What to do with a tied vote?

FiveParadox

Governor General
Dec 20, 2005
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Vancouver, BC
With all of the hubbub in the United States this week about coin tosses, and the role that luck and chance have played in the ongoing race for the Democratic and Republican presidential nominations, the CBC has published an article reviewing some of our own practices here in Canada. As it turns out, our system isn't necessarily all that much better. There is a patchwork of rules and standards across the country for the all-important tie-breaking vote. So, what are our own rules?

History of tied votes at the federal level

Tied votes in federal elections to the House of Commons are exceptionally rare. There have only been three (3) tied elections to the House and, in each of these elections, the Canada Elections Act at the time prescribed that ties were to be broken by the returning officer for the riding.

In 1887, Édouard Guilbault (Conservative) and F. Neveu (Liberal) tied in the Québec electoral district of Joliette, each receiving 1,532 votes. The tie-breaking vote was cast by the returning officer, resulting in Guilbault's election to the House, where he served as a backbencher in the Conservative government of Sir the Right Hon. John A. Macdonald, G.C.B., K.C.M.G., P.C., P.C., Q.C.

In 1896, Nicholas Flood Davin (Conservative) and John K. McInnis (an independent candidate) each received 1,502 votes in the Northwest Territories electoral district of Assiniboia West. The vote being tied, the returning officer cast his vote for Davin, who would serve with the Conservative opposition.

In 1963, the Hon. Paul Martineau (Progressive Conservative), P.C., K.C.S.G., Q.C., and Paul-Oliva Goulet (Liberal) each received 6,448 votes in the Québec electoral district of Pontiac—Témiscamingue. Because the vote was tied, the returning officer cast his vote for Martineau. He would meet the new House as the critic on mines and technical surveys, with his Progressive Conservative Party having been returned to the opposition benches.

While these tied votes are rare, and we haven't had one in over a half-century, they are clearly possible. The Canada Elections Act has since been amended, though, to provide that upon a tied vote to the House, that seat remains vacant and a by-election is called for the riding.

In the provinces

Most of the provinces have followed the recent evolution of federal elections, and now call for by-elections in the event of a tied vote. This is the case in Québec, British Columbia, Manitoba, Alberta, Saskatchewan, and Newfoundland and Labrador.

In Ontario and New Brunswick, they continue the traditional Canadian practice of having the returning officer cast the deciding vote in the event of a tie. Some officials in those provinces have expressed concern that this arrangement means that the returning officer does not have the same right that other Canadians do to a vote by secret ballot (since their vote would be glaringly obvious).

In Prince Edward Island and Nova Scotia, a tied vote is resolved through luck or chance. In Prince Edward Island, this means a coin toss. In Nova Scotia, the tied candidates' names are written down on pieces of paper, and are placed in a box and shaken; the candidate whose name is drawn is elected.

In the territories

In the territories, the Northwest Territories and Nunavut conduct by-elections when an election is tied, just as we do for federal elections, and as most of the provinces do. For Yukon, tied votes are resolved through luck or chance, such as drawing the name from a hat.

Source: It's a toss-up (CBC News)