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New York · Through 2026-09-11

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

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Where this section sits in the code
  1. Indian Law
  2. Article 4. The Seneca Indians

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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