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File #: CNCA-26    Version: Name: TITLE 26 - ELECTIONS
Type: Cherokee Nation Code Status: Passed
File created: 1/1/2014 In control: TRIBAL COUNCIL
On agenda: N/A Final action: N/A
Enactment date: N/A Enactment #: N/A
Title: TITLE 26 ELECTIONS (INCLUDES 2016 POCKET PART)
Sponsors: N/A
Indexes: CNCA, Code, Election, Election Board Commisison, Election Commission, Election Law, Election Law Reform
Code sections: Title 26 - Elections
Attachments: 1. TITLE 26 - Elections.pdf, 2. TITLE 26 - Elections pocket part.pdf
Related files: 16-025, 19-009, 14-004, 14-059, TMP-386, 20-089
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Title

TITLE 26 ELECTIONS (INCLUDES 2016 POCKET PART)

Body

1.                     Supervisory Bodies and Election Services Office

2.                     Qualifications and Registration of Voters

3.                     Qualifications of and Filing By Candidates

4.                     Disclosure of Campaign Finances

5.                     Conduct of Elections

Oklahoma Statutes

Election Code, see 26 O.S. § 1-101 et seq.

 

 

 

 

 

 

Section

1.                     Purpose

2.                     Authority

3.                     Definitions

 

CHAPTER 1 GENERAL PROVISIONS

4.                     Tenure of elected officials 5 to 10. Reserved

 

 

Filling of vacancies, see 19 CNCA § 3.

 

§ 1. Purpose

 

 

Cross References

This Title is adopted for the purpose of conducting all Cherokee Nation elections, for Principal Chief, Deputy Principal Chief, Council, Constitutional amendments, initiatives and referenda of the Cherokee Nation.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

 

§ 2. Authority

Library References

This Title is enacted pursuant to Article IX, Section 1 of the Constitution of the Cherokee Nation ruled effective by the Cherokee Nation Supreme Court on July 26, 2003.

History

Source. LA 06-10, eff. February 23, 2010.                     Amended. LA 46-12, eff. December 17, 2012.

 

25                     CNCA § 2

ELECTIONS

 

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

§ 3. Definitions

For purposes of this Title, the following terms shall be defined as follows:

1.                     At-Large Registered Voter. ‘‘At-Large registered voter’’ means a person who is a citizen of the Cherokee Nation, under the age of twenty-five (25) residing outside of the jurisdictional boundaries of the Cherokee Nation, who has not previously registered to vote, and fails to choose a single district upon the time of their first registration; and citizens age twenty-five

(25) and older residing outside of the boundaries not registered to vote at the time of the first election to fill At-Large Council seats pursuant to Article VI, Section 3 of the Cherokee Nation Constitution.

2.                     Ballot Box. ‘‘Ballot Box’’ means the locked box or electronic counting device in which ballots are inserted when votes are cast or any transfer case used for ballots inserted in an electronic counting device.

3.                     Candidate. ‘‘Candidate’’ means a person who has raised funds and/or accepted in-kind contributions in excess of One Thousand Dollars ($1,000.00) or has filed and is qualified to run in an election to  hold  elective office in the Cherokee Nation, in accordance with 4 CNCA

§§ 31-34 of this Act and in accordance with the Cherokee Nation Constitu- tion.

4.                     Citizen of the Cherokee Nation. ‘‘Citizen of the Cherokee Nation’’  means a person enrolled as a citizen of the Cherokee Nation pursuant to 11 CNCA §§ 11-14.

5.                     Computer Technology. ‘‘Computer technology’’ shall include electronic hardware and software.

6.                     Constitutional Amendment. ‘‘Constitutional amendment’’ means Con- stitutional amendment(s) proposed by the Cherokee Nation Council that are submitted to the registered voters of the Cherokee Nation for the purposes of voting on said amendment(s) at a special or general election pursuant to Article XV, Section 2 of the Cherokee Nation Constitution and Article XV, Section 3 which gives the right of the people to propose Constitutional Amendments.

7.                     Council. ‘‘Council’’ means the Council of the Cherokee Nation.

8.                     Council  Member.  ‘‘Council member’’ means a member of the Council  of the Cherokee Nation.

9.                     Counting Device. ‘‘Counting device’’ means an electronic device used  for the purpose of accepting and counting ballots and for all other legiti- mate purposes related to the conduct of an election.

10.                     Election Commission. ‘‘Election Commission’’ means the Cherokee Nation Election Commission created pursuant to Article IX, Section 1 of  the Cherokee Nation Constitution.

11.                     Election Outcome. ‘‘Election Outcome’’ means the  determination  of the candidate winning an election for office; and the determination of the passage or failure of an initiative or referendum question.

12.                     Election Results. ‘‘Election Results’’ means the number of votes in favor of each candidate for office; and the number of votes in favor of and

 

GENERAL PROVISIONS                     26 CNCA § 3

 

opposed to each constitutional amendment or initiative or referendum question.

13.                     Election Commission Office. ‘‘Election Commission Office’’ means the Cherokee Nation Election Commission Office established under 26 CNCA

§ 14 and when Election Commission Office is in any of the following sections, it is referencing the Election Office.

14.                     Elective Office. ‘‘Elective office’’ means the office of Principal Chief, Deputy Principal Chief, and Tribal Council.

15.                     Election Period. ‘‘Election Period’’ shall include the primary election and the runoff election through the completion of any applicable challenge and/or certification proceedings.

16.                     General Election. ‘‘General Election’’ means a regular election for offices of the Principal Chief and Deputy Principal Chief and for seats on the Cherokee Nation Council as provided by law on a date Certain; provided that elections for the following purposes may also occur during a general election: consideration of referendum and initiative petitions pur- suant to Article XV, Sections 3 and 4 of the Cherokee Nation Constitution, and consideration of constitutional amendments pursuant to Article XV, Sections 2 and 3 of the Cherokee Nation Constitution.

17.                     Initiative Petition. ‘‘Initiative petition’’ means a petition submitted by the registered voters of the Cherokee Nation for purposes of proposing any legislative measure and constitutional amendment pursuant to Article XV, Sections 1, 3, 5 and 6 of the Cherokee Nation Constitution.

18.                     Jurisdictional Boundaries. ‘‘Jurisdictional Boundaries’’ means the boundaries described by the patents of 1838 and 1846 diminished only by the Treaty of July 19, 1866, and the Act of March 3, 1893, which encom- passes all or portions of the northeastern fourteen counties of Oklahoma.

19.                     Officer. ‘‘Officer’’ means the Principal Chief and Deputy Principal Chief.

20.                     Original Enrollee. ‘‘Original enrollee’’ is as defined by 11 CNCA

§ 3(L), derived only through proof of Cherokee blood based on the final  rolls.

21.                     Political Purposes. ‘‘Political Purposes’’ means actions or activities designed to influence the success or defeat of a candidate or elective office  or any ballot measure.

22.                     Precinct. ‘‘Precinct’’ shall mean an official voting place within a district, as designated by the Election Commission.

23.                     Precinct Board. ‘‘Precinct Board’’ means a Cherokee Nation Election Precinct Board for each precinct, appointed by the Election Commission  and exercising the duties set forth in 11 CNCA § 12(C).

24.                     Primary Election. ‘‘Primary Election’’ means the initial submission of candidates or measures to a vote of the people during a general election or  a special election, prior to a runoff election.

25.                     Referendum Petition. ‘‘Referendum Petition’’ means a petition sub- mitted by registered voters of the Cherokee Nation for purposes of submit- ting to a vote of the people all or a portion of a Council enactment pursuant to Article XV, Sections 1, 3, 4, 5 and 6 of the Cherokee Nation Constitution.

 

26 CNCA § 3

ELECTIONS

 

26.                     Registration. ‘‘Registration’’ means the act of registering to vote in a resident voter’s home district, or in the case of a non-resident voter, the act of registering in the district of choice, in accordance with Article VI,  Section 3 of the Cherokee Nation Constitution.

27.                     Re-register. ‘‘Re-register’’ means the act of changing a voter registra- tion as a result of a change in residency for purposes of changing voting district or for other legitimate purposes.

