BARTLESVILLE, Okla.  — A judge has denied a challenge to the Delaware Tribe of Indians’ election.

Citing constitutional concerns, Judge Charles Randall denied a complaint Thursday from Paula and Jenifer Pechonick that sought to block the previously scheduled inauguration ceremony scheduled for Saturday at the tribe’s annual membership meeting. 

“As simple reading…reveal no means whatsoever by which this court, or any other branch of government, may suspend, delay or cancel the General Council,” Randall wrote in his decision. “Put simply, the General Council is mandated by the constitution, no branch of government can prevent its occurrence. Such power rests exclusively with the Delaware people and cannot be created by any lesser body.”

The tribe’s current chief, Paula Pechonick finished second by 67 votes in the race for principal chief to the assistant chief, Chet Brooks. Jenifer Pechonick is a member of the Delaware Tribal Council. She finished sixth Saturday with the top three vote-getters earning council seats. None of the incumbents on Saturday’s ballot were re-elected, as Tribal Council members Verna Crawford and Janifer Brown finished fourth and fifth respectively in a seven candidate field. 

The two filed the challenge in part due to concerns about the vote tally listed on the official results. Despite more than 1,200 absentee ballot requests being postmarked by the published Oct. 1 deadline, only 724 total votes were cast, with most mailed in.

“Historically, we have a lot more mailed in,” Chief Paula Pechonick said. “I think there’s missing absentee ballots and that’s what really tears me up.” 

Attempts to reach Delaware Election Board chair Cy Hughes Thursday afternoon were unsuccessful. 

With their tribe’s court denying their appeal, the Pechonicks do not know for sure what, if anything, their next course of action is. They have reached out to the Bureau of Indian Affairs’ agency superintendent in Miami, Okla., about the Court of Indian Offenses possibly hearing the case on appeal but as of Thursday afternoon, do not know whether it will happen. 

Looking at other tribal election problems, we knew our remedies had to be exhausted before we go to another venue with our complaint and investigation request,” Jenifer Pechonick said. “This is all very new to us.”