# Oneida Business Committee (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A21b36b3455d0bafc ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 150 ~ Oneida Nation Oneida Business Committee Legislative Operating Committee 000000 PO Box 365 • Oneida, WI 54155‐0365 ONEIDA Oneida‐nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED Business Committee Conference Room - 2nd Floor Norbert Hill Center June 18, 2025 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. May 21, 2025 LOC Meeting Minutes (pg. 2) III. Current Business 1. Landlord Tenants Law Amendments (pg. 4) 2. Election Law Emergency Amendments (pg. 40) 3. Hunting, Fishing, and Trapping Law Amendments (pg. 80) 4. Petition: S. Benton – Personnel Policies and Procedures Amendments #2025-01 (pg. 124) 5. Petition: S. Benton – Trial Court Rules Amendments #2025-02 (pg. 134) IV. New Submissions V. Additions VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 150 Oneida Nation ~ Oneida Business Committee Legislative Operating Committee OODDDO PO Box 365 • Oneida, WI 54155‐0365 ONEIDA Oneida‐nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center May 21, 2025 9:00 a.m. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby Metoxen, Jonas Hill Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz Others Present on Microsoft Teams: David P. Jordan, Rae Skenandore, Eric Boulanger, Katsitsiyo Danforth, Kristal Hill, Fawn Cottrell, Ralinda Ninham-Lamberies, Kaylynn Gresham, Fawn Billie, Shannon Stone, Nicole Rommel, Heidi Janowski, Melissa Alvarado, Tavia JamesCharles, Mark Powless, Taryn Webster, Leslie Lamberies, Daniel Habeck, Peggy Helm-Quest, Jason Martinez, Diana Taubel, Peggy Van Gheem, Candace House, Ronald Vanschyndel I. Call to Order and Approval of the Agenda Jameson Wilson called the May 21, 2025, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Jennifer Webster to adopt the agenda with one addition: V.1 Rescheduled Summer LOC Community Meeting Notice; seconded by Jonas Hill. Motion carried unanimously. II. Minutes to be Approved 1. May 7, 2025 LOC Meeting Minutes Motion by Jennifer Webster to approve the May 7, 2025 LOC meeting minutes and forward to the Oneida Business Committee; seconded by Marlon Skenandore. Motion carried unanimously. III. Current Business 1. Hunting, Fishing, and Trapping Law Amendments Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded by Jonas Hill. Motion carried unanimously. 2. Landlord Tenant Law Amendments Motion by Kirby Metoxen to approve the updated public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Landlord Tenant law; seconded by Jennifer Webster. Motion carried unanimously. ~ GOOOQO; A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of May 21, 2025 Page 1 of 2 ONEIDA 3 of 150 Motion by Jennifer Webster to approve the fiscal impact statement request memorandum and forward the materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by June 6, 2025; seconded by Marlon Skenandore. Motion carried unanimously. 3. Workplace Violence Law Amendments Motion by Jennifer Webster to accept the updated draft and legislative analysis and defer to a work meeting to address the potential conflict before a public meeting is held; seconded by Kirby Metoxen. Motion carried unanimously. IV. New Submissions 1. Election Law Emergency Amendments Motion by Jennifer Webster to approve the request to process emergency amendments to the Election Law, noting Election Law Amendments are already on the Active Files List; seconded by Jonas Hill. Motion carried unanimously. V. Additions 1. Rescheduled Summer LOC Community Meeting Notice Motion by Jennifer Webster to approve the updated LOC Summer Community Meeting Notice and reschedule the Summer LOC Community Meeting to be held on June 18, 2025; seconded by Jonas Hill. Motion carried unanimously. VI. Administrative Updates VII. Executive Session VIII. Adjourn Motion by Jonas Hill to adjourn at 9:41 a.m.; seconded by Marlon Skenandore. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of May 21, 2025 Page 2 of 2 4 of 150 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov "' GDOOOO ONEIDA Legislative Operating Committee June 18, 2025 Landlord-Tenant Law Amendments Submission Date: 2/21/24 Public Meeting: 3/14/25 Emergency Enacted: n/a Expires: n/a LOC Sponsor: Jonas Hill Summary: This item was added to the Active Files List on February 21, 2024, per the request of the Oneida Law Office, for the purpose of making the Landlord Tenant law generally applicable to all landlords, not just the Nation as a landlord, and fully assert the Nation’s jurisdiction within the Reservation boundaries. 2/21/24 LOC: Motion by Kirby Metoxen to add the Landlord Tenant law amendments to the Active Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried unanimously. 3/20/24: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore, Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of this work session was for the LOC to discuss and determine a priority for this legislative item. 5/28/24: Work Meeting. Present: Krystal John, Grace Elliott. The purpose of this meeting was to outline the main amendments being sought. 7/11/24: Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Krystal John, Lisa Rauschenbach, Michelle Hill, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen Perkins, Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting was to identify any areas of the Landlord Tenant law that may benefit from amendments. 8/1/24: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen Perkins, Mark Powless, Derick Denny, Krystal John, Scott Denny, Grace Elliott. The purpose of this meeting was to continue reviewing the Landlord Tenant law for any recommended amendments. Page 1 of 2 A good mind. A good heart. A strong fire. 5 of 150 8/23/24: Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Clorissa Leeman, Carolyn Salutz, Maureen Perkins, Fawn Billie. The purpose of this meeting was to address a final question about the proposed amendments to the Law. 12/18/24: Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster, Kirby Metoxen, Clorissa Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell, Maureen Perkins, Grace Elliott. The purpose of this meeting was to review inconsistencies in the law that were identified in the legislative analysis and gather direction on next steps. 2/5/25 LOC: Motion by Jonas Hill to accept the Landlord Tenant law Amendments Legislative Analysis and approve the public meeting packet for amendments to the Landlord Tenant law and forward to a public meeting to be held on March 14, 2025; seconded by Jennifer Webster. Motion carried unanimously. 3/14/25: Public Meeting Held. Present: Marlon Skenandore, Clorissa Leeman, Grace Elliott, Carolyn Salutz, Jason King, Katsitsiyo Danforth, Kimberly Skenandore Goodrich, Kristal Hill, Hon. Patricia Hoeft, Shannon Stone, Stephanie Smith, Brittany Smith, Sky Gonzalez, Mary Ann Peters. No individuals provided oral comments during this public meeting. 3/21/25: Public Comment Period Closed. One (1) person provided written comments during this public comment period. 5/7/25 LOC: Motion by Jennifer Webster to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Kirby Metoxen. Motion carried unanimously. 5/7/25: Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott, Fawn Billie, Fawn Cottrell, Fawn Billie. The purpose of this meeting was for the LOC to fully consider the comments received on the proposed Landlord Tenant law amendments. 5/21/25 LOC: Motion by Kirby Metoxen to approve the updated public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Landlord Tenant law; seconded by Jennifer Webster. Motion carried unanimously. Motion by Jennifer Webster to approve the fiscal impact statement request memorandum and forward the materials to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by June 6, 2025; seconded by Marlon Skenandore. Motion carried unanimously Next Steps: ▪ Approve the adoption packet for the proposed amendments to the Landlord Tenant Law and forward to the Oneida Business Committee for consideration. Page 2 of 2 " 000000 A good mind. A good heart. A strong fire. ONEIDA 6 of 150 Oneida Nation =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Oneida Business Committee Jameson Wilson, LOC Chairperson June 25, 2025 Adoption of Amendments to the Landlord Tenant Law Please find the following attached backup documentation for your consideration of the adoption of amendments to the Landlord Tenant Law: 1. 2. 3. 4. 5. 6. Resolution: Amendments to the Landlord Tenant Law Statement of Effect: Amendments to the Landlord Tenant Law Landlord Tenant Law Amendments Legislative Analysis Landlord Tenant Law Amendments Draft (Redline) Landlord Tenant Law Amendments Draft (Clean) Landlord Tenant Law Amendments Fiscal Impact Statement Overview The purpose of the Landlord Tenant Law is to provide mechanisms for protecting the rights of the landlords and tenants on all land owned by the Nation or members of the Nation within the Reservation boundaries. [6 O.C. 611.1-1]. Amendments to the Landlord Tenant Law are being sought to:      Expand the scope of the law to include all land owned by the Nation or members of the Nation within the Reservation boundaries instead of only to the Nation’s rental programs. [6 O.C. 611.11]. Expand the Nation’s policy of providing a fair process to landlords and tenants of the Nation’s rental programs to include all residents of the Nation. [6 O.C. 611.1-2]. Expand the definition of landlord to include any person or entity within the Nation’s jurisdiction, instead of limiting it to the Nation acting in its capacity as the landlord. [6 O.C. 611.3-1(b)]. Redefine “rule” to grant rulemaking authority solely to the Comprehensive Housing Division instead of jointly to the Land Commission and the Comprehensive Housing Division. [6 O.C. 611.3-1(g)]. The Land Commission’s rulemaking authorities are eliminated as follows: • Naming programs and providing specific requirements and regulations that apply to said programs. [6 O.C. 611.10-1] • Disposition of personal property on Tribal land. [6 O.C. 611.5-2(c)]. • How and when rent shall be decreased due to untenability. [6 O.C. 611.5-3(c)(2)]. • Governing the selection of applicants for the issuance of rental agreements. [current 6 O.C. 611.4-3]. Remove rulemaking authority over applicant selection for the issuance of rental agreements from both the Land Commission and the Comprehensive Housing Division. current 6 O.C. 611.4-3]. Page 1 of 3 A good mind. A good heart. A strong fire. 7 of 150         Organize the law to flow from general to specific in accordance with the Legislative Procedures Act. [1 O.C. 109.11-1(d)]. The Rental Program section is limited to rental programs managed by the Comprehensive Housing Division, these programs now occupy a subset of landlord tenant relationships under the proposed amendments expanded scope of landlord tenant relationships. [6 O.C. 611.1-1]. Therefore, the Rental Program section is moved from the beginning of the law to the end. [current 6 O.C. 611.4]. [proposed 6 O.C. 611.10]. Clarify that rental agreements shall state that nothing in the agreement may be considered a waiver of the Nation’s sovereign immunity when the Nation is acting in its capacity as a landlord. [6 O.C. 611.4-2(a)(5)]. Clarify that all landlords or their staff must keep a written log of the date and the work time expended storing and/or removing personal property and/or removing debris left at the property after the expiration of the timeframe provided in the order to vacate. [6 O.C. 611.5-2(b)]. Remove language applying any section of this law to leases. [6 O.C. 611.5-3]. Clarify that a landlord may bring an action for eviction when it is authorized by the Eviction and Termination law based on contacts with an entity for law enforcement services, health services, or safety services. [6 O.C. 611.4-(b)(1)(C)]. Provide that when the Nation is the landlord, and a property has become untenable due to damage by fire, water or other casualty, or because of any condition hazardous to health, or if there is a substantial violation of 611.5-3(a) materially affecting the health and safety of the tenant, alternative housing shall be provided if it is reasonably available. [6 O.C. 611.5-3(c)(4)]. Expand protections provided to a child of a tenant to a child of the household when the landlord is presented with documentation of any of the following: • An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant; • An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child from a co-tenant, based on the co-tenant’s engaging in an act that would constitute sexual assault under Wis. Stat. 940.225, 948.02 and 