Tuesday, September 15, 2009

Results of LdF primary thrown out, new vote Sept. 21
Election board agrees with electioneering complaint

Joe VanDeLaarschot
Reporter

Tuesday, September 15, 2009

Lac du Flambeau tribal member Crystal Poupart was one of a small group of protesters that gathered Friday afternoon at Hwy. 47 and Peace Pipe Road to protest the recent decision to nullify the Sept. 1 tribal primary election results and schedule a new Sept. 21 primary election following allegations of electioneering filed by candidates Mike Christensen and Mryon Doud. Said Poupart of her role in the protest gathering, “We want to know the truth – what’s going on in our tribe ... They’re keeping secrets, and that’s not right.” Eric A. Johnson photo

This a copy of one of the many cards that were allegedly handed out at the polling place during last month’s Lac du Flambeau tribal primary election. The card urged tribal members to vote for six specific candidates. The tribe’s election board Wednesday ordered the results of the primary to be thrown out and a new primary to be held soon so the Oct. 6 general election could still be held as scheduled. Contributed item

Members of the Lac du Flambeau tribe will be heading back to the polls Monday, Sept. 21, to cast ballots in a second primary election.

That's because the tribal election board threw out the Sept. 1 primary results after tribal council member Mike Christensen cried foul and alleged election day campaigning at the polls.

LdF tribal chairperson Carl Edwards last week stated his agreement with the tribe's election board in its decision to throw out the results.

The ordering of a new primary is within the rights of the tribe's election's board, which last Wednesday agreed with Christensen, a tribal council member and candidate for re-election, who filed his complaint with the board Sept. 3 - two days after the primary.

Myron Doud, another primary candidate, was also listed as a complainant.

In his formal complaint, Christensen said, "The basis for my complaint is: Prohibited election day campaigning. Small blue cards were distributed within the community which listed six candidates to vote for. The candidates listed on the card were as follows: Betty Graveen, Barry LeSieur, Betty Jack, Goldie Larson, John LaBarge and Elmer Risingsun. I feel these cards were intended to influence voting in the election. The election code states that 'Electioneering' is prohibited, and defines 'Electioneering' as 'any activity which is intended to influence voting at an election.' These cards are clearly a violation of the code and were clearly an attempt to influence voters on how they should vote."

Edwards confirmed last week that members of the election board did find these blue cards at the polling place - however the chairman did not confirm from where they had come.

"[Election officials] were policing the polls, they were getting up and going into the booths and taking the tickets out," Edwards said. "At least that's what I was told. I wasn't there. I came and voted and then left."

Christensen alleges the forms came from a specific tribal member whose agenda was to get certain candidates through to the final election.

His complaint went on to say, "In addition, the election code states that 'no person may engage in electioneering during polling hours on the date of an election within 500 feet of an entrance to the community center. Antoine Beson II, aka 'Lil Macker' was handing out the blue cards as voters were entering the community building and telling people how they should vote. He was observed sitting outside the polling area and loitering around the community building throughout the day."

Beson, however, said Christensen's assertion is a lie.

"I did not hand out anything," Beson said. "I don't know where Mike Christensen is coming from. I was up there as an onlooker - I was not in there handing out cards or nothing."

Prior to Beson's comment, Christensen said, "The board thought the evidence (in support of his complaint) was overwhelming. They had a whole pile of those blue cards sitting on the table when I entered the room."

When told about Beson's comment about being falsely accused, Christensen said, "I'm not going to comment anymore on that. The election board made [its] decision and I'm not going to comment any more."

Edwards acknowledged the election board's decision and said the board ruled that there was evidence of illegal electioneering at the polling place, voter fraud and other irregularities.

These allegations the board found to be true go against numerous sections of the tribal election code - a code which specifically details what can and cannot be done at the polls on election day - along with the responsibilities of poll workers and election board members.

The code dictates penalties for those who violate. This was a specific area pointed to by several tribal members who claim the election board's action is nothing more than greasing the political wheels of those currently in power.

Tribal code clearly states: "any person who, for himself or herself, or by his or her agent, servant, or employee or another, violates this Code, shall be liable for penalties as follows:

(1) For civil remedial money penalty of not less than $250 nor more than $500 for each violation.

