Doug McCallum wants a re-count in Surrey's election: How he could get one, and who pays

On Saturday, Surrey mayoral candidate Doug McCallum was gracious in defeat when the final tally showed him losing to Coun. Brenda Locke by just under 1,000 votes.

He gave a concession speech, and told the media “I respect the decision that our residents have made.”

But 72 hours later, his party the Safe Surrey Coalition issued a short statement saying McCallum isn’t conceding, and his legal team is now looking into the rules for requesting a judicial recount.

John Alexander, a Victoria lawyer who specializes in local government law, says the grounds for getting one are very limited.

Vote differential is not a factor. The candidate has to show ballots were incorrectly accepted or rejected, or that the final count is somehow wrong – and there has to be compelling evidence.

“In order to seek a judicial recount, one has to file an application with a sworn affidavit setting out the facts that support the allegations being made by the candidate,” said Alexander. ”So you can’t just do it on a supposition or a suspicion. You have to have some reasons or grounds.”

If the re-count is allowed, councillor-elect Linda Annis says Surrey residents would be outraged.

“There was an election, we heard what the residents wanted, and clearly they wanted a change in government,” said Annis. “I also think it’s just one more cost that Doug McCallum is passing onto the residents. His legal bills, and now this.”

Surrey taxpayers are on the hook to cover the costs of McCallum’s high-priced lawyer for his public mischief trial starting on Oct. 31. But that might not be the case if he gets his recount.

“If that process has been undertaken on the basis of frivolous or unsubstantiated allegations, the court, after disposing of the argument, could order that the candidate pay the court costs,” said Alexander.

McCallum has until Monday to convince a judge to allow the recount. Alexander is skeptical it will happen.

“One would have to have some pretty significant facts to satisfy a court that they should start into the actual counting process,” he said.

CTV News reached out to the Safe Surrey Coalition for comment, but did not receive a reply. While the final margin for mayor was close, Annis says the people have spoken, and McCallum should admit defeat.

”I think he needs to take that as message from the residents of Surrey that his time has been concluded.”