948.025; • A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the child. [6 O.C. 611.6-1(b), (c), (e), and (f)]. Make other minor drafting changes throughout the Law. The Legislative Operating Committee developed the proposed amendments to the Landlord Tenant Law through collaboration with representatives from the Comprehensive Housing Division, Oneida Law Office, Land Management, and General Manager. The Legislative Operating Committee held seven (7) work meetings on the development of the amendments to the Landlord Tenant Law. The development of the amendments to the Landlord Tenant Law complies with all processes and procedures required by the Legislative Procedures Act, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. The Legislative Operating Committee held a public meeting on the proposed amendments to the Landlord Tenant Law on March 14, 2025. No individuals provided public comments during this public meeting. The public comment period was then held open until March 21, 2025. One (1) individual provided written comments during the public comment period. Page 2 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA 8 of 150 The amendments to the Landlord Tenant Law will become effective immediately, June 25, 2025. Requested Action Adopt the Resolution: Amendments to the Landlord Tenant Law. Page 3 of 3 A good mind. A good heart. A strong fire. ~ ONEIDA Oneida Nation 9 of 150 Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Oneida, WI 54155 BC Resolution # Amendments to the Landlord Tenant Law WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Landlord Tenant Law (“the Law”) was adopted by the Oneida Business Committee through resolution BC-10-12-16-C, and amended by resolution BC-12-13-17-D; and WHEREAS, the purpose of this Law is to provide mechanisms for protecting the rights of the landlords and tenants on all land owned by the Nation or members of the Nation within the Reservation boundaries; and WHEREAS, the amendments to the Law expand the scope of the law to include all land owned by the Nation or members of the Nation within the Reservation boundaries instead of only to the Nation’s rental programs; and WHEREAS, the amendments to the Law expand the Nation’s policy of providing a fair process to landlords and tenants of the Nation’s rental programs to include all residents of the Nation; and WHEREAS, the amendments to the Law expand the definition of landlord to include any person or entity within the Nation’s jurisdiction, instead of limiting it to the Nation acting in its capacity as the landlord; and WHEREAS, the amendments to the Law redefine “rule” to grant rulemaking authority solely to the Comprehensive Housing Division instead of jointly to the Land Commission and the Comprehensive Housing Division; and WHEREAS, the amendments to the Law remove rulemaking authority over applicant selection for the issuance of rental agreements from both the Land Commission and the Comprehensive Housing Division; and WHEREAS, the amendments to the Law organize the law to flow from general to specific in accordance with the Legislative Procedures Act; and WHEREAS, the amendments to the Law clarify that rental agreements shall state that nothing in the agreement may be considered a waiver of the Nation’s sovereign immunity when the Nation is acting in its capacity as a landlord; and WHEREAS, the amendments to the Law clarify that all landlords or their staff must keep a written log of the date and the work time expended storing and/or removing personal property and/or 10 of 150 BC Resolution _____________ Amendments to the Landlord Tenant Law Page 2 of 2 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 removing debris left at the property after the expiration of the timeframe provided in the order to vacate; and WHEREAS, the amendments to the Law remove language applying any section of this law to leases; and WHEREAS, the amendments to the Law clarify that a landlord may bring an action for eviction when it is authorized by the Eviction and Termination law based on contacts with an entity for law enforcement services, health services, or safety; and WHEREAS, the amendments to the Law provide that when the Nation is the landlord, and a property has become untenable due to damage by fire, water or other casualty, or because of any condition hazardous to health, or if there is a substantial violation of 611.5-3(a) materially affecting the health and safety of the tenant, alternative housing shall be provided if it is reasonably available; and WHEREAS, the amendments to the Law Expand protections provided to a child of a tenant to a child of the household when the landlord is presented with documentation of any of the following: • An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant; • An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child from a co-tenant, based on the co-tenant’s engaging in an act that would constitute sexual assault under Wis. Stat. 940.225, 948.02 and 948.025; • A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the child. [6 O.C. 611.6-1(b), (c), (e), and (f)]; and WHEREAS, the Legislative Operating Committee developed the proposed amendments to the Law through collaboration with representatives from the Comprehensive Housing Division, Land Management, Oneida Law Office, General Manager; and WHEREAS, in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact statement were completed for the proposed amendments to the Law; and WHEREAS, the Legislative Operating Committee held a public meeting on the proposed amendments to the Law on March 14, 2025, with no individuals providing oral comments, and the public comment period for the amendments to this Law was held open until March 21, 2025, with one (1) individual providing written comments; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments to the Landlord Tenant Law, now known as the Landlord Tenant Law, which shall become effective on June 25, 2025. 11 of 150 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA Statement of Effect Amendments to the Landlord Tenant Law Summary This resolution adopts amendments to the Landlord Tenant Law. Submitted by: Grace L. Elliott, Staff Attorney, Legislative Reference Office Date: June 18, 2025 Analysis by the Legislative Reference Office This resolution adopts amendments to the Landlord Tenant Law. The purpose of the Landlord Tenant Law is to provide mechanisms for protecting the rights of the landlords and tenants on all land owned by the Nation or members of the Nation within the Reservation boundaries. [6 O.C. 611.1-1]. Amendments to the Landlord Tenant Law are being sought to: ▪ ▪ ▪ ▪ ▪ ▪ Expand the scope of the law to include all land owned by the Nation or members of the Nation within the Reservation boundaries instead of only to the Nation’s rental programs. [6 O.C. 611.11]. Expand the Nation’s policy of providing a fair process to landlords and tenants of the Nation’s rental programs to include all residents of the Nation. [6 O.C. 611.1-2]. Expand the definition of landlord to include any person or entity within the Nation’s jurisdiction, instead of limiting it to the Nation acting in its capacity as the landlord. [6 O.C. 611.3-1(b)]. Redefine “rule” to grant rulemaking authority solely to the Comprehensive Housing Division instead of jointly to the Land Commission and the Comprehensive Housing Division. [6 O.C. 611.3-1(g)]. The Land Commission’s rulemaking authorities are eliminated as follows: • Naming programs and providing specific requirements and regulations that apply to said programs. [6 O.C. 611.10-1] • Disposition of personal property on Tribal land. [6 O.C. 611.5-2(c)]. • How and when rent shall be decreased due to untenability. [6 O.C. 611.5-3(c)(2)]. • Governing the selection of applicants for the issuance of rental agreements. [current 6 O.C. 611.4-3]. Remove rulemaking authority over applicant selection for the issuance of rental agreements from both the Land Commission and the Comprehensive Housing Division. current 6 O.C. 611.4-3]. Organize the law to flow from general to specific in accordance with the Legislative Procedures Act. [1 O.C. 109.11-1(d)]. The Rental Program section is limited to rental programs managed by the Comprehensive Housing Division, these programs now occupy a subset of landlord tenant relationships under the proposed amendments expanded scope of landlord tenant relationships. [6 O.C. 611.1-1]. Therefore, the Rental Program section is moved from the beginning of the law to the end. [current 6 O.C. 611.4]. [proposed 6 O.C. 611.10]. Page 1 of 2 A good mind. A good heart. A strong fire. 12 of 150 ▪ ▪ ▪ ▪ ▪ ▪ Clarify that rental agreements shall state that nothing in the agreement may be considered a waiver of the Nation’s sovereign immunity when the Nation is acting in its capacity as a landlord. [6 O.C. 611.4-2(a)(5)]. Clarify that all landlords or their staff must keep a written log of the date and the work time expended storing and/or removing personal property and/or removing debris left at the property after the expiration of the timeframe provided in the order to vacate. [6 O.C. 611.5-2(b)]. Remove language applying any section of this law to leases. [6 O.C. 611.5-3]. Clarify that a landlord may bring an action for eviction when it is authorized by the Eviction and Termination law based on contacts with an entity for law enforcement services, health services, or safety services. [6 O.C. 611.4-(b)(1)(C)]. Provide that when the Nation is the landlord, and a property has become untenable due to damage by fire, water or other casualty, or because of any condition hazardous to health, or if there is a substantial violation of 611.5-3(a) materially affecting the health and safety of the tenant, alternative housing shall be provided if it is reasonably available. [6 O.C. 611.5-3(c)(4)]. Expand protections provided to a child of a tenant to a child of the household when the landlord is presented with documentation of any of the following: • An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant; • An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child from a co-tenant, based on the co-tenant’s engaging in an act that would constitute sexual assault under Wis. Stat. 940.225, 948.02 and 948.025; • A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the child. [6 O.C. 611.6-1(b), (c), (e), and (f)]. Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”), which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.11]. The Landlord Tenant Law amendments complied with all processes and procedures required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8]. The Legislative Operating Committee held a public meeting on the proposed amendments to the Landlord Tenant Law on March 14, 2025. No individuals provided public comments during this public meeting. The public comment period was then held open until March 21, 2025. One (1) individual provided written comments during this public comment period. The amendments to the Landlord Tenant Law will become effective immediately on June 25, 2025. