ARTICLE 16 INITIATIVE AND REFERENDUM

§ 1601 Initiative and Referendum

A. Initiative and referendum elections are governed by Article XI of the Constitution.

B. Initiative.  The Tribal Council shall submit any proposed ordinance or resolution, except those regarding land, housing or the adoption of tribal members under Article II, Section 2 of the Constitution, to popular initiative upon petition of at least thirty percent (30%) of the eligible voters of the Tribe, or upon the request of the majority of the members of the Tribal Council.

C. Referendum.  The Tribal Council shall submit any enacted ordinance or resolution, except those regarding land, housing or the adoption of tribal members under Article II, Section 2 of the Constitution, to popular initiative upon petition of at least thirty percent (30%) of the

eligible voters of the Tribe, or upon the request of the majority of the members of the Tribal Council.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019]

§ 1602 Initiative/Referendum Petitions

A. The Election Board shall issue an Official Initiative/Referendum Petition similar to Form K to any adult tribal member who requests them. The petitions shall specify the proposed or enacted ordinance or resolution that is to be the subject of the initiative or referendum.

B. Each eligible voter of the Tribe shall have the right, exercisable freely and without restraint or coercion of any kind, to sign an Initiative/Referendum Petition.

C. A completed Initiative/Referendum Petition shall be submitted to the Tribal Council. The Tribal Council shall submit the Petition to the Election Board.

D. The Election Board shall verify the signatures on an Initiative/Referendum Petition within ten (10) days of the receipt of such Petition from the Tribal Council.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019]

§ 1603 Initiative/Referendum Election Procedure

A. If the Election Board determines that an Initiative/Referendum Petition has the required number of signatures, it shall hold an initiative/referendum election.

B. The Election Board shall also hold an initiative/referendum election if the Tribal Council submits to it a written request signed by a majority of the members of the Tribal Council.  The written request shall specify the proposed or enacted ordinance or resolution that is to be the subject of the initiative or referendum.

C. The Election Board shall use the same procedures for initiative/referendum elections as that set forth in this Ordinance for other general and special elections.

D. The ordinance or resolution which is the subject of the initiative or referendum shall thereafter be in effect if at least thirty percent (30%) of all eligible voters vote in the initiative/referendum election and if a majority of those voting vote in favor of the ordinance or resolution.

E. The provisions of Article 12 of this Election Ordinance for challenges and enforcement for election matters shall also apply to initiative/referendum elections.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019]

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