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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Election Act

[RSBC 1996] CHAPTER 106

Part 7 — Counting of the Vote

Division 1 — Initial Count

What is the initial count

115  The initial count is to be a count of the votes on the ballots for an election, other than those contained in certification envelopes.

When the initial count is to take place

116  (1) The initial count must not take place until the close of general voting for the election but must take place as soon as possible after this time.

(2) If the close of general 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 general voting for the other voting opportunities.

(3) If the close of general voting is extended under section 272 by an adjournment, the initial count for all voting opportunities must not begin until the close of general voting for the adjourned voting opportunity.

Where the initial count is to take place

117  (1) The initial count of ballots used for general voting must be conducted at the voting place where the general voting was conducted, unless the district electoral officer directs that the count is to take place at another location.

(2) The initial count of ballots other than those referred to in subsection (1) must be conducted at a place specified by the district electoral officer.

(3) The district electoral officer must notify the candidates of any place other than a voting place referred to in subsection (1) at which the initial count is to be conducted.

Who conducts the initial count

118  (1) The initial count of the ballots in a ballot box must be conducted by the voting officer responsible for the ballot box.

(2) The voting officer may be assisted by another election official under the direction of the voting officer, but must personally make all decisions regarding the acceptance of a vote or the rejection of a ballot.

(3) As an exception to subsection (1), if the district electoral officer considers that the voting officer will not reasonably be able to conduct the initial count, the district electoral officer may assign the voting officer's responsibilities under this Division to another election official.

Who must and may be present at the initial count

119  (1) At the initial count, for each ballot box for which the count is being separately conducted,

(a) the voting officer responsible 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.

(2) Individuals other than those permitted by subsection (1) and other than election officials taking part in the counting may not be present during the initial count unless permitted by the district electoral officer or an election official authorized by the district electoral officer.

Proceedings on the initial count

120  (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 voting officer;

(c) any certification envelopes found in the ballot box are to be removed by the voting officer and kept separate and unopened for inclusion with the other election materials as required by section 126;

(d) the remaining ballots are to be considered in accordance with sections 122 to 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 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).

Ballot account for initial count

121  (1) For each ballot box, the voting officer must prepare in duplicate a ballot account with the following information:

(a) the election for which it is prepared;

(b) the voting opportunity for which the ballot box was used;

(c) the number of ordinary ballots and the number of write-in ballots provided to the voting officer for that voting opportunity;

(d) the number of ordinary ballots and the number of write-in ballots that remain unused;

(e) the number of ordinary ballots and the number of write-in ballots that were marked as spoiled and replaced under section 113;

(f) the number of ordinary ballots and the number of write-in ballots that were used in certification envelopes according to the records for the voting opportunity.

(2) After the counting under section 120 (1) (d) is complete, the voting officer 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 voting officer 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 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 voting officer must provide a signed copy of the ballot account to each candidate or candidate representative present who requests it.

Consideration of ballots

122  (1) Each ballot to be considered on the initial count must be dealt with as follows:

(a) the voting officer must unfold the ballot;

(b) if the counterfoil of the ballot is attached, the voting officer must remove and discard the counterfoil, without examining the number on it and with care to conceal the number from other individuals present;

(c) the voting officer must consider in accordance with section 123 whether the ballot is to be accepted as a vote or whether it is to be rejected;

(d) after making the consideration, the voting officer 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;

(e) the voting officer 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 voting officer 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.

Rules for accepting and rejecting ballots

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) 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.

(2) Unless rejected under subsection (1), any of the following marks on an ordinary ballot is to be accepted and counted as a vote for the applicable candidate:

(a) a cross in or partly in the blank space provided on the ballot opposite the name of the candidate;

(b) a tick mark that is placed in the location referred to in paragraph (a);

(c) a mark other than one referred to in paragraph (a) or (b) that

(i) is placed in the location referred to in paragraph (a), and

(ii) 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);

(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.

Objections to the acceptance of a vote or the rejection of a ballot

124  (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 voting officer under section 122.

(3) The decision of the voting officer 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 by the district electoral officer 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 voting officer must

(a) record the objection on the form established 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.

