If a panel of tribal judges orders that another election be held, Tribal Chairman candidate Derek J. Bailey has promised to run a different campaign the next time around.

Bailey's opponent, the incumbent Tribal Chairman of the Grand Traverse Band of Ottawa and Chippewa Indians, Robert Kewaygoshkum, was never the target of any overt criticism in the campaign leading up to the May 21 tribal election, according to Bailey.

That could change if the Tribal Judiciary rules in favor of Bailey’s motion to negate results of the Regular Election and schedule a new election, Bailey told the Enterprise last week.

“For the incumbent Tribal Chairman to say nothing about how poorly the May 21 election was conducted indicates something about his leadership style,” Bailey said. “Bob K. (Kewaygoshkum) has yet to say anything publicly about the way the Election Board slandered me and gave me no chance to respond to the accusations they made less than a day before the election. To me, that says the Tribal Chairman supports the actions that the Election Board took to defame me.”

As part of a Tribal Court complaint bringing charges of “impropriety” against the Election Board, Bailey notes that, as Tribal Chairman, Kewaygoshkum serves in a “supervisory capacity” over the Election Board including its chairman Sam Evans. Members of the election board are appointed by the elected Tribal Council.

“Sam Evans and Bob K. both have a communication style – everyone has a communication style,” Bailey noted. “And their style is to not communicate.”

Kewaygoshkum did not respond to a phone call or email message from a reporter requesting comment on this story.

Evans responded this week to an emailed inquiry from the Enterprise and stated: “The GTB Election Board has no comments at this time except to say a court case is pending and two dispute hearings have been held with the issues having been resolved.”

Tribal members Tom and Rosemary Antoine disagree.

Rosemary Antoine is one of four tribal members including Bailey who filed challenges following the May 21 election. The challenges have prevented the Election Board from certifying the election.

“I received a certified letter from the Election Board telling me to appear at a hearing on June 13,” Rosemary Antoine said. “Then I heard about Derek (Bailey) being ordered to appear at an Election Board hearing on June 10, so I showed up too just to see what would happen – and it turned out they started questioning me at that meeting and made a decision about my challenge – and I wasn’t even supposed to be there or call any witnesses until June 13. How they’re handling this just doesn’t make any sense,” she said.

Tom Antoine, a tribal elder and a recognized “cultural traditionalist,” said that new Election Regulations adopted by the tribe following a troubled 2006 election process specifically included references to “The Seven Grandfather Teachings” that emphasize the need for mutual respect, integrity and fairness.

“I just don’t think Sam Evans really understands The Seven Grandfather Teachings even though they are contained in our Election Regulations,” said Tom Antoine, a tribal government employee. “And if I’m fired from my job for speaking out about this, then everyone will know why.”

Bailey lost the May 21 election to Kewaygoshkum in an as-yet uncertified 233-210 vote.

“Just 12 swing voters could have changed the results of that election,” Bailey said. “How many of those 12 were influenced by the false accusations the Election Board emailed to everyone about me the day before the election?” he asked.

In ruling on a separate election challenge filed just before the Regular Election, the Election Board sent an email to all tribal employees suggesting that Bailey may have “wasted time” while using a government computer to view his campaign website during working hours.

Bailey was elected to the six-member Tribal Council in 2004 and must relinquish his seat on the council no matter the outcome of any determination by the Tribal Judiciary regarding his run for the Tribal Chairman’s seat or the results of any rescheduled election.

During the 2006 tribal election cycle, two of the top vote-getting candidates in the Primary Election were outsted from the Regular Election race for alleged campaign rules violations. Allegations of impropriety against the Election Board and a Tribal Court challenge in 2006 were followed by the sudden resignation of the chief judge and delayed the swearing in of newly elected and re-elected Tribal Council members until early 2007.