Results

A recount shall be conducted if one or more of the following occur: 

• Two or more candidates receive the same number of votes and cannot both or all be declared elected to the office; 
• Within 30 days after declaring the results, Clarington Council passes a resolution requiring a recount of the votes cast, for all or specified candidates for an office on the Council 
• Within 30 days after declaring the results, a local board passes a resolution requiring a recount of the votes cast, for all or specified candidates for an office on the local board, or  
• An order is received from the Superior Court of Justice to conduct a recount. 

The Municipal Clerk conducts a recount in accordance with any applicable Clarington procedures and the Municipal Elections Act, which states that a recount shall be conducted in the same manner as the original count (i.e. by internet/telephone).  

However, in accordance with Section 60(3) of the Municipal Elections Act, if the judge who orders a recount under Section 58 is of the opinion that the manner in which the original count was conducted caused or contributed to the doubtful result, he or she may, in the order, provide that the recount shall be held in a different manner and specify the manner. 

Unofficial recount results may be made public after the recount has been certified by the Municipal Clerk. 

In case there is a court appeal, in accordance with the Municipal Elections Act, the results will not be declared by the Municipal Clerk until the 16^th day after the recount. 

There is not necessarily a need for Council to vote on holding a recount, but rather Council has the authority to require a recount if the resolution is passed within 30 days after the declaration of results. 

The resolution for a recount must be passed within 30 days after the Clerk’s declaration of the results of the election. 

Yes, a person who is entitled to vote in an election, and who has reasonable grounds for believing the election results to be in doubt, may apply to the Superior Court of Justice for an order directing the Clerk to hold a recount. 

The application shall be commenced within 30 days after the Clerk’s declaration of the results of the election. 

The court, if satisfied there are sufficient grounds, shall make an order requiring the Clerk to hold a recount. 

The Clerk must hold a recount: 

• within 15 days after the declaration required by Section 55(4) a) b) of the results of the election (in the case of a tied result), or 
• within 15 days after the resolution is passed by Council or School Board, or 
• within 15 days after the order is made by the Minister under Section 57(1)(c). 
• within 15 days after the day the Clerk receives a copy of the order under Section 58(4). 

There is no such thing as “disputed ballots” when using internet/telephone voting. The ballot is either cast or declined. 

A judicial review occurs when an elector seeks and obtains an order pursuant to Section 58 of the Municipal Elections Act from the Superior Court of Justice directing a recount. 

The votes to be included in the recount are as follows: 

• In a recount for a tied vote, the votes cast for candidates who are tied. 
• In a recount being conducted under the authority of a council or local board resolution, the votes cast for candidates named in the resolution (all or specified candidates). 
• In a recount being conducted under the authority of a court order, the votes cast for candidates named in the order (all or specified candidates). 

The Clerk may include the votes cast for other candidates for the office being recounted or, where warranted by the voting technology used, votes cast for candidates for other offices. 

In accordance with Section 61 of the Municipal Elections Act, the following persons may be present at the Recount: 

• The Municipal Clerk 
• Election Officials appointed by the Municipal Clerk 
• (Where applicable) The applicant who applied to Superior Court of Justice for an Ordered Recount (where Order is issued) and their: 
  • Lawyer, and 
  • One scrutineer 
• Every certified candidate for the office which the recount is being conducted and their: 
  • Lawyer, and 
  • One scrutineer 
• Any other person with the Municipal Clerk’s permission