Oneida Business Committee (2021)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

April 21, 2021

9:00 a.m.

This Legislative Operating Committee meeting will be closed to the public due to the Public Health State

of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording

of the meeting will be made available on the Nation’s website.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. April 7, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Election Law Emergency Amendments (pg. 3)

2. Public Peace Law (pg. 48)

IV.

New Submissions

1. Pardon and Forgiveness Law Emergency Amendments (pg. 70)

2. Pardon and Forgiveness Screening Committee Bylaws Amendments (pg. 102)

3. Petition: L. Elm – Real Property Law Eviction and Termination (pg. 128)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

April 7, 2021

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen Jennifer Webster, Marie Summers, Daniel Guzman

King

Others Present: Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Aliskwet Ellis

Call to Order and Approval of the Agenda

David P. Jordan called the April 7, 2021, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda as is; seconded by Marie Summers.

Motion carried unanimously.

II.

Minutes to be Approved

1. March 3, 2021 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the March 3, 2021 LOC meeting minutes and

forward to the Business Committee for consideration; seconded by Jennifer Webster.

Motion carried unanimously.

III.

Current Business

1. Audit Committee Bylaws Amendments

Motion by Jennifer Webster to accept the Audit Committee bylaws amendments with the

three noted changes and forward the bylaws to the Oneida Business Committee for

consideration; seconded by Marie Summers. Motion carried unanimously.

IV.

New Submissions

1. Election Law Emergency Amendments

Motion by Jennifer Webster to add the Election law emergency amendments to the Active

Files List with Marie Summers as the sponsor; seconded by Marie Summers. Motion

carried unanimously.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn at 9:12 a.m.; seconded by Marie Summers.

Motion carried unanimously.

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of April 7, 2021

Page 1 of 1

ONEIDA

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

April 21, 2021

Election Law

Emergency Amendments

Submission Date: 4/7/21

LOC Sponsor: Marie Summers

Public Meeting: n/a

Emergency Enacted: n/a

Summary: This item was added to the Active Files List in response to the COVID-19 pandemic’s

effect on the 2021 Special Election. On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of

Public Health State of Emergency” in response to the COVID-19 pandemic, which has since been extended

for more than a year. On March 24, 2021, the Oneida Election Board submitted a memorandum to the

Oneida Business Committee requesting that emergency amendments to the Election law be considered due

to COVID-19’s effect on the 2021 Special Election. The caucus for the 2021 Special Election was

scheduled for May 8, 2021, with the Special Election scheduled for July 10, 2021. On March 24, 2021, the

Oneida Business Committee then adopted a motion to send this request to the Legislative Operating

Committee.

3/24/21 OBC: Motion by Lisa Liggins to send the request from the Oneida Election Board for emergency

amendments to the Election law to the Legislative Operating Committee for consideration,

seconded by David P. Jordan. Motion carried.

4/7/21 LOC:

Motion by Jennifer Webster to add the Election law emergency amendments to the Active

Files List with Marie Summers as the sponsor; seconded by Marie Summers. Motion carried

unanimously.

Next Steps:

 Approve the Election law emergency adoption packet and forward to the Oneida Business

Committee for consideration.

Page 1 of 1

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Oneida Nation

ODDDOO=

PO Box365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

~ ~··~·

David P. Jordan, LOC Chairperson ~

April 28, 2021

Election Law Emergency Amendments

Please find the following attached backup documentation for your consideration of the Election

Law Emergency Amendments:

Resolution: Emergency Amendments to the Election Law

Statement of Effect: Emergency Amendments to the Election Law

Election Law Emergency Amendments Legislative Analysis

Election Law (Redline)

Election Law (Clean)

Overview

Emergency amendments to the Election law (the "Law") are being sought to address the impact of

the COVID-19 pandemic on the Nation's 2021 Special Election. The emergency amendments to

the Law will:

• Eliminate the caucus from the election process [1 0. C. 102. 6-1];

• Require an individual to submit an application in order to have his or her name placed on

a ballot for an election [1 0. C. 102. 6-1];

• Eliminate the requirement for an individual to obtain at least ten (10) signatures of qualified

voters when submitting an application to be placed on the ballot [1 O.C. 102.6-1];

• Require that all applications be submitted to the Business Committee Support Office by

the close of business on the application deadline established by the Oneida Election Board

[1 O.C. 102.6-l(c)];

• Reduce the number of Oneida Election Board members who are required to sign the

election totals on machine counted ballots from six (6) to three (3) [1 0. C. 102.10-2];

• Clarify that elections shall be held at an Oneida Nation facility instead of just in an Oneida

Nation facility [1 O.C. 102.9-2]; and

• Eliminate the requirement that referendum questions be submitted in writing at the caucus,

and instead allow for referendum questions to be submitted in writing to the Business

Committee Support Office by the deadline established by the Oneida Election Board. [1

O.C. 102.12-9(c)J.

