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 ASSOCIATED PRESS
12/21/2014 04:00 PM
FLAGSTAFF, Ariz. (AP) – U.S. Rep. Paul Gosar’s reference to American Indians as “wards of the federal government” has struck a harsh chord with tribal members and legal experts in the days following a discussion about a controversial Arizona land deal that would make way for the country’s largest copper mine. The Arizona Republican was responding to concerns from Phil Stago of the White Mountain Apache Tribe when he made the comment that stunned people at the round-table talk. Stago said the phrase is antiquated and ignores advances made in tribes managing their own affairs and seeking equal representation when it comes to projects proposed on land they consider sacred. “He kind of revealed the truth - the true deep feeling of the federal government: `Tribes, you can call yourselves sovereign nations, but when it comes down to the final test, you’re not really sovereign because we still have plenary authority over you,’” Stago told The Associated Press. Gosar spokesman Steven Smith said that wasn’t the intent of the congressman, whose constituents in the 4th Congressional District include Apache tribes. He didn’t respond to requests to elaborate further. “If that’s what he got out of that, I think it’s misconstrued,” Smith said. “If you look at the work the congressman has done, that’s far from the truth.” Smith said Gosar has been an advocate for strengthening the relationship between tribes and the federal government. He pointed to legislation he sponsored this year that would do so. Gosar held the discussion Friday in Flagstaff with Democratic Rep. Ann Kirkpatrick, who grew up with Stago on Arizona’s Fort Apache Reservation. Dozens of people attended the meeting to discuss land, mining and forest issues with the representatives. One topic they addressed was a proposal to swap 2,400 acres of southeastern Arizona’s Tonto National Forest for about 5,300 acres of environmentally sensitive land throughout the state controlled by a subsidiary of global mining giant Rio Tinto. Stago said the proposal was disrespectful to tribal sovereignty. Gosar said: “You’re still wards of the federal government,” according to the Arizona Daily Sun. While former U.S. Supreme Court Chief Justice John Marshall described tribes’ relationship with the federal government as that of a ward to its guardian in the 1830s, that characterization has long been irrelevant, experts in federal Indian law said. Tribal members once seen as incompetent in the Supreme Court’s eyes became U.S. citizens in 1924, and the Indian Reorganization Act of 1934 pushed the concept of tribal sovereignty and self-determination, said Troy Eid, a Republican and former U.S. attorney in Colorado. Congress maintains control over Indian affairs. However, the Interior Department is moving away from archaic paternalism when it comes to relationships with tribes, a spokeswoman said. The Bureau of Indian Affairs’ website notes the federal government is a trustee of Indian property - not the guardian of all American Indians and Alaska Natives. Eid said the language that defines core concepts of Indian law is old and often ethnically offensive. “Wards of the federal government” is no different, he said. “That’s just not appropriate,” Eid said. “In the heated context of what this represents, it’s especially inappropriate to be resorting to what amounts to race baiting.” The trend has been for tribes to take more control over their affairs while holding the federal government to promises generally born out of treaties. In exchange for tribal land, the government promised things like health care, education and social services in perpetuity for members of federally recognized tribes. Some tribes are taking advantage of federal laws that allow them to prosecute felony crimes and assert jurisdiction over non-Natives in limited cases of domestic violence. They also have the authority to approve trust land leases directly, rather than wait for BIA approval. Sam Deloria, a member of the Standing Rock Sioux Tribe who served for 35 years as director of the American Indian Law Center in Albuquerque, New Mexico, said tribes welcome discussion about policy matters. But when someone makes a comment like Gosar’s, “it doesn’t contribute much to the debate,” he said.
