2019 Cherokee Nation principal chief election

{{Short description|none}}

{{Use mdy dates|date=September 2023}}

{{Infobox election

| election_name = 2019 Cherokee Nation principal chief election

| country = Cherokee Nation

| flag_image = Flag of the Cherokee Nation.svg

| type = presidential

| ongoing = no

| previous_election = Cherokee Nation principal chief election, 2015

| color1 = c0c0c0

| color2 = c0c0c0

| color3 = c0c0c0

| previous_year = 2015

| election_date = {{Start date|2019|06|01}}

| next_election = 2023 Cherokee Nation principal chief election

| next_year = 2023

| image1 = Chuck Hoskin, Jr. speaking, 2019 (cropped) 2.jpg

| candidate1 = Chuck Hoskin Jr.

| running_mate1 = Bryan Warner

| popular_vote1 = 7,933

| percentage1 = 57.51%

| image2 = 3x4.svg

| candidate2 = Dick Lay

| running_mate2 = none

| popular_vote2 = 3,856

| percentage2 = 27.95%

| image3 = 3x4.svg

| candidate3 = David Walkingstick
(disqualified)

| running_mate3 = Meredith Frailey

| popular_vote3 = 2,006

| percentage3 = 14.54%

| title = {{Nowrap|Principal Chief}}

| before_election = Bill John Baker

| after_election = Chuck Hoskin, Jr.

}}

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.{{cite news|title=Hoskin wins Cherokee Nation principal chief race|last=Rowley|first=D. Sean|date=June 2, 2019|work=Cherokee Phoenix|location=Tahlequah, Oklahoma|url=https://www.cherokeephoenix.org/Article/Index/103262|access-date=June 2, 2019}}{{cite news|title=Cherokee Nation leadership election set for Saturday|author= |date=May 31, 2019|publisher=Associated Press|location=Oklahoma City, Oklahoma|url=https://www.apnews.com/25769d7be50545f39f17aa83cd5d2568|access-date=June 1, 2019}}

A third candidate, Tribal Councilman David Walkingstick, also appeared on the ballot, but was disqualified due to campaign finance violations days before the election.{{cite news|title=Walkingstick disqualified from Cherokee Nation chief's race|last=Hunter|first=Chad|date=May 17, 2019|work=Cherokee Phoenix|location=Tahlequah, Oklahoma|url=https://www.cherokeephoenix.org/Article/Index/103211|access-date=May 20, 2019}}{{cite web|url=https://www.indianz.com/News/2019/05/29/a-stolen-election-cherokee-nation-procee.asp|access-date=June 1, 2019|title=A 'stolen' election? Cherokee Nation proceeds to vote without candidate David Walkingstick|date=May 29, 2019|author= |website=Indianz.com}}{{Cite news|title=Court delays Walkingstick decision|last=Crawford|first=Grant D.|date=May 24, 2019|work=Tahlequah Daily Press|location=Tahlequah, Oklahoma|url=https://www.tahlequahdailypress.com/news/tribal_news/court-delays-walkingstick-decision/article_b4171f2b-aca3-5d86-824b-218c4bc9c117.html|access-date=June 1, 2019}} 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.{{Cite news|title=Disqualification of 1st Black Cherokee chief candidate reignites racism debate|last=Brown|first=Denieca|date=May 22, 2019|work=Rolling Out|location=Atlanta, Georgia|url=https://rollingout.com/2019/05/22/disqualification-of-1st-black-cherokee-chief-candidate-reignites-racism-debate/|access-date=June 1, 2019}} Federal courts affirmed the decision just before the election.{{cite news|title=Federal judge nixes Brown’s case to rejoin chief race|last=Hunter|first=Chad|date=May 31, 2019|work=Cherokee Phoenix|location=Tahlequah, Oklahoma|url=https://www.cherokeephoenix.org/Article/Index/103259|access-date=June 1, 2019}}

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.{{cite news|title=Cherokee Supreme Court rules chief can't seek a third consecutive term|last=Dekker|first=Michael|date=October 31, 2018|work=Tulsa World|location=Tulsa, Oklahoma|url=https://www.tulsaworld.com/news/local/crime-and-courts/cherokee-supreme-court-rules-chief-can-t-seek-a-third/article_ae56211c-fcf4-5090-b6ca-1353c189a701.html|access-date=May 20, 2019}}

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%. 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, Bryan Warner defeated former Tribal Council Speaker Meredith Frailey 58.88% to 41.12%.{{cite news|title=Ballot counting continues into the night in Cherokee chief's race|last=Krehbiel-Burton|first=Lenzy|date=June 2, 2019|work=Tulsa World|location=Tulsa, Oklahoma|url=https://www.tulsaworld.com/news/ballot-counting-continues-into-the-night-in-cherokee-chief-s/article_2f7be0b1-5e9a-5082-872c-7518e4b6cdd8.html|access-date=June 2, 2019}} (Although candidates for principal chief and deputy chief run together, they are voted upon separately.)

