# THE SUPREME COURT OF THE LUMBEE TRIBE OF NORTH CAROLINA

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Alumbee%3A7aec70effe18e98d

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

THE SUPREME COURT OF THE LUMBEE TRIBE OF NORTH CAROLINA

Justice Mark Brooks Justice Mary Beth Locklear
Justice Everette Moore Justice Joshua D. Malcolm

David Locklear,
PETITIONER,
V.
Ron Oxendine,

RESPONDENT, Case No.: 2021-001

ORDER
and

Tribal Elections Board,

INTERVENORS-
RESPONDENTS.

wy eee ye ewe OY YS See Oe SS

IN THIS MATTER, the Petition was heard on October 14, 2021 and the Supreme Court of the
Lumbee Tribe North Carolina (“Court”) issued an opinion on October 20, 2021. In said opinion,
this Court ruled Respondent Ron Oxendine ineligible to run for Tribal Chairperson. This Court
further instructed the Lumbee Tribal Elections Board (“Election Board”) that distribution of
absentee ballots for the upcoming November 9, 2021 election ought to “resume quickly to lessen
any further prejudice to Lumbee voters requesting absentee ballots.” The Court ordered modified
absentee ballots to be distributed to Lumbee voters who had requested them, and modified
ballots to be made available to Lumbee voters on Election Day November 9, 2021. The Court, in
reviewing actions taken by the Election Board to comply with its ruling, makes the following
findings:

1. On October 21, 2021, the Court made several attempts to inquire of the Election Board
on which steps it had taken to comply with its October 20, 2021 ruling.

2. Subsequently, on October 21, 2021 the Election Board, by and through counsel, finally
informed the Court they were in the process of complying with the Court’s ruling and
would soon inform the Court of what steps it was taking to do so. At or around 12:16

-l-
LTNC SC_David Locklear v. Ron Oxendine 2021-001_FINAL decision of Court_10222021 2045
a.m. on October 22, 2021, the Court received an email from a 3“ party, where the
Election Board had distributed a Resolution to the Tribal Council.

3. Said Resolution was not directed to the Court by the Election Board, nor did it state any
intent to comply with the Court’s October 20, 2021 ruling, as it relates to modifying the
bailots.

4, Said Resolution stated the Election Board believed it could not meet the requirements of
the Court’s October 20, 2021 ruling prior to the November 9, 2021 election.

5. The Election Board, in said Resolution, stated its decision to unilaterally postpone the
election until December 14, 2021, 35 days after the existing November 9, 2021 election
date, without consulting with the Court.

6. The Election Board, in supporting its unilateral decision to postpone the election, cited
Lumbee Tribe of North Carolina Ordinance 2005-002 Section 3 Paragraph 6 authorizes
them to set date and time of election.

7. The Court, early morning on October 22, 2021 after being made aware of the Resolution,
informed the Election Board it was reviewing the document to determine whether it was
in compliance with the “letter and intent” of our October 20, 2021 ruling.

8. The Court, upon making further inquiry to the Election Board for an explanation of their
actions, was informed they believed there was insufficient time, resources, and workers
to comply with the Court’s October 20, 2021 ruling.

9. The Court, after further inquiry on the matter, based on said Resolution as well as
statements made by the Election Board, was advised the Election Board had to issue no
more than 398 modified ballots to voters who requested absentee ballots.

10. The Court having reviewed the Election Board’s Resolution, and defenses thereof, find
they are not in compliance with the Court’s October 20, 2021 ruling.

11. The Election Board, while having the authority to set election dates, times, and polling
sites in general, did not have the unilateral authority to postpone or delay the election set
by Court Order.

12. The Court has determined that the Election Board, in this instance, acted arbitrary and
capricious in light of the intrusive and significant effect a delayed election will have on
the voters.

13. The Election Board, when asked about delaying the election during the October 14, 2021
hearing, resoundingly stated they did not believe the election should be postponed.

14. At no time during this Court’s deliberation, from October 14 thru October 20, 2021, did
the Election Board express any concerns regarding its ability to carry out its
responsibilities for the scheduled November 9, 2021 election,

{5. The Court believes, sufficient time existed from the issuing of our ruling on October 20,
2021 until November 5, 2021, the deadline for which absentee ballots are to be received
by the Election Board, to comply with our October 20, 2021 ruling, Nevertheless, the
Court intends to modify the date in which absentee ballots may be received by the
Election Board to lessen disenfranchisement of absentee voters while affording the
Election Board more time to comply with the ruling of this Court.

16. In considering this matter, the Court must weigh the potential disenfranchisement and
chaos to Lumbee voters and eligible candidates caused by the Election Board’s
Resolution, passed at the dark hour of midnight, which was not proffered to this Court for
its review.

17, The Election Board has indicated it needs at least until Wednesday, October 27, 2021, to

-2—
LTNC $C_David Locklear v. Ron Oxendine 2021-001_FINAL decision of Court_10222021 2045
18.

19.

20.

21

have all requested modified absentee ballots mailed out, which they believe will leave
absentee voters insufficient time to have their ballots returned by November 5, 2021.
Consequently, believing it needs a minimum seven (7) days to mail out absentee ballots
to eligible voters and that those seven (7) days will be inadequate for absentee voters, The
Election Board apparently determined that their unilateral decision to delay the election
35 days was the least intrusive solution. In addition, the Election Board proposes to
restart the period allowing new absentee ballot requests et al., which would trigger
unconsidered implications for this Court, regarding opening tribal enrollment. All these
factors, in the opinion of this Court, would cause unprecedented confusion and
potentially greater disenfranchisement of Lumbee voters.

The Court finds the actions of the Election Board to alarmingly appear as efforts to
circumvent this Court’s ruling. The Election Board’s failure to affirm its intention to
comply with the Court’s ruling, along with the Election Board’s public dissemination of
its unilateral effort to delay the election, have been interpreted by this Court as something
closer to obstruction rather than compliance.

The Court believes the Election Board’s failure to “resume quickly” distribution of
absentee ballots has caused “prejudice to Lumbee voters requesting absentee ballots.”

. The Election Board’s actions conducted in a manner which seems to disregard our

reviewing authority, is not viewed by this Court as being the “most efficient and least
intrusive means.”

IT IS THEREFORE ORDERED:

1,

2.

The Elections Board will begin immediately to take whatever steps necessary to issue
modified ballots which comply with the October 20, 2021 Order.

Dock Locklear, is hereby appointed to serve as an “observer” for the Court going
forward. He shall be given unfettered access to the Election Board processes, meetings,
and other activities. He is considered a representative of the Court who will interact with
the Election Board moving forward until the November 9, 2021 election results are
certified by the Election Board.

Any and all ballots will be sent to eligible absentee voters as soon as possible, but no later
than Wednesday, October 27, 2021 at 5 p.m.