On March 12, 2020, Chairman Tehassi Hill signed a "Declaration of Public Health State of

Emergency" due to the COVID-19 pandemic which sets into place the necessary authority should

action need to be taken, and allows the Oneida Nation to seek reimbursement of emergency

management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The Oneida

Business Committee has extended this Public Health State of Emergency until May 12, 2021,

Page 1 of 2

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through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A, BC-06-1020-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03.-10-21-D. [3 O.C. 302.8-2}.

The Oneida Business Committee can temporarily enact legislation when legislation is necessary

for the immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible under

the Legislative Procedures Act. [1 0. C. 109. 9-5]. A fiscal impact statement and public meeting

are not required for emergency legislation. [1 O.C. 109.9-5(a)].

The emergency amendments to this Law are necessary for the preservation of the public health,

safety, and general welfare of the Reservation population. The emergency amendments are needed

to protect the Reservation population against the public health crisis that is the COVID-19

pandemic. The elimination of the requirement to hold the caucus while allowing individuals to be

placed on the ballot through the submission of an application, in conjunction with the elimination

to obtain at least ten (10) signatures from qualified voters, will eliminate any unnecessary contact

between individuals which could spread the COVID-19 virsus, while also ensuring that the July

2021 Special Election can occur without interruption.

Additionally, observance of the requirements under the Legislative Procedures Act for the

adoption of these amendments would be contrary to public interest. The caucus is scheduled to be

held on May 8, 2021. The Law currently requires that the caucus occur at least forty-five (45) days

before a special election. The 2021 Special Election is scheduled to be held on July 10, 2021.

Therefore, the process and requirements of the Legislative Procedures Act cannot be completed in

time to ensure that the 2021 Special Election could occur uninterrupted without violating the

caucus procedures currently contained in the Law.

The emergency amendments to the Law will become effective immediately upon adoption by the

Oneida Business Committee and will remain effective for six (6) months. There will be one (1)

opportunity to extend the emergency amendments for an additional six (6) months. [1 0. C. 109. 95 (b)].

Requested Action

Adopt the Resolution: Emergency Amendments to the Election Law

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A good mind. A good heart. A strong fire.

ONEIDA

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Emergency Amendments to the Election 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 Election law (“the Law”) was adopted by the General Tribal Council on June 19, 1993

for the purpose of governing the procedures for the conduct of orderly elections of the

Nation, and was most recently amended by the General Tribal Council through resolution

GTC-04-23-17-A; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, and set into place the necessary authority for action to be

taken and allows the Nation to seek reimbursement of emergency management actions

that may result in unexpected expenses; and

WHEREAS,

the Nation’s Public Health State of Emergency has since been extended until May 12,

2021, through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A,

BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-1110-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D; and

WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which prohibits all public gatherings of any number of people and

orders all individuals present within the Oneida Reservation to stay at home or at their

place of residence, with certain exceptions allowed; and

WHEREAS,

the COVID-19 Core Decision Making Team has issued subsequent declarations modifying

the “Safer at Home” declaration including the April 21, 2020 “Updated Safer at Home”

declaration, the May 19, 2020, “Safer at Home Declaration, Amendment, Open for

Business” declaration, the June 10, 2020, “Stay Safer at Home” declaration, and the July

17, 2020, “Safe Re-Opening Governmental Offices” declaration; and

WHEREAS,

the 2021 Special Election has been scheduled for July 10, 2021; and

WHEREAS,

the Oneida Election Board has requested emergency amendments to the Election law to

address the impact of COVID-19 on the 2021 Special Election; and

WHEREAS,

the proposed emergency amendments to the Law eliminate the caucus from the election

process and instead require that an individual submit an application in order to be placed

on the ballot; and

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BC Resolution _____________

Emergency Amendments to the Election Law

Page 2 of 2

WHEREAS,

the proposed emergency amendments to the Law eliminate the requirement of an

individual to obtain no less than ten (10) signatures of qualified voters when submitting a

form to be placed on the ballot; and

WHEREAS,

the proposed emergency amendments to the Law provide that elections shall be held at

an Oneida Nation facility(s) as determined by the Oneida Election Board, as opposed to

just in an Oneida Nation facility(s); and

WHEREAS,

the proposed emergency amendments to the Law lower the number of Oneida Election

Board members that are required sign the election totals, which includes the tape signed

by the members of the Nation before the polls were opened, from six (6) to three (3)

members; and

WHEREAS,

the proposed emergency amendments to the Law provide that referendum questions

regarding issues directing affecting the Nation or general membership are to be presented

to the Nation’s Secretary, or designated agent, in writing, during normal business hours,

