Affine Lwalalika, the Quebec Liberal Party (PLQ) candidate in the riding of Vachon on Montreal’s South Shore, is officially contesting the results of a judicial recount of the Oct. 5 provincial election. The party deposed its legal challenge, contesting 31 votes, in court on Friday. “Ms. Affine Lwalalika contends that 31 ballots were unlawfully rejected during the judicial recount, including 22 cast in her favour and nine in favour of [Parti Québécois candidate] Mr. Stephan Fogaing,” the court documents, provided to CTV News, state. “She requests that these votes be declared valid and counted, which would give her a majority of 10 votes and confirm her election; or, alternatively, that the election be annulled due to irregularities.” Additionally, the legal challenge claims that “Mr. Pierre-Hugues Miller, a disbarred attorney who actively participated in the judicial recount on behalf of Mr. Fogaing, constitutes electoral fraud.” The court documents attest that on election night, 588 votes were rejected in the riding, with an additional 142 thrown out during the judicial recount. “In several cases, the marks that served as grounds for rejecting the ballots measured only a few millimetres and were sometimes barely visible to the naked eye without close examination,” the challenge reads. Legal process According to Elections Quebec, the PLQ’s petition must “present facts demonstrating that the election or the related proclamation was irregular or that fraudulent electoral practices were employed” and that this could have “changed or significantly affected the outcome of the election.” READ MORE: The agency noted that the petition will be heard by three judges, with the majority rendering the decision. As such, the court will be tasked with deciding if the election is void or who the rightful winner is. “If the election is declared invalid, a new election is held,” Elections Quebec told CTV News. “If the court confirms the election result or declares another person elected, the election result is forwarded to the Secretary General of the National Assembly, who administers the oath of office to the elected person.” The recount The legal challenge comes after Lwalalika was declared the winner in the riding, which is part of the City of Longueuil’s Saint-Hubert borough, by 10 votes on election night. However, the Parti Québécois (PQ) demanded a recount, which spanned three days, and the decision was overturned by a margin of three votes in favour of candidate Stephen Fogaing - 10,023 to Lwalalika’s 10,020. Following the recount, Lwalalika took to social media to contest the results, arguing that ballots deemed valid on election night were later rejected because one or more pencil marks appeared outside the designated circle. She claimed that regardless of the scratchings, the voter’s choice was clear. “Should an additional mark — one that contains no offensive language, is minor and often very faint, and includes no drawing or element that could identify the voter — be enough to disqualify a clearly expressed vote?” she asked. “This is what we will be presenting to the courts.” “Every vote counts,” she insisted. Lwalalika currently sits as a city councillor with Mayor Catherine Fournier’s team in Longueuil’s Parc-de-la-Cité neighbourhood. The case is expected to be heard by the Court of Quebec after Nov. 20 in Longueuil.
