Oneida Business Committee (2020)
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Public Packet
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Oneida Business Committee
Emergency Meeting
9:00 AM Tuesday, March 17, 2020
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.
NOTICE
All regular, special, and emergency Business Committee meetings in the months of March, April
and May will be closed to the public. This is preventative measure as a result of the COVID-19
pandemic. Audio recordings are made of all meetings of the Business Committee. Video
recordings are made of regular meetings of the Business Committee. All recordings are available
on the Nation's website at: https://oneida-nsn.gov/government/business-committee/recordings/
If you have comments regarding open session items, please submit them to
TribalSecretary@oneidanation.org no later than close of business the day prior to a Business
Committee meeting. Comments will be noticed to the Business Committee.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
NEW BUSINESS
A.
Actions related to the Nation's COVID-19 outbreak response
Sponsor: Tehassi Hill, Chairman
1.
Adopt resolution in accordance with the Budget Contingency Plan
Sponsor: Trish King, Treasurer
2.
Adopt resolution entitled Adoption of Emergency Amendments to the Election
Law to Implement Alternative Processes to Address COVID-19 Pandemic
Impacts on the Oneida Nation 2020 General Election
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Emergency Meeting Agenda
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March 17, 2020
Public Packet
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3.
Adopt resolution entitled Adoption of Emergency Amendments to the Boards,
Committees, and Commissions Law to Address COVID-19 Pandemic Impacts
on Boards, Committees, and Commissions of the Nation
Sponsor: David P. Jordan, Councilman
4.
Amending Resolution BC-05-08-19-B Boards, Committees, and Commissions
Law Stipends
Sponsor: David P. Jordan, Councilman
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
Emergency Meeting Agenda
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March 17, 2020
Public Packet
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Actions related to the Nation's COVID-19 outbreak response
Business Committee Agenda Request
1. Meeting Date Requested:
03/16/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☒ Correspondence
☐ Minutes
☐ Fiscal Impact Statement ☐ Report
☒ Other: stipend and law amendments
☒ Resolution
☒ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Tehassi Hill, Chairman
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
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Business Committee Agenda Request – Cover Memo
From:
Tehassi Hill, Chairman
Date:
3/16/2020
RE:
Actions related to the Nation’s COVID-19 outbreak response
PURPOSE
The Business Committee needs to take action on a variety of item related to the Nation’s
response to the COVID-19 outbreak
BACKGROUND
Needed actions have been identified for the following: Budget Contingency Plan, Election Law
amendments, Boards Committees and Commissions law amendments, and Stipend resolution
amendments. Please note - additional items may be identified as this is a quickly evolving
situation.
REQUESTED ACTION
Review the materials provided and take action on a variety of item related to the Nation’s
response to the COVID-19 outbreak
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Adopt resolution in accordance with the Budget Contingency Plan
Business Committee Agenda Request
1. Meeting Date Requested:
03/17/20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Contract Document(s) ☐ Legal Review
☒ Correspondence
☐ Minutes
☐ Fiscal Impact Statement ☐ Report
☒ Other: Reference Documents
☒ Resolution
☒ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Trish King, Treasurer
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
LLIGGINS
☐ Unbudgeted
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the United States has identified multiple cases of COVID-19 after learning of the
epidemic outbreak in Wuhan, China; and
WHEREAS,
the President has created the White House Coronavirus Task Force to track the spread
of the virus, identify solutions for reducing the spread of the virus, managing scarce
resources, and identifying opportunities to improve testing, develop treatment and
immunizations, and identify how to inform about and contain epidemics in the future; and
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AF
WHEREAS,
the U.S. Congress has adopted legislation which devotes $8.3 billion to fund the fight
regarding COVID-19; and
WHEREAS,
the World Health Organization has identified that the spread of COVID-19 is now a
pandemic with many countries experience the effects of illness and health issues related
to the virus and economic impacts; and
WHEREAS,
the N.Y. Stock Exchange has experienced such turbulence in the markets that on March
9th and March 12th a ‘circuit breaker’ halt on training was implemented closing trading for
a 15-minute period; and
WHEREAS,
Governor Evers has announced that he has signed Executive Order # 72 which declares
a “Public Health Emergency in Response to the COVID-19 Coronavirus”; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” which sets into place the necessary authority should action need to be taken
and allowing the Oneida Nation to seek reimbursement of emergency management
actions that may result in unexpected expenses; and
WHEREAS,
on March 13, 2020, there were 1,629 cases reported through the United States, and 18
cases of positive tests in Wisconsin; and
WHEREAS,
the Treasurer, requested the Chief Financial Officer to review the current financial state
of the Oneida Nation, within the State of Wisconsin and the United States, to determine if
there were, or there was a potential of, negative financial impacts to the Oneida Nation
that would require action under the Budget Contingency Plan adopted by resolution #
BC-09-27-17-A; and
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WHEREAS,
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BC Resolution #
Adoption of Tier __ Budget Contingency Plan for the Remainder of Fiscal Year 2020 As A Result of
Potential COVID-19 Pandemic Financial Impacts
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BC Resolution _____________
Adoption of Tier __ Budget Contingency Plan for the Remainder of Fiscal Year 2020 As A Result of Potential COVID-19
Pandemic Financial Impacts
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the Chief Financial Officer has provided the initial recommendation, and the Treasurer
has supported, adoption of a Tier II budget reduction of 2% cost containments identified
as “immediate hiring freeze apart from health, regulatory, safety and essential revenue
generating positions, and non-essential travel that has not already been prior booked” to
“preserve resources for need-based service delivery programs and services to our elderly
and disabled populations”; and
WHEREAS,
the Oneida Business Committee has met with the Treasurer and Chief Financial Officer,
the Gaming General Manager, Retail Manager, and Self-Governance Coordinator to
identify the status of the current financial resources, revenues and federal funding and
potential impacts to these funds which provide necessary services to our members; and
WHEREAS,
the Oneida Business Committee, after being informed regarding the current financial
status and near-term future financial resources, has determined that implementation of
Tier __ budget reductions for the remainder of Fiscal Year 2020 to preserve funding for
necessary governmental services and activities, unless specifically superseded by
resolution of the Oneida Business Committee; and
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WHEREAS,
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NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts the following Tier __
budget reductions from the Budget Contingency Plan in accordance with section 121.4-3 of the Budget
Management and Control Law and as supported by the March 12, 2020, Declaration of Public Health
State of Emergency.
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Insert cost containment directives as may be needed or the description of the Tier identified.
Tier I 1% ‐ Delaying expenses, deferment
Tier II 2% ‐ Cost containments
Tier III 3 % ‐ Tribal Operations & OBC identify and preserve specific core services
Tier IV 4% ‐ Tribal Operations & OBC identify and preserve specific core services
Tier V 5% ‐ The OBC identify mandatory cuts across the Nation
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155‐0365
Oneida‐nsn.gov
Statement of Effect
Adoption of Tier __ Budget Contingency Plan for the Remainder of Fiscal Year 2020 As A Result
of Potential COVID-19 Pandemic Financial Impacts
T
Summary
This resolution adopts Tier __ budget reductions from the Budget Contingency Plan in accordance
with section 12104-3 of the Budget Management and Control law as supported by the March 12,
2020, Declaration of Public Health State of Emergency.
AF
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: March 16, 2020
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Analysis by the Legislative Reference Office
The Budget Management and Control law (“the Law”) was adopted by the Oneida Business
Committee to set forth the requirements to be followed by the Oneida Business Committee and
Oneida fund units when preparing the budget to be presented to the General Tribal Council for
approval and to establish a triennial strategy planning process for the Nation’s budget. [1 O.C.
121.1-1].
AF
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The Law requires the Oneida Business Committee to work with the Chief Financial Officer,
executive managers, and managers to create a budget contingency plan which provides a strategy
for the Nation to respond to extreme financial distress that could negatively impact the Nation. [1
O.C. 121.4-3]. The Oneida Business Committee is then required to approve the budget
contingency plan by resolution. [1 O.C. 1214-3]. The Oneida Business Committee adopted the
Nation’s Budget Contingency Plan through resolution BC-09-13-17-A.
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The Oneida Business Committee then is responsible for the implementation of the budget
contingency plan, provided that the Oneida Business Committee first makes a determination that
the Nation is under extreme financial distress. [1 O.C. 1214-3]. Extreme financial distress
includes, but is not limited to, natural or human made disasters, United States Government
shutdown, Tribal shutdown, and economic downturns. [1 O.C. 1214-3].
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The World Health Organization has identified that the spread of COVID-19 is now a pandemic
with many countries experiencing the effects of illness and health issues related to COVID-19, as
well as economic impacts. The N.Y. Stock Exchange has experienced such turbulence in the
markets that on March 9, 2020, and March 12, 2020, a “circuit breaker” halt on trading was
implemented closing trading for a fifteen (15) minute period.
In accordance with the authority granted to the Oneida Business Committee through the
Emergency Management and Homeland Security law, on March 12, 2020, Chairman Tehassi Hill
signed a “Declaration of Public Health State of Emergency” which sets into place the necessary
authority should action need to be taken, and allows the Oneida Nation to seek reimbursement of
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emergency management actions that may result in unexpected expenses. [3 O.C. 302.8-1].
Wisconsin Governor Evers also declared a public health emergency for the State.
A public health emergency means that the occurrence or imminent threat of an illness or health
condition which is a quarantinable disease; and poses a high probability of a large number of deaths
or serious or long-term disability among humans. [3 O.C. 302.3-1(o)].
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The declaration of a public health emergency by the Nation and the potential financial impacts of
the COVID-19 pandemic meet the Law’s requirement that the Nation be under extreme financial
distress for the budget contingency plan to be implemented.
AF
This resolution then adopts the following Tier __ budget reductions from the Budget Contingency
Plan resolution BC-09-13-17-A in accordance with section 121.4-3 of the Budget Management
and Control law and as supported by the March 12, 2020, Declaration of Public Health State of
Emergency.
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Conclusion
Adoption of this Resolution would not conflict with any of the Nation’s laws.
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Public Packet
Oneida Tribe of Indians of Wisconsin 1
Budget Contingency Plan
The purpose of the Budget Contingency Plan is to establish a guideline
and general approach to respond to financial distress and conditions that could negatively
impact the Oneida Nation’s fiscal health. The primary goals established in this plan will be the
foundation and basis for budgetary decision‐making. This plan includes a systematic response
to financial distress, as opposed to reactionary decision‐making that could have a long‐term
negative impact to the Nation.
PRIMARY GOALS
The primary goals of the Nation’s Budget Contingency Plan are as follows:
To protect the integrity and sovereignty of the Nation
Preserve the Nation’s solvency
Maintain a balanced budget
Preserve the Nation’s core services, according to the Budget Management Control Act
121.5‐3 (a)
To ensure there is reliable communication
The Nation will strive to continue providing a balance of services within its financial ability. The
plan will include the continued ability to achieve the Nation’s mission to strengthen and protect
our people, reclaim our land and enhance the environment by exercising our sovereignty. This
will be achieved through fiscal responsibility, attentive planning, and continuous improvement.
IDENTIFED TRIGGERS
The execution of the plan will be anticipated by the identified triggers that influence financial
distress circumstances. These circumstances are defined in the Budget Management and
Control Act 121.4‐3 (c): Natural disasters, human‐made disasters, United States government
shutdown, Tribal shut down, and economic downturns.
Natural Disasters
o Tornadoes
o Blizzards
o Extreme weather conditions
o Ice
o Any environmental event having an impact on revenue generators
Human‐made Disasters
o Computers
o Software breaches
o Hostage
o Electricity
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Oneida Tribe of Indians of Wisconsin 2
Budget Contingency Plan
o Pandemic
o Water supply becomes contaminated through man made or the land fill fails
External government influences or changes in policy shift, for example taxation of
Gaming
o United States Government Shutdown
o Grants – Tribal contribution is impacted
o Discretionary spending
o Repeal of Affordable Care Act, change in federal policy
Tribal Shutdown
o BC/GTC mandates
Economic Downturns
o Gross domestic product declines 3 consecutive quarters
o Regional downturn
o Sectors impacting gross domestic product
KEY FUNDAMENTALS
1. Utilize Permanent Executive Contingency Fund
Objective: To assess the type of fiscal challenge. The type of challenge (temporary or
permanent) will determine the strategy used based on the CFO’s professional
assessment
a. The type of financial distress will determine the level of utilization of the
Permanent Executive Contingency Fund. The following purposes, and only to the
extent that alternative funding sources are unavailable are:
i. Payments to notes payable to debt service, both principal and interest,
and applicable service fees;
ii. (2) Employee payroll, including all applicable taxes;
iii. (3) Payments to vendors for gaming and retail;
iv. (4) Payments to vendors for governmental operations;
v. (5) Payments to any other debt; and
vi. (6) To sustain any of the Nation’s other operations during
implementation of the budget contingency plan.
