# Oneida Business Committee (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa5e8c49118f23185 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 153 Oneida Business Committee Executive Session 10:00 AM Tuesday, December 11, 2018 Executive Conference Room, 2nd floor, Norbert Hill Center Regular Meeting 8:30 AM Wednesday, December 12, 2018 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING A. Special Recognition for Years of Service Sponsor: Geraldine Danforth, Area Manager/Human Resources III. ADOPT THE AGENDA IV. MINUTES A. V. Approve the November 28, 2018, regular Business Committee meeting minutes Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary RESOLUTIONS A. Adopt resolution entitled FY 2019-2022 Oneida Nation Tribal Transportation Improvement Plan (TTIP) and FY 2019 TTP Retained Services Agreement (RSA) Sponsor: Troy Parr, Division Director/Community & Economic Development B. Adopt resolution entitled Updating and Clarifying Access to the Economic Development, Diversification and Community Development Fund Sponsor: Trish King, Treasurer Oneida Business Committee Regular Meeting Agenda Page 1 of 5 December 12, 2018 Public Packet VI. VII. 2 of 153 APPOINTMENTS A. Determine next steps regarding one (1) vacancy term ending December 31, 2021 Oneida Nation Veterans Affairs Committee Sponsor: Jennifer Webster, Councilwoman B. Determine next steps regarding one (1) vacancy term ending February 29, 2020 Oneida Pow-wow Committee Sponsor: Ernie Stevens III, Councilman C. Determine next steps regarding one (1) vacancy - Oneida Nation School Board (AtLarge) Sponsor: Brandon Stevens, Vice-Chairman STANDING COMMITTEES A. FINANCE COMMITTEE 1. B. C. LEGISLATIVE OPERATING COMMITTEE 1. Accept the November 21, 2018, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman 2. Approve the adoption packet for Election Law Amendments for consideration at the January 21, 2019, special GTC meeting Sponsor: David P. Jordan, Councilman QUALITY OF LIFE COMMITTEE 1. VIII. Approve the December 3, 2018, regular Finance Committee meeting minutes Sponsor: Trish King, Treasurer Accept the October 11, 2018, regular Quality of Life Committee meeting minutes Sponsor: Brandon Stevens, Vice-Chairman TRAVEL REPORTS A. Approve travel report - Councilman Ernie Stevens III - Three (3) events - Milwaukee, WI and New York, NY - September 5-7, 2018 Sponsor: Ernie Stevens III, Councilman 1. 2. 3. Department of Natural Resources (DNR) Annual Tribal Consultation 5th Annual Media for Social Impact Summit 2018 Indian Summer Festival Tribal Leaders Meeting Oneida Business Committee Regular Meeting Agenda Page 2 of 5 December 12, 2018 Public Packet IX. X. XI. 3 of 153 B. Approve travel report - Councilman Kirby Metoxen - Native American Tourism of Wisconsin (NATOW) Board meeting and Great Lakes Inter-tribal Council, Inc. (GLITC) Board meeting - Wisconsin Dells, WI - November 12-14, 2018 Sponsor: Kirby Metoxen, Councilman C. Approve travel report - Councilmen David P. Jordan and Kirby Metoxen - New Horizons 2018 Wisconsin Tribal Transportation Conference & Wisconsin Department of Transportation meeting - Milwaukee, WI - November 5-7, 2018 Sponsor: David P. Jordan, Councilman; Kirby Metoxen, Councilman TRAVEL REQUESTS A. Approve travel request in accordance with § 219.16-1 - Nine (9) Oneida Nation Veterans Affairs Committee members - 74th Anniversary Ira Hayes Iwo Jima Flag Raising Ceremony - Sacaton, AZ - February 22-24, 2019 Sponsor: James Martin, Chair/ONVAC B. Approve travel request - Councilwoman Jennifer Webster - Indian Health Care Improvement Fund (IHCIF) - Arlington, VA - February 11-14, 2019 Sponsor: Jennifer Webster, Councilwoman NEW BUSINESS A. Approve two (2) actions regarding funding for Oneida language classes in area public school districts (item scheduled for 9:00 a.m.) Sponsor: George Skenandore, Division Director/Governmental Services B. Post three (3) vacancies for parent/guardian positions - Oneida Nation School Board Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary C. Re-post one (1) vacancy - Oneida Community Library Board Sponsor: Business Committee Support Office on behalft of Lisa Summers, Secretary D. Approve NHC SOP entitled Building Access Control for Norbert Hill Center Sponsor: Tehassi Hill, Chairman REPORTS A. ELECTED BOARDS, COMMITTEES, COMMISSIONS 1. Determine next steps regarding the Oneida Land Commission FY-2018 4th quarter report (item not submitted) Sponsor: Rae Skenandore, Chair/OLC Oneida Business Committee Regular Meeting Agenda Page 3 of 5 December 12, 2018 Public Packet XII. XIII. 4 of 153 GENERAL TRIBAL COUNCIL A. Approve three (3) actions regarding the FY-2020 Budget Sponsor: Trish King, Treasurer B. Defer the notice and materials for the January 21, 2019, tentatively scheduled GTC meeting to the December 14, 2018, special BC meeting for approval Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary EXECUTIVE SESSION A. REPORTS 1. Accept the Intergovernmental Affairs, Communications, and Self-Governance November 2018 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Excerpt from November 29, 2018: Motion by David P. Jordan to defer the Intergovernmental Affairs, Communications, and Self-Governance November 2018 report to the December 12, 2018, regular Business Committee meeting, seconded by Trish King. Motion carried. 2. B. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel UNFINISHED BUSINESS 1. Accept the update regarding 1940 W Mason St property Sponsor: Patrick Pelky, Division Director/Environmental, Health, Safety & Land Excerpt from November 29, 2018: Motion by Trish King to direct the Environmental, Health, Safety & Land Division Director to provide an update on the 1940 W. Mason St. property to the identified parties for the December 11, 2018, Business Committee executive session discussion, seconded by Ernie Stevens III. Motion carried. 2. C. File # ED18-029 - Accept the update Sponsor: Troy Parr, Division Director/Community & Economic Development NEW BUSINESS 1. Review applications for one (1) vacancy for term ending December 31, 2021 Oneida Nation Veterans Affairs Committee Sponsor: Jennifer Webster, Councilwoman 2. Review applications for one (1) vacancy for term ending February 29, 2020 Oneida Pow-wow Committee Sponsor: Ernie Stevens III, Councilman Oneida Business Committee Regular Meeting Agenda Page 4 of 5 December 12, 2018 Public Packet XIV. 5 of 153 3. Review applications for one (1) vacancy - Oneida Nation School Board (AtLarge) Sponsor: Brandon Stevens, Vice-Chairman 4. Approve changes and adopt two (2) resolutions regarding the Oneida Governmental 401(k) Plan and Oneida Enterprise 401(k) Plan Sponsor: Larry Barton, Chief Financial Officer 5. Determine next steps regarding reorganization plan Sponsor: Daniel Guzman King, Councilman 6. File # 2018-DR08-03 - Review complaint (item scheduled for 10:00 a.m.) Sponsor: Tehassi Hill, Chairman 7. Adopt resolution regarding Contract Support Costs Sponsor: Jennifer Webster, Councilwoman 8. Enter the e-poll results into the record - Approved Thornberry Creek at Oneida's FY-19 operating budget Sponsor: Business Committee Support Office on behalf of Lisa Summers, Secretary ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 5 of 5 December 12, 2018 Public Packet 6 of 153 Special Recognition for Years of Service Oneida Business Committee Agenda Request 1. Meeting Date Requested: 12 / 12 / 18 2. General Information: Session: [g] Open Agenda Header: D Executive - See instructions for the applicable laws, then choose one: !Announcement/Recognition D Accept as Information only [g] Action - please describe: Presentation of Years of Service Certificates to twenty (21) employees by their immediate supervisor along with the Business Committee. 3. Supporting Materials D Report D Resolution D Contract [g] Other: 1.just of employees to be recognized 3. 2. 4. D Business Committee signature required 4. Budget Information D Budgeted - Tribal Contribution D Budgeted - Grant Funded 5. Submission Authorized Sponsor/ Liaison: Primary Requestor: Maureen Metoxen, Exec Assist Your Name, Title/ Dept. or Tribal Member Additional Requestor: Name, Title/ Dept. Additional Requestor: Name, Title / Dept. Page 1 of2 D Unbudgeted Public Packet 7 of 153 Oneida Business Committee Agenda Request 6. Cover Memo: Describe the purpose, background/history, and action requested: HRD coordinates efforts on a quarterly basis, with all supervisors and the Business Committee to recognize employees who have reached the 25+ years milestone. With the assistance from each supervisor, HRD will create the certificate to be presented to the Years of Service recipient. The number of recipients for 1st quarter 2019 is 71 as compared to an avg. of approximately 20 recipients in past quarters, therefore, we had to break the 1st quarter recipients into 3 groups. The first group will be recognized on December 12, followed by the remainder groups on January 8th and January 22nd. 1) Save a copy of this form for your records. 