[annotations to preamble]

Under the guidance of the Almighty God, our Creator, We the People of the Muscogee (Creek) Nation, do promote Unity, to establish Justice, and secure to ourselves and our children the blessings of Freedom, to preserve our basic Rights and Heritage, to strengthen and preserve self and local Government, in continued relations with the United States of America, do ordain and establish this Constitution for the Muscogee (Creek) Nation.

ARTICLE I - [Name, Organization and Jurisdiction]

[annotations to Article I]

Section 1.  The name of this Tribe of Muscogee (Creek) people shall be the “Muscogee (Creek) Nation”, and is hereby organized under Section 3 of the Act of June 26, 1936 (48 Stat. 1967).

Section 2.  The political jurisdiction of the Muscogee (Creek) Nation shall be as it geographically appeared in 1900 which is based upon those Treaties entered into by the Muscogee (Creek) Nation and the United States of America; and such jurisdiction shall include, however not limited to, properties held in trust by the United States of America and to such other properties as held by the Muscogee (Creek) Nation, such property, real and personal to be TAX-EXEMPT for Federal and State taxation, when not inconsistent with Federal law.

Section 3.  The official seal of the Muscogee (Creek) Nation shall be the Seal as is illustrated:

MCN seal-new as of 032713 ARTICLE II - [Rights and Privileges]

[annotations to Article II]

Section 1.  Each Muscogee (Creek) Indian by blood shall have the opportunity for citizenship in the Muscogee (Creek) Nation.

Section 2.  This Constitution shall not abridge the rights and privileges of individual citizens of the Muscogee (Creek) Nation enjoyed as citizens of the State of Oklahoma and of the United States of America.

Section 3.  This Constitution shall not abridge the rights and privileges of persons of Muscogee (Creek) blood for purposes of claims against the United States of America.

Section 4.  This Constitution shall not affect the rights and privileges of individual citizens of the Muscogee (Creek) Nation in their trust relationship with the United States of America as members of a federally recognized tribe.

Section 5.  This Constitution shall not in any way abolish the rights and privileges of persons of the Muscogee (Creek) Nation to organize tribal towns or recognize its Muscogee (Creek) traditions.

ARTICLE III - [Citizenship]

[annotations to Article III]

Section 1.  The Principal Chief shall appoint, subject to majority approval of the Muscogee (Creek) National Council, a Citizenship Board comprised of five (5) citizens who shall be charged with the responsibility of the establishment and maintenance of a Citizenship Roll, showing degree of Muscogee (Creek) Indian blood based upon the final rolls prepared pursuant to the Act of April 26, 1906 (34 Stat. 137), and other evidence, as prescribed by ordinance.

Section 2.  Persons eligible for citizenship in the Muscogee (Creek) Nation shall consist of Muscogee (Creek) Indians by blood whose names appear on the final rolls as provided by the Act of April 26, 1906 (34 Stat. 137), and persons who are lineal descendants of those Muscogee (Creek) Indians by blood whose names appear on the final rolls as provided by the act of April 26, 1906 (34 Stat. 137); (except that an enrolled member of another Indian tribe, nation, band, or pueblo shall not be eligible for citizenship in the Muscogee (Creek) Nation.)

Section 3.

(a)  All persons eligible for citizenship shall register as an applicant for citizenship; and

(b)  The Citizenship Board shall certify citizenship, and the declaration of citizenship may be affirmed at any time with the name of the individual being entered on the citizenship roll, and the persons being recognized as a citizen of the Muscogee (Creek) Nation, provided that:

(1)  the person is a Muscogee (Creek) Indian by blood whose name appears on the final rolls as provided by the Act of April 26, 1906, (34 Stat. 137), or the person is a lineal descendant of a Muscogee (Creek) Indian by blood whose name appears on the final rolls as provided by the act of April 26, 1906, (34 Stat. 137); and is not an enrolled member of another tribe, nation, or pueblo; and

(2)  has made application to the Citizenship Board to become a citizen of the Muscogee (Creek) Nation;

(c)  Except those persons who are Muscogee (Creek) Indian by blood whose name appears on the final rolls as provided by the Act of April 26, 1906, (34 Stat. 137), shall be automatically included as citizens of the Muscogee (Creek) Nation.

