88 (1) The clerk shall retain the ballots and all other documents and materials related to an election for 120 days after declaring the results of the election under section 55. 1996, c. 32, Sched., s. 88 (1); 2009, c. 33, Sched. 21, s. 8 (49). Destruction of records (2) When the 120-day period has elapsed, the clerk, (a)  shall destroy the ballots, in the presence of two witnesses; and (b)  may destroy any other documents and materials related to the election. 1996, c. 32, Sched., s. 88 (2); 2009, c. 33, Sched. 21, s. 8 (50). Exception, recount (3) However, the clerk shall not destroy the ballots, documents or materials if, (a)  a court orders that they be retained; or (b)  a recount has been commenced and not finally disposed of. 1996, c. 32, Sched., s. 88 (3). Exception, election campaign finance documents (4) Subsection (2) does not apply to documents filed under sections 88.25, 88.29 and 88.32, which the clerk shall retain until the members of the council or local board elected at the next regular election have taken office. 1996, c. 32, Sched., s. 88 (4); 2009, c. 33, Sched. 21, s. 8 (51); 2016, c. 15, s. 45 (1). Public records (5) Despite anything in the Municipal Freedom of Information and Protection of Privacy Act, documents and materials filed with or prepared by the clerk or any other election official under this Act are public records and, until their destruction, may be inspected by any person at the clerk’s office at a time when the office is open. 1996, c. 32, Sched., s. 88 (5). Exception re filings, etc. (6) Subsection (5) does not apply to documents and materials filed with or prepared by the clerk or any other election official under this Act once the 120-day period has elapsed. 2016, c. 15, s. 45 (2). Exception re ballot box, etc. (6.1) Subsection (5) does not entitle a person to inspect the contents of a ballot box or any applications made under section 24 or 25 unless authorized to do so by a court order. 2016, c. 15, s. 45 (2). Redacted information (6.2) Subsection (5) does not apply to information about a person that has been redacted under section 4.7 of the Election Act. 2020, c. 23, Sched. 4, s. 12 (1). Extracts and copies (7) A person inspecting documents under this section is entitled to make extracts from them and, on payment of the fee established by the clerk, to make copies of them. 1996, c. 32, Sched., s. 88 (7). Restriction (7.1) Subsection (7) does not entitle a person to make extracts from, or copies of, the voters’ list, unless authorized to do so by a court order. 2020, c. 23, Sched. 4, s. 12 (1). Fees for copies (8) The fee established for copies shall not exceed the lowest rate the clerk charges for copies of other documents. 1996, c. 32, Sched., s. 88 (8). Grounds for order (9) The court presiding over a proceeding in respect of any matter relating to a provision of this Act may make an order under clause (3) (a) or subsection (6.1) or (7.1) if satisfied that the documents are or may be required for the proceeding.  2009, c. 33, Sched. 21, s. 8 (52); 2020, c. 23, Sched. 4, s. 12 (2). Information to be made available (9.1) The clerk shall make the documents filed under sections 88.25, 88.29 and 88.32 available at no charge for viewing by the public on a website or in another electronic format as soon as possible after the documents are filed. 2016, c. 15, s. 45 (3). Restrictions (10) No person shall use information obtained from public records described in subsection (5), except for election purposes. 1996, c. 32, Sched., s. 88 (10). Voters’ list (11) A voters’ list prepared under this Act shall not be, (a)  posted in a public place; or (b)  made available to the public in another manner that is prescribed. 1996, c. 32, Sched., s. 88 (11). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 21, s. 8 (49-53) - 01/01/2010 2016, c. 15, s. 45 (1-3) - 09/06/2016 2020, c. 23, Sched. 4, s. 12 (1, 2) - 01/01/2023 The Election Campaign