jswizzle3737/ontario_laws_and_regs huggingface dataset:
Voting of D.R.O., poll clerk, etc., where employed
55. (1) Subject to subsection (2), at the request of a person whose name is entered on the polling list for a polling place in a municipality who has been appointed a deputy returning officer, poll clerk, election assistant or constable at another polling place, the clerk of the municipality shall give the person a certificate in the prescribed form that he or she is entitled to vote at the polling place at which the person is stationed during the polling day. Where municipality divided into wards (2) No certificate shall be issued under this section entitling an elector in a municipality that is divided into wards to vote at a polling subdivision in a ward different from the ward in which the polling place at which the elector is otherwise entitled to vote is situate. When certificate may be given (3) The clerk shall not give a certificate under this section until he or she has ascertained by reference to the polling list or to a certificate under section 36 that the applicant is entitled to vote, and the person to whom the certificate has been given is not thereafter entitled to vote at the polling place at which, by the polling list or certificate under section 36, he or she had been entitled to vote. Certificate (4) The certificate shall designate the polling place at which the person is to be permitted to vote. R.S.O. 1990, c.M.53, s.55.
Certificate entitles person to vote
56. (1) A person who produces a certificate given to him or her under section 55 is entitled to vote at the polling place designated therein, but the certificate does not entitle the person to vote there unless he or she has been actually engaged there as a deputy returning officer, poll clerk, election assistant or constable during polling day. Entry on polling list (2) The deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of the person voting under the authority of a certificate issued under section 55. Certificate, to be given to D.R.O. (3) A person voting under the authority of a certificate shall deliver it to the deputy returning officer before receiving a ballot. to be kept in envelope (4) The deputy returning officer shall enclose all certificates to which this section applies in one envelope. R.S.O. 1990, c.M.53, s.56. Procedure at Poll
Hours poll to be open
57. (1) Every polling place shall be open for the purpose of taking the poll at every election from 10 o’clock in the forenoon until 8 o’clock in the afternoon of polling day.  Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57 (1) is repealed and the following substituted: Hours poll to be open (1) Every polling place shall be open for the purpose of taking the poll at every election from 8 o’clock in the forenoon until 8 o’clock in the afternoon of polling day. See: 1994, c. 34, ss. 1, 2. Closing of polling place (2) Despite subsection (1), the returning officer may close a polling place located in an institution or upon the premises of an institution described in subsection 52(1) any time after 1 p.m. if the polling place is only for the use of residents and patients of the institution and all of the electors on the polling list for that polling place have voted or have indicated in response to the inquiry of the deputy returning officer that they do not intend to vote. R.S.O. 1990, c.M.53, s.57.
When D.R.O. to attend poll
58. (1) A deputy returning officer shall attend at the polling place for which he or she was appointed at least fifteen minutes before the hour fixed for opening the poll. Inspection of ballots before opening of poll (2) During the period of fifteen minutes before the opening of the poll, the scrutineers who are entitled to be present in a polling place during polling hours are entitled to inspect the ballots and all other papers, forms and documents relating to the poll if the inspection does not impede the opening of the poll on time. R.S.O. 1990, c.M.53, s.58.
Inspection, sealing of ballot box
59. A deputy returning officer shall, (a) immediately before opening the poll at his or her polling place, show the ballot box to the persons present in the polling place so that they may see it is empty; (b) seal the box or seal and lock the box in such a manner as to prevent it from being opened without breaking the seal; (c) keep the box on a desk, counter or table or otherwise so that it is raised above the floor in full view of all present; and (d) keep the box sealed or sealed and locked until the box is required to be opened to count the votes under section 77. R.S.O. 1990, c.M.53, s.59.
