) the ballot is rejected by the vote-counting equipment, or
(ii) the voter's mark on the ballot is not readable by the vote-counting equipment;
(b) the procedures that must be followed when transcribing a voter's candidate choice under paragraph (a).
(6) In making a regulation under subsection (5), the chief electoral officer may make different regulations for ballots used for voting at a voting opportunity and for ballots used for voting at an alternative voting option.
(7) If, in the opinion of the election official responsible, there are technical or similar problems with the vote-counting equipment, the district electoral officer may do the following:
(a) direct the election official responsible to conduct the initial count in accordance with the proceedings set out in section 120;
(b) specify a different place at which the initial count is to be conducted.
(8) If the district electoral officer specifies a place under subsection (7) (b), the district electoral officer must notify the affected candidates of the place at which the initial count is to be conducted.
120.02 (1) The chief electoral officer must make regulations establishing a quality assurance process to determine whether the vote-counting equipment processed ballots accurately in accordance with section 123.
(2) The chief electoral officer or the district electoral officer, as applicable, must notify candidates of
(a) the place where the process will be undertaken, and
(b) the time when the process will be undertaken, which may be a time after the initial count or the declaration of preliminary results but before the final count.
(3) The following are entitled to be present when the process is undertaken:
(a) candidates in the election;
(b) one candidate representative for each candidate in the election;
(c) one individual designated by a registered political party that has received notice under section 117 (1.2).
(4) If the results of the quality assurance process indicate that the vote-counting equipment did not process ballots accurately in accordance with section 123, the chief electoral officer or the district electoral officer must consider whether to exercise the chief electoral officer's or the district electoral officer's discretion under section 136 (1) (a) to recount some or all of the ballots.
121 (1) The election official responsible must prepare in duplicate a ballot account in the form specified by the chief electoral officer with the information specified by the chief electoral officer.
(1.1) The chief electoral officer may specify that different information be included under subsection (1) for ballot accounts that account for ballots used in voting proceedings in which one or more types of voting administration tools were used.
(2) After the counting under section 120 (1) (d), 120.01 (4) or 122.02 (5), as applicable, is complete, the election official responsible must record on each duplicate ballot account
(a) the number of votes accepted for each candidate, and
(b) the number of ballots rejected.
(3) After the information is recorded under subsection (2), the duplicate ballot accounts must be signed by the election official responsible and may be signed by any other individual present at the initial count who wishes to do so.
(4) One completed ballot account must be placed in the ballot box in accordance with the procedures established under section 126 and the other duplicate must be separately packaged and personally delivered to the district electoral officer or sent to the district electoral officer in the manner directed by the district electoral officer.
(5) The election official responsible must provide a signed copy of the ballot account to each candidate or candidate representative present who requests it.
122 (0.1) This section applies to ballots in a ballot box with which no vote-counting equipment was used.
(1) Each ballot to be considered on the initial count must be dealt with as follows:
(a) the election official responsible must consider in accordance with section 123 whether the ballot is to be accepted as a vote or whether it is to be rejected;
(b) after making the consideration, the election official responsible must call out in a distinct voice, as applicable,
(i) the name of the candidate for whom the vote is recorded, if the ballot is accepted as a vote, or
(ii) that the ballot is rejected;
(c) the election official responsible must place the ballot in such a manner that any candidates and candidate representatives present are able to see how the ballot is marked.
(2) The election official responsible must record or have another election official record the votes for each candidate as they are counted.
(3) Once started, counting must proceed as continuously as practical.
122.01 (1) This section applies if the chief electoral officer specifies under section 115 (2) that ballots contained in certification envelopes are to be included in the initial count.
(2) A certification envelope must remain unopened and any ballot in it must not be considered on the initial count if one or more of the following applies:
(a) the envelope is not completed as required under this Act;
(b) the individual identified on the envelope as using the envelope to vote is not the individual to whom the envelope was issued;
(c) the individual identified on the envelope as using the envelope to vote is not entitled to vote in the election;
(d) the individual identified on the envelope as using the envelope to vote appears to be voting more than once in the election.
