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After the Election

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Recounts

The Municipal Elections Act, 1996 requires an automatic recount only if the votes are tied.

A municipal council or school board may order a recount within 30 days after the clerk has declared the results of the election. If the votes were not tied, but you feel that there should be a recount, you must either persuade council (or the school board, as the case may be) to order one, or you may apply to the Superior Court of Justice to persuade a judge to order a recount. Note: you must be an eligible elector in order to apply to the court.

Recounts must be conducted in the same way that the votes were originally counted, unless the recount is ordered by the court. For example, if the votes were counted by a vote tabulator, they may not be counted by hand during the recount.

If the recount is ordered by the court, the judge may order that the votes be counted in a different manner if the judge believes that the way the votes were counted the first time was a factor.

Compliance audits

Each municipality and school board must appoint a compliance audit committee.

If you believe, on reasonable grounds, that a candidate has contravened the election finance rules, you may apply for a compliance audit of the candidate’s campaign finances. The application must be in writing, and must set out the reasons why you believe that the candidate has contravened the rules. Only an eligible voter is allowed to apply for a compliance audit.

The deadline for candidates to file their financial statements is the last Friday in March following the election (March 27, 2015). An application for a compliance audit must be submitted to the municipal clerk who conducted the election within 90 days of the filing deadline.

The deadline for a candidate to file a supplementary financial statement is the last Friday in September (September 25, 2015). If a candidate files a supplementary financial statement, an application for a compliance audit may be submitted within 90 days of the supplementary filing deadline.