The race to fill the director’s position in Electoral Area E in the Central Coast Regional District ended in a 20-19 vote
A byelection for a regional director in Bella Coola in which one vote separated the winner from the loser may even closer after the unsuccessful candidate correctly pointed out one of the registered voters didn’t live in the voting area.
The race to fill the director’s position in Electoral Area E in the Central Coast Regional District last month ended with Leslie Harestad getting 20 votes and Zachary Taylor receiving 19.
But because one voter was ineligible — and that voter is the only one who knows for sure if the vote is tied 19-all or is 20-18 for Harestad — the B.C. Supreme Court has been asked to decide if the election is valid, according to a petition filed in court by the district’s chief election officer, Janet Prestly.
“Elections documentation indicates that an elector from outside of Area E voted in the election by mistake,” Prestly said in a statement posted to the district’s website. “The validity of the election must be challenged.”
“The Supreme Court will decide whether a new election must be held in Area E,” she said, adding she wouldn’t comment further until the court delivered its decision.
The ineligible voter’s identity may be known, but whom he or she voted for isn’t on the record and a voter can’t be required in any legal proceedings to reveal how they voted, the petition said.
An election can be declared invalid under the Local Government Act if there’s evidence of vote buying, intimidation or voting while ineligible, it said.
The casting of a ballot by an ineligible voter invalidates an election if the “number of invalid votes is equal to the unsuccessful candidate’s margin of victory,” in this case one, according to the petition.
But the act also states “the court must not declare an election invalid only because of an irregularity” if the judge is satisfied the election was conducted in good faith and within principles of the act and the irregularity didn’t affect the outcome, said the petition.
“There is no evidence in this case to suggest a purposeful or wilful intention to contravene the LGA, or bad faith,” it said.
Harestad on Aug. 28 was certified as the winner with a notation there was an invalid vote cast, it said. And the CCRD website said she would take office as director until the Supreme Court issues a decision.
Once an irregularity is identified, it’s up to the party that supports the validity of the election to prove it didn’t change the results, according to the petition.
“Depending on the position taken by the unsuccessful candidate at the hearing in this matter, the improperly cast vote may not change the outcome of the election,” Prestly said in the petition.
Messages left with Harestad and Taylor weren’t returned.