35 questions the UKB Tribal Council should answer before candidate filing opens Aug. 3

By Staff Reports

TAHLEQUAH, Oklahoma., — Before Members begin filing, questions remain about the law they will campaign under, vote under and, if elected, govern under.

The law’s official title is the United Keetoowah Band of Cherokee Indians in Oklahoma Election Ordinance of 2025, adopted by Council Resolution 25-UKB-132. It covers the offices of Chief, Assistant Chief, Secretary, Treasurer and District Representative.

The UKB Election Board did not write the law. Section 201 states that “The Election Board shall be an independent and autonomous agency” of the Band. The Board’s job is to run the election under the law the Council passed. Responsibility for what the law says rests with the Council that voted for it.

The ordinance does not name filing dates. Section 503 sets a formula: candidates file in person with the Election Board starting at 9 a.m. on the first business day of August and ending at 6 p.m. on the 10th business day of August. This year, Aug. 1 falls on a Saturday. Under the formula, filing opens Monday, Aug. 3, and closes at 6 p.m. Friday, Aug. 14. The count assumes tribal offices stay open every weekday in that stretch. The Election Board’s official election notice will confirm the dates.

The questions below arise from a review of the Election Ordinance alongside the UKB Constitution, Corporate Charter, Courts Act, Appellate Procedure Act and Justice Department Act. They are questions the Council should answer before filing opens.

THE NAME OF THE LAW

1. Section 101 calls this law the “United Keetoowah Band of Cherokee Indians in Oklahoma Election Ordinance of 2022.” The Council passed it in 2025. How did a law passed in 2025 name itself a 2022 law? Who reviewed the final version before the vote?

WHO COUNTS AS A MEMBER

2. The UKB Constitution begins, “We, the members of the United Keetoowah Band.” The ordinance uses a different term. Section 104 defines an “Exclusive Member” as a Tribal Member who can prove one-quarter degree or more of Cherokee Indian blood and who is not enrolled in any other tribe. Why did the Council replace the Constitution’s term with a new one?

3. The same section then defines “Member” to mean only Exclusive Members. How does the Council believe defining “Member” as “Exclusive Member” is consistent with the rights of Members recognized by the UKB Constitution?

4. If that authority comes from the Enrollment Ordinance, why does the Election Ordinance not explain that connection?

5. If some currently enrolled Members do not meet the ordinance’s definition of an Exclusive Member, does the Council believe those Members remain eligible to vote?

6. How many current Members would be affected by the Exclusive Member requirement?

7. How many Members who voted in the last tribal election would not qualify under the new definition? If the answer is zero, will the Council publish the numbers?

PROVING ELIGIBILITY AT THE POLLS

8. Does the Council intend to require voters to prove Exclusive Member status before receiving a ballot?

9. Will Members need to show a Certificate of Degree of Indian Blood card or other enrollment record at the polls?

10. If not, how will election workers decide who qualifies?

11. Where does the ordinance explain those steps?

THE ELECTION BOARD

12. Section 201 states, “The Election Board shall be an independent and autonomous agency.” The same ordinance provides that the Council appoints the Board, activates it, funds it and approves its budget. What legal meaning does “independent and autonomous” have under those conditions?

13. Section 204 sets Board terms that begin in 2026, a year after the law passed. Why was the delay not explained?

CAMPAIGNING RULES

14. Section 103 lists one purpose of the law: to prevent campaigning on tribal property, “excluding private residences and excluding the tribal newspaper.” Why is the tribal newspaper exempt while no similar exception exists for other publications?

15. The ordinance also sets a campaign-free zone around polling places. What purpose does the broader ban on tribal property serve in addition to that zone?

THE COURTS

16. The UKB Courts Act of 2022 and the UKB Appellate Procedure Act of 2022 already establish the tribal court system. Why does the Election Ordinance not clearly explain how election disputes move through those courts?

17. The ordinance assigns the Attorney General to represent tribal officials in election matters. What happens if two officials end up on opposite sides of the same case? Where does the ordinance address that conflict?

CONFLICTS INSIDE THE LAW

18. Section 301 requires a runoff when no candidate wins a majority of the vote. Section 807 is titled “Run-Off Election In Event of a Tie” but also covers majority elections. Which section controls if the two conflict?

19. Section 208 refers to a “Secretary” and a “Secretary-Treasurer.” Are those the same office?

THE FREEZE ON CHANGES

20. Section 102 says nothing in the ordinance can be changed from the day candidate filing opens until the election results are certified. If corrections are needed, why were they not made before filing?

REVIEW BEFORE PASSAGE

21. Who performed the final legal review before the law passed?

22. Did every Council member receive the final version before voting?

23. Did the Council compare the ordinance to the UKB Constitution section by section?

24. Did the Council compare it to the Corporate Charter? Section 1(a) of the Charter states one purpose of the Band is “to define and safeguard the rights and powers of the United Keetoowah Band of Cherokee Indians in Oklahoma and its members.”

25. Did the Council check the ordinance against the Courts Act, the Appellate Procedure Act and the Justice Department Act to make sure they work together?

26. Why did the Council repeal the previous election law instead of amending only the sections that needed it?

27. Was the ordinance released to Members for review before it was adopted?

28. Did the Council explain the changes to Members before the vote?

29. Did the Election Board provide comments or recommendations during the drafting process? If so, which recommendations were accepted and which were rejected?

30. The enacted ordinance includes a title identifying itself as the “Election Ordinance of 2022,” duplicate subsection lettering, inconsistent terminology, and other drafting irregularities. How did those remain in the version the Council enacted?

TIMING

31. If the Council believes parts of the ordinance need correction after this election, when did it first learn corrections were needed?

32. If corrections are needed, why are Members being asked to file for office under rules that may change after the election?

33. Does the Council believe election rules should be settled before candidate filing opens?

34. The Constitution begins with the Members. The Charter’s first stated purpose is to define and safeguard their rights. How does the Council believe this ordinance meets those obligations?

35. The Constitution opens with “We, the members of the United Keetoowah Band,” and Article III, Section 1 states an objective of the Band is “to secure for its members the benefits, rights, privileges and powers” provided under the Oklahoma Indian Welfare Act. If an enrolled Member cannot vote under this ordinance because he or she does not qualify as an “Exclusive Member,” how does the Council believe that result is consistent with the Constitution?

Once candidate filing opens, Section 102 prohibits changes to the ordinance until the election results are certified.

---

Sources:

• United Keetoowah Band Election Ordinance of 2025

• Constitution and Bylaws of the United Keetoowah Band of Cherokee Indians in Oklahoma (1950)

• Corporate Charter of the United Keetoowah Band of Cherokee Indians in Oklahoma (1950)

• UKB Courts Act of 2022

• UKB Appellate Procedure Act of 2022

• UKB Justice Department Act of 2022