Judge Hears Argument To Stop Cherokee Election

TULSA, Okla. (AP) _ A federal judge made no immediate ruling Monday on a motion to stop the Cherokee Nation's June 23 general election. <br/><br/>Last month, descendants of freed Cherokee slaves, commonly

Monday, June 11th 2007, 4:51 pm

By: News On 6

TULSA, Okla. (AP) _ A federal judge made no immediate ruling Monday on a motion to stop the Cherokee Nation's June 23 general election.

Last month, descendants of freed Cherokee slaves, commonly known as freedmen, filed a motion for preliminary injunction to stop the tribe's election, in which current Chief Chad Smith is running for re-election.

Cherokee officials say the freedmen are asking the court ``to order relief (they) have already obtained,'' because their full citizenship rights have been temporarily restored, making them eligible to vote in the upcoming election.

U.S. District Judge Henry H. Kennedy Jr. listened to nearly 90 minutes of testimony before taking the matter under advisement. It was unknown when he would issue a ruling.

In March, Cherokee voters decided in a special election to amend the nation's constitution to remove about 2,800 freedmen descendants and other non-Indians from the tribal rolls.

About two weeks after the freedmen descendants filed their motion, the nation's attorney general agreed to a temporary injunction in tribal court allowing the freedmen descendants to maintain their citizenship while they appeal the constitutionality of the election.

Jon Velie, the attorney for the freedmen in the federal case, called the temporary injunction an ``11th-hour maneuver'' to give the election an appearance of legitimacy.

But Cherokee Nation spokesman Mike Miller said there was ``no disputing the fact'' freedmen descendants can vote in the upcoming election.

Based in Tahlequah, the Cherokee Nation occupies 14 counties in northeastern Oklahoma and is the largest tribe in the state, and the second largest in the U.S.

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