By MELISSA DOMSIC
mdomsic@record-eagle.com
November 19, 2008 12:00 am PESHAWBESTOWN -- Derek Bailey could soon become tribal chairman of the Grand Traverse Band of Ottawa and Chippewa Indians, putting an end to a half-year election process involving several challenges, court hearings and a special second election. Bailey, 35, won a September special election, months after tribal voters initially backed two-term incumbent Robert Kewaygoshkum, 57, in a May election that a tribal court subsequently overturned. But it didn't end there. Several people filed challenges to the September special election, and others filed motions in court. The band's election board dismissed challenges, and the tribal court this week denied requests from two tribal elected officials to put off certification of the special election results. Bailey hopes to soon accept the tribal chairman's position. "I'm looking forward to having this process over and begin unifying our membership and taking this nation forward," Bailey said. "To echo the statement by the chief judge ... the election process does need to come to an end." Bailey said he heard that Tribal Councilwoman Connie Two Crow recently filed a challenge in court, but Two Crow and several other tribal officials did not return phone calls to confirm. Nothing has shown up on the court docket from Two Crow, said Donna Chippewa, tribal court administrator. In May, Kewaygoshkum defeated Bailey 233 to 210. In the special election, Bailey won the four-year position 256 to 186. A tribal court ordered the redo after ruling the band's election board improperly censured Bailey just before the original vote. The board held an emergency meeting two days before the May election and issued an e-mail censuring him for allegedly using his tribal computer to visit his campaign Web site. The tribal judiciary on Monday denied requests from Kewaygoshkum and Tribal Councilwoman Sandra Witherspoon to stay certification of the special election results. Neither returned phone calls for comment. Their allegations and arguments focused on events the court already ruled on for the case that resulted in the special election, Chief Judge Wilson Brott wrote in his opinion. Kewaygoshkum and Witherspoon alleged that Bailey violated election regulations by using a tribal government-owned computer for campaign activities. They requested "the court to hold hearings as to acts which would be extremely troubling if proven true," Brott wrote, but the tribal judiciary "must stay within the limitations required by the Tribal Constitution." The court's decision doesn't preclude anyone from raising the allegations in other contexts or by other means. The plaintiffs can appeal the court's decision until noon Friday.
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