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Approved: 1983; copyright: 2002
Article I - Name and Geographical Area
Article III - Right of Suffrage
Article V - Division of the Powers of Government
Article VI - Executive Department
Article VII - Privileges, Duties and Powers of Executive Department
Article VIII - Legislative Department
Article IX - Privileges, Duties and Powers of Legislative Department
Article X - Sessions of the Tribal Council
Article XI - Order of Business
Article XII - Judicial Department
Article XIII - Privileges, Duties and Powers of Judicial Department
Article XIV - Filling Vacancies
Article XV - Removal of Officials
Article XVI - Initiative and Referendum
Article XXI - Certificate of Results of Election
Approved: 1983; copyright: 2002
We, the members of the Choctaw Nation of Oklahoma, invoking the will and guidance of Almighty God in order to promote the general welfare, to insure tranquility and to secure to ourselves and our posterity the blessings of our ancestral heritage, culture and tribal sovereignty, do hereby ordain and establish this Constitution for the Choctaw Nation of Oklahoma.
Section 1. The name of this body shall be "The Choctaw Nation
of Oklahoma."
Sec. 2. Where in this Constitution the term "Choctaw Nation"
or "the Nation" is used to denote a geographical area, it shall mean
the following areas in the State of Oklahoma, to-wit: Beginning at a point on
the Arkansas River, 100 paces east of Old Fort Smith, where the western boundary
line of the State of Arkansas crosses the said river, and running thence due
south to Red River; thence up Red River to the mouth of Island Bayou, where
it empties into Red River, about 26 miles on a straight line below the
mouth of False Washita; thence running a northwesterly course along the main
channel of said Bayou of the junction of the three prongs of said Bayou, nearest
the dividing ridge between Washita and Low Blue Rivers, as laid down on
Capt. R. L. Hunter's map; thence northerly along the eastern prong of Island
Bayou to its source; thence due north to the Canadian River; thence down said
River to it's junction with the Arkansas River; thence down said River to the
place of beginning as et forth in the Treaty of June 22, 1855 (11 Stat. 611).
Section 1. The Choctaw nation of Oklahoma shall consist of all
Choctaw Indians by blood whose names appear on the final rolls of the Choctaw
Nation approved pursuant to Section 2 of the Act of April 26, 1906 (34 Stat.
136) and their lineal descendants.
Sec. 2. Except as hereinafter provided, any Choctaw by blood
who has elected or shall hereafter elect to become a member of any other tribe
of band of Indians may not be a member of this Nation.
Sec. 3. The Tribal Council shall have the power to adopt any Choctaw
by blood as a member of the Choctaw Nation who is or has become a member of
any other tribe or band of Indians and who applies for membership in the Choctaw
Nation; provided, the applicant denounces his membership in such other tribe
or band of Indians.
Section 1. All members eighteen (18) years of age and over shall
be deemed qualified electors under the authority of this Constitution; provided,
they are duly registered to vote.
Sec. 2. No enrolled member of another tribe or person who votes as a
citizen or member of another tribe shall be eligible to vote in elections of
the Choctaw Nation.
Sec. 3. In all tribal elections by the people, the vote shall be by
secret ballot. The Tribal Council shall provide the kind of ballot to be used
and make all such other regulations as may be necessary to detect and punish
fraud and preserve the purity of the ballot and shall provide for the registration
of electors.
Section 1. Nothing in this Constitution shall be interpreted
in a way which would diminish the rights and privileges that tribal members
have as citizens of this Nation, the State of Oklahoma, the United States of
America or under any Act of the Congress of the United States.
Sec. 2. No religious test shall ever be required as a qualification
to any office of public trust in this Nation.
Sec. 3. The right that every member has to speak, write or publish
his opinions on matters relating to the Choctaw Nation shall never be abridged.
Sec. 4. The members shall have the right, in a peaceable manner, to
assemble together for their common good, and to apply to those vested with powers
of government for redress of grievances or other purposes by address or remonstrance.
Sec. 5. The individually vested property rights of members of the Choctaw
Nation of Oklahoma shall not be affected in anyway whatsoever by the provisions
of this Constitution or any enactment of the Tribal Council.
Section 1. The powers of the government of the Choctaw Nation
shall be divided into three (3) distinct departments: Executive, Legislative
and Judicial. No person or collection of persons, being one of those departments,
shall exercise any power properly attached to either of the others; provided,
that the exercise of such powers shall be subject to any limitations imposed
by this Constitution and Federal Law.
