1. PRIMARY AND GENERAL ELECTIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
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TITLE 19. ELECTIONS
COKVSATKV
Chapter
Section
1. PRIMARY AND GENERAL ELECTIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
2. ORGANIZATION OF ELECTION BOARD AND PRECINCT
ELECTION COMMITTEES. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101
3. GENERAL ADMINISTRATION. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 3–101
4. REGISTRATION. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101
5. CANDIDACY FOR OFFICE.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–101
6. BALLOTS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 6–101
7. CONDUCT OF ELECTIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 7–101
8. CERTIFICATION AND CONTESTS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 8–101
9. SPECIAL ELECTIONS.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 9–101
10. ABSENTEE VOTING. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 10–101
11. CONSTITUTIONAL AMENDMENTS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 11–101
12. CRIMINAL VIOLATIONS AND PENALTIES.TTTTTTTTTTTTTTTTTTTTTTTTTTTTT 12–101
13. MISCELLANEOUS PROVISIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 13–101
14. AMENDMENTS TO TITLE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 14–101
Cross References
Attorney General, qualifications, preference for full citizens, see Title 16, § 3–109.
CHAPTER 1. PRIMARY AND
GENERAL ELECTIONS
Section
1–101. Primary elections.
1–102. General elections.
1–103. Substitute candidates.
§ 1–101. Primary elections
On the Saturday immediately following the third Friday in September, 2003,
and every four (4) years thereafter, the citizens of the Muscogee (Creek) Nation
shall nominate their candidates for the offices of Principal Chief and Second
Chief for the next following general election, unless otherwise provided by law.
On the Saturday immediately following the third Friday in September, 2001,
and every two (2) years thereafter, a primary election shall be held, at which
time the citizens of the Muscogee (Creek) Nation shall nominate their candidates for the offices of Representatives of the National Council.
[NCA 99–20, § 1–100, approved April 30, 1999; amended by NCA 01–50, § 2, eff. June
1, 2001.]
Library References
Indians O217.
Westlaw Topic No. 209.
335
Title 19, § 1–102
ELECTIONS
§ 1–102. General elections
On the Saturday immediately following the first Friday of November, 2003,
and every four (4) years thereafter, a general election shall be held, at which
time the Principal Chief and the Second Chief of the Muscogee (Creek) Nation
shall be elected. On the Saturday immediately following the first Friday of
November, 2001, and every two (2) years thereafter, the National Council
Representatives shall be elected.
[NCA 99–20, § 1–101, approved April 30, 1999; amended by NCA 01–50, § 3, eff. June
1, 2001.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 1–103. Substitute candidates
In the event of the death of a nominee for office, a substitute candidate will
not be permitted to have his name placed on the general election ballot. A
ruling must be made by the National Council in regards to any special election
to replace said candidate.
[NCA 99–20, § 1–102, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
336
CHAPTER 2. ORGANIZATION OF ELECTION
BOARD AND PRECINCT ELECTION
COMMITTEES
Section
2–101. Nominations and confirmation.
2–102. Terms of office.
2–103. Compensation of Election Board Members.
2–104. Election Board duties.
2–105. Chairman’s duties.
2–106. Office of the Election Board; hours.
2–107. Maintenance of records.
2–108. Removal of Election Board members.
2–109. Certification of registered voters.
2–110. Precinct Election Committee.
2–111. Judges, clerks and inspectors appointed by Election Board.
2–112. Removal of Precinct Election Committee members.
2–113. Inspector’s duties.
2–114. Judge shall serve as translator.
2–115. Duties of Precinct Election Committee.
2–116. Appointment of precinct workers.
2–117. Compensation of inspectors, judges, clerks and precinct workers.
2–118. Removal of precinct workers.
2–119. Eligibility for membership on Precinct Election Committee.
2–120. Disqualification of Precinct Election Committee members.
2–121. Conflict of interest prohibited.
2–122. Violations of Title.
Cross References
Election Board, see Const. Art. IV, § 1.
§ 2–101. Nominations and confirmation
The Principal Chief shall nominate a Muscogee (Creek) Nation Election
Board, hereinafter referred to as ‘‘Election Board’’, comprised of five (5)
members. The members of the Election Board shall be nominated by the
Principal Chief by submission of a Tribal Resolution to the National Council.
The National Council may at its discretion hold hearings on persons nominated.