Duties of D.R.O. on tender of vote
60. (1) Where a person enters the polling place and requests a ballot paper, the deputy returning officer shall proceed as follows: 1. He or she shall ascertain that the name of that person or a name apparently intended for it is entered on the polling list for the polling subdivision or that the person is entitled to vote under a certificate issued by the clerk pursuant to section 36 or 55 and the poll clerk shall, on a separate polling list, delete the name of that person on the polling list. 2. The poll clerk shall indicate on the polling list maintained by the poll clerk opposite the person’s name the numerical order in which the person was given a ballot paper. 3. If voting by that person is objected to by any candidate or scrutineer, the deputy returning officer shall enter the objection or cause it to be entered on the polling list maintained by the poll clerk by noting, opposite the person’s name, the fact that an objection was made and the name of the candidate on whose behalf it was made. The deputy returning officer shall require the person in respect of whom the objection was made to take the prescribed oath. 4. If the deputy returning officer is not satisfied that that person is the person designated in the polling list or in a certificate mentioned in paragraph 1 and is otherwise entitled to vote, although no candidate or scrutineer has objected, he or she may require the person to take the prescribed oath. 5. If such person having been required to take the oath refuses to do so, the deputy returning officer shall note or cause to be noted, opposite the person’s name on the polling list maintained by the poll clerk, the fact that the person refused to be sworn or to affirm, as the case may be, and a ballot paper shall not be delivered to that person. 6. If such person takes the oath, the deputy returning officer shall note or cause to be noted, opposite that person’s name on the polling list maintained by the poll clerk, the fact that the person was sworn or affirmed, as the case may be. The deputy returning officer shall put his or her initials on the back of the ballot paper, so placed that when the ballot is folded they can be seen without opening it, and shall deliver the ballot paper to that person. 7. If the deputy returning officer is satisfied that such person is the person designated in the polling list or in a certificate mentioned in paragraph 1 and is otherwise entitled to vote and if no candidate or scrutineer objects to voting by that person, the deputy returning officer shall initial the back of a ballot paper so that when the ballot is folded the initials can be seen without opening it and shall deliver the ballot paper to that person. 8. The deputy returning officer may, and upon request shall, either personally or through the poll clerk, explain to the elector as concisely as possible the mode of voting. Elector in polling place at closing (2) Every elector qualified to vote at a polling place who is inside the polling place at the time fixed for closing the poll is entitled to vote. R.S.O. 1990, c.M.53, s.60.
Entry of name on polling list by D.R.O.
61. (1) If a person representing himself or herself to be an elector applies to a deputy returning officer at a polling place for a ballot and the person’s name does not appear on the polling list or in a certificate issued under section 36 or 55 as entitled to vote at the polling place, the person is entitled to have his or her name entered on such polling list and to receive a ballot and to vote if he or she takes a declaration in the prescribed form and otherwise establishes his or her identity to the satisfaction of the deputy returning officer. Idem (2) The deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of the elector. R.S.O. 1990, c.M.53, s.61.
Where it appears person voted in place of elector, etc.
62. Where an elector entitled to vote at a polling place applies for a ballot paper and it appears that another person has voted as that elector or that an entry has been made in the polling list in error that such elector has polled his or her vote, if the elector takes an oath in the prescribed form and otherwise establishes his or her identity to the satisfaction of the deputy returning officer, he or she is entitled to receive a ballot paper and the deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of that elector. R.S.O. 1990, c.M.53, s.62.
Identification
63. For the purpose of establishing the identity of a person under section 61 or 62, the deputy returning officer may require the person to provide personal identification. R.S.O. 1990, c.M.53, s.63.
Inquiry
64. No inquiry shall be made of an elector who is required to take the oath under section 60 or 62 except with respect to the matters required to be stated in the oath or to ascertain if he or she is the person intended to be designated on the polling list. R.S.O. 1990, c.M.53, s.64.
Procedure on receipt of ballot
65. Upon delivery to him or her of a ballot paper by a deputy returning officer, the person receiving it shall, (a) forthwith proceed into the compartment provided for the purpose and shall then and there mark the ballot paper with a cross or other mark with a pen or pencil within the circle or circular space to the right of the name of a candidate for whom he or she intends to vote; (b) then fold the ballot paper so as to conceal the names of the candidates and the marks upon the face of it and so as to expose the initials of the deputy returning officer; (c) then leave the compartment without delay, and without showing the face of the ballot paper to anyone, or so displaying it as to make known how he or she has marked it; and (d) then deliver the ballot paper so folded to the deputy returning officer. R.S.O. 1990, c.M.53, s.65.
Duty of D.R.O. on receipt of ballot
66. (1) Upon delivery of a ballot paper to him or her by an elector, the deputy returning officer, without unfolding the ballot paper, or in any way disclosing the names of the candidates or the marks made by the elector, shall verify his or her own initials, and at once deposit the ballot paper in the ballot box in the presence of all persons entitled to be present and then present in the polling place, and the elector shall forthwith leave the polling place. Person deemed to have voted (2) A person whose ballot has been placed in the ballot box by the deputy returning officer shall be deemed to have voted. R.S.O. 1990, c.M.53, s.66.
Person not to take ballot from polling place
67. (1) A person who has received a ballot from a deputy returning officer shall not take it out of the polling place, and a person who receives a ballot and leaves the polling place without returning it to the deputy returning officer, or returns the ballot declining to vote, forfeits the right to vote, and the deputy returning officer shall make an entry on the polling list maintained by the poll clerk “Forfeited Vote” opposite the person’s name, and in the case where a person returns the ballot declining to vote, the deputy returning officer shall immediately write the word “Declined” upon the ballot and preserve it to be returned to the clerk. Ballot accidentally spoiled (2) An elector who has inadvertently dealt with his or her ballot in such a manner that it cannot be conveniently used, upon returning it to the deputy returning officer, is entitled to obtain another ballot, and the deputy returning officer shall immediately write the word “Cancelled” upon the first-mentioned ballot and preserve it to be returned to the clerk. R.S.O. 1990, c.M.53, s.67.
