In a closely contested federal election, a judge has ordered a recount of ballots in the Windsor—Tecumseh—Lakeshore riding after a mere 77 votes separated the Conservative candidate from the Liberal incumbent. The Ontario Superior Court's decision comes as former MP Irek Kusmierczyk, who lost his seat to Conservative Kathy Borrelli, expressed confidence that the recount would alter the election outcome.
The recount was granted following Kusmierczyk's application, which highlighted numerous tabulation errors and a significant number of ballots that were reportedly rejected. During a virtual court hearing on May 9, Justice J. Ross Macfarlane stated, "I am prepared to grant the order," emphasizing the need for clarity and confidence in the election results.
Kusmierczyk, who previously represented the riding since 2019, noted the razor-thin margin was just seven votes shy of triggering an automatic recount according to Elections Canada’s regulations. He remarked, "We got a shot. That’s all we asked for," indicating that he was optimistic about the potential to overturn the results.
As per the latest figures from Elections Canada, Borrelli secured 32,062 votes, accounting for 45.8 percent of the total, while Kusmierczyk received 31,985 votes, or 45.7 percent. The discrepancy in the vote count has raised concerns about the integrity of the electoral process, prompting Kusmierczyk to claim that several ballots were "wrongly rejected." He stated, "What we're after is clarity and confidence for this community in the results of the election."
Legal representatives for Kusmierczyk presented evidence during the hearing, including affidavits from election scrutineers who reported seeing ballots that they believed were valid but were not counted. One notable example included a ballot marked with an X next to Kusmierczyk's name, accompanied by a handwritten note stating, "Irek did a good job." This raised questions about the interpretation of voter intent on rejected ballots.
In response, Borrelli stated her team would fully cooperate with the recount process, emphasizing the importance of ensuring that voters maintain confidence in the democratic process. "Together with my legal team, we decided not to contest the Liberal’s request for a recount," she said in a statement following the court ruling.
The recount is set to begin on May 20, 2025, at an office in Tecumseh. This event is one of several recounts taking place across Canada, including in the electoral districts of Milton East–Halton Hills South, Terra Nova—The Peninsulas, and Terrebonne, all of which experienced closely contested races.
In total, over 70,000 ballots were cast in the Windsor—Tecumseh—Lakeshore riding, with more than 500 ballots reportedly rejected. The threshold for a judicial recount is when the difference between the leading candidates is less than one one-thousandth of the total votes cast, a condition that this election met with its narrow margin.
During the court proceedings, Kusmierczyk's legal counsel argued that the validity of election ballots hinges on two key factors: the marked ballot must not reveal the voter’s identity and must clearly show the voter’s intent. This was a central point of contention, as many rejected ballots allegedly demonstrated the voters' intentions clearly, despite being disqualified under current election rules.
As the recount approaches, both candidates prepare to scrutinize each ballot meticulously. Kusmierczyk expressed his determination to ensure that every valid vote is counted, stating, "We feel confident that we're gonna find those votes, but all we asked for is a shot and a second look, and that's what we were granted."
The outcome of this recount could have significant implications not only for the candidates involved but also for the broader political landscape in Canada. With Prime Minister Mark Carney leading a minority Liberal government, every seat in the House of Commons is crucial, and the Windsor—Tecumseh—Lakeshore riding is no exception.
As the community awaits the recount, the focus remains on ensuring a transparent and fair electoral process. The events in Windsor—Tecumseh—Lakeshore serve as a reminder of the importance of voter engagement and the integrity of elections in a democratic society.
