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 WILL CHAVEZ
Senior Reporter
02/28/2015 08:00 AM
TAHLEQUAH, Okla. – In a Feb. 13 letter, Cherokee Nation Attorney General Todd Hembree informed Tribal Councilor Lee Keener that he could not use the Cherokee Nation-owned Tribal Council photograph of himself in his campaign materials for deputy chief. “It has come to the attention of the Office of the Attorney General that you have used tribal property for campaign purposes,” Hembree writes. “On numerous political advertisements, letters and emails you have used a photograph of yourself that was paid for by the Cherokee Nation Tribal Council and is currently owned by the Cherokee Nation. Much like council stationary, tribal vehicles or other tribal equipment, pictures owned by the Nation cannot be used in campaign efforts.” Hembree tells Keener to “cease and desist any use of the photograph in question” and attached the photo for clarification. He also requests that Keener removed the photo from any website, email or any electronic form and that it not be disseminated on printed material. Hembree also states that he sent a courtesy copy of the letter to the rest of the Tribal Council to “ensure that all officials are aware that use of Cherokee Nation owned photographs in campaign materials is prohibited.” Keener told the Cherokee Phoenix he would abide by Hembree’s letter and stop using the photo. “The attorney general alerted me to an issue with a particular picture we were using on campaign materials. I am happy to comply and will cease using the photo,” Keener said. Hembree said a CN citizen brought Keener’s use of the official photograph to his attention. <a href="http://www.cherokeephoenix.org/Docs/2015/2/8982_nws_150219_Keener2.pdf" target="_blank">Click here to read</a> Attorney General Todd Hembree’s letter to Keener.
BY JAMI MURPHY
Reporter
02/26/2015 04:00 PM
TAHLEQUAH, Okla. – In a response to a citizen’s complaint, Attorney General Todd Hembree states that Cherokee Phoenix Editorial Board Vice Chairwoman Kendra McGeady did not violate the tribe’s Independent Press Act by attending a recent campaign event and was within her right to attend. In a Jan. 15 letter, Cherokee Nation citizen Cheryl Brown requested Hembree investigate the matter, stating that McGeady was present at Principal Chief Bill John Baker and Deputy Chief S. Joe Crittenden’s Jan. 6 campaign kick-off event in violation of the IPA. Legislative Act 16-09 states “board members shall not participate in any political campaign or be involved in any tribal political activity, except to exercise his or her right as a citizen to express his or her individual opinion and cast his or her right to vote.” Hembree states that under the standard provided by Cherokee law there is no evidence that McGeady acted inappropriately. He also highlights the part of the act that states “except to exercise his or her right as a citizen to express his or her individual opinion and case his or her right to vote.” “Ms. McGeady herself is not a candidate, a campaign consultant for any candidate and she does not a position in any candidate’s campaign,” the response states. “She is not collecting signatures for an initiative petition, nor soliciting campaign contributions for any candidate. Her mere presence at an event does not make her a participant in a political campaign.” He further states that a diligent citizen may attend the campaign events of many candidates and her decision to investigate the relative merits of the candidates is not a violation of tribal law. McGeady, who said her attendance at the public event was lawful, agreed with the attorney general’s decision. “I think his findings are extremely appropriate,” she said. Brown said she was glad the Attorney General’s Office looked in the issue but wasn’t shocked with Hembree’s response. “One simply has to review the opinions issued by Mr. Hembree over the past year, more specifically when dealing with the free press act, to understand the outcome of this issue,” she said. “I respectfully disagree with Mr. Hembree but appreciate the process that is in place which will allow a Cherokee Nation private citizen the opportunity to voice their concerns and request that action be taken.” In his response, Hembree also states that it is not the Attorney General Office’s responsibility to remove a Cherokee Phoenix board member, but that of the principal chief or majority of the Tribal Council. <a href="http://www.cherokeephoenix.org/Docs/2015/2/8973_nws_150219_McGeadyUpdate1.pdf" target="_blank">Click here to read</a> Attorney General Todd Hembree’s letter response to Cheryl Brown. <a href="http://www.cherokeephoenix.org/Docs/2015/2/8973_nws_150219_McGeadyUpdate2.pdf" target="_blank">Click here to read</a> Cheryl Brown's letter to CN Attorney General's Office.