No other person in compartment while elector marking ballot
68. Subject to section 69, while an elector is in a compartment for the purpose of marking the ballot paper, no other person shall be allowed to enter the compartment or to be in a position from which he or she can see how the elector marks the ballot paper. R.S.O. 1990, c.M.53, s.68.
Elector illiterate, blind or handicapped
69. (1) On the application of any elector who is illiterate or is blind or is handicapped by other physical cause from voting in accordance with the other provisions of this Act, the deputy returning officer shall require the elector making the application to take an oath of inability to vote without assistance, and shall thereafter assist the elector by marking his or her ballot in the manner directed by the elector in the presence of the poll clerk and of no other person and place the ballot in the ballot box. Handicapped elector’s ballot marked by friend (2) The deputy returning officer shall either deal with an elector mentioned in subsection (1) in the manner provided therein or, at the request of any such elector who has taken the prescribed oath and is accompanied by a friend, shall permit the friend to accompany the elector into the voting compartment and mark the elector’s ballot for him or her. Oath of friend (3) Any friend who is permitted to mark the ballot of an elector under subsection (2) shall first be required to take the prescribed oath that he or she will keep secret the manner in which the elector voted. May act as friend only once (4) No person shall be allowed to act as the friend of more than one elector at any polling place other than a polling place established under section 52. R.S.O. 1990, c.M.53, s.69.
Elector who cannot understand English
70. Where the deputy returning officer does not understand the language of the elector, an interpreter provided by the elector may be sworn in the prescribed form to translate the necessary oaths as well as any lawful questions necessarily put to the elector and his or her answers, but in the event of inability to secure an interpreter, the elector shall be refused a ballot. R.S.O. 1990, c.M.53, s.70.
Who may remain in polling place
71. (1) The returning officer, the assistant returning officer, the deputy returning officer, the poll clerk, the election assistant, the constable or constables, any candidate or, in his or her absence, the candidate’s scrutineer, any scrutineer appointed by the council in relation to any by-law or question, and no others, shall be permitted to remain in the polling place during the time the poll is open or to be in the polling place at the counting of the votes. No campaign literature in polling place (2) No campaign material or literature of any nature whatsoever of any candidate in the election shall be displayed within the polling place. R.S.O. 1990, c.M.53, s.71. Advance Polls
Who may vote by proxy
73. (1) Any person whose name is entered on the polling list for a polling subdivision or who has obtained a certificate under section 36 may vote by proxy in the polling subdivision. Who may be proxy (2) Any person who is entitled to vote by proxy under subsection (1) may appoint in writing in the prescribed form as his or her voting proxy any other person who is eligible as an elector in the municipality. Limitation (3) A voting proxy may act as a voting proxy only for, (a) one person who is not a relative; or (b) one or more persons who are relatives. Definition (4) In subsection (3), “relative” means the parent, grandparent, child, grandchild, brother, sister or spouse of the voting proxy. Term of appointment (5) An appointment of a person as a voting proxy is not valid unless it is made after nomination day and the appointment does not remain in force after polling day. Application for proxy certificate (6) A person who has been appointed a voting proxy shall complete an application in the prescribed form, including a statutory declaration that the person is the person appointed as a voting proxy, and shall appear before the clerk in person for this purpose at the clerk’s office, (a) during normal office hours; or (b) during the period from 12 noon to 5 p.m. on the Saturday of the advance poll held under section 72. Certificate of proxy (7) Where an application is completed under subsection (6) and the clerk is satisfied that the person who appointed the voting proxy is qualified to appoint a voting proxy under this Act and the voting proxy is qualified to be a voting proxy under this Act, the clerk shall give a certificate in the prescribed form across the face of the appointment of the voting proxy to that effect. Not more than one proxy (8) Not more than one voting proxy may be appointed on behalf of any person at any election. Oath on voting (9) A ballot shall not be delivered to a person who claims to vote as a voting proxy unless the person produces his or her appointment as a voting proxy to the deputy returning officer with the certificate of the clerk thereon as provided in subsection (7) and takes the prescribed oath. Record of voting proxy (10) Where a voting proxy has voted, the deputy returning officer shall file the appointment of the voting proxy and the certificate of his or her appointment given by the clerk with the election papers and return them to the clerk in the envelope provided for that purpose. Proxy may vote in own right (11) A person who has been appointed as a voting proxy is entitled to vote in his or her own right in the municipality although the person has voted as a voting proxy. R.S.O. 1990, c.M.53, s.73. Keeping of Peace: Emergency Situations
Assistance of constables
74. A clerk or a deputy returning officer may require the assistance of constables and other persons to aid in maintaining peace and order at the election and may swear in as many of those persons as he or she considers necessary. R.S.O. 1990, c.M.53, s.74.