2) Print this form as a *.pdf OR print and scan this form in as *.pdf. 3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org Page 2 of 2 Public Packet 8 of 153 · NAME . . . ·. . SUPJ:RVI$.Q~• .. DO.t:1./ ...• ,yos• METOXEN,IRVIN J OCCHINO,LANCE J Oct 1, 1978 :/ .•.. 401 SUMMERS,LINDA METOXEN,BARBARA R Oct 18, 1978 401 DANFORTH,DEBRA HILL,TEHASSI TASI/Danelle Wilson 8/29/1983 JORDAN,SCOTT D SKENANDORE,TONIA H Oct 7, 1983 'l'>a=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have 102.1. 102.2. 102.3. 102.4. 102.5. 102.6. 102.7. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 102.12. 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 1 O.C. 102 – page 1 Public Packet 70 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 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 1 O.C. 102 – page 2 Public Packet 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 71 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 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 (c) there is otherwise a conflict of interest. 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 Public Packet 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 72 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 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. (c) The Election Board shall assist individuals with disabilities through the voting process; (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. (c) Secretary: Shall. The Secretary shall keep a record of the meetings and make them available to the Nation’s Secretary, other Election Board members, and the public as required in the Open 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 Public Packet 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 73 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 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 (c) sanctions and penalties pursuant to any laws and/or policies of the Nation governing 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 Public Packet 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 74 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 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. (c) Any position where a tie exists to determine the candidates to be placed on the ballot shall include all candidates where the tie exists. 102.8-2. 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 Public Packet 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 75 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 102.8-3. 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 (c) provide proof of physical residency as required for the position for which they have been nominated or for which they have petitioned. Proof of residency may be through one (1) or more of the following: (1) a valid Wisconsin driver’s license; (2) a bill or pay check stub showing name and physical address of the candidate from the prior or current month; (3) another form of proof that identifies the candidate and that the candidate has physically resided at the address and identifies that address as the primary residence. 102.59-3. 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 Public Packet 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 76 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 (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.); (c) A brief summary explaining why the applicant was found to be ineligible.; and (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 1 O.C. 102 – page 8 Public Packet 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 77 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 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. (c) Money received from fines shall be deposited into the General Fund. 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 (C) an event held in a room and/or space rented by an individual. (c) Employees of the Nation shall not engage in campaigning for offices of the Nation 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 Public Packet 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 78 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 (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. (c) Employees of the Nation shall not engage in campaigning for offices of the Nation during work hours. The Nation’s employees shall be subject to disciplinary action under the personnel policies and procedures for political campaigning during work hours. (d) Enforcement. 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 indicating they are withdrawing from the election prior to the opening of the polls to any Election Board member, excluding alternates. This statement shall be posted alongside any sample ballot printed prior to the election in the newspaper or any posting at the polling places. 102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the Election Board members in charge of the polling place, to be removed from the ballot. The written statement shall be posted next to any posted sample ballot. (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. (c) Money received from fines shall be deposited into the General Fund. 102.11-5. Removal of Campaign Signs. All campaign signs shall be removed within five (5) business days after an election. 102.5-13. Candidates 12. Candidate Withdrawal from the Election 102.12-1. A candidate may withdraw from the election at any time. A candidate withdrawing by any method listed hereinwithin this section shall be denied any position from which they have withdrawn regardless of the number of votes cast for that candidate. A written statement shall be considered the only necessary evidence of withdrawal and acceptance of denial of any position withdrawn from. 102.12-2. Withdrawal Prior to Submission of the Ballot. A candidate may withdraw his or her 1 O.C. 102 – page 10 Public Packet 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 79 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 name from a ballot prior to submission of the ballot for printing if the withdrawal is submitted in writing by the candidate to any Election Board member, excluding alternates. 102.12-3. Withdrawal Prior to the Opening of the Polls. After the ballot is printed, a candidate may withdraw his or her name from the election prior to the opening of the polls by submitting in writing a statement indicating they are withdrawing from the election to any Election Board member, excluding alternates. (a) This written withdrawal statement shall be posted alongside any sample ballot printed prior to the election in the official media outlets of the Nation or any posting at the polling places. 102.12-4. Withdrawal After Opening of the Polls. A candidate may withdraw after the opening of the polls by submitting a request to be removed from the ballot, in writing, to the Election Board members in charge of the polling place. (a) The written withdrawal statement shall be posted next to any posted sample ballot. 102.12-5-14. Candidate Withdrawal After Winning an Election but Before the Oath is Taken. (a) In the event a candidate declines an office after winning an election, the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a Special Electionspecial election shall be held. 102.12-6. 2.6. Selection of Candidates Section A Candidate Withdrawal After Taking an Oath of Office. In the event a candidate declines an office after winning an election and taking an oath of office, the withdrawal shall be treated as a resignation of an official. 102.13. Selection of Candidates 102.13-1. Setting of a Caucus 102.6-1. The Election Board shall be responsible for calling a caucus before any election is held. (a) The caucus for the general election shall be held at least ninety (90seventy-five (75) calendar days prior to the election date. Caucuses (b) A caucus for other elections a special election shall be held at least forty-five (45) calendar days prior to the election date. (c) In a general election year, caucuses shall be combined so that candidates for the Oneida Business Committee and other elected boards, committees and commissionspositions are nominated at the same caucus. 102.613-2. Caucus Procedures. The procedures for thea caucus shall be as follows: (a) Candidates(a) Each position shall be opened and closed for nominations by motion during the caucus. A nomination for a position shall only be accepted when a position is open for nominations. (1) Once nominations are closed for a particular position, an applicant may petition to be on the ballot for that position. (b) Once a position is opened for nominations a candidate shall be nominated for a position from the floor. (b) Candidates(1) An individual shall not nominate himself or herself for a position during the caucus. 