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Hay River election called 'invalid'

Erika Sherk
Northern News Services

Yellowknife (Dec 18/06) - A Hay River resident is calling for a new municipal election to be held in his community, calling the Oct. 16 election "invalid."

In a new petition presented to Supreme court Friday, Wayne Keefe has requested a judge-order a new election for mayor and town councillors.

Keefe's original application requested only a judicial recount. He has since acquired a lawyer, crown counsel Paul Smith.

Smith presented the petition to Supreme Justice Louise Charbonneau.

The petition "deals more substantively with the election," said Smith, adding that further information had come to Keefe since he filed his original application.

The petition states that the election held in October "is invalid by reason of corrupt practices or offenses committed during the election."

Some concerns with the election process, according to an affidavit filed by Keefe state that "a direct family member of a mayoral candidate was counting ballots" and "physically handling ballots."

Keefe's application also states that "insufficient ballot boxes" resulted in one box being opened before voting was finished. A lack of directions on how to vote was listed as a reason as well, saying that it was unclear how many councillors one could vote for.

At the time of the original filing, Keefe said he had been made aware of issues related to the election, though declined to say how he had received this information.

"Ultimately, there will have to be a trial for this," said Smith. "The sooner the better, as the public interest is at stake here."

Charbonneau said she was happy to see Smith acting as Keefe's lawyer.

Keefe's first application had been very broad, she said, and she had been concerned that "things would get sidetracked."

Charbonneau asked Smith if he recommended the trial be held in Hay River.

It would be best, said Smith, for the public and those who could be affected by it, such as all election candidates - successful and unsuccessful.

Gail Cyr, NWT chief electoral officer, presented herself to the judge as a representative for Municipal and Community Affairs (MACA), and asked that MACA be kept up to date with everything relating to the case. Cyr declined to comment further, saying that it would be premature, since a new election has not been called at this point.

The court has ordered the trial be held in Hay River, but no date has been set.

Hay River mayor John Pollard declined to comment on the issue.