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File #: 20-058    Version: Name: CHEROKEE NATION ELECTION CODE
Type: Legislative Act Status: Passed
File created: 9/9/2020 In control: TRIBAL COUNCIL
On agenda: 9/24/2020 Final action: 10/20/2020
Enactment date: 10/13/2020 Enactment #: LA-22-20
Title: AN ACT REVISING AND RESTATING TITLE 26 ("ELECTIONS") OF THE CHEROKEE NATION CODE ANNOTATED
Sponsors: Mike Dobbins, Joe Deere
Indexes: Election, Election Commission, Election Law, Election Law Reform
Code sections: Title 26 - Elections
Attachments: 1. LA-22-20.PDF
Related files: 16-025, 20-089

Title

AN ACT REVISING AND RESTATING TITLE 26 ("ELECTIONS") OF THE CHEROKEE NATION CODE ANNOTATED

Body

BE IT ENACTED BY THE CHEROKEE NATION:

 

Section 1.                     Title and Codification

 

This Act shall be known as the “Cherokee Nation Election Code” and shall be codified as Title 26 of the Cherokee Nation Code Annotated. 

 

Section 2.                     Findings

 

The Council of the Cherokee Nation finds that an emergency exists within the Cherokee Nation and that the existing Title 26 entitled "Elections" has numerous scrivener’s errors and needs substantive changes to enhance the electoral process and protect the voting rights of Citizens of the Cherokee Nation.

 

Section 3.                     Purpose

 

The purpose of this Act is to revise and restate the existing Title 26 entitled "Elections" in its entirety to correct numerous scrivener’s errors and to make substantive changes to enhance the electoral process and protect the voting rights of Citizens of the Cherokee Nation.

                     

Section 4.                     Legislative History

 

Article VI, Section 7 of the Cherokee Nation Constitution states that the Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation.  The Council has previously legislated, adopted and revised Title 26 entitled “Elections” as follows:

 

L.A. 9-85 Eff. July 13, 1985

L.A. 35-89 Eff. Sept. 9 1989

L.A. 6-91 Eff. March 9, 1991

L.A. 2-87 Eff. Feb. 14, 1987

L.A. 12-90 Eff. Nov. 13, 1990

L.A. 5-87 Eff. Feb. 14, 1987

L.A. 8-87 Eff. Feb. 26, 1987

L.A. 11-87 Eff. March 14, 1987

L.A. 6-87 Eff. Feb. 14, 1987

L.A. 9-87 Eff. Feb. 26, 1987

L.A. 14-87 Eff. March 14, 1987

L.A. 7-87 Eff. Feb. 14, 1987

LA. 12-87 Eff. May 11, 1987

L.A. 23-87 Eff. June I1, 1987

L.A. 3-87 Eff. February 14, 1987

L.A. 4-87 Eff. Feb. 14, 1987

L.A. 7-97 Eff. May 12, 1997

L.A. 39-05 Eff. Nov. 14, 2005

L.A. 06-10 Eff. Feb. 16, 2010

L.A. 46-12 Eff. Dec. 10, 2012

L.A. 04-14 Eff. Feb. 10, 2014

L.A. 26-14 Eff. Sept. 15, 2014

L.A. 12-16 Eff. May 18, 2016

 

Section 5.                     Substantive Provisions

 

The existing Title 26 entitled "Elections" is hereby revised as follows, restated in its entirety and enacted as follows:

 

TITLE 26

ELECTIONS

CHAPTER 1

General Provisions

 

§ 1.  Purpose

 

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.

 

§ 2.                     Authority.

 

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.

 

§ 3.                     Definitions.

 

For purposes of this Title, the following terms shall be defined as follows (see also § 41):

 

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 as provided herein, 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 as provided herein at the time of the first election to fill At-Large Council seats pursuant to Article VI § 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 Chapter 4 §§31-34 of this Title and in accordance with the Cherokee Nation Constitution.

4.                     Citizen of the Cherokee Nation. "Citizen of the Cherokee Nation" or “Citizen” means a person enrolled as a citizen of the Cherokee Nation pursuant to 11 C.N.C.A. §§ 11-14.

5.                     Computer Technology. "Computer Technology" shall include electronic hardware and software.

6.                     Constitutional Amendment. “Constitutional Amendment” means Constitutional 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/or 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 legitimate purposes related to the                   conduct of an election.

