With the distribution of tardy and incorrect ballots, no confirmation of BIA observers during the ballot counting, and registration issues for more than 3,000 voters, many within the tribe are now questioning the legitimacy of the Oct. 8 primary.


CONCHO, Okla. – With Janice Prairie Chief-Boswell and Leslie Wandrie-Harjo both claiming to be the Cheyenne and Arapaho Tribes’ legitimate governor, each side’s election commission distributed ballots and welcomed voters to polling places across western Oklahoma on Oct. 8.

According to results released Oct. 10 by the election commission affiliated with the Prairie Chief-Boswell administration, Eddie Hamilton and Cornell Sankey will face Roberta Hamilton and Jerry Levi in a Nov. 5 general election. Similar to federal elections, candidates for the tribes’ governor and lieutenant governor file and run together.

Eddie Hamilton and Sankey received 402 votes, or 38.21 percent of the ballots cast. The Roberta Hamilton/Levi ticket received 376 votes, or 35.31 percent of the ballots cast. Prairie Chief-Boswell and her running mate, Connie Yellowman-Hart, finished third with 267 votes cast.

Thanks to the ongoing leadership dispute, the Bureau of Indian Affairs agreed earlier this year to provide technical assistance to the tribes’ election commission. However, the BIA did not disclose prior to election day which side it would monitor or whether it would still be able to monitor ballot counting due to the federal government shutdown.

An employee with the Prairie Chief-Boswell administration-affiliated election commission confirmed that BIA law enforcement was near the tribes’ complex on election day, but did not know whether any monitors were present during ballot counting on Oct. 8. Calls and emails to BIA spokeswoman Nedra Darling were not returned as of press time.

With voters receiving absentee ballots as late as Saturday and many without the correct legislative election listed, four separate challenges to Tuesday’s results have been filed with the Boswell-affiliated election commission.  Under the tribes’ constitution, any enrolled Cheyenne and Arapaho citizen can file an election challenge. Due to the high number of voters receiving incorrect ballots, results from the legislative races have not been released.

As of Friday morning, the Prairie Chief-Boswell commission was still developing a timeline for a potential separate election for three of the four pending legislative elections.  The fourth race, for the seat from Cheyenne District No. 4, only drew one candidate, Kyle Orange.

Requests for comment were referred to the election commission’s attorney, Michele Cecilia. When reached Friday morning, Cecilia deferred commenting until after meeting with her clients. Emails and subsequent phone calls were not returned.

The third-party contractor used by the Prairie Chief-Boswell administration’s election commission, True Ballot, also did not return calls and emails seeking comment. Based out of the Washington, D.C., area, the company was used in this summer’s Cherokee Nation Tribal Council elections, as well as the 2010 and 2012 Osage Nation elections.

The election conducted by the Prairie Chief-Boswell affiliated commission also withstood a tribal Supreme Court challenge. Former governor and current gubernatorial candidate Darrell Flyingman and his running mate, Adrianna “Dee” Harris, who were removed from the ballot, filed a request for an injunction to delay the election. On the morning of the election, the Cheyenne and Arapaho Supreme Court affiliated with the Prairie Chief-Boswell administration issued a hand-written decision denying the motion, claiming Flyingman did not show sufficient proof of irreparable harm if the election were to continue as scheduled.

In a statement released through his campaign’s Facebook page, Flyingman blasted the court’s decision and hinted at potential further litigation.

“I filed an injunction to stop the election with Janice Boswell’s illegal court Friday,” he said. “As expected, they believe Janice Boswell is running a fair election. But I will tell the tribal members. You all can see with your own eyes the corruption, the fraudulent election and continued loss of tribal monies. I do plan on filing federal charges for the illegal process of this election. I continue to pray for our tribe and it saddens me that our constitution continues to be abused everyday.”

As of Sunday morning, no recent filings involving the tribes’ former governor could be found with the federal court system. Despite the government shut down, all federal district courts have enough funding to remain open and operating as usual through Thursday. However, after that date, non-critical civil cases may be delayed at the discretion of the district’s chief justice.

With the distribution of tardy and incorrect ballots, no confirmation of BIA observers during the ballot counting, and registration issues for more than 3,000 voters, many within the tribe are now questioning the legitimacy of the Oct. 8 primary.

 “I voted but I don’t think it matters much,” Cheyenne and Arapaho tribal citizen Darryl Seger said. “On the ballot, the tribal members were supposed to be voting on Cheyenne District 2 legislative candidates. They were not on the ballot. I have been told that election will take place at a future date, but these elections are something that has been set by our constitution.”

Meanwhile, the election commission affiliated with the Wandrie-Harjo administration certified unopposed winners in four of the five races last month. According to paid advertisements published in the Watonga Republican, Marlin Hawk, Fiona Whiteskunk and Michael Kodaseet all ran unopposed for three of the four council seats. Flyingman and Harris were the only executive branch candidates to file with that commission.

As of Friday, results for the fifth race for Arapaho District No. 2 between incumbent Jane Nightwalker and Monica Allen have been not released.

 


Leslie Wandrie-Harjo, left, did not run for re-election. Janice Prairie Chief-Boswell, right, finished third with her running mate Connie Yellowman-Hart, according to published results.

FILE PHOTO