(3) If a certification envelope is to remain unopened under subsection (2), the election official responsible must mark this on the envelope, together with the applicable reason.
(4) A candidate, candidate representative or a person designated by a registered political party under section 119 (2) (d) may object in accordance with section 124 to a decision on whether or not a certification envelope is to remain unopened under subsection (2) of this section, and for this purpose, a reference in section 124 to a ballot is to be read as a reference to a certification envelope.
122.02 (1) This section applies if the chief electoral officer specifies under section 115 (2) that ballots contained in certification envelopes are to be included in the initial count.
(2) The certification envelopes other than those referred to in sections 120 (1) (c) and 122.01 must be opened one at a time and dealt with as follows:
(a) if a certification envelope contains more than one secrecy enclosure and 2 or more of those secrecy enclosures contain a ballot,
(i) the secrecy enclosures must be marked as being required to remain unopened under this provision and must be placed inside the certification envelope, which must be resealed,
(ii) the certification envelope must be marked as having been dealt with under this provision, and
(iii) the certification envelope must not be reopened, and the secrecy enclosures must remain unopened and any ballots in them must not be considered on the initial count and on the final count;
(b) if a certification envelope contains more than one secrecy enclosure and only one of those secrecy enclosures contains a ballot, the secrecy enclosure with the ballot is to be removed from its certification envelope for opening under subsection (3);
(c) if a certification envelope contains a ballot but no secrecy enclosure, the election official responsible must deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the ballot from other individuals present;
(d) if a secrecy enclosure is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the election official responsible must open the secrecy enclosure, remove the ballot and deposit the ballot in the ballot box to be used for the initial count, with care to conceal any marking on the enclosure and ballot from other individuals present;
(e) if not otherwise dealt with under this subsection, a secrecy enclosure is to be removed from its certification envelope for opening under subsection (3).
(3) The remaining secrecy enclosures referred to in subsection (2) (e) are to be opened one at a time and dealt with as follows:
(a) if a secrecy enclosure contains more than one ballot,
(i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the initial count, and
(ii) in the case in which more than one of the ballots are marked,
(A) the ballots must be placed in the secrecy enclosure,
(B) the secrecy enclosure must be marked as having been dealt with under this provision, and
(C) the secrecy enclosure must not be reopened and the ballots in it must not be considered on the initial count and on the final count;
(b) if a secrecy enclosure contains only one ballot, the ballot must be deposited in the ballot box to be used for the initial count.
(4) After all ballots to be considered have been deposited in the ballot box, the contents of the ballot box must be mixed to ensure the secrecy of the ballot.
(5) After the ballot box has been prepared in accordance with subsections (2) and (3), the initial count of the ballots in the ballot box is to be completed
(a) in the case where no vote-counting equipment is used, by
(i) considering the ballots one at a time in accordance with sections 122, 123 and 124, and
(ii) completing the ballot account in accordance with section 121 (2), and
(b) in the case where vote-counting equipment is used, by
(i) transcribing a voter's candidate choice, if the voter's intent is clear, onto an ordinary ballot if the ballot is not readable by the vote-counting equipment,
(ii) using the vote-counting equipment to consider the ballot and record the vote, and
(iii) completing the ballot account in accordance with section 121 (2).
122.03 (1) The chief electoral officer may authorize procedures described in sections 122.01 and 122.02 (2) and (3) and in the regulations under section 120.01 (5) (b) to be undertaken before the times set out in section 116.
(2) If the chief electoral officer provides an authorization under subsection (1), the chief electoral officer must notify candidates and registered political parties of the date and time when, and the place where, the proceedings will be undertaken.
