The Peterborough, Ont., MP was convicted last Friday, but says there is fresh evidence that Elections Canada didn't turn over in time for the trial.
In a news release, Del Mastro says his lawyers will bring the application immediately.
Del Mastro was found guilty on three counts last week and is to be sentenced Nov. 21 in a Lindsay, Ont., court.
The MP is at risk of losing his seat because of a ban on sitting in the House or running for election for five years following a conviction on Election Act offences.
Del Mastro isn't in Ottawa this week because his wife gave birth over the weekend to their first child.Suggest a correction