Cherokee Nation Citizens to Vote on Constitutional Amendment

TAHLEQUAH, Okla. - The Cherokee Nation Tribal Council voted unanimously to add a question to the June 23 general election ballot, which will allow Cherokee citizens to remove federal approval from the Constitutional amendment process.

"This is a reaffirmation of something the people already debated and approved four years ago," said Chad Smith, Principal Chief of the Cherokee Nation. "This issue was an active debate during the Constitutional process, so it's not a new issue. The people are familiar with it. It's not like starting from scratch. People recognize the issue and the ballot language is very, very simple."

The question reads: "Shall the Cherokee people affirm the removal of the requirement of federal approval for the Constitution or amendments to the Constitution, by enactment of the following: ‘A Constitution or amendment shall not require approval of the United States of America?' Yes, to affirm the removal of the federal approval requirement. No, federal approval should be required."

The added question to the June 23 ballot will allow Cherokee people to again vote on an amendment that removed federal approval from the Constitutional amendment process, and was previously the subject of BIA concerns. Cherokee voters removed federal approval in 2003 and the amendment was declared in effect by the Cherokee Nation Supreme Court last year. In a letter to the Cherokee Nation earlier this year, the BIA was concerned that non-Indians whose citizenship status had been under review would not be allowed to vote in the election.

"In speaking with the BIA, we understand that we have different perspectives on the issue of federal approval of our constitution," said Smith. "But the BIA has indicated that if we vote on that provision again, this time allowing the non-Indian freedman descendants to also vote, which they are scheduled to do in the June 23 election, it would remove the Bureau's major objection to our 2003 constitution."

On May 14, a tribal court temporarily restored full citizenship, including voting rights, to non-Indian freedman descendants. The Cherokee Nation agreed to and approved the temporary order, which will stay in place while the citizenship of non-Indian freedman descendants is under review.

Terry Rainey, who represents the election services company hired by Cherokee Nation, said many tribes have added questions to an election ballot as few as seven days in advance.

"Even though it is a unique situation, it is our absolute sovereign right for us to proceed, and logistically, we are able to turn this election around in this time frame," said Cara Cowan-Watts, Tribal Council member who represents Rogers County.

"Everybody out there knows what's going on and they're ready to vote on it," said Buel Anglen, Tribal Council member for Tulsa and Washington counties. "I will support this issue today and the people in (my district) are ready to vote on it."

Ballots with the added question will be mailed to all Cherokee Nation voters who have already requested an absentee ballot for the general election. Voters will mail this ballot in separately from the original absentee ballot already received. Walk-in voters will vote on the Constitutional amendment with their regular ballot on June 23.

"The Cherokee people can, should and do control their own government through their power at the polls," Smith said. "The BIA has said it respects the principle of Indian self-governance, and has upheld that principle for decades. A second vote will make clear our determination to move forward with the will of the Cherokee people and the decisions of our tribal courts."

The BIA has indicated a willingness to approve the amendment under current election rules, should voters cast ballots in favor of the removal of federal approval.

Key Election Dates:

In person early voting: June 19, 20 and 21, 2007, at the Election Commission office, 22116 S. Bald Hill Road, Tahlequah, Oklahoma.

Deadline for Absentee Ballot Requests for Runoff Election: June 18, 2007

General Election: June 23, 2007

Runoff Election: July 28, 2007

The Cherokee Nation Election Commission may be reached at (918) 458-5899. Additional information about the June 23, 2007 election is available at