SECTION ONE:
Voter Qualifications. Any duly enrolled full member of the Constitutional twenty-one (21) years of age or older who has participated in community chapter events for 90 days or longer shall be qualified to vote.
All elections shall be conducted by secret ballot. Unless otherwise specified by this Constitution, the outcome of an election shall be determined by majority vote of the qualified voters casting their ballots during the election unless otherwise specified by this Constitution.
SECTION 2
OFFICIALS
AGES RESTRICTIONS: To be elected to the position of Chief at any level of Community, Regional or National office (Except in the auxiliary youth organization) the candidate must be at least 49 years of age as of their last birthday (7 x 7 years - 49) and no older than 77 years of age as of their next immediate birthday. (7 x 11 =77) at the time of their announcement to be considered for the office or at the time of their induction into office, whichever comes last.
Removal. Any elected offical found guilty by the Tribal Council of neglect of duty, gross misconduct in office, or an offense involving dishonesty may be removed from office by the Council.
Recall. Any elected official may be recalled by the voters if a petition requesting such recall signed by at least sixty percent (80%) of the qualified voters is presented to the Council. The Council shall within sixty (60) days of receipt of such petition call an election to consider the recall of the named official. If a majority of the voters vote in favor of the recall, the official shall be removed. No official may be subjected to recall proceedings more than once in the course of his or her term. If the Council fails to call a special election to consider the recall, the membership may hold a membership meeting to conduct such business.
Forfeiture. Any elected official who submits a written resignation, dies, is convicted of a felony while in office, or is absent from three regular Council meetings without being excused by the Council shall automatically forfeit his or her office.
Vacancies. Any vacancy in the shall be filled by appointment by the Council. A Council member appointed to fill a vacancy shall serve for the unexpired portion of the term of his or her predecessor.
NATIONAL It is necessary that a national council be comprised of leadership selected by the people.
Therefore, it is vital that those seeking office best represent the will and desire of the people.
All public officials are to refrain from the recreational use of tobacco and to refrain from the recreational use of herbs, pharmaceuticals and medicines. We follow the teachings of the prophet Yonaguska. Our leaders shall not consume alcoholic beverages at any time.
Additionally, our leaders must participate in Gatiyo or stomp and will not participate in Pow Wows except when outside of the homeland as a gesture of friendship. Pow Wows will not be sponsored within the historic homeland of the Cherokee at any time but when outside of our boundaries, it is permissible for our members to participate in one as a gesture of goodwill.
In order to run for any public tribal office, (this does not refer to those seeking positions in the community groups, but rather to state - state has been referred to as and is sometimes known as regional -- and national positions) the person must announce her or his candidacy. This requires a public announcement no less than 7 months prior to any election date. (The announcement may be made prior to this date but not less than this date)
In order to make public announcement official, one must also prior to the speech and on the same day, be able to produce and present petition with no fewer than 20% of the voting populations signatures and roll #'s. The signatures must only be from valid, registered and eligible to vote tribal members. Any signature found to be on more than 1 petition will be disallowed. Copies of the petitions are to be distributed or made available to the opponents so that these may be validated. Each contestant for the office must make any objections to the validity of the petition documentation prior to 3 weeks before the election, at which time these petitions are to be declared valid after a review of the circumstances by the national council and current tribal leadership.
In order to serve on the national, the candidate must also have served in at least 1 community position prior to running for that office. In order to run for the office of chief, the vice chief and the chief must also have had prior experience in the position of either a community leadership position or a regional leadership position, or a position on the national council but she is not required to have served on more than one level previously.
The ancestry of each candidate is to be posted at least 7 weeks prior to the election and validated by the council at least 3 weeks prior to the election. This ancestry must link directly back to at least 1 ancestor on one of the Cherokee rolls accepted by our tribe.
All candidates enrollment documentation will become a matter of public knowledge with the exception of identification numbers such as driver’s license number, social security number, and other similar numbers.
Enrollment for voting in any election will conclude 7 weeks before the date of the election.
