Shoshone-Bannock Tribes Primary Election re-do June 26
FORT HALL — The Shoshone-Bannock Tribes re-do of the Primary Election is Friday, June 26 with in person voting at the five Fort Hall Reservation Districts where polling hours are from 9 a.m. to 8 p.m.
Voters will vote for four or less candidates.
Primary candidates include: Devon Dwayne Boyer; Luke Eagle; Wesley R. Edmo; Marina Fast Horse; Helena Rose Hall; Nancy Eschief-Murillo; Sherwin L. Racehorse; Darrell Shay; Marlene Skunkcap and Elma J. Thompson.
The winners will face off against the incumbents Kevin Callahan and Edison Darrell Dixey in the August 28 General Election.
The Tribal Election Board advises as of June 19 there are 1,225 registered voters. They encourage registered voters to exercise their right to vote in a safe way. Part of their safety plan is the TEB’s effort to protect the clerks, observers, officers and the voters.
Clerks and observers have orientation and safety training on June 25 at 1 p.m.
Tribal voters:
• No one with a fever, has respiratory symptoms, or feel they are sick will be allowed at the polling sites.
• No food or drink will be allowed in polling sites and areas
• Children will not be allowed in polling sites and areas
• Voters are encouraged to wear a mask to voting polls and throughout the voting process.
• Voters will practice social distancing keeping six feet from other will be required
• Entrance and exit to polling sites voters will enter through one door and exist out a separate door to prevent any close contact with other voters.
• Voters will place their proof of identification on the table or hold it out in front of clerks for check and approval.
• Hand sanitizers will be located at the entrance, sign-in table, and exit for voters to use.
• Restroom will not be available for voters or public use.
If need be, voters (handicap, disabled, and elders) can cast their vote in their vehicles, just honk and a clerk will bring the ballot out to the vehicle
District buildings
• Restrooms will not be available for voters or public use, only use for the board members, clerks, and observers.
• Restrooms will be adequately supplied with soap, water, and paper towels for proper hand washing for board members, clerks, and observers.
• Voting booths will be placed six feet from one another
• Board members, clerks, and observer tables will be six feet from one another.
• No food or drinks will be allowed at polling sites.
• Trash bags will be available to discard used face mask, gloves and other disposable items
Counting of Ballots (Tribal Council Chambers)
The public will not be allowed in the council chambers while ballots are being counted. Only the candidates (no family members) are allowed to witness the count.
•Everyone will wear face mask at all times during count of ballots and announcement of winners.
• Social distancing will be practiced, keeping six feet from others will be required.
• Frequent hand washing with soap and water for at least 20 seconds will be required, especially after using the restroom. If soap and water are not readily available, use of alcohol-based hand sanitizer that contains at least 60% alcohol can be used.
Resident tribal members 21 years of age can register at the polls and must bring a blue tribal identification card.
Wyoming Circuit Court rules on Herrera unoccupied lands case
By YVETTE TUELL
Office of Public Affairs
FORT HALL – On June 11, the Wyoming Circuit Court ruled the entire Big Horn National Forest is occupied and the Crow Tribe off-reservation treaty right to hunt in Wyoming is subject to Wyoming regulation.
Shoshone-Bannock Tribes attorney Bill Bacon has been closely following the case because of the potential implication to Shoshone-Bannock tribal members.
Bacon has been working with Kyle Gray, Clayvin Herrera’s attorney, on appealing the Wyoming circuit court ruling. At this time, Gray has not indicated whether she will appeal the recent Wyoming court ruling. If that ruling is appealed to the Wyoming district court, there is a chance that court could affirm the circuit court decision and the case could be back before the U.S. Supreme Court on those two issues. If that happens Bacon is prepared to file another amicus brief in the U.S. Supreme Court on behalf of the Shoshone-Bannock Tribes.
On May 20, 2019, the U.S. Supreme Court in Herrera v. Wyoming reversed the 1896 case of Ward v. Racehorse that held the Fort Bridger off reservation treaty right was extinguished upon Wyoming’s statehood. Although the Herrera case involved the Crow treaty, the two treaties have identical off reservation language. The Great Peace Commission negotiated both treaties in the summer of 1868. Bacon, attorney for the Shoshone-Bannock Tribes, successfully filed an amicus brief on behalf of the Tribes in the Supreme Court case. The Supreme Court also remanded back to the Wyoming state courts for findings on two issues. The first was whether where Herrera harvested his elk was “occupied” according to the treaty language. The second was whether the Crow Tribe’s off reservation treaty right is subject to state regulation under the doctrine of conservation necessity.
On June 11, the Wyoming circuit court held the entire Big Horn National Forest is occupied for purposes of the Crow off reservation treaty, and the Crow tribe off reservation treaty right is subject to state regulation. In other words, the Crow tribe must comply with state hunting laws when hunting off the reservation and they cannot hunt on National Forest land. Herrera has 30 days to appeal the Wyoming circuit court ruling.
The reason the Herrera case is important to the Shoshone-Bannock Tribes is the two treaties’ off reservation right language is identical. Although the Herrera case is limited to the Crow hunting, fishing and gathering in Wyoming, because the U.S. Supreme Court is the supreme law of the land, Idaho could assert any adverse Supreme Court ruling in Herrera is applicable to the Shoshone-Bannock Tribes’ off reservation treaty language in Idaho.
