TAHLEQUAH — A Cherokee Nation judge refused to expand the 10-day registration period set up for disenfranchised Freedmen to include all Cherokees.

Cherokee Nation District Judge John Cripps denied an intervening motion Monday by Cherokee elder Marion Hagerstrand. She asked the court to allow all Cherokees to join in the extra registration time from 8 a.m. May 21 to 4:30 p.m. June 1, not just the Freedmen.

The case in tribal court is an appeal by more than 270 Freedmen disenfranchised and ousted from tribal membership in a special election March 3.

Tahlequah attorney Nate Young III, appointed by the tribal court to represent the appellants, told the judge he did not object Monday to the judge allowing all Cherokees by blood getting extra time to register.

The attorney for the Cherokee Nation Election Commission, James Cosby, said the Commission would abide by the court’s order.

Cosby told the judge if registration were reopened for all Cherokees, the election date would have to be moved — maybe 30 days, making the election at least as late as July 23.

Cripps ruled Cherokees by blood were not under the same disability as Freedmen and to grant them additional time (to register to vote) would essentially defeat the whole purpose of allowing the Freedmen to make up time they were cut off from registration.

“This is for a disabled body (Freedmen),” Cripps said.

Cripps decided not to allow, as the Commission had wanted, absentee ballots to be sent to all Freedmen. Instead, all absentee ballots requested have to be mailed by June 11.

Cherokee Nation Attorney General A. Diane Hammons told the court to mail absentee ballots to Freedmen who do not request them could be problematic.

The tribal election law says voting in person at a precinct by a person who requested an absentee ballot would not be proper, Hammons told the court. Also, the new voters could be confused by receiving an absentee ballot they did not request.

“Sending out absentee ballots without asking just does not make sense,” Hammons told Cripps.

Cosby plans to file a writ of mandamus today, asking the Cherokee Nation Supreme Court to assume jurisdiction in the matter, so no one will come in at the last minute and request an injunction from the highest court stopping the election.

Two council candidates were prepared to try to intervene if Hagerstrand were successful Monday. Councilor Linda O’Leary’s motion to intervene said she would object to reopening registration to all Cherokees who earlier had ample time to register.

Voter registration lists have been purchased by the candidates and significant costs have been incurred based on the lists made available, her pleading stated. Campaign funds have been exhausted, she argued.

“To reopen the voter registration process to all would result in more costs being incurred, all of which are beyond the campaign budget of most candidates, petitioner included,” O’Leary’s motion states.