Oneida Business Committee (2019)

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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

June 5, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. May 15, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Curfew Law (pg. 3)

IV.

New Submissions

Additions

VI.

Administrative Updates

1. Election Law Amendments E-Poll Results (pg. 21)

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

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

May 15, 2019

9:00 a.m.

Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III, Daniel Guzman

King

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Leyne Orosco, Lee Cornelius

Call to Order and Approval of the Agenda

David P. Jordan called the May 15, 2019 Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

Motion by Kirby Metoxen to approve the May 1, 2019 Legislative Operating Committee

meeting minutes; seconded by Ernest Stevens III. Motion carried unanimously.

III.

Current Business

IV.

New Submissions

1. Citations Law (1:53-14:22)

Motion by Jennifer Webster to add the Citations Law to the active files list with Jennifer

Webster as the sponsor; seconded by Kirby Metoxen. Abstained by Ernest Stevens III

and Daniel Guzman King. Motion carried.

Additions

VI.

Administrative Items

1. Oneida Personnel Commission Bi-Monthly Update Memo (14:30-17:04)

Motion by Jennifer Webster to accept the memorandum and forward to the Business

Committee; seconded by Daniel Guzman King. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn the May 1, 2019 Legislative Operating

Committee meeting at 9:16 a.m.; seconded by Ernest Stevens III. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of May 15, 2019

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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

June 5, 2019

Curfew Law

Submission Date: 12/19/18

LOC Sponsor: Ernest Stevens III

Public Meeting: n/a

Emergency Enacted: n/a

Summary: This was a recommendation from the TAP Law and Policy Subcommittee, to develop a

curfew law for the Oneida Nation.

12/19/18 LOC: Motion by Jennifer Webster add the Curfew Law to the active files list and assign Ernest

Stevens III as the sponsor; seconded Ernest Stevens III. Motion carried unanimously.

2/13/19:

Work Meeting. Present: Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Maureen Perkins.

The purpose of this work meeting was to obtain information from the Oneida Police

Department regarding any issues that may currently be occurring on the Reservation related to

a lack of curfew, as well as discuss OPD’s role in potentially enforcing a Curfew law.

2/14/19:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Jennifer Falck, Clorissa N.

Santiago, Brandon Wisneski. The purpose of this work meeting was to provide the LOC an

update on communications with the Oneida High School’s Clan Council, and recent work

meeting with OPD. The LOC also discussed potential dates for holding a community meeting

potluck on the curfew law.

2/20/19 LOC: Motion by Daniel Guzman King to approve the community meeting notice and direct that a

community meeting for the proposed Curfew Law be held on Thursday, March 21, 2019;

seconded by Ernest Stevens III. Motion carried unanimously.

3/13/19:

Work Meeting. Present: Clorissa N. Santiago, Maureen Perkins, student representatives from

the Oneida Nation Clan Council. The purpose of this work meeting was to obtain information

from the Oneida High School Clan Council regarding their thoughts and opinions on a

potential curfew law.

3/21/19:

Work Meeting. Present: David P. Jordan, Ernest Stevens III, Daniel Guzman King, Jennifer

Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting was to

prepare for tonight’s community meeting on the curfew law. The LOC discussed the format

for the community meeting, potential discussion points, and questions the LOC members

currently have themselves regarding this topic.

3/21/19:

Community Meeting. Present: David P. Jordan, Lisa Summers, Ernest Stevens III, Daniel

Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Maureen Perkins. No

community members attended the community meeting.

5/1/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work meeting

was for the LOC to review the draft of the Curfew law. The LOC made policy decisions for

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curfew, and directed minor changes be made to the draft. The LRO will update the draft and

complete a legislative analysis to be brought back in the near future.

5/15/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman

King, Jennifer Falck, Clorissa N. Santiago, Maureen Perkins. The purpose of this work

meeting was to review and discuss a couple remaining questions that need to be determined

before a draft is finalized. LOC provided direction, and a draft will be finalized and moved

forward. On track to bring draft and analysis to June 5, 2019 LOC meeting.

Next Steps:

 Accept the draft and legislative analysis of the Curfew law and defer these items to a work meeting

for further consideration.

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Title 3. Health and Public Safety - Chapter 308

CURFEW

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We’ll put our arms across to stop them Law

308.1. Purpose and Policy

308.2. Adoption, Amendment, Repeal

308.3. Definitions

308.4. Jurisdiction

308.5. Curfew

308.6. Enforcement of Curfew Violations

308.7. Penalties of Curfew Violations

308.1. Purpose and Policy

308.1-1. Purpose. The purpose of this law is to protect the health, safety, and welfare of persons

and property within the Reservation by regulating the activities of minors on the Reservation

during certain hours, while imposing certain obligations and responsibilities upon the parents,

guardians, and/or legal custodians of a minor for the control and supervision of that minor.

308.1-2. Policy. It is the policy of the Nation to support all drug use prevention initiatives of the

Nation by protecting the health, safety, and welfare of persons through the establishment of a

curfew for minors in public spaces within the Reservation during certain hours in an effort to

minimize the opportunity for harm to come to minors during those hours.

308.2. Adoption, Amendment, Repeal

308.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__.

308.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

308.2-3. 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.

308.2-4. 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.

308.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

308.3. Definitions

308.3-1. 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.

(a) “Court of Appeals” means the branch of the Nation's Judiciary delegated the authority

of final appeal within the Nation’s Judiciary, as authorized by Oneida General Tribal

Council resolution GTC-03-19-17-A .

(b) “Family Court” means the branch of the Nation’s Judiciary delegated the authority to

administer the judicial authorities and responsibilities of the Nation related to the family

and/or children, as authorized by Oneida General Tribal Council resolution GTC-03-1917-A.

authority of guardianship of a child by a Court for the purpose of managing and caring for

the child. A guardian has the right to make major decisions affecting a child including

education, religious and cultural upbringing, the right to consent to marriage, to enlistment

3. O.C. 308 – Page 1

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in the armed forces, to major surgery and medical treatment and to adoption, or make

recommendations as to adoption.

(d) “Legal custodian” means any person, department, and/or agency, other than a parent

or guardian, to whom legal custody of a child has been granted by Court order and has the

rights and responsibilities for the following:

(1) To have physical custody of the child as determined by the Court, if physical

custody is not with the person having legal custody;

(2) To protect, educate and discipline the child so long as it is in the child’s best

interest; and

(3) To provide the child with adequate food, shelter, education, ordinary medical

care and other basic needs, according to court order. In an emergency situation, a

custodian shall have the authority to consent to surgery as well as any other

emergency medical care needs.

(e) “Member of the Nation” means an individual enrolled in the Oneida Nation.

(f) “Minor” means a person age seventeen (17) years old or younger.

(g) “Nation” means the Oneida Nation.

(h) “Parent” means the biological or adoptive parent of a child.

(j) “Public space” means any public streets, highways, roads, alleys, parks, vacant lots, or

any public lands.

(j) “Relative” means any person connected with a child by blood, marriage or adoption.

(k) “Reservation” means all the property within the exterior boundaries of the Reservation

of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,

and any lands added thereto pursuant to federal law.

308.4. Jurisdiction

308.4-1. Personal Jurisdiction. This law applies to:

(a) All members of the Nation, individuals eligible for enrollment in the Nation, and

members of other federally-recognized tribes.

(b) Individuals leasing, occupying or otherwise using fee land owned by the Nation or by

individual members of the Nation; and/or lands held in trust on behalf of the Nation or

individual members of the Nation.

consistent with federal law. An individual shall be considered to have consented to the

jurisdiction of the Nation:

(1) By entering into a consensual relationship with the Nation, or with the Nation’s

entities, corporations, or members of the Nation, including but not limited to

contracts or other agreements; or

(2) By other facts which manifest an intent to consent to the authority of the Nation,

including failure to raise an objection to the exercise of personal jurisdiction in a

timely manner.

308.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

the Nation and individual trust and/or fee land of a member of the Nation.

308.5. Curfew

308.5-1. Curfew Established. No minor shall be on any public space either on foot or in any

vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of

the Reservation, unless the minor is accompanied by a parent, guardian, or legal custodian.

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308.5-2. Parental Responsibility. No parent, guardian, or legal custodian shall knowingly permit

or fail to take action to prevent the minor from being on any public space either on foot or in any

vehicle driven or parked, between the hours of 10:00 p.m. and 6:00 a.m. within the boundaries of

the Reservation.

308.5-3. Exemptions to Curfew. A minor shall not be in violation of the curfew, if at the time of

the alleged violation the minor was:

(a) in the performance of a duty directed by such parent, guardian, or legal custodian;

(b) engaged in employment or an employment related activity, or traveling to or returning

home from employment;

(d) attending an educational, cultural, religious, or recreational activity that was supervised

by adults, or traveling to or returning home from such activity;

(e) on the sidewalk in front of his or her home or an adjacent home;

(f) going to, attending, or returning home from a movie theatre;

(g) engaged in hunting, fishing, or trapping in accordance with the laws, policies, and rules

of the Nation;

(h) exercising rights protected by the Nation’s Constitution and the United States

Constitution, such as free exercise of religion, freedom of speech, and the right of

assembly;

(i) involved in an emergency situation; and/or

(j) engaged in any other activity as deemed appropriate by the Oneida Police Department

officer.

308.6. Enforcement of Curfew Violations

308.6-1. Enforcement Procedure. A suspected violation of curfew shall be enforced by the Oneida

Police Department in the following ways:

(a) A minor who is suspected of violating curfew may be stopped by an Oneida Police

Officer. No person shall assault, obstruct or flee from any Oneida Police Officer enforcing

or attempting to enforce the provisions of this law.

(b) The Oneida Police Officer shall ask the minor’s name, age, and reason for violating

curfew. The minor shall provide the Oneida Police Officer identification if available. No

person shall falsely represent his or her name or age to an Oneida Police Officer.

circumstances that a violation of curfew has occurred and not one of the exemptions in

section 308.5-3 apply, the Oneida Police Officer may take custody of the minor for the

purpose of returning such minor to the care and custody of a parent, guardian, or legal

custodian.

(d) Once the Oneida Police Officer has taken the minor into his or her custody, the minor

shall provide the Oneida Police Officer with contact information for his or her parent,

guardian, or legal custodian. The Oneida Police Officer shall contact the minor’s parent,

guardian, or legal custodian to come and pick up the minor and take the minor into his or

her care and custody. If the minor’s parent, guardian, or legal custodian is unable to pick

the minor up, then the Oneida Police Officer may bring the minor home to release the minor

to the custody and care of the minor’s parent, guardian, or legal custodian.

(e) If the Oneida Police Officer is unable to contact the minor’s parent, guardian, or legal

custodian after reasonable efforts are made, the Oneida Police Officer shall attempt to

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locate an adult relative or other responsible adult willing and able to accept the care and

custody of the minor, and may release the minor into the care and custody of such person.

308.6-2. Warning. The first time a minor is held in custody by an Oneida Police Officer for a

curfew violation the Oneida Police Officer shall provide the minor and the minor’s parent,

guardian, or legal custodian a warning and advise the minor and parent, guardian, or legal

custodian of the provisions of this law and that any subsequent curfew violations may result in the

issuance of a citation and the imposition of a penalty.

308.6-3. Issuance of a Citation. Any subsequent time a minor is held in custody by an Oneida

Police Officer for a curfew violation the Oneida Police Officer may issue a citation to the minor

and the minor’s parent, guardian, or legal custodian.

(a) A citation for a violation of this law and/or any orders issued pursuant to this law may

include fines and other penalties, as well as conditional orders made by the Family Court.

(b) A citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations.

pre-hearing by the minor and his or her parent, guardian, or legal custodian.

308.7. Penalties of Curfew Violations

308.7-1. Upon a finding by the Family Court that a violation of this law has occurred, the minor

and/or the minor’s parent, guardian, or legal custodian may be subject to the following penalties:

(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.

The Oneida Business Committee shall hereby be delegated the authority to adopt through

resolution a fine schedule which sets forth specific fine amounts for violations of this law.

(1) All fines shall be paid to the Judiciary.

(2) Fines shall be paid within ninety (90) days after the order is issued or upheld

on final appeal, whichever is later.

(A) The ninety (90) day deadline for payment of fines may be extended if

an alternative payment plan is approved by the Family Court.

(3) If an individual does not pay his or her fine the Family Court may seek to collect

the money owed through the Nation’s garnishment and/or per capita attachment

process.

(4) Money received from fines shall be deposited into the General Fund.

(5) Community service may be substituted for part or all of any fine at the minimum

wage rate of the Nation for each hour of community service.

(b) Community service. An individual may be ordered to perform community service.

Community service can be used in lieu of, or in addition to, a fine.

(1) All community service assignments shall be approved by the Family Court.

The Family Court shall give preference to culturally relevant community service

assignments and/or community service assignments that focus on the betterment of

the individual’s community.

(2) The Family Court shall provide the individual a written statement of the terms

of the community service order, and a statement that the community service order

is monitored.

(3) The Family Court’s community service order shall specify:

(A) how many hours of community service the individual is required to

complete;

(B) the time frame in which the hours shall be completed;

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service assignment;

(D) how the individual shall report his or her hours; and

(E) any other information the Family Court determines is relevant.

participate in a family counseling and/or a parenting program.

(d) Any other penalty as deemed appropriate by the Family Court.

End.

Adopted – BC-__-__-__-__

3. O.C. 308 – Page 5

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CURFEW LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Tribal Action Plan

Laws and Policy

Subcommittee

Intent of the

Legislation

Purpose

Affected Entities

Affected

Legislation

Enforcement

Due Process

Public Meeting

Fiscal Impact

SPONSOR:

Ernest Stevens III

DRAFTER:

Clorissa N. Santiago

ANALYST:

Maureen Perkins

The Tribal Action Plan (TAP) Laws and Policy Subcommittee recommended the

Legislative Operating Committee (LOC) draft a curfew law to protect the safety of

youth in the community, as well as provide accountability to both youth and parents

through consequences that reflect the circumstances and needs of the community.

