What is the test for determining whether an election can be declared invalid if the number of irregular votes exceeds the plurality of votes cast?
Ontario, Canada
The following excerpt is from Cusimano v. Toronto (City), 2011 ONSC 7271 (CanLII):
The application judge relied on the decision of this court in O’Brien v. Hamel (1990), 73 O.R. (2d) 88 in simply applying an arithmetic formula. It is quite true that in that case, the court applied an arithmetic formula, saying, at p. 98, “The courts have consistently held that if the number of irregular votes exceeds the plurality of votes cast, the election cannot stand.”
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