Sec. 2. The officers of the Nation are to include all elective officials,
Assistant Chief and members of the Judicial Department.
Section 1. The supreme executive power of this Nation shall be
vested in a chief magistrate, who shall be styled "The Chief of the Choctaw
Nation."
Sec. 2. There shall be an Assistant Chief who shall assist the Chief
and perform all duties as assigned to him by the Chief.
Sec. 3. Any member of the Choctaw Nation who is at least thirty (30)
years of age and who possesses no less than one-quarter (1/4) degree of Choctaw
Indian blood is eligible to become a candidate for the office of Chief of Assistant
Chief.
Sec. 4. The Chief and the Assistant Chief must have been residents of
the Choctaw Nation for two (2) years or more immediately preceding any election
for Chief and must remain residents of the Choctaw Nation during the tenure
of their office.
Sec. 5. No person who has been convicted of a felony by a court of competent
jurisdiction shall be eligible to hold any elective or appointive office in
the Choctaw Nation.
Sec. 6. The Chief shall be elected for a term of four (4) years which
shall commence at twelve (12) o'clock noon on the first Monday in September
of 1983 and thereafter the terms shall commence at twelve (12) o'clock noon
on the first Monday of September of every quadrennium and shall serve until
his successor has been elected and installed. For the initial election of officers
under this Constitution, if a runoff election for the office of Chief shall
be required the installation will be on October 1, 1993.
Sec. 7. The Assistant Chief shall be appointed by the Chief with the
advice and consent of the Tribal Council and may be removed at the discretion
of the Chief.
Section 1. The Chief shall perform all duties appertaining to
the office of Chief Executive. He shall sign official papers on behalf
of the Nation. He shall take care that the laws be faithfully executed.
Sec. 2. The Chief shall have power to establish and appoint committees,
members and delegates to represent the Choctaw Nation with the advice and consent
of the Tribal Council. All appointments requiring confirmation shall be presented
to the Council within thirty (30) days of the appointment.
Sec. 3. The Chief shall fix and prescribe salaries and alliances for
all elected or appointed officials and employees of the Choctaw Nation except
the members of the Tribal Council and Tribal Court. Compensation for elected
or appointed officials shall not be increased nor diminished during the term
for which they are elected or appointed.
Sec. 4. The Chief shall have the power to veto any legislative act,
rule or regulation of the Tribal Council and must do so within five (5) working
days after passage.
Sec. 5. The Chief shall prepare an annual tribal budget for the expenditure
of all funds belonging to or administered by the Choctaw Nation from whatever
source derived which shall be submitted to the Tribal Council The annual budget
for tribal trust funds shall be submitted to the Tribal Council at least thirty
(30) days prior to the beginning of the tribal fiscal year.
Sec. 6. The Chief shall manage, administer and direct the operation
of tribal programs, activities and services and report to the Tribal Council
quarterly.
Sec. 7. The Assistant Chief shall serve in the absence of the Chief
and when serving shall have all the privileges, duties and powers of the Chief.
Sec. 8. The Chief shall have the power to remove any official appointed
by him except for members of the Tribal Court and the Tribal Council.
Section 1. The legislative authority of the Choctaw Nation
shall be vested in the Tribal Council.
Sec. 2. The Tribal Council shall consist of twelve (12) members, one
(1) to be elected from each of the following twelve (12) districts which lie
within the boundaries set forth in Article I, Section 2 of this Constitution;
provided, that the Tribal Council shall have the responsibility for reapportionment
based on population when necessary.
|
District Number
|
Area embraced within each District |
|
1
|
McCurtain County south of the north line of Township Six (6) South as established by the United States Geological Survey. |
|
2
|
McCurtain County north of the north line of Township Six (6) South as established by the United States Geological Survey. |
|
3
|
LeFlore County south of the north line of Township Four (4) North as established by the United States Geological Survey. |
|
4
|
LeFlore County north of the north line of Township Four (4) North as established by the United States Geological Survey. |
|
5
|
Haskell County |
|
6
|
Latimer County |
|
7
|
Pushmataha County |
|
8
|
Choctaw County |
|
9
|
Bryan County |
|
10
|
Atoka County |
|
11
|
Pittsburg County |
|
12
|
Coal County and that part of Hughes County South of the Canadian River |
Sec. 3. Members of the Tribal Council must be members of the
Nation and must have resided in their respective districts for one (1) year
immediately preceding the election. They must remain residents of the district
from which they were elected during the tenure of their office. Candidates for
the Tribal Council must be at least one-fourth (1/4) Choctaw Indian by blood
and must be twenty-one (21) years of age or older at the time they file for
election.
