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By Carolyn Sloan
Northern News Services
Published Saturday, January 10, 2009

NUNAVUT - Voters in the Akulliq riding are facing a third hurdle in electing an MLA.

The judicial recount of the Dec. 15 byelection resulted in a tie between candidates John Ningark from Kugaaruk and incumbent Steve Mapsalak from Repulse Bay with 157 votes each.

The judicial recount of the Dec. 15 byelection resulted in a tie between candidates John Ningark, left, from Kugaaruk and incumbent Steve Mapsalak from Repulse Bay with 157 votes each. - NNSL file photo

“When the assistant returning officer did the count in Kugaaruk, she had three rejected ballots,” said Elections Nunavut’s Leslie Dean. “Getting them back from the judge, on the judge’s decision, he accepted those ballots, so that’s why it kind of tied it up.”

In the initial vote, Ningark led by two votes over Mapsalak, who was running for a second term as MLA.

“When there’s a two per cent margin between the voting results and the candidates, by law, it automatically has to be recounted by a judge,” Dean said.

The tied result represents another delay for Akulliq voters, who were unable to vote in territorial general election on Oct. 27 due to a court case involving former MLA and MP Jack Anawak.

Anawak challenged Elections Nunavut’s decision to deny him standing as a candidate in Akulliq based on residency requirements in the Elections Act.

The former politician lost his case and four candidates, including Ningark and Mapsalak, as well as Helena Malliki and Marius Tungilik, stepped forward to run in the byelection.

While the delays may be frustrating, Ningark said he has respect for the democratic process.

“Personally, I think it’s unfortunate that we have to do another byelection here, but this is a reality,” he said. “I think we have to appreciate there is a democracy. We have to do the right thing.”

Ningark will be running again in the next byelection, though the date for the vote has yet to be determined.

“I hope the next time going’s to work out fine,” he said. “You've got to be decisive. You can’t really be pulling a name from a hat. That’s not democracy -- that’s lottery.

“Of course I’m going to be running again. Whatever the result, I’m in it to the end.”

The legislative assembly has also been waiting for the results of the Akulliq vote so that it can proceed with a second leadership forum to fill the remaining cabinet seat.

Prior to receiving the results of the recount, MLAs were scheduled to meet on Jan. 26. It has yet to be announced whether or not this process will be rescheduled.