Declaration of emergency by clerk
75. (1) If any circumstances arise in the municipality, that, in the opinion of the clerk are of such a nature as to prevent or delay the opening of any polling place or cause the discontinuance of polling at any polling place, the clerk may declare an emergency situation to be in effect and such emergency situation shall continue until the clerk otherwise declares. Arrangements by clerk (2) Where an emergency situation is declared under subsection (1), the clerk shall make such arrangements as he or she considers advisable for the conduct of the poll, the safekeeping of the ballot boxes and all election documents and the counting of the votes. Not open to question (3) The arrangements made by the clerk under subsection (2), in good faith, shall not be open to question, or be quashed, set aside or declared invalid on account of their unreasonableness or supposed unreasonableness. R.S.O. 1990, c.M.53, s.75. Counting the Votes
Duties of D.R.O. after close of poll
76. Immediately after the close of the poll, the deputy returning officer at each polling place shall, (a) place all the cancelled, declined and unused ballots in separate sealed envelopes; (b) count the number of electors whose names appear on the polling list maintained by the poll clerk to have voted, make an entry at the end of the list showing the number of electors who voted at the election in the polling place and sign the entry. R.S.O. 1990, c.M.53, s.76.
Counting of votes
77. (1) After compliance with section 76, the deputy returning officer shall, in the presence and in full view of the persons entitled to be present, open the ballot box for the polling place and proceed to count the numbers of votes for each candidate, giving full opportunity to those present to examine each ballot. Rejection of ballots (2) In counting the votes, the deputy returning officer shall reject all ballots, (a) that have not been supplied by the deputy returing officer; (b) that contain the names of candidates for one office only and in which votes have been cast for more candidates than are to be elected to the office; (c) that are separate ballots submitting a by-law for the assent or a question for the opinion of the electors, and votes are cast for both the affirmative and the negative on the by-law or question; or (d) upon which there is any writing or mark by which the elector may be identified, or that has been so torn, defaced or otherwise dealt with by the elector that he or she may thereby be identified, but no word, letter or mark written or made or omitted to be written or made by the deputy returning officer on a ballot voids it or warrants its rejection. Idem (3) In counting the votes, the deputy returning officer shall reject any vote that is not marked within the circle or circular space to the right of the name of a candidate. Idem (4) Where a ballot contains the names of candidates for more than one office and votes are cast on such ballot for more candidates for any office than are to be elected to such office, such votes are void and shall be rejected, but unless such ballot is rejected under subsection (2), the votes for any other office in respect of which the elector has not voted for more candidates than are to be elected shall be counted. Composite ballots (5) Where in a composite ballot, (a) votes are cast for more candidates for any office than are to be elected to such office; or (b) votes are cast for both the affirmative and negative on any by-law or question, the votes for such candidates or with regard to the by-law or question, as the case may be, are void and shall be rejected but, unless such ballot is rejected under subsection (2), the votes for any other offices, by-law or question in respect of which votes are correctly indicated shall be counted. Where part of votes rejected (6) If part of the votes cast in any ballot are rejected under this section, the deputy returning officer shall note that fact on the back of the ballot and initial the note and if all the votes on the ballot are rejected under this section, the ballot shall be treated as a rejected ballot. Recount (7) This section, except subsection (1), applies with necessary modifications to the counting of votes in a recount under this Act. R.S.O. 1990, c.M.53, s.77.
Objection by candidate, etc.
78. (1) A candidate or a scrutineer at a polling place may object to a ballot or to the counting of votes in any ballot in whole or in part on the ground that the ballot or such votes should be rejected under section 77 and the deputy returning officer at the polling place shall decide the objection, subject to review on a recount or in a proceeding questioning the validity of the election. Objections to be listed (2) The deputy returning officer shall list all objections under subsection (1) to the counting of ballots or of votes therein and number such objections and shall place the number of an objection on the back of the ballot objected to and initial the number. R.S.O. 1990, c.M.53, s.78.
How votes counted
79. The deputy returning officer shall count all votes cast at the polling place that are not rejected and shall keep an account of the number of votes so cast and allowed for each candidate and with respect to each by-law or question. R.S.O. 1990, c.M.53, s.79.
