ARTICLE III. CITIZENSHIP
Section 1. CITIZENSHIP CRITERIA
The citizens of the Tribe shall consist of those individuals duly enrolled pursuant to this Constitution and the Tribe’s Citizenship Ordinance. Individuals eligible for tribal citizenship are:
a) All persons with a minimum of 1/8 degree Wiyot Indian blood whose names appear on the base roll of the Wiyot Tribe, that is, on the official citizenship roll as of December 31, 1990, provided they are not enrolled in another tribe, reservation, band, or rancheria; and;
b) All persons with a minimum of 1/8 degree Wiyot Indian blood whose names appear on the list of Original Assignees/Inhabitants of the Table Bluff Reservation as approved by the Tribal Council on August 16, 1989, provided they are not enrolled in another tribe, reservation, band, or rancheria.
c) All lineal descendants of persons meeting the criteria set forth in subparagraphs 1 or 2, above, provided they are not enrolled in another tribe, reservation, band or rancheria, and;
d) All other persons with a minimum of 1/8 degree Wiyot Indian blood, provided they are not enrolled in another tribe, reservation, band, or rancheria, and
Section 2. DUAL CITIZENSHIP PROHIBITION
Notwithstanding any other provisions of this Constitution, no person shall be eligible to be a citizen of the Wiyot Tribe if that person is enrolled in another federally recognized Indian tribe. Any person who, at the time of applying for citizenship in the Tribe, or at any time thereafter, is a citizen or member of another federally recognized tribe shall be subject to disenrollment and the forfeiture of all rights and benefits to which they are entitled by virtue of their citizenship; provided however, that if a parent or guardian of a minor has enrolled the minor in another federally recognized Indian tribe, the minor, after reaching the age of majority, may apply for citizenship in the Wiyot Tribe and, if otherwise eligible, may enroll upon verification of relinquishment of membership in the other tribe.
Section 3. REGULATION OF CITIZENSHIP
The Tribal Council shall establish a Citizenship Committee which shall administer and regulate tribal citizenship, consistent with a Citizenship Ordinance which shall be subject to ratification by the General Council. The Citizenship Ordinance shall provide for, among other related provisions, operation of the Citizenship Committee, documentation necessary to prove eligibility for citizenship, procedures for loss of citizenship, and maintenance of the tribal roll. The Citizenship Ordinance shall also provide for general confidentiality of citizenship records while also specifying when enrollment or citizenship information may be available to the public, including, but not limited to name and roll number of Tribal Citizens. The Citizenship Ordinance shall establish standards of proof applicable to citizenship determinations. Such standards shall include a requirement for blood testing, at the applicant’s expense, when an applicant asserts eligibility as a descendant of a male citizen of the Tribe who was not married to the biological mother of the applicant at the time of the applicant’s birth.
Section 4. RELINQUISHMENT OF CITIZENSHIP
Any person who wishes to relinquish citizenship in the Tribe must submit such relinquishment in writing to the Tribal Council Chairperson, who shall direct the Citizenship Committee to adjust its records accordingly. Except as set forth in Section 2, above, any Tribal Citizen who voluntarily relinquishes citizenship shall not again be eligible to enroll as a Citizen of the Tribe; provided that, relinquishment of Citizenship on behalf of a child shall not be effective unless the child is enrolled in another Indian tribe.
Section 5. RESIDENCY
Citizens may reside on or off of tribal lands.
Section 6. CITIZENSHIP PROCEDURES
The Tribe’s Citizenship Ordinance shall establish detailed rules governing policies procedures for citizenship or termination as a Tribal Citizen and the respective roles of the Tribal Council, General Council, and Citizenship Committee on tribal citizenship and citizenship matters in accordance with this Constitution. Such Ordinance and any modifications thereto, shall be presented to the General Council for ratification by a simple majority vote.
Section 7. TERMINATION OF CITIZENSHIP
Termination of Citizenship is the gravest of penalties and shall not be invoked except when absolutely required. Citizenship, once granted may only be terminated as follows:
a) Enrollment as a citizen that is the result of fraud, mistake or through the submission of material information which the citizen in question knew or had reason to know was inaccurate or misleading, but only if such fraud, mistake or misinformation is discovered within seven (7) years of the date of enrollment of the Tribal Citizen in question. Once seven (7) years have elapsed, neither the Citizen nor any of their lineal descendants may be disenrolled under this provision except however, where the Tribal Citizen in question is found to be in violation of the prohibition against dual enrollment or has committed treason pursuant to this Constitution. Termination of citizenship under this provision is under the jurisdiction of the Citizenship Committee, subject to review by the Tribal Court, if there is no Tribal Court, then subject to review by the Tribal Council acting as the Tribal Court. The decision of the Tribal Court may only be reversed by a two-thirds (2/3) vote of the General Council at a duly noticed General Council meeting where a quorum is present.
b) Treason or an act or behavior that gravely violates the standards or customs of the Tribe or which directly attacks the sovereignty of the Tribe and which may cause or has caused serious damage to the Tribe. If a person loses their citizenship pursuant to this provision, it shall not affect the citizenship or enrollment rights of any other individuals. Only the General Council may terminate citizenship under this provision by a two-thirds majority vote at a duly noticed General Council meeting where a quorum is present. The tribal citizen(s), that is the subject of the termination, shall be accorded due process pursuant to the Tribe’s Citizenship Ordinance.
Section 8. VOTING RIGHTS
Tribal Citizens who are eighteen (18) years or older are eligible to vote in elections of the Tribe.
Section 9. PROXY VOTE
Proxy voting (the authority to act for another) is not permitted in elections of the Tribe.
Section 10. REVIEW OF TRIBAL CITIZENSHIP DECISIONS
Decisions or determinations of citizenship by the Tribe are final and shall not be subject to review by or appeal to the Secretary of the Interior, Bureau of Indian Affairs, or any foreign court or governing body.
Section 11. ABSENTEE BALLOT VOTE
a) Absentee ballots may be requested.
b) Absentee ballots must be requested 14 (fourteen) days before the election, and must be returned by the close of the polls on Election Day or to the designated P.O. Box by 2:30 p.m. on the day of the election.
c) Absentee Ballots may be requested for a specific election or may be requested as a Permanent Absentee Ballot.