Lawsuits filed requesting new election at Northern Cheyenne

LAME DEER, Mont. – When former Tribal President Serena Wetherelt, Northern Cheyenne lost her bid for re-election by a mere four (4) votes during the November 5, 2024 Tribal General election, many on the reservation expected and even encouraged her to petition for a re-count. Instead, on Tuesday November 12th she petitioned the tribal court for a complete new election, citing election irregularities. The details of that complaint have not been made available.

On the heels of that, on Wednesday, November 13, 2024 a group of community members filed a similar petition with the Tribal Court, at their own expense, claiming to represent not only themselves but a broad number of tribal citizens who are deeply concerned with the election processes at Northern Cheyenne. That group also promises that in the near future a petition signed by people who support their actions will be forthcoming.

Both petitions were filed in accordance with election dispute deadlines.

Spokespersons for the citizens group (Khristina Redbird, Connie Sanchez and Dana Eaglefeathers) stress that their concerns are bi-partisan in nature (that is, without bias for either of the Presidential candidates). Rather, they are urging for reform in the election process so that irregularities cannot occur. In the 2024 election, they are preparing to present, several questionable practices, documentation and witnesses regarding alleged fraud.

For example, in this year’s election, they allege that several people voted twice. This purportedly happened because they were listed in a different district from their current domicile; were enabled to change residence at the polling site and then also vote in the District where they were on the Voter’s list. The Voter’s List also contained the names of deceased people in violation of the Voter’s Committee responsibility to certify the residence and eligibility of each tribal voter.

Absentee voting – the process for obtaining and submitting such ballots – is also being challenged in the citizen’s law suit. They point out that more than half of the membership resides off the reservation. This process, under the sole discretion and authority of the Tribal Secretary requires the aspiring voter to complete several steps: 1) request an absentee ballot; 2) upon receipt sign that application and have it notarized; 3) return it to the Tribal Secretary on a timely basis; 4) upon receipt of a ballot, complete that document, have it notarized and returned to the Tribe on a timely basis. Under tribal law, the only official authorized to handle ballots prior to Election Day is the Tribal Secretary.

According to the citizen’s complaint, during the past few elections, including 2024, certain Tribal Council members have made it a practice to travel to Billings, where a large number of Northern Cheyenne live. It is purported that council members have delivered absentee ballots accompanied by a Notary Public; have collected Absentee ballots and have even collected the actual ballots for delivery to the Tribe. Since a number of tribal members are homeless, the North Park area has been a prime target for these vote-collectors. The citizens also question whether tribal funds were utilized for such travel.

“While we encourage our off-reservation enrolled relatives to participate in the election process, it must be a fair and unbiased process,” Eaglefeathers stated.

Under tribal law, the process of hearing these petitions is rather quick as the Tribal government is in some limbo pending out outcome. Yet, the declared winners in the 2024 were quickly seated on Monday, November 18 (see related story).

This is not the first election protest filed in Northern Cheyenne and according to policy, a Pro Tem judge is called to oversee the proceedings, ensuring a degree of impartiality. Michael Eagan of Montana Legal Services has served in the capacity in the past.

Under election law, the presiding judge has five (5) days to schedule hearings on the complaints which should be heard within twenty (20) days after that.

Community activist and plaintiff in the citizen’s complaint summarized. “We have the right to demand and participate in fair and impartial tribal elections and intend to continue doing so, no matter the outcome of the current court procedures “she said.

(Contact Clara Caufield at acheyennevoice1@gmail.com)

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