There will be no new election for the seat representing Scotland County Lumbee Indians on the Tribal Council.

The Lumbee Supreme Court determined last week that a new election was not necessary in the District 12 race between incumbent Shelley Strickland and challenger Luther Strickland. The incumbent won with 289 votes to Luther Strickland’s 205 votes.

Luther Strickland filed a petition seeking a new election on the grounds of returned absentee ballots and allegations of double voting and out-of-district voting.

Several absentee ballots cast by tribal members District 12 were returned because of a computer problem, tribal election officials said. A computer showed that the tribe had not paid its fee for a mailbox to receive the ballots. However, an election official said the tribe had paid the fee for the box. The problem was not caught until a week before the Nov. 18. election

Luther Strickland told the court that at least 100 absentee ballots were unaccounted for, and some ballots were returned twice.

The court disagreed, but did grant a new election on Feb. 5 for District 6. The Court determined there were enough irregularities to require another vote. Jimmy Strickland defeated James Deese in that election.

It was also learned last week, that passage of a Lumbee Federal recognition ill will be an uphill battle because the Cherokee Tribe of Western North Carolina is against it. Approval would bring million in federal assistance to the counties where Lumbee Indians reside.

“It will take diligent work to fight our Cherokee brothers,” Council member Ray Littleturtle said. “They have a lot of casino money and they aren’t afraid to spend it on lobbyists.”

The bill is identical to one that passed the House in June 2007 by a two-thirds majority. It would prohibit the tribe from participating in gaming.

Rep. Nick Rahall II, chairman of the House Committee on Natural Resources, is one of the bill’s co-sponsors. The committee has made it a legislative priority to recognized the Lumbee tribe and six Indian tribes in Virginia, according to the committee’s Web site.

Littleturtle said he expects newly-elected U.S. Sen. Kay Hagan to co-sponsor a bill on the Senate side. The biggest challenge for the tribe has been in the Senate. The bill did not make it to the floor last year for a vote.

“Kay Hagan is for us, but her office is a madhouse right now,” Littleturtle said. “She needs to get settled in up there.”

It was 53 years ago that Congress passed a bill that recognized Lumbees as American Indians, but did not provide benefits.

Council members also heard Health and Human Services Committee Chairman Steve Sampson follow up on comments he made at the December meeting that an assessment conducted by UNC Hospitals concluded that heart disease is the No. 1 health issue among the Lumbee people.

Sampson re-emphasized that council and tribal members needed to take advantage of free health screenings being offered to the Lumbee Tribe, noting that members with a 50 percent or higher heart blockage may be eligible for free treatment from Duke as part of a research project.

Sampson also reiterated that training is available for members of the tribe to

In other business the Tribal Council learned that 4,527 Lumbee households will be receiving energy assistance checks between $73 and $276 in February to help with utility bills.