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OKLAHOMA - The Cherokee Nation of Oklahoma (CNO) Election Commission has disqualified Nick Lay, of Ocheletta, from running for a second tribal council term. The action taken by the commission has been linked to Lay's past differences with the commission where the court has ruled in Lay's favor. Nick Lay has been a CNO Tribal Councilor since 1995.

The commission accuses Lay of attempting to usurp its authority by attempting to determine eligibility for precinct workers. Additionally the CNO Election Commission has alleged that the three lawsuits Lay filed with the CNO Judicial Appeals Tribunal, concerning obtaining precinct worker information, were frivolous.

Arguments were submitted to the commission pointing out that a legislative act, relating to the tribe's governmental records, states that all documents should be provided to any council member who requests them. That includes the names of precinct workers, according to Lay. The records had been requested because it was suspected that one of the workers was a relative of an incumbent but, the request was ignored.

Lay, who is appealing the Election Commission ruling said, "I have used my constitutional rights to take issues to court and I am now being penalized for it." Nick Lay's appeal will be heard Tuesday in Tahlequah.

Jim Wilcoxen, Lay's attorney, wrote in the appeal, "The commission's response is to allege that he has somehow usurped their authority or harassed the commission and should be disqualified."

"Everybody in Oklahoma is entitled to know who their precinct workers are and everybody has the right to object to the candidacy of others, and they don't get stricken from the ballot", said Nate Young III, chairman of the Cherokee Nation Bar Association. Young plans to file a request to intervene in the appeal.