Appeals

71(1) Any defeated candidate for office, in favour of whom the number of ballots counted was equal to or greater than 95 ­per cent of the number counted in favour of the elected candidate for the same office, is entitled to appeal for a recount.

(2) An appeal for a recount shall be initiated not later than 14 days after the day fixed for the election by the appellant filing with the executive secretary:
(a) a notice of appeal for recount, and
(b) a statutory declaration setting forth that, in the opinion of the appellant, the returning officers who counted the ballots:
(i) improperly accepted or rejected ballot papers or
(ii) made an incorrect statement of the number of ballots cast for any candidate for the same office,
and further that that error may reasonably have affected the results.

(3) Within 14 days of receipt of the notice and statutory declaration, the executive secretary shall:
(a) appoint a committee consisting of not fewer than three members of the Provincial Executive Council, none of whom were current candidates for election to the office that is the subject of the appeal,
(b) arrange for a time and place for a recount of the vote within a reasonable time, and
(c) notify by registered mail the appellant and all affected candidates of such time and place.

(4) The committee conducting the recount shall satisfy itself that the foregoing procedures have been complied with.

(5) The persons entitled to be present at the recount shall be the members of the Provincial Executive Council, the appellant or the appellant’s agent appointed in writing, and all other candidates who may be affected thereby or their agents appointed in writing.

(6) The committee conducting the recount shall examine the ballots to determine whether they should have been accepted or rejected and whether the ballots were counted correctly, and the committee decision with respect to those matters shall be determined by the majority vote of the committee and its decision shall be final and binding.

(7) The result shall be communicated to the executive secretary who shall thereupon announce the result of the recount and shall cause the said announcement to be printed in an issue of an Association publication which is distributed to all members.

(8) An appellant who is successful shall assume the office which was subject to the appeal.

72(1) Should a vacancy occur in the office of immediate past president, the Provincial Executive Council shall appoint a past president of the Association, subject to the requirements of this bylaw, to fill such vacancy. In the event no past president is eligible or willing to assume the office of immediate past president or receives a majority vote of those members of Provincial Executive Council who cast votes, the Provincial Executive Council shall appoint a past vice-president of the Association, subject to the requirements of this bylaw, to fill such vacancy. In the event no past vice-president is eligible or willing to assume the office of immediate past president or receives a majority vote of those members of the Provincial Executive Council who cast votes, the Provincial Executive Council may appoint an eligible past member of Provincial Executive Council, subject to the requirements of this bylaw, to fill such vacancy. In the event no past member of Provincial Executive Council is eligible or willing to assume the office of immediate past president, or receives a majority vote of those members of the Provincial Executive Council who cast votes, the Provincial Executive Council may appoint an eligible member of the Association, subject to the requirements of this bylaw, who is eligible, willing and receives a majority vote of those members of the Provincial Executive Council who cast votes, to fill the position.

(2) Notwithstanding 72(1), should a vacancy occur in the office of immediate past president after the first 19 months of the term, the Provincial Executive Council may decide whether to fill the position.