The Election Board shall prepare and post publicly a NOTICE on its social media and
any other front facing medium critical information concerning the details of ballot
distribution. In addition, this NOTICE shall be shared with the Tribal Administration so it
can be posted on the Tribe’s social media and any other front facing medium. These
NOTICES shall be posted by Saturday, October 23, 2021 at 1:00 p.m.

The Elections Board shall send said ballots via USPS Priority Mail and shall enclose prepaid USPS Priority Mail envelopes to eligible absentee voters for completion and return
of the ballot. In this mailing, an instruction letter to each voter detailing the reason for the
modified ballot and the urgency of return shall be included.

The Elections Board shal! receive and count absentee ballots received up through
November 12, 2021 at 5:00 p.m. in order to lessen any potential disenfranchisement of
absentee voters, while affording the most efficient and least intrusive means to do so.
The Board is hereby ordered to take any and all necessary steps to modify all schedules,
dates, and processes to accomplish the intent of this ruling to ensure that the election
occurs on November 9, 2021 and that absentee ballots are accepted until November 12,

3.

LINC SC_David Locklear y. Ron Oxendine 2021-001_FINAL decision of Court_10222021 2045
2021 at 5:00 p.m.

8. The Election Board is ordered to expend the necessary funds to comply with this Order
(e.g. mailing, personnel, training, etc.),

9. The Court has determined that all available funds in its budget are hereby committed to
the Election Board to ensure compliance with this Order.

10. Furthermore, we hereby Order the Tribal Council and Administration to obligate and/or
appropriate any additional funds necessary to carry out the intent of this Order, to
effectuate the election on November 9, 2021.

Signed this the 22" day of October, 2021.

original signed
Mark Brooks, Justice

original signed
Mary Beth Locklear, Justice

original signed
Joshua D. Malcolm, Chief Justice

original signed
Everette Moore, Justice

-4.
LINC SC_David Locklear v. Ron Oxendine 2021-001_FINAL decision of Court_10222021 2045
THE SUPREME COURT OF THE LUMBEE TRIBE OF NORTH CAROLINA

Justice Mark Brooks Justice Mary Beth Locklear
Justice Everette Moore Justice Joshua D. Malcolm

David Locklear, )
)
PETITIONER, )
)
v. )
)
Ron Oxendine, )
)

RESPONDENT, ) Case No.: 2021-001

) ORDER

and )
)
Tribal Elections Board, )
)
INTERVENORS- )
RESPONDENTS. )

WHEREAS, a Petition was filed on October 6, 2021 at 10:51 a.m. ET, alleging violation(s) of
Article VIII, Section 2(b) of the Constitution of the Lumbee Tribe of NC.

WHEREAS, the Petitioner alleges the Respondent “failed to meet the residency requirement set
out...in the Lumbee Constitution.”

WHEREAS, the Supreme Court (“Court”) of the Lumbee Tribe issued an Emergency Order
(LTNC SC_David Locklear v. Ron Oxendine 202 1-001_Prehearing ORDER_10072021 1130
signed) on October 7, 2021 at 11:30 a.m. ET.

WHEREAS, the Court issued an Order (LTNC SC_David Locklear v. Ron Oxendine 2021-
001_Prehearing ORDER_ 10082021 1830 signed) on October 8, 2021 at 6:00 p.m. ET.

WHEREAS, said Order concluded that “the Supreme Court of the Lumbee Constitution shall
have original jurisdiction over all cases and controversies arising under the Lumbee Constitution
and all ordinances of the Lumbee Tribe of North Carolina.”

-l-
iu)
Ds
i
RTH CY

THE SUPREME COURT OF THE LUMBEE TRIBE OF NORTH CAROLINA

Justice Mark Brooks Justice Mary Beth Locklear

Justice Everette Moore Justice Joshua D. Malcolm

David Locklear, )
)
PETITIONER, )
)
v. )
)
Ron Oxendine, )
)

RESPONDENT, ) Case No.: 2021-001

) ORDER

and )
)
Tribal Elections Board, )
)
INTERVENORS- )
RESPONDENTS. )

WHEREAS, a Petition was filed on October 6, 2021 at 10:51 a.m. ET, alleging violation(s) of
Article VIII, Section 2(b) of the Constitution of the Lumbee Tribe of NC.

WHEREAS, the Petitioner alleges the Respondent “failed to meet the residency requirement set
out...in the Lumbee Constitution.”

WHEREAS, the Supreme Court (“Court”) of the Lumbee Tribe issued an Emergency Order
(LTNC SC_David Locklear v. Ron Oxendine 2021-001_Prehearing ORDER_10072021 1130
signed) on October 7, 2021 at 11:30 a.m. ET.

WHEREAS, the Court issued an Order (LTNC SC_David Locklear v. Ron Oxendine 2021-
001_Prehearing ORDER_10082021 1830 signed) on October 8, 2021 at 6:00 p.m. ET.

WHEREAS, the Court issued an Order (LTNC SC_David Locklear v. Ron Oxendine 2021-
001_Prehearing ORDER_10092021 1730 signed) on October 9, 2021 at 5:30 p.m. ET.

ts
LTNC SC_David Locklear v. Ron Oxendine 2021-001_Prehearing ORDER_10132021 1815
Per the unanimous decision and on behalf of the Court in Conference.

Signed this 13" day of October 2021 at 6:15 p.m. ET.

LM atoll

For the Court 7

Attachment:

e LTNC SC_David Locklear v. Ron Oxendine 2021-001_exerpt transcript of LTNC CandO
comm, 10052021

Bs
LTNC SC_David Locklear v, Ron Oxendine 202 1-001_Prehearing ORDER_10132021 1815
Lumbee Tribe of North Carolina
Board of Elections .
Post Office Box 1799
Pembroke, North Carolina 28372
910-521-8965

December 2, 2015

ORDER OF LTNC BOARD OF ELECTIONS
> SETTING ASIDE RESULTS IN THE NOVEMBER 17, 2015
ELECTION FOR THE DISTRICT 9'TRIBAL COUNCIL SEAT

To: Anita Hammonds Blanks, Blaiiie McNeil Collins, and TNC Tribal Speaker Lesaundri’-
Hunt -. oO. .