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 13 of 150 Analysis to Draft 1 2025 06 18 LANDLORD TENANT LAW AMENDMENTS LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Legislation or Amendments Analysis by the Legislative Reference Office ▪ Expand the scope of the law to include all land owned by the Nation or members of the Nation within the Reservation boundaries instead of only to the Nation’s rental programs. [6 O.C. 611.1-1]. ▪ Expand the Nation’s policy of providing a fair process to landlords and tenants of the Nation’s rental programs to include all residents of the Nation. [6 O.C. 611.1-2]. ▪ Expand the definition of landlord to include any person or entity within the Nation’s jurisdiction, instead of limiting it to the Nation acting in its capacity as the landlord. [6 O.C. 611.3-1(b)]. ▪ Redefine “rule” to grant rulemaking authority solely to the Comprehensive Housing Division instead of jointly to the Land Commission and the Comprehensive Housing Division. [6 O.C. 611.3-1(g)]. The Land Commission’s rulemaking authorities are eliminated as follows: • Naming programs and providing specific requirements and regulations that apply to said programs. [6 O.C. 611.10-1] • Disposition of personal property on Tribal land. [6 O.C. 611.52(c)]. • How and when rent shall be decreased due to untenability. [6 O.C. 611.5-3(c)(2)]. • Governing the selection of applicants for the issuance of rental agreements. [current 6 O.C. 611.4-3]. ▪ Remove rulemaking authority over applicant selection for the issuance of rental agreements from both the Land Commission and the Comprehensive Housing Division. [current 6 O.C. 611.4-3]. ▪ Organize the law to flow from general to specific in accordance with the Legislative Procedures Act. [1 O.C. 109.11-1(d)]. The Rental Program section is limited to rental programs managed by the Comprehensive Housing Division, these programs now occupy a subset of landlord tenant relationships under the proposed amendments expanded scope of landlord tenant relationships. [6 O.C. 611.1-1]. Therefore, the Rental Program section is moved from the beginning of the law to the end. [current 6 O.C. 611.4]. [proposed 6 O.C. 611.10]. ▪ Clarify that rental agreements shall state that nothing in the agreement may be considered a waiver of the Nation’s sovereign immunity when the Nation is acting in its capacity as a landlord. [6 O.C. 611.4-2(a)(5)]. ▪ Clarify that all landlords or their staff must keep a written log of the date and the work time expended storing and/or removing personal property and/or removing debris left at the property after the expiration of the timeframe provided in the order to vacate. [6 O.C. 611.5-2(b)]. Page 1 of 8 14 of 150 Analysis to Draft 1 2025 06 18 ▪ Purpose Affected Entities Related Legislation Enforcement Due Process Public Meeting Remove language applying any section of this law to leases. [6 O.C. 611.53]. ▪ Clarify that a landlord may bring an action for eviction when it is authorized by the Eviction and Termination law based on contacts with an entity for law enforcement services, health services, or safety services. [6 O.C. 611.4(b)(1)(C)]. ▪ Provide that when the Nation is the landlord, and a property has become untenable due to damage by fire, water or other casualty, or because of any condition hazardous to health, or if there is a substantial violation of 611.53(a) materially affecting the health and safety of the tenant, alternative housing shall be provided if it is reasonably available. [6 O.C. 611.53(c)(4)]. ▪ Expand protections provided to a child of a tenant to a child of the household when the landlord is presented with documentation of any of the following: • An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant; • An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child from a co-tenant, based on the cotenant’s engaging in an act that would constitute sexual assault under Wis. Stat. 940.225, 948.02 and 948.025; • A criminal complaint filed under Wis. Stat. 940.32 alleging the cotenant stalked the child. [6 O.C. 611.6-1(b), (c), (e), and (f)]. ▪ Make other minor drafting changes throughout the Law. The purpose of this law is to provide mechanisms for protecting the rights of the landlords and tenants on all land owned by the Nation or members of the Nation within the Reservation boundaries. [6 O.C. 611.1-1]. The Comprehensive Housing Division, Land Commission, Oneida Tribal members, their spouses and occupants who rent and occupy premises under this law, and all landlords leasing land from the Nation and their tenants. Administrative Rulemaking law, Building Code, Leasing law, Eviction and Termination law, Judiciary law, Oneida Judiciary Rules of Civil Procedure, Pardon and Forgiveness law, Real Property law and Zoning and Shoreline Protection Ordinance. The Landlord-Tenant law delegates authority to the CHD to develop rules, pursuant to the Administrative Rulemaking law, as well as citation fees and penalty schedules, for the implementation, interpretation and/or enforcement of the law. [6 O.C. 611.3-1(g)]. No administrative hearing body, including a board, committee or commission, is authorized to hear a complaint regarding actions taken under the law and/or rental agreement; [6 O.C. 611.9-2]. Where the Nation is the landlord, any complaint filed with the judiciary shall name the Comprehensive Housing Division and the specific program. [6 O.C. 611.9-3]. A pardon or forgiveness received pursuant to the Pardon and forgiveness law may provide an exception to the condition that a rental program an applicant must have no felony or drug convictions within the past two (2) years from the date of application. [6 O.C. 611.10-2(b)]. The Oneida Judiciary is granted jurisdiction to hear complaints filed under the law and/or a rental agreement. [6 O.C. 611.9-1]. A public meeting was held on March 14, 2025. The public comment period was then held open until March 21, 2025. Page 2 of 8 15 of 150 Analysis to Draft 1 2025 06 18 Fiscal Impact A fiscal impact statement was provided by the Finance Department on June 2, 2025. 1 SECTION 2. LEGISLATIVE DEVELOPMENT 2 3 4 5 6 7 8 9 10 11 A. Background. The Landlord Tenant law was originally adopted by the Oneida Business Committee by motion on October 12, 2016, and then through resolutions BC-10-12-16-C, and BC-12-13-17-D. The Landlord Tenant law provides mechanisms for protecting the rights of landlords and tenants on all lands owned by the Nation or members of the Nation within the Reservation boundaries. [6 O.C. 611.1-1]. B. Request for Amendments. This item was added to the Active Files List on February 21, 2024, at the request of the Oneida Law Office for the purpose of making the Landlord Tenant law generally applicable to all landlords, not just the Nation as landlord, and assert the Nation’s jurisdiction within the Reservation boundaries. The sponsor of the Landlord Tenant law amendments is Councilman Jonas Hill. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTION 3. CONSULTATION AND OUTREACH 30 SECTION 4. PROCESS 31 32 33 34 35 36 37 38 A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act. ▪ On February 21, 2024, the Legislative Operating Committee added this Law to its Active Files List for amendments. ▪ On September 18, 2024, the Legislative Operating Committee approved the draft of the Landlord Tenant law amendments and directed that a legislative analysis be developed. ▪ On February 5, 2025, the Legislative Operating Committee accepted the Landlord Tenant law amendments Legislative Analysis and approved the public meeting packet for amendments to the Landlord Tenant law. ▪ • Representatives from the following departments or entities participated in the development of the amendments to this Law and legislative analysis: ▪ Comprehensive Housing Division (CHD); ▪ Oneida Law Office; ▪ Land Management; and ▪ General Manager. The following laws of the Nation were reviewed in the drafting of this analysis: ▪ Eviction and Termination law; ▪ Real Property law; ▪ Leasing law; ▪ Administrative Rulemaking law; ▪ Pardon and Forgiveness law; ▪ Building Code; ▪ Zoning and Shoreline Protection Ordinance; ▪ Judiciary law; and ▪ Oneida Judiciary Rules of Civil Procedure. Page 3 of 8 16 of 150 Analysis to Draft 1 2025 06 18 ▪ 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 On March 14, 2025, the Legislative Operating Committee held a Public Comment Meeting. No individuals provided oral comments during the public meeting. ▪ The public comment period was then held open until March 21, 2025. One (1) person provided written comments. ▪ On May 7, 2025, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration. The Legislative Operating Committee then reviewed and considered those comments that same day. ▪ On May 21, 25, the Legislative Operating Committee approved the updated public comment review memorandum, draft, and legislative analysis for the proposed amendments to the Landlord Tenant law, and the fiscal impact statement request memorandum and forwarded the materials to the Finance Department directing that fiscal impact statement be prepared and submitted to the LOC by June 6, 2025. B. At the time this legislative analysis was developed the following work meetings had been held regarding the development of the amendments to this law: ▪ March 20, 2024: LOC work session; ▪ May 28, 2024: LOC work session with the Oneida Law office; ▪ July 11, 2024: LOC work session with the Oneida Law Office, Land Management, and the Comprehensive Housing Division; ▪ August 1, 2024: LOC work session with the Oneida Law Office, Land Management, Comprehensive Housing Division, and the General Manager; ▪ August 23, 2024: LOC work session; ▪ December 18, 2024: LOC work session. ▪ May 7, 2025: LOC work session. 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 SECTION 5. CONTENTS OF THE LEGISLATION A. Who the Law applies to. The proposed amendments to the Law expand its application to cover all land owned by the Nation or its members instead of only to the Nation’s rental programs. [6 O.C. 611.1-1]. The Law currently only applies to the Nation’s rental programs. [6 O.C. 611.1-1]. ▪ Effect. The proposed amendments to the Law apply the Law to all land owned by the Nation or its members regardless of who the landlord is. This expands the Nation’s exercise of sovereignty within Reservation boundaries. B. Redefining landlord. The proposed amendments to the Law define landlord to mean any person or entity within the Nation’s jurisdiction in their capacity to rent real property subject to a rental agreement. [6 O.C. 611.3-1(b)]. Currently, the definition of landlord is limited to the Nation acting in its capacity to rent real property subject to a rental agreement. [6 O.C. 611.3-1(b)]. ▪ Effect. The proposed amendments to the Law will apply the Law to all landlord-tenant relationships occurring on land owned by the Nation or its members regardless of whether the relationship is based on one of the Nation’s rental programs. The reach of the Law is increased to cover all land owned by the Nation or its members regardless of who the landlord is. This expands the Nation’s exercise of sovereignty within the Reservation boundaries. C. Compliance with the Eviction and Termination law. The proposed amendments to the Law align the Landlord Tenant law with the Eviction and Termination law by clarifying that a landlord may take action to evict or threaten to evict based on a tenant’s contacts with an entity for law enforcement Page 4 of 8 17 of 150 Analysis to Draft 1 2025 06 18 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 services, health services or safety services as long as it is authorized by the Eviction and Termination law. [6 O.C. 611.4-2(b)(1)(C)]. The Law currently renders void and unenforceable any rental agreement that allows a landlord to increase rent, decrease services, evict or threaten to evict, or refuse to renew a rental agreement based on tenant contacts with an entity for law enforcement services, health services, or safety services. [6 O.C. 611.4-2(b)(1)(A), (B),(C), or (D)]. ▪ Effect. A landlord may act to evict a tenant based on contacts with an entity for law enforcement services, health services or safety services when it is authorized by the Eviction and Termination law. D. Alternate housing. The proposed amendments to the Law provide that when the Nation is the landlord, and the property has become untenable due to damage by fire, water or other casualty, or because of any condition hazardous to health, or if there is a substantial violation of 611.5-3(a) alternate housing will be provided when it is reasonably available. [6 O.C. 611.5-3(c)(4)]. ▪ Effect. When the Nation is the landlord, and a property has become untenable due to due to damage by fire, water or other casualty, or because of any condition hazardous to health, or if there is a substantial violation of 611.5-3(a), the Nation will provide the tenant with alternative housing if it is reasonably available. [6 O.C. 611.5-3(c)(4)]. E. Protection of children in the household. The proposed amendments to the Law expand protections provided to a child of a tenant, to a child of the household, when the landlord is presented with documentation of any of the following: ▪ An injunction order under Wis. Stat. 813.122 protecting a child from a co-tenant; ▪ An injunction order or criminal complaint filed under Wis. Stat. 813.125(4) protecting a child from a co-tenant, based on the co-tenant’s engaging in an act that would constitute sexual assault under Wis. Stat. 940.225, 948.02 and 948.025; ▪ A criminal complaint filed under Wis. Stat. 940.32 alleging the co-tenant stalked the child. [6 O.C. 611.6-1(b), (c), (e), and (f)]. ▪ Effect. The proposed amendments to the Law expand protections provided to children of a tenant to all children of the household. Protections apply to any child living in the household regardless of whether that child is a child of a tenant. F. Eliminate the Land Commission’s rulemaking authority. The proposed amendments to the Law remove the Land Commission from all rulemaking authority delegated via this Law. Specific removals include naming programs and providing specific requirements and regulations that apply to said programs; disposition of personal property on tribal land; determining how and when