FOR IMMEDIATE RELEASE
JULY 12, 2016
SAULT STE. MARIE, Mich. —The Sault Tribe’s Court of Appeals has issued an order setting a hearing on Thursday, July 14, at 2:00 p.m. in the election contest filed by tribal member Isaac McKechnie. His contest is based on the Election Committee having retrieved the locked box that holds the ballots from the Sault Ste. Marie Post Office at 4:30 p.m., rather than the customary 5:00 p.m., on Election Day.
As a result of the scheduled court hearing, it appears that the certification of the election results and the swearing in of newly elected officials will not take place at the July 12, 2016, board meeting as previously scheduled. Under section 10.122 of the Election Ordinance, the Election Committee must formally certify the results of the June 23 election at the first board meeting held after all election contests have been decided. Because of the pending election contest, the certification cannot occur until the Court of Appeals makes its decision. That process is expected to take at least a few more days.
At least some tribal members have expressed concern about this delay in certifying the election results due to the contest this year. We want to reassure those members that the tribe’s election process is working exactly as intended by the Tribal Constitution and Election Ordinance. Every democratic government provides a process for its citizens to contest elections. Allowing such contests is important to assure that elections are in fact fair and open. Most other governments—including both the state and federal governments—allow as much as two months between the election and the swearing in of new officials to make sure there is enough time to resolve election contests and to allow for the transition to the new government. Under our code, that process is much faster. Even with the current election challenge, the transition period is not likely to take more than another week or so.
In the meantime, tribal government continues to function as usual. Article IV, section 4, of the tribe’s Constitution specifically provides that the existing chairperson and directors continue to hold office following the election “until their successors are duly installed in office." This means that, until the Court has resolved the election challenge and the election results can be certified, the existing board of directors and chairperson continue to function and to have full authority to act on behalf of the tribe.
The board of directors will proceed with the certification of the election and swearing in of the successful candidates promptly upon a final decision by the Court of Appeals in the election contest.