Section 4.  Full citizenship in the Muscogee (Creek) Nation shall be those persons and their lineal descendants whose blood quantum is one-quarter (1/4) or more Muscogee (Creek) Indian, hereinafter referred to as those of full citizenship. All Muscogee (Creek) Indians by blood who are less than one-quarter (1 4) Muscogee (Creek) Indian by blood shall be considered citizens and shall have all rights and entitlement as members of the Muscogee (Creek) Nation except the right to hold office.

ARTICLE IV - [Elections]

[annotations to Article IV]

Section 1.  The Principal Chief shall appoint, subject to majority approval of the Muscogee (Creek) National Council, an Election Board comprised of five (5) citizens who shall be charged with the responsibility of conducting, as prescribed by ordinance, all regular and special elections of the Muscogee (Creek) Nation.

Section 2.  Every citizen of the Muscogee (Creek) Nation, regardless of religion, creed, or sex, shall be eligible to vote in the tribal elections provided that           (a) they are registered voters for elections; (b) they are at least eighteen (18) years of age at the date of election, with the registrant providing sufficient proof of age to the Election Board; and (c) they hold citizenship.

Section 3.  All elections shall be by secret ballot.

Section 4.  No candidate for office shall be considered elected:

(1)  Unless the candidate receives a majority vote of the votes cast, or

(2)  When a candidate is unopposed for office he she shall be automatically declared the winner.

Section 5.  If there is any office in which a candidate does not receive the required majority of votes, a run-off election shall be held between the two candidates receiving the highest number of votes in that particular election.

Section 6.  Election dates for offices of the Muscogee (Creek) Nation shall be no more than four (4) years apart.

Section 7.  All citizens shall be allowed to vote for the Principal Chief and any such national office that shall be created.

Section 8.  [This section, which related to eligible voters in district elections, was repealed on November 7, 2009, when Mvskoke citizens passed A67 by referendum vote.]

Section 9.  All citizens having legal residences outside the herein defined jurisdiction of the Muscogee (Creek) Nation shall declare a home district within the Muscogee (Creek) Nation which shall be recognized as his legal residence for purposes of voting in tribal elections.

ARTICLE V - [Executive Branch]

[annotations to Article V]

Section 1.          

(a)  The Executive power shall be vested in and shall be known as the Office of the Principal Chief of the Muscogee (Creek) Nation. The Principal Chief shall hold office during a term of four (4) years upon election by majority of the votes cast. The term of office shall begin the first Monday in the new calendar year (January). No person shall serve office of Chief more than two (2) consecutive terms for which he/she is elected.

(b)  No person, except a citizen holding full citizenship, having attained the age of thirty (30) and having been a legal resident within the political jurisdiction of the Muscogee (Creek) Nation for one (1) year immediately prior to filing for office, shall be eligible for Offices of Principal Chief or Second Chief.

(c)  In the case of vacancy, whether by removal, death, or resignation of the Office of Principal Chief, the line of succession shall be the Second Chief who shall be elected in the same manner as prescribed for the Principal Chief. In the event of a vacancy of the Office of Second Chief, that an election be held within 60 days to fill the Office of the Second Chief, unless it happens within the last six months of the term in which case the term would remain vacant until the next election.

(d)  The Principal Chief and the Second Chief shall, at stated times, receive for their services a fixed compensation, which shall neither be increased nor diminished during the period of which they shall have been elected.

(e)  Before the Principal Chief enters on the execution of his office, he shall publicly take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute The Office of the Principal Chief of the Muscogee (Creek) Nation, and will, to the best of my ability, uphold the Constitution and the Laws of the Muscogee (Creek) Nation.”

(f)  No person shall be eligible for the office of Principal Chief or Second Chief who has a felony conviction or has been convicted of a felony crime against the Muscogee (Creek) Nation from a court of competent jurisdiction.  Neither shall any person with a felony conviction nor has been convicted of a felony crime against the Muscogee (Creek) Nation from a court of competent jurisdiction be appointed to hold any appointive office established by, or under, the Constitution.

