A Toronto council candidate who nearly defeated a longtime incumbent in 2010 will face trial this month on charges of voting illegally and providing “false or misleading information” to elections officials.

Gus Cusimano, who lost by 89 votes to Councillor Maria Augimeri, cast a vote for himself in Ward 9 (York Centre) although his home was in Ward 23. To get himself added to the Ward 9 voter list, Cusimano filled out a form saying he was a tenant at 951 Wilson Ave. — his campaign office.

Residents are allowed to run in a ward even if they don’t live there. But they can vote only in the ward where they live, according to the city and the province.

Cusimano, an insurance businessman who was strongly backed by Mayor Rob Ford, was charged by the city government in the summer of 2012 with two alleged breaches of the Municipal Elections Act. He faces a fine of up to $25,000.

The trial is scheduled for Oct. 28 at Old City Hall, said Lorne Honickman, his lawyer.

“Our position has been that Mr. Cusimano did nothing wrong and he will be vigorously defending the charges at his trial later this month,” Honickman said.

In 2011, when the city began questioning Cusimano’s vote, Honickman said, “He was leasing property in the ward and I believe that entitled him to vote there.”

Cusimano is one of only two Toronto residents charged with 2010 voting offences. The other is a Ward 9 man who says he intentionally voted twice for Cusimano to demonstrate flaws in the verification system.

The provincial government’s 2010 election guide said: “In a municipality with wards, if a voter resides in one ward but has other properties in different wards in the same municipality, he or she may only vote in the ward where he or she resides.”

Cusimano, who might run against Augimeri again in 2014, has been involved in three separate election-related legal battles since 2010. Ford helped raise money to cover his costs.

Augimeri is a Ford opponent who has represented the area since 1985. She declined to comment.

Cusimano appeared to win a major victory in 2011 when a judge ordered the Ward 9 results invalidated and a new vote called because of the failure of local election officials to sign 275 voter forms. But a three-judge Divisional Court panel overturned the decision later in the year — and said, in its own ruling, that there was “good reason” to believe Cusimano was not eligible to vote in Ward 9.

A city committee unanimously voted against prosecuting Cusimano for alleged campaign finance improprieties revealed by a forensic audit. The audit found that the dates on seven contribution cheques had been altered; Cusimano's lawyer said the alterations were likely made by a fundraiser for the campaign, who denied the charge.