28.                     Resident Registered Voter. ‘‘Resident Registered Voter’’ means a person whose residence is inside of the jurisdictional boundaries of the Cherokee Nation at the time he or she registers to vote.

29.                     Runoff Election. ‘‘Runoff Election’’ means the election of one of the  two candidates for an executive office or Council seat who had the highest number of votes at the primary election; a runoff election may occur during a general or special election.

30.                     Special Election. ‘‘Special Election’’ means  an  election  specially  set on a date other than the date certain established for general elections, for one or more of the following purposes: consideration of referendum and initiative petitions when special election is required by the Council or Principal Chief pursuant to Article XV, Section 4 of the Cherokee Nation Constitution, consideration of constitutional amendments when special election is required by the Council pursuant to Article XV, Sections 2 and 4 of the Cherokee Nation Constitution, election by the Council to fill Council vacancies pursuant to Article VI, Section 13 of the Cherokee Nation Constitution, election of the Principal Chief pursuant to Article VII, Section 5 of the Cherokee Nation Constitution.

History

Source. LA 06-10, eff. February 23, 2010.

Amended.  LA 46-12, eff. December 17,  2012.

Amended.  LA 49-12, eff. December 17,  2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

Library References

 

§ 4. Tenure of elected officials

Tenure of the Principal Chief, Deputy Principal Chief, and Council Members shall be a term of four (4) years pursuant to Article VI, Section 3 and Article VII, Section 1 of the Constitution, except for vacancies that are filled in accordance with Article VI, Section 13 and Article VII, Section 5 of the  Cherokee Nation Constitution.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Library References

Indians                     216. Westlaw Topic No. 209.

C.J.S. Indians § 59.

 

GENERAL PROVISIONS                     26  CNCA  §§ 5  to 10

Reserved

§§ 5 to 10. Reserved

 

 

 

 

 

 

 

 

 

Section

CHAPTER 2 SUPERVISORY BODIES AND ELECTION

SERVICES OFFICE

11.                     Cherokee Nation Election Commission

12.                     Precinct Boards

13.                     Oath

14.                     Election Services Office

15.                     Record Retention 16 to 20. Reserved

 

§ 11. Cherokee Nation Election Commission

Election Commission: Establishment and Appointment. There shall be a Cherokee Nation Election Commission. The Election Commission shall be composed of five (5) members, two (2) appointed by the Council, two (2) appointed by the Principal Chief and one (1) selected by those four appointees who shall be confirmed by the Principal Chief and the Council. The Election Commission shall have the sole responsibility and explicit authority for the conduct of all Cherokee Nation elections, including activities described in subsection D of this section. Pursuant to the constitution of the Cherokee Nation, Article IX, Section 1, the Election Commission shall be an autonomous and permanent entity, which shall be an independent commission in the performance of its statutory authority to govern the conduct of all elections and in the performance of such authority shall not be subject to direction, supervi- sion, intervention or interference or of any other type of influence by the Executive Office or the Cherokee Nation Council. The Election Commission shall be subject to the Constitution of the Cherokee Nation and laws of the Cherokee Nation pursuant to its Constitutional independent and autonomous status. The Election Commission shall develop policies and procedures con- cerning personnel, contracting and meeting requirements which shall be exclu- sive and controlling as to the Election Commission. Such policies must include provisions relating to Cherokee preference in contracting, hiring and pro- motion. Such policies and procedures shall be implemented within ninety (90) days of the passage of this Act.

A.                     Term. Each Election Commissioner shall serve a term as set forth below.

1.                     Staggered Terms: Beginning with the appointment of an Election Commissioner in October 2011, the Tribal Council shall appoint one (1) member to a four (4) year term and one (1) member to a six (6) year term. The Principal Chief shall appoint one (1) member for a four (4) year term and one (1) member for a six (6) year term. The members shall then select  a person to be the fifth member of the Election Commission for a four (4) year term to be confirmed by the Principal Chief and Tribal Council. Thereafter all appointments shall be for a four (4) year term.

2.                     Holdover Clause: Members of the Election Commission shall remain in office until their successor is duly appointed and confirmed.

 

SUPERVISORY  BODIES  & ELECTION OFFICE                     26 CNCA § 11

 

3.                     Vacancies. In the case of death, removal or resignation of a Commis- sioner the Branch of Government which made the appointment shall select the replacement, who shall serve the remainder of the term.

B.                     Qualifications. No elected official of the Cherokee  Nation,  no  person who is related within the third degree by either consanguinity or affinity to an elected official, no employee of the Cherokee Nation, including any corpora-  tion, agency or other entity which is at least fifty-one (51%) percent owned by the Cherokee Nation, no person who has been convicted of a felony, no person who has ever plead no contest or guilty to a felony without said matter being expunged from court records, or convicted of a crime in any tribal court of any federally recognized Indian tribe that would be considered a felony in state or federal court shall serve on the Election Commission. No candidate or regular employee of a candidate for office or person who is related within the third degree by either consanguinity or affinity to a candidate for office shall serve on the Election Commission.

C.                     Duties. The Election Commission shall have the responsibility of con- ducting all general and special elections. The Election Commission shall also engage in the following activities in the performance of its responsibilities:

1.                     Elect a chairperson, vice-chairperson/parliamentarian, and a secre- tary/treasurer from its own membership;

2.                     Publish a schedule for its regular meetings, establish an agenda for each meeting in accordance with Robert’s Rules of Order, approve and maintain correct and accurate minutes of its deliberations, and rules and regulations of the Commission which shall be regularly posted on the Cherokee Nation website;

3.                     Hire independent legal counsel as needed, who shall not be employed  in any other manner by the Cherokee Nation or any agency or enterprise of the Cherokee Nation;

4.                     Use available technology, including without limitation facsimile ma- chines and computer technology; provided that computer technology may include any necessary accompanying consultant services related thereto, in the conduct of elections; and provided further that selection of computer hardware, computer software and computer consultant services and relat- ed costs shall be approved by the Principal Chief and the Council;

5.                     Oversee the registration of voters, provided that nothing herein shall affect the Validity of registration of voters during any period between expiration of the term of one Election Commission and the seating of the next Election Commission;

6.                     Maintain current voter lists and shall use all efforts to diligently use certified sources; such as 911, County Treasurer’s and the County Asses- sor’s web sites, Cherokee Nation Registrar’s office and the Cherokee Nation tag office to update said list with correct address and phone  numbers where the Election Commission does not currently have an accurate address;

7.                     Develop rules and regulations necessary to conduct Cherokee Nation elections, provided that such rules and regulations shall be published and transmitted to the Council no later than ninety (90) days before the first day of filing for the election for which said rules and regulations are intended

 

26 CNCA § 11

ELECTIONS

 

to apply, unless a shorter time is prescribed by the Council for purposes of  a special election; Said rules are to be published in the Cherokee  Phoenix   and on the official web site of the Cherokee Nation as soon as practicable after transmittal to the Council;

8.                     Approve the number and location of precincts at least forty-five (45) days in advance of the election, and said locations shall be published in the Cherokee Phoenix and shall be posted on the official web site  of  the  Cherokee Nation after their selection;

9.                     Provide the various Precinct Board officials with the proper instruction and training for performing their duties. All Precinct Board Officials are required to attend the mandatory training to work in any election;

10.                     Determine the eligibility of all candidates for office pursuant to 26 CNCA § 36(C) and have the first authority to consider challenges to candidate eligibility;

11.                     Conduct all election recounts pursuant to 26 CNCA § 93;

12.                     Conduct all general and special elections by secret ballot, provided that elections by the Council to fill vacant Council seats shall be by public roll call vote;

a.                     Prepare and order the official ballot or ballots prior to the applica- ble election;

b.                     Issue ballots and all support materials to hold an election;

c.                     Be responsible for the storage and safekeeping of all election  ballots and related documents after the close of the election pursuant  to procedures established by the Election Commission;

d.                     Engage in any other activities for the performance of its responsi- bilities as required by the provisions of this Title.

e.                     Provide written reports and recommendations not less than a monthly basis to the Council and Principal Chief through the Rules Committee on activities of the Commission related to the conduct of elections. The Chairman or his/her designee shall give said report no less than on a monthly basis.

f.                     Audit all financial reports and disclosures required by this Act, and to report any violations to the Cherokee Nation Attorney General. Further the Election Commission has the authority to assess any penalties or other sanctions authorized by this Act. Any accusations concerning campaign activities shall be reported to the Cherokee Nation Attorney General for investigation. Should the Cherokee Nation Attorney General find merit, a report to the Cherokee Nation Election Commission will be made for possible assessment of penalties and/or disqualification under procedures found at 26 CNCA § 38.

