Rocky voting irregularities court challenge put over until fall

By Josh Hall (Twitter: @Vancan19)
January 16, 2018 - 11:43am

A judge in Red Deer has adjourned the application for a judicial review of voting irregularities which allegedly took place during the municipal elections for the Town of Rocky Mountain House and Clearwater County last fall.

In December, Rocky mayoral runner-up Sheila Mizera -- who lost by 50 votes -- and County Division 6 runner-up Diane Spencer -- who lost by one ballot -- appeared in Red Deer court to ask they be allowed to inspect ballots.

While neither is challenging the results of the election, they do claim that some voters may have voted in both jurisdictions or in the wrong one. Mizera lost the mayor's race by 50 votes while Spencer finished just one vote shy in her county race. 

The pair was ordered to properly serve the Justice Minister's office with notice of these proceedings by Jan. 5, which they accomplished.

Monday, they appeared in Red Deer court where Madame Justice M.R. Bast adjourned the matter until a one-day Special Chambers hearing can be held on Nov. 8 of this year.

Justice Bast ordered both municipalities to refrain from the typically-legislated destruction of ballot boxes until further court order is issued.

The Town and County are arguing that Mizera and Spencer have no entitlement to inspecting the ballots because they aren't challenging the results of the election.

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