BY ASSOCIATED PRESS
12/21/2014 12:00 PM
CASPER, Wyo. (AP) – The Northern Arapaho tribe has filed a federal lawsuit alleging that proposed Internal Revenue Service rules could cause Native Americans to pay higher insurance premiums or lose health care benefits. Tribal leaders said the recently proposed IRS interpretation of the large-employer mandate would unlawfully exempt Native Americans working for the tribe from receiving tax credits and cost-sharing benefits specifically outlined by new federal health laws. Northern Arapaho Business Council members said the IRS rule would eliminate tribal tax credits for health care benefits and make those earning more than 300 percent of the federal poverty level exempt from cost-sharing provisions that currently cover Native American insurance premiums. “The Northern Arapaho Business Council fully supports what Congress and the president have accomplished with the Affordable Care Act,” said Northern Arapaho Councilman Darrell O’Neal, “but the folks in the agencies have taken a wrong turn in implementing it.” The Northern Arapaho Tribe has about 10,000 enrolled citizens and shares a large reservation in Wyoming, southeast of Grand Teton National Park. It employs more than 600 people. The tribe insures its workers with plans from the federal health insurance marketplace and provides more than 80 percent of premium costs, the Casper Star-Tribune reported. Under the rule, tribal governments and agencies are considered large employers. Those Native Americans employed by the tribes would be subject to provisions of the large-employer mandate. More than 62 percent of Northern Arapaho members live below the poverty line. If approved, the rule would take effect Jan. 1. The rule-making is on hold, awaiting results of the case, filed in the U.S. District Court of Wyoming. The tribe said Congress did not intend the health care legislation to block Native Americans’ benefits and that the IRS rulemaking exposes a rift between legislation and the executive branch. The IRS referred calls to the Department of Justice, which did not immediately respond to a request for comment.
BY ASSOCIATED PRESS
12/20/2014 04:00 PM
ATLANTIC CITY, N.J. (AP) – California’s Pala Indians have launched their Internet gambling site in New Jersey following a test period in November, becoming the first tribe to do so in the state. The Pala Band of Mission Indians received permission from New Jersey gambling regulators for a full launch of the website in a partnership with Atlantic City’s Borgata. PalaCasino.com started taking bets on Nov. 29, Jim Ryan, CEO of Pala Interactive, the tribe’s Internet gambling arm, said. “We had a solid weekend and we have yet to start marketing,” he told The Associated Press. “We believe we are breaking into the New Jersey market at the perfect time.” The tribe’s entry into New Jersey’s online market comes at the anniversary of Internet gambling, which has not produced nearly the amount of revenue state officials had hoped. When it began on Nov. 25, 2013, New Jersey officials were projecting a $1 billion a year industry in its first year. To date, only about one-tenth of that, or $111 million, has been won online by the casinos. The tribe, which runs the Pala Casino and Spa in San Diego County, California, is using one of the Borgata’s online gambling licenses. Like other New Jersey Internet gambling providers, it can only take bets from customers within New Jersey’s borders. It plans to launch an online poker site in the first quarter of 2015. The site’s full debut came days after New Jersey gambling regulators said they had found no evidence Ryan was involved in a 2006 cheating scandal at his previous employer. The report determined the UltimateBet scandal occurred while Ryan was head of Excapsa Software. That firm’s software was used to cheat players by revealing their hidden cards to other users, resulting in losses of nearly $20 million to players. But the software was developed by a different company that predated Ryan’s employment at Excapsa, according to the report. The money was ultimately refunded. The Pala site uses a different platform, Ryan said.
BY STAFF REPORTS
12/20/2014 12:00 PM
TAHLEQUAH, Okla. – Candidates running for office in the 2015 Cherokee Nation General Election can pick up their election packets beginning on Jan. 5 at the Election Services Office. According to an Election Commission press release, the filing period for candidates will begin on March 2, and will continue until 5 p.m. on March 5. If any candidate wishes to withdraw their candidacy he or she may do so 10 days following the close of the filing period, the release states. Seats open are for principal chief, deputy chief as well as Tribal Council districts 1, 3, 6, 8, 12, 13, 14 and one At-Large. Registered voters residing outside the CN jurisdiction who wish to vote by absentee ballot may fill out an absentee ballot request to be processed from Feb. 2 to May 8, the release states. Absentee ballot requests will be available at the Election Services Office and online at <a href="http://www.cherokee.org/elections" target="_blank">www.cherokee.org/elections</a>. Absentee ballots will be mailed out on May 26-27 by the Election Commission. Voter registration will close March 31. To print a voter registration form online visit <a href="http://www.cherokee.org/elections" target="_blank">www.cherokee.org/elections</a> or pick up one in person at the Election Services Office. Citizens can request to have one sent by email or fax. Also, voters with address changes, name changes or any changed information will need to submit a new voter registration application, according to the release. The Election Services Office is from 8 a.m. to 5 p.m. Monday through Friday. It’s located at 22116 S. Bald Hill Road. For more information call 918-458-5899.