rent is decreased due to untenability, and the selection of applicants for the issuance of rental agreements. [6 O.C. 6113(g); current 611.4-1; 611.5-2(c); 611.5-3; current 611.4-3]. Rulemaking authority over applicant selection and the issuance of rental agreements is also removed from both the Land Commission and the Comprehensive Housing Division. [current 6 O.C. 611.4-3]. ▪ Effect. The Comprehensive Housing Division will have sole authority to develop rules pursuant to this Law. G. Eliminate all rulemaking authority over applicant selection and the issuance of rental agreements. Rulemaking authority over applicant selection and the issuance of rental agreements is removed from both the Land Commission and the Comprehensive Housing Division. [current 6 O.C. 611.4-3]. ▪ Effect. Applicant selection will be determined by program criteria as applicable. H. Other Amendments. Overall, a variety of other amendments and revisions were made to the Law to address formatting, drafting style, and organization that did not affect the substance of the Law. Page 5 of 8 18 of 150 Analysis to Draft 1 2025 06 18 127 SECTION 6. EXISTING LEGISLATION 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 A. Related legislation. The following laws of the Nation are related to the proposed amendments to this Law: ▪ Eviction and Termination Law. The purpose of the Eviction and Termination Law is to provide consistent procedures for terminating contracts and evicting occupants under the Nation’s rental and/or leasing programs that include due process and protects for all parties involved. [6 O.C. 610.1-1]. The law’s underlying policy is to “provide fair termination and eviction processes that preserves the peace, harmony, safety, health, general welfare and the Nation’s resources.” [6 O.C. 610.1-2]. ▪ According to the Eviction and Termination law, the Nation, as the owner or landlord, may terminate a contract prior to the contract term and evict the occupant, if the occupant: ▪ Violates the terms of the contract; ▪ Is alleged to have violated any applicable law or rule; and/or ▪ Is alleged to have committed one or more nuisance activities. [6 O.C. 610.5-1]. ▪ The law defines nuisance as an occupant’s interference with another occupant’s use and enjoyment of the premises, including, but not limited to, harassment, disorderly conduct, battery, lewd and lascivious behavior, prostitution, theft, possession of stolen property, arson, illegal drug activity, gambling, animal violations, trespassing, weapons violations, habitual noise violations, execution of warrants, alcohol violations, obstruction/resisting and inspection related calls in which a law enforcement agency responds. [6 O.C. 610.31(e)]. ▪ Leasing Law. The purpose of the Leasing Law is to set forth the Nation’s authority to issue, review, approve, as well as enforce, leases and was established in accordance with the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2021 (HEARTH Act) so that the Nation can approve leases on its land without having to obtain additional approval from the Secretary of the Interior. [6 O.C. 602.1- 1]. The policy behind the law is to codify the expectations and responsibilities of the lessor and lessee when leasing Tribal land and to ensure that the leasing of Tribal land results in minimal risk to the Nation. [6 O.C. 602.1-2]. ▪ According to the Leasing Law leases approved under the Law are subject to all of the Nation’s laws, except to the extent those laws are inconsistent with applicable federal law. [6 O.C. 602.4-3]. Any landlord leasing land from the Nation through the Leasing Law is subject to all other laws of the Nation including the Eviction and Termination Law as well as the Landlord Tenant Law. ▪ Judiciary Law. The purpose of the Judiciary law is to establish a Judiciary, and to provide for the administration of law, justice, judicial procedures and practices by the Oneida Nation as a sovereign nation by exercising the inherent power to make, execute, apply and enforce its own law, and to apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.1-1]. ▪ This Law provides that the Oneida Judiciary is granted jurisdiction to hear complaints filed under the law and/or a rental agreement. [6 O.C. 611.9-1]. ▪ Real Property law. The purpose of the Real Property law is to provide regulations and procedures for the transfer, control and management of the territory within the Reservation and all Tribal land; to integrate these regulations and procedures with the real property laws and practices of other federal and state sovereigns which may hold jurisdiction within the Reservation; and to establish Page 6 of 8 19 of 150 Analysis to Draft 1 2025 06 18 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 ▪ ▪ licensing and certification requirements for the Nation’s employees dealing with real property transactions. [6 O.C. 601.1-1]. ▪ According to the Real Property Law the Comprehensive Housing Division oversees all residential transactions within the Reservation and shall administer such transactions using the applicable laws of the Nation including the Landlord Tenant law. [6 O.C. 601.12-1]. Administrative Rulemaking. The purpose of the Administrative Rulemaking law is to provide a process for the adoption of and amendments to the Nation’s administrative rules. [1 O.C. 106.1-1]. Its underlying policy is to ensure there exists an efficient, effective and democratic process for enacting and revising administrative rules, and that authorized agencies act in a responsible and consistent manner when enacting and revising administrative rules. [1 O.C. 106.1-2]. ▪ This Law delegates rulemaking authority solely to the Comprehensive Housing Division. ▪ Any rules promulgated by the Comprehensive Housing Division are required to be developed in accordance with the process and procedures of the Administrative Rulemaking law. Pardon and Forgiveness law. The purpose of the Law is to provide a fair, efficient and formal process by which: a member of the Nation may receive a pardon for the conviction of a crime; a member of the Nation may receive forgiveness for acts that render him or her ineligible for housing or other benefits through the Nation; and a member or non-member of the Nation may receive forgiveness for acts that render him or her ineligible to be employed with the Nation; receive a Nation-issued occupational license, certification or permit; and/or obtain housing or other benefits through the Nation [1 O.C. 126.1-1(a)]. ▪ This Law provides that in order to be eligible for a rental program an applicant must have no felony or drug convictions within the past two (2) years from the date of application, provided that a pardon or forgiveness received pursuant to the Pardon and forgiveness law may provide an exception to this condition. [6 O.C. 611.10-2(b)]. SECTION 7. ENFORCEMENT AND ACCOUNTABILITY A. The Landlord Tenant law delegates authority to the Comprehensive Housing Division to develop rules, pursuant to the Administrative Rulemaking law, as well as citation fees and penalty schedules, for the implementation, interpretation and/or enforcement of the law. [6 O.C. 611.3-1(g)]. B. The Landlord Tenant law provides a process for grieving decisions made by the Comprehensive Housing Division under its delegation of authority, said process is as follows: [6 O.C. 611.9]. ▪ That, the Oneida Judiciary is granted jurisdiction to hear complaints filed for actions taken under the law and/or rental agreement; [6 O.C. 611.9-1]. ▪ That, no administrative hearing body, including a board, committee or commission, is authorized to hear a complaint regarding actions taken under the law and/or rental agreement; [6 O.C. 611.92]. ▪ Where the Nation is the landlord, any complaint filed with the judiciary shall name the Comprehensive Housing Division and the specific program. [6 O.C. 611.9-3]. 209 210 211 212 SECTION 8. OTHER CONSIDERATIONS Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A Page 7 of 8 20 of 150 Analysis to Draft 1 2025 06 18 213 214 215 216 217 218 219 titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides further clarification on who the Legislative Operating Committee may direct complete a fiscal impact statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact statement. ▪ Conclusion. The Legislative Operating Committee received a fiscal impact statement from the Finance Department on June 2, 2025. Page 8 of 8 21 of 150 Draft 1 for OBC consideration (Redline to Current) 2025 06 18 Title 6. Property and Land- Chapter 611 Tsi> Yuhw Yuhwa=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have 102.1. 102.2. 102.3. 102.4. 102.5. 102.6. 102.7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Purpose and Policy Adoption, Amendment, Repeal Definitions Election Board Candidate Eligibility Selection of Candidates Notice of Polling Places 102.8. Registration of Voters 102.9. Election Process 102.10. Tabulating and Securing Ballots 102.11. Election Outcome and Ties 102.12. Elections 102.13. Oneida Nation Constitution and By-law Amendments 102.1. Purpose and Policy 102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of orderly elections of the Nation, including pre-election activities such as caucuses and nominations. Because of the desire for orderly and easily understood elections, there has not been an allowance made for write-in candidates on ballots. 102.1-2. This law defines the duties and responsibilities of the Election Board members and other persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all procedures used in the election process. 102.2. Adoption, Amendment, Repeal 102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A., and amended on an emergency basis by resolution BC-__-__-__-__. 102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding amendments to this law and policies adopted regarding implementation of this law are to be presented to the Business Committee who shall then adopt or forward action(s) to the General Tribal Council for adoption. 102.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 102.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 102.3. Definitions 102.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. 102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on the Election Board during an election and until election results have been certified. 102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for acceptance on a ballot. 102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding holidays of the Nation. 102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to support or reject a particular candidate of the Nation including, without limitation, advertising, rallying, public speaking, or other communications with members of the Nation. 1 O.C. 102 – page 1 51 of 150 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is placed on the ballot by the Election Board after successful application. 102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose of determining voter eligibility. 102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday. 102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political or otherwise, in which a Nation elected official, employee, consultant, appointed or elected, member of any board, committee or commission, or their immediate relatives, friends or associates, or any other person with whom they have contact, that conflicts with any right of the Nation to property, information, or any other right to own and operate its enterprises, free from undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in any law or policy of the Nation. 102.3-10. “Election” shall mean every primary and election. 102.3-11. “General election” shall mean the election held every three (3) years in July to elect the Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the Business Committee and may include contests for elected boards, committees and commissions positions. 102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of discrepancies, complaints and controversy regarding voter eligibility. 102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the Nation. 102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the winner of an elected position, in the case of a tie between two (2) or more candidates. 102.3-15. “Nation” means the Oneida Nation. 102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by the Nation for the benefit of transmitting news to members of the Nation, which is designated by the Election Board as a source for election related news. 102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a police officer on any police force. 102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential dwelling or a privately owned business within the boundaries of the Reservation. 