Copyright © 2001 NLThomas
All Rights Reserved

TAHLEQUAH, OK - Principal Chief Chad Smith has called for a special election based on a referendum petition submitted by Cherokee Nation citizens.

Tribal citizens submitted the petition calling for the Cherokee people to have a referendum vote on Legislative Act 28-99. That act increased compensation for Council members. The citizens submitted the petition in March of 2000, but an Election Commission was not seated to review the petition until March of 2001.

The Cherokee Nation Election Commission is comprised of five tribal members. Two are appointed by the Principal Chief, two are appointed by the Tribal Council, and those four choose a fifth Commissioner.

The Cherokee Nation Election Commission reviewed the petition in March and April of 2001, eliminated some signatures and unanimously certified the petition. The commission submitted their findings to the Secretary-Treasurer’s Office, as prescribed in the Cherokee Nation Constitution, on April 20, 2001.

On April 30, 2001, Todd Hembree, an attorney employed by the Tribal Council, filed a lawsuit in the Cherokee Nation Judicial Appeals Tribunal challenging the referendum petition. The lawsuit claims that the petition was not submitted in a timely manner and that some of the signatures on the petition are invalid. That lawsuit is still pending before the Judicial Appeals Tribunal.

On October 24, Principal Chief Smith sent a letter to the Chairman of the Cherokee Nation Election Commission, John Adair, calling for a special election.

"Under Article XV of the Constitution of the Cherokee Nation, and due to the lengthy delay since this Petition was filed by Cherokee citizens, I have a legal and moral obligation to call an election on this Referendum Petition", Smith wrote. "Accordingly, I hereby call an election on the Referendum Petition for no later than 120 days from the date of this letter."

Tribal Council member Stephanie Wickliffe-Shepherd says that she feels that both the Council and Smith want to see the issue resolved.

"I have no problem with the concept of a special election being called, but I'd like to let the court process work", Wickliffe-Shepherd said.

Chief Smith has acknowledged that should the JAT rule the petition to be invalid, the special election would be called off. "Without question, we will follow any instructive order of the court, including an order to delay the election pending the outcome of the litigation. The Council, the Cherokee public, the Election Commission, all of us would like to see this get off high center."