(f)  No person shall be eligible for the office of Principal Chief or Second Chief who has a felony conviction from a court of competent jurisdiction. Neither shall any person with a felony conviction from a court of competent jurisdiction be appointed to hold any appointive office established by, or under, this Constitution.  [Amendment A___ (NCA 15-139) was ratified by two-thirds of the participating electorate in accordance with M(C)N Constitution, Article IX, Section 1.(a)(2), on November 7, 2015, by a vote of 3,510 to 658.]

Section 2.

(a)  The Principal Chief shall create and organize the Executive Office of the Principal Chief; and 

(b)  With the advice and consent of the Muscogee (Creek) National Council appoint offices of the Executive Office.  The National Council may, by ordinance, vest the appointment of such inferior offices as they think proper in the Principal Chief alone on in the officers.

(c)  The Principal Chief shall have the power to fill vacancies by granting commissions which shall expire at the beginning of the next National Council meeting.

Section 3.

(a)  The Principal Chief shall prepare the annual budget request and supplements thereto.

(b)  Budget requests, other appropriations, and amendments thereto shall be considered by the National Council with the same limitations and rules as any other bill.

(c)  The Principal Chief shall administer appropriated funds with the advice and consent of the National Council.

Section 4.  The Principal Chief shall from time to time however not less than once a year give to the Muscogee (Creek) National Council information of the state of the Muscogee (Creek) Nation and recommend for their consideration such measures as he shall judge necessary and expedient. He may on extraordinary occasions convene the Muscogee (Creek) National Council.

ARTICLE VI - [Legislative Branch]

[annotations to Article VI]

Section 1.  The Muscogee (Creek) Nation, as it geographically appeared in 1900, shall be divided into eight (8) districts corresponding namely with the Counties of Creek, Hughes Seminole (Tukvpvtce), McIntosh, Muskogee, Okfuskee Seminole, Okmulgee, Tulsa, and Wagoner Rogers/Mayes, in whole or portion thereof. 

Section 2.  All legislative power herein shall be vested in the Muscogee (Creek) National Council, which shall consist of one (1) House with two (2) representatives from each district elected. Each eligible voter of the Muscogee (Creek) Nation shall be allowed to vote for each and every National Council Representative. There shall be no district residency requirement for eligible voters. And further that the number of National Council Representatives will be set at a maximum of sixteen (16) members and additional seats may not be added without constitutional amendments. 

(a)  Each representative shall be elected by a vote of all the eligible voters of the Nation and shall hold office for four (4) years. Beginning with the first election after this Article is effective, there is to be an election for one (1) council representative from each district. These eight (8) seats shall be designated seat B. Those council members currently at mid-term shall serve the remainder of their term or two (2) years. The second election after this Article is effective is to be an election for one (1) council representative from each district. These eight (8) seats shall be designated seat A.

(b)  Each representative shall be a legal resident of his/her district for one full calendar year, prior to filing for office and shall be required to be an actual full time resident within that district for the term of office. When the representative ceases to be an actual resident of the district, they disqualify themselves as a representative of that district.

(c)  No person shall be a representative who has not attained the age of eighteen (18) and hold full citizenship, nor has a felony conviction within the past ten years (10) years as of date of filing for candidacy or has ever been convicted of a felony crime against the Muscogee (Creek) Nation in a court of competent jurisdiction.

(c)  No person shall be a representative who has not attained the age of eighteen (18) and hold full citizenship nor has a felony conviction within the past ten (10) years as of date of filing for candidacy, in a court of competent jurisdiction.  [Amendment A___ (NCA 15-139) was ratified by two-thirds of the participating electorate in accordance with M(C)N Constitution, Article IX, Section 1.(a)(2), on November 7, 2015, by a vote of 3,477 to 680.]

(d)  The Muscogee (Creek) national Council shall elect from their numbers a Speaker, who shall preside over the Muscogee (Creek) National Council but shall have no vote unless the National Council be equally divided, and they shall choose a Second Speaker, who shall preside in the absence of the Speaker.

Section 3.  The term of office shall begin at the first meeting of the National Council following the first day of January and the oath of office shall be taken at the first meeting.

Section 4.

(a)  A majority of the members of the Muscogee (Creek) National Council shall constitute a quorum to do business. A smaller number may adjourn or compel the attendance of absent members in a manner and under such penalties to be prescribed by ordinance.

