Despite challenges by other candidates, Theresa "Huck" Two Bulls and Alice Perkins will be on the ballot for the Nov. 4 Oglala Sioux Tribe election.

Two Bulls is running for tribal president against Russell Means, who filed a complaint challenging her eligibility. He cited tribal law that prohibits elected tribal officials from also holding state offices or serving on state or county boards.

Two Bulls, who was elected to the South Dakota State Senate in 2004, also is seeking re-election to the District 27 Senate seat on the state general election ballot.

Two Bulls could not be reached for comment Thursday.

But tribal election commission chairman Sidney Witt said Two Bulls is aware of the conflict of interest. He said she told him that if re-elected, she would not accept the Senate seat if she also is elected tribal president.

"(The tribal ordinance) doesn't prohibit someone from running," Witt said. "It just warns them that if they are successful, they can't hold two offices."

In addition, Means' challenge - which was filed Wednesday - missed a Sept. 19 deadline for challenging candidates on the ballot and an Oct. 17 deadline for challenging results of the Oct. 7 primary election, Witt said. The complaint was ultimately dismissed on that basis.

In the complaint, Means asked that Two Bulls be taken off the Nov. 4 ballot. Had that happened, the third place vote-getter in the primary election, incumbent John Yellow Bird Steele, would have taken her place.

The election commission's decision can be appealed, with the Oglala Sioux Tribe Supreme Court having the final say, Witt said.

In the vice presidential election, primary results showed incumbent William "Shorty" Brewer with 888 votes, Perkins with 648, and Tom Poor Bear with 640. Poor Bear requested a recount, which Witt said would have been automatic because the race was so close.

The recount showed Perkins received 653 votes to Poor Bear's 647, so Perkins will remain on the ballot.

Meanwhile, Pass Creek District incumbent Ron Duke is off the ballot but arguing that decision. The top four vote-getters in the Pass Creek primary election were slated to advance to the general election to vie for two seats on the Oglala Sioux Tribal Council. Preliminary election results showed Lydia Bear Killer with 117 votes, James Cross with 93, Anna Salomon with 61 and Duke with 57.

However, under tribal law, any candidate who receives a majority vote in the primary automatically wins a berth in the general election. With 232 votes cast in the district, Bear Killer received half as many votes, plus one. That means Cross and Salomon will advance to the general election for the second Pass Creek council seat.

Witt, a retired tribal judge, said the commission and tribal attorney Mario Gonzalez agree that "majority" means "one more than half." Duke and his attorney, former tribal judge Lisa Adams, maintain that "majority" means "51 percent."

Witt said the tribal supreme court could end up ruling on the matter.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com