123 (1) A ballot must be rejected if any of the following applies:
(a) the ballot physically differs from the ballots officially provided for the voting proceedings for which the counting is being conducted;
(b) there is no mark referred to in subsection (2) or (3) on it;
(c) in the case where vote-counting equipment is not used, the ballot is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, other than is necessary for the purposes of voting by write-in ballot;
(d) the ballot is marked as voting for more than one candidate;
(e) the ballot does not clearly indicate the intention of the voter to vote for a candidate;
(f) the ballot is a write-in ballot marked for a registered political party that is not represented by a candidate in the election;
(g) the ballot is a write-in ballot marked for both a candidate and a registered political party, but the candidate is not a representative of that political party;
(h) the ballot is a write-in ballot marked for both a registered political party and the leader of the registered political party, but the name of the person on the ballot is not the name of the leader of the registered political party.
(2) Unless rejected under subsection (1), either of the following on an ordinary ballot is to be accepted and counted as a vote for the applicable candidate:
(a) a filling in of the blank space provided on the ballot opposite the name of the candidate;
(b) a mark that clearly indicates the intention of the voter to vote for the candidate.
(3) Unless rejected under subsection (1), any of the following marks on a write-in ballot is to be accepted and counted as a vote for the applicable candidate:
(a) the name of the candidate marked on the ballot in accordance with section 91 (2);
(b) the name of the registered political party represented by the candidate marked on the ballot in accordance with section 91 (2);
(b.1) the name of the leader of a registered political party marked in accordance with section 91 (2);
(c) an indication of either the name of the candidate or the registered political party represented by the candidate that, although misspelled or abbreviated, clearly indicates the intention of the voter;
(d) an indication of the name of the leader of the registered political party of the candidate marked on the ballot in accordance with section 91 (2) that, although misspelled or abbreviated, clearly indicates the intention of the voter.
124 (0.1) This section does not apply if the chief electoral officer has specified the use of vote-counting equipment under section 79.01.
(1) A candidate or candidate representative may object to the acceptance of a vote or the rejection of a ballot.
(2) An objection must be made at the time the ballot is considered by the election official responsible under section 122.
(3) The decision of the election official responsible regarding the acceptance of a vote or the rejection of a ballot may not be challenged except as provided in this section and the decision may only be changed under section 136 on the final count or on a judicial recount under Division 3 of this Part.
(4) If a ballot is subject to an objection, the election official responsible must
(a) record the objection on the form specified by the chief electoral officer, numbering each objection with a sequential number, and
(b) mark the assigned number on the back of the ballot and initial this number.
125 (1) The chief electoral officer must establish procedures for reporting preliminary election results that must include the following:
(a) who must make the reports;
(b) to whom the reports must be made.
(2) The chief electoral officer may make public preliminary results for the election.
126 (1) The chief electoral officer must establish procedures for the packaging and delivery of any election materials and, if used, voting administration tools to the district electoral officer.
(2) After the ballot account is completed, the election official responsible must package and deliver election materials and voting administration tools, if any, to the district electoral officer in accordance with the procedures established under subsection (1).
127 (1) The final count for an election is to be a count of the votes on the ballots for an election that were not considered as part of the initial count and a determination of the results of the election based on the votes accepted in the initial count and in the final count.
(2) The final count is to be conducted by
(a) counting in accordance with section 135 the votes on ballots that were not considered as part of the initial count,
(b) if applicable, recounting in accordance with section 136 some or all of the ballots considered in the initial count, and
(c) determining the results of the election on the basis of the ballot accounts from the initial count, the counting referred to in paragraph (a) and the recounting referred to in paragraph (b).
(3) Certification envelopes containing ballots to be considered at the final count must be dealt with in accordance with section 131.
128 (1) The final count must take place on a date specified by the chief electoral officer, which date must not be before the fourth day after final voting day.
