http://www.cherokeephoenix.orgAt the Cherokee Nation Election Commission’s May 9 meeting, Commissioner Carolyn Allen entertains a vote for the EC to submit official opinion requests to Attorney General Todd Hembree regarding mailing absentee ballots and voter registration. STACIE GUTHRIE/CHEROKEE PHOENIX
At the Cherokee Nation Election Commission’s May 9 meeting, Commissioner Carolyn Allen entertains a vote for the EC to submit official opinion requests to Attorney General Todd Hembree regarding mailing absentee ballots and voter registration. STACIE GUTHRIE/CHEROKEE PHOENIX

AG issues opinions on absentee ballots, voter registration

BY STACIE GUTHRIE
Reporter – @cp_sguthrie
05/16/2017 12:00 PM
Video with default Cherokee Phoenix Frame
TAHLEQUAH, Okla. – Attorney General Todd Hembree on May 12 released two opinions regarding absentee ballots and voter registration after the Election Commission requested them during its May 9 meeting.

According to the absentee ballot opinion, the EC asked if it should mail a ballot to the address listed on the voter’s ballot request if the EC “has reason to believe” the form has “irregularities” to where the ballot should be sent.

Hembree’s opinion states the EC “must send” a ballot to the voter’s listed address on the request form unless the EC confirms the voter wants the ballot sent to a different address.

According to the opinion, the question stemmed from the EC receiving ballot requests that contained “irregularities” to where the EC should send the ballot. It states the EC contacted the voters who submitted the “alleged” irregular requests and that it was able to speak with a number of voters to find out where the absentee ballots should be sent.

According to the voter registration opinion, the EC asked if a CN citizen who submits a voter registration card on the last registration day for the 2017 general election would be considered a “registered voter” despite the EC not having “sufficient time” before the registration deadline to determine in which district the voter resides.

The opinion states a citizen who submits an “otherwise complete voter registration form” no later than the deadline of the election year “shall be considered a registered voter” even if “the commission is unable to determine the citizen’s voting district until after the voter registration deadline.”

According to the opinion, the EC received a voter registration form that listed a rural route address that did not contain “sufficient” driving direction to the address, so the EC was unable to determine the citizen’s voting district before the March 31 deadline. It states the EC was able to determine the district after the deadline.

The EC voted to submit the questions to Hembree following an executive session in its May 9 meeting. Commissioners said they discussed asking for the opinions during the private session but did not state the nature of the questions.

Prior to the executive session, commissioners voted to go into the private meeting without stating its specific purpose, as required by the CN Freedom of Information and Rights of Privacy Act.

According to the law, public bodies of the CN and its subsidiaries must vote to go into executive session, and when the vote is “favorable” the “presiding officer shall announce the specific purpose of the executive session.”

The act states a public body can only enter executive session to discuss personnel issues; certain financial or business matters; matters protected by client-attorney privilege; development of security personnel or devices; investigative proceedings regarding allegations of criminal misconduct; or matters relating to the proposed location, expansion or the provision of the location or expansion of industries in the area served by the public body.

Election Director Connie Parnell said the EC’s actions regarding the executive session were in “compliance” with CN law.

EC attorney Harvey Chaffin referred all questions regarding the executive session to the EC.

Hembree declined to comment on whether or not the EC was in compliance with the FOIA.

In other news, Parnell said the EC is on “target” with everything for the upcoming election.

“Absentee ballots went out on the days they were suppose to,” she said. “We have one precinct official training left and that’s this coming Saturday (May 13). We have all of the supplies. We’re still training precinct officials. Once that is through then the next thing will be pack all of our plastic tubes that has all their incidentals in them and get those ready so that you all, as commissioners, will be able to give them their supplies.”

Click here towatch the complete Election Commission meeting.

Click here tothe attorney general's opinion on absentee ballots.

Click here tothe attorney general's opinion on voter registration.
About the Author
Stacie Guthrie started working at the Cherokee Phoenix in 2013 as an intern. After graduating from Northeastern State University with a bachelor’s degree in mass communications she was hired as a reporter.

Stacie not only writes for the Phoenix, but also produces videos and regularly hosts the Cherokee Phoenix radio broadcast.

She found her passion for video production while taking part in broadcast media classes at NSU. It was there she co-created a monthly video segment titled “Northeastern Gaming,” which included video game reviews, video game console reviews and discussions regarding influential video games.

