The referendum ballot for the upcoming Eastern Band of Cherokee Indians election is expected to get an overhaul following a pair of votes in Tribal Council today. The body voted to shelve previously approved referendum questions on approving a tribal constitution, and on term limits and conversation to four-year, staggered terms for Tribal Council. It also passed a new resolution adding a referendum question about legalizing cannabis use on tribal lands for people 21 and older.
After six years of work, the Cherokee Constitution Committee presented a proposed constitution to Tribal Council in April, along with a resolution requesting that voters be given the chance to vote on its adoption in September. With no discussion, Tribal Council unanimously approved the resolution — but in the weeks that followed, staff from the tribe’s Attorney General’s Office pointed out alleged flaws in the document that they said would produce disastrous, unintended consequences if it were allowed to go into effect.
In response to these concerns, Tribal Council adopted a resolution to “pause” the constitution referendum effort to allow for “additional community input.” The decision followed a June 12 presentation from a group of young voters who presented a petition with 76 signatures asking Council to “postpone the vote for the Constitution and collaborate with both the Constitution committee and the Attorney General’s Office to implement a thorough review process that meets all of the People’s needs, including the next generation’s.”
The resolution directs that one or more new constitution conventions be held to consider changes to the current draft. Rules and procedures for these conventions will be drafted by a group consisting of two delegates plus one alternate from each of the three branches of government, as well as from Community Club Council and from the population of young tribal members ages 18 to 25. Convention meetings must be open to the public with quarterly updates on progress provided to Tribal Council. The delegates will be responsible for drafting the constitution, and before submitting it to Tribal Council must cause a legal review to be completed. Funding appropriated in 2019 toward constitutional efforts “shall remain available and may be supplemented by Tribal Council.” The delegates will have the ability to contract with third-party subject matter experts who are not affiliated with the tribe to get input on the document.
Because adopting the constitution would require a 51% voter turnout, the decision means that no new constitution is likely to be adopted until 2027 at the earliest, which is the next chief’s election year. Voter turnout was 57.11% during the last chief’s election in 2019 and 45.3% during the 2021 election when only Tribal Council and School Board seats were on the ballot.
The constitution question is not the only referendum nixed through the resolution. It also rescinds a pair of resolutions passed in 2021 and 2022 that outlined referendum questions asking tribal members to approve consecutive term limits and conversion to staggered, four-year terms for Tribal Council.
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In response to a request from Cherokee One Feather Editor Robert Jumper, who had submitted the resolutions, Big Cove Rep. Teresa McCoy moved to remove language rescinding those resolutions. However, Vice Chairman Albert Rose was the only member of Council to support that move. The resolution passed with language rescinding all three resolutions. Rose was the only member to oppose its final passage.
The next item on the agenda was a referendum question asking voters whether they support legalizing cannabis use for anybody 21 and over. A “yes” vote would not automatically make the drug legal but would signal to Tribal Council that there is enough community support for them to consider drafting legalization laws.
While nobody around the horseshoe voiced opposition to someday legalizing recreational marijuana use, several had concerns about the wording of the question and the timing of the referendum. The resolution passed, though narrowly. In favor were Chairman Richard French, Yellowhill Rep. T.W. Saunooke, Snowbird/Cherokee County Reps. Adam Wachacha and Bucky Brown, Birdtown Rep. Boyd Owle, McCoy and Rose. Opposed were Wolfetown Reps. Mike Parker and Andrew Oocumma, Yellowhill Rep. David Wolfe and Painttown Rep. Michael Stamper. Painttown Rep. Dike Sneed was absent.
The resolutions now go to Principal Chief Richard Sneed, who under tribal law has 30 days to decide whether to sign them, veto them or allow them to go into effect unsigned. However, the deadline for the EBCI Board of Elections to order ballots for the upcoming election falls inside of that 30-day window. Sneed’s office said he plans to ratify the resolutions ahead of the deadline.
H/T: smokymountainnews.com