{{Election results

|cand1=Chuck Hoskin Jr.|votes1=7933

|cand2=Dick Lay|votes2=3856

|cand3=David Walkingstick|votes3=2006

|invalid=75

|electorate=72781

|source={{Cite web |title=2019 General Election Results |url=https://election.cherokee.org/media/3i4jfefa/official-vote-count-6_1_19.pdf |archive-date=1 December 2021 |archive-url=https://web.archive.org/web/20211201130948/https://election.cherokee.org/media/3i4jfefa/official-vote-count-6_1_19.pdf |website=Cherokee Nation Election Commission}}

}}

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.{{cite news|title=The Cherokee Nation’s next chief will have a big footprint in Indian Country|date=May 29, 2019|last=Brewer|first=Graham Lee|work=High Country News|location=Paonia, Colorado|url=https://www.hcn.org/articles/tribal-affairs-the-cherokee-nations-next-chief-will-have-a-big-footprint-in-indian-country|access-date=June 1, 2019}} Walkingstick had early in the campaign expressed concerns about oversight, and called for federal officials to monitor the 2019 elections.{{cite news|title=Walkingstick, Hoskin disagree over federalizing Cherokee election|last=Hunter|first=Chad|date=April 4, 2019|work=Cherokee Phoenix|location=Tahlequah, Oklahoma|url=https://www.cherokeephoenix.org/Article/index/83144|access-date=June 1, 2019}}

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.{{Cite news|title=Does Citizens United apply to Cherokee elections? Candidates for chief weigh in on this and other issues at televised forum|date=May 17, 2019|last=Krehbiel-Burton|first=Lenzy|work=Tulsa World|location=Tulsa, Oklahoma|url=https://www.tulsaworld.com/news/state-and-regional/does-citizens-united-apply-to-cherokee-elections-candidates-for-chief/article_0a4fc514-436a-57d3-8d7a-18d96ff21edc.html|access-date=June 1, 2019}} 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.{{cite news|title=Cherokee Nation Election Commission orders halt to campaigning by corporation founded by principal chief candidate's former campaign consultant|last=Jones|first=Corey|date=May 7, 2019|location=Tulsa, Oklahoma|work=Tulsa World|url=https://www.tulsaworld.com/news/state-and-regional/cherokee-nation-election-commission-orders-halt-to-campaigning-by-corporation/article_030b7721-b9e8-5253-ad3a-fc94f7498be8.html|access-date=June 1, 2019}} 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.{{Cite news|title=David Walkingstick disqualified from Cherokee chief election|date=May 18, 2019|last=Jones|first=Corey|work=Tulsa World|location=Tulsa, Oklahoma|url=https://www.tulsaworld.com/news/local/david-walkingstick-disqualified-from-cherokee-chief-election/article_6480ebf7-1dfe-5dee-ba8f-4d6fac5d7d02.html|access-date=June 1, 2019}} Walkingstick was disqualified from the election, although his name remained on the ballot. The Cherokee Supreme Court upheld the disqualification on May 29. Walkingstick subsequently threw his support behind Lay. Because Walkingstick was disqualified at such a late date, his name remained on the ballot; however, votes cast for him were not counted.{{cite news|title=Notices regarding disqualified candidates to be posted at voting sites|last=Hunter|first=Chad|date=May 31, 2019|work=Cherokee Phoenix|location=Tahlequah, Oklahoma|url=https://www.cherokeephoenix.org/Article/Index/103257|access-date=June 1, 2019}}

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 Candidate Chuck Hoskin Jr., and was registered to an empty lot in Hoskin's home town of Vinta.{{citation needed|date=October 2022}} 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.{{Cite web|last=Crawford|first=Grant D.|title=CN 'citizen' claims Hoskin, Warner broke election law|url=https://www.tahlequahdailypress.com/news/tribal_news/cn-citizen-claims-hoskin-warner-broke-election-law/article_f60fa3c7-2ed6-51ae-b9d0-5f1468931d4b.html|access-date=2020-12-03|website=Tahlequah Daily Press|language=en}} 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, [https://www.cherokeecourts.org/Portals/cherokeecourts/Documents/Supreme%20Court/Order%20and%20Opinions/SC-19-11%2016-Opinion%206-19-19.pdf?ver=2019-06-19-123933-170 Lay v CN Election Commission] and [https://www.cherokeecourts.org/Portals/cherokeecourts/Documents/Supreme%20Court/Order%20and%20Opinions/SC-19-11%2016-Opinion%206-19-19.pdf?ver=2019-06-19-123933-170 Frailey v CN Election Commission].{{Cite web|title=SC-2017-01 to current|url=https://www.cherokeecourts.org/Supreme-Court/SC-2017-01-to-current|access-date=2020-12-03|website=www.cherokeecourts.org}} 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.{{cite news|title=New Cherokee Nation election sought as petition alleges campaign violations from Hoskin Jr., Warner|date=June 10, 2019|last=Jones|first=Corey|work=Tulsa World|location=Tulsa, Oklahoma|url=https://www.tulsaworld.com/news/state-and-regional/petitions-in-cherokee-supreme-court-seek-to-invalidate-hoskin-jr/article_b10e951c-1153-5fc7-9844-fb37f0a36761.html|access-date=June 11, 2019}} The petitioners accused the winning candidates of accepting illegal in-kind contributions and other campaign finance violations;{{cite news|title=UPDATE: Hoskin, Warner and Deere face Supreme Court appeals|date=June 11, 2019|last=Rowley|first=D. Sean|work=Cherokee Phoenix|location=Tahlequah, Oklahoma|url=https://www.cherokeephoenix.org/Article/Index/103289|access-date=June 11, 2019}} however, the Cherokee Supreme Court found the complaints to be without merit.{{cite news|title=UPDATE: Cherokee Nation Supreme Court Dismisses Lay, Frailey Election Appeals|date=June 19, 2019|last=Rowley|first=D. Sean|work=Cherokee Phoenix|location=Tahlequah, Oklahoma|url=https://www.cherokeephoenix.org/Article/index/103307|access-date=June 20, 2019}}

References

{{reflist|30em}}