BY JAMI MURPHY
Reporter
02/26/2015 03:00 PM
TAHLEQUAH, Okla. – The Election Commission found its new Election Services Office administrator when it promoted former clerk Keeli Duncan during its Feb. 19 special meeting. After returning from executive session, Election Commissioner Shawna Calico motioned to promote Duncan to the administrator position. Duncan has worked as a clerk for seven months at the office and was promoted because of the recent resignation of Madison Cornett in early February. The administrator position, according to a 2009 Cherokee Nation Human Resources job description, requires a bachelor’s degree from a four-year college or university in business administration or related field. The applicant can also have six years related experience or equivalent combination of education and experience. The description also requires an experience requirement of “two years directly related experience in a supervisory capacity and or working at an election precinct.” The Cherokee Phoenix requested to see the job description used for the recent administrator job posting but had not received it from HR as of publication. Duncan, a CN citizen, said she would have a bachelor’s degree in business administration with an emphasis in health care in May. The administrator position is one dictated by CN Election Code. “The administrator of the Election Commission shall be a Cherokee tribal citizen who is independently hired by the Election Commission using objective standards developed by the Election Commission,” the law states. “The administrator shall be under the direct supervision of the Election Commission.” Before the EC promoted Duncan, Election Commissioner Carolyn Allen said she could not support the move. “I think Keeli has done a fine job here in this office as clerk, and I think she has been a great asset in that position. I have nothing personal against Keeli, and I have talked with her personally about this.” Allen said. “But I think there are situations that I’ve discussed with this commission in executive session, and I think it’s not a wise decision on behalf of this commission for me to vote in support of that.” Calico moved to promote Duncan from clerk 2 to administrator at a salary of $42,000. The motion carried 3-1 with Allen voting against. Calico also motioned to promote Brooke Tillison from a clerk 1 to a clerk 3 at a salary of $12 per hour. Tillison had served as a clerk 1 for seven months. The motion carried unanimously. The commission also hired Elizabeth Catron and Alexi Poteet for the clerk 2 and clerk 1 positions, respectively. Catron passed unanimously and Poteet passed 3-1 with Allen voting against.
BY WILL CHAVEZ
Senior Reporter
02/26/2015 08:00 AM
OKLAHOMA CITY – A report by the Center for Investigative Reporting shows Oklahoma’s 5,418 earthquakes tripled the number of quakes in California in 2014 and remains well ahead in 2015. Before 2009, Oklahoma was barely on the earthquake map, but in 2014 Oklahoma recorded 567 earthquakes with a magnitude 3.0 or higher on the Richter Scale. In comparison, U.S. Geological Survey data reflect that Oklahoma experienced an average of fewer than two magnitude 3.0 earthquakes per year from 1978 through 2008. The CIR’s report blames the earthquake uptick in Oklahoma on wastewater disposal wells used in fracking. Scientists also point to fracking-related activities as the reason for the earthquakes. At least 19 peer-reviewed published reports have concluded that many earthquakes occurring in Oklahoma are man-made, triggered by billions of gallons of saltwater and wastewater injected into disposal wells associated with horizontal drilling and enhanced recovery-drilling methods. The increase in the frequency and intensity of earthquakes in the state was cited as the rationale behind legislation that would require insurance carriers in Oklahoma to offer earthquake insurance coverage. Insurers would be required to offer earthquake insurance coverage to their customers under House Bill 1571, a measure proposed by state Rep. Cory Williams, D-Stillwater. [BLOCKQUOTE]If passed, it would require all residential property insurance policies issued new or renewed on or after Nov. 1, 2015, to offer coverage “for loss caused by the peril of earthquake.” The coverage would be optional, but carriers would be compelled to notify their customers of its availability. Oklahomans, particularly in the northern and central sectors of the state, have been rattled by tremors since the resumption of oil and gas development during the past four years. Cherokee Nation citizen Jennifer Barger Johnson, who lives in Oklahoma City, said her home “has felt some pretty strong tremors.” “In fact last night (Jan. 29) around 6:07 p.m. there was one that only registered 2.9 (on the Richter Scale) about 3.1 miles from us. It shook the whole house rather violently but only lasted maybe 2 seconds,” she said. “The worst by far was the one that happened right after the OU-OSU game in 2011. That one rattled us incredibly and lasted a good 10 seconds. It was 5.6 (magnitude) and centered about 50 miles from us in Stillwater (Payne County).” Johnson said after that she and her husband Eric applied for and obtained earthquake insurance. “There was a 30- or 60-day waiting period from the last quake for it to go into effect, but it’s been in force for some time now,” she said. She said she pays less than $10 a month and the policy only covers her home if it is a total loss due to an earthquake. Minor damage to a home, which she hasn’t experienced, is not covered by insurance policies in Oklahoma. The Payne County tremors have caused a lot of cosmetic damage and some structural damage. “People are very concerned,” Angela Spotts of Stillwater said. “Our houses weren’t built to withstand seismic activity of this intensity and duration.” After two earthquakes occurred in Payne County in October, Spotts said wood trim around the ceiling of her house “pulled away” from the wall, and at least one crack in her house widened. HB 1571 targets insurance policies that cover residential structures of up to four dwelling units, condominiums, manufactured or mobile homes, “or a tenant’s policy insuring personal contents of a residential unit.” Coverage would be optional, not compulsory, and a customer could terminate an earthquake insurance policy or coverage “at any time,” the legislation stipulates.
