1.03.150 Referendums

(a) A Tribal Referendum must occur within ninety (90) days of receipt of a valid petition or the 2/3 vote of Tribal Council.

(b) The referendum question shall be presented to the community at a minimum of three (3) public meetings to be held at the Saint Regis Mohawk Tribe Ionkwakiohkwaro:ron Administration Building or another suitable location prescribed by the Board.

(c) The referendum question shall be posted in the Saint Regis Mohawk Tribe Ionkwakiohkwaro:ron Administration Building, at least one local newspaper, and shall be aired as an announcement on CKON Radio Station at least thirty (30) days prior to the date of the Referendum.

(d) The community announcement must include the following information:

(1) Referendum question;

(2) Date of Referendum;

(3) Polling location for Referendum;

(4) Polling location hours; and

(5) Contact information should a community member have questions.

(e) At least one (1) Saint Regis Mohawk Tribal Police Officer shall be present in the Polling Area from opening to closing and shall witness the counting process.

(f) Eligibility of voters for a referendum shall be the same as prescribed in Section 1.03.070 of this chapter.

(g) The Saint Regis Mohawk Tribal Clerk's office shall provide the Board with a final Eligible Voters List by close of business, the last business day prior to the Election or referendum. Individual voters are responsible for making sure their name is on this list.

(h) Absentee voting shall be the same as prescribed in Section 1.03.080 of this chapter.

(i) The Referendum results shall be decided by a majority of Eligible Voters casting ballots in the Tribal Referendum.

(j) No minimum number of voters must cast ballots in order for the results of a Tribal Referendum to be adopted.

(k) The numerical results of a Referendum shall be certified by the Board.

(l) Any appeals to the results of a Referendum shall be dealt with in accordance with Section 1.03.140 of this chapter.

(m) Petitions

(1) A petition for referendum must clearly state that the Petition is for the purpose of conducting a referendum, and include the referendum question to be asked.

(2) Upon submission to and acceptance by the Election Board, a petition shall be deemed final and complete and no further signatures shall thereafter be added.

(3) The following procedures shall be used for verification of petitions:

(A) The Election Board shall acknowledge receipt of Petition, in writing, addressed to the individual presenting the Petition.

(B) As of the date of the submission of the Petition, the Tribal Clerk will generate the Eligible Voters List and determine both the number of eligible voters of the SRMT and the number of valid signatures required for a Petition to be successful.

(C) In order for a signature to be valid, the individual signing the Petition must be on the Eligible Voters List as of the date of the submission of the Petition.

(D) The Tribal Clerk, or their designee, shall verify each signature by reviewing the Petition against the Eligible Voters List.

(E) Valid signatures for a Petition must include:

(i) Printed Name;

(ii) Signature;

(iii) Enrollment Number; and

(iv) Date of Birth.

(F) If the signature does not contain all of these requirements, but the Tribal Clerk, or their designee, can ascertain whether the individual is an Eligible Voter, the signature shall be accepted and counted.

(G) The Tribal Clerk, or their designee, shall make the final determination as to the validity of any signature and may take into consideration whether the signature is legible, whether an individual has signed multiple times, or whether a name properly matches with an enrollment number, among other considerations.

(H) Once all of the signatures have been reviewed by the Tribal Clerk, or their designee:

(i) If the Petition contains the required number of valid signatures, the Petition shall be verified and presented to the Election Board for action to call for a Referendum in accordance with the Petition; or

(ii) If the Petition does NOT contain the required number of valid signatures, or does not clearly state the referendum question being asked, a written notice will be sent to the individual who presented the Petition, by the Tribal Clerk or their designee, notifying him/her that the Petition has been denied and shall state the reasons for the denial.