102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida Community Health Center, the SEOTS building and all One-Stop locations. 102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18) years of age or older. 102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating machine. 102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred and is not tabulated. 102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots. 102.4. Election Board 1 O.C. 102 – page 2 52 of 150 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 Section A. Establishment, Composition and Election 102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this law and Article III, Sections 2 and 3 of the Oneida Nation Constitution. 102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be elected to terms of three (3) years, not to exceed two (2) consecutive terms. 102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an Election Board member in any pre-election, election day, or post-election activities while he or she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of interest. 102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member who is removed from the Election Board shall be ineligible to serve on the Board for three (3) years from the time he or she is removed from the Election Board. 102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed to correspond with the pre-election activities and the needs of the Election Board. 102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election. 102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to the Election Board, as recommended by the Election Board, to assist with election day and preelection activities. 102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in the By-laws of the Election Board, to preside over the meetings. This selection shall be carried out at the first meeting of the Election Board following an election. The Chairperson shall then ask the Election Board to select a Vice-Chairperson and Secretary. Section B. Duties of the Election Board 102.4-9. The Election Board shall have the following duties, along with other responsibilities listed throughout this law. (a) The Election Board shall be in charge of all registration and election procedures; and (b) Upon completion of an election, the Election Board shall make a final report on the election results as set out in this law. Section C. Specific Duties of Officers and Election Board Members 102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to being present at all Election Board meetings and assisting the handicapped through the voting process, are as set out herein: (a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing body for applicants found to be ineligible in accordance with 102.5-6 in the event of an appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust Enrollment Department personnel when their election day duties are complete; and shall post and report election results. (b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson. (c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s Secretary, other Election Board members and the public as required in the Open Records and Open Meetings Law. (d) Clerks: Shall implement the requirements of identifying and registering all voters and determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment 1 O.C. 102 – page 3 53 of 150 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 Department personnel in the registration process, and assist the Chairperson as directed in conducting the election. Clerks cannot be currently employed by the Trust Enrollment Department. (e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as determined by this law. Shall assist the Chairperson in conducting the election. (f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted under this law. In case of disputes among Election Board members, or between members of the Nation and Election Board members, or any controversy regarding voter eligibility, the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall also ensure that all ballots of voters whose eligibility may be in question, remain confidential. Section D. Compensation Rates 102.4-11. Election Board members are to be compensated at an hourly rate when conducting elections as provided for in the Election Board’s bylaws as approved by the Business Committee. The Election Board shall have a budget, approved through the Nation’s budgeting process. 102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be compensated at their regular rate of pay out of their respective budgets. 102.5. Candidate Eligibility Section A. Requirements 102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section in order to become a candidate. 102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall: (a) be an enrolled member of the Nation, as verified by membership rolls of the Nation. (b) be a qualified voter on the day of the election. (c) provide proof of physical residency as required for the position for which they have been nominated or for which they have petitioned. Proof of residency may be through one (1) or more of the following: (1) a valid Wisconsin driver’s license; (2) a bill or pay check stub showing name and physical address of the candidate from the prior or current month; (3) another form of proof that identifies the candidate and that the candidate has physically resided at the address and identifies that address as the primary residence. 102.5-3. No applicant may have a conflict of interest with the position for which they are being considered, provided that any conflict of interest which may be eliminated within thirty (30) calendar days of being elected shall not be considered as a bar to nomination or election. 102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be filed by presenting the information to the Nation’s Secretary, or designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the caucus. No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted. 102.5-5. The names of the candidates and the positions sought shall be a public record and made available to the public upon the determination of eligibility by the Election Board or the Board’s 1 O.C. 102 – page 4 54 of 150 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 designated agent. Section B. Eligibility Review 102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal. At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall select the hearing body. The hearing shall be held within two (2) business days of receipt of the appeal. The applicant shall be notified by phone of time and place of the hearing. The decision of the hearing body shall be sent via certified mail or hand delivery within two (2) business days of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the Judiciary on an accelerated schedule. 102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position shall be notified by certified mail return receipt requested. The notice shall provide the following information: (a) Position for which they were considered (b) Qualification of the position and citation of the source. (Copies of source may be attached.) (c) A brief summary explaining why the applicant was found to be ineligible. (d) That the applicant has two (2) business days from notification to make an appeal. Appeals must be filed at the location designated on the notice by hand delivery. The location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or other delivery method will be accepted. Section C. Campaign Financing 102.5-8. Contributions: (a) Solicitation of Contributions by Candidates. (1) Candidates shall only accept contributions from individuals who are members of the Nation or individuals related by blood or marriage to the candidate. Candidates may not accept contributions from any business, whether sole proprietorship, partnership, corporation, or other business entity. (2) Candidates shall not solicit or accept contributions in any office or business/facility of the Nation. (b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. 102.5-9. Campaign Signs and Campaigning: (a) Placement of campaign signs: (1) Campaign signs shall not be posted or erected on any property of the Nation except for private property with the owner/tenant’s permission. (2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum of seven (7) such signs may be placed on a building or on a lot. (3) No campaign sign shall project beyond the property line into the public right of way. (b) Removal of campaign signs. All campaign signs shall be removed within five (5) business days after an election. 1 O.C. 102 – page 5 55 of 150 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 (c) Employees of the Nation shall not engage in campaigning for offices of the Nation during work hours. The Nation’s employees shall be subject to disciplinary action under the personnel policies and procedures for political campaigning during work hours. (d) Enforcement. The Zoning Administrator shall cause to be removed any campaign signs that are not in compliance with this law, in accordance with the Zoning and Shoreland Protection Law. (e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. Section D. Candidate Withdrawal 102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by the candidate prior to submission of the ballot for printing to any Election Board member, excluding alternates. 102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the election by submitting in writing a statement indicating they are withdrawing from the election prior to the opening of the polls to any Election Board member, excluding alternates. This statement shall be posted alongside any sample ballot printed prior to the election in the newspaper or any posting at the polling places. 102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the Election Board members in charge of the polling place, to be removed from the ballot. The written statement shall be posted next to any posted sample ballot. 102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from which they have withdrawn regardless of the number of votes cast for that candidate. A written statement shall be considered the only necessary evidence of withdrawal and acceptance of denial of any position withdrawn from. 102.5-14. Candidate Withdrawal After Winning an Election. (a) In the event a candidate declines an office after winning an election, the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a Special Election shall be held. 2.6. Selection of Candidates Section A. Setting of Caucus 102.6-1. The Election Board shall be responsible for calling a caucus before any election is held. The caucus for the general election shall be held at least ninety (90) calendar days prior to the election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior to the election date. In a general election year, caucuses shall be combined so that candidates for the Business Committee and elected boards, committees and commissions are nominated at the same caucus. 102.6-2. The procedures for the caucus shall be as follows: (a) Candidates shall be nominated from the floor. (b) Candidates present at the caucus will accept/decline their nomination at the caucus. Candidates nominated at the caucus, but not present to accept the nomination, shall be required to follow the petition process. 1 O.C. 102 – page 6 56 of 150 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 (c) Nominations shall consist of the following positions: Chairperson, Vice-Chairperson, Treasurer, Secretary, Council Member and other elected positions as required by by-laws or creating documents of a board, committee, or commission. Section B. Petition 102.6-3. Any eligible member of the Nation may petition to be placed on a ballot according to the following procedures: (a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s original signatures; photocopies shall not be accepted. (b) Petitioners shall use an official petition form as designated by this law which may be obtained in the Office of the Nation’s Secretary or from the mailing for that caucus. (c) The petition form shall consist of each endorsee’s: (1) printed name and address; (2) date of birth; (3) Oneida Nation Enrollment Number; and (4) signature. (d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as defined under this law. (e) Petitions shall be presented to the Nation’s Secretary, or designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, but no later than prior to close of business five (5) business days after the caucus. The location to drop-off petitions shall be identified in the mailing identifying the caucus date. (f) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson the next business day following the close of petition submissions. (g) The Election Board shall have the Trust Enrollment Department verify all signatures contained on the petition. 