The election is to be held for no more than 4 days, and not less than 1 full day in order to give everyone a chance to participate in the ballot.
or the position of national vice chief
The election of a principal chief on the national level is to be held every 7 years, No vice chief may server more than 4 terms in any state. No local chief may serve more than 2 terms. These are lifetime bans, not consecutive bans. Council seats are to be staggered so that at no time will more than 50% of the council be up for a change of office.
With the exception of current American fashions, all public tribal officials are to abstain from appearing in public places in the regalia of any nation or tribe other than that of the Cherokee people as worn by our ancestors prior to the removal to the west. Current American fashions allowed include the wearing of business attire and casual attire in any appropriate form.
Headdresses such as those worn by the plains peoples are not to be worn by our leadership simply because that style of attire is not our culture. A one time display of that type of attire would not a grounds for removal from office, but may lead to public censure and reprimands and is not to be repeated. The wearing of feather capes and of scarves in the color of their clan (for women) or of turbans (for men) that are fashioned in the style of the southeastern people are not only permissible but are strongly encouraged.
In order to serve on the national council, the candidate must also have served in at least 1 community position prior to running. In order to run for the office, the vice chief and the chief must also have had prior experience in the position of either a community leadership position or a regional leadership position, or a position on the national council.
All state and national candidates for the position of chief, of vice chief or state chief, of ambassador or of any state or national assistant or department or committee must make all existing financial statements and tax records for the past 7 years available for review, and annually thereafter while in office. Failure to do so within 90 days of the request will result in their removal from office. If no records exist then a statement as to the reasons why none are available must be provided.
All former chiefs and vice chiefs become honorary chief emeritus and are a recognized elders council, and as such may be allowed to speak before the council upon any issue that they have taken and gotten a 3/4 majority vote on and present an agreed upon statement to the council on any issue they so agree upon.
STATE State delegates are to convene every 4 years to select a state chief who will serve the function of a vice chief on the national council.
These elections are to be in keeping with the national policies and procedures of the national council and assembly.
No state may convene for the purposes of conducting any business without the presence of the state chief and at least one (1) principal chief from the national council in attendance.
The ancestry of each candidate is to be posted at least 7 weeks prior to the election and validated by the council at least 3 weeks prior to the election. This ancestry must link directly back to at least 1 ancestor on one of the Cherokee rolls accepted by our tribe.
All candidates enrollment documentation will become a matter of public knowledge with the exception of identification numbers such as driver’s license number, social security number, and other similar numbers.
Enrollment for voting in any election will conclude 7 weeks before the date of the election.
LOCAL COMMUNITIES
May select their own name but it is to include in it “......a local community of the Constitutional Cherokee”
A local chief is to be selected from among the local community in keeping with the policies of the national and state councils and assemblies. The election of a local chief is to be held every 4 years, for a state council member every 3 years. No council member, other than fire keeper, clan mother, principal clan mother or beloved woman; may serve for more than 4 years as a council member, but may return as a council member after a period of 7 years absences from any political office. Terms for the state council members are to be staggered so that no more than 50% of the council is replaced within the time period one (1) year.
Exceptions to this are the positions of fire keeper, clan mother, principal clan mother or beloved woman.
The ancestry of each candidate is to be posted at least 7 weeks prior to the election and validated by the council at least 3 weeks prior to the election. This ancestry must link directly back to at least 1 ancestor on one of the Cherokee rolls accepted by our tribe.
Each candidates enrollment documentation will become a matter of public knowledge with the exception of identification numbers such as driver’s license number, social security number, and other similar numbers.
Enrollment for voting in any election will conclude 7 weeks before the date of the election.
ADDITIONAL POWERS AND RESTRICTIONS
The National council shall prescribe rules and regulations for the investigation of complaints of misconduct in office and for removal of any member of any Council or of any officer, provided that the accused shall be given a hearing and that a two-thirds vote of the National Council shall be necessary to remove any person from office.
The National Council shall have the power to call and conduct special elections at any level whenever necessary.
