Published: May 21, 2007 09:46 am            

Tribal judge signs order, citizen seeks revision

TAHLEQUAH, Okla. — The Cherokee Nation Election Commission has agreed to re-open voter registration for non-Indians whose citizenship status is under review following the recent passage of a constitutional amendment.

The Election Commission’s decision was enacted by a court order signed by Judge John Cripps of Cherokee Nation District Court Friday, but was quickly followed by a motion to intervene filed by Marion Hagerstrand, a tribal citizen.

Hagerstrand is asking the court to re-open the 10-day voter registration period for Freedmen to all Cherokees, and believes excluding them would have an adverse affect on the upcoming June 23 tribal election.

The non-Indians’ citizenship in the Cherokee Nation was re-instated last week, pending resolution of all citizenship appeals, by a temporary injunction granted by a tribal court. The injunction permits eligible members of the group to vote in the Cherokee Nation election on June 23. The Election Commission agreed that those affected by the temporary injunction should have equal opportunity to register to vote. The order also opens absentee ballot requests for people affected by the injunction granting temporary citizenship.

“I’ve signed all the papers [for the motion], so hopefully we’ll [Cherokee citizens] be allowed a level playing field,” said Hagerstrand. “I’m not fighting the order to include the Freedmen but I do believe, in the interest of fairness, registration should be open to all.”

Hagerstrand is a member of the Cherokee Nation Constitutional Commission and the Cherokee Seminaries Student’s Association. She is also a veteran of World War II, where she was stationed at Hollandia, Dutch New Guinea. Hagerstrand is the daughter of Jack Brown, former superintendent of Sequoyah High School and grew up in the two-story white house that still stands on the school grounds today.

“If I can drop everything to help the Cherokees, then that’s what I’m going to do,” said Hagerstrand. “My father always said ‘to whom much is given, much is expected.’”

Cherokee Nation Attorney General Diane Hammons explained the order in a press release Friday.

“The overriding concern is to allow all citizens fair access to our electoral system for the June 23 election,” said Hammons. “There was a time during the voter registration process, and during the absentee ballot request time frame, where those affected by this ruling may have failed to avail themselves of the opportunity to register to vote or request a ballot. Re-opening these processes allows time for those citizens to register and request an absentee ballot if they so choose.”

Nathan Young III, court-appointed attorney for 270 Freedmen appealing the constitutional amendment said during Thursday’s election commission meeting that some tribal councilors running for re-election also wanted to see voter-registration re-open for all Cherokees, despite the fact they had the full legal time required by law to register earlier.

During the same meeting two councilors running for re-election indicated they would protest any such measure.

The ruling grants access to the Cherokee voting process for non-Indians who were granted citizenship under a tribal court ruling in 2006, but whose citizenship status was reversed by the subsequent amendment to the Cherokee Nation Constitution, limiting citizenship to those with Indian ancestors on the base roll of the Cherokee people. Those affected are appealing that vote in Cherokee Nation District Court and the court recently issued an injunction permitting temporary citizenship for the group until their appeals are heard or the court issues a further order.

Citizens affected by the temporary injunction allowing them citizenship during the appeal have until June 1 to return voter registration forms and absentee ballot requests to the Cherokee Nation Election Commission in order to be eligible to vote in the June 23 election.

Learn more

For more information on registering to vote, Judge Cripps’ order or the Cherokee Nation election process, visit the Cherokee Nation’s web site at www.cherokee.org.



Teddye Snell writes for Tahlequah (Okla.) Daily Press.

        

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