(2) The final count must be conducted, as applicable,
(a) at the office of the chief electoral officer unless the chief electoral officer gives notice under subsection (3) that the final count is to be conducted at another location, or
(b) at the office of the district electoral officer unless the district electoral officer gives notice under subsection (3) that the final count is to be conducted at another location.
(3) The chief electoral officer or the district electoral officer, as applicable, must notify the candidates of the date and time and, if the place that the final count is to be conducted is not the office of the chief electoral officer or the district electoral officer, the place that the final count and the sorting of certification envelopes referred to in section 131 are to be conducted.
129 (1) The final count and the sorting of certification envelopes referred to in section 131 must be conducted by
(a) the chief electoral officer, or
(b) the district electoral officer.
(2) The chief electoral officer or the district electoral officer may, subject to subsection (3),
(a) be assisted in the final count and preparations by other election officials, and
(b) for the purpose of paragraph (a), delegate authority under this Division to those election officials.
(3) On the final count, the district electoral officer must personally deal with any ballots or envelopes that are subject to an objection under section 124 as that section applies to section 134 or 135.
130 (1) Subject to subsection (2), at the final count and preparations referred to in section 131,
(a) the chief electoral officer, the district electoral officer or an election official to whom a delegation was made under section 129 (2) (b), as applicable, and at least one other election official must be present,
(b) candidates are entitled to be present,
(c) each candidate is entitled to have
(i) if no vote-counting equipment is used, one candidate representative present, and
(ii) if vote-counting equipment is used, one candidate representative present for each electronic vote-counting machine for which the count is being separately conducted,
(d) if ballots have been divided for the purpose of having different election officials counting them at the same time during the final count, each candidate is entitled to have one additional candidate representative present for each set of ballots that is being counted, and
(e) each registered political party that designated a person under section 119 (2) (d) is entitled to have the person present.
(2) If, in the chief electoral officer's opinion, it is necessary to do so in the public interest, the chief electoral officer may limit the number of individuals permitted to be present under subsection (1).
(3) Individuals other than election officials and those permitted to be present under subsection (1) may not be present during the final count or the preparations unless permitted by the chief electoral officer or the district electoral officer, as applicable.
131 The certification envelopes to be considered at the final count must be sorted into classes as specified by the chief electoral officer.
132 (1) The final count must proceed as follows:
(a) each class of certification envelopes referred to in section 131 must be considered under section 134;
(b) after a class of certification envelopes is considered under section 134, a ballot account for the class must be prepared in accordance with section 133 (1);
(c) for each class, the certification envelopes to be opened on the final count are to be dealt with in accordance with section 135;
(d) after each class of certification envelopes is dealt with under section 135, the ballot account for the class is to be completed in accordance with section 133;
(e) any recount under section 136 must be conducted in accordance with that section;
(f) the chief electoral officer or the district electoral officer, as applicable, must prepare a summary of the ballot accounts prepared on the initial and the final counts;
(g) the results of the election are to be determined on the basis of the ballot accounts prepared on the initial and final counts.
(1.1) If the chief electoral officer specifies under section 79.01 that vote-counting equipment will be used during the final count, the chief electoral officer must make regulations prescribing additional requirements respecting how the final count of votes is to proceed, including the procedures that must be followed by an election official when transcribing a voter's candidate choice onto an ordinary ballot if
(a) the ballot is not readable by the vote-counting equipment, and
(b) the voter's intent is clear.
(2) The chief electoral officer or the district electoral officer, as applicable, may authorize certification envelopes of one class to be combined with certification envelopes of another class if the district electoral officer considers that this is necessary to maintain the secrecy of the ballot.
(3) If certification envelopes are combined under subsection (2), the chief electoral officer or the district electoral officer, as applicable, must prepare a ballot account for the combined certification envelopes in accordance with section 133 (1).
133 (1) The chief electoral officer or the district electoral officer, as applicable, must prepare in duplicate a ballot account in the form specified by the chief electoral officer with the information specified by the chief electoral officer.