10.                     Criminal Violation.  “Criminal Violation” means a violation of: (i) any provision of this Title identified herein as a crime; or (ii) any provision of the Penal Code of the Cherokee Nation.

11.                     Election Commission. "Election Commission" means the Cherokee Nation Election                Commission created pursuant to Article IX, Section 1 of the Cherokee Nation Constitution.

12.                     Electoral Fraud or Election Fraud. “Electoral Fraud” or “Election Fraud” means any illegal interference with the process of an election, including but not limited to:

a.                     Any violation of the Penal Code of the Cherokee Nation, including Chapter 11A;

b.                     In-person voter fraud (voter impersonation/attempting to vote for any person other than yourself);

c.                     Fraudulent activity involving absentee ballots and/or absentee ballot requests, including, but not limited to, doctoring or changing absentee ballot requests; 

d.                     Ballot stuffing (casting illegal votes or submitting more than one ballot per voter);

e.                     Voting under the name of a deceased person;

f.                     Ineligible voting (casting a ballot by a person not eligible to vote);

g.                     Voter suppression (intentional acts to lower or suppress the number of voters who might otherwise vote in a particular election);

h.                     Voter registration fraud (fraudulently filling out and/or submitting a voter registration and/or request for any person other than yourself without their consent, real or fictional, or forging his or her signature on the registration and/or request).

i.                     Vote-buying (any agreement between a voter and another exchanging anything for a person’s vote); and/or

j.                     Tampering or manipulation of ballots and/or returns.

13.                     Election Outcome. “Election Outcome” means the determination of the Candidate winning an election for office, and/or the determination of the passage or failure of an Initiative Petition or Referendum Petition question.

14.                     Election Results. “Election Results” means the number of votes in favor of each Candidate for office, and/or the number of votes in favor of and opposed to each Constitutional Amendment or Initiative Petition or Referendum Petition question.

15.                     Election Commission Office.  “Election Commission Office” means the Cherokee Nation Election Commission Office established under § 14 of this Title and when Election Commission Office is in any of the following sections, it is referencing the Election Office.

16.                     Elective Office. "Elective Office" means the office of Principal Chief, Deputy Principal Chief, and/or Tribal Council. 

17.                     Election Period. “Election Period” shall include the Primary Election and the Runoff Election through the completion of any applicable challenge and/or certification proceedings.

18.                     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: (i) consideration of Referendum Petitions and Initiative Petitions pursuant to Article XV, Sections 3 and 4 of the Cherokee Nation Constitution; and/or (ii) consideration of  Constitutional Amendments pursuant to Article XV, Section 2 and Section 3 of the Cherokee Nation Constitution.

19.                     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. 

20.                     Jurisdictional Boundaries. ”Jurisdictional Boundaries” means the boundaries of the Cherokee Nation 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 encompasses all or portions of the northeastern fourteen counties of Oklahoma.

21.                     Officer. "Officer" means the Principal Chief and/or Deputy Principal Chief.

22.                     Original Enrollee. "Original Enrollee" is as defined by 11 C.N.C.A. § 3 (L), derived only    through proof of Cherokee blood based on the final rolls.

23.                     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.

24.                     Precinct. “Precinct” shall mean an official voting place within a district, as designated by the Election Commission.

25.                     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 § 12(C) of this Title.

26.                     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.

27.                     Principal Chief. “Principal Chief” means the Principal Chief of the Cherokee Nation.

28.                     Referendum Petition. “Referendum Petition” means a petition submitted by registered voters of the Cherokee Nation for purposes of submitting to a vote of the people all or a portion of a Council enactment pursuant to the provisions of Article XV, Sections 1, 3, 4, 5 and 6 of the Cherokee Nation Constitution.

29.                     Registered Voter.  “Registered Voter” means a Citizen of the Cherokee Nation who has registered to vote pursuant to the Cherokee Nation Constitution and this Title.

30.                     Registration.   “Registration” means the act of registering to vote by a Citizen of the Cherokee Nation in a resident voter's home district where the person resides, or in the case of a Citizen of the Cherokee Nation residing outside of the jurisdictional boundaries of the Cherokee Nation non-resident voter, the act of registering as an At-Large Registered Voter or in the district of choice, in accordance with Article VI, Section 3 of the Cherokee Nation Constitution.