National Council approval of the Tribal Resolution submitted by the Principal
Chief shall be required for confirmation of all appointments to the Election
Board. Nominations not approved by majority vote shall be returned to the
Principal Chief. Nominations returned shall be replaced by new nominations.
[NCA 99–20,§ 2–100, approved April 30, 1999; amended by NCA 03–052, § 2, eff. March
28, 2003.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 2–102. Terms of office
A. Staggered terms. The terms of office of the Election Board members
shall commence on June 1 of a calendar year and end on May 31 of a calendar
year in accordance with the following permanent schedule:
337
Title 19, § 2–102
ELECTIONS
1. Election Board position number 1: Term ending May 31, 2002 and every
five (5) years thereafter.
2. Election Board Position Number 2: Term ending May 31, 2003 and every
five (5) years thereafter.
3. Election Board Position Number 3: Term ending May 31, 2004 and every
five (5) years thereafter.
4. Election Board Position Number 4: Term ending May 31, 2005 and every
five (5) years thereafter.
5. Election Board Position Number 5: Term ending May 31, 2006 and every
five (5) years thereafter.
B. Nominations. The Principal Chief shall nominate an individual to serve
on the Election Board at least two (2) months prior to the expiration date of the
term of an Election Board position and said nomination shall specify the
Election Board position number, and the date of the expiration of the term for
the person to be appointed, said dates to be in conformity with subsection A of
this section.
C. Vacancies. In the event of a vacancy before the expiration of the term
for a specific Election Board position number, the term shall be for the balance
of the term for the specific Election Board position number in conformity with
subsection A of this section.
[NCA 99–20, § 2–101, approved April 30, 1999; amended by NCA 01–118, § 2, approved July 10, 2001.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 2–103. Compensation of Election Board Members
Each member of the Election Board shall be paid a stipend for attendance at
each meeting of the Election Board. The stipend for each Election Board
member shall be one hundred fifty dollars ($150.00) per meeting. Provided,
however, stipends shall not be paid for more than fifty (50) meetings per year.
[NCA 99–20, § 2–102, approved April 30, 1999; amended by NCA 07–104, § 1, eff. May
3, 2007.]
Library References
Indians O210, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–104. Election Board duties
The Election Board shall perform such duties as may be prescribed by law.
[NCA 99–20, § 2–103, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
338
BOARD AND PRECINCT COMMITTEES
Title 19, § 2–108
C.J.S. Indians §§ 57, 59.
§ 2–105. Chairman’s duties
The Chairman of the Election Board shall be the administrative officer of the
Election Board and (a) shall have general supervisory authority; (b) shall have
the authority to assign and fix the duties of personnel as may be necessary to
perform the duties of the Election Board; (c) may promulgate, repeal or modify
such rules or regulations as he or she deems necessary to facilitate and assist in
achieving and maintaining uniformity in the application, operation and correctness, impartiality and efficiency in the administration of this Revised Election
Code; provided, that such rules or regulations, to be binding and effective,
must be consistent with this Code and must have been officially adopted by the
Election Board; and (d) shall promote and encourage voter registration and
voter participation in elections.
[NCA 99–20, § 2–104, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–106. Office of the Election Board; hours
A. The Election Board shall maintain an office or offices continuously in the
seat of the government.
B. The office of the Election Board shall be located at the Tribal Capitol
Complex, Okmulgee, Oklahoma, and shall be open during the regular working
hours.
[NCA 99–20, §§ 2–105, 4–105, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–107. Maintenance of records
All records of the Office of the Election Board shall be maintained by the
Manager of the Election Board. Said records shall not be open for public
inspection unless otherwise provided by law.
[NCA 99–20, § 2–106, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–108. Removal of Election Board members
A. The members of the Election Board shall not be subject to removal from
office except for any one or more of the following causes:
1. Violation of the Election Board member’s oath of office;
339
Title 19, § 2–108
2.
ELECTIONS
Dishonesty, gross misconduct, or incompetence in office;
3. Willful neglect of duty as evidenced by excessive absences from duly
convened meetings of the Election Board;
4.
Conviction of a felony under federal, state, or Tribal law;
5. Committing any act or engaging in any activity which would constitute a
criminal offense involving dishonesty or morale turpitude under federal, Tribal
or state law;
6. Directly, or indirectly, engaging in any activities or transactions constituting a conflict of interest under the laws of the Muscogee (Creek) Nation or any
other applicable laws, rules or regulations; or
7. Violation of Subchapter 1 of Chapter 3 of Title 37 (Title 37, § 3–101 et
seq.) of the Muscogee (Creek) Nation Code.
