Sprague sworn in; complaint filed over protest denied

Scott Csernyik

6/12/2002 12:00:00 AM

It was kind of an awkward beginning for the Tribal Council regular session on June 4 when Chief Maynard Kahgegab Jr. made a simple comment before swearing in Bernie Sprague as a representative.

"There's been a motion for injunctive relief filed," Kahgegab stated.

The complaint, filed with the Saginaw Chip-pewa Tribal Court on the same day, seeks a "new election, or in the alternative rescind the results of the present election."

Petitioners Steve Pego and Faith Montoya-Pego filed the complaint on the heels of their protests over the May 17 special election being denied on May 29 by Election Appeals Judge Vanya S. Hogen.

Sprague finished first in the election, beating Pego by six votes, 53-47. The protests alleged the election was not conducted properly after Caucus Committee members denied several members the right to vote because they did not have current voter registration cards at the polls.

The pair argued that Ordinance No. 4 has no provisions in regard to the voter registration card, let alone an issue date.

"(The) plaintiffs assert that such actions by the Tribal Clerk and Caucus Committee did materially and actually affect the special election where the new requirements were imposed on the entire voting membership 15 days prior to the elections, and which were contrary to law, and the right to have reasonable notice of election law change," stated the complaint.

In her 13-page ruling, Hogen stated "protestors Pego and Montoya failed to prove by clear and convincing evidence that the outcome of the May 17 special election was actually or materially affected by this requirement."

Hogen also acknow-leged that Pego and Montoya may well "be correct that it was confusing for the Tribal Clerk to send a (May 2) letter purporting to require that voters bring their "new" voter registration card to the polls when those cards were not actually going to be required."

As of a June 11 press deadline, no formal action had been taken on the complaint.