Minnesota Chippewa Election Ordinance #9
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CHAPTER I: CANDIDATES AND VOTING
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In the event only two candidates are certified for an office, there will be no Primary Election for that position. If more than two persons are certified under this Ordinance as candidates for any one office in either a Regular or Special Election, there must be a Primary Election (“Primary”) prior to the Regular or Special Election. The General Reservation Election Board will certify the two candidates with the most votes in the Primary for the office at issue as the only candidates in the Regular or Special Election. The candidate with the most votes in the Regular or Special Election will be the winning candidate and will be entitled to assume the duties of office.
The purpose of Primaries will be to determine two candidates for the Regular or Special Election, unless a candidate receives a majority of the votes cast, 50 percent plus one, for that position in the Primary Election in which case that candidate will be the winning candidate. If two candidates tie with the greatest number of votes in a Primary Election, they will advance as the only two candidates in the Regular or Special Election. If two candidates tie with the second greatest number of votes in a Primary, the General Reservation Election Board will conduct a Recount within 24 hours. If the Recount results in a tie, the candidate advancing to the General or Special election (as contestant with the candidate receiving the highest number of votes) will be determined by lot. The General Reservation Election Board will draw the lots within twenty four (24) hours after the Recount in a forum accessible to Reservation voters.
A. Regular Elections.
The Tribal Executive Committee will set the second Tuesday in June of even numbered years for Regular Elections.
The Tribal Executive Committee will set the tenth Tuesday prior to the Regular Election date as the date for Primary Elections, if a Primary is required under this Ordinance.
One-hundred and thirty-four (134) days prior to the date of Regular Elections the Tribal Executive Committee will prepare the Election Announcement of each Regular Election and its associated Primary. Each Band governing body* will post the Announcements at locations designated by such Council on its respective Reservation on the day of, or following, receipt of the Announcement.
*“Band governing body” means a Reservation Business Committee, Reservation Tribal Council, or other entity recognized by the Tribal Executive Committee as the lawful governing body of a constituent Band of the Minnesota Chippewa Tribe. B. Special Elections.
1. If a vacancy due to death, removal, or resignation occurs on the Band governing body more than 365 days before the next Regular Election, the Band governing body must call a Special Election to fill such vacancy. The Special Election will be held within one-hundred and thirty-four (134) days after the date the vacancy occurs. A Primary Election, if required under this Ordinance, will be held at least sixty (60) days before the date of the Special Election.
2. If a vacancy due to death, removal, or resignation occurs on the Band governing body less than 365 days, but more than 180 days, before the next Regular Election, the Band governing body may call a Special Election, or appoint a person to fill the vacancy and serve until the next Regular Election is held and the successful candidate is seated. If a Special Election is called, it will be held within one-hundred and thirty-four (134) days after the date the vacancy occurs. A Primary Election, if required under this Ordinance, will be held at least sixty (60) days before the date of the Special Election.
3. If a vacancy due to death, removal, or resignation occurs on the Band governing body less than 180 days before the next Regular Election, the Band governing body may call a Special Election, appoint a person to fill the vacancy, or leave the vacancy unfilled for the remainder of the term. If a Special Election is held, the Tribal Council within ten (10) days after the occurrence of the relevant vacancy, will prepare an Election Announcement of the Special Election and its associated Primary Election, and will post such Announcement at locations designated by it on its Reservation. C. “Run-Off” Elections
In case of a tie vote in a Regular or Special Election the General Reservation Election Board will perform a Recount within 24 hours. If the Recount results in a tie, a “Run-Off” Election will be held within sixty (60) days following the deadline for determining contests and appeals of such elections. Section 3. Candidates for Office. A. Eligibility.
A candidate for office must: (1) be an enrolled member of the Tribe; (2) be enrolled with the Reservation of his/her candidacy; and (3) reside on the Reservation of his/her candidacy and enrollment. A candidate for Committee person to represent a district established pursuant to Chapter I, Section 4.1, below, must reside in the district of his/her candidacy and enrollment. Each requirement must be met for at least the twelve-month period immediately preceding the date established for the Primary Election. No member of the Tribe will be eligible to hold office, either as a Committeeperson or Officer, unless he or she will reach his/her twenty-first (21st) birthday on or before the date of the election. A candidate may file for only one (1) position. B. Reservation Definition.
