MIAMI, Okla. – A federal criminal investigation of an Oklahoma tribe’s 2012 election is underway, potentially further dragging out a contested election.

In a letter to tribal citizens dated March 28, Seneca-Cayuga chief LeRoy Howard announced that the tribe’s June 2012 election is under investigation by the Federal Bureau of Investigation and the Bureau of Indian Affairs.

“I am deeply saddened by this crisis in constitutional government that (a) faction of our people are creating,” Howard wrote. “I am embarrassed at the attempts form (sic) an ‘alternative government’ and how this appears to our business and other partners outside the tribe. The instability created by these reckless actions could have dire effects on our government, our government businesses and services to our people.”

On March 25, Appellate Magistrate Tom Walker with the Eastern Oklahoma region’s Court of Indian Offenses overturned a decision from the court’s trial division and ruled that the tribe’s election commission must certify the results from the tribe’s June 2, 2012, election, seat the winners and post the vote tallies in accordance with the tribe’s election laws.

The election results were originally set aside after a challenge was filed over the notarization on a single absentee ballot, submitted by a tribal citizen who was in jail on the date on notarization oath. After verifying the notary had not administered the oath in jail, the commission chose to review the other seven ballots notarized by the same person and ultimately disallowed all 70 absentee ballots cast.

“Had the committee limited its inquiry to that set out by tribal law, only one ballot would have been invalidated,” Walker wrote. “This one vote would not have changed the outcome of any elections. An effort to challenge all aspects of the entire election is not supported in the record. Thus, the decision was not supported by any reasonable interpretation of the admissible evidence and therefore cannot stand.”

The election commission filed a motion Thursday to stay Walker’s order. The eight winners were sworn in March 25 in a ceremony Howard is contesting.

“Elected officials must be sworn-in at a place and time determined by the Business Committee following the official certification of the election results,” Howard wrote. “Since I do not currently have certification of the election results, I have not yet called a Business Committee meeting for such swearing in.”

The tribe, headquartered near Grove, Okla., has an enrollment of about 5,000 citizens and a separate election scheduled for June 1.