Residents of Akwesasne may have to vote again in another general election.
After reviewing 14 appeals that were found to have merit, a local appeal board has chosen to set aside the results of last month’s general election for the Mohawk Council of Akwesasne (MCA).
But the decision by the Akwesasne Election Appeal Board (AEAB) could itself be overturned, if it is appealed within five days.
The MCA is the elected body for the Canadian portion of Akwesasne, which is located about 120 kilometres southeast of Ottawa and straddles the Ontario-Quebec border. It represents about 12,000 people.
Its general election happens every three years, with voters electing one grand chief and four district chiefs from each of the territory’s three districts.
According to the unofficial results of last month’s election, former district chief Edward Roundpoint was elected as grand chief by 30 votes.
Roundpoint told CBC at the time he was not engaging with the community or the media until the results were official.
Why were the results set aside?
The grand chief position opened up when Abram Benedict, who’d led the community for nine years, stepped down to focus on his new position as regional chief for the Chiefs of Ontario.
The appeal hearings were public and discussed a “range of subjects” that mainly involved “voter’s list issues and election process issues,” an MCA spokesperson wrote in an email to CBC.
For all 14 appeals, the AEAB cited Section 14(6) of Akwesasne Election Law, which states the board may set aside the election if it finds there was a “a violation of [the law] that in all likelihood affected the results of the election” or “corrupt or fradulent practice in relation to the election.”
In eight appeals, it also cited sections that pertain to adding individuals to the voter lists and their eligibility to vote.
For one appeal, the board cited a section stating that no one shall interfere with a voter’s ability to vote or learn how they have voted.
The board’s response to an appeal to overturn the election results in whole, meanwhile, cited several other sections of the law, including ones that:
- Pertain to the nomination of candidates.
- Pertain to the handling of ballots by the chief electoral officer and chief administrative officer.
- State the chief electoral officer should not add or delete names from the voters list within 48 hours of the election, and that the voters list should be available to all candidates.
Court decision will be final
If the AEAB’s decision to set aside the election results stands, Akwesasne residents will have to vote for a new grand chief and all 12 district chiefs.
However, if it’s appealed within five days, the situation will be turned over the the Akwesasne Mohawk Court. The court’s decision would be final.
The MCA spokesperson said the last successful appeal of an election was in 2009, when a single district had to have a new byelection.