C&A Court Justice: ‘It may be necessary to start all over again’

One faction moves forward with general election, other side takes out emergency restraining order to stop it, and two candidates are contesting primary results


CONCHO, Okla. – Despite two pending court challenges and one faction taking out an emergency restraining order, Cheyenne and Arapaho voters are still scheduled to go back to the polls Nov. 5.

Based off of primary results released Oct. 10 by the election commission affiliated with the Janice Prairie Chief-Boswell administration, Eddie Hamilton and Cornell Sankey will face Roberta Hamilton and Jerry Levi in Tuesday’s general election. Prairie Chief-Boswell and her running mate, Connie Yellowman-Hart, finished third by more than 100 votes.

Due to a number of incorrect ballots being distributed last month, Tuesday’s election will also serve as a primary for three legislative races. Alan Fletcher, Ramona Tallbear and George Fletcher are all seeking the seat from Cheyenne District No. 2, which includes the communities of Calumet, El Reno and Kingfisher. Arapaho District No. 2, which covers the same geographical area as Cheyenne District No. 2, has three candidates: Dale Hamilton, Michael Martin and Christine Morton. Jane Nightwalker and Edward Mosqueda will square off for the legislative seat from Arapaho District No. 1, which includes Longdale, Seiling and Watonga.

Kyle Orange was the only Cheyenne District No. 4 candidate to file with the Prairie Chief-Boswell affiliated election commission and has been declared the winner by default.

The Prairie Chief-Boswell affiliated election commission plans to conduct a run-off election on Dec. 17 for the top two finishers in Cheyenne District No. 2 and Arapaho District No. 2. The Tribes’ constitution calls for the winners to be sworn in on the first Saturday in January after the election, which is Jan. 4, 2014.

The other claimant election commission, which is affiliated with the Leslie Wandrie-Harjo administration, has already certified winners in Cheyenne District No. 2, Arapaho District No. 2 and Cheyenne District No. 4. It has not released the figures for Arapaho District No. 1.

The Wandrie-Harjo affiliated commission has taken out an emergency restraining order in an effort to stop Tuesday’s election. Michelle Cecilia, legal counsel for the election commission affiliated with the Prairie Chief-Boswell administration, did not return phone calls and emails requesting comment.

Meanwhile, both former governor and current candidate Darrell Flyingman and Joyce Wood are contesting the election results with the Prairie Chief-Boswell administration’s Supreme Court. The two cases have hearings scheduled for Nov. 15 and according to court transcripts, the justices have indicated that they are open to potentially setting aside the election results if sufficient evidence exists.

“I understand that’s after the election,” Justice Daniel Webber said during an Oct. 18 preliminary hearing. “However, this court has the power to set aside that election and I will inform you that there are other factors involved here concerning that election. There’s another case that we’re going to take up here directly that is certainly going to have an effect upon the election one way or another. I can’t tell you which way it’s going to have an effect, but after we review that matter, it may be necessary to start all over again.”

Flyingman and his running mate, Adrianna Harris, were the only executive branch candidates to file with the Wandrie-Harjo affiliated election commission. Their names were removed from the Prairie Chief-Boswell affiliated election commission’s ballot prior to the October primary.