D.                     Meetings. The Election Commission shall conduct business in open meetings at the Election Commission Office or other public location designated by the Commission, pursuant to policies and procedures developed by the Election Commission, provided that the Commission may attend work sessions in which the duties of the commission are performed, such as reviewing candidate eligibility packets, financial filings, locating and securing precincts, registering voters, assisting in day-to-day operations of the Election Commis- sion Office, preparing election supplies and other miscellaneous duties and may

 

SUPERVISORY  BODIES  & ELECTION OFFICE                     26 CNCA § 12

 

engage in work sessions where no policy decisions were required by a vote of  the commission that any action requiring the vote of the body shall be referred to the Commission in an open meeting.

E.                     Compensation. The Election Commission members shall receive stipends or compensation for their services in accordance with their itemized budget approved by the Council.

F.                     Removal of Election Commission Members. An Election Commission member may be removed from office for committing any of the following acts:

1.                     willful neglect of the duties prescribed in this Act;

2.                     corruption in office;

3.                     acting in his or her official capacity while under the influence  of  alcohol or un-prescribed narcotics;

4.                     incompetency, misfeasance, or malfeasance of office;

5.                     for any conviction involving moral turpitude committed while in office;

6.                     for campaigning for any candidate or measure or who otherwise improperly interferes with or attempts to improperly interfere with the conduct of any election;

7.                     violation of any law of the Cherokee Nation that would be a felony in the State of Oklahoma;

A petition for removal of an Election Commissioner may be brought by a majority vote of the Tribal Council or the Principal Chief. An Election Commissioner accused of violating the provisions of this Act shall be given notice of the hearing and charges and an opportunity to respond to the charges. The hearing shall be before the Cherokee Nation Supreme Court  in accordance with its Rules and Procedures. If the Cherokee Nation Supreme Court finds that a commissioner has committed an act that would warrant removal that member shall be removed as a Commissioner.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Appointments, see 14 CNCA § 4.

Cross References

Precinct and hours-Notice, see 26 CNCA § 61.

 

Library References

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

 

§ 12. Precinct Boards

A.                     Establishment of Precinct Boards. There shall be a Precinct Board consisting of not more than twelve (12) people but, adequate in number to carry out the provision of this Act for each precinct defined in 26 CNCA § 3(23) and for any other places specified by the Election Commission.  Each  Precinct  Board shall be appointed by the Election Commission. The responsibilities of each Precinct Board official shall be established by the Election Commission,

 

26 CNCA § 12

ELECTIONS

 

and may include titles such as inspector, judge, clerk and any others position titles deemed necessary by the Election Commission.

B.                     Qualifications. No elected official of the Cherokee  Nation,  no  person who is related within the first degree by either consanguinity or affinity to an elected official, and no employee of the Cherokee Nation, including any corporation, agency or other entity which is at least fifty-one percent (51%) owned by the Cherokee Nation, shall serve on a Precinct Board. No candidate  or regular employee of a candidate for office or person who is related within    the first degree by either consanguinity or affinity to a candidate for office shall serve on a Precinct Board.

C.                     Duties. Each Precinct Board shall attend a mandatory training to be  held by the Commission prior to the election. The Precinct Board shall oversee the conduct of elections at its assigned precinct within a district, including the following specific duties:

1.                     Ensure that the identity of each person attempting to vote is established either through personal knowledge, or photo ID or by viewing  some  current form of government issued ID card or the voter’s ID card issued by the Cherokee Nation Election Commission or other methods of identifica- tion;

2.                     Ensure that the name of each person attempting to vote is on the Precinct Voters Signature Book at the particular precinct where each person is attempting to vote;

3.                     Ensure that the voter countersigns his name or makes his mark on the Precinct Voters Signature book of persons voting, provided that the mark   of a voter who makes his or her mark on the register shall be witnessed by the Precinct Inspector and one other Precinct Official who shall write his   or her initials beside the mark;

4.                     Ensure that only one (1) ballot is cast by the voter at the precinct;

5.                     Make a final decision for the Election Commission regarding questions of eligibility of a person to vote pursuant to the procedure for challenged ballots set forth in 26 CNCA § 64;

6.                     Ensure that the ballot boxes are locked at all times except when the ballots are being counted; or if counting devices are used, to ensure that said devices are not subject to tampering and that transfer cases are secured;

7.                     Count the ballots cast and make a tally thereof, provided that counting and tallying may be made manually or by an electronic counting device as directed by the Election Commission;

8.                     Make precinct certified election returns to include the number of votes cast in that precinct and a vote tally, and post a copy thereof on  the exterior of the precinct; or, if there is a machine malfunction, ballots may  be secured, brought to the Election Commission Office and manually counted before the Election Commission and results shall be posted at the Election Commission Office;

9.                     Preserve mutilated ballots;

10.                     Return all of the ballot transfer cases after counting and lock, seal, and mark the ballot transfer cases with the name of the precinct and date  of election;

 

SUPERVISORY  BODIES  & ELECTION OFFICE                     26 CNCA § 14

 

11.                     Return the unused ballots, spoiled and mutilated ballot envelope, locked and sealed ballot transfer cases to the Election Commission Office immediately following the election; and

12.                     Report conduct which, based on actual observation or information from another person, appears to the precinct Board Member to violate 26 CNCA § 52 to the Cherokee Nation Election Commission and the CNEC will report the incident to the appropriate Cherokee Nation authorities.

D.                     Presence During Voting Hours. No member of a Precinct Board shall leave the precinct during voting hours. If it becomes necessary  for  any  Precinct Board Member to leave the precinct or premises, said member cannot return to the precinct.

E.                     Compensation. Precinct Board Members shall receive such stipends or compensation for his or her services as prescribed by the Election Commission.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

 

§ 13. Oath

Library References

Each Election Commission member, each member of the Election Commis- sion Office staff and each Precinct Board Member, before entering upon the duties of his or her respective positions, shall take and subscribe to the following oath or affirmation:

‘‘I do solemnly swear, or affirm that I will faithfully execute the duties of  the Election Commission [or Precinct Board] of the Cherokee Nation in a responsible, impartial and unbiased manner, and will, to the best of my ability, preserve, protect and defend the Constitutions of the Cherokee Nation, and the United States of America. I swear or affirm further, that I will do everything within my power to promote the culture, heritage and traditions of the Cherokee Nation.’’

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

Library References

 

§ 14. Election Commission Office

A.                     Permanent Office. The Election Commission Office shall be maintained on a full-time basis with a permanent staff and /or temporary staff as necessary to conduct every election. The site of the Election Commission Office shall be at

 

26 CNCA § 14

ELECTIONS

 

a location apart from the Cherokee Nation Building and shall maintain-strong security measures.

B.                     Staff. All Election staff, excluding members of the Election Commission, shall be deemed employees of the Election Commission and shall be inter- viewed and hired by the Election Commission and shall be under the direct supervision of the Election Commission all of which are subject to policies and procedures created by the Election Commission, and will receive the same benefits as Cherokee Nation employees by way of a MOU between the Election Commission and the Cherokee Nation.

C.                     Director of Election Commission Office. The Director of the Election Commission Office shall be hired independently by Election Commission and shall be experienced in conducting elections and the use of modern, reliable technology, and secure voting.

D.                     Administrator. The Administrator of the Election Commission Office shall be a Cherokee Tribal citizen who is independently hired by the Election Commission using objective standards developed by the Election Commission. The Administrator shall be under the direct supervision of the Election Com- mission.

E.                     Other Staff Members. All other employees as determined needed by the Election Commission to conduct their constitutionally required duties.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Definitions, see 26 CNCA § 3.