While working at the Phoenix she has learned more about her Cherokee culture, saying she is grateful for the opportunity to work for and with the Cherokee people.

In 2014, Stacie won a NativeAmerican Journalists Association award for a video she created while working as an intern for the Phoenix. She was awarded first place in the “Best News Story-TV” category.

Stacie is a member of NAJA.
stacie-guthrie@cherokee.org • 918-453-5000 ext. 5903
Stacie Guthrie started working at the Cherokee Phoenix in 2013 as an intern. After graduating from Northeastern State University with a bachelor’s degree in mass communications she was hired as a reporter. Stacie not only writes for the Phoenix, but also produces videos and regularly hosts the Cherokee Phoenix radio broadcast. She found her passion for video production while taking part in broadcast media classes at NSU. It was there she co-created a monthly video segment titled “Northeastern Gaming,” which included video game reviews, video game console reviews and discussions regarding influential video games. While working at the Phoenix she has learned more about her Cherokee culture, saying she is grateful for the opportunity to work for and with the Cherokee people. In 2014, Stacie won a NativeAmerican Journalists Association award for a video she created while working as an intern for the Phoenix. She was awarded first place in the “Best News Story-TV” category. Stacie is a member of NAJA.

News

BY ASSOCIATED PRESS
10/22/2017 04:00 PM
TULSA, Okla. (AP) — A white former Oklahoma police officer was convicted of first-degree manslaughter in the off-duty fatal shooting of his daughter's black boyfriend after jurors in three previous trials couldn't decide whether to find him guilty of murder. Jurors deliberated about six hours Wednesday night before finding ex-Tulsa officer Shannon Kepler, 57, guilty of the lesser charge in the August 2014 killing of 19-year-old Jeremey Lake, who had just started dating Kepler's then-18-year-old daughter, Lisa. The jury recommended a sentence of 15 years in prison. A sentencing hearing is scheduled for November 20. Lake's death occurred four days before a white police officer fatally shot an unarmed black teenager in the St. Louis suburb of Ferguson on Aug. 9, 2014. Brown's killing touched off months of protests and became a catalyst for the Black Lives Matter movement, which decries police violence against minorities and calls for greater transparency from law enforcement officials, especially in cases of officer-involved shootings. The issue of race had also become an undercurrent in each of Kepler's previous three trials, with only one African-American being selected for each jury and accusations by civil rights activists that Kepler's attorneys were purposely trying to exclude potential black candidates. Another racial element had been recently added to the case when Kepler argued that he couldn't be tried by state prosecutors because he's a member of an American Indian tribe. A judge determined the fourth trial in less than a year could move forward in state court. Kepler says he's 1/128th Muscogee (Creek). Kepler's attorneys said the 24-year-police veteran was trying to protect Lisa Kepler because she had run away from home and was living in a crime-ridden neighborhood. Defense attorney Richard O'Carroll said Lisa had been in and out of a homeless shelter after her father forbade her from bringing men home into the house. Kepler told investigators Lake was armed and that he was acting in self-defense, but police didn't find a weapon on Lake or at the scene. "He's bringing it, I'm bringing it," Kepler said from the witness stand. "It was either him or me. I'm not going to stand there and get shot." Kepler retired from the force after he was charged. Prosecutors said Kepler first watched his daughter and Lake from his SUV before approaching them on the street. Lake's aunt disputed Kepler's self-defense account and has said her nephew was reaching out to shake Kepler's hand to introduce himself when Kepler fired. During closing arguments, Tulsa County Assistant District Attorney Kevin Gray referred to Kepler's claim that he thought Lake was armed as "the phantom gun" defense. Neither O'Carroll nor District Attorney Steve Kunzweiler immediately returned phone calls seeking comment. Jurors in the previous three trials had deadlocked 11-1, 10-2 and 6-6, forcing the judge to declare mistrials. Although they couldn't agree on the murder charge, jurors in the first trial convicted Kepler of recklessly using his firearm.
BY ASSOCIATED PRESS
10/22/2017 12:00 PM
