Nate Erskine-Smith, a long-time Liberal MP, addresses the media in Toronto after losing his nomination bid on Saturday. Mr. Erskine-Smith was planning to make the leap into Ontario politics.Arlyn McAdorey/The Globe and Mail
Nate Erskine-Smith is challenging the results of last weekend’s Ontario Liberal nomination in Scarborough Southwest after losing the contest by 19 votes, according to a copy of the appeal viewed by The Globe and Mail.
Mr. Erskine-Smith, currently a federal Liberal MP, filed a notice of appeal to the party’s arbitration board on Tuesday morning, the copy showed. It says the results of the May 9 contest should be set aside based on “serious irregularities,” including allegations of inconsistencies about proof of identification.
“This is no longer about any individual candidacy. It is about the integrity of our democratic process. A full investigation is essential,” the appeal says.
The appeal also alleges that there were 34 extra ballots counted in the race when compared with the number of voters.
It also calls on the party to redo the nomination or appoint a candidate, but says that Mr. Erskine-Smith would not run again.
Nate Erskine-Smith loses Ontario Liberal nomination in Scarborough, denting leadership hopes
“To avoid any perception of self-interest, Mr. Erskine-Smith will remove himself from any future process or consideration in Scarborough Southwest if it means the party will investigate and take action,” it says.
Mr. Erskine-Smith’s team did not immediately comment on the appeal. The Ontario Liberal Party confirmed it received the appeal and said it has been referred to the party’s independent arbitration committee, chaired by former Ontario cabinet minister David Zimmer.
“I have complete confidence in the integrity of our party’s process and in the work of the arbitration committee,” said interim Ontario Liberal Leader John Fraser in a statement on Tuesday.
“The committee will review the appeal carefully, fairly, and swiftly, consistent with our rules and procedures.”
Mr. Erskine-Smith had hoped to make the leap to provincial politics as the candidate in a yet-to-be-called by-election in the east Toronto riding, before an expected run for leader of the Ontario Liberals.
His plan hit a snag on Saturday when he lost the nomination to Bangladeshi-born pizza store franchisee Ahsanul Hafiz, who is also the vice-chair of the federal Liberal Party in Ontario. Mr. Erskine-Smith has yet to say if he still plans to run for leader. But he also previously said he would quit federal politics as soon as Ontario Premier Doug Ford calls the by-election, expected some time this summer.
Mr. Erskine-Smith has represented the east Toronto riding of Beaches-East York since 2015.
Immediately after the vote, he said his team of scrutineers told him about “ID issues” in the voting room, and that they told him they had never seen anything like it, calling it “unreal.” He also claimed the Liberal Party establishment was working against him.
The appeal outlines the concerns raised by Mr. Erskine-Smith’s campaign team on the day of the vote.
It alleges that about 500 people who entered the voting room had issues providing proper identification. It says about a third of those people, numbering around 175, were deemed eligible to vote.
“Among hundreds of temporary residents who voted, many could not initially state their address when asked and defaulted to documentation,” it says.
The notice alleges that there were an unusually high number of people who claimed to have “just lost” their driver’s licence or who had “just moved” to the area. It says the party verified identification rules inconsistently, with signed and unsigned leases allowed as proof of address in a number of cases.
It also says digital report cards, Amazon orders and other non-standard forms of residency were approved in an ad hoc manner.
“One voter was allowed to vote with a visitor’s visa to Canada, a Bangladeshi passport for photo ID, and banking information,” the notice alleges.
It also claims that people were “explicitly directing others how to vote inside the voting booth,” and that “countless individuals” were taking pictures of their ballots.
The appeal calls on the party to amend its voter eligibility rules to limit participation to citizens and permanent residents and says Elections Ontario should manage nomination processes.
“In the end, we need change across Ontario and in our Ontario Liberal Party. We cannot effectively take on Ford’s Conservatives until we get our own house in order,” it says.
Mr. Fraser told reporters at Queen’s Park on Monday that the Ontario Liberals ran a fair and free nomination, with more than 50 people from the party working at the event. He said anyone who has concerns about the race should “prove it.”
“People say things in the heat of the moment, right? Because no one likes losing,” Mr. Fraser said.
Mr. Hafiz told reporters he hadn’t yet heard from Mr. Erskine-Smith about the nomination, and he’s focused on winning the by-election.
The riding has been held by the NDP for the past three elections, but the seat was vacated in February when former Ontario NDP deputy leader Doly Begum quit to run for the federal Liberals.
The Ontario Liberal Party will choose its new leader on Nov. 21.