2. Identify Budget Balancing Options
a. In the long‐term, there are typically two basic budget balancing options:
i. Identify alternative funding resources
ii. Reduce expenditures
b. In the short‐term, use of the Executive Permanent Contingency Fund is an
option, but is not a long‐term solution
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Oneida Tribe of Indians of Wisconsin 3
Budget Contingency Plan
3. Strategy – An agreement of the reviewed processes will be established between the
Tribal Operations and the CFO’s office. Tribal Operations are responsible for identifying
expenditure reduction options that are:
i. Realistic and ongoing
ii. Reflect the least service impacts
iii. Maintain essential needs
4. Preparing Operating Expenditure Reduction Measures
a. Reduction measures will be based on priorities. The priorities have been
identified as:
i. Safety
ii. Health
iii. Regulatory
5. Capital Improvement (CI) Plan Projects & Capital Expenditures (Cap Ex)
a. CI projects needed to maintain existing infrastructure will have a higher priority
b. Cap Ex identified as priority
c. IT & Technology projects identified as priority
6. Provide Ongoing Monitoring of the Nation’s Fiscal Health
a. In effort to keep the lines of communication open for the employees and
community, the Finance Office will provide ongoing reporting and monitoring on
a quarterly basis or more frequently if the need arises
7. Employee Connection
a. Communication efforts shall be made with the employees and community
b. This approach is being used as Oneida Nation believes in treating employees
with respect which means keeping the employees abreast about the Nation’s
plans that could potentially affect them
APPROVAL AND IMPLEMENTATION
The Oneida Business Committee approved this plan for implementation on September 13,
2017. The CFO’s office will closely monitor this plan to ensure the Nation is achieving its goals.
The Oneida Business Committee, with the advice from the CFO’s office is responsible for
preparing the recommended action plan whereas the O.B.C. shall create necessary action by
formal resolution and each separate level of decline shall require a new resolution.
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Oneida Tribe of Indians of Wisconsin 4
Budget Contingency Plan
BUDGET REDUCTIONS COMMUNICATION PROCESS
Trigger is identified by Finance
Department
│
OBC & Finance department meet to
determine the plan and to create
the message.
OBC create necessary action by
formal resolution: Each separate
level of decline requires a new
resolution
Tribal Treasurer communicates
necessary action to Tribal Operations by
memorandum as to what level to
implement reduction measures.
Tribal Chair communicates public
announcement to employees &
community as deemed necessary.
Level of Decline
Definition of Reductions (all actions are with
the advisement of the CFO’s office)
Tier I
1% ‐ Delaying expenses, deferment
Tier II
2% ‐ Cost containments
Tier III
3 % ‐ Tribal Operations & OBC identify and preserve
specific core services
Tier IV
4% ‐ Tribal Operations & OBC identify and preserve
specific core services
Tier V
5% ‐ The OBC identify mandatory cuts
across the Nation
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Public Packet
Oneida Nation
Office of the CFO
FINANCE ADMINISTRATION OFFICE
(920) 869-4325
TO:
Patricia King, Treasurer
CC:
Oneida Business Committee
FR:
Larry Barton, Chief Financial Officer
DT:
March 12, 2020
RE:
COVID-19 Financial Response
In accordance with the Budget Management Control Act (BMCA) and the Budget
Contingency Plan the purpose of this communication is to invoke the Nation’s Budget
Contingency Plan. It is Finance’s recommendation that the Nation invoke Tiers 1 and 2
of the Budget Contingency Plan to be proactive to the identified triggers of a pandemic.
Tier 2 is an implementation of a 2% cost containment threshold. Tier 1 is delaying
expenses and deferment of expenses. Tier 2 shall include: an immediate hiring freeze
apart from health, regulatory, safety and essential revenue generating positions; and
non-essential travel that has not already been prior booked. These actions are necessary
to preserve resources for need-based service delivery programs and services to our
elderly and disabled populations.
The purpose of these recommendations is to protect the liquidity which includes payroll
and to plan for contingent liability for the Nation’s corporations; and or potential
impacts to our Gaming operations. The scope of coverage for business interruption
insurance does not provide coverage to pandemics and related claims.
Finance recommends that Tiers 3 and or 4 may be implemented dependent upon
Gaming revenue flows. Tier 5 would be implemented should Gaming have to suspend
operations. Thank you for your consideration in response to this critically important
matter as it is now been deemed a State Emergency by Governor Evers.
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MEMORANDUM
TO: ONEIDA BUSINESS COMMITTEE
FR: LARRY BARTON, CFO
DT: March 16, 2020
RE: Financial Planning and Analysis RE: COVID-19 Response
___________________________________________________________________
Situation:
The current Pandemic has been defined and declared by multiple institutions
including the World Health Organization (WHO) and the U.S. based Centers for
Disease Control (CDC). A state of Emergency has further been declared by the State
of Wisconsin and The U.S. Federal Government. The Covid-19 Pandemic has yet to
peak and subside and the growth of diagnosed cases is indeterminant due to a lack
of access to expedient testing.
Risk Identification:
1. The most pronounced financial risk faced by the community is the
continuance of Gaming operations. Financial Risk combined with the nature
of Health Risk especially to the at-risk population has created a profound
social instability and circumstance.
2. Gaming clientele is at its’ core, the at-risk population for detrimental effects
for Corvid-19 as declared by the CDC. Continuation of Gaming operations is
not certain, currently necessitating action to preserve liquidity.
3. Through Financial Planning and Analysis, should Gaming cease operations,
liquidity levels including the Permanent Executive Contingency provides 4 to
5 weeks operational reserve liquidity. Upon depletion of identifiable reserves,
Tier IV of the Budget Contingency Plan will be required for consideration if
necessary.
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4. Peak/testing: The occurrence of diagnosis has yet to peak according to the
Medical Community Experts. Furthermore, widespread testing is now being
accelerated.
5. Economic evidence indicates migration out of the Pandemic beyond
Travel/Hospitality/Leisure industries to a wider impact. Consumer spending
velocity abrupt decline. Small Businesses and front-line employees in the
labor force are experiencing reduced income and heightened Lay-Offs.
Recession probability has spiked to 40-50 percent probability. Q1 earnings
forecasts are under revision in a wide array of industry sectors which will
directly affect securities markets. Reported contraction of GDP for Q1
downward is anticipated.
6. Contingent liability to financially assist Tribal Corporations in the event of
extended disruption to operations can compound existing financial distress.
7. Limited liquidity has been cited by Finance for many years as a real and
identifiable dimension of risk that can result in few options after cash
depletion.
Action:
1. Adopt the Budget Contingency Plan Tier III measures as outline in the 3-122020 Memo from the CFO responding to the Covid-19 Pandemic.
Swift decisive action in the time of crisis is recommended to preserve:
1. Core service delivery to the Community;
2. Act in a responsible transparent manner reflecting the protection of the
Members, Employees, Customers and Stakeholders interest.
This Budget Contingency Plan was developed explicitly to serve as the process to
address risk associated with circumstances such as a Pandemic. The active control
of non-essential spending is fiscally responsible and warranted. GFOA and GASB
cite responsible financial decision making at its core and taking action to control
non-essential spending in time of crisis is the necessary and responsible action.
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Adopt resolution entitled Adoption of Emergency Amendments to the Election Law to Implement...
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Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Adoption of Emergency Amendments to the Election Law to Implement Alternative Processes to
Address COVID-19 Pandemic Impacts on the Oneida Nation 2020 General Election
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the United States has identified multiple cases of COVID-19 after learning of the epidemic
outbreak in Wuhan, China; and
WHEREAS,
the President has created the White House Coronavirus Task Force to track the spread of
the virus, identify solutions for reducing the spread of the virus, managing scarce
resources, and identifying opportunities to improve testing, develop treatment and
immunizations, and identify how to inform about and contain epidemics in the future; and
WHEREAS,
the U.S. Congress has adopted legislation which devotes $8.3 billion to fund the fight
regarding COVID-19; and
WHEREAS,
the World Health Organization has identified that the spread of COVID-19 is now a
pandemic with many countries experience the effects of illness and health issues related
to the virus and economic impacts; and
WHEREAS,
Governor Evers has announced that he has signed Executive Order # 72 which declares
a “Public Health Emergency in Response to the COVID-19 Coronavirus”; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” which sets into place the necessary authority should action need to be taken
and allowing the Oneida Nation to seek reimbursement of emergency management actions
that may result in unexpected expenses; and
WHEREAS,
on March 13, 2020, there were 1,629 cases reported through the United States, and 18
cases of positive tests in Wisconsin; and
WHEREAS,
the CDC has issued the following precautions to avoid further spread of the virus:
Clean your hands often
• Wash your hands often with soap and water for at least 20 seconds especially after you have been
in a public place, or after blowing your nose, coughing, or sneezing.
• If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol.
Cover all surfaces of your hands and rub them together until they feel dry.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
Avoid close contact
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BC Resolution _____________
Adoption of Emergency Amendments to the Election Law to Implement Alternative Processes to Address COVID-19
Pandemic Impacts on the Oneida Nation 2020 General Election Pandemic Financial Impacts
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• Avoid close contact with people who are sick
• Put distance between yourself and other people if COVID-19 is spreading in your community. This
is especially important for people who are at higher risk of getting very sick; and
WHEREAS,
the Oneida Election Board, on March 13, 2020, after meeting with the Public Health Officer
and acted to postpone the Caucus scheduled for the 2020 General Elections in order to
avoid large gatherings of members where the virus could be easily spread; and
WHEREAS,
the CDC has identified that the months of March, April and May should be the time when
the potential for the highest increases in the number of confirmed cases would occur; and
WHEREAS,
the Oneida Election Board has identified that conducting a caucus or requiring applicants
to obtain 10 signatures through the petition process would unnecessarily spread the virus
by encouraging contact between individuals, but has expressed a strong desire to avoid
moving the actual election dates; and
WHEREAS,
the Oneida Election Board is actively monitoring the public health crises and will notify
membership as soon as possible should the election days be canceled, postponed or
polling processes be amended to reduce the spread of the virus; and
NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee adopts the emergency
amendments outlined in the Election Law for six months from the date of adoption of this resolution, or until
the 2020 General Election is concluded, which ever is sooner.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Adoption of Emergency Amendments to the Election Law to Implement Alternative Processes to
Address COVID-19 Pandemic Impacts on the Oneida Nation 2020 General Election
Summary
This resolution adopts emergency amendments to the Election law which eliminate the caucus
from the election process, instead requiring all individuals to apply to be placed on the ballot, while
also eliminating the requirement of those who apply to obtain ten (10) signatures of qualified
voters.
Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office
Date: March 15, 2020
Analysis by the Legislative Reference Office
This resolution adopts emergency amendments to the Election law (“the Law”). The purpose of
the Law is to govern the procedures for the conduct of orderly elections of the Nation. [1 O.C.
102.1-1]. The emergency amendments to the Law will:
Eliminate the caucus from the election process [1 O.C. 102.6-1];
Require an individual to submit an application in order to have his or her name placed on
a ballot for an election [1 O.C. 102.6-1];
Eliminate the requirement for an individual to obtain at least ten (10) signatures of qualified
voters when submitting an application to be placed on the ballot [1 O.C. 102.6-1];
Require that all applications be submitted to the Business Committee Support Office by
the close of business on April 3, 2020 [1 O.C. 102.6-1(c)]; and
Reduce the number of Oneida Election Board members who are required to sign the
election totals on machine counted ballots from six (6) to three (3) [1 O.C. 102.10-2].
The Legislative Procedures Act (LPA) allows the Oneida Business Committee to take emergency
action where it is necessary for the immediate preservation of the public health, safety or general
welfare of the reservation population and when enactment or amendment of legislation is required
sooner than would be possible under the LPA. [1 O.C. 109.9-5].
The resolution provides various information on the COVID-19 pandemic that the world is now
facing. This pandemic has resulted in many countries experiencing the effects of illness and health
issues related to COVID-19, as well as vast economic impacts. As of March 13, 2020, there were
one thousand and six hundred and twenty-nine (1,629) cases reported through the United States,
and eighteen (18) cases of positive tests in Wisconsin. The number of positive tests in Wisconsin,
as well as across the country, continue to increase.
On March 12, 2020, in accordance with Emergency Management and Homeland Security law,
Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding
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COVID-19. [3 O.C. 302.8-1]. This declaration of a public health state of emergency set into place
the necessary authority should action need to be taken and allows the Nation to seek reimbursement
of emergency management actions that may result in unexpected expenses.
