A Quebec Liberal Party candidate who lost her seat following a judicial recount is accusing a judge of unfairly rejecting ballots.
Affine Lwalalika wrote on social media to question the court’s decision to award the Vachon riding to the Parti Québécois’s Stephan Fogaing.
Lwalalika claims in her post that several ballots deemed valid on election night were rejected during the recount because one or more pencil marks were either very faint or appeared outside the designated circle even if the circle also contained a checkmark.
The Liberal candidate had won the seat by 10 votes on election night, but that decision was overturned following the recount requested by the PQ.
Fogaing was declared the winner last week by a margin of three votes.
The PQ formed a minority government on election night, winning 59 of the 127 seats at the legislature.
The party welcomed the addition of a 60th elected representative.
The Liberal Party said last week that it was challenging the judge’s invalidation of certain ballots during the recount.
“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 invalidate a clearly expressed vote? That is what we will be bringing before the courts,” Lwalalika wrote.
She added that “the intent of these voters was unequivocal and that these ballots should be declared valid following a new judicial review.”
In an email sent to The Canadian Press, Élections Québec noted that the Election Act does not provide for an appeal process to overturn the result of a judicial recount.
However, it adds that the law allows for a challenge on two grounds: either that the election or the related proclamation is irregular, or that a fraudulent electoral maneuver was carried out.
In either case, “the facts alleged must be such as to have changed or significantly affected the outcome of the election,” the statement clarifies.
The challenge must be filed with the Court of Quebec and heard by three judges within at least 10 days after each party has been notified. The judgment is then rendered by a majority of the judges, according to Élections Québec.
The court could rule that the election is void, that the member whose election is contested is duly elected, or that another person has been elected.
If the election is declared void, another election must be held. However, if the court decides that one of the candidates is elected, the result is forwarded to the legislature’s secretary general so that the elected candidate may be sworn in.
This report by The Canadian Press was first published Oct. 26, 2026.
By Patrice Bergeron | Copyright 2026, The Canadian Press. All rights reserved.