The Curfew law (“Law”) will protect the health, safety and welfare of persons and

property on the Reservation by restricting access to public spaces by minors during

certain night time and early morning hours.

To protect the health, safety, and welfare of persons and property within the

Reservation by regulating the activities of minors on the Reservation during certain

hours, while imposing certain obligations and responsibilities upon the parents,

guardians, and/or legal custodians of minors for the control and supervision of

minors [3 O.C. 308.1-1].

Oneida Police Department (OPD) and Oneida Judiciary

Family Court law, Per Capita law, Garnishment law, Rules of Appellate Procedure,

Family Court Rules, Oneida Judiciary Rules of Evidence, Oneida Judiciary Rules

of Civil Procedure, Landlord-Tenant law

The OPD will enforce suspected violations of this Law by issuing warnings and

citations [3 O.C. 308.6].

Citations issued result in a mandatory appearance at a citation pre-hearing for both

the minor and his or her parent, guardian, or legal custodian.

• The Family Court may issue conditional orders as well as penalties that

include fines, community service, mandatory participation in family

counseling or parenting programs, and any other penalty the Family Court

deems appropriate [3 O.C. 308.6-3(a) and (c)].

A citation for a violation of this Law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations [3 O.C.

308.6-3(b)].

A public meeting has not yet been held.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Nation does not currently have a law establishing a curfew governing minors in

public spaces during certain night time and early morning hours. This Curfew law was requested by

the Tribal Action Plan (TAP) Laws and Policy Subcommittee which included input from a cross

functional core team that included representatives from the Oneida Business Committee (OBC), the

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Oneida Police Department, Governmental Services Division, Oneida Gaming Commission, Oneida

Family Support Services, the Legislative Operating Committee, the Legislative Reference Office

(LRO), Oneida Human Resources Department and Retail Division. This team concluded that a curfew

law would help curtail opportunities for minors to be influenced by drugs by limiting their presence in

public spaces within the community during certain hours, including night time and early morning,

without the presence of a parent, guardian, or legal custodian.

Outreach Efforts

Outreach with the community was held during the Community Budget Session on November 30,

2018 where the LOC had an opportunity to collect input from participants by asking them to share their

ideas about new laws, amendments to existing laws or anything else they wanted to share. Participants

indicated the need for a curfew law for the Reservation [LOC FY19 First Quarter Report].

Additionally; a community outreach event was held on March 21, 2019 at the Norbert Hill Center

cafeteria from 5:00 p.m. to 7:30 p.m. to collect input from the community. No members of the

community participated in this event.

Related Research

Research regarding curfew laws revealed that the most common goals of a curfew law are to 1)

protect children from becoming victims or perpetrators of crimes, 2) assist parents in exercising their

responsibility over minors, and 3) prevent all persons from the dangers posed by unsupervised minors

who are out late at night and in the early morning hours. Research indicates that curfew laws may

protect youth from victimization and prevent juvenile crimes and delinquency by reducing or

preventing exposure of youth to negative situations by restricting their access to public spaces at night

and early morning hours [Grossman & Martin, 2015]. Although some research has indicated that most

crimes involving minors take place during after school hours rather than late at night or early morning

hours [Meyers, 2016]; the goal of this legislation within the Oneida reservation is to keep minors safe

and accounted for during curfew hours.

According to the Office of Juvenile and Delinquency Prevention; the following contribute to the

successful implementation of curfew policies:

o Community involvement;

o Creating specific procedures for repeat offenders such as recreational, educational, and job

opportunities as well as antidrug and antigang programs;

o Providing a hotline for community questions or problems related to curfews or juvenile

delinquency in general; and

o Providing intervention services for juveniles and their families.

B. Previous Attempts to Implement a Curfew. The LOC has considered a law that included a curfew in

the past. A curfew provision was considered in a Public Nuisances law drafted by the LOC in 2010;

however, this law was not completed or adopted.

• Previous attempts at regulating minors through a curfew that were not legislative include a curfew

requirement of 10:00 p.m. to 6:00 a.m. that was included in previous Oneida Housing Authority

tenant leases. This provision is not in current leases [Email Communication 05/03/2019, Scott

Denny, Residential Rentals & Outreach Area Manager, Oneida Comprehensive Housing

Division].

C. Expected Benefits. The purpose of this legislation is to provide a clear timeframe that minors must be

out of public spaces and accounted for by their parents, guardians or legal custodians. Members of the

Oneida Nation High School Clan Council indicated that a curfew law may help to prevent teens from

partying, staying out late and engaging in other bad behaviors; as well as helping with responsibility,

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encouraging youth to stay out of trouble and encouraging safety and school attendance. A curfew law

provides a means for parents to enforce a curfew with their children to provide an additional measure

of safety, accountability, obligation and responsibility to both the Nation’s minors and adults

[McDowall, Loftin & Wiersema, 2009]. A curfew law provides OPD with a means to engage with

suspected minors during curfew hours to tell them to go home and to encourage adult supervision of

minors during curfew hours. OPD has expressed that the goal is to keep minors safe and to prevent

vandalized property, arson, graffiti, petty theft and drug issues.

SECTION 3. CONSULTATION AND OUTREACH

A. Departments and Groups. The following departments and groups participated in the development of

this Law:

1. Oneida Police Department; and

2. Members of the Oneida Nation High School Clan Council.

B. Laws of the Nation. The drafting of this analysis included a review of the following laws of the Nation:

Family Court law, Family Court Rules, Rules of Appellate Procedure, Oneida Judiciary Rules of

Evidence, and Oneida Judiciary Rules of Civil Procedure, Per Capita law, Garnishment law, Public Use

of Tribal Lands law, and Landlord-Tenant law.

C. Area and Tribal Laws. The following curfew laws from surrounding municipalities and other tribal

communities were reviewed:

*The State of Wisconsin, Outagamie County and Town of Oneida do not have curfew laws in place.

D. Data. A memorandum from the TAP Laws and Policy Subcommittee suggested that data related to

police interactions with youth ages seventeen (17) years and younger be requested from the Oneida

Police Department and other neighboring jurisdictions to provide a background for juvenile activity in

the area.

1. The Oneida Police Department does not currently enforce any curfew laws. The following is

a breakdown of juvenile related calls received by the Oneida Police Department in 2018 [Email

communication 05/06/2019, Eric Boulanger, Chief of Police, Oneida Police Department].

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There were a total of eighty-eight (88) juvenile

related calls in 2018 received by the Oneida

Police Department. Sixteen (16) of those calls

occurred between the hours of the proposed

curfew timeframe of 10 p.m. and 6 a.m.

2. The City of Green Bay has issued the following citations related to curfew violations since

2010 [Email communication 05/03/2019, Michelle Belongie, Crime Analyst, Green Bay

Police Department].

Curfew violations range from ninety-five (95)

to three hundred twenty-one (321) per year.

• Curfew applies to minors under seventeen

(17) years of age.

• The curfew does not apply to seventeen (17)

year old minors because under Wisconsin’s

juvenile justice code, seventeen (17) year olds

are tried as adults for all crimes [Walsh, T.J.,

Wisconsin Lawyer]. Seventeen (17) year old

minors are considered to be contributing to

curfew violations of minors under seventeen

(17).

SECTION 4. PROCESS

A. Below is a diagram of the legislative process contained in the Legislative Procedures Act [1 O.C. 109]

with some additional useful information. The proposed Curfew law has had a legislative analysis

completed and is currently at the stage of requesting a work meeting to review the proposed draft and

legislative analysis.

Diagram 1. Curfew Law Drafting Process Contained in the Legislative Procedures Act [1 O.C. 109].

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C. The following meetings, work meetings, and outreach events took place at the time of the

development of this legislative analysis:

• December 19, 2018: A request for a Curfew law was received from the TAP Laws and Policy

Subcommittee, considered by the LOC and the Curfew law was added to the active files list.

• February 13, 2019: A work meeting was held with the LRO staff and the OPD.

• February14, 2019: A work meeting was held with the LOC and the LRO staff.

• March 13, 2019: A work meeting was held with the LRO staff and the Oneida Nation High School

Clan Council.

• March 21, 2019: A Community Outreach Meeting was held. Although no one attended this

meeting; the opportunity was presented to the community to gather input on the development of

the Law.

• May 1, 2019: A work meeting was held with the LOC and the LRO.

• May 15, 2019: A work meeting was held with the LOC and the LRO.

• June 5, 2019: The draft and legislative analysis are scheduled to be presented to the LOC for

further consideration.

Community Outreach Event March 21, 2019

March 21, 2019

The LOC hosted a community pot luck to discuss a Curfew

Law. While the community expressed interest in the event,

no one attended the meeting. This highlights how

collecting public comment is difficult.

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Purpose and Policy [3 O.C. 308.1]

• The purpose of the Law is to restrict access to public spaces by minors not accompanied by

certain adults during established night and early morning hours, while imposing obligations and

responsibilities upon adults to protect the health, safety and welfare of youth, adults and public

property of the Nation. It is the policy of the Nation to support substance abuse prevention

initiatives to minimize the opportunities of for minors to encounter harmful situations.

B. Jurisdiction [3 O.C. 308.4]

• Personal Jurisdiction. This Law applies to: 1) all members of the Nation and those eligible for

enrollment with the Nation, as well as members of other federally recognized tribes, 2)

individuals and their households who lease, occupy or otherwise use fee land or trust land owned

by the Nation or by individual members of the Nation; through consensual contract or other

agreement, 3) individuals who have consented to the jurisdiction of the Nation through other

consensual relationships with the Nation or Nation’s entities, corporations or members of the

Nation through contracts or agreements; and 4) any other facts that manifest consent to

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jurisdiction consistent with federal law and policy including failure to object to the exercise of

personal jurisdiction in a timely manner.

i. In accordance with section 308.4-1(b), the Law also applies to individuals and their

households who lease, rent, or occupy any home involved in a housing program

with the Nation’s Comprehensive Housing Division, including children who are

not enrolled or eligible for enrollment with the Nation or any other federally

recognized tribe. The Landlord-Tenant law requires all tenants of the Nation’s

housing programs to abide by the Nation’s laws [6 O.C. 611.6-3(b)(3)].

• Territorial Jurisdiction. This Law applies to the Reservation to all land owned by the Nation

and individual trust and/or fee land of a member of the Nation.

C. Curfew [3 O.C. 308.5]

• The curfew is established from 10:00 p.m. to 6:00 a.m. for ages seventeen (17) years old or

younger in any public space either on foot or in a vehicle driven or parked within the boundaries

of the Reservation. No adult shall knowingly permit or fail to take action to prevent a minor to

be in a public space after curfew unless an exemption is met [3 O.C. 308.5-3].

i. Exemptions include common reasons minors would be out at night without the

presence of their parent, guardian, or legal custodian such as traveling home from

work, participating in cultural and sports activities chaperoned by an adult, and

traveling home from the movies; as well as a discretionary measure for OPD to

determine if the law has been violated or not.

• The map below demonstrates the curfew in the proposed Law is consistent with the curfew

established by municipalities surrounding the reservation. Members of the Oneida Nation High

School Clan Council indicated during a work meeting that Oneida’s curfew should be similar to

area curfew laws for consistency purposes.

This is a map of the

reservation

and

surrounding jurisdictions

with

any

curfew

currently in place. The

curfew timeframe of 10

p.m. to 6 a.m. in the

proposed

law

consistent with most

jurisdictions near the

reservation.

• The

State

Wisconsin, Outagamie

County, and the Town

of Oneida all lack

curfew laws. This

means nearly half the

reservation does not

have any curfew law in

place.

• OPD

does

not

currently enforce any

curfew laws of area

jurisdictions [Verbal

Communication,

February 13, 2019].

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D. Enforcement of Curfew Violations [3 O.C. 308.6]

• Oneida Police Department (OPD) officers may stop any minor suspected of violating this law.

OPD must ask, and the minor must provide, their name, age and reason for violating curfew. If

an OPD officer believes the Curfew law has been violated; the officer may take the minor into

custody and contact their parents, guardian or legal custodian to return the minor to their care

and custody. If the OPD officer cannot locate a parent, guardian or legal custodian, they may

find and release the child to an adult relative or other responsible adult willing and able to accept

the care and custody of the minor.

i. The first time a minor is taken into custody results in a warning by OPD to both

the minor and the minor’s parent, guardian or legal custodian advising them of the

law and informing them that any additional violations of the curfew law may result

in a fine, community service, mandatory parenting program, mandatory family

counseling, or other penalties at the discretion of the Family Court [3 O.C. 308.62].

ii. Subsequent curfew violations that result in a minor being taken into custody by

OPD may result in the issuance of a citation which will require the attendance of

the minor and their parent, guardian, or legal custodian at a mandatory pre-hearing

with the Family Court. Additionally; subsequent violations of the Curfew law may

include a fine, mandatory or voluntary community service, mandatory parenting

program, mandatory family counseling, or any other penalty at the discretion of

the Family Court, as well as any conditional orders made by the Family Court [3

O.C. 308.6-3].

iii. The Family Court may issue conditional orders at the mandatory pre-hearing until

the matter is resolved [3 O.C. 308.6-3(a)].

E. Penalties of Curfew Violations [3.O.C. 308.7]

• The following penalties may be issued to those that violate the law; focusing on specific

programs that aim to improve family dynamics and parenting; at the discretion of Family Court:

i. Fines (community service may be a substitute for all or part of fines at the

discretion of the Family Court);

1. The Law contains detailed procedures related to fines issued under this

Law [3 O.C. 308.7-1(a)]. More detail is provided in Section 7 of this

analysis.

ii. Community service;

1. The Law contains detailed procedures related to community service

requirements [3 O.C. 308.7-1(b)]. More detail is provided in Section 7

of this analysis.

iii. Family counseling;

iv. Parenting programs; and/or

v. Any other penalty deemed appropriate by the Family Court.

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SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to Other Laws. The following laws of the Nation are referenced in this law and are required

to be followed:

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•

Family Court [8 O.C. 806]. The Family Court law delegates authority to the Family Court

over all matters pertaining to the family, children and elders, except for probate matters [8 O.C.

