Tofpi disputes turnout of recall vote

CARNEGIE, Okla. – Business Committee Chairman Donald Tofpi, of the Kiowa Indian Tribe of Oklahoma, says the results of the May 29 recall election on him are invalid.

Tofpi claims the election was illegal because a court case filed by the tribes’ Hearing Board is still pending in the Court of Indian Offenses at the appeals level.

A recall was filed against Tofpi by tribal members Charles “Buddy” Toyebo and Thomacina Tsoodle Leader for allegedly violating the tribes’ constitution. Initially a temporary restraining order and injunction on the election was granted by Judge Phil Lujan but was later removed on May 11 due to lack of jurisdiction.

“As I understand it, the hearing board filed an appeal on the initial injunction when it was imposed. The appeals board took the appeal, but no court proceeding has taken place yet. In the meantime, Judge Lujan lifted the injunction, allowing the election to move forward,” tribal member Lee Rhoades said.

Rhoades said that while it would seem that the appeal is moot, the appeals board has not said so and he doesn’t know who that will affect the legality of the election.

“One fact is clear in all of this. More Kiowas voted for him to be removed from office than not,” he said.

Rhoades and Toyebo wrote press releases prior to the recall election listing alleged infractions made by Tofpi.

“None of these charges are true. It’s basically all political, personal, and frivolous,” Tofpi said. “I was held responsible for other people’s actions.”

Tofpi said according to the tribes’ Business Committee the election was illegal, tribal members were confused on where to vote on election day, and it remains business as usual at the tribal complex. He said he feels like in the recall process a person is guilty until proven innocent.

According to the Lawton Constitution, Dwayne Davis, the tribes’ election board chairman, said nearly 600 Kiowa tribal members voted, with a recall vote of 373 in favor and 221 opposed.