DJ Kelly, candidate for Calgary City Council in Ward 4, announced on his website the formal withdraw of his judicial recount application.
Kelly in a news released said that current law in Alberta makes it impossible for the judicial recount to continue, "The current law is that in Calgary, and anywhere in Alberta where a machine is used on election day, there is no way to request a recount."
Kelly states that the judge involved in the case outlined that the law as written make it impossible to ask for a judicial recount.
As the city used automatic tabulators in the 2021 election, Kelly states that the recount was being dropped, “Our democratic system must be based on trust, and the combination of this section of the Local Authorities Election Act and the choice by the City to use tabulators to achieve a quicker election result means by law no confirmation of election results is possible.”
Kelly offered his congratulations to Councillor Sean Chu on his election as Ward 4 councillor, "Calgarians living in Ward 4 deserve strong and effective representation, and I will watch closely to see if he is able to deliver on that expectation.
“I don’t plan on going anywhere, however," he added.
Councillor Chu has been under immense pressure since the October election to resign, after a CBC article brought to light allegations of sexual misconduct of a minor when Chu was an member of the Calgary Police Service.
Calgary Mayor Jyoti Gondek, along with the majority of Chu's council colleagues have called for Chu's resignation.
Kelly narrowly lost to incumbent Councillor Sean Chu. Chu received 100 votes more than Kelly at the October 20th election.