806.4-1]. The Family Court has been delegated authority to make all orders and judgments as

may be necessary to carry into effect the powers and jurisdiction of the Court [8 O.C. 806.81(c)]. The Family Court law governs the administration of law, justice, judicial procedures

and practices by the Oneida Family Court as it pertains to Oneida families and/or children to

create a knowledgeable, fair, and impartial forum for resolution of all family law matters that

come before it. The Family Court is delegated authority under this law to hear contested

citations, make conditional orders at the pre-hearing and issue penalties [3 O.C. 308.6-4(b) and

308.7-1]. All orders of the Family Court are appealable to the Court of Appeals [8 O.C. 806.6].

Per Capita [1 O.C. 123]. The Family Court is considered an Oneida entity [1 O.C. 123.31(n)] under the Per Capita law and has the authority to pursue attachments of any money owed

and any nonpayment of any citations issued under this law [3 O.C. 308.7-1(a)(3)]. An

attachment means the citation is paid for from the debtors per capita payment using the process

contained in the Per Capita law [1 O.C. 123.4-9(a)(2)].

Garnishment [2 O.C. 204]. The Family Court is considered an Oneida entity [2 O.C. 204.31(p)] under the Garnishment law as a branch of the Judiciary and has the authority to initiate a

garnishment of employee wages to pursue payment from parties who have failed to make the

required payments for issued citations in accordance with this law [3 O.C. 308.7-1(a)(3)].

Garnishment means the legal process in which the earnings of the debtor are required to be

withheld by the Nation for a payment of a debt [2 O.C. 204.3-1(j)] using the process outlined

in the Garnishment law.

B. Other Laws of the Nation that Interact with this Legislation. The following laws of the Nation

interact with this law and are required to be followed:

• Family Court Rules [8 O.C. 807]. The Family Court Rules supplement the Oneida Judiciary

Rules of Civil Procedure and govern appearances in Court, provides rules of decorum while

in Court, governs default judgments, as well as other aspects of the Family Court proceedings.

The Family Court Rules will govern behavior during curfew citation hearings.

• Oneida Judiciary Rules of Civil Procedure [8 O.C. 803]. The Oneida Judiciary Rules of

Civil Procedure create a consistent set of rules that govern the process of civil actions of the

Family Court and the Judiciary. The Oneida Judiciary Rules of Civil Procedures will govern

hearings for all curfew citation hearings.

• Oneida Judiciary Rules of Evidence [8 O.C. 804]. The Oneida Judiciary Rules of Evidence

apply to proceedings held in the Family Court, including curfew citation proceedings, and

govern the rules related to evidence presented to the Court.

• Rules of Appellate Procedure [8 O.C. 805]. The Rules of Appellate Procedure govern the

process for anyone who wishes to contest the determination of a lower Court’s decision to

the Nation’s Court of Appeals and will govern appeals the Family Court’s decisions. All

orders of the Family Court are appealable to the Court of Appeals [8 O.C. 806.6].

• Landlord-Tenant [6 O.C. 611]. This law applies to all individuals (tenants) granted the

right to use or occupy a premises pursuant to a rental agreement with the Oneida Nation. All

tenants who are required to follow all laws of the Nation [6 O.C. 611.6-3(b)(3)], including

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the Curfew law; even if the tenant is not enrolled or eligible for enrollment with the Oneida

Nation or enrolled with another federally recognized tribe [3 O.C. 308.4-1].

SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

A. The Law will be enforced by OPD utilizing existing resources.

B. Minors and parents, guardians and/or legal custodians who are issued citations under this law may

contest the citation at the mandatory citation pre-hearing at the Family Court [3 O.C. 308.6-3(c)].

C. Implementation of this Law is as follows:

• OPD is responsible for implementing and enforcing this law and issuing citations which may

include fines and other penalties [3 O.C. 308.6-3].

• The Family Court may, at its discretion, order penalties under this law to both minors and

adults [3 O.C. 308.7]. Penalties include fines, community service, parenting programs, family

counseling and any other penalties deemed appropriate by the Family Court.

i. The Family Court may allow community service to be substituted for fines [3

O.C. 308.7-1(a)(5)].

ii. Community service may be ordered by the Court in lieu or in addition to a fine

[3 O.C. 308.7-1(b)]. The individual will be responsible for finding his or her

community service and getting approval from the Court [3 O.C. 308.71(b)(1)]. The Family Court will provide a written statement of the

requirements of the community service assignment including the number of

hours, the timeframe for completion, how hours will be reported and any other

relevant information and the requirement that community service is monitored

[3 O.C. 308.7-1(b)(2) and (3)].

iii. Family counseling or parenting programs may be required by the Family Court

[3 O.C. 308.7-1(c)].

1. Oneida Family Support Services Department offers family

counseling, parenting classes and other programs. These programs

may be an option for violators of this Law to fulfill the penalties issued

by the Family Court.

a. Clientele of services offered by this Department are typically

determined by enrollment or eligibility for enrollment with

the Nation. Consideration is given to significant others or

family members who are not eligible for enrollment

[https://oneida-nsn.gov/resources/child-family-services/].

2. Those who violate the Law may seek other services offered outside of

the Oneida community to fulfill the penalties issued by the Family

Court.

• The OBC is responsible for adopting a fine schedule by resolution that determines specific

fine amounts for violations of this law [3 O.C. 308.7-1(a)].

SECTION 8. OTHER CONSIDERATIONS

A. Communication Plan. The TAP Laws and Policy Subcommittee recommended a communication plan

be developed related to the Curfew law to educate the community [TAP Subcommittee

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Recommendation - Laws/Policy Memorandum, 08/14/2018]. The LOC may want to consider assigning

this task through the adopting resolution for this law.

• The Oneida High School Clan Council recommended creating a communication plan during a

meeting held on March 13, 2019 regarding their thoughts and opinions on a potential curfew

law. The Clan Council suggested that someone should visit the schools and the Clan Council

to educate the students. Additionally, the Clan Council suggested that they could then make a

flyer regarding the law and discuss with the younger students at the Oneida Nation Elementary

School; using high school students to help communicate the importance of the law and how it

works.

B. Contributing to Curfew. The City of Green Bay issues a “Contributing to Curfew” citation to

parents, guardians, legal custodians and other adults. The law already allows for citations to be

issued to a parent, guardian, or legal custodian who knowingly permits or fails to take action to

prevent the minor from violating curfew. LOC may consider including other adults who are not a

parent, guardian or legal custodian in the Curfew law, and allowing OPD to issue a contributing to

curfew citation when these adults are present with minors who violate the Curfew law.

The City of Green Bay has issued the following citations related to contributing to curfew

violations since 2010. [Email communication 05/03/2019, Michelle Belongie, Crime Analyst,

Green Bay Police Department]:

Contributing to Curfew violations

range from zero (0) to eleven (11)

per year and apply to adults and

minors seventeen (17) years of

age and older who are present or

responsible for a minor who is

issued a curfew citation.

C. Citations law. A citation for a violation of this law will be processed in accordance with the procedure

contained in the Nation’s laws and policies governing citations [3 O.C. 308.6-3(b)].

• There are currently no laws of the Nation governing citations. There is a Citations law on the

LOC’s active files list that is currently being developed at the same time as this Curfew law.

D. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

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

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

• A fiscal impact statement shall be submitted by any agencies as directed by the Legislative

Operating Committee and may be prepared by any agency who may receive funding if the

legislation is enacted, any agency who may administer a program if the legislation is enacted,

any agency who may have financial information concerning the subject matter of the

legislation, or by the Finance Office, upon request of the Legislative Operating Committee [1

O.C. 109.6-1(a) and (b)].

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Research Citations

Grossman, E.R. and Miller, N.A. (2015). A Systematic Review of the Impact of Juvenile Curfew Laws

on Public Health and Justice Outcomes. Am J Prev Med. 49(6): 945-951.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4656116/

McDowell, D. Loftin C. and Wiersema, B. (2009). The Impact of Youth Curfew Laws on Juvenile Crime

Rates.

https://www.researchgate.net/publication/249718752_The_Impact_of_Youth_Curfew_Laws_on_Juvenile

_Crime_Rates

Myers, D.L. (2016). Juvenile curfew laws: A consideration of something that “doesn’t work”.

EBPSOCIETY: Evidence Based Society.

https://www.ebpsociety.org/blog/education/206-juvenile-curfew-laws

Office of Juvenile Justice and Delinquency Prevention. Juvenile Justice Reform Initiatives in the States

1994-1996.

https://www.ojjdp.gov/pubs/reform/ch2_c.html

Walsh, T.J. (2019). Adults Only: Returning 17 Year Olds to Juvenile Court. Wisconsin Lawyer.

https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?ArticleID=23659

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May 28, 2019 Legislative Operating Committee E-Poll

Approval of the Election Law Amendments Materials for the July 11,

2019 GTC Meeting

Good Afternoon Legislative Operating Committee,

This e-mail serves as the e-poll for approval of the Election law amendments materials for the July 11,

2019 General Tribal Council meeting.

EXECUTIVE SUMMARY

At the January 21, 2019, Special General Tribal Council (“GTC”) meeting the final proposed amendments

to the Election law were presented to the GTC for the consideration of adoption. After some discussion

on the proposed amendments, and a motion to adopt, the GTC ultimately adopted a motion to “table this

item until the stipend issue for Election Board members is answered.”

Since the January 21, 2019, GTC meeting, the Legislative Operating Committee has developed a

memorandum which provides answers as to the stipends members of the Election Board receive, as well

as information on how the stipends of Election Board members relate to the proposed amendments to

the Election law.

With the 2020 General Election fast approaching, the Legislative Operating Committee determined it is

critical for GTC to once again consider the adoption of amendments to the Election law so that any

amendments can be implemented for the 2020 General Election. For that reason, the Legislative

Operating Committee determined this issue should be placed on the July 11, 2019, semi-annual GTC

meeting agenda for consideration.

The Oneida Business Committee will be holding a special meeting on June 3, 2019, to approve the

materials for the July 11, 2019, GTC meeting packet. The Oneida Business Committee has imposed a

deadline of May 30, 2019, for inclusion on the June 3, 2019, special Oneida Business Committee meeting

agenda.

An e-poll is necessary for this matter because the next Legislative Operating Committee meeting is

scheduled for June 5, 2019, which is past the May 30, 2019, deadline for inclusion in the June 3, 2019,

special Oneida Business Committee meeting packet.

The materials that will be included in the July 11, 2019, GTC meeting packet for the Election law

amendments include:

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

Memorandum from the Legislative Operating Committee to the GTC providing an update on the

Election law amendments as it relates to the stipend question;

Updated Election law amendments PowerPoint presentation slides;

Tabled materials from the January 21, 2019, GTC meeting packet regarding the Election law

amendments including:

 Adoption memorandum;

 Resolution;

 Statement of Effect;

 Legislative Analysis;

 Redline Draft;

 Clean Draft;

 Fiscal Impact Statement;

 PowerPoint presentation slides.

REQUESTED ACTION

Approve the Election law amendments materials and forward to the Oneida Business Committee for

inclusion in the July 11, 2019, General Tribal Council meeting packet materials.

DEADLINE FOR RESPONSE

May 29, 2019 at 1:00 p.m.

All supporting documentation has been attached to this email for your convenience.

E-POLL RESULTS:

The e-poll was approved by David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III, and

Daniel Guzman King.

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Page 3 of 3

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

On eida-n sn. gov

TO:

FROM:

DATE:

RE:

r'\

000000

ONEIDA

General Tribal Council

David P. Jordan, Legislative Operating Committee Chairperson

July 11, 2019

Election Law Amendments Update

Summary

In November of 2017 the General Tribal Council ("GTC") directed that amendments to the

Election law be brought back for consideration and action. Since then the topic of Election law

amendments has come before the GTC for discussion and consideration multiple times. With the

2020 General Election approaching, it has become critical that the GTC consider the adoption of

the proposed amendments to the Election law if the GTC wants the amendments implemented

before the 2020 General Election.

The proposed amendments to the Election law and any proposed changes to an Election Board

member's stipend are separate issues that would have to be addressed by amendments to two (2)

separate documents. For that reason, the Legislative Operating Committee encourages the GTC to

consider the adoption of the amendments to the Election law today, and then address the Election

Board member stipends as a separate issue, so that any adopted changes to the Election law can be

implemented before the 2020 General Election.

Hist01y of tlte Election Law Amendments

At the November 12, 2017, Special GTC meeting, the GTC adopted a motion to "accept the

information presented and for the Oneida Business Committee to take this information and the

discussion to identify amendments to the Election Law for presentation to and action by the GTC

during calendar year 2018."

At the October 28, 2018, Special GTC meeting an Election law update from the Legislative

Operating Committee was included on the agenda. This update included a draft of the proposed

amendments and notice of the public meeting and comment period for members to provide

feedback on the amendments. At this meeting, the GTC adopted a motion "to adjourn and forward

the remaining items, VIA. Petitioner Linda Dallas re: Medicare Part B premium payment and

VIE. Update regarding Election law amendments, to the 2019 annual meeting in January."

After the October 28, 2018, GTC meeting the Legislative Operating Committee continued to move

forward with the development of amendments to the Election law. In accordance with the

Legislative Procedures Act, a public meeting on the proposed amendments to the Election law was

held on November 8, 2018. The public comment period was held open until November 16, 2018.

The Legislative Operating Committee reviewed and considered all comments received during the

public comment period, and any changes based on the comments received were incorporated into

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the final draft of the proposed amendments to the Election law. Those considerations may be

reviewed by going to https://oneida-nsn.gov/government/register/public-meetings/. The proposed

Election law amendments were approved by the Legislative Operating Committee on December

5, 2018, and then accepted by the Oneida Business Committee on December 12, 2018.

At the January 21 , 2019, Special GTC meeting the final proposed amendments to the Election law

were presented to the GTC for the consideration of adoption. After some discussion on the

proposed amendments, and a motion to adopt, the GTC ultimately adopted a motion to "table this

item until the stipend issue for Election Board members is answered."