A Reservation is defined as all lands within the exterior boundaries of the reservation. A Band governing body, by formal action, may define “reservation” to include specified lands outside the boundaries of the reservation, as may be defined by treaty, statute, executive order, or other document considered sufficient authority by the Band governing body, including all lands considered Indian Country under the governmental authority of that Reservation. C. Filing of Notice of Candidacy.
For Regular Elections, eligible candidates must file their notice of candidacy for Chairperson, or Secretary/Treasurer, or Committeeperson, with the Secretary/Treasurer of the Band governing body or his/her designee beginning on the tenth day after the Tribal Executive Committee prepares the election announcement and post it at least one hundred (100) days before the election.
For Special Elections, eligible candidates must file their notice of candidacy for such offices beginning one (1) day after the Band governing body prepares the Election Announcement, and post it at least one hundred (100) days before the election. The Notice of Candidacy must be in writing, have the original signature of the candidate, and be filed by the candidate in person. A filing fee will accompany each notice of candidacy. The amount of the fee will be Five Dollars ($5.00) for Officers (Chairperson, Secretary/Treasurer) and Two Dollars and Fifty Cents ($2.50) for Committeeperson. Each Band governing body will certify eligible candidates for office in accordance with the Minnesota Chippewa Tribe Constitution, the Minnesota Chippewa Tribe Election Ordinance and the dates and guidelines established for Minnesota Chippewa Tribe elections. Within seventy-two (72) hours after the filing deadline the Band governing body must notify the Tribal Executive Committee of the eligible candidates and the position for which they have filed. Certification decisions are within the exclusive jurisdiction of the Band governing body, and are final and unappealable to the TEC.
If a member serving in any position on an existing Band governing body, and whose term does not end with the current election, desires to file for a different office on that Committee, he/she may do so. However, at least twenty (20) days prior to the last day that the Election Announcement may be posted pursuant to Section 5 of this Chapter, such member will file with the Band governing body or its designee and serve upon each of its other members a notice of resignation from that member’s current position. Said resignation shall be irrevocable upon certification of the tribal member who has resigned as a candidate, and will be effective upon the successful candidate’s assumption of authority of the position for which such member has filed.
In the event another incumbent member desires to file for the office for which a notice of resignation has been filed and served, he/she must file and serve a notice of resignation as least three (3) days prior to the date that the Election Announcement is prepared.
Each office for which a notice of resignation has been filed and served in accordance with this section will be included in the Election Announcement, and a Special Election for those positions will be held contemporaneously with the Regular Election.
D. Write-In Candidates.
No write-in candidate will be recognized. Section 4. Districts and Polling Places.
1. Each Band governing body by formal action may divide its reservation area into districts for the purpose of electing members to the positions of Committeeperson on the Band governing body.
2. Each Band governing body by formal action will designate polling places for its respective reservation and, on the day when the Tribal Executive Committee is notified of eligible candidates under Chapter 1, Section 3.C., will notify the Tribal Executive Committee of the districts and designated polling places, and the time for the opening and closing of the polls.
3. Each Band governing body will have the option, by formal action, to establish voting precincts in those off-reservation areas where it deems it has sufficient eligible voters to warrant such a voting polling place.
4. Each Band governing body is authorized to establish alternative polling places in the event of an emergency unavailability of the polling places established under Chapter I, Section 4.1. Notice shall be provided of such emergency relocation. Section 5. Election Notice. A. Regular Elections without an Associated Primary.
At least sixty-four (64) days before the day of the Regular Elections the Tribal Executive Committee will prepare for each Band governing body a Notice of Regular Election. This notice will contain: the date of the Regular Election; a list of duly certified candidates for positions on the Band governing body; the designated polling places; the time for opening and closing of polling places; and the voting requirements. Each Band governing body will post the Notice on the day following distribution of the Notice at locations designated by the Band governing body on its respective Reservation. B. Regular Elections with an Associated Primary.
