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                                                                                    Hendrix case

 

FROM THE NATIONAL TRIBAL INDIAN

LAND RIGHTS ASSOCIATION

DENVER, COLORADO

 

RE:  U.S. TENTH CIRCUIT COURT OF APPEALS IN DENVER TO DECIDE COMANCHE TRIBAL INDIAN’S RIGHTS TO RELIEF FROM DEPRIVATION OF CONSTITUTIONAL RIGHTS CASE.

 

            Deborah Kay Hendrix of Elgin, Oklahoma, a Comanche Indian who always attended the Tribes General Council, voiced her concerns about tribal matters, and was nominated in General Council as a candidate for Tribal Secretary/Treasurer.  She was approved to be on the ballot.

            Just prior to the election, the Comanche Business Committee Chairman Wallace Coffey, a former Director of the Denver Indian Center, who makes his living as an announcer at Indian Pow Wow gatherings, and such, acted to “Dis-enroll” Deborah Hendrix from the Comanche Tribal Roll.

            Wallace then published a full-page ad extolling his actions by making a deserting attack on Hendrix and her family. Hendrix fought back.  She made a complaint to the Bureau of Indian Affairs Regional Director at Anadarko, Oklahoma.

            The Regional Director sided with Hendrix noting that her rights to due process and the equal protection of the laws had been denied and agreed that Deborah Hendrix’s grandfather had been an original allottee of Comanche land.  Her father had been an enrolled Comanche all his life and that Deborah Hendrix was indeed an enrolled member of the Comanche Tribe. That the Business Committee had illegally acted.

            An Attorney of Kiowa descent made an attack upon the Bureau of Indian Affairs letter and claimed that due to tribal sovereignty, the Committee was sovereign and as such was not amenable to Bureau of Indian Affairs adverse actions and the Committee had legally booted Hendrix and her family off the rolls.

            Hendrix applied for a temporary restraining order to the United States District Court in Oklahoma City who ruled by order of Judge Vicki Miles LaGrange that the Hendrix case must be dismissed for reason as alleged, the court has no jurisdiction over the tribe in internal matters and the case must be dismissed.

            Hendrix then appealed to the Tenth U.S. Circuit Court of Appeals in Denver alleging the Santa Clara Pueblo vs. Martinez case relied upon could not be applied to her.  There was no Federal authority under the case that left room for any Indian to find justice in federal courts.  There was no jurisdiction under Civil Rights Laws or the Constitution, which allows an Indian to appeal a tribal action no matter how wrong, or vile it may seem.  The Indians had no remedy.

            Hendrix filed a motion for an En Banc Court of the eighteen appellate judges to review her appeal and send it back to the judge in Oklahoma City with instructions to review the propriety of the decision and hold a trial to decide the case on the merits, or to decide the merits in Denver and issue their findings.

            The court responded with an order that the case be decided on the merits by a three-judge panel in Denver by the Tenth Circuit. Ms. Hendrix pointed out that her suit was not against the Comanche Tribe, but the officials responsible for the ultra vires actions.

            This case should be reported on and watched.  Indians are citizens of the United States and have reserved rights to all tribal and other property. Act of June 2, 1924 (43 stat. 253) Codified at 8 U.S. Code 1401 (b).

The denial of rights to due process and equal protection under the laws to Indians because they are Indian is erroneous. Hendrix is representing her case Pro Se –without an Attorney. Her opposition has seven registered Attorneys representing the individual committee members.

 

A.D. Hopkins, Denver, CO, #. 970-532-3698.

 

 

 

 

 

 

UNITED STATES COURT OF APPEALS

FOR THE TENTH DISTRICT

 

 

Deborah Hendrix, Phillip Hendrix III         )

Angie Revell, Phyllis Attocknie                  )

                                                                     )

                                       Plaintiffs,              )

                                                                     )               Case No. 08-6161

V.                                                                 )                     

                                                                     )

Wallace Coffey, Ronald RedElk,                )  

Eddie Mahseet, Lanny Asepermy               )

Jeniece Bigbee, Individually, Donna          )

Wahnee, Enrollment Director, Kirke          )

Kickingbird, Hobbs, Straus, Dean &          )

Walker.                                                        )

                                                                     )

                                       Defendants,           )

 

 

ENTRY OF APPEARANCE

 

To the Clerk of this Court and all parties of record:

 

            Please enter my appearance in this case as Pro Se in the above matter

.

