Council of the Cherokee Nation - File #: 11-002

• File #: 11-002
• Version: 3
• Name: N/A
• Type: Resolution
• Status: Passed
• File created: 1/12/2011
• In control: TRIBAL COUNCIL
• On agenda: 3/14/2011
• Final action: 3/13/2011
• Enactment date: 3/14/2011
• Enactment #: R-21-11
• Title: A RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI SECTION 13 OF THE CHEROKEE NATION CONSTITUTION, PROVIDING FOR SPECIAL ELECTIONS FOR VACANCIES IN THE TRIBAL COUNCIL IN CASE OF REMOVAL, DEATH, RESIGNATION OR INABILITY TO DISCHARGE THE POWERS AND DUTIES OF OFFICE; SUPERCEDING RESOLUTION 80-08
• Sponsors: Jodie Fishinghawk, Jack D. Baker, Chuck Hoskin Jr.
• Indexes: Constitutional Amendment, Election, Tribal Council, Vacancy
• Related files: 08-112, CNC-1999

Date	Ver.	Action By	Action	Result
3/21/2011	3	OFFICE OF THE CHIEF	Signed
3/14/2011	3	TRIBAL COUNCIL	Approved	Pass
2/24/2011	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass
2/14/2011	1	TRIBAL COUNCIL	Referred	Pass
1/27/2011	1	RULES COMMITTEE	Approved and Forwarded to Council

Title
A RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI SECTION 13 OF THE CHEROKEE NATION CONSTITUTION, PROVIDING FOR SPECIAL ELECTIONS FOR VACANCIES IN THE TRIBAL COUNCIL IN CASE OF REMOVAL, DEATH, RESIGNATION OR INABILITY TO DISCHARGE THE POWERS AND DUTIES OF OFFICE; SUPERCEDING RESOLUTION 80-08
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people; and,

WHEREAS, a Constitution of the Cherokee Nation was approved by the Commissioner of Indian Affairs on September 5, 1975, seconded by Principal Chief Ross O. Swimmer on October 2, 1975, and ratified by the Cherokee people on June 26, 1976; and,

WHEREAS, that Constitution of the Cherokee Nation provided that a Constitutional Convention be held in twenty (20) years if the Cherokee people elected to convene such Convention, and the Cherokee people elected to convene said Convention by a vote of the people in 1995; and,

WHEREAS, a Constitution of the Cherokee Nation was approved by the duly called Convention of Delegates in 1999 as provided by law; and,

WHEREAS, that Constitution of the Cherokee Nation was ratified by the Cherokee people on July 26, 2003; 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 Nation Constitution requires that vacancies of the Tribal Council be filled in the following manner:

In the case of removal, death, resignation or disability of any 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 ...