At least thirty (30) days before the day of the Primary Elections, but not before the Band governing body certifies the candidates, the Tribal Executive Committee will prepare for each Band governing body a Notice of Primary Election. This notice will contain: the date of the Primary Election; a list of duly certified candidates for positions on the Band governing body; the designated polling places; the time for opening and closing of polling places; and the voting requirements. Each Band governing body will post the Notice on the day following distribution of the Notice at locations designated by the Band governing body on its respective Reservation. At least thirty (30) days before the Regular Election, but not before the expiration of the contest period in the associated Primary Election, the Tribal Executive Committee will prepare for each Band governing body a Notice of Regular Election. This notice will contain: the date of the Regular Election; a list of the candidates for positions on the Band governing body resulting from the associated Primary Election; the designated polling places; the time for opening and closing of the polling places; and the voting requirements. C. Special Elections.
Within five (5) days after the deadline for filing notice of candidacy, the Band governing body calling the Special Election will prepare and post a Notice of Special Election, giving the dates of the Special Election and any associated Primary Election; a list of the duly certified candidates for vacant positions on the Band governing body; the designated polling places; the time for opening and closing of the polling places; and the voting requirements. The Band governing body will post the Notice at locations designated by the Band governing body on its reservation. Within five (5) days after the deadline for the decision on the contest of the Primary Election associated with a Special Election, the Band governing body will prepare and post another Special Election Notice containing: the date of the Special Election; a list of the candidates for positions on the Band governing body resulting from the associated Primary Election; the designated polling places; the time for opening and closing of the polling places; and, the voting requirements. Section 6. Voter Eligibility. A. Judging Qualifications.
Each Band governing body will be the sole judge of the constitutional qualifications of its voters and may delegate this responsibility to its General Reservation Election Board. B. Eligibility to Vote: Generally.
Eligible voters are enrolled members of the Tribe, 18 years of age or over. All eligible voters will be entitled to vote by secret ballot on Election Day. To be eligible to cast a ballot a voter must meet all constitutional requirements. In addition, to be eligible to cast a vote for Committeeperson, a voter must have resided within that district for at least thirty (30) days immediately preceding the election, unless the voter casts an absentee ballot as permitted by this Ordinance. C. Eligibility to Vote: Absentee.
Whenever, due to absence from the reservation, illness or physical disability, an eligible voter is not able to vote at the polls and notifies the General Election Board consistent with this Ordinance, he/she will be entitled to vote by absentee ballot in the manner and under the procedures as provided by Chapter II, Section 2.B. of this Ordinance. To cast an absentee ballot for Committeeperson, an eligible voter must have resided within that district for a period of at least thirty (30) days as his/her last reservation residence. In the event an eligible voter has never resided on the reservation of his/her enrollment, he/she must declare in his/her affidavit which district has been selected in which to cast the ballot for Committeeperson. A voter may not thereafter change his/her district for absentee voting purposes without actually residing within a different district on his/her reservation of enrollment for thirty (30) consecutive days. Section 7. Reservation Election Boards and Election Contest Judges. A. General Reservation Election Board.
Within twenty eight (28) days following the posting of the Election Announcement for either a Regular Election or Special Election, the Band governing body will appoint at least four (4) eligible voters of the reservation as the General Reservation Election Board. One member of the Board will be appointed the Chair. The appointments will be made either directly by the Band governing body, or through another process established by the Band governing body. Each appointee to the Board must have a thorough understanding of this Ordinance. The General Reservation Election Board will also be the District Election Board where reservations have only one voting precinct. The General Reservation Election Board will be responsible for the overall conduct of the election. In addition, it will perform, in a nonpartisan fashion, all duties assigned to it by this Ordinance, including the processing and counting of absentee ballots, the certification of election results, the posting of election results, the safekeeping of election materials, and the consideration of recount requests. B. District Election Board.
1. Within twenty eight (28) days following the posting of the Election Announcement for either a Regular Election or Special Election, the Band governing body will appoint a District Election Board of at least three eligible voters from each voting district, and at least one alternate from that district. The appointments will be made either directly by the Band governing body, or through another process established by the Band governing body. One member of the District Election Board will be designated as the Chair, one as Clerk, and one as Teller. The Band governing body may also appoint one or more additional eligible voters from the reservation to serve as alternates in case any of the original appointees become unable or unwilling to serve. Each appointee as a board member or alternate must have training in this Ordinance. The Tribe will provide training in the application of this Ordinance to the Boards.
