Despite challenges to the results an election oversight committee has upheld the results of the recent council election for the Chukchansi tribe of Northern California. The tribe hopes to reopen the closed Chukchansi Gold Resort & Casino by demonstrating that it has a stable governing council.
Four losing candidates appealed the results of the October 3, and despite losing the appeal have vowed to continue appealing. Their appeal was reviewed by , Indian Dispute Resolution Services in Sacramento.
The casino closed more than a year ago after an armed incursion by one of several factions claiming to be the legitimate ruling authority. The armed group of fifteen men were after audits documents that they claimed were needed by the National Indian Gaming Commission to prevent the casino from closing.
Ironically, this led to the state and federal governments uniting to close the casino because it could not guarantee the safety of its patrons.
The October 3 returned seven candidates who are part of the Morris Reid faction, including three who were on the “interim council” that the federal government had recognized and put in charge to oversee events until the election.
Two members of that same council, Nancy Ayala and Reggie Lewis, were among the four who appealed the results. They claim that the tribe improperly used voter rolls from 2010 that contained names of members who were later disenrolled, a process by which members of a tribe are removed from being able to participate or receive benefits.
The interim council was also divided on using that list, but voted 4-3 earlier this year to use it.
Lewis said last week told the Fresno Bee that if the disputed list had not been used, “It would have been a lot closer and a much more fair election.”
Other critics of the results include two other factions, the one formerly known as the Tex McDonald faction and the 48 members headed by Luke Davis, who claim that only they are qualified to vote.
Davis told the Bee: “It was illegal, and we don’t believe in the results.”
The disputing factions tried to stop the election from taking place by obtaining a restraining order from a superior court judge. However the tribe said it didn’t recognize his authority over tribal elections.
Indian Dispute Resolution Services defended its decision. Senior mediator Steven Haberfeld wrote, “Indian Dispute Resolution Services was not given any special authority to determine or question the contents of the eligible voter list. The agency understood this to be within the sole discretion of the tribe.”
Meanwhile the casino employees who are relying on a stable tribal government are optimistic about its reopening.
COO Christian Goode told Your Central Valley: “Everybody is very anxious and excited to get it back open.” He points to a casino that has brightly lit slot machines, gleaming floors and a swimming pool that lacks nothing but customers. “The future is bright,” Says Goode “We expect it will be full of life sooner rather than later.”
Sounding more optimistic about tribal politics than many tribal members, Goode added, “The faction issue is set to rest everybody had an opportunity to vote, the people voted, they have elected a new tribal council.”
The Board of Supervisors of Madera County is hoping that the casino, which was a positive engine for economic growth, will reopen soon. Supervisor Tom Wheeler told Your Central Valley: “I would like to see it before the first of the year, I mean they would like to see it before Thanksgiving, but that would be great we just have to get all these agreements going.”
Wheeler said he and other supervisors are anxious to set down with the new council members and discuss the several millions of dollars that the tribe owes the county and to work out the details of the safety and emergency services that the county contracts to provide the casino.
When it opens is still up in the air. According to National Indian Gaming Commission Director Michael Odle, “Our priority is to ensure the facility reopens under circumstances that protect the safety of patrons, employees, and tribal members and to that the issues which led to the closure in the first place are not repeated. From our standpoint there is no timeframe as to when this will occur.”