BY ASSOCIATED PRESS
02/25/2015 04:00 PM
FLAGSTAFF, Ariz. (AP) – The rolling hills of northeastern Arizona where cornfields lined a watering hole and sheep grazed in the distance were home to Susie Robinson and her extended family. When she moved farther east into a new four-bedroom home, it wasn’t by choice but the result of a bitter land dispute between the Navajo and Hopi tribes that dates back centuries. The federal government’s attempt to have these tribes share land failed miserably, leading to one of the largest single relocation efforts in U.S. history. Thousands of Navajos have been transplanted into new homes off Hopi land, while dozens of Hopis have been moved off Navajo land. Federal officials are trying to figure out how best to wrap up the work of the relocation program that has exceeded its original $41 million price tag by more than $500 million and dragged on decades longer than planned. The effort threatens to get even costlier with many people still awaiting new housing. “I want to move this forward,” said Republican U.S. Rep. Ken Calvert of California, who recently visited the reservations with other congressional delegates to hear from tribal leaders on the matter. “The relocation program was never intended to be carried on in perpetuity.” The Office of Navajo-Hopi Indian Relocation was established by Congress in the years after the neighboring tribes were assigned reservations. It underlines a history of animosity between the Navajo and Hopi that has included threats of violence over property and clashes over cultural, business and political views. Land is the most contentious issue. The Navajo and Hopi tribes have occupied the same territory for centuries, though Navajos tended to be more nomadic sheepherders and Hopis mostly resided on three mesas towering above the surrounding desert. In 1882, President Chester Arthur designated 2.4 million acres in Arizona for the Hopi Tribe and other Indians. Hopis outnumbered Navajos six to one on the land, but the Navajo population grew over time. The federal government later gave the tribes the OK to sue over the land, and the Hopis responded in 1958 by seeking sole control of it. Four years later, a federal court deemed 1.8 million acres a joint-use area. But the tribes were not amenable to sharing the land and, ultimately, Congress divided it and ordered tribal members to leave each other’s reservations. The Navajo Nation - the country’s largest reservation at 27,000 square miles - now completely surrounds the 2,500-square-mile Hopi reservation. When the federal government proposed relocation, some Navajos armed themselves and threatened bloodshed if anyone tried to move them. About a handful of Navajos who refused to leave Hopi land still live there under Hopi jurisdiction. Tensions run high at times, particularly over livestock grazing. The Hopi Tribe seized sheep from Navajos last year to preserve the vegetation. The two tribes also have clashed in other areas. Until recently, they refused to be in the same congressional district. The Hopi Tribe also has been fighting a proposal for the Navajo Nation to build an aerial tram into the Grand Canyon. “The relocation basically was a very traumatic experience for Navajo families who were directly affected,” Navajo lawmaker Walter Phelps said. “But it was also a very traumatic experience politically that has a certain amount of impact on the relationship between the tribes and the federal government.” Still, the relocation program mushroomed, with the number of people eligible for housing benefits almost four times higher than expected. In all, more than 7,200 heads of household have sought relocation benefits, representing 16,386 people. The relocation office has approved more than half of those applications. The program was slated to end in 1986, but Navajo opposition to relocation early on and a shortage of suitable land to build houses helped prolong it. Today, about 120 Navajos still await homes, 300 administrative appeals are pending, and eligibility is being determined on 65 applications, according to a recent report from the Interior Department’s Office of Inspector General. The program’s cost could go up another $35 million to $82 million once those applications and appeals are settled. Robinson moved into her new, stucco house on a 1-acre plot in 1985. It was much larger than the two-room house she shared with her mother growing up. But the windows, foundation and stucco started cracking within a year, and she doesn’t have the sheep, cornfields, watering holes or ceremonial hogan she had as a child. For Robinson, the relocation house isn’t home. “I still miss my old place,” said the 60-year-old teacher who works with special education students at a school on the Hopi reservation. “If I were to get that piece of land back, I would be there in a heartbeat.” About a dozen Hopi families relocated to a community called Spider Mound on the Hopi reservation. They have decried the lack of paved roads, running water, electricity and fire suppression that the Hopi chairman’s office said they were promised. The delegation from the U.S. House Appropriations subcommittee that Calvert chairs said it saw an obvious need to address areas of disrepair but wasn’t sure that would be covered by the relocation program. The relocation effort could be completed faster with legislative changes that could include a cash payout instead of a new home, or an increase in annual appropriations, the Office of Inspector General report said. Democratic Rep. Ann Kirkpatrick, whose district includes the Navajo and Hopi reservations, said she would work with the subcommittee to ensure the federal government meets its obligation to the tribes. “They heard from a lot of concerned people who are relocates who spoke very eloquently about their conditions of living and how desperate the situation is,” she said.
BY ASSOCIATED PRESS
02/25/2015 02:00 PM
TULSA, Okla. (AP) — Authorities say a Tulsa man has died after an Osage Nation police officer used a stun gun on him during an altercation with several officers outside a casino. The Tulsa World reported Monday that 41-year-old Terry Price was at the Osage Million Dollar Elm Casino on Friday night despite being banned. The Osage County undersheriff says a deputy arrived after the Osage Nation requested assistance. The deputy chased after Price when he took off in his vehicle, but canceled the pursuit. Authorities say Price returned to the casino and then ran away, with law enforcement officials chasing him on foot. A tribal officer used a stun gun on Price after he began to fight several officers. Price was taken to a hospital, where he was pronounced dead.