August 8th, 2008
The tribal court in Peshabwestown has ordered a new election for the highest office of the Grand Traverse Band of Ottawa and Chippewa Indians. The court says the tribe’s Election Board violated the rights of the challenger in the race for tribal chairman. After he lost a close race to the incumbent in May, Derek Bailey charged the board with impropriety and went to court last week.
The GTB Election Board sent out an email to hundreds of voters criticizing Bailey for viewing his campaign website with a government computer. Bailey had been accused of violating election rules, but he didn’t know about the charge and wasn’t invited to defend himself. The email about the charges went out to every tribal employee the day before the election.
Bailey says he was slandered and the vote was affected. The court says Bailey did not clearly prove the actions of the board caused him to lose the race to incumbent Tribal Chairman Robert Keywaygoshkum. In fact, during the trial none of the witnesses said they had actually changed their vote because of the email. But the court says the board’s actions violated Bailey’s constitutional right to due process and were so egregious the only remedy is a special election.
The attorney for the board says the board disagrees with the opinion but will meet soon to schedule a new election.
Throughout the proceedings, Bailey has posted many of the court documents on his campaign website.