(b)  The Muscogee (Creek) National Council shall judge of the returns and qualifications of its members, determine the rules of its proceedings, penalize its members for disorderly behavior and, with the concurrence of two-thirds (2/3) of the National Council, expel a member from a meeting.

Section 5.

(a)  The Muscogee (Creek) National Council member shall receive a compensation for his services, to be prescribed by ordinance and paid out of the Treasury of the Muscogee (Creek) Nation.

(b)  The Muscogee (Creek) National Council shall choose its own secretary whose compensation shall be provided by ordinance.

(c)  No Muscogee (Creek) National Council member shall, during their term of office, be appointed to any civil office under the authority of the Muscogee (Creek) Nation or such office which shall have been created or the emoluments whereof shall have been increased during such time; and no person holding any elective, appointive, or any other office whether compensated or not under the Muscogee (Creek) Nation shall be a member of the National Council during their continuance in office.

Section 6.

(a)  Every bill which shall have passed the Muscogee (Creek) National Council, before it becomes ordinance, shall be presented to the Principal Chief of the Muscogee (Creek) Nation. If he approves, he shall sign it; but, if not, he shall return it with his objections to the Muscogee (Creek) National Council, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration, two-thirds (2 3) of the full membership of the Muscogee (Creek) National Council shall pass the bill, it shall become an ordinance. In such cases, the vote shall be determined by yeas and nays, and the names of the person voting for and against shall be entered on the journal of the Muscogee (Creek) National Council. If any bill shall not be returned by the Principal Chief within ten (10) days, Sundays and holidays excepted, after it shall have been presented to him, the same shall be an ordinance as if he had signed it.

(b)  Every order, resolution, or other act intended to reflect the policy of the Muscogee (Creek) Nation shall be submitted in accordance with the rules and limitations prescribed in case of a bill.

(c)  Every ordinance, order, resolution, or other act intended to reflect the policy of the Muscogee (Creek) Nation shall be stamped with the Seal of the Muscogee (Creek) Nation and be signed by the Principal Chief of the Muscogee (Creek) Nation.

(d)  If any National Council meeting is cancelled for “lack of a quorum,” each absent member of that committee shall be personally fined $175.00 for the cancelled meeting. The Speaker of the National Council shall be responsible for the collection of fines.

Section 7.  The National Council shall have the power (subject to any restrictions contained in the Constitution and laws of the United States of America) to legislate on matters subject to limitations imposed by this Constitution as follows:

(a)  To promote the public health and safety, education and welfare that may contribute to social, physical well-being and economic advancement of citizens of the Muscogee (Creek) Nation.

(b)  To negotiate with Federal, State, and local governments and others.

(c)  To manage, lease, prevent the sale of, dispose or otherwise deal with tribal lands, communal resources or other interest belonging to The Muscogee (Creek) Nation or reserved for the benefit of such Nation.

(d)  To authorize and make appropriations from available funds for tribal purposes. All expenditures of tribal funds shall be a matter of public record open to all the citizens of the Muscogee (Creek) Nation at all reasonable times.

(e)  To enter contracts on behalf of the Nation with any legal activity that will further the well-being of the members of the Muscogee (Creek) Nation.

(f)  To employ legal counsel.

(g)  To borrow money on the credit of the Muscogee (Creek) Nation and pledge or assign chattels of future tribal income as security therefore.

(h)  To lay and collect taxes within the boundary of the Muscogee (Creek) Nation’s jurisdiction from whatever source derived.

(i)  To create authorities with attendant powers to achieve objectives allowed within the scope of this Constitution.

(j)  To exercise any power not specifically set forth in this Article which may at some future date be exercised by the Muscogee (Creek) Nation.

Section 8.  The citizens of the Muscogee (Creek) Nation reserve to themselves the power to propose laws, and to enact or reject the same at the polls independent of the National Council, and also reserve power at their own option to approve or reject at the polls any act of the National Council. The First Power reserved by the citizens of the Muscogee (Creek) Nation is the initiative, and eight (8) percent of voters who voted in the last General Election for the office of the Principal Chief shall have the right to propose any legislative measure, and every such initiative Petition shall include the full text of the measure so proposed. Initiative Petitions shall be filed with the Secretary of the Nation, addressed to the Principal Chief, who shall submit the same to the citizen voters at a Special Election unless there is a General Election within 90 days. The National Council shall make suitable provisions for carrying into effect the provisions of this Amendment. The veto power of the Principal Chief shall not extend to measures voted on by the People. Measures referred to the People by initiative shall take effect and be in force when approved by a majority of the votes cast and not otherwise.

