Mosay, Ken and Mary Washington v. Minneapolis Area Director, 27 IBIA 126 (1995)

Extract

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Mosay, Ken and Mary Washington v. Minneapolis Area Director, 27 IBIA 126 (1995)

Appeal from a decision recognizing the results of a tribal election.

Affirmed.

1. Board of Indian Appeals: Generally--Indians: Tribal Government: Judicial System--Indians: Tribal Powers: Tribal Sovereignty

In a case where exhaustion of tribal remedies is required, appellants before the Board of Indian Appeals cannot avoid the requirement simply by alleging that the tribal court lacks jurisdiction over the matter at issue. Instead, they must take the matter to the tribal court so that the court may determine its own jurisdiction.

2. Indians: Civil Rights: Indian Civil Rights Act of 1968--Indians: Tribal Government: Elections

In implementing the government-to-government relationship with an Indian tribe, the Bureau of Indian Affairs has the authority and responsibility to decline to recognize the results of a tribal election when the election was tainted by a violation of the Indian Civil Rights Act, 25 U.S.C. § 1302 (1988). The fact that the Bureau...

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