Ballots to be placed in separate packets
80. Following count of the votes at the polling place, a deputy returning officer shall place in separate sealed packets, (a) all used ballots that have not been objected to and have been counted in whole or in part; (b) all used ballots that have been objected to but which have been counted in whole or in part; (c) all rejected ballots; (d) all ballots used but unmarked. R.S.O. 1990, c.M.53, s.80.
D.R.O. to endorse packets
81. The deputy returning officer shall endorse every packet of ballots made up under clause 76(a) or section 80 so as to indicate its contents and any candidate or scrutineer present may write his or her name on the packet. R.S.O. 1990, c.M.53, s.81.
Oath of poll clerk
82. The poll clerk, immediately after the completion of the counting of the votes, shall take and subscribe the prescribed oath. R.S.O. 1990, c.M.53, s.82. Statement and Materials Returned to Clerk
Statement of D.R.O.
83. (1) The deputy returning officer shall make out a statement in duplicate of the number of, (a) ballots received from the clerk; (b) votes given for each candidate; (c) votes given for and against a by-law or question; (d) used ballots that have not been objected to and have been counted; (e) ballots that have been objected to in whole or in part but which have been counted; (f) rejected ballots; (g) cancelled ballots; (h) ballots used but unmarked; (i) declined ballots; (j) unused ballots. Statement attached to polling list (2) The duplicate statement shall be attached to the polling list maintained by the poll clerk and the original statement enclosed in a special packet shall be delivered to the clerk as provided herein. Statement signed by D.R.O., etc. (3) The statement shall be signed by the deputy returning officer and the poll clerk and such of the candidates or their scrutineers as are present and desire to sign it. Certificate re ballots counted and rejected (4) The deputy returning officer shall deliver to such of the candidates or their scrutineers as are present, if requested to do so, a certificate of the number of ballots counted for each candidate, and of the rejected ballots. R.S.O. 1990, c.M.53, s.83.
What to be placed in ballot box
84. (1) The deputy returning officer shall place in the ballot box, the polling lists, the packets containing the ballots and all other documents or packets that served at the election, except, (a) the original statement; (b) the oath of the poll clerk; (c) the oath of the person, if any, chosen to deliver the ballot box to the clerk. Box to be locked, etc. (2) The deputy returning officer shall then lock and seal the ballot box and, except where otherwise directed by the clerk, forthwith deliver it and the documents enumerated in subsection (1) personally to the clerk. Oath of D.R.O. (3) Forthwith thereafter, the deputy returning officer shall take and subscribe the prescribed oath and shall personally deliver it or transmit it by registered mail to the clerk. Delivery of ballot box, etc., to clerk (4) If the deputy returning officer is unable personally to deliver the ballot box and documents enumerated in subsection (1) owing to illness or other cause, he or she shall deliver them to the poll clerk for delivery to the clerk, or, where the poll clerk is unable to act, to some person chosen by the deputy returning officer for the purpose of delivering them to the clerk, who shall take the prescribed oath to do so and the deputy returning officer shall thereon, or on a ticket attached thereto, write the name of the person to whom the box was delivered and shall take a receipt therefor, and the poll clerk or person so chosen shall except where otherwise directed by the clerk forthwith personally deliver them to the clerk and shall take before the clerk the prescribed oath. Right of candidate, etc., to be present (5) The candidates, or their scrutineers, are entitled to be present when the ballot box and documents for a polling place are delivered to the clerk under this section. Where D.R.O. to take ballot box (6) Subject to section 75, a deputy returning officer, after the close of the poll, shall not under any circumstances take, or allow to be taken, the ballot box to any place except the office of the clerk, or to such other place as the clerk has in writing directed. R.S.O. 1990, c.M.53, s.84.
Clerk to add up votes
85. (1) The clerk, after receiving the ballot boxes and other documents referred to in section 84, shall, without opening any of the ballot boxes, cast up from the original statements showing the number of votes for each candidate and for the affirmative or negative on any by-law or question at each polling place the total number of votes for each candidate and the total number of votes for the affirmative or negative on any by-law or question. Declaration of result (2) After casting up the total number of votes cast at an election, the clerk shall, at the town hall or, if there is no town hall, at the clerk’s office at noon on the Thursday following the day on which the polling is held, publicly declare to be elected the candidate or candidates having the highest number of votes, and declare the result of the vote with respect to any by-law or question and the clerk shall also post up in some conspicuous place a statement under his or her hand showing the number of votes for each candidate and for the affirmative or negative on the by-law or question. Delay in adding up votes (3) If for any cause the clerk cannot, at the day and hour appointed by him or her for adding up the votes, ascertain the number of votes given for each candidate, or for the affirmative or negative on any by-law or question, the clerk may adjourn to a future day and hour the adding up of the votes and so on from time to time, such adjournment or adjournments not in the aggregate to exceed fourteen days. R.S.O. 1990, c.M.53, s.85.
