Judge orders new election at Rocky Boy

The results of the latest elections for the four new members of the Chippewa Cree Business Committee were thrown out Thursday morning.

Melody Whitford, the judge who oversaw the Jonathan Windy Boy v. Election Board hearing Tuesday, released her decision in favor of Windy Boy.

Windy Boy, who was a candidate and lost the election, filed a complaint against the way the election was conducted because an honorary tribal member voted. Only a candidate in the election can file a complaint against the results.

Father Pete Guthneck, who was awarded an honorary membership to the Chippewa Cree Tribe, voted in the November election. Election laws state that only fully enrolled members of the tribe, which Guthneck is not, can vote.

In a court document announcing Whitford’s decision, it states “the Court finds that there is a substantial amount of evidence to indicate this Election was in fact tainted and violations were made not only in regards to the Tribal Constitution but to the Election Ordinance as well.

“The Chippewa Cree Tribal Election Committee cannot use the appellate ruling to fall back on each and every time a mistake is made on an election.”

She ordered that another election be held.

The chair of the election committee, Cecilia Parker, admitted that a mistake was made when they wrote in Guthneck’s name in a book of enrolled members that is meant to be checked when someone votes in the tribal elections. She and the Election Committee attorney, Lynn Fagen, cited a previous case in which the court ruled that 16 tainted votes would not have changed the results of the election of Ken Blatt St. Marks as tribal chair.

Windy Boy and his attorney, Teresa Harris, argued that they were not contesting the results of the election, but the way in which it was conducted.

“It doesn’t matter if it’s tainted 99 percent or if its 1 percent tainted,” Harris said. “If it’s tainted, it’s tainted.”

The judge’s conclusions were: the Nov. 4 elections were in invalid, the election committee must receive assistance from a third party when holding the elections, the new election must be held within a timely manner and that if any member of the election board willfully or purposefully violates any portion of the election ordinance, they will be prosecuted for a Class B offense and could face a $300 fine or three months of incarceration.