§ 42 — Time and place of annual election

New York § 42

• Jurisdiction: New York
• Law IND: Indian
• Art. 4: The Seneca Indians

Text

§ 42. Time and place of annual election. There shall be a biennial\nelection in the Seneca nation on the first Tuesday of November in each\neven numbered year. The voters residing on the Allegany reservation\nshall on each election day assemble at the council-house near\nColdspring, and the voters residing on the Cattaraugus reservation shall\nassemble at the court house near Versailles, and by ballot choose\nsuccessors to the officers of such nation whose terms expire with such\nelection and fill vacancies in any offices, which have not been filled\nby a special election. The peacemakers of each reservation shall preside\nand constitute the board of inspectors of such election for their\nrespective reservations. If any of such peacemakers are absent or refuse\nto serve, the electors present shall choose a person qualified to vote\nat such election to fill such vacancy. Before entering upon the\ndischarge of their duties, such inspectors shall each take an oath,\nadministered by one of the peacemakers, to support the constitution of\nthe Seneca nation and to faithfully discharge the duties of their office\naccording to the best of their ability. Each of such board of inspectors\nshall appoint a competent person as clerk, who shall keep a poll-list,\ncontaining the name of each person voting at such election and minutes\nof the proceedings and of the result of the election. The president of\nthe nation shall provide for each of the Cattaraugus and Allegany\nreservations, a ballot-box with a lock and an opening in the top\nsufficient to admit of the insertion of a folded ballot. Such box shall\nbe locked upon the opening of the polls and remain locked until the\nclose of such election. Each ballot received by the inspectors of\nelection shall be deposited in such box through the opening of the top\nthereof. Such inspectors shall see that such election is conducted with\norder and regularity. The polls of such election shall be opened at nine\no'clock in the forenoon and shall be kept open until five o'clock in the\nafternoon, when each of such boards of inspectors shall immediately\nproceed publicly and before adjourning to count the votes cast, publicly\nannounce the result thereof, and make and sign duplicate certificates\ncontaining a statement of the whole number of votes cast, and the number\ncast for each candidate. Each of such boards, within two days of such\nelection, shall cause one of such duplicate certificates to be delivered\nto the clerk of the nation, who shall immediately record the same in the\nrecords of the nation. Such boards of inspectors and the president and\nclerk of the nation shall constitute the board of national canvassers;\nand, on the Tuesday following such election, shall meet at the court\nhouse on the Cattaraugus reservation at ten o'clock in the forenoon,\nexamine such certificates, ascertain the results of such election, and\ndeclare such persons elected as have received the highest number of\nvotes; and such board of national canvassers, or a majority of them,\nshall before adjournment, execute a certificate containing a statement\nof the whole number of votes cast for each candidate and the name of\neach candidate declared to be elected to any office; such certificate\nshall be attested by the clerk of the nation who shall immediately\nrecord the same in the records of the nation, and such certificate shall\nbe evidence of the result of such election. The term of office of each\nofficer elected at such election shall, unless elected to fill a\nvacancy, be two years, and shall commence on the completion of the\ncanvass of the votes by the board of national canvassers. There shall be\nan annual election in the Tonawanda nation on the first Tuesday in June.\nAt such election, successors shall be elected to the officers of such\nnation whose terms shall expire with such election, or during the\ncalendar month next thereafter. The oldest peacemaker present at such\nelection and the clerk of such nation shall be the president and clerk\nof the meeting, and shall keep minutes of the proceedings and results of\nsuch election. If either of such officers are absent from the meeting,\nthe qualified voters present thereat shall choose a qualified voter to\nact in his stead. The officers elected at such meeting shall be chosen,\nupon the nomination of an elector, by ballot, or by the ayes and noes,\nas the meeting shall determine; and a plurality of votes shall be\nnecessary to elect. The presiding officer and clerk of such meeting\nshall count the votes cast thereat and announce the result thereof. The\nresult of such election shall be entered and certified by the president\nand clerk thereof in a book provided by such nation, called the register\nof election, which book shall be evidence of the result of elections\nentered therein. The terms of office of the officers elected shall be\none year, and shall commence on the first Tuesday of July next after the\nelection.\n