Preliminary election results

125  (1) After the ballot account is completed under section 121 (3), the voting officer must report to the district electoral officer the number of votes accepted for each candidate and the number of rejected ballots.

(2) On the basis of the reports received under subsection (1), the district electoral officer may make public preliminary results for the election.

Packaging and delivery of election materials to district electoral officer

126  (1) After the ballot account is completed, the voting officer must separately package each of the following:

(a) ballots accepted as votes, separated for each candidate;

(b) rejected ballots;

(c) ballots that were marked as spoiled and replaced under section 113;

(d) unused ballots and the stubs of used ballots;

(e) the unopened certification envelopes separated under section 120;

(f) any applications for registration as a voter or updating voter registration information.

(2) Each package under subsection (1) must be sealed by the voting officer and marked to indicate its contents.

(3) The voting officer must place the marked packages in the ballot box together with the following:

(a) a completed ballot account;

(b) the voting book used at the voting opportunity;

(c) any marked list of voters used at the voting opportunity;

(d) if applicable, the advance voting certificates used to obtain a ballot;

(e) any other materials directed by the chief electoral officer to be included.

(4) The ballot box must then be sealed in accordance with section 95 and delivered to the district electoral officer in the manner directed by the district electoral officer.

Division 2 — Final Count

What is the final count

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.

When and where the final count is to take place

128  (1) The final count must not take place before the 13th day after general voting day unless authorized by the chief electoral officer.

(2) The final count must be conducted at the office of the district electoral officer unless the district electoral officer gives notice under subsection (3) that it is to be conducted at another location.

(3) The district electoral officer must notify the candidates of the date and time when and, if this is not the office of the district electoral officer, the place where the final count and the certification envelope preparations referred to in section 131 are to be conducted.

Who conducts the final count

129  (1) The final count and the preparations under section 131 must be conducted by the district electoral officer.

(2) The district electoral officer may be assisted in the final count and preparations by other election officials and for this purpose may delegate authority under this Division to those election officials, but on the final count must personally deal with any ballots or envelopes that are subject to an objection under section 124 as it applies to section 134 or 135.

Who must and may be present at the final count and preparations

130  (1) At the final count and preparations under section 131,

(a) the district electoral officer and at least one other election official must be present,

(b) candidates are entitled to be present,

(c) each candidate is entitled to have one candidate representative present, and

(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.

(2) 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 district electoral officer.

Certification envelope preparations for final count

131  (1) Ballot boxes delivered to the district electoral officer under section 126 must be dealt with as follows:

(a) each ballot box must be opened by the district electoral officer;

(b) the election materials, other than the packages containing ballots that were considered in the initial count, must be removed from the ballot box;

(c) the ballot box must be resealed by the district electoral officer in accordance with section 95.

(2) Any package containing certification envelopes must be opened and the envelopes sorted by the following classes:

(a) certification envelopes used to vote under section 98 at a special voting opportunity;

(b) certification envelopes used to vote under section 99 by absentee voting on general voting day in a different voting area;

(c) certification envelopes used to vote under section 100 by absentee voting at general voting for a different electoral district;

(d) certification envelopes used to vote under section 101 by absentee voting at an advance voting opportunity for another electoral district;

(e) certification envelopes used to vote by alternative absentee voting under Division 5 of Part 6;

(f) certification envelopes used in any other circumstances.

(3) Certification envelopes containing ballots for different electoral districts, together with any applications for registration as a voter or updating voter registration information received in relation to them, must be sent to the applicable district electoral officer.

(4) Certification envelopes containing ballots for the electoral district and applications for registration as a voter or updating voter registration information in relation to these must be reviewed and sorted as directed by the chief electoral officer, but the certification envelopes must not be opened until the final count.

Proceedings on final count

132  (1) The final count must proceed as follows:

(a) each class of certification envelopes referred to in section 131 (2) 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 (2);

(e) any recount under section 136 must be conducted in accordance with that section;

(f) the district electoral officer 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.

(2) If it appears from a ballot account prepared in accordance with section 133 (1) that there are so few certification envelopes of a class that the secrecy of the ballots may be at risk, the district electoral officer may authorize the certification envelopes to be combined with those of another class.

