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April 13, 2009

Anonymous The Tahlequah Daily Press Mon Apr 13, 2009, 10:45 AM CDT

Editor, Daily Press:

This is in response to the April 1 letter, “Keep tribal term limits.”

I sponsored two ballot issues for the regular 2011 Cherokee election. One question is to eliminate term limits for the executive branch: the chief and deputy chief. The other is to eliminate term limits for the legislative branch: the Tribal Council.

In the current 1999-2003 Cherokee Nation Constitution, both branches have a maximum of two terms or eight years. Chief Smith filed a lawsuit, asking the Cherokee courts to decide whether term limits began in 2003 or 2007. The court case decides the timing of the existing term limits and not the ballot issue.

The Cherokee attorney general issued a decision determining term limits did not begin until the 2007 term, since the constitution was not implemented until mid-term 2003-2007, and no Cherokee law can be retroactive. The people voted on the constitution in the 2003 runoff election.

Many folks across the tribe were not happy with the all-or-nothing constitution and asked me to bring forward several ballot issues. The term limit issue took more than six months to pass, while other amendments did not make it out of committee. In addition, a ballot issue to amend the constitution regarding replacement of council members has already been placed on the 2011 ballot by the council.

If the courts decide that I and others elected in 2003 are term-limited out this term, I and others are unable to run for our current seats in 2011. If the courts decide term limits did not begin until 2007, everyone is eligible to run in 2011. Regardless of the court’s decision, the people will decide term limits. The regular election ballot does not interfere with the Cherokee courts.

If you have questions, issues or concerns about this issue, please e-mail me at cara@caracowan.com or write me at P.O. Box 2922, Claremore, Okla. 74018.

Cara Cowan Watts, District 7

Cherokee Nation Tribal Council

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