Council of the Cherokee Nation - File #: 21-096

• 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
• Related files: 09-114, 12-150, 14-004, 16-025, 20-057, 14-059, 22-028

Date	Ver.	Action By	Action	Result
11/19/2021	1	OFFICE OF THE CHIEF	Signed
11/15/2021	1	TRIBAL COUNCIL	Approved	Pass
10/28/2021	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass
9/30/2021	1	RULES COMMITTEE	Tabled	Pass

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
Body
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...