The resolution provides that the emergency amendments to this Law are necessary for the
preservation of the public health, safety, and general welfare of the Reservation population. The
emergency amendments are needed to protect the Reservation population against the public health
crisis that is the COVID-19 pandemic. The elimination of the requirement to hold the caucus while
allowing individuals to be placed on the ballot through the submission of an application, in
conjunction with the elimination to obtain at least ten (10) signatures from qualified voters, will
eliminate any unnecessary contact between individuals which could spread the COVID-19, while
also ensuring that the July 2020 General Election can occur without interruption.
Additionally, the resolution provides that observance of the requirements under the LPA for
adoption of this amendment would be contrary to public interest. The caucus was scheduled to be
held on March 14, 2020. The Law currently requires that the caucus occur at least ninety (90) days
before a general election. The 2020 General Election is scheduled to be held on July 4, 2020.
Therefore, the process and requirements of the Legislative Procedures Act cannot be completed in
time to ensure that the 2020 General Election could occur uninterrupted without violating the
caucus procedures currently contained in the Law.
The emergency amendments to the Law will take effect immediately upon adoption by the Oneida
Business Committee. The emergency amendments will remain effective for six (6) months, or until
the 2020 General Election concludes, whichever is sooner. The LPA provides the possibility to
extend the emergency amendments for an additional six (6) months, or until the emergency
amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)].
Conclusion
adoption of this resolution would not conflict with any of the Nation’s laws.
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On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla
People of the Standing Stone how it is we will appoint them the kind of laws we have
EMERGENCY AMENDMENTS TO
ELECTION LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed
Amendments
Purpose
Affected Entities
Related Legislation
Public Meeting
Fiscal Impact
Expiration of
Emergency
Amendments
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Analysis by the Legislative Reference Office
Eliminate the caucus from the election process;
Require an individual to submit an application in order to have his or her
name placed on a ballot for an election;
Eliminate the requirement for an individual to obtain at least ten (10)
signatures of qualified voters when submitting an application to be placed on
the ballot;
Require that all applications be submitted to the Business Committee
Support Office by the close of business on April 3, 2020;
Reduces the number of Oneida Election Board members who are required to
sign the election totals on machine counted ballots.
To govern the procedures for the conduct of orderly elections of the Nation [1
O.C. 102.1-1]
Oneida Election Board, Business Committee Support Office, Oneida Business
Committee, Oneida Nation Judiciary, Oneida Gaming Commission, Legal
Resource Center, Oneida Land Claims Commission, Oneida Land Commission,
Oneida Nation Commission on Aging, Oneida Nation School Board, Oneida
Trust Enrollment Committee.
Boards, Committees, and Commissions law, Emergency Management and
Homeland Security law.
A public meeting is not required for emergency legislation [1 O.C. 109.8-1(b)
and 109.9-5(a)].
A fiscal impact statement is not required for emergency legislation [1 O.C.
109.9-5(a)].
Emergency amendments expire six (6) months after adoption and may be
renewed for one additional six (6) month period.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Election law was first adopted on June 19, 1993, and most recently amended by the
General Tribal Council on April 23, 2017. The Law governs the procedures for the conduct of orderly
elections of the Nation. [1 O.C. 102.1-1].
B. 2020 General Election. The Nation is required to hold a general election every three (3) years in the
month of July. [Constitution and Bylaws of the Oneida Nation Article III, Section 5; 1 O.C. 102.9-1].
The caucus for the 2020 General Election was scheduled to be held on March 14, 2020, with the Primary
Election to be held on May 16, 2020, and the General Election occurring on July 4, 2020. The 2020
General Election ballot would include the following positions:
Oneida Business Committee;
One (1) vacancy – Chairperson, three (3) year term.
One (1) vacancy – Vice Chairperson, three (3) year term.
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One (1) vacancy – Treasurer, three (3) year term.
One (1) vacancy – Secretary, three (3) year term.
Five (5) vacancies – Council Member, three (3) year term.
Oneida Election Board;
Three (3) vacancies – three (3) year term.
Oneida Gaming Commission;
One (1) vacancy – five (5) year term.
Legal Resource Center;
One (1) vacancy – Attorney, four (4) year term.
One (1) vacancy – Advocate, four (4) year term.
Oneida Land Claims Commission;
Two (2) vacancies – three (3) year term.
Oneida Land Commission;
Two (2) vacancies – three (3) year term.
Oneida Nation Commission on Aging;
Three (3) vacancies – three (3) year term.
Oneida Nation School Board;
Three (3) vacancies – Parent, three (3) year term.
Oneida Trust Enrollment Committee; and
Two (2) vacancies – three (3) year term.
Oneida Judiciary.
Court of Appeals:
One (1) vacancy – Appellate Court Chief Judge, six (6) year term.
One (1) vacancy – Appellate Court Judge, six (6) year term.
Trial Court:
One (1) vacancy – Trial Court Chief Judge, six (6) year term.
One (1) vacancy – Trial Court Judge, six (6) year term.
C. COVID-19 Pandemic. The world is currently facing a pandemic of the coronavirus disease 2019
(COVID-19). The COVID-19 outbreak originated in Wuhan, China and has spread to many other
countries throughout the world, including the United States. The World Health Organization has
identified that the spread of COVID-19 is now a pandemic resulting in many countries experiencing
the effects of illness and health issues related to COVID-19 and economic impacts. As of March 13,
2020, there were one thousand and six hundred and twenty-nine (1,629) cases reported through the
United States, and eighteen (18) cases of positive tests in Wisconsin.
Declarations of Emergency.
Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” on
March 12, 2020, regarding COVID-19 which sets into place the necessary authority should
action need to be taken and allowing the Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses.
Governor Evers declared a public health emergency for the State of Wisconsin on March
12, 2020, based on COVID-19 cases in Wisconsin.
President Trump declared a national emergency for the United States over the COVID-19
outbreak on March 13, 2020.
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Center of Disease Control Precautions. The Center of Disease Control has identified that March,
April, and May should be the time when the potential for the highest increases in the number of
confirmed cases would occur, and issued the following precautions to avoid further spread of
COVID-19:
Clean your hand often.
Wash your hands often with soap and water for at least twenty (20) seconds
especially after you have been in a public place, or after blowing your nose,
coughing, or sneezing.
If soap and water are not readily available, use a hand sanitizer that contains at
least sixty percent (60%) alcohol. Cover all surfaces of your hands and rub them
together until they feel dry.
Avoid touching your eyes, nose, and mouth with unwashed hands.
Avoid close contact.
Avoid close contact with people who are sick
Put distance between yourself and other people if COVID-19 is spreading in your
community. This is especially important for people who are at higher risk of
getting very sick.
D. On March 13, 2020, after meeting with the Public Health Officer, the Oneida Election Board acted to
postpone the Caucus scheduled for the 2020 General Elections in order to avoid large gatherings of
members where the COVID-19 could be easily spread. The Oneida Election Board has identified that
conducting a caucus or requiring applicants to obtain ten (10) signatures through the petition process
would unnecessarily spread COVID-19 by encouraging contact between individuals, but has expressed
a strong desire to avoid moving the actual election dates. In an effort to maintain the July 2020 General
Election date, emergency amendments to the Law are being sought to eliminate the caucus from the
election process, instead requiring all individuals to apply to be placed on the ballot, while also
eliminating the requirement of those who apply to obtain ten (10) signatures of qualified voters.
SECTION 3. CONSULTATION AND OUTREACH
A. Representatives from the following departments or entities participated in the development of this Law
and legislative analysis:
Oneida Law Office; and
Oneida Election Board.
B. The following laws were reviewed in the drafting of this analysis:
Oneida Nation Constitution and Bylaws.
SECTION 4. PROCESS
A. These amendments are being considered on an emergency basis. The Oneida Business Committee may
temporarily enact an emergency law “where legislation is necessary for the immediate preservation of
public health, safety, or general welfare of the Reservation population and enactment or amendment of
legislation is required sooner than would be possible under this law” [1 O.C. 109.9-5].
Emergency amendments are being pursued for the immediate preservation of the public health,
safety, and general welfare of the Reservation population against the public health crisis that is the
COVID-19 pandemic. Chairman Tehassi Hill declared a public health state of emergency for the
Nation on March 12, 2020.
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Observance of the requirements under the Legislative Procedures Act for the adoption of these
amendments would be contrary to public interest. The caucus was scheduled to be held on March
14, 2020, and must occur at least ninety (90) days before the General Election, which is scheduled
to be held on July 4, 2020. Therefore, the process and requirements of the Legislative Procedures
Act cannot be completed in time to ensure that the General Election could still occur on July 4,
2020, without violating the caucus procedures contained in the Law.
B. Emergency amendments typically expire six (6) months after adoption, with one (1) opportunity for a
six (6) month extension of the emergency amendments. [1 O.C. 109.9-5(b)]. The resolution for these
emergency amendments provides that the amendment will expire in six (6) months or until the 2020
General Election is concluded, whichever is sooner.
C. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when
considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact
statement will eventually be required when considering permanent adoption of these amendments.
C. The Legislative Operating Committee added these emergency amendments to the Active Files List on
March 16, 2020.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Elimination of the Caucus. The proposed amendments eliminate the caucus from the election process.
Previously, the Law required that the Election Board call a caucus at least ninety (90) days before a
general election was held, or forty-five (45) days before any other election. [GTC-04-23-17-A - 1 O.C.
102.6-1]. At the caucus individuals could nominate potential candidates on the floor, and those potential
candidates that were present during the caucus would then accept or decline the nomination. [GTC-0423-17-A - 1 O.C. 102.6-2]. If an individual was nominated during the caucus but not present to accept
the nomination, that individual could follow the petition process to get his or her name on the ballot.
Now, with the elimination of the caucus from the election process, an individual who is interested in
having his or her name on the ballot has to apply to be on the ballot by submitting the designated
application form to the Business Committee Support Office. [1 O.C. 102.6-1].
Effect. The proposed emergency amendment would allow for the 2020 General Election to occur
as scheduled. The elimination of the requirement to hold the caucus while allowing individuals to
be placed on the ballot through the submission of an application will eliminate any unnecessary
contact between individuals which could spread the COVID-19, while also ensuring that the July
2020 General Election can occur without interruption.
B. Application to be Placed on the Ballot. The proposed amendments require that an individual submit
an application in order to be placed on the ballot. [1 O.C. 102.6-1]. The application form consists of
information that satisfies the minimum requirements for eligible candidates as described in section
102.5-2 of the Law and is required to be submitted to the Business Committee Support Office by April
3, 2020. [1 O.C. 102.6-1(b)-(c)]. Previously, if an individual was not present at the caucus to accept a
nomination, or was not nominated at the caucus, the individual could file a petition to have his or her
name placed on the ballot. [GTC-04-23-17-A - 1 O.C. 102.6-3]. The petitioner was required to submit
the petition form along with no less than ten (10) signatures of qualified voters, which would be verified
by the Oneida Trust Enrollment Department, prior to the close of business at least five (5) business
days after the caucus. [GTC-04-23-17-A - 1 O.C. 102.6-3].
Effect. The proposed amendment makes the application process the sole way for an individual to
have his or her name placed on the ballot for an election. The requirement to obtain at least ten (10)
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signatures of qualified voters was eliminated in an effort to eliminate any unnecessary contact
between individuals which could spread COVID-19. Because the requirement to obtain signatures
was eliminated from the Law, so was the requirement that the Oneida Trust Enrollment Department
verify the signatures. Since there is no caucus, the deadline to submit an application to be placed
on the ballot was revised from five (5) days after the caucus to April 3, 2020. The combinations of
these changes along with the elimination of the caucus should ensure that the 2020 General Election
can occur in July as scheduled while still protecting the health and safety of the people of the
Nation.
C. Election Board Members Signature on Machine Counted Ballots. The proposed amendments lower
the number of Oneida Election Board members that are required sign the election totals, which includes
the tape signed by the members of the Nation before the polls were opened, from six (6) to three (3).
Effect. Requiring less Oneida Election Board members to be present at the polling place to sign
the election totals help reduce unnecessary contact between individuals which could spread
COVID-19.
SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this
Law:
Boards, Committees, and Commissions law. The Boards, Committees, and Commission law
governs boards, committees, and commissions of the Nation, including the procedures regarding
the appointment and election of persons to boards, committees and commissions, creation of
bylaws, maintenance of official records, compensation, and other items related to boards,
committees and commissions. [1 O.C. 105.1-1].
The Boards, Committees, and Commissions law provides that all elected positions shall be
nominated at a caucus called by the Oneida Election Board, or petition for ballot placement,
in accordance with the Nation’s laws and/or policies governing elections, except where an
entity’s bylaws allow for a vacancy to be filled by appointment. [1 O.C. 105.8-1].
The emergency amendments will eliminate the caucus from the election process, leaving
application for ballot placement as the only method to be elected to an entity, except where
an entity’s bylaws allow for a vacancy to be filled by appointment.
