ARTICLE VII - POPULAR PARTICIPATION IN GOVERNMENT
Section 1. The members of the Kaw Nation reserve unto themselves the power
of initiative and referendum.
Section 2. Initiative. Any issue
shall be submitted for an initiative election pursuant to this section upon
receipt of a valid petition signed by at least one hundred twenty-five (125)
eligible voters of the Nation.
The petition shall be filed in the Courts of the Kaw Nation which shall
determine its validity and whether its content fairly describes the subject of
the petition. Once the petition is certified as valid by the Court, an
initiative election shall be called by the Chairman for the purpose of
presenting to the qualified voters such issues requested by the initiative. The
election shall be held within sixty (60) days of the validation of the petition.
The results of the initiative election shall be conclusive and binding on the
Executive Council Provided, That, a majority of the votes cast are in favor
where at least two-thirds (2/3) of the eligible voters shall vote in the
election. No initiative shall serve to abrogate, modify or amend any properly
approved contract or agreement.
Section 3. Referendum. Any enacted or proposed ordinance or
resolution or other action of the Executive Council shall be submitted to a
popular referendum pursuant to this section upon receipt of a valid petition
signed by not less than one hundred twenty-five (125) eligible voters of the
Nation or upon request of a majority of the Executive Council.
The petition shall be filed in the Courts of the Kaw Nation which shall
determine its validity and whether its content fairly describes the subject of
the petition. Once the petition is certified as valid by the Court, a referendum
election shall be called by the Chairman for the purpose of presenting to the
qualified voters such issues requested by the petition. The election shall be
held within sixty (60) days of the validation of the petition. The results of
the referendum vote shall be conclusive and binding on the Executive Council
Provided, That, a majority of the votes cast are in favor where at least two
thirds (2/3) of the eligible voters shall vote in the election. No referendum
shall serve to abrogate, modify or amend any properly approved contract or
agreement.
Section 4. Whenever possible, any initiative or referendum
election shall be held in conjunction with any scheduled regular or special
Executive Council meeting or General Council meeting.
Section 5. No
initiative or referendum which has been submitted to the members and rejected
shall be considered again for at least six (6) months.
