Cayuga Nation Submits Certified Election Results to BIA; Nation Expects Quick Approval for First Elected Government.

HAMBURG, N.Y. -- The Cayuga Nation of New York today submitted to the federal Bureau of Indian Affairs the certified results of its recent election. Newly elected Provisional Governing Council members are optimistic that BIA approval will be swift, and they are looking forward to getting to work on behalf of all Nation members. Just-elected council member Gary Wheeler said, "Our people have spoken. By a margin of 2-to-1, they support the Council as the representative of the Nation."

An Historic Election

The election, on May 11th, was the first democratic election in the Nation's history. Just over 30% of the Nation participated. This is historically very high for special elections and defies conventional wisdom about minority voting patterns and groups that previously have not had the opportunity to vote. Turnout in such cases is often in the single digits.

BIA Must Resolve Leadership Dispute

The purpose of the election was to resolve the Nation's long-standing struggle to establish legitimate representatives who can conduct the Nation's business with authority and with the support of Nation members. Despite the indisputable success of the election in addressing that imperative, a group of disgruntled opponents of the new council has launched a campaign of misinformation to discredit the election. However, newly-elected council members are confident that the BIA will base its decision on the facts, which strongly support the election process and outcome.

Election opponents have made a number of statements that are simply false. For instance, it has been said that the number of ballots sent out was upwards of 500. The falsity of that assertion was made clear by John Seibel, a representative of TrueBallot, Inc, the firm that managed the election. Seibel has confirmed that 348 ballots were sent out; with 299 Cayugas receiving ballots (49 were returned with invalid addresses). That means the 96 Cayugas who returned valid ballots represent 32% of voters.

In addition, opponents have tried to undermine the election by suggesting that an "outside entity," in particular, Empire Resorts, improperly funded the election. New council members deny the allegation, saying Nation funds were used appropriately, and Hilda Manuel, Senior vice president for Empire, categorically denies any impropriety. "Empire has advanced funds to the Cayuga Nation from time-to-time to help the Cayugas fund governmental activities not covered by other resources. The last time we transferred money was in January, well before the Nation even considered an election," said Manuel. Manuel is a Tohono O'odham tribal member who was a former deputy commissioner of Indian Affairs at the BIA. Ms. Manuel continued, "We encourage and support any examination of a process that has led to an independent, open and transparent exercise of the Cayuga people's right to vote."

Empire has had a longstanding development agreement with Empire Resorts for the construction of the Cayuga Catskill Resort at Monticello Raceway and which allows Empire to advance funds to the Nation periodically.

Experienced Balloting Firm Manages a Smooth Election

The election was managed by TrueBallot, Inc., an experienced and highly reputable national firm that has helped many of the country's major organizations and groups, including the American Bar Association and the AFL-CIO, elect their leadership. The firm used digital verification techniques as well as a visual auditing system open to any interested observer to ensure a fair and accurate count of all ballots. "Our elections are completely transparent. Everyone who wanted to could see how all the ballots were counted," said TrueBallot official John Seibel. The firm certified the tally in favor of the Provisional Governing Council with 64% of voters marking "yes."

The New Government

New council members pledge they will work hard to get the input of all Nation members, and establish procedures for electing a permanent governing council. "A voice for all Cayugas - and stringent accountability. That's our pledge to Nation members," Mr. Michael W. Wheeler stated.

The first order of business for the new government will be to set up a more open and responsive means for Cayugas to communicate with their new representatives. The Provisional Council feels the first goal is to get everyone all the information they need to make informed decisions about the future of the Nation. Then council members can begin to confront the challenges facing the Nation, including protecting Nation businesses, completing the land claim settlement with the State of New York and advancing the Nation's development agreement with Empire Resorts {NASDAQ:NYNY}, which allows for construction of the Cayuga Catskill Resort at Monticello Raceway.