Incumbent Jess Henry is facing a lone challenger, Kenneth Marshall, in the race to represent District 4 on the Choctaw Nation Tribal Council.
District 4 covers a northeast portion of the Choctaw Nation Reservation, including parts of LeFlore County and running from just north of Talihina through Pocola. The winning candidate will serve a four-year term on the 12-member Tribal Council, which is responsible for enacting tribal laws and overseeing the Nation’s $2.8 billion budget.
Jess Henry, 67, was elected to the Tribal Council in 2021, earning 53.4 percent of the vote in a race against Jennifer Roberts. His career began with the Fort Smith Police Department before joining the Oklahoma Highway Patrol, where he served for nearly 32 years and retired as a troop commander, according to his LinkedIn. Henry also owns a tractor repair business and a farm, which has been in his family for three generations.
Kenneth Marshall, 62, has worked in the Choctaw Nation’s maintenance department for 13 years, according to his candidate biography.
The District 4 race is one of three contested Tribal Council elections this cycle, alongside District 5 and District 12. District 7 was also contested until the Choctaw Nation Election Board certified incumbent Joey Tom’s victory on June 2 after challenger Adrian Johnico died in a car crash.
NonDoc reached out to Henry and Marshall for interviews ahead of the July 12 election. Marshall declined to be intereviewed, and Henry did not respond to multiple requests to discuss his candidacy.
Marshall: ‘I encourage everyone to vote no on Amendment No. 2’
Choctaw voters will also vote on proposed amendments to the Choctaw Constitution, including Amendment 2, which would two remove references to the state of Oklahoma and the U.S. government.
Under Article IV, Section 1 of the Choctaw Constitution, the nation’s laws are currently prevented from “diminish(ing) the rights and privileges that tribal members have as citizens of this nation, the state of Oklahoma, the United States of America or under any act of the Congress of the United States.”
By passing Amendment 2, voters would strike Article IV, Section 1’s references to Oklahoma and the United States to allow the Choctaw Nation to “diminish” rights that tribal citizens hold under state or federal law. The proposed amendment would also change Article XVII of the Choctaw Constitution, which stipulates the oath of office taken by elected or appointed tribal officials. The oath would be amended to delete the pledge to “support, obey and defend” the Oklahoma Constitution and the U.S. Constitution.
Supporters argue the amendment would strengthen tribal sovereignty, but critics say it would jeopardize individual rights not explicitly protected in the Choctaw Constitution. Perhaps most immediately, Amendment 2 repeals the language cited by the Choctaw Constitutional Court to invalidate a Tribal Council-passed law banning the recognition of same-sex marriage.
Marshall has been a vocal opponent of Amendment 2, calling it “a very serious issue for tribal citizens” in a May 21 Facebook post. In the post, he noted that he copied the words of a Choctaw citizen and law student who said Amendment 2 could weaken protections currently afforded by state and federal law.
“Amendment No. 2 is intended to protect Choctaw Nation’s sovereignty, but does so at the expense of Tribal Members’ most fundamental rights,” the post stated. “Until we also have an amendment on the ballot for a more robust Choctaw Bill of Rights, I encourage everyone to vote no on Amendment No. 2.”
Henry has not publicly shared his position on Amendment 2.
Candidates seek to expand services, safety in District 4
Throughout his campaign, Henry has made posts touting recent expansions of services and resources in District 4 for Choctaw families and elders. In a video posted to his Facebook page, he highlighted recent projects, including a new community center and the construction of 10 rental homes for Choctaw elders.
“We take care of our own,” Henry said in the video. “It’s drilled in us all at an early age. You see it in your families. I see my family take care of their own, and not only that, we help take care of each other.”
Henry said he has hoped to use his council position to give back to the Choctaw Nation and to “pay it forward” for the next generation of Choctaw citizens. If reelected, Henry pledged to expand access to affordable housing, health care services and nutrition programs for Choctaw children and elders, according to his candidate biography.
Marshall has centered his candidacy on promoting transparency and safety within District 4. In a June 25 Facebook post, Marshall pledged to be accountable and accessible to District 4 residents.
“To be respected and to be a man of good character, be honest and truthful,” Marshall wrote. “If elected, I shall not betray that trust you will have given me.”
In his candidate biography, Marshall also said he would seek to promote tribal sovereignty while restoring “positive relationships with other tribal, local, state and federal governments.” If elected, Marshall also said he would demand a “safe atmosphere and protection” for Choctaw citizens.