: Stibj: RESPONSE TO FORMAL, CONTEST OF ELECTION RESULTS FOR DISTRICT 9
| TRIBAL COUNCIL ELECTION CONDUCTED ON NOVEMBER 17, 2015 BASED

‘DURING THE ELECTION

Ref: (a) Constitution of the Lumbee Tribe of North Carolina .
{b) Lumbee Tribe of North Cazolina Ordinance No. 2005-0002'dated 4 May 2005
(c} Anita Hammonds Blanks contest letter dated November 24, 2015

1. Authority of the Elections Board of the Lumbée Tribe of North Carolina in this matter

a. The Elections Board of the Lumbee Tribe of North Carolina was established and operates
under the authority of Article X of the Constitution of the Lumbee Tribe of North
Carolina. (Reference (a)) ; :

b. Article X, Section 1.c, of the Constitution of the Lumbee Tribe of North Carolina grants
the Elections Board of the Lumbee Tribe of North Carolina authority'on “any other
matters specified herain or authorized by tribal ordinance.” (Reference (a))

c, Lumbee Tribe of North Carolina Ordinance NO, 2005-0002 dated May 4, 2005, cited as
“ELECTION ORDINANCE”, Section 6: Election Results, Paragraphs 4 and 5 state the
conditions that constitute grounds for an election to be contested or challenged,
(Reference (b))

d. The parties were notified by the Elections Board of this hearing.

2. Basis of Contest {Challenge _
a. The Anita Hammonds Blanks’ letter of November 24, 2035 timely contested the

District 9 Tribal Council Election.

d. The impact of the four (4) ineligible votes in this elaction is substantial because the *
result of the ineligible Votes could determine the outcome of the élection.

3. Discussion of Case .
a. The Lumbee Tribal Elections Board independently verified that the four (4) voters

boundaries of District 9, SO

c.” There Is no means ta verify which candidate the four (4) ineligible voters cast their ballot
for in the District 9 Tribal Council Election. .

d. After a recount by the Lumbee Tribal Elections Board, the total vote count difference
between the two candidates for the District 9 Tribal Council was three (3) votes: Elaine
McNeil Collins 200, and Anita Hammonds Blanks 197.

4. FINDINGS : :
a. That there were material and significant voter irregularities that occurred during the
District 9 Tribal Council Election on November 17, 2015,

i. Material —~At least four ineligible voters voted in the District 9 Tribal Council
Election

ii. Significant - The number of ineligible votes is greater than the difference in the
total vote between the candidates ,

€. Given the number (four) of material and substantial irregularities, this Board cannot
certify the election results for the District 9 Council seat,
Lumbee Tribe of North Carolina

The Desk of the Tribal Clerk

Record of Posting

Tribal Ordinance: CLLO-2005-0002

Posted Date:_ 03/21/19

Presented to Tribal Chairman for Review:___03-21-19 VIA EMAIL

Signature or Veto date:

Reason for Veto:

fSuter
Date
etl,
s Suet rye 4
ge %
? TRIBA, 3
de 29 : \3-2/-
od 3) CLERK Sf
Belinda Brewer on S
Wp

Date
» ss"
Tribal Clerk Designee of the Lumbee Triba of Nar GS a
CERTIFICATION

THIS GLLO-2005-0002 “ELECTION ORDINANCE” AMENDED AT A MEETING QF THE TWENTY-ONE (21} MEMBER
TRIBAL COUNCIL OF THE LUMBEE TRIBE OF NORTH CAROLINA WHERE MEMBERS WERE NO

CONSTITUTING A QUORUM, THIS THE 217 DAY OF MARCH 2019 BY A VOTE OF 1A Yes 4
AND ABSTENTION(S).

C2 ORO, rant Ge oo moo 4-2t- 20) at
ATTEST: RICKY BURNETA \ DATE
Speaker, Tribal Council of ti8Lumbee Tribe of North Carolina

iW Leribe TV oprnc” Nahar! Br21-201F
ATTEST: WENDYAIDORESGRAHAM DATE
Secretary, Tribal Council of the Lumbee Tribe \ North Carolina

2 LS) Of Fiddlg
‘HARVEY GOD@IN JR. v4 DATE .

Chatrman, Lumbee Tribe of North Carolina

POSTING

N9540002 "ELECTION ORDINANCE" duly ei ii on the Ll say of MARCH, 2019,
B pal

sw

Lith tpg 5-21-19
ATTEST:-SELINDA BRENER Y oa
Tribal Clerk Dasighae, Lumbee Tribe of North Carolin "bo

THIS GLL.O:

Office Of Tribal Enrollment And Records ‘ Wednesday, October 6, 2021

EE 7,
9% i PO Box 2709
Ny ‘8 Pembroke, NC 28372
¢ * Phone: (910) 521-2843
io = Website: www.lumbeetribe.com
4 ~
(e) pod

RTH CR
Certificate of Tribal Enrollment
Name: DAVID LOCKLEAR Photo:
Date of Birth: a Enrollment Status: ENROLLED
Resolution Number: Enrollment Number: (RR

Resolution Date:

Address (Mailing): 2822 SADDLETREE ROAD
City: LUMBERTON, NC 28360 County: ROBESON

Address (Street): 2822 SADDLETREE ROAD
City: LUMBERTON, NC 28360 County: ROBESON

Comment

CHART# 10747 NO EXPIRATION DATE

Kura 1 en

Enrollment Director Authorizing Signature
Reena O. Locklear

Office Of Tribal Enrollment And Records BEE Tp,

PO Box 2709 ,
Pembroke, NC 28372 + :
Powered by: Phone: (910) 521-2843 9
4 Progeny®." page 1 of 1 Website: www.lumbeetribe.com a,
"H

CNR

LUMBEE TRIBE OF NORTH CAROLINA

CLLO-2005-0002 DATE: May 4, 2005
Amended: March 21, 2019

WHEREAS, The Lumbee Tribe of North Carolina, a recognized Indian Tribe of the State
of North Caralina, subject to the Constitution of the Lumbee Tribe of North Carolina and
its inherent powers of self-government; and

WHEREAS, Article Vil, Section 1 of the Constitution of the Lumbee Tribe of North
Carolina delegates all legislative authority te the Tribal Council; and

WHEREAS, Article X of the Constitution of the Lumbee Tribe of North Carolina
establishes an independent Ttbal Elections Board and the method in which the
Elections Board shall be seated, and

WHEREAS, Article X authorizes the Tribal Council to adopt ordinance (s), which shall
govern voter registration and the conduct of all regular and special tribal elections and
any other matters, specified herein.

THERE. FORE, Be it enacted by the Tribal Council of the Lumbae Tribe of North
Carolina the following ordinance that shall be cited as “ELECTION ORDINANCE."

SECTION 1: QUALIFICATIONS OF ELECTIONS BOARD AND ALTERNATES

1. No person whe Is elacted , Appointed, or employed with the Lumbee Tribal
government shall serve as a member or alternate on the Elections Board
(hereafter referred to as "Board",

2. The Board members and alternates shall be an enrolled member of the Tribeand
at least 18 years of age at the time of thelr appaintment to the Board or when
selected as an alternate.

3. Members and alternates shall be appointed according to Article X, Section 2 of
the Constitution of the Lumbee Tribe of North Carolina (hereafter referred to as
“Lumbee Constitution’).