Sec. 4. Except as provided in the following section, members of the
Tribal Council shall be elected for a term of four (4) years commencing at twelve
(12) o'clock noon on the first Monday in September 1983. Thereafter, terms
of office for Council positions shall be for a term of four (4) years and shall
commence at twelve (12) noon on the first Monday of the first September
after the election for such posts.
Sec. 5. At the hour of twelve (12) noon on October 1, 1983, following
the ratification of this Constitution, the successful candidates for Tribal
Council shall meet with the elected Chief and the Choctaw Election Commission
at the Capital at Tuskahoma at which time and place the Chairperson/Arbitrator
will place twelve (12) slips of paper in a receptacle, six (6) of which will
have the number four (4) on them and six (6) will have the number two (2)
written on them. Each slip will be folded so that the number thereon cannot
be seen. In the presence of each other and the elected Chief, each successful
candidate shall draw one (1) of the slips from the receptacle and the number
on the slip each of the successful candidates draws will be the number
of years he shall serve during the first term.
Section 1. The Tribal Council, at its first regular session each
year, shall organize and elect officers from its membership. Officers to be
elected are a Speaker, a Secretary and such other officers as the Council shall
deem necessary. A recording secretary and a sergeant-at-arms who are not members
of the Tribal Council shall be appointed by the Speaker.
Sec. 2. The Speaker shall preside over all meetings of the Tribal Council.
Sec. 3. The Secretary of the Tribal Council shall maintain all records
and enactments of the Tribal Council. They shall be available for inspection
by tribal members during normal office hours. All such documents shall remain
the property of the Choctaw Nation.
Sec. 4. The Tribal Council shall enact legislation, rules and regulations
not inconsistent with this Constitution for the general good of the Choctaw
Nation and for the administration and regulation of the affairs of the Choctaw
Nation.
Sec. 5. The Tribal Council shall prescribe election procedures and regulations
for tribal elections. The Council shall create an election board whose members
shall be appointed by the Chief with the advice and consent of the Tribal Council.
Sec. 6. The Tribal Council shall make decisions pertaining to the acquisition,
leasing, disposition and management of tribal property.
Sec. 7. The Tribal Council shall sit as a court in all cases of impeachment.
Sec. 8. The Tribal Council shall be responsible for approving
the annual tribal budget and shall prescribe salaries and allowances for members
of the Tribal Council and the Tribal Court.
Sec. 9. No legislation, rule or regulation shall be implemented unless
approved by at least seven (7) members of the Tribal Council.
Sec. 10. The Tribal Council shall have power to override the Chief's
veto of any of its actions by at least eight (8) members voting in favor of
overriding the veto.
Sec. 11. The Council shall act upon all appointments requiring its confirmation
within thirty (30) days or less after such appointment is presented for confirmation.
The appointment shall become effective without confirmation should the Council
fail to so act.
Sec. 12. The selection of legal counsel shall be made by the Chief and
approved by the Tribal Council and the Secretary of the Interior. Secretarial
approval shall be necessary only as long as such action is required by Federal
Law.
Section 1. Regular sessions of the Tribal Council shall be held
on the second Saturday of each month at ten (10) o'clock a.m. at the Choctaw
Nation Council House at Tuskahoma, Oklahoma, unless and until otherwise provided
by the Tribal Council.
Sec. 2. Ten (10) members must be present to constitute a quorum.
Sec. 3. The Chief may call a special session of the Council at any time
he deems necessary by notifying each member by the most expedient way, at least
twenty-four (24) hours in advance of the meeting. Inability to notify all members
after reasonable efforts shall not prevent such special session from occurring
provided a quorum is present.
Sec. 4. All regular and special sessions shall be open to the membership
of the Nation. However, except for the Chief or his representative and in cases
of impeachment, no person shall address the Council unless he or she has the
unanimous approval of the Council members present. The Council may meet in executive
session upon an affirmative vote of two-thirds (2/3) of the Tribal Council members
present. All votes on any matter shall be in open session and shall be
a matter of public record.
