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Judge gives recount some leeway

A judge has ruled an affidavit seeking a hand recount of the Fort Erie mayoral election is invalid, but left the door open for Bill Brunton to provide more evidence to support his application for a court order.

Ontario Superior Court Justice Theresa Maddelena wrote today that Brunton’s application is based on hearsay evidence — “sometimes double and triple hearsay” — and therefore not admissible.

Normally an affidavit like this would result in the dismissal of the application, she wrote, but she cited a Supreme Court ruling that the fundamental importance of the right to vote allows the court to be liberal.

At issue is whether 60 to 64 ballots that did not register as votes for mayor were intentionally left blank or if they were unread by the vote tabulating machines by mistake.

While the affidavit cannot be submitted as evidence, Maddelena said she is satisfied that these ballots are in dispute and is willing to consider the case if admissible evidence is brought forward.

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  1. Chris | Nov 22, 2010 | Reply

    Oh boy….

  2. kevin | Nov 28, 2010 | Reply

    let it go stop spending money for nothing you lost noyes.

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