4, When appointing a member to the Board, each appointing committee shall also .
select an alternate that shall be appointad to the Board if his or her district séat
becomes available due to disqualification or resignation of the district Board
member.
7. Distributing a list of voter addresses and any other contact information approved
by the tribal membership to candidates in 4 format to be determined by the
Board;

8. Publishing and posting sample ballots:

9. Completing an alphabetical ordering of candidates for ballotarrangement:
10. Preparing ballots:

sald ballots for a bariod of one (1) year from the date of the election or until any
cantested election Is resolved, whichavar is later.

SECTION 4: CONDUCT OF ELECTIONS
1, Ballots

humber of vote(s) a voter can cast.
(50) of the entrance to any polling site while an election is In progress. The
Board may establish additional procedures on slectioneéring,
S. Candidates may submit two names to serve as thelr respective designated

watchers for each poillng place, one of which shall be an alternate. Poll
watchers:

i

it

if

lv.

Must be an eligible voter:

Must be clearly identified by a badge, armband or other appropriate
identification to be issued by the Board:

Are prohibited from conversing with voters and Election Precinct
Committee members. Any disruption by watchers will be cause for
their removal from the polling site; and

Are to remain only in areas designated by the Board.

» Inthe event that an advocate is not available for a polling site, the

Board shall have In Place procedures to uphold the integrity of the
vating results at that polling site,

4, Use of Vating Machines

a. No voting machine shall be used in any election unlessit:

i
ti

if

Secures to the voter Secrecy in casting his or har ballot

Permits the voter to vote for any candidate and as many candidates
for which the voter has a right to vote: and, where marked ballots
are used:

is capable of correctly counting ballots on which the proper number
of votes have been Marked for any candidates or measures that
have been voted; and,

Is capable of totaling votes by candidate and totaling votes for and
against each measure on thebaliot,

b. Ifa voting machine becomes inoperative, the Board shall repair the voting
Machine at once or substitute another voting machine. If no other voting
d. The Board shall compare the signature on the return envelope with the
signature on the voter's signature form. If the signature is absent or does
not match, the absentee ballot shall be rejected. The entire rejected
absentee ballot shall be deposited unoperied ina separate, secure box for
invalid ballots. If the signatures match, the ballot shall be deposited in the
locked ballotbox,

©, For ballots placed in the locked ballot box, the Board shall record the
return of the voter's absentes ballot by and through @ process that will
identify the voter as having voted by absentee ballot The process shall
provide Information to be used on the day of election, to identify those
voters who have already cast a vote and to prohibit the voter from casting
a second vote.

3. Security of Ballots

a, Returned absentee ballats shalt remain In the designated post office box
until retrieved by the Board,

b. The Board may retrieve returned absentee ballots during the timeframe of:
i, Not more than two (2) days before the election, and

"fi. After the desdiine for absentee ballots to be returned, but before
the beginning of theelection,

c. In the event the post office bax Is no longer adequate or workable, the
Board shail secure a comparable means for assuring the security of
batlots.

d, Following the counting of ballots, The Board shall store all bailots, upon
approval of the Tribal Council, in such a manner that will insure the
safekeeping and security of said ballots fora period of one (1} year from
the date of the election or until any contested election is resolved,
whichever Is tater,

SECTION 6: ELECTION RESULTS
1, During the canvassing of election results, the Board shall:

a. Judge the applicability of absentee and questioned ballots, shall open and
tally those accepted, and shall compile the total votes cast In theelection.

b. Review the tallies of the recorded vote to check for mathematical error by
comparing totals with other tallies such as the number of ballots issued,
signatures, and other data,

6, Corract all obvious errors found during the canvassing.
b. The candidate, or any person authorized to act for such candidate, whose
tight to the office is contested, has given te 4 voier, election judge or election
clerk a bribe or reward, or has offerad such bribe or reward for the purpose of
procuring his or herelection.

c. The complaint must Identify the specific act constituting such alleged fraud
and the names of the alleged perpetrators of such fraud,

d. Iffraud ts proven on the partofa candidate, such candidate shall be declared
inetigible for the office for which he or she was a candidate. However, If the
allegations are not proven by clear and convincing evidence, the candidate
shall be declared eligible for the office.

5. An election result may be challenged on the basis of an allegation of irregularities
other than fraud only if such challenge alleges material and substantial irregularities
and of such a naturathat:

a. The outcome ofthe election would have been contrary to the reported result;
or

b. Proves it is impossible to determine with tmathematical certainty which
candidate Is entitled to be certified as elected, or in anelection concerning a
referendum, that the outcome of the election Is impossible to determine with
mathematical certainty.

c. The board may order a new election upon agreement of atleast 3 members
of the election board.

SECTION 7; ELECTION CERTIFICATION

1. After counting, iheballots shall be placed in ballot boxes, locked, and marked by the
Election Preeinct Committee with the name, polling site and the date of the election.

4. All unused, spoiled or rejected ballots shall be labeled and placed in the bajlot box.

3, The Precinct Judge and at least one other precinct committee member shaill
immediately return the locked ballot boxes containing all election ballots to the place
designated by the Board.

4, The Board shall certify all elected candidates to the seat or office in which they were
a candidate and/or certify the results ofa vote ona measure(s):

a. Provided that a challenge to election results or request for recount or
automatic recount has not been filed with the Board by 5:00 pm at the end of
tive (6) business days after the Board has announced the unofficial results of
the election.
LUMBEE TRIBE of NORTH CAROLINA
‘ELECTIONS BOARD POLICIES AND PROCEDURES

Adopted Noventber 17, 2016
Amended September 12, 2021
Amended September 19, 2021

SECTION 1. PURPOSE

1, Asan independent governmental ontity of the Lumbos Tribe, the Constitution
authorizes the Lumbee Tribe Elections Boatd (LTEB) to conduot regular and special
elections and to adopt rules and regulations governing elections, In exercise of such
authority, the Elections Board approves the following Policies and Procedures to
conduct elections in general all activities of the Election Board.

