An application for a judicial recount of the ballots cast in the federal election in the riding of Windsor-Tecumseh-Lakeshore has been approved.
During a hearing Friday in Windsor, Justice J. Ross Macfarlane ruled that a recount would be conducted.
The recount of the over 70,000 ballots will begin on Tuesday, May 20, with the goal of being completed by Thursday, May 22, allowing the recount to be concluded in time for the return to Parliament on Monday, May 26.
The lawyers for Liberal incumbent Irek Kusmierczyk's campaign argued that several ballots should not have been rejected as the "intent of the voter was clear."
There were 14 affidavits presented from ballot scrutineers that cited examples of rejected ballots, including several that had a check mark in the circle next to the candidate's name, but the voter included a message like 'Go Irek!' or a mark inside the circle next to the candidate's name but also a check mark on the other side of the ballot next to the same candidate.
The newly formed riding of Windsor-Tecumseh-Lakeshore saw Borrelli take the seat by 233 votes, but that margin was reduced to 77 votes following the validation process by Elections Canada.
According to Elections Canada, there were 536 rejected ballots, which spurred the request for the judicial recount.
Speaking to the media following the decision, Kusmierczyk says they feel confident they're going to find the votes.
"All we asked for was a shot and a second look, and that's what we were granted," he says. "Now it's like the playoffs. You fought to get into this opportunity to have this chance, and now it's up to our volunteers again, our recount teams, and our counsel to clinch it."
Kusmierczyk says both sides will be involved in the recount, but the judge will be the final arbiter in terms of which ballots are rejected or accepted.
"There will be two counsels on both sides, and Elections Canada will have their counsels too. Elections Canada will be running the actual recount, but we will have teams of volunteers that will be scrutinizing each recount team, much like we did on election night," he says.
During a news conference on May 5 as he made his application for the judicial recount, Kusmierczyk told reporters that the riding of Windsor-Tecumseh-Lakeshore had one of the highest counts of rejected ballots in Canada.
A statement from Borrelli says, "Together with my legal team, we decided not to contest the Liberal's request for a recount. It's important that voters are confident in the democratic process. I respect the order by Justice Ross Macfarlane for a recount of the ballots, therefore, my team will cooperate fully in all that is required."