Cherokee Nation judge says 9 voting districts remain effective

Tahlequah, OK

Cherokee Nation judge says 9 voting districts remain effective

Cherokee Nation’s current nine-district voting plan, left, and the Tribal Council’s plan for 15 voting districts.

By Christina Good Voice
Staff Writer

TAHLEQUAH, Okla. – A Cherokee Nation District Court judge ruled on Feb. 1 that the tribe will keep, for now, its nine representative districts instead of switching to the Tribal Council’s plan of 15 districts.

Judge Bart Fite issued the ruling exactly seven months after requiring the council to work with the CN Election Commission to establish voting districts. Fite said in June that councilors needed to create districts after the CNEC provided them with citizen apportionment data, which it did on Nov. 2.

But in his latest ruling, Fite said the council did not act on the CNEC apportionment report as of Feb. 1.

“Since the Tribal Council took no action on the Remand Report (CNEC report), the change from nine to fifteen districts … is invalid,” Fite states.

The Feb. 1 ruling stems from Principal Chief Chad Smith’s lawsuit against the CNEC in which he challenges both the council’s redistricting plan and its notion of 15 required voting districts.

“The court has removed any question that the Constitution requires the council to have 15 districts, and instead allows for multiple-seat districts,” Smith wrote in a e-mailed statement. “The court also clarified that its previous ruling struck down the council’s previous 15-district proposal, and that the council should work with the election commission to come up with a new, constitutional districting plan.”

Smith states the ruling gives councilors a chance to return to the drawing board with the District Court behind the idea that multi-seat districts are not only constitutional, they may also be the only way to make the districts reasonably equal based on population.

“Many districts now have two representatives who work well together and have a common interest in improving their area,” he wrote. “This system seems to work. It is clear that Council members who represent the same area often work together and are able to accomplish good things not just for their district but for the entire Cherokee Nation.”

Tribal Council attorney Todd Hembree said Fite’s order only clarifies that councilors need to review the reapportionment data submitted by the CNEC. He said the council intended to do that on Feb. 9 at its Rules Committee meeting, but that councilors still want 15 districts.

“What the council needs to ensure is there is a reasonable basis for those districts, that they are portioned to ensure close to equal representation of Cherokee citizens per district,” he said.

Hembree said the council controls the power to create voting districts, and after considering the apportionment figures provided by the CNEC, it would have to decide to go with its proposed 15 districts, attempt another redistricting plan or stay with the nine-district plan.

Dist. 1 Tribal Councilor Bill John Baker said although he voted for 15 districts, he wasn’t really for that plan because he wanted to keep Cherokee County intact.

“The proposal called to carve it up and give portions to (other districts) and it wouldn’t be fair to the constituents of Cherokee County,” he said.

He added that since the court ruled the way it did, the council would probably revert to the nine-district plan since the tribe’s 2011 elections are nearing.

“Maybe after the next election we can sit down and look at the population and divide it up clearly and let the seats fall where they may,” he said.

Dist. 7 Tribal Councilor Cara Cowan Watts said although Fite’s ruling appears to be legally sound, the case may require action by the CN Supreme Court before all parties are satisfied.

“For at least one term – the past four years – the Cherokee people of Rogers County have been shorted a second councilperson,” she said. “Three Rivers District has also been shorted a second councilperson.”

However, Cowan Watts said she was unsure of the council’s response concerning Fite’s decision and whether to appeal it to the Supreme Court. She said since a political solution has not been found by dividing 14 counties into 15 districts of approximate population, she would ask for reapportionment of the tribe’s existing nine districts based on current population data.

Cowan Watts added that elected CN officials, the CNEC and the courts must respond in a timely manner since the 2011 general election is nearly a year away.

“There is still time to redistrict if reapportionment occurs immediately,” she said. “My biggest concern is allowing the Cherokee citizens time to understand any changes which will impact their vote.”

She said CN citizens should pay attention to redistricting and the possible impacts of it on voting precincts and the number of elected officials.

“For a representative democracy, the people will be properly represented once the population data is shared.”

Reach Staff Writer Christina Good Voice at (918) 207-3825 or christina-goodvoice@cherokee.org

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