Protest dismissed

Observer Staff

11/12/2003 12:00:00 AM

A protest filed by one of the District 1 candidates who did not advance to the general election was dismissed on Oct. 20 after an appeals judge ruled there are no provisions in the Saginaw Chippewa Tribe's election ordinance to contest a primary election.

"The requirements for protesting an election of the Saginaw Chippewa Tribe are set forth in the Ordinance and are very specific," stated Election Appeals Judge Vanya Hogen. "Section 21(b) of the Ordinance provides that only regular elections or special elections (as defined in Section 2 of the Ordinance) may be protested. The Ordinance contains no provision for protesting a primary election."

The protest, filed on Oct. 17 by incumbent Steve Pego, maintained the Oct. 14 primary election results should be invalidated because the ballot contained the names of two persons who were "either ineligible candidate(s), or who had withdrawn from ballot prior to the election."

Pego garnered 134 votes in the primary election-only four votes shy of receiving the number of required votes for either a tie or inclusion in the 20 candidates eligible for the Nov. 4 general election.

Jacqueline Wemigwans and Kimberly Sue Sawmick withdrew from the election, even though their names still appeared on the ballot. Wemigwans notched 23 votes and Sawmick 45.

"The names of the two candidates described above should not have been on the ballot for the regular, primary election of Oct. 14, 2003, and that sufficient time was available for these names to be removed from said ballot before its presentation to voters on Oct. 14, 2003," stated Pego's protest.

Even though Hogen ruled against the protest, she also stated that the dismissal of the protest "shall in no way bar Mr. Pego from re-filing his protest after the general election on Nov. 4, 2003."

"At that time, the undersigned will have the opportunity to hear more fully from Mr. Pego and from the relevant election officials. If invalidation of the general election is warranted by Mr. Pego's protest (or by any other protests that are timely and properly filed), the election judge is clearly empowered to invalidate the election," Hogen also stated in her ruling.