This memorandum serves as a response to the question regarding the Election Board stipends that

was asked by the GTC during the January 21, 2019, special meeting.

Election Board Stipends for Service Provided During General Tribal Council Meetings

In addition to the one hundred dollars ($100) GTC meeting stipend as provided by the General

Tribal Council Meeting Stipend Payment Policy, members of the Election Board cunently receive

an additional stipend of one hundred dollars ($100) for attending GTC meetings and conducting

all counting of votes by the GTC during that meeting.

As early as the year 2000, at the request of the Nation's Chairperson, the Election Board began

attending GTC meetings to take over the responsibility of counting votes during meetings. Due to

the fact that the Election Board was required to attend the GTC meetings and perform an official

duty it was determined the Election Board may be paid a stipend equal to the regular meeting

stipend, which was fifty dollars ($50) at the time.

The GTC adopted resolution GTC-09-13-03-B which adopted the Fiscal Year 2004 budget. The

Fiscal Year 2004 budget included an increase of the Election Board's stipend from fifty dollars

($50) to one hundred dollars ($100).

Today, the Boards, Committees, and Commissions law provides for stipends for the Election

Board. The Boards, Committees, and Commissions law requires that the Oneida Business

Committee set stipend amounts by resolution. [I 0. C. 105.13-2]. Members of a board, committee,

or commission of the Nation are eligible to receive a stipend for various activities including any

miscellaneous action deemed appropriate by the Oneida Business Committee and included in the

resolution which sets stipend amounts. [I O.C. 105.13-7].

The Oneida Business Committee set forth specific stipend amounts that a member of a board,

committee, or commission of the Nation are eligible to receive through the adoption ofBC-09-2618-D, which was amended through BC-05-08-19-B. Resolution BC-05-08-19-B provides that

members of the Election Board are eligible to receive a miscellaneous stipend of one hundred

dollars ($100) for attendance and service provided at a GTC meeting.

The Oneida Business Committee is required to periodically review the amounts provided for

stipends and, based on the availability of funds, shall adjust those amounts accordingly by

amending the stipend resolution. [1 0. C. 105.13-2J.

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=OOODOD

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General Tribal Council's Consideration of "Double Dipping"

On August 11, 2007, the GTC adopted a directive that a stipend of one hundred dollars ($100) be

paid to any member of the Nation who attends a GTC meeting, is eligible to vote, and stays until

the end of the meeting effective in calendar year 2008 and for all time.

Since then, the GTC has considered whether an individual should be able to collect more than that

GTC meeting stipend during a GTC meeting. Although the GTC has not considered the issue of

"double dipping" as it relates to the members of the Election Board, the GTC has previously

considered the issue of "double dipping" as it relates to employees of the Nation.

In this case, "double dipping" refers to an employee of the Nation who is required to be at the GTC

meeting in the capacity of his or her employment and therefore collects his or her wage for that

time while also collecting the GTC meeting stipend. An employee collecting a wage for providing

a service during a GTC meeting in addition to the GTC meeting stipend is similar to an Election

Board member collecting a stipend for providing the service of counting votes during a GTC

meeting in addition to the GTC meeting stipend.

At the July 2, 2012, semi-annual GTC meeting the GTC discussed the 2011 referendum question,

"Should the Oneida Business Committee disallovv employees of the tribe, who are required to be

at the GTC in the capacity of their job, from the [GTC Meeting} stipend?" A motion was made

during this meeting to revise the General Tribal Council Meeting Stipend Payment Policy to

"disallow employees of the Tribe, who are required to be at the GTC in the capacity of their job,

from the stipend." The GTC rejected this motion dete1mining that employees of the Nation should

be allowed to still receive a GTC meeting stipend if required to be at the GTC meeting in the

capacity of his or her employment.

It is the policy of the Nation to pay eligible members a stipend for attending a GTC meeting at

which a quorum is established and maintained and where official business is conducted. [J 0. C.

111.1-1J. Any member of the Nation who meets the following requirements shall receive a stipend

for attending a GTC meeting if a quorum is established:

• The individual is a qualified voter in accordance with the Nation's Constitution;

• The individual registers no later than fifteen (15) minutes after the published staiiing time

of the meeting by checking in at a registration table, filling out any required fo1ms, and

providing a valid Tribal or state issued picture identification card;

• The individual is present for the entire meeting, from the time the meeting is called to order

until the meeting adjourned; and

• The individual checks out and provides a valid Tribal or state issued picture identification

card after the meeting ends. [I O.C. 111.4-1, 111.4-2(a)-(d)}.

Both the General Tribal Council Meeting Stipend Payment Policy and the GTC's July 2, 2012,

actions demonstrate that an individual is not required to decline his or her GTC meeting stipend

when eligible based on the fact that the individual is also collecting a wage for a service he or she

may be providing during the GTC meeting in the official capacity of his or her employment.

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The act of collecting a GTC meeting stipend as well as a wage for a service provided during the

GTC meeting in the capacity of an individual's official duty is not considered "double dipping"

because the stipends serve different purposes.

This same determination can then be applied to members of the Election Board and the stipend a

member is eligible to receive for the service of counting votes the Election Board provides during

a GTC meeting.

Relationship Between Stipends and the Proposed Election Law Amendments

There is a limited relationship between the proposed amendments to the Election law and the

specific stipends an Election Board member may collect.

The proposed amendments to the Election law only provide that Election Board members shall

receive a stipend in accordance with the Nation's laws, policies, and resolutions governing boards,

committees, and commissions. [l O.C. 102.4-10]. 1 The proposed amendments to the Election law

do not address whether an Election Board member is eligible to receive a stipend for services

rendered at a GTC meeting, or what that specific stipend amount may be if a member of the

Election Board is eligible to receive such a stipend.

In accordance with the requirement of the Boards, Committees, and Commissions law that the

Oneida Business Committee set stipend amounts by resolution, it is resolution BC-05-08-19-B

which specifically authorizes members of the Election Board the ability to receive a stipend of one

hundred dollars ($100) for attendance and service provided at a GTC meeting. [l O.C. 105.13-2].

Therefore, adoption of the proposed amendments to the Election law would not address or affect

the Election Board's eligibility to receive a stipend of one hundred dollars ($100) for attendance

and service provided at GTC meeting. What stipends the Election Board may receive, and the

specific amounts of those stipends, is a separate issue than the consideration of the proposed

amendments to the Election law. In order to address the various stipends an Election Board

member is eligible to receive, amendments would have to be made to resolution BC-05-08-19-B.

The adoption of the proposed amendments to the Election law do not prohibit the GTC from

providing direction to the Oneida Business Committee to amend resolution BC-05-08-19-B to

address stipends of the Election Board.

Conclusion

The proposed amendments to the Election law do not address the stipend a member of the Election

Board is eligible to receive for attending a GTC meeting and providing the service of counting

votes. Oneida Business Committee resolution BC-05-08-19-B is the document which provides that

The proposed amendments to the Election law also provide that an Election Board member may be compensated at

an hourly rate when conducting elections as provided for in the Election Board's bylaws as approved by the Oneida

Business Committee, but this specific stipend does not apply to a discussion of the stipend an Election Board member

/""'""'\

collects during a General Tribal Council meeting. {l O.C. 102.4-10).

Page 4 of 5

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a member of the Election Board may receive a stipend of one hundred dollars ($100) for attendance

and service provided at a GTC meeting of the Nation.

Due to the fact that the adoption of the proposed Election law amendments is a separate issue than

Election Board member stipends, the Legislative Operating Committee encourages the GTC to

consider the adoption of the Election law amendments today, so that any adopted changes could

be implemented for the 2020 General Election.

Requested Action

Adopt the Resolution: Amendments to the Election Law.

Page 5 of 5

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

ONEIDA

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Election Law

Amendments

Presentation to GTC by:

Legislative Operating Committee

July 11, 2019

Background – GTC Actions

• 11/12/2017

• Motion by Dylan Benton to “accept the information

presented and for the Oneida Business Committee to take

this information and the discussion to identify

amendments to the Election Law for presentation to and

action by the GTC during calendar year 2018.”

• 10/28/2018

• Motion by Diane Quella to “adjourn and forward the

remaining items… Update regarding Election Law

amendments, to the 2019 Annual meeting in January.”

• 1/21/2019

• Motion by Gina Powless to “table this item until the

stipend issue for Election Board members is answered.”

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Election Board Stipends

• Since at least the year 2000, the Election

Board has been responsible for counting

votes during GTC Meetings.

• Election Board receives a stipend for

performing these duties, in addition to the

regular GTC Meeting Stipend.

• On July 2, 2012, GTC discussed the issue of

“double-dipping” and decided that

employees required to be at GTC meetings

in the capacity of their job should be

allowed to receive the GTC Meeting Stipend

in addition to their regular wage.

Election Board Stipends

• Election Board members currently

receive a stipend of $100 for service

provided at GTC meetings.

• Election Board stipends are set by

Resolution BC-05-08-19-B in accordance

with the Boards, Committees and

Commissions Law.

• Adoption of Election Law amendments

does not impact Election Board stipends

or prevent changes to stipends in the

future.

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Development

•Research

•Work Meetings

•Public Outreach

Proposed Amendments

• Require the Election Board to ensure

election polling equipment and ballots are

maintained in a locked and secured area

when not in use for an election.

• Clarify when a member of the Election

Board must recuse themselves from

election activities.

• Remove term limits for members of the

Election Board.

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Proposed Amendments

• Clarify the process for submitting

referendum questions.

• Shorten the timeframe for holding an

election.

• Clarify candidate eligibility in regard to

positions on the Oneida Business

Committee and Judiciary.

Proposed Amendments

• Transfer hearing authority from the

Election Board to the Judiciary.

• Update the process for conducting a

caucus.

• Require notice of the election and election

results to be posted on the Nation’s

website.

• Shorten the voter registration form.

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Proposed Amendments

• Eliminate provisional ballots for voters who

do not show a photo ID or are ruled

ineligible to vote.

• Require a public test of the ballot

machines prior to an election.

• Clarify the process for voters who require

assistance at the polls.

• Require the separation of ballots from

different polling locations.

Proposed Amendments

• Update the process for handling spoiled

ballots.

• Reduce the number of Election Board

members required to be at each polling

site.

• Update the process for conducting a

recount.

• Clarify and update additional language

throughout the Law.

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Additional Updates

• Election Board New Ballot

Machines

• Election Board Standard

Operating Procedures

(SOPs) posted to Nation’s

website.

• Sanctions and Penalties

Law

Requested Action

•Motion to adopt the Election Law

Amendments Resolution.

Yaw^ko

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

General Tribal Council

Oneida Business Committee

January 21, 2019

Amendments to the Election Law

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

amendments to the Election law:

Resolution: Amendments to the Election Law

Statement of Effect: Amendments to the Election Law

Election Law Amendments Legislative Analysis

Election Law Amendments (Redline)

Election Law Amendments (Clean)

Election Law Amendments Fiscal Impact Statement

Election Law Amendments PowerPoint Presentation Slides

Overview

At the November 12, 2017, Special General Tribal Council meeting, the General Tribal Council

adopted a motion to “accept the information presented and for the Oneida Business Committee to

take this information and the discussion to identify amendments to the Election Law for

presentation to action by the GTC during calendar year 2018.”

In accordance with General Tribal Council’s directive, the Legislative Operating Committee began

developing amendments to the Election law. In the development of these amendments, the

Legislative Operating Committee reviewed the Election Board’s bylaws, standard operating

procedures, final election reports, Oneida Judiciary decisions, General Tribal Council meeting

materials and election laws from other tribal nations. The Legislative Operating Committee also

held work meetings with the Election Board, received comments from the Trust Enrollment, and

held a public meeting.

At the October 28, 2018, General Tribal Council meeting an Election law update from the

Legislative Operating Committee was included on the agenda. This update included a draft of the

proposed amendments and notice of the public meeting and comment period for members to

provide feedback on the amendments. At this meeting, the General Tribal Council adopted a

motion “to adjourn and forward the remaining items, VI.A. Petitioner Linda Dallas re: Medicare

Part B premium payment and VI.B. Update regarding Election law amendments, to the 2019

annual meeting in January.”

This resolution adopts the proposed amendments to the Election law. The amendments to the

Election law will:

Page 1 of 2

36 of 100

▪

Require the Election Board to ensure election polling equipment and ballots are maintained

in a locked and secured area when not in use for an election [1 O.C. 102.4-8(a)];

Clarify when a member of the Election Board must recuse themselves from election

activities [1 O.C. 102.4-3];

Remove term limits for members of the Election Board [1 O.C. 102.4];

Clarify the process for submitting referendum questions [1 O.C. 102.7];

Shorten the timeframe for holding an election [1 O.C. 102.8-2. 102.13-1];

Clarify candidate eligibility in regard to positions on the Oneida Business Committee and

Judiciary [1 O.C. 102.9-5];

Transfer hearing authority from the Election Board to the Judiciary [1 O.C. 102.9-8];

Update the process for conducting a caucus [1 O.C. 102.13-1, 102.13-2];

Require notice of the election and election results to be posted on the Nation’s website [1

O.C. 102.14-1, 102.17-2];

Shorten the voter registration form [1 O.C. 102.15-1];

Eliminate provisional ballots for voters who do not show a photo ID or are ruled ineligible

to vote [1 O.C. 102.15-5];

Require a public test of the ballot machines prior to an election [1 O.C. 102.16-1];

Clarify the process for voters who require assistance at the polls [1 O.C. 102.16-4];

Require the separation of ballots from different polling locations [1 O.C. 102.16-9(a)];

Update the process for handling spoiled ballots [1 O.C. 102.16-10];

Reduce the number of Election Board members required to be at each polling site [1 O.C.

102.16-12(a)];

Update the process for conducting a recount [1 O.C. 102.18];

Clarify and update additional language throughout the Law.

