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File #: 21-096    Version: 1 Name: TITLE 26 AMEND "ELECTIONS" RULES, REGULATIONS AND FORMS UPDATE
Type: Legislative Act Status: Passed
File created: 9/14/2021 In control: TRIBAL COUNCIL
On agenda: 9/30/2021 Final action: 11/19/2021
Enactment date: 11/15/2021 Enactment #: LA-48-21
Title: AN ACT AMENDING TITLE 26 SECTION 11(C) OF THE CHEROKEE NATION CODE ANNOTATED TO REQUIRE THE CHEROKEE NATION ELECTION COMMISSION TO AMEND THEIR RULES, REGULATIONS AND FORMS UPON PASSAGE OF LEGISLATION BY THE COUNCIL
Sponsors: Julia Coates, Mike Dobbins
Indexes: Election, Election Board Commisison, Election Commission, Election Law, Election Law Reform, Rules and Regulations
Code sections: Title 26 - Elections
Attachments: 1. LA-48-21.PDF
Related files: 09-114, 12-150, 14-004, 14-059, 16-025, 20-057, 22-028
Title
AN ACT AMENDING TITLE 26 SECTION 11(C) OF THE CHEROKEE NATION CODE ANNOTATED TO REQUIRE THE CHEROKEE NATION ELECTION COMMISSION TO AMEND THEIR RULES, REGULATIONS AND FORMS UPON PASSAGE OF LEGISLATION BY THE COUNCIL
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BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Act amends Title 26 ? 11(C)(7) of the Cherokee Nation Code Annotated (the "Code") to require the Cherokee Nation Election Commission ("CNEC") to amend their rules, regulations, and forms upon passage of legislation adopted by the Council of the Cherokee Nation.

Section 2. Findings

The Council of the Cherokee Nation finds that an emergency exists within the Cherokee Nation, that Title 26 ? 11(C)(7) of the Cherokee Nation Code Annotated provides the authority to the CNEC to develop rules and regulations necessary to conduct Cherokee Nation elections, but that amending these rules and regulations to comply with newly enacted or amended legislation is not addressed. In the most recent Cherokee Nation election, certain rules, regulations, and/or forms utilized by the CNEC had not been amended to comply with the changes enacted by recent Council amendments to the Code, creating confusion and frustration by the Candidates and Cherokee Nation voters.

Section 3. Purpose

The purpose of this Act is to amend Title 26 ? 11(C)(7) of the Cherokee Nation Code Annotated to address the amendment of CNEC rules and regulations upon passage of legislation amending the existing Code or creating new provisions within the Code. This Act will require the CNEC to amend their rules, regulations and forms upon passage of, or as soon as practicable, legislation amending the existing Code or creating new provisions within the Code.

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 2...

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