Tribe Goes to Court to Prevent ‘306’ From Voting

A tribe in Washington wants to prevent 306 members tagged for being “disenrolled” from the tribe from voting in the next tribal election. Meanwhile the tribe’s casino has closed.

The 2,000-member Nooksack tribe of Washington State has gone to tribal court to try to prevent the so-called “Nooksack 306” from voting in an upcoming tribal election in March. Four tribal council positions will be up for election in that vote.

The 306 members are facing disenrollment. More than a year ago they filed a case fighting disenrollment, which the tribe has pursued since 2012. The tribal government claims that allowing them to vote would cause injury to the tribe.

The group’s attorney Gabe Galanda, argued before the court, “They remain enrolled Nooksack tribal members, and under the Nooksack constitution, they remain entitled to vote.” He added, “We are seeking a federal balance against the rampant illegality at Nooksack.”

Member Michelle Roberts told the Bellingham Herald, “We’re still members. They’re intimidated by our families’ vote and they don’t want a true election.”

At one time the tribe’s constitution allowed anyone with one-fourth Indian blood and any Nooksack ancestry to vote. The tribe voted to change that provision so that only those who received original reservation allotments or whose family names appear on a 1942 census are allowed to vote.

That change was subject to review by the Bureau of Indian Affairs regional director, who approved it. The decision was appealed to an appeals board, which hasn’t ruled on it. So the 306 are still members of the tribe, at least technically.

Meanwhile a company that claims that building currently housing the Nooksack River Casino has gone to a Whatcom County court to try to collect millions that it says the casino owes in unpaid loans.

The casino shut down on December 11. The closure happened without warning, putting 125 employees out of work.

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