 

Dated: August 7, 2008                                      Respectfully submitted,

 

                                                                          

                                                                            ____________________________

                                                                            Phyllis Attocknie

                                                                            Rt. 1, , Box 4163.

                                                                            Apache, OK 73006                                      

                                                                            580-588-3539    

 

  

 

 

 

COMANCHE ALLIANCE LETTER

The intent of the Election Board is to conduct elections in compliance with procedures describe in the Election Ordinance and to ensure that the elections will be fair and objective and carried out in a timely manner. The Election Board is to ensure the secrecy and sanctity of the election process. The regulations and procedures stated in the ordinance shall be administered in such a way as to accomplish this purpose and intent.

The Comanche Alliance stands steadfast in our beliefs that the election process will be compromised by certain individuals on the Election Board. It is with this thought that the Comanche Alliance is filing a formal complaint against the Comanche Nation Election Board. This complaint is based on the Election Board’s negligence in handling the election process beginning with the preparation of the May 17, 2008 Primary Election through the June14, 2008 Run-Off Election. The Election Board’s ignorance of protocol in compliance with the Election Ordinance and the Constitution has resulted in the gross neglect of the Board’s duty to protect the rights of the candidates and the Comanche voters. It is the duty of the Election Board to conduct an unbiased, fair and equitable election.

We, the Comanche Alliance, believe that the Comanche Nation Business Committee played a part in the Election Board’s gross neglect of our tribal member’s rights by not monitoring the election process. There were no checks and balances during the election process. If the CBC did monitor the election process they would have detected the discrepancies and should have implemented proper changes. Every tribal member’s vote and the candidates right’s to protest should be treated with honesty, dignity and integrity. Personal beliefs and feelings on the part of the Election Board should not play a part in the election process. The whole election process is based on the Election Ordinance, the Constitution and the aptitude of the Board to properly interpret.

Alleged Discrepancies and/or Violations during the Primary Process of May 17, 2008:
The Election Board has12 elected people, two from each precinct. Ms. Noyebad. Christy DeCora and Carol Pewewardy were considered alternates. Alternates are only utilized when the elected member’s position became vacant. Comment: Why were these alternates allowed to hold permanent positions on the board which included them full pay as a permanent member?

It was noted that Ms. Noyebad boldly stated that only she and Chairman Coffey are in full control of the election board and the elections on daily bases. And that she gets all her orders from Chairman Coffey on what to do. This is in regard to the Primary and Run-Off Election when Board members questioned what was transpiring on the election process. Comment: The Election Board acts as a whole and is not a dictatorship. The Constitution does not specifically address the election process. but states that the Election Board falls under the authority of the Business Committee, not just the Chairman.

Ms. Noyebad was appointed as the Election Board Chairperson by Chairman Coffey April 18, 2008. It states in the Election Ordinance that the Election Board is to elect the board members. This process should have been conducted by the Election Board members.
In the Primary Election family members were allowed to sit at the ballot table and visit. This particular incident occurred at the Lawton precinct.

At the in-person absentee voting held on May 16, 2008 at the Comanche Nation headquarters only 44 ballots were issued for this site. When the 44 ballots were used, ballots were borrowed from the Oklahoma City and Anadarko precinct. These ballots would not and could not be inserted into the electronic voting machine because each precinct ballots were coded for individual precincts. Ms. Noyebad and Recorder, Ms. Terry did not ensure that the in-person voters would have adequate ballots. Inventory of the “borrowed” ballots was not conducted and accounted.

