ARTICLE XII: INITIATIVE AND REFERENDUM

Section 1. The citizens 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 petition containing valid signatures of Kaw Nation citizens eligible to vote equal in number to at least forty percent (40%) of the number of valid ballots cast in the most recent General Election for Chair.

The petition shall be filed with the Election Board which shall determine its validity and sufficiency and whether its content fairly describes the subject of the initiative within ten (10) calendar days. Once the petition is certified as valid and sufficient by at least three (3) members of the Election Board, an election shall be called by the Chair for the purpose of presenting to the General Council the subject of the initiative. The initiative vote shall be held within sixty (60) days of the validation of the petition. The results of the initiative vote shall be conclusive and binding, provided that a majority of the votes cast are in favor of the initiative and at least two-thirds (2/3) of the eligible voters of the Kaw Nation shall have voted in the election. No initiative shall void, modify, or amend any properly approved contract.

Section 3. Referendum. Any enacted or proposed legislation or other action of the Tribal Council shall be submitted to a referendum vote pursuant to this section upon receipt of a petition containing valid signatures of Kaw Nation citizens eligible to vote equal in number to at least fifty percent (50%) of the number of valid ballots cast in the most recent General Election for Chair or upon written request of a majority of the Tribal Council.

The petition shall be filed with the Election Board which shall determine its validity and sufficiency and whether its content fairly describes the subject of the referendum within ten (10) calendar days. Once the petition is certified as valid and sufficient by at least three (3) members of the Election Board, an election shall be called by the Chair for the purpose of presenting to the General Council the subject of the referendum. The referendum vote shall be held within sixty (60) days of the validation of the petition. The results of the referendum vote shall be conclusive and binding, provided that a majority of the votes cast are in favor of the referendum and at least two-thirds (2/3) of the eligible voters of the Kaw Nation shall have voted in the election. No referendum shall void, modify, or amend any properly approved contract. 

Section 4. Whenever reasonable, any initiative or referendum vote should be held in conjunction with any general or special election.

Section 5. No initiative or referendum that has been submitted to the citizens of the Kaw Nation and rejected shall be considered again until the next regularly scheduled General Election.