31.                     Re-register. “Re-register” means the act of changing a voter the Registration of a Citizen of the Cherokee Nation as a result of a change in residency for purposes of changing their Voting District or for other legitimate purposes.

32.                     Resident Registered Voter. "Resident Registered Voter" means a person a Citizen of the Cherokee Nation whose residence is inside of the jurisdictional boundaries of the Cherokee Nation at the time he or she registers to vote as provided herein.

33.                     Runoff Election. “Runoff Election” means the election of one of the two candidates for an Elective Office executive office or Council seat who had the highest number of votes at the Primary Election. A Runoff Election may occur during a General Election or Special Election.

34.                     Signature.  “Signature” or “Sign” means a natural person's mark or written name in a distinctive way as a form of identification in authorizing a document or other writing.

35.                     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:       (i) consideration of Referendum Petition and/or Initiative Petition when a Special Election is required by the Council or Principal Chief pursuant to Article XV, § 4 of the Cherokee Nation Constitution; (ii) consideration of Constitutional Amendments when a Special Election is required by the Council pursuant to Article XV, §§ 2 and/or 4 of the Cherokee Nation Constitution; (iii) election authorized by the Council to fill Council vacancies pursuant to Article VI, § 13 of the Cherokee Nation Constitution; or (iv) election of the Principal Chief pursuant to Article VII, § 5 of the Cherokee Nation Constitution.

36.                     Voters List.  “Voters List” means the names, district, and precinct of each Registered Voter who is eligible to vote in an upcoming election as provided in §23 of this Title of this Title and may be subject to the exclusion of certain personal voter information as provided in §23(C) of this Title.

37.                     Voting District or District. “Voting District” or “District” as used herein means any one of the representative districts within the boundaries of the Cherokee Nation established by the Council pursuant to Article VI § 3 of the Cherokee Nation Constitution.

§ 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.

 

§ 5 to 10.  Reserved.

 

CHAPTER 2

Supervisory Bodies and Election Commission Office

 

§ 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 and this fifth member 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, § 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, supervision, 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 concerning personnel, contracting and meeting requirements which shall be exclusive and controlling as to the Election Commission.  Such policies must include provisions relating to Cherokee preference in contracting, hiring and promotion.  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.

 

3.                     Vacancies. In the case of death, removal or resignation of a Commissioner 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 corporation, agency or other entity which is at least fifty-one percent (51%) 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 conducting all General Elections 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 secretary/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 Election 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 machines 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 related 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 Assessor’s websites, 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 General Election for which said rules and regulations are intended 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 General 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 Elective Office pursuant to § 36(C) of this Title and have the first authority to consider challenges to Candidate eligibility;

 

11. Conduct all election recounts pursuant to § 93 of this Title;

 

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

 

13. Prepare and order the official ballot or ballots prior to the applicable election;

 

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

 

15. 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;

 

16. Engage in any other activities for the performance of its responsibilities as required by the provisions of this Title.

 

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

 

18. Audit all financial reports and disclosures required by this Title, and to report any Criminal Violations of this Title to the Cherokee Nation Attorney General for prosecution as applicable. Further the Election Commission has the authority to assess any penalties or other sanctions authorized by this Title. Any accusations of Criminal Violations of this Title concerning campaign activities shall be reported to the Cherokee Nation Marshal Attorney General for investigation and/or the Cherokee Nation Attorney General for prosecution as applicable.  Should the Cherokee Nation Attorney General prosecute any Criminal Violation(s) 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 § 38 of this Title. 

 

D.                     Meetings.  The Election Commission shall conduct business in open meetings at the Election  Commission Office or other public location designated by the Election Commission, pursuant to policies and procedures developed by the Election Commission, provided that the Election Commission may attend work sessions in which the duties of the Election 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 Commission Office, preparing election supplies and other miscellaneous duties and may engage in work sessions where no policy decisions were required by a vote of the Election Commission that any action requiring the vote of the body shall be referred to the Election 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 as a member of the Election Commission for committing any of the following acts:

 

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

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.                     criminal conviction for violating violation of any law of the Cherokee Nation that would be a felony in the State of Oklahoma; or

8.                     criminal felony conviction for violating any state or federal law.

 

A petition for removal of an Election Commissioner may be brought by a majority vote of the Council or the Principal Chief.  An Election Commissioner accused of violating the provisions of this Title 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 member of the Election Commission has committed an act that would warrant removal that person shall be removed as a member of the Election Commission.

