Elections: can you contest the results?
- Posted by Beauregard Avocats
An election can be contested by anyone entitled to vote or by any defeated candidate. A person may contest an election for any of the following reasons:
– The person declared elected was ineligible;
– He or she not obtain the greatest number of the valid votes;
– A corrupt electoral practice was used which caused the election to be null; or
– The proper formalities were not observed.
This contestation must be made by an application to the Superior Court of Quebec within 30 days of the proclamation of the election of the elected representative. It is possible to request that the election be declared null or void and that the candidate identified in the application be declared elected.
A person is eligible for office as a member of the council of a municipality if he is entitled to have his name entered on the list of electors of the municipality and if he has resided, continuously or not, in the territory of the municipality for at least the last 12 months on 1 September of the calendar year in which a general election is to be held.
Some people are ineligible, for example, judges of the courts of justice, ministers of the Government of Quebec or Canada or persons convicted, under any Act, of an offence which pursuant to an Act of the Parliament of Québec or of Canada, is an offence punishable by imprisonment for a term of two years or more.
Recount of votes
It is possible to request a recount of votes within four days of the end of the vote count, by sending an application to a judge of the Court of Québec. For the 2017 general election, this request must be made by November 9, 2017.
Any person who has reasonable grounds to believe that a deputy returning officer, a poll clerk or the returning officer has improperly counted or rejected votes or has drawn up an incorrect statement of the number of votes cast in favor of a candidate may apply for a recount of the votes.
For any question concerning the municipal elections, do not hesitate to refer to the expertise of Beauregard Avocats on this question.