EBCI Government Explained: Absentee voting

by Jul 24, 2025NEWS ka-no-he-da0 comments

By SCOTT MCKIE B.P.

One Feather Asst. Editor

 

CHEROKEE, N.C. – Registered voters of the Eastern Band of Cherokee Indians (EBCI) may cast an absentee ballot for tribal elections providing they meet certain criteria and deadlines.  Absentee voting is covered in Cherokee Code Sec. 161-15.

Sec. 161-15(a) states, “The Board of Elections shall prepare and administer a separate ballot for absentee voting.  The absentee ballot shall be identical to the regular ballot except that it shall be printed on paper of a different color.”

The EBCI Board of Elections provided the following dates of interest regarding absentee or early voting for the 2025 General Election:

  • Aug. 1: absentee request for the General Election begins
  • Aug. 11-16: early voting from 9 a.m. to 4 p.m. each day
  • Aug. 18-23: early voting from 9 a.m. to 4 p.m. each day
  • Aug. 25: absentee request by mail ends for the General Election
  • Aug. 29: absentee voting in-person for the General Election ends at 4 p.m. and voter registration closes at 4 p.m.
  • Sept. 4: General Election from 6 a.m. to 6 p.m.

To request an absentee ballot application, either stop by the EBCI Board of Elections Office located at 808 Acquoni Rd. (Ginger Lynn Welch Complex), Cherokee, NC 28719 or call the following numbers: Nancy Locust (828) 359-6362 or Kelsi Huskey 359-6361.

Prior to 2003, Cherokee Code 161-14(b) read as follows, “All enrolled members registered to vote may vote by mail or in person by absentee ballot.”

Dinilawigi (Tribal Council) passed Res. No. 776 on April 3, 2003 adding criteria that must be met before a person can vote absentee.  Ugvwiyuhi (Principal Chief) Michell Hicks vetoed that legislation.

Several months later, Dinilawigi approved Res. No 1037 on Aug. 8, 2003 which authorized a referendum vote on the criteria.  That legislation, submitted by Brenda Norville, stated in the whereas section, “Res. No. 776 was vetoed by the Principal Chief on the grounds sufficient time was not given to all members of the Tribe, including those who live away from the Qualla Boundary, to be informed of the measure and to have their voices hear on the issue; and Tribal Council and the Principal Chief agree that this important issue should be voted on by the members of the Tribe in a duly held referendum.”

That referendum was held on Dec. 12, 2003 and all six of the criteria put forth were approved.  Those measures were officially put into the Cherokee Code with the passage of Ord. No. 203 on Aug. 5, 2004.

It amended Cherokee Code Sec. 161-14(b) (which is now Sec. 161-15) to read as follows:

“Only enrolled members who are registered to vote and meet one of the following requirements may vote by mail or in person by absentee ballot:

(1) Tribal members serving on active military duty, including immediate family members who reside in the household, who are unable to return to Cherokee/polling place to cast their votes;

(2) Tribal members who are unable to return to Cherokee/polling place to cast their votes;

(3) Tribal members enrolled in institutions of higher education and enrolled members of their household that are unable to return to Cherokee/polling place to cast their votes;

(4) Tribal members who are employees of the Tribe and are required to be away from Cherokee for training or for reasons required by their employment on the date of election who are unable to return to Cherokee/polling place to cast their votes;

(5) Tribal members who: because of illness are in a hospital, nursing home, or other treatment facility, and/or, who because of their physical condition and course of treatment are unable to go to the polling place to cast their votes; or

(6) Tribal members who physically reside on Cherokee trust lands but who will be absent from Cherokee on Election Day for business or personal reason and are unable to return to Cherokee/polling place to cast their votes.”

The above criteria remain in place today.

Sec. 161-15(j) deals with several housekeeping issues involving absentee ballots.

(j)(2) states, “When the Board of Elections receives and approves an application for absentee ballots, it shall promptly issue and transmit the ballot to the voter only, not to a relative.”

(j)(3) states, “If the voter does not meet the criteria for absentee voting, the Board of Elections will notify the voter in writing of the reason for denial. The decision of the Board of Election to deny an absentee ballot application shall be final.”