By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – A referendum that was approved in October regarding opinions on the future of the work being done on a constitution for the Eastern Band of Cherokee Indians (EBCI) will not occur. The referendum, originally approved with the passage of Res. No 23 during a Dinilawigi session on Oct. 21, was cancelled with the passage of Res. No. 65 during a Dinilawigi session on Thursday, Dec. 4 which rescinded Res. No. 23.
Res. No. 23 (2025) set a referendum for March 2026 to address the following:
- Which of the following statements best describes your opinion about changes to the EBCI Charter and Governing Document? (pick one)
- The Charter and Governing Document should be replaced entirely with a new constitution document, as presented by the Constitution Committee, which is voted on by tribal voters.
- The Charter and Governing Document should be amended in sections with each amendment, as presented by the Constitution Committee, voted on by tribal voters.
Res. No. 65 was submitted by Mary “Missy” Crowe, an EBCI tribal elder from Elawodi (Yellowhill). During discussion on the legislation on Thursday, she commented, “I’m all for our people to have a voice and a say, especially when it comes to important issues like this.”
She brought up the fact that Res. No. 23 was passed with four Dinilawigi representatives away on official business including: Kolanvyi (Big Cove) Reps. Lavita Hill and Venita Wolfe, Elawodi Rep. Shennelle Feather, and Wayohi (Wolftown) Rep. Mike Parker.
Crowe said, “We’ve been discussing this constitution for over six years. And, prior to July of 2023 we had the opportunity to have a vote on a governing document and Tribal Council rescinded that for us to actually have a vote, a say on a true governing document. So, my concern is that a referendum, I feel, needs to be held on a document. Opinions – everybody has them. But we have to look at other avenues to ensure that our community members have that opportunity, which they do.”
Nancy Pheasant was appointed the Constitution Committee chairperson recently. She spoke on the legislation on Thursday saying, “I commend the Yellowhill Community for having active conversations in their community meetings about the constitution. Because, as you guys are all fully aware, this constitution has been an issue for the last, I would almost say, not 10 years, but we’re looking 20, 30, 40, even 50 years back in our history. So, this should be considered a priority on everyone’s list.”
She encouraged the community to have their voices heard on the constitution. “All the Constitution Committee meetings are open to the public and in our policies, prior to me even stepping in as a representative on the Constitution Committee itself, they had already established in their policies that the first thirty minutes of every meeting is open to where anybody can come in and have at least a five minute period to express their opinions. To come in and ask those important questions. To find out what the Constitution Committee is actually doing.”
Pheasant said that prior to Res. No. 23 being passed that originally approved the referendum, the Constitution Committee had already decided which direction to take. “We have been moving progressively along toward coming up with a document or a draft to bring to Tribal Council prior to a referendum going out to the people for it to be voted on…in our meeting in October, prior to the resolution going out for this opinion referendum, the Constitution Committee had already made that vote and made that decision on where we were going to start. We had planned on using the draft that was pulled from the last referendum.
We were planning on making those amendments that are necessary to bring that document up to what the people have voiced to the Constitution Committee itself as to what they wanted. As well as not just replace the Charter, we’re also working, and have been continually working on combining what’s already established in the Charter with a constitution. So it’s not just a Charter, and it’s not just a constitution, it’s a marrying of the two documents to ensure that everybody is represented.”
Aniwodihi (Painttown) Rep. Shannon Swimmer has been involved in the work on the constitution for awhile. “This is the third capacity now that I’ve had on the Constitution Committee because I worked with them when I was at the court. So, from the judicial side, and then from the community club side, and now from Tribal Council’s side and being able to look at it from all three different lenses. I still believe in this constitution, and I believe in the work that has been done thus far. I don’t agree with kicking it further down the road. As Nancy has pointed out, these meetings have been open to the community for at least the last eight or nine years that I’ve been working on it. They used to meet every Monday over at the EOC building. Those meetings were open to the public. It was advertised in the One Feather. It was on Facebook. And it’s up to the people to come out and voice their opinions.”
Cherokee Code Section 161-9(c)(8)(b) states, “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.”
When advocating for passage of her legislation, Crowe questioned the cost and feasibility of having a stand-alone referendum outside of a regular tribal election cycle. “A referendum does cost a lot of money. It also requires 30 percent of voters to cast their votes to even be acknowledged. So, that’s not a guarantee.”
Rep. Swimmer, who is part of the current Constitution Committee, agreed and pointed to the 2027 tribal election that will include Dinilawigi on the ballot as well as Ugvwiyuhi (Principal Chief) and Taline Ugvwiyu (Vice Chief). “I think that would be the perfect time to have at least a part, if not all, of the constitution up for a referendum vote. So, I think that’s what we need to focus on. We need to focus on getting all or at least large portions of it up for a vote at the Chief’s election so that we’re guaranteed to meet that 30 percent threshold.”
Rep. Feather, who also serves on the Constitution Committee, commented, “I do agree that we need a constitution and it is a priority for me. I would like for us to really get in and work together on this and figure out what’s the next steps to move forward together.”
Res. No. 65 passed unanimously.
