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Liberal Candidate in Montreal South Shore Riding Speaks Out After Losing by 3 Votes in Judicial Recount
Affine Lwalalika says a recount overturned her 10-vote lead after ballots with faint pencil marks were rejected and Stephan Fogaing was declared the winner by three votes.
On Monday, Quebec Liberal Party candidate Affine Lwalalika launched a legal challenge against the Vachon recount results that declared Stephan Fogaing the winner by three votes, overturning her initial 10-vote lead.
Lwalalika argues the judicial recount invalidated ballots containing minor, faint pencil marks outside designated circles despite clear voter intent. She maintains the voter's intention should take priority over strict marking rules.
Official results confirmed Fogaing received 10,023 votes compared to 10,020 for Lwalalika. Rejected ballots in Vachon jumped from 588 during the initial count to 730 following the recount.
Under the Election Act, the legal challenge must be filed with the Court and heard by three judges within at least 10 days of notification. If the Court finds the election void, a new election must be held.
Judicial recounts rarely overturn election outcomes, according to the Chief Electoral Officer. While the party welcomed Fogaing as its 60th representative, this legal challenge prevents his official swearing-in until the Court renders a final judgment.