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A RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI SECTION 13 OF THE CHEROKEE NATION CONSTITUTION, PROVIDING FOR THE AMENDMENT FOR REPLACEMENT OF COUNCIL MEMBER DUE TO REMOVAL, DEATH, RESIGNATION OR DISABILITY
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WHEREAS, the Cherokee Nation, since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee People; and,
WHEREAS, the Constitution of the Cherokee Nation was approved by Commission of Indian Affairs on April 23, 2002 and ratified by the Cherokee people on July 26, 2003, after said Constitution was revised at a duly called Convention of Delegates as provided by law; and,
WHEREAS, The Cherokee Nation Tribal Council is approved by Article XV Section 2 of the Constitution to proposed constitutional amendments when the same are approved by a majority of all members of the Council and submitted to the people for their approval at a general election, or at a special election called for that purpose by a two-thirds vote of the Council; and,
WHEREAS, Article VI Section 13 of the Cherokee Constitution sets forth a procedure for replacing a Tribal Council member in the event of removal, death, resignation or disability; and,
WHEREAS, It would be beneficial for the Cherokee people to allow the Tribal Council members to select a member in the event that a minority of said term remains and allow for a special election if a majority of said term remains.
NOW, THEREFORE BE IT RESOLVED by the Cherokee Nation through its Tribal Council, that a proposed amendment to substitute language in Article VI Section 3 of the Cherokee Nation Constitution and that the same be submitted to the duly qualified registered voters of the Cherokee Nation setting forth the following questions:
REFERENDUM ON CONSTITUTIONAL AMENDMENT
There is hereby an amendment to the Constitution of the Cherokee Nation, pursuant to Article XV Section 2. Said Amendment would modify Article VI Section 3 and the section would read as follows:
In the case of removal, death, resignation or disability of any of Council member, such seat shall be filled by the candidate having the next highest number of votes in that district, who is available and willing to serve and whose eligibility is confirmed by the Election Commission. In the event no such candidate exists, the Council shall fill the vacated seat in the following manner: If a majority of the four-year term remains to be served, the Council shall authorize a special election in the district of the vacated seat to be conducted within ninety days; if a minority of the four-year term remains to be served, the Council shall elect a replacement who would otherwise be qualified to serve from the district of the vacated seat.
__________ Yes In favor of the Amendment
___________No Against the Amendment and keep the language the same