(2) After the ballots in a class of certification envelopes have been dealt with under section 135, the chief electoral officer or the district electoral officer, as applicable, must complete the ballot account with the following information:
(a) the number of votes accepted for each candidate;
(b) the number of ballots rejected;
(c) the number of secrecy enclosures that remain unopened, or that were placed into the certification envelope, or into which ballots were placed under section 135.
(3) After the information is recorded under subsection (2), the duplicate ballot accounts must be signed by the chief electoral officer or the district electoral officer, as applicable, and may be signed by any other individual present at the final count who wishes to do so.
(4) The chief electoral officer or the district electoral officer, as applicable, must provide a signed copy of a ballot account or ballot accounts summary to each candidate or candidate representative present who requests it.
134 (1) A certification envelope must remain unopened and any ballot in it must not be considered on the final count if one or more of the following applies:
(a) the envelope is not completed as required under this Act;
(b) the individual identified on the envelope as using the envelope to vote is not the individual to whom the envelope was issued;
(c) the individual identified on the envelope as using the envelope to vote is not entitled to vote in the election;
(d) the individual identified on the envelope as using the envelope to vote appears to be voting more than once in the election.
(2) If a certification envelope is to remain unopened under subsection (1), the election official responsible must mark this on the envelope, together with the applicable reason.
(3) A candidate or candidate representative may object in accordance with section 124 to a decision on whether or not a certification envelope is to remain unopened under subsection (1) of this section and, for this purpose, a reference in section 124 to a ballot is to be read as a reference to a certification envelope.
135 (1) After the ballot account for a class of certification envelopes is prepared, the certification envelopes other than those referred to in section 134 must be opened one at a time and dealt with as follows:
(a) if a certification envelope contains more than one secrecy enclosure and 2 or more of those secrecy enclosures contain a ballot,
(i) the secrecy enclosures must be marked as being required to remain unopened under this provision and must be resealed in the certification envelope,
(ii) the certification envelope must be marked as having been dealt with under this provision, and
(iii) the certification envelope must not be reopened and the secrecy enclosures must remain unopened and any ballots in them must not be considered on the final count;
(a.1) if a certification envelope contains more than one secrecy enclosure and only one of those secrecy enclosures contains a ballot, the secrecy enclosure with the ballot is to be removed from its certification envelope for opening under subsection (2);
(b) if a certification envelope contains a ballot but no secrecy enclosure, the election official responsible must place the ballot in the ballot box to be used for the final count, with care to conceal any marking on the ballot from other individuals present;
(c) if a secrecy enclosure is uniquely marked, or otherwise uniquely dealt with, in such a manner that the voter could reasonably be identified, the election official responsible must open the enclosure, remove the ballot and place it in the ballot box to be used for the final count, with care to conceal any marking on the enclosure and ballot from other individuals present;
(d) if not otherwise dealt with under this subsection, a secrecy enclosure is to be removed from its certification envelope for opening under subsection (2).
(2) The remaining secrecy enclosures referred to in subsection (1) (d) are to be opened one at a time and dealt with as follows:
(a) if a secrecy enclosure contains more than one ballot,
(i) in the case in which only one ballot is marked, the marked ballot must be placed in the ballot box to be used for the final count, and
(ii) in the case in which more than one of the ballots are marked,
(A) the ballots must be placed in the secrecy enclosure,
(B) the secrecy enclosure must be marked as having been dealt with under this provision, and
(C) the secrecy enclosure must not be reopened and the ballots in it must not be considered on the final count;
(b) if a secrecy enclosure contains only one ballot, the ballot must be placed in the ballot box to be used for the final count;
(c) after all ballots to be considered have been placed in the ballot box, the contents of the ballot box must be mixed to ensure secrecy of the ballot.
