During the Election Commission meeting on Sept. 13, Election Commissioner Martha Calico, right, holds up documentation of the final locations of precincts for the upcoming principal chief election to other EC commissioners. JAMI CUSTER/CHEROKEE PHOENIX

CNEC to wait 48 hours to certify election results

The Cherokee Nation Election Commission gathered for their regular meeting on Sept. 13. In that meeting the commission selected a new chairperson and approved waiting 48 hours before certifying election results. JAMI CUSTER/CHEROKEE PHOENIX
The Cherokee Nation Election Commission gathered for their regular meeting on Sept. 13. In that meeting the commission selected a new chairperson and approved waiting 48 hours before certifying election results. JAMI CUSTER/CHEROKEE PHOENIX
BY JAMI MURPHY
Reporter
09/14/2011 11:18 AM
TAHLEQUAH, Okla. – The Cherokee Nation Election Commission approved a motion at its Sept. 13 meeting that calls for the EC to wait 48 hours before certifying unofficial election results after ballot counting has ceased.

EC Commissioner Susan Plumb said she believes not only does the EC need additional ballot counters, but also a break between unofficial results and certified results.

“The goal is to have a result that would withstand any scrutiny,” Plumb said. “We can’t do super human work…we can come back in 24 hours and begin to canvass and certify and that’s not unusual. I don’t find anywhere that there’s an immediate certification requirement in any other election codes.”

The EC also approved entering into a Memorandum of Understanding with the Carter Center, which will observe the Sept. 24 election.

The Carter Center will deploy a small observation mission for the Sept. 24 special election for principal chief, according to a Sept. 14 news release from the center.

Carter Center observers will interview the election commission, political contestants, and others to assess the electoral process. In addition, the Center will observe early voting, as well as election day polling, counting, and tabulation processes.

“The June election for Cherokee Nation Principal Chief and its aftermath created uncertainty about the process,” said Avery Davis-Roberts, assistant director of the Carter Center’s Democracy Program. “The Carter Center hopes that our mission to observe the September special election will reassure Cherokee voters, and will help to strengthen the efforts of the election commission, Tribal Council, political contestants, and civil society to ensure the integrity of future elections.”

Commissioner Patsy Morton said the EC recently met with Carter Center officials, and the EC was very impressed with their background and abilities.

“The people that came were very intelligent and I think they’ll do a great job,” Morton said.

Other action taken at the meeting was the selection of Plumb as the EC chairperson.

Plumb was nominated by Morton and approved by the EC to hold the position that was vacated by former EC Commissioner Roger Johnson, who resigned in July.

“I told the rest of the commission an office was not something that I was seeking, but I would be willing to serve,” Plumb said. “I’m going to need everyone’s expertise and input and I hope to make the election commission more transparent and efficient.”

In old business, EC Attorney Lloyd Cole discussed the status of the Freedman issue and it’s effect on the upcoming election.

“I guess it’s no secret that there’s been a line drawn in the sand between the Cherokee Nation and the Federal government,” Cole said. “We’ve, unfortunately, got a dog in the fight because we’re sitting here waiting for people to tell us what to do. What happens in the court systems is going to impact us in this forthcoming election.”

Cole added that the hearing is Sept. 20, and it appears that the EC isn’t going to have much time to prepare for the decision.

Cole said he doesn’t know that a ruling will be issued that day but he suspects that U.S. District Judge Henry Kennedy, who has been presiding over the federal case, is aware that the CN has an upcoming election. Cole said he hopes that Kennedy would have some kind of decision to be made on that day.

“I don’t know whether it makes any difference because they’ve already arbitrarily said ‘we don’t care what happens, we’re not recognizing your activities to disenfranchise the Freedman,’” Cole said.

The EC also approved the remaining precinct workers needed for the Sept. 24 election, and it also approved a change for the vault entry procedure used during the election process.

Plumb proposed amending the EC’s procedures that would require two signatures to enter the vault.

“I still would like for us to consider an amendment to our procedures that require during an election period that you require two signatures to enter the vault and a vault log that describes what the purpose of entering the vault was,” Plumb said. “I think it would help us to be very clear and that our actions were deliberate.”

Cole suggested that the EC not only incorporate the procedure changes during the counting processes, but also throughout the entire election itself including the time period set aside for recounts.

The EC discussed and approved the final locations of precincts for the Sept. 24 election.

