Copyright © 1999 NLThomas
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TAHLEQUAH, OK - Nick Lay has been reinstated as an official candidate for council seat of district 8, in the Cherokee Nation of Oklahoma (CNO), by the CNO Judicial Appeals Tribunal (JAT).

On March 16, the Cherokee Election Commission (CEC) barred Nick Lay, permanently, from holding any tribal office. The council cited attempting to usurp the commission's authority and alleged that Lay had filed frivolous lawsuits, in the form of appeals, that were a waste of the commission's time and resources.

Lay had requested a 1995 voter list from the CEC, to include names and address, because of a candidate eligibility question. The request was denied and the commission simply ruled that all three of the candidates in question were eligible. Lay then filed a court appeal concerning the voter list which was upheld. Later, Lay filed an appeal concerning just one of the candidates. The candidate withdrew from the election before that appeal could be heard. The commission complained that compiling the voter list had been too time consuming.

A request by Lay, for the names and addresses of precinct workers, based again on eligibility/residency question, has also been denied by the CEC. Lay was forced again to to submit an appeal to the courts, which is still pending.

The JAT stated in the favorable ruling that, "There was no evidence to indicate that the plaintiff was intending to use the lists to usurp the authority delegated to the commission."

Additionally the JAT wrote, "This court can certainly sympathize with the commission in its funding limitations, ...Nevertheless, a citizen of this Nation who, by exercising his legal rights under our constitution, causes a reallocation of limited funding and resources, cannot be held to account for the impact such exercise has on the operations of government. The plaintiff had a legal and constitutional right to pursue his remedies in this court."