Section 3. Election for Executive office. The Principal Chief and Vice-Chief shall be elected to their respective offices by the registered voters of the Eastern Band of Cherokee Indians.
Clause 1. Time for Election. The election for Principal Chief and Vice-Chief shall be held on the first Thursday in September of 2023, following the adoption of this Constitution and every four (4) years thereafter under such rules and regulations as may be adopted by the Board of Elections.
Clause 2. Selection. Election for Principal Chief and Vice-Chief shall be the candidates who each receive a majority of votes cast by the registered voters of the Eastern Band of Cherokee Indians.
Clause 3. Vacancy of Chief. In case of death, resignation, removal or any cause that the Principal Chief becomes unable or unfit to perform the duties of the current term of office, the Chief shall be replaced immediately by the Vice-Chief.
Clause 4. Vacancy of Vice-Chief. In case of death, resignation, removal or any cause that the Vice-Chief becomes unable or unfit to perform the duties of the current term of office, the Vice-Chief shall be replaced immediately by an elected member of Tribal Council, chosen by Tribal Council receiving the most unweighted votes.
Clause 5. Vacancy of Executive Branch. In the event that both Principal Chief and Vice-Chief simultaneously are unable or unfit to perform their duties, the Chair of Tribal Council shall replace the Principal Chief immediately, the Vice-Chief shall be replaced immediately by any remaining elected member of Tribal Council, chosen by Tribal Council receiving the most unweighted votes.
- Disqualification of Chair. If the Chair of Tribal Council does not meet the qualifications for the office of Principal Chief, the replacement shall be an elected member of Tribal Council who does qualify. They will be chosen by a quorum of Tribal Council receiving the most unweighted votes.
Clause 6. Interim Term. If more than twelve (12) months remain in the vacant term of office identified in the above Clauses 3, 4, or 5, the replacement shall be on an interim basis until the Board of Elections can hold a special election. If twelve (12) months or less remains in the vacant term of office identified in the above Clauses 3, 4, or 5, the replacement shall finish out the vacant term.
Section 4. Term. The elected Principal Chief and Vice-Chief each shall hold office for a term of four (4) years, not to exceed two (2) consecutive terms in the same office. Office holders who have reached this limitation shall be allowed to run for the same office in four (4) years following their departure from office.
(January 2022 draft + commentary to view the corresponding explanation.)