Definitions below shall be listed alphabetically. In this Code, unless the context otherwise requires:
B. “Ballot question” means any issue to be decided by a vote of the Osage people.
C. “Congress” means the Congress of the Osage Nation.
D. “Constitution” means the Constitution of the Osage Nation signed May 6, 2006, and any adopted amendments.
E. “Conviction” means a judgment entered after a finding of guilt.
F. “Depose” means to make a statement or statements, which are written down and sworn to.
G. “Electioneer” or “electioneering” means any of the following acts performed by any person:
1. The posting or display of campaign signs; or
2. The display of symbols, numbers, or letters intended to remind voters of a particular candidate or position; or
3. The distribution of literature, cards, or any other item that could reasonably be considered campaign related; or
4. Making any speech or sounds or playing any recordings that could reasonably be considered campaign related; or
5. The continued occupation of any space on, or within ten (10) feet of the polling place for the purpose of greeting voters; or
6. Any other work for a political candidate or a ballot issue with the intent to solicit an affirmative or negative vote or other support for the political candidate or ballot issue.
H. “Election official” means any person authorized by the Osage Nation Election Board or the Election Office to assist in the conduct of elections and other related duties. No elected official of the Osage Nation, candidate for elected office, immediate family member of an elected official or candidate, any person living with an elected official or candidate, or any person that is a partner in a business concern with an elected official or candidate shall serve as an election official.
I. “Electorate” means all enrolled members of Osage Nation who have attained the age of eighteen (18) years.
J. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.
K. “Expungement” means the deletion and erasure of the criminal record of a candidate for public office.
L. “Fraud” means intentionally interfering with supplies used to conduct an election, in order to change a voter’s vote, or to change the composition of the official ballot or ballots, or to change the counting of the ballots, or to change the certification of the results of an election.
N. “Immediate family” means spouse, son, daughter, mother, father, sister, or brother, grandparent or grandchild, aunt, uncle, niece or nephew or member of the same household and includes those of the foregoing who are formally adopted by court order.
O. “Knowingly” in reference to a violation of this Election Code, means consciously and intentionally; however, it does not require any knowledge of the unlawfulness of the act or admission.
P. “Member” or “enrolled member” means an enrolled member of the Osage Nation.
Q. “Month” means a calendar month unless otherwise expressed.
R. “Minerals Council election” means an election held according to the rules and regulations promulgated by the Minerals Council for the election of its members held independently of other Osage Nation elections. Minerals Council elections are not general or special elections.
S. “Oath” means affirmation or declaration.
T. “Osage Nation Election Board” or “Board” means the three-member board appointed by the Principal Chief with the advice and consent of Congress to administer or oversee all elections of the Osage Nation except elections for the Osage Nation Minerals Council.
U. “Osage Voter Registry” means a list of qualified voters maintained by the Osage Nation Election Board that, when fully updated, is identical to a list of members of the Osage Nation maintained by the CDIB/Membership Department of the Osage Nation who meet age requirements for voting and are not disqualified from voting by Osage law. Pursuant to Section 4-104(C) of this Title, published Osage Voter Registry lists or sub-lists shall not include voters participating in the Privacy Program.
V. “Person” means a corporation, company, partnership, firm, association or society, as well as a natural person. When the word “person” is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, the State of Oklahoma, the Osage Nation, which may lawfully own any property, or a public or private corporation, or partnership or association. When the word “person” is used to designate the violator or offender of any law, it includes a corporation, partnership or any association of persons.
W. “Petitioner” means an individual, group, or organization who presents a petition.
X. “Primary election” means a special election held on the first Monday of April in even-numbered years beginning in 2018 and every four years thereafter, or at other times as required by Osage law.
Z. “Qualified voter” means any enrolled member of the Osage Nation, eighteen (18) years of age or older, whose name is found on the Osage Voter Registry. The term “qualified voter” has the same meaning as “eligible voter,” “registered voter,” and “those entitled to vote” as those terms are used in the Constitution.
AA. “Registered mail” means certified mail.
BB. “Reside” means to have a residence.
CC. “Residence” means a person’s place of abode where the person intends to remain for an undetermined period, having no present intention of removal from that place and to which, when he or she is absent, he or she intends to return.
DD. “Special election” means an election held specifically to consider rejection of a referred act of the Congress, to consider the initiation of a law brought forward by initiative petition, to consider recall of an elected official, to fill a vacant office, to consider a referendum, or for any other purpose provided by Osage law and not in conflict with the Constitution. “Special election” does not mean a Minerals Council election.
EE. “Signature” means a person’s name written in a distinctive way as a form of identification. This includes a mark, made by a person who cannot write, with his or her name written near it, and witnessed by a person who writes his or her own name as witness.
FF. “Village” means the Grayhorse, Hominy or Pawhuska Indian Villages as defined by the Allotment Act of 1906.
JJ. “Void ballot” means a ballot that shall not be counted as a valid ballot as determined by law. ONCA 17-107, eff. Oct. 4, 2017.