§ 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.