Post by Max on Nov 22, 2006 21:37:14 GMT -3
John Caruso is requesting council give him a recount in Ward 12 because of a mess up with the electronic voting and vote counting.
Mayor elect J-Rod support the recount.
Neither one of them know what they're talking about. Council has no power to order a recount when it is requested by a candidate. Only the court can grant a recount given the circumstances surrounding this issue.
Section 58. (6) of the Election Act clearly articulates that "a request for a recount due to problems related to voting and vote-counting equipment may be made only under this section.only the court has the power to order a recount".
Thus, under section 58 (1) "a person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an order that the clerk hold a recount".
Application for order for recount
58. (1) A person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an order that the clerk hold a recount. 1996, c. 32, Sched., s. 58 (1); 2002, c. 17, Sched. D, s. 22 (1).
Time for application
(2) The application shall be commenced within 30 days after the clerkâs declaration of the results of the election. 1996, c. 32, Sched., s. 58 (2).
Order, notice
(3) If satisfied that there are sufficient grounds for it, the court shall make an order requiring the clerk to hold a recount of the votes cast for all or specified candidates, on a by-law, or for all or specified answers to a question, and shall give the clerk a copy of the order as soon as possible. 1996, c. 32, Sched., s. 58 (3).
Time for recount
(4) The recount shall be held within 15 days after the day the clerk receives a copy of the order. 1996, c. 32, Sched., s. 58 (4); 2002, c. 17, Sched. D, s. 22 (2).
Procedures
(5) The Minister may by regulation establish procedures for applications under this section. 1996, c. 32, Sched., s. 58 (5).
Problems re voting and vote-counting equipment
(6) A request for a recount due to problems related to voting and vote-counting equipment may be made only under this section. 1996, c. 32, Sched., s. 58 (6).
Mayor elect J-Rod support the recount.
Neither one of them know what they're talking about. Council has no power to order a recount when it is requested by a candidate. Only the court can grant a recount given the circumstances surrounding this issue.
Section 58. (6) of the Election Act clearly articulates that "a request for a recount due to problems related to voting and vote-counting equipment may be made only under this section.only the court has the power to order a recount".
Thus, under section 58 (1) "a person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an order that the clerk hold a recount".
Application for order for recount
58. (1) A person who is entitled to vote in an election and has reasonable grounds for believing the election results to be in doubt may apply to the Superior Court of Justice for an order that the clerk hold a recount. 1996, c. 32, Sched., s. 58 (1); 2002, c. 17, Sched. D, s. 22 (1).
Time for application
(2) The application shall be commenced within 30 days after the clerkâs declaration of the results of the election. 1996, c. 32, Sched., s. 58 (2).
Order, notice
(3) If satisfied that there are sufficient grounds for it, the court shall make an order requiring the clerk to hold a recount of the votes cast for all or specified candidates, on a by-law, or for all or specified answers to a question, and shall give the clerk a copy of the order as soon as possible. 1996, c. 32, Sched., s. 58 (3).
Time for recount
(4) The recount shall be held within 15 days after the day the clerk receives a copy of the order. 1996, c. 32, Sched., s. 58 (4); 2002, c. 17, Sched. D, s. 22 (2).
Procedures
(5) The Minister may by regulation establish procedures for applications under this section. 1996, c. 32, Sched., s. 58 (5).
Problems re voting and vote-counting equipment
(6) A request for a recount due to problems related to voting and vote-counting equipment may be made only under this section. 1996, c. 32, Sched., s. 58 (6).