SECTION 2, DEFINITIONS

1, The Elections Board Policies’ and Procedures (BPP) adopt the same Definitions
contained in the Constitution, Elections Ordinance 2005-002, Amended 3/21/19 and
any other applicable Ordinances pertaining to Tribal Membership. ;

SECTION 3, ELECTIONs BOARD MEETING
1. Frequency, Tima and Location of Meetings, Meetings of the Board shall be held

monthly, 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 advance notice
required in SECTION 3.8 below and shall be open to the Tribal membership and any
other person that Tribal Council may. designate to attend,
2. Meeting Agendas. Hach meeting of the Board will proceed in accordance with Robert
Rules of Order, An agenda will be prepared at least five (5) days in advatice by the
Board’s Chairman, The agenda will include the following items in the following
sequence:

a Call to Order, The Chairman calls the meeting to order

b. Invocation, The Board's meetings will open with prayer.

e Roll Call, The Secretary performs roll call, noting all Board tiembers, staff

members, Tribal Council members and others visitors present, and noting any
Board members absences and whether the absence are excused,
k. 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 Board
metabers and the public receive proper notice,

L Adjournment, The Chairman will adjourn the meeting,

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

the privacy of Closed Session, Such itemy may include, but not limited to, the review or

drafting of legislation by Tribal Council, roles, or regulations, election policies, or public

communications with the Tribe’s Administration, Representatives or Tribal Council,

Such items may include the review of the Boatd’s by-laws, tules of procedure, code of

ethics, mission, goals, or budget,

4. Closed Session, The Board shall enter Closed Session to discuss atry item necessary

for confidential discussion. Closed Session are permitted when the Board considers

personnel matters or confidential attorney/client privilege communication(s) or

fundamental rights of tribal members, ‘ ;

5. Decorum, The proceeditigs of Board Meetings shall at all times be respectful and

maintain a decorum appropriate for cartying out of official Tribal business,

6. Public Participation. When members of the public attend Board Meetings, the

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

public comments will be available duting Public Comment period on the agenda.

7. Quorum, A simple majority number of Board members notwithstanding vacancies

shall constitute a quorum. Business shat! ouly be conducted at a tneeting when a quorum

is present, .

8. Notice af Meetings

a. Public Notice, The Board shall schedule regular mectings skx (6) weeks in
advance and post public notice, In the event, any regular scheduled meeting ig
changed, the Board must provide public notice of the meetings at least five (5)
days in advance by any appropriate and effective means, Such appropriate and
effective means may include on social media open to Tribal members, The Board
tay also schedule spectal meatings when necessary ty carry out its duties and
functions, . :
b. Notio eof Board Members, Ifa Board tember is present during a Board meotlng

when date, time and location of a future meeting is scheduled, that Board member
will deemed to have received notice of tho meeting,
record to be made, of the proceedings of all meetings of the Board and its committees,
These records must take the form of Minutes. At each meoting, the Secretary shall
present the Minutes of the immediately preceding meoting for the ceview of all Board.
tmombers. Upon the Board’s minutes and the notation of any revisions, the Secretary will
note whether the Board passes a motion to approve as presented or a amended. In the
event, the Minutes are approved as presented, the Secretary will immediately sign them,
‘The Secretary shall do such other duties as may prescribed by the Board or delegated to
the Secretary by the Chairman;

5. Treasurer's Duties, The Treasurer shall be responsible to the Board’s budgetary
proceedings in preparation for the Board’s proposed budget for the yearly election by
July and the your-end expenditure report by March after yearly eleotion. Tn the event, of
8 special election the Treasurer will follow the policy cited in Section (3.2, h,), The
‘Treasurer, with prescribed duties of the Chairman, will ensure that the Board’s proposed
budget is mailed and received by the appropriate authorities of the Tribe, cited in Section
(3.2.h,) of the EBPP for the Tribal Council fo approve, The Treasurer will ensure that the
Board’s budget follows the fiscal year October to September, The Treasurer shall, or
cause to, make certain that adequate fiscal control exist to safely guard the Board's .
budget and follow procedures and policies for the Board’s mission and goals, The
Treasurer will present an oversight.of the monthly financial report to the Board's regular
meetings and shall be co-signature of the Board’s budget bank account,

6. Clerk's Dutles. The Clerk shall be responsible to the Board for the following
duties: : ;

* Answer telophone calls, areet and assist visitors, tribal members, and operates
a vatloty of office equipment
* Interact with voters and Tribal Enrollment in maintaining accurate meinbership

tecords .
* Assist with the maintenance equipment and retaining secure records (record
keeper)

* Actively participates in all Elections Board meetings ;

* Setve as the purchasing agent (supplies, equipment, printing, etc.)

* Serve as an accounts payable clerk (pays rent, receipts incoming payments,
advertisements, ete.) : :

* Receive and process all candidate/voter applications
* Organize polling places and prepare ballots
a, Any candidate may request the use of one or more of the following as the
hame of the candidate on the ballot:
i, Their given name .
ii, Contraction or familiar form of a given name; or
' di, Nickname
“ b, In the event that two candidates have the same given name candidates have .

the option of using a title ot description
A name on candidate on ballot form shall be completed by the candidate within 10
days of notification of certification by the Elections Board,

2. The candidate’s oligibility is pursuant to the Lumbee Constitution, and whereas the
Election Board’s authority shall be to canvass the candidates’ applications after the
closing date of filing and within five (5) days certify those who are eligible to run,
once the Board members have voted to certify, In the absence of a definition for
tesidency in the Lumbee Tribe of North Carolina’s constitution and in the
Elections Board ordinance, this Board shall adopt the following residency
definition for certification purposes: “That place shall be considered the residence
of a person in which that Person's habitation is fixed, and to which, whenever that
person ts absent, that person has the intention of returning,”

3. All the Board’s members shall sign the Candidate Certification Document and
provide copies to the Tribal Council Speaker, the office of the Tribal Chairman,
the Supreme Court, and candidates,

4, Wan allegation is made by any tribal momber against a candidate, that individual

member shall be required to provide the burden of proof in writton form to the Election
Boatd. The Board will proceed to investigate the allegation that has been raised within -

- five (5) days of the receipt,

5, Any matter decided or certified by the Tribal Elections shall be deemed final Tribal
action and shall be reviewable by the Supreme Court of the Lumbee Constitition,

SECTION 8, POLL JUDGES
1. Atleast sixty (60) days before the Election Date, the Clerk of the Election Board
will publish an announcement in the media of the Election Board’s choice, requesting
applications of qualified individuals to serve as Poll Judge on the day of the election,
2, Candidates to the Poll Judge position will be asked to fill out an application that
will allow the Board to establish whether or not they moet the qualifications. The Board
#2005-002 Amended 3/21/1 9, Section 6.4, The challenge must include detailed and

_ accurate information to allow the Board to, thoroughly investigate allegations presented,

3. Provisional Ballots, A provisional ballot is used to record a vote when there ate
questions about a given voter’s oligibility, A provisional ballot would be east when the

. voter's name does not appear on the electoral roll for the given district or the voter's

registration cotttains inaccurate or outdated information,
4 Provisional Ballots are counted if:
Y A candidate request that Provisional ballots be counted,
) The number of provisional ballots could make a difference in the outcome
of the election, ;

'b, After conditions are met; within five (5) business days after the Elections Board
has announced the unofficial results of the election, the candidate must submit a
request in writing for a count of the provisional ballots,

¢, Ifthe Board approves the counting of the Provisional Ballots, the candidate/s will
be notified of a date, time and location for the count within five (5) business days,

d. When granted by the Board, the counting of provisional ballots will be conducted
at the Tribal Enrollment Office, All Hleotions Board Members, the Tribal
Enrollment Manager (hereafter referred to as Manager), the Legal and
Compliance Specialist, the Candidates and or a representative for the Candidate
should be present for determining: verification of enrollment, district residence,
and active tribal enrollment status.