In accordance with the Legislative Procedures Act, a public meeting on the proposed amendments

to the Election law was held on November 8, 2018. Four (4) members of the community attended

the public meeting with one (1) person providing oral comments. The public comment period

closed on November 16, 2018. The Legislative Operating Committee received two (2) submissions

of written comments during the public comment period. All comments public comments received

were accepted, reviewed, and considered by the Legislative Operating Committee on November

16, 2018. Any changes made based on those comments have been incorporated into this draft.

Additional information regarding the comments received during the public comment period and

the Legislative Operating Committee’s consideration of those comments can be found at

https://oneida-nsn.gov/government/register/public-meetings/.

Requested Action

Adopt the Resolution: Amendments to the Election Law.

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ONEIDA

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

GTC Resolution # _____________

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 most recently amended by the General Tribal Council

through resolution BC-04-23-17-A; and

WHEREAS,

the purpose of the Law is to govern the procedures for the conduct of orderly elections of

the Nation and provide clearly defined duties and responsibilities of the Election Board

members and other persons employed by the Oneida Nation in the conduct of elections;

and

WHEREAS,

the amendments to this Law require the Election Board to ensure election polling

equipment and ballots are maintained in a locked and secured area when not in use for an

election; and

WHEREAS,

the amendments to the Law clarify when a member of the Election Board must recuse

themselves from election activities; and

WHEREAS,

the amendments remove term limits for members of the Election Board; and

WHEREAS,

the amendments clarify the process for submitting referendum questions; and

WHEREAS,

the amendments shorten the timeframe for holding an election; and

WHEREAS,

the amendments to this Law clarify candidate eligibility in regard to positions on the Oneida

Business Committee and Judiciary; and

WHEREAS,

the amendments to this Law transfer hearing authority from the Election Board to the

Judiciary; and

WHEREAS,

the amendments update the process for conducting a caucus; and

WHEREAS,

the amendments require notice of the election and election results to be posted on the

Nation’s website in addition to prominent locations; and

WHEREAS,

the amendments to the Law shorten the voter registration form; and

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BC Resolution # _______

Amendments to the Election Law

Page 2 of 2

WHEREAS,

the amendments eliminate provisional ballots for voters who do not show a photo ID or are

ruled ineligible to vote; and

WHEREAS,

the amendments to the Law require a public test of the voting machines prior to the election;

and

WHEREAS,

the amendments clarify the process for voters who require assistance at the polls; and

WHEREAS,

the amendments require the separation of ballots from different polling locations; and

WHEREAS,

the amendments to the Law update the process for handling spoiled ballots; and

WHEREAS,

the amendments to the Law reduce the number of Election Board members required at

each polling site; and

WHEREAS,

the amendments update the process for conducting a recount; and

WHEREAS,

the amendments to this Law make other minor drafting revisions and updates; and

WHEREAS,

a public meeting on the proposed amendments to this Law was held on November 8, 2018,

in accordance with the Legislative Procedures Act, and the public comments were

reviewed and accepted by the Legislative Operating Committee on November 16, 2018;

and

NOW THEREFORE BE IT RESOLVED, that the amendments to the Election law are hereby adopted and

shall be effective February 4, 2019.

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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

Amendments to the Election Law

Summary

This resolution adopts amendments to the Election law.

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

Date: December 5, 2018

Analysis by the Legislative Reference Office

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the

Nation. [1 O.C. 109.1-1]. This resolution adopts amendments to the Election law, which comply

with all processes and procedures required by the LPA, including the development of a legislative

analysis, a fiscal analysis, and the opportunity for public review during a public meeting and public

comment period. [1 O.C. 109.6, 109.7, 109.8].

The Election law was adopted by the Oneida General Tribal Council for the purpose of governing

the procedures for the conduct of orderly elections of the Nation, and to provide clearly defined

duties and responsibilities of the Election Board members and other persons employed by the

Oneida Nation in the conduct of elections. [1 O.C. 102.1-1, 102.1-2].

The amendments to the Election law will:

▪ Require the Election Board to ensure election polling equipment and ballots are maintained

in a locked and secured area when not in use for an election [1 O.C. 102.4-8(a)];

▪ Clarify when a member of the Election Board must recuse themselves from election

activities [1 O.C. 102.4-3];

▪ Remove term limits for members of the Election Board [1 O.C. 102.4];

▪ Clarify the process for submitting referendum questions [1 O.C. 102.7];

▪ Shorten the timeframe for holding an election [1 O.C. 102.8-2. 102.13-1];

▪ Clarify candidate eligibility in regard to positions on the Oneida Business Committee and

Judiciary [1 O.C. 102.9-5];

▪ Transfer hearing authority from the Election Board to the Judiciary [1 O.C. 102.9-8];

▪ Update the process for conducting a caucus [1 O.C. 102.13-1, 102.13-2];

▪ Require notice of the election and election results to be posted on the Nation’s website [1

O.C. 102.14-1, 102.17-2];

▪ Shorten the voter registration form [1 O.C. 102.15-1];

▪ Eliminate provisional ballots for voters who do not show a photo ID or are ruled

ineligible to vote [1 O.C. 102.15-5];

▪ Require a public test of the ballot machines prior to an election [1 O.C. 102.16-1];

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▪

Clarify the process for voters who require assistance at the polls [1 O.C. 102.16-4];

Require the separation of ballots from different polling locations [1 O.C. 102.16-9(a)];

Update the process for handling spoiled ballots [1 O.C. 102.16-10];

Reduce the number of Election Board members required to be at each polling site [1 O.C.

102.16-12(a)];

Update the process for conducting a recount [1 O.C. 102.18];

Clarify and update additional language throughout the Law.

Additional minor changes are made to the draft to update the language and ensure compliance with

drafting style and formatting requirements.

In accordance with the LPA, a public meeting on the proposed amendments to the Election law

was held on November 8, 2018. Four (4) members of the community attended the public meeting

with one (1) person providing oral comments. The public comment period closed on November

16, 2018. The Legislative Operating Committee received two (2) submissions of written comments

during the public comment period. All comments public comments received were accepted,

reviewed, and considered by the Legislative Operating Committee on November 16, 2018. Any

changes made based on those comments have been incorporated into this draft.

Conclusion

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

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Analysis to Draft 2

2018 12 05

AMENDMENTS TO ELECTION LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

GTC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

Fiscal Impact

SPONSOR:

DRAFTER:

ANALYST:

Jennifer Webster

Clorissa N. Santiago

Brandon Wisneski

To update the Nation’s election process to require the Election Board to ensure

election polling equipment and ballots are secured and locked; to clarify when a

member of the Election Board must recuse themselves from election activities; to

remove term limits for members of the Election Board; to clarify the process for

submitting referendum questions; to shorten the timeframe for holding an election;

to eliminate provisional ballots for voters who do not show a photo ID or are ruled

ineligible to vote; to clarify candidate eligibility in regard to positions on the Oneida

Business Committee and Judiciary; to transfer hearing authority from the Election

Board to the Judiciary; to update the process for conducting a caucus; to require

notice of election and election results to be posted on the Nation’s website; to

shorten the voter registration form; to require a public test of the ballot machines

prior to an election; to require separation of ballots between each polling place; to

update the process for handling spoiled ballots; to reduce the number of Election

Board members required to be at each polling site; to update the process for

conducting a recount; and to clarify and update language throughout the law.

The purpose of the Election Law is to govern the procedures for the conduct of

orderly elections of the Nation, including pre-election activities such as caucuses

and nominations [see 102.1-1].

All qualified voters of the Oneida Nation; all elected officials of the Nation; all

candidates for elected office; Election Board; Trust Enrollment Department;

Oneida Police Department; Oneida Records Management Department; Zoning

Department; the Nation’s Secretary; and the Business Committee Support Office.

Election Law; Zoning and Shoreland Protection Law; Open Records and Open

Meetings Law; Boards, Committees and Commissions Law; Garnishment Law; Per

Capita Law.

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 [see 102.19-1].

Candidates deemed ineligible for the ballot by Election Board may appeal to the

Judiciary [see 102.9-8]. Election Board members who violate the Election Law may

be subject to removal in accordance with the Removal Law, termination of

appointment if appointed to fill a vacancy, or sanctions and penalties in accordance

with laws of the Nation [see 102.4-12]. A member who is removed from the

Election Board shall be ineligible to serve on the Election Board for three (3) years

from the time he or she is removed from the Election Board [see 102.4-12(a)(1)].

A public meeting was held on November 8th, 2018.

See fiscal impact statement prepared by Finance Dept. in accordance with the

Legislative Procedures Act.

Page 1 of 12

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Analysis to Draft 2

2018 12 05

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Election Law was adopted by General Tribal Council (GTC) in accordance with Article III, Section

5 of the Constitution. The Election law governs the procedures for the conduct of orderly elections of

the Nation. The Election Law was most recently amended by GTC on April 23, 2017 to incorporate

Constitutional Amendments into the law, including lowering the age of qualified voters from twentyone (21) to eighteen (18).

B. On November 12, 2017, GTC passed a motion to “accept the information presented and for the Oneida

Business Committee to take this information and the discussion to identify amendments to the Election

Law for presentation to and action by the General Tribal Council during calendar year 2018.” The

meeting materials and discussion from this meeting included concerns regarding Election Board,

recount process, recusal process and security of ballots and ballot machines. In addition to the

discussion from this meeting, other potential revisions to the law have been identified by the Election

Board, Trust Enrollment Department, and a review of relevant Judiciary decisions.

C. As a result of this review, the following amendments to this law have been proposed by the Legislative

Operating Committee (LOC). The amendments will update the Nation’s election process to require the

Election Board to ensure election polling equipment and ballots are secured and locked; clarify when a

member of the Election Board must recuse themselves from election activities, remove term limits for

members of the Election Board; clarify the process for submitting referendum questions; shorten the

timeframe for holding an election; eliminate provisional ballots for voters who do not show a photo ID

or are ruled ineligible to vote; clarify candidate eligibility in regard to positions on the Oneida Business

Committee and Judiciary; transfer hearing authority from Election Board to the Judiciary; update the

process for conducting a caucus; require notice of election and election results to be posted on the

Nation’s website; shorten the voter registration form; require a public test of the ballot machines prior

to an election; to require separation of ballots between each polling place; update the process for

handling spoiled ballots; to reduce the number of Election Board members required to be at each polling

site; to update the process for conducting a recount; and clarify and update language throughout the

law.

SECTION 3. CONSULTATION AND OUTREACH

A. The Legislative Operating Committee (LOC) held a work meeting with the Election Board on January

25, 2018 to discuss the board’s ideas for potential amendments. In addition, the LOC reviewed

suggested amendments submitted by the Trust Enrollment Department.

B. The following documents were reviewed in the drafting of this analysis: The Nation’s Constitution, the

Election Board’s bylaws and standard operating procedures, Election Board Final Election Reports,

relevant Oneida Judiciary decisions, and the November 12, 2017 GTC Meeting minutes and materials.

C. The following laws were reviewed in the drafting of this analysis: Zoning and Shoreland Protection

Law, Open Records and Open Meetings Law, and Boards, Committees and Commissions Law. In

addition, the following Election Laws from other tribes were reviewed: Ho Chunk Election Code,

Menominee Nation Election Code, Forest County Potawatomi Election Code, and Stockbridge Munsee

Election Ordinance.

SECTION 4. PROCESS

A. Thus far, this law has followed the process set forth in the Legislative Procedures Act (LPA).

B. The law was added to the Active Files List on December 6, 2017.

C. At the time this legislative analysis was developed, the following work meetings were held/scheduled

regarding the development of this law and legislative analysis:

 January 25, 2018: Work Meeting with Election Board

 March 16, 2018: LOC Work Meeting

 March 19, 2018: LOC Work Meeting

Page 2 of 12

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Analysis to Draft 2

2018 12 05

100

101



March 23, 2018: LOC Work Meeting

March 29, 2018: LOC Work Meeting

April 2, 2018: LOC Work Meeting

April 19, 2018: LOC Work Meeting

May 2, 2018: LOC Work Meeting

June 20, 2018: LOC Work Meeting

July 12, 2018: LOC Work Meeting

August 6, 2018: LOC Work Meeting

August 28, 2018: LOC Work Meeting

September 5, 2018: LOC Work Meeting

October 8, 2018: LOC Work Meeting

October 17, 2018: LOC Work Meeting

November 16, 2018: LOC Work Meeting

SECTION 5. CONTENTS OF THE LEGISLATION

A. Election Board. This section describes the composition and duties of the Election Board. The Election

Board consists of nine (9) members elected by the membership. The Election Board is responsible for

conducting the elections of the Oneida Nation. The following revisions have been made to the Election

Board:

 Term Limits. This law eliminates term limits for members of the Election Board. Election

Board members are elected by the membership. Currently, Election Board members are

limited to two consecutive three-year terms. After serving two terms, Board members must sit

out a term before they can run again [see Election Law, 1 O.C. 102.4-2]. Now, Election Board

members may run for as many terms as they wish.

o Comparison to other Oneida Boards, Committees and Commissions. Most other entities

of the Nation do not have term limits. For example, other elected entities such as Land

Commission, Land Claims Commission, Gaming Commission and Trust Enrollment

Committee do not have term limits. Currently, the only other elected board of the Nation

with term limits is Oneida Nation Commission on Aging (ONCOA). The Police

Commission, an appointed board, has term limit of no more than three consecutive fiveyear terms.

o Comparison to Election Boards of other tribal nations: Menominee Nation, Potawatomi

Nation, Ho Chunk Nation and Stockbridge Munsee have appointed Election Boards which

do not have term limits. However, the appointing body has control over who is appointed

and for how long.

o Advantages and Disadvantages of Term Limits: Potential advantages of term limits are

that they may bring new ideas and fresh perspectives to an elected body and give more

individuals an opportunity to participate in public service. Potential disadvantages of term

limits are that they deprive voters of the ability to elect the candidate of their choice and

that the elected body loses experienced members and institutional knowledge.