B. A petition for removal hereunder may be filed by the Principal Chief or
any Committee of the National Council with jurisdiction over the Election
Board’s affairs upon a majority vote for removal by such Committee.
C. Any Election Board member accused of any of the causes listed in
subsection A shall be given a copy of the petition charging him or her and
afforded the right to respond to the charges and present witnesses and other
evidence in his or her defense at a hearing convened by the National Council.
The petition shall state the cause or causes for removal with sufficient particularity to put the accused Election Board member on notice of the nature of the
charges against him or her. Both the petitioner and the Election Board
member so accused shall have the right to be represented by an attorney at the
hearing, provided that the Election Board member shall be responsible for
paying his or her own attorney fees and other expenses in defending the
petition. The petitioner shall be represented by the Attorney General or, upon
the request of the petitioner, a special prosecutor appointed by the Attorney
General pursuant to subsection A of Title 16, § 3–104. The National Council
shall preside over the removal hearing and receive the evidence. Removal of
the accused Election Board member shall require a two-thirds (2/3) vote of the
National Council. The decision of the National Council shall be final and
binding on the Muscogee (Creek) Nation and the Election Board member, and
shall not be subject to judicial review.
[NCA 99–20, § 2–107, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–109. Certification of registered voters
The Chairman of the Election Board shall certify no later than January 15th
of each and every year the total number of registered voters in each District as
of the first day of the year in which the Chairman’s certification hereunder is
made.
[NCA 99–20, § 2–108, approved April 30, 1999.]
340
BOARD AND PRECINCT COMMITTEES
Title 19, § 2–114
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–110. Precinct Election Committee
Each precinct within the Muscogee (Creek) Nation shall have a Precinct
Election Committee composed of three (3) members.
[NCA 99–20, § 2–109, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–111. Judges, clerks and inspectors appointed by Election Board
Each Precinct Election Committee shall have one (1) judge, one (1) clerk and
one (1) inspector appointed by the Election Board to serve during designated
elections. The Election Board may also designate alternates to serve in each
precinct.
[NCA 99–20, § 2–110, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–112. Removal of Precinct Election Committee members
The Election Board shall have the authority to remove any of the Precinct
Election Committee members at any time for cause.
[NCA 99–20, § 2–111, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–113. Inspector’s duties
The Inspector shall be the principal administrative officer of the precinct.
[NCA 99–20, § 2–112, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–114. Judge shall serve as translator
The Judge shall serve as translator of the precinct.
[NCA 99–20, § 2–113, approved April 30, 1999.]
341
Title 19, § 2–114
ELECTIONS
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–115. Duties of Precinct Election Committee
The Precinct Election Committee shall perform such duties as may be
prescribed by law.
[NCA 99–20, § 2–114, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–116. Appointment of precinct workers
Precinct workers for each precinct in each district may be appointed by the
Election Board as the Board deems necessary.
[NCA 99–20, § 2–115, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–117. Compensation of inspectors, judges, clerks and precinct workers
The inspector, judge, clerk and precinct workers, if any be appointed, shall
each be paid a stipend at a rate set by the Election Board. Mileage reimbursements, for actual miles driven, shall be paid in accordance with Muscogee
(Creek) Nation regulations. Alternates shall be paid on the same basis as other
Precinct Election Committee members.
[NCA 99–20, § 2–116, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–118. Removal of precinct workers
The Election Board may remove precinct workers at any time for cause.
[NCA 99–20, § 2–117, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
342
BOARD AND PRECINCT COMMITTEES
Title 19, § 2–121
§ 2–119. Eligibility for membership on Precinct Election Committee
To be eligible for membership on a Precinct Election Committee, or to serve
as a precinct worker, if the Election Board deems precinct workers to be
necessary, for a Precinct Election Committee, a person must:
A.
be a registered voter of the District in which said person will serve;
B.
demonstrate competence to perform required duties; and
C. if appointed as a judge of the Precinct Election Committee, be able to
speak and translate the Mvskoke (Creek) language. With respect to the Creek
District, in addition to the Mvskoke-speaking judges, reasonable efforts shall be
made to locate a person for each precinct in said district who is capable of
translating the Euchee language to give the precinct voters translation services
during the election.