Sec. 5. Roll call votes showing how each member of the Tribal Council
voted shall be recorded in the minutes of the Tribal Council.
Sec. 6. Robert's Rules of Order shall be followed in conducting Tribal
Council business to the extent they do not conflict with this Constitution.
The order of business at any regular or special session of the Tribal Council shall be as follows :
1. Call to order
2. Roll call and prayer
3. Reading of minutes of last session
4. Unfinished business
5. Reports of Committees
6. New business (Comments from Members)
7. Prayer and adjournment
Provided; however, this order of business may be suspended by the Tribal Council
for any meeting.
Section 1. The judicial authority of the Choctaw Nation shall
be vested in a Tribal Court which shall consist of three (3)-member Court appointed
by the Chief with the advice and consent of the Tribal Council. One (1) such
member, the presiding judge, shall be a lawyer duly licensed to practice before
the Supreme Court of Oklahoma. Two (2) members may be non-lawyers.
Sec. 2. Members of the Judicial Department must be residents of the
Choctaw Nation and must remain residents of the Choctaw Nation during the tenure
of their office. The non-lawyer members must be qualified electors of the Choctaw
Nation.
Sec. 3. Tribal Court members shall be appointed for a term of three
(3) years; provided that initially one (1) member shall be appointed for one
(1) year, one (1) member shall be appointed for two (2) years and one (1) member,
who is the presiding judge, shall be appointed for three (3) years to establish
staggered terms of office.
Sec. 4. Judges shall not be subject to removal except as provided in
Article XV, Section 1.
Sec. 5. Decisions finally determining each cause of action decided by
the Tribal Court shall be recorded in journals kept for that purpose.
Section 1. The Tribal Court shall have exclusive jurisdiction
to decide disputes, by vote of two (2) members, arising under any provision
of this Constitution or any rule or regulation enacted by the Tribal Council.
Sec. 2. Rules of procedure for the Tribal Court shall be prescribed
by the Tribal Council and shall insure the members due process of law.
Sec. 3. The decision of the Tribal Court shall be final.
Section 1. In case of the death, resignation or removal of the
Chief, the Assistant Chief shall immediately become Chief for the remainder
of the unexpired term. In the event the Assistant Chief shall succeed to the
office of Chief, he shall appoint a successor Assistant Chief with the advice
and consent of the Tribal Council.
Sec. 2. The Chief shall have power within sixty (60) days after a vacancy
occurs in the Tribal Council to fill such vacancy for the remainder of the unexpired
term. Such appointee shall meet the same qualifications as required of a candidate
for election to such office. If a vacancy occurs more than one (1) year before
the expiration of such term, a special election shall be called to fill the
vacancy.
Section 1. Impeachment.
(a) Any elected or appointed officer shall be subject to impeachment for willful neglect of duty, corruption in office, habitual drunkenness, incompetence, incapability of performing his duties or committing any offense involving moral turpitude while in office.
(b) Impeachment charges shall be presented to the Judicial Department. The Tribal Court shall within thirty (30) days examine the evidence. If the Tribal Court determines the evidence or charges are sufficient to warrant further action, it shall conduct a hearing pursuant to this Article. If impeachment charges are brought against any judge, then that judge shall be disqualified to sit on any matters relating to such charges. Then, and in such event, the Chief shall name a substitute judge, with the advice and consent of the Tribal Council, who shall sit as a member of the Court on all matters relating to such impeachment charges.
(c) The Tribal Council shall prescribe such rules and procedures that are necessary to carry into effect the provisions of this Article.
(d) Any officer against whom charges may be preferred shall be entitled to a hearing, by the Tribal Court, under rules and procedures prescribed by the Tribal Council.
(e) Any officer against whom articles of impeachment are referred to the Tribal Council shall be suspended from the exercise of the duties of his office during the pendency of his impeachment.
(f) The Tribal Council shall sit as a court of impeachment and its decision shall be final.
(g) Eight (8) votes shall be required to impeach the official.
(h) Judgment in cases of impeachment shall extend not only to removal from
office but also to disqualification from holding any office of honor, trust
or profit under this Nation.
Sec. 2. Recall.
(a) Upon receipt of a valid petition, submitted to the Judicial Department, signed by at least forty percent (40%) of the registered voters of the district or area in which the officer was elected, it shall be the duty of the Tribal Council to call and conduct, within sixty (60) days, a recall election.
