Committee: Rules Author: R.Osburn/D. Hammons
Date: 6-19-06 Committee Date: 6-29-06 Sponsor: Meredith Frailey
An Act
Legislative Act 14-06
A LEGISLATIVE ACT RELATED TO TITLE 26 "ELECTIONS", AS AMENDED BY
LA#39-05; AMENDING PROVISIONS FOR IN PERSON ABSENTEE VOTING
BE IT ENACTED BY THE CHEROKEE NATION: Section 1. Title:
This act shall be known as the "Election Code Amendment Act of 2006" and codified as Title 26 Sections 62(D), 73(B) of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to amend how the absentee ballets are handled. Section 3. Legislative History
Title 26, "Elections", of the Cherokee Nation Code Annotated as amended by Legislative Act
39-05.
Section 4. Definitions
None.
Section 5. Amendment
Legislative Act 39-05 is hereby amended as follows: 62(D) In person absentee voting:
Any voter may vote by an in-person absentee ballot at the Election Commission Office located at Tahlequah Oklahoma from 9:00 a.m. to 5:00 p.m. on Tuesday, Wednesday, and Thursday, immediately preceding any election provided for by this Act. As part of the application for an person absentee ballot such voter shall swear or affirm that he or she has not voted a regular mail absentee ballot and that he or she will not vote at the regular polling place in the election for which the in-person absentee ballot is requested. Any voter who violates the provisions of this section shall be guilty of a crime.
The Election Commission shall develop rules and procedures to carry out the requirements of this section.
73(B)
Runoff. In the event of a runoff, the Election Services Office shall automatically send an absentee ballot to all registered voters who were sent an absentee ballot for the primary election, except for registered voters whose absentee ballots in the primary were returned unopened due to bad addresses. Absentee ballot requests for a runoff election by persons who did not vote by absentee ballot in the general election must be received by the Election Services Office by the third Monday of June of the election year. Absentee ballots for a runoff shall be mailed during a two-day period starting on the second Monday in July of the election year and ending on the Tuesday immediately following said Monday unless there is a challenge to the election or there is a request for a recount in which case the absentee ballots for the runoff shall be mailed as soon as possible after the resolution of any challenge or recount.
Section 6. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 7. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Emergency declared
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this act shall take effect and be in full force after its passage and approval.
Section 9. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.
Enacted by the Council of the Cherokee Nation on the 10th day of July, 2006.
Meredith Frailey, Speaker Council of the Cherokee Nation
Don Garvin, Secretary Council of the Cherokee Nation
Approved this 13th day of July, 2006
Chad Smith, Principal Chief Cherokee Nation
ATTEST: Melanie Knight, Secretary State Cherokee Nation
YEAS AND NAYS AS RECORDED:
Audra Smoke-Conner YEA Melvina Shotpouch YEA
Bill John Baker YEA Meredith A. Frailey YEA
Joe Crittenden YEA John F. Keener YEA
Jackie Bob Martin YEA Cara Cowan Watts YEA
Phyllis Yargee YEA Buel Anglen YEA
David W. Thornton, Sr. YEA William G. Johnson YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Linda Hughes-O'Leary YEA Jack D. Baker YEA
Taylor Keen YEA
Cherokee Nation
Act/Resolution Proposal Form
Resolution
Act
TITLE: Election Code Amendments
Department Contact: Justice Department
Resolution Presenter: A.
Council Sponsor: Meredith Frailey
NARRATIVE:
(See Attached Outline for Information Needed)
Amending Election Code LA 39-05 November 17, 2005
ADMINISTRATIVE CLEARANCE:
Program/Project Manager: Cl/N/0
Signature Date
Department Director:
Signature Date
Group Leader:
Signature Date
Government Resources Group:
Administration Approval:
Signature
LEGISLATIVE CLEARANCE
Legislative Aide:
Signature/Initial Date
Next Meeting Date
Chairperson:
Signature/Initial Date
Returned to Presenter:
Date