Coin-toss election win in P.E.I. election tie may be appealed to higher court

P.E.I. provincial election candidate Mary Ellen McInnis still has one avenue of appeal left to her after losing a recount on a coin toss Tuesday.

McInnis, the Progressive Conservative candidate, lost to Liberal Alan McIsaac on election night, May 4, by two votes. A judicial recount Tuesday resulted in a tie. Under provincial legislation, ties are settled by a coin toss.

• Liberal Alan McIsaac wins seat in coin toss after recount tie

The Elections Act on P.E.I. allows for only one judicial recount, but McInnis can still appeal to the province's Supreme Court under the Controverted Elections Act.

McInnis told CBC News she is still considering whether she wants to do that.

"I'm not sure. We'll talk to our legal people and go from there," she said.

"We're not sure where we're going yet, and it may not be anything at all. We just need a day to talk."

McInnis was present for the recount, and said there were a few ballots that were questionable and the judge allowed them to be counted.