[NCA 99–20, § 2–118, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–120. Disqualification of Precinct Election Committee members
No person shall serve on a Precinct Election Committee, or as a precinct
worker for a Precinct Election Committee at an election in which he or she is a
candidate for office. Nor shall any of the following relatives of a candidate for
office be eligible to serve on such committee or work for such committee: the
spouse, daughter or daughter-in-law, son or son-in-law, sister or sister-in-law,
brother or brother-in-law, parent or grandparents. In the event a member of a
Precinct Election Committee is disqualified for one of the aforementioned
reasons, it shall be the duty of the Election Board to appoint a suitable
replacement for the official for said election.
[NCA 99–20, § 2–119, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 2–121. Conflict of interest prohibited
In any controversy arising under this title where a voter’s or candidate’s
rights or privileges are to be determined by an officer or group of officers, any
officer who is related (as stated in Title 19, § 2–120) to any voter or candidate
shall not take part in any discussion of the controversy, shall not vote in any
procedural or substantive vote of the group determining the controversy, and
shall defer to another officer any duties required by this Title.
[NCA 99–20, § 2–120, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
343
Title 19, § 2–121
ELECTIONS
C.J.S. Indians §§ 57, 59.
§ 2–122. Violations of Title
Penalties for violation of this Title by a Precinct Election Committee member
or Election Board member shall result in their immediate suspension from
office and shall subject said member to criminal action as stated in Chapter 12
of this Title (Title 19, § 12–101 et seq.) and such other penalties as may be
determined by Tribal Court.
[NCA 99–20, § 2–121, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
344
CHAPTER 3.
GENERAL ADMINISTRATION
Section
3–101. Elections to be on Saturdays.
3–102. Forms provided by Election Board.
3–103. Costs paid by Election Board.
3–104. Training Election Board personnel.
3–105. Compensation for training.
3–106. Precinct Election Committee instruction booklets.
3–107. Instruction to voters.
3–108. Dissemination of information.
3–109. Establishment of precincts; map of precinct required.
3–110. Change of precinct boundaries.
3–111. Ballot boxes.
3–112. Voting booths.
3–113. Official seals.
3–114. Oaths of office.
3–115. Maintenance of records.
3–116. Maintenance of election results.
3–117. Use of electronic data processing equipment and voting machines.
§ 3–101. Elections to be on Saturdays
All elections required to be conducted shall be scheduled for a Saturday.
[NCA 99–20, § 3–100, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–102. Forms provided by Election Board
A.
All forms required by law shall be provided by the Election Board.
B. Forms required for implementation of registration and election laws
shall be prescribed by the Election Board of a uniform character suitable for
the voting system in use.
[NCA 99–20, §§ 3–101, 102, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–103. Costs paid by Election Board
The cost of workers, rent for polling places, ballot boxes, locks and keys,
voting booths and other materials shall be paid from the Election Board funds.
Budget modifications may be implemented with approval by law.
[NCA 99–20, § 3–103, approved April 30, 1999.]
Cross References
Election Board Special Depository Account, see Title 37, § 2–215.
345
Title 19, § 3–103
ELECTIONS
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–104. Training Election Board personnel
Prior to each election, the Manager of the Election Board shall cause to be
conducted a training program for Members of each Precinct Election Committee, absentee workers, and precinct workers if the Election Board deems
necessary.
[NCA 99–20, § 3–105, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–105. Compensation for training
The members of each Precinct Election Committee, absentee workers, and
precinct workers if the Election Board deems necessary, shall receive compensation for each day of training, in an amount to be determined by the Election
Board prior to the training sessions.
[NCA 99–20, § 3–106, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–106. Precinct Election Committee instruction booklets
The Election Board, for each election, shall cause each Precinct Election
Committee to be provided with a booklet of instructions for conducting the
election.
[NCA 99–20, § 3–107, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–107. Instruction to voters
Instructions to voters describing the manner for casting one’s vote shall be
posted inside each polling place. Said instructions shall be prescribed by the
Election Board, and printed in Mvskoke (Creek) and English.