Monday through Friday by the deadline established by the Election Board; and

WHEREAS,

the Legislative Procedures Act authorizes the Oneida Business Committee to enact

legislation on an emergency basis, to be in effect for a period of six (6) months, renewable

for an additional six (6) months; and

WHEREAS,

emergency adoption of legislation is allowed when legislation is necessary for the

immediate preservation of the public health, safety, or general welfare of the Reservation

population, and the amendment of the legislation is required sooner than would be possible

under the Legislative Procedures Act; and

WHEREAS,

the emergency adoption of the amendments to the Law are necessary for the preservation

of the public health, safety, and general welfare of the Reservation population to protect

the Reservation population against the public health crisis that is the COVID-19 pandemic

since the elimination of the requirement to hold the caucus while allowing individuals to be

placed on the ballot through the submission of an application, in conjunction with the

elimination to obtain at least ten (10) signatures from qualified voters, will eliminate any

unnecessary contact between individuals which could spread the COVID-19, while also

ensuring that the July 2021 Special Election can occur without interruption; and

WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of these

amendments would be contrary to public interest since the caucus for the 2021 Special

Election is scheduled for May 8, 2021, and the process and requirements of the Legislative

Procedures Act cannot be completed in time to ensure that the Special Election could still

occur on July 10, 2021, without violating the Law; and

WHEREAS,

the Legislative Procedures Act does not require a public meeting or fiscal impact statement

when considering emergency legislation; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts emergency

amendments to the Election Law effective immediately.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Emergency Amendments to the Election Law

Summary

This resolution adopts emergency amendments to the Election law in response to the COVID-19

pandemic’s effect on the 2021 Special Election.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: April 16, 2021

Analysis by the Legislative Reference Office

This resolution adopts emergency amendments to the Election law (“the Law”). The purpose of

the Law is to govern the procedures for the conduct of orderly elections of the Nation. [1 O.C.

102.1-1]. The emergency amendments to the Law will:

 Eliminate the caucus from the election process [1 O.C. 102.6-1];

 Require an individual to submit an application in order to have his or her name placed on

a ballot for an election [1 O.C. 102.6-1];

 Eliminate the requirement for an individual to obtain at least ten (10) signatures of qualified

voters when submitting an application to be placed on the ballot [1 O.C. 102.6-1];

 Require that all applications be submitted to the Business Committee Support Office by

the close of business on the application deadline established by the Oneida Election Board

[1 O.C. 102.6-1(c)];

 Reduce the number of Oneida Election Board members who are required to sign the

election totals on machine counted ballots from six (6) to three (3) [1 O.C. 102.10-2];

 Clarify that elections shall be held at an Oneida Nation facility instead of just in an Oneida

Nation facility [1 O.C. 102.9-2]; and

 Eliminate the requirement that referendum questions be submitted in writing at the caucus,

and instead allow for referendum questions to be submitted in writing to the Business

Committee Support Office by the deadline established by the Oneida Election Board. [1

O.C. 102.12-9(c)].

The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency

action where it is necessary for the immediate preservation of the public health, safety or general

welfare of the reservation population and when enactment or amendment of legislation is required

sooner than would be possible under the LPA. [1 O.C. 109.9-5].

On March 12, 2020, in accordance with the Emergency Management law, Chairman Tehassi Hill

signed a “Declaration of Public Health State of Emergency” which sets into place the necessary

authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The

Oneida Business Committee has extended this Public Health State of Emergency until May 12,

2021, through the adoption of the following resolutions: BC-03-26-20-A, BC-05-06-20-A, BCPage 1 of 2

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06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D. [3 O.C. 302.8-2].