1 O.C. 102 – page 11 Public Packet 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 80 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 (c) A candidate present at the caucus willshall accept/ or decline theirhis or her nomination at the caucus. CandidatesA candidate nominated at the caucus, but not present at the caucus to accept the nomination, shall be required to follow the petition process. (cd) Nominations shall consist of the following positions: (1) Oneida Business Committee Chairperson,; (2) Oneida Business Committee Vice-Chairperson,; (3) Oneida Business Committee Treasurer,; (4) Oneida Business Committee Secretary,; (5) Oneida Business Committee Council Member; and (6) Any other elected positions as required by by-laws or creating documents of a board, committee, or commission.bylaws, resolution, or law of the Nation. Section B102.13-3. Petition 102.6-3. for Candidacy. Any eligible member of the Nation may petition to be placed on a ballot according to the following proceduresfor an election. The procedure for a petition for candidacy shall be as follows: (a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s original signatures; photocopies shall not be accepted. (b) Petitionersfor candidacy. A petitioner shall use an official petition form as designated by this law and application for candidacy which may be obtained in the Business Committee Support Office of the Nation’s Secretary or from the mailing for that caucus. (b) A petitioner shall obtain at least ten (10) signatures of qualified voters on the petition form. The petition form shall contain the original signatures of the qualified voters. Photocopies of signatures shall not be accepted. (c) The petition form shall consist of each endorsee’squalified voter’s: (1) printed name and address; (2) date of birth; (3) Oneida Nation Enrollment Numberenrollment number; and (4) signature. (d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as defined under this law. (e(d) Petitions shall be presented to the Nation’s Secretary, or designated agent,the Business Committee Support Office during normal business hours, 8:00 a.m. to 4:30 p.m. Monday through Friday, but no later than prior to close of business five (5) business days after the caucus. The location to drop-off petitions shall be identified in the mailing identifying the caucus date. (fe) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson the next business day following the close of petition submissions. (gf) The Election Board shall haveforward the petitions to the Trust Enrollment Department verifyfor verification that all signatures containedindividuals who provided a signature on the petition. are a qualified voter of the Nation. 102.6-4. A person who runs for a position on the Oneida Business Committee, or a position on a judicial court or commission, shall not run for more than one (1) elective office or seat per election. 1 O.C. 102 – page 12 Public Packet 81 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 102.714. Notice of Polling Places 102.714-1. The Election Board shall post a notice of the election in the prominent locations and on the official media outlets, stating the location of the polling places and the time the polls will be open. This notice shall also be posted in an easily visible position, close to the entrance of the Nation’s businesses/ and/or facilities. 102.714-2. PollingNotice of the election and polling information shall be posted no less than ten (10) calendar days prior to the election, and shall remain posted until the poll closes on the day of the election. 102.714-3. Except for a Special Electionspecial election, notice for the election shall be mailed to all members of the Nation memberseligible to vote in the election, stating the time and place of the election and a sample of the ballot, no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior to the requested mailing. 102.7-4. Notice of the election shall be placed in the Nation’s newspaper. 102.815. Registration of Voters Section A. Requirements 102.815-1. Voter Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years of age or over, are qualified. Qualified voters of such shall physically register on the day of the election(s) as defined in Article III, Section at the polls by signing his or her name on an official Voter Registration Form containing the following information: (a) name; (b) date of birth; and (c) enrollment number. 102.15-2 of the Oneida Nation Constitution. Section B. Identification of Voters 102.8-2. All qualified voters mustshall present one of the following picture identifications in order to be able to vote: (a) Oneida Nation I.D.identification card; (b) Drivers License.Driver’s license; or (c) Other I.D. withidentification card that contains a name and photophotograph. Section C. Registration Procedures 102.8-3. Voters shall physically register, on the day of the election, at the polls. 102.8-4.102.15-3. Trust Enrollment Department personnel shall be responsible for verifying enrollment with the Nation. ConductThe conduct of Trust Enrollment Department personnel is governed by the Election OfficialsBoard members during the voting period. 102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration Form containing the voter’s following information: (a) name and maiden name (if any); (b) current address; (c) date of birth; and 1 O.C. 102 – page 13 Public Packet 82 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 (d) enrollment number. Section D. Qualification/15-4. Verification of Voter Eligibility 102.8-6. Should a question or dispute arise as to the eligibility of a voteran individual being qualified to vote, the Judges of the Election Officials appointed by thean Election Board Chairpersonmember serving as an Election Judge shall meet with the Trust Enrollment Department personnel who are registering voters, to decide the voting member’s eligibility currently being questioned, and shall make such decisions from the facts available, whether the applicant is, in fact, qualified/ and verifiable under the Oneida Nation Constitution, Article III Section 2, of the Constitution to vote in the Nation’s elections. 102.8-715-5. Any voter denied eligibility shall not be allowed to vote in the election. 102.16. Election Process , provided102.16-1. Public Test of Ballot Machines. No more than ten (10) days prior to an election, the Election Board shall publicly test the ballot machines to ensure that the ballot machine correctly counts the votes cast for all offices and on all measures. (a) Notice of the public test of the ballot machines shall be placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of the voterposted in the Nation’s official media outlets at least ten (10) days prior to the public test. (b) All ballot machines shall be written next to a numbered list which corresponds to the numbered and sealed envelope. The voter shalltested during the public test, no matter what polling location the ballot machines will ultimately be required to mail a written appeal to the Election Board at P.O. Box 413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they desire to challenge the decision made by the Election Officials.used for. (c) The Election Board shall make a final decision, within five (5) business days of receiving the appeal and shall report this decision in the final report sent to the Oneida Business Committeeconduct the test by processing a pre-audited group of marked ballots to ensure the machine properly records the predetermined number of votes on the test ballots. 102.916-2. Election Process Section A. Polling Places and Times 102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections shall be held in the month of July on a date set by the General Tribal Council. The General Tribal Council shall set the election date at the January annual meeting, or at the first GTC meeting held during a given year. SpecialLocation. Elections shall be set in accordance with 102.12-6. 102.9-2. Elections shall be held in an Oneidafacilities of the Nation facility(s) as determined by the Election Board. 102.916-3. Polling Time. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All qualified voters in line to vote at 7:00 p.m. shall be allowed to vote. (a) If a ballot counting machine is used, the ballot counting machine shall be prepared prior to 7:00 a.m. on the day of the election. The Election Judges shall open the polls only after four (4) members of the Nation verify, through signature on the tape, the ballot box is empty and the ballot counting machine printer tape has a zero (0) total count. 