Custom Election Code Survey

Thank you for taking this very important survey for the Oneida Custom Election Code. Having a Custom Election Code in place moves Oneida one step closer to self-governance. That means that decision making remains in the community – not with the Canadian government. It will provide for the greatest flexibility and autonomy, unlike the Indian Act. Ultimately, it removes Indigenous Services Canada from any involvement with community election progress except for recording election results.

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* 1. Who should determine Disputes with Respect to Elections?

Elections Appeal Tribunal Made Up of Community Representatives

Federal Courts

Electoral Officer

Arbitrator chosen by the Chief and Council

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* 2. If you Answered a) to Question #1 above: who Should make Up an Elections Appeal Tribunal?

1 Elder, 1 Youth (age 15-25), and 3 community members

2 Elders, 1 Youth (age 15-25), and 2 community members

Other:

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* 3. Should full-time be a working Chief and Council Requirement?

Yes

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* 4. Tenure of Chief and Council Office

2 years

3 years

4 years

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* 5. Nominated and Run for Chief AND Council

Shall be prohibited and candidate must make intention to run for either Chief or Council known, otherwise will not appear on ballot

Shall be permitted to run for both and choose office once elected

Shall be permitted to run for both but if elected for Chief, must hold Chief office

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* 6. Should Council be permitted to serve consecutive terms? If so, how many?

No, Council should not be permitted to serve executive terms

Yes, 2

Yes, 3

Yes, unlimited

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* 7. Criminal Reference or Vulnerable Sector Check

None

Criminal Reference

Vulnerable Sector

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* 8. Serious Convictions: Criminal Background Disqualifiers

Convictions of Serious Offence such as Murder, rape, a sexual offence, drug trafficking, selling alcohol without a liquor license, DUIs, mischief, assault, fraud, and theft shall not be eligible to hold office for a period of up to 10 years.

Other (please specify)

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* 9. Criminal Background Disqualifiers/Allowances

None

Any potential candidate have a “clear criminal record,” meaning in this case absolutely no convictions

Any potential candidate have a “clear criminal record,” meaning in this case no convictions in the five years before election day

Any potential candidate have a “clear criminal record,” meaning in this case no convictions in the ten years before election day

A candidate with a criminal conviction is eligible to run for office if the offence has been pardoned (including pardons received through a traditional justice process)

Other:

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* 10. Nominees must be present at Candidate’s Night in order to be considered for an elected position

Yes

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* 11. In the Event of a Tie, the Electoral Officer will Determine the Successor by:

Coin Toss

Tie be broken either in favour of a candidate who held office in the preceding election term. If no returning Candidate, then successor is to be decided by coin toss.

Tie be broken either in favour of a candidate who did not hold office in the preceding election term. If no returning Candidate, then successor is to be decided by coin toss.

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* 12. Number of Councillors

One Chief- 5 Councillors

One Chief- 7 Councillors

One Chief- 9 Councillors

Other:

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* 13. Minimum Education and Cultural Requirements (check all that apply)

Must have completed high school

Must have a post secondary degree

None

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* 14. Council Salary

30,000-50,000

50,000-70,000

70,000-90,000

90,000-110,000

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* 15. Should a candidate who owes money to Oneida Nation be eligible for office of Chief or Councillor?

Yes

Custom Election Code Survey