The Rhino party has taken the first step to getting admitted into the reindeer games that are the 2004 election in the Yukon.

Big Ben Mahony was to be the only Rhino candidate in Canada in this federal election but was left off the Yukon ballot because he could not find a chartered accountant to be his auditor. He applied in court Wednesday for indigent status.

Indigent status would mean Mahony would not have to pay any fees to file the legal action he and his campaign manager, Brian Godzilla Salmi, planned to register because he does not make enough money to afford it.

During Wednesday's hearing, Mahony informed Yukon Supreme Court Justice Ron Veale that he makes $120 a month.

Given the income Mahony said he earns off of being a musician, Veale granted the status.

'I don't believe it's possible for you to make the necessary fees,' the judge said.

Mahony is filing a challenge that the requirement by Elections Canada that all candidates must obtain the services of an auditor to become a candidate in a federal vote violates the Canadian Charter of Rights and Freedoms.

Salmi has recently said the Charter ensures all Canadians have the right to vote and run in federal elections. The duo believes the accountant requirement denies that right.

While in court yesterday, Veale suggested that as he pursues this challenge, Mahony should consult with a lawyer before proceeding. The judge said it never hurts to have a lawyer on one's team.

While Mahony cannot afford a lawyer, Veale said there may be some attorneys in Whitehorse willing to take on the case for free.

As the proceeding ended and Mahony went off to file his court actions, Veale also gave him a word of warning.

'Time is of the essence,' said the judge.

The election will be held June 28. The Charter challenge cannot be dealt with in that time.

As part of their court proceedings, the pair wants the court to stop the current election in the Yukon and have the court order another election as it sees fit. As well, any ballots that have already been cast would be destroyed, if the court agrees with the pair's wishes.

The Rhinos want to see that in any future election, Mahony will be allowed 'to exercise his constitutionally protected right to stand for office in this country' by Elections Canada appointing an auditor for him, according to the legal documents.

Mahony's challenge of the federal election process would have come to an end Wednesday if Veale had rejected his request for indigent status.

He said that would have done something similar to him that the accountant's provision did to him in applying to run in the election.

The pair applied to have their request to get the election stopped heard this Monday, which is when the proceeding will take place.

Salmi, who has dealt with similar instances in British Columbia, expects the court will render a decision on whether the election will go ahead within two days of the hearing.

Salmi added it's not a coincidence he and Mahony asked for the proceeding to take place on summer solstice, the longest day of the year.

'We are calling upon the powers of the sun to destroy the forces of darkness and evil who are trying to impede democracy and continue de-mock-racy,' Salmi said.

As for Veale's suggestion they obtain the assistance of a lawyer, Salmi said: 'If somebody wants to step forward and do so, we are happy to communicate (with them).'

The notice of motion filed about the pair's request to get the election stopped also makes one more request:

'An order for the Chief Electoral Officer to surrender five flats (twenty six packs, 120 bottles) of Arctic Red beer and five flats (twenty six packs, 120 bottles) of Yukon Gold beer to the applicant (Mahony).'

Salmi said the pair would be willing to settle out of court on the beer request for 10 cases of Chilkoot lager.