On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer at

Home” declaration which prohibits all public gatherings of any number of people and orders all

individuals present within the Oneida Reservation to stay at home or at their place of residence,

with certain exceptions allowed. On April 21, 2020, the COVID-19 Core Decision Making Team

issued an “Updated Safer at Home” declaration which allowed for gaming and golf operations to

resume. Then on May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at

Home Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain safer

business practices, and social distancing should be practiced by all persons. On June 10, 2020, the

COVID-19 Team issued a “Stay Safer at Home” declaration which lessened the restrictions of the

“Safer at Home Declaration, Amendment, Open for Business” while still providing guidance and

some restrictions. Then on July 17, 2020, the “Safe Re-opening Governmental Offices” declaration

was issued which provides guidance on how buildings will be safely re-opened to the public.

The resolution provides that the emergency amendments to this Law are necessary for the

preservation of the public health, safety, and general welfare of the Reservation population. The

emergency amendments are needed to protect the Reservation population against the public health

crisis that is the COVID-19 pandemic. The elimination of the requirement to hold the caucus while

allowing individuals to be placed on the ballot through the submission of an application, in

conjunction with the elimination to obtain at least ten (10) signatures from qualified voters, will

eliminate any unnecessary contact between individuals which could spread the COVID-19 virsus,

while also ensuring that the July 2021 Special Election can occur without interruption.

Additionally, the resolution provides that observance of the requirements under the LPA for

adoption of this amendment would be contrary to public interest. The caucus is scheduled to be

held on May 8, 2021. The Law currently requires that the caucus occur at least forty-five (45) days

before a special election. The 2021 Special Election is scheduled to be held on July 10, 2021.

Therefore, the process and requirements of the Legislative Procedures Act cannot be completed in

time to ensure that the 2021 Special Election could occur uninterrupted without violating the

caucus procedures currently contained in the Law.

The emergency amendments to the Law will take effect immediately upon adoption by the Oneida

Business Committee and will remain effective for six (6) months. The LPA provides the possibility

to extend the emergency amendments for an additional six (6) months, or until the emergency

amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)].

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 2 of 2

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A good mind. A good heart. A strong fire.

ONEIDA

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Analysis to Emergency Draft 1

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People of the Standing Stone how it is we will appoint them the kind of laws we have

EMERGENCY AMENDMENTS TO

ELECTION LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

 Eliminate the caucus from the election process;

Proposed Amendments

 Require an individual to submit an application in order to have his or her

name placed on a ballot for an election;

 Eliminate the requirement for an individual to obtain at least ten (10)

signatures of qualified voters when submitting an application to be placed

on the ballot;

 Require that all applications be submitted to the Business Committee

Support Office by the application deadline established by the Election

Board;

 Reduces the number of Oneida Election Board members who are required

to sign the election totals on machine counted ballots from six (6) to three

(3);

 Clarify that elections shall be held at an Oneida Nation facility instead of

just in an Oneida Nation facility; and

 Eliminate the requirement that referendum questions be submitted in

writing at the caucus, and instead allow for referendum questions to be

submitted in writing to the Business Committee Support Office by the

deadline established by the Election Board.

Purpose

To govern the procedures for the conduct of orderly elections of the Nation

[1 O.C. 102.1-1]

Affected Entities

Oneida Election Board, Business Committee Support Office, Oneida

Business Committee, Oneida Nation Judiciary, Oneida Land Claims

Commission, Oneida Land Commission, Oneida Nation Commission on

Aging, Oneida Nation School Board, Oneida Trust Enrollment Committee,

Oneida Legal Resource Center.

Related Legislation

Boards, Committees, and Commissions law, Emergency Management and

Homeland Security law.

Public Meeting

A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)].

Fiscal Impact

A fiscal impact statement is not required for emergency legislation [1 O.C.

109.9-5(a)].

Expiration of Emergency Emergency amendments expire six (6) months after adoption and may be

Amendments

renewed for one additional six (6) month period.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the

General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly

elections of the Nation. [1 O.C. 102.1-1].

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Analysis to Emergency Draft 1

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B. 2021 Special Election. The caucus for the 2021 Special Election is scheduled to be held on May 8,

2021, with the Special Election occurring on July 10, 2021. The 2021 Special Election ballot would

include the following positions:

 Oneida Election Board.

 Three (3) vacancies – three (3) year term.

 Oneida Land Claims Commission.

 Two (2) vacancies for terms ending 2023 – three (3) year term.

 Two (2) vacancies for terms ending 2024 – three (3) year term.

 Oneida Land Commission;

 Three (3) vacancies – three (3) year term.

 Oneida Nation Commission on Aging.

 Three (3) vacancies for terms ending in 2023 – three (3) year term.

