2019 Cherokee Nation principal chief election

The 2019 Cherokee Nation of Oklahoma principal chief election was held on Saturday, June 1, 2019. Former Cherokee Nation Secretary of State Chuck Hoskin, Jr. defeated Tribal Councilman Dick Lay in the election.[1][2]

Cherokee Nation principal chief election, 2019
June 1, 2019 (2019-06-01)
Candidate Chuck Hoskin, Jr. Dick Lay David Walkingstick
(disqualified)
Running mate Bryan Warner none Meredith Frailey
Popular vote 7,933 3,856 2,006
Percentage 57.51% 27.95% 14.54%
Principal Chief before election

Bill John Baker

 Elected Principal Chief

Chuck Hoskin, Jr.

A third candidate, Tribal Councilman David Walkingstick, also appeared on the ballot, but was disqualified due to campaign finance violations days before the election.[3][4][5] Rhonda Brown-Fleming, the first Cherokee Freedman descendant to run for principal chief, was disqualified in March after the Cherokee Nation Supreme Court ruled she did not meet tribal residency requirements.[6] Federal courts affirmed the decision just before the election.[7]

The principal chief is the chief executive of the Cherokee Nation. Incumbent Principal Chief Bill John Baker was unable to seek re-election in 2019 due to term limits.[8]

Election results

Hoskin won the election with 57.93% of the vote. Lay received 27.34% while Walkingstick, whose name was on ballot but was disqualified after absentee and early voting had begun, took 14.73%.[9] Despite being disqualified, votes for Walkingstick were tallied to determine whether or not a runoff would be needed. Nearly 14,000 ballots were cast in the election. In the race for Deputy Chief, Brian Warner defeated former Tribal Council Speaker Meredith Frailey 58.88% to 41.12%.[10] (Although candidates for principal chief and deputy chief run together, they are voted upon separately.)

Controversies

Walkingstick controversy

Cherokee Nation elections are officially non-partisan, but the 2019 elections had heavy partisan overtones, with Walkingstick criticizing Hoskin and incumbent Baker's ties to the Democratic Party and calling for the Cherokee Nation to distance itself from Democrats.[11] Walkingstick had early in the campaign expressed concerns about oversight, and called for federal officials to monitor the 2019 elections.[12]

Despite Cherokee law allowing campaign contributions only from individuals, a political action committee, Cherokees for Change LLC, was established by one of Walkingstick's campaign associates. Cherokees for Change argued that its funding and actions were allowed following the U.S. Supreme Court's ruling in Citizens United v. FEC.[13] The Cherokee Nation Election Commission disagreed and on May 6 ordered Cherokees for Change to cease its efforts to influence the election, which it determined to be in violation of tribal law.[14] Although Walkingstick claimed no coordination existed between the PAC and his campaign, election officials determined he had violated tribal law and accepted donations from corporate entities on May 17.[15] Walkingstick was disqualified from the election, although his name remained on the ballot. The Cherokee Supreme Court upheld the disqualification on May 29.[11] Walkingstick subsequently threw his support behind Lay.[4] Because Walkingstick was disqualified at such a late date, his name remained on the ballot; however, votes cast for him were not counted.[11][16]

Cherokee Futures LLC

During the 2019 election, Cherokee Future LLC was an Oklahoma Domestic Limited Liability Company owned by Chuck Hoskin Sr, the father of then Principal Chief Candidate Chuck Hoskin Jr and registered to an empty lot in Hoskin's home town of Vinta.[17] The Hoskin/Warner campaign and several tribal council candidates showed significant spending of their campaign budget to the Cherokee Future. The Hoskin/Warner campaign reported $574,016.42 as miscellaneous campaign expenditures going to Cherokee Future LLC. And of that amount, $375,000 is noted as consultant fees, while the advertisement expenditure for the first two financial reporting periods was $7,499.[18] Despite numerous complaints filed with the Cherokee Nation Election Commission, no action was taken by the Election Commission. Ultimately, the Election Commission's lack of action led to a twin lawsuit before the Cherokee Nation Supreme Court, Lay v CN Election Commission and Frailey v CN Election Commission.[19]Ultimately the twin suits were unsuccessful in overturning the election.