Emergency Management and Homeland Security law. The Emergency Management and
Homeland Security law provides for the development and execution of plans for the protection of
residents, property, and the environment in an emergency or disaster; and provides for the direction
of emergency management, response, and recovery on the Reservation; as well as coordination
with other agencies, victims, businesses, and organizations; and establishes the use of the National
Incident Management System; and designates authority and responsibilities for public health
preparedness. [3 O.C. 302.1-1].
The Emergency Management and Homeland Security law provides that the Oneida Business
Committee shall be responsible for proclaiming or ratifying the existence of an emergency.
[3 O.C. 302.8-1]. A public health emergency is defined as the occurrence or imminent threat
of an illness or health condition which:
(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a biological
agent; and
(2) poses a high probability of any of the following:
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(A) a large number of deaths or serious or long-term disability among humans; or
(B) widespread exposure to a biological, chemical, or radiological agent that
creates a significant risk of substantial future harm to a large number of people.
[3 O.C. 302.3-1(o)].
Chairman Tehassi Hill’s March 12, 2020, “Declaration of Public Health State of
Emergency” conform with the requirements of the Emergency Management and Homeland
Security law.
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Amendments. The emergency amendments will expire six (6)
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months after adoption or until the 2020 General Election is concluded, whichever is sooner. The
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emergency amendments may be renewed for an additional six (6) month period.
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Conclusion: The Legislative Operating Committee will need to consider the development and
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adoption of permanent amendments to this Law within the next six (6) to twelve (12) months.
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B. Consideration of Additional Amendments. The Oneida Election Board will be actively monitoring the
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public health crises and will notify the membership of the Nation as soon as possible should the 2020
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General Election day be canceled or postponed, or if the polling processes need to be amended to reduce
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the spread of COVID-19.
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Conclusion: The Legislative Operating Committee may have to consider additional amendments
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to this Law if the 2020 General Election timeframe or procedure will be further impacted by the
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COVID-19 health crisis.
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C. Fiscal Impact. A fiscal impact statement is not required for emergency legislation.
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Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
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emergency legislation [1 O.C. 109.6-1].
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Title 1. Government and Finances - Chapter 102
ELECTION
On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla
People of the Standing Stone how it is we will appoint them the kind of laws we have
ELECTION
102.1.
102.2.
102.3.
102.4.
102.5.
102.6.
102.7.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Election Board
Candidate Eligibility
Selection of Candidates
Notice of Polling Places
102.8. Registration of Voters
102.9. Election Process
102.10. Tabulating and Securing Ballots
102.11. Election Outcome and Ties
102.12. Elections
102.13. Oneida Nation Constitution and By-law Amendments
102.1. Purpose and Policy
102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of
orderly elections of the Nation, including pre-election activities such as caucuses and nominations..
Because of the desire for orderly and easily understood elections, there has not been an allowance
made for write-in candidates on ballots.
102.1-2. This law defines the duties and responsibilities of the Election Board members and other
persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all
procedures used in the election process.
102.2. Adoption, Amendment, Repeal
102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and amended by resolutions GTC-01-04-10-A, BC-02-25-15-C and, GTC-04-23-17-A. , and
emergency amended by BC-__-__-__-__.
102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to
the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding
amendments to this law and policies adopted regarding implementation of this law are to be
presented to the Business Committee who shall then adopt or forward action(s) to the General
Tribal Council for adoption.
102.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
102.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
102.3. Definitions
102.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on
the Election Board during an election and until election results have been certified.
102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for
acceptance on a ballot.
102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding
holidays of the Nation.
102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to
support or reject a particular candidate of the Nation including, without limitation, advertising,
1 O.C. 102 – page 1
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rallying, public speaking, or other communications with members of the Nation.
102.3-6. “Candidate” shall mean a petitioner or nomineean applicant for an elected position whose
name is placed on the ballot by the Election Board after successful application.
102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose
of determining voter eligibility.
102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.
102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political
or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,
member of any board, committee or commission, or their immediate relatives, friends or
associates, or any other person with whom they have contact, that conflicts with any right of the
Nation to property, information, or any other right to own and operate its enterprises, free from
undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in
any law or policy of the Nation.
102.3-10. “Election” shall mean every primary and election.
102.3-11. “General election” shall mean the election held every three (3) years in July to elect the
Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the
Business Committee and may include contests for elected boards, committees and commissions
positions.
102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of
discrepancies, complaints and controversy regarding voter eligibility.
102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of
the Nation.
102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the
winner of an elected position, in the case of a tie between two (2) or more candidates.
102.3-15. “Nation” means the Oneida Nation.
102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by
the Nation for the benefit of transmitting news to members of the Nation, which is designated by
the Election Board as a source for election related news.
102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a
police officer on any police force.
102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential
dwelling or a privately owned business within the boundaries of the Reservation.
102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill
Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida
Community Health Center, the SEOTS building and all One-Stop locations.
102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)
years of age or older.
102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating
machine.
102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred
and is not tabulated.
102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.
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102.4. Election Board
Section A. Establishment, Composition and Election
102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this
law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.
102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be
elected to terms of three (3) years, not to exceed two (2) consecutive terms.
102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an
Election Board member in any pre-election, election day, or post-election activities while he or
she is a petitioner,an applicant or candidate in any election or there is otherwise a conflict of
interest.
102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member
who is removed from the Election Board shall be ineligible to serve on the Board for three (3)
years from the time he or she is removed from the Election Board.
102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the
Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed
to correspond with the pre-election activities and the needs of the Election Board.
102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.
102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to
the Election Board, as recommended by the Election Board, to assist with election day and preelection activities.
102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in
the By-laws of the Election Board, to preside over the meetings. This selection shall be carried
out at the first meeting of the Election Board following an election. The Chairperson shall then
ask the Election Board to select a Vice-Chairperson and Secretary.
Section B. Duties of the Election Board
102.4-9. The Election Board shall have the following duties, along with other responsibilities listed
throughout this law.
(a) The Election Board shall be in charge of all registration and election procedures; and
(b) Upon completion of an election, the Election Board shall make a final report on the
election results as set out in this law.
Section C. Specific Duties of Officers and Election Board Members
102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to
being present at all Election Board meetings and assisting the handicapped through the voting
process, are as set out herein:
(a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing
body for applicants found to be ineligible in accordance with 102.5-6 in the event of an
appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust
Enrollment Department personnel when their election day duties are complete; and shall
post and report election results.
(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.
(c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s
Secretary, other Election Board members and the public as required in the Open Records
and Open Meetings Law.
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(d) Clerks: Shall implement the requirements of identifying and registering all voters and
determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment
Department personnel in the registration process, and assist the Chairperson as directed in
conducting the election. Clerks cannot be currently employed by the Trust Enrollment
Department.
(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as
determined by this law. Shall assist the Chairperson in conducting the election.
(f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted
under this law. In case of disputes among Election Board members, or between members
of the Nation and Election Board members, or any controversy regarding voter eligibility,
the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall
also ensure that all ballots of voters whose eligibility may be in question, remain
confidential.
Section D. Compensation Rates
102.4-11. Election Board members are to be compensated at an hourly rate when conducting
elections as provided for in the Election Board’s bylaws as approved by the Business Committee.
The Election Board shall have a budget, approved through the Nation’s budgeting process.
102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be
compensated at their regular rate of pay out of their respective budgets.
102.5. Candidate Eligibility
Section A. Requirements
102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section
in order to become a candidate.
102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:
(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.
(b) be a qualified voter on the day of the election.
(c) provide proof of physical residency as required for the position for which they have
been nominated or for which they have petitioned.applied. Proof of residency may be
through one (1) or more of the following:
(1) a valid Wisconsin driver’s license;
(2) a bill or pay check stub showing name and physical address of the candidate
from the prior or current month;
(3) another form of proof that identifies the candidate and that the candidate has
physically resided at the address and identifies that address as the primary
residence.
102.5-3. No applicant may have a conflict of interest with the position for which they are being
considered, provided that any conflict of interest which may be eliminated within thirty (30)
calendar days of being elected shall not be considered as a bar to nomination or election.
102.5-4. Applications and petitions where the applicant was not nominated during caucus shall be
filed by presenting the information to the Nation’s Secretary, or designated agent, during normal
business hours, 8:00 to 4:30 Monday through Friday, within five (5) business days after the
caucus.by April 3, 2020. No mailed, internal Nation mail delivery, faxed or other delivery method
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shall be accepted.
102.5-5. The names of the candidates and the positions sought shall be a public record and made
available to the public upon the determination of eligibility by the Election Board or the Board’s
designated agent.
Section B. Eligibility Review
102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.
At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall
select the hearing body. The hearing shall be held within two (2) business days of receipt of the
appeal. The applicant shall be notified by phone of time and place of the hearing. The decision
of the hearing body shall be sent via certified mail or hand delivery within two (2) business days
of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the
Judiciary on an accelerated schedule.
102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to
verify eligibility. Any applicant found to be ineligible for a nominated or petitioned for position
shall be notified by certified mail return receipt requested. The notice shall provide the following
information:
(a) Position for which they were considered
(b) Qualification of the position and citation of the source. (Copies of source may be
attached.)
(c) A brief summary explaining why the applicant was found to be ineligible.
(d) That the applicant has two (2) business days from notification to make an appeal.
Appeals must be filed at the location designated on the notice by hand delivery. The
location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or
other delivery method will be accepted.
Section C. Campaign Financing
102.5-8. Contributions:
(a) Solicitation of Contributions by Candidates.
(1) Candidates shall only accept contributions from individuals who are members
of the Nation or individuals related by blood or marriage to the candidate.
Candidates may not accept contributions from any business, whether sole
proprietorship, partnership, corporation, or other business entity.
(2) Candidates shall not solicit or accept contributions in any office or
business/facility of the Nation.
(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
102.5-9. Campaign Signs and Campaigning:
(a) Placement of campaign signs:
(1) Campaign signs shall not be posted or erected on any property of the Nation
except for private property with the owner/tenant’s permission.
(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum
of seven (7) such signs may be placed on a building or on a lot.
(3) No campaign sign shall project beyond the property line into the public right
of way.
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(b) Removal of campaign signs. 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. The Zoning Administrator shall cause to be removed any campaign
signs that are not in compliance with this law, in accordance with the Zoning and Shoreland
Protection Law.
(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
Section D. Candidate Withdrawal
102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by
the candidate prior to submission of the ballot for printing to any Election Board member,
excluding alternates.
102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the
election by submitting in writing a statement indicating they are withdrawing from the election
prior to the opening of the polls to any Election Board member, excluding alternates. This
statement shall be posted alongside any sample ballot printed prior to the election in the newspaper
or any posting at the polling places.
102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the
Election Board members in charge of the polling place, to be removed from the ballot. The written
statement shall be posted next to any posted sample ballot.
102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from
which they have withdrawn regardless of the number of votes cast for that candidate. A written
statement shall be considered the only necessary evidence of withdrawal and acceptance of denial
of any position withdrawn from.
102.5-14. Candidate Withdrawal After Winning an Election.
(a) In the event a candidate declines an office after winning an election, the Election Board
shall declare the next highest vote recipient the winner. This procedure shall be repeated
as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
2.6. Selection of Candidates
Section A. Setting of Caucus
102.6-1. The Election Board shall be responsible for calling a caucus before any election is held.
The caucus for the general election shall be held at least ninety (90) calendar days prior to the
election date. Caucuses for other elections shall be held at least forty-five (45) calendar days prior
to the election date. In a general election year, caucuses shall be combined so that candidates for
the Business Committee and elected boards, committees and commissions are nominated at the
same caucus.
102.6-2. The procedures for the caucus shall be as follows:
(a) Candidates shall be nominated from the floor.
(b) Candidates present at the caucus will accept/decline their nomination at the caucus.
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Candidates nominated at the caucus, but not present to accept the nomination, shall be
required to follow the petition process.
(c) Nominations shall consist of the following positions: Chairperson, Vice-Chairperson,
Treasurer, Secretary, Council Member and other elected positions as required by by-laws
or creating documents of a board, committee, or commission.
Section B. Petition
102.6-3. Any eligible member of the Nation may petitionapply to be placed on a ballot according
to the following procedures:
(a) Each petitioner, not nominated at caucus, shall file a petition containing endorsee’s
original signatures; photocopies shall not be accepted.
(b) Petitioners(a) Applicants shall use an official petition form as designated by this
law which may be obtained in the Office of the Nation’s Secretary or from the mailing
for that caucus..
(cb) The petition form shall consist of each endorsee’s:
(1) printed name and address;
(2) date of birth;
(3) Oneida Nation Enrollment Number; and
(4) signature.
(d) Petitioners shall obtain not less than ten (10) signatures of qualified voters as
defined under information that satisfies the minimum requirements for eligible
candidates, as descried in section 102.5-2 of this law.