 Recusal. Election Board members must recuse themselves from any pre-election, election day

and post-election activities if he or she is a petitioner, applicant or candidate in any election,

or if there is otherwise a conflict of interest [see 102.4-3].

o Immediate Family: A new provision has been added clarifying that Election Board

members must recuse themselves if an immediate family member is a petitioner, applicant

or candidate. This requirement was previously located in the Election Board’s bylaws, but

has been added directly into the law to strengthen and clarify this requirement [see 102.43(b)].

o Definition of Immediate Family Members. An immediate family member is defined as:

an individual’s father, mother, grandparent, sister, brother, wife, husband, daughter, son,

Page 3 of 12

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Analysis to Draft 2

2018 12 05

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father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law,

step-father, step-mother, step-sister, step-brother, step-daughter, step-son and any of these

relations obtained through legal adoption [see 102.3(m)].

o Recusal for Judiciary. Recusal provisions for members of the Nation’s Judiciary are

located in the Oneida Tribal Judiciary Canons of Judicial Conduct. The canons state that a

judge shall withdraw from any matter where the judge has or could be perceived to have a

conflict of interest. The canons go on to state that this includes personal, professional, or

fiduciary relationships between the Judge or an immediate family member of the Judge

[see Oneida Tribal Judiciary Canons of Judicial Conduct 8 O.C. 802, Section 2.2].

 Securing Ballots and Voting Equipment. A new provision has been added that requires the

Election Board to ensure that election polling equipment and ballots are maintained in a locked

and secured area when they are not being used for an Election. This is added to clarify that it

is Election Board’s responsibility to secure the equipment, and that failure to do so is a

violation of this law [see 102.4-8(a)].

 Standard Operating Procedures. The Election Board will be required to develop and follow

standard operating procedures (SOPs) regarding election activities and responsibilities. Any

updates to their standard operating procedures must be presented to the Business Committee

as information. For more information regarding the Election Board’s current SOPs, see

Section 9 “Other Considerations” in this analysis. [see 102.4-8(b)].

 Enforcement and Removal. A new provision has been added regarding Enforcement, which

replaces the previous “Removal” section [see 102.4-12]. Election Board members who violate

the Election Law may be subject to:

o Removal: Election Board members who violate the Election Law may be removed in

accordance with the Removal Law. A member who is removed from the Election Board

will be prohibited from serving on the Election Board for three (3) years.

o Termination of Appointed Members. Election Board members who were appointed to fill

vacancies on the board may have their appointments terminated by the Oneida Business

Committee in accordance with the Boards, Committees and Commissions Law.

o Sanctions and Penalties. Election Board members may be subject to sanctions and

penalties in accordance with laws of the Nation regarding sanctions and penalties. The

Legislative Operating Committee (LOC) is currently drafting a Sanctions and Penalties

Law to increase accountability among elected and appointed officials of the Nation, which

will include members of the Election Board. At the time this analysis was drafted, the LOC

intends to present a Sanctions and Penalties Law to GTC for consideration once the draft

is complete and all legislative requirements are met.

B. Referendums. This section describes the process for referendums. Referendum questions may be

submitted by qualified voters at a caucus prior to an election. The following revisions have been

made to the referendum process to ensure a streamlined process: [see 102.7]

 Standard Form. A provision has been added requiring the Secretary to provide a standard form

to submit referendum questions.

 Yes or No Questions. In addition, referendum questions must be written in the form of a “yes

or no” question. The intent is to ensure that the questions are written clearly for the voter to

answer.

C. Candidate Eligibility. This section describes the requirements to be a candidate. The following

revisions have been made to this section [see 102.9]:

 Applications. This provision clarifies that all candidates, including those nominated at caucus,

must fill out and turn in a completed application packet. Packets will be available in the BC

Support Office. In addition, the Election Board’s current practice is to provide application

packets at the caucus for those that have been nominated. The purpose of requiring the

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application form is to ensure that candidates meet the eligibility requirements for the office

they are seeking [see 102.9-4].

Proof of Minimum Eligibility Requirements. Applicants will now be required to attach proof

that they meet the requirements for the position they are running for. The Election Board must

include a list of the required documents on the application so that applicants are aware of what

they need to submit. If an applicant does not submit the required documentation or does not

completely fill out the application form, they will be disqualified by the Election Board [see

102.9-4(e)]. If an applicant feels they were unfairly disqualified, they can appeal to the

Judiciary.

o Example: An example of required documentation is proof of residency for positions that

require members to reside in Brown or Outagamie County or copies of degrees and

transcripts for positions that require a degree.

Applying for More than One BC or Judiciary Position. Under the current law, applicants

cannot run for more than one Business Committee or Judicial position. For example, an

applicant cannot file to run for both BC Chairperson and Councilperson in the same election.

However, the current law doesn’t state how the Election Board should handle this situation

when it occurs. This has led to cases in the Oneida Judiciary, where the Judiciary noted: “the

statute is silent as to whether a person has the opportunity to cure any defects and, if so, how

much time is afforded to cure such defects. Furthermore, the statute says nothing about

disqualifying a candidate from the election entirely who runs for more than one elective office”

[see Metoxen v. Election Board 17-AV-007]. Therefore, the following new provisions have

been added [see 102.9-5]:

o Include Restriction in Application Packet & Announce at Caucus. The restriction on

running for multiple BC or Judicial offices will be included in the application packet and

read aloud at the caucus, to ensure that all potential candidates are aware before applying

[see 102.9-5(a)].

o Process If an Applicant Applies For More Than One BC or Judiciary Position: If an

individual applies to run for more than one BC or Judiciary office, the Election Board will

only accept the first application that the individual submitted. Any additional applications

from that individual for other BC or Judicial offices will be rejected. The BC Support

Office will be required to timestamp all applications in the order they are received, and the

time stamp will be used to determine which application the individual filed first.

o Currently, the Election Board reports that they attempt to contact the applicant to determine

which office they want to run for. However, the Election Board has not always been able

to reach applicants in time for the deadline. The purpose of this new process is to provide

clear guidelines to applicants, the Election Board, and the Judiciary. It places responsibility

on applicants to follow the law while ensuring that applicants are not disqualified from the

ballot entirely.

Transfer of Hearing Authority to Judiciary. This law removes the Election Board’s hearing

body authority and transfers it to the Judiciary. In the current law, when an applicant is found

ineligible to be on the ballot by the Election Board, they can appeal that decision to a hearing

body made up of four (4) members of the Election Board. Instead, applicants will now appeal

directly to the Judiciary on an accelerated schedule [see 102.9-8].

Chart 1. Current Appeals Process for Candidates Found Ineligible for Ballot:

Applicant declared

ineligible for ballot

by Election Board

Candidate appeals

to Election Board

Hearing Body

(4 members)

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Election Board

Hearing Body

issues decision

Applicant may

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on accelerated

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Chart 2. Proposed Appeals Process for Candidates Found Ineligible for Ballot:

Applicant declared

ineligible for ballot

by Election Board

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Candidate appeals

to Judiciary on

accelerated

schedule

Judiciary

issues decision

Transfer of Hearing Body Authority. GTC established a Judiciary through the adoption of

the Judiciary Law by GTC on January 7, 2013 and the approval of Article V to the Nation’s

Constitution in 2015. Since that time, several boards, committees and commissions have

transferred their hearing authority to the Judiciary, including Environmental Resource

Board (ERB) and Land Commission. The intent of transferring the Election Board’s

hearing authority is to continue consolidating administrative and judicial hearing

responsibilities in the Judiciary to increase consistency in the hearing process.

D. Restrictions on Campaigning and Campaign Signs. This section describes the restrictions on

campaigning, campaign signs and campaign finance. The following revisions have been made to

this section [see 102.11].

 No Campaigning in Nation-Owned Buildings. A new provision has been added stating that

individuals cannot campaign in a building owned and operated by the Nation, with the

following exceptions:

o Private property, such as a residential house or apartment, a private business, or land not

owned by the tribe.

o Official election events sanctioned by the Election Board, including candidate forums and

debates. For example, an official candidate forum held at the Radisson.

o A room or space rented by an individual to hold an event.

 Existing Campaign Restrictions. The current law already restricts employees from

campaigning during work hours. The current law also restricts candidates from campaigning

within 280 feet of the voting area during an election.

 Process for Fines. Under the current law, the Election Board may issue fines for violating

campaign finance or campaign sign restrictions. This law clarifies that any campaign fines

must be paid to the Election Board within (90) ninety days after the fine is issued. The Election

Board may seek to collect fines through garnishment and per capita process if not paid in 90

days. Fines will be placed into the Nation’s general fund [see 102.10-4 and 102.11-4]

 Types of Campaign Fines: In addition to fines for campaign finance violations and campaign

sign violations, the Election Board may now impose fines for violating restrictions on

campaigning within two hundred eighty (280) feet of the voting area during an election and

violating the new restriction on campaigning in buildings owned and operated by the Nation

[see 102.11-4].

 Removal of Campaign Signs. A provision has been revised clarifying that the Zoning

Administrator is responsible for removing any campaign signs that are not in compliance with

the Election Law or Zoning and Shoreland Protection Law [see 102.11-5].

E. Candidate Withdrawal from the Election. This section describes the process for a candidate to

withdraw from an election prior to the submission of the ballot, prior to the opening of the polls,

after the opening of the polls, or after winning an election [see 102.12].

 Declining Office After Winning Election. A provision has been added clarifying that if a

candidate declines an office after winning an election and after taking the oath of office, it will

be treated as a resignation. If a candidate declines an office after winning but before taking the

oath of office, then the next highest vote-getter will be declared the winner [see 102.12-6].

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F. Shortening Caucus and Primary Election Timeline. Changes have been made to the election

timelines to potentially shorten the length of the election season:

 Caucus Timeline. In the current law, the caucus must be held at least ninety (90) days prior to

the general election. Instead, the caucus will now be held at least seventy-five (75) days prior

to the general election [see 102.13-1(a)].

 Primary Election Timeline. In the current law, the primary election must be held on a Saturday

at least sixty (60) days prior to the general election. Instead, the primary election will now be

held on a Saturday at least thirty (30) days prior to the general election [see 102.8-1].

o Note that these deadlines refer to “at least,” or the minimum number of days prior to an

election. This means that Election Board may schedule the caucus or primary election more

than seventy-five (75) or thirty (30) days before the election.

 Effect. The effect of these changes will potentially:

o increase the length of time from the caucus to primary election from at least 30 days to at

least 45 days;

o shorten the length of time from the primary election to the general election from at least 60

days to at least 30 days;

o shorten the length of the entire election season from the caucus to the general election from

at least 90 days to at least 75 days;

Chart 3. Current Election Timeline:

Chart 4. Proposed Election Timeline:

Caucus

(at least 75 days before

General Election)

General Election

Primary Election

(at least 30 days before

General Election)

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G. Caucus Procedure. The section describes the caucus process for selection of candidates.

 Nominating Candidates by Motion. More detail has been added to the law to reflect the current

caucus process. The law clarifies that each position will be opened and closed for nomination

by motion during the caucus: [see 102.13-2]

o Example: A motion will be made to open nominations for the BC Chairperson position.

Once all nominations have been made for BC Chairperson, nominations will be closed for

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that position. Then, a motion will be made to open nominations for BC Vice Chair position,

and so on. The intent of this provision is to ensure an orderly caucus.

o If a candidate is not present at the caucus, or arrives late and misses the position they

wanted to be nominated for, they can still petition to be on the ballot. A petition to be on

the ballot requires only 10 signatures.

 Nominating Yourself. A new provision has been added clarifying that an individual cannot

nominate themselves at the caucus. They must be nominated by someone else. [see 102.132(b)(1)].

H. Posting Election Notices & Tentative Results on the Nation’s Website. A provision has been added

requiring election notices and tentative election results to be posted on the Nation’s website, in

addition to being posted to the prominent locations.

 The prominent locations include: the polling places, the Norbert Hill Center, the Oneida

Community Library, the Oneida Community Health Center, the Southeastern Oneida Tribal

Services (SEOTS) building, and all fuel stations operated by the Nation. The prominent

locations have been revised to remove Tsyunhehkwa Retail store, which is now called Oneida

Market and is located within an Oneida One Stop [see 102.3-2(t)].

 Require Notices to be posted to Website. Election notices must be posted in the prominent

locations and the Nation’s “official media outlets,” which includes both the Nation’s website

and the Nation’s newspaper [see 102.14 and BC Resolution 03-22-17-B]. Tentative Election

results must be posted to the prominent locations and the Nation’s website [see 102.17-2]. The

purpose of requiring results to be posted on the website is to ensure that tribal members and

candidates receive election results quickly and conveniently.

I. Mailing Election Notices. The current law requires election notices to be mailed to all members of

the Nation. This provision has been changed to require election notices to be mailed only to members

of the Nation who are eligible to vote in the election. This means that the notice will be mailed to

enrolled tribal members age 18 years or older at the time of the election [see 102.14-3].

J. Shortened Voter Registration Form at Polling Site. When voters sign-in at the polls on election

day, they must fill out a voter registration form. This form has been shortened to only require name,

date of birth and enrollment number. The requirement that voters write down their maiden name and

current address has been removed. The intent of shortening this form is to speed up the line for

voters on Election Day. The Election Board reports that name, date of birth and enrollment number

are enough information to identify voters [see 102.15-1].

K. Elimination of Provisional Ballots for Voters Ruled Ineligible. Voters who are ruled ineligible to

vote at the polls by election officials will no longer have the right to cast a ballot or challenge the

decision of the election officials. An example of why a voter would be deemed ineligible to vote is

failure to show a photo ID [see 102.15-5].

 Current Process. Currently, if a voter is deemed ineligible, they are still allowed to cast a

ballot. However, the ballot is placed in a sealed envelope and signed by two Election Board

members. The voter is then required to submit an appeal to the Election Board within two (2)

business days in order to challenge the Election Board’s decision. The Election Board then

has five (5) business days to issue a final decision on the voter’s eligibility. The Election Board

will only count the ballot if the board determines the individual was, in fact, eligible to vote.