(3) After the ballot box has been prepared in accordance with subsections (1) and (2), the final count of the ballots in the ballot box is to be completed
(a) in the case where no vote-counting equipment is used, by
(i) considering the ballots one at a time in accordance with sections 122, 123 and 124, and
(ii) completing the ballot account in accordance with section 133 (2), and
(b) in the case where vote-counting equipment is used, by
(i) counting the votes using the vote-counting equipment in accordance with the regulations under section 132 (1.1), and
(ii) completing the ballot account in accordance with section 133 (2).
136 (0.1) The chief electoral officer must make regulations respecting the conduct of recounts by the chief electoral officer or the district electoral officer, as applicable, under this section.
(1) As part of the final count, the chief electoral officer or the district electoral officer, as applicable,
(a) may recount some or all of the ballots that were considered as part of the initial count, and
(b) if requested in writing within 3 days after final voting day by a candidate or the official agent of a candidate, and the request is made on
(i) one or more of the bases set out in section 139 (2), or
(ii) the basis that the preliminary election results reported under section 125 show a difference of 100 votes or fewer between the number of votes for the candidate with the highest number of votes and the number of votes for the candidate with the next highest number of votes,
must recount some or all of the ballots that were considered as part of the initial count.
(2) A recount under this section must be conducted in accordance with the regulations under subsection (0.1), with the ballots from each ballot box considered separately.
(3) At the conclusion of a recount under this section, the chief electoral officer or the district electoral officer, as applicable, must prepare a ballot account for the recount and attach it to the ballot account from the initial count for the ballot box to which it applies.
137 (1) At the conclusion of the final count, the district electoral officer must report the following to the chief electoral officer:
(a) the results of the final count, as determined under section 132;
(b) the election of the candidate who received the most votes;
(c) if no candidate can be declared elected because there is an equality of votes for 2 or more candidates, or if the difference between the votes received by the candidate declared elected and the candidate with the next highest number of votes is less than 1/500 of the total ballots considered, that the results of the election are subject to a required judicial recount under section 139 (5).
(1.1) Based on the reports under subsection (1), the chief electoral officer must declare the official election results.
(2) The results and election as declared under subsection (1.1) are final subject only to a judicial recount under Division 3 of this Part or a declaration under Part 8.
138 (0.1) The chief electoral officer must establish procedures for the packaging of ballots, unopened or resealed certification envelopes and secrecy enclosures and all other election materials.
(1) After the final count, the district electoral officer or the election officials who assisted the chief electoral officer in the final count and preparations, as applicable, must package election materials in accordance with the procedures established under subsection (0.1).
(2) Unless otherwise directed by a court, the district electoral officer or the election officials who assisted the chief electoral officer in the final count and preparations, as applicable, must retain the election materials until the time for bringing an application for judicial recount has ended or the results of the judicial recount are determined, as applicable.
(3) At the end of the time referred to in subsection (2), the district electoral officer or the election officials who assisted the chief electoral officer in the final count and preparations, as applicable, must
(a) deliver the election materials to the chief electoral officer in accordance with the directions of the chief electoral officer, and
(b) if any voting administration tools are used, deal with the voting administration tools in accordance with the directions of the chief electoral officer.
139 (1) An application may be made to the Supreme Court in accordance with this section for a judicial recount of some or all of the votes on ballots for an election.
(2) Except as provided in subsection (5), an application may only be made on one or more of the following bases:
(a) that votes were not correctly accepted or ballots were not correctly rejected as required by the rules of section 123;
(b) that unopened or resealed certification envelopes or secrecy enclosures contain ballots that should be considered;
(c) that a ballot account does not accurately record the number of votes for a candidate;
(d) that the final count under Division 2 of this Part did not correctly calculate the total number of votes for a candidate;
(e) that the results of the quality assurance process, established by regulations under section 120.02, indicate that the vote-counting equipment did not process ballots accurately in accordance with section 123.
(3) The time period during which an application may be made is limited to the period between the declaration of official election results under section 137 and 6 days after that declaration.