Safekeeping of box and documents
86. (1) Except as provided in this section, the clerk, upon the receipt of a ballot box, and the documents referred to in section 84, shall take every precaution for their safekeeping and for preventing any other person from having access to them, and shall immediately on receipt of the ballot box seal it with the clerk’s own seal in such a way that it cannot be opened without his or her seal being broken, and that any other seals affixed to it are not effaced or covered. Opening box when documents omitted from or placed in box in error, etc. (2) Despite section 105, where the documents specified in subsection 84(1) are in error omitted from or placed in the ballot box, or where the clerk considers it necessary to ascertain the meaning of a statement, the clerk may open such ballot box or boxes in the presence of the deputy returning officer concerned, and having corrected the error or after having recovered or ascertained the meaning of the statement, as the case may be, the box shall be resealed by the deputy returning officer in the presence of the clerk and by the clerk. Where D.R.O. fails to deliver statement (3) If a deputy returning officer has not delivered the statement of the ballots counted by him or her to the clerk as required by section 84, the clerk shall after notification to the candidates or their scrutineers, who may be present, open the appropriate ballot box for the purpose of counting the votes and shall count the votes. R.S.O. 1990, c.M.53, s.86.
Where ballot box lost, etc.
87. If a ballot box for any polling place has been destroyed or lost or, for any other reason, is not forthcoming by the time fixed for adding up the votes, the clerk shall ascertain the cause and, if the statement of the votes cast and certificates, or any of them or copies of them, cannot be procured, the clerk shall ascertain by such evidence as he or she is able to obtain the total number of votes given for each candidate at the polling place and for the affirmative or negative on any by-law or question, and may summon any deputy returning officer, poll clerk, election assistant or other person to appear before the clerk at a time and place to be named by him or her, and the clerk shall notify the candidates of the intended proceedings and may examine on oath such deputy returning officer, poll clerk, election assistant or other person respecting the matter in question. R.S.O. 1990, c.M.53, s.87. Recounts
Recount officer
88. (1) Subject to subsection (2), the clerk of a municipality is the recount officer for all elections for which the clerk is the returning officer. Substitution for clerk (2) The clerk may appoint a person as recount officer to act in place of the clerk and, if the clerk is disqualified under subsection (4), the clerk shall make the appointment. Idem (3) If the person appointed recount officer refuses or is unable to act, the clerk may appoint another person as recount officer to act in place of the clerk. Disqualification (4) No person shall be appointed as a recount officer who, (a) is a candidate or the spouse of a candidate; (b) is less than eighteen years of age; or (c) has participated in the actual counting of the ballots for a polling subdivision in the election. Limitation (5) Clause (4)(c) does not apply if the recount does not involve the examining and counting of ballots for the polling subdivision in respect of which the person who is to be recount officer participated in the actual counting of the ballots. R.S.O. 1990, c.M.53, s.88.
Duty of recount officer
89. (1) The recount officer is responsible for the proper preparation for and conduct of a recount in the election and, for this purpose, shall direct the training of persons appointed under this section and supervise their work. Assistants (2) The recount officer may appoint assistant recount officers and may provide for such clerical and other assistance as is necessary to conduct a recount. Disqualification (3) No person shall be appointed under this section who, (a) is a candidate or the spouse of a candidate; (b) is less than eighteen years of age; or (c) has participated in the actual counting of the ballots for a polling subdivision in the election. Exception (4) Clause (3) (c) does not apply if the recount does not involve the examining and counting of ballots for the polling subdivision in respect of which the person who is to be appointed an assistant recount officer participated in the actual counting of the ballots. Delegation by recount officer (5) The recount officer may in writing delegate to the assistant recount officers such rights and duties in relation to the preparation for and conduct of a recount as the recount officer considers necessary, but such delegation does not preclude the continued exercise of those rights and performance of those duties by the recount officer. Other appointments (6) The recount officer may appoint persons to aid in maintaining peace and order at the recount. Oath (7) Every recount officer, assistant recount officer, scrutineer and any other person authorized to attend and serve at a recount shall, before performing any duties, take the oath in the prescribed form. Who may administer oaths (8) The recount officer may administer any oath required in relation to a recount, and assistant recount officers may administer any such oath except an oath to be taken by the recount officer. Remuneration and expenses (9) The municipality shall pay to persons appointed under this section reasonable remuneration and the expenses incurred in attending the recount, but if the recount has been held at the request of a school board or a local board or at the request of a candidate for election to a school board or local board, the school board or local board, as the case may be, shall pay the remuneration and expenses. Certification of expenses (10) The expenses under subsection (9) shall be paid out only upon presentation of a certificate signed by the clerk of the municipality verifying the amount payable. R.S.O. 1990, c.M.53, s.89.
