UPDATE: Hoskin, Warner and Deere face Supreme Court appeals

BY D. SEAN ROWLEY
Senior Reporter
06/11/2019 08:00 AM
TAHLEQUAH – On June 10, the Cherokee Nation Supreme Court received appeals that seek to invalidate the elections of Principal Chief-elect Chuck Hoskin Jr., Deputy Chief-elect Bryan Warner and Dist. 13 Tribal Councilor-elect Joe Deere.

Former candidate Dick Lay filed a petition to invalidate the June 1 principal chief election, naming the Election Commission and Hoskin, the certified winner, as defendants.

Former deputy chief candidate Meredith Frailey entered a similar appeal, naming the EC and Warner, who the EC certified as that race’s winner, as defendants.

Buel Anglen, who was disqualified as a candidate for the Dist. 13 Tribal Council seat earlier this year, filed a petition challenging the validity of the district’s certified winner Joe Deere, who ran for the seat unopposed after Anglen was disqualified.

Lay and Frailey’s filings make largely the same allegations.

Lay’s filing alleges “Hoskin reported $28,524 as ‘Miscellaneous’ expenditures paid to Cherokee Future LLC (‘Cherokee Future’). However, Hoskin itemized as advertisement, printing, compensation, office expenses, travel, food, and miscellaneous $140,000 previously reported as Miscellaneous items as consulting fees to Cherokee Future. This Revised Financial Disclosure Report is an example of the violations that Hoskin accepted corporation in-kind contributions to his campaign, authorized illegal expenditures, and falsified his financial report.”

Lay’s appeal claims that Hoskin must be disqualified under precedent set by principal chief candidate David Walkingstick’s removal from the race by the EC and Supreme Court.

The appeal claims Hoskin and Warner violated election code, did not report $500,000 in advertising and printing expenses, nor another $300,000 “of compensation campaign costs.” It also alleges that Cherokee Future LLC was under the control of Hoskin and Warner in violation of campaign law, and that they falsified their financial disclosure report certifications.

Lay’s appeal also states a series of photos and stories in the CN Community Organization Training and Technical Assistance newsletter concerning Hoskin is an in-kind campaign expenditure that Hoskin should have reported.

Frailey’s filing claims Warner filed $21,902.84 as “Miscellaneous” expenditures paid to Cherokee Future, but Hoskin itemized $107,500 previously reported as Miscellaneous, and claims the revised financial disclosure report supports violations of Warner accepting in-kind contributions to his campaign, approved illegal expenditures and falsified his report.

Anglen’s appeal claims the EC certified the Dist. 13 race with no candidate on the ballot, and therefore the election was invalid since no candidate was elected.

Anglen’s brief states no votes were counted for Deere in the June 1 election, and that the CN Constitution requires that a council member be elected, as do CN statutes. It states that since there is no mathematical certainty in the election’s outcome, a new election must be called by the Supreme Court. It further states that the EC may not “default” a candidate into office.

According to the court’s website, the hearings for all three appeals have been set for 10 a.m. on June 17.

Click here to view Dick Lay’s Supreme Court petition.

Click here to view Meredith Frailey’s Supreme Court petition.

Click here to view Buel Anglen’s Supreme Court petition.

Click here to view Buel Anglen’s brief to support the Supreme Court petition.
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