Voting results determined and reported after the polls close on election day are "unofficial results". On the second day following the election, the Returning Officer will determine the official number of votes for each candidate and any plebiscite question, and declare the official results of the elections by completing a Declaration After the Poll Has Been Taken for each election for which the returning officer is responsible. A copy of the Declaration will be given or mailed to each candidate and the original returned to Elections NB.
Tied Votes (Section 41(3))
If there is a tie in the number of votes for two or more candidates for the same office, the Municipal Returning Officer will recount the votes cast for such candidates in the presence of not less than two qualified voters (normally the affected candidates) and declare a winner.
If the vote remains tied after the recount, if the candidates agree, the Municipal Returning Officer will resolve the tie by putting the two names in a box and drawing one out, with the candidate whose name is drawn being declared elected. If the candidates do not agree on this method to resolve the tie, the Municipal Returning Officer will make a request to a judge for a recount.
Initial Recounts at the Municipal Returning Office (Section 41.1)
If there is a difference of not more than twenty-five votes between the votes for a candidate elected and a candidate not elected, the candidate who was not declared elected may apply to the Municipal Returning Officer for a recount of the votes. The application must be filed within ten days after the election. There is no charge for such a recount.
If this recount results in a tied vote, if the candidates agree, the Municipal Returning Officer will resolve the tie by putting the two names in a box and drawing one out, with the candidate whose name is drawn being declared elected. If the candidates do not agree on this method to resolve the tie, the Municipal Returning Officer will make a request to a judge for a recount.
If the returning office recount does not result in a tie, and the candidates agree on the results, the Municipal Returning officer shall either confirm the initial Declaration of Election, if the result (in terms of the candidate elected) has not changed, or issue a new Declaration of Election if the recount determines that a different candidate was elected.
If the returning office recount does not result in a tie, and the candidates do not agree on the results, the candidate not declared elected may apply for a judicial recount. The candidate may request a recount of all the ballots cast, or a recount only of ballots on which the candidates could not agree as to whether or how they should be counted.
Judicial Recounts (Section 42)
A candidate who has participated in a recount at the Municipal Returning Office but is not satisfied with the results, or a candidate who has lost an election by more than twenty-five votes but has reasons to believe the results as reported may not be correct, may apply to a judge of The Court of Queen’s Bench for a judicial recount. The application must be made within ten days of completion of the returning office recount or within ten days of the election, as applicable. The candidate may request a recount of all the ballots cast, or a recount only of ballots on which the candidates could not agree as to whether or how they should be counted.
If satisfied that there is reason to hold a recount, the judge will notify the affected candidates and election officials, and the recount will be conducted as soon as possible, normally within two weeks of the election. If the final result is a tie, it will be resolved by drawing one of the candidate’s names out of a box.
Where the recount changes the election results so that a different candidate is declared elected than was originally declared elected, the costs of the recount are paid by Elections New Brunswick. If the recount does not change the candidate declared elected, the costs of the recount are paid by the candidate requesting the recount.