(4) The application may only be made by
(a) a voter for the electoral district for which the election was held,
(b) a candidate in the election or a candidate representative of a candidate in the election, or
(c) the district electoral officer.
(5) An application must be made by the district electoral officer if, at the end of the final count under Division 2 of this Part,
(a) a candidate cannot be declared elected because there is an equality of votes for 2 or more candidates, or
(b) the difference between the votes received by the candidate declared elected and the candidate with the next highest number of votes is less than 1/500 of the total ballots considered.
140 (1) Within 72 hours after an application for judicial recount has been filed, the court registry must notify the individual making the application of the date, time and place at which the judicial recount is to be conducted.
(2) The date set under subsection (1) for the judicial recount must be
(a) no earlier than the date that is 7 days after the declaration of the official election results under section 137, and
(b) no later than the date that is 15 days after the declaration of the official election results under section 137.
(3) A recount may be conducted by the court in chambers, at the office of the district electoral officer or at any other place specified by the court.
(4) The individual making the application must notify affected individuals as follows:
(a) the individual must immediately notify the district electoral officer and the candidates in the election that an application for judicial recount has been made;
(b) within 24 hours of filing the petition commencing the application, the individual must serve copies of the petition and its accompanying affidavit on the affected individuals;
(c) within 24 hours of being notified by the court registry under subsection (1), the individual must serve notice of the date, time and place of the judicial recount on the affected individuals.
(5) The individual making the application and the individuals required to be notified under subsection (4) are the parties to the judicial recount.
141 (1) The following individuals and their legal counsel are entitled to be present at a judicial recount:
(a) the individual who made the application for the recount;
(b) the district electoral officer and one other election official designated by the district electoral officer;
(c) the candidates in the election;
(d) for each candidate who is present at the judicial recount, one agent, and for each candidate who is not present, 2 agents;
(e) the chief electoral officer and an agent of the chief electoral officer.
(2) Individuals other than those referred to in subsection (1) may be present only if permitted by the court.
(3) The district electoral officer must bring or arrange for the following to be delivered to the judicial recount:
(a) all ballot accounts used for the determination of official election results under section 132;
(b) the summary of ballot accounts prepared under section 132;
(c) the ballot boxes containing the ballots and envelopes for which the recount is requested.
142 (1) A judicial recount must be conducted in accordance with this section.
(2) Before beginning any consideration of the ballots or envelopes for which the recount was requested, if the court determines on the basis of the summary of ballot accounts prepared under section 132 that the results of a recount, if it were conducted, would not materially affect the results of the election, the court may declare that the results of the election are those declared under section 137 and take no further action under this section.
(3) If consented to by the individual who made the application for the recount, the district electoral officer and the candidates present at the recount, the court may limit the ballots and envelopes to be considered on the recount from those for which the recount was requested.
(4) In its discretion, the court may consider other ballots and open other envelopes in addition to those for which the recount was requested, and for this purpose may require the district electoral officer to bring other ballot boxes.
(5) In conducting a recount, the court must
(i) at the discretion of the court, in accordance with the procedures for counting votes with vote-counting equipment or in accordance with the procedures for counting votes without vote-counting equipment, and
(ii) in accordance with section 123,
(a.1) consider the envelopes in accordance with sections 134 and 135,
(b) confirm or change the ballot accounts in accordance with the consideration, and
(c) at the completion of the recount, declare the results of the election as determined in the judicial recount.
(6) The court may appoint individuals to assist in the recount.
(7) Unless otherwise directed by the court, until a judicial recount is completed the ballot boxes brought for the recount must remain in the custody of the court and, during a recess or adjournment of a judicial recount and after the completion of the judicial recount, the ballot boxes must be resealed in accordance with section 95.
(8) No costs may be awarded on a judicial recount unless, in the opinion of the court, a party to the judicial recount engaged in vexatious conduct or made unfounded allegations or objections.