1 O.C. 102 – page 14 Public Packet 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 83 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 102.9-4.102.16-4. Voter Assistance. A voter who requires assistance to complete the voting process, due to a disability or impairment, may request assistance from a member of the Election Board or from another qualified voter. 102.16-5. At least one (1) Oneida Police Officer shall be present during the time the polls are open, and until the counting of ballots is completed, and tentative results are posted. 102.9-516-6. The Election Board shall provide a voting area sufficiently isolated for each qualified voter, such that there is an area with at least two (2) sides and a back enclosure. 102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of the voting area, excluding private property. 102.916-7. No one causing a disturbance shall be allowed in the voting area. 102.916-8. Election Board members may restrict the voting area to qualified voters only. This restriction is in the interest of maintaining security of the ballots and voting process. Section B102.16-9. Ballot Box 102.9-9. All ballots being votesused to vote, shall be placed in a receptacle clearly marked "Ballot Box" and," except for those ballots spoiled or rejected. The ballot box shall be locked until counting at the close of polls. Provided that, withWith electronic ballot counting, the ballots may be placed within the ballot counting machine as they are received. Section C(a) Ballots received from each polling location shall remain separate. 102.16-10. Spoiled Ballots 102.9-10. If a voter spoils his/ or her ballot, he/ or she shall be given a new ballot. 102.9-11.(a) The spoiled ballot shall be marked "VOIDvoid" and initialed by two (2) Election OfficialsBoard members and placed in an envelopea locked sealed container marked as "Spoiled Ballots." The voter who spoiled his or her ballot shall witness the spoiled ballot be marked as “void” and placed into the locked sealed container. 102.9-12.(b) The Spoiled Ballot envelopeslocked sealed containers shall be retained and secured for no less than fifteen (15) calendar days following finalization of any challenge of the election, at the Records Management Department. Section D102.16-11. Rejected Ballots 102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed. (a) Computer rejected ballots shall be reviewed by the Election OfficialsBoard members to verify the authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final computer total, provided that, a new ballot was not received as set out in sectionssection 102.916-10 through 102.9-12governing spoiled ballots. (b) Ballots rejected, either during the computer process or during a manual counting, shall be reviewed by the Election OfficialsBoard members to verify that they are authentic. If the Election OfficialsBoard members determine that the ballot is not an official ballot, or that it is an illegal ballot, the ballot shall be designated ‘“void,’” and placed in a sealed container marked “Void Ballots.” 102.10. Tabulating and Securing Ballots Section A16-12. Machine Counted Ballots 102.10-1. When ballots are counted by machine, at the close of polls theElection Judges shall 1 O.C. 102 – page 15 Public Packet 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 84 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 generate from the ballot counting machine copies of the election totals from the votes cast at the close of the polls. 102.10-2.(a) At least six (6four (4) Election Board members shall sign the election totals, which shall include the tape signed by the members of the Nation before the polls were opened per section 102.916-3(a). Section B102.16-13. Manually Counted Ballots 102.10-3. When ballots are manually counted, at the close of polls theElection Judges shall unlock the ballot box and remove the ballots at the close of the polls. 102.10-4.(a) If the ballots need to be counted at a location other than the polling site, the ballots shall be secured in a sealed container for transportation to the ballot counting location. The sealed ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election OfficialsBoard members for counting/ and tallying of ballots. 102.10-5.(b) The sealed ballots shall be opened at the time of counting by the Election OfficialsBoard members and witnessed/ and monitored by an Oneida Police Officer. 102.10-6.(c) Ballots must be counted by two (2) different Election OfficialsBoard members until two (2) final tallies are equal in back to back counting. Final tallies shall be verified by the Election Judges. Section C102.16-14. Securing Ballots 102.10-7. The Election Judges shall place together all ballots counted and secure them together so that they cannot be untied or tampered with without breaking the seal. The secured ballots, and the election totals with the signed tape, if applicable, shall then be secured by the Election Judges in a sealed container in such a manner that the container cannot be opened without breaking the seals or locks, or destroying the container. The Oneida Police Officer shall then deliver, on the day of the election, the sealed container to the Oneida Police Department for retention. The Oneida Police Officer shall then deliver the sealed container to the Records Management Department for retainingretention on the next business day. 102.1117. Election Outcome and Ties Section A102.17-1. Election Results Announcement 102.11-1. The tentative results of an election shall be announced and posted by the Election Board within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain the following statement: "The election results posted here are tentative results. Final election results are forwarded by the Oneida Election Board to the Oneida Business Committee via a Final Report after time has lapsed for recount requests, or challenges or after all recounts or challenges have been completed, whichever is longer” 102.1117-2. The Election Board shall post, the tentative results of the election in the prominent locations, and publish inthe tentative results on the Nation’s newspaper, the tentative results of an electionwebsite. Section B. Tie 102.1117-3. Tie . In the event of a tie for any office, and where the breaking of a tie is necessary to determine the outcome of an election, the Election Board shall conduct an automatic recount of 1 O.C. 102 – page 16 Public Packet 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 85 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 the votes for each candidate receiving the same number of votes. Any recount conducted shall be the only recount allowed for the tied candidates. 102.11-4. For17-4. Ties of an Oneida Business Committee Position. For Oneida Business Committee positions, a run-off election between the candidates with the same number of votes shall be held if there remains a tie after the recount. Said run-off election shall be held within twenty one (21) calendar days after the recount. 102.17-5. Ties of Other Elected Positions. For all otherelected positions other than the Oneida Business Committee, if there remains a tie after the recount, the Election Board shall decide the winner of the tied positions at least two (2) business days after, but no more than five (5) business days after the recount through a lot drawing, which shall be open to the public. (a) The Election Board shall notify each of the tied candidates and the public of the date, time, and place of the drawing at least one (1) business day before the drawing. Notice to the tied candidates shall be in writing. Notice to the public shall be posted by the Election Board in the prominent locations. (b) On the date and at the time and place the drawing was noticed, the Election Board Chairperson shall clearly write the name of each tied candidate on separate pieces of paper in front of any witnesses present. The pieces of paper shall be the same, or approximately the same, color, size, and type. The papers shall be folded in half and placed in a container selected by the Election Board Chairperson. (c) The Election Board Chairperson shall designate an uninterested party to draw a name from the container. The candidate whose name is drawn from the container first shall be declared the winner. An Election Board member other than the Chairperson shall remove the remaining pieces of paper from the container and show them to the witnesses present. Section C102.18. Recount Procedures 102.11-5.18-1. Eligibility for a Recount. A candidate may request the Election Board to complete a recount, provided the margin between the requesting candidate’s vote total and vote total for the unofficial winner was within two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is greater. 