§ 2-101. Osage Nation Election Board.
A. Establishment. Pursuant to the Constitution, Article XIII, Section 3, the Osage Nation Election Board (the “Board”) is hereby established.
B. Composition. The Board shall be composed of three members and two alternates, appointed by the Principal Chief with the advice and consent of the Congress. The Board shall consist of members of the Osage Nation. No elected official of the Osage Nation or any employee of the Osage Nation or its business subsidiaries shall serve on the Board.
C. Terms. Terms shall be established pursuant to the Business, Commission, and Advisory Boards Act.
D. Vacancies. In the event a Board member position is vacated, the remaining Board member or members shall select the replacement from the available alternates within three business days if an election is scheduled less than ninety (90) calendar days from the date the position was vacated, or within ten (10) business days if an election is not scheduled less than ninety (90) calendar days from the date the position is vacated. The alternate may then serve as a Board member for the balance of the term.
E. Officers. The Board shall elect from its own membership a Chairperson and Vice-Chairperson.
F. Recusal.
1. Upon the filing of a candidate who:
a. Is a member of the immediate family of the Board; or
the Board member associated with the candidate shall recuse himself or herself from service on the Board for that election, and an alternate shall serve according to the provisions of this law.
2. Upon the certification of the election results in the election in which the Board member has recused himself or herself, the Board member and alternate may assume the positions previously held. Upon reinstatement, the Board member shall recuse from all subsequent votes relating to the election which led to their recusal. Recusal under the provisions of this section does not constitute a vacancy.
G. Authority and Responsibility. The Board shall be responsible for administering all elections of the Osage Nation, unless otherwise provided by Osage law, and have the authority and responsibility to:
1. Maintain rules and regulations, with Osage Nation Congress approval, not inconsistent with this Code, concerning any matter within its jurisdiction.
a. Exception: The promulgation of rules and regulations governing the election of the Osage Minerals Council.
b. After approval by the Congress, such rules and regulations shall have the force and effect of law of the Osage Nation.
c. The Board shall not implement any changes to such rules and regulations less than ninety (90) calendar days before an election.
2. Review the qualifications and disqualify any candidate who does not meet the qualifications established for that office by the Osage Constitution or Osage law.
3. Maintain the Osage Voter Registry for conducting all elections other than village and Minerals Council elections, and other uses allowed by law.
4. Ensure that election officials are hired and provided with proper instructions and training for performing their duties.
5. Prepare, or cause to be prepared, the official ballot or ballots and be responsible for their safekeeping.
6. Enforce this Election Code and rules and regulations promulgated pursuant thereto.
7. Call a special election when, upon receipt of certified petitions, such petitions have been approved pursuant to Osage law and the Constitution.
8. Establish the Osage Nation Election Office “Office” as an entity of the Osage Nation within the Executive Branch of government. The Office reports directly to the Board.
9. Allow for the Office to be closed the business day following election day. This day shall not be counted in the number of business days included in the recount and challenge deadlines.
10. Obtain the services of an Election Supervisor and Assistant Election Supervisor for the Osage Nation Election Office.
11. Maintain Osage Nation election policies and procedures to administrate Osage Nation elections consistent with this law.
12. Review and approve the titles, design and language of ballots.
13. Retrieve and store election records.
14. Have at least one Board member present at all times on any election day.
15. Administer and enforce campaign activity restrictions and campaign reporting requirements set out in Osage law.
16. Enforce all provisions of this Act under the authorizations and powers conveyed herein in a manner that avoids even the appearance of impropriety.
17. The Board shall not be required to participate in inauguration ceremonies.
18. Implement cost-effective measures to ensure maximum voter participation. ONCA 17-107, eff. Oct. 4, 2017.