2. It will be the duty of the District Election Board to maintain orderly conduct within the surroundings of the polling places and prohibit any person from electioneering in a public place within 200 feet of the voting building. C. Vacancy on Election Boards.
Vacancies will be filled by appointed alternates to the Board. D. Reservation Election Contest Judge.
Within twenty eight (28) days following the posting of the Election Announcement for either a Regular Election or Special Election, the Band governing body will appoint an Election Contest Judge and an Alternate Election Contest Judge, and notify the MCT of such appointment. These appointments will be made either directly by the Band governing body or through another process established by the Band governing body. If the Election Appeals Judge becomes unable or unwilling to serve, the Alternate Election Appeals Judge will take his/her place. The Election Contest Judge and Alternate Election Contest Judge will have a thorough understanding of this Ordinance. The qualifications of the Election Contest Judge and Alternate Election Appeals Judge will be left to the discretion of the Band governing body. The Election Appeals Judge will perform the duties described in this Ordinance for the election that is the subject of the Announcement. The beginning and ending dates of the term of such judge will be determined by the Band governing body, provided that the Judge will be appointed and will be available during the times this Ordinance may require action by him/her. E. No Immediate Family Members.
No candidate for election, no members of a Candidate’s immediate family, nor any member of the Band governing body will be appointed to serve on any election board or as an Election Contest Judge or Alternate Election Contest Judge. The term “immediate family” as used herein will be determined by the Band governing body. Section 8. Cost of Election.
Compensation of election board members and all costs of administering all elections will be borne by the Band governing body of the reservation holding the election. Section 9. Counting of Days.
Whenever this Ordinance provides for a certain time period to be counted in days, such days will be calendar days, and if the last day when so counted falls on a Saturday or Sunday or legal holiday, the Ordinance will be construed so that the last day will be the next business day following such Saturday or Sunday or the first day following the legal holiday that is not a Saturday or Sunday. Section 10. Beginning of New Terms. A. Action by a Band Governing Body.
A Band governing body by formal action may establish the time and process for newly elected candidates to assume the authority of their positions, however, such time and process must provide that all newly elected candidates will assume the authority of their positions at or before the times set out in part “B” of this Section, provided that if an election for a particular position is contested and the protest has not been finally ruled upon in accordance with this Ordinance the incumbent will remain in office pending a final decision, and until a new person takes office. B. In the Absence of Action by a Band Governing Body.
1. In the absence of formal action by a Band governing body pursuant to part “A” of this Section, the winning candidates in Regular Elections will take office and assume all the authority of their positions at 12:01 a.m. on the second Tuesday in July following the elections; provided that if an election for a particular position is contested and the protest has not been finally ruled upon in accordance with this Ordinance the incumbent will remain in office pending a final decision, and until a new person takes office. The contest of the election for any one position will not affect the beginning of the new terms of other winning candidates. If the final ruling on the protest upholds the election, the winning candidate will take office and assume all the authority of the position at 12:01 a.m. on the day following the day the final order upholding the election is filed. If the final ruling orders a new election, the winning candidate of the ensuing special election will take office and assume all the authority of the position in accordance with the following paragraph.
2. For Special Elections, the winning candidate will take office and assume all the authority of the position at 12:01 a.m. on the tenth day following the day of the election. If a special election is protested, and the protest has not been finally ruled upon by such time, the winning candidate will take office and assume all the authority of the position at 12:01 a.m. on the day following the final order upholding the election. CHAPTER II: CONDUCT OF ELECTIONS
The General Reservation Election Board will be responsible for the overall conduct of the election and will perform all duties assigned to it by this Ordinance in a unbiased fashion, including the safekeeping of election materials, the processing and counting of absentee ballots, the certification and posting of election results, and the consideration of recount requests. Section 1. Election Security Measures.
