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TAHLEQUAH, OKLAHOMA - In early October, the Cherokee Nation Supreme Court determined a citizens' petition for a constitutional amendment had enough signatures for a vote of the people. A day after the ruling, Principal Chief Chad Smith called a special election. The election, set for Feb. 10, 2007, will determine the fate of a constitutional amendment that would require Cherokee citizens to have an Indian ancestor. "The people have spoken clearly, demanding the right to decide this constitutional issue for themselves," Smith said. "Some of them believe that you should have to be an Indian to be in an Indian tribe. Others think we should have a policy that allows descendants of non-Indians who were affiliated with our tribe in the past to have citizenship. This is an issue that demands the attention of Cherokee voters." Last March, the CN Supreme Court reversed a previous decision and ruled that the CN Constitution allowed citizenship for non-Indian descendants, specifically Freedmen, who are listed on the Dawes Rolls. Freedmen are descendants of former slaves of Cherokees citizens. In the ruling the court also stated "the Cherokee citizenry has the ultimate authority to define tribal citizenship." Of the 3,029 signatures gathered for the petition, the Election Commission and the Supreme Court, according to EC records, approved 2,217 signatures. The special election will cost aproximately $158,000 and will be conducted by Automated Election Services of Albequerque, N.M., according to the EC. More information will be provided to registered Cherokee voters as the election nears, said EC office manager Wanda Beaver. Tribal registration office numbers from mid-October show nearly 2,400 Freedmen have registered with the tribe since the March Supreme Court ruling. Marilyn Vann, the president of the Descendants of Freedmen of the Five Civilized Tribes and a registered Cherokee citizen, said she is "outraged" at this attempt to exclude all Freedmen from the tribe. She said her grandparents and great-grandparents were original Dawes enrollees, and her rights as a Cherokee citizen may be stripped by fellow Cherokees. Jon Velie, attorney for Vann and the descendants group, said the attempt to remove Freedmen from the citizenship rolls is racist. "Turning this against the Cherokee Freedmen is a racist, ugly act," Velie said. "There's nothing positive that comes out of this." Vann said she believes the motives of trying to remove Freedmen from the tribe are of a political nature by Chief Smith and some Tribal Councilors, including Cara Cowan Watts, who represents District 7 of the Cherokee Nation. Cowan Watts said it appears Vann's motivation is also political. "It appears (Vann) does not like the democratic process at work," Cowan Watts said. "She does not want the people to vote on a constitutional issue. She accuses people who support the right to vote of being racists with complete disregard for the democratic process all Cherokees participated in, publicly." Vann said the special election and Freedmen issue is a smoke screen for people to stay in office. But Cowan Watts said there's only one issue at hand. "The only issue is the Cherokee people have a right to decide who Cherokee Nation citizens are, and only Cherokee people have this right," Cowan Watts said. The Associated Press contributed to this story will-chavez@cherokee.org ~ 918-453-3961

Related Cherokee Nation contact information:

Mike Miller, Cherokee Nation Director of Communications Phone: 918-456-0671 (ext.2210) Fax: 918-458-5580 E-mail: Communications@cherokee.org Larry Daugherty, Advertising Manager Cherokee Nation - Public Affairs Phone 918-456-0671 (Ex.2324) E-mail: ldaugherty@cherokee.org

Steven Swogger, Agriculture Liaison Natural Resources Department Phone: 918-456-0671 (ext.2546) FAX: 918-458-7673 E-mail: sswogger@cherokee.org Bradley D. Peak, Cherokee Nation Natural Resources Specialist Phone: 918-456-0671 (ex.2843) E-mail: bpeak@cherokee.org