¢. Provisional ballots will be conveyed to the Tribal Enrollment office by the
Elections Board’s Chairman, Members of the Elections Board, the Manager, and
the Legal and the Compliance Specialist all will sign the verification form that the
Provisional ballot container’s carabiner numbered seal on the security bag is
intact, ‘

£ The Board Chairman will break the carabiner numbered seal of the provisional
ballot’s security bag and the Board Secretary will record the carabiner numbered
seal in the presence of witnesses in attendance, as proscribed in SECTION 10,3.d,

& The Board Chairman will remove provisional ballot envelopes, one at a time, and
place the voter's envelope on the Manager's desk in view of the Board Chairman
and the Manager, without pronouncing the name of the voter, The voter’s tribal
enrollment status will then be determined as will the voter's assigned poll for
}

Adopted and signed this the 17th day of November, 2016
Amended and signed this the 12th day of September, 2021
Amended and signed this the 19th day of September, 2021

Korner oh. tule Ofy L— :

Larmari Louise Mitchell, Chairman Dr, Chris opher Clark, Vice Chairman
Tribal Elections Board tribal Elections Board

“polices Gack fbb OMal uk!

Rnbatena Hunt Locklear, Secretary : Linla.Maynor Oxendine, Treasurer
Tribal Elections Board Tribal Elections Board

cle

Tommy-€dx Hoard Member
Tribal Elections Board

If
\
Co
LTNC—C & O committee — 10.05.2021 ;
This transcript was exported on Oct 13, 2021 - view latest version here. KR \

Speaker 11 (01:10:46):

Um, next on the agenda is tribal elections board residency definition. Um, | got a copy of evidently there
was a complaint on residency and the, uh, elections board developed a policy regarding residency,

Speaker 11 (01:11:13):

As far as my opinion goes with this. Uh, | think that the, um, board was within its right to develop a
policy on residency. | think that, uh, they're going to get, uh, a lot of response from this particular
definition. It, it, I'm going to read an excerpt from, um, a letter that states the by Mr. Dr. Christopher
Clark vice chairman of the Lumbee tribe of North Carolina elections board. It says since the Lumbee
tribe, north Carolina's constitution and elections board ordinances, or both silent in defining principal
place of residence, this board has adopted the following as a working definition for candidates
certification purposes. That place shall be considered the residence of a person in which that person's
habitation is fixed. And to which when they ever, that person is absent, that person has the intention of
returning. And it refers to, um, some, uh, section that it was says it was an elections board, uh, policy
section seven, number two, amended September 19th, 2021.

Speaker 11 (01:12:55):

And like | said, the board is within its rights to develop policy. And, um, my position is to leave it as is
move forward and allow the Lumbee people to, um, deal with the policy, the new, new policy amended
policy regarding the elections board. Uh, | am very, very hesitant when you use something with intent
because intent subject, if, uh, we, if it wasn't many years ago, there was a tribal council member who
had an intention of resigning and who even wrote a letter to state that fact. But for some reason it never
happened. So the intentions might be on a robo. What, um, in Tiant, uh, is a big, big, big area and very
subjective. But, um, I'm going to, | just wanted to bring that to the council, the constitution in ordinance
committee, the tribal membership in attendance. | wanted to bring that to your attention, and I'm sure
based on, uh, some Facebook warriors, we're going to see more, uh, regarding this particular policy. Is
there any, anyone that has anything regarding this?

Speaker 13 (01:14:40):

| think we're the lawmakers. | think we are to make a wall that defines what we intend and what we
want. We don't leave any ambiguity there. We have, um, | can speak from my own personal situation.
What | was involved in when | ran for the seat or asked to run, | had my house was going to sell it. My
intentions was to stay in this district and, and to live there with their 40 years, uh, when | got in the
house under contract, | brought it to the council and the emptiest committee. When | sold the house in
with my daughter with intentions of still moving up, purchased the land, I'm living on the land. | think
the intentions, what is my, my uncles went to Baltimore or Maryland and Pennsylvania, and lived and
intended to come back home when they retired. So that was 30 years later.

Speaker 13 (01:15:44):

We see that there's a big window. You see what I'm saying? | think we need to close that window and,
and make it within a certain timeframe. If you're remodeling your house, naturally, you're going to move
back in the house. When you get the remodel. If you're building a house in another city and you just
lived in another city in another state, and what's your intention is you're going to be able to house
somebody to sit there, empty in another city, out of our district. So | think we need to be, find it better
that keep family unity out of it. And | think that's what this Canadian, our laws should reflect. And we

2021-10-05 18-26-40 (Completed 10/13/21) Page | of 8
Transcript by Rev.com
LTNC —C & O committee — 10.05.2021

5

This transcript was exported on Oct 13, 2021 - view latest version here.

shouldn't change it after filing, you know, the rules that happen prior to filing. And |, | don't think they
changed the rules, but they're trying to define with after filing beef, it should be fun before filing. So
that, | just think we just need to be clear.

Speaker 11 (01:16:39):
Thank you, Mr. Gillespie, Mr. [inaudible]

Speaker 16 (01:16:46):

Sorry. Take a look at the constitution Ms. Wendy. Um, and that's the governing document that the
election board follows the constitution does not define what residency is. It just simply says primary
place a residency. Um, but then you have to look at the election board section. It only gives the election
board, the authority to, um, | am scrolling here, uh, regulate under the authority of the constitution. It
doesn't give them the authority to define what the constitutional, the wording of the constitution. So in
my opinion, just based off what Ms. Goosy said, it would be best of the interest of this committee to
fieip teceriie Gi define or amend the constitution to reflect a true definition or provide guidance to the
election board. Um, because again, | think your opinion was that they, you know, they're when they're
well, right? But in my opinion, just looking at the document of the constitution, they only have the right
to govern rent, voter registration. And | picked the doc all regular special tribal elections. They don't
have the authority to define what primary residency is, which what, what the constitution defines it as
that's just my opinion. Okay.

Speaker 11 (01:18:03):

Um, | actually reached out to Dr. Orlando [inaudible] and me. | reached out to her, um, regarding, um,
constitutionality of whether they were creating law versus creating policy that's, uh, that's, uh, a big
gamut. Um, Dr. Locke clear if you give me just a second, trying to see, got her email out, but Dr. Locke
clear, stated that she felt they were within their right to determine policy. Uh, she did not feel that it
was amending the constitution for them to do an election practices, even though | agree that the
mention of intention is to broaden the area. | agree with that. Um, I just want to get feedback from the
committee to see how they feel we need to proceed. And | do greatly appreciate your interpretation,
Mr. Malakai. Thank you.

