Rebekah Scott, a Cherokee citizen and employee of the Cherokee Nation Health System, has filed a lawsuit in tribal district court alleging a law on elections is unconstitutional.
Specifically, the law requires that any candidate for tribal seats on the Tribal Council or for Principal Chief must not be an employee of the Cherokee Nation.
“The Petitioner, as a citizen by blood, possesses an inalienable right to seek elective office within the Cherokee Nation tribal government,” the suit, filed by Muskogee attorneys John Tyler Hammons and Jeremy K. Hamby, states. “The (law) unconstitutionally forces the Petitioner to choose between her inalienable right to seek elective office and her inalienable right to continued employment.”
The suit goes on to allege that the law exceed’s the tribal council’s legislative powers by imposing requirements for elective office more stringent than the Constitution does.