New tribal election dates tentatively set; Primary June 26, General August 28
Voter registration drop box.
By LORI ANN EDMO
Sho-Ban News
FORT HALL — The Shoshone-Bannock Tribal Election Board has tentatively set a new Primary Election date for June 26 that would be in person voting but are awaiting the Fort Hall Business Council’s approval and they’re meeting on it June 11.
TEB secretary Angela Diaz said the board submitted a resolution for approval on June 5 and a memo June 10, however Bill Bacon, tribal attorney, said the FHBC is waiting on a written recommendation from the TEB rather than a resolution. The TEB set the General Election date for August 28.
The elections dates had to be rescheduled after Special Tribal Judge Peter McDermott ruled June 2 the mail-in Primary Election was void because the TEB illegally authorized signatures in different places and counted ballots that shouldn’t have been counted. The order said the election by mail was proper but the issue was ballots sent out to the voters gave instructions and to sign their name on the backside of the official ballot. In addition, if a registered voter has mail returned, the registration shall have their registration cancelled and removed from the voters list. The order said the TEB illegally allowed people to call the TEB secretary to obtain new addresses and mail out ballots.
Concerning voter registration, tribal members can register to vote at the Tribal Enrollment office or there is a locked box outside the east side of the Tribal Business Center with applications.
Judge McDermott issued the ruling because four Primary Election candidates Sherwin Racehorse, Marina Fast Horse, Nancy E. Murillo and Wesley Edmo filed a petition for judicial review in Tribal Court. They also questioned the constitutionality of the Primary Election vote by mail. (see the Judicial Review order page 4). The hearing was May 28.
Racehorse said in response to the ruling on the constitutionality vote by mail, “Every councilman takes an oath of office to support and uphold the U.S. and tribal Constitution and Bylaw. Our trial constitution Article 4 section 3 states ‘all elections shall be by secret ballot.’” Adding the Tribal Elections Act is created by this constitutional provision and only allows secret balloting at the district polls noting mail in ballots are not secret ballots. He believes any election conducted by mail in balloting is illegal and will be contested. He said in order to make it legal the constitution must be go through amendment by secretarial election. Why did the council send it’s tribal attorneys to fight a mere petition for judicial review instead of upholding their oath of office, he asks?
The TEB sent out a list of names of voters via tribal email June 10 who have to redo their voter registration because their mail was returned undeliverable (listed in classified ads page 7).
In addition, FHBC Chairman Tino Batt is resigning from the tribal council effective June 19 as he has accepted a position with the Tribal Health and Human Services Department. He said it will be up to the council if they elect a new chairman and they will have to appoint a council member to serve as a Ross Fork District representative until the General Election is conducted. According to the Tribes Constitution and Bylaws because Batt is resigning and reportedly withdrawing his candidacy from the General Election and the top four Primary Election winners will run against the two incumbents Kevin Callahan and Edison Darrell Dixey. Tribal Constitution Article 4, Section 4: …”provided the number of candidates thus qualifying shall be the same as the number of council seats to be selected in the general election, plus one additional candidate for each incumbent council member who has not filed for re-election.”
Marlene Skunkcap, who was a winner in the initial Primary Election said she is not happy that these certain Primary Candidates chose to take this route which only prolongs the election process. “I know some people opposed the mail-in ballot process but the Tribal Election Board felt at the time it was the safest way for the election to take place. During the ballot count on the night of the Primary Election, Wes Edmo, myself, Luke Eagle and Elma Thompson were in attendance. If these candidates were concerned about the election process, they could have been in attendance and caught the irregularities at that time and the issues may have been resolved.”
She expressed concern about council terms that will be shortened by three months. She also questioned about the current incumbents terms expiring in June and the legality of them staying on the council beyond two years. She added there is not much tribal members can do about the Court’s decision but can continue to expect elections to happen in a timely manner.
