Tribal board nullifies primary

By Heidi Bell Gease, Journal Staff Writer | Thursday, October 26, 2006

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The Oglala Sioux Tribe Election Board of Appeals has declared results from the Oct. 3 tribal primary null and void, saying that misprinted ballots and other problems tainted the election.

Board of appeals judges say the tribe should hold a new primary election. However, the tribal election board — which oversees elections — maintains that the primary results should stand, with the exception of Wakpamni District.

“I think there’s plenty of grounds for a new election,” said Francis Pumpkinseed, one of three judges on the election board of appeals. The others are Javan “Tony” Ten Fingers and Cornell Conroy. “As of today, that’s the standing order.”

Regardless, tribal election officials say there will be a tribal election Nov. 7. But whether it’s a primary or a general election remains undecided, officials said.

The tribal court of appeals issued its ruling Sunday after two days of testimony. Judges said the main problem in the primary election was a ballot misprint that told voters in at least seven reservation districts to vote for three candidates. Each of those districts has two representatives on the Oglala Sioux Tribal Council, and district voters should instead have been instructed to vote for two candidates.

Election board members Charlene Black Horse, Maretta Champagne and Sandra Bettelyoun said they didn’t receive the misprinted ballots from the Chadron, Neb., printer until the night before the primary. After spotting the mistake, the board posted signs at polling places and also had poll workers explain the misprint to individual voters. Most voters followed the verbal instructions and voted correctly.

However, some voters followed ballot instructions and voted for three candidates. The district representative portions of those ballots were not counted. However, votes for tribal president, vice president and tribal judges on those same “partially spoiled” ballots were counted, election board members said.

Appeals judges said the matter should have been handled differently.

“The OST (election) Board should have pushed the date back for the OST Primary Election because of misprint ballots,” the appeals court wrote in its decision, which accused the election board of “gross negligence.” “The people on the Pine Ridge Indian Reservation do deserve nothing but perfect ballots to cast their votes on.”

The ruling also noted that although tribal ordinance prohibits anyone with a felony conviction from running for or holding tribal office, no federal background checks were conducted on tribal candidates. Tribal and state background checks were completed and would reveal felonies committed off Pine Ridge Indian Reservation. However, most felonies committed on tribal land are prosecuted in federal court.

The tribal election board maintains that federal background checks are not required unless an eligible voter challenges a candidate’s eligibility. Candidates pay $25 for state and tribal background checks. They must pay an additional $26 for a federal background check.

Appeals judges also heard complaints about ballot boxes being unsecured on election night.

Meanwhile, the tribal election board claims that the board of appeals acted improperly by failing to individually address 12 specific challenges that were forwarded to them by the election board.

What the election board and appeals judges agree on is this: Wakpamni District voters will need to recast their votes in a new primary election. The outcome would have been different if the uncounted votes — those in which voters chose three candidates instead of two — had been included in the tally. Election board members say the results of the other district races would have been the same if the partially spoiled ballot votes had been included.

Election board judges are now hearing requests that they reconsider the order declaring the primary results void. The matter will go to the Oglala Sioux Tribal Council on Monday.

Appeals judges say their ruling is final. However, when the tribe’s 2002 primary results were contested, the tribal council allowed the election board to make a final decision. In that case, a new primary was held on the general election date, and the tribe held its general election two weeks later.

All tribal council members are candidates in this election, meaning some could benefit from a second primary. Every council seat, in addition to the positions of tribal president and vice president, comes up for re-election in even-numbered years.

“We knew when we came out with this decision that people were going to hate it or love it,” Pumpkinseed said. “We’re stuck in the middle. I guess we’ve got to do the best job we can.”

If the Oct. 3 primary results are allowed to stand, the following district candidates will be on the general ballot:

LaCreek District — Incumbent Craig Dillon and Kimmy Clausen each received enough votes to be automatically elected. Incumbent Gerald Bettelyoun was defeated in the primary.

Medicine Root District (two seats) — Incumbents Juanita Scherich and Austin Watkins would face challengers Cora Whiting and Archie Hopkins.

Wounded Knee District (two seats) — Incumbents Kathy Janis and Garfield Steele would face challengers Garfield Apple and Phillip Jumping Eagle.

White Clay District (two seats) — Incumbents Valerie Kills Small-Janis and Paul Little would face challengers Jason Little and Floyd Brings Plenty.

Pine Ridge District (three seats) — Incumbents Ella “John” Carlow and Lyle Jack would face challengers Don “Gummer” Garnier, Gerald “Jump” Big Crow, Carol Crazy Thunder O’Rourke and Garry Janis. Incumbent Will Peters made an unsuccessful bid for tribal president.

Eagle Nest District (two seats) — Jim Meeks received enough primary votes to be automatically elected. Incumbents Tom Poor Bear and Ruth Brown — who finished one vote apart in the primary — would vie for the second council seat.

Pass Creek District (one seat) — Incumbent Lydia Bear Killer would face challenger Ron Duke.

Porcupine District (two seats) — Incumbent Phillip Good Crow would face challengers Marlin “Moon” Weston, David Pourier and Wesley “Chuck” Jacobs. Incumbent Bernard White Face was defeated in the primary.

Wakpamni District (two seats) — Incumbent Tom Conroy would face challengers Sonia Little Hawk Weston, Sandy Two Lance and Ricky Grey Grass. Incumbent Walt Big Crow was defeated in the primary. However, the uncounted votes because of ballot misprints would have changed the outcome of this election.

In the general election, Tribal President Alex White Plume will face challenger and former president John Yellowbird Steele for the tribal leader’s position. William “Shorty” Brewer and Melanie Two Eagle will face off for vice president, and Steve Hawk and Joe American Horse will compete for the chief judge position.

White Plume could not be reached Wednesday for comment on the appeals court ruling.

As a result of the controversy surrounding the primary election, the Red Cloud High School Student Council canceled a presidential and vice presidential debate scheduled for Wednesday night.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com