Policies and Procedures

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LTBB Election Board

Policies and Procedures

Adopted 12/7/2024

Table of Contents

I. Purpose ...................................................................................................1

II. Authority................................................................................................1

III. Definitions ...........................................................................................1

IV. Appointment and Removal of Election Board Members .................1

V. Compensation and Funding .................................................................2

VII. Verification of Signatures .................................................................2

VIII. Election Board Forms ......................................................................3

IX. Retention of Records ..........................................................................4

X. Disclosure of Public Documents ..........................................................4

XI. Code of Ethics ......................................................................................5

XII. Release of Information ......................................................................5

XIII. Interaction of Board Members with Tribal Citizens ....................5

XIV. Complaints ........................................................................................5

XV. Board Member Officers and Duties .................................................6

Duties of Board Members ........................................................................6

Officer Vacancies .....................................................................................6

Resignation of an Officer .........................................................................6

Removal of an Officer ..............................................................................7

Election of Officers ..................................................................................7

XVI. Election Board Meetings ..................................................................7

Frequency, Time, Location ......................................................................7

Notice of Meetings ...................................................................................7

Attendance ................................................................................................7

Meeting Agendas ......................................................................................7

Board Reports ...........................................................................................8

Decorum ...................................................................................................8

Public Participation ..................................................................................8

Quorum.....................................................................................................8

Voting .......................................................................................................9

Open Session ............................................................................................9

Closed Session..........................................................................................9

Urgent Meetings .......................................................................................9

Records of Meetings.................................................................................9

Recording Devices ...................................................................................9

Annual Community Meeting ....................................................................9

XVII. Amendments ..................................................................................10

XVII. Savings Clause ...............................................................................10

Certification of Approval ........................................................................11

Little Traverse Bay Bands of Odawa Indians

Election Board

POLICIES AND PROCEDURES

I. Purpose

As an independent entity of the Tribe, the Constitution authorizes the Election Board (the

"Board") to conduct all general and special elections and to adopt rules and regulations

governing elections. In exercise of such authority, the Election Board approves the following

Policies and Procedures to conduct elections, register voters, and guide activities of the Election

Board. These Policies and Procedures repeal and replace all previous Policies and Procedures

adopted by the Election Board.

II. Authority

A. The Election Board is an independent entity created by the Constitution and shall be

adequately funded to fulfill its purposes.

B. The Election Board shall adopt rules and regulations governing Elections, Voter Registration,

Regular, Special and Emergency meetings, and procedures to execute the duties of the

Election Board. These rules and regulations may be amended as needed. However, no

amendments to such rules and regulations can take effect while an Election is in progress.

Such rules and regulations shall be posted on the Election Board webpage.

C. The Election Board shall adopt policies to implement its rules and regulations. Those policies

and procedures may be amended as needed. However, no amendments to such policies and

procedures can take effect while an Election is in progress. Such policies and procedures

shall be posted on the Election Board webpage.

III. Definitions

The Election Board Policies and Procedures adopt the same Definitions as contained in the

Tribal Elections Regulations approved on December 10, 2022.

IV. Appointment and Removal of Election Board Members

A. The Election Board shall be nominated by the Chairperson and appointed by Tribal Council

and shall consist of five (5) enrolled Tribal Citizens, eighteen (18) years of age or older who

meet the voting eligibility requirements.

B. Two or more members of the same immediate family, as defined in the Constitution, shall

not serve on the same Election Board at the same time. Although not included in the

constitutional definition of immediate family, Citizens related as son-in-law, daughter-in-law,

and persons who reside within the same household of the member cannot serve on the same

Election Board at the same time.

C. Election Board members cannot be candidates for any Tribal elected position while serving

on the Election Board.

D. Election Board Members are appointed to four-year (4) terms, except when appointed to fill a

vacancy, they shall be appointed for the remainder of the vacant term. There shall be no limit

on reappointment.

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E. Election Board Members are to be sworn in under an oath of office prepared and

administered by the Tribal Court within thirty (30) days of their appointment.

F. An Election Board Member may resign from the Board by giving written notice to the Board.

The resignation is effective immediately, regardless of the Board's acceptance, unless the

resignation specifies a later effective date.

