For Immediate Release - Celebrating the 25th Anniversary of the Lumbee Constitution and Clarifying the December 2026 Referendums
Pembroke, NC (November 1, 2026) - On November 6, 2001, Lumbee voters made a choice that still shapes our Tribe today: we adopted a Constitution of our own. As we approach its 25th
anniversary, that Constitution remains the foundation of our Tribal government and a living expression of our right to govern ourselves. It belongs to every Lumbee person, regardless of
where we stand on any issue.
We will not always agree on the actions of Tribal government or the decisions of our courts. That is part of being a free and self-governing people. But our disagreements must never undermine
the Rule of Law our Constitution established. Generations of Lumbee people worked, sacrificed, and hoped for the day we would govern ourselves under our own law. We honor that legacy by being truthful about what our Constitution says and what our courts decide. Inaccurate information does more than cause confusion. It wears away at the trust that holds together a
constitutional system built by and for all Lumbee people.
No constitution is perfect when it is written, and no constitution can foresee every question. That is why our Constitution, like constitutions everywhere, entrusts the judicial power to a court.
Article IX places that power in the Supreme Court of the Lumbee Tribe of North Carolina and gives the Court jurisdiction over all cases and controversies arising under our Constitution. When
the Court interprets our Constitution, it does not rewrite it.
This statement explains how the two upcoming referendum votes work:
December 3, 2026: Clean Water Referendum Vote
December 15, 2026: Gaming Ordinance Referendum Vote
What Does the Supreme Court’s Order Say?
Tribal Member Allana Nicole Jackson, Petitioner,
v.
Lumbee Tribal Council, Chairperson, and Lumbee Tribe Elections Board, Respondents.
Supreme Court of the Lumbee Tribe of North Carolina
Case No. 2026-008
Opinion and Order entered September 27, 2026
On September 17, 2026, the Tribal Council passed the Clean Water Ordinance, which declares clean water a fundamental right and interest of the Tribe. Article VIII, Section 1(b) of our
Constitution requires a referendum vote on ordinances like this one, but it refers to Article V, which covers initiatives, instead of Article VI, which covers referendums. Tribal member Allana
Nicole Jackson asked the Supreme Court to decide which process applies.
The Court’s Order holds that the reference to Article V is a drafting error and that Article VI’s referendum process applies. The Order directs the Lumbee Tribe Elections Board, a party to the case, to conduct the referendum under that process. In doing so, the Court did what the Lumbee people have asked of it since 2001. That is the Rule of Law at work.
Under the Order, the Clean Water Ordinance:
“may only become effective if not rescinded by a majority of those voting in the referendum required by Article VIII, Section 1(b), and this Order.”
The Tribal Council passed the Gaming Ordinance on October 15, 2026, and its December 15 referendum vote is a separate election on a separate issue from the December 3 Clean Water
Referendum Vote. Our Constitution treats any ordinance authorizing gaming as affecting fundamental rights or interests of the Tribe, so a referendum vote is required. Because the same
Article VIII, Section 1(b) language applies to every such referendum, the Gaming Ordinance Referendum Vote will follow the same Article VI process the Court applied to the Clean Water
Ordinance.
What Does the 30% Requirement Mean?
Article VI, Section 7 of our Constitution adds one requirement: a rescission is valid only if at least 30% of eligible Tribal voters participate in the referendum.
In simple terms:
Tribal voters can vote to rescind the Clean Water Ordinance, the Gaming Ordinance, or both. For each ordinance, if at least 30% of eligible Tribal voters participate and a majority of those voting vote NO (to rescind), the ordinance is rescinded. Otherwise, it is not rescinded and becomes effective as provided by law.
We share this statement so that every Tribal voter can understand the process before casting a ballot.
