Losing candidates in District 23 questioning results

The municipal race to choose the new councillor for District 23 Hammonds Plains-St. Margaret's was so tight that only 59 votes separated the winner, Peter Lund, from the third place candidate.

Now, second place candidate Doug Poulton is requesting a recount and third place candidate Gina Byrne is hoping HRM will consider tossing out the results to pave the way for another election.

Citing a number of polling station problems, Byrne has sought legal advice to determine what her next move should be.

"The first issue is with the advance polls, which weren't open on time. In the Municipal Elections Act it states they must open on time," Byrne said. "Tantallon Elementary was 45 minutes late opening, and the Hammonds Plains Fire Hall opened two hours late. I had e-mails from people who weren't able to vote because that was the only time they had and they were turned away."

Other voters who contacted Byrne said the issue of election day polling stations caused a great deal of confusion. Her husband discovered there were no directional signs to some of the polls.

"HRM officials allowed my husband to put up the signs directing them to the polling stations because they weren't marked properly as polling stations," she said.

Residents of Kingswood were supposed to vote at Hammonds Plains Consolidated School, but many incorrectly assumed they could vote at the school in their own community. Instead, Whitebirch Hills, Pockwock, Glen Arbour and Highland Park residents voted at Kingswood Elementary School.

Byrne said one furious male resident contacted her because it took him an hour to find the right polling station.

"The polling stations were mixed up right from the get go because even though people got notices in the mail, most didn't go to the polling station with the polling card and many just went where they'd always voted," Byrne said.

"If you've lived in an area 20 or 30 years and always voted at one location, that's where you'd assume to go. Kingswood was never a polling station, and I heard from people in Pockwock trying to find that school who just gave up."

Byrne said her biggest fear is that people will put her concerns down to "sour grapes" because she lost.

"I was disappointed, but obviously accepted the results on election night. That was until the calls and e-mails started coming in," she said. "At polling stations 2301 and 2302, the voter turnout was 14 to 18 per cent compared to 21 to 35 per cent for the rest of the district. It's blatantly obvious that voting was affected."

Those polling stations were located in areas where Byrne felt she had strongest support and where she had concentrated much of her campaigning. She's now looking at spending as much as $10,000 in legal fees to investigate the matter.

"Why should I have to pay additional money to rectify (HRM's) mistake? They need to fix what was wrong and I'm encouraging people from District 23 to contact them if they feel their votes were taken away," she said.

"I realize it will upset people in (St. Margarets Bay) who had everything run smoothly, but democracy didn't happen for everyone in District 23."

Byrne is hopeful action will be taken before the official Nov. 4 municipal swearing-in ceremony.

Poulton, who was 42 votes behind Lund, said last week he has already "put the wheels in motion" for a recount he hopes will take place before Nov. 4.

"In the last election in District 23, there were 176 spoiled ballots. But because of the race and the fact the councillor had such a sizeable lead there was no need for a recount," he said. "This was so much closer that it could make a difference.

Poulton said if the facts warranted it, and if a majority of District 23 residents agreed, he'd support another election.

"If there is a violation of the Municipal Elections Act, or if residents of District 23 got together and (a majority) decided they wanted another election, then HRM should respect that and let the people have the final say regardless of the cost," he said.

Lund could not be reached for comment.

HRM's e-voting project manager Cathy Mellett wouldn't comment directly on Byrne's case, but said any candidate who has concerns can consult the Municipal Elections Act which outlines the process that must be followed within 21 days of an election.

"The most important thing to consider is whether any of the administrative issues could have altered the results of the election," Mellett said. "That's what a judge would consider."

Mellett confirmed that Poulton had contacted her office regarding a recount, a move she said was not at all unusual for such a tight race. A date for a recount - if the request is approved - was not set at press time.

ydentremont@hfxnews.ca