Election petition

Any voter or local authority may question the validity of an election or the eligibility of a candidate to sit on the local authority by petitioning to the Supreme Court of the Northwest Territories, on any of the following grounds:

• The election is invalid due to major election offences committed at the election;
• A member of the local authority was not eligible to be a candidate on the day of the election;
• A member was elected in violation of the Local Authorities Elections Act;
• A member has become disqualified from serving on the council; or
• A person was appointed when not eligible to be a candidate.

The petitioner has two months from Election Day to petition the court, except if challenging the qualification of a member to remain on the local authority, which can be done at any time during the member's term of office.

The petitioner is responsible for serving a copy of the election petition on all respondents within ten days of filing the petition.  Any election officer may be required to respond to the petition by appearing before the Judge.

At the conclusion of the trial, the Judge will declare:

• Who was elected;
• If a member is disqualified from office;
• If the election is valid;
• If a new election is required; or
• If major election offences were committed, what was done, who committed the actions and, did any candidates know about the actions and consent to them.