Cherokee Election Commission officially declares Chad Smith winner
By LENZY KREHBIEL-BURTON World Correspondent
Published: 6/27/2011 TAHLEQUAH -- The Cherokee Election Commission on Monday overturned unofficial results in the election of the tribe's principal chief and officially declared incumbent Chad Smith the winner by seven votes.
Unofficial returns showed challenger Bill John Baker won the election by 11 votes.
But the election commission on Monday said the total was 7,609 votes for Smith to 7,602 votes for Baker, or a .04 percentage difference.
There was no immediate reason given how the commission determined the change.
"We are shocked at these developments," said Johnathan Levy, a senior member of the Baker campaign. "We are trying to fully understand what has happened. We are reviewing all options."
Immediately prior to the commission's announcement, Smith said during a news conference he would contest the election.
"This election is not over. We have processes in place – checks and balances. "There are provisions in place for recounts, recalls and challenges and we will honor them," Smith said at a news conference on Monday.
"The Cherokee people have a right to know.
"I'm confident that when this is done it will show that I will continue to be the principal chief," Smith said.
Cherokee law requires any recount requests to be filed by Wednesday and election result appeals to be filed by July 4. According to the election commission, a recount would happen either June 30 or July 1. Any filed appeals would go through the tribe's Supreme Court.
On Sunday morning, Baker was announced the winner, 7,600 to 7,589.
The result was announced following an all-night session of vote-counting and recounting.
After results from the tribe's 39 precincts were initially reported on Saturday night, the margin of victory -- originally in Smith's favor -- was fewer than 10 votes, prompting the tribe's election commission to examine more than 250 challenged ballots that were originally disallowed from the vote total.
Those ballots included voters whose names were not on specific precinct lists, officials said.
The review started around 11 p.m.Saturday and ran throughout the night, with the results announced just before 7 a.m.Sunday.
More information will be posted as it becomes available.
Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20110627_11_0_TAHLEQ110259
Bush won
There has just got to be a hanging Chad joke in here somewhere.
Quote from: RecycleMichael on June 27, 2011, 02:56:23 PM
There has just got to be a hanging Chad joke in here somewhere.
I knew this wasnt over after I heard how many votes Smith lost by.
He seems to me a guy who has quite a bit of control and wasnt going down without a fight.
Chief must be a very nice position to have in this economy.
Kinda curious what kind of coin that position brings in.
Quote from: DolfanBob on June 27, 2011, 03:54:17 PM
I knew this wasnt over after I heard how many votes Smith lost by.
He seems to me a guy who has quite a bit of control and wasnt going down without a fight.
Chief must be a very nice position to have in this economy.
Kinda curious what kind of coin that position brings in.
Someone correct me if I'm wrong, but I think he had a pretty good law practice out in Sapulpa before he was the chief.
But there again, I've heard before many attorneys turn to politics because it's a more stable income. Who knows?
Casino or Slurpee....
You want stable income in a down economy? Become a bankruptcy attorney. You'll be turning clients away. And you get paid first, so the fact that your clients come to you because they can't pay their bills isn't a problem. ;)
After leaving the Creek County DA's office in 1987, Smith's law practice was with Darell Matlock in Southwest Tulsa, near 33rd W. Ave. and SW Blvd. Incidentally but probably not coincidentally, Matlock is now a Cherokee Nation Supreme Court Justice.
Quote from: Conan71 on June 27, 2011, 04:18:22 PM
Someone correct me if I'm wrong, but I think he had a pretty good law practice out in Sapulpa before he was the chief.
But there again, I've heard before many attorneys turn to politics because it's a more stable income. Who knows?
Quote from: nathanm on June 27, 2011, 04:24:57 PM
You want stable income in a down economy? Become a bankruptcy attorney. You'll be turning clients away. And you get paid first, so the fact that your clients come to you because they can't pay their bills isn't a problem. ;)
Pretty much the same as an undertaker. Either job would be pretty crappy.
FB post from KOTV:
QuoteNews On 6 reporter Dan Bewley reports the Cherokee Supreme Court has ordered a recount to begin in the election for chief.
Maybe they should just Indian leg wrestle for it....
Baker's claiming the win after the recount.
And Smith will announce his victory tomorrow after more threats and intimidation.
