MVSKOKE RESERVATION – Four constitutional amendments will appear as ballot initiatives in the 2026 Special Election. Three laws to place ballot initiatives on the next special election were adopted during the Regular Session on Saturday, Feb. 28.
According to MCN Election Board Manager Nelson Harjo Jr. (Mvskoke), ballot initiatives NCA 25-109, NCA 26-030, NCA 26-031, and NCA 26-038 will appear in the Special Election scheduled for Saturday, May 30.
The voter registration deadline is Tuesday, May 19. Absentee ballot request forms must be turned in to the MCN Election Board Office by Wednesday, May 6. Harjo stated that sample ballots will be available soon; no date was given.
To become a ballot initiative, legislation required a two-thirds vote from the full council. Each initiative will require a two-thirds vote from Mvskoke voters to be ratified. Voters will vote “yes” or “no” for each question.
Ballot Initiatives
NCA 26-030 amends Article VII (Judicial Branch). It adds language regarding justice recusal, stating that if an MCN Supreme Court Justice must recuse themselves from a case, a Special Justice will be appointed by the Principal Chief to ensure that seven justices hear each case.
The amendment also adds that the Special Justice’s appointment will last only long enough to hear the case to which they were appointed. The appointment will expire upon the conclusion of the case. It was sponsored by Representative Robert Hufft and was adopted 12-3. Representatives Dode Barnett, Representative Robyn Whitecloud, and Representative Osborn voted no.
During the discussion, Rep. Barnett explained that she could not support this legislation because the MCN Supreme Court already has an internal policy for selecting temporary justices.
“If this passes, it opens up an avenue for the administration and/or the legislative branch to influence outcomes of specific cases because you would be loading the court with specific people for specific cases instead of appointing a justice based on their own merits,” Rep. Barnett said.
NCA 26-031 amends Article IX (Amendment of Constitution). It adds language regarding the timing of a special election. The legislation states that a Special Election may be called by the Principal Chief and combined with a General Election if the constitutional amendment ordinance is enacted 90 days prior to a general election. NCA 26-031 was sponsored by Rep. Hufft and was adopted 15-0.
During the discussion, Rep. Hufft explained that this legislation will save the Tribe money.
NCA 26-038 is an amendment to NCA 25-105, which is a proposed amendment to Article VI (Legislative Branch) Section 2 (a) of the Constitution. The amendment will increase term limits for National Council representatives from one to three.
According to the law, NCA 25-105 must be amended because the original constitutional amendment was supposed to appear on the November 2025 ballot. Rep. Osborn was the original sponsor of the bill, which was adopted 14-0 during the Quarterly Session on Saturday, October 25, 2025. Term limits would take effect in the 2028 National Council Seat A election. NCA 26-038 was also sponsored by Rep. Osborn and adopted 15-0.
NCA 25-109 is an amendment that will repeal NCA 25-087, entitled “A law of the Muscogee (Creek) Nation amending the Constitution of the Muscogee (Creek) Nation by replacing ‘Muscogee’ with the traditional spelling of ‘Mvskoke’ and deleting the word ‘Creek’ throughout the Constitution.” Former Representative Mark Randolph sponsored the bill at the Regular Session on Saturday, October 25, 2025, which was adopted 14-0.
According to the bill, the constitution needs to be updated because Mvskoke is the proper name of the Nation, not Creek. The word “Creek” was used by Europeans to describe the Tribe because Mvskoke Tribal Towns were located on or near creeks and rivers.
NCA 26-037 Fails in Council
NCA 26-037 was a proposed amendment to Article V (Executive Branch), Section 1 (a) and (c) to the Constitution. If it had been adopted into law, citizens would vote on extending the term limits for the Principal Chief and the Second Chief from two to three years. A third term could be sought by a candidate regardless of whether it was a consecutive or nonconsecutive term. The bill was sponsored by Rep. Tiger. It failed to reach a two-thirds vote, 9-6. Rep. Barnett, Representative James Factor, Representative Lora Harjo-King, Representative Charles McHenry, Rep. Osborn, and Rep. Whitecloud voted no on the legislation.
During the discussion, Rep. Tiger argued that this amendment was necessary to remain consistent with the proposed term limits for National Council Representatives. Rep. Tiger asked MCN Principal Chief David Hill and Second Chief Del Beaver for their thoughts on the bill. Principal Chief Hill explained that it should be up to the voters to decide whether expanding the chiefs’ term limits to three terms is in the Nation’s best interest. According to the Second Chief, expanding term limits was not fair to future Second Chief candidates.
“I believe I still have two term limits. If this passes, whether today or by a vote of the people, I still believe I only have two-term limits. I don’t believe in changing the rules of the game in the middle of the game,” Second Chief Beaver explained.
For more information, visit the MCN Election Board’s website, muscogeenation.com/election-board.