L. Public Test of Ballot Machines. A new provision has been adding requiring a public test of the

ballot machines prior to each election. The Election Board will conduct this test no more than ten

(10) days prior to election day, and the public test will be noticed in the Nation’s newspaper and

website. The test will be performed by running a group of pre-audited marked ballots through the

machine to ensure that the machine records the correct, predetermined number. The intent of the

public test is to increase voter confidence in the voting equipment [see 102.16-1].

 Public Tests of Ballot Machines in Wisconsin. The public test is modeled after public tests

held by Wisconsin municipalities to test their own ballot machines under section 5.84(1) of

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Wisconsin Statutes. Examples of area municipalities that hold public tests of ballot machines

include the City of De Pere, City of Green Bay, and Village of Ashwaubenon.

M. Voter Assistance. The Election Law has been clarified to state that a voter with a disability or other

impairment can request assistance from a member of the Election Board or any other qualified voter

of their choosing. A qualified voter is an enrolled member of the Oneida Nation aged 18 or older.

For example, a voter can request assistance from a family member or friend, as long as that person

is a qualified voter. The purpose of this revision is to clarify that voters may be assisted by any

qualified voter of their choosing, whether they are a member of the Election Board or not [see

102.16-4].

 Qualified Voters Only. The intent of limiting assistance to qualified voters is to restrict the

voting area to qualified voters only, consistent with 102.16-8 of this law, which states that this

restriction is in the interest of maintaining security of the ballots and the voting process

N. Separation of Milwaukee and Oneida Ballots. A provision has been added to the law requiring

ballots from each polling site to be kept separate. There are currently two polling sites, one in Oneida

and one in Milwaukee. During the 2017 general election, the ballots from the manual count in

Milwaukee were combined with the machine count in Oneida. During recounts, it was no longer

possible to determine if a ballot came from the Milwaukee or Oneida count. By keeping the ballots

separate throughout the election process, it will be easier to determine if there were irregularities at

one of the polling sites [see 102.16-9(a)].

O. Spoiled Ballots Procedure. The process for spoiled ballots has been revised. Spoiled ballots will

now be placed in a locked, sealed container marked “spoiled ballots.” Previously, spoiled ballots

were placed in a marked envelope. In addition, the voter will now be required to witness their spoiled

ballot being placed into the container. The purpose of these provisions is to increase voter confidence

and to ensure that spoiled ballots are handled properly [see 102.16-10].

P. Reducing Number of Election Board Members Required at the Polls. The minimum number of

Election Board members required to be present at each polling site on Election day to sign the

election totals has been reduced from six (6) members to four (4) members. With the new ballot

machines, the Election Board reports that they are able to open and close the polls more efficiently,

requiring fewer members to be present. The Election Board also reports that lowering the number

of Board members required at each polling place may reduce the need for alternates. The Election

Board suggests this may produce a cost savings [see 102.16-12].

Q. Recount Process. Several revisions have been made to the recount process:

 Extension of Deadline for Recount Requests. A provision has been added regarding deadlines

for a candidate to request a recount. Currently, candidates have five (5) business days after an

election to request a recount. If a recount reverses the result of an election, the candidate who

lost as a result of the recount will now have one (1) additional business day to request their

own recount. This ensures that a candidate impacted by a recount will still have the opportunity

to request their own recount [see 102.18-2(a)].

 Require Election Board to Complete Recounts within Two (2) Business Days. Upon

receiving a recount request from the Nation’s Secretary, the Election Board will now have two

(2) business days to complete a recount instead of five (5) days. The purpose of shortening the

deadline is to get recount results out sooner, especially if the recount changes the result of the

election and the losing candidate wishes to request their own recount [see 102.18-4].

 Recounts Conducted by Hand and by Machine. Currently, there is a discrepancy in the

Election Law regarding whether the Election Board must conduct recounts by hand or by

machine. A change has been made that will now require the Election Board to both hand count

and machine count the ballots during a recount. The intent of this change is to increase voter

confidence in the process and ensure an accurate count [see 102.18-7].

 Posting Recount Results. The Election Board will now be required to post the tentative

recount results just like any other election results. The results will be posted in the prominent

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locations and the Nation’s official media outlets within 24 hours of the recount [see 102.189]. The intent of this change is to increase transparency of the recount process.

R. Minor Drafting Changes. Minor drafting changes have been made throughout the law, such as

changing “judge” to “Election judge” for clarity.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to Other Laws. The following laws of the Nation are referenced in this law. This law does

not conflict with any of the referenced laws.

 Open Records and Open Meetings Law. Among the duties of the Election Board Secretary is to

keep a record of Election Board meetings and make them available to the Nation’s Secretary, other

Election Board members, and the public as required by the Open Records and Open Meetings Law

[see 102.4-9(c)].

 Boards, Committees and Commissions Law. Stipend rates for Election Board members will be set

in accordance with the Boards, Committees and Commissions Law. At the time this analysis was

drafted, Election Board members receive $100 per meeting and $10 per hour to conduct elections

[see 102.4-10].

 Personnel Policies and Procedures. Employees of the Nation are not allowed to campaign during

work hours. Employees that violate this provision will be subject to disciplinary action in

accordance with the Nation’s Personnel Policies and Procedures [see 102.11-1(c)].

 Zoning and Shoreline Protection Law. The Zoning Administrator shall remove any campaign signs

that are not in compliance with this law, in accordance with the Zoning and Shoreline Protection

Law [see 102.11-3].

 Garnishment Law and Per Capita Law. If a fine issued by the Election Board is not paid by the

deadline, the Election Board may seek to collect the money owed through the Nation’s garnishment

and/or per capita attachment process [see 102.10-4(b)].

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Elimination of Provisional Voting. This law eliminates an existing right to challenge the decision of

election officials if a voter is deemed ineligible to vote on election day. An example of why a person

would be deemed ineligible to vote is failure to show a Photo ID.

 Current Process: Under current law, if a voter is deemed ineligible to vote on election day, he or

she may still fill out a ballot. This ballot is sealed in a numbered envelope and initialed by two

Election Board members. The voter then has two (2) business days to mail a written appeal to

Election Board. The Election Board will issue a final decision, and will only count the ballot if it

is determined that the voter was, in fact, an eligible voter.

 Proposed Process: Under this proposed law, if a voter is deemed ineligible to vote on election day,

they cannot fill out a ballot and cannot challenge the decision of the Election officials.

 Provisional Voting in State of Wisconsin. The Wisconsin Election Commission reports that for

state elections, voters can receive a provisional ballot if they are unable or unwilling to provide

proof of identification. Provisional ballots are not counted unless the voter provides the required

information to the municipal clerk by 4:00 pm of the Friday following the election.

 Provisional Voting in Other Tribes. There are examples of other tribes that allow versions of

provisional ballots:

o Ho Chunk Nation: If the eligibility of a voter is questioned, the ballot of that voter will be

enclosed in an envelope which will be endorsed with the voter’s name, the reason for the

challenge, and any refutation of the challenge. The Election Board will make the final

determination of the eligibility of the voter and will count the votes of those determined

eligible to vote [see Ho Chunk Election Code 13(j)].

o Forest County Potawatomi: If the eligibility of a voter is questioned by the Election Board,

the ballot of that voter shall be enclosed in an envelope which shall be endorsed with his

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

or her name and the reason for the challenge. Challenges shall be made only on the basis

of eligibility for voting membership in the Tribe as specified in Article VI, Section 5 of the

Constitution of the Forest County Potawatomi Community. The eligibility of all challenged

ballots must be determined by a majority of the Election Board before tallying any votes.

If the voter is determined to be eligible that envelope will be opened and the ballot placed

in the ballot box [see Forest County Potawatomi Election Code 2.8].

Conclusion: The LOC should be aware that removing provisional voting eliminates an existing

right of voters of the Nation. Whether to allow provisional voting is a policy decision.

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

A. Challenging an Election. 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 [see 102.19-1].

B. Challenging Election Board Decision Regarding Candidate Eligibility. An applicant found to be

ineligible for a nominated or petitioned for position shall have two (2) business days to request a

hearing with the Judiciary to review the eligibility status of the applicant [see 102.9-8].

C. Enforcement and Removal. Election Board members who violate the Election Law may be subject

to removal in accordance with the Removal Law, termination of appointment if appointed to fill a

vacancy, or sanctions and penalties in accordance with laws of the Nation [see 102.4-12].

D. Final Report. The Election Board is required to 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. The Final Report must include the following information: Total number of persons

voting; total votes cast for each candidate by subsection of the ballot; list of any ties and final results

of those ties, including the method of resolution; list of candidates elected and position elected to;

number of spoiled ballots; and cost of the election, including compensation paid to each Election

Board member [see 102.19-2].

SECTION 9. OTHER CONSIDERATIONS

A. New Ballot Machines. The Election Board reports that they have purchased two (2) new DS200 ballot

machines. The Election Board reports that these machines include a regular maintenance schedule. For

more information regarding these machines, contact the Election Board.

B. Election Board Standard Operating Procedures (SOPs). The Business Committee Support Office has

worked with the Election Board to place their Standard Operating Procedures (SOPs) on the Nation’s

website, so that all members have access to the processes by which an election is conducted. The

Election Board’s SOPs include detailed instructions regarding ballots, the ballot box, testing ballot

machines, conducting elections, breaking a tie, conducting recounts and other-election related topics.

The SOPs may be viewed by selecting “Oneida Election Board” at www.oneidansn.gov/government/boards-committees-and-commissions/elected/

 What is an SOP? SOPs are the detailed, step-by-step instructions for how an entity implements a

law or policy. The intent of an SOP is to ensure consistency in the process. Unlike laws, Election

Board SOPs are developed by the Election Board.

C. Sanctions and Penalties Law. The Legislative Operating Committee (LOC) is currently drafting a

Sanctions and Penalties Law to increase accountability among elected and appointed officials of the

Nation, which will include members of the Election Board. Currently, the only remedy for elected

officials is the Removal Law. However, there may be instances of misconduct that do not rise to the

level of removal. In these cases, other sanctions such as verbal warnings, written warnings, suspension

or fines may be more appropriate. This new law will create a formal complaint process and allow for

corrective actions against officials who violate laws, bylaws and SOPs of the Nation. At the time this

analysis was drafted, the LOC intends to present a Sanctions and Penalties Law to GTC for

consideration once the draft is complete and all legislative requirements are met.

D. Update Resolution Setting Fines for Election Violation. This law states that the Business Committee

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will pass a resolution specifying fines for violations of campaign finance restrictions [see 102.10-2(a)].

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The Business Committee passed a resolution setting fines for certain campaign violations in 2014 [see

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BC-01-22-14-A]. However, this resolution does not include fines for campaign finance violations or for

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the new restrictions on campaigning within buildings owned and operated by the Nation. In addition,

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references to specific sections of the law within the resolution may become out of date upon adoption

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of these amendments.

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 Recommendation: The Business Committee should consider amending resolution BC-01-22-14-A

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to update references to this law and to specify fines for campaign finance violations and

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campaigning within buildings owned and operated by the Nation.

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 Updated Application: The Election Board will be required to update the application form to

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o A list of required documents that applicants must submit to meet minimum eligibility

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requirements.

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o A statement that applicants cannot apply to run for more than one Business Committee or

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Judiciary position.

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 Updated Election Board SOPs: The Election Board will need to update their SOPs to comply with

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all amendments to this law.

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 New Referendum Form: The Nation’s Secretary will be required to provide a standard referendum

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form at the caucus.

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F. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

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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 [see Legislative Procedures Act 1 O.C. 109.6-1].

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 A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

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Committee and may be prepared by any agency who may receive funding if the legislation is

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enacted; who may administer a program if the legislation is enacted; who may have financial

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information concerning the subject matter of the legislation; or by the Finance Office, upon request

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of the Legislative Operating Committee [see Legislative Procedures Act 1 O.C. 109.6-1(a) and

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(b)].

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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.

102.8.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Election Board

General ElectionCandidate Eligibility

Special Election

Referendums

Primary Elections for Oneida Business Committee

Positions

102.9. Candidate Eligibility

102.10. Campaign Financing

102.11. Campaign Signs and Campaigning

102.12. Candidate Withdrawal from the Election

102.13. Selection of Candidates

102.714. Notice of Polling Places

102.815. Registration of Voters

102.916. Election Process

102.10. Tabulating and Securing Ballots

17. 102.11. Election OutcomeOutcomes and Ties

102.12. Elections18. Recount Procedures

102.19. Challenges102.13. Oneida Nation Constitution and BylawDeclaration of Results

102.20. Constitutional Amendments

102.1. Purpose and Policy

102.1-1. Purpose. It is the policypurpose of the Nation that this law shallto 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 Policy. It is the policy of the Nation to have clearly defined duties

and responsibilities of the Election Board members and other persons employed by the Oneida

Nation in the conduct of elections. ItThis law 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

GTC-__-__-__-__

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.(a) “Administrative offices” means the locations where the Oneida Business

Committee conducts business.

(b) “Alternate” shall mean an individual appointed by the Oneida Business Committee to

serve on the Election Board during an election and until election results have been certified.

102.3-3.(c) “Applicant” shall mean a potential candidate who has not yet been officially

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approved for acceptance on a ballot.

102.3-4.(d) “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m.,

excluding holidays of the Nation.

102.3-5.(e) “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.

102.3-6.(f) “Candidate” shall mean a petitioner or nominee for an elected position whose

name is placed on the ballot by the Election Board after successful application.

102.3-7.(g) “Clerk” shall mean the election officialan Election Board member 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.(h) “Conflict of Interestinterest” 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.(i) “Constitution” means the Constitution and By-laws of the Oneida Nation.

(j) “Election” shall mean every primary and election.

102.3-11.(k) “Election Judge” shall mean an Election Board member who informs and

advises the Election Board Chairperson of discrepancies, complaints and controversy

regarding voter eligibility.

(l) “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

Oneida Business Committee, and may include contestselections for other 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.(m) “Immediate family member” means an individual’s father, mother,

grandparent, sister, brother, wife, husband, daughter, son, father-in-law, mother-in-law,

sister-in-law, brother-in-law, daughter-in-law, son-in-law, step-father, step-mother, stepsister, step-brother, step-daughter, step-son, and any of the these relations attained through

legal adoption.

