Application for recount
97. (1) A candidate who disputes the validity of a ballot or of the counting of votes in any ballot may, within fifteen days following the completion of the recount by the recount officer, make an application to a judge of the Ontario Court (Provincial Division) for a recount limited to the disputed ballots. Service (2) The applicant shall serve notice of the application upon the recount officer and, if the application concerns an election to office, upon each candidate for that office. Procedures (3) Subsection 123(1) applies with necessary modifications to an application under subsection (1). Documents to be provided by recount officer (4) If an application is made under subsection (1), the recount officer shall attend the hearing of the application and provide the judge with, (a) a certified copy of the result of the recount conducted by the recount officer; (b) a certified copy of the result of the recount conducted by the recount officer excluding the disputed ballots; (c) the sealed envelope containing the disputed ballots from the recount conducted by the recount officer; and (d) any other documents relating to the election that are relevant to the application. Determination by judge (5) The judge, in the presence of the persons entitled to be present at the recount conducted by the recount officer and who have attended the hearing, shall, (a) determine the validity of the disputed ballots or the counting of votes in any disputed ballots and for this purpose shall open the sealed envelope containing the disputed ballots; (b) recalculate the result of the election using the determinations the judge made in clause (a) and the certified results provided by the recount officer in clause (4)(b); and (c) calculate the result of the election excluding the ballots disputed under subsection (6). Disputed ballots (6) If a party to the application requests the judge to do so, the judge shall initial any ballots the validity of which, despite any order to the contrary made by the judge under this section, is disputed by the party. Order (7) Upon completion of the recount, the judge shall make an order providing for those matters described in subsection (5) and shall, (a) announce the result of the recount, including the number of disputed ballots, to the persons present at the recount; (b) seal any ballots the validity of which is disputed under subsection (6) in a separate envelope clearly marked so as to indicate its contents; (c) except for the ballots described in clause (b), seal the disputed ballots from the recount conducted by the recount officer in their original envelope; (d) give the envelope referred to in clause (b) to the recount officer; and (e) return the envelopes referred to in clause (c) along with any documents relating to the election that were provided to the judge by the recount officer, to the recount officer. Certified copy of order (8) The judge shall give a certified copy of the order to the recount officer who shall promptly give it to the returning officer. Tied vote (9) In the case of a tied vote under section 99, the recount officer shall determine the successful candidate by lot under that section and give a certified copy of the result of the lot to the returning officer together with the order under subsection (8). Results declared or certified by returning officer (10) After receipt of the order, the returning officer shall declare the candidate or candidates, as the case may be, having the greatest number of votes or being a successful candidate in a lot under subsection (9) to be elected or certify to the council the result of the vote with respect to a by-law or question, as applicable, unless within fifteen days following the completion of the recount, an appeal is made under subsection 98(1). R.S.O. 1990, c.M.53, s.97.