(e) Petitions(c) Applications shall be presented to the Nation’s Secretary, or
designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday,
but no later than prior to close of business five (5) business days after the caucus.on
April 3, 2020. The location to drop-off petitionsapplications shall be identified in the
mailing identifying the caucus datethe Business Committee Support Office.
(fd) The Nation’s Secretary shall forward all petitionsapplications to the Election
Board Chairperson the next business day following the close of petition submissions.
(g) The Election Board shall have the Trust Enrollment Department verify all
signatures contained on the petition.
102.6-42. A person who runs for a position on the Oneida Business Committee, or a position on
a judicial court or commission, shall not run for more than one (1) elective office or seat per
election.
102.7. Notice of Polling Places
102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of
the polling places and the time the polls will be open. This notice shall also be posted in an easily
visible position, close to the entrance of the Nation’s businesses/facilities.
102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the
election, and shall remain posted until the poll closes on the day of the election.
102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation
members, stating the time and place of the election and a sample of the ballot, no less than ten (10)
calendar days prior to the election, through a mass mailing. The Trust Enrollment Department
shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior
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to the requested mailing.
102.7-4. Notice of the election shall be placed in the Nation’s newspaper.
102.8. Registration of Voters
Section A. Requirements
102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years
of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the
Oneida Nation Constitution.
Section B. Identification of Voters
102.8-2. All voters must present one of the following picture identifications in order to be able to
vote:
(a) Oneida Nation I.D.
(b) Drivers License.
(c) Other I.D. with name and photo.
Section C. Registration Procedures
102.8-3. Voters shall physically register, on the day of the election, at the polls.
102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment
with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election
Officials during the voting period.
102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration
Form containing the voter’s following information:
(a) name and maiden name (if any);
(b) current address;
(c) date of birth; and
(d) enrollment number.
Section D. Qualification/Verification of Voter Eligibility
102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,
the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with
the Trust Enrollment Department personnel who are registering voters, to decide the voting
member’s eligibility currently being questioned and shall make such decisions from the facts
available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation
Constitution, Article III Section 2, to vote in the Nation’s elections.
102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be
placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of
the voter shall be written next to a numbered list which corresponds to the numbered and sealed
envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box
413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they
desire to challenge the decision made by the Election Officials. The Election Board shall make a
final decision, within five (5) business days of receiving the appeal and shall report this decision
in the final report sent to the Oneida Business Committee.
102.9. Election Process
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Section A. Polling Places and Times
102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections
shall be held in the month of July on a date set by the General Tribal Council. The General Tribal
Council shall set the election date at the January annual meeting, or at the first GTC meeting held
during a given year. Special Elections shall be set in accordance with 102.12-6.
102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election
Board.
102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line
to vote at 7:00 p.m. shall be allowed to vote.
(a) If a ballot counting machine is used, the ballot counting machine shall be prepared
prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four
(4) members of the Nation verify, through signature on the tape, the ballot box is empty
and the ballot counting machine printer tape has a zero (0) total count.
102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,
and until the counting of ballots is completed, and tentative results posted.
102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such
that there is an area with at least two sides and a back enclosure.
102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of
the voting area, excluding private property.
102.9-7. No one causing a disturbance shall be allowed in the voting area.
102.9-8. Election Board members may restrict the voting area to qualified voters only. This
restriction is in the interest of maintaining security of the ballots and voting process.
Section B. Ballot Box
102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and
shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,
the ballots may be placed within the ballot counting machine as they are received.
Section C. Spoiled Ballots
102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot.
102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials
and placed in an envelope marked as "Spoiled Ballots."
102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)
calendar days following finalization of any challenge of the election, at the Records Management
Department.
Section D. Rejected Ballots
102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.
(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the
authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final
computer total, provided that, a new ballot was not received as set out in sections 102.9-10
through 102.9-12.
(b) Ballots rejected, either during the computer process or during a manual counting, shall
be reviewed by the Election Officials to verify that they are authentic. If the Election
Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the
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ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.”
102.10. Tabulating and Securing Ballots
Section A. Machine Counted Ballots
102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate
from the ballot counting machine copies of the election totals from the votes cast.
102.10-2. At least six (6three (3) Election Board members shall sign the election totals, which
shall include the tape signed by the members of the Nation before the polls were opened per section
102.9-3(a).
Section B. Manually Counted Ballots
102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the
ballot box and remove the ballots.
102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall
be secured in a sealed container for transportation to the ballot counting location. The sealed
ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election
Officials for counting/tallying of ballots.
102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and
witnessed/monitored by an Oneida Police Officer.
102.10-6. Ballots must be counted by two different Election Officials until two final tallies are
equal in back to back counting. Final tallies shall be verified by the Election Judges.
Section C. Securing Ballots
102.10-7. The Judges shall place together all ballots counted and secure them together so that they
cannot be untied or tampered with without breaking the seal. The secured ballots, and the election
totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container
in such a manner that the container cannot be opened without breaking the seals or locks, or
destroying the container. The Oneida Police Officer shall then deliver, on the day of the election,
the sealed container to the Records Management Department for retaining.
102.11. Election Outcome and Ties
Section A. Election Results Announcement
102.11-1. The tentative results of an election shall be announced and posted by the Election Board
within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain
the following statement:
"The election results posted here are tentative results. Final election results are forwarded
by the Oneida Election Board to the Oneida Business Committee via a Final Report after
time has lapsed for recount requests, or challenges or after all recounts or challenges
have been completed, whichever is longer”
102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s
newspaper, the tentative results of an election.
Section B. Tie
102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to
determine the outcome of an election, the Election Board shall conduct an automatic recount of
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the votes for each candidate receiving the same number of votes. Any recount conducted shall be
the only recount allowed for the tied candidates.
102.11-4. For Business Committee positions, a run-off election between the candidates with the
same number of votes shall be held if there remains a tie after the recount. Said run-off election
shall be held within twenty one (21) calendar days after the recount. For all other positions, if
there remains a tie after the recount, the Election Board shall decide the winner of the tied positions
at least two (2) business days after, but no more than five (5) business days after the recount
through a lot drawing, which shall be open to the public.
(a) The Election Board shall notify each of the tied candidates and the public of the date,
time, and place of the drawing at least one (1) business day before the drawing. Notice to
the tied candidates shall be in writing. Notice to the public shall be posted by the Election
Board in the prominent locations.
(b) On the date and at the time and place the drawing was noticed, the Election Board
Chairperson shall clearly write the name of each tied candidate on separate pieces of paper
in front of any witnesses present. The pieces of paper shall be the same, or approximately
the same, color, size, and type. The papers shall be folded in half and placed in a container
selected by the Election Board Chairperson.
(c) The Election Board Chairperson shall designate an uninterested party to draw a name
from the container. The candidate whose name is drawn from the container first shall be
declared the winner. An Election Board member other than the Chairperson shall remove
the remaining pieces of paper from the container and show them to the witnesses present.
Section C. Recount Procedures
102.11-5. A candidate may request the Election Board to complete a recount, provided the margin
between the requesting candidate’s vote total and vote total for the unofficial winner was within
two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is
greater. A candidate requests a recount by hand delivering a written request to the office of the
Nation’s Secretary, or noticed designated agent, within five (5) business days after the election.
Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact
the Election Board Chairperson by the next business day after the request for recounts.
102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the
request regarding the results of the recount. Provided that, no recount request need be honored
where there have been two (2) recounts completed as a result of a request either as a recount of the
whole election results, or of that sub-section.
102.11-7. All recounts shall be conducted manually with, if possible, the original Election
Officials and Oneida Police Officer present, regardless of the original type of counting process.
Manual recounts may, at the discretion of the Election Officials, be of the total election results, or
of the challenged sub-section of the election results.
102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed
container with the ballots from the Records Management Department and transporting it to the
ballot recounting location.
102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three
(3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election
Board Chairperson and an Oneida Police Officer shall witness the recount.
102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be
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counted until two (2) final tallies are equal in back to back counting and the total count of ballots
reconciles with the total count from the ballot counting machine. Sub-sections of candidates may
be recounted in lieu of a full recount.
(a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be
counted twice by different persons and certified by the Judges.
(b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior
to using an electronic ballot counting device, it shall be certified as correct either by the
maker, lessor of the machine, or Election Board.
Section D. Challenges and Declaration of Results
102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a
complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall
hear and decide a challenge to any election within two (2) business days after the challenge is filed.
Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after
the issuance of the lower body’s decision and decided within two (2) business days after the appeal
is filed.
(a) The person challenging the election results shall prove by clear and convincing
evidence that the Election Law was violated or an unfair election was conducted, and that
the outcome of the election would have been different but for the violation.
(b) If the Judiciary invalidates the election results, a Special Election shall be ordered by
the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon
as the Election Law allows for a Special Election.
102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s
Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges
have been completed, whichever is longer. The Final Report shall consist of the following
information:
(a) Total number of persons voting.
(b) Total votes cast for each candidate by subsection of the ballot.
(c) List of any ties and final results of those ties, including the method of resolution.
(d) List of candidates elected and position elected to.
(e) Number of spoiled ballots.
(f) Cost of the election, including the compensation paid to each Election Board member.
102.11-13. Declaration of Results. The Business Committee shall declare the official results of
the election and send notices regarding when the swearing in of newly elected officials shall take
place within ten (10) business days after receipt of the Final Report.
102.11-14. Candidates elected to the Business Committee shall resign from any salaried position
effective prior to taking a Business Committee oath of office
102.11-15. Except in the event of an emergency, as determined by the Business Committee,
newly elected officials shall be sworn into office no later than thirty (30) calendar days after the
official results of an election are declared by the Business Committee.
(a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall
be considered vacant and the Election Board shall declare the next highest vote recipient
the winner. This procedure shall be repeated as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
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102.11-16. The Election Board shall send notice to the Records Management Department to
destroy the ballots thirty (30) calendar days after the election or after the final declaration of official
election results occurs, whichever is longer.
102.12. Elections
Section A. Primary Elections; Business Committee
102.12-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty
(60) calendar days prior to the election.
102.12-2. There shall be a primary election for Business Committee positions whenever there are
three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions.
(a) The two (2) candidates receiving the highest number of votes cast for each officer
position shall be placed on the ballot.
(b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large
council member positions shall be placed on the ballot.
(c) Any position where a tie exists to determine the candidates to be placed on the ballot
shall include all candidates where the tie exists.
102.12-3. The Election Board shall cancel the primary election if the Business Committee
positions did not draw the requisite number of candidates for a primary by the petitioning deadline
set for the primary..
102.12-4. In the event a candidate withdraws or is unable to run for office after being declared a
winner in the primary, the Election Board shall declare the next highest primary vote recipient the
primary winner. This procedure shall be repeated as necessary until the ballot is full or until there
are no available candidates. If the ballot has already been printed, the procedures for notifying the
Oneida public in section 102.5-11 and 102.5-12 shall be followed, including the requirement to
print a notice in the Nation’s newspaper if time lines allow.
Section B. Special Elections
102.12-5. Matters subject to a Special Election, i.e., referendum, vacancies, petitions, etc., as
defined in this law, may be placed on the same ballot as the subject matter of an election.
102.12-6. Dates of all Special Elections shall be set, as provided for in this law, by the Business
Committee as recommended by the Election Board or as ordered by the Judiciary in connection
with an election challenge.
102.12-7. Notice of said Special Election shall be posted by the Election Board in the prominent
locations, and placed in the Nation’s newspaper not less than ten (10) calendar days prior to the
Special Election.
102.12-8. In the event of an emergency, the Election Board may reschedule the election, provided
that no less than twenty-four (24) hours notice of the rescheduled election date is given to the
voters, by posting notices in the prominent locations.
Section C. Referendums
102.12-9. Registered voters may indicate opinions on any development, law or resolution,
proposed, enacted, or directed by the Business Committee, or General Tribal Council, in a special
referendum election.
(a) Referendum elections in which a majority of the qualified voters who cast votes shall
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be binding on the Business Committee to present the issue for action/decision at General
Tribal Council.
(b) Referendum requests may appear on the next called for election.
(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
Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition
of qualified voters. The requirements for the Oneida Business Committee’s initiation of
Constitutional amendments are as provided in the Constitution and as further detailed in the
supporting standard operating procedures which the Oneida Business Committee shall adopt.
Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting
a petition to the Office of the Nation’s Secretary which includes the full text of the proposed
amendments and signatures that are equal in number to at least ten percent (10%) of all members
qualified to vote.
(a) Qualified voters may request a petition form from the Office of the Nation’s Secretary.
(b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall
direct the Trust Enrollment Department to calculate the number of signatures currently
required for a petition submittal, which shall be ten percent (10%) of all members qualified
to vote on the date the petition form is requested from the Office of the Nation’s Secretary.
