Judge to rule on St. John’s East-quidi Vidi recount
Justice Donald Burrage heard arguments in court Monday, will make decision this week
A judicial decision on whether or not there will be a vote recount in the district of St. John’s East-quidi Vidi is expected to come by Wednesday.
Lawyers representing New Democratic Party Leader Alison Coffin, Elections NL and Liberal MHA John Abbott were at Newfoundland and Labrador Supreme Court in St. John’s Monday morning, where Justice Donald Burrage heard arguments related to Coffin’s application for a recount.
Coffin filed the application last month, requesting a recount of the votes cast in the recent provincial election in her district. She lost to Abbott by 53 votes.
The election saw Premier Andrew Furey and the Liberals win by a slim majority on March 27. Both Coffin and now former Progressive Conservative leader Ches Crosbie lost their seats in the House.
Burrage indicated he intends to rule on the application by Wednesday.
Elections NL lawyer Andrew Fitzgerald told the court Chief Electoral Officer Bruce Chaulk “is not trying to disenfranchise people” and isn’t arguing against a recount.
Coffin’s court documents allege some ballots were counted improperly and others were improperly rejected, and noncompliant restrictions on the scrutineers gives rise to a “reasonable fear and concern that a returning officer has, in counting the votes, inadvertently made an incorrect statement of the number of ballots cast for a candidate or candidates.”
Coffin has also filed a separate court application asking for the provincial election results to be thrown out and a new vote held, based on allegations that the election process had been illegally mishandled.
Coffin and St. John’s East-quidi Vidi resident Whymarrh Whitby, who indicates he was denied his right to vote by not receiving a ballot despite repeatedly requesting one, are named as appellants in the court documents and allege Elections NL discriminated against certain voters and generally mishandled the entire election, warranting a new one.
Their document, which includes their own affidavits as well as that of St. John’s NDP scrutineer Judy Vanta, alleges Chaulk had legal duties that he failed to discharge “in the manner required of him, most notably with respect to his duty to ensure that the election proceeded with fairness, impartiality and in compliance with the act, and that (Chaulk) failed to act in good faith.”
Former PC candidates Sheila Fitzgerald and Jim Lester have also filed applications with the court to have the results in their ridings overturned. All three of those applications will be called in court again May 21.