Except as specifically provided herein, the General Reservation Election Board is responsible for implementation of the election security measures listed below. In the event that the Tribal Executive Committee designates an outside organization to provide technical assistance and/or election related services, the General Reservation Election Board will be responsible for monitoring the performance of said organization to ensure compliance with the provisions of this Ordinance. A. Storage and Distribution of Voting Materials.
1. Except when a Band governing body has decided to use an automated ballot tabulation system, the Tribal Executive Committee will be responsible for preparing ballots for all elections for Band governing body positions and for making them available to the General Reservation Election Boards at least thirty (30) days prior to the election. The Tribal Executive Committee will take reasonable steps to ensure that all ballots are subject to secure storage conditions, prior to, and during delivery to the General Reservation Election Boards. When an automated system is used the supplier shall also be responsible for ballot security and other measures related to the integrity of the election process.
2. The General Reservation Election Board will take reasonable steps to ensure that all accountable voting materials, and especially ballots, are subject to secure storage conditions, prior to, during and after the election. The General Reservation Election Board will also ensure that security measures are in place for the commencement and finish of voting that allow for public verification of the sealing and unsealing of ballot boxes.
3. The General Reservation Election Board will keep all election records, including the following items, under lock and key for at least a ninety (90) days following election day or until all contests and appeals have been completed: Ballots, both used and unused; information on each request for an absentee ballot, a record of the date on which each request for an absentee ballot was received, the date on which the absentee ballot was mailed out, the date on which the absentee ballot was received and from whom it was received; any reports from the General Reservation Election Board or a District Election Board; challenge and complaint records; count totals and results, as well as decisions on the validity of ballots. Absentee ballots received by the General Reservation Election Board by mail after the cut-off date and time as specified in Section 2, will be kept separate from all of the other ballots.
4. The ninety (90) day requirement notwithstanding, such materials will be made available at the discretion of the court for protests, contests and/or appeals, if so authorized by the relevant provisions of Chapter III of this Ordinance. Any materials so released will only be released in accordance with, and for the express purpose(s) set forth in this Ordinance. B. Security in Voting Areas.
1. The District Election Board will ensure that ballot boxes are continuously monitored by at least two members of the Board from the time the polls open on election day to the time the polls close.
2. It is the duty of the District Election Board to maintain orderly conduct within the surroundings of the polling place and prohibit any person from electioneering in a public place within 200 feet of the polling place. The District Election Board will also take reasonable steps to ensure that voters have barrier-free and easy access to the polling station.
3. Any person who engages in behavior that distracts, interrupts, or interferes with the Election or the work of the Board will be removed and excluded form the premises. Section 2. Voting Procedures.
The procedures of this section shall not apply when the Band governing body chooses to use an automated ballot tabulation system. When such a system is used the Election Board shall apply the controls and procedures prescribed by the vendor to ensure the integrity of the process of casting and counting all ballots. A. Voting at Polling Place.
1. Instructions to voters describing the manner of casting one’s vote will be posted at the polling place and issued upon request to all eligible voters with a ballot.
2. The polls will remain open at each polling place from 8 a.m. until 8 p.m. on Election Day.
3. When all else is in readiness for the opening of the polls, the District Election Board Chair in each District will open the ballot box in view of the other District Election Board members, and also in view of any members of the general public then in attendance, will turn same top down to show that no ballots are contained therein and will lock the box and retain the key in his/her possession until after the polls are closed and until the count of the ballots is started. In the event that the Tribal Executive Committee designates an outside organization to provide election assistance, such as the provision of ballot boxes, an official from said company may be allowed to retain the key in his/her possession. The Ballot boxes will remain locked from the commencement of voting through the close of voting, when they are opened for removal of the ballots for counting.
4. The Clerk will make a record of each eligible voter presenting himself/herself at the polls. The voter must sign the register or make his or her mark. The Clerk in his/her discretion may require additional proof of identity.
5. All voting is by secret ballot. The voter will vote in privacy, by indicating with a mark on the name of the candidate(s) supported by the voter. The voter will then hold the ballot so the choice cannot be seen by others, and place it in the ballot box provided. It will be the duty of the Chair, or the Chair’s designee, when requested by a voter, to have such voter assisted in casting a ballot.
