A man who lost a tribal election says the vote would have been tied if two servicemen had received absentee ballots in time.

Fred Fox, who trailed incumbent Frank White Calfe by a two-vote margin in the November election for a seat representing the White Shield segment on Three Affiliated Tribes' tribal council, has taken the matter to tribal court, where a formal hearing will be scheduled.

Tribal Chief Judge Vance Gillette ruled last week that a second election for the White Shield should be held because the two servicemen were denied their constitutional right to vote.

However, that court ruling is in dispute and tribal spokeswoman Vonnie Alberts said now it appears another court hearing with a different judge will be held because White Calfe was not present at the first one.

Fox alleges that had servicemen Forest Two Crow and Duane Bowen received their absentee ballots in time, the election outcome would have been different.

He lost by 194 to White Calfe's 196, an outcome verified by the tribal election board. White Calfe continues to serve on the tribal council while the election is disputed, Alberts said.

Fox said the election board received the absentee ballot applications on or about Oct. 20, but the election board told the court they were received Oct. 29 and delivered to Federal Express the following day.

The servicemen apparently received their absentee ballots Nov. 3, for the Nov. 4 general election.

In other tribal election news, a special election was held Tuesday for the Mandaree segment tribal council seat, because one of the candidates in the primary election later failed to meet residency requirements.

As a result, the general election had to serve as a new primary to narrow the field for Tuesday's special election.