[UPDATED: with Foster's decision not to run. Oct. 25, 6 p.m.]
[UPDATED: with deadline for recount. Oct. 24, 4:20 p.m.]
On second thought, Penny Foster will not be asking for a judicial recount.
Foster ran against incumbent Maritza Adams and Fred Horner for the District #2 council seat in elections for the Municipality of the District of Digby.
She lost to Adams 189-188 in the elections ending Saturday, Oct. 20. Horner had 32 votes.
Foster decided Thursday, Oct. 25, that she wouldn't apply for the recount, citing personal reasons.
She did, however tell the Courier, if someone else called for the recount and she was found to be the winner, she would assume the seat.
An application for a recount would have to be received by Oct. 30--ten days after the election.
Foster had earlier announced publicly on Tuesday, Oct. 23 that she would apply for the recount.
A recount is only automatic in the case of a tie.
Any candidate or elector, however or even the municipal council can apply for a recount within ten days of the election.
Maritza Adams said Tuesday night she wouldn’t be asking for a recount.
If someone wanted to apply for a recount, they would have to go before a judge either of the Supreme Court or the Provincial court and ask for a judicial recount.
A date would be set, the returning officer would take the ballot boxes, the poll books and any other relevant documents to court, and the judge would count the ballots.
Voters cast 349 electronic votes and 60 paper ballots.
The electronic portion of the vote can’t be recounted but the judge could ask questions about names added or subtracted from the voters list. The judge would recount the paper ballots.
The recount would have to happen within 30 days of the application for a recount.