Five protests filed over Nov. 4 general election
Scott Csernyik
11/12/2003 12:00:00 AM
Five separate protests concerning the recent general election of the Saginaw Chippewa Indian Tribe of Michigan were slated to be heard Nov. 12 by Election Appeals Judge Vanya Hogen.
Decisions on the protests were not rendered before the Nov. 16 edition of the Tribal Observer went to press. Her rulings will be included in the following Dec. 1 issue. Results from the general election, as well as the District 1 primary election, are included in this coverage. The top 20 vote getters in the primary advanced to the Nov. 4 general election. The seats on Tribal Council for District 1 are determined by the top 10 vote getters in the general election. Districts 2 and 3 each have one seat on Tribal Council.
The five protests include:
-Delores Jackson, Tim Davis, Amanda George-Dye, Jeanette Leaureaux and Diana Quigno-Grundahl-all candidates-claimed "coercion through misappropriation of Tribal funds, misuse of authority and assets of the Tribe."
The protest alleges that Chief Maynard Kahgegab Jr. used a firm contracted to represent the Tribe and Tribal Council for himself exclusively. This included "re-election strategy, advertisement and printed material promoting himself or any others he chooses, for re-election."
"Capitol Campaign Strategies firm submitted a proposed contract with the Saginaw Chippewa Indian Tribe [on] Jan. 4, 2002," stated the protest. "A copy of the public relations plan, dated April 5, 2002, clearly intimates and artfully implies their �goal' is to make the Tribal Council, seated under this contractual plan, the most powerful and effective administration in the history of the Tribe and secure their re-election."
The protest further stated that "Kahgegab has used political gain to interfere with an election process, through a Tribally-contracted firm and paid for the by the Tribe."
The protest also included copies of literature mailed to the Tribal membership. One of the mailings included the wording, "Our future, your per caps are at risk!" Another mailing centered around the theme of "Stay the Course. Vote for Stability."
Jackson and Davis, both incumbents, were not among the top 10 vote getters in the general election, as well as Leaureaux and George-Dye. Incumbent Quigno-Grundahl-who received the most votes in the primary election-finished eighth in the general election voting. Kahgegab ended up being third in the Nov. 4 voting.
-Gerald McDonald-a candidate in the primary election who finished 36th-also claimed coercion because of the mailings he received.
"The letter states I must vote for the list of candidates Mr. Kahgegab has chosen or I will lose my per capita payments the day after the election if the individuals on the list don't make it on Tribal Council," stated McDonald in his protest. "The people on his list are not candidates I wanted to vote for, but I feel I had no choice, I am being coerced."
McDonald's protest included a copy of the mailing he received with eight names, including Kahgegab's, he should vote for. The mailing included the wording, "Will your per cap be there after election day? Not unless you vote for these candidates for Tribal Council."
-Terri Rueckert-who finished 28th in the primary election-filed a protest for both elections relating to an alleged failed drug screen for one of the candidates.
"I would like the Election Appeals Judge to request and review all the candidates drug screen results to see how many violations actually occurred," stated Rueckert in the protest.
Rueckert also stated she was privy to this information while the votes were being counted for the primary election. She also claimed a breach of confidentiality.
-Incumbent Steve Pego-who finished 21st in the primary election-originally filed his protest over the Oct. 14 election. He maintained the results should have been invalidated because the ballot contained the names of two persons who were either "ineligible candidate(s), or who had withdrawn from the ballot prior to the 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."
Wemigwans stated she withdrew from the primary race because she knew she moved out of District 1 and moved into District 3 prior to the primary election.
Sawmick's withdrawal letter was dated Oct. 3 and stated she was not going to be a candidate "for educational purposes."
"For those who signed my petition, I am grateful, but I feel that I would not be able to devote the attention I would feel is needed for this responsibility," stated Sawmick.
Hogen dismissed the protest on Oct. 20, ruling that there are no provisions in the Tribe's election ordinance to contest a primary election.
Even though Hogen ruled against the protest, she also stated 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."
Pego was appointed to Tribal Council on May 6. He also filed a request for a ballot recount for the primary election on the part of the Caucus Committee.
"Based upon the fact that the ballot of the primary election held on Oct. 14, 2003, contained the names of two candidates who were either ineligible or withdrawn, a material and substantial irregularity occurred in said election such that a recount of the ballots is justified and necessary pursuant to Ordinance No. 4, Section 20."
In their Oct. 31 decision, Tribal Clerk Darryl Jackson and Caucus Committee Chairperson Joseph Sowmick stated "this section does not allow the Caucus Committee to alter or remove ballots or to make determinations regarding the eligibility of the candidates after the election has been certified."
His request for a ballot recount was denied by a vote of the Caucus Committee in an Oct. 27 meeting.
Pego also sought relief on the matter in the Civil Division of the Saginaw Chippewa Tribal Court. The document, filed Oct. 27, asserted the "election appeals judge attempts to cut off his remedy in this court by proposing to hear his protest after the �general election' to be held Nov. 4, 2003. However, it is clear to plaintiff that no remedy will be granted...and in fact injuries to plaintiff will already have accrued."
Sean Reed, interim general counsel for the Tribe, argued in an Oct. 29 motion for dismissal that the court did lack "personal jurisdiction over the defendants and subject matter jurisdiction over this suit."
Besides the Tribe, plaintiff Pego listed Tribal Clerk Darryl Jackson, the Caucus Committee and Election Appeals Judge Hogen as defendants.
Chief Judge William Gregory stated in a Nov. 4 ruling that "it is the court's opinion that the failure to provide for a hearing for [the] primary elections is a gross violation of due process and equal protection."
He also ruled the decisions of the Election Appeals Judge are subject to judicial review.
-Brenda Champlin-a primary election candidate who finished 29th-also alleged Kahgegab imposed a personal campaign strategy on the Tribe's "expense that intimidates and threatens the members' per capita benefits to solicit, persuade or endeavor to persuade votes to re-elect himself and the current leadership."
"Had he not been allowed to intimidate or threaten me and the members with flyers and letters, I, and some candidates would have had a fair chance of obtaining more votes and a Tribal Council seat."