 Three (3) vacancies for terms ending in 2024 – three (3) year term

 Oneida Nation School Board.

 Two (2) vacancies for parent/guardian positions - three (3) year term.

 Two (2) vacancies for community-at-large positions - three (3) year term

 Oneida Trust Enrollment Committee.

 Three (3) vacancies – three (3) year term.

 Legal Resource Center.

 One (1) vacancy for advocate - four (4) year term.

 Oneida Judiciary Court of Appeals:

 One (1) vacancy for Appellate Court Judge term ending 2023 - six (6) year term.

C. COVID-19 Pandemic. The world is currently facing a pandemic of COVID-19. The COVID-19

outbreak originated in Wuhan, China and has spread to many other countries throughout the world,

including the United States. The COVID-19 pandemic has resulted in high rates of infection and

mortality, as well as vast economic impacts including effects on the stock market and the closing of all

non-essential businesses.

 Declaration of a Public Health State of Emergency.

 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State

of Emergency” regarding COVID-19 which declared the Public Health State of Emergency

for the Nation until April 12, 2020, and set into place the necessary authority should action

need to be taken and allowed the Nation to seek reimbursement of emergency management

actions that may result in unexpected expenses.

 The Public Health State of Emergency has since been extended until May 12, 2021, by the

Oneida Business Committee through the adoption of resolutions BC-03-28-20-A, BC-0506-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-0820-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-1021-D.

 COVID-19 Core Decision Making Team.

 On March 17, 2020, the Oneida Business Committee adopted emergency amendments to

the Emergency Management and Homeland Security law to create and delegate authority

to a COVID-19 Core Decision Making Team (“COVID-19 Team”). [BC-03-17-20-E - 3

O.C. 302.10].

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Analysis to Emergency Draft 1

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

When a public health emergency has been declared, the COVID-19 Team has the

authority to declare exceptions to the Nation’s laws, policies, procedures,

regulations, or standard operating procedures during the emergency period which

will be of immediate impact for the purposes of protecting the health, safety, and

general welfare of the Nation’s community, members, and employees. [BC-03-1720-E - 3 O.C. 302.10-2].

 These declarations remain in effect for the duration of the Public Health State of

Emergency. [BC-03-17-20-E - 3 O.C. 302.10-3].

 On March 10, 2021, the Oneida Business Committee adopted permanent

amendments to the Emergency Management and Homeland Security law, now

known as the Emergency Management law, through the adoption of resolution BC03-10-21-A which incorporated an emergency core decision time with the

authority to make emergency declarations on a permanent basis/

 COVID-19 Core Decision Making Team Declarations: Safer at Home.

 On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which ordered all individuals present within the Oneida Reservation

to stay at home or at their place of residence, with certain exceptions allowed. This

declaration prohibited all public gatherings of any number of people.

 On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume.

 On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home

Declaration, Amendment, Open for Business” which directs that individuals within the

Oneida Reservation should continue to stay at home, businesses can re-open under certain

safer business practices, and social distancing should be practiced by all persons.

 On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at

Home” declaration which lessened the restrictions of the “Safer at Home Declaration,

Amendment, Open for Business” while still providing guidance and some restrictions. This

declaration prohibits all public and private gatherings of more than twenty (20) people that

are not part of a single household or living unit.

 On July 17, 2020, the COVID-19 Team issued a “Safe Re-Opening Governmental Offices”

which sets minimum standards for the safe re-opening of a building or recall of employees

to work.

 COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act's requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data, or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period.

D. At the March 24, 2021, Oneida Business Committee meeting the Oneida Election Board provided a

memo which requested that the Oneida Business Committee make emergency amendments to the

Election law due to the Nation’s Public Health State of Emergency. The Oneida Election Board

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Analysis to Emergency Draft 1

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provided that the 2021 Special Election caucus was scheduled for May 8, 2021, but the Nation’s Public

Health State of Emergency would be effective until at least May 12, 2021. Due to the Public Health

State of Emergency and corresponding emergency declarations, such as the “Stay Safer at Home”

declaration which prohibits all public and private gatherings of more than twenty (20) people that are

not part of a single household or living unit, the membership is advised to stay home and social distance.

In an effort to avoid large gatherings of members where COVID-19 could be easily spread, the Oneida

Election Board identified that conducting a caucus or requiring applicants to obtain ten (10) signatures

through the petition process would unnecessarily spread COVID-19 by encouraging contact between

individuals. The Oneida Election Board is seeking emergency amendments to the Election law to

address these issues in a similar fashion to emergency amendments that were made to the Election law

during the 2020 General Election through the adoption of resolutions BC-03-17-20-B, BC-05-13-20H, and BC-06-24-20-B.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this Law

and legislative analysis:

 Oneida Election Board.

