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Amy Lubik wins second term on Port Moody council in judicial tiebreaker

The new councillor-elect received the same number of votes as David Stuart following the results of a partial recount by a provincial court judge.

Amy Lubik will return to Port Moody city hall another four years.

The results of a recount this week, and a piece of paper, have declared the incumbent candidate a second term and the final spot on council.

In a statement today (Oct. 28), the city said Lubik's name was randomly selected out of a large container by a judge after she and candidate David Stuart earned the same number of votes from a partial recount.

Lubik filed the B.C. provincial court application on Wednesday (Oct. 26), claiming two of the ballot machines showed "irregularities."

This included the Heritage Mountain Community Centre's voting machine, as well as one of two from the Kyle Centre polling station — it's not clear which box in particular was part of the recount. 

Thursday's (Oct. 27) redux showed both Lubik and Stuart each received 3,597 votes from eligible residents following the 2022 general election night (Oct. 15) and a civic recount on Oct. 19.

This enacted section 151(2) under the Local Government Act, which is when both candidates' names are written on pieces of paper and folded for a presiding judge to randomly draw out of container to declare the winner.

The procedure is also part of Port Moody's General Local Government Election Bylaw (No. 3367).

Election night and first recount

By the end of the 2022 election, the sixth spot on council was separated by two votes — 3,596 for Stuart and 3,594 for Lubik.

The close margin prompted the city's chief election officer, Philip Lo, to trigger a recount of all the ballots to formally declare the results.

At the time, Lo said, while a recount wasn't required under the city's local government election bylaw, it was the "right thing to do."

However, the results showed both Stuart and Lubik each lost a ballot but were still split by two votes — 3,595 and 3,593 respectively — and Stuart was declared as councillor-elect.

Though results were made "official" on Oct. 19, recount requests were still open for BC Provincial Court application by candidates, a candidate's representative or an eligible elector.

Lubik then created the partial judicial recount file on Monday (Oct. 24), which was the deadline for candidates or candidate representatives could submit such an application nine days after the general election.

It was approved by a judge on Wednesday, and told the Tri-City News her campaign team wanted to "be sure that the process was accurate."

"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," the City of Port Moody explained.

"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."

Now, as of today, the city's next council will be as follows:


  • Meghan Lahti (4,938 votes)


  • Callan Morrison (4,740 votes)
  • Diana Dilworth (4,101 votes)
    • Incumbent
  • Samantha Agtarap (3,802 votes)
  • Kyla Knowles (3,787 votes)
  • Haven Lurbiecki (3,681 votes)
  • Amy Lubik (3,597 votes)
    • Incumbent

Port Moody's voter turnout was 36.3 per cent for the 2022 municipal election — 8,989 out of 24,775 eligible voters — which was a slight decrease from the 2018 race (37.3 per cent).