6. If a voter mutilates a ballot or renders the ballot unuseable, another ballot may be obtained. Upon surrender of the mutilated ballot, the Judge will write the word “Disqualified” across the ballot and sign his/her name beneath it, have another ballot issued in lieu thereof and will place the spoiled ballot in a large envelope marked “mutilated ballots.” The envelope containing all mutilated ballots will be placed in the ballot box at the end of the voting. All such spoiled ballots will be retained along with the other election materials as specified in this Chapter.
7. Ballots unused at the end of the voting will be tied together, and the bundle will be marked “unused” in ink, signed by at least two members of the District Election Board, and placed in the ballot box at the end of voting. All such unused ballots will be retained along with the other election materials as specified in this Chapter. B. Absentee Ballot Voting Procedures.
The General Reservation Election Board will give or mail ballots for absentee voting to eligible voters upon receipt of a signed written request from such voters. The General Reservation Election Board will give immediate attention to all such requests and will process the requests to permit voters reasonable time to execute and return their absentee ballots within the time allowed by this Ordinance provided that any eligible voter who requests and receives an absentee ballot in person will be required to cast the ballot with the General Reservation Election Board on the same day. Documents which will be given or mailed to the voter requesting an absentee ballot under this section will include: a) the absentee ballot; b) an inner envelope, bearing on the outside the words “Absentee Ballot” and; c) a pre-addressed outer envelope which, on the reverse side of which there will appear an affidavit as follows:
AFFIDAVIT State of _______________
County of _____________
I, _______________________________, do solemnly swear that I am an enrolled member of the Minnesota Chippewa Tribe, that I will be at least eighteen years of age on the election date and am entitled to vote in the election to be held on ________________, 20___.
I have marked the ballot that I requested and received from the Election Board and enclosed and sealed the same in the envelope marked “ABSENTEE BALLOT.” It is enclosed in this envelope.
Signed:_______________________________________ (voter)
Subscribed and sworn to before me this ____ day of ______, 20_. I hereby certify that the affiant properly identified himself/herself to me and signed this Affidavit in my presence.
[SEAL] ________________________ Notary Public
In no case may a candidate or member of a candidate’s immediate family be the Notary Public who administers the oath.
Those voting by absentee ballot will execute to the required affidavit, mark the ballot to indicate candidate preference(s), acquire witness of a notary public, place the ballot in the envelope marked “Absentee Ballot”, seal the envelope, place the sealed envelope marked “Absentee Ballot” in the outer pre-addressed envelope, and mail it or deliver it in person.
Those wishing to vote by absentee ballot must ensure that their outer pre-addressed envelope with enclosed inner envelope and absentee ballot are delivered to the designated post office box one half hour before closing of the relevant post office on Election Day. Any absentee ballots received by mail thereafter will be declared invalid and will be kept separate from the other ballots.
Absentee Ballots that are hand-delivered must be received by the General Reservation Election Board no later than the close of the polls on Election Day. Any ballot that is hand-delivered must be delivered by the absentee voter himself/herself. Any voter who walks in to the polling place on election day with an unmarked absentee ballot may choose to have the ballot voided, recorded as void, and proceed to vote as a regular voter. Section 3. Counting of Votes. A. The Tally.
At the close of the polls, all election materials will be transported to the counting room, if the counting is to take place in a location other than the polling place. Thereafter, the District Election Board will unlock the ballot box(es); remove the regular ballots; and tabulate the votes according to the procedures established in this Ordinance, or by such other process as may be required by an automated election system.
The District Election Chair and at least two other member of the District Election Board will remain continuously in the room until all the ballots are finally counted. B. Observing the Tally.
At least two members of the District Election Board must view each ballot, and each counter will keep a separate tally of the votes cast. Any eligible voter may be present at the tally so long as the voter behaves in a manner consistent with the requirements of this Ordinance. C. Rejection of Ballots.
If, during the tallying of the votes, the members of the District Election Board are unable to determine from a ballot the choice(s) of the voter, the ballot will be rejected. A rejected ballot will be marked “rejected” in ink. Each member of the Reservation Election Board will sign their name below this marking. Rejected ballots will be kept together, and placed in the Ballot Box at the end of the tally. D. Close of Tally.
