Tahlequah, Okla. – Bill John Baker, the defeated candidate in the June 25th race for Principal Chief of the Cherokee Nation of Oklahoma, filed on Tuesday an injunction with the tribe’s top court seeking election documents, an effort to challenge the certified results.

Baker, a tribal councilman who challenged four-term incumbent Chad Smith in the race, is seeking a copy of the election certificate of vote with certified results divided by district including absentee ballots. He is also seeking documents detailing how the Cherokee Nation Election Commission concluded that Smith had won the race after declaring Baker the victor.

“The election commission expressly refuses to provide this information without an order from this court,” Baker states in the 22-page document filed with the Cherokee Nation Supreme Court. “And as a result, (Baker’s) ability to prepare and file a petition for recount is impaired.”

It’s true that a cloud of uncertainty remains over the race for principal chief in the Cherokee Nation of Oklahoma caused by the declaration of two different winners.

The election produced the closest voting results in the tribe’s history. The Cherokee Nation Election Commission initially named Baker, the tribal councilman challenging four-term incumbent chief Smith, as the unofficial winner of the principal chief election by a margin of 11 votes. The election commission reversed the decision on June 27 and declared Smith the winner by seven votes.

The sudden reversal stirred rampant rumors across the Cherokee Nation regarding the origin of the extra, race-changing ballots. Roger Johnson, commission chairman, said the first results were unofficial. Baker still has time this week to challenge the results.

“We published and we presented to the public unofficial results that showed Mr. Baker winning by 11 votes,” Johnson said.

Johnson said the election commission, which originally called the election in Baker’s favor, canvassed the results the next morning. The recalculations revealed an error. Smith had actually won by seven votes, receiving 7,609 votes against Baker’s 7,602.

Baker, the challenger, said after the commission reviewed the challenged ballots they declared him the winner. Baker said the commission, having spent all night sorting through ballots, sent everyone home because ballot counting was over. Baker said commission members then said they were tired and hungry so they would certify the results after taking a break.

Baker said he went home thinking it was over and he had won until he got to his office after attending a meeting the next morning.

He said the election commission members claimed they came back Monday morning and found a number that was incorrectly recorded and the revision took Smith from 11 votes behind to seven votes ahead.

Baker said he was shocked and dismayed by the sudden change in the voting numbers.

“I’m not saying anybody did anything wrong but, they’re not giving the explanation of where [the numbers] came from, or they haven’t yet,” Baker said.

Johnson said the number change was a result of the canvassing and that the CNEC would not comment on the particulars.

“There are a lot of things being told out there,” Johnson said. “There are a lot of speculations and lots of untruths.”

Baker said he just wants a fair shake and that the election commission should have certified the results after the review of the challenged ballots, before taking a break. Any mistake would have been found in a recount.

“We anticipate there is going to be a recount and the results of that recount will show where those errors were made,” Johnson said.

Baker has two days after the results were made official to protest and ask for a recount. Since the results were certified on June 27, the deadline for such a request is June 29.

Prior to filing with the Supreme Court, Baker issued a statement that he would absolutely be demanding a recount and would fight the new ruling.

“Our lawyers are working on it,” Baker said. “They’re looking at every mathematical possibility and logistical possibility.”

Baker said his camp is “looking at every avenue of the election to see what our options are, whether it is a straight recount or a challenge.”

Chief Smith did not return a phone call in order to comment on the developments and the new results of the election

Other Election Day results placed Smith’s running mate Chris Soap in a runoff with Joe Crittenden for the deputy chief office. Cherokee citizens also voted on three separate questions. The two questions proposing the elimination of term limits for the offices of chief and deputy chief and also, tribal councilors were voted down. The question requiring the Cherokee Nation to hold special elections for offices vacated with more than a year left on their term was approved.