Saturday January 10 Special Election Cancelled By Appellate Body’s Ruling That Trial Body’s Decision Is “Clearly Erroneous” & “Against The Weight Of The Evidence”

The Oneida Tribal Judicial System’s Appellate Body has issued a new Stay against the Special Election to address the Oneida Business Committee vacancy that was unlawfully scheduled for Saturday, January 10, 2015.

The Oneida Tribe of Indians of Wisconsin’s website says:

The Special Election scheduled for Saturday, January 10, 2015 has been cancelled until further notice. January 6, 2015, the Oneida Election Board received an initial review decision from the Appellate Court accepting the appeal and issuing a new stay. This is the second cancellation of this special election.

The Appellate Body ruled in their Initial Review Decision that the Trial Body’s decision to lift the Stay and allow the Oneida Election Board and Oneida Business Committee to set a date for a secondary election was:

…clearly erroneous and is against the weight of the evidence presented at the [Trial] hearing level.

Further, the Appellate Body decided:

There is exhibited a procedural irregularity which would be considered a harmful error that may have contributed to the final decision, which if the error had not occurred, would have altered the final decision.

• January 6, 2015 Appellate Body Initial Review Decision, Docket # 14-AC-018, Cornelius, Debraska, Dodge & Graham v. OBC, Oneida Election Board & Oneida Law Office

See also:

• Appeal Filed Requesting Stay Of Unlawfully Scheduled January 10, 2015 Special Election To Address OBC Vacancy