[NCA 99–20, § 3–108, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
346
Title 19, § 3–110
GENERAL ADMINISTRATION
§ 3–108. Dissemination of information
It shall be the duty of the Election Board to disseminate information about
the dates and times of elections, locations of polling places, names and
addresses of voter registrars, and other data as they deem necessary to inform
the general public of same. Sample ballots shall be made available to the
general public, and printed in Mvskoke (Creek) and English.
[NCA 99–20, § 3–109, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–109. Establishment of precincts; map of precinct required
It shall be the duty of the Election Board to establish boundaries for voting
precincts in the districts. A large map showing said precincts shall be maintained in the Election Board office at all times, and shall be published annually
in the Muscogee Nation News.
[NCA 99–20, § 3–110, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–110. Change of precinct boundaries
The Election Board may change the boundaries of, abolish or consolidate any
precinct with the majority approval of the National Council of the Muscogee
(Creek) Nation, subject to the limitations hereunder provided, by observing the
following procedures:
A. Changes shall not become effective until the Council has approved the
change(s) and thereafter notices of such changes have been posted for thirty
(30) days, one (1) notice posted at the door of the polling place for the affected
precinct, and one (1) notice posted at the door of the Muscogee (Creek) Nation
Tribal Complex.
B. The registration of each registered voter affected by such change shall be
transferred as provided by law by the Manager of the Election Board without
any request from said voter.
C. Each registered voter whose registration is transferred as hereinbefore
provided shall be notified of such transfer in writing by the Manager of the
Election Board. At the same time, the voter shall be issued a new voter
identification card, if necessary, and shall be instructed to destroy his or her
former voter identification card.
[NCA 99–20, § 3–111, approved April 30, 1999; amended by NCA 07–105, § 3, eff. May
3, 2007.]
347
Title 19, § 3–110
ELECTIONS
Historical and Statutory Notes
NCA 07-105 provides in part:
‘‘Section tree. Authorization. The Election
Board of the Muscogee (Creek) Nation is hereby
authorized to establish an additional voting precinct within the Okmulgee District at the Twin
Hills Indian Community Center for the purpose
of providing Tribal Citizens residing in Beggs,
Duck Creek, Mounds, Boynton, Haskell and the
rural area north or Morris with a more centralized polling place. Additionally, the Election
Board shall implement the procedures set forth
in MCNCA Title 19, § 3–110 regarding change
of precinct boundaries.’’
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–111. Ballot boxes
There shall be one (1) ballot box for each precinct. Said ballot box shall be
constructed of substantial material and shall be equipped with three (3) locks so
that the keys of one lock will not unlock the others. Each box shall be equipped
with an opening in the top through which a ballot may be inserted, but must be
constructed in such a manner that the box must be unlocked before the ballots
can be removed. In the case when elections are conducted using electronic
voting machines, the component ballot transfer case will be used in lieu of
ballot boxes for paper ballots.
[NCA 99–20, § 3–112, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–112. Voting booths
The Election Board shall cause at least two (2) voting booths to be provided
in each precinct. Said booths shall contain a counter or shelf, or some surface
for writing and shall be constructed in such a manner that a member of the
Precinct Election Committee can determine whether more than one person is
in the booth, but in such a manner as to insure secrecy by the voter in marking
his or her ballot.
[NCA 99–20, § 3–113, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–113. Official seals
The Election Board shall have official seals, which seals shall be affixed to
Certificates of Election and other official documents of said Election Board.
The Manager shall maintain written minutes of all official acts of said Election
Board, and such minutes shall be public record.
[NCA 99–20, § 3–114, approved April 30, 1999.]
348
Title 19, § 3–117
GENERAL ADMINISTRATION
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–114. Oaths of office
All persons appointed as members of the Election Board shall, before
entering upon the duties of their offices, take and subscribe to the oath of office
as prescribed by the Election Board. Said oaths shall be retained in the office of
the Election Board.
[NCA 99–20, § 3–115, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–115. Maintenance of records
The Election Board shall continuously maintain records of all official acts
and certificates made by said Election Board and its officers and Precinct
Election Committee.
[NCA 99–20, § 3–116, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–116. Maintenance of election results
The Election Board, with regard to elections certified by same, shall retain
permanently the results of said elections by precincts.
[NCA 99–20, § 3–117, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 3–117. Use of electronic data processing equipment and voting machines
Notwithstanding any other provision of law, the Election Board may direct
the Chairman of said Election Board to provide for: (1) the use of electronic
data processing equipment for the purpose of establishing and maintaining the
registration records, producing central and precinct registries, producing poll
books and canvassing and tabulating election returns, and (2) electronic voting
machines for use in Tribal elections.