B. The following laws were reviewed in the drafting of this analysis:



Oneida Nation Constitution and Bylaws;

Emergency Management law;

Boards, Committees, and Commissions law.

SECTION 4. PROCESS

A. These amendments are being considered on an emergency basis. The Oneida Business Committee may

temporarily enact emergency legislation “where legislation is necessary for the immediate preservation

of public health, safety, or general welfare of the Reservation population and enactment or amendment

of legislation is required sooner than would be possible under this law” [1 O.C. 109.9-5].

 Emergency amendments are being pursued for the immediate preservation of the public health,

safety, and general welfare of the Reservation population against the public health crisis that is the

COVID-19 pandemic. Chairman Tehassi Hill declared a Public Health State of Emergency for the

Nation on March 12, 2020, which has since been extended until May 12, 2021. Due to the Public

Health State of Emergency and corresponding emergency declarations, such as the “Stay Safer at

Home” declaration which prohibits all public and private gatherings of more than twenty (20)

people that are not part of a single household or living unit, the membership is advised to stay home

and social distance. In an effort to avoid large gatherings of members where COVID-19 could be

easily spread, the Oneida Election Board identified that conducting a caucus or requiring applicants

to obtain ten (10) signatures through the petition process would unnecessarily spread COVID-19

by encouraging contact between individuals.

 Observance of the requirements under the Legislative Procedures Act for the adoption of these

amendments would be contrary to public interest. The caucus is scheduled to be held on May 8,

2021. Therefore, the process and requirements of the Legislative Procedures Act cannot be

completed in time to ensure that the caucus can be removed from the Law, without violating the

caucus procedures contained in the Law.

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B. Emergency amendments typically expire six (6) months after adoption, with one (1) opportunity for a

six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)].

C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when

considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact

statement will eventually be required if permanent adoption of these amendments is considered.

D. The Legislative Operating Committee added these emergency amendments to the Active Files List on

April 7, 2021.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Elimination of the Caucus. The proposed amendments eliminate the caucus from the election process.

Previously, the Law required that the Election Board call a caucus at least ninety (90) days before a

general election was held, or forty-five (45) days before any other election. [GTC-04-23-17-A - 1 O.C.

102.6-1]. At the caucus individuals could nominate potential candidates on the floor, and those potential

candidates that were present during the caucus would then accept or decline the nomination. [GTC-0423-17-A - 1 O.C. 102.6-2]. If an individual was nominated during the caucus but not present to accept

the nomination, that individual could follow the petition process to get his or her name on the ballot.

Now, with the elimination of the caucus from the election process, an individual who is interested in

having his or her name on the ballot has to apply to be on the ballot by submitting the designated

application form to the Business Committee Support Office by the application deadline established by

the Oneida Election Board. [1 O.C. 102.5-4, 102.6-1].

 Effect. The proposed emergency amendment would allow for the 2021 Special Election to occur

as scheduled. The elimination of the requirement to hold the caucus while allowing individuals to

be placed on the ballot through the submission of an application will eliminate any unnecessary

contact between individuals which could spread the COVID-19, while also ensuring that the 2021

Special Election can occur without interruption.

B. Application to be Placed on the Ballot. The proposed amendments require that an individual submit

an application in order to be placed on the ballot. [1 O.C. 102.6-1]. The application form consists of

information that satisfies the minimum requirements for eligible candidates as described in section

102.5-2 of the Law and is required to be submitted to the Business Committee Support Office the

application deadline established by the Oneida Election Board. [1 O.C. 102.6-1(b)-(c)]. Previously, if

an individual was not present at the caucus to accept a nomination, or was not nominated at the caucus,

the individual could file a petition to have his or her name placed on the ballot. [GTC-04-23-17-A - 1

O.C. 102.6-3]. The petitioner was required to submit the petition form along with no less than ten (10)

signatures of qualified voters, which would be verified by the Oneida Trust Enrollment Department,

prior to the close of business at least five (5) business days after the caucus. [GTC-04-23-17-A - 1 O.C.

102.6-3].

