Muscogee Nation voters will decide Sept. 20 whether they will continue voting for all 16 seats on the Muscogee National Council or whether their future ballots will only contain candidates for their “home” districts.

The Nation Council placed the question before voters. The push to amend Articles IV and VI of the Muscogee Nation Constitution and limit citizens to voting only in their designated districts is supported by those who feel it is impractical to vote for 16 seats across the entire Muscogee Nation Reservation. Instead, supporters say they would prefer to vote only in their local districts where they are most likely to know the candidates.

Muscogee citizens previously voted on a similar proposal in a July 2012 special election, but the 64.21 percent support for returning to district-based voting fell just shy of the two-thirds threshold needed to approve a constitutional amendment. Because the question appeared on a special election ballot, only 1,548 total votes were cast.

Voting in each National Council district – referred to as “at-large” voting – took effect after a 2008 constitutional convention, a controversial move some citizens felt circumvented their right to vote on the change.

If the new ballot question is approved Sept. 20, Article VI of the constitution would be amended to strike language granting eligible voters the right to cast ballots for “each and every National Council representative.” Article VI, Section 2(a) language would change from “each representative shall be elected by a vote of all eligible voters of the nation” to “each representative shall be elected by a vote of his/ her respective district.”

The question would also amend Article IV, Section 7 of the constitution, which currently says, “All citizens shall be allowed to vote for the principal chief and any such national office that should be created.” If the question passes, that would change to read, “Eligible voters shall be allowed to vote for the principal chief and second Chief.”

The proposed amendment would also specify that “eligible voters having legal residence in a district shall be allowed to vote in an election for that specific district,” to Article IV. Muscogee citizens who live outside of reservation boundaries already designate a “home” district for their voter registration.

Early voting is set for Sept. 17 and 18 throughout the reservation. Election Day is set for Saturday, Sept. 20. The descendants of Muscogee Freedmen will not be enrolled as citizens of the tribe in time to vote.

— Opponents of question fear ‘less accountable’ representatives

Akfvske District B Rep. Sandra Golden told NonDoc she is against the constitutional amendment, as she believes her duty as a representative is to represent all of the nation’s citizens, not just those in her district.

“I feel like it makes me less accountable if I only represent the people in my district,” Golden said.

Creek District B Rep. Dode Barnett said she does not personally support the amendment. Her reasoning is similar to Golden’s: a desire to maintain accountability.

“I do not know of another democracy where our people have so much power over their elected officials,” Barnett said. “I do not know of another democracy that gives you approval or disapproval of every single representative.”

Thinking back to previous iterations of district- based voting in the Muscogee Nation, Barnett said legislators rarely looked beyond their district when considering proposals and policies.

“The way we have it, it helps legislators focus on the big picture,” Barnett said.

According to Barnett and Golden, arguments in favor of restoring district-based voting are valid because some voters desire representatives who are hyper-focused on their district. However, they still said they value nationwide accountability.

“The people that want to go back to district voting, it’s because they know people better who are from their community. They want their own representative to focus on just them,” Golden said. “And I understand that, but I’m from Akfvske District. I live in Weleetka – actually, out in the country and I know what’s going on in this community because I live here. But I also go outside the district.”

In an interview with Mvskoke Media, McIntosh District B Rep. Galen Cloud, who is running for reelection, said that as he talks to citizens, specifically elders, he finds a mixed view of the proposed amendment.

“I think it is needed. Whatever you do in your district, the citizens know that you are there to help. Even though, if we do go back to district voting, every district, every Muscogee people, those are the ones that we are elected to help,” Cloud said. “It does not matter if you are from the Bristow, the Creek District, the McIntosh District, the Kowetv District, it does not matter where you live at. If you call me, I am there to help.”

In a Mvskoke Media interview, Tvlse District B Rep. Leonard Gouge, who is also campaigning for reelection, questioned why the constitutional amendment was necessary. He noted that individuals can already choose to abstain from voting in a district if they do not feel familiar with its candidates.

“I asked about, ‘Can a person, when they vote, can they just vote for a few? The ones they know and leave the others blank. Will that still count?’ They said, ‘Yes, that will still count,’” Gouge said. “I said, ‘So why are we going through this when they already have the right to vote for somebody or not vote for somebody?’ But it is a matter up to the people. That is what I voted for, bring it up to the people, let them vote, let them decide.”

— Supporters want to address ‘minimal accountability’ concerns

Tukvpvtce District A Rep. Anna Marshall, who cosponsored the 2024 legislation proposing the amendment, said constituents have expressed support for a return to district-based voting since before she took her seat on the National Council in 2020.

“They feel that if they could hold their representatives at the district level (accountable), that they would have better accountability they would be more informed,” Marshall said. “They would probably develop a relationship, and (…) I think relationships are really important to our people.”

While Marshall, who is not up for election this year, said she can understand the reasoning behind opposing the amendment, she would rather see it approved.

“They’re probably saying that district voting will make them less accountable, and I see it from the opposite side,” Marshall said. “You cannot be in (a) relationship with every citizen outside of where you live. But if that is your district, and you know your people, they are going to know you.”

Each Muscogee National Council district holds two seats, an “A” seat and a “B” seat.

Tukvpvtce District B Rep. Thomasene Yahola Osborn – the National Council’s second speaker – also said she supports a return to district-based voting. “One elder stated when she receives her ballot, she only votes for a candidate in our district. She leaves all of the other spaces blank,” Yahola Osborn wrote. “She also stated she does not know any of the other candidates. By the same token, the Muscogee (Creek) voters in say, the Tvlse District, do not know who we are either.”

Osborn also said she believes district-based voting would increase accountability.

Kowetv District B Rep. Mark Randolph, who is not seeking reelection after serving on the National Council for 13 years, said he recently embraced the return to district-based voting.

“Initially, I was against district voting. After having a bird’s eye view during this tenure, I now see the value of district voting,” he said. “I see a great need to return to district voting to attempt to ensure accountability by National Council representatives. There seems to be minimal accountability under the present system of voting.”

Randolph speculated that district-based voting may make representatives more in tune with their electorates, even if it means fewer overall votes are cast per race.

“I wondered what all I could have accomplished for my district if my accountability was exclusive to the citizens of the district I campaigned to represent,” he said. “Would I have had more time to work with my community board and community members for specific needs, concerns and economic development? Would my voting record reflect the communal consensus on how I should vote on all the issues? Would I be able to really be the voice of the people? What is the best way to serve as a liaison to keep the community informed, connected and engaged with the business of the nation? What if representatives were more accessible by keeping office hours at the community centers?”