(2) For civil remedial forfeiture of any property, including without limitation vehicles, used in the commission of the violation of this code.

(3) Court costs of $10 shall be assessed against any person found to have violated this code."

Article 3 of 11.131 also states: "Any person observing any violation of this Code is to notify the Law Enforcement Officer, who shall immediately investigate the matter, and promptly issue citations."

Beson said last week he was indeed at the polling place though at no time was he ever approached by a member of the election board or a tribal police officer and asked to leave.

He also confirmed the he had not been spoken to by any member of the Lac du Flambeau Tribal Police, courts or elections board in regard to a fine or forfeiture stemming from allegations found true by the board.

According to tribal attorney Carol Brown, the prosecuting agent in an elections code violation would be the Lac du Flambeau Tribal Police. Brown and Edwards both confirmed last week that no one has been turned over to the police for violation of the code, but did acknowledge that it may need to be looked into further.

"If [Beson] really did what the election board and Mike Christensen say he did, then he would have been arrested and fined," tribal dissident Bill Poupart said. "If it was a serious violation like they say it needs to be to have an election null and void, then why weren't any of the correct procedures followed? This whole things smells really bad."

Beson was not invited into the board's closed session meeting last week where Christensen and Doud made their accusations, angering numerous tribal members who had shown up for the meeting with the understanding the discussion would be in open session.

Two tribal police officers were present and removed some who were allegedly causing a disturbance and refused to leave. They did eventually leave the building and the closed session meeting proceeded.

Christensen and Edwards, along with former tribal attorney and current LdF tribal candidate Barry LeSieur, said that as far as they know the tribe has never before thrown out the results of an election.

LeSieur said this is the reason he feels strongly about handling this matter in the correct fashion to ensure the proper procedure is followed.

"I just want to make sure it's done equitably and gives everyone a chance to be heard," LeSieur said. "I fear that all this process is doing now is frustrating voters to the point where many of them feel disenfranchised. Some are just plain angry."

Members of the tribal election board include Sheila Chapman-Hagen, Liz Vetterneck, Alice LaBelle, Tom McBurney, Harold Jackson and Wanda Wayman.

Christensen, who had finished with enough votes in the primary to be placed on the ballot for the Oct. 6 general election, said he feels confident that even with a new vote he would be re-elected to the tribal council.

"This may make me a poster child for the opposition, but so be it," Christensen said. "I just wanted to see that a fair election was held."

In last month's primary election for tribal secretary the following were the the vote totals: Betty Graveen with 354 votes, incumbent Gerry A. "Weeders" Brown was second with 183 votes, Kelly Allen was third with 138 votes and Betty Wayman finished last with 44 votes.

Graveen and Brown were to be on the Oct. 6 ballot with the top vote-getter winning that office.

In the primary for tribal treasurer, Barry LeSieur was first with 310 votes, incumbent Rose Mitchell was second with 254 votes and Juanita Thompson was third with 155 votes. Both LeSieur and Mitchell were to be on the Oct. 6 ballot.

In the primary for four positions on the tribal council there were 17 candidates on the ballot. The top eight were to be on the Oct. 6 general election ballot.

The candidates earning enough votes in the first primary to be in the top eight positions were Betty J. Jack with 241 votes; Goldie Larson was second with 206 votes; John R. LaBarge Jr. was third with 189 votes; Elmer Rising Sun was fourth with 187 votes; Eric Chapman Sr. was fifth with 182 votes; incumbents Donna LeMere and Mike W. Christensen tied for sixth place with 161 votes; and the last candidate to earn enough votes to be placed on the October ballot was Elizabeth "Liza" Doud Diver with 155.

According to last month's primary results, which are now null and void, the following candidates did not earn a position on the Oct. 6 ballot:

George W. Thompson, 149 votes; Eugene Soulier Jr., 146 votes; John "Dutchman" Snow Sr., 136 votes; followed by Clyde N. Chapman, 121 votes; Phillip (Bub) Chapman Sr., 117 votes; Gerald W. Mann Sr., 107 votes; Debra Petersen, 103 votes; Theodore A. Burgess Sr., 86 votes; and Myron D. Doud, 85 votes.