 Effect. The proposed amendment makes the application process the sole way for an individual to

have his or her name placed on the ballot for an election. The requirement to obtain at least ten (10)

signatures of qualified voters was eliminated in an effort to eliminate any unnecessary contact

between individuals which could spread COVID-19. Because the requirement to obtain signatures

was eliminated from the Law, so was the requirement that the Oneida Trust Enrollment Department

verify the signatures. Since there is no caucus, the deadline to submit an application to be placed

on the ballot was revised from five (5) days after the caucus to the application deadline established

by the Oneida Election Board. The Oneida Election Board intends to allow applications to be

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submitted to the Business Committee Support Office the week of May 10, 2021 through May 14,

2021. The combinations of these changes along with the elimination of the caucus should ensure

that the 2021 Special Election can occur in July as scheduled while still protecting the health and

safety of the people of the Nation.

C. Location of the Election. The proposed emergency amendment to the Election law provides that

elections shall be held at an Oneida Nation facility(s) as determined by the Election Board. [1 O.C.

102.9-2]. Previously, the Election law provided that elections shall be held in an Oneida Nation

facility(s) as determined by the Election Board.

 Effect. The proposed emergency amendment would provide additional flexibility for the Oneida

Election Board to utilize outdoor space of an Oneida Nation facility if determined necessary.

D. Election Board Members Signature on Machine Counted Ballots. The proposed amendments lower

the number of Oneida Election Board members that are required sign the election totals, which includes

the tape signed by the members of the Nation before the polls were opened, from six (6) to three (3).

[1 O.C. 102.10-2].

 Effect. Requiring less Oneida Election Board members to be present at the polling place to sign

the election totals help reduce unnecessary contact between individuals which could spread

COVID-19.

E. Submission of Referendum Questions. The proposed amendments provide that referendum questions

regarding issues directing affecting the Nation or general membership are to be presented to the

Nation’s Secretary, or designated agent, in writing, during normal business hours, 7:00 a.m. until 4:30

p.m. Monday through Friday by the deadline established by the Election Board. [1 O.C. 102.12-9(c)].

The proposed amendments also provide that no mailed, internal Nation mail delivery, faxed or other

delivery method of referendum questions shall be accepted. [1 O.C. 102.12-9(c)]. Previously, the Law

provided that referendum questions were to be presented to the Nation’s Secretary, in writing, at the

caucus prior to election.

 Effect. The proposed emergency amendments to the Law will ensure that there is still a process for

members of the Nation to submit referendum questions to the 2021 Special Election even though

the caucus will be eliminated from the election process. Due to the cancellation of the caucus, the

Oneida Election Board intends to set the referendum question deadline as May 14, 2021, and allow

referendum questions to be submitted in writing to the Business Committee Support Office during

the week of the week of May 10, 2021 through May 14, 2021.

SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

 Boards, Committees, and Commissions law. The Boards, Committees, and Commission law

governs boards, committees, and commissions of the Nation, including the procedures regarding

the appointment and election of persons to boards, committees and commissions, creation of

bylaws, maintenance of official records, compensation, and other items related to boards,

committees and commissions. [1 O.C. 105.1-1].

 The Boards, Committees, and Commissions law provides that all elected positions shall be

nominated at a caucus called by the Oneida Election Board, or petition for ballot placement,

in accordance with the Nation’s laws and/or policies governing elections, except where an

entity’s bylaws allow for a vacancy to be filled by appointment. [1 O.C. 105.8-1].

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

 The emergency amendments will eliminate the caucus from the election process, leaving

application for ballot placement as the only method to be elected to an entity, except where

an entity’s bylaws allow for a vacancy to be filled by appointment.

Emergency Management law. The Emergency Management law provides for the development and

execution of plans for the protection of residents, property, and the environment in an emergency

or disaster; and provides for the direction of emergency management, response, and recovery on

the Reservation; as well as coordination with other agencies, victims, businesses, and organizations;

and establishes the use of the National Incident Management System; and designates authority and

responsibilities for public health preparedness. [3 O.C. 302.1-1].

 The Emergency Management law provides that the Oneida Business Committee shall be

responsible for proclaiming or ratifying the existence of an emergency. [3 O.C. 302.8-1]. A

public health emergency is defined as the occurrence or imminent threat of an illness or health

condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological

agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among humans; or

(B) widespread exposure to a biological, chemical, or radiological agent that

creates a significant risk of substantial future harm to a large number of people.

[3 O.C. 302.3-1(p)].

 No proclamation of an emergency by the Oneida Business Committee may last for longer

than sixty (60) days, unless the proclamation of emergency is extended by the Oneida

Business Committee. [3 O.C. 302.8-2].

