Election General Results
At any general election or by-election the candidate or candidates receiving the highest number of votes are declared elected.
In the case of a vote on a bylaw or question, if more than 50 per cent of the persons voting vote in favour of the bylaw or question, the bylaw or question is deemed to be approved by the electors.
Tie-Vote: LAEA s.99
In the event that two or more candidates for any office receive the same number of votes, and it is necessary for determining which candidate is elected, the returning officer must write the candidate’s names separately on blank sheets of paper of equal size, shape and of the same colour and texture, and fold the sheets of paper in a uniform manner.
The papers are then placed in a receptacle and the returning officer must direct a person to withdraw one of the pieces of paper. The returning officer must declare the candidate whose name was drawn as the candidate that received one more vote than the other candidate(s).
Declaration of Results: LAEA s.97
The returning officer may publish unofficial results after an election as the results are
received from voting stations.
At 12:00 noon on the 4th day following Election Day, the returning officer at the local
jurisdiction office, must announce or post a statement of the results, including a declaration that the candidate receiving the highest number of votes for each office to be filled is elected.
If the returning officer announces the results, they must post a statement signed by the returning officer showing the number of votes for each candidate.
The returning officer must forward the number of votes for each candidate to the Deputy Minister of Municipal Affairs using the Elections Database.
Returning Officer’s Recount: LAEA s.98
In the event a recount is necessary, review the sections of the LAEA to ensure that
you are following appropriate processes.
The returning officer may call for a recount of the votes cast at one or more of the voting stations if:
- a candidate or official agent or scrutineer shows grounds that the returning officer considers reasonable for alleging that the record of the result of the count at any voting station is inaccurate;
- the returning officer considered that the number of valid ballots objected to or rejected ballots other than those on which no vote was cast, was sufficient to affect the result of the election; or
- the returning officer is of the opinion that there may have been an administrative or technical error that may have caused an error in the count of votes.
An application to the returning officer to conduct a recount can be made during the 44 hours immediately following the close of voting stations.
If the returning officer calls for a recount they must, within 12 hours of the recount, notify any candidates who may be affected and those election officers that the returning officer deems necessary to conduct the recount.
All seals on the ballot boxes may be broken and all ballots contained in the ballot box must be counted in the same manner as the deputy returning officer counted the ballots on Election Day.
Following the recount, the returning officer must correct the ballot account if necessary and return all materials and documents back into the ballot box, close and seal the ballot box.
Judicial Recount: LAEA Part 4 s.103-115
At any time within 19 days after the close of the voting station(s) on Election Day, an elector may apply to the Court for a recount.
After the elector has filed an affidavit alleging that the returning officer or another election officer improperly counted or rejected ballots, the elector must deposit to the Court $300 to cover costs and expenses.
As soon as practicable, the returning officer must deliver the sealed ballot boxes, the
ballot account and the nomination papers to the Chief Administrative Officer for municipal elections or the secretary of the school division for school board elections.
The CAO/secretary is required to retain the ballot account and the nomination papers until the term of office for which they relate has expired.
The ballot account and the nomination papers may be inspected by an elector during regular business hours and in the presence of the secretary.
Disposition of Materials: LAEA s.101
The CAO/secretary, unless otherwise ordered by a judge, must retain copies of the voting registers (if any) and the ballot boxes with their seals unbroken for a period of six weeks following the date of the election.
At the conclusion of the six weeks and no later than 12 weeks after voting day, the ballot box seals may be broken and opened and all contents destroyed in the presence of two witnesses.
At the conclusion of the disposition, the two witnesses must complete an affidavit that they witnessed the destruction of the contents of the ballot boxes.
In the event of an order from a judge, the ballot boxes and any copies of the elector
register cannot be destroyed until after that date contained within the order.
Order for Inspection of Ballots: LAEA s.102
Unless ordered by a judge, no person may inspect the contents of the ballot box in the custody of the CAO/secretary.
An order may be granted of evidence, satisfactory to the judge, that the inspection or production of the contents of the ballot box is required for maintaining the prosecution of an offence related to the election, contesting the election, or preparing an application for a recount.