Other items discussed included approving a request from the Chad Smith campaign requesting that its deposit for the “conditional recount” be returned. Cole said he thought the amount for the machine recount was $3,000.

“I researched that, I think it’s refundable,” Cole said. “We did not hold that recount. I looked at the statutes and if you don’t have the recount I don’t think that you are entitled to the deposit.”

The EC tabled the approval of the campaign financial reports and the absentee ballot counting procedure and possible hiring of additional counters. The EC plans to discuss the issues at its next meeting.

The EC also approved the dates of the special election for the District 2 council seat. Those specific dates are available here.

jami-custer@cherokee.org • 918-453-5560
About the Author
Reporter

Jami Murphy graduated from Locust Grove High School in 2000. She received her bachelor’s degree in mass communications in 2006 from Northeastern State University and began working at the Cherokee Phoenix in 2007.

She said the Cherokee Phoenix has allowed her the opportunity to share valuable information with the Cherokee people on a daily basis. 

Jami married Michael Murphy in 2014. They have two sons, Caden and Austin. Together they have four children, including Johnny and Chase. They also have two grandchildren, Bentley and Baylea. 

She is a Cherokee Nation citizen and said working for the Cherokee Phoenix has meant a great deal to her. 

“My great-great-great-great grandfather, John Leaf Springston, worked for the paper long ago. It’s like coming full circle. I’ve learned so much about myself, the Cherokee people and I’ve enjoyed every minute of it.”

Jami is a member of the Native American Journalists Association, and Investigative Reporters and Editors. You can follow her on Twitter @jamilynnmurphy or on Facebook at www.facebook.com/jamimurphy2014.
jami-murphy@cherokee.org • 918-453-5560
Reporter Jami Murphy graduated from Locust Grove High School in 2000. She received her bachelor’s degree in mass communications in 2006 from Northeastern State University and began working at the Cherokee Phoenix in 2007. She said the Cherokee Phoenix has allowed her the opportunity to share valuable information with the Cherokee people on a daily basis. Jami married Michael Murphy in 2014. They have two sons, Caden and Austin. Together they have four children, including Johnny and Chase. They also have two grandchildren, Bentley and Baylea. She is a Cherokee Nation citizen and said working for the Cherokee Phoenix has meant a great deal to her. “My great-great-great-great grandfather, John Leaf Springston, worked for the paper long ago. It’s like coming full circle. I’ve learned so much about myself, the Cherokee people and I’ve enjoyed every minute of it.” Jami is a member of the Native American Journalists Association, and Investigative Reporters and Editors. You can follow her on Twitter @jamilynnmurphy or on Facebook at www.facebook.com/jamimurphy2014.

