Frustration growing over delay of Ward 7 byelection

Candidates and constituents of Windsor's Ward 7 are growing frustrated and want to see a byelection move ahead.

"We're about to have some flooding in this area so I couldn't imagine a more important time to have some representation than right now," said Darren Luck, who lives in Rendezvous Shores.

The byelection was supposed to be held Apr. 27, but was put on hold when a state of emergency was declared under the Municipal Elections Act.

Residents have been without councillor representation since last fall's federal election when Irek Kusmiercyzk was voted in as MP for Windsor-Tecumseh.

Lydia Miljan, political science professor at the University of Windsor, says it's important to fill the seat as soon as possible, adding "we can't use the pandemic as an excuse not to proceed with democracy."

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Candidate Howard Weeks proposes using digital technology to hold virtual town halls, and then hold the byelection with mail-in ballots.

"There's all kinds of very very important issues," said Weeks. "I can't imagine when it would be possible to have a conventional election."

Candidate Angelo Marignani says South Korea recently held an election with people turning out to polls with a number of precautions in place.

"The most important thing is to maintain the safety of the women and men who are at the polling station and the people who are coming out there to place their vote," said Marignani.

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Terri Knight Lepain — manager of records, elections and freedom of information and privacy for the City of Windsor — said the election cannot be held until the clerk lifts the state of emergency.

Knight Lepain adds the election must be carried out in similar fashion to the way the general election was.

"Councillors and the mayor ...passed a bylaw to direct us to proceed with a paper ballot system and electronic vote tabulation. So, based on section 65 [of the Municipal Elections Act] we have to carry out this by election in the same manner," said Knight Lepain.

She said the city would also not be able to pull together a mail-in ballot election while city hall is currently following pandemic precautions.

"They would have to then amend or modify their bylaw in order to do an appointment. We would have to, I think get legal consultation on that and we would definitely have to consult with the ministry," said Knight Lepain. "Typically once city council makes their decision regarding an appointment or a byelection the decision stands."

There are 12 candidates running for Ward 7. The election was officially postponed on March 17 after all nominations closed. Once the election is called again, the campaign period will be the same length as it would have been if the election had not been postponed.