Man's vote from jail was invalid in Yukon election tie, lawyer tells Supreme Court

Tie vote case from jail

The lawyer for the incumbent who lost her seat in the Yukon legislature in a tie vote says "carelessness" in the authorization of one voter who was incarcerated means the election was not held in good faith.

James Tucker, a lawyer for former Liberal cabinet minister Pauline Frost, told the Supreme Court of Yukon today that failure to follow the territory's election act produced results that did not reflect the will of legitimate voters.

Frost tied in the riding of Vuntut Gwitchin with New Democrat Annie Blake, who was declared the winner after the drawing of lots, which set off the court challenge by the Liberals alleging two people were ineligible to vote in the riding.

Tucker told the court the imprisoned man indicated to an election officer that he wanted to vote in his home riding of Vuntut Gwitchin, and he was allowed to cast the ballot without the required residency verification.

Lawyers for Blake and Yukon's chief electoral officer are expected to address the court later in the two-day hearing.

The election results left Premier Sandy Silver's Liberals tied with the Yukon Party at eight seats each, but Silver worked out an agreement with the three elected NDP members that allowed him to form a minority government.

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