ARTICLE VII - [Judicial Branch]

[annotations to Article VII]

Section 1.  The judicial power of the Muscogee (Creek) Nation shall be vested in one Supreme Court limited to matters of the Muscogee (Creek) Nation’s jurisdiction and in such inferior courts as the National Council may from time to time ordain.

Section 2.  The Supreme Court shall be composed of seven (7) members appointed by the Principal Chief, subject to majority approval by the Muscogee (Creek) Nation National Council, and whose terms shall be for six (6) years beginning July 1.  No person shall be appointed as a Supreme Court Justice who has a felony conviction in a court of competent jurisdiction.  [Amended in 2013 by A___ (NCA 13-031).]

Section 2.  The Supreme Court shall be composed of six (6) members appointed by the Principal Chief, subject to majority approval by the Muscogee (Creek) National Council, and whose term shall be for six (6) years beginning July 1. No person shall be appointed as a Supreme Court Justice who has a felony conviction in a court of competent jurisdiction.  [Amendment A___ (NCA 13-031) was ratified by two-thirds of the participating electorate in accordance with M(C)N Constitution, Article IX, Section 1.(a)(2), on September 21, 2013, by a vote of 1,690 to 664.] 

Section 3.  The Supreme Court shall, with the approval of the Muscogee (Creek) National Council establish procedures to insure that the appellant receives due process of law and prompt and speedy relief.

Section 4.  The Supreme Court shall be presided over by a Supreme Court Justice chosen from their own number and shall be in regular, quarterly scheduled session, coinciding with that of the fiscal year.

Section 5.  The decision of the Supreme Court shall be in writing and shall be final.

Section 6.  All litigation between tribal officers shall originate in the District Court of the Muscogee (Creek) Nation, with the right of appeal to the Supreme Court. All questions of fact shall be determined by jury trial.

ARTICLE VIII - [Removal of Officers]

[annotations to Article VIII]

Section 1.  The National Council shall enact an ordinance outlining procedures and causes for removal. Such procedures shall contain, but not limited to, the certification of the required petition, as provided in Section 2 and 3 of this Article and show of cause for removal, giving the accused an impartial hearing and allowance of time to answer to notice of such hearing.

Section 2.  A signed petition showing cause of removal containing twenty (20) percent of registered voters in a district shall be cause to consider removal of a council member.

Section 3.  A signed petition showing cause of removal containing twenty (20) percent of the registered voters of the Muscogee (Creek) Nation shall be cause to consider removal of the Principal Chief, Second Chief, and/or any member of the Supreme Court. A three-fourth (3/4) vote of the National Council shall be required for removal from office.

ARTICLE IX - [Amendment of Constitution]

[annotations to Article IX]

Section 1.

(a)  This Constitution shall be amended by:

(1)  Passage of an amendment ordinance before the Muscogee (Creek) National Council, which shall require affirmative vote of 2/3rds of the full membership of the National Council for approval.

(2)  A two-thirds (2/3) affirmative vote of the eligible voters who vote in special election called for said purpose by the Principal Chief pursuant to the rules and regulations that the Muscogee (Creek) National Council shall prescribe.

(b)  It shall be the duty of the Principal Chief to set such election date on the request of a majority of the Muscogee (Creek) National Council within thirty (30) calendar days.

ARTICLE X - [Ratification of Constitution; First Election]

[annotations to Article X]

Section 1.  This Constitution, when ratified by:

(a)  Those eligible to vote herein defined as:

(1)  Those persons whose names appear on the final rolls of the Act of April 26, 1906 (34 Stat. 137) or

(2)  Those persons who are lineal descendants of a person whose name appears on the final rolls of April 26, 1906, (34 Stat. 137) and

(b)  A majority vote of those eligible who are registered to vote who vote in this Constitution Ratification Election of the Muscogee (Creek) Nation provided at least 30 percent of those registered voters shall vote shall become effective upon the date of ratification.