 

 

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

 

§ 15. Record retention

Cross References

 

 

Library References

The Election Commission Office, at the direction of the Election Commission, shall develop policies and procedures with respect to record retention. Said policies shall:

A.                     Permit the destruction of paper records relating to the conduct of an election not less than one (1) year after the disposition of a final appeal arising out of any election held under this Title, including but not limited to ballots, provided: Original election certification records shall be maintained for  a  period of at least five (5) years after said disposition of a final appeal and may be maintained longer at the direction of the Election Commission.

B.                     Require said destruction of paper records to occur only after  public  notice of said destruction is given by the commission at a regular or special Election Commission meeting.

 

SUPERVISORY BODIES & ELECTION OFFICE 26 CNCA §§ 16 to 20

 

 

Source. LA 12-16, eff. May 18, 2016.

 

 

Indians                     217. Westlaw Topic No. 209.

 

§§ 16 to 20. Reserved

History

 

Library References

 

CHAPTER 3

QUALIFICATIONS AND REGISTRATION OF VOTERS

Section

21.                     Eligibility to vote

22.                     Registration process

23.                     Voter database-Coordination with Registrar-Preparation of list of voters

24.                     Removal of names from voter lists

25.                     Obtaining List-Duplication of list 26 to 30. Reserved

 

§ 21. Eligibility to vote

A.                     Basic Requirements. Subject to the limitations contained herein, any person who meets the following requirements shall be entitled to vote in any election held by the Cherokee Nation:

1.                     The person shall be a citizen of the Cherokee Nation eighteen (18)  years of age or older as of the date of any election; and

2.                     A person shall be registered to vote no later than the last business day in March of the election year. Provided that Tribal citizens that are seventeen (17) years old and can show that their birth date is on or prior to the date of the primary election shall be allowed to register to vote (except for Original Enrollees as provided in this chapter);

a.                     If said person is a resident voter as defined herein he/she shall affiliate with the district in which he or she resides.

b.                     If said person is an At-Large Voter as defined herein he/she shall be affiliated with a district pursuant to Article VI, Section 3 of the Cherokee Nation Constitution.

3.                     Any person who voted in the last primary, general or special election shall be deemed eligible to vote unless the Commission has notice that they have relinquished their citizenship. The Election Commission shall main- tain the list of eligible voters.

B.                     Original Enrollees. An original enrollee who is not on the Voter List at a precinct but who appears at the precinct with proof that he or she is an original enrollee and that his or her place of residence was within that district prior to the date of the election complete a voter registration form and maybe allowed  to cast a ballot immediately thereafter.

C.                     Voting by Districts.

1.                     Resident Registered Voters. Every resident registered voter shall be registered to vote in the district of his or her residence. A resident registered voter shall have the right to vote only for the candidate for a Council seat for the district in which the voter resides, and cannot vote for  a candidate for a Council seat for any other district except as provided for  in paragraph 4 of this subsection.

2.                     At-Large Registered Voters. Every At-Large Registered Voter shall be registered to vote in the At-Large District, unless said voter has elected to remain a voter in a district pursuant to Article VI, Section 3 of the Cherokee Nation Constitution. Provided, when redistricting occurs, At-

 

VOTER  QUALIFICATIONS  &  REGISTRATION                     26 CNCA § 22

 

Large Registered Voters who elected to remain a voter within a district pursuant to Article VI, Section 3 of the Cherokee Nation Constitution, shall be notified by regular mail notifying the voter of his/her right to choose a new district that was part of their original district. The At-Large Registered Voter shall have ninety (90) days from the date of the notice to notify the Election Commission of their choice of a new district. If, after the expira- tion of the ninety (90) day period, the voter shall be assigned to the appropriate district based on the precinct chosen at the time of registra- tion.

3.                     Re-registration for Purposes of Changing District and/or Precinct. A resident registered voter who has moved to a new district and who wishes to change precinct within their district, shall re-register for a new district and/or precinct on or before, but not after, the last business day in March  of the election year, in order to effect a change of voting district and/or precinct for said election year; provided that the new registration form shall be delivered to the Election Commission Office on or before said day  in order to be valid for said election year.

4.                     Effect of Failure to Re-register. Any registered voter who fails to  change his or her voting district and/or precinct by re-registering with a new district and/or a new precinct on or before the last business day in March of the election year must vote during the current election year for  the candidate for Council within the district in which the person was registered to vote as of said date.

5.                     At-Large Voters who have previously chosen districts. At-Large regis- tered voters who have previously selected a district within the jurisdictional boundaries in accordance with Article VI, Section 3 of the Cherokee Nation Constitution may select, at the time of the 2013 election, a district that was subsequently part of their original district.

D.                     Voter Address. Voters giving a Post Office Box Address or a Rural Route Address must include driving directions and/or location of residence that is sufficient to allow the Election Commission to determine their district of residence.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Cross References

Official election dates-Notice, see 26 CNCA § 51.

 

Library References

Indians                     214.5, 217, 222.

Westlaw Topic No. 209.

C.J.S. Indians §§ 32 to 35, 57, 59, 62, 67, 180.

 

§ 22. Registration process

A.                     Ongoing Process. The Election Commission Office shall conduct regis- tration of voters on an ongoing basis. This process shall include periodic publicity and community outreach efforts by the Election Commission Office.

 

26 CNCA § 22

ELECTIONS

 

The Election Commission Office shall publish information promoting voter registration at least four (4) times annually, in the Cherokee Phoenix and Cherokee Nation web sites.

B.                     Cards. The Election Services Office shall issue voter identification cards to registered voters. Whenever possible, the card should be in a picture ID format. The card may be used as a convenient means of identification of person whose names appear on the voters list.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

Library References

 

§ 23. Voter database-Coordination with Registrar-Preparation of  list  of  voters

A.                     Database. The Cherokee Nation Election Commission Office shall estab- lish and maintain an independent database. The Election Commission Office shall have access to information maintained by the Cherokee Nation Registrar by computer modem, including without limitation the following information: citizenship verification, deaths, new citizens, and address changes.

B.                     Lists. The Election Commission Office database shall include the: Voters List, that includes the names and the district and precinct of each registered voter who is eligible to vote in an upcoming election. Said list may be separated into a listing of such persons who have applied for absentee ballots and those  who have not applied for absentee ballots. The Election Commission shall designate those addresses on the lists that do not appear to be the current addresses for designated voters.

C.                     List Information. Each list specified in subsection (B) of this section shall contain the following information for each voter listed: name, last known registered address, date of birth, last known phone number, social security number or other identifying number, date of citizenship enrollment, dates of voter registration and re-registration, voting district and precinct, the voter’s participation in past elections and any other information deemed relevant by the Election Commission Office; provided that any list released pursuant to 26 CNCA § 25 shall exclude the voter’s date of birth, social security number or any other identifying number.

D.                     Maintenance. Each list as it existed as of a specific election date shall be maintained by the Election Commission Office for at least five (5) years following December 31 of the year the specific election occurred.

 

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

 

VOTER  QUALIFICATIONS  &  REGISTRATION                     26  CNCA  §§ 26  to  30

Reserved

Library References

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

 

§ 24. Removal of names from the voter lists

Deceased Relinquished and Disenrolled Persons. The Election Commission Office shall remove the names of any deceased citizens and persons who have been disenrolled from the Voter List, upon receipt of satisfactory evidence of   the death or disenrollment as specified by the Cherokee Nation Registration Department.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Library References

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

 

§ 25. Obtaining list-Duplication of list

The most recent voter list shall be made available to all citizens of the Cherokee Nation, subject to the provisions of the Cherokee Nation Freedom of Information Act, 67 CNCA § 101 et seq. The voter list shall be made available on paper, computer diskette, gummed labels, electronically, or any other  method available. The Election Commission may charge a nominal fee to cover the costs of duplication of the voter list, provided that the voter list shall be subject to inspection free of charge during the business hours of the Election Commission.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Cross References

Official election dates-Notice, see 26 CNCA § 51.

 

Library References

Indians                     214.5, 217. Westlaw Topic No. 209.

C.J.S. Indians §§  57, 59.