(3) If certification envelopes are combined under subsection (2),

(a) the ballot account prepared in accordance with section 133 (1) for the class that has the smaller number of certification envelopes must be attached to the ballot account for the other class, and

(b) the ballot account for the class that has the larger number of certification envelopes must be completed in accordance with section 133 (2) for all combined envelopes.

Ballot account for final count

133  (1) For each class of certification envelopes, the district electoral officer must prepare in duplicate a ballot account with the following information:

(a) the election for which it is prepared;

(b) the class of certification envelopes for which it is prepared;

(c) the number of certification envelopes considered;

(d) the number of certification envelopes to remain unopened under section 134.

(2) After the ballots in a class of certification envelopes have been dealt with under section 135, the district electoral officer 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 envelopes that remain unopened or were resealed under section 135.

(3) After the information is recorded under subsection (2), the duplicate ballot accounts must be signed by the district electoral officer and may be signed by any other individual present at the final count who wishes to do so.

(4) The district electoral officer must provide a signed copy of a ballot account or ballot accounts summary to each candidate or candidate representative present who requests it.

Consideration of certification envelopes

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.

Consideration of ballots from certification envelopes

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 envelope,

(i) the secrecy envelopes 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 envelopes must remain unopened and any ballots in them must not be considered on the final count;

(b) if a certification envelope contains a ballot but no secrecy envelope, 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 envelope 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 envelope, 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 envelope and ballot from other individuals present;

(d) if not otherwise dealt with under this subsection, a secrecy envelope is to be removed from its certification envelope for opening under subsection (2).

(2) The remaining secrecy envelopes referred to in subsection (1) (d) are to be opened one at a time and dealt with as follows:

(a) if a secrecy envelope contains more than one ballot,

(i) the ballots must be resealed in the secrecy envelope,

(ii) the secrecy envelope must be marked as having been dealt with under this provision, and

(iii) the secrecy envelope must not be reopened and the ballots in it must not be considered on the final count;

(b) if a secrecy envelope 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 it is to be completed by

(a) considering the ballots one at a time in accordance with sections 122 to 124, and

(b) completing the ballot account in accordance with section 133 (2).

Recount by district electoral officer of ballots considered in initial count

136  (1) As part of the final count, the district electoral officer

(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 general 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) on the basis that the difference between the votes received by the candidate declared elected and the candidate with the next highest number of votes is 100 votes or fewer,

must recount some or all, as requested, of the ballots that were considered as part of the initial count.

(2) A recount under this section must be conducted in accordance with sections 122 to 124, with the ballots from each ballot box considered separately.

(3) At the conclusion of a recount under this section, the district electoral officer 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.

Declaration of official election results

137  (1) At the conclusion of the final count, the district electoral officer must declare the official election results as follows:

(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).

(2) The results and election as declared under subsection (1) are final subject only to a judicial recount under Division 3 of this Part or a declaration under Part 8.

Preparation of election materials for delivery to chief electoral officer

138  (1) After the final count, the district electoral officer must

(a) seal the ballots and the unopened or resealed certification and secrecy envelopes in suitable packages, marking each as to its contents, place the packages in a ballot box and seal the ballot box in accordance with section 95, and

(b) package all other election materials in accordance with the directions of the chief electoral officer.

(2) Unless otherwise directed by a court, the district electoral officer 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 must deliver the election materials to the chief electoral officer in accordance with the directions of the chief electoral officer.

Division 3 — Judicial Recount

Application for judicial recount by Supreme Court

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 or secrecy envelopes 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.

(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.

Notice of time and place for recount

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 no later than 8 days after the petition commencing the application is filed.

(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.

Individuals who may be present at a 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.

Judicial recount procedure

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

(a) consider ballots in accordance with sections 122 and 123 and 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.

Results of judicial recount

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.

Appeal of judicial recount

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).

Procedure on appeal of judicial recount

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

Return of the writ of election

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.

Report of results of election by 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.

By-election if tie vote

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.

Retention of election materials

149  (1) The ballots, unopened or resealed certification and secrecy envelopes, 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 general 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 ballots 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 and secrecy envelopes 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 11 | Part 12 | Part 13 | Schedule