 

§ 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 Title for each Precinct as defined in § 3 of this Title, 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, and may include titles such as inspector, judge, clerk and any others position and/or 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 Elective Office or person who is related within the first degree by either consanguinity or affinity to a Candidate for Elective Office shall serve on a Precinct Board.

 

C.                     Duties. Each Precinct Board shall attend a mandatory training to be held by the Election Commission prior to the election. The Precinct Board shall oversee the conduct of General Elections and Special 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 identification;

 

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 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 § 64 of this Title;

 

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;

 

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 that appears to violate § 52 of this Title to the Election Commission.  Such reports shall be based on actual observations or information from another person to the Precinct Board.  The Election Commission shall document and report any such conduct and/or incidents to the Cherokee Nation Marshal Service or other appropriate 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 member of the Precinct Board Member to leave the Precinct or premises, said member cannot return to the Precinct.

 

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

 

 

§ 13.                     Oath.

 

Each Election Commission member, each member of the Election Commission 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."

 

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

 

B.                     Staff.  All Election Commission staff, excluding members of the Election Commission, shall be deemed employees of the Election Commission and shall be interviewed 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 an 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 the 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 Citizen of the Cherokee Nation 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 Commission. 

 

E.                     Other Staff MembersThe Election Commission shall employ all other employees as determined necessary needed by the Election Commission to conduct their constitutionally required duties.

 

§ 15.                     Record Retention

 

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 that 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 Election Commission at a regular or special Election Commission meeting.

 

§16 to 20. Reserved.

 

 

CHAPTER 3

Qualifications and Registration of Voters

 

§ 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 General Election or Special 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 General Election or Special Election;

 

2.  The person shall be registered to vote no later than the last business day in March of the election year. Provided that a Citizen of the Cherokee Nation that is 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.);

 

3.  If said person is a Resident Registered Voter, as defined herein, he/she shall affiliate with the district in which he or she resides.

 

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

 

5.                     Any person who voted in the last primary, general or special election shall be deemed eligible to vote unless the Election Commission has notice that such person has relinquished their citizenship with the Cherokee Nation. The Election Commission shall maintain 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, may complete a voter registration form and may be 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-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 expiration of the ninety (90) day period, the At-Large Registered Voter fails to provide such notice, the voter shall be assigned to the appropriate district based on the Precinct chosen at the time of registration.

 

                     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 Precincts 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 Candidates for Council within the district in which the person was registered to vote as of said date.

 

                     5.                     At-Large Registered Voters who have previously chosen districts. At-Large Registered Voters who have previously selected a district within the jurisdictional boundaries of the Cherokee Nation in accordance with the Cherokee Nation Constitution (Article VI, § 3,) may select to continue to be registered to vote in a district that was subsequently part of their original district, at the time of the 2013 election.

 

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.

 

§22.                     Registration Process.

 

A.                      Ongoing Process. The Election Commission Office shall conduct registration of voters on an ongoing basis. This process shall include periodic publicity and community outreach efforts by the Election Commission Office. 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 Commission Office shall issue voter identification cards to registered voters. Whenever possible, the card should be in a picture ID format. The card maybe used as a convenient means of identification of person whose names appear on the voters list.

 

§ 23.                     Voter Data Base; Coordination with Registrar; Preparation of List of Voters.

 

A.                     Data Base. The Cherokee Nation Election Commission Office shall establish 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 Voters 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: (i) name; (ii) last known registered address; (iii) date of birth; (iv) last known phone number; (v) social security number or other identifying number; (vi) date of citizenship enrollment; (vii) dates of voter registration and re-registration; (viii) voting district and precinct; (ix) the voter’s participation in past elections; and (x) any other information deemed relevant by the Election Commission Office. provided that Any list released pursuant to § 25 of this Title 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.

 

§ 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 of the Cherokee Nation 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.

 

 

 

§ 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. 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.

 

§ 26 through 30.  Reserved.

 

CHAPTER 4

Qualifications of and Filing by Candidates

 

§ 31.                     General Qualifications of Candidates for Elective Office - Generally; 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 percent 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.

 

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

 

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

 

A.                     Age. The Candidate shall have obtained the age of thirty (30) years at the time of the election.

 

B.                     Residence. The Candidate shall have established a bona fide permanent residence within the jurisdictional boundaries of the Cherokee Nation for no less than 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 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.

 

§ 33.                     Special Qualifications for Council.

