By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Voters of the Eastern Band of Cherokee Indians (EBCI) will be able to have their voices heard regarding the future of the Tribe’s effort towards a constitution in March 2026. During an Annual Council session on Tuesday, Oct. 21, 2025, Dinilawigi (Tribal Council) approved Res. No. 23 (2025) that sets the referendum “on or before March 20, 2026”.
The question approved is as follows:
- 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.
The whereas section of the legislation states in part, “The EBCI Constitution Committee was charged with evaluating the Charter and Governing Document, potential changes to this document, and how best to address any such changes.”
Res. No. 23 was submitted by EBCI Attorney General Michael McConnell who said prior to the vote, “There is a question about which direction to go – whether change the Charter bit by bit or do a wholesale repeal and replace. We can talk about the benefits of each, the disadvantages of each, but the resolution itself just asks for the public to weigh in on the question.”
Dinilawigi Vice Chairman David Wolfe said, “We had discussion on this with Constitution Committee member Lloyd Arneach (Jr.), and he said the Constitution Committee was kind of stuck on which way to go as a Committee and how to proceed, and some of the Committee members have asked what are their options.”
Wayohi Rep. Bo Crowe and Aniwodihi (Painttown) Rep. Shannon Swimmer both inquired what would happen if not enough voters showed up for the referendum to be valid.
Cherokee Code Sec. 161-9(c)(8b) 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. No decision approved or denied by the voters on an issue shall be reconsidered by Tribal Council for two years.”
During Tuesday’s debate, Rep. Swimmer noted, “If we don’t have the percentage that’s required by the Code, then they’re still in the same situation that they’re in right now of being stuck without any way to move forward.”
Attorney General McConnell responded, “No, you’re right, but there are many ways to get over being stuck…this is requesting an expression of preference. This would not make law. This would not change any ordinances. It’s an opinion.”
He added, “It’s possible that the referendum would not meet the required percentage in which case you say ‘we have not received a full expression of opinion and so, therefore, we have to find a different way to determine how to move forward’.”
Tutiyi/Tsalagi Gadugi (Snowbird/Cherokee County) Rep. Adam Wachacha said he would prefer amending the current Charter – an idea shared by some of his constituents. “With the constitution, they felt like it was reinventing the wheel. We have a current governing document, and I think that the packet that was proposed last time, they felt like it was too big. I’m just sharing some of the conversations I’ve had.
One of the things that I think would help is that if we did referendums to change the Charter to strengthen the Charter to answer some of the questions that are out there. One in particular is we operate as a three-branch government, but in the Charter we’re only listing two (Executive, Legislative).”
Rep. Wachacha said the referendum proposed in Res. No. 23 would help provide guidance for the effort, and he made the motion to pass which was seconded by Vice Chairman Wolfe.
Voting on Res. No. 23 was as follows: For – Dinilawigi Chairman Jim Owle, Dinilawigi Vice Chairman David Wolfe, Wayohi Rep. Bo Crowe, Tutiyi/Tsalagi Gadugi Rep. Adam Wachacha, Tsisqwohi (Birdtown) Rep. Boyd Owle, Tutiyi/Tsalagi Gadugi Rep. Michael Smoker; Against – Aniwodihi Rep. Shannon Swimmer, Aniwodihi Rep. Michael Stamper; Absent – Elawodihi (Yellowhill) Rep. Shennell Feather, Kolanvyi (Big Cove) Rep. Lavita Hill, Kolanvyi Rep. Venita Wolfe, and Wayohi Rep. Mike Parker.