News

BY LENZY KREHBIEL-BURTON
Special Correspondent
05/27/2015 09:15 AM
CLAREMORE, Okla. – Focusing on health care, job creation and government transparency, four principal chief candidates got in their opening salvos May 15 in a televised debate at Rogers State University. Hosted by RSUTV and moderated by KOTV anchor Scott Thompson, Principal Chief Bill John Baker, state Rep. Will Fourkiller, former Principal Chief Chad Smith and former Cherokee Nation Community Services Group Leader Charlie Soap spelled out their positions on a host of issues facing the Nation. Questions on health care took up the first half of the hour-long debate, as candidates were grilled on the Affordable Care Act, Oklahoma’s refusal to expand Medicaid and how to improve health care in the CN. Citing poverty rates across northeastern Oklahoma and the high number of visits to CN health facilities from patients without third-party insurance, the four candidates called Gov. Mary Fallin’s decision to not expand the Medicaid coverage base a mistake. “It’s done a lot of damage to not increase access to Medicaid,” Soap said. “So many of the rural people are in poverty and can’t obtain it. As someone that does use Medicaid and has insurance, it’s still difficult to get medical expenses paid. It’s even tougher for those people who couldn’t get Medicaid.” Fourkiller, a former registered nurse and the only candidate to work in health care, said a key issue to improving medical care within the 14 counties for Cherokees and non-Cherokees is simply bringing in more qualified health care workers to smaller communities. “We have new facilities going in, which is great. However, it’s about recruitment and retainment,” he said. “We’ve got great health care workers and staff, but they’re overworked. We must educate our bright young Cherokees to go to nursing school, medical school or PA (physician assistant) school and then get them to come back to rural Oklahoma.” All four candidates also agreed that while the tribe needs to continue its efforts to diversify its business portfolio beyond gaming, that push would not involve marijuana cultivation or sales. The Department of Justice announced in 2014 that it would not enforce federal marijuana statutes in Indian Country if certain regulations were met, such as not selling to drug cartels. Even with that proviso, none of the four showed much interest in taking the initiative to legalize and commercialize marijuana in northeastern Oklahoma. “I think I would leave that to the council,” Soap said, drawing chuckles from the audience. “However, this is Bible Belt country, and I don’t think it’ll pass though.” Although the candidates also agreed that government transparency and citizen access to information is important, both Smith and Soap took shots at the current administration by claiming it is blocking access to information and censoring the Cherokee Phoenix via budget cuts. “This administration did not cut the Phoenix’s budget,” Baker said. “This administration sent over a fully-funded budget to the council and the council cut the Phoenix’s budget. I’ve done everything I could to reinstate that funding. I put in my own budget $800,000 so every Cherokee could have a free Phoenix and the Phoenix is yet to agree to that.” The Phoenix’s budget was slashed by 25 percent in 2012. The newspaper’s archives confirm the council’s Executive and Finance Committee proposed the funding reduction, citing a desire to make the newspaper financially independent. According to the minutes from the Phoenix’s Editorial Board meeting on March 18, there have been meetings between CN Secretary of State Chuck Hoskin Jr. and Phoenix representatives about a memorandum of understanding regarding the use of money from a Citizens Access To Transparency Fund to provide free print subscriptions for one year. However, a final agreement has not been reached and would be subject to approval by the Editorial Board before the free subscription program could start. The minutes also note that the earliest that program could start would be in August after the election cycle. Smith and Baker also traded barbs over the Registration Office’s backlog, which as of April, was estimated at about two years for a first-time citizenship application. Baker pinned the blame on an inherited antiquated system and an overall increase in applications, while Smith accused the Registration Office management of adding to the problem. “The reason there’s a backlog is pretty simple: they’ve taken resources, doubled the budget and I don’t know if there’s a nice way to say this, but gone on a dog and pony show rather than stay at home and process the applications already there,” Smith said. The full debate is available online at <a href="http://rsu.tv/rsu-tv/cherokee-principal-chief-debate-2/" target="_blank">http://rsu.tv/rsu-tv/cherokee-principal-chief-debate-2/</a>.
BY JAMI MURPHY
Reporter
05/26/2015 02:00 PM