G. In the event a vacancy occurs on the Election Board by virtue of death, resignation, or

removal, the Chairperson shall nominate and the Tribal Council shall appoint a Tribal Citizen

who meets the eligibility requirements for the remainder of the unexpired term.

H. Upon presentation of a petition signed by at least one hundred (100) members alleging

neglect of duties or intentional wrongdoing, and a hearing where the accused is afforded

proper due process, the Judiciary may remove Election Board Members for good cause.

V. Compensation and Funding

A. The Tribal Council shall have the power to establish the compensation for the Election

Board. No increase or decrease in compensation shall take effect until after the next general

election.

B. The Election Board shall prepare and present an annual budget directly to the Tribal Council

for funding. Funding for the Election Board shall be based on the need to fulfill its duties as

mandated by the Constitution.

VII. Verification of Signatures

A. When presented with a petition, the Election Board must ensure the procedure utilized is

consistent and fair.

B. The Election Board must ensure that the minimum number of signatories required are

registered voters, and will verify there are no duplicate signatures. Any duplicate signatures

will not be counted towards the final count of the minimum number of signatories required.

C. All petition signatures shall be original signatures of registered voters.

D. The Election Board shall perform the verification of signatures process in a closed-session

meeting and will document the process taken in the meeting minutes.

E. The Election Board shall randomly select at least twenty percent (20%) of the minimum

number of signatories required, and conduct a comparison between the signature on the

petition and the signature of the same individual as it appears on voter documents or in the

database. In conducting the comparison above, the Election Board, absent of any objective

means developed to ascertain the exact similarity of the signatures compared, shall exercise

its best judgment, and may rely on external information provided to the Board, such as any

impending disability that may prevent the Tribal citizen, whose signature may be in question,

to properly sign.

F. Signatures that cannot be verified by the Election Board shall not count toward the minimum

number of signatures required.

G. The Election Board may divide the work load of checking each petition sheet containing

signatures, for as long as the same petition sheet is reviewed by at least two Election Board

members and verified with their signature and date.

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VIII. Election Board Forms

A. Election Board forms are available to Tribal Citizens on the Election Board webpage. The

forms are printable and are fillable, and may be downloaded. Forms available on the

webpage include:

Form A:

Voter Registration Form

Form D:

Public Document Request Form

Form IN1: Request for Initiative Petition Form

Form IN2: Request for Additional Initiative Petition Signature Sheets Form

Form R1: Request for Recall Petition Form

Form R2: Request for Additional Recall Petition Signature Sheets Form

B. The following forms are available to Tribal Citizens on the Election Board webpage only

during the time period applicable to the election cycle:

Form C1: Nomination Application Form

Form C2: Criminal Background Authorization Form

Form C3: Signature Sheet for Tribal Councilor Nomination

Form C4: Signature Sheet for Chairperson and Vice-Chairperson Team Nomination

Form C5: Candidate Withdrawal Form

Form C6: Candidate Team Withdrawal Form

Form C7: Campaign Finance Statement Form

Form E1: Ballot Replacement Request Form

Form PW1: Poll Watcher Appointment Form

Form S1:

Poll Sitter Application Form

C. Other standard forms and templates used by the Election Board that are not publicly available

include:

Form C8: Nomination Packet Checklist Form

Form IN3: Initiative Petition Issuance Acknowledgement

Form IN4: Initiative Petition Signature Sheet

Form IN5: Acknowledgement of Additional Initiative Petition Signature Sheets

Form IN6: Receipt of Initiative Petition Submission

Form IN7: Determination of Initiative Petition

Form PW2: Poll Watcher Acknowledgement Form

Form R3: Recall Petition Issuance Acknowledgement

Form R4: Recall Petition Signature Sheet

Form R5: Acknowledgement of Additional Recall Petition Signature Sheets

Form R6: Receipt of Recall Petition Submission

Form R7: Determination of Recall Petition

Form S2:

Poll Sitter Agreement Form

Form S3:

Poll Sitter Acknowledgement Form

D. In addition to the forms used to document Voter Registrations, Candidate Nominations, and

Elections, the Election Board maintains several logs such as a Mail Log, Public Documents

Request Log, and a Candidate Log to document its processes.

