By JAMI CUSTER
Reporter

TAHLEQUAH, Okla. – The Cherokee Nation Election Commission held a special meeting on Aug. 30, and due to pending lawsuits, it’s still undetermined whether Cherokee Freedmen will be eligible to vote in the Sept. 24 principal chief election. 

CN Attorney General Diane Hammons was in attendance at the meeting, and she said a hearing in the Freedmen matter is slated for Sept. 20 in federal court.

The filing period for the plaintiffs of the Freedmen lawsuit is Sept. 2, and the CN has 10 days to respond and five days for a reply, Hammons said.  

Cherokee Freedman William Austin of Muskogee attended the EC meeting and asked how he and other Freedmen would be notified whether they will be allowed to vote or not.

“When you get your ballot, if you get one,” EC attorney Lloyd Cole replied. 

CN attorneys do not expect the plaintiffs to file until Sept. 2, but everything the Freedmen attorneys say revolves around filing something to do with the election, Hammons added.

Hembree addressed Austin and said that his and the other Freedmen’s questions would be answered in court.

“… We can’t answer all your questions here today,” Hembree said. “These are questions that are going to be asked and answered by people with black robes on and these individuals (the EC) don’t have black robes.”

The EC also discussed an election timeline for the Tribal Council Dist. 2 seat recently vacated by acting Principal Chief Joe Crittenden.

Hembree said the council is required to fill the vacant seat within 90 days of the vacancy. He added that the seat became vacant on Aug. 14 with Crittenden’s resignation submission. 

“Our 90th day from that date would be Nov. 12,” Hembree said. “It’s the council’s responsibility to set the date, but we want to do that in accordance with the Election Commission.”

Hembree said he planned to recommend to the council that it choose a date at its special Rules Committee meeting Sept. 12 and also amend the agenda at its regular council meeting later that day. 

Hembree suggested various dates to consider, including dates for filing, new voter registration and absentee ballot requests. 

Hembree said the EC will need to have time for the filing periods and the registration process, as well as fully registering those who have registered since the March 31 deadline since this is a new “election cycle.” 

EC Commissioner Susan Plumb said that the election law states every precinct location and number of precincts has to be set 90 days in advance for the voters.

“We’ve already had to move precincts around which are going to cause some confusion certainly when people go to the place where they voted at last time…because those places are unavailable,” she said. “So we have some conflict in the laws.”

EC Commissioner Martha Calico said as of the Aug. 30 meeting, the EC had about four precinct locations to determine, and that the other locations were set. 

Hembree asked if the dates he proposed are realistic, and Calico said no. 

“I think it’s too short,” Calico said. 

She then suggested that they began filing for the next election on Sept. 27, which is the Tuesday following the principal chief election. 

“…I’m trying to look forward to see where we would be,” she said. “I don’t see where we could do it in 90 days…the closest we could get to (that deadline) is the weekend of Thanksgiving, and what would be better is if we did it the weekend of Christmas.”

If the election doesn’t occur within the 90-day window that’s required by the constitution, it opens up an opportunity for a lawsuit, Hembree said. 

Then, the EC would have to get an exemption from the court, he added.

At the time the constitution was written, 90 days seemed sufficient to hold an election, but it may not be, Hembree said. 

“To me, we can take one or two stances,” he said. “The most conservative stance is to say that the vacancy occurred when the letter of resignation was submitted which was Aug. 14. That’s our starting date.” 

If it’s not possible to have an election in 90 days then the EC will have to file a declaratory judgment with the CN Supreme Court to get permission to go beyond 90 days, Hembree said. 

Plumb suggested that the Tribal Council enact legislation that delineates a different timeline for special elections. 

“And we can attempt to do that by Sept. 12, but this, I guess, is where we will go,” Hembree said. “I will recommend my clients set the date for Nov. 12.”

Cole then asked Hembree if that leaves it up to the EC to figure out how to get to the Nov. 12 date. 

“Either that or go to court,” Hembree said. “One of the two.”

The council is constitutionally hamstrung to set it at the latest date possible, Hembree added. 

Terry Rainey, president of Automated Election Services, was asked if the suggested timeline by Hembree was feasible for the election process, and Rainey said he didn’t see any problems with the dates suggested, from a “logistical standpoint.”

During the meeting, the EC approved precinct workers hired through Aug. 30, but additional workers are awaiting approval.

The EC also discussed the issue of bringing in the Carter Commission as a third-party election service. Cole said the EC is awaiting confirmation on whether or not funding was determined and expects to hear from the commission later this week.

jami-custer@cherokee.org • 918-453-5560