By SCOTT MCKIE B.P./One Feather Asst. Editor and BROOKLYN BROWN/One Feather Reporter
CHEROKEE, N.C. – The EBCI (Eastern Band of Cherokee Indians) Board of Elections has submitted an ordinance that would remove a section from the tribe’s election law regarding requirements for filing for candidacy. Ord. No. 21 (2025) was deemed read and tabled during the Annual Dinilawigi (Tribal Council) session on Tuesday, Oct. 21, 2025.
It seeks to remove the entirety of subsection (3) of Section 161-3(d) which starts, “No person shall ever be eligible to run for or serve in any of the above Tribal Offices, if: (3) The person has been impeached and removed by the Tribal Council from any elected office or appointed office, for having violated his or her oath of office or being guilty of any offense making the person ineligible to hold said office.”
This change was spurred by a recent decision of the Cherokee Supreme Court.
On the morning of July 10, 2025 in Cherokee Tribal Court, the Cherokee Supreme Court reversed the decision of the Cherokee Board of Elections to disqualify Patrick Henry Lambert from candidacy in the 2025 Tsisqwohi (Birdtown) Dinilawigi (Tribal Council) election.
Lambert, who was impeached from his position as Ugvwiyuhi (Principal Chief) of the (EBCI) in 2017, filed for candidacy for the 2025 Tsisqwohi (Birdtown) Dinilawigi (Tribal Council) election. The Board would find Lambert ineligible for candidacy based on his 2017 impeachment as stated in the appellee brief, “It appeared to the Board that Mr. Lambert would be ineligible to be a candidate due to his previous impeachment and removal from Tribal office in 2017 (Resolution No. 596 (2017)).”
During the July 10 hearing, Lambert argued that Sec. 161-3(d)(3) violates the EBCI Charter & Governing Document Section 9 which reads, “In order to run for or serve as Principal Chief, Vice-Chief or Tribal Council member, a candidate must be an enrolled member of the Eastern Band. For the offices of Chief and Vice-Chief a candidate must also be at least thirty-five years of age by the date of the election and have resided on Cherokee trust lands continuously for at least two years immediately preceding the date of the election. For the Tribal Council a candidate must be at least eighteen years of age by the date of election and have resided in the township which he is to represent for at least ninety days immediately preceding the date of the election.”
He noted that day, “Cherokee Code Section 161-3(d)(3) violates Charter Section 9’s exclusive criteria: enrollment, age, and residency, all of which I indisputably meet. This is not just about my candidacy, it’s about protecting the voice of every Cherokee voter. I ask this court to reverse the Board’s error, declare Cherokee Code Section 161-3(d)(3) void, and certify my candidacy, ensuring that the peoples’ will prevails.”
The Cherokee Supreme Court order announcing the reversal of the Board of Elections decision to deny Lambert’s candidacy allowed him on the ballot as a candidate for Tsisqwohi.
Ord. No. 21 has to set for 25 days before it can be acted upon with the next date it will likely be on the Dinilawigi agenda being the December 2025 session.