When the Nation’s Secretary receives the calculation from the Trust Enrollment
Department, the Nation’s Secretary shall provide the requester with the petition form and
the number of signatures that are currently required.
(c) Such petitions shall be circulated with all supporting materials and submitted a
minimum of ninety (90) days prior to the election at which the proposed amendment is to
be voted upon. If a petition includes supporting materials in addition to the petition form,
each qualified voter signing the petition shall also acknowledge that the supporting
materials were available for review at the time he or she signed the petition by initialing
where required on the petition form.
(d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment
Department for verification of signatures and to the Election Board to provide notice that
the petition may need to be placed on an upcoming ballot.
(e) If the petition is verified by the Trust Enrollment Department to contain signatures from
at least ten percent (10%) of all qualified voters, the Election Board shall make an official
announcement of the proposed amendments to the Oneida Nation Constitution at least sixty
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(60) days prior to the election at which the proposed amendments are to be voted on.
102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation
Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general
election. Provided that, the Oneida Business Committee or General Tribal Council may order a
special election be held to consider the proposed amendments. In such circumstances, the Election
Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the
next special election.
102.13-3. The Election Board shall publish any proposed amendments by publishing a sample
ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust
Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty
(20) calendar days prior to the requested mailing. Copies of such publications shall be prominently
posted in each polling place and at administrative offices of the Nation and shall also be published
in official Oneida media outlets, which the Oneida Business Committee shall identify by
resolution. For the purposes of this section, Oneida administrative offices means the location
where the Oneida Business Committee conducts business.
102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of
the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall
ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a
true and impartial statement and is written in such a manner that does not create prejudice for or
against the proposed amendment.
102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed
amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that
amendment shall become part of the Constitution and By-laws, and shall abrogate or amend
existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission
of the final election report.
102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the
amendment receiving the highest affirmation vote prevails.
End.
Adopted - June 19, 1993
Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda)
Presented for Adoption of 1997 Revisions - GTC-7-6-98-A
Amended- October 11, 2008 (General Tribal Council Meeting)
Amended-GTC-01-04-10-A
Amended – BC-02-25-15-C
Amended – GTC-04-23-17-A
Emergency Amended – BC-__-__-__-__
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Title 1. Government and Finances - Chapter 102
On<yote>a=k@= Tho Ni= Y%t Tsi> <yethiyatal@ko Tsi> Kayanl^hsla
People of the Standing Stone how it is we will appoint them the kind of laws we have
ELECTION
102.1.
102.2.
102.3.
102.4.
102.5.
102.6.
102.7.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Election Board
Candidate Eligibility
Selection of Candidates
Notice of Polling Places
102.8. Registration of Voters
102.9. Election Process
102.10. Tabulating and Securing Ballots
102.11. Election Outcome and Ties
102.12. Elections
102.13. Oneida Nation Constitution and By-law Amendments
102.1. Purpose and Policy
102.1-1. It is the policy of the Nation that this law shall govern the procedures for the conduct of
orderly elections of the Nation, including pre-election activities. Because of the desire for orderly
and easily understood elections, there has not been an allowance made for write-in candidates on
ballots.
102.1-2. This law defines the duties and responsibilities of the Election Board members and other
persons employed by the Oneida Nation in the conduct of elections. It is intended to govern all
procedures used in the election process.
102.2. Adoption, Amendment, Repeal
102.2-1. This law was adopted by the Oneida General Tribal Council by resolution GTC 07-0698-A and amended by resolutions GTC-01-04-10-A, BC-02-25-15-C, GTC-04-23-17-A, and
emergency amended by BC-__-__-__-__.
102.2-2. This law may be amended or repealed by the Oneida General Tribal Council pursuant to
the procedures set out in the Legislative Procedures Act. Actions of the Election Board regarding
amendments to this law and policies adopted regarding implementation of this law are to be
presented to the Business Committee who shall then adopt or forward action(s) to the General
Tribal Council for adoption.
102.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
102.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
102.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
102.3. Definitions
102.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
102.3-2. “Alternate” shall mean an individual appointed by the Business Committee to serve on
the Election Board during an election and until election results have been certified.
102.3-3. “Applicant” shall mean a potential candidate who has not yet been officially approved for
acceptance on a ballot.
102.3-4. “Business day” shall mean Monday through Friday, 8:00 a.m. – 4:30 p.m., excluding
holidays of the Nation.
102.3-5. “Campaigning” shall mean all efforts designed to influence members of the Nation to
support or reject a particular candidate of the Nation including, without limitation, advertising,
rallying, public speaking, or other communications with members of the Nation.
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102.3-6. “Candidate” shall mean an applicant for an elected position whose name is placed on the
ballot by the Election Board after successful application.
102.3-7. “Clerk” shall mean the election official who identifies proper registration for the purpose
of determining voter eligibility.
102.3-8. “Close of business” shall mean 4:30 p.m. Monday through Friday.
102.3-9. “Conflict of Interest” shall mean any interest, whether it be personal, financial, political
or otherwise, in which a Nation elected official, employee, consultant, appointed or elected,
member of any board, committee or commission, or their immediate relatives, friends or
associates, or any other person with whom they have contact, that conflicts with any right of the
Nation to property, information, or any other right to own and operate its enterprises, free from
undisclosed competition or other violation of such rights of the Oneida Nation, or as defined in
any law or policy of the Nation.
102.3-10. “Election” shall mean every primary and election.
102.3-11. “General election” shall mean the election held every three (3) years in July to elect the
Chairperson, Vice-Chairperson, Secretary, Treasurer, and the five Council Members of the
Business Committee and may include contests for elected boards, committees and commissions
positions.
102.3-12. “Judge” shall mean the election official who informs and advises the Chairperson of
discrepancies, complaints and controversy regarding voter eligibility.
102.3-13. “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and responsibilities of
the Nation.
102.3-14. “Lot drawing” shall mean the equal chance method used to select a candidate as the
winner of an elected position, in the case of a tie between two (2) or more candidates.
102.3-15. “Nation” means the Oneida Nation.
102.3-16. “Nation’s newspaper” shall mean the Kalihwisaks, or any other newspaper operated by
the Nation for the benefit of transmitting news to members of the Nation, which is designated by
the Election Board as a source for election related news.
102.3-17. “Oneida Police Officer” shall mean an enrolled member of the Oneida Nation who is a
police officer on any police force.
102.3-18. “Private property” shall mean any lot of land not owned by the Nation, a residential
dwelling or a privately owned business within the boundaries of the Reservation.
102.3-19. “Prominent locations” shall mean the polling places, main doors of the Norbert Hill
Center, main doors of the Oneida Community Library, Tsyunhehkwa Retail Store, the Oneida
Community Health Center, the SEOTS building and all One-Stop locations.
102.3-20. “Qualified voter” shall mean an enrolled member of the Nation who is eighteen (18)
years of age or older.
102.3-21. “Rejected Ballots” shall mean those ballots which are rejected by the vote tabulating
machine.
102.3-22. “Spoiled Ballot” shall mean a ballot which contains a voter error or is otherwise marred
and is not tabulated.
102.3-23. “Teller” shall mean the election official in charge of collecting and storing of all ballots.
102.4. Election Board
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Section A. Establishment, Composition and Election
102.4-1. An Election Board is hereby created for the purpose of carrying out the provisions of this
law and Article III, Sections 2 and 3 of the Oneida Nation Constitution.
102.4-2. The Election Board shall consist of nine (9) elected members. All members shall be
elected to terms of three (3) years, not to exceed two (2) consecutive terms.
102.4-3. Recusal. An Election Board member shall recuse himself/herself from participating as an
Election Board member in any pre-election, election day, or post-election activities while he or
she is an applicant or candidate in any election or there is otherwise a conflict of interest.
102.4-4. Removal. Removal of members shall be pursuant to the Oneida Removal Law. A member
who is removed from the Election Board shall be ineligible to serve on the Board for three (3)
years from the time he or she is removed from the Election Board.
102.4-5. Vacancies. Any vacancy in an unexpired term shall be filled by appointment by the
Business Committee for the balance of the unexpired term. The filling of a vacancy may be timed
to correspond with the pre-election activities and the needs of the Election Board.
102.4-6. The Election Board shall identify tellers, judges and clerks in advance of an election.
102.4-7 The Business Committee may appoint or reappoint a sufficient number of alternates to
the Election Board, as recommended by the Election Board, to assist with election day and preelection activities.
102.4-8. The Election Board shall choose a Chairperson from amongst themselves as set out in
the By-laws of the Election Board, to preside over the meetings. This selection shall be carried
out at the first meeting of the Election Board following an election. The Chairperson shall then
ask the Election Board to select a Vice-Chairperson and Secretary.
Section B. Duties of the Election Board
102.4-9. The Election Board shall have the following duties, along with other responsibilities listed
throughout this law.
(a) The Election Board shall be in charge of all registration and election procedures; and
(b) Upon completion of an election, the Election Board shall make a final report on the
election results as set out in this law.
Section C. Specific Duties of Officers and Election Board Members
102.4-10. Specific duties of the Chairperson and other Election Board members, in addition to
being present at all Election Board meetings and assisting the handicapped through the voting
process, are as set out herein:
(a) Chairperson: Shall preside over meetings of the Election Board; shall select the hearing
body for applicants found to be ineligible in accordance with 102.5-6 in the event of an
appeal; shall oversee the conduct of the election; shall dismiss the alternates and Trust
Enrollment Department personnel when their election day duties are complete; and shall
post and report election results.
(b) Vice-Chairperson: Shall preside over all meetings in the absence of the Chairperson.
(c) Secretary: Shall keep a record of the meetings and make them available to the Nation’s
Secretary, other Election Board members and the public as required in the Open Records
and Open Meetings Law.
(d) Clerks: Shall implement the requirements of identifying and registering all voters and
determining voter eligibility. Clerks shall work in conjunction with the Trust Enrollment
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Department personnel in the registration process, and assist the Chairperson as directed in
conducting the election. Clerks cannot be currently employed by the Trust Enrollment
Department.
(e) Tellers: Shall collect and keep safe all ballots, until the election is complete, as
determined by this law. Shall assist the Chairperson in conducting the election.
(f) Judges: Shall inform and advise the Chairperson of all aspects of the election conducted
under this law. In case of disputes among Election Board members, or between members
of the Nation and Election Board members, or any controversy regarding voter eligibility,
the Judge(s) shall assist the Chairperson in making a determination. The Judge(s) shall
also ensure that all ballots of voters whose eligibility may be in question, remain
confidential.
Section D. Compensation Rates
102.4-11. Election Board members are to be compensated at an hourly rate when conducting
elections as provided for in the Election Board’s bylaws as approved by the Business Committee.
The Election Board shall have a budget, approved through the Nation’s budgeting process.
102.4-12. The Trust Enrollment Department personnel and Oneida Police Officer(s) shall be
compensated at their regular rate of pay out of their respective budgets.
102.5. Candidate Eligibility
Section A. Requirements
102.5-1. In addition to any specific requirements and/or exceptions set out in duly adopted bylaws or other documents, all applicants shall meet the minimum requirements set out in this section
in order to become a candidate.
102.5-2. Minimum Requirements. In order to be eligible to be a candidate, applicants shall:
(a) be an enrolled member of the Nation, as verified by membership rolls of the Nation.
(b) be a qualified voter on the day of the election.
(c) provide proof of physical residency as required for the position for which they have
applied. Proof of residency may be through one (1) or more of the following:
(1) a valid Wisconsin driver’s license;
(2) a bill or pay check stub showing name and physical address of the candidate
from the prior or current month;
(3) another form of proof that identifies the candidate and that the candidate has
physically resided at the address and identifies that address as the primary
residence.
102.5-3. No applicant may have a conflict of interest with the position for which they are being
considered, provided that any conflict of interest which may be eliminated within thirty (30)
calendar days of being elected shall not be considered as a bar to election.
102.5-4. Applications shall be filed by presenting the information to the Nation’s Secretary, or
designated agent, during normal business hours, 8:00 to 4:30 Monday through Friday, by April 3,
2020. No mailed, internal Nation mail delivery, faxed or other delivery method shall be accepted.
102.5-5. The names of the candidates and the positions sought shall be a public record and made
available to the public upon the determination of eligibility by the Election Board or the Board’s
designated agent.
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Section B. Eligibility Review
102.5-6. Applicants found to be ineligible shall have two (2) business days to request an appeal.
At least four (4) Election Board members shall constitute a hearing body. The Chairperson shall
select the hearing body. The hearing shall be held within two (2) business days of receipt of the
appeal. The applicant shall be notified by phone of time and place of the hearing. The decision
of the hearing body shall be sent via certified mail or hand delivery within two (2) business days
of the hearing. Any appeal from a decision of the Election Board hearing body shall be to the
Judiciary on an accelerated schedule.