Section 2.  For the purposes of the first election of officers and representatives under this Constitution:

(a)  Those persons eligible to vote shall include all persons registered for the Constitution Ratification Election and those persons thereafter registered who are Muscogee (Creek) Indian by blood and 18 years of age or more on the date of the election.

(b)  Each district shall elect one representative.

ARTICLE XI - [Burials and Cemetaries]

[annotations to Article XI]

Section 1.  The government of the Muscogee (Creek) Nation shall protect individual burials and cemeteries which contain burials of Muscogee people. The tribal government shall participate in the reburial of disinterred Muscogee persons and all objects removed from the original burial site. Burials shall be reinterred at or in close proximity to the place from which they were disinterred, and in a place protected by a Conservation Easement in the name of the Muscogee Nation in perpetuity. Objects of cultural patrimony, except those in possession of a Citizen or ceremonial ground, shall be protected by law as tribal common property and as tribal intellectual property. The jurisdiction of the Muscogee Nation in enforcing this Amendment shall include: the cultural perimeter of Muskoghean peoples in the southeastern United States, routes of removal, the routes and camps of the exodus to Kansas and Texas caused by the United States Civil War, and those lands described by the Treaty of 1833.

ARTICLE XII - [Initiative and Referendum]

[annotations to Article XII]

Section 1.  The Muscogee (Creek) People may propose and enact laws by the initiative or reject acts of the Muscogee (Creek) Nation National Council by Referendum.

Section 2.  An initiative or Referendum is proposed by an Application containing the bill to be initiated or the act to be referred. The Application shall be signed by not less than one hundred (100) qualified Muscogee (Creek) Nation voters as Sponsors and shall be filed with the office authorized by the Muscogee (Creek) Nation law to receive the same. The application shall be certified, if found in proper form. Denial of certification shall be subject to judicial review.

Section 3.  After certification of the Application, a Petition containing a summary of the subject matter shall be prepared by the person authorized by Muscogee (Creek) Nation law to do so for circulation by the Sponsors. If signed by qualified Muscogee (Creek) Nation voters who are equal in number to at least fifteen (15) percent of the electorate, it may be filed.

Section 4.  An initiative Petition may be filed at any time. The person authorized by Muscogee (Creek) Nation law to do so shall prepare a ballot title and proposition summarizing the proposed law(s), and shall place it them on the ballot for the first election held after adjournment of the legislative session following the filing. If, before the election, substantially the same measure has been enacted, the Petition is void.

Section 5.  A referendum petition may be filed only within ninety (90) days after adjournment of the legislative session at which the act was passed. The person authorized by Muscogee (Creek) Nation law to do so shall prepare a ballot title and proposition summarizing the act and shall place them on the ballot for the first election held after adjournment of that session.

Section 6.  If a majority of the votes cast on the proposition favor its adoption, the initiated measure is enacted. If a majority of the votes cast on the proposition favor the rejection of an act referred, it is rejected. The person authorized by Muscogee (Creek) Nation law to do so shall certify the election returns. An initiated law becomes effective ninety (90) days after certification, is not subject to veto by the Principal Chief, and may not be repealed by the Muscogee (Creek) Nation National Council within two (2) years of the effective date. It may be amended at any time. An act rejected by referendum is void thirty (30) days after certification. Additional procedures for the initiative and referendum may be prescribed by Muscogee (Creek) Nation law.

Section 7.  The initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts or prescribe their rules, or enact local or special legislation. The referendum shall not be applied to dedications of revenue, to appropriations, or to laws necessary for the immediate preservation of the public peace, health, or safety of the Muscogee (Creek) People. No article, section, or provision of the Muscogee (Creek) Nation Constitution shall be amended except as provided in this Constitution.