OKLAHOMA CITY (AP) — Outpatient mental health and substance abuse programs for 189,000 Oklahoma residents, including some addicted to opioids, will be eliminated or slashed on Nov. 1 because of state budget cuts, the state mental health agency director said Wednesday. Commissioner Terri White of the Oklahoma Department of Mental Health and Substance Abuse Services said the agency will have to drastically cut its budget for the fiscal year that began July 1 if state lawmakers don't fill a $215 million hole in the state budget. The hole was created when the state Supreme Court overturned a $1.50-per-pack cigarette tax that was supposed to help fund the agency. "These cuts...are unbearable," White said at a news conference in front of the agency's Crisis Center. "They will decimate the state's behavioral health system." White said the cut to her agency of $75 million, or 23 percent of the total budget will result in the loss of another $106 million in federal matching funds and will be implemented almost entirely in the second half of the fiscal year. Oklahoma has the highest percentage in the nation of people over the age of 12 who have used prescription pain relievers for non-medical reasons in the last year, according to a July report from the Substance Abuse and Mental Health Services Administration. The budget cuts will eliminate funding for drug courts, which provide treatment options for criminal defendants who are addicted to opioids and other addictive substances. Oklahoma lawmakers convened a special legislative session on Sept. 25 to consider ways to raise new revenue and avoid dramatic cuts, but recessed without an agreement. Negotiations between Republican Gov. Mary Fallin and legislative leaders are continuing. GOP Floor Leader Jon Echols of Oklahoma City did not immediately return a telephone call seeking comment. White said the agency will trim $65 million of its budget by eliminating all outpatient services except for the delivery of medication needed by mental health and substance abuse patients. The balance will be cut through the elimination of psychiatric residential treatment for children, White said. The agency will continue to provide in-patient psychiatric and substance abuse care for the most acutely ill patients, she said. About 300 state workers will be laid off or terminated due to the cuts as well as thousands of employees in 700 private and nonprofit organizations involved in the mental health and substance abuse fields in the state. Mental health and law enforcement officials who have daily contact with people with mental health and substance abuse issues said the proposed cuts could devastate the lives of those who receive the services. "We will lose lives if we cut outpatient services," said Steve Buck, executive director of the state Office of Juvenile Affairs.
BY ASSOCIATED PRESS
10/21/2017 04:00 PM
BISMARCK, N.D. (AP) — A federal judge in Washington, D.C., will accept arguments over the next month on whether the developer of the Dakota Access pipeline must stage equipment near an American Indian reservation in southern North Dakota to respond to any oil spill under the Missouri River. The idea is part of a fallback plan proposed by the Standing Rock Sioux tribe in August in case U.S. District Judge James Boasberg eventually decided to allow the four-state pipeline to continue operating while federal officials do more study on the $3.8 billion project's impact on the tribe. Boasberg ruled on Oct. 11 that oil could keep flowing from western North Dakota through South Dakota and Iowa to a distribution point in Illinois, as it has been since June 1. President Donald Trump earlier this year pushed through the pipeline's completion. On Wednesday, Boasberg conferred with attorneys on both sides of an ongoing tribal lawsuit against the pipeline and set a timeline for arguments on Standing Rock's proposal. It includes increased public reporting of pipeline issues such as repairs, and implementation of an emergency spill response plan — including equipment staging — at the crossing beneath the Missouri River's Lake Oahe reservoir. The tribe gets its water from the reservoir and fears harm from any spill. Standing Rock is the leader of four Sioux tribes hoping to convince Boasberg to shut down the line, which Texas-based developer Energy Transfer Partners maintains is safe. Boasberg won't make a decision until the Army Corps of Engineers, which permitted the project, completes more study that he ordered in June on the pipeline's impact on Standing Rock. The additional review isn't likely to be completed until next spring, according to the Corps. Boasberg in his ruling allowing pipeline operations to continue noted that the Corps and ETP had not yet expressed their positions on the tribe's "alternative relief" plan and said he would hear arguments on the matter. He'll make a decision on the proposal sometime after mid-November under the timeline for arguments that he set Wednesday.
BY ASSOCIATED PRESS
10/21/2017 12:00 PM