 Chairman Tehassi Hill’s March 12, 2020, “Declaration of Public Health State of

Emergency” and subsequent extensions conform with the requirements of the Emergency

Management law.

Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption or

amendments of laws of the Nation which includes taking into account comments from members of

the Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The Legislative Procedures Act provides a process for the adoption of emergency

legislation when the legislation is necessary for the immediate preservation of the public

health, safety, or general welfare of the Reservation population and the enactment or

amendment of legislation is required sooner than would be possible under this law. [1 O.C.

109.9-5].

 The Legislative Operating Committee is responsible for first reviewing the

emergency legislation and for forwarding the legislation to the Oneida Business

Committee for consideration. [1 O.C. 109.9-5(a)].

 The proposed emergency legislation is required to have a legislative analysis

completed and attached prior to being sent to the Oneida Business Committee for

consideration. [1 O.C. 109.9-5(a)].

• A legislative analysis is a plain language analysis describing the important

features of the legislation being considered and factual information to

enable the Legislative Operating Committee to make informed decisions

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

regarding legislation. A legislative analysis includes a statement of the

legislation’s terms and substance; intent of the legislation; a description of

the subject(s) involved, including any conflicts with Oneida or other law,

key issues, potential impacts of the legislation and policy considerations.

[1 O.C. 109.3-1(g)].

 Emergency legislation does not require a fiscal impact statement to be completed

or a public comment period to be held. [1 O.C. 109.9-5(a)].

 Upon the determination that an emergency exists the Oneida Business Committee

can adopt emergency legislation. The emergency legislation becomes effective

immediately upon its approval by the Oneida Business Committee. [1 O.C. 109.95(b)].

 Emergency legislation remains in effect for a period of up to six (6) months, with

an opportunity for a one-time emergency law extension of up to six (6) months. [1

O.C. 109.9-5(b)].

Emergency amendments to this Law would conform with the requirements of the

Legislative Procedures Act.

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six (6)

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months after adoption or until the 2020 General Election is concluded, whichever is sooner. The

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emergency amendments may be renewed for an additional six (6) month period.

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 Conclusion: The Legislative Operating Committee will need to consider the development and

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adoption of permanent amendments to this Law within the next six (6) to twelve (12) months.

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B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.

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 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation [1 O.C. 109.6-1].

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Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko 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.

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

emergency amended 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.

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102.3-6. “Candidate” shall mean a petitioner or nomineean applicant 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

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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,an 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.

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

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determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment

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.

been nominated or for which they have petitioned.applied. 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 a.m. to 4:30 p.m. Monday through Friday, within five (5) business days

afterby the caucus.application deadline established by the Election Board No mailed, internal

Nation mail delivery, faxed or other delivery method shall be accepted.

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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

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.)

(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)

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business days after an election.

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

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required to follow the petition process.

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 petitionapply 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(a) Applicants 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.

(cb) 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 information that satisfies the minimum requirements for eligible

candidates, as described in section 102.5-2 of this law.

(e) Petitions(c) Applications 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 afteron the

caucus.application deadline established by the Election Board. The location to dropoff petitionsapplications shall be identified in the mailing identifying the caucus

dateBusiness Committee Support Office.

(fd) The Nation’s Secretary shall forward all petitionsapplications 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.

102.6-42. 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

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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

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.

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;

(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

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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 inat an Oneida Nation facility(s) as determined by the Election

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

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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.

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

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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

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.

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

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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

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.

(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.

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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

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.

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 linestimelines 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

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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.

caucus prior to election, regarding issues directly affecting the Nation or general

membership. are to be presented to the Nation’s Secretary, or designated agent, in writing,

during normal business hours, 8:00 a.m. until 4:30 p.m. Monday through Friday by the

deadline established by the Election Board. No mailed, internal Nation mail delivery, faxed

or other delivery method shall be accepted.

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.

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.

1 O.C. 102 – page 14

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(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

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

Emergency Amended – BC-05-13-20-H

Emergency Amended – BC-06-24-20-B (Expired at Conclusion of 2020 General Election)

Emergency Amended – BC-__-__-__-__

1 O.C. 102 – page 15

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Title 1. Government and Finances - Chapter 102

ELECTION

On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko 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.

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. 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, GTC-04-23-17-A, and

emergency amended 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.

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102.3-6. “Candidate” shall mean an applicant 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

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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 an applicant or candidate in any election or there is otherwise a conflict of interest.