Challenge to results

Following the June 1 election, Lay and Frailey petitioned the Cherokee Nation Supreme Court to set aside the results and to order a new election.[20] The petitioners accused the winning candidates of accepting illegal in-kind contributions and other campaign finance violations;[21] however, the Cherokee Supreme Court found the complaints to be without merit.[22]

2019 Eastern Band of Cherokee elections

The Eastern Band of Cherokee Indians, a separate federally recognized tribe, also will hold elections for principal chief on September 5, 2019. Incumbent Principal Chief Richard Sneed was elected to his first full-term,[23] having been elevated from Vice Chief in 2017 following the impeachment of then Principal Chief Patrick Lambert. Sneed and former Tribal Council Member Teresa McCoy, who was originally denied certification to run,[24] advanced from the June primary to face off in the September general election, which Sneed won.[25]

References
  1. Rowley, D. Sean (June 2, 2019). "Hoskin wins Cherokee Nation principal chief race". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved June 2, 2019.
  2. "Cherokee Nation leadership election set for Saturday". Oklahoma City, Oklahoma: Associated Press. May 31, 2019. Retrieved June 1, 2019.
  3. Hunter, Chad (May 17, 2019). "Walkingstick disqualified from Cherokee Nation chief's race". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved May 20, 2019.
  4. "A 'stolen' election? Cherokee Nation proceeds to vote without candidate David Walkingstick". Indianz.com. May 29, 2019. Retrieved June 1, 2019.
  5. Crawford, Grant D. (May 24, 2019). "Court delays Walkingstick decision". Tahlequah Daily Press. Tahlequah, Oklahoma. Retrieved June 1, 2019.
  6. Brown, Denieca (May 22, 2019). "Disqualification of 1st Black Cherokee chief candidate reignites racism debate". Rolling Out. Atlanta, Georgia. Retrieved June 1, 2019.
  7. Hunter, Chad (May 31, 2019). "Federal judge nixes Brown's case to rejoin chief race". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved June 1, 2019.
  8. Dekker, Michael (October 31, 2018). "Cherokee Supreme Court rules chief can't seek a third consecutive term". Tulsa World. Tulsa, Oklahoma. Retrieved May 20, 2019.
  9. Rowley, D. Sean (June 2, 2019). "Hoskin wins Cherokee Nation principal chief race". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved June 2, 2019.
  10. Krehbiel-Burton, Lenzy (June 2, 2019). "Ballot counting continues into the night in Cherokee chief's race". Tulsa World. Tulsa, Oklahoma. Retrieved June 2, 2019.
  11. Brewer, Graham Lee (May 29, 2019). "The Cherokee Nation's next chief will have a big footprint in Indian Country". High Country News. Paonia, Colorado. Retrieved June 1, 2019.
  12. Hunter, Chad (April 4, 2019). "Walkingstick, Hoskin disagree over federalizing Cherokee election". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved June 1, 2019.
  13. Krehbiel-Burton, Lenzy (May 17, 2019). "Does Citizens United apply to Cherokee elections? Candidates for chief weigh in on this and other issues at televised forum". Tulsa World. Tulsa, Oklahoma. Retrieved June 1, 2019.
  14. Jones, Corey (May 7, 2019). "Cherokee Nation Election Commission orders halt to campaigning by corporation founded by principal chief candidate's former campaign consultant". Tulsa World. Tulsa, Oklahoma. Retrieved June 1, 2019.
  15. Jones, Corey (May 18, 2019). "David Walkingstick disqualified from Cherokee chief election". Tulsa World. Tulsa, Oklahoma. Retrieved June 1, 2019.
  16. Hunter, Chad (May 31, 2019). "Notices regarding disqualified candidates to be posted at voting sites". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved June 1, 2019.
  17. "Cherokee Future, LLC in Vinita, OK | Company Info & Reviews". Bizapedia.com. Retrieved 2020-12-03.
  18. [email protected], Grant D. Crawford. "CN 'citizen' claims Hoskin, Warner broke election law". Tahlequah Daily Press. Retrieved 2020-12-03.
  19. "SC-2017-01 to current". www.cherokeecourts.org. Retrieved 2020-12-03.
  20. Jones, Corey (June 10, 2019). "New Cherokee Nation election sought as petition alleges campaign violations from Hoskin Jr., Warner". Tulsa World. Tulsa, Oklahoma. Retrieved June 11, 2019.
  21. Rowley, D. Sean (June 11, 2019). "UPDATE: Hoskin, Warner and Deere face Supreme Court appeals". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved June 11, 2019.
  22. Rowley, D. Sean (June 19, 2019). "UPDATE: Cherokee Nation Supreme Court Dismisses Lay, Frailey Election Appeals". Cherokee Phoenix. Tahlequah, Oklahoma. Retrieved June 20, 2019.
  23. McKie, Scott (September 6, 2019). "Incumbents dominate EBCI tribal election". One Feather. Cherokee, North Carolina. Retrieved September 11, 2019.
  24. "McCoy Once More a Candidate for Principal Chief". Smoky Mountain News. Waynesville, North Carolina. May 1, 2019. Retrieved June 9, 2019.
  25. Kays, Holly (June 7, 2019). "Primary Election Results Return to Cherokee". Smoky Mountain News. Waynesville, North Carolina. Retrieved June 9, 2019.
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