102.5-7. The Election Board shall be responsible for reviewing the qualifications of applicants to
verify eligibility. Any applicant found to be ineligible for a position shall be notified by certified
mail return receipt requested. The notice shall provide the following information:
(a) Position for which they were considered
(b) Qualification of the position and citation of the source. (Copies of source may be
attached.)
(c) A brief summary explaining why the applicant was found to be ineligible.
(d) That the applicant has two (2) business days from notification to make an appeal.
Appeals must be filed at the location designated on the notice by hand delivery. The
location designated shall be on the Reservation. No mailed, internal Nation mail, faxed or
other delivery method will be accepted.
Section C. Campaign Financing
102.5-8. Contributions:
(a) Solicitation of Contributions by Candidates.
(1) Candidates shall only accept contributions from individuals who are members
of the Nation or individuals related by blood or marriage to the candidate.
Candidates may not accept contributions from any business, whether sole
proprietorship, partnership, corporation, or other business entity.
(2) Candidates shall not solicit or accept contributions in any office or
business/facility of the Nation.
(b) Fines. Violation of the contribution restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
102.5-9. Campaign Signs and Campaigning:
(a) Placement of campaign signs:
(1) Campaign signs shall not be posted or erected on any property of the Nation
except for private property with the owner/tenant’s permission.
(2) No campaign sign shall exceed sixteen (16) square feet in area. A maximum
of seven (7) such signs may be placed on a building or on a lot.
(3) No campaign sign shall project beyond the property line into the public right
of way.
(b) Removal of campaign signs. All campaign signs shall be removed within five (5)
business days after an election.
(c) Employees of the Nation shall not engage in campaigning for offices of the Nation
during work hours. The Nation’s employees shall be subject to disciplinary action under
the personnel policies and procedures for political campaigning during work hours.
(d) Enforcement. The Zoning Administrator shall cause to be removed any campaign
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signs that are not in compliance with this law, in accordance with the Zoning and Shoreland
Protection Law.
(e) Fines. Violation of the campaign sign restrictions shall result in a fine imposed by the
Election Board in an amount specified in a resolution adopted by the Business Committee.
Section D. Candidate Withdrawal
102.5-10 Any candidate may withdraw his or her name from a ballot if submitted in writing by
the candidate prior to submission of the ballot for printing to any Election Board member,
excluding alternates.
102.5-11 After printing of the ballot, any candidate may withdraw his or her name from the
election by submitting in writing a statement indicating they are withdrawing from the election
prior to the opening of the polls to any Election Board member, excluding alternates. This
statement shall be posted alongside any sample ballot printed prior to the election in the newspaper
or any posting at the polling places.
102.5-12. Candidates withdrawing after opening of the polls shall request, in writing to the
Election Board members in charge of the polling place, to be removed from the ballot. The written
statement shall be posted next to any posted sample ballot.
102.5-13. Candidates withdrawing by any method listed herein shall be denied any position from
which they have withdrawn regardless of the number of votes cast for that candidate. A written
statement shall be considered the only necessary evidence of withdrawal and acceptance of denial
of any position withdrawn from.
102.5-14. Candidate Withdrawal After Winning an Election.
(a) In the event a candidate declines an office after winning an election, the Election Board
shall declare the next highest vote recipient the winner. This procedure shall be repeated
as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
2.6. Selection of Candidates
102.6-1. Any eligible member of the Nation may apply to be placed on a ballot according to the
following procedures:
(a) Applicants shall use an official form as designated by this law which may be
obtained in the Office of the Nation’s Secretary.
(b) The form shall consist of information that satisfies the minimum requirements for
eligible candidates, as descried in section 102.5-2 of this law.
(c) Applications shall be presented to the Nation’s Secretary, or designated agent,
during normal business hours, 8:00 to 4:30 Monday through Friday, but no later than
prior to close of business on April 3, 2020. The location to drop-off applications shall
be the Business Committee Support Office.
(d) The Nation’s Secretary shall forward all applications to the Election Board
Chairperson the next business day following the close of submissions.
102.6-2. A person who runs for a position on the Oneida Business Committee, or a position on a
judicial court or commission, shall not run for more than one (1) elective office or seat per election.
102.7. Notice of Polling Places
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102.7-1. The Election Board shall post a notice in the prominent locations, stating the location of
the polling places and the time the polls will be open. This notice shall also be posted in an easily
visible position, close to the entrance of the Nation’s businesses/facilities.
102.7-2. Polling information shall be posted no less than ten (10) calendar days prior to the
election, and shall remain posted until the poll closes on the day of the election.
102.7-3. Except for a Special Election, notice for the election shall be mailed to all Nation
members, stating the time and place of the election and a sample of the ballot, no less than ten (10)
calendar days prior to the election, through a mass mailing. The Trust Enrollment Department
shall be notified, by the Election Board Chairperson, no less than twenty (20) calendar days prior
to the requested mailing.
102.7-4. Notice of the election shall be placed in the Nation’s newspaper.
102.8. Registration of Voters
Section A. Requirements
102.8-1. Registration of Voters. All enrolled members of the Nation, who are eighteen (18) years
of age or over, are qualified voters of such election(s) as defined in Article III, Section 2 of the
Oneida Nation Constitution.
Section B. Identification of Voters
102.8-2. All voters must present one of the following picture identifications in order to be able to
vote:
(a) Oneida Nation I.D.
(b) Drivers License.
(c) Other I.D. with name and photo.
Section C. Registration Procedures
102.8-3. Voters shall physically register, on the day of the election, at the polls.
102.8-4. Trust Enrollment Department personnel shall be responsible for verifying enrollment
with the Nation. Conduct of Trust Enrollment Department personnel is governed by the Election
Officials during the voting period.
102.8-5. Every person who intends to vote must sign his/her name on an official Voter Registration
Form containing the voter’s following information:
(a) name and maiden name (if any);
(b) current address;
(c) date of birth; and
(d) enrollment number.
Section D. Qualification/Verification of Voter Eligibility
102.8-6. Should a question or dispute arise as to the eligibility of a voter being qualified to vote,
the Judges of the Election Officials appointed by the Election Board Chairperson shall meet with
the Trust Enrollment Department personnel who are registering voters, to decide the voting
member’s eligibility currently being questioned and shall make such decisions from the facts
available, whether the applicant is, in fact, qualified/verifiable under the Oneida Nation
Constitution, Article III Section 2, to vote in the Nation’s elections.
102.8-7. Any voter denied eligibility shall be allowed to vote, provided that the ballot shall be
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placed in an envelope, initialed by two (2) Election Officials, sealed and numbered. The name of
the voter shall be written next to a numbered list which corresponds to the numbered and sealed
envelope. The voter shall be required to mail a written appeal to the Election Board at P.O. Box
413, Oneida, Wisconsin, 54155, postmarked within two (2) business days of the election if they
desire to challenge the decision made by the Election Officials. The Election Board shall make a
final decision, within five (5) business days of receiving the appeal and shall report this decision
in the final report sent to the Oneida Business Committee.
102.9. Election Process
Section A. Polling Places and Times
102.9-1. In accordance with Article III, Section 5 of the Oneida Nation Constitution, elections
shall be held in the month of July on a date set by the General Tribal Council. The General Tribal
Council shall set the election date at the January annual meeting, or at the first GTC meeting held
during a given year. Special Elections shall be set in accordance with 102.12-6.
102.9-2. Elections shall be held in an Oneida Nation facility(s) as determined by the Election
Board.
102.9-3. Voting for elections shall begin at 7:00 a.m. and shall end at 7:00 p.m. All voters in line
to vote at 7:00 p.m. shall be allowed to vote.
(a) If a ballot counting machine is used, the ballot counting machine shall be prepared
prior to 7:00 a.m. on the day of the election. The Judges shall open the polls only after four
(4) members of the Nation verify, through signature on the tape, the ballot box is empty
and the ballot counting machine printer tape has a zero (0) total count.
102.9-4. At least one (1) Oneida Police Officer shall be present during the time the polls are open,
and until the counting of ballots is completed, and tentative results posted.
102.9-5. The Election Board shall provide a voting area sufficiently isolated for each voter such
that there is an area with at least two sides and a back enclosure.
102.9-6. No campaigning of any type shall be conducted within two hundred eighty (280) feet of
the voting area, excluding private property.
102.9-7. No one causing a disturbance shall be allowed in the voting area.
102.9-8. Election Board members may restrict the voting area to qualified voters only. This
restriction is in the interest of maintaining security of the ballots and voting process.
Section B. Ballot Box
102.9-9. All ballots being votes, shall be placed in a receptacle clearly marked "Ballot Box" and
shall be locked until counting at the close of polls. Provided that, with electronic ballot counting,
the ballots may be placed within the ballot counting machine as they are received.
Section C. Spoiled Ballots
102.9-10. If a voter spoils his/her ballot, he/she shall be given a new ballot.
102.9-11. The spoiled ballot shall be marked "VOID" and initialed by two (2) Election Officials
and placed in an envelope marked as "Spoiled Ballots."
102.9-12. The Spoiled Ballot envelopes shall be retained and secured for no less than fifteen (15)
calendar days following finalization of any challenge of the election, at the Records Management
Department.
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Section D. Rejected Ballots
102.9-13. Rejected Ballots are to be placed in a specially marked container and sealed.
(a) Computer rejected ballots shall be reviewed by the Election Officials to verify the
authenticity of the ballot. Ballots rejected because of mutilation shall be added to the final
computer total, provided that, a new ballot was not received as set out in sections 102.9-10
through 102.9-12.
(b) Ballots rejected, either during the computer process or during a manual counting, shall
be reviewed by the Election Officials to verify that they are authentic. If the Election
Officials determine that the ballot is not an official ballot, or that it is an illegal ballot, the
ballot shall be designated ‘void,’ and placed in a sealed container marked “Void Ballots.”
102.10. Tabulating and Securing Ballots
Section A. Machine Counted Ballots
102.10-1. When ballots are counted by machine, at the close of polls the Judges shall generate
from the ballot counting machine copies of the election totals from the votes cast.
102.10-2. At least three (3) Election Board members shall sign the election totals, which shall
include the tape signed by the members of the Nation before the polls were opened per section
102.9-3(a).
Section B. Manually Counted Ballots
102.10-3. When ballots are manually counted, at the close of polls the Judges shall unlock the
ballot box and remove the ballots.
102.10-4. If the ballots need to be counted at a location other than the polling site, the ballots shall
be secured in a sealed container for transportation to the ballot counting location. The sealed
ballots shall be transported by an Oneida Police Officer with at least three (3) of the Election
Officials for counting/tallying of ballots.
102.10-5. The sealed ballots shall be opened at the time of counting by the Election Officials and
witnessed/monitored by an Oneida Police Officer.
102.10-6. Ballots must be counted by two different Election Officials until two final tallies are
equal in back to back counting. Final tallies shall be verified by the Election Judges.
Section C. Securing Ballots
102.10-7. The Judges shall place together all ballots counted and secure them together so that they
cannot be untied or tampered with without breaking the seal. The secured ballots, and the election
totals with the signed tape, if applicable, shall then be secured by the Judges in a sealed container
in such a manner that the container cannot be opened without breaking the seals or locks, or
destroying the container. The Oneida Police Officer shall then deliver, on the day of the election,
the sealed container to the Records Management Department for retaining.
102.11. Election Outcome and Ties
Section A. Election Results Announcement
102.11-1. The tentative results of an election shall be announced and posted by the Election Board
within twenty-four (24) hours after the closing of the polls. Notices of election results shall contain
the following statement:
"The election results posted here are tentative results. Final election results are forwarded
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by the Oneida Election Board to the Oneida Business Committee via a Final Report after
time has lapsed for recount requests, or challenges or after all recounts or challenges
have been completed, whichever is longer”
102.11-2. The Election Board shall post, in the prominent locations, and publish in the Nation’s
newspaper, the tentative results of an election.
Section B. Tie
102.11-3. In the event of a tie for any office, and where the breaking of a tie is necessary to
determine the outcome of an election, the Election Board shall conduct an automatic recount of
the votes for each candidate receiving the same number of votes. Any recount conducted shall be
the only recount allowed for the tied candidates.
102.11-4. For Business Committee positions, a run-off election between the candidates with the
same number of votes shall be held if there remains a tie after the recount. Said run-off election
shall be held within twenty one (21) calendar days after the recount. For all other positions, if
there remains a tie after the recount, the Election Board shall decide the winner of the tied positions
at least two (2) business days after, but no more than five (5) business days after the recount
through a lot drawing, which shall be open to the public.
(a) The Election Board shall notify each of the tied candidates and the public of the date,
time, and place of the drawing at least one (1) business day before the drawing. Notice to
the tied candidates shall be in writing. Notice to the public shall be posted by the Election
Board in the prominent locations.
