referendum & initiative

PURPOSE

Define the process by which citizens directly initiate and/or approve laws and policies

EXAMPLES

Confederated Tribes of Siletz Indians of Oregon (1994)

SECTION 1. INITIATIVE. Upon receipt and verification by the Election Board of a petition of at least one-third of the General Council of the Confederated Tribes of Siletz Indians of Oregon, a proposed ordinance or resolution made by the people shall be submitted to a vote of the General Council at a regular or special election to be held within sixty days of verification of the petition by the Election Board. The vote of a majority of those actually voting shall be conclusive and binding upon the Tribal Council.

SECTION 2. REFERENDUM. Upon receipt and verification by the Election Board of a petition of at least one-third of the General Council of the Confederated Tribes of Siletz Indians of Oregon or upon the request of two-thirds of the total membership of the Tribal Council, any proposed or previously enacted ordinance or resolution of the Tribal Council shall be submitted to a vote of the General Council at a regular or special election to be held within sixty days of verification of the petition by the Election Board or vote of the Tribal Council. The vote of a majority of those actually voting shall be conclusive and binding upon the Tribal Council.

Skokomish Indian Tribe (1980)

Section 1. Right of Initiative. Voters of the Skokomish tribe shall have the right to cause a vote of the General Council on any legislation proposed by the voters and on any proposed or enacted ordinance or resolution of the Tribal Council. No later than thirty (30) days after he or she receives a petition signed by at least one-third (1/3) of the eligible voters, the President of the General Council shall call an election according to the procedures for calling special General Council meetings.

Section 2. Initiative Procedure. Voting on all initiatives shall be by secret, written ballot. No initiative vote shall be valid unless the number of persons casting ballots is equal at least to sixty percent (60%) of the number of persons who cast ballots in the most recent annual tribal election. Unless at least two-thirds (2/3) of all persons who cast ballots vote in favor of the proposed measure or action, the initiative proposal shall be deemed to have failed.

Warm Springs Tribe (1992)

Whenever a matter of great importance comes before the Tribal Council, the councilmen shall, by resolution duly passed, submit the matter to the vote of the people. If they do not so agree to submit the question, any two members of the council, or one-fifth of the members of the Confederated Tribes, may within 30 days after the vote of the Council, call such a popular referendum, but no councilman shall call more than two referendum elections during any calendar year. When a referendum election has been called, the question to be voted on shall be posted at the voting places for at least ten days prior to election. The notice shall contain the ordinance or resolution to be voted on with the accompanying words: "Shall the ordinance (or resolution) be approved. Yes. ( ). No. ( )." The will of the majority of those voting shall be the law, provided at least one-third of the eligible voters actually vote.

KEY CONCEPTS

Establish clear procedures for both processes

POINTS TO CONSIDER

• Number of referendum elections per year

• Percentage of members needed to sign petition

• Percentage of citizens required for adoption