§ 52. Electioneering

Cite as: 26 CNCA § 52

A. Electioneering Near Polling Area: No person shall be allowed to electioneer inside any Precinct or within three hundred (300) feet outside of the entrance to any Precinct while an election is in progress, nor shall any person or persons, except Precinct Officials and other persons authorized by law, be allowed to approach the Ballot Box while an election is in progress. Prohibited activities within the prescribed area by a Candidate or other persons on Election Day which might reasonably be construed as electioneering shall include the following: wearing any article of clothing with any Candidate's name or office on it or holding any article with any Candidate's name or office on it; or distribution or display of any written materials, campaign literature or campaign items of any kind or nature within the prescribed area, other than that provided by the Election Commission.

B. Obstructing or Impeding Voter Access to Polling Place: No person shall be allowed to impede or obstruct voters attempting to access polling places while an election is in progress, including, but not limited to, by obstructing or impeding any entrances or exits utilized by vehicles occupied by voters traveling to or traveling from the polling place.

C. Enforcement, Notice to Law Enforcement and Regulations: Persons engaged in the conduct described in subsections A and B above, shall be subject to removal by local law enforcement and/or the Cherokee Nation Marshal Service at the request of the appropriate official, including but not limited to any Precinct Official. The Election Commission shall notify appropriate law enforcement departments of the provisions set forth in § 52(A) and § 52(B) of this Title.

D. Employee Solicitation: Use of official website of the Cherokee Nation, the Cherokee Nation intranet, Cherokee Nation office equipment, employee address list, office phone extensions or Cherokee Nation cell phones, or the use of any property owned by the Cherokee Nation or its entities for political purposes is prohibited. Any Candidate, other person, corporation or legal entity that violates this section shall be assessed a five hundred dollars ($500) civil penalty per violation.

E. Criminal Sanctions. Any Candidate or other person who is an Indian who has violated any requirement or prohibition in § 52 of this Title shall be guilty of a crime.

Historical Data

LA 06–10, eff. February 23, 2010. Amended LA 46–12, eff. December 17, 2012; LA 04–14, eff. February 19, 2014; LA 12–16, eff. May 18, 2016. Amended LA 22-20, eff. October 13, 2020. Amended LA 14-22, eff. May 16, 2022. Amended LA 20-26, eff. June 11, 2026.