SRMT Election Board Official Appeal Report - 06-19-2013

Jun 21, 2013

June 19, 2013

We, the Saint Regis Mohawk Tribe Election Board, support and uphold the laws and customs of the Saint Regis Mohawk Tribe. To protect the best interests of the community and the Saint Regis Mohawk Tribe, we are hereby releasing this report to you.

BACKGROUND:

On April 2, 2013, the Saint Regis Mohawk Tribe accepted by way of Tribal Council Resolution 2013-21, the Saint Regis Mohawk Tribe Election and Referendum Ordinance. This ordinance has been created to govern the conduct of the Saint Regis Mohawk Tribal Elections. It also serves as the vehicle for any legitimate disputes involving the election process and in this way ensures that all Tribal Elections will be conducted with the utmost fairness and credibility. Although it is everyone’s wish that each Saint Regis Mohawk Tribal Elections can be conducted without incident, if a wrong is perceived, there is an appeal procedure in the ordinance.

On June 1, 2013, the Saint Regis Mohawk Tribe Election Board conducted its Elections pursuant to the terms of the April 2, 2013, Saint Regis Mohawk Tribe Election and Referendum Ordinance. Subsequent to the voting exercise, an appeal was properly made to the Election Board on June 5, 2013, pursuant to Section XIV.A.1. The Election Board, in return, complied with Section XIV.B.1 by providing a hearing with the 5 days and with Section XIV.A.3 in rendering a decision within five (5) business days. The Election Board conducted its due diligence by reviewing all relevant documentation and hearing the testimony of key individuals for clarification on specific points of the election process. The Election Board has considered the evidence and finds as follows:

CONSIDERED EVIDENCE:

  • June 4, 2013 Appeal of community member
  • June 11, 2013 written Affidavit Submissions from community member 1
  • June 10, 2013 written Affidavit Submissions from community member 2
  • June 10, 2013 written Affidavit Submission from community member 3
  • June 11, 2013 written Affidavit Submission from community member 4
  • June 12, 2013 written Affidavit Submission from community member 5
  • Oral statements from community elders; unwilling to make written submissions
  • Campaign Paraphernalia used at the June 1, 2013 Election

DECISION:

The Saint Regis Mohawk Tribe Election Board conducted an in depth review and hearing of the June 1, 2013, Saint Regis Mohawk Tribal Elections.

The basis of the June 4, 2013 appeal filed by a community member is that:

  • Eligible voters were found to be in possession of campaign paraphernalia at time they were casting their electoral votes.
  • All other points noted in the appeal of June 4, 2013, did not prove to be in violation of the Saint Regis Mohawk Tribe Election and Referendum Ordinance TCR 2103-21.

Situation #1:

After reviewing the relevant evidence and the sworn testimonies of several community members, the Saint Regis Mohawk Tribe Election Board was satisfied with the evidence provided.

Campaign paraphernalia or campaigning, anything used to encourage people to vote in a particular way and which is intended to influence a vote for a particular result, as defined in the April 2, 2013, Saint Regis Mohawk Tribe Election and Referendum Ordinance.

SUMMARY:

The Election Board has faced the challenging task of reviewing all evidence provided and allowing for a decision to make in the best interests of the community. It is the belief of the Election Board that the appellants concerns are legitimate and with merit. However, not only does the Saint Regis Tribal Election and Referendum Ordinance apply to the Election Board members in administering the elections, but it also applies to the community members who chose to participate in their governance and individually we have a responsibility in abiding by the ordinance and in this case not to be in possession of campaign paraphernalia on the Saint Regis Mohawk Tribal grounds in order to prevent situations that would become cause for an appeal and potentially warrant the call for a Special Election.

Saint Regis Mohawk Election Board

Betty Roundpoint, Mark Martin, Katrina Jacobs, Christine Horn and Wendy Adams