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File #: 20-089    Version: 1 Name: CNCA 26 AMENDMENT TO PROHIBIT THE WITNESSING OF ABSENTEE BALLOTS BY A CANDIDATE
Type: Legislative Act Status: Filed
File created: 12/2/2020 In control: RULES COMMITTEE
On agenda: 12/15/2020 Final action:
Enactment date: Enactment #:
Title: AN ACT AMENDING TITLE 26 SECTION 78(A) OF THE CHEROKEE NATION CODE ANNOTATED TO PROHIBIT THE WITNESSING OR NOTARIZING OF ABSENTEE BALLOTS BY A CANDIDATE
Sponsors: Mike Dobbins
Indexes: Absentee Ballots, Election, Election Law, Notary
Code sections: Title 26 - Elections
Related files: 20-058, 20-057, CNCA-26
Title
AN ACT AMENDING TITLE 26 SECTION 78(A) OF THE CHEROKEE NATION CODE ANNOTATED TO PROHIBIT THE WITNESSING OR NOTARIZING OF ABSENTEE BALLOTS BY A CANDIDATE
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Act codifies certain amendments to Title 26 § 78(A) of the Cherokee Nation Code Annotated to prohibit the witnessing of absentee ballots by a candidate.

Section 2. Findings

The Council of the Cherokee Nation finds that an emergency exists within the Cherokee Nation, that Title 26 § 78(A) of the Cherokee Nation Code Annotated provides verification of a voter by having the affidavit envelope signed by one (1) witness without limitation on the identity of the witness, and that it is necessary and proper to prohibit the witnessing or notarizing of absentee ballots by a candidate.

Section 3. Purpose

The purpose of this Act is to amend Title 26 § 78(A) of the Cherokee Nation Code Annotated to prohibit a candidate from providing a witness signature on the affidavit envelope, witnessing, or notarizing a voter’s absentee ballot. Voter identification and verification is the fundamental foundation for Cherokee citizens to have confidence in the legitimacy of Cherokee elections. Voter identification and verification should be achieved through the prohibition of the candidate from witnessing or notarizing a voter’s absentee ballot.

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.

Source. LA 06-10, eff. February 23, 2010.
History
Amended. LA 26-14, eff. October 25, 2014.
Amended. LA 46-12, eff. December 17, 2012.
Amended. LA 04-14, eff. February 19, 2014.
Amended. LA 12-16, eff. May 18, 2016.
Amended. LA 24-20, eff. October 13, 2020.

Section 5. Substantive Provisions

§ 78. Return of absentee ballots
A. A voter shall mark his ballot in permanent black or b...

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