102.18-2. Requesting a Recount. A candidate requestsmay request a recount by hand delivering a written request to the office of the Nation’s Secretary, or noticed designated agentthe Business Committee Support Office, within five (5) business days after the election. (a) Requests shall be limited to one (1) request per candidate. (b) The five (5) business day deadline for submitting a request for a recount may be extended for one (1) business day after the tentative results of a recount are announced, for a candidate who has not yet utilized his or her one (1) recount request, and who is directly impacted by a recount of the results which lead to a reversal in the results of the election. 102.18-3. The Nation’s Secretary shall contact the Election Board Chairperson by the next business day after the request for recounts. 102.11-618-4. The Election Board shall respond byconduct the close of requested recount within two (2) business on the fifth (5th) daydays after receiving the request regarding the results of the recount. Provided that, no recount request need be honored where there have been two (2) recounts completed as a result of a request either as a recount of the whole election results, or of that subsection.from the Nation’s Secretary. 102.11-7. All(a) The Election Board shall not honor a recount request where there have 1 O.C. 102 – page 17 Public Packet 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 86 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 been two (2) recounts shall be conducted manually with, if possible, the original Election Officials and Oneida Police Officer present, regardlesscompleted as a result of the original type: (1) a request for a recount of counting process. Manual recounts may, at the discretion of the Election Officials, be of the totalthe whole election results,; or of the challenged (2) a request of a recount of a sub-section of the election results. 102.11-8. The18-5. An Oneida Police Officer shall be responsible for picking up the locked, sealed container with the ballots from the Records Management Department and transporting it to the ballot recounting location. 102.11-918-6. A recount shall be conducted by a quorum of the Election Board, including at least three (3) of the original Election Officials.Election Board members originally present during the election to count the ballots or review the election totals from the ballot machine. The locked, sealed ballots shall be opened by the Election Board Chairperson and an Oneida Police Officer shall witness the recount. 102.11-10. Recounting of ballots may be performed manually or by computer.18-7. All recounts shall be conducted both manually and by machine count with, if possible, the original Election Board members and Oneida Police Officer present. Recounts may, at the discretion of the Election Board members, be of the total election results, or of the challenged sub-section of the election results. 102.18-8. All ballots shall be counted until two (2) final tallies are equal in back to back counting and the total count of ballots reconciles with the total count from the ballot counting machine. Sub-sections of candidates may be recounted in lieu of a full recount. (a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be counted twice by different persons and certified by the Election Judges. (b) Computer counted ballots shall be recounted twice and certified by the Election Judges. Prior to using The Election Board shall certify that an electronic ballot counting device, it shall be certified as correct is in good working order and can accurately count ballots prior to using the device in a recount, The certification of the electronic ballot counting device shall come from either by the maker, of the machine, the lessor of the machine, or the Election Board. Section D102.18-9. The Election Board shall post tentative results of the recount within twentyfour (24) hours of the recount being completed. The Election Board shall post the tentative results in the prominent locations, and publish on the Nation’s website. 102.19. Challenges and Declaration of Results 102.11-1119-1. Challenges. Any qualified voter may challenge the results of an election by filing a complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall hear and decide a challenge to any election within two (2) business days after the challenge is filed. Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after the issuance of the lower body’s decision and decided within two (2) business days after the appeal is filed. (a) The person challenging the election results shall prove by clear and convincing evidence that the Election Law was violated or an unfair election was conducted, and that 1 O.C. 102 – page 18 Public Packet 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 87 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 the outcome of the election would have been different but for the violation. (b) If the Judiciary invalidates the election results, a Special Electionspecial election shall be ordered by the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon as the Election Lawthis law allows for a Special Electionspecial election. 102.11-1219-2. The Final Report. The Election Board shall forward a Final Report to the Nation’s Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges have been completed, whichever is longer. The Final Report shall consist of the following information: (a) Total number of persons voting.; (b) Total votes cast for each candidate by subsection of the ballot.; (c) List of any ties and final results of those ties, including the method of resolution.; (d) List of candidates elected and position elected to.; (e) Number of spoiled ballots.; and (f) Cost of the election, including the compensation paid to each Election Board member. 102.11-1319-3. Declaration of Results. The Business Committee shall declare the official results of the election and send notices regarding when the swearing in of newly elected officials shall take place within ten (10) business days after receipt of the Final Report. 102.11-14. Candidates19-4. A candidate elected to the Oneida Business Committee shall resign from any salaried position effective prior to taking aan Oneida Business Committee oath of office 102.11-1519-5. Except in the event of an emergency, as determined by the Oneida Business Committee, a newly elected officialsofficial shall be sworn into office no later than thirty (30) calendar days after the official results of an election are declared by the Oneida Business Committee. (a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall be considered vacant and the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a Special Electionspecial election shall be held. 102.11-1619-6. The Election Board shall send notice to the Records Management Department to destroy the ballots thirty (30) calendar days after the election or after the final declaration of official election results occurs, whichever is longer. 102.12. Elections20. Constitutional Amendments Section A. Primary Elections; Business Committee 102.1220-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty (60) calendar days prior to the election. 102.12-2. There shall be a primary election for Business Committee positions whenever there are three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions. (a) The two (2) candidates receiving the highest number of votes cast for each officer position shall be placed on the ballot. (b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large council member positions shall be placed on the ballot. (c) Any position where a tie exists to determine the candidates to be placed on the ballot shall include all candidates where the tie exists. 1 O.C. 102 – page 19 Public Packet 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 88 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 102.12-3. The Election Board shall cancel the primary election if the Business Committee positions did not draw the requisite number of candidates for a primary by the petitioning deadline set for the primary. 102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a winner in the primary, the Election Board shall declare the next highest primary vote recipient the primary winner. This procedure shall be repeated as necessary until the ballot is full or until there are no available candidates. If the ballot has already been printed, the procedures for notifying the Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to print a notice in the Nation’s newspaper if time lines allow. Section B. Special Elections 102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as defined in this law, may be placed on the same ballot as the subject matter of an election. 