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February 16, 2023 - 6:00 PM
A Kelowna resident who came last in the Glenmore-Ellison Improvement District election will now get another shot at it after the B.C. Supreme Court ruled the election was invalid.
According to a Feb. 13 B.C. Supreme Court decision, the Glenmore-Ellison Improvement District had just shy of 1,000 eligible voters come out on election day in 2021, but the election itself had so many administrative issues, the Supreme Court has ordered another election.
B.C. Supreme Court Justice Briana Hardwick said there was "clearly" no intentional electoral tampering but the "innocent irregularities" had affected the result of the election.
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The Glenmore-Ellison Improvement District operates and oversees the control of its water supply.
Lee-Ann Tiede – who is also now the chair of the Central Okanagan school board — won the 2021 election with 287 votes.
Dairy and chicken farmer Robert Hrasko came in fourth and last with 200 votes and some time afterwards launched the legal challenge against Glenmore-Ellison Improvement District Returning Officers Dawn Williams and Garry Filafilo.
Justice Hardwick ruled that the irregularities were predominantly brought about by the challenges of the COVID-19 pandemic.
"I accept that they are innocent irregularities," the Justice said.
The Justice found the ballot box for the election was not sealed and absentee votes were mixed in with election day ballots.
The court found the Glenmore-Ellison Improvement District held the election more than 30 days after its annual general meeting, which breached the rules.
Returning officer Williams and the Deputy Returning Officer Filafilo were not sworn in properly.
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"Ms. Williams is clearly displeased by these proceedings and the suggestion that she did not correctly fulfil her obligations as the returning officer for the Election," the Justice said in the decision. "Her disdain was apparent on several occasions during cross-examination. There were also certain inconsistencies in Ms. Williams’ evidence.
"However, I conclude that this is clearly not a situation of intentional malfeasance or electoral tampering," Justice Hardwick said.
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