Runner-up challenging results from school board byelection

Penny Duperron says lack of 2nd advance polling station had an impact on outcome

KELOWNA — The Osoyoos school board byelection should not be declared invalid because adding a second advance polling day would not have changed the results of the election, says district lawyer Marie Watmough.

In August, trustee June Harrington resigned, triggering the need for a byelection to replace her.

Casey Brouwer won the November election with 251 votes, 40 votes ahead of runner-up Penny Duperron.

Duperron has suggested the election should be void because the board contravened the Local Government Act by not offering a second advance polling station.

Duperron and Watmough appeared in court in Kelowna on Thursday to debate the matter.

In the advance poll, Duperron received 20 per cent of the votes, while on general election day she received 44 per cent of the votes.

Brouwer won 60 per cent of the votes in the advance poll and 40 per cent of the votes on general election day.

John Redenbach, who came in third place, received 20 per cent of the advance-poll votes, and on general election day he received 16 per cent of the votes.

Duperron argued if a second advance polling day was offered, the results of the election may have been different.

The school district has acknowledged the mistake of not offering a second advance poll.

However, Watmough cited the Local Government Act, stating the court must not declare an election invalid by reason only of an irregularity or failure to comply with the act or regulation if the court is satisfied the election was conducted in good faith and in accordance with the principles of the act.

“The irregularity or failure did not materially affect the result of the election,” said Watmough, adding that by her calculation it would have taken another 1,000 voters to come out on a second advance polling day to change the results. In total, 540 people voted in the byelection.

“If you consider the election process as a whole, I believe that after an error was noted, good faith kind of went out the window,” said Duperron.

Watmough argued the only person who has raised concerns about the byelection has been Duperron.

“The school district was not contacted by any members of the public and no comments appeared in the media from anyone complaining they hadn’t been able to vote because of the lack of a second advance poll,” said Watmough.

“The notices of the election were provided several times in the local media, as well as being posted on the school district’s website and the Elections BC website.”

Justice Peter Rogers said he will prepare a written decision either by the end of next week or the following week.

“It’s turned into a very interesting case,” he said.