102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business Committee as recommended by the Election Board or as ordered by the Judiciary in connection with an election challenge. 102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the Special Election. 102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided that no less than twenty-four (24) hours notice of the rescheduled election date is given to the voters, by posting notices in the prominent locations. Section C. Referendums 102.12-9. Registered voters may indicate opinions on any development, law or resolution, proposed, enacted, or directed by the Business Committee, or General Tribal Council, in a special referendum election. (a) Referendum elections in which a majority of the qualified voters who cast votes shall be binding on the Business Committee to present the issue for action/decision at General Tribal Council. (b) Referendum requests may appear on the next called for election. (c) Referendum questions are to be presented to the Nation’s Secretary, in writing, at the caucus prior to election, regarding issues directly affecting the Nation or general membership. Section D. Initiation of Special Elections 102.12-10. Special Elections may be initiated by a request or directive of the General Tribal Council or the Oneida Business Committee. 102.12-11. Special Election may be requested by a member of the Nation to the Business Committee or General Tribal Council. 102.12-12. All Special Elections shall follow rules established for all other elections. This includes positions for all Boards, Committees and Commissions. 102.13. Oneida Nation Constitution and By-law Amendments 102.13-1. Pursuant to Article VI of the Oneida Nation Constitution, amendments to the Oneida 1 O.C. 102 – page 20 Public Packet 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 89 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition of qualified voters. 102.20-2. Constitutional Amendments by the Oneida Business Committee. The requirements for the Oneida Business Committee’s initiation of Constitutional amendments to the Constitution are as provided in the Constitution and as. Additional requirements for constitutional amendments by the Oneida Business Committee shall be further detailed in the supporting standard operating procedures which the Oneida Business Committee shall adopt. 102.20-3. Constitutional Amendments by a Petition of Qualified Voters. Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting a petition to the Office of the Nation’s Secretary which includes the full text of the proposed amendments and signatures that are equal in number to at least ten percent (10%) of all members qualified to vote. (a) Qualified voters may request a petition form from the Office of the Nation’s Secretary or the Business Committee Support Office. (b) WhenUpon the request of a petition form is requested, the Nation’s Secretary, or his or her designee, shall directinform the Trust Enrollment Department tothat a petition form has been requested and a calculation of the signatures currently required for a petition submittal is needed. The Trust Enrollment Department shall then calculate the number of signatures currently required for a petition submittal, which shall be ten percent (10%) of all members qualified to vote on the date the petition form is requested from the Nation’s Secretary or the Business Committee Support Office of, and provide this information to the Nation’s Secretary. When the Nation’s Secretary receives the calculation from the Trust Enrollment Department, the Nation’s Secretary shall provide the requester with the petition form and the number of signatures that are currently required. (c) Such petitions shall be circulated with all supporting materials and submitted a minimum of ninety (90) days prior to the election at which the proposed amendment is to be voted upon. If a petition includes supporting materials in addition to the petition form, each qualified voter signing the petition shall also acknowledge that the supporting materials were available for review at the time he or she signed the petition by initialing where required on the petition form. (d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment Department for verification of signatures and tothat all individuals who provided a signature on the petition are qualified voters of the Nation and to notify the Election Board to provide notice that the petition may need to be placed on an upcoming ballot. (e) If the petition is verified by the Trust Enrollment Department to contain signatures from at least ten percent (10%) of all qualified voters, the Election Board shall make an official announcement of the proposed amendments to the Oneida Nation Constitution at least sixty (60) days prior to the election at which the proposed amendments are to be voted on. 102.13-220-4. The Election Board shall place any proposed amendments to the Oneida Nation Constitution that meet the requirements contained in 102.13-1of this law on the ballot at the next general election. Provided that, the Oneida Business Committee or General Tribal Council may order a special election be held to consider the proposed amendments. In such circumstances, the Election Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the next special election. 102.13-320-5. The Election Board shall publish any proposed amendments to the Constitution by publishing a sample ballot no less than ten (10) calendar days prior to the election, through a mass 1 O.C. 102 – page 21 Public Packet 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 90 of 153 Draft 2 for GTC Consideration (Redline to Current) 2019 01 21 mailing. The Trust Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior to the requested mailing. Copies of such publications shall be prominently posted in each polling place and, at administrative offices of the Nation, and shall also be published in the official Oneida media outlets, which the Oneida Business Committee shall identify by resolution. For the purposes of this section, Oneida administrative offices means the location where the Oneida Business Committee conducts business.. 102.13-420-6. The Election Board shall ensure that the ballot contains a statement of the purpose of the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a true and impartial statement and is written in such a manner that does not create prejudice for or against the proposed amendment. 102.13-520-7. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that amendment shall become part of the Constitution and By-laws, and shall abrogate or amend existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission of the final election report. 102.13-620-8. If two (2) or more amendments approved by the voters at the same election conflict, the amendment receiving the highest affirmation vote prevails. End. Adopted - June 19, 1993 Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda) Presented for Adoption of 1997 Revisions - GTC-707-6-98-A Amended- October 11, 2008 (General Tribal Council Meeting) Amended-GTC-01-04-10-A Amended – BC-02-25-15-C Amended – GTC-04-23-17-A Amended – GTC-__-__-__-_ 1 O.C. 102 – page 22 Public Packet 91 of 153 Draft 2 for GTC Consideration 2019 01 21 Title 1. Government and Finances - Chapter 102 ELECTION Ona=k@= Tho Ni= Y%t Tsi> Kayanl^hsla People of the Standing Stone how it is we will appoint them the kind of laws we have 102.1. 102.2. 102.3. 102.4. 102.5. 102.6. 102.7. 102.8. Purpose and Policy Adoption, Amendment, Repeal Definitions Election Board General Election Special Election Referendums Primary Elections for Oneida Business Committee Positions 102.9. Candidate Eligibility 102.10. Campaign Financing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 102.11. 102.12. 102.13. 102.14. 102.15. 102.16. 102.17. 102.18. 102.19. 102.20. Campaign Signs and Campaigning Candidate Withdrawal from the Election Selection of Candidates Notice of Polling Places Registration of Voters Election Process Election Outcomes and Ties Recount Procedures Challenges and Declaration of Results Constitutional Amendments 102.1. Purpose and Policy 102.1-1. Purpose. It is the purpose of this law to 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. 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. This 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, 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. 