Here’s what will happen next

Voters have had their say, and now simple math or random chance will be used to identify Peachland’s next mayor.

Before the end of next week, a provincial court judge will recount the ballots cast for mayor in the civic election. If the judge confirms the current tie, with 804 votes for both incumbent Cindy Fortin and challenger Harry Gough, the election’s outcome will be left to fate. Here’s what would happen: — Fortin’s name and Gough’s name will be written on separate pieces of paper similar in size to the ballots used on election night.

— The papers will be folded similarly so the names are not visible.

— The papers will be placed in a container, with the container then shaken.

— The judge will tell another person in the courtroom not associated with either Gough’s or Fortin’s campaign to draw one piece of paper.

— The judge will read the name and declare that person mayor of Peachland for the next four years.

These rules are laid down in the Local Government Act, which also allows for the presence during the judicial recount of Fortin, Gough, their election agents and lawyers, and town administrator

Elsie Lemke.

“Other persons may be present only if permitted by the court,” reads part of an explanation of the recount process sent by the Ministry of Municipal Affairs and Housing to The Daily Courier.

So, at this point, it’s not known if the media or other members of the public will be able to watch the recount and the possible drawing of the name of Peachland’s next mayor.

Some observers have wondered why there won’t be a runoff election between Fortin and Gough,

and indeed the Local Government Act does provide for such a vote in the event of a tie between election candidates.

But Peachland town council earlier this year passed a bylaw specifically prohibiting a runoff election. “In the event of a tie vote after a judicial recount, the tie vote will be resolved by conducting a lot in accordance with Section 151 of the Local Government Act, rather than by election,” reads part of Peachland Bylaw No. 2235, passed on May 22, 2018.

On election night, a preliminary count gave Gough 804 votes and Fortin 803.

But a verification process on Monday confirmed a problem with one of the electronic voting machines used on Saturday.

After one ballot was put into the machine for automatic tabulation, the device jammed, according to Peachland’s chief election officer, Polly Palmer.

The machine flashed a message telling the operator to reinsert the ballot. Before that could be done, however, the ballot was fed by the machine into the counting box.

“I could not be sure if the missfed ballot had been counted or not counted, so I documented it and immediately contacted the voting machine company,” Palmer wrote in an email to The Daily Courier. “The company’s voting tabulator Senior Manager advised that it probably got counted, but if any votes were within one of each other, then there could be an issue.”

It now appears the machine did not, in fact, count that particular ballot. When a manual recount of the ballots was conducted on Monday, it emerged that Fortin had won one more vote than the counting machines indicated. A tie, at 804 votes, was declared to be the official result, setting the stage for the judicial recount.

Palmer applied on Tuesday for the judicial recount but was not immediately told when it will be held.