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4 - The Oakville Beaver, Friday March 12, 2004 III (gj ^ Electronic recount was the only option (Continued from page 3) E R IN M IL L S T O W N C E N T R E Y O U R E N V IR O N M E N T A L L Y FR IE N D L Y S O L U T IO N T O R ED U C E P R I N T I N G C O S T S WE REFILL ALL INKJET CARTRIDGES USUALLY W IT H IN O N E HALF H O U R W E S U P P L Y H IG H Q U A L IT Y R E M A N U F A C T U R E D L A SE R T O N E R C A R T R ID G E S A T C O M P E T IT IV E P R IC E S ( 9 0 5 ) 6 0 7 - 0 3 5 4 e r in m ills @ is la n d in k je t.c o m C a ll o r e m a i l f o r a q u o t e REFILL O R LAN D FILL - Y O U R C H O IC E There was one ballot in which an "X" was between the two names, but most were clear, according to Callaghan. Some ballots, marked with the wrong pen, were allowed by Best. "The distribution of the votes cast in the disputed bal lots is such that the final out come of the recount confirming Ann Mulvale as mayor would be unlikely to change," said Best yesterday. The recount began Monday, the same day the court hearing was to have begun after Burton filed a challenge of the Nov. 10 election results with the Ontario Superior Court of Justice. The Town did not do a recount following the Nov. 10 election -- a mandatory recount is necessary only on a tie vote -- and Burton did not ask the Town to do a recount though Mulvale had said on Election Night she expected one. A few days after the new council was sworn in, Burton filed his court challenge. Burton said yesterday that he filed 24 days after the election, "When it became apparent that Oakville Town Council would not order a recount as it was permitted to do under the Sleep Factor ERS SOLD! Municipal Elections Act." The Town then opted to defend itself in open court against allegations about vote counting irregularities made in Burton's claim, rather than order an electronic recount. Since Election Day vote tabulation had been electronic, that was the only method of recount legally possible. Some residents asked for a manual recount, but only a judge could order one and only upon finding evidence of irreg ularity in vote tabulation. As legal costs mounted, the case became more complicated when Burton filed a rejoinder to the Town's defence, and coun cillors felt pressure from the public to simply do a recount even though its time limit to do so had expired. As a result, a settlement offer was made. After a week of legal wran gling, all parties to the chal lenge, Burton, Mulvale, the Town and Best, agreed to settle the challenge via a binding electronic recount and to each pay their own legal fees. Part of the agreement was that any ballots disputed during the electronic recount could be appealed to the court. During the recount, ^ b a l lots were reviewed manually. They were examined, but not handled, by the candidates' lawyers who argued each ballot. Best also posted results if the disputed ballots were excluded -- which showed Mulvale win ning by 20 votes. 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