Election Board overrules

Published 7:09 am Wednesday, June 17, 2009

By By MaryClaire Foster
Following an overruling made Friday by the Election Board of challenges to the election results, the Poarch Band of Creek Indians went ahead with swearing in three members of its Tribal Council during Tuesday’s monthly council meeting.
Challenges were made June 9 to the election results that had Stephanie A. Bryan elected as vice-chairman of the council and Berry Ross and Keith Martin elected to at-large positions.
This election was historic for the Tribe in that it marked the first time Tribal members voted on an executive position as opposed to appointments by the council.
The challenges were made by Tribal council candidates Amy Bryan, Daniel Smilie, Peggy Rolin Couch, Douglas “Poncho” Kelley and also, by voter Chris Adams.
In the ruling released by the Tribal Election Board, the board wrote it had condensed the challenges into four specific objections. The objections included:
The board gave a written rebuttal to each of them.
In response to the first objection the board wrote, “The Tribal Council has specifically vested the Board with the authority to conduct, supervise, and be responsible for, directly or indirectly, all aspects of tribal elections,” referencing Section 22-1-4(c) of its constitution.
The second claim also referenced Section 22-1-4(c) stating, “Pursuant to the Tribe’s Legal Policies and Procedures, it is the express responsibility of the Legal Department under the direction of the Attorney General to provide such legal services to the Tribal Government and Tribal entities, including the Board. As noted above, the Board is charged with plenary responsibility for conducting tribal elections and is responsible for carrying out these duties either directly or indirectly.”
Regarding the third objection’s claim the board wrote that only 11 of the returned ballots were rejected due to lack of identification, which would not have affected the outcome of the votes.
In regards to the final objection that qualified voters were turned away, the board gave explanations for why five Tribal members were refused the right to vote.
Any Tribal member in disagreement with the ruling has 10 business days from June 12 to make an appeal.
This will be Ross’ first time serving on the council and both Bryan and Martin currently serve on it. All three will serve three year terms.
Following the swearing in of the members, David Gehman was voted by the council to the position of secretary.

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