Title
AN ACT PROHIBITING ELECTED OFFICIALS FROM APPEARING OR PARTICIPATING IN MEDIA ADVERTISEMENTS CONDUCTED OR PAID FOR BY CHEROKEE NATION OR ITS ENTITIES DURING ELECTION PERIODS
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the "The Cherokee Nation Elected Officials' Advertising Ethics Act of 2010" and codified under Title ______ Section _______ of the Cherokee Nation Code Annotated (CNCA).
Section 2. Purpose
The purpose of this Act is to prohibit the participation of elected officials in advertisements paid for or produced by the Cherokee Nation government or its entities during periods of Cherokee Nation elections.
Section 3. Legislative History
Article VI Section 7 of the Cherokee Nation Constitution which states: "The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution. The style of all bills shall be: "Be It Enacted By the Cherokee Nation". The style of all resolutions shall be "Be It Resolved By the Cherokee Nation".
Section 4. Definitions
Advertisement: For the purpose of this Act, advertisement shall mean any commercial or public service announcements, whether published in print, electronically, by audio or video, produced or paid for by the Cherokee Nation government or its entities, but excluding:
1. Public service announcements, whose primary purpose is to identify elected official, the office which he or she holds, the function of that office and biographical information about the elected official;
2. Any print, audio, video depiction of an elected official whose primary purpose is to educated elected officials or other local, state, federal or tribal policy makers about a matter of public policy.
Appear, Appearing or Participation means: Visual or voice or any likeness thereof being used in any fashion in advertisements as defined in this Act.
Publication or Publish means: The display, broadcast or dissemination to the public of any advertisement by or at the direction of Cherokee Nation or its entities.
Cherokee Nation Entities means: Means all boards, commissions, operations and agencies owned wholly or in part by the Cherokee Nation.
Elected Officials means: The Principal Chief, Deputy Principal Chief and all members of the Council of the Cherokee Nation, including those individuals who have been appointed to serve the remainder of a term of office that has been vacated for any reason and the elected official's immediate family members.
Section 5. Substantive Provisions of Law
1. Prohibition: During the period beginning six months prior to the conduct of any regular or special election, or beginning on the date on which the date of such election has been determined, whichever period is shorter, no elected official of the Cherokee Nation shall appear in an advertisement within the meaning of Section 4 of this Act.
2. Election Commission Investigation and Enforcement
a) If it is determined by the Cherokee Nation Election Commission that a violation of this Act has occurred:
i. The Commission shall impose on the Elected Official, and on the Cherokee Nation Entity if the entity is found to be responsible for publication of the advertisement, a fine of no less than $250 and no more than $5,000, and shall impose an order that the offending parties cease and desist violating the Act.
ii. The Commission shall, in cases where the Elected Official appearing in the advertisement is also a candidate in the Cherokee Nation election, charge the Elected Official with having received, and charge the Cherokee Nation or responsible Cherokee Nation Entity with having made, a campaign contribution within the meaning of LA-06-10 and based on the fair market value of the advertisement(s) found to have constituted a violation of the Act. To the extent such in-kind contributions violates any provisions of LA-06-10, the Commission shall include in its determination a finding of such violation.
b) Determinations of the Cherokee Nation Election Commission may be appealed to the Cherokee Nation Courts in accordance with Title 26 of the Cherokee Nation Code.
c) The Cherokee Nation Election Commission shall adopt rules and regulations to administer and enforce this Act, including but limited to the adoption of a Charge form on which any citizen of the Cherokee Nation may allege a violation of this Act and initiate an investigation by the Commission.
3. Injunctive Relief: Any citizen of the Cherokee Nation, having first filed a charge with the Election Commission alleging a violation of this Act, may seek to temporarily enjoin, by petitioning the Cherokee Nation District Court, the publication of any advertisement for which there is reasonable cause to believe such advertisement constitutes a violation of this Act. The District Court, upon good cause shown, shall issue an order temporarily enjoining publication of the advertisement and the payment of attorney fees and court costs by the defendant(s) to the plaintiffs.
4. Time Limitations: Neither the Commission nor the District Court shall enforce any provision of this Act based on conduct occurring more than six months prior to the filing of a charge alleging a violation.
Section 6. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 7. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Effective Date: Emergency Declared
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect immediately upon its approval and signatures.