102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a judicial court or commission, shall not run for more than one (1) elective office or seat per election. 102.7. Notice of Polling Places 102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of the polling places and the time the polls will be open. This notice shall also be posted in an easily visible position, close to the entrance of the Nation’s businesses/facilities. 102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the election, and shall remain posted until the poll closes on the day of the election. 102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation members, stating the time and place of the election and a sample of the ballot, no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior to the requested mailing. 102.7-4. Notice of the election shall be placed in the Nation’s newspaper. 102.8. Registration of Voters Section A. Requirements 102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years 1 O.C. 102 – page 7 57 of 150 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the Oneida Nation Constitution. Section B. Identification of Voters 102.8-2. All voters must present one of the following picture identifications in order to be able to vote: (a) Oneida Nation I.D. (b) Drivers License. (c) Other I.D. with name and photo. Section C. Registration Procedures 102.8-3. Voters shall physically register, on the day of the election, at the polls. 102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election Officials during the voting period. 102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration Form containing the voter’s following information: (a) name and maiden name (if any); (b) current address; (c) date of birth; and (d) enrollment number. Section D. Qualification/Verification of Voter Eligibility 102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote, the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with the Trust Enrollment Department personnel who are registering voters, to decide the voting member’s eligibility currently being questioned and shall make such decisions from the facts available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation Constitution, Article III Section 2, to vote in the Nation’s elections. 102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of the voter shall be written next to a numbered list which corresponds to the numbered and sealed envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box 413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they desire to challenge the decision made by the Election Officials. The Election Board shall make a final decision, within five (5) business days of receiving the appeal and shall report this decision in the final report sent to the Oneida Business Committee. 102.9. Election Process Section A. Polling Places and Times 102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections shall be held in the month of July on a date set by the General Tribal Council. The General Tribal Council shall set the election date at the January annual meeting, or at the first GTC meeting held during a given year. Special Elections shall be set in accordance with 102.12-6. 102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election 1 O.C. 102 – page 8 58 of 150 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 Board. 102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line to vote at 7:00 p.m. shall be allowed to vote. (a) If a ballot counting machine is used, the ballot counting machine shall be prepared prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four (4) members of the Nation verify, through signature on the tape, the ballot box is empty and the ballot counting machine printer tape has a zero (0) total count. 102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open, and until the counting of ballots is completed, and tentative results posted. 102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such that there is an area with at least two sides and a back enclosure. 102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of the voting area, excluding private property. 102.9-7. No one causing a disturbance shall be allowed in the voting area. 102.9-8. Election Board members may restrict the voting area to qualified voters only. This restriction is in the interest of maintaining security of the ballots and voting process. Section B. Ballot Box 102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and shall be locked until counting at the close of polls. Provided that, with electronic ballot counting, the ballots may be placed within the ballot counting machine as they are received. Section C. Spoiled Ballots 102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot. 102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials and placed in an envelope marked as "Spoiled Ballots." 102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15) calendar days following finalization of any challenge of the election, at the Records Management Department. Section D. Rejected Ballots 102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed. (a) Computer rejected ballots shall be reviewed by the Election Officials to verify the authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final computer total, provided that, a new ballot was not received as set out in sections 102.9-10 through 102.9-12. (b) Ballots rejected, either during the computer process or during a manual counting, shall be reviewed by the Election Officials to verify that they are authentic. If the Election Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.” 102.10. Tabulating and Securing Ballots Section A. Machine Counted Ballots 102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate from the ballot counting machine copies of the election totals from the votes cast. 1 O.C. 102 – page 9 59 of 150 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 102.10-2. At least six (6three (3) Election Board members shall sign the election totals, which shall include the tape signed by the members of the Nation before the polls were opened per section 102.9-3(a). Section B. Manually Counted Ballots 102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the ballot box and remove the ballots. 102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall be secured in a sealed container for transportation to the ballot counting location. The sealed ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election Officials for counting/tallying of ballots. 102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and witnessed/monitored by an Oneida Police Officer. 102.10-6. Ballots must be counted by two different Election Officials until two final tallies are equal in back to back counting. Final tallies shall be verified by the Election Judges. Section C. Securing Ballots 102.10-7. The Judges shall place together all ballots counted and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots, and the election totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The Oneida Police Officer shall then deliver, on the day of the election, the sealed container to the Records Management Department for retaining. 102.11. Election Outcome and Ties Section A. Election Results Announcement 102.11-1. The tentative results of an election shall be announced and posted by the Election Board within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain the following statement: "The election results posted here are tentative results. Final election results are forwarded by the Oneida Election Board to the Oneida Business Committee via a Final Report after time has lapsed for recount requests, or challenges or after all recounts or challenges have been completed, whichever is longer” 102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s newspaper, the tentative results of an election. Section B. Tie 102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to determine the outcome of an election, the Election Board shall conduct an automatic recount of the votes for each candidate receiving the same number of votes. Any recount conducted shall be the only recount allowed for the tied candidates. 102.11-4. For Business Committee positions, a run-off election between the candidates with the same number of votes shall be held if there remains a tie after the recount. Said run-off election shall be held within twenty one (21) calendar days after the recount. For all other positions, if there remains a tie after the recount, the Election Board shall decide the winner of the tied positions 1 O.C. 102 – page 10 60 of 150 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 at least two (2) business days after, but no more than five (5) business days after the recount through a lot drawing, which shall be open to the public. (a) The Election Board shall notify each of the tied candidates and the public of the date, time, and place of the drawing at least one (1) business day before the drawing. Notice to the tied candidates shall be in writing. Notice to the public shall be posted by the Election Board in the prominent locations. (b) On the date and at the time and place the drawing was noticed, the Election Board Chairperson shall clearly write the name of each tied candidate on separate pieces of paper in front of any witnesses present. The pieces of paper shall be the same, or approximately the same, color, size, and type. The papers shall be folded in half and placed in a container selected by the Election Board Chairperson. (c) The Election Board Chairperson shall designate an uninterested party to draw a name from the container. The candidate whose name is drawn from the container first shall be declared the winner. An Election Board member other than the Chairperson shall remove the remaining pieces of paper from the container and show them to the witnesses present. Section C. Recount Procedures 102.11-5. A candidate may request the Election Board to complete a recount, provided the margin between the requesting candidate’s vote total and vote total for the unofficial winner was within two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is greater. A candidate requests a recount by hand delivering a written request to the office of the Nation’s Secretary, or noticed designated agent, within five (5) business days after the election. Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact the Election Board Chairperson by the next business day after the request for recounts. 102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the request regarding the results of the recount. Provided that, no recount request need be honored where there have been two (2) recounts completed as a result of a request either as a recount of the whole election results, or of that sub-section. 102.11-7. All recounts shall be conducted manually with, if possible, the original Election Officials and Oneida Police Officer present, regardless of the original type of counting process. Manual recounts may, at the discretion of the Election Officials, be of the total election results, or of the challenged sub-section of the election results. 102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed container with the ballots from the Records Management Department and transporting it to the ballot recounting location. 102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three (3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election Board Chairperson and an Oneida Police Officer shall witness the recount. 102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be counted until two (2) final tallies are equal in back to back counting and the total count of ballots reconciles with the total count from the ballot counting machine. Sub-sections of candidates may be recounted in lieu of a full recount. (a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be counted twice by different persons and certified by the Judges. (b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior 1 O.C. 102 – page 11 61 of 150 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 to using an electronic ballot counting device, it shall be certified as correct either by the maker, lessor of the machine, or Election Board. Section D. Challenges and Declaration of Results 102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall hear and decide a challenge to any election within two (2) business days after the challenge is filed. Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after the issuance of the lower body’s decision and decided within two (2) business days after the appeal is filed. (a) The person challenging the election results shall prove by clear and convincing evidence that the Election Law was violated or an unfair election was conducted, and that the outcome of the election would have been different but for the violation. (b) If the Judiciary invalidates the election results, a Special Election shall be ordered by the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon as the Election Law allows for a Special Election. 102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges have been completed, whichever is longer. The Final Report shall consist of the following information: (a) Total number of persons voting. (b) Total votes cast for each candidate by subsection of the ballot. (c) List of any ties and final results of those ties, including the method of resolution. (d) List of candidates elected and position elected to. (e) Number of spoiled ballots. (f) Cost of the election, including the compensation paid to each Election Board member. 102.11-13. Declaration of Results. The Business Committee shall declare the official results of the election and send notices regarding when the swearing in of newly elected officials shall take place within ten (10) business days after receipt of the Final Report. 102.11-14. Candidates elected to the Business Committee shall resign from any salaried position effective prior to taking a Business Committee oath of office 102.11-15. Except in the event of an emergency, as determined by the Business Committee, newly elected officials shall be sworn into office no later than thirty (30) calendar days after the official results of an election are declared by the Business Committee. (a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall be considered vacant and the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a Special Election shall be held. 102.11-16. The Election Board shall send notice to the Records Management Department to destroy the ballots thirty (30) calendar days after the election or after the final declaration of official election results occurs, whichever is longer. 102.12. Elections Section A. Primary Elections; Business Committee 1 O.C. 102 – page 12 62 of 150 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 102.12-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty (60) calendar days prior to the election. 102.12-2. There shall be a primary election for Business Committee positions whenever there are three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions. (a) The two (2) candidates receiving the highest number of votes cast for each officer position shall be placed on the ballot. (b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large council member positions shall be placed on the ballot. (c) Any position where a tie exists to determine the candidates to be placed on the ballot shall include all candidates where the tie exists. 102.12-3. The Election Board shall cancel the primary election if the Business Committee positions did not draw the requisite number of candidates for a primary by the petitioning deadline set for the primary. 102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a winner in the primary, the Election Board shall declare the next highest primary vote recipient the primary winner. This procedure shall be repeated as necessary until the ballot is full or until there are no available candidates. If the ballot has already been printed, the procedures for notifying the Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to print a notice in the Nation’s newspaper if time lines allow. Section B. Special Elections 102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as defined in this law, may be placed on the same ballot as the subject matter of an election. 102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business Committee as recommended by the Election Board or as ordered by the Judiciary in connection with an election challenge. 102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the Special Election. 102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided that no less than twenty-four (24) hours notice of the rescheduled election date is given to the voters, by posting notices in the prominent locations. Section C. Referendums 102.12-9. Registered voters may indicate opinions on any development, law or resolution, proposed, enacted, or directed by the Business Committee, or General Tribal Council, in a special referendum election. (a) Referendum elections in which a majority of the qualified voters who cast votes shall be binding on the Business Committee to present the issue for action/decision at General Tribal Council. (b) Referendum requests may appear on the next called for election. (c) Referendum questions are to be presented to the Nation’s Secretary, in writing, at the caucus prior to election, regarding issues directly affecting the Nation or general membership. 1 O.C. 102 – page 13 63 of 150 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 Section D. Initiation of Special Elections 102.12-10. Special Elections may be initiated by a request or directive of the General Tribal Council or the Oneida Business Committee. 102.12-11. Special Election may be requested by a member of the Nation to the Business Committee or General Tribal Council. 102.12-12. All Special Elections shall follow rules established for all other elections. This includes positions for all Boards, Committees and Commissions. 102.13. Oneida Nation Constitution and By-law Amendments 102.13-1. Pursuant to Article VI of the Oneida Nation Constitution, amendments to the Oneida Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition of qualified voters. The requirements for the Oneida Business Committee’s initiation of Constitutional amendments are as provided in the Constitution and as further detailed in the supporting standard operating procedures which the Oneida Business Committee shall adopt. Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting a petition to the Office of the Nation’s Secretary which includes the full text of the proposed amendments and signatures that are equal in number to at least ten percent (10%) of all members qualified to vote. (a) Qualified voters may request a petition form from the Office of the Nation’s Secretary. (b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall direct the Trust Enrollment Department to calculate the number of signatures currently required for a petition submittal, which shall be ten percent (10%) of all members qualified to vote on the date the petition form is requested from the Office of the Nation’s Secretary. When the Nation’s Secretary receives the calculation from the Trust Enrollment Department, the Nation’s Secretary shall provide the requester with the petition form and the number of signatures that are currently required. (c) Such petitions shall be circulated with all supporting materials and submitted a minimum of ninety (90) days prior to the election at which the proposed amendment is to be voted upon. If a petition includes supporting materials in addition to the petition form, each qualified voter signing the petition shall also acknowledge that the supporting materials were available for review at the time he or she signed the petition by initialing where required on the petition form. (d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment Department for verification of signatures and to the Election Board to provide notice that the petition may need to be placed on an upcoming ballot. (e) If the petition is verified by the Trust Enrollment Department to contain signatures from at least ten percent (10%) of all qualified voters, the Election Board shall make an official announcement of the proposed amendments to the Oneida Nation Constitution at least sixty (60) days prior to the election at which the proposed amendments are to be voted on. 102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general election. Provided that, the Oneida Business Committee or General Tribal Council may order a special election be held to consider the proposed amendments. In such circumstances, the Election Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the 1 O.C. 102 – page 14 64 of 150 Draft 1 for OBC Emergency Consideration (Redline to Current) 2025 06 18 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 next special election. 102.13-3. The Election Board shall publish any proposed amendments by publishing a sample ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior to the requested mailing. Copies of such publications shall be prominently posted in each polling place and at administrative offices of the Nation and shall also be published in official Oneida media outlets, which the Oneida Business Committee shall identify by resolution. For the purposes of this section, Oneida administrative offices means the location where the Oneida Business Committee conducts business. 102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a true and impartial statement and is written in such a manner that does not create prejudice for or against the proposed amendment. 102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that amendment shall become part of the Constitution and By-laws, and shall abrogate or amend existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission of the final election report. 102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the amendment receiving the highest affirmation vote prevails. End. Adopted - June 19, 1993 Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda) Presented for Adoption of 1997 Revisions - GTC-7-6-98-A Amended- October 11, 2008 (General Tribal Council Meeting) Amended-GTC-01-04-10-A Amended – BC-02-25-15-C Amended – GTC-04-23-17-A Emergency Amended – BC-03-17-20-B (Expired) Emergency Amended – BC-05-13-20-H (Expired) Emergency Amended – BC-06-24-20-B (Expired at Conclusion of 2020 General Election) Emergency Amended – BC-04-28-21-B (Expired) Emergency Amended – BC-07-13-22-E (Expired) Emergency Amended – BC-12-28-22-B (Expired) Emergency Amended – BC-03-08-23-B (Expired) Emergency Amended – BC-__-__-__-__ 1 O.C. 102 – page 15 65 of 150 Draft 1 for OBC Emergency Consideration 2025 06 18 Title 1. Government and Finances - Chapter 102 ELECTION Ona=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have 102.1. 102.2. 102.3. 102.4. 102.5. 102.6. 102.7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Purpose and Policy Adoption, Amendment, Repeal Definitions Election Board Candidate Eligibility Selection of Candidates Notice of Polling Places 102.8. Registration of Voters 102.9. Election Process 102.10. Tabulating and Securing Ballots 102.11. Election Outcome and Ties 102.12. Elections 102.13. Oneida Nation Constitution and By-law Amendments 102.1. Purpose and Policy 102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of orderly elections of the Nation, including pre-election activities such as caucuses and nominations. Because of the desire for orderly and easily understood elections, there has not been an allowance made for write-in candidates on ballots. 102.1-2. This law defines the duties and responsibilities of the Election Board members and other persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all procedures used in the election process. 102.2. Adoption, Amendment, Repeal 102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A, amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and GTC-04-23-17-A, and amended on an emergency basis by resolution BC-__-__-__-__. 102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding amendments to this law and policies adopted regarding implementation of this law are to be presented to the Business Committee who shall then adopt or forward action(s) to the General Tribal Council for adoption. 102.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 102.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 102.3. Definitions 102.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. 102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on the Election Board during an election and until election results have been certified. 102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for acceptance on a ballot. 102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding holidays of the Nation. 102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to support or reject a particular candidate of the Nation including, without limitation, advertising, rallying, public speaking, or other communications with members of the Nation. 