[NCA 99–20, § 3–118, approved April 30, 1999.]
349
Title 19, § 3–117
ELECTIONS
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
350
CHAPTER 4.
REGISTRATION
Section
4–101. Persons entitled to vote in Tribal elections.
4–102. Registration required.
4–103. Time and place of registration.
4–104. Appointment of registrars; number and qualifications.
4–105. Additional capacities of registrars.
4–106. Time for conducting new registration transactions.
4–107. Procedures for registration.
4–108. Registration forms.
4–109. Voter identification cards.
4–110. Maintenance of registration forms.
4–111. Central registry.
4–112. Transfer of registration.
4–113. Transfer of registration on election day.
4–114. Change of residence to another district.
4–115. Cancellation of registration.
Cross References
Eligibility to vote, see Const. Art. IV, § 2.
§ 4–101. Persons entitled to vote in Tribal elections
Every person who is a qualified Citizen of the Muscogee (Creek) Nation
according to the Constitution of the Muscogee (Creek) Nation, regardless of
religion, creed, or sex, shall be eligible to vote in the Tribal elections provided
that (a) they are registered to vote in accordance with this chapter; (b) they are
at least eighteen (18) years of age at the date of election, with the registrant
providing sufficient proof of age to the Election Board; and (c) they hold
citizenship.
[NCA 99–20, § 4–100, approved April 30, 1999.]
Library References
Indians O214.5, 222.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 57, 59, 62, 67, 180.
§ 4–102. Registration required
No person shall be permitted to vote in any election unless such person is
registered with the Election Board as a voter.
[NCA 99–20, § 4–101, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 4–103. Time and place of registration
The Election Board and its assistants shall be authorized to register voters at
any place during the time prescribed by Title 19, § 4–106.
[NCA 99–20, § 4–102, approved April 30, 1999.]
351
Title 19, § 4–103
ELECTIONS
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 4–104. Appointment of registrars; number and qualifications
The Manager of the Election Board shall appoint as voter registrars at least
one person for every one thousand five hundred (1,500) registered voters in the
district, as enumerated by the latest January registration report; provided
further, however, that the total number of voter registrars in any district need
not exceed one hundred (100). Said voter registrars shall be located in such a
manner geographically as to provide convenient access for all qualified electors
of the county. The Election Board shall have the authority to remove any voter
registrar at any time for cause. To be eligible to become a voter registrar, one
must be a registered voter of the district and must demonstrate competence to
perform his or her duties. Voter registrars shall be trained in their duties in a
manner prescribed by the Election Board.
[NCA 99–20, § 4–103, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 4–105. Additional capacities of registrars
Voter registrars may serve simultaneously as precinct inspectors, judges,
clerks or precinct workers provided that they are qualified to serve in such
other capacities.
[NCA 99–20, § 4–104, approved April 30, 1999.]
§ 4–106. Time for conducting new registration transactions
New registration transactions may be made at any time except election days
and the ten (10) days immediately preceding any election, and the three (3)
days following any election. In the case of absentee voters, registration forms
must be received by the office of the Election Board at least twenty-four (24)
days prior to any scheduled election. Persons authorized to register voters shall
not be required to conduct registration transactions on Sundays or legal
holidays. In the event an election is scheduled in only a portion of the
Muscogee (Creek) Nation, registration will close ten (10) days prior to such
election only in the portion of the Muscogee (Creek) Nation which is affected.
[NCA 99–20, § 4–106, approved April 30, 1999.]
§ 4–107. Procedures for registration
Any qualified elector desiring to become a registered voter shall appear, in
person, or request such form as is necessary in order to become a registered
voter. Said applicant shall swear to or affirm the facts on the registration form
352
Title 19, § 4–111
REGISTRATION
to be correct. Applicant shall sign the registration form and shall be issued a
voter identification card soon thereafter.
[NCA 99–20, § 4–107, approved April 30, 1999.]
§ 4–108. Registration forms
The Election Board shall devise a registration form to be used for registering
voters. Said registration forms shall contain the following information: Voter’s
full name and sex, date of birth, place of residence and mailing address; the
voter’s Tribal enrollment number; the voter’s social security number, an oath
of the voter’s eligibility to become a registered voter; and such other information as may be deemed necessary by the Election Board to identify said voter
and to ascertain his or her eligibility.
