Chief electoral officer launches legal action
Chief electoral officer launches legal action
The territory's acting chief electoral officer is taking nine Yukoners to court over "irregularities” at a school council election in Pelly Crossing this month, casting the validity of the results into doubt.
Brenda McCain-Armour requested a judicial hearing following a "highly charged atmosphere” May 5 at the Pelly polling station.
The democratic exercise resulted in a two-vote difference between the candidate who won the sixth — and final — council position and the candidate who came in seventh.
Two voters, however had each cast a second ballot on behalf of another person not physically present.
The two absentia votes were accepted "in good faith,” but under a "misapprehension” of election regulations, court documents state.
So far, Kevin Nelson and Rebecca Roberts have earned sixth and seventh places with 68 and 66 votes, respectively.
The council for Eliza Van Bibber School has six seats. Nine candidates ran in last week's election.
"On May 5, 2014, I became aware that there was a highly charged atmosphere at and around the polling station for the EVBS council election,” McCain-Armour states in her affidavit.
A concerned Pelly RCMP officer phoned her in Whitehorse.
"I was informed by Const. Weise and verily believe that there was yelling and screaming occurring either in or near the school where a candidate's spouse had yelled and screamed at a candidate, but the matter appeared to have resolved,” she says.
Rumours were also circulating about sticky notes being used as ballots, though the returning officer on site told McCain-Armour she had not seen any and "that the election had gone well,” the affidavit states.
The returning officer, Jean Van Bibber, added that she had accepted a vote from one individual one behalf of the person's spouse, as well as a second vote cast similarly.
The two people had filled out the "oath of a friend or relative” form to do so. That form, however, "was only for voters with problems marking their ballot in the polling booth,” court documents state.
"I think that if there was an irregularity, then it's about being transparent and open and fair,” McCain-Armour told the Star this week.
Van Bibber said she consulted regulations under the Education Act before allowing the voters to cast a ballot on behalf of another person.
Section 24 says an "elector who requires assistance to mark a ballot paper may request that a friend or relative mark the elector's ballot paper” and must take an oath to keep the choice secret.
"At all times, I was acting in good faith and to the best of my understanding of the election processes,” Van Bibber says.
"There was tension in and around the polling station on election day, and at one point, the RCMP attended,” she concedes in her affidavit.
The school's principal, John Duclos, declined to comment.
Eliza Van Bibber School has seen broader difficulties in the past with low student attendance and, several years ago, a virtual revolving door of principals.
In April 2011, the K-12 school was on its fifth principal in 18 months, according to then-regional superintendent Greg Storey.
About a year ago, the chief of the Selkirk First Nation demanded a meeting with Storey, by then the chief superintendent, over the school's principal being transferred out of their community.
The school council winners, ranked from most to least votes, were: Georgina Gill - 83; Chantelle Brown - 77; Lois Joe - 72; Travis Johnnie - 71; Kathy McDougall - 69; Kevin Nelson - 68.
All six are included in the Yukon Supreme Court petition and are slated to come before a judge Friday along with fellow candidates Rebecca Roberts, Teri-Lee Isaac and Mike Tuck — 66, 55 and 36 votes respectively.
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