§ 81.4 What terms do I need to know?

For purposes of this part:

Absentee ballot

means a ballot the Secretarial Election Board provides to a registered voter, upon request, to allow him or her to vote by mail even though polling sites are used.

Amendment

means any modification or change to one or more provisions of an existing governing document or charter.

Applicable law

means any treaty, statute, Executive Order, regulation, or final decision of a Federal court, which is applicable to the tribe.

Authorizing Official

means the Bureau official with delegated Federal authority to authorize a Secretarial election.

Bureau

means the Bureau of Indian Affairs, Department of the Interior.

Business day

means a weekday (Monday through Friday), excluding Federal holidays.

Cast

means the action of a registered voter, when the ballot is received through the mail by the Secretarial Election Board, or placed in the ballot box at the polling site.

Charter

means a charter of incorporation issued under a Federal statute and ratified by the governing body in accordance with tribal law or, if adopted before May 24, 1990, by a majority vote in an election conducted by the Secretary.

Day

means a calendar day. A Secretarial election may be held on a Saturday, Sunday or Federal holiday.

Department

means the Department of the Interior.

Director

means the Director of the Bureau of Indian Affairs or his or her authorized representative.

Electioneering

means campaigning for or against the adoption, ratification, revocation or amendment of a proposed governing document or a charter.

Eligible voter

means a tribal member who will be 18 years of age or older on the date of the Secretarial election (and, if the tribe's governing document imposes additional requirements for voting in a Secretarial election, also meets those requirements).

Eligible Voters List

means a list of eligible voters, including their birthdates and their last known mailing addresses

g document or a charter.

Eligible voter

means a tribal member who will be 18 years of age or older on the date of the Secretarial election (and, if the tribe's governing document imposes additional requirements for voting in a Secretarial election, also meets those requirements).

Eligible Voters List

means a list of eligible voters, including their birthdates and their last known mailing addresses. The Eligible Voters List is compiled and certified by the tribe's governing body or the Bureau if the Bureau maintains the current membership roll for the tribe.

Federal statute

means the Indian Reorganization Act (IRA), 25 U.S.C. 476, 477, as amended, the Oklahoma Indian Welfare Act (OIWA), 25 U.S.C. 503, and any tribe-specific Federal statute that requires a Secretarial election for the adoption of a governing document.

Final agency action

means the Authorizing Official's approval or disapproval of a Secretarial election or acknowledgment of the tribe's or petitioners' withdrawal of a request for Secretarial election, and is final for the Department.

Governing document

means any written document that prescribes the extent, limitations, and manner in which the tribe exercises its sovereign powers.

Local Bureau office

means the local administrative office of the Bureau that is the primary point of contact between the Bureau and the tribe.

Local Bureau Official

means the Superintendent, Field Representative, or other official having delegated Federal administrative responsibility under this part.

Mailout ballot

means a ballot the Secretarial Election Board provides to a registered voter to allow him or her to vote by mail in an election conducted entirely by mail.

Member of a tribe

or

tribal member

means any person who meets the criteria for membership in a tribe and, if required by the tribe, is formally enrolled

cial having delegated Federal administrative responsibility under this part.

Mailout ballot

means a ballot the Secretarial Election Board provides to a registered voter to allow him or her to vote by mail in an election conducted entirely by mail.

Member of a tribe

or

tribal member

means any person who meets the criteria for membership in a tribe and, if required by the tribe, is formally enrolled.

Petition

means the official document submitted by the petitioners to the Secretary to call a Secretarial election for the purpose of adopting or ratifying a new governing document, amending the tribe's existing governing document, or revoking the tribe's existing governing document.

Petitioner

means a tribal member who is 18 years of age or older (and, if the tribe's governing document imposes additional requirements for petitioning, also meets those requirements), and signs a petition.

Polling site ballot

means the ballot the Secretarial Election Board provides to a registered voter, allowing him or her to vote when polling sites are required by the amendment and adoption article of the tribe's governing document.

Recognized governing body

means the tribe's governing body recognized by the Bureau for the purposes of government-to-government relations.

Registered Voter

means an eligible voter who has registered to vote in the Secretarial election.

Registered Voters List

means the list of all Registered Voters showing only names and, where applicable, voting districts.

Registration

means the process by which an eligible voter signs up to vote in the Secretarial election.

Revocation

means that act whereby the registered voters of a tribe vote to revoke their current governing document.

Secretarial election

means a Federal election conducted by the Secretary under a Federal statute or tribal governing document under this part.

Secretarial Election Board

means the body of officials appointed by the Bureau and the tribe (and the spokesperson for petitioners, as applicable) to conduct the Secretarial election

istered voters of a tribe vote to revoke their current governing document.

Secretarial election

means a Federal election conducted by the Secretary under a Federal statute or tribal governing document under this part.

Secretarial Election Board

means the body of officials appointed by the Bureau and the tribe (and the spokesperson for petitioners, as applicable) to conduct the Secretarial election.

Secretary

means the Secretary of the Interior or his or her authorized representative.

Spoiled ballot

means the ballot is mismarked, mutilated, rendered impossible to determine the voter's intent, or marked so as to violate the secrecy of the ballot.

Spokesperson for the petitioners

or

spokesperson

means a tribal member who provides a document signed by other tribal members that provides him or her authority to speak or submit a petition on their behalf.

Tribal request

means a request that includes all of the components set out in 81.6.

Tribe

means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that is listed in the

Federal Register

under 25 U.S.C. 479a—1(a), as recognized and receiving services from the Bureau of Indian Affairs.

Voting district

means a geographic area established to facilitate the voting process, if required, by the amendment and adoption articles of the tribe's governing document.