Former Vaughan Mayor To Challenge Election Results

Vaughan’s ex-mayor Michael Di Biase, who lost last fall’s municipal election by fewer than 100 votes, has won the chance to convince a judge why last November’s election should be deemed invalid.

An Ontario Superior Court judge ruled Monday in Newmarket that Di Biase’s challenge should be allowed to proceed. The city had filed a motion to have it thrown out.

“I’m pleased with the response from the judge,” Di Biase said outside court. “He validated my application, which is important. Democracy is very important and the integrity of every vote.

“We want to make sure that every citizen has a right to vote and that that vote will count.”

Di Biase lost the Vaughan vote to Linda Jackson by only 90 votes. An electronic recount changed the number to 94 votes. He feels 1,600 ballots were not counted and those boxes may bump Jackson out of the mayor’s seat.

The judge conceded there was evidence of irregularities – some votes apparently weren’t counted and others were from people that apparently weren’t on the voters list.

Jackson’s husband was at court, and he said he had faith in the process.

“We’re still confident that once this is all said and done, hopefully the results will remain the same,” he said.

If he wins the challenge, the election results could be declared invalid. If that happens, there are at least two possible outcomes: a hand recount or another election. Di Biase’s lawyers want both a recount and to have the vote declared invalid.

Vaughan has a population of 245,000. The challenge has so far cost taxpayers more than $100,000, and the judge wants to see the situation resolved quickly.

The hearing starts Tuesday morning. Depending on the outcome, the judge could order a manual recount or rule in favour of another election. 

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