"the People's Paths!" Cherokee News Path - Chief Rejects Proposed Council Districts

TAHLEQUAH, OKLAHOMA - Principal Chief Chad Smith vetoed a plan that would have radically altered the boundaries of Cherokee Nation’s Tribal Council districts, just a few months before the next Cherokee election. The plan would have expanded the number of districts from nine to 15 and been effective immediately, instead of after future elections.

Smith cited several Constitutional flaws in the redistricting plan, but emphasized the inequality of the districts as his main reason for the veto.

“Under the plan, one district would have had twice as many Cherokees in it as another district,” Smith said. “The Constitution calls for the districts to be ‘reasonably equal,’ and I don’t see how anyone would think that having 10,000 Cherokees in one district and less than 5,000 Cherokees in another could be considered even close to equal.”

Smith stated that the plan could face other legal challenges, because it changes the council districts less than 240 days before the next election. Cherokee Nation law requires that candidates have residency in their districts 270 days prior to running for Council, and changing the districts at this late date could be subject to legal challenges.

Chief Smith also pointed out that since the plan the Council passed was set to take place immediately, it could put existing Council members in violation of the law which requires them to live in their district, since the new lines may create districts in which no Council member currently lives, or in which more than one Council member currently lives.

“Any changes to Council districts should only effect future elections, not current seats,” Smith said. “Those changes should also reflect the equality and fairness called for in our Constitution.”