What is the test for an appeal against a majority of invalid ballots?
New Brunswick, Canada
The following excerpt is from Ogden v. Lowe, 2019 NBQB 184 (CanLII):
Justice Mignault said in Bennett v. Shaw at page 255: "The result is that the appellant [Bennett], although a considerable majority of those who marked the disputed ballots evidenced an intention to vote for him, loses the election as well as the appeal he has entered against the election court. At this late date, it is strange that citizens of this country should not be familiar with the manner of voting. And however regrettable it may be that the will of the majority should not prevail, still that will must be expressed in the required manner. Otherwise it is of no effect."
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