Wednesday, October 1, 2008

Injunction To Prevent Seating Of Elders Filed In Tribal Court

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An injunction was filed today in Tribal Court by Ken Davison that seeks to resolve an election-related issue prior to the swearing-in of the four newly-elected members of the Council of Elders, scheduled for next Monday.

Davison selected three candidates on his August 31 ballot for the Council of Elders election and the ballot was deemed "spoiled" because he did not select the required four candidates in accordance with the Election Code. The Election Code violates the Mohegan Constitution, Davison says.

Davison says in his request for an injunction that his ballot was deemed "spoiled" and not counted by the Election Committee because he did not vote for candidates that he didn't want to vote for.

"The right to vote freely for the candidate of one's choice is of the essence of a democratic society and any restrictions on that right strikes at the heart of representative government."

Davison contends that his ballot should be counted. If his ballot is not counted, then "the newly-elected members of the Council of Elders will be taking office with inaccurate and illegal vote counts."

It is believed that Davison's ballot and those of other tribal members that were deemed "spoiled" because they selected fewer than four candidates would not change the outcome of the election, if counted. Only the number of votes secured by candidates would change slightly.

Davison filed a complaint with the Election Committee at the beginning of September but the Election Committee ruled that it does not have the authority to rule on the constitutionality of the Election Code. Davison then filed his complaint with the Tribal Court and the injunction request is a part of that current court case.

Davison's complaint and injunction request is public information.