143 If no appeal of the results of a judicial recount is commenced under section 144 within the time permitted by that section, the Supreme Court judge who conducted the recount must issue to the district electoral officer a certificate of the results of the election.
144 (1) A candidate in the election may appeal the decision of the Supreme Court under section 142 to the Court of Appeal in accordance with this section.
(2) An appeal must be commenced by filing a notice of appeal with the Court of Appeal within 2 days after the results of the judicial recount are declared under section 142 (5) (c).
(3) Within the period referred to in subsection (2), the individual bringing the appeal must give written notice of the appeal to the parties to the judicial recount and to the judge who conducted the judicial recount.
(4) The time set for the hearing of the appeal must be no later than 10 days after the registrar receives the notice of appeal.
(5) Once an appeal is commenced, the registrar of the Court of Appeal must obtain an appointment from the court for a time for hearing the appeal within the time limit set by subsection (4).
(6) In sufficient time to permit the appeal to be heard at the time set under subsection (5), the ballots or envelopes that are the subject of the appeal must be forwarded to the registrar of the Court of Appeal and the Supreme Court judge who conducted the recount must provide the Court of Appeal with a certificate of the decision on the recount.
(7) Each candidate is entitled to a copy of the certificate under subsection (6).
145 (1) The individuals entitled to be present at an appeal of a judicial recount are the same as those entitled to be present at the judicial recount, and other individuals may only be present if permitted by the Court of Appeal.
(2) On the hearing of the appeal, the Court of Appeal must recount the ballots that are the subject of the appeal in accordance with section 142.
(3) At the conclusion of the appeal, the Court of Appeal must declare the results of the election in accordance with its recount and must issue to the district electoral officer a certificate of those results.
Division 4 — Final Proceedings
146 (1) If no application for a judicial recount is made, at the end of the period for making such an application, the district electoral officer must complete the writ of election in accordance with the results of the election as declared under section 137.
(2) If an application for a judicial recount is made, on receipt of the certificate of the results of the judicial recount under section 143 or the appeal under section 145 (3), the district electoral officer must complete the writ of election in accordance with the results as certified.
(3) If no candidate can be declared elected because 2 or more candidates have the same number of votes, the writ of election must indicate that no member was elected for the electoral district and that the office of the member is vacant.
(4) The district electoral officer must send the completed writ of election to the chief electoral officer in the manner directed by the chief electoral officer.
147 (1) As soon as possible after the date set for the return of the writs of election for a general election, the chief electoral officer must prepare a certified report of the individuals elected to serve as members of the Legislative Assembly and must deliver this to the Clerk of the Legislative Assembly.
(2) For an election not reported under subsection (1), as soon as possible after the return of the writ for the election, the chief electoral officer must prepare a certified report of the individual elected to serve as member of the Legislative Assembly and must deliver this to the Speaker of the Legislative Assembly.
148 (1) This section applies if the chief electoral officer is unable to report a member elected for an electoral district because 2 or more candidates had the same number of votes.
(2) As soon as possible after receiving the writ of election from the district electoral officer, the chief electoral officer must present a report to the Speaker that the office of the member is vacant, in which case a warrant for a by-election is to be issued in accordance with the Constitution Act.
149 (1) The ballots, unopened or resealed certification envelopes, secrecy enclosures, ballot accounts, voting books and lists of voters used in conducting an election, and other materials specific to the election, must be retained by the chief electoral officer
(a) for one year after final voting day for that election, or
(b) if an application to the Supreme Court has been made under Part 8, until such later time as that application is finally determined.
(2) During the retention period under subsection (1), the ballot accounts must be available for public inspection in the office of the chief electoral officer during its regular office hours.
(3) At the end of the retention period under subsection (1), the ballots and the unopened or resealed certification envelopes and secrecy enclosures must be destroyed unless otherwise ordered by a court.
Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 10.1 | Part 11 | Part 12 | Part 13 | Schedule
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