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  *Special Election 2007
Questions and Answers
*
**

*1. Who is eligible to be a citizen of the Cherokee Nation? * A. To be
eligible for tribal citizenship in the Cherokee Nation, you must be able to
prove direct descent from an enrolled ancestor who is listed on the Dawes
Roll – Final Rolls of Citizens and Freedmen of the Five Civilized Tribes,
Cherokee Nation. This roll was taken from 1899-1906 and was a census of
Cherokee Nation citizens and freedmen residing in the portion of Indian
Territory that is now northeastern Oklahoma.
Many applicants do not qualify for Cherokee Nation citizenship because their
ancestors did not meet the enrollment requirements of the Dawes Roll and
therefore were not enrolled.
Cherokee Nation citizenship is issued through natural (biological) parents.
In adoption cases, citizenship eligibility must be proven through the
biological parent's direct line to the enrolled ancestor.
*2. Why does Cherokee Nation use the Dawes Final Rolls to determine its
citizenship?*
A. Article IV. Of the Cherokee Nation Constitution sets forth the
requirements for citizenship within the Cherokee Nation. Section 1 of
Article IV states:
"All citizens of the Cherokee Nation must be original enrollees or
descendents of original enrollees listed on the Dawes Commission Rolls,
including the Delaware Cherokees of Article II of the Delaware Agreement
dated the 8th day of May, 1867, and the Shawnee Cherokees of Article III of
the Shawnee Agreement dated the 9th day of June, 1869, and/or their
descendants.
"The Cherokee Nation recognizes the basic rights retained by all distinct
People and groups affiliated with the Cherokee Nation, retained from time
immemorial to remain a separate and distinct people. Nothing in this
Constitution shall be construed to prohibit the Cherokee-Shawnee or
Cherokee-Delaware from pursuing their inherent right to govern themselves,
provided that it does not diminish the boundaries or jurisdiction of the
Cherokee Nation or conflict with Cherokee law."
*3. Who are the freedmen descendents?*
A. They are the descendents of both freed persons of Indian Territory (now
part of the state of Oklahoma), who were the former slaves of American
Indians who settled in the area, and non-Indian free persons of color who
were not slaves, but resided in the territory.
*4. When did the citizenship rights of the freedmen descendents change?*
A. The 1975 Constitution provided citizenship to descendants of the
Cherokee, Shawnee and Delaware Dawes Rolls, which was interpreted to exclude
the freedmen and their descendents. In a March 7, 2006, decision the
Cherokee Nation Judicial Appeals Tribunal ruled that the 1975 Constitution
citizenship provision was not clear enough to exclude descendants of
non-Indian rolls, but also ruled that the people could vote again on the
issue. The decision also meant that citizenship in the Cherokee Nation was
now opened to descendents of freedmen who were included in the Dawes Final
Rolls, until such a vote takes place. Freedmen descendents who are enrolled
tribal citizens are eligible to vote in the March 3, 2007, special election.
*5. Who sponsored the initiative petition that requested the March 3, 2007,
special election?*
A. The petition was sponsored by citizens of the Cherokee Nation. It was not
sponsored by the Cherokee Nation.
In accordance with the Cherokee Nation Constitution, Article XV, Section 3,
the people of the Cherokee Nation have the right to propose legislation and
amendments, including those that set citizenship requirements, to the
Constitution through a petition process. The Principal Chief is required by
law to submit the question to the People when a valid petition with a legal
number of signatures of eligible Cherokee citizens so orders it. To be
eligible to sign the petition, a person must be a legal voter of the
Cherokee Nation.
*6. What is the wording of the measure that will be voted on in the March 3,
2007, special election? *
A. The measure will appear on the ballot as follows:
"This measure amends the Cherokee Nation Constitution section which deals
with who can be a citizen of the Cherokee Nation.
A vote "yes" for this amendment would mean that citizenship would be limited
to those who are original enrollees or descendants of Cherokees by blood,
Delawares by blood, or Shawnees by blood as listed on the Final Rolls of the
Cherokee Nation commonly referred to as the Dawes Commission Rolls closed in
1906. This amendment would take away citizenship of current citizens and
deny citizenship to future applicants who are solely descendants of those on
either the Dawes Commission Intermarried Whites or Freedmen Rolls.
A vote "no" would mean that Intermarried Whites and Freedmen original
enrollees and their descendants would continue to be eligible for
citizenship.
Neither a "yes" nor a "no" vote will affect the citizenship rights of those
individuals who are original enrollees or descendants of Cherokees by blood,
Delawares by blood, or Shawnees by blood as listed on the Final Rolls of the
Dawes Commission Rolls closed in 1906.
SHALL THE MEASURE BE APPROVED?
FOR THE MEASURE – YES
AGAINST THE MEASURE – NO"

*7. Are African-Americans with Cherokee blood verifiable through the Dawes
Final Rolls allowed to become Cherokee Nation citizens? *
A. Yes, as they always have been. Their eligibility has never been at issue.
The Cherokee Nation has citizens of many different ethnicities.
*8. Will African-Americans with Cherokee blood verifiable through the Dawes
Final Rolls lose their tribal citizenship if the special election measure
passes?*
A. No.
*9. If the measure passes will all freedmen descendents be disenrolled from
the Cherokee Nation?*
A. No. Freedmen descendents with Cherokee blood verifiable through the Dawes
Final Rolls will still be citizens.
*10. Are other people with no verifiable Cherokee blood allowed to become
Cherokee citizens?*
A. Yes, two Indian tribes were adopted into the Cherokee Nation. Under the
Delaware Agreement of 1867 and the Shawnee Agreement of 1869, Delawares and
Shawnees who can show direct descent from an ancestor listed on the Final
rolls of the Cherokee Nation, commonly called the Dawes Rolls, are eligible
to become citizens of the Cherokee Nation. This election will not affect
citizens of Delaware and Shawnee descent in any way.


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