Manitoba Progressive Conservatives ask for judicial recount in Elmwood

Progressive Conservative candidate Sarah Langevin has applied to Manitoba's Court of Queen's Bench for a recount of the votes in the Elmwood constituency.Langevin lost to New Democrat Jim Maloway by just 101 votes in the April 19th election. An automatic recount is triggered when the difference is 50 votes or less.

"Although we are 50, 51 votes over what the automatic recount is, we feel that because of the number of votes that may be in dispute the party is interested in making sure that everyone's vote counts and it counts for where they wanted it to go," said George Orle,thelawyer for the PC party.

NDP MLA Jim Maloway says bring on the recount.

"They can make whatever recount applications they want, I don't mind. At the end of the day I won by a 101 [votes] and I might even win by even morewhen we recount," Maloway said.

Maloway saysin whether it's afederal or provincial election, recounts bring few changes to the outcome and he heard of no irregularities during the election earlier this month.

"Absolutely not. We had scrutineers there and they had theirscrutineersthere and at that time if there was any objections they could have raised them. And there was nothing of any consequence," Maloway told CBC News.

Maloway called the recount effort a "longshot" on the part of the PCsand wants the Tories to pay the cost of it.

PC lawyer GeorgeOrlefiled the application for Langevin on Thursday.He says the vote in Elmwood had a high number of rejected and declined ballots, but the party doesn't suspect any wrong-doing.

"Nothing regarding fraud. I wouldn't go that far. What we do have is that we have a candidate that worked very very hard for two years. [She] was getting a particularly good response at the door and thatbased upon what we were expecting it fell somewhat short," said Orle.

Orle says Langevin's campaign team didn't have scrutineers at every polling station.

The official vote count posted by Elections Manitoba showsLangevinreceived 2,895 votes andMalowayhad 2,996.

AlbertRattof the Manitoba Party came in a distant third with 581, and is also named in the court application for a recount.

The Liberal candidate, Kurt Berger, dropped out of the race after an assault charge years ago involving his former partner came to light.

• Liberal candidate Kurt Berger dumped after new information emerges from his ex

According to court documents, Langevin is seeking a recount under section 165 (2) of Manitoba's Elections Act.

Application by candidate or voter

165(2)If a recount is not required under subsection(1), any candidate or voter in the electoral division may for the sole purpose of declaring elected the candidate who obtained the most votes apply to the court for a recount.

Under the Act an automatic recount is only triggered "if the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than50."

Maloway has represented Elmwood for the NDP either as an Member of Parliament or Member of the Manitoba Legislative Assemblysince 1986.

Langevin's PC Party bio says she has worked for the last decade in communications for the government of Manitoba.

The application for the recount says it will be heard by a judge on May 2.