In the primary and run-off elections the absentee ballots were mailed out ten (10) days prior to the election dates. This did not provide the absentee voters adequate time to vote and return their ballots to the Election Board to be counted. Some voters “hand delivered” their ballots to the board. These ballots were not counted. Comment: Many voters were not provided the opportunity to vote, due to the Election Board not conducting the process in a timely manner. The voters were penalized for the board’s inadequacy to mail the ballots out on time.

Alleged Discrepancies and/or Violations during the Run-Off Election of June 14, 2008:
During the count of the Absentee Votes, the Election Board voted and declared that 18 Absentee ballots would not be counted. This decision was based on the fact that the arrows of some of the 18 ballots did not properly connect. Comment: Absentee Voters should be given every opportunity for their votes to count, because they only have one chance for their vote to be counted. Persons who vote at the polls are personally instructed on the proper procedure in casting their ballots. Some voters may have impaired eye-sight and not be able to connect the arrows. It seems the Absentee voters are penalized for living out of the area.

Also some of the envelopes containing the ballots were not signed, but the voters did print their names on the return envelope containing the ballot. These ballots were not counted. Comment: Some people may not be able to write and printing which ever way it is, that may be their form of signature. An elder person may/could have difficulty reading the directions, thus not following directions. Their vote is still important to them and their candidates. Four challenged votes were thrown out because they were not correctly marked.

Willie Nelson, a candidate, attempted to submit his protest letter and money on Tuesday, June 17, 2008. Acting Election Board Chairperson Noyebad gave notice to Bobby Nauni to fill-in as the acting chairperson for that day. On Monday June 16, 2008, Willie Nelson made every attempt to speak to Ms. Noyebad by telephone and she hung-up on him every time. Ms. Noyebad made sure she would not be available in the office to accept Mr. Nelson’s protest document and the $1,000 required. The Acting Chairperson of the board denied Mr. Willie Nelson his right to protest.

Ms. Noyebad made a statement that the Primary and Run-Off elections were over and that there would be no protest. It was heard by the people at the tabulation of the run-off. Comment: Ms.Noyebad made a decision on her own and blatantly denied the candidates their right to protest, which is the opposite of her duties.

Gwen Kerchee-Poahway is not an Election Board member but is allowed to sit in the election board office and conducts business as an elected board member. That should be the job of the Election Board Reporter.

As our CONSTITUTION states in ARTICLE II – PURPOSE, Section 1. To define,Establish and safeguard the rights, powers, and privileges of the tribe and its members. Section 3. To promote in other ways the common well-being of the tribe and its membership.

Also written, ARTICLE X – BILL OF RIGHT, Section 1. All members of the Comanche Indian Tribe shall enjoy without hindrance freedom of worship, conscience, speech, press, assembly, and association.

We the Comanche Alliance request that Mr. Nelson’s protest be accepted since he properly followed the protest procedures as stated in the Election Ordinance. It is very apparent that Ms.Noyebad did not properly accommodate Mr. Nelson, as defined in the Election Ordinance. Mr. Nelson must be granted his right to protest.

We also request that an audit be conducted based on the stated allegations/violations. In the audit we are requesting to see all election results, all Absentee Ballots that were not counted and want them to be opened, (all 18). Requesting to see the Challenge Ballots that were not counted. Requesting to see the Daily Ballot Tracking Log Sheets, Requesting to see any and all Requests for Absentee Ballots, those that were mailed-in, those that were phoned-in, those that were filled out in the Election Board office, Requesting inventory sheets filled out, Requesting for the date Ballots were mailed, any postage due Ballots, any record after deadline, were the newspapers notified of Election dates. Requesting to see the telephone bill of (580/512-7642) and is the phone being used for Election purposes. Need to know where the Ballot proofs were sent, learned these proofs were sent to Yonnie Terry’s personal E-mail, that is a NO-NO!! And the audit be conducted by an independent tabulator. We also request all the minutes of the Election Board concerning meetings and actions taken.

These are strong issues that need to be addressed and we should be given the courtesy to be heard.

Sincerely,
Glennetta Whitefeather,
Spokesperson
Comanche Alliance