 

§§ 26 to 30. Reserved

 

 

 

CHAPTER 4

QUALIFICATIONS OF AND FILING BY CANDIDATES

Section

31.                     General qualifications of candidates for elective office-Certifications and acknowl- edgments

32.                     Special qualifications for Principal Chief and Deputy Principal Chief

33.                     Special qualifications for Council

34.                     Establishment of residency

35.                     Filing fees generally

36.                     Filing of candidacy-Withdrawal of candidacy

37.                     Challenges

38.                     Interference with and improper influences of Election Commission and violation of contribution and expenditure requirements

39, 40. Reserved

 

§ 31. General qualifications of candidates  for  elective  office-Certifications and acknowledgments

A.                     General qualifications. Each candidate who desires to run for the elective Cherokee Nation office of Principal Chief, Deputy Principal Chief or Council Member shall meet the following general eligibility requirements consistent with the Constitution of the Cherokee Nation, Article VI, Section 3, Article VII, Sections 2 and 3, and Article IX, Section 2:

1.                     The candidate shall be a citizen of the Cherokee Nation, in accordance with Article IV of the Constitution of the Cherokee Nation and shall be a citizen by blood of the Cherokee Nation;

2.                     The candidate shall not have been convicted of or have pled guilty or   no defense to a felony charge under the laws of the United States of America, or of any state, territory or possession thereof, or convicted of a crime in any Tribal Court of any federally-recognized Indian tribe that would be considered a felony in state or federal court, unless such person has received a pardon from an authorized official of the jurisdiction in which the candidate was convicted or pled guilty or no defense to said felony charge; provided that for purposes of this section, a deferred  sentence and/or an expungement of a felony record shall not constitute a pardon or affect or erase the felony conviction, a guilty plea to a felony charge, or a plea of no defense to a felony charge;

3.                     The candidate shall not hold any office of honor, profit or trust in any other tribe of Indians, either elective or appointive, if elected to the Cherokee Nation office which he or she is seeking;

4.                     Any outstanding fines imposed by the Election Commission during a previous Cherokee Nation election must be paid before a person can be eligible to run as a candidate for an elective office in a subsequent election.

B.                     Prerequisites for filing. In addition to the general eligibility qualifications set forth in subsection (A) herein, a candidate must not be in violation of any of the following at the time of filing:

1.                     The candidate shall not be an employee of the Cherokee Nation, including any corporation, agency or other entity which is at least fifty-one

 

CANDIDATE  QUALIFICATION  &  FILING                     26 CNCA § 32

 

percent (51%) owned by the Cherokee Nation, as of the date of filing or at any time thereafter if elected; provided, that an incumbent serving in an elective office shall not be deemed to be an employee for purposes of this section;

2.                     The candidate may not file to run for an office if he or she has already filed to run for another office in the same election, unless the prior filing is withdrawn.

C.                     Other qualifications. In addition to the requirements set forth in this section, each candidate shall meet any other applicable requirements as set forth in the Constitution of the Cherokee Nation and this chapter.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Definitions, see 26 CNCA § 3.

 

 

Indians                     216. Westlaw Topic No. 209.

C.J.S. Indians § 59.

Cross References

 

 

Library References

 

§ 32. Special qualifications for Principal Chief and Deputy Principal Chief

In addition to the general qualifications set forth in 26 CNCA § 31, the qualifications for Principal Chief and Deputy Principal Chief as set forth in Article VII of the Constitution shall be as follows:

1.                     Age. The candidate shall have obtained the age of thirty (30) years at the time of the election;

2.                     Residence. The candidate shall have established a bona fide permanent residence within the jurisdictional boundaries of the Cherokee Nation for  no less than two hundred seventy (270) days immediately preceding the day of the general election in which he or she is seeking election. Proof of a  bona fide permanent residence shall be regulated by the Election Commis- sion. If elected to office, the candidate shall continuously maintain a bona fide permanent residence within the jurisdictional boundaries. Failure to meet this requirement shall subject the person to disqualification and removal from office.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

 

 

Definitions, see 26 CNCA § 3.

 

 

Indians                     216. Westlaw Topic No. 209.

C.J.S. Indians § 59.

Cross References

 

 

Library References

 

26 CNCA § 33

§ 33. Special qualifications for Council

ELECTIONS

In addition to the general qualifications set forth in 26 CNCA § 31, the qualifications for Council member shall be as follows:

A.                     Age. The candidate shall have obtained the age of twenty-five (25) years of age at the time of the election.

B.                     Residence. The candidate shall have established a bona fide permanent residence in the district for which he or she is a candidate for no less than two hundred seventy (270) days immediately preceding the day of the general election in which he or she is seeking election. Proof of a bona fide permanent residence shall be regulated by the Election Commission. If elected to office, the candidate shall maintain a bona fide permanent residence in the district which he or she represents. Failure to meet this requirement shall subject the person to disqualification and removal from office. This section shall apply to ‘‘At-Large’’ district candidates, and thereby shall require that they establish a bona fide permanent residence located outside the jurisdictional boundaries of the Cherokee Nation no less than two hundred seventy (270) days immediately preceding the day of the general election to which he or she is seeking election.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Definitions, see 26 CNCA § 3.

 

 

Indians                     216. Westlaw Topic No. 209.

C.J.S. Indians § 59.

Cross References

 

 

Library References

 

§ 34. Establishment of residency

Proof of a bona fide permanent residence, necessary to qualify as a candidate for Council, Principal Chief and Deputy Principal Chief shall be regulated by the Election Commission, subject to the following definitions and requirements:

1.                     Definition. ‘‘Residence’’ is synonymous with the term ‘‘domicile’’ or ‘‘abode’’ and means a place where the candidate has a true, fixed and permanent home, and to which, whenever absent, the candidate has the intention to return;

2.                     Verification. Verification of residence may be shown by at least three

(3)                     of the following documents, provided always that such documents show one or more addresses within the required geographic area for a continu- ous period of two hundred seventy (270) days for the time-period outlined  in the requirements for each elective office:

a.                     current driver’s license(s);

b.                     utility bill or bills;

c.                     income tax return from the preceding year;

d.                     state or county voter’s registration;

 

CANDIDATE  QUALIFICATION  &  FILING                     26 CNCA § 36

 

e.                     homestead exemption;

f.                     a bona fide document evidencing such verification.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Definitions, see 26 CNCA § 3.

 

 

Indians                     216. Westlaw Topic No. 209.

C.J.S. Indians § 59.

 

§ 35. Filing fees generally

Cross References

 

 

Library References

A.                     Amount; Payment. A filing fee shall be charged each candidate filing for an elected office of the Cherokee Nation. Such fees are to be filed and paid to  the Election Commission by cash, cashier’s check, money order, or valid check  at the Cherokee Nation Election Commission Office, Tahlequah, Oklahoma. The fees shall be as follows:

 

Office of the Principal Chief

$2,500.00

Office of the Deputy Principal Chief

$2,000.00

Office of the Council

$ 500.00

 

B.                     No Refund. No refund of filing fee shall be permitted for any reason,  even if the candidate withdraws voluntarily or is disqualified under the provi- sions of this law.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Library References

Indians                     216. Westlaw Topic No. 209.

C.J.S. Indians § 59.

 

§ 36. Filing of candidacy-Withdrawal of candidacy

A.                     Filing Period. The filing date shall be for a four (4)-day period commenc- ing at 8:00 a.m. on the first Monday of February of the election year and ending at 5:00 p.m. on the first Thursday following the first Monday of February. The deadline for filing for an elective office of the Cherokee Nation shall be publicized by the Election Commission.

B.                     Certifications and Acknowledgments. To be eligible to run for elective office, each prospective candidate shall submit an application established by the Election Commission, which at a minimum shall contain the following:

1.                     Proof of citizenship and membership by Indian blood consisting of his  or her certificate of degree of Indian blood card and a Cherokee Nation

 

26 CNCA § 36

ELECTIONS

 

citizenship card issued in his or her name in accordance with Articles IV, VI, VII of the Constitution and 11 CNCA § 1 et seq.;

2.                     Proof of residency;

3.                     Proof of age;

4.                     Certification that at time of filing that he or she is not an employee, voting board member or a voting commission member of the Cherokee Nation, including any corporation, agency or other entity which is at least fifty-one percent (51%) owned by the Cherokee Nation, and acknowledg- ment that he or she understands that should he or she become an employee during the election process, he or she shall be automatically disqualified as a candidate;

5.                     Certification that if elected to office, said candidate shall resolve all conflicts of interest as defined by 28 CNCA § 1 et seq.;

6.                     Acknowledgment that said candidate shall be automatically disqualified in the event that any false or misleading information or statements are made in filing for office; and

7.                     Such other documents, certifications and  acknowledgments  required by regulation of the Election Commission.