MUSKOGEE, Okla. – The Bureau of Indian Affairs Eastern Oklahoma Regional Office released a letter on May 11 to Principal Chief Bill John Baker that states it declined to approve LA-04-14 and LA-26-14, both amendments to the tribe’s election laws. Cherokee Nation Attorney General Todd Hembree said the decision to decline to approve the amendments will not interfere with the tribe’s upcoming election. “We will have an election June 27,” Hembree said. “I want to be very clear on that.” The Regional Office offered comments regarding how it reached its decision. “Because LA-04-14 is so extensively intertwined with the appropriate provisions within the 1999 Constitution, it is impossible to propose revisions to LA-04-14 to reference appropriate provisions within the 1976 Constitution,” the letter states. “Because LA-04-14 purports to be based on the authority in a Constitution which the Regional Office does not recognize, we decline to approve LA-04-14.” The Regional office also referred to the term “citizen of the Cherokee Nation” stating that provisions in LA-04-14 indicate that only persons of Cherokee blood are tribal members. “Given the extensive litigations regarding the Freedmen, the Regional Office cannot approve LA-04-14 because to do so may imply recognition of removal of the Freedmen as citizens,” the letter states. And finally, in regards to absentee voter rules in LA-26-14, the letter states that it is an amendment to Title 26 of the Cherokee Nation Code Annotated. “Approving LA-26-14 may be interpreted as approving LA-04-14; therefore, we decline to approve LA-26-14,” it states. Hembree said tribal officials met with the BIA and Department of Justice to seek clarification of the letter and to also present additional information and as well as inform the bureau on action the CN has taken to resolve certain issues. “We had a very fruitful communication last week and the Bureau of Indian Affairs is considering additional information that we’ve given them and we look forward to a clarifying letter coming from the bureau really soon,” Hembree said. He said the information shared with the bureau included the efforts made by the CN to resolve the Freedman issue, including having the case tried on its merits, which occurred in May 2014. “We have expected to have a decision on this matter and it is at no fault to anyone. We don’t have it. That is information that the BIA did not consider in its initial letter nor did they consider the fact that they have previously approved the election procedures that are substantially the same back in 2011.” The possibility of the act remaining unapproved by the BIA and requiring the CN to revert back to the original law prior to the amendments made in 2011 are uncertain at this time. “That has yet to be determined, but there have been no substantial changes as to the election law since they were previously approved in September 2011,” Hembree added. “We expect to hold our elections on June 27 under the laws that have been passed by the Cherokee Nation to date.” <a href="http://www.cherokeephoenix.org/Docs/2015/5/9290_nws_150526_BIA_document.pdf" target="_blank">Click here to view</a>the letter from the U.S. Department of the Interior Bureau of Indian Affairs.
BY ASSOCIATED PRESS
05/26/2015 12:00 PM
DALLAS (AP) – A long-lost silent film admired by historians as a rare visual account of Native American customs is being released after a private detective in North Carolina stumbled across a damaged copy. “The Daughter of Dawn” - first screened in Los Angeles in 1920 - features a large cast of Comanche and Kiowa people and shows scenes of buffalo hunting and ceremonial dances obscured by time. The copy, discovered more than a decade ago, has been restored and was screened in Texas this week, ahead of its commercial release later this year. “We were just so stunned that it existed,” said Jeff Moore, a project director for the Oklahoma Historical Society, which purchased reels of the film from the detective in 2007. The delicate restoration work took years, and an orchestral score was completed in 2012. A year later the Library of Congress added the movie to its National Film Registry, describing the work as “a fascinating example of the daringly unexpected topics and scope showcased by the best regional, independent filmmaking during the silent era. ...” The same year the movie was first screened, it survived a fire that destroyed the Dallas warehouse where the small Texas Film Co., which produced “The Daughter of Dawn, stored most of its work. Somehow, a copy ended up in the care of a North Carolina resident, who offered five nitrate celluloid reels to the private detective as payment in an unrelated matter, Milestone Film owner Dennis Doros said. The detective then sold the reels of the movie - shot in the Wichita Mountains in southwestern Oklahoma - to the Oklahoma Historical Society for more than $5,000 before Milestone was recruited as the distributor. The historical society retains ownership of the original nitrate film, which is being stored at the Pickford Center for Motion Picture Study in Los Angeles. “It’s a really compelling story for film restoration,” Doros said. “There’s still hope for lost films. How many times do you get to premiere a film 95 years after its production?” An initial screening of the 87-minute, black-and-white film was held this week at an Amarillo library. “The village scenes, the hunting scenes all look very accurate,” Michael Grauer with the Panhandle-Plains Historical Museum told the Amarillo Globe-News. “It’s a little bit Hollywood-ed up. ... But the fact that they used native actors was groundbreaking, really quite astonishing.” Two of the approximately 300 Comanche and Kiowa people in the film, which portrays a fictional love story that also serves as a record of Native-American traditions, are children of legendary Comanche chief Quanah Parker, whose exploits were widely recounted on the frontier. Author S.C. Gwynne, whose book “Empire of the Summer Moon” accounted the rise and fall of the Comanche, said during his research he came across only one film germane to the tribe, a two-reeler western from 1911 called “The Bank Robbery” in which Parker had a role. “I would think that a film featuring only Native Americans would possibly be unique,” he said. “Who at that time only made a film featuring Native Americans? That, to me, is something of great rarity.” Moore said the Oklahoma Historical Society had known about the film because years ago it had obtained the works of a photographer who was on the movie set, but it was thought the film was lost. “This is so visually interesting and it is very much an Oklahoma story because you have two of the premier tribes in the state, and then you have the horse culture,” he said. “It’s so indicative of the southern plains.” Bryan Vizzini, an associate professor of history at West Texas A&M University, said “The Daughter of Dawn” was a striking departure from the racial stereotypes found in films from that time, such as D.W. Griffith’s “The Birth of a Nation.” “And here’s this small independent film company that gets it right,” Vizzini said. “It’s a very un-Hollywood kind of experience.” The film will be released on DVD and Blue-ray, and made available through online outlets.