BAM ! I love it. There is a reason the Cherokee Nation didnt want him back and the recount shows it.
Way to go Principle Chief Bill John Baker.
Cherokee Nation election chairman resigns | Tulsa World
Quote"My honor, character and integrity have been unreasonably damaged," he wrote, citing inaccurate media reports in election's aftermath
Considering it went from Baker by 11, then Smith by 7, then Baker by 250+. Yeah, that might get people to question your integrity.
Quote from: Townsend on July 05, 2011, 09:43:08 AM
Cherokee Nation election chairman resigns | Tulsa World
Any idea who appointed him ? It might be obvious. Unless he was elected.
You really need to read the attachment to this article before you crucify him.......
Very enlightening. Sounds like he is part of a good ol witch hunt.
Chad Smith petitions Cherokee court for new election /per the World.
Quote from: Townsend on July 06, 2011, 10:11:48 AM
Chad Smith petitions Cherokee court for new election /per the World.
Where's the popcorn??
Anyone else think he's being a sore loser or has he really got a case for this?
Talk about a hanging Chad...
Quote from: Conan71 on July 06, 2011, 10:20:16 AM
Anyone else think he's being a sore loser or has he really got a case for this?
Talk about a hanging Chad...
That was the exact term I used yesterday with a co-worker. Well played.
Can you imagine if they change the results again.
Sit back and watch the Indian Fireworks.
And it continues.
http://www.newson6.com/story/15063210/baker-smith-engage-in-war
http://m.newson6.com/LocalNewsStory.html?pid=2264&parenturl=http%3a%2f%2fkotv.com%2fapi%2fgetFeed.aspx%3fid%3d4%26date%3d20110304&itemurl=http%3a%2f%2fwww.newson6.com%2fglobal%2fstory.asp%3fS%3d15095576%26clienttype%3drssstory
Wonder how long it will be until Baker demands a recount. I feel bad for Smith and Baker. They've both been declared winners, and I don't blame them for fighting this.
Full disclosure: I have practiced election law in Oklahoma but in any tribal court. I am personally acquainted with Chad Smith but have no dog in this hunt. For example, I think Smith is entirely wrong in his approach to the freedmen issue, but that's between the tribe and the federal courts.
As far as the election itself goes, the Cherokee election only has one count that defies belief - the hand recount. Look at the official results:
1. Smith wins by 7.
2. In the recount, Baker wins by 261.
3. In the judicial recount, Smith wins by 5.
Even considering the initial unofficial results in which Baker won by 11, the hand recount conducted by the election board was off-the-charts wrong. Given its own results, the tribal court has two choices. It can set aside the recount and reinstate the official count or it can set aside recount and order an entirely new election. One option will not only be economical, but will also be consistent with the judicial recount. The other will be expensive and ignore the fact that however narrowly he won, Smith won the official count and the judicial recount, and require the court to hold that it's own recount was suspect. What would you do?
Oklahoma courts would just set aside the recount and certify the original official tally.
BTW, I agree with XWZ that when margins are in single digits, you can't blame candidates for questioning the outcome. The process comes to a close at some point, and recounting the votes until they come out your way isn't one of the options available. Majority rule is 50% plus one.
Quote from: ZYX on July 17, 2011, 10:24:30 PM
http://m.newson6.com/LocalNewsStory.html?pid=2264&parenturl=http%3a%2f%2fkotv.com%2fapi%2fgetFeed.aspx%3fid%3d4%26date%3d20110304&itemurl=http%3a%2f%2fwww.newson6.com%2fglobal%2fstory.asp%3fS%3d15095576%26clienttype%3drssstory
Wonder how long it will be until Baker demands a recount. I feel bad for Smith and Baker. They've both been declared winners, and I don't blame them for fighting this.
I vote for just doing away the whole Cherokee Nation as a government.
Good luck with that. If it wasn't for the fact the Cherokee are from the Carolinas I'd ask if the people doing the recount are from Florida.
Per Tulsa World:
QuoteNews - Breaking News stories from Thursday, July 21, 2011
Cherokee Supreme Court calls for new election in principal chief race
Supreme Court issues ruling today on the election between candidates Chad Smith and Bill John Baker.
Should be a landslide for Bill John Baker.
Oh no, without a chief who will do those things that the chief does?