Island election invalid – again

More than five months after the Mohawk Council of Akwesasne held it’s normal general election, one district remains without any district chiefs. For the second time since June, the results of the Kawehno:ke district election have been declared invalid as a result of appeals filed.

Responding to appeals filed after the regular June 27, 2009 election, the Akwesasne Mohawk Court called for a by-election and stated that the June nominations were to stand and no new nominations allowed.

Following the outcome of the November 7, 2009 by-election, in which the same four individuals received the majority of votes, two appeals were filed.

On November 26, 2009 the Akwesasne Election Appeal Board released their decision that the November 7, 2009 by-election were also null and void and that a new by-election will need to be held. Their decision is based on the previous court order that no new nominations be accepted. The AEAB ruled that the Nov. 7 by-election did not follow the nomination process set forth in the Akwesasne Election Law.

Nona Benedict, one of the individuals who filed an appeal, said she was satisfied with the ruling “to a degree.”

“The appeal board concentrated on the nomination section,” she said. “There were other violations within the Election Law that were brought up in both appeals and not addressed. The main outcome I’m happy with, they acknowledged that the Election Law was not followed and even better was the recommendation that a Judicial Review take place.”

In the AEAB’s decision, they requested that the court administrator conduct a judicial review of the Akwesasne Mohawk Court order to hold a by-election without new nominations.

Benedict, who was a Kawehno:ke nominee but was not one of the top four vote-getters, said that some people might be blaming the “sore losers” for the hassle of having to vote again.

“I guess they aren’t familiar with the Election Law,” she said. “I look at the process and appeals as a positive thing. At least some people care that the law should be followed, at least there is a method for correction if something is not done properly.”

Benedict added that she believes the reason there are always appeals filed is because the election law is flawed and was a “hurry up and put something in place” law.

“However, the real negatives that occurred from these past Kawehno:ke elections, I’m speaking of the June election, was that these District Chiefs were put in place before the whole appeal process was completed,” she said.

The four individuals who were voted in at both the regular general election and the by-election were Abram Benedict, Wesley Benedict, Cheryl Jacobs and Brian David.

No new date has been set for the next by-election.