Special Election Proposals

The following proposals will be on the ballot for the 2018 Special Election. The first five are changes to the RAP Referendum, and the sixth is a change to the constitution. Please read more about them below and cast your ballot this January 13.

Proposal 1 to Amend the Gaming Revenue Allocation Plan

Gaming Operation
Under the Pokagon Band’s Gaming Revenue Allocation Plan (RAP), net gaming revenue from the Band’s gaming operation is, after certain payments, distributed to the Band’s tribal government account, the economic development account, and the per capita payment account. The term “gaming operation” is defined in the RAP as “…all gaming operations…within the exterior boundaries of the State of Michigan…”

Proposal 1 to amend the RAP would:

Amend the definition of the term “gaming operation” to include all of the Band’s gaming operations within the State of Indiana, and provide for net gaming revenue from any gaming operation of the Band within the State of Indiana to, after certain payments, be distributed to the Band’s tribal government account, the economic development account, and the per capita payment account.

Proposal 2 to Amend the Gaming Revenue Allocation Plan

Reporting
Under Section 19 of the Band’s Gaming RAP, the Tribal Council is required to report to Band citizens on an annual basis regarding Band casino revenue and revenue distributions.

Proposal 2 to amend the RAP would:

Amend Section 19 of the RAP to require that the Tribal Council report on casino revenue and revenue distributions on a quarterly basis.

Proposal 3 to Amend the Gaming Revenue Allocation Plan

Per Capita Savings Plan

Proposal 3 to amend the Gaming Revenue Allocation Plan would:

  1. Add a new Section 12 to the RAP that will permit a Band citizen who desires to participate in a deferred per capita savings plan to voluntarily defer receipt of part or all of his or her per capita payment each month until a set future date. All such deferred per capita payments will be held and invested until distributed to the Band citizen at a future date.
  2. All subsequent Sections of the RAP after the new Section 12 will be renumbered to reflect the addition of the new Section 12.

Proposal 4 to amend the Gaming Revenue Allocation Plan

Economic Development Account
Under the Band’s Gaming RAP, net gaming revenue from the Band’s gaming operation is, after certain payments, distributed to the Band’s tribal government account, the economic development account, and the per capita payment account. Subsection 3.C.2 of the RAP identifies the purposes for which the funds within the economic development account may be used.

Proposal 4 to amend the RAP would:

  1. Amend Subsection 3.C.2 of the RAP by identifying specific purposes for which the funds within the economic development account may not be used, including:
  • purchasing, constructing, or improving buildings on Band land that is classified as a Land Preserve or as Non-Commercial, and
  • purchasing or improving lands to be used as or classified as a Land Preserve or as Non-Commercial. 

Proposal 5 to Amend the Gaming Revenue Allocation Plan

Account Percentages
Under the Band’s Gaming RAP, net gaming revenue from the Band’s gaming operation is, after certain payments, distributed to the following three accounts in the following percentages:  government operations account (38%), economic development account (5%), and per capita payment account (57%).  

Proposal 5 to amend the RAP would change the percentages of net gaming revenues distributed to:

  1. The government operations account to decrease from 38% to 30%, and
  2. The per capita payment account to increase from 57% to 65%.

Proposal to Amend the Constitution

Under the Constitution, to be eligible for citizenship with the Pokagon Band, a person who is eligible for citizenship must complete the enrollment process prior to age 21. An exception to this rule allows any person who was legally adopted by a non-Pokagon family to complete the enrollment process after turning age 21. 

The proposed amendment to the Constitution would:

  1. Amend the exception by requiring a person to have been: (a) legally adopted by anyone, rather than a non-Pokagon family only; and (b) unaware, prior to turning age 21, that he or she was eligible for citizenship.
  2. Create an additional exception that would permit the biological children of a person who was legally adopted to complete the enrollment process after turning age 21, if the child was unaware, prior to turning age 21, that he or she was eligible for citizenship; and
  3. Add a limitation to the above exceptions that a person shall be deemed to have knowledge of his or her eligibility for citizenship, if he or she knew that his or her biological parent or grandparent is or was a citizen.