OKLAHOMA CITY (AP) — Oklahoma Gov. Mary Fallin says federal officials have extended the state's deadline for complying with the REAL ID Act to Oct. 10, 2018. Fallin said Thursday that the compliance deadline was extended by the U.S. Department of Homeland Security. The agency's previous deadline for complying with the federal law passed last week. Fallin says the extension means that the federal government will continue to recognize Oklahoma driver's licenses and ID cards for entering federal buildings and installations for another year. Fallin signed legislation earlier this year to bring the state in compliance with the 2005 law that strengthens rules for government-sanctioned identification. The measure requires state driver's licenses and ID cards to have security enhancements and be issued to people who can prove they are legally in the United States.
BY STAFF REPORTS
10/20/2017 04:00 PM
TULSA, Okla. – Cherokee Nation Technologies is hosting job fairs from 1 p.m. to 7 p.m. on Oct. 24 from 10 a.m. to 3 p.m. on Oct. 28 at 10837 E. Marshall St. The tribally owned company anticipates hiring 100 bilingual call center specialists to respond to calls from Disaster Recovery Service Centers. Hired support specialists will answer questions and perform data entry for individuals and businesses affected by hurricanes Harvey, Irma and Maria. CNT is looking for experienced and entry-level bilingual agents. All applicants must be U.S. citizens, be at least 18 years of age with a high school diploma or GED and have the ability to pass a background and drug screening. Job fair attendees should bring their résumés and be prepared for an interview at the CN Nation Career Services office on Marshall Street. CNT is part of the Cherokee Nation Businesses family of companies and is headquartered in Tulsa, with a regional office in Fort Collins, Colorado, and client locations nationwide. CNT provides unmanned systems expertise, information technology services and technology solutions, geospatial information systems services, as well as management and support of programs, projects, professionals and technical staff. For more information or to apply online, visit <a href="https://cnbjobs.cnb-ss.com/#/jobs/11540" target="_blank">https://cnbjobs.cnb-ss.com/#/jobs/11540</a>.
BY STAFF REPORTS
10/19/2017 04:00 PM
WASHINGTON – U.S. Secretary of the Interior Ryan Zinke in October announced the selection of Bryan Rice, a veteran federal administrator and Cherokee Nation citizen, as the new director of the Bureau of Indian Affairs, the federal agency that coordinates government-to-government relations with 567 federally recognized tribes in the United States. “Bryan has a wealth of management expertise and experience that will well serve Indian Country as the BIA works to enhance the quality of life, promote economic opportunity, and carry out the federal responsibility to protect and improve the trust assets of American Indians, Indian tribes and Alaska Natives,” Zinke said. “I have full confidence that Bryan is the right person at this pivotal time as we work to renew the department’s focus on self-determination and self-governance, give power back to the tribes, and provide real meaning to the concept of tribal sovereignty.”?? Rice, who started his new position on Oct. 16 recently led the Interior’s Office of Wildland Fire, and has broad experience leading Forestry, Wildland Fire and Tribal programs across the Interior, BIA and the U.S. Department of Agriculture. “Native Americans face significant regulatory and bureaucratic hurdles to economic freedom and success,” Rice said. “I am honored to accept this position and look forward to implementing President Trump’s and Secretary Zinke’s regulatory reform initiative for Indian Country to liberate Native Americans from the bureaucracy that has held them back economically.” His federal government career has spanned nearly 20 years, beginning with service on the Helena Interagency Hotshot Crew for the U.S. Forest Service in Montana. He served as a Peace Corps volunteer in Nepal, working in both community forestry and rural development and supervised timber operations as a timber sale officer on the Yakama Reservation as well as a forester on the Tongass National Forest in Alaska. Rice also served in leadership capacities internationally in Tanzania, Mexico, Brazil and Australia for both Interior and the U.S. Forest Service. ?? Rice has served in two senior executive service natural resources management leadership positions, including as deputy director for the BIA Office of Trust Services from 2011-14, and as director of Forest Management in the U.S. Forest Service from 2014-16. ?? Rice spent his school years in the Midwest in Whitewater, Wisconsin, and Peoria, Illinois. ?He holds a bachelor’s degree in forestry from the University of Illinois at Urbana-Champagne and a master’s degree in business administration from the University of Alaska – Southeast, focusing on rural development and transportation systems. Principal Chief Bill John Baker said he looks forward to working with Rice. “The Cherokee Nation is certainly proud of our citizen, Bryan Rice, and his accomplished career stemming in natural resources and now in Washington, D.C., overseeing the agency that most directly works with all federally recognized Indian tribes,” Baker said. Rice’s position does not require Senate confirmation.