Backgrounders

Validation of Results, Judicial Recounts and Contested Elections

Before a Person Is Declared Elected

Validation of Results

The validation of the results of a vote is done by a returning officer soon after polling day. On a validation the returning officer verifies the cumulative addition of the individual results recorded and reported by each poll on its statement of vote.

During the validation the returning officer does not decide whether a ballot should have been counted, does not recount the actual ballots and does not deal with any other issues respecting irregularities at the poll.

In order to verify the results the returning officer adds together the total votes reported by each poll for each candidate.

The Chief Electoral Officer has no authority to correct or otherwise alter results that have been validated by a returning officer. The review mechanism for validated results is the judicial recount.

Judicial Recount

A judicial recount is conducted by a judge. In a recount the judge examines the ballots that were cast in a polling station. The judge determines if a ballot should be counted and for which candidate and totals the ballots cast for each as well as any other spoiled or rejected ballots.

Judicial recounts take place after the results of a vote have been validated by a returning officer and do not deal with any issue other than how a ballot should be counted and the totals.

The results of a judicial recount are final and cannot be corrected or altered by a returning officer or the Chief Electoral Officer.

After a Person Is Declared Elected

Contested Elections

All other concerns respecting the regularity of an election other than for things that are dealt with in judicial recounts are dealt with after a person is declared elected through the contested election process. After a person is declared elected in an election any elector who was eligible to vote in a district or any candidate in that district may bring an application for a contested election before a judge. On a contested election a judge is required to determine whether the person who won the election was eligible to be a candidate or whether there were any other irregularities, fraud, or corrupt or illegal practices that affected the result of the election. This is a court proceeding at the end of which the judge either dismisses the application or invalidates the result of the election. An appeal from this decision can be brought to the Supreme Court of Canada. The Chief Electoral Officer, along with the Attorney General, the relevant returning officer, the candidates in the election and the person bringing the application are all parties in a contested election.

For more information, please contact:

Elections Canada
257 Slater Street
Ottawa, Ontario
K1A 0M6

Telephone

1 800 463-6868
toll-free in Canada and the United States

001 800 514-6868
toll-free in Mexico

(613) 993-2975
from anywhere in the world

For people who are deaf or hard of hearing:
TTY 1 800 361-8935
toll-free in Canada and the United States

Fax

(613) 954-8584
1 888 524-1444
toll-free in Canada and the United States

This publication is available in alternative formats.

January 2006