Yellowknife (July 16/04) - The NDP alleges breaches of election law and intimidation of a scrutineer in its legal challenge to Ethel Blondin-Andrew's 52-vote margin over Dennis Bevington in the June 28 election.

In a sworn statement entered in support of an application to be heard in NWT Supreme Court today, Don Babey, Bevington's official agent, said there "appeared to be a pattern of inconsistency in the treatment of ballot boxes" in the Western Arctic riding.

Treatment of ballots a concern

"There were many opportunities for people to tamper with the ballot boxes," Babey said, and pointed to nine polls where "the treatment of ballots causes me the greatest concern."

Seals were broken on boxes returned from Fort Good Hope, Deline, Tulita, Trout Lake, and Rae; and ballots from Fort Simpson and Fort Resolution were returned in unsigned bags, Babey said. A judicial recount would give the NDP its first opportunity to examine 72 spoiled ballots. According to Elections Canada, the validated result awarded Ethel Blondin Andrew 5,313 votes; Dennis Bevington 5,261; Sean Mandeville 2,314 and Chris O'Brien 583.

Babey said that representatives from three parties refused to accept returning officer Lorraine Tremblay's validated results because there was no signed statement of vote from several polls, including two in Yellowknife, one in Hay River and another in Lutsel K'e.

"I believe a serious question exists as to whether the results validated by the returning officer actually reflect the true outcome of the election," Babey said.

Babey was also concerned that the ballots were left unsecured in Yellowknife last weekend, "despite the chief returning officer knowing an application for a judicial recount was likely."

"I happened to walk past the Elections Canada office twice within 15 minutes last Friday night," Babey said.

He could not see a security guard and said the ballot boxes appeared to be unattended.

In a separate sworn statement, Vanessa Worsley said that when she questioned a ballot that was counted for Blondin-Andrew, the polling clerk at Sir John Franklin high school told her to "be quiet" and "keep your mouth shut" and "not to go back to Dennis."

"I was afraid that if I said anything further, I would not be permitted to observe the rest of the vote counting," said Worsley, a registered nurse, who was observing the count for the NDP.

Sparked the exchange

The ballot that sparked the exchange was marked twice, she said, with an X for Blondin-Andrew and a diagonal line beside Bevington's name.

"I told the polling clerk that this ballot was clearly spoiled," Worsley said in her sworn statement.

The incident was not reported to the returning officer "because I was afraid of retribution," Worsley said, but did not elaborate.