E. The process for Tribal Citizens to submit forms to the Election Board varies depending upon

which type of form it is. For each form, the process is given in detail in the Tribal Elections

Regulations or the Policies and Procedures section that relates to the form.

F. The Election Board shall create, distribute and utilize additional forms not listed here as

deemed necessary.

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IX. Retention of Records

A. The Election Board shall maintain all voter registration records. When a Tribal Citizen

submits an updated Voter Registration Form, the outdated form may be destroyed.

B. The Election Board shall maintain Public Document Requests for at least one (1) year, after

which the documents shall be destroyed.

C. The criminal record information resulting from the Election Board’s criminal background

checks on candidates shall be kept in a sealed file and destroyed within ninety (90) days of

the election certification date for which the candidate nomination was made.

D. With exception of the criminal record information as stated above, the Election Board shall

maintain all Candidate Nomination records and Campaign Finance Statements for at least

four (4) years from the election certification date, after which the documents may be

destroyed.

E. Official Election documents are placed in a sealed container(s) at the polling location on

Election Day upon completion of the vote count, including Election Ballots, ballot envelopes,

counting machine tapes and hand-tally sheets. The election documents must remain sealed in

the container(s) for at least one (1) year from the election certification date. After one (1)

year, the Board shall approve the purging of the election documents by a majority vote of a

quorum at an Election Board meeting. The container(s) shall be unsealed and all documents

within shall be destroyed immediately.

F. The Election Board shall log and maintain all ballots mailed to eligible Registered Voters

that were returned as “undeliverable” for at least one (1) year, after which the ballots and

envelopes shall be destroyed.

G. The Election Board shall log and maintain all ballots received after the election day for at

least one (1) year, after which the ballots and envelopes shall be destroyed.

H. The Election Board permanently destroys, or purges, records by shredding the documents. To

destroy electronic records, the Election Board shall permanently delete the documents from

the electronic files.

X. Disclosure of Public Documents

A. The Election Board shall obey any statute or tribal legislation as it applies to disclosure of

public documents.

B. Any tribal citizen may request a public document from the Election Board by submitting a

Public Document Request form and presenting their Tribal identification card to the Election

Board. A printable and fillable Public Document Request form is available on the Election

Board webpage.

C. The list of Registered Voters and Petitions received by the Election Board are public

documents for which contents are not publicly available without an approved Public

Document Request form.

D. The Public Document Request form and Tribal identification card may be submitted to the

Election Board in person at an Election Board meeting, work session or office hours, or the

completed and signed form along with a copy of the Tribal identification card may be

emailed to the Election Board or sent by postal mail.

E. The Election Board reserves the right to implement policy requiring a minimal fee per page

for release of printed documents.

F. The Election Board publishes a majority of Board documents, so that they are available to

tribal citizens, on the Election Board webpage and/or LTBB citizen’s portal of the Tribal

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website. Such documents include Election Board announcements, meeting and work session

schedule, contact information, Tribal Elections Regulations, Election Board Policies and

Procedures, minutes of meetings, current election information, previous election results,

current and previous legal challenges.

XI. Code of Ethics

The Election Board shall conduct itself in accordance with any Statute, tribal legislation,

Election Board regulation, policy, procedure or guideline as is applicable to the ethical conduct

of Tribal officials.

XII. Release of Information

The Election Board and Board Members are prohibited from releasing any confidential

information related to voters, candidates, ballots, elections, challenges or any information that is

not already publicly provided or is otherwise not provided without the requester having

submitted an approved Public Document Request form.

XIII. Interaction of Election Board Members with Tribal Citizens

The Election Board is not an advisory board. Its Constitutional mandate is to conduct all general

and special elections, to register voters and to adopt the rules and regulations and policies

governing elections.

A. Election Board Members are prohibited from accepting official election or voter documents

when they are not acting in their official role of an Election Board Member.

B. Official election and voter documents may be accepted during meetings, work sessions,

office hours, election day, and at other times and events for which the Election Board is

acting in its official duties, such as at the Annual Community Meeting.

C. When approached by a Tribal citizen with questions or comments related to the Election

Board, the Board Member should invite the Citizen to attend a Board meeting, suggest the

Citizen email the Board, or refer the citizen to where the information can be found on the

website.