Tie votes, recount
90. (1) If, (a) two or more candidates nominated for the same office have an equal number of votes and both or all of the candidates cannot be declared elected to the office; or (b) the votes for the affirmative and negative on a by-law or question are equal, the recount officer shall, after the tied vote has been publicly announced, immediately appoint a time and place to hold a recount of the votes cast for those candidates or on the by-law or question. When recount to be held (2) The time appointed by the recount officer for a recount under subsection (1) shall be no later than twenty days after the declaration of the results of the election under subsection 85(2) or (3). R.S.O. 1990, c.M.53, s.90.
Where vote is close
91. (1) The recount officer shall hold a recount, (a) if a candidate who was not declared elected requests it in writing; and (b) if the number of votes separating a candidate who was not declared elected and a candidate who was declared elected or, for an office to which more than one person may be elected, who was declared elected with the least number of votes is less than the greater of, (i) ten votes, and (ii) one-half of one vote for each polling subdivision in the election for that office or 0.25 per cent of the total number of votes cast for that office, whichever is the lesser. Results (2) Where there is a close vote entitling a candidate to request a recount under subsection (1), the clerk shall include the results of the close vote calculations in the statement required under subsection 85(2) or (3). When request for recount to be made (3) A request for a recount under subsection (1) shall be made to the recount officer not later than seven days after the declaration of the results of the election under subsection 85(2) or (3). Time and place for recount (4) Upon receiving a request for a recount under this section, the recount officer shall appoint a time and place for the recount. When recount to be held (5) The time appointed by the recount officer for a recount under subsection (4) shall be no later than twenty days after the request for the recount is received. R.S.O. 1990, c.M.53, s.91.
Recount resolution
92. (1) Following an election for the members of the council of a municipality or regional municipality or of a school board or of a local board, where a recount of the votes for the office or for the affirmative or negative on any by-law or question is considered to be in the public interest, the council, school board or local board, as the case may be, may pass a resolution requiring the recount officer to hold a recount. When resolution to be passed (2) A resolution for a recount under subsection (1) shall be passed no later than thirty days after the declaration of the results of the election under subsection 85(2) or (3). Time and place for recount (3) If a resolution for a recount is passed under subsection (1) within the time period set out in subsection (2), the recount officer shall appoint a time and place for the recount. When recount to be held (4) The time appointed by the recount officer for a recount shall be no later than twenty days after the passing of the resolution under subsection (1). R.S.O. 1990, c.M.53, s.92.
Application for recount by elector
93. (1) If, in any election, an elector has reasonable grounds for believing that, (a) the votes have been improperly counted or any ballot has been improperly rejected; (b) an incorrect statement of the number of votes for any candidate or for or against any by-law or question has been made; or (c) the votes have been improperly added up, the elector may apply to a judge of the Ontario Court (Provincial Division) sitting in the county or district in which the municipality or part thereof or the administrative or head office of the school board or local board is situate for a determination whether a recount should be held. Affidavit and deposit to accompany application (2) An application for a recount under subsection (1) shall be commenced no later than thirty days after the declaration of the results of the election under subsection 85(2) or (3) and shall be accompanied by, (a) an affidavit or affidavits setting out the grounds for the recount and the facts in support of those grounds; and (b) a deposit in the sum of $100 as security for the costs in connection with the application. Contents of affidavit (3) An affidavit under clause (2)(a) shall be confined to facts within the personal knowledge of the person making the affidavit or to other evidence that this person could give if testifying as a witness in court. Form of deposit (4) A deposit under clause (2)(b) shall be in the form of cash or in the form of a money order or certified cheque made payable to a clerk of the Ontario Court (Provincial Division) in the county or district in which the municipality or part thereof or the administrative or head office of the school board or local board is situate, or in any combination thereof. Parties to be served (5) Copies of the notice of application, the application for a recount and affidavits in support of the application shall be served by the applicant, (a) where the application concerns an election to office, upon each candidate for that office; and (b) upon the recount officer. Disposition of application, etc. (6) The judge, if satisfied that there are sufficient grounds for a recount, shall order that a recount be held by the recount officer and may determine which ballot boxes, if any, shall be opened for the purpose of the recount. Where recount ordered (7) If the judge orders a recount, the judge shall immediately notify the recount officer in writing and the recount officer shall appoint a time and place to hold the recount. When recount to be held (8) The time appointed by the recount officer for a recount shall be no later than twenty days following the date the recount officer receives the notice from the judge. R.S.O. 1990, c.M.53, s.93.
