43 C.F.R. § 50.14

Current through September 30, 2024
Section 50.14 - What information about the ratification referendum must be included in the request?

The written narrative thoroughly describing the ratification referendum must include the following information:

(a) A certification of the results of the ratification referendum including:
(1) The date or dates of the ratification referendum;
(2) The number of Native Hawaiians, regardless of whether they were HHCA Native Hawaiians, who cast a vote in favor of the governing document;
(3) The total number of Native Hawaiians, regardless of whether they were HHCA Native Hawaiians, who cast a ballot in the ratification referendum;
(4) The number of HHCA Native Hawaiians who cast a vote in favor of the governing document; and
(5) The total number of HHCA Native Hawaiians who cast a ballot in the ratification referendum.
(b) A description of how the Native Hawaiian community conducted the ratification referendum that demonstrates:
(1) 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;
(2) How and when the Native Hawaiian community notified Native Hawaiians about how and when it would conduct the ratification referendum;
(3) How the Native Hawaiian community accorded Native Hawaiians a reasonable opportunity to vote in the ratification referendum;
(4) How the Native Hawaiian community prevented voters from casting more than one ballot in the ratification referendum; and
(5) How the Native Hawaiian community ensured that the ratification referendum:
(i) Was free and fair;
(ii) Was held by secret ballot or equivalent voting procedures;
(iii) 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;
(iv) Did not include in the vote tallies votes cast by persons who were not Native Hawaiians; and
(v) Did not include in the vote tallies for HHCA Native Hawaiians votes cast by persons who were not HHCA Native Hawaiians.
(c) 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 .

43 C.F.R. §50.14

81 FR 71318, 11/14/2016