(b) On the date and at the time and place the drawing was noticed, the Election Board
Chairperson shall clearly write the name of each tied candidate on separate pieces of paper
in front of any witnesses present. The pieces of paper shall be the same, or approximately
the same, color, size, and type. The papers shall be folded in half and placed in a container
selected by the Election Board Chairperson.
(c) The Election Board Chairperson shall designate an uninterested party to draw a name
from the container. The candidate whose name is drawn from the container first shall be
declared the winner. An Election Board member other than the Chairperson shall remove
the remaining pieces of paper from the container and show them to the witnesses present.
Section C. Recount Procedures
102.11-5. A candidate may request the Election Board to complete a recount, provided the margin
between the requesting candidate’s vote total and vote total for the unofficial winner was within
two percent (2%) of the total votes for the office being sought or twenty (20) votes, whichever is
greater. A candidate requests a recount by hand delivering a written request to the office of the
Nation’s Secretary, or noticed designated agent, within five (5) business days after the election.
Requests shall be limited to one (1) request per candidate. The Nation’s Secretary shall contact
the Election Board Chairperson by the next business day after the request for recounts.
102.11-6. The Election Board shall respond by the close of business on the fifth (5th) day after the
request regarding the results of the recount. Provided that, no recount request need be honored
where there have been two (2) recounts completed as a result of a request either as a recount of the
whole election results, or of that sub-section.
102.11-7. All recounts shall be conducted manually with, if possible, the original Election
Officials and Oneida Police Officer present, regardless of the original type of counting process.
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Manual recounts may, at the discretion of the Election Officials, be of the total election results, or
of the challenged sub-section of the election results.
102.11-8. The Oneida Police Officer shall be responsible for picking up the locked, sealed
container with the ballots from the Records Management Department and transporting it to the
ballot recounting location.
102.11-9. A recount shall be conducted by a quorum of the Election Board, including at least three
(3) of the original Election Officials. The locked, sealed ballots shall be opened by the Election
Board Chairperson and an Oneida Police Officer shall witness the recount.
102.11-10. Recounting of ballots may be performed manually or by computer. All ballots shall be
counted until two (2) final tallies are equal in back to back counting and the total count of ballots
reconciles with the total count from the ballot counting machine. Sub-sections of candidates may
be recounted in lieu of a full recount.
(a) Manually counted ballots shall be recounted by the Election Board. Ballots shall be
counted twice by different persons and certified by the Judges.
(b) Computer counted ballots shall be recounted twice and certified by the Judges. Prior
to using an electronic ballot counting device, it shall be certified as correct either by the
maker, lessor of the machine, or Election Board.
Section D. Challenges and Declaration of Results
102.11-11. Challenges. Any qualified voter may challenge the results of an election by filing a
complaint with the Judiciary within ten (10) calendar days after the election. The Judiciary shall
hear and decide a challenge to any election within two (2) business days after the challenge is filed.
Any appeal to the appellate body of the Judiciary shall be filed within one (1) business day after
the issuance of the lower body’s decision and decided within two (2) business days after the appeal
is filed.
(a) The person challenging the election results shall prove by clear and convincing
evidence that the Election Law was violated or an unfair election was conducted, and that
the outcome of the election would have been different but for the violation.
(b) If the Judiciary invalidates the election results, a Special Election shall be ordered by
the Judiciary for the office(s) affected to be held on a date set by the Judiciary for as soon
as the Election Law allows for a Special Election.
102.11-12. The Final Report. The Election Board shall forward a Final Report to the Nation’s
Secretary after time has lapsed for recount requests, or challenges or after all recounts or challenges
have been completed, whichever is longer. The Final Report shall consist of the following
information:
(a) Total number of persons voting.
(b) Total votes cast for each candidate by subsection of the ballot.
(c) List of any ties and final results of those ties, including the method of resolution.
(d) List of candidates elected and position elected to.
(e) Number of spoiled ballots.
(f) Cost of the election, including the compensation paid to each Election Board member.
102.11-13. Declaration of Results. The Business Committee shall declare the official results of
the election and send notices regarding when the swearing in of newly elected officials shall take
place within ten (10) business days after receipt of the Final Report.
102.11-14. Candidates elected to the Business Committee shall resign from any salaried position
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effective prior to taking a Business Committee oath of office
102.11-15. Except in the event of an emergency, as determined by the Business Committee,
newly elected officials shall be sworn into office no later than thirty (30) calendar days after the
official results of an election are declared by the Business Committee.
(a) If a newly elected official is not sworn in within thirty (30) calendar days, the seat shall
be considered vacant and the Election Board shall declare the next highest vote recipient
the winner. This procedure shall be repeated as necessary until a winner is declared.
(b) If all vote recipients decline or are otherwise unable to be declared the winner, then a
Special Election shall be held.
102.11-16. The Election Board shall send notice to the Records Management Department to
destroy the ballots thirty (30) calendar days after the election or after the final declaration of official
election results occurs, whichever is longer.
102.12. Elections
Section A. Primary Elections; Business Committee
102.12-1. When a primary is required under 102.12-2, it shall be held on a Saturday at least sixty
(60) calendar days prior to the election.
102.12-2. There shall be a primary election for Business Committee positions whenever there are
three (3) or more candidates for any officer positions or sixteen (16) or more candidates for the atlarge council member positions.
(a) The two (2) candidates receiving the highest number of votes cast for each officer
position shall be placed on the ballot.
(b) The fifteen (15) candidates receiving the highest number of votes cast for the at-large
council member positions shall be placed on the ballot.
(c) Any position where a tie exists to determine the candidates to be placed on the ballot
shall include all candidates where the tie exists.
102.12-3. The Election Board shall cancel the primary election if the Business Committee
positions did not draw the requisite number of candidates for a primary.
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
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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
Nation Constitution and By-laws may be initiated by the Oneida Business Committee or a petition
of qualified voters. The requirements for the Oneida Business Committee’s initiation of
Constitutional amendments are as provided in the Constitution and as further detailed in the
supporting standard operating procedures which the Oneida Business Committee shall adopt.
Qualified voters may petition to amend the Oneida Nation Constitution and By-laws by submitting
a petition to the Office of the Nation’s Secretary which includes the full text of the proposed
amendments and signatures that are equal in number to at least ten percent (10%) of all members
qualified to vote.
(a) Qualified voters may request a petition form from the Office of the Nation’s Secretary.
(b) When a petition form is requested, the Nation’s Secretary, or his or her designee, shall
direct the Trust Enrollment Department to calculate the number of signatures currently
required for a petition submittal, which shall be ten percent (10%) of all members qualified
to vote on the date the petition form is requested from the Office of the Nation’s Secretary.
When the Nation’s Secretary receives the calculation from the Trust Enrollment
Department, the Nation’s Secretary shall provide the requester with the petition form and
the number of signatures that are currently required.
(c) Such petitions shall be circulated with all supporting materials and submitted a
minimum of ninety (90) days prior to the election at which the proposed amendment is to
be voted upon. If a petition includes supporting materials in addition to the petition form,
each qualified voter signing the petition shall also acknowledge that the supporting
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materials were available for review at the time he or she signed the petition by initialing
where required on the petition form.
(d) The Nation’s Secretary shall forward submitted petitions to the Trust Enrollment
Department for verification of signatures and to the Election Board to provide notice that
the petition may need to be placed on an upcoming ballot.
(e) If the petition is verified by the Trust Enrollment Department to contain signatures from
at least ten percent (10%) of all qualified voters, the Election Board shall make an official
announcement of the proposed amendments to the Oneida Nation Constitution at least sixty
(60) days prior to the election at which the proposed amendments are to be voted on.
102.13-2. The Election Board shall place any proposed amendments to the Oneida Nation
Constitution that meet the requirements contained in 102.13-1 on the ballot at the next general
election. Provided that, the Oneida Business Committee or General Tribal Council may order a
special election be held to consider the proposed amendments. In such circumstances, the Election
Board shall place any proposed amendments to the Oneida Nation Constitution on the ballot at the
next special election.
102.13-3. The Election Board shall publish any proposed amendments by publishing a sample
ballot no less than ten (10) calendar days prior to the election, through a mass mailing. The Trust
Enrollment Department shall be notified, by the Election Board Chairperson, no less than twenty
(20) calendar days prior to the requested mailing. Copies of such publications shall be prominently
posted in each polling place and at administrative offices of the Nation and shall also be published
in official Oneida media outlets, which the Oneida Business Committee shall identify by
resolution. For the purposes of this section, Oneida administrative offices means the location
where the Oneida Business Committee conducts business.
102.13-4. The Election Board shall ensure that the ballot contains a statement of the purpose of
the proposed amendments prepared by the Oneida Law Office. The Oneida Law Office shall
ensure that the statement of purpose is one hundred (100) words or less exclusive of caption, is a
true and impartial statement and is written in such a manner that does not create prejudice for or
against the proposed amendment.
102.13-5. Pursuant to Article VI, Section 3 of the Oneida Nation Constitution, proposed
amendments that are approved by sixty-five percent (65%) of the qualified voters that vote on that
amendment shall become part of the Constitution and By-laws, and shall abrogate or amend
existing provisions of the Constitution and By-laws at the end of thirty (30) days after submission
of the final election report.
102.13-6. If two (2) or more amendments approved by the voters at the same election conflict, the
amendment receiving the highest affirmation vote prevails.
End.
Adopted - June 19, 1993
Amended - June 28, 1995 (Adopted by BC on Behalf of GTC, Completion of Agenda)
Presented for Adoption of 1997 Revisions - GTC-7-6-98-A
Amended- October 11, 2008 (General Tribal Council Meeting)
Amended-GTC-01-04-10-A
Amended – BC-02-25-15-C
Amended – GTC-04-23-17-A
Emergency Amended – BC-__-__-__-__
1 O.C. 102 – page 14
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Adopt resolution entitled Adoption of Emergency Amendments to the Boards, Committees, and...
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Oneida Nation
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Post Office Box 365
Phone: (920)869-2214
Oneida, WI 54155
BC Resolution #
Adoption of Emergency Amendments to the Boards, Committees, and Commissions Law to
Address COVID-19 Pandemic Impacts on Boards, Committees, and Commissions of the Nation
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WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the United States has identified multiple cases of COVID-19 after learning of the epidemic
outbreak in Wuhan, China; and
WHEREAS,
the President has created the White House Coronavirus Task Force to track the spread of
the virus, identify solutions for reducing the spread of the virus, managing scarce
resources, and identifying opportunities to improve testing, develop treatment and
immunizations, and identify how to inform about and contain epidemics in the future; and
WHEREAS,
the U.S. Congress has adopted legislation which devotes $8.3 billion to fund the fight
regarding COVID-19; and
WHEREAS,
the World Health Organization has identified that the spread of COVID-19 is now a
pandemic with many countries experience the effects of illness and health issues related
to the virus and economic impacts; and
WHEREAS,
Governor Evers has announced that he has signed Executive Order # 72 which declares
a “Public Health Emergency in Response to the COVID-19 Coronavirus”; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” which sets into place the necessary authority should action need to be taken
and allowing the Oneida Nation to seek reimbursement of emergency management actions
that may result in unexpected expenses; and
WHEREAS,
on March 13, 2020, there were 1,629 cases reported through the United States, and 18
cases of positive tests in Wisconsin; and
WHEREAS,
the CDC has issued the following precautions to avoid further spread of the virus:
Clean your hands often
• Wash your hands often with soap and water for at least 20 seconds especially after you have been
in a public place, or after blowing your nose, coughing, or sneezing.
• If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol.
Cover all surfaces of your hands and rub them together until they feel dry.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
Avoid close contact
Public Packet
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BC Resolution _____________
Adoption of Emergency Amendments to the Boards, Committees, and Commissions Law to Address COVID-19 Pandemic
Impacts on Boards, Committees, and Commissions of the Nation
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• Avoid close contact with people who are sick
• Put distance between yourself and other people if COVID-19 is spreading in your community. This
is especially important for people who are at higher risk of getting very sick; and
WHEREAS,
the CDC has identified that the months of March, April and May should be the time when
the potential for the highest increases in the number of confirmed cases would occur; and
WHEREAS,
the emergency amendments to the Law is being sought to address the impact of COVID19 on the Nation’s boards, committees, and commissions; and
WHEREAS,
the Legislative Procedures Act authorizes the Oneida Business Committee to enact
legislation on an emergency basis, to be in effect for a period of six (6) months, renewable
for an additional six (6) months; and
WHEREAS,
emergency adoption of legislation is allowed when legislation is necessary for the
immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible
under the Legislative Procedures Act; and
WHEREAS,
the emergency adoption of these amendments to the Law are necessary for the
preservation of the pub
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