BY WILL CHAVEZ
Senior Reporter
12/19/2014 02:42 PM
EUCHA, Okla. – Eucha residents gathered on the evening of Dec. 13 to celebrate the opening of the new Eucha Community Center. The center’s opening was five years in the making after setbacks prevented residents from completing the 50-foot-by-75-foot building, which will be used by the Eucha Indian Organization and community. “We had a lot of problems. The roof blew off twice while we were trying to build it. Some of the guys got dissatisfied and they quit, but some of them stayed on. And then about three months ago I started coming up here and working on the inside of it,” community organizer Tad Dunham said. “We finally got it finished. Actually we got it finished yesterday (Dec. 12).” The center’s opening coincided with the annual Eucha Fire Department Christmas dinner. The fire department and its firefighters are a centerpiece for the community located about four miles west of Jay in Delaware County and about two miles north of Lake Eucha. Dunham said when the lake was built in 1952 the town was moved to its present location. In years past, the fire department, which is next door to the community building, backed its trucks out of the fire station to make room for events. “We always worried about them freezing this time of year because some of the water lines are only an eighth of an inch that go to the gauges and they freeze really quickly,” Dunham said. “Now we don’t have to pull them out. We can use this building (community center), and it just makes everything greater. Plus we have more room in here.” Cullus Buck, EIO chairman and EFD assistant chief, said the center would “mean a lot” because it gives residents a place to meet without using the fire station. “We opened up the fire department many times for family reunions and different things, and now this will take care of that, and we won’t have to worry about our trucks freezing,” Buck said. He said he wants to use the center to keep the area’s Cherokee heritage alive by having craftspeople and others visit to share their knowledge. “I’m going to try to get some beading classes in. My wife, she knows how to (do) that and some basket weaving. We had a guy come up and said he would teach knife (making), and I’ve got a couple of people who are interested in teaching the Cherokee language,” Buck said. He said he appreciates any help the Cherokee Nation could provide in preserving Cherokee heritage in Eucha but believes there are residents qualified to teach the Cherokee language and arts and crafts. The CN’s Community Work Program provided $116,000 to build the center, and the nearby Seneca-Cayuga Tribe in Grove and the Eastern Shawnee Tribe in Wyandotte also provided assistance. The Eastern Shawnee donated the building’s appliances, and the Seneca-Cayuga helped fund the Christmas dinner. “It wasn’t just the Cherokee Nation. Different tribes helped pitch in to get it (community center) done,” Buck said. “There was one point I wanted to give up. We got it all ready to go, had all the trusses up, and they all fell in because we had a tornado right down the road.” Dunham said he believes the building will begin an era in the community because people now have a gathering place for reunions, parties, weddings and funerals. “It’s going to open up the whole area for the community, not just the Eucha community but the surrounding area. It will be a general purpose building for the whole community,” he said. “I want to thank the Cherokee Nation not only for this building, but everything else they do for the community and all the Cherokee people – all the health care they provide, the roads they build – if you look around you can see their mark on about everything in the area, so we really appreciate the Cherokee Nation.”
BY ASSOCIATED PRESS
12/19/2014 12:47 PM
TULSA, Okla. (AP) – The Cherokee Nation has opened a tag office in Tulsa as it makes its license plates available to its citizens across Oklahoma. Principal Chief Bill John Baker says demand is up for Cherokee Nation license plates, so it was necessary to open a Tulsa office so it can deliver tags in a timely manner. The tag office opened Thursday with a ribbon-cutting ceremony. It joins five others - at Adair, Collinsville, Jay, Sallisaw and Tahlequah. The new office is in the Cherokee Nation Welcome Center off U.S. 412. In the last fiscal year, the Cherokee Nation generated $11 million in motor vehicle tag revenue, up $2 million from the earlier year. Funds are used for public schools, road and bridge improvement projects, and law enforcement.