§ 6-102. Election procedures – General.
A. Election Notice. Voting places and times shall be designated by the Board. All elections shall be announced by election notice posted at least forty-five (45) calendar days before the election at the voting places. In addition, an election notice shall be mailed to each qualified voter at his or her last deliverable address. The election notice shall set the time, date, and place or places the election will be held, the qualifications required to vote, information on obtaining absentee ballots, a sample ballot, and clearly set forth all methods by which a voter may obtain assistance in voting. Should circumstances prevent the election from taking place at the designated polling place, an alternative designation shall be made, and the alternative polling site(s) shall be properly announced and posted as soon as it is reasonably practicable by the Osage Nation Election Board.
1. For the purpose of maximizing participation of members in the democratic process, the Election Office shall, in the interim period between elections, use cost-effective media to encourage members to provide accurate mailing addresses in coordination with the CDIB/Membership Department. The costs of such efforts shall be adequately funded by the Osage Nation Congress through the Osage Nation Election Fund.
B. Sample Ballot. An adequate supply of ballots plainly marked “Sample Ballot” shall be distributed and posted in public places in each polling site. Candidates and petitioners shall not mail out pre-marked sample ballots that could be mistaken by voters as absentee ballots or sample ballots issued by the Board.
C. Manner of Voting Generally. Voting shall be by secret ballot. Except as otherwise provided, any qualified voter may vote by appearing at the prescribed voting place, announcing to election officials his or her name and address, signing the ballot sign out sheet, and by marking and placing the ballot in the ballot box or electronic vote counting device. The election officials shall ask for proof of identification before permitting the qualified voter to vote. Any eligible voter who will be unable to vote in person may vote by absentee ballot as prescribed in Section 6-103 of this Title.
D. Write-In Voting. Write-in votes for candidates not properly listed on the ballot shall not be counted.
E. Spoiled Ballots. In the event a voter marks their ballot in error in the process of voting and presents it as such to election officials, the ballot shall be considered spoiled and void. A replacement ballot shall be issued to the voter.
F. Transport of Election Ballots. An officer(s) of the Osage Nation Police Department shall be present whenever voted ballots are transported to verify chain of custody. Poll watchers may be present.
G. Electioneering. No person shall be allowed to electioneer within the boundaries determined to be appropriate by the Board surrounding any polling location while an election is in progress, nor shall any person, except election officials and other persons authorized by law, be allowed to approach the ballot box while an election is in progress or remain within fifty (50) feet of the polling place except while actually voting. No written or printed material other than that provided by the Board shall be publicly placed or exposed on public property within the same boundary defined above surrounding the entrance to any polling location while an election is in progress. Signs shall be installed to clearly indicate the boundaries beyond which electioneering may not occur, and the Osage Nation Police shall be authorized to enforce electioneering provisions of this Code. Any material that may be deemed to be campaign material or electioneering shall be immediately removed from the visibility of the voting area and reported.
H. Voting by Person with Physical Disabilities or Language Barriers. If a voter or a voter with an agent presents himself or herself and states that he or she, because of a physical disability or language barrier, is unable to mark the ballot, assistance shall be provided by at least two election officials. The voter may also be accompanied by a person of his or her choice in casting his or her ballot. Proxy voting is prohibited.
I. Poll Watchers. Candidates for the office of the Principal Chief, Assistant Principal Chief, and each candidate for the Osage Nation Congress may submit the name of one person as their respective designated watcher at each polling place. No candidate for any elected office of the Osage Nation shall be a watcher. Watchers are prohibited from using all electronic devices, conversing with voters and election officials, and divulging any information as to the count prior to the announcement by the Board. A watcher shall not return to the polling place after leaving. Any disruption by watchers will be cause for their removal from the polling place. Poll watchers are to remain only in designated areas. Watchers shall not receive compensation for their services.
J. Voting Violations. A person is guilty of violation of this Code who:
2. Not being entitled to vote, knowingly votes; or
3. Hinders the voting of others; or
4. After having received a ballot as a voter, knowingly fails to cast the ballot or return the ballot to election officials before leaving the polling place or going outside the voting area; or
5. Knowingly adds a ballot to those legally cast at any election by fraudulently introducing the ballot into the ballot box or mixing the ballot with other ballots lawfully cast; or
6. Knowingly detains, destroys, alters, or mutilates a ballot or election returns; or
7. Intentionally disables or removes from the polling place or custody of an election official, a voting machine, ballot box, or voting record; or
8. While at a voting location, refuses to obey a lawful order of an election official; or
9. Fraudulently applies for or uses an absentee ballot.
K. Penalties.
1. Any person violating the provisions of subsection (G) or (J) of this section is guilty of a criminal offense, and upon conviction, shall be subject to the maximum penalties allowed by federal law.
2. Persons not subject to the criminal jurisdiction of the Osage Nation Court shall be subject to immediate exclusion from Osage Nation property.
L. Specific Time Requirements.
1. Times designated as Central Daylight Savings Time may be converted to Central Standard Time for special elections as necessary.
2. Dates designated may be altered in accordance with the Osage Nation Time Calculation Act. ONCA 17-107, eff. Oct. 4, 2017.