In stunning decision, Gwich’in board voids grand chief result

The Gwich’in Tribal Council’s board of directors has wiped out the result of last month’s grand chief election and ordered that a fresh election be held.

In an extraordinary move, the board’s directors rejected the recommendation of an elections committee that had found no significant fault with August’s election, which provisionally declared Frederick Blake Jr the victor over incumbent Ken Kyikavichik.

The committee said allegations related to a lawsuit, social media posts and “bullying” of the electorate by Blake’s campaign and its associates were unfounded, and allegations Blake had broken a $10,000 spending limit could not be proven.

The GTC board decided three of the four allegations had merit.

In only one area – whether Blake’s team had placed campaign signs on people’s property without permission – did the board agree with the elections committee that not enough evidence existed.

The board, rejecting other conclusions reached by the elections committee, said:

• a lawsuit alleging “oppressive conduct” at the GTC, filed by the Gwichya Gwich’in Council – a component of the GTC, representing the people of Tsiigehtchic – had been timed “with the intention to influence voters” and was associated with members of Blake’s campaign, even though the lawsuit itself was not about the election;
• social media posts “intended to harm or lower the reputation” of Kyikavichik had been posted by people associated with Blake’s campaign; and
• Blake had provided receipts too late for analysis of his campaign spending to take place, leading to “an inability to determine in a timely and concrete manner whether or not the spending limit was exceeded,” which the board said created an “inequitable circumstance amongst candidates.”

The elections committee’s report could not have reached more contrasting conclusions.

The committee – the make-up of which was not specified, though the report was signed by chief returning officer Arlene Hansen – spent most of its seven-page summary saying the allegations were basically the nature of campaigning, and while some of it might not have been pleasant, little to none of it formed the basis of a complaint that merited throwing out an election result.

“The Elections Committee has concluded that the complaint brought forward by Mr Kyikavichik is unfounded,” the report stated.

Kyikavichik was criticized in the committee’s report for failing to report his concerns about some social media posts until after election day, meaning officials could do little to address the issue while it was happening.

“There probably was some influence from the social media posts but the point of a campaign is to sway voters to your side,” the committee wrote.

“Everyone has the right to their own opinions, and to be able to express their views for and against either candidate. This can include taking issue with the track record of the incumbent.

“In an election, criticism of a candidate is a legitimate form of campaigning.”

The committee even questioned the characterization of Kyikavichik’s concerns as an appeal.

“The decision rendered by Gwich’in voters on election day is not a decision that is subject to appeal. The democratic choice of the electorate should not be disturbed unless there is evidence of election violations that are sufficiently serious to disqualify a candidate or require a re-election,” the committee stated.

“Mr Kyikavichik may be dissatisfied with the outcome of the election, and there may be changes or improvements to be made in the election law concerning election expenses. Those are matters that need not be resolved in this report.

“The recommendation of the Elections Committee is that the complaint be dismissed.”

In the committee report, both candidates come in for criticism.

The report and supporting documents show Blake taking considerable time to respond to requests for information and receipts that were needed to address the concern that he may have broken the $10,000 spending limit.

The board notes this in its decision, stating that even though Blake did eventually provide receipts, he did not do so before the appointed deadline and the receipts were therefore not considered.

At one point, the board appears to criticize the Blake campaign for failing to prove a negative.

“There was no evidence that other campaign expenditures were not incurred by the candidate,” the decision states.

‘Disappointed it has come to this’

Ultimately, the board concluded it had found violations “sufficient to call the results of the August 19, 2024 election for Grand Chief of the Gwich’in Tribal Council into question and therefore hereby calls a new election to be held as soon as possible.”

“I have mixed feelings about the decision,” Kyikavichik told Cabin Radio in an emailed statement after the board’s verdict had been made public.

“Of course, I’m pleased that my concerns were considered. I had no choice but to launch an appeal of the 2024 election based upon some of the actions and comments that I feel were libel and intimidation by my opponents team during the campaign as outlined in the GTC Elections Policy,” he wrote.

“There was also concerns about Mr Blake’s campaign spending. We both received strict guidance on August 7 from the Chief Returning Officer on a $10,000 limit on our campaign expenses and the potential ramifications of exceeding this limit. To see this not fully adhered to nor properly disclosed by my opponent was disappointing and raises other concerns and questions.”

Kyikavichik said he was “disappointed, however, that this has come to this.”

More: Read the GTC board’s decision

More: Read the elections committee’s report

The GTC board said no action has been taken to remove Blake from the rerun, meaning both he and Kyikavichik can put their names forward again.

Neither has yet publicly stated they will do so, nor has any information been provided about when a new election may be held. The tribal council’s board is next scheduled to meet in Inuvik on October 2 and 3, which looks to be the earliest meeting at which an election rerun date could be decided.

The board will also have to find someone prepared to run it.