C.                     Background Checks and Eligibility Certification. The Election Commis- sion shall conduct background checks and review all information necessary for  a determination of eligibility pursuant to regulations prescribed by the Commis- sion. The Election Commission shall issue an official letter certifying the eligibility of each candidate or denying said eligibility within twelve (12) working days after the close of the filing period.

D.                     Withdrawal of Candidacy. Any candidate who wishes to withdraw from the election shall have the opportunity to do so by providing a formal written notice to the Election Commission ten (10) working days after the deadline for filing.

E.                     A person who has become a candidate according to 26 CNCA § 3(3), and fails to actually file as a candidate for office, shall be assessed a civil penalty equal to the filing fee of said office unless said civil penalty is waived by the Election Commission for good cause.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

Cross References

Cherokee Nation Election Commission, see 26 CNCA § 11. Official election dates-Notice, see 26 CNCA § 51.

 

Library References

Indians                     216, 217. Westlaw Topic No. 209.

C.J.S. Indians § 59.

 

§ 37. Challenges

A.                     Third Party Challenge of Eligibility. Any citizen of the Cherokee Nation registered to vote shall have the right to contest the eligibility of any candidate

 

CANDIDATE  QUALIFICATION  &  FILING                     26 CNCA § 38

 

to run for office. The protest shall be received by the Election Commission in writing within five (5) business days after the close of the filing period. The healing shall be conducted in conformance with rules and regulations adopted by the Election Commission for said proceedings. Said rules and regulations shall provide the candidate reasonable notice of the challenge and the opportu- nity to respond at a hearing before the Election Commission.

B.                     Candidate Eligibility Determination Appeals to Cherokee Nation Su- preme Court. An appeal of any decision of the Election Commission concerning a candidate’s eligibility shall be filed with the Cherokee Nation Supreme Court in writing no later than five (5) business days after receipt of Election Commis- sion’s notice of denial or approval of eligibility for candidacy. Only the person denied eligibility or the person who originally filed a protest challenging the person’s eligibility shall be permitted to file an appeal. The Election Commis- sion chairperson shall deliver copies of each notice of appeal and all related documents to the Cherokee Nation Supreme Court in a timely manner as directed by the Court.

C.                     Notice and Scheduling of Hearing. The Cherokee Nation Supreme Court shall issue notice of a hearing date within three (3) business days of the Court’s receipt of an appeal of an Election Commission finding of a candidate’s eligibility or ineligibility. The hearing shall be held no later than ten (10) business days from date of issuance of said notice. The hearing may be continued to a later designated date for good cause, provided that said date  shall not be more than ten (10) business days from date of the originally scheduled hearing.

D.                     Conduct of Hearing; Decision. At the Cherokee Nation Supreme Court hearing, the candidate who is the subject of the challenge, the third party challenging the finding of eligibility and the Election Commission may each present testimony of witnesses, evidence and legal arguments. The Election Commission may be represented by the Election Commission’s independent counsel. No other attorney shall appear on behalf of the Cherokee Nation or the executive or legislative branches at the government’s expense. The other parties to the proceedings may be represented by counsel at their own expense. The decision of the Cherokee Nation Supreme Court shall be served on the parties no later than five (5) business days following the date of the hearing. The decision of the Cherokee Nation Supreme Court regarding a candidate’s eligi- bility shall be final.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Library References

Indians                     216. Westlaw Topic No. 209.

C.J.S. Indians § 59.

 

§ 38. Interference with and improper influences of the Election Commission  and violation of contribution and expenditure requirements

A.                     After a hearing held in conformance with the regulations adopted by the Election Commission, any candidate found to be directly or indirectly interfer-

 

26 CNCA § 38

ELECTIONS

 

ing or attempting to interfere with the Election Commission’s performance of  its duties, or improperly influencing or attempting to influence the Election Commission while it is performing its duties, shall be disqualified by the Election Commission from running for elected office of the Cherokee Nation for the duration of the upcoming election period.

B.                     After a hearing held in conformance with the regulations adopted by the Election Commission, any person who is a citizen of the Cherokee Nation or a member of any other federally recognized Indian Tribe found to be directly or indirectly interfering or attempting to interfere with the Election Commission’s performance of its duties, or improperly influencing or attempting to influence the Election Commission while it is performing its duties, shall be deemed to have committed a crime and may be referred to the Attorney General of the Cherokee Nation for prosecution.

C.                     Said regulations shall provide the candidate and/or citizen with reason- able notice of the charges and the opportunity to respond at a hearing before  the Election Commission, and shall specify the manner in which the charges shall be presented and by whom. Any candidate disqualified from holding office and/or citizen referred for prosecution pursuant to this Section may appeal the Election Commission’s disqualification decision and/or referral for prosecution decision by filing a written appeal with the Cherokee Nation Supreme Court in conformance with the requirements of 26 CNCA § 37(B).

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

Cross References

Cherokee Nation Election Commission, see 26 CNCA § 11.

 

Library References

Indians                     216, 217. Westlaw Topic No. 209.

C.J.S. Indians § 59.

 

§§ 39, 40. Reserved

 

 

CHAPTER 5

DISCLOSURE OF CAMPAIGN FINANCES

41.                     Definitions

42.                     Designation of financial agent filing-Penalty

43.                     Restrictions related to contributions

44.                     Candidate requirements related to acceptance of campaign contributions and expenditures

45.                     Sanctions for violations of contribution and expenditure requirements and prohibi- tions

46.                     Final disclosure report-Forms-Time of Filing-Corrections-Late filing-Failure to file

47.                     Financial disclosure report-Contents 48 to 50. Reserved

 

§ 41. Definitions

For purposes of this chapter, the following terms shall be defined as follows:

1.                     ‘‘Campaign contribution’’ means a contribution in money or services to a candidate or political committee that is offered or given with the intent that it be used in connection with a campaign for elective  office  or on behalf of a ballot measure. Whether a contribution is made before, during, or after an election does not affect its status as a campaign contribution.

2.                     ‘‘Campaign expenditure’’ means an expenditure of money or services incurred by any person in connection with a campaign for an elective office or on behalf of a ballot measure. Whether an expenditure is incurred  before, during or after an election does not affect its status as a campaign expenditure.

3.                     ‘‘Financial agent’’ means the person or persons designated and author- ized by a candidate to accept contributions and pay obligations related to the candidate’s campaign pursuant to 26 CNCA § 42.

4.                     ‘‘In-kind contribution’’ means any campaign contribution of a good or service rather than a money donation. In-kind contributions shall be reported as such, and the report shall include the name of the donor, his or her address, employer and occupation, and the fair market value of the  good or service contributed.

5.                     ‘‘Legal entity’’ means any associations or groups comprised of any combination of individuals or corporations that expresses interest by politi- cal activities, financial contributions or other methods of either support for or opposition to any candidate for any office in any Cherokee Nation Election.

6.                     ‘‘Loan’’ means any payment made from the candidate’s own funds for campaign purposes, or any funds obtained by loan to the candidate from a bank, savings and loan association or credit union on his or her  own  behalf, and shall be considered as contributions.

7.                     ‘‘Report’’ means a financial disclosure report required by this chapter.

 

26 CNCA § 41

ELECTIONS

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 46-12, eff. December 17, 2012.

 

Library References

Indians                     217. Westlaw Topic No. 209.

 

§ 42. Designation of financial agent filing-Penalty

A.                     No later than the filing date for an election, each candidate shall file with the Election Commission a statement of designation, containing the names and addresses of every person authorized as the candidate’s financial agent by or through whom said candidate has expended or proposes to expend money in defraying the expenses of his or her campaign, or a statement that the candidate has not authorized and will not authorize any person to act for him  or her, but that the candidate will account for all money or other things of   value expended in the interest of his or her candidacy. The candidate will be allowed to amend the designation any time prior to the opening of the polls on the day set for the election. Should the candidate fail to file said statement, the Election Commission shall find the candidate in violation of this section and shall assess the candidate a fine in an amount no less than One Hundred Dollars ($100.00) and no more than Five Hundred Dollars ($500.00).

