Mayor Kevin Davis said he’s unable to initiate a potential recount of municipal election votes at the request of his nearest challenger.
Dave Wrobel, who lost Brantford’s mayoral race in the Oct. 24 municipal election by 208 votes, asked Davis earlier this week to request a recount.
Davis said in an interview Thursday that he received legal advice that doing so would put him in violation of the Municipal Conflict of Interest Act, which “could lead to dismissal from public office.”
A conflict of interest is when a person in public life is in a position where a personal interest may, or may appear to, conflict with their role as a municipal councilor.
The final count in the election gave Davis 9,220 votes (45.95 per cent) and Wrobel, 9,012 (44.91 per cent).
Challengers Ryan Smith, a first-time candidate, received 1,491 votes (7.4 per cent), and perennial candidate John Turmel finished with 343 votes (1.7 per cent).
On Oct. 30, Wrobel posted an open letter on Facebook to Davis, who is starting his second term as mayor, urging him to bring forward a resolution at a special council meeting that would direct the city clerk to conduct a “hand” recount of the election results.
Wrobel called it “an offer of collaboration, unity and leadership.”
“Two hundred and eight votes, approximately one per cent: this is all that separates incumbent Brantford Mayor Kevin Davis and myself,” said Wrobel in his letter. “A narrow margin of apparent victory, and so narrow it’s well within a margin of error. Most reasonable people would assume a recount would be conducted to validate such a close contest.”
Under the Municipal Elections Act, a recount can be called by the city clerk if candidates receive the same number of votes.
The only other ways the clerk can be directed to conduct a recount are:
• Through a city council resolution, which must be passed within 30 days of the clerk certifying the election results, which was done Oct. 25. A recount must be held within 15 days of a resolution being passed;
• An order from the Minister of Municipal Affairs;
• Or through an application to the Superior Court of Justice if “a person who is entitled to vote in an election has reasonable grounds for believing the election results may be in doubt.” The application must be started within 30 days after the clerk’s declaration of the election results.
Wrobel said that “before either candidate can legitimately lead the city, it must be clear to the community who the winner is, no matter how narrow a victory or defeat.”
“It’s simply the right thing to do in the interest of a united, trusting community,” said Wrobel in his letter to Davis.
“With respect and integrity, I am prepared to accept the result of a hand recount and I trust there would be no reason you won’t accept the same.”
Wrobel said he copied the letter to Davis and to all city council members.
A councilor is also able to bring forward a motion to ask for a recount of votes within 30 days of the clerk’s declaration of the results, which in this case, would be by Nov. 24.
“I believe in being open and forthright in my approach by asking all members of council to demonstrate their leadership and honor an open and public request for a recount.”
Meantime, Wrobel said he will continue to prepare for the other options, including filing the necessary documentation to request a recount through the courts.
He didn’t respond to a question about whether he specifically wants a hand recount or he would accept a recount by running the ballots through a tabulating machine.
He also didn’t respond when asked if he feels he has “reasonable grounds” for believing the election results are in doubt, other than the vote being closed.
Davis said this isn’t the first time there has been a close mayoral election in Brantford.
In 2003, Mike Hancock defeated Chris Friel by 15 votes. In 2006, Hancock defeated Friel by 165 votes.