Notice of recount
94. (1) The recount officer shall give by personal service or registered mail at least six days notice in writing of the time and place of the recount to, (a) the candidate who requested the recount, the council or school board or local board which passed the resolution for the recount, or the elector who applied to the judge for the recount, as the case may be; (b) the candidates for the office which is the subject of the recount; (c) if the recount officer is not the returning officer of the municipality, the returning officer of the municipality; and (d) if the recount concerns the election of chair of a regional municipality, the trustees of a police village or the members of a school board, the clerk of any other municipality who was the returning officer for the vote to be recorded in that clerk’s municipality. Attendance of recount officer (2) The recount officer shall attend the recount and bring the ballot boxes and all documents relating to the election. Where recount officer not returning officer (3) If the recount officer is not the returning officer of the municipality, the returning officer of the municipality, or a person appointed by the returning officer, shall attend the recount and bring the ballot boxes and all documents relating to the election. Regional chair, police village and school board elections (4) If the recount concerns the election of chair of a regional municipality or of trustees of a police village or of members of a school board, the clerk of any other municipality who was the returning officer for the vote to be recorded in that clerk’s municipality, or a person appointed by the clerk, shall attend the recount and bring the ballot boxes and all documents relating to the election. Who may be present (5) Each candidate for an office to which the recount relates and the elector, if any, who applied for the recount are entitled to be present and to be represented by counsel and to appoint and have present one scrutineer for each recount station established by the recount officer, and, where the recount relates to a by-law or question, such persons as the council may appoint as scrutineers are entitled to be present, but no other person, except with the permission of the recount officer, is entitled to be present at the recount. Application of certain provisions (6) Subsection 5(8) and sections 7 and 8 apply with necessary modifications to scrutineers appointed under subsection (5). R.S.O. 1990, c.M.53, s.94.
What ballots involved in recounts
95. (1) If a recount relates to the election of a candidate, the recount shall be of the votes cast, (a) where subsection 90(1) applies, for the two or more candidates who have an equal number of votes; (b) where subsection 91(1) applies, for the candidate declared elected when only one is to be elected or, in the case of an office to which more than one is to be elected, for the candidate who received the lowest number of votes of those declared elected and for the defeated candidate or candidates who received enough votes for the same office to fall within the margin of votes prescribed by that subsection; and (c) in all other cases, for the candidate declared elected when only one is to be elected or, in the case of an office to which more than one is to be elected, for the candidate who received the lowest number of votes of those declared elected by the returning officer and for the defeated candidate who received the highest number of votes for the same office. Recount of votes cast for other candidates (2) Despite subsection (1), the recount officer may conduct a recount of the votes cast for any other candidate whose election or right to any other office may be affected by the recount conducted under subsection (1). R.S.O. 1990, c.M.53, s.95.
Procedure at recount
96. (1) At the time and place appointed for the recount, and in the presence of those persons who are entitled to be present and who have attended, the recount officer shall add the votes from the statements returned to the returning officer by the deputy returning officers, or shall count the ballots received by the returning officer from the deputy returning officers and the number of votes counted at the election, or both, as the recount officer considers appropriate, and for this purpose shall open the sealed envelopes containing, (a) the ballots that were not objected to and were counted; (b) the ballots that were objected to but were counted; (c) the rejected ballots; (d) the cancelled ballots; (e) the ballots that were used but were unmarked; (f) the declined ballots; and (g) the unused ballots. Verification of statement of the vote (2) The recount officer, in conducting the recount, shall determine the validity of ballots, and shall verify or correct the statement of the vote for each polling subdivision. Duties of recount officer after recount (3) Upon completion of the recount, the recount officer shall, (a) announce the result, including the number of disputed ballots, to the persons present at the recount; (b) calculate the result excluding the disputed ballots in the envelope described in clause (d); (c) subject to clause (d), seal the ballots in their original envelopes and the original statements in a separate envelope clearly marked so as to indicate its contents; and (d) write the number of the polling subdivision on the back of and initial any disputed ballots and seal them in a separate envelope clearly marked so as to indicate its contents. Certification (4) The recount officer shall certify in writing the result of the recount and promptly give the returning officer a certified copy of the result. Tied vote (5) 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 certified copy of the result of the recount under subsection (4). After certification (6) After the certification of the result of the recount, 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 (5) 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 application is made under subsection 97(1). R.S.O. 1990, c.M.53, s.96.