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File #: 08-112    Version: 1 Name: N/A
Type: Resolution Status: Superseded
File created: 8/18/2008 In control: RULES COMMITTEE
On agenda: 8/28/2008 Final action: 9/13/2008
Enactment date: 9/13/2008 Enactment #: R-80-08
Title: 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
Sponsors: Jack D. Baker
Indexes: Constitutional Amendment, Council Member, Tribal Council
Code sections: N/A - Not Applicable
Attachments: 1. R-80-08
Related files: TMP-069, 11-002
Title
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
Body
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 cas...

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