B.                     Any person, persons or entity who files a ballot measure which shall include but not be limited to initiative question, referendum questions or constitutional amendments shall register a financial agent with the Election Commission and shall follow the financial disclosure requirements set forth in this Title.

C.                     The Election Commission may, at their discretion, hold a training session for all candidates and all financial agents and make it mandatory.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     217. Westlaw Topic No. 209.

Library References

 

§ 43. Restrictions related to contributions

A.                     Contributors Limited to Individual Natural Persons. Contributions may only be made by individual natural persons. No corporation,  partnership, and/or any other legal entity shall contribute to any Cherokee Nation campaign or candidate.

B.                     Contribution Amount Limits. No person shall contribute more than Five Thousand Dollars ($5,000.00) in cash or in kind to any one candidate during an election period. Personal funds of a candidate expended for campaign purposes are not subject to a Five Thousand Dollar ($5,000.00) limit but should be included in the expense report of the candidate.

 

CAMPAIGN FINANCE                     26  CNCA  § 44

 

C.                     Contributions on Behalf of Another; Contributions in Name of Minor: Reimbursements. No person shall knowingly make or authorize a campaign contribution or political expenditure in the name of or on behalf of another person. No contributions shall be made in the name of a minor. No person shall directly  or  indirectly  reimburse  another  for  a  contribution  to  a  candidate.

D.                     Prohibition Against Intimidation. No person, corporation or other legal entity shall use or threaten to use physical force, job discrimination, employ- ment reprisal, employment reward, or financial reprisal to obtain money or any other thing of value for the purpose of influencing the result of an election or to assist an office holder.

E.                     Every person shall provide their name, address, and occupation with every contribution made to a candidate or on behalf of a ballot measure. The Candidate or his or her financial agent shall forward this information to the Election Commission.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Library References

Indians                     217. Westlaw Topic No. 209.

 

§ 44. Candidate requirements related to  acceptance  of  campaign  contribu- tions and expenditures

A.                     Period for Acceptance of Campaign Contributions. No officeholder, no candidate, no potential candidate for elective office and no financial agent shall receive campaign contributions prior to the beginning of the six (6) month period immediately preceding the primary or special election date for the office sought by said candidate or potential candidate, or past the date which is six (6) months immediately following said primary or special election date. Unless otherwise provided all campaign contributions shall include the name, address, occupation and the amount given by the individual.

B.                     No Personal Use of Contributions. No candidate or financial agent who receives a campaign contribution may convert the contribution to personal use, including any use that primarily furthers individual or family purposes not connected with the performance of duties or activities as a candidate for  elective office. Left over contributions will be placed in an escrow account to be reserved for the cost of subsequent Cherokee Nation Elections.

C.                     Prohibition against Intimidation. No candidate or financial agent shall knowingly solicit or accept a contribution or make any expenditure by using anything of value secured by actual or threat of physical force, job discrimina- tion, employment reprisal, employment reward, or financial reprisals.

D.                     Prohibition related to Cherokee Nation Employees. No candidate or financial agent shall solicit a contribution from an employee of the Cherokee Nation, including an employee of any corporation, agency or other entity that is at least fifty-one percent (51%) owned by the Cherokee Nation, in exchange for any advantage or promise of an advantage conditioned on making a contribu-

 

26 CNCA § 44

ELECTIONS

 

tion, or based on reprisal or threat of reprisal related to the failure to make a contribution.

E.                     Anonymous Contributions. No candidate or financial agent shall accept anonymous contributions exceeding One Thousand Dollars ($1,000.00) in ag- gregate per election period. The recipient of total anonymous contributions of more than One Thousand Dollars ($1,000.00) shall not keep the amount which is in excess of One Thousand Dollars ($1,000.00) but shall, within two (2) business days of receipt of the contribution that causes the total anonymous contributions to exceed One Thousand Dollars ($1,000.00), turn it over the Election Commission for immediate deposit to an escrow account to be re- served for the cost of subsequent Cherokee Nation Elections.

F.                     Expenditure Records and Receipts. An expenditure of more than One Hundred Dollars ($100.00) for campaign purposes shall be made by written instrument drawn upon the campaign account containing the name of the candidate and the name of the recipient.

G.                     General Prohibition. No candidate or financial agent shall knowingly accept a campaign contribution or knowingly make or authorize political expenditures that the candidate or his or her financial agent knows to have been made in violation of this Section or 26 CNCA § 43; nor shall any  candidate, financial agent or citizen offer or provide something of value intended to influence the vote of a voter of the Cherokee Nation; and no candidate, financial agent or citizen shall solicit or accept campaign funds or contributions that violates 26 CNCA §§ 43 and 44.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     217. Westlaw Topic No. 209.

Library References

 

§  45.  Sanctions for violations of contribution and expenditure requirements and prohibitions

A.                     Criminal Sanctions.  Any candidate or other person who is a citizen of  the Cherokee Nation or a member of any other federally recognized Indian   tribe who has violated any requirement or prohibition in Sections 43 and 44 of this Title shall be guilty of a crime and subject to disqualification by the Election Commission as provided under Section 38 of this Title.

B.                     Civil Damages. Any candidate, other person, corporation or other legal entity who or which has knowingly made or accepted a campaign contribution  or made a campaign expenditure on behalf of a candidate in violation of Sections 43 and 44 of this Title shall be liable to the Election Commission and  to any party whose name appeared on the ballot in opposition to said candidate in the amount of double the value of the unlawful contribution or expenditure. Said damages shall be payable to each plaintiff filing suit in the Cherokee Nation District Court within six (6) months of the final election date, upon a finding of a violation(s) by said Court, plus reasonable attorney’s fees incurred

 

CAMPAIGN FINANCE                     26 CNCA § 46

 

in the suit. Reasonable attorney’s fees incurred in a suit brought under this subsection may be awarded to the defendant if judgment is rendered in defendant’s favor.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Election Law O698.

Westlaw Topic Nos. 142T, 209.

Library References

 

§ 46. Financial disclosure report-Forms-Time of filing-Corrections- Late filing-Failure to file

A.                     Report Forms; Certification. Each candidate filing for elective office of  the Cherokee Nation shall file with the Election Commission, a certified monthly and final financial disclosure report on forms provided by the Election Commission. The report shall include information for each of the financial agents named by the candidate pursuant to 26 CNCA § 42.

B.                     Time of Filing Monthly Report; Late Filing, Failure to File. Each candi- date shall deliver a complete monthly financial disclosure report to the Election Commission Office beginning with a report for the month that the candidate filed for office. The report shall comprise of the entire previous month, beginning on the first day of the month and ending on the last. The report shall be due on the fifteenth day of the following month. In the event that the Election Commission has not received a monthly report by the fifteenth day of the month in which it was due, the Commission shall impose a fine in the amount of One Hundred Dollars ($100.00) on the candidate and shall send a notice of the failure to meet the deadline and notice of the fine to the candidate by certified mail return receipt requested. Unless the candidate can show extenuating circumstances for his or her failure to file a report or the filing of  an incomplete report by the fifteenth day of the month following the month in which it was due; failure to meet the deadline for any two (2) monthly reports; or failure to pay a fine by the date of election, the candidate shall be  disqualified from the election by the Election Commission after notice and hearing. Said disqualification may be appealed to the Cherokee Nation Su- preme Court. The Election Commission shall expedite all such proceedings.

C.                     Time of Filing Final Report; The candidate or his financial agent shall  file a final financial disclosure report no later than five (5) days prior to the  date for swearing in of the successful candidates. The candidate receiving the highest number of votes in any Cherokee Nation Election shall not be eligible to take office until his or her final report is filed.

