Vaughan's civic election now in hands of court
Last Updated: Monday, April 2, 2007 | 12:03 PM ET
CBC News
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An Ontario Superior Court justice ruled Monday in favour of allowing a full court hearing into former Vaughan mayor Michael Di Biase's claim that hundreds of votes were not counted in last November's municipal election that led to his narrow defeat.
Official results of a machine recount ordered by city council showed Linda Jackson won the Nov. 13 election by 94 votes over Di Biase.
Di Biase claims faulty electronic voting machines may have rejected about 1,600 votes and tens of thousands of ballots were questionable because of the alleged failure by returning officers to follow proper procedures.
The City of Vaughan had put forward a motion to quash the court hearing wanted by Di Biase, but Justice Peter Howden ruled against the city's motion Monday.
Depending on the outcome of the court challenge, a judge could either order a hand recount or a new election to be held.
The court hearing is scheduled to begin Tuesday and will look into disputed ballots, the manual recount and whether the election is valid.
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