§ 72. Requests for Absentee Ballots Generally

Cite as: 26 CNCA § 72

Any Registered Voter of the Cherokee Nation may request an Absentee Ballot from the Election Commission. The request shall be in writing, submitted on a form prescribed by the Election Commission, shall contain an unsworn declaration under penalty of perjury, and shall contain the following Registered Voter’s information:

1. Name;

2. Date of birth;

3. Address of the Registered Voter;

4. Cherokee Nation Citizenship Registration Number; and

5. Handwritten signature of the Registered Voter or copy of original signature.

Provided that if the Cherokee Nation Citizenship Registration Number is not provided with the request and there is sufficient information on the Absentee Ballot Request Application to identify the person as a Registered Voter, the request application shall be processed. All applications without sufficient information to clearly identify the Registered Voter shall be returned to the applicant for additional information. Any absentee ballot request application signed by a person other than the Registered Voter shall be marked as invalid and shall be referred to the Attorney General of the Cherokee Nation for prosecution as applicable. An absentee ballot request application may not direct that the absentee ballot be mailed to any Candidate or address used by any Candidate or the Candidate's campaign, except for an individual absentee ballot requested by a Candidate or members of the Candidate's household as Registered Voter(s). Forgery or unauthorized alteration on an Absentee Ballot request is a crime, punishable by imprisonment for not more than two (2) years or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment, per offense.

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.