The Secretarial Election Board:
(a) Uses the list provided in the tribal request as the basis for the Eligible Voters List;
(b) Assembles and mails the Secretarial Election Notice Packet at least 30 days, but no more than 60 days, before the date of the Secretarial election to all persons on the Eligible Voters List;
(c) Confirms that registration forms were received on or before the deadline date;
(d) Retains the completed registration form as part of the record;
(e) Develops the Registered Voters List for posting;
(f) Where the election is conducted entirely by mailout ballot, notes on a copy of the Registered Voters List, by the individual's name, the date the ballot was mailed, and the date the ballot was returned; and
(g) Where polling sites are required and an individual requests an absentee ballot, notes on a copy of the Registered Voters List, by the individual's name, the date his or her absentee ballot request was received, the date the absentee ballot was mailed, and the date the absentee ballot was returned.
Notes of Decisions
Sandra Thomas v. United States of Am., 189 F.3d 662 (7th Cir. 1999).
· cites it 3× “25 C.F.R. § 81.22 . The Secretary has 45 days to resolve these election contests, conduct an independent review, and approve or disapprove the election.”
Thomas v. United States, 141 F. Supp. 2d 1185 (W.D. Wis. 2001).
· cites it 6× “” 25 C.F.R. § 81.22 (Emphasis in original).”
Rosales v. United States, 477 F. Supp. 2d 119 (D.D.C. 2007).
· cites it 2× “The Board rejected the challenge to the Secretarial election of 1996 on narrow pro- *125 eedural grounds, concluding that Plaintiffs were not qualified voters entitled to challenge the election’s results under 25 C.F.R. § 81.22 . Rosales II, 34 I.B.I.”
Shakopee Mdewakanton Sioux (Dakota) Cmty. v. Babbitt, 107 F.3d 667 (8th Cir. 1997).
· cites it 9× “25 C.F.R. § 81.22 . The regulation does not enumerate permissible grounds for challenges, and the Secretary may order a new election if he or she decides that the objections are valid.”
Kickapoo Tribe of Oklahoma v. Lujan, 728 F. Supp. 791 (D.D.C. 1990).
“Two timely challenges to the election were filed pursuant to BIA regulations, 25 C.F.R. § 81.22 (1988), but both were reviewed and denied.”
Blackbear v. Norton, 93 F. App'x 192 (10th Cir. 2004).
“See 25 C.F.R. § 81.22 . Until plaintiffs make such a filing, exhaust administrative remedies, and present this court with a final agency action, their claims regarding legitimate tribal leadership will meet the same fate as those concerning the fuel storage lease.”
Bullcreek v. United States Dep't of the Interior, 426 F. Supp. 2d 1221 (D. Utah 2006).
“and rather that a decision on a specific election outcome, in a previous appeal of a related case, the Tenth Circuit, recognizing that ''[s]everal elections and recall elections have led to bitter disputes over tribal leadership,” stated that "the proper method for contesting…”
Rosales v. United States, 275 F. App'x 1 (D.C. Cir. 2008).
“But as the district court held, because plaintiffs were not registered to vote in the 1996 election, under 25 C. F.R. § 81.22 they were ineligible to challenge it before the Interior Board of Indian Appeals.”
Lucero v. Lujan, 788 F. Supp. 1180 (D.N.M. 1992).
· cites it 2× “See 25 C.F.R. § 81.22 . On November 2,1990, petitioners filed this petition requesting that I grant a temporary restraining order and preliminary and permanent injunctions to restrain the Secretary from ratifying and approving the Secretarial election results.”
Channing v. Seneca-Cayuga Nation (N.D. Okla. 2025).
· cites it 2× “25 C.F.R. § 81.22 (b). While the regulations state that the tribe compiles the Eligible Voters list, id.”
Hudson v. Jewell (D.D.C. 2020).
“” 25 C.F.R. § 81.22 (1985). The Secretary has 45 days to resolve election contests, conduct an independent review and approve or disapprove the election, but the scope of review is limited to ensuring the amendments comply with applicable federal law.”
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