D.                     Corrections; Revisions; Retention of Reports. The Election Commission shall give the candidate an opportunity to correct any deficiency or error in his or her reports. Any contributions received during the six (6) months period following said election date shall be recorded on a revised final report to be   filed no later than the first of the month following the expiration date of said six (6)-month period. The reports shall be maintained by the Election Commission

 

26 CNCA § 46

ELECTIONS

 

Office, which shall preserve the reports in a secure location for at least five (5) years, during which time they shall be a public record available for inspection and copying for a reasonable fee for search and/or making copies of such  reports.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Library References

Indians                     217. Westlaw Topic No. 209.

 

§ 47. Financial disclosure report-Contents

A.                     Contributions. With respect to contributions, the report shall include the name, occupation and mailing address of the source of each contribution.

B.                     Expenditures. The report shall detail expenditures in categories set forth on the report form, excluding filing fees, any interest earned on contributions, candidate’s costs for necessary personal travel within the boundaries of the Cherokee Nation, and candidate’s subsistence expenses. Payment made by a candidate or his or her financial agent from the candidate’s own funds shall be included as expenditures for purposes of this subsection, and may be shown as  a loan from the candidate or may include any funds loaned to the candidate by  a bank, savings and loan association or credit union and on his or her own behalf, and shall not be considered as contributions. All expenditure from loans shall specify the name of the lending institution, the date and amount of the loans. The candidate may reimburse his or her personal funds from campaign contributions in the amount of the reported loan(s).

C.                     Radio and television time. Where radio and television time is donated or offered on an equal basis to all qualified candidates for any particular office, said donation shall be reported by or on behalf of each candidate receiving the same, without assigning any cash value thereto.

D.                     No financial activities. If there has been no financial activity subject to the reporting requirements of this section for the reporting period, the candi- date and/or his or her financial agents shall so certify on the report.

E.                     Certification; criminal sanctions for misrepresentation. Each financial disclosure report shall be certified by the candidate or his or her financial agents. A candidate or a candidate’s financial agent who certifies a report and therein knowingly fails to fully disclose the information required in this section as to any gift, promise, treat, reward, favor, or anything of value given or expended, is guilty of a crime. If a person is convicted of a criminal violation under this subsection, then he or she shall not hold the office and shall be barred for a period of five (5) years from holding any elective office of the Cherokee Nation. Where any person who has received the highest number of votes for any office is disqualified from holding said office, a special election shall be held to elect another person to hold such office. If the candidate has been elected and sworn into office, such conviction may be grounds for removal under Article XI of the Cherokee Constitution.

 

CAMPAIGN FINANCE                     26  CNCA  §§ 48  to 50

Reserved

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

Library References

Indians                     217. Westlaw Topic No. 209.

 

§§ 48 to 50. Reserved

 

 

 

 

 

 

 

 

 

Section

CHAPTER 6 CONDUCT OF ELECTIONS

ARTICLE I.   GENERAL PROVISIONS

51.                     Official election dates-Notice

52.                     Electioneering

53.                     Watchers

54 to 60. Reserved

ARTICLE II. VOTING GENERALLY

61.                     Precinct and hours-Notice

62.                     Manner of voting generally

63.                     Voting by persons with physical disabilities or language barriers

64.                     Challenged ballots

65.                     Spoiled ballots

66.                     Mutilated ballots 67 to 70. Reserved

ARTICLE III. ABSENTEE VOTING

71.                     Allowance of absentee voting

72.                     Requests for absentee ballots generally

73.                     Time for filing of requests for absentee ballots-Furnishing of ballots generally

74.                     Procedure upon rejection of application for absentee ballot

75.                     Transmittal of ballots to voters generally-Preparation of record of ballots issued

76.                     Form of absentee ballot

77.                     Material to accompany absentee ballot generally

78.                     Return of absentee ballot

79.                     Handling of returned absentee ballot generally

80.                     Handling of requested absentee ballots not received and spoiled absentee ballots

81.                     Voters requesting absentee ballots at precincts

82.                     Crediting of absentee voters 83 to 90. Reserved

ARTICLE IV. COUNT AND RETURN OF VOTES-RECOUNTS AND RUNOFFS

91. Processing of absentee ballot affidavits

91.                     Processing of absentee ballot

92.                     Counting-Certificate of votes and consolidated return-Preservation of materi- als-Certification of results

93.                     Recounts

94.                     Runoffs

95 to 100. Reserved

ARTICLE V. CHALLENGES TO ELECTION RESULTS

101.                     Procedure for election appeals generally

102.                     Conduct of appeal hearings

103.                     New election where determination of contest impossible

 

 

ARTICLE I GENERAL PROVISIONS

§ 51. Official election dates-Notice

A.                     General election. The general primary election for elective offices shall be the first Saturday in June of the election year.

 

CONDUCT OF ELECTIONS                     26 CNCA § 52

 

B.                     Runoff election. The runoff election for a general election shall be the fourth Saturday in July of the election year.

C.                     Special Election; Special Dates and Procedures. A special election shall  be called in accordance with the Constitution for a specifically stated purpose  or purposes.  The Council shall determine the date for the primary election,   and if necessary the date for a runoff election. Special elections shall be conducted in compliance with this Title, provided that the deadlines established in this Title for the following purposes may be changed and specially set by the Election Commission and confirmed by the Council to meet the particular  needs related to a special election: the cut-off date for eligibility to vote in an election established in 26 CNCA § 21, the deadline for providing voter lists to candidates established in 26 CNCA § 25, the candidacy filing date established  in 26 CNCA § 36, the swearing-in date established in subsection (E) of this section, the absentee ballot request deadline and absentee ballot issuance dates established in 26 CNCA § 73, and any other date which requires special setting. Special elections for Constitutional provisions may be conducted, if authorized by the Council, by mail-in vote.

D.                     Notice. Notice of each election date shall be given by the Election Commission.

E.                     Swearing in of elected officials. The swearing in of the successful candidates for elective office shall be August 14 of the election year.

History

Source. LA 06-10, eff. February 23, 2010.

Amended. LA 46-12, eff. December 17, 2012.

Amended. LA 04-14, eff. February 19, 2014.

Amended. LA 12-16, eff. May 18, 2016.

 

 

Indians                     217. Westlaw Topic No. 209.

 

§ 52. Electioneering

Library References

A.                     Electioneering Near Polling Area: No person shall be allowed to election- eer inside any precinct or within three hundred (300) feet outside of the entrance to any precinct while an election is in progress, nor shall any person  or persons, except precinct officials and other persons authorized by law, be allowed to approach the ballot box while an election is in progress. Prohibited activities within the prescribed area by a candidate or other persons on election day which might reasonably be construed as electioneering shall include the following: wearing any article of clothing with any candidate’s name or office   on it or holding any article with any candidate’s name or office on it; or distribution or display of any written materials, campaign literature or cam- paign items of any kind or nature within the prescribed area, other than that provided by the Election Commission.

B.                     Obstructing or Impeding Voter Access to Polling Place: No person shall  be allowed to impede or obstruct voters attempting to access polling places  while an election is in progress, including, but not limited to, by obstructing or impeding any entrances or exits utilized by vehicles occupied by voters travel- ing to or traveling from the polling place.

 

26 CNCA § 52

ELECTIONS

 

C.                     Enforcement, Notice to Law Enforcement and Regulations: Persons engaged in the conduct proscribed in paragraphs A and B above, shall  be subject to removal by local law enforcement and/or the Cherokee Nation Marshal Service at the request of the appropriate official, including but not limited to any precinct official. The Election Commission shall notify appropri- ate law enforcement departments of the provisions set forth in subsections (A) and (B) of this section.

D.                     Employee Solicitation: Use of official website of the Cherokee Nation, the Cherokee Nation intranet, employee address list or office phone extensions for political purposes is prohibited. Any candidate, other person, corporation or legal entity that violates this section shall be assessed a civil penalty per occurrence.

E.                     Criminal Sanctions.  Any candidate or other person who is a citizen of  the Cherokee Nation or a member of any other federally recognized Indian   tribe who has violated any requirement or prohibition in this section shall be guilty of a crime.

 

 

Source. LA 06-10, eff. February 23, 2010.

History

Amended. LA 04-14, eff. February 19, 2014.

Amended.  LA 46-12, eff. December  17, 2012.                     Amended. LA 12-16, eff. May 18, 2016.

 

 

Precinct Boards, see 26 CNCA § 12.