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. (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. (c) “Applicant” shall mean a potential candidate who has not yet been officially approved for acceptance on a ballot. (d) “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding holidays of the Nation. (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, 1 O.C. 102 – page 1 Public Packet 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 92 of 153 Draft 2 for GTC Consideration 2019 01 21 advertising, rallying, public speaking, or other communications with members of the Nation. (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. (g) “Clerk” shall mean an Election Board member who identifies proper registration for the purpose of determining voter eligibility. (h) “Conflict of interest” shall mean any interest, whether it be personal, financial, political or otherwise, in which a Nation elected official, employee, consultant, appointed or elected, member of any board, committee or commission, or their immediate relatives, friends or associates, or any other person with whom they have contact, that conflicts with any right of the Nation to property, information, or any other right to own and operate its enterprises, free from undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in any law or policy of the Nation. (i) “Constitution” means the Constitution and By-laws of the Oneida Nation. (j) “Election” shall mean every primary and election. (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 elections for other elected positions. (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, brotherin-law, daughter-in-law, son-in-law, step-father, step-mother, step-sister, 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. (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. (p) “Nation” means the Oneida Nation. (q) “Official media outlets” means the Oneida Nation’s website and the Kalihwisaks newspaper as identified by the Oneida Business Committee through resolution BC-03-2217-B. (r) “Oneida Police Officer” shall mean an individual employed as a police officer with the Oneida Police Department. (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. (t) “Prominent locations” shall mean the polling places, main doors of the Norbert Hill Center, main doors of the Oneida Community Library, the Oneida Community Health Center, the South Eastern Oneida Tribal Services (SEOTS) building, and all fuel stations operated by the Nation. (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. (v) “Rejected ballots” shall mean those ballots which are rejected by the vote tabulating 1 O.C. 102 – page 2 Public Packet 93 of 153 Draft 2 for GTC Consideration 2019 01 21 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 machine. (w) “Spoiled ballot” shall mean a ballot which contains a voter error or is otherwise marred and is not tabulated. (x) “Teller” shall mean an Election Board member in charge of collecting and storing of all ballots. 102.4. Election Board 102.4-1. Establishment. 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 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. 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 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 family member of the Election Board member; or (c) there is otherwise a conflict of interest. 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. 102.4-5. The Election Board shall identify members who shall serve as tellers, Election Judges and clerks in advance of an election. 102.4-6 Election Board Alternates. The Oneida Business Committee may appoint a sufficient number of alternates to the Election Board, as recommended by the Election Board, to assist during an election and until election results have been certified. 102.4-7. The Election Board shall choose a Chairperson from amongst themselves as set out in the bylaws 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. 102.4-8. Duties of the Election Board. 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. (c) The Election Board shall assist individuals with disabilities through the voting process; (d) The Election Board shall be in charge of all registration and election procedures; and (e) Upon completion of an election, the Election Board shall make a final report on the election results. 102.4-9. Specific Duties of Officers and Election Board Members. All Election Board members shall be required to attend all Election Board meetings. Additional specific duties of the Chairperson and other Election Board members include the following: 1 O.C. 102 – page 3 Public Packet 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 94 of 153 Draft 2 for GTC Consideration 2019 01 21 (a) Chairperson. The Chairperson of the Election Board shall conduct the following duties: (1) preside over meetings of the Election Board; (2) oversee the conduct of the election; (3) dismiss the alternates and Trust Enrollment Department personnel when their election day duties are complete; and (4) post and report election results. (b) Vice-Chairperson. The Vice-Chairperson shall preside over all meetings in the absence of the Chairperson. (c) Secretary. The Secretary shall keep a record of the meetings and make them available to the Nation’s Secretary, other Election Board members, and the public as required in the Nation’s laws and policies governing open records and open meetings. (d) Clerks. 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 Chairperson as directed in conducting the election. (1) Clerks shall not be currently employed by the Trust Enrollment Department. (e) Tellers. Tellers shall collect and keep safe all ballots until the election is complete, as determined by this law, and shall assist the Chairperson in conducting the election. (f) Election Judges. 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. 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. 102.4-11. 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 (c) sanctions and penalties pursuant to any laws and/or policies of the Nation governing sanctions and/or penalties. 1 O.C. 102 – page 4 Public Packet 95 of 153 Draft 2 for GTC Consideration 2019 01 21 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 102.5. 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 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. 1 O.C. 102 – page 5 Public Packet 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 96 of 153 Draft 2 for GTC Consideration 2019 01 21 (a) The two (2) candidates receiving the highest number of votes cast for each officer position shall be placed on the ballot. (b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large council member positions shall be placed on the ballot. (c) Any position where a tie exists to determine the candidates to be placed on the ballot shall include all candidates where the tie exists. 102.8-2. The primary election shall be held on a Saturday at least thirty (30) calendar days prior to the election. 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 102.9-1. 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 bylaws or other documents. 102.9-2. 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 (c) provide proof of physical residency as required for the position for which they have been nominated or for which they have petitioned. Proof of residency may be through one (1) or more of the following: (1) a valid Wisconsin driver’s license; (2) a bill or pay check stub showing name and physical address of the candidate from the prior or current month; (3) another form of proof that identifies the candidate and that the candidate has physically resided at the address and identifies that address as the primary residence. 102.9-3. Conflict of Interest. No applicant shall 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. 102.9-4. Applications for Candidacy. An applicant interested in being considered as a candidate for a position that was nominated at a caucus or will be petitioning for candidacy shall submit an application for candidacy to the Nation’s Secretary 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. 1 O.C. 102 – page 6 Public Packet 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 97 of 153 Draft 2 for GTC Consideration 2019 01 21 (b) No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted. (c) The Nation’s Secretary or the Business Committee Support Office shall timestamp when an application for candidacy is received. (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 designee. 102.9-7. Eligibility Review. 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) Qualifications of the position and reference to the source of the qualification requirements. Copies of source may be attached; (c) A brief summary explaining why the applicant was found to be ineligible; and (d) That the applicant has two (2) business days from notification to request a hearing on the ineligibility 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 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 filed within one (1) business day after the issuance of the lower body’s decision and decided within two (2) business days after the appeal is filed. 