2008 Nunavut general election

A portion of the writ period occurred during the 2008 Canadian federal election. This is a rare occurrence as elections on the federal and provincial, territorial level in Canada are usually timed to avoid such occurrences.

The last example of a concurrent federal and provincial election was the 1979 BC election and the 1979 Federal election. The voting date for those two elections was only 12 days apart.

Sandy Kusugak, the chief electoral officer for Elections Nunavut, announced at a press conference on June 4, 2008 that Nunavut will begin voting on October 13, 2008 with special ballots being made available at returning officers. Provisions are also being established to allow paperless voting by radio and satellite phone from very remote locations. On October 20, 2008 Elections Nunavut will conduct mobile polling visiting the homes of elders and people confined to their homes by disability or house arrest. Absentee ballots for students and inmates living or incarcerated outside of the territory will be made available by registration beginning on September 22, 2008. Official advanced polling will take place on October 20, 2008.[5]

Prior to the election in the last sitting of the Assembly, members debated tightening up eligibility requirements for preventing persons convicted of criminal offences. The MLAs decided not to change any of the election regulations.[6]

A big pre-election issue in the capital city of Iqaluit developed over Inuksuk High School. The government has been debating whether to build a new high school or do a complete renovation on the existing building.[7]

In the district of South Baffin, there were no candidates who filed by nomination day. The original writs were returned to the Commissioner and reissued for a new election to be held on November 3, 2008. The lack of candidates on election day surprised the constituency, causing former incumbent Olayuk Akesuk to muse about coming out of retirement for another term if no one else wanted to step forward. Four new candidates came forward to file nomination papers by the new nomination deadline on October 3, 2008.

Former Member of Parliament and Nunavut MLA Jack Anawak attempted to file nomination papers to run for election in the electoral district of Akulliq. Chief Electoral Officer Sandy Kusugak ruled that Anawak was not eligible to run for office as he had a mailing address outside of Nunavut. Anawak took Elections Nunavut to court. The judge however ruled in favour of the decision by Kusugak that Anawak had not met the twelve month resident requirement, but under the Elections Act Kusugak was required to cancel the election.[13][14]

Although the judge ruled in favour of Kusugak's disqualification under the residency rule, Anawak's constitutional challenge was allowed to go ahead. Anawak had argued that the one-year residency rule was in violation of his charter rights. However, judge Johnson ruled that the rule did not discriminate against Anawak as an Inuk. The election was rescheduled for December 15, with nominations being open until November 14.[15][16]

All of the original candidates, with the exception of Anawak, refiled for the by-election, as did one new candidate, Helena Malliki.

In the initial results, former MLA John Ningark defeated incumbent MLA Steve Mapsalak by a margin of just two votes.[17] A judicial recount was conducted, but resulted in Ningark and Mapsalak each receiving exactly 157 votes, thus forcing a second by-election.[18] The revote was held on March 2, 2009, and Ningark won by a margin of 193 to 179 for Mapsalak.