By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Law governing referendums held for voters of the Eastern Band of Cherokee Indians (EBCI) can be found in the Tribe’s election law in Cherokee Code Section 161-9. That section was established with the passage of Ord. No. 409 on Aug. 7, 2008.
Section 161-9(a) outlines the purpose as, “A referendum is the people’s ability to vote on ballot questions approved by Tribal Council.”
Section 161-9(c) describes the processes by which a referendum can be initiated. There are two ways – it can be by a resolution of Dinilawigi (Tribal Council) or by a petition of a tribal member requesting Dinialwigi to authorize one. Petition signatures of at least 25 percent of registered EBCI voters are required to authorize a referendum “on a proposed ordinance or action by the Tribal Council or Principal Chief” and 33 percent is required “on a proposed change to the Charter and Governing Document”.
These amounts were established with the passage of Ord. No. 408 on Dec. 19, 2018.
Referendums require a minimum amount of voter participation. Section 161-9(c)(8) states, “(a) Not less than 51 percent of registered voters must vote in a referendum/initiative election on a proposed amendment to the Charter or Governing Document or the election is deemed void. (b) Not less than 30 percent of registered voters must vote in a referendum/initiative election to answer a question on a ballot question or the election is deemed void. No decision approved or denied by the voters on an issue shall be reconsidered by Tribal Council for two years.”
These amounts were also established by Ord. No. 408.
The binding nature of a referendum vote is discussed in Section 161-9(c)(11) which states, “The outcome of the referendum vote, if it has first met the minimum threshold of voters, shall be certified by the Board of Elections and sent to Tribal Council for further action.”