At the close of the tally, the District Election Board will open the ballot boxes and display the empty box to all persons present to ensure that no ballots are contained therein; determine the total votes cast for each candidate for each office; write down these totals, together with the number of rejected ballots, spoiled ballots, unused ballots and total ballots printed; and return the ballots to the boxes, lock and mark the boxes, and turn over the certified election returns of the District, along with the ballot boxes, and the list of those registered and voting to the General Reservation Election Board. E. Counting the Absentee Ballots.
1. Upon arrival at the polling place, the Chairperson immediately will deliver the still sealed ballots to the remaining members of the of the General Reservation Election Board, who will deposit them in a special locked ballot box.
2. Prior to counting the absentee ballots, the General Reservation Election Board will determine whether the person whose name is on the outer envelope and affidavit is a qualified voter, and whether the qualified voter is on the absentee ballot list. The General Reservation Election Board will then count and register absentee votes after all other ballots have been counted and will include such votes in the results of the election. The provisions of Sec. 3. B. and C. of this Chapter will apply to the counting of the absentee ballots, except that the General Reservation Election Board will perform the listed duties with regard to absentee ballots, instead of the District Election Board. Section 4. Certification and Posting of the Election Results.
It will be the responsibility of the General Reservation Election Board to certify the results of each election. The General Reservation Election Board will convene in a place selected by them and at a time prior to 8:00 p.m. on the day following the election day to receive the certification of the results of the election from each District and will certify the return of the absentee votes.
The General Reservation Election Board will publish and post within two (2) days after the day of the election the results of such election, in the voting Districts, and in other public places throughout the reservation for the information of the tribal members. Such returns will also be forwarded to the Tribal Executive Committee within the same time period. CHAPTER III: RECOUNTS, CONTESTS, AND APPEALSSection 1. Recounts of Ballots.
A. A recount of ballots may be sought in any Regular or Special Election, and will be mandatory in case of tie votes in such elections. If two candidates tie with the second highest number of votes in a Primary, a recount will be mandatory.
B. Only a candidate for Band governing body position may seek a recount of ballots, and the recount may only involve the position for which he/she was a candidate. A candidate seeking a recount must prepare a written Request For Recount stating specific reasons for the need for a recount, and will file the Request with the General Reservation Election Board at its office by 5:00 p.m. on the third day following the day of the election. The General Reservation Election Board will consider the Request For Recount of the contesting candidate and will make a decision on the Request within five (5) days following the day the Request is filed with the Board. A recount will be ordered only if the General Reservation Election Board determines that the closeness of the vote makes a recount desirable, or that a material question exists as to whether the initial vote count was accurate. The decision of the General Reservation Election Board will be final without appeal as to the recount request. Section 2. Election Contest to Reservation Election Contest Judge. A. Contest of Primary, Regular or Special Elections.
Only a candidate for a Tribal Council position may contest an election, and the contest may only involve the position for which he/she was a candidate. A candidate contesting an election will prepare a written Notice Of Contest stating specific reasons for his/her contest, and will file such Notice of Contest with the Reservation Election Contest Judge at the judge’s office by 5:00 p.m. of the seventh day following the day of the election. The Reservation Election Contest Judge may order such a hearing and such submissions as the judge deems necessary, and will make a decision on the Contest within ten (10) days following the day the Notice of Contest was filed. B. Rules and Procedures for Contests to the Reservation Election Contest Judge.
The following additional rules and procedures will govern the determination of election contests heard by the Reservation Election Contest Judge pursuant to this Ordinance:
1. The burden of proof of irregularities alleged rests with the contester. The judge in his discretion may allow discovery relating to ballots if the judge believes the contester has demonstrated the likelihood that such discovery will show irregularities and if the judge believes that the discovery will materially assist in the making of a decision on the contest.
2. The contester will proceed first in any hearing and must present relevant and material evidence demonstrating how any irregularities, alleged and proven, affected the outcome of the election. Testimony may be received on irregularities, in the Primary, General or Special Election. The General Reservation Election Board will respond to the case presented by the contester, if it deems it necessary, and may present any exhibits and offer any relevant testimony and/or oral arguments.
