tribal election – Page 16

The dispute centers around a new election code, of which the parties disagree as to when the next election for Principal Chief will be — in 2013 or 2015.

Cherokee Nation Redistricting Challenge — Tribal Court Materials — UPDATED

March 5, 2013March 5, 2013Matthew L.M. Fletcher

Here are the materials in Anglen v. Cherokee Nation Council:

1- Petition in Error 1-16-13

2- Designation of Record for Appeal from District Court 1-16-13

3- Notice 1/17/13

4- Amended Petition in Error 1/25/13

5- Application for Injunction and Expedited Hearing 1/28/13

6- Brief-In-Chief 2/4/13

7- Cherokee Nation’s Motion for Partial Dismissal of the Amended Petition in Error filed by Amici Cu

8- Cherokee Nation’s Motion to Strike Application for Injunction and Expedited Hearing of Amicus Cur

9- Response to Motion to Strike, Etc. 2/5/13

10- Appelle- Council of the Cherokee Nation’s Motion to Dismiss 2/5/13

11- Response to Council Motion to Dismiss 2/6/13

12- Cherokee Nation’s Reply to “Response to Motion to Strike, Etc.” Filed by Amici Curiae 2/8/13

13- Order 2-11-13

14- Appellee- Council of the Cherokee Nation’s Reply to Appellant’s Response to Appellee’s Motion to

15- Response to Petition in Error 2/15/13

16- Cherokee Nation Election Commission Response to the Appellants Motion for an Injuction and to Ex

17- Answer to Petition in Error 2/19/13

18- Amicus Curiae Brief 2/21/13 ++Sticken by the Court++

19-Partial Response to Petition in Error 2-22-13

20- Partial Counter Designation of Record 2/22/13

21- Answer to Amended Petition in Error 2/25/13

23- Opinion 2-27-13

24- Motion for Reconsideration 3/1/13

25- Opinion 3/4/13 — link now corrected, but here’s the opinion anyway — concurrence/dissent

26- Certification of Mailing 3/4/13

Navajo Nation Supreme Court Decides Election Law Dispute

March 5, 2013Matthew L.M. Fletcher

Here is the opinion in Sandoval v. Navajo Election Administration.

The court’s syllabus:

The Supreme Court issues its opinion on reconsideration in this appeal of an OHA dismissal on an election grievance. The Court reverses the OHA and orders Leo Johnson disqualified as school board member of the Shiprock Associated Schools Inc. (SASI). The Court emphasizes the duties of the NEA and candidates when conditions concerning qualifications change before an election has taken place. The Court states that the qualifications statute for school board members specifically require mandatory enforcement throughout the term of office. The vacancy shall be filled by special election pursuant to 11 N.N.C. § 143.

Tribal Election Candidacy Challenge Brought under ICRA Habeas Dismissed

February 13, 2013Matthew L.M. Fletcher

Here are the materials (some of them anyway) in Lewis v. White Mt. Apache Tribe (D. Ariz.):

Amended Habeas Petition

DCT Order Adopting R&R

MJ Report and Recommendation

Second Motion to Dismiss

White Mountain Motion to Dismiss

News Coverage of White Earth Chippewa Constitution Vote

December 27, 2012December 27, 2012Matthew L.M. Fletcher1 Comment

Here.

Federal Court Declines to Dismiss Tribal Election Dispute Question

August 23, 2012August 23, 2012Matthew L.M. Fletcher

Here are the materials in Eastern Shawnee Tribe v. Douthitt (N.D. Okla.):

DCT Order Denying CIO Motion to Dismiss

CIO Motion to Dismiss

EST Response

CIO Reply

An excerpt from the opinion:

Now before the Court is Defendants’ Motion to Dismiss and Brief in Support (Dkt. # 16). Defendants argue that the Court lacks subject matter jurisdiction over this case because plaintiff is asking the Court to resolve an internal tribal dispute. They also assert that they have not waived their sovereign immunity from suit and that plaintiff’s claims should be dismissed. Plaintiff responds that it is asking the Court to determine whether the Court of Indian Offenses for the Eastern Shawnee Tribe of Oklahoma had jurisdiction to decide an election dispute, and this is a federal question that can be decided by this Court. They also argue that defendants are not shielded from suit by the doctrine of sovereign immunity.