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Results, Validation and Judicial Recounts: Unofficial results Following the close of the polls, each deputy returning officer in the riding counts the votes for his or her polling station, in the presence of the poll clerk, and any candidates or their representatives, or, if none are present, at least two electors. Before the count, the deputy returning officer must, in the following order:
During the count, the poll clerk (along with any of the candidates or their representatives who also wish to do so) keeps a tally of the votes for each candidate. The deputy returning officer examines each ballot, shows it to each person present and asks the poll clerk to tally the vote in favour of the candidate for whom the vote was cast. The deputy returning officer must reject ballots that were not supplied by him or her, that were improperly marked, or that were voided by the elector. The deputy returning officer keeps a record of every objection to a ballot made by a candidate or his or her representatives, numbers the ballot and initials it. The decision of the deputy returning officer is subject only by a judge on a judicial recount or on contestation of the validity of the election. After the count, the deputy returning officer fills out a statement of the vote, recording the number of votes received at that polling station by each candidate and the number of rejected ballots. The deputy returning officer then telephones the unofficial results to the returning officer, who makes them public immediately. Although published, the results remain incomplete until all the deputy returning officers have phoned in their results. The candidates or their representatives who are present at the count have the right to receive a copy of each statement of the vote. The ballots and other election documents are then sealed in the ballot box, which is delivered to the returning officer for the validation of the results. Validation of the results Within seven days of election day, the returning officer must validate the results in the presence of the assistant returning officer, and any candidates or their representatives or, if none are present, at least two electors, by adding the totals given on each statement of the vote. The date, time and place of the validation is given in the Notice of Election published by the returning officer at the beginning of the election, so that the persons mentioned above may attend. The validation may not proceed if the returning officer has not received all the ballot boxes and the results of voting by special ballot. The validation must be postponed and every effort must be made to retrieve any missing ballot box. The Canada Elections Act contains specific provisions on how to proceed if a ballot box has been destroyed or continues to be missing. In validating the results, the returning officer never manipulates ballots. The validation is done on the faith of the statements of the vote prepared by the deputy returning officers. If the statement of the vote is missing, appears to contain an error, to be incomplete or to have been altered, or is disputed by a candidate or his or her representative, the returning officer may open the ballot box to retrieve the copy of the statement. If the copy of the statement of the vote is not useful for resolving the issue, the returning officer may use the information that is written on the envelopes that contain the ballots. The returning officer must not open an envelope that appears to contain ballots; he or she cannot recount the votes. The returning officer delivers a certificate announcing the validated results to the candidates. On the seventh day following the validation, or as soon as possible after the completion of a judicial recount, the returning officer "returns the writ" of election to the Chief Electoral Officer, after having, at the back of it, declared elected the candidate who has received the most votes. Judicial recounts If the leading candidates receive the same number of votes after the validation of the results, or if they are separated by less than one one-thousandth of the total votes cast in the electoral district, the returning officer automatically requests a judicial recount and advises the candidates and their official agents of it in writing. Any elector, including a candidate, may ask a judge (as defined in section 2 of the Canada Elections Act) to carry out a judicial recount. The request must be presented within four days of the validation of the results and must include an affidavit that the count was improperly carried out, that ballots were improperly rejected or that the returning officer incorrectly added up the results at the validation. The applicant must deposit $250 with the court as security for the costs of the candidate who obtained the largest number of votes. If the judge grants a recount, it must begin within four days of the receipt of the request. Except with the permission of the judge, the only people permitted to be present at the recount are the judge, the returning officer, the candidates and a maximum of three representatives for each candidate. If a candidate is neither present nor represented, a maximum of three electors are entitled to attend on the candidate's behalf. The judge makes the recount from the statements contained in the ballot boxes, or recounts some or all of the ballots returned by the deputy returning officers. If the candidates still have the same number of votes after the recount, a by-election will be held for that electoral district. As soon as the returning officer receives the judge's certificate stating the results of the judicial recount, and if there is no tie vote, he or she writes the name of the winning candidate on the election writ and returns the writ to the Chief Electoral Officer. For more information, please contact: Elections Canada Telephone 1 800 463-6868 001 800 514-6868 (613) 993-2975 For people who are deaf or hard of hearing: Fax (613) 954-8584 This publication is available in alternative formats. February 2005
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