Section 42. Time and place of annual election  


Latest version.
  • There shall be a biennial
      election in the Seneca nation on the first Tuesday of November  in  each
      even  numbered  year.  The  voters  residing on the Allegany reservation
      shall  on  each  election  day  assemble  at  the   council-house   near
      Coldspring, and the voters residing on the Cattaraugus reservation shall
      assemble  at  the  court  house  near  Versailles,  and by ballot choose
      successors to the officers of such nation whose terms expire  with  such
      election  and  fill vacancies in any offices, which have not been filled
      by a special election. The peacemakers of each reservation shall preside
      and constitute the board  of  inspectors  of  such  election  for  their
      respective reservations. If any of such peacemakers are absent or refuse
      to  serve,  the electors present shall choose a person qualified to vote
      at such  election  to  fill  such  vacancy.  Before  entering  upon  the
      discharge  of  their  duties,  such  inspectors shall each take an oath,
      administered by one of the peacemakers, to support the  constitution  of
      the Seneca nation and to faithfully discharge the duties of their office
      according to the best of their ability. Each of such board of inspectors
      shall  appoint  a competent person as clerk, who shall keep a poll-list,
      containing the name of each person voting at such election  and  minutes
      of  the  proceedings and of the result of the election. The president of
      the nation shall provide  for  each  of  the  Cattaraugus  and  Allegany
      reservations,  a  ballot-box  with  a  lock  and  an  opening in the top
      sufficient to admit of the insertion of a folded ballot. Such box  shall
      be  locked  upon  the  opening  of the polls and remain locked until the
      close of such election.  Each  ballot  received  by  the  inspectors  of
      election  shall  be deposited in such box through the opening of the top
      thereof. Such inspectors shall see that such election is conducted  with
      order and regularity. The polls of such election shall be opened at nine
      o'clock in the forenoon and shall be kept open until five o'clock in the
      afternoon,  when  each  of  such  boards of inspectors shall immediately
      proceed publicly and before adjourning to count the votes cast, publicly
      announce the result thereof, and make and  sign  duplicate  certificates
      containing a statement of the whole number of votes cast, and the number
      cast  for  each  candidate. Each of such boards, within two days of such
      election, shall cause one of such duplicate certificates to be delivered
      to the clerk of the nation, who shall immediately record the same in the
      records of the nation. Such boards of inspectors and the  president  and
      clerk  of  the nation shall constitute the board of national canvassers;
      and, on the Tuesday following such election, shall  meet  at  the  court
      house  on  the  Cattaraugus  reservation at ten o'clock in the forenoon,
      examine such certificates, ascertain the results of such  election,  and
      declare  such  persons  elected  as  have received the highest number of
      votes; and such board of national canvassers, or  a  majority  of  them,
      shall  before  adjournment, execute a certificate containing a statement
      of the whole number of votes cast for each candidate  and  the  name  of
      each  candidate  declared  to be elected to any office; such certificate
      shall be attested by the clerk  of  the  nation  who  shall  immediately
      record the same in the records of the nation, and such certificate shall
      be  evidence  of the result of such election. The term of office of each
      officer elected at  such  election  shall,  unless  elected  to  fill  a
      vacancy,  be  two  years,  and  shall  commence on the completion of the
      canvass of the votes by the board of national canvassers. There shall be
      an annual election in the Tonawanda nation on the first Tuesday in June.
      At such election, successors shall be elected to the  officers  of  such
      nation  whose  terms  shall  expire  with  such  election, or during the
      calendar month next thereafter. The oldest peacemaker  present  at  such
      election  and  the clerk of such nation shall be the president and clerk
      of the meeting, and shall keep minutes of the proceedings and results of
    
      such election. If either of such officers are absent from  the  meeting,
      the  qualified  voters present thereat shall choose a qualified voter to
      act in his stead. The officers elected at such meeting shall be  chosen,
      upon  the  nomination of an elector, by ballot, or by the ayes and noes,
      as the meeting shall determine;  and  a  plurality  of  votes  shall  be
      necessary  to  elect.  The  presiding  officer and clerk of such meeting
      shall count the votes cast thereat and announce the result thereof.  The
      result  of such election shall be entered and certified by the president
      and clerk thereof in a book provided by such nation, called the register
      of election, which book shall be evidence of  the  result  of  elections
      entered  therein.  The  terms of office of the officers elected shall be
      one year, and shall commence on the first Tuesday of July next after the
      election.