Speaker 17 (01:19:49):
Uh [inaudible]

Speaker 11 (01:19:59):

Um, based on the constitution, young, new way to amend that document is three referendum. Uh, you
have go to the Lumbee people, uh, to, uh, amend the constitution. We, as tribal council don't have the
authority to do it. The Supreme court doesn't have the authority to do it, nor does the tribal chairman or
any other board have the authority to do that, that power lies in the people themselves. Um, Mr. Corey,

Speaker 14 (01:20:32):

Yes. Ma'am. Um, in reading Dr. Clark's letter, that the first thing that caught me, of course, besides the
definition was the initial wording where it said since the tribe's constitution and our election board
ordinance Newton were both silent. | think that's the key thing | agree with Mr. Goldsby having served

2021-10-05 18-26-40 (Completed 10/13/21) Page 2 of 8
Transcript by Rev.com
LTNC —C & O committee — 10.05.2021

This transcript was exported on Oct 13, 2021 - view latest version here.

for five years now. | have seen just multiple situations. A lot of times we get caught up in black and
white reading and reading it moving forward. But when you start talking about buying and selling a
home, renovating a home, totally moving out of your district, you know, I've mentioned a number of
times that we don't have anything that says once you represent or are elected in to represent a district
that you continue to reside there. | think we really need to take some time. You know, we, we got this
information to David. | think we need to start now talking to people, doing our own reseaich, really
thinking through what a council member is going to go through. And in three years time, and, and
what's best for the people to make sure they get adequate representation. But | think it is on this
committee and this council shoulders to tail the election board, what our definition is as we've heard
from our people. Thank you.

Speaker 11 (01:22:23):

Am | okay? | apologize. We, when we wrote the constitution, we were under the impression that when
you write some papers go fall, like, you know, but we didn't do that devil's advocate thing. Um, we
didn't take into consideration that sometimes there are things as much as a natural disaster that could
happen, that could cause a person to have to leave their primary place of residence or their prints for
residence. Um, that's happened to many of our tribal membership in the last, in 2016 and 2018. So!
think, | think we've got a lot to consider, um, with regard to, uh, the residency, uh, issue. | think we just
need to look at the elections board ordinance as a whole, because, um, from my understanding per, um
Ms Louise's request, she requested that we look at, uh, the elections board versus a court hearing and,
and the court opinion seems to be in direct conflict with the elections ordinance. So [inaudible], we
could, if we could have a motion to reconsider the elections ordinance and look into these issues, | will
greatly appreciate her emotion regarding looking at the elections board ordinance.

7

Speaker 1 (01:24:08):
Ms. Ms. Moore, Ms. Madam chair.

Speaker 11 (01:24:11):
Yes. Mr. Oxendine.

Speaker 1 (01:24:16):

So, so could we, could we consider, um, accepting their, uh, statement as of now two weekend, uh,
further review it thoroughly? Uh, could, can we do that or are you saying that's in conflict with what our
opinion of how that should be?

Speaker 11 (01:24:35):

No, | was more than willing to let the Lumbee people decide how to deal with the elections board with
regard to their definition, but looking at the elections ordinance, we can look at that because they are

saying that they're not amending the constitution, they're actually defining it for the purposes of their

policy

Speaker 1 (01:25:00):

And their policy, um, aligns with our committee committee stalled on that. | mean,

2021-10-05 18-26-40 (Completed 10/13/21) Page 3 of 8
Transcript by Rev.com
LTNC —C & O committee — 10.05.2021

This transcript was exported on Oct 13, 2021 - view latest version here.

Speaker 11 (01:25:08):

| have not seen their policy, sir.

Speaker 1 (01:25:11):

There was the statement that Dr. Clark, uh, shared with us in there. Um, the, we accept that as that, um,
seem reasonable. Um, or are we going to try to define it better for them?

Speaker 11 (01:25:28):

| think we're obligated to do better where we are, um, looking at a statement that is, uh, Katy bar, the
door, um, kind of statement and it's the ambiguity will be, um, something that we're going to deal with.
If we allow it to go forward, it will be something that the Lumbee people will deal with for some time to
come. Um, what's the wishes of the community, Mr. Richard?

Speaker 15 (01:26:14):

Yes. Ma'am my question was, did | hear Mr. Goosby say that made the policy after the fouling? Is that
what you said, Mr. Gold?

Speaker 13 (01:26:25):

And they come with a definition after the violence? Yeah. They come with a definition after, cause there
was nothing, there was a complaint or, or something, and then they defined it after,

Speaker 15 (01:26:42):
Okay, thank you.

Speaker 11 (01:26:47):

It does not look whale to, um, do a definition after the election process begins because PayPal already
have their opinion of what principal residency is and I'm sure any candidate file had their idea of what
prince for residence was, um, for it to be something that's done in the midst of an ongoing election like
that, um, it, it causes me Powells to say the least. Does anyone else have any recommendations of how
to proceed?

Speaker 13 (01:27:33):

Um, | know I'm speaking a lot, but I'm not sure | agree with you on it. It gives me pause. It makes it look
like the election board is showing, uh, or we, we, we, the ones that get the blame for showing favoritism
and bending the rules for a particular candidate, whoever that candidate is. And I think it needs to go
back. Then they got to have proof of residency the year before they file and leave it at that for this
election cycle and do a deeper definition for the ones here forward because that's the constitution. And
I didn't intend, | didn't want anybody to think. | was saying change the constitution. | was saying we got
the laws to support the constitution and it didn't the court systems. The other thing it needs to stay the
same.

Speaker 11 (01:28:26):

Um, Ms. Jennifer, Ms. Jennifer.

2021-10-05 18-26-40 (Completed 10/1 3/21) Page 4 of 8
Transcript by Rev.com
LTNC —C & O committee — 10.05.2021

This transcript was exported on Oct 13, 2021 - view latest version here.

Speaker 18 (01:28:44):

Sorry. | was, um, that was good stuff. Y'all missed out on me. Um, so they're not, they're not trying to
retroactive this definition. Correct.

Speaker 11 (01:29:02):

Can you hear me? | don't, I can't tell you what they were trying to do it. I can't, | can't speak for Dr. Clark,
but it looks, you know, based on the definition coming in, in the midst of an election, it looks like they
were trying to do something that should have been done prior to the onset of any election. It shouldn't
be in the middle of the cycle or almost did the end of it at the filing.

7

Speaker 14 (01:29:38):
Okay. And it also came, | think, after a complaint or something, | think they had an issue.

