What is the current state of the law on automatic tabulating of ballots with defects in their face?
British Columbia, Canada
The following excerpt is from Dhaliwal v. Comis and Spitz, 2005 BCPC 589 (CanLII):
After reading the literature provided by the parties, it would appear that the process outlined in the Sharma v. Silver case is a sensible approach. As I understand the information provided, and I have to say I read it quickly due to time constraints, once the ballots with defects on their face are removed, the automatic tabulating machines are very accurate. It is an expensive and time consuming process to count these votes manually, and the major concern would appear to be the situation where the machine misreads voter intention.
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