Yellowknife (Sep 26/03) - It feels like deja vu all over again for the newly-elected Gwich'in administration.

After last year's election was postponed, an appeal was lodged against the way this year's election was held.

Richard Nerysoo, Inuvik Native Band chief-elect delivered the message that he and the elected council would not be sworn in until the election committee deals with an appeal lodged by Melba Mitchell. - Terry Halifax/NNSL photo

Melba Mitchell, a councillor for the Inuvik Native Band, has accused the committee of seven counts of wrongdoing, including: unfair election practices, voting irregularities, manipulation and prejudice.

Monday afternoon, about 50 people gathered at the Alex Moses Greenland Building for what was supposed to be a swearing-in ceremony for the new chief and council.

Chief-elect Richard Nerysoo told the crowd there would be no ceremony.

"There was an appeal submitted to the elections committee on Friday," Nerysoo told the crowd.

Under Appendix H of the new election code for the Inuvik Native Band, "Any elector or candidate may appeal the results of the elections held on election day if he/she believes that an electoral offence had been committed."

Obviously frustrated, Nerysoo conceded that the appeal would be given due process under the code.

"The reality is, that we have to complete this exercise," he said. "It's a double-edged sword and it's there for a reason."

Nerysoo said there could be legal charges arising from the incident if Mitchell's allegations are proven true and if not, defamation charges against Mitchell.

Nerysoo defeated Chief James Firth by seven votes in the election.

Mitchell, who was elected to the Inuvik Native Band Council, but lost the Nihtat Gwich'in seat by 27 votes, alleges that:

• Candidate Debra English did not withdraw her candidacy in time and that people still voted for her.
• A member of the election committee and the deputy returning officer unlocked the case holding the ballots and put together a mail-in package.
• A member of the election committee took a ballot to a shut-in person's home.
• A discrepancy in the eligible voter's list.
• Improper conduct and manipulation by the polling station interpreter.
• Some voters were mailed ballots and some were not.

Bad blood

Mitchell called the election "illegal and potentially fraudulent," and asks that the election and its results be ruled invalid.

"I'm not going to sit back after the fact and say, 'Oh I wish I would have done that,'" Mitchell said.

Councillor-elect Denise Moore-Kruszewski voiced her frustration to the process.

"Somehow this doesn't surprise me," said councillor-elect Denise Moore-Kruszewski.

"This is just an indication of what we're going to have to deal with from this existing council."

Ruth Goose, who was elected to both councils said they should assume their posts.

The Gwich'in election was to be held last year, but was postponed, when the returning officer resigned just prior to the election, citing harassment and interference from the administration.

The election committee and the band's legal council will review the complaint and make a ruling within 28 days of the election date.

In the interim, Firth and the outgoing council will manage the day-to-day operations of the office.