ROSEBUD, SD – In a ruling issued late last week, the Rosebud Sioux Tribal Election Board will allow candidates whose eligibility to run for office was challenged following the primary election to remain on the ballot for Thursday’s General Election. The decision was based upon CA No. 11-07, a 2011 Memorandum Opinion and Order issued by the Rosebud Supreme Court.
Lenard “Shadow” Wright, who is finishing a term as tribal council representative for the Rosebud Community, filed separate challenges against Scott Herman, William Kindle and Rodney Bordeaux on July 30, 2012. Wright challenged the eligibility of all three candidates, citing Article III – Governing Body – Section 2 of the RST Constitution and By-laws which contains the following language: “The offices of the President, Vice President, Council Representatives, Secretary, and Treasurer shall be subject to limits of two consecutive terms.”
Wright asserted that the Constitution was effective as of September 20, 2007 and asked the Election Board to determine that Bordeaux, Kindle and Herman had already served two terms and thus were not eligible to be placed on the ballot for a third term.
However, during the challenge hearings held last week, all three candidates referenced CA No. 11-07 which states in part “The majority of this Court disagrees with the trial court in its interpretation that the oath of office taken in October 2007, after the passage of Amendment F in September 2007, is to be counted as the first term under the amendment. . . Taking an oath of office in October 2007 was not an act that occurred in isolation but rather a culmination of the entire elective process that began prior to the effective of amendment F. While the successful candidates of the 2007 General Election began service after September 20, 2007, their oath of office and the beginning of their service is a result of an entire election process that began in June of 2007 when all candidates were certified under various eligibility rules contained in the Ordinance effective on that date of certification.”
Also, “The majority Court clarifies. . .and holds that Amendment F, incorporated as Articles III, Section 12, began with the 2009 election cycle and the successful candidates sworn into office in 2009 service “term one” under Amendment F provisions. All terms of office, prior to the 2009 election cycle, were serving under the law in effect prior to September 20, 2007. An election cycle begins with candidate certification and concludes with the oath of office.” The court order is dated October 19, 2011.
On August 15, 2012, Antelope tribal council representative candidate Scott Herman withdrew from the election. As a result, the Election Board has scheduled a special election for Antelope.
Candidates who were certified to appear on the primary election ballot from Antelope Community will advance to the Special Election scheduled for Thursday, September 20, 2012. The top vote getter will be seated as the tribal council representative from Antelope. Appearing on the ballot will be: Louis Moran III, Emil P. Wilson, Shannon M. Shaw-Brill, James R. Leader Charge, Glen Yellow Eagle, Shawn Bordeaux, Calvin “Hawkeye” Waln, Jr., Trent Poignee and Dolores R. Barron.
The General Election is scheduled for Thursday, August 23, 2012. Polls will be open from 8am to 7pm in all Rosebud Reservation communities. Voters will select a tribal president, vice-president and eight (8) tribal council representatives as follows:
Tribal President: Rodney Bordeaux and Cyril “Whitey” Scott.
Vice-President: William “Willie” Kindle and Oliver J. “OJ” Semans. Semans got 358 votes.
He Dog: Royal Yellow Hawk and Mary F. Waln.
Horse Creek: Webster Two Hawk, Sr. and Fremont Fallis.
Ring Thunder: Patricia “Patti” Douville and Rose Two Strike Stenstrom.
Rosebud: Richard “Tuffy” Lunderman and Stephanie C. Sully.
St. Francis: John Swift and Patsy Valandra.
Swift Bear: Delano Clairmont and Alvin Bettelyoun, Sr.
Upper Cut Meat: Kathleen High Pipe and Philimon D. Two Eagle.
Incumbent Todd Bear Shield will retain his tribal council seat from Bull Creek Community because he ran unopposed.
In addition, voters will also select two (2) school board members to serve St. Francis Indian School during Thursday’s General Election. Candidates include Fred “Fritz” Leader Charge, Sam High Crane, Janice Hunts Horse, Theodora T. Connors/Arcoren, Arlene D. Black Bear, Astaro Walking Eagle, Keith Fielder, Pam Kills In Water, Richard W. Lunderman, LeRoy Hairy Shirt, Steve Leader Charge, Michael Crow Eagle, Billy Jo Crow Eagle, David P. Brushbreaker, Darlene Crow Eagle, Norman Running, Jr., Sandra Black Bear, Carmen White Horse, Wilbur B. Smith, Sr., Jennifer Bordeaux Black Bear and Krista L. Running Horse.
For more information please call the Election Board at (605) 856-2373.