1 O.C. 102 – page 1 66 of 150 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Draft 1 for OBC Emergency Consideration 2025 06 18 102.3-6. “Candidate” shall mean a petitioner or nominee for an elected position whose name is placed on the ballot by the Election Board after successful application. 102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose of determining voter eligibility. 102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday. 102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political or otherwise, in which a Nation elected official, employee, consultant, appointed or elected, member of any board, committee or commission, or their immediate relatives, friends or associates, or any other person with whom they have contact, that conflicts with any right of the Nation to property, information, or any other right to own and operate its enterprises, free from undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in any law or policy of the Nation. 102.3-10. “Election” shall mean every primary and election. 102.3-11. “General election” shall mean the election held every three (3) years in July to elect the Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the Business Committee and may include contests for elected boards, committees and commissions positions. 102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of discrepancies, complaints and controversy regarding voter eligibility. 102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of the Nation. 102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the winner of an elected position, in the case of a tie between two (2) or more candidates. 102.3-15. “Nation” means the Oneida Nation. 102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by the Nation for the benefit of transmitting news to members of the Nation, which is designated by the Election Board as a source for election related news. 102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a police officer on any police force. 102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential dwelling or a privately owned business within the boundaries of the Reservation. 102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida Community Health Center, the SEOTS building and all One-Stop locations. 102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18) years of age or older. 102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating machine. 102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred and is not tabulated. 102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots. 102.4. Election Board 1 O.C. 102 – page 2 67 of 150 Draft 1 for OBC Emergency Consideration 2025 06 18 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Section A. Establishment, Composition and Election 102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this law and Article III, Sections 2 and 3 of the Oneida Nation Constitution. 102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be elected to terms of three (3) years, not to exceed two (2) consecutive terms. 102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an Election Board member in any pre-election, election day, or post-election activities while he or she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of interest. 102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member who is removed from the Election Board shall be ineligible to serve on the Board for three (3) years from the time he or she is removed from the Election Board. 102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed to correspond with the pre-election activities and the needs of the Election Board. 102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election. 102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to the Election Board, as recommended by the Election Board, to assist with election day and preelection activities. 102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in the By-laws of the Election Board, to preside over the meetings. This selection shall be carried out at the first meeting of the Election Board following an election. The Chairperson shall then ask the Election Board to select a Vice-Chairperson and Secretary. Section B. Duties of the Election Board 102.4-9. The Election Board shall have the following duties, along with other responsibilities listed throughout this law. (a) The Election Board shall be in charge of all registration and election procedures; and (b) Upon completion of an election, the Election Board shall make a final report on the election results as set out in this law. Section C. Specific Duties of Officers and Election Board Members 102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to being present at all Election Board meetings and assisting the handicapped through the voting process, are as set out herein: (a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing body for applicants found to be ineligible in accordance with 102.5-6 in the event of an appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust Enrollment Department personnel when their election day duties are complete; and shall post and report election results. (b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson. (c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s Secretary, other Election Board members and the public as required in the Open Records and Open Meetings Law. (d) Clerks: Shall implement the requirements of identifying and registering all voters and determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment 1 O.C. 102 – page 3 68 of 150 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Draft 1 for OBC Emergency Consideration 2025 06 18 Department personnel in the registration process, and assist the Chairperson as directed in conducting the election. Clerks cannot be currently employed by the Trust Enrollment Department. (e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as determined by this law. Shall assist the Chairperson in conducting the election. (f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted under this law. In case of disputes among Election Board members, or between members of the Nation and Election Board members, or any controversy regarding voter eligibility, the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall also ensure that all ballots of voters whose eligibility may be in question, remain confidential. Section D. Compensation Rates 102.4-11. Election Board members are to be compensated at an hourly rate when conducting elections as provided for in the Election Board’s bylaws as approved by the Business Committee. The Election Board shall have a budget, approved through the Nation’s budgeting process. 102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be compensated at their regular rate of pay out of their respective budgets. 102.5. Candidate Eligibility Section A. Requirements 102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section in order to become a candidate. 102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall: (a) be an enrolled member of the Nation, as verified by membership rolls of the Nation. (b) be a qualified voter on the day of the election. (c) provide proof of physical residency as required for the position for which they have been nominated or for which they have petitioned. Proof of residency may be through one (1) or more of the following: (1) a valid Wisconsin driver’s license; (2) a bill or pay check stub showing name and physical address of the candidate from the prior or current month; (3) another form of proof that identifies the candidate and that the candidate has physically resided at the address and identifies that address as the primary residence. 102.5-3. No applicant may have a conflict of interest with the position for which they are being considered, provided that any conflict of interest which may be eliminated within thirty (30) calendar days of being elected shall not be considered as a bar to nomination or election. 102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be filed by presenting the information to the Nation’s Secretary, or designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the caucus. No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted. 102.5-5. The names of the candidates and the positions sought shall be a public record and made available to the public upon the determination of eligibility by the Election Board or the Board’s 1 O.C. 102 – page 4 69 of 150 Draft 1 for OBC Emergency Consideration 2025 06 18 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 designated agent. Section B. Eligibility Review 102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal. At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall select the hearing body. The hearing shall be held within two (2) business days of receipt of the appeal. The applicant shall be notified by phone of time and place of the hearing. The decision of the hearing body shall be sent via certified mail or hand delivery within two (2) business days of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the Judiciary on an accelerated schedule. 102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position shall be notified by certified mail return receipt requested. The notice shall provide the following information: (a) Position for which they were considered (b) Qualification of the position and citation of the source. (Copies of source may be attached.) (c) A brief summary explaining why the applicant was found to be ineligible. (d) That the applicant has two (2) business days from notification to make an appeal. Appeals must be filed at the location designated on the notice by hand delivery. The location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or other delivery method will be accepted. Section C. Campaign Financing 102.5-8. Contributions: (a) Solicitation of Contributions by Candidates. (1) Candidates shall only accept contributions from individuals who are members of the Nation or individuals related by blood or marriage to the candidate. Candidates may not accept contributions from any business, whether sole proprietorship, partnership, corporation, or other business entity. (2) Candidates shall not solicit or accept contributions in any office or business/facility of the Nation. (b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. 102.5-9. Campaign Signs and Campaigning: (a) Placement of campaign signs: (1) Campaign signs shall not be posted or erected on any property of the Nation except for private property with the owner/tenant’s permission. (2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum of seven (7) such signs may be placed on a building or on a lot. (3) No campaign sign shall project beyond the property line into the public right of way. (b) Removal of campaign signs. All campaign signs shall be removed within five (5) business days after an election. 1 O.C. 102 – page 5 70 of 150 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 Draft 1 for OBC Emergency Consideration 2025 06 18 (c) Employees of the Nation shall not engage in campaigning for offices of the Nation during work hours. The Nation’s employees shall be subject to disciplinary action under the personnel policies and procedures for political campaigning during work hours. (d) Enforcement. The Zoning Administrator shall cause to be removed any campaign signs that are not in compliance with this law, in accordance with the Zoning and Shoreland Protection Law. (e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the Election Board in an amount specified in a resolution adopted by the Business Committee. Section D. Candidate Withdrawal 102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by the candidate prior to submission of the ballot for printing to any Election Board member, excluding alternates. 102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the election by submitting in writing a statement indicating they are withdrawing from the election prior to the opening of the polls to any Election Board member, excluding alternates. This statement shall be posted alongside any sample ballot printed prior to the election in the newspaper or any posting at the polling places. 102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the Election Board members in charge of the polling place, to be removed from the ballot. The written statement shall be posted next to any posted sample ballot. 102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from which they have [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A21b36b3455d0bafc. Public record. Not legal advice.