Phelps Bondaroff received 9,218 votes to Sharma’s 9,207 in the Oct. 15 election.
Teale Phelps Bondaroff was sworn in as a Saanich councillor on Monday after a judge denied Rishi Sharma’s request for a recount; Sharma trailed by 11 votes. The judge ruled there was insufficient evidence that the count was wrong.
That section also says an application for a recount must be before a court within nine days of the close of the vote, and section 149 says a recount, if approved, must be completed within 13. Phelps Bondaroff objected to the recount on the basis it wasn’t warranted. He said the law is clear that a recount should only be conducted if there are sufficient reasons for doing so and in this case the judge said there wasn’t.
The Local Government Act allows municipalities using voting tabulators in elections to, through a new bylaw, replace recount rules for hand counts with rules more suited to vote-counting machines. “I argued that a person should look at the ballots and determine voter intent when the result is so close,” said Hallsor.
If a ballot is rejected by the machine for any reason, the voter is given a choice to complete a new ballot.
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