(n) “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.(o) “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.(p) “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.(q) “Official media outlets” means the Oneida Nation’s website and the

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Kalihwisaks newspaper as identified by the Oneida Business Committee through resolution

BC-03-22-17-B.

(r) “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a

individual employed as a police officer on any police forcewith the Oneida Police

Department.

102.3-18.(s) “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.(t) “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 South Eastern Oneida Tribal Services

(SEOTS) building, and all One-Stop locationsfuel stations operated by the Nation.

102.3-20.(u) “Qualified voter” shall mean an enrolled member of the Nation who is

eighteen (18) years of age or older as defined in Article III, Section 2 of the Constitution.

102.3-21.(v) “Rejected Ballotsballots” shall mean those ballots which are rejected by the

vote tabulating machine.

102.3-22.(w) “Spoiled Ballotballot” shall mean a ballot which contains a voter error or is

otherwise marred and is not tabulated.

102.3-23.(x) “Teller” shall mean the election officialan Election Board member in charge

of collecting and storing of all ballots.

102.4. Election Board

Section A. 102.4-1. 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. Composition. 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/ or herself from participating as

an Election Board member in any pre-election, election day, or post-election activities while he or

she is a petitioner, applicant or candidate in any election or there is otherwise a conflict of

interest.when:

(a) he or she is a petitioner, applicant or candidate in any election;

(b) a petitioner, applicant, or candidate in any election is an immediate family102.4-4. 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. member of the Election Board member; or

102.4-4. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the

Oneida 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.

102.4-65. The Election Board shall identify members who shall serve as tellers, judgesElection

Judges and clerks in advance of an election.

102.4-76 Election Board Alternates. The Oneida Business Committee may appoint or reappoint

1 O.C. 102 – page 3

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a sufficient number of alternates to the Election Board, as recommended by the Election Board, to

assist withduring an election day and pre-until election activitiesresults have been certified.

102.4-87. The Election Board shall choose a Chairperson from amongst themselves as set out in

the By-lawsbylaws 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 a Secretary.

Section B. 102.4-8. 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 ensure that the election polling equipment and ballots are

maintained in a locked and secured area when not in use for an election;

(b) The Election Board shall develop and adhere to standard operating procedures

regarding election activities and responsibilities;

(1) The Election Board shall present updated and/or new standard operating

procedures to the Oneida Business Committee who shall then accept the standard

operating procedures as information only.

(d) The Election Board shall be in charge of all registration and election procedures; and

(be) 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. 102.4-9. Specific Duties of Officers and Election Board Members

102.4-10. Specific. All Election Board members shall be required to attend all Election Board

meetings. Additional specific duties of the Chairperson and other Election Board members, in

addition to being present at all Election Board meetings and assisting include the handicapped

through the voting process, are as set out hereinfollowing:

(a) Chairperson: Shall. The Chairperson of the Election Board shall conduct the following

duties:

(1) 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

(2) oversee the conduct of the election; shall

(3) dismiss the alternates and Trust Enrollment Department personnel when their

election day duties are complete; and shall post and report election results.

(4) post and report election results.

(b) Vice-Chairperson: Shall. The Vice-Chairperson shall preside over all meetings in the

absence of the Chairperson.

available to the Nation’s Secretary, other Election Board members, and the public as

required in the Open RecordsNation’s laws and Open Meetings Lawpolicies governing

open records and open meetings.

(d) Clerks: Shall. The clerks shall implement the requirements of identifying and

registering all voters and determining voter eligibility. Clerks shall work in conjunction

with the Trust Enrollment Department personnel in the registration process, and assist the

1 O.C. 102 – page 4

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Chairperson as directed in conducting the election. Clerks cannot be currently employed

by the Trust Enrollment Department.

(1) Clerks shall not be currently employed by the Trust Enrollment Department.

(e) Tellers: Shall. Tellers shall collect and keep safe all ballots, until the election is

complete, as determined by this law. Shall, and shall assist the Chairperson in conducting

the election.

(f) Election Judges: Shall. Election 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 Election 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. 102.4-10. Stipend Rates. Election Board members shall receive a stipend in accordance

with the Nation’s laws, policies, and resolutions governing boards, committees, and commissions.

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 Oneida Business Committee. The

Election Board shall have a budget, approved through the Nation’s budgeting process.

102.4-1211. Compensation of other Election Personnel. The Trust Enrollment Department

personnel and Oneida Police Officer(s) shall be compensated at their regular rate of pay out of

their respective budgets when performing official duties during an election in accordance with this

law.

102.4-12. Enforcement. A member of the Election Board found to be in violation of this law may

be subject to:

(a) removal pursuant to any laws and/or policies of the Nation’s governing removal, if the

Election Board member was elected to his or her position;

(1) A member who is removed from the Election Board shall be ineligible to serve

on the Election Board for three (3) years from the time he or she is removed from

the Election Board.

(b) termination of appointment by the Oneida Business Committee pursuant to any laws

and/or policies of the Nation governing boards, committees, and commissions, if the

Election Board member was appointed to his or her position by the Oneida Business

Committee; and/or

sanctions and/or penalties.

102.5. General Elections

102.5-1. In accordance with Article III, Section 5 of the Constitution, general elections shall be

held in the month of July on a date set by the General Tribal Council.

(a) The General Tribal Council shall set the election date at the January annual meeting,

or at the first General Tribal Council meeting held during a given year.

102.6. Special Elections

102.6-1. Initiation of Special Elections. A special election may be initiated by a request or

1 O.C. 102 – page 5

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directive of the General Tribal Council or the Oneida Business Committee.

(a) A member of the Nation may make a request for a special election to the Oneida

Business Committee or the General Tribal Council.

102.6-2. Matters subject to a special election include, but are not limited to, referendum questions,

vacancies, and/or petitions. Matters subject to a special election may be placed on the ballot of a

general election.

102.6-3. A special election shall follow the processes and procedures established for all other

elections.

102.6-4. The date of a special elections shall be set by the Oneida Business Committee as

recommended by the Election Board, or as ordered by the Judiciary in connection with an election

challenge.

102.6-5. Notice of Special Elections. Notice of a special election shall be posted by the Election

Board in the prominent locations, and placed in the Nation’s official media outlets not less than

ten (10) calendar days prior to the special election.

102.6-6. Emergency Cancelation of Special Elections. In the event of an emergency, the Election

Board may reschedule the special election, provided that no less than twenty-four (24) hour notice

of the rescheduled special election date is given to the voters, by posting notices in the prominent

locations.

102.7. Referendums

102.7-1. A qualified voter may submit a referendum question to be included on the ballot for a

general or special election for the purpose of soliciting an opinion from the voters of that election

on any issue directly affecting the Nation or its general membership.

102.7-2. The Nation’s Secretary shall develop and make available in the Business Committee

Support Office a standard referendum form.

102.7-3. A referendum question shall be written in a manner that solicits a “yes” or “no” response.

102.7-4. The referendum form shall be presented to the Nation’s Secretary at the caucus prior to

an election. Once received at a caucus, the referendum question shall be placed on the ballot of the

next election.

102.7-5. The results of a referendum question in which a majority of the qualified voters who cast

votes shall be binding on the Oneida Business Committee to present the issue for action and/or

decision at General Tribal Council.

102.8. Primary Elections for Oneida Business Committee Positions

102.8-1. There shall be a primary election for an Oneida Business Committee position whenever

there are three (3) or more candidates for any officer position or sixteen (16) or more candidates

for the at-large 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.

102.8-2. The primary election shall be held on a Saturday at least thirty (30) calendar days prior

to the election.

1 O.C. 102 – page 6

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102.8-3. The Election Board shall cancel the primary election if the Oneida Business Committee

positions did not draw the requisite number of candidates for a primary by the petitioning deadline

date.

102.8-4. 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 102.12-3 and 102.12-4 shall be followed, including the requirement to

print a notice in the Nation’s official media outlets if time lines allow.

102.9. Candidate Eligibility

Section A. Requirements

102.5-1. In102.9-1. All applicants shall meet the minimum eligibility requirements in order to

become a candidate, in addition to any specific requirements and/or exceptions set out in duly

adopted by-lawsbylaws or other documents, all applicants shall meet the minimum requirements

set out in this section in order to become a candidate..

102.59-2. Minimum Eligibility 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.; and

been nominated or for which they have petitioned. Proof of residency may be through one

(1) or more of the following:

(1) a valid Wisconsin driver’s license;

(2) a bill or pay check stub showing name and physical address of the candidate

from the prior or current month;

(3) another form of proof that identifies the candidate and that the candidate has

physically resided at the address and identifies that address as the primary

residence.

102.59-3. Conflict of Interest. No applicant mayshall 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.

102.59-4. Applications and petitions where thefor Candidacy. An applicant interested in being

considered as a candidate for a position that was not nominated duringat a caucus or will be

petitioning for candidacy shall be filed by presenting the informationsubmit an application for

candidacy to the Nation’s Secretary, or designated agent, or the Business Committee Support

Office.

(a) The application for candidacy shall be submitted in person during normal business

hours, 8:00 a.m. to 4:30 p.m., Monday through Friday, within five (5) business days after

the caucus.

(b) No mailed, internal Nation mail delivery, faxed or other delivery method shall be

accepted.

102.5-5.(c) The Nation’s Secretary or the Business Committee Support Office shall

timestamp when an application for candidacy is received.

1 O.C. 102 – page 7

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(d) Proof of Minimum Eligibility Requirements. At the time of submission, the application

for candidacy shall include attached documentation verifying that the applicant meets the

minimum eligibility requirements.

(1) The application for candidacy shall include a list of the required documentation

for each office.

(e) An application that is incomplete or does not include attached documentation verifying

the applicant meets the minimum eligibility requirements at the time of submission shall

be disqualified.

102.9-5. An applicant for a position on the Oneida Business Committee or a position within the

Judiciary shall only be eligible to apply for one (1) elective office or position per election.

(a) A statement of the ineligibility of an applicant to apply for more than one (1) elective

office or position if applying for a position with the Oneida Business Committee or the

Judiciary shall be included in the application materials as well as the notice for the caucus,

and read verbally at the start of the caucus.

(b) If an applicant provides an application for candidacy or petition for candidacy for more

than one position or office if applying for a position on the Oneida Business Committee or

the Judiciary, then the application which was filed first shall be accepted while any other

applications shall be disqualified.

(1) The Election Board shall review the timestamps on the applications to

determine which application shall be accepted.

102.9-6. 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 Election

Board’s designated agentdesignee.

Section B102.9-7. 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) QualificationQualifications of the position and citationreference to the source of the

source. (qualification requirements. 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 designatedrequest a hearing on the notice by hand

delivery. The location designatedineligibility determination with the Judiciary.

102.9-8. Request for a Hearing on Ineligibility. An applicant found to be ineligible for a

nominated or petitioned for position shall have two (2) business days to request a hearing with the

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Judiciary to review the eligibility status of the applicant. The Judiciary shall hear and decide a

request for a hearing on ineligibility within two (2) business days after the request is filed. Any

appeal to the appellate body of the Judiciary shall be on the Reservation. No mailed, internal

Nation mail, faxed or other delivery method will be acceptedfiled 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.

Section C. 102.10. Campaign Financing

102.5-8. Contributions:

(a) Solicitation of Contributions by Candidates.

(10-1) Candidates. A candidate shall only accept contributions from individuals who are members

of the Nation or individuals related by blood or marriage to the candidate. Candidates may

102.10-2. A candidate shall not accept contributions from any business, whether sole

proprietorship, partnership, corporation, or other business entity.

(2) Candidates102.10-3. A candidate shall not solicit or accept contributions in any office or,

business/ and/or facility of the Nation.

(b) Fines. Violation102.10-4. Violations of Campaign Financing Restrictions. A violation of the

contributioncampaign financing restrictions shall result in a fine imposed by the .

(a) The Election Board shall impose the fine in an amount specified in a resolution adopted

by the Oneida Business Committee.

(b) Fines shall be paid to the Election Board within ninety (90) days after the fine is issued.

If the fine is not paid by this deadline, the Election Board may seek to collect the money

owed through the Nation’s garnishment and/or per capita attachment process.

102.5-911. Campaign Signs and Campaigning:

102.11-1. Restrictions on Campaigning. The following restrictions on campaigning apply to all

candidates:

(a) No campaigning of any type shall be conducted within two hundred and eighty (280)

feet of the voting area during an election, excluding private property.

(b) No campaigning of any type shall be conducted within a building that is owned and

operated by the Nation.

(1) Exception. An exception to the prohibition against campaigning in a building

owned and operated by the Nation shall be made for:

(A) private property;

(B) an official election event sanctioned by the Election Board including,

but not limited to, a candidate debate or forum; or

during work hours. (a)

(1) Enforcement. The Nation’s employees shall be subject to disciplinary action

under the Nation’s laws and policies governing employment for political

campaigning during work hours.

102.11-2. Placement of Campaign Signs. Placement of campaign signs shall be pursuant to the

following restrictions:

1 O.C. 102 – page 9

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Draft 2 for GTC Consideration (Redline to Current)

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(1a) Campaign signs shall not be posted or erected on any property of the Nation except

for private property with the owner/ or tenant’s permission.

(2b) 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.

(3c) No campaign sign shall project beyond the property line into the public right of way.

(b) Removal of campaign signs.102.11-3. All campaign signs shall be removed within five (5)

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. of Sign Placement. The Zoning Administrator shall cause to be removedremove

any campaign signs that are not in compliance with this law, in accordance with the Zoning and

Shoreland Protection LawNation’s laws and policies governing zoning. The Zoning Administrator

shall notify the Election Board of campaign sign violations.

(e) Fines. Violation of the102.11-4. Violations of Campaign Restrictions. A violation of a

restriction on campaigning, or campaign sign restrictions shall result in a fine imposed by the .

(a) The Election Board shall impose the fine in an amount specified in a resolution adopted

by the Oneida 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 indi

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.