Additional information for our electors about the Ward 4 recount

Following the 2026 Municipal Election, the election for Ward 4 Councillor resulted in a tie. Under the Municipal Elections Act, 1996, a recount is required when two or more candidates receive the same number of votes, and they cannot all be declared elected.

The following information explains the legislated recount process, the Municipal Clerk’s responsibilities, and what happens if the recount confirms the tie.

Mandatory recount following a tied vote

The Municipal Elections Act, 1996 specifically addresses circumstances where two or more candidates receive an identical number of votes and cannot all be declared elected.

Section 56(1)(a) of the Act requires the Municipal Clerk to conduct a recount in these circumstances. This is not an optional process, nor is it something that the Clerk can waive or replace with another method of determining the successful candidate.

The recount must take place within 15 days of the Clerk's declaration of the election results.

The purpose of the recount is to verify the original election results and ensure that the votes have been accurately counted in accordance with the legislated election procedures.

What happens if the recount also results in a tie?

This is perhaps the most difficult aspect of the legislation for electors to accept, particularly when they believe that the outcome of an election should be determined exclusively by the number of votes received. However, the legislation is very clear on this matter. Section 62(3) of the Municipal Elections Act, 1996 states:

"If the recount indicates that two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate or candidates by lot."

The use of the word "shall" is significant. It establishes a mandatory statutory obligation on the Municipal Clerk. If the recount confirms that the candidates remain tied, the Clerk is legally required to determine the successful candidate by lot.

In practical terms, this involves placing the names of the tied candidates into an appropriate container and drawing one name to determine the successful candidate. The process is intended to provide an impartial and random method of resolving a tie where the voting process itself has not produced a difference in the number of votes received.

Importantly, the Clerk does not have the authority to exercise discretion and select a candidate based on any other consideration, including perceived community support, the number of votes received in previous elections, the candidates' qualifications, or any other factor. Nor can the Clerk simply declare the position vacant or require another election. The election the outcome under mandated law is determined by lot.

The Clerk's Role and Legislative Responsibilities

It is important to understand that the Municipal Clerk is responsible for administering the election in accordance with the requirements of provincial legislation. The Clerk does not establish the rules governing tied votes and does not have the authority to change those rules based on the circumstances or the concerns expressed by electors.

While the Clerk recognizes that the requirement to select a successful candidate by lot may seem unusual, or even unsatisfactory, it is a process established by the Province of Ontario and applies consistently to municipalities across the province. There are at least three other situations in the 2026 Municipal elections where tied votes are going to be administered in the same fashion. This is not Norfolk unique.

The Clerk's responsibility is to ensure that the recount is conducted properly, that the results are accurately established, and that the legislated procedure for resolving a continuing tie is followed fairly and transparently.

The Integrity of the Election Process

The Clerk appreciates that electors want their votes to have meaning and that confidence in the democratic process is essential to local government. A result determined by lot can understandably be difficult to accept, particularly for those who supported one of the candidates.

However, the legislation recognizes that there may be circumstances where two candidates receive exactly the same number of votes, even after a recount. Rather than leaving the outcome unresolved or providing the Clerk with discretion to make a decision, the legislation establishes a definitive process to determine the successful candidate.

The recount provides an additional opportunity to verify the results, and the selection by lot provides a final, impartial mechanism to resolve a tie that remains after that verification.

The Clerk would also emphasize that the process is not a decision made by the Clerk about which candidate should represent the community. It is the application of a statutory requirement that the Clerk is obligated to administer.

Further information

The Clerk hopes this explanation provides some clarity regarding the process and the legislative obligations placed on the Municipal Clerk. While we understand that not everyone will agree with the approach established by the Province, the County is required to administer municipal elections in accordance with the Municipal Elections Act, 1996, and cannot substitute its own procedures for those established by the legislation. 

For any additional questions, please email elections@norfolkcounty.ca or call 519-426-5870 or 226-NORFOLK, extension 6269.