Jun. 7—Early walk-in voting for Cherokee Nation tribal citizens taking part in a constitutionally required special election begins Saturday, June 8, and continues Tuesday, Wednesday and Thursday, June 11-13, in Tahlequah.

The vote comes once every 20 years to decide whether to call a Constitution Convention. An in-person vote at local polls will be Saturday, June 15.

Tribal Council members and Principal Chief Chuck Hoskin Jr. all indicate they plan to vote “no.”

“This election is perhaps the most important in a generation,” said Hoskin said in a prepared news release. “The Cherokee people deserve to know why we will be voting no on June 15, but I also want them to know we respect opposing views and will respect the results of the election, of course.”

Hoskin said the approach he is taking is “if it’s not broke, don’t fix it.”

Council Speaker Mike Shambaugh said he wanted to reassure Cherokee voters.

“If the Cherokee people vote in favor of a convention, we will all work together to fulfill that mandate,” he said.

Voters wanting to cast early ballots will need to travel to the Cherokee Nation capital in Tahlequah. Marcus Fears, Cherokee Election Commission administrator, confirmed there is only one early walk-in voting location in the 7,000-square-mile reservation/tribal jurisdiction: the Cherokee Election Commission office at 17763 S. Muskogee Ave. The deadline for requesting absentee ballots has passed.

In-person voting at regular polling places is Saturday, June 15, 7 a.m. to 7 p.m. Information on exact polling locations for the June 15 special election and other information is available at the tribe’s website, Cherokee.org or by contacting the election commission at 918-458-5899 or election-commission@cherokee.org.

Article XV, Sections 2 and 9 of the Cherokee Constitution states the question of whether to call a Constitutional Convention to propose adopting amendments, revisions, alterations or a new constitution shall be submitted to voters of the Cherokee Nation at least once every 20 years.

Shambaugh is one of the 16 tribal councilors who joined Hoskin in an open letter calling for a “no” vote.

The District 9 councilor, who serves a large portion of Delaware County, said calling a constitutional convention at this time is unnecessary.

“There are other less risky and less expensive ways for the Cherokee people to amend the constitution should they see fit,” he said. “Our government is working. We are balanced, transparent and we get things done.”

In response to the Claremore Progress Survey, Shambaugh said the landmark Supreme Court ruling on the McGirt case “is but one example of how our constitution is almost timeless even as our times change and our nation grows.”

“The obligations and opportunities presented by the McGirt case is a prime example of this. That 2020 Supreme Court case resulted in the dramatic expansion of Cherokee Nation’s criminal justice system. Even though our constitution was written 21 years before McGirt, the framers wisely included a Bill of Rights. Article III of our constitution includes, among other things, protection for civil liberties, safeguards against government overreach, the right to a speedy trial and the right to counsel for indigent defendants,” Shambaugh said.

Councilor Dora Patzkowski, District 12, and the third-ranking council leader, echoed these objections. She represents the northwestern corner of Rogers County, along with Washington and Nowata counties and a portion of Tulsa County.

“The Cherokee people already have the ability to change the constitution as needed through initiative petition or referendum,” said Patzkowski. “Why would we potentially undo our entire constitution when we have a governing document that continues to work? Our constitution has served us so well, even through dramatic periods of growth and the expansion of our tribal sovereignty.”

At-large Councilor Johnny Kidwell, from Tulsa, did not sign on to the open letter, but confirmed he will be voting “no.” He wants to “make it clear” he is not instructing others on how to vote.

“I have had several citizens reach out for information and my thoughts on the upcoming referendum question. As an elected official, I want to make it clear that I am not instructing others on how to vote, but rather sharing my voting intentions as an at-large citizen,” Kidwell said in the Progress survey. “I will be voting ‘no’ on the referendum question of whether or not to call a full constitutional convention. Our current constitution — in Article XV — expressly provides mechanism to make constitutional changes. Simply put, changes can already be proposed and are required to be approved or rejected by the Cherokee people at the polls. Our current constitution continues to serve the Cherokee people well and as intended, and any proposed changes now and in the future are best handled per Article XV. As a proud member of the Council, I am committed to diligently performing the duties of my office in whichever direction the Cherokee people decide.”

Other area district councilors — Kevin Easley Jr., Claremore; Danny Callison, Pryor; and Joe Deere, Catoosa — also said they will be voting no and encourage others to join them in voting to forego a constitutional convention at this time.

“I respect all our people’s opinions, and it is OK not to always agree with one another. I will personally be voting ‘no’ on this ballot measure but stand ready to perform my duties as a member of the Tribal Council if a majority of Cherokee voters see things differently,” Callison said. “Throughout my life, I’ve used Cherokee Nation services. I’ve voted, used CN health services, and my kids benefited from many educational opportunities, and even started their careers with the Nation.”

After 42 years as an educator, and now as a councilor, Callison said he is seeing how the Nation can care for people in many more ways than he ever imagined.

“I will be voting ‘no’ because I believe our constitution has done its job, and even though it is not perfect, there are checks and balances within the constitution that ensure the rights of our citizens are protected. The Cherokee Nation has come a long way since our current constitution became effective in [2004]. Starting over because of a few minor issues that some people have with this important document is not worth it,” Callison stated in the Progress survey.

Easley, one of the newest Council members, said he will be voting “no.”

“Although nothing is perfect — and I’m sure we could all find room for improvement here and there — our current constitution is well-written in the protections it provides to our citizens and the checks and balances it implements on our government — one of those protections being this vote on a constitutional convention once every 20 years,” Easley said. “That’s not to say that in the next 20 years we may need to conduct one, but at this time, I emphatically believe that we do not.

Easley said the Cherokee Nation has experienced a time of unprecedented accomplishments and success regarding human services, housing, health care, education, language preservation, infrastructure within the reservation, and so much more.

“We are heading in the right direction and the potential negatives of a convention far out way the positives at this time,” Easley said. “For that reason, I am voting no.”

If voters approve, a convention of delegates appointed by the tribe’s three branches of government would convene later this year with the authority to make changes to the tribe’s constitution and send the new draft constitution to voters for an up or down vote.

In February and March, the Council extensively discussed, debated and ultimately approved the constitutional convention ballot question, as well as a statute to guide a possible convention. Cherokee Nation announced the June 15 special election in a press release on March 12, one day after the Council acted.

According to a memorandum dated May 6, 2024, by Cherokee Nation’s Secretary of State Shella Bowlin, the total approximate cost of the special election, a constitutional convention and a ratification election will be $1,014,531, of which $814,531 is estimated for the convention and ratification election, if voters approve the question on June 15.