 

In addition to the general qualifications set forth in § 31 of this Title, 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 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 270 days immediately preceding the day of the general election to which he or she is seeking election.

 

§ 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:

 

A.                     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. 

 

B.                     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 continuous period of 270 days for the time-period outlined in the requirements for each elective office.

 

                                          1.                     Current driver's license(s), Utility bill or bills.

                                          2.                     Income tax return from the preceding year.

                                          3.                     State or county voter’s registration.

                                          4.                     Homestead exemption.

                                          5.                     A bona fide document evidencing such verification.

 

§ 35.                     Filing fees generally.

 

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 provisions of this law.

 

§ 36.                     Filing of Candidacy; Withdrawal of Candidacy.

 

A.                     Filing Period.  The filing date shall be for a four (4) day period commencing 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 citizenship card issued in his or her name in accordance with Articles IV, VI, VII of the Constitution  and Title 11 of the Cherokee Nation Code Annotated;

 

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 owned by the Cherokee Nation, and acknowledgment 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 Title 28 of the Cherokee Nation Code Annotated;

 

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 Commission shall conduct background checks and review all information necessary for a determination of eligibility pursuant to regulations prescribed by the Commission. 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 § 3(3) of this Title, 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.

 

§ 37.                     Challenges.

 

A.                     No Third Party Challenge of EligibilityAny Citizen of the Cherokee Nation registered to vote Unless a Candidate is unopposed, only opposing Candidate(s) shall have the right to contest the eligibility of any Candidate 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 hearing 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 opportunity to respond at a hearing before the Election Commission. In the case of an unopposed Candidate, only a Registered Voter from within the district may contest the eligibility of the unopposed Candidate.

 

B.                     Candidate Eligibility Determination Appeals to Cherokee Nation Supreme 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 Commission’s notice of denial or approval of eligibility for candidacy.  Only the person denied eligibility, the opposing Candidate, or Registered Voter as provided above,  person who originally filed a protest challenging the person's eligibility shall be permitted to file an appeal. The Election Commission 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 opposing Candidate, or a Registered Voter as provided above, 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 eligibility shall be final.

 

§ 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 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 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 Candidate or other 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, subject to the applicable criminal and/or civil sanctions set forth herein and shall may be referred to the Attorney General of the Cherokee Nation for prosecution as applicable.

 

C.                      After a hearing held in conformance with the regulations adopted by the Election Commission, any non-Indian person, corporation or other legal entity who or which has been 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 civil violation and shall be subject to the civil penalties as provided herein.

 

D.                     Said regulations shall provide the Candidate, person, corporation, other legal entity, and/or Citizen with reasonable notice of the violations charges and the opportunity to respond at a hearing before the Election Commission, and shall specify the manner in which the violations 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 § 37 (B) of this Title.

 

§ 39 and 40.  Reserved.

 

 

 

 

CHAPTER 5

Disclosure of Campaign Finances

 

§ 41.                     Definitions.

 

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

 

A.                     Campaign contribution. "Campaign contribution" means a contribution in money or goods 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. A candidate that withdraws from an election or fails to file, must report their contributions, any excess contributions beyond expenses must be forwarded to the Election Commission or returned to contributors by the end of the applicable election period.

 

B.                     Campaign expenditure. "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.  A Candidate that withdraws from an election or fails to file must report their contributions, any excess contributions beyond expenses must be forwarded to the Election Commission or returned to the contributors by the end of the applicable election period.

 

C.                     Financial Agent. "Financial agent" means the person or persons designated and authorized by a Candidate to accept contributions and pay obligations related to the Candidate's campaign pursuant to § 42 of this Title.

 

D.                        Report. "Report" means a financial disclosure report required by this Chapter. 

 

E.                     Legal Entity.  "Legal Entity" means any associations or groups comprised of any combination of individuals or corporations that expresses interest by political activities, financial contributions or other methods of either support for or opposition to any Candidate for any office in any Cherokee Nation Election.

 

F.                     Loans.  “Loan” shall be 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.

 

G.                     In-Kind Contribution.  “In-Kind Contribution” shall mean 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, occupation, and the fair market value of the good or service contributed. 

 

 

§ 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, person 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.

 

§ 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 natural 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 their 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.

 

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 Candidate, person, corporation or other legal entity shall use or threaten to use physical force,  job discrimination, employment 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 occup