1 O.C. 102 – page 7 Public Packet 98 of 153 Draft 2 for GTC Consideration 2019 01 21 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 102.10. Campaign Financing 102.10-1. A candidate shall only accept contributions from individuals who are members of the Nation or individuals related by blood or marriage to the candidate. 102.10-2. A candidate shall not accept contributions from any business, whether sole proprietorship, partnership, corporation, or other business entity. 102.10-3. A candidate shall not solicit or accept contributions in any office, business and/or facility of the Nation. 102.10-4. Violations of Campaign Financing Restrictions. A violation of the campaign financing restrictions shall result in a fine. (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. (c) Money received from fines shall be deposited into the General Fund. 102.11. 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 (C) an event held in a room and/or space rented by an individual. (c) Employees of the Nation shall not engage in campaigning for offices of the Nation during work hours. (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: (a) 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. (b) 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. (c) No campaign sign shall project beyond the property line into the public right of way. 102.11-3. Enforcement of Sign Placement. The Zoning Administrator shall remove any campaign signs that are not in compliance with this law, in accordance with the Nation’s laws and policies governing zoning. The Zoning Administrator shall notify the Election Board of campaign sign violations. 1 O.C. 102 – page 8 Public Packet 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 99 of 153 Draft 2 for GTC Consideration 2019 01 21 102.11-4. Violations of Campaign Restrictions. A violation of a restriction on campaigning, or campaign sign restrictions shall result in a fine. (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. (c) Money received from fines shall be deposited into the General Fund. 102.11-5. Removal of Campaign Signs. All campaign signs shall be removed within five (5) business days after an election. 102.12. Candidate Withdrawal from the Election 102.12-1. A candidate may withdraw from the election at any time. A candidate withdrawing by any method listed within this section shall be denied any position from which they have withdrawn regardless of the number of votes cast for that candidate. A written statement shall be considered the only necessary evidence of withdrawal and acceptance of denial of any position withdrawn from. 102.12-2. Withdrawal Prior to Submission of the Ballot. A candidate may withdraw his or her name from a ballot prior to submission of the ballot for printing if the withdrawal is submitted in writing by the candidate to any Election Board member, excluding alternates. 102.12-3. Withdrawal Prior to the Opening of the Polls. After the ballot is printed, a candidate may withdraw his or her name from the election prior to the opening of the polls by submitting in writing a statement indicating they are withdrawing from the election to any Election Board member, excluding alternates. (a) This written withdrawal statement shall be posted alongside any sample ballot printed prior to the election in the official media outlets of the Nation or any posting at the polling places. 102.12-4. Withdrawal After Opening of the Polls. A candidate may withdraw after the opening of the polls by submitting a request to be removed from the ballot, in writing, to the Election Board members in charge of the polling place. (a) The written withdrawal statement shall be posted next to any posted sample ballot. 102.12-5. Candidate Withdrawal After Winning an Election but Before the Oath is Taken. (a) In the event a candidate declines an office after winning an election, the Election Board shall declare the next highest vote recipient the winner. This procedure shall be repeated as necessary until a winner is declared. (b) If all vote recipients decline or are otherwise unable to be declared the winner, then a special election shall be held. 102.12-6. Candidate Withdrawal After Taking an Oath of Office. In the event a candidate declines an office after winning an election and taking an oath of office, the withdrawal shall be treated as a resignation of an official. 102.13. Selection of Candidates 102.13-1. Setting of a Caucus. The Election Board shall be responsible for calling a caucus before any election is held. (a) The caucus for the general election shall be held at least seventy-five (75) calendar 1 O.C. 102 – page 9 Public Packet 100 of 153 Draft 2 for GTC Consideration 2019 01 21 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 days prior to the election date. (b) A caucus for a special election shall be held at least forty-five (45) calendar days prior to the election date. (c) In a general election year, caucuses shall be combined so that candidates for the Oneida Business Committee and other elected positions are nominated at the same caucus. 102.13-2. Caucus Procedures. The procedures for a caucus shall be as follows: (a) Each position shall be opened and closed for nominations by motion during the caucus. A nomination for a position shall only be accepted when a position is open for nominations. (1) Once nominations are closed for a particular position, an applicant may petition to be on the ballot for that position. (b) Once a position is opened for nominations a candidate shall be nominated for a position from the floor. (1) An individual shall not nominate himself or herself for a position during the caucus. (c) A candidate present at the caucus shall accept or decline his or her nomination at the caucus. A candidate nominated at the caucus, but not present at the caucus to accept the nomination, shall be required to follow the petition process. (d) Nominations shall consist of the following positions: (1) Oneida Business Committee Chairperson; (2) Oneida Business Committee Vice-Chairperson; (3) Oneida Business Committee Treasurer; (4) Oneida Business Committee Secretary; (5) Oneida Business Committee Council Member; and (6) Any other elected positions as required by bylaws, resolution, or law of the Nation. 102.13-3. Petition for Candidacy. Any eligible member of the Nation may petition to be placed on a ballot for an election. The procedure for a petition for candidacy shall be as follows: (a) Each petitioner not nominated at caucus shall file a petition for candidacy. A petitioner shall use an official petition form and application for candidacy which may be obtained in the Business Committee Support Office or from the mailing for that caucus. (b) A petitioner shall obtain at least ten (10) signatures of qualified voters on the petition form. The petition form shall contain the original signatures of the qualified voters. Photocopies of signatures shall not be accepted. (c) The petition form shall consist of each qualified voter’s: (1) printed name and address; (2) date of birth; (3) enrollment number; and (4) signature. (d) Petitions shall be presented to the Nation’s Secretary or the Business Committee Support Office during normal business hours, 8:00 a.m. to 4:30 p.m. Monday through Friday, but no later than five (5) business days after the caucus. The location to dropoff petitions shall be identified in the mailing identifying the caucus date. (e) The Nation’s Secretary shall forward all petitions to the Election Board Chairperson the next business day following the close of petition submissions. 1 O.C. 102 – page 10 Public Packet 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 101 of 153 Draft 2 for GTC Consideration 2019 01 21 (f) The Election Board shall forward the petitions to the Trust Enrollment Department for verification that all individuals who provided a signature on the petition are a qualified voter of the Nation. 102.14. Notice of Polling Places 102.14-1. The Election Board shall post a notice of the election in the prominent locations and on the official media outlets, stating the location of the polling places and the time the polls will be open. This notice shall also be posted in an easily visible position, close to the entrance of the Nation’s businesses and/or facilities. 102.14-2. Notice of the election and polling information shall be posted no less than ten (10) calendar days prior to [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Aa5e8c49118f23185. Public record. Not legal advice.