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NDP application for recount in St. John& #39;s East-Quidi Vidi is in court this morning. The parties have agreed to a hearing May 10 to assess whether threshold for recount has been met under s. 165 of Elections Act. It sounds like Elections NL wants to cross-examine evidence. #nlpoli
So no dates have been set for the actual recount yet. The judge will have to rule May 10 on whether a recount is warranted. #nlpoli
This morning, the lawyer for Elections NL referred to a 2011 case in which a judge rejected an application for a recount. It& #39;s been a while since I looked back at this, but this would appear to refer back to the Burin-Placentia West case after the 2011 election. #nlpoli
NDP candidate Julie Mitchell lost to Tory cabinet minister Clyde Jackman by 40 votes. The NDP asked for a recount and the judge ruled there wasn& #39;t enough evidence to warrant one and dismissed the application. #nlpoli
So the NDP then followed up with the Charter challenge, arguing the special ballot rules that allowed voting up to four weeks before the writ period were unconstitutional. The NDP eventually won that case, but not until 2017. #nlpoli
In this case, the NDP has already filed a parallel court action raising Charter and other issues. #nlpoli
The PC party says in a statement it will not be taking legal action on the election at this time. #nlpoli
