Voters in Nunavut's Akulliq constituency will have to go to the polls again to pick their MLA, after a recount of ballots from a byelection last month showed a tie for first place.

The judicial recount, which took place Thursday afternoon, found John Ningark and incumbent Steve Mapsalak tied at 157 votes each.

Nunavut chief electoral officer Sandy Kusugak said that under Section 149 of the Nunavut Elections Act, "if a judicial recount results in a tie, that there will be a new election."

"Both John Ningark and Steve Mapsalak attained 157 votes. There's a complete tie, and this will require another election in the constituency of Akulliq," she said after Thursday's recount.

Initial results from the Dec. 15 byelection had Ningark leading Mapsalak by only two votes, triggering the judicial recount because the difference was by less than two per cent.

Court challenge cancelled original race

Kusugak said a date for the new byelection will be set shortly.

Voters in the Akulliq constituency didn't vote in the Oct. 27 Nunavut general election because a court challenge by former Nunavut politician Jack Anawak cancelled the race there.

Anawak, a former Nunavut MLA and member of Parliament, had wanted to run in Akulliq, but was deemed not to have met the residency requirements set out in the Elections Act.

He challenged that decision in court and lost in early November, about a week after the election.

Afterward, the Akulliq byelection was called for Dec. 15. Ningark and Mapsalak came forward as candidates, as well as Helena Malliki and Marius Tungilik.

"This is a democracy," Ningark said of the election delays.

"I think we have to really appreciate our freedom of liberty, and that's what it's all about, so I have no problem at all."

'We need a representative,' concerned incumbent says

But Mapsalak, who is trying to win a second term as MLA, said he is concerned with the delays.

"I really wanted this to be over with because we need a representative for this riding," he said.

"The legislative assembly is having their next sitting towards the end of this month, and I felt it was important for a member to represent Akulliq."

Both Mapsalak and Ningark said they will run again in the second byelection, which will also be open to any other qualified candidates.

Nunavut's legislative assembly had been holding one cabinet position open pending the results of Thursday's byelection recount.

MLAs were set to meet on Jan. 26, assuming a winner was confirmed in Akulliq, to vote on which MLA would fill the open cabinet seat.

There is no word to date on whether the cabinet selection process will be affected by the recount result.