Saskatoon Meewasin By-Election Communique for Chief Official Agents, Issue Twelve

Information on the Final Count

Final Count – Saturday, October 8

The Final Count for the Saskatoon Meewasin by-election will take place on Saturday, October 8 (12 days after by-election day, consistent with legislation). The Final Count will take place in two locations – see below for more information.

Final Count – Returning Office

The Final Count in the constituency of Saskatoon Meewasin Returning Office will begin at 9 a.m. on Saturday, October 8. A candidate may attend, or they may appoint a candidate representative to attend in their place.

At this portion of the Final Count:

• The Returning Officer counts any votes cast using special voting procedures that have not yet been counted and records them. For this by-election, this will consist of votes taken at hospital polls and votes taken through the Extraordinary Voting process.
• Results are from election night are reviewed but these ballots are not counted again.
• Results are entered into Elections SK’s election management system.

All candidate representatives who attend the Final Count must have an E-417 appointment form – a copy of which can be found on our website at https://www.elections.sk.ca/ candidates-political-parties/forms-and-guides/. Anyone who does not have the appointment form will not be able to stay for the Final Count. In addition, every person who attends the Final Count will need to complete an Oath of Secrecy.

Although the Final Count will begin promptly at 9 a.m., candidates and/or candidate representatives do not need to be in attendance at the start of the Count, nor are they required to stay for the entire process. While a candidate or their representative can leave and then rejoin, the Final Count will proceed regardless. I would also ask that if your candidates or a representative on their behalf plans to attend at the returning office, that they contact the office in advance so that logistical arrangements can be made.

Final Count – Vote by Mail

Beginning at 12 noon on Saturday, October 8, we will conduct the Final Count of Vote by Mail (VBM) ballots at our head office in Regina (301 – 3303 Hillsdale Street, Regina).

The process that we will follow will be much the same as it was for the Second Preliminary Count, held on Wednesday, September 28. All Vote by Mail ballot kits received between September 26 and noon on October 6 that have passed adjudication will be counted. As of this afternoon (October 5), we have adjudicated 116 Vote by Mail ballots that will be counted at the Final Count plus any additional ones that are returned tomorrow.

Candidates and registered political parties can appoint a representative to observe the counting of ballots. To facilitate this, I have attached an E-417C candidate’s representative appointment form. If you, or a representative from your party, would like to attend this Count, please complete the form and email it to Sarah Wright at [email protected].

The adjudication and counting of ballots will begin promptly at 12 noon on Saturday, October 8. The main door of our building is locked on weekends, so it is important to let us know in advance if you plan to attend. If you or your representatives have trouble getting into our building, they can contact Jennifer Colin on her cell phone at 306.520.4705.

Recount Information

When the Final Count ends, we enter a period of time when candidates can request or apply for a recount.

A recount will, by legislation, be automatically granted if a request is made by a candidate or their business manager under the following two circumstances:

• If the two candidates with the most votes have the same number of votes following the Final Count;
• If, after the Final Count, the margin of victory of the candidate declared elected is less than the total number of all unopened ballot envelopes, rejected ballots and ballots objected to.

The Election Act, 1996 refers to the two scenarios described above as “automatic” recounts – see section 155 of the Act for more information. A request for an automatic recount must be made to the constituency returning officer and must be made within four days of the Final Count. For the Saskatoon Meewasin by-election, neither of the requirements listed above have been met which means that there cannot be an automatic recount.

There are also circumstances where a candidate or business manager can apply to a judge of the Court of King’s Bench for a recount or addition. These are:

• The candidate or business manager is not entitled to request a recount or and addition pursuant to section 155; or
• The candidate or business manager has made a request for a recount or an addition and the returning officer failed to comply with section 155 (e.g., the returning officer did not apply to a judge for a recount upon being requested to do so).

In circumstances where a candidate is not entitled to request an automatic recount, the application must be made to the Court of King’s Bench within ten days of the returning officer declaring a candidate to be elected. Refer to section 156 for more information.

I have been in contact with the Registrar of the Court of King’s Bench to clarify how an application for a recount or addition should be managed. An application “without notice” can be made at the Court of King’s Bench location in Saskatoon and must be accompanied by a deposit of $300 as well as a court filing fee of $200.

Dr. Michael Boda
Chief Electoral Officer
Province of Saskatchewan

All information related to the Meewasin By-Election can be found online at www.elections.sk.ca/saskatoonmeewasin2022.