Visintin v. Ho-Chunk Nation Election Board

7 Am. Tribal Law 280
CourtHo-Chunk Nation Trial Court
DecidedDecember 16, 2008
DocketNo. CV 08-86
StatusPublished
Cited by1 cases

This text of 7 Am. Tribal Law 280 (Visintin v. Ho-Chunk Nation Election Board) is published on Counsel Stack Legal Research, covering Ho-Chunk Nation Trial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Visintin v. Ho-Chunk Nation Election Board, 7 Am. Tribal Law 280 (hochunkct 2008).

Opinion

[281]*281ORDER

(Granting Motion to Dismiss)

TODD R. MATHA, Chief Judge.

INTRODUCTION

The Court must determine whether to grant the defendant’s motion to dismiss. [282]*282The plaintiff failed to articulate basic facts and circumstances within her initial pleading, and subsequently provided untenable causes of action within a discovery document. The Court, therefore, dismisses the election challenge.

PROCEDURAL HISTORY

The Court recounts the procedural history in significant detail in a previous judgment. Scheduling Order, CV 08-86 (HCN Tr. Ct„ Dec. 1, 2008) at 1. For purposes of this decision, the Court notes that the defendant, Ho-Chunk Nation Election Board (hereinafter Election Board), by and through Ho-Chunk Nation Department of Justice (hereinafter DOJ) Attorney Michelle M. Greendeer, submitted its Answer & Motion to Dismiss on December 2, 2008, which constituted an untimely filing.1 See Ho-Chunk Nation Rules of Civil Procedure (hereinafter HCN R.'Civ. P.), Rules 19(A), 76(A). To facilitate the prompt resolution of this matter, the Court scheduled a Pre-Trial Hearing. Scheduling Order at 2.

The Court convened the Hearing on December 2, 2008 at 2:30 p.m. CST. The following parties appeared at the Pre-Trial Hearing: Gloria J. Visintin, plaintiff (by telephone); Judith A. Whitehorse, defendant’s designated representative; and DOJ Attorney Michelle M. Greendeer, de-. fendant’s counsel. At the Hearing, the Court established deadlines for the filing of an amended complaint,2 amended responsive pleading,3 and amended disposi-tive motion, if necessary.4 Additionally, the Court tentatively scheduled a Motion Hearing in the event the defendant reasserted its Motion to Dismiss.5

On December 3, 2008, the plaintiff filed her mandatory discovery disclosures. See Scheduling Order at 1. The following day, the plaintiff submitted her Answer to Defendant’s Interrogatories, which the defendant presented on December 3, 2008. The [283]*283defendant filed an Amended Answer and Reassertion of Motion to Dismiss on December 5, 2008, thereby necessitating a Motion Hearing. The Court convened the Hearing on Tuesday, December 9, 2008 at 1:30 p.m. CST.6 The following parties appeared at the Hearing: Gloria J. Visintin, plaintiff (by telephone); Judith A. Whitehorse, defendant’s designated representative (by telephone); and DOJ Attorney Michelle M. Greendeer, defendant’s counsel.

APPLICABLE LAW

CONSTITUTION OF THE HO-CHUNK NATION (Reprinted Jan. 25, 2008)

Art. V—Legislature

Sec. 1. Composition of the Legislature.

(b) The Legislature shall be composed of Representatives from the following Districts, subject to Section 4 of this Article: the Black River Falls District, consisting of Clark, Eau Claire and Jackson counties, which shall elect three (3) members; the Wisconsin Dells District, consisting of Wood, Juneau, Adams, Columbia, and Sauk counties, which shall select three (3) members; and the La Crosse-Tomah District, consisting of La Crosse, Monroe, Vernon, and Crawford counties, which shall elect one (1) member; and the Wit-tenberg District, consisting of Marathon and Shawano counties, which shall elect one (1) member; and three (3) members which shall be elected at-large from outside the Districts listed above.

Sec. 4. Redistricting or Reapportionment The Legislature shall have the power to redistrict or reapportion including changing, establishing, or discontinuing Districts. The Legislature shall maintain an accurate census for the purposes of redistricting or reapportionment. The Legislature shall redistrict and reapportion at least once every five (5) years beginning in 1995, in pursuit of one-person/one-vote representation. The Legislature shall exercise this power only by submitting a final proposal to the vote of the people by Special Election which shall be binding and which shall not be reversible by the General Council. Any redistricting or reapportionment shall be completed at least six (6) months prior to the next election, and notice shall be provided to the voters.

Sec. 6. Terms of Office. Members of the Legislature shall serve four (4) year terms which shall be staggered. Legislators shall represent their respective Districts until their successors have been sworn into office except if the Legislator has been successfully removed or recalled in accordance with this Constitution. Members of the Legislature shall be elected by a majority vote of the eligible voters from their respective Districts.

Art. VI—Executive

Sec. 5. Term of Office. The President shall serve four (4) year terms. The President shall serve until a successor has been sworn into office. The President shall be elected by a majority of the eligible voters of the Ho-Chunk Nation.

Art. VII—Judiciary

Sec. 7. Powers of the Supreme, Court.

(b) The Supreme Court shall have the power to establish written rules for the Judiciary, including qualifications to practice before the Ho-Chunk courts, provided such rules are consistent with the laws of the Ho-Chunk Nation.

[284]*284Sec. 10. Election of Supreme Court Justices. Supreme Court Justices shall be elected by a majority of the eligible voters of the Ho-Chunk Nation, in accordance with the General Election provisions of Article VIII, Section 1, unless otherwise provided.

Art. VIII—Elections

Sec. 2. Special Elections. Special Elections shall be held when called for by the General Council, the Legislature, or by this Constitution or appropriate ordinances. In all Special Elections, notice shall be provided to the voters.

Sec. 4. Election Board. The Legislature shall enact a law creating an Election Board. The Election Board shall conduct all General and Special Elections. At least sixty (60) days before the election, the Election Board may adopt rules and regulations governing elections. Election Board members shall serve for two (2) years. Election Board members may serve more than one term. The Legislature may remove Election Board members for good cause.

Sec. 7. Challenges of Election Results. Any member of the Ho-Chunk Nation may challenge the results of any election by filing suit in Tribal Court within ten (10) days after the Election Board certifies the election results. The Tribal Court shall hear and decide a challenge to any election within twenty (20) days after the challenge is filed in Tribal Court.

Art. XIII—Amendments

Sec. 1. Requirements. This Constitution may be amended by a majority vote of the qualified voters of the Ho-Chunk Nation voting at an election called for that purpose by the Secretary of the Interior, provided, that at least thirty (30) percent of those entitled to vote shall vote in such election; but no amendment shall become effective until approved by the Secretary of the Interior or until deemed approved by the Secretary by operation of law.

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Bluebook (online)
7 Am. Tribal Law 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/visintin-v-ho-chunk-nation-election-board-hochunkct-2008.