§50.14. What information about the ratification referendum must be included in the request?
43 C.F.R. § 50.14
The written narrative thoroughly describing the ratification referendum must include the following information:
A certification of the results of the ratification referendum including—
The date or dates of the ratification referendum;
The number of Native Hawaiians, regardless of whether they were HHCA Native Hawaiians, who cast a vote in favor of the governing document;
The total number of Native Hawaiians, regardless of whether they were HHCA Native Hawaiians, who cast a ballot in the ratification referendum;
The number of HHCA Native Hawaiians who cast a vote in favor of the governing document; and
The total number of HHCA Native Hawaiians who cast a ballot in the ratification referendum.
A description of how the Native Hawaiian community conducted the ratification referendum that demonstrates:
How and when the Native Hawaiian community made the full text of the proposed governing document (and a brief impartial description of that document) available to Native Hawaiians prior to the ratification referendum, through the Internet, the news media, and other means of communication;
How and when the Native Hawaiian community notified Native Hawaiians about how and when it would conduct the ratification referendum;
How the Native Hawaiian community accorded Native Hawaiians a reasonable opportunity to vote in the ratification referendum;
How the Native Hawaiian community prevented voters from casting more than one ballot in the ratification referendum; and
How the Native Hawaiian community ensured that the ratification referendum—
Was free and fair;
Was held by secret ballot or equivalent voting procedures;
Was open to all persons who were verified as satisfying the definition of a Native Hawaiian (consistent with § 50.12) and were 18 years of age or older, regardless of residency;
Did not include in the vote tallies votes cast by persons who were not Native Hawaiians; and
Did not include in the vote tallies for HHCA Native Hawaiians votes cast by persons who were not HHCA Native Hawaiians.
A description of how the Native Hawaiian community verified whether a potential voter in the ratification referendum was a Native Hawaiian and whether that potential voter was also an HHCA Native Hawaiian, consistent with § 50.12.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9; 25 U.S.C. 479a, 479a-1 (2015) (reclassified to 25 U.S.C. 5130, 5131 (2016)); 43 U.S.C. 1457; Pub. L. 67-34, 42 Stat. 108, as amended; Pub. L. 86-3, 73 Stat. 4; Pub. L. 103-150, 107 Stat. 1510; sec. 148, Pub. L. 108-199, 118 Stat. 445; 112 Departmental Manual 28.
Source
Source: 81 FR 71318, Oct. 14, 2016, unless otherwise noted.