Speaker 18 (01:29:46):

Well, | mean, | can appreciate them attempting to put something in place going forward, but it's
irrelevant to the current election or it should be. And that definition at best counsel should shoot it
down. That, to say that my primary resident is determined by the fact that I'm going to, it's a fixed place
that | intend to return to. Um, when | leave the house, that's anytime I'm down home, I'm going right on
back to where it is that whoever I'm staying with with family. So that's, that's, that's more problematic
than what they currently do or don't have. That's just my opinion.

Speaker 11 (01:30:32):
Thank you, Ms. Jennifer. Yes. Mr. Corbin.

Speaker 14 (01:30:40):

Um, | would suggest that that moving forward, we do put the ethics ordinance on the next committee
meeting agenda, and that we begin the process. Don't expect this to do it in one meeting, but we begin
to begin the process of defining residency and residency requirements so that there won't be a question
or a need for a policy development by the election board going forward.

Speaker 11 (01:31:07):

So did you say ethics or

Speaker 14 (01:31:10):
I'm sorry, I'm sorry. I'm sorry. The election ordinance. Thank you. Ma'am

Speaker 11 (01:31:19):
Okay. Do you move forward with that?

Speaker 14 (01:31:23):
Yes. Ma'am that we put that on the agenda for the next week? Yes. Ma'am

Speaker 11 (01:31:28):

2021-10-05 18-26-40 (Completed 10/ 13/21) Page 5 of 8
Transcript by Rev.com
LTNC —C & O committee — 10.05.2021

This transcript was exported on Oct 13, 2021 - view latest version here.

Restated for the secretary place.

Speaker 14 (01:31:31):

! would make a motion that we put the elections ordinance on the agenda for our next CNO committee
meeting. As we begin to for one look at residency definitions.

Speaker 11 (01:31:46):

| have a motion by Mr. Eddings to put the elections board, uh, ordinance on the table for the next
constitution and ordinance committee meeting. And | have a second by speaker Burnett, any discussion.

Speaker 1 (01:32:04):

| have some discussion on that.

Speaker 11 (01:32:10):
Okay, Mr. Oxendine and miss Barfield.

Speaker 1 (01:32:16):

| would just maybe consider adding to that motion, uh, the language where we are accepting the, uh,
recommendation from the, uh, from the elections board until we're able to review at the next meeting.
Cause, cause that's what we're doing. Seems like if you're not making this,

Speaker 11 (01:32:42):

| don't know about my inter bout anybody else's interpretation, but we are not moving to accept this
policy at any. | I'm not now | can't speak for anybody else on this committee, but I'm not, I'm not moving
to do that.

Speaker 14 (01:33:02):

Yes, sir. Yes. Ma'am. If we begin accepting or rejecting policies, | think we've stepped outside of the line.
Um, | don't know that we've accepted any administrative policies, any election board policies in the
past. | think this was something they did in their capacity as the election board, which we did appoint,
but | don't. | agree. | don't feel this is something that we would accept or reject that if we want to
correct that we correct it through writing or amusing law.

Speaker 11 (01:33:37):
Ms. LeClaire, Ms. [inaudible]. | apologize, Ms. Rebecca, Ms. Carver has had her hand up to I'm sorry, Ms.
Karvea close.

Speaker 19 (01:33:50):

Uh, my question too. | hope you can hear me well, bad reception, um, because of the weather, but what
my concern is and what | need clarified. What do we do with this at the present time with this particular
election? That's my question.

Speaker 11 (01:34:15):

2021-10-05 18-26-40 (Completed 10/13/21) Page 6 of 8
Transcript by Rev.com
LTNC —C & O committee — 10.05.2021

This transcript was exported on Oct 13, 2021 - view latest version here.

Based on, um, Mr. Eddins is, uh, we have no authority to accept or reject their policy. We've never done
any pot anybody's policies, but we do have the right to review, um, the ordinance, um, as far as whether
or not, you know, what impact it has on this election. |, if someone brought charges against the elections
board for on it, the core behavior of adopting a policy in the middle of an Ongoing election, that could be
something that might be viable. | really don't know Ms. Corvette, because, because we're dealing with
policy, Um, Ms. Rebecca I'm good. Wayne, do y'all have a question now, Mr. Malakai,

Speaker 16 (01:35:23):

Just ask the question. It sounds like the motion that Corbyn made was to review the election ordinance.
When I'm looking at the current one on the site, it, does it talk about a residency. It only governs or gives
insight into how the election process should take place. So it sounds like the ordinance would be
amended if that's the case, but still though the constitution says primary principal residency. So that's
where I'm, I'm I'm questioning whether or not are we providing a definition of that or are you amending
the constitution? Because if you're amending the constitution, then as you said, Ms. Wendy requires the
vote of the people. So the ordinance does not mention anything about residency. It just gives the
governance of the election board and how our election process should work. The constitution defined
residency, and according to definitions of tax Purposes, primary requisite, primary residence residency is
a place that the person mainly lived at. So again, that's where my question is, if your amended or
defining what that definition is, then it's required to go through the constitution process. Not important
because that ordinance does not reference residency, just giving clar :

ryniavle aFine tha Rinne! "

Speaker 11 (01:36:45):
To my knowledge, Mr. Malakai, there is no reference of residency +

there's 4 primary principal place, bui as far as the UetinitiGi we

not going to amend the
constitution by no stretch of the imagination. We're just looking at the election sport ordinance and
moving forward to see how we can proceed without impacting the dynamic of the existing constitution
as it stands. Anyone else?

ny,

Speaker 13 (01:37:36):

| agree with what is said about the constitution. | think right now we're looking at defining the
constitution right now, this current election. | don't think anybody's got a leg to stand on unless to go to
Supreme court, as it relates to a challenge of this particular statement or anybody's right to run, it will
be the Supreme court that would have to decide that we can make laws. But right now, | don't think we
can do anything about the current situation other than ever, who wants to file a complaint to the court
and let the court set.

Speaker 11 (01:38:12):

And that was my position from the very beginning was to let it be, as it is. And any anybody feels that
they want to challenge it. They're welcome to, um, but we will be looking at the elections board
ordinance. Uh, in November we have a motion on the floor. That's been duly seconded. Madam
secretary roll call

Speaker 10 (01:38:41):

Mr. [inaudible]. Ms. Barfield. Yes. Mr. Joel. Goldsby Mr. Harold Smith. Ms. Pam haunt, Mr. Terry
[inaudible] Mr. It's. Mr. Richard Jones. Mr. [inaudible]. Mr. Van Dao. Yes. Mr. Alvin Mercer. Yes. Mr.

2021-10-05 18-26-40 (Completed 10/13/21) Page 7 of 8
Transcript by Rev.com
[OCR skipped on page(s) 31]

[Read from a scan; the first 30 pages.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alumbee%3A7aec70effe18e98d. Public record. Not legal advice.