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Election results challenged
Whati, Gameti and Ndilo candidates concerned about results

Kassina Ryder
Northern News Services
Published Monday, June 17, 2013

NORTHWEST TERRITORIES
Three candidates for chief in different communities say they could challenge the results of last week's elections.

Elections for chief and council were held in all Tlicho communities on June 10 and in Ndilo on June 11.

Albert Nitsiza ran for chief in Whati, but lost to incumbent Alfonz Nitsiza by 10 votes. Albert said he is concerned that ineligible voters from out of town were included in the election.

"I'm not getting mad, but I want to straighten this out on the proxy vote," he said. "I wasn't sad about it because it was really close, only 10 votes, but I don't know what happened."

Albert said he asked for a recount, but when he arrived at the hamlet office on June 11, he was told he had not shown up at the right time and a recount would no longer be held.

Senior administrative officer Larry Baran was the community's returning officer during the election. He said while a recount was not required because there was a 10-vote difference, he told Alfred they would recount the votes, but Alfred did not arrive at the expected time.

As a result, Baran said he decided to forego the recount.

Baran said while he would have done a recount as a courtesy to Alfred, as returning officer, he did not believe it was necessary.

"I was confident with the count," Baran said.

Recounts are automatically performed in elections where a candidate loses by four votes or less, said David Kravitz, the territory's chief municipal elections officer. Returning officers can decide to hold a recount if they believe it is required.

"A candidate can request a recount regardless of the vote and, at the discretion of the returning officer, an administrative recount can take place," Kravitz said. "If a candidate still has concerns, they can petition a judge for a judicial recount."

Albert said he does not yet know what his next step will be.

"I gotta have money to find a lawyer," he said. "I don't know who to turn to now."

If a resident is not in a community during an election, they can vote by proxy, said Kravitz. The individual who is absent is called an applicant and the person voting on their behalf is the proxy voter.

The applicant must fill out a form, known as a proxy certificate, which states the person they have chosen to vote on their behalf. The form is provided to the returning officer. The proxy voter then fills out a declaration of proxy voter on the day of the election and provides it to the election officer, Kravitz said. If they are an eligible voter, that person can then cast a vote on another person's behalf.

Kravitz said in Tlicho communities, eligible voters must have lived in the community in which the election is being held for at least six months and in the Tlicho region for at least 24 months.

Albert said it's the proof of residency rules that have him worried. He said he believes some applicants who voted by proxy have lived outside of the community too long to be eligible voters in the community.

"That's why I want a recount," he said. "Some family are living out of Whati for more than two years."

In Gameti, Edward Chocolate, the incumbent chief, lost to David Wedawin by one vote. Chocolate received 81 votes and Wedawin had 82. Returning officer Irene Mantla said election officials recounted the votes three times.

Chocolate told News/North he had contacted a lawyer, but said he did not want to comment on the election at this time.

Newly-elected Ndilo chief, Ernest Betsina, also won by only one vote against Shirley Tsetta. Tsetta said she plans to appeal the decision.

Kravitz said candidates can also file an election petition to the NWT Supreme Court, asking that another election to be held.

"If (Chocolate) wants the election to be overturned, he has to petition the Supreme Court to take a look at his complaint and let a judge determine whether or not there were significant factors in the election that would put the election into doubt," he said.

Kravitz said for example, some past elections in the territory have been overturned due to people casting votes after the voting deadline or when individuals who were not election officials were counting votes.

"There are a number of different grounds that could be used," he said.

Two other Tlicho communities also held elections on June 10.

In Behchoko, incumbent Clifford Daniels was elected with 543 votes against George Mackenzie with 309 votes.

Johnny Arrowmaker, who received 31 votes, defeated Wekweeti's Charlie Football. Football received 20 votes and Joseph Dryneck received 15.

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