Department of Interior Authorized to Review Final Decisions of Tribal Election Board and to Invalidate Tribal Elections Based on Eligibility Disputes in Shakopee Mdewakanton Sioux (Dakota) Community v. Babbitt
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Authors
Lennon, Noreen C.
Issue Date
1998
Volume
31
Issue
Type
Journal Article
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Abstract
INTRODUCTION|The passage of the Indian Reorganization Act ("IRA") in 1934 altered the course of existing federal Indian policy in favor of tribal self determination and strong tribal government. Section 16 of the IRA established procedures for the adoption and amendment of tribal constitutions "at a special election authorized and called by the Secretary [of the Interior] under such rules and regulations as he may prescribe." As authorized by the IRA, the Secretary of the Interior ("Secretary") enacted legislative rules governing the conduct of these elections, presently codified at 25 C.F.R. sections 81.1-81.24.|Recently, in Shakopee Mdewakanton Sioux (Dakota) Community v. Babbitt, the United States Court of Appeals for the Eighth Circuit determined that the Secretary reasonably interpreted the election provisions to allow review of voter eligibility determinations post-election and nullification of the election results on the basis of irregularities. At issue was the interpretation of the two legislative rules in combination with each other. Section 81.13 of Title 25 of the Code of Federal Regulations states that the election board's eligibility determinations "shall be final." However, 25 C.F.R. section 81.22 states that "any qualified voter... may challenge the election results by filing with the Secretary ... the grounds for the challenge," along with substantiating evidence, within three days of the posting of the election results...
Description
Citation
31 Creighton L. Rev. 527 (1997-1998)
Publisher
Creighton University School of Law