MCN Supreme Court Upholds 2021 Primary Election Results

Written By: Jerrad Moore

(MUSCOGEE NATION) The Muscogee (Creek) Nation Supreme Court has upheld the MCN District Court ruling in Adam Jones and Lanissa Jack Melton’s joint petition for Fraud and Irregularities in the 2021 Primary election.

At the conclusion of the hearing held Oct. 21 the Justices issued an oral decision that sided with the lower court, and ordered the MCN Election Board to certify the Primary Election results.

Oral arguments before the court centered around 1,248 absentee votes that could not be counted by the Election Board because they had arrived at the Okmulgee Post Office after the 11 a.m. deadline stipulated by MCN Code.  

It is unknown what number of these late ballots were mailed on time by citizens or were only late due to postal delays.

At an Oct. 18 Emergency Session, the National Council passed NCA 21-114, legislation that would amend Title 19 of MCN Code, in an attempt to address the impact postal delays could have on the General Election.  

NCA 21-114 would move the General Election date to Dec. 11, change mail out dates for absentee ballots, and remove the 11 am deadline to replace it with a requirement that absentee ballots be postmarked no later than two days prior to Election Day.

Currently, NCA 21-114 is waiting for Principal Chief David Hill’s signature or veto.  If the bill is not signed or vetoed by Oct. 29, it will automatically become law. If vetoed, the National Council will have the opportunity to override the veto at the Regular Session on Oct. 30, but until NCA 21-114 is adopted as law the General election is required to be conducted on the timetable established by existing MCN Code which puts early voting beginning on Nov. 3 & 4, and Election Day on Nov. 6.