Mackinac Bands voting rights

Wednesday, June 13, 2007 NEWS RELEASE
SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS
Secretarial election results certified by Department of Interior

SAULT STE. MARIE, MI - The election results from the recent secretarial election pertaining to candidate eligibility were officially approved by the U.S. Department of Interior.
The Sault Tribe received notice in a letter dated June 11, from the regional director of the Bureau of Indian Affairs (BIA) detailing three election challenges that were ruled unjustified and/or were not submitted accordingly under federal regulations.
Subsequently, the results of the secretarial election were then approved and validated by the Department of the Interior. Now that the final step in the amendment process is completed, the Sault Tribe now has the ability to officially include the amendment into a new published constitution.
According to a letter from Terrance Virden, director of the Midwest Regional BIA Office:

"The first challenge (submitted by William Bouschor) was to the sufficiency of the number of votes cast. However, the individual was not a qualified voter because he had not registered to vote." The challenge by Bouschor was further dismissed.

Virden added: “The second challenge (submitted by Joanne Carr) asserted that only members living in the tribe’s seven-county service area should have been allowed to vote in the election. The second challenge was not supported by the regulations or the Constitution or any other substantiating evidence and was denied.

”The regional director further stated: "The final challenge (submitted by Betty Freiheit) asserted that individuals who are not properly enrolled tribal members were allowed to register for the election. However, no written challenges were presented to the election board for a determination of the eligibility of any of the registrants and no supporting documentation was submitted in furtherance of the assertion requesting that the election be invalidated. It was also noted that membership questions are internal tribal matters and inappropriate for review by the Bureau of Indian Affairs. Accordingly, the third challenge was denied.”

Another challenge submitted by Sault Tribe member Mary Locke questioning whether or not the 30 percent voter turn-out requirement was met, was dismissed because Ms. Locke did not register to vote in the secretarial election and under federal regulations cannot contest the election results. The complaint was also found to have no merit.

After receiving the final results of the election challenges, Chairperson Aaron Payment stated: “The regional director interpreted that all members, regardless of their band of origin, and regardless of where they live, have a right as citizens of our tribe to exercise one of our most important rights - the right to vote.”

Currently, tribe members residing outside of the service area including Mackinac Band descendants are eligible to vote in tribal elections.

A recent population study shows that 62.3 percent of tribe members live outside of the service area.
Unit I Representative Todd Gravelle drafted the legislation, which initiated the Sault Tribe’s first Constitutional amendment in the Tribe’s 30-year history. Gravelle state: “When I first ran for office, my platform was based upon constitutional reform for the benefit of our people. As the author and sponsor of this amendment, I am humbled by the overwhelming approval of this amendment by our members.
This is just one reform of many that are needed. We also need to adopt the new constitution the membership is currently working on, to further address other governmental reforms that are desperately needed, which includes a detailed bill of rights, a separation of powers providing for a true check and balance, an independent judiciary, and broader representation for our members.” Approximately 86 percent of tribe members’ casting votes in the secretarial election approved eliminating a board members’ right to serve as both an elected official and tribal employee at the same time.
Amendment I of the Sault Tribe’s constitution shall read: “Any person elected or appointed to a position on the board, who is either an employee or independent contractor of the tribe shall voluntarily resign his or her employment position and/or surrender any rights under any contract with the tribe prior to assuming the duties of office or taking the oath of office. Failure to voluntarily resign and/or terminate the contractual relationship with the tribe shall bar the elected or appointed individual from assuming the duties of office or taking the oath of office.”