(b) The election shall be conducted pursuant to rules and regulations prescribed by the Tribal Council. Recall from office shall require a supporting vote of at least fifty-one percent (51%) of the registered voters of the district or area in which the election is conducted.
(c) only one (1) official shall be subject for recall at any given recall election.
(d) No official shall be subject to recall more than one (1) time during his
term of office.
Section 1. The members shall have the right to propose any legislative
measure by a petition signed by at least thirty percent (30%) of the registered
voters. Every such petition shall contain the entire text of the registered
voters. Every such petition shall contain the entire text of the measure proposed.
The petition shall be filed with the Chief at least sixty (60) days prior to
the next election for Chief at which time it shall appear on the ballot.
If such petition is filed more than one (1) year prior to the next election
for Chief, a special election shall be called. If approved by a majority of
those participating in the election, it shall be in full force and effect immediately.
Sec. 2. The Tribal Council, by approval of at least eight (8) members,
may refer any legislative measure to the members of the Choctaw Nation by directing
that said measure be placed on the ballot at the next election for Chief
or by calling for a special election. Decisions to refer any matter to people
shall be made at least sixty (60) days prior to the election at which it is
presented.
Sec. 3. All petitions for initiative shall be submitted under a cover
letter signed by at least three (3) sponsors who are qualified electors of the
Choctaw Nation.
All elected or appointed officials shall take the following oath:
"I, , do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the Choctaw Nation of Oklahoma, the State of Oklahoma, and the United States of America and will discharge the duties of my office with fidelity.
I further swear (or affirm) that I will devote my best efforts toward the
preservation of the heritage and tradition of the Choctaw Nation in order that
all mankind may better understand, evaluate, and appreciate the history of its
glorious past and enjoy its brilliant future, so help me God."
Section 1. Amendments to this Constitution may be proposed by the Tribal Council and shall require at least eight (8) affirmative votes or by a petition containing the entire text of the amendment and signed by not less than thirty percent (30%) of the total number of qualified voters voting in the last Chief's election.
Sec. 2. Adoption by not less than fifty-one (51%) of the total number
of qualified voters of the Nation voting in the last Chief's election shall
be required to amend this Constitution. Amendments shall be effective upon approval
by the Secretary of the Interior.
This Constitution shall become effective when approved by the Secretary of the Interior and ratified by the voters.
Pursuant to this Constitution, the initial election of the Chief and members
of the Tribal Council shall occur on August 20, 1983, and run-off election,
if necessary, on September 17, 1983
I, John W. Fritz , Deputy Assistant Secretary - Indian Affairs (Operations), by virtue of the authority granted to the Secretary of the Interior by the Act of June 26, 1936 (49 Stat. 1967), as amended and delegated to me by 209 DM 8.3, do hereby approve this Constitution of the Choctaw Nation of Oklahoma. It shall become effective upon ratification; provided, that nothing in this approval shall be construed as authorizing any action under the Constitution that would be contrary to Federal Law.
signed
Deputy Assistant Secretary - Indian Affairs (Operations)
Washington, D.C.
Date: June
9, 1983
Pursuant to the March 9, 1983, order of the U.S. District Court for the District of Columbia in Morris v. Watt, Civil No. 77-1667, the Deputy-Assistant Secretary - Indian Affairs (Operations), on June 9 , 1983, approved this Constitution and authorized the calling of an election for its ratification to be conducted on July 9, 1983. on July 9, 1983, the qualified voters of the tribe duly ratified this Constitution by a vote of 2253 for, and 780 against, in an election in which at least thirty percent (30%) of the 6970 entitled to vote cast their ballots, in accordance with Section 3 of the Act of June 26, 1936 (49 Stat. 1967), as amended. The results are hereby certified by members of the Choctaw election commission shown below.
Signed
Fred L. Ragsdale, Jr., Chairperson/Arbitrator
signed
Jimmy Sam, Representative for Jacob Plaintiffs
signed
Frances Farrell, Representative for Wilson Plaintiffs
signed
Frank Wilson, Representative for Tribal Defendant
signed
Onita Wilson, Representative for Tribal Defendant
signed
Delton Cox, Neutral Member
signed
Richard Fitzgerald, Neutral Member
Talihina, Oklahoma
Date : July
25, 1983
© Copyright 2002 Choctaw Nation of Oklahoma P. O. Drawer 1210 Durant,
OK 74702-1210
1-800-522-6170 or 580-924-8280