Policy Proposals
Legislative Proposal
Citizen Initiative, Referendum, and Constitutional Amendment Procedures
Summary
This proposal is meant to start a community conversation about how Citizen Potawatomi Nation citizens can use the rights already given to them in our Constitution.
Articles 10 and 19 give citizens important rights, including the ability to propose laws by initiative, reject laws by referendum, and propose constitutional amendments by petition.
Those rights already exist. The problem is that our Tribal Code does not clearly explain how citizens are supposed to use them.
For example, there are still practical questions that need clear answers:
- How does someone file a petition?
- What should the petition look like?
- How many signatures are needed?
- How are signatures checked?
- Can signatures be collected electronically?
- Who schedules the election?
- What happens if there is a disagreement?
This proposal is not meant to change the Constitution or create new rights. It is meant to start a discussion about creating clear, fair, and modern procedures for rights that already exist.
It is also not tied to any specific petition, ballot question, or campaign. The goal is to talk about the process before there is a controversy.
Before any formal ordinance is introduced, I want citizens to have a chance to review the idea, ask questions, raise concerns, and suggest improvements.
Why This Matters
Rights are easier to use when people understand the process.
Right now, the Constitution gives citizens certain petition rights, but the Tribal Code does not clearly explain how those rights would work step by step.
That creates uncertainty for everyone involved.
Citizens may not know what to file, how to collect signatures, or what rules they need to follow. The Election Committee may not have clear written procedures for reviewing petitions. The Legislature may face questions about when an election must be called. The Tribal Court may be asked to resolve disputes that could have been avoided with clearer rules.
Without clear procedures, a valid citizen effort could get delayed, challenged, or rejected over questions that should have been answered ahead of time.
Clear procedures help everyone, regardless of their political views. Whether someone supports or opposes a future petition, the process should be known in advance and applied the same way to everyone.
This is about making sure citizen rights are not just written in the Constitution, but are actually usable in a fair and orderly way.
Proposal Objectives
Any future ordinance should be built around a few simple goals.
Make the Process Easy to Understand
Citizens should not need to be lawyers to understand how to use rights reserved to them in the Constitution.
Forms, instructions, deadlines, and requirements should be written clearly.
Create Clear Rules
The ordinance should explain the basic steps:
- how a petition is filed
- how signatures are collected
- how signatures are checked
- when elections are scheduled
- how disputes are handled
Keep the Process Fair
The rules should apply the same way no matter who is bringing the petition or what the petition is about.
The process should focus on whether the petition meets the rules, not whether officials agree with the petition.
Allow Reasonable Modern Options
Many CPN citizens live outside Oklahoma. Because of that, the Nation should consider whether electronic signatures or mailed petitions can be used safely and fairly.
If electronic signatures are allowed, they should include safeguards to verify who signed and protect the integrity of the process.
Reduce Confusion and Disputes
A clear ordinance can help prevent future disagreements by answering procedural questions ahead of time. This reduces delays, legal fights, and uncertainty.
Respect the Constitution
The goal is not to rewrite the Constitution. The goal is to create procedures for rights that are already there. Any ordinance should support Articles 10 and 19, not add unnecessary barriers to them.
Policy Framework
A future ordinance should answer the major practical questions about how citizen petitions would work from beginning to end.
The framework below is a high-level outline, not final legal language.
Filing a Petition
The ordinance should explain how citizens submit a proposed initiative, referendum, or constitutional amendment petition before collecting signatures.
This could include:
- where the petition is filed
- what information must be included
- who serves as the main point of contact
- how the signature requirement is calculated
- and when the filing deadline begins
Official Petition Forms
The ordinance should require official forms so everyone knows what information is needed.
This could include separate forms for:
- initiatives
- referendums
- constitutional amendment petitions
Official forms would help reduce mistakes and make the process easier for citizens and election officials.
Signature Collection
The ordinance should explain how signatures can be collected.
This could include:
- in-person signatures
- mailed petition pages
- electronic signatures if proper safeguards are in place
The rules should also make clear that signatures cannot be bought, coerced, or collected through misleading statements.
Signature Verification
The ordinance should explain how the Election Committee checks signatures.
This could include:
- confirming the signer is an enrolled citizen
- matching the name and roll number
- checking for duplicates
- reviewing missing information
- keeping a written record of accepted and rejected signatures
Fixing Technical Problems
The ordinance should explain whether citizens get a chance to fix technical mistakes.
Some issues may be fixable, such as a missing date, incomplete form, or missing certification.
Other issues should not be fixable, such as fraud, coercion, or signatures from people who are not citizens.
Calling the Election
The ordinance should explain what happens after a petition is certified as valid.
This should include:
- who calls the election
- when the election must happen
- what notice voters receive
- how absentee voting works
- how results are certified
Court Review
The ordinance should explain how disputes are handled.
This could include a clear path for Tribal Court review if there is a disagreement about:
- whether a petition is valid
- whether signatures were counted properly
- whether a ballot summary is fair
- whether the required process was followed
The goal should be to resolve disputes quickly enough that citizen rights are not delayed unnecessarily.
FAQs
Why discuss this now if there is no current petition?
1
Because procedures are easier to discuss before there is a controversy.
Waiting until a petition effort is already underway can create confusion, political conflict, and disagreements over process.
Why are electronic signatures being discussed?
2
Many Citizen Potawatomi Nation citizens live outside Oklahoma and may not have access to in-person signature collection opportunities.
I am seeking feedback on whether secure electronic signature options should be considered, along with safeguards to protect the integrity of the process.
Would electronic signatures make fraud easier?
3
Any electronic signature system would need safeguards. Utah is an example of a state that expressly allows for electronic signature collection for citizen initiative petitions.
Requirements such as the following would need to be considered:
tribal roll number verification
identity information
timestamps
audit records
preservation of signature data for review
Feedback on this topic is especially encouraged.
Would citizens need lawyers to use the process?
4
The goal of the proposal is to make the process understandable and accessible without requiring specialized legal knowledge.
Citizens would always remain free to seek legal advice if they choose.
Could the rules be used to block petitions?
5
The intent of the proposal is the opposite: to create clear rules ahead of time so constitutional rights can be exercised fairly and consistently.