Following is the information released by City of Port Moody:
On October 27, 2022, Judge Lee of the Provincial Court of British Columbia presided over a partial judicial recount in the local election of councillor for the City of Port Moody between candidates David Stuart and Amy Lubik. At the conclusion of this legal process, Judge Lee declared Amy Lubik elected to the sixth position on Port Moody City Council.
On October 19, 2022, the City’s Chief Election Officer declared David Stuart elected to the sixth position on Council with 3,595 votes in the 2022 Port Moody General Local Election. The next closest candidate, Amy Lubik, earned 3,593 votes. An Application for Judicial Recount was filed by councillor candidate Amy Lubik on October 24, 2022.
On October 26, 2022, Judge Lee of the Provincial Court of British Columbia heard the Application and ordered a partial judicial recount to determine the results for the sixth position on Council between candidates David Stuart and Amy Lubik. Following the judicial recount, each candidate received 3,597 votes.
As a result of the equality of votes, pursuant to section 151(2) of the Local Government Act, and section 12.4 of the City of Port Moody General Local Government Election Bylaw, 2022, No. 3367, the result was determined by lot.
Presided over by Judge Lee, the name of each candidate was written on a separate piece of paper, folded in a uniform manner, and placed in a container large enough to allow them to be shaken. One paper was then randomly withdrawn from the container, and Judge Lee declared elected Amy Lubik for the sixth seat on Port Moody City Council.
Rules and procedures for local government elections are set out in the Local Government Act, and the City of Port Moody General Local Government Election Bylaw, 2022, No. 3367.
To view full election results for all candidates in the 2022 Port Moody General Local Election, please visit portmoody.ca/vote.