Section 8.  All elected and/or appointed officials of the Muscogee (Creek) Nation are subject to recall by the qualified Muscogee (Creek) voters. The grounds for recall of a judicial officer shall be established by the Muscogee (Creek) Nation Supreme Court. The grounds for recall of an officer, other than a judge, are; serious malfeasance or nonfeasance, during the term of office, in the performance of the duties of the office, or; a conviction, during the term of office, of a felony or conviction of a misdemeanor involving moral turpitude. After certification of the Application, as set forth in §2 of this Amendment, a Petition for Recall shall be prepared by the person authorized by Muscogee (Creek) Nation law to do so and the Petition shall set forth the specific conduct that may warrant recall. A Recall Petition may not be issued for circulation by the sponsors until the Muscogee (Creek) Nation Supreme Court has determined that the facts alleged in the Petition are true and there exist sufficient grounds for issuing a Recall Petition. A Recall Petition must be signed by qualified Muscogee (Creek) voters who are equal in number to at least fifteen (15) percent of the electorate. Upon a determination by the person authorized by Muscogee (Creek) Nation law to so determine that a Petition has been signed by at least the minimum number of the eligible voters, a Recall Election must be conducted in the manner provided by Muscogee (Creek) Nation law. The incumbent shall continue to perform the duties of office until the Recall Election results are officially declared and, unless the incumbent declines or no longer qualifies, the incumbent shall, without filing, be deemed to have filed for the Recall Election. A Recall Election may not occur less than six (6) months before the end of the officer’s term. An officer who is removed from office by a Recall Election or who resigns from office after a Petition for Recall issues may not be appointed to fill the vacancy that is created. Additional procedures and grounds for recall may be prescribed by the National Council.

ARTICLE XIII - [College of the Muscogee Nation Board of Regents]

[annotations to Article XIII]

Section 1.  The governing body of the Mvskoke Etvlwv Nakcokv Mvhakv Svhulwecvt, otherwise known in the English language as the College of the Muscogee Nation, is hereby vested in the Board of Regents consisting of five members to be appointed by the Principal Chief of the Muscogee (Creek) Nation with the advice and consent of the National Council. The term of said Regents shall be in accordance with the rules set forth in the Charter and the By-laws of the Mvskoke Etvlwv Nakcokv Mvhakv Svhulwecvt, the College of the Muscogee Nation. The exception is that the appointed members of the Board of Regents in office at the time of the adoption of this Amendment as provided by law at the time of this Amendment’s ratification, shall continue in office during the term for which they were appointed, and thereafter as provided herein. Members of the Board of Regents of the Mvskoke Etvlwv Nakcokv Mvhakv Svhulwecvt, the College of the Muscogee Nation, shall be subject to removal from office only as provided by law for the removal of elective officers not liable to impeachment.

 

ADOPTED this 20th day of August, 1979, by the Creek Constitution Commission in accordance with the Court Order of September 2, 1976, in the case of Harjo v. Andrus, Case 4-189, U.S.;  District Court, Washington, D.C. 

CREEK CONSTITUTION COMMISSION

________August 20th, 1979_______                       _____________/S/_____________

 Date                                                                      Bryant Jesse, Chairman

 

_____________/S/______________                       ____________/S/______________

Louis Fish, Commissioner                                   Allen Harjo, Commissioner

 

____________/S/_______________                       ____________/S/______________

 Virginia Thomas, Commissioner                               Robert Trepp, Commissioner

 

CERTIFIED:

________August 20, 1979________                       ____________/S/_____________

Date                                                                       Paula L. Francis

                                                                              Recording Secretary

APPROVAL

I, Sidney L. Mills, Acting Deputy Commissioner of Indian Affairs, 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 230 DM 1.1, do hereby approve The Constitution of The Muscogee (Creek) Nation subject to ratification by the Qualified voters as provided in Article X of said Constitution; provided that nothing in this approval shall be construed as authorizing any action under the Constitution that would be contrary to federal law.

Acting Deputy Commissioner of Indian Affairs, Washington, DC

Date: August 17, 1979

 

CERTIFICATE OF RESULTS OF ELECTION

The Acting Deputy Commissioner of Indian Affairs Approved the foregoing Constitution of the Muscogee (Creek) Nation on August 17,1979. It was submitted for ratification to the qualified voters of the Muscogee (Creek) Nation and was on October 6, 1979 duly ratified by a vote of 1,896 for and 1,694 against, in an election in which at least 30 percent (30%) of the 9,125 qualified voters cast their ballots in accordance with Section 3 of the Act of June 26, 1936, 49 Stat. 1967.

/S/

Bryant Jesse, Chairman

/S/

Louis Fish, Commissioner

/S/

Allen Harjo, Commissioner

/S/

Virginia Thomas, Commissioner

/S/

Robert Trepp, Commissioner

Date: October 9. 1979