[NCA 99–20, § 4–108, approved April 30, 1999; amended by NCA 03–043, § 1, approved
March 3, 2003.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 4–109. Voter identification cards
All valid voter identification cards and other valid registration documents
issued and/or prepared prior to the effective date of this Title (April 30, 1999)
shall continue to be valid. Voter identification cards shall be issued to every
citizen who becomes a registered voter in the Muscogee (Creek) Nation. Said
voter identification card shall contain information as is necessary to determine
a registered voter’s eligibility.
[NCA 99–20, § 4–109, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 4–110. Maintenance of registration forms
The Manager of the Election Board shall cause the original registration forms
of every registered voter to be separated by precinct and to be retained
separately in precinct registries. A precinct registry shall be maintained in a
secure manner in the offices of the Election Board, except as otherwise
provided by law.
[NCA 99–20, § 4–110, approved April 30, 1999.]
§ 4–111. Central registry
The Manager of the Election Board shall cause conformed duplicate registration forms of every registered voter in said district to be retained in a central
registry in alphabetical order. Said central registry shall be maintained in a
secure manner in the office of the Election Board.
[NCA 99–20, § 4–111, approved April 30, 1999.]
353
Title 19, § 4–112
ELECTIONS
§ 4–112. Transfer of registration
If a registered voter of a district has changed his or her residence to another
precinct within the same district, he or she shall be entitled to a transfer of
registration upon his or her notifying the Election Board and presenting, or
mailing, his or her voter identification card to the Election Board. The
Manager of the Election Board shall transfer the original registration form of
such registered voter to the proper precinct registry and shall note the transfer
on the original and duplicate registration forms and upon the voter identification card. Thereafter, the Manager shall immediately return said voter identification card to the registered voter.
[NCA 99–20, § 4–112, approved April 30, 1999.]
§ 4–113. Transfer of registration on election day
If a registered voter of a district has changed his or her residence to another
precinct within the same district and, as of election day, has not executed a
transfer as hereinbefore provided, he or she shall be entitled to a transfer upon
his or her executing an application on a form to be prescribed by the Election
Board and presenting said form along with his or her voter identification card
to the inspector of the precinct in which he or she has just registered. Upon
doing so, said registered voter shall be permitted to vote in said precinct, and
only in said precinct, for the election being conducted. Said vote will be
subject to a challenge as set forth in Title 19, § 7–302, but the Election Board
shall not disallow the vote solely because the voter’s name was not on the
precinct registry on the day of the election. The inspector shall deliver said
transfer form to the Manager of the Election Board, who shall transfer such
registration in accordance with the application and Title 19, § 4–112.
[NCA 99–20, § 4–113, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 4–114. Change of residence to another district
Any registered voter who changes his or her residence to another district
must follow the procedures set forth in Title 19, § 4–112 in order to vote in an
election. The voter must also state at the time of notification whether he or she
prefers to move his or her district preference, if lawful, according to Title 7,
§ 5–103.
[NCA 99–20, § 4–114, approved April 30, 1999.]
Cross References
District elections, eligible voters, see Const. Art. IV, § 8.
Legal residence, declaration, see Const. Art. IV, § 9.
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
354
Title 19, § 4–115
REGISTRATION
§ 4–115. Cancellation of registration
A. The registration of any registered voter may be canceled only for one of
the following reasons: written notice of cancellation from the voter, death or
registration with another Tribe. Provided, however, enrollment as a member
of a Creek Tribal Town shall not be grounds for such cancellation.
B. A registered voter may have his or her name removed from the registries
of a district by appearing before or mailing to the Election Board a written
notice for same.
C. A list of deceased persons shall be maintained and their registration
forms filed alphabetically in a special file. These person’s names shall be placed
on said list upon written notification from family or friends of said persons, or
written notification from the Muscogee (Creek) Nation Citizenship, Muscogee
(Creek) Nation Social Services and/or Muscogee (Creek) Nation Realty offices.
[NCA 99–20, § 4–115, approved April 30, 1999.]
Library References
Indians O214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
355
CHAPTER 5.
CANDIDACY FOR OFFICE
Subchapter
1. Filing for Candidacy
2. Contest of Candidacy
SUBCHAPTER 1.
FILING FOR CANDIDACY
Section
5–101