3. Legal Counsel may assist and accompany contester but will abide by all rules and regulations applicable to the proceeding.
4. The contester will be limited to presenting testimony and evidence in support of the allegations contained in the written Notice of Contest. No new allegations will be considered.
5. Witnesses will be sworn and only one may testify at a time. The judge will have full authority to maintain order and decorum
6. All evidence offered, whether written or oral, must be relevant to the matters alleged as the basis of the contest, and must be recorded by a court reporter.
7. The decision of the judge as to the relevancy and weight of any and all exhibits and evidence will be subject to review on appeal only pursuant to this Ordinance.
8. With regard to a contest of the final vote in a Primary, Regular or Special Election, the judge may affirm the results of the election or order that the results of the election are invalid and order that a new election will be held under conditions specified in the judge’s order. In no case will the judge order that a new election be held unless the contestor has demonstrated violations of this Ordinance which changed who was the winning candidate (or candidates in a Primary) for an office.
9. The form of the Opinion of the Court will include a Findings of Fact, Conclusion of Law, and Final Decision.
10. The judge will not have jurisdiction to rule on questions relating to interpretation of the Revised Constitution and Bylaws of the Minnesota Chippewa Tribe. Section 3. Appeal of Reservation Election Contest Judge Decision.
The decision of the Reservation Election Contest Judge, or such other equivalent decision as designated by the Band law, will be appealable to the Tribal Court of Election Appeals. The Appeal will be limited to the record below. Section 4. Tribal Court of Election Appeals A. Organization of the Court
1. The MCT Tribal Court of Election Appeals (“Court”) will be comprised of a person named by of the six Band (“Judge”), as chosen consistent with the provisions Chapter I, Section 7.A. of this Ordinance. Except that, the Judge representing the Band from which appeal is taken will be recused from sitting on that matter. In all cases, there shall be five (5) voting members of the Court.
2. The General Legal Counsel of the MCT will serve as Clerk of Court and parliamentarian for hearings and cases decided by the court. If the General Legal Counsel is a member of the Band from which appeal is taken, that person will be recused and the TEC will appoint a Legal Counsel pro temp from among the remaining five Bands. In no case and under no circumstances will the Legal Counsel vote in any matter before for the Court. Counsel may be present during deliberations on the merits, at the request of the Court, to act as a legal resource. B. Jurisdiction
1. Jurisdiction of the Court is limited to matters regarding tribal elections. There is no appeal as of right from any election on any reservation that is not conducted under the express authority of this Ordinance. The Court may take discretionary appeals from other reservation elections, but only upon the specific request of that Reservation’s Band governing body. Each Band governing body may opt to confer final jurisdiction to the Court, by resolution enacted no later than the date established for publication of the Election Announcement. The Band governing body will notify the Tribe of its decision as to whether to use the Court on or before the date established for publication of the Election Announcement.
2. The Court may only take appeal from the record below. The Court may not undertake a separate trial on new evidence, nor consider any claim of fact not presented at the Reservation Contest level. C. Procedure
1. Upon an adverse finding at the Reservation Contest level, the aggrieved party has three (3) days to file a Notice of Appeal with the General Legal Counsel of the MCT, at the offices of the MCT. A copy of the Notice must also be served on the reservation tribunal rendering the adverse decision. The Notice must state the basis for the appeal, including a statement of how the alleged misconduct in the election was both serious and material.
2. Upon receipt of the Notice of Appeal by the Reservation tribunal, the record will be prepared and forwarded to the Court within three (3) days. The record will include all documentary evidence presented, a transcript of the proceedings, and copy of the decision of tribunal.
3. Upon receipt of the Notice of Appeal by the General Legal Counsel, a copy of the Notice will be forwarded to the Court by mail and electronic facsimile where available. Counsel will schedule a hearing date within one week from the date of receipt of the Notice.
4. The Court will permit oral argument and written submissions and may establish time or page limits, as the case may be.
5. The Court may order the issues briefed by Counsel, but must in any event render a decision of the Appeal within ten (10) days of hearing. The opinion must be in writing and address each issue raised on appeal.
6. The decision of the Court is final and unappealable.
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