N.Y. Indian Law Section 42
Time and place of annual election

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.

Source: Section 42 — Time and place of annual election, https://www.­nysenate.­gov/legislation/laws/IND/42 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 42’s source at nysenate​.gov

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