BY STAFF REPORTS
05/25/2015 08:00 AM
NORMAN, Okla. – Cherokee Phoenix Executive Editor Bryan Pollard has worked for the Cherokee Phoenix since 2003. In March, Vision Maker Media interviewed Pollard in Norman during the Native Media Summit at the Gaylord College of Journalism. The interview covers Pollard’s early career and the founding of Street Roots in Portland, Ore., the early history of the Cherokee Phoenix, the modern Cherokee Phoenix, and the failings of mainstream media in covering Indian Country, and the pioneering use of the Cherokee language in the Cherokee Phoenix. Pollard said the paper made its debut in 1828 and the founding editor Elias Boudinot wanted to create a news source that told stories about the Cherokee people, but not necessarily for the Cherokee people. “He (Boudinot) wanted to demonstrate to the rest of the world that Cherokees were civilized,” Pollard said. “That Cherokees were able to govern themselves, that we were creative, that we were deliberative, that we were humorous, that we had many, many great qualities because at the time – you have to keep in mind – this was just prior to the era of Indian removal. So a lot of tribes were under pressure to be forced out of their homelands and the Cherokees were in the same situation.” Since working for the newspaper, Pollard has helped to expand the audience of the print and digital publication by implementing new products including an electronic newsletter, a radio show and online videos as well as giving the Cherokee Phoenix a presence in social media. “As a result, the Cherokee Phoenix is recognized as one of the best newspapers in the state of Oklahoma and all of Indian Country,” VMM reports. To listen to this broadcast in its entirety visit: <a href="http://www.visionmakermedia.org/listen/bryan-pollard" target="_blank">http://www.visionmakermedia.org/listen/bryan-pollard</a>.
BY STAFF REPORTS
05/22/2015 01:00 PM
OKLAHOMA CITY – A measure by state Rep. Chuck Hoskin that’s intended to provide a degree of protection for highway maintenance vehicles and workers encountered little resistance in the legislature and was signed recently by the governor. House Bill 1113 by Hoskin, D-Vinita, establishes a safety zone around state highway and turnpike maintenance vehicles and employees. Transportation Department records indicate that 57 of their highway maintenance employees have been killed in work zones, while numerous others have been involved in accidents and close calls due to unsafe speed, proximity or inattention. Also, the Turnpike Authority recorded 50 injuries among its toll and maintenance personnel over the past three years, agency spokesman Jack Damrill reported. HB 1113 “may actually enable some hardworking Oklahoma man or woman to return home to his or her family after a tough day on the job,” Hoskin said. The bill sailed through the House unopposed, 96-0, and passed the Senate, 41-3. The bill was co-authored by Rep. Ben Sherrer, D-Chouteau, and was sponsored in the Senate by Sen. Susan Paddack, D-Ada. With the signature of Governor Fallin, HB 1113 goes into effect Nov. 1. The new law will require any driver approaching a parked maintenance vehicle assigned to the Oklahoma Department of Transportation or the Oklahoma Turnpike Authority to move over into another lane, if possible. “If the driver is not able to change lanes, or if to do so would be unsafe,” the motorist should proceed with “due caution” and slow to “a safe speed for the existing road, weather, and traffic conditions.” Such precautions already are mandated by state law when approaching any stationary emergency vehicle such as an ambulance or wrecker that is “displaying a flashing combination” of red and/or blue lights. Similar precautions are required when approaching a location where an Oklahoma Highway Patrol trooper or other law enforcement officer is writing a traffic ticket or working an accident. “For far too long we’ve inadvertently overlooked the real safety concerns of these public servants who put their lives on the line to keep our roadways safe,” Sherrer said. “This measure sends a message that we value their service and want them to be safe while performing their jobs.” A violation of the law will be a misdemeanor offense. For an initial violation, the penalty will be a fine of $5 to $500 or by a 10-day jail sentence. For a second conviction within a year, the penalty will be a 20-day jail term. For a third or subsequent violation within a year, punishment will be a jail sentence of up to six months and/or a fine of up to $500. Hoskin said HB 1113 was prompted by a discussion he had with some highway maintenance workers from his legislative district.
BY STAFF REPORTS
05/21/2015 02:00 PM
The Cherokee Phoenix Editorial Board will be meeting via conference call at 9 a.m. CDT, June 2, 2015. To attend, please use the conference call information listed below. The meeting agenda is <a href="http://www.cherokeephoenix.org/Docs/2015/5/9284_150602_EBAgenda.pdf" target="_blank">here</a>. Dial-in: 866-210-1669 Entry code: 4331082