— An order for the Cherokee Nation Election Commission to apportion nine tribal districts based on ZIP codes is on hold.

The order had called for Cherokees living outside the original jurisdictions of the tribe but having the same ZIP code as those living inside the jurisdiction to vote in the same district.

Before that, regardless of ZIP code, Cherokees outside the original jurisdiction of the tribe voted “at large.”

Cherokee Nation District Judge Bart Fite ordered the redistricting by ZIP code to be complete by June 30 in a case filed by Principal Chief Chad Smith against the Cherokee Nation Election Commission.

The Cherokee Nation Tribal Council filed a motion on June 25 asking Fite to reconsider and stay his order, which Fite did.

Fite ordered the parties to try to come together by July 13 and file a report on the jurisdictional issue.

Council attorney Todd Hembree’s motion said there is definitive proof many of the Cherokees live outside the jurisdictional boundaries.

One example was that the ZIP code 74403, which is in Muskogee, is the code for 5,378 tribal citizens with 1,611 of those living inside the tribal jurisdiction and 3,767 living outside.

He cited the tribal constitution, Article VI, Section 3, which requires the council to establish representative districts within the boundaries of the tribe. Fifteen of the council seats are to be apportioned to afford a reasonably equal division of citizenship among the districts.

The remaining two council seats are to be elected by registered voters residing outside the boundaries of the nation and voting at-large.

Hembree’s motion said to do otherwise violates the tribal constitution.

He stated it is the duty of the tribal election commission to decide whether tribal citizens live inside the jurisdictional area. The motion also alleged the June 18 ruling violated Article V of the tribal constitution, which deals with separation of powers.

There is “incontrovertible evidence” that at the very least, 12,000 Cherokee citizens live outside the nation’s boundaries, the motion states.

The constitution provides those living outside the jurisdictional boundaries will be represented by two at-large tribal councilors.

Citizens counted both within the jurisdiction of the Nation for election purposes would have the benefit of being represented by councilors representing a specific district and also would have the benefit of being represented by at-large councilors, the motion states.

That would violate the concept of equal protection of all citizens under the constitution, the motion states.

Reach Donna Hales at 684-2923 or dhales@muskogeephoenix.com.