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The Progressive Conservative Occasion of Manitoba concedes it gave management candidates faulty data earlier than October’s election — however says the precise ballots have been counted pretty and precisely.
In a 209-page submission to Manitoba’s Court docket of the Queen’s Bench, the PC Occasion seeks to dismiss candidate Shelly Glover’s software to declare the outcomes of the Oct. 30 management race invalid and require the social gathering to carry a brand new vote.
Glover misplaced that race by 363 votes to Heather Stefanson, who was sworn in as Manitoba’s premier three days later. Glover didn’t concede and is looking for to have the outcome tossed out on the premise the entire vote depend fluctuated on election day and that the social gathering did not safe ballots.
In its submission to the courtroom, the social gathering says it would not matter Glover and Stefanson obtained faulty estimations of the entire vote depend earlier than the precise ballots have been tallied below the watchful eye of scrutineers from each campaigns.
“On the finish of the day, no matter deficiencies there could have been in holding observe of who voted, it stays true that the one ballots counted on election day have been ones that have been permitted of and verified as legitimate by trusted scrutineers appointed by every of the candidates,” attorneys Neil Duboff, Harley Schachter and Kaitlyn Lewis argue within the submission.
The social gathering says a spreadsheet offered to each candidates early within the morning of Oct. 30 was by no means permitted as being a part of the election course of.
“Whereas among the data voluntarily shared with every of the candidates (and coping with who had voted and what number of ballots have been obtained and processed by scrutineers on the validation flooring and determination desk) was in error, each in legislation and in reality these errors are of no second,” the social gathering’s attorneys argue.
“The proof helps a discovering that solely ballots permitted of by every of the candidates made their method into the poll field.”
The social gathering additionally rejects a variety of different Glover arguments. One is her competition {that a} confidential “balloting course of” doc was a part of the election course of. One other is that the PC election must be judged below the requirements laid out by the Manitoba Elections Act.
The PCs additionally reject Glover’s declare the accounting agency Scarrow & Donald did not safe the election ballots.
“To impugn the professionalism that Scarrow & Donald delivered to the duty they have been retained to perform is, on the state of the proof, deserving of rebuke by this courtroom,” the attorneys argue.
In the end, the PCs argue the election was performed in accordance with the social gathering’s structure and management guidelines.
Dubofff, Schachter and Lewis recommend Glover filed her lawsuit as a result of she was sad with the outcome.
“It might be that Ms. Glover’s marketing campaign crew and volunteers, of their exuberance for his or her candidate, had actually held the assumption early on, when solely 44 per cent of the votes have been in, that she wouldn’t and couldn’t lose,” they write.
“Such private beliefs, regardless of how fervently held, will not be true when they’re inconsistent with the details. And the details of this case are that Heather Stefanson bought extra votes than Shelly Glover did.”
Attorneys for Glover and the social gathering are scheduled to argue the deserves of their instances in on Friday morning in a listening to earlier than Justice James Edmond.
Each events have agreed to have the proceedings recorded by two tv cameras, however the listening to is not going to be broadcast reside. Plans are within the works for an edited model to be made public at a later date.
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