D. The opinions of individual Board members do not represent nor reflect the position of the

Election Board.

XIV. Complaints

A. In the event a Tribal Citizen has a complaint related to the quality of performance or the

conduct of an Election Board Member in their capacity as a Tribal official, or related to the

Election Board in general, they shall submit the complaint in writing at an Election Board

meeting, or may email the written complaint to the Election Board.

B. If the Tribal Citizen would prefer, they may attend an Election Board meeting to informally

discuss the situation with the Election Board.

C. The Election Board shall attempt to correct or resolve any complaint to the satisfaction of the

Tribal Citizen. The Election Board shall document the complaint and respond to the Tribal

Citizen’s complaint in writing within ten (10) business days.

D. If the nature of the complaint is a challenge to an election, petition or election result, or if a

remedy cannot be agreed upon, the Election Board shall inform the Tribal Citizen that their

complaint must be taken to the Judicial Branch for legal resolution.

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XV. Board Member Officers and Duties

The Board officers shall consist of a Chairperson, Vice Chairperson, Secretary, and Treasurer.

The officers shall perform such duties and have such responsibilities as provided here or as

otherwise determined by the Board.

A. Chairperson's Duties. The Chairperson shall call and preside over Board meetings,

represent the Board outside of Board meetings as directed by the Board members, and

otherwise be responsible for the active management of the business of the Board consistent

with the Board's powers, duties and limitations on authority as prescribed by the Board or

specified by law. The Board Chairperson or the Chairperson's designee shall sign contracts

and documents on behalf of the Board upon authorization from the Board as a whole. The

Chairperson must keep a record of all Board member terms, including the date each Board

member is appointed, re-appointed, and the date an appointment ends. The Chairperson shall

have the authority to delegate to any Board member any of the duties and responsibilities of

the Chairperson, and to exercise any other authority delegated to the Chairperson by the

Board or by legislation.

B. Vice Chairperson's Duties. The Vice Chairperson shall assume the duties and exercise the

powers of the Chairperson in the event of the Chairperson's absence or incapacity and shall

perform such other duties as the Board may deem necessary or as delegated by the

Chairperson.

C. Treasurer’s Duties. The Treasurer shall serve as the Chief Financial Officer of the Board

and be responsible for budget and financial planning, maintenance of financial records,

processing expenses and contracts, and financial reporting to the Board. The Treasurer shall

perform such other duties as the Board may deem necessary or as delegated by the

Chairperson.

D. Secretary's Duties. The Secretary shall be responsible for maintaining an attendance record

for all regular and special meetings. The Secretary shall be responsible for making a record,

or causing a record to be made, of the proceedings of all meetings of the Board and its

committees, in the form of minutes. The Secretary will sign and publish the minutes to

Election Board citizen’s portal of the Tribal website. The Secretary shall maintain a

confidential and secure master file of Board documents and records, electronically and at

such storage location as agreed upon by the Election Board. The Secretary shall provide the

public and the Board members with advance notice of all meetings in accordance with

section XVI.B. of these Policies and Procedures, and shall perform such other duties as the

Board may deem necessary or as delegated by the Chairperson. If the Board so chooses, the

functions of both Treasurer and Secretary may be served by one Board Member.

E. Board Member's Duties. Board Members not holding officer titles shall be responsible to

assist with Board responsibilities and shall perform such other duties as the Board may deem

necessary or as delegated by the Chairperson.

F. Officer Vacancies. If any office becomes vacant because of death, resignation, retirement,

disqualification, removal, or other cause, the Board shall by majority vote choose a successor

from among the remaining Board members who will hold the office for the remainder of the

term.

G. Resignation of Officers. An officer may resign from their officer position by giving

advance written notice to the Board. The resignation is effective immediately, regardless of

the Board's acceptance, unless the resignation specifies a later effective date.

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H. Removal of an Officer. An officer may be removed by a resolution approved by the vote of

a majority of the Board members present. Upon removal from the position of an officer, the

Board member will remain on the Board unless removal is obtained in accordance with

section XIII.D. of the Constitution.

I. Election of Officers. The Board may hold elections for officer positions when the

composition of the members on the Board change or when deemed necessary to maintain an

effectively functioning board.

XVI. Election Board Meetings

A. Frequency, time and location of meetings. Meetings of the Board shall be held at least

quarterly. The Board may meet as often as necessary to carry out its duties and functions.

Each meeting of the Board shall be held at a place and time specified by the advance notice

required in section XVI.B. below and shall be open to Tribal citizens and other persons that

the Election Board may designate to attend. The Board will hold in-person meetings,

however may occasionally meet virtually as deemed necessary by the Board. The Board may

also schedule special meetings when necessary to carry out its duties and functions,

providing public notice five (5) days in advance. In the event circumstances prevent the

Election Board from meeting the advance notice requirement, the Election Board may hold

an ‘urgent’ meeting per section L. below.

B. Notice of Meetings

1. Public Notice. The Board shall schedule regular meetings three (3) months in advance

and post a schedule of the meetings on the Election Board. When meetings are held

virtually, the Election Board shall provide the login information or link on the website. In

the event any regularly scheduled meeting is changed, the Board must provide public

notice at least five (5) days in advance by posting the change on the Election Board

webpage.

2. Notice of Board members. If a Board member is present during a Board meeting when

the date, time and location of a future meeting is scheduled, that Board member will be

deemed to have received notice of the meeting. If any Board member fails to receive

notice at a Board meeting, the Secretary shall provide notice to the member by personal

communication.

C. Attendance. In the event a Board member accumulates three (3) unexcused absences from

regularly-scheduled meetings, such absences shall be deemed misconduct and a neglect of

duties, and the Board may petition the Tribal Court for removal of the member.

D. Meeting Agendas. Each meeting of the Board will proceed in accordance with an agenda

prepared in advance by the Chairperson or Secretary. The agenda will include the following

items in the following sequence:

1. Call to Order. The Chairperson calls the meeting to order.

2. Roll Call. The Chairperson performs roll call, noting all Board members, staff members,

Tribal Citizens and others present, and noting any Board member absences and whether

the absences are excused.

3. Public Comment. The Board opens the floor for guests to make comments or ask

questions after Roll Call and again before adjournment of the meeting.

4. Approval of the Agenda. The Board reviews the agenda and notes whether the agenda

should be amended to accommodate any special needs during the meeting. The board

then approves the agenda as prepared or as amended by motion.

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5. Approval of Minutes. The Board reviews the Minutes of the immediately preceding

meeting as presented by the Secretary in draft form with numbered lines. The Board then

approves the Minutes as presented or as amended by motion.

6. Chairperson's Report. The Chairperson will present a written report summarizing any

announcements, activities or concerns that relate to the Board's work.

7. Vice-Chairperson's Report: The Vice-Chairperson will present a written report

summarizing any announcements, activities or concerns that relate to the Board's work.

8. Treasurer's Report: The Treasurer will present a written report summarizing any

announcements, activities or concerns that relate to the Board's work, and will provide

information relevant to the Board's budget when appropriate.

9. Secretary’s Report: The Secretary will present a written report summarizing any

announcements, activities or concerns that relate to the Board's work and will note the

processing of minutes and other documents.

10. Board Members’ Reports: Board Members not holding officer positions will present a

written report summarizing any announcements, activities or concerns that relate to the

Board's work.

11. New Business. The Board will discuss any additional new business not already addressed

in the meeting.

12. Action Items. The Board will vote on particular motions not already addressed. All

official action must be taken by motion. Motions will be made, supported and read back

before taking a vote. Any motion recorded in the Minutes shall be identical to that read

back prior to the vote.

13. Next Meeting. The Board will confirm the date, time and location of the next meeting.

The Secretary will note this information and ensure that all the Board members and the

public receive proper notice in accordance with section XVI.B. above.

14. Adjournment. The Chairperson will adjourn the meeting.

E. Board Reports. Board Member reports should include all pertinent information to keep the

Board informed of activities, projects, tasks, and notable communications with Tribal

Citizens that the Board Member performed since their last report. Board Members shall

provide an electronic copy of their written report, and all attachments or related documents,

to the Secretary for record-keeping. Board Members presenting only brief or simple reports

may opt not to submit a written report. Board Members who have no new information to

report may make no report.

F. Decorum. The proceedings of Board meetings shall at all times be respectful and maintain a

decorum appropriate for the carrying out of official Tribal business.

G. Public Participation. When members of the public attend Board meetings, the Chairperson

is advised to immediately welcome them and explain that an opportunity for public

comments will be available during the Public Comment period on the agenda. If a guest is in

attendance for a specific purpose, the Board may move the Public Comment item to an

earlier time or add another Public Comment time to the agenda to accommodate guest

business.

H. Quorum. A simple majority number of Board members regardless of vacancies shall

constitute a quorum. Official business shall only be conducted at a meeting when a quorum is

present.

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I. Voting. At all meetings of the Board where a quorum is present, all matters shall be decided

by a vote of the majority of all of the Board members present at the meeting and eligible to

vote.

J. Open Session. The Board will discuss items that relate to its work that do not require the

privacy of Closed Session. Such items may include, but are not limited to, finances or

budgets, or public communications with the Tribe or persons associated with Board business.

K. Closed Session. Meetings are open to the public except when the Board is in Closed

Session. Closed Sessions are permitted when the Board considers personnel matters,

verification of petition signatures, confidential attorney/client privileged communication or

other confidential or sensitive matters as the Board deems appropriate.

L. Urgent Meetings. The Board may take official action through phone polls, conference calls,

or virtual meetings but only in extraordinary circumstances and only for the limited purpose

of addressing a matter which may cause significant harm or damage to the Tribe's interests or

the Election Board’s ability to perform its duties. In the event the Board acts through such an

urgent meeting, the Secretary of the Board or the Secretary's designee must certify that

attempts were made to contact each Board member. In the event any Board member cannot

be contacted for a phone poll, conference call or virtual meeting, the Secretary must certify

that more than one attempt was made to contact the member by any practical means

including telephone, e-mail or in-person. The results of any official action taken through an

urgent meeting shall be read out loud at the next scheduled Board meeting properly noticed

pursuant to section XVI.B. above and will be ratified and recorded in the Minutes of the

meeting at which it is presented.

M. Record of Meetings. The Secretary of the Board shall keep, or cause to be kept, complete

and accurate minutes containing a record of the proceedings of each meeting. Copies of both

the draft and approved Minutes shall be made available to each Board member. Approved

Minutes shall be posted on the Election Board webpage in the Tribal Citizen’s portal of the

Tribal website. Closed Session Minutes are exempt from public disclosure unless the

Election Board determines that public disclosure will no longer harm or damage Tribal

interests.

N. Recording Devices. Recording devices may be used by Board Members solely for the

purpose of recording and confirming the accuracy of motions made verbally during a regular

Board meeting. The official record of meetings shall be the approved written Minutes and all

recordings may be erased and/or destroyed upon approval of the Minutes.

O. Annual Community Meeting. The Election Board shall attend the Annual Community

Meeting as called and officiated by the elected Community Speaker. The Board shall be

prepared to give an Election Board presentation when requested or required. The Board shall

update voter registrations and register new voters at the meeting. The Board shall conduct the

election of the Community Speaker. The Board shall document their participation at the

Annual Community Meeting and the election results of the Community Speaker at their next

Election Board meeting. The Board shall be available to answer questions and receive

comments and feedback from Tribal Citizens.

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XVII. Amendments

The Tribal Elections Regulations and/or the Election Board Policies and Procedures may be

amended by a majority vote of a quorum of the Board at a meeting. No amendments to the Tribal

Elections Regulations or Election Board Policies can take effect while an Election is in Progress.

Any amendment adopted by the Board is effective immediately, or after certification of the

election if adopted during an election cycle, and continues in effect unless the amendment is

subsequently rescinded by the Board. The Election Board shall post all approved amendments on

the Election Board webpage.

XVIII. Savings Clause

In the event that any phrase, provision, part, paragraph, subsection or section of these Policies

and Procedures is found by a court of competent jurisdiction to violate the Constitution, statutes,

or Elections Regulations of the Little Traverse Bay Bands of Odawa Indians, such phrase,

provision, part, paragraph, subsection or section shall be considered to stand alone and will be

deleted from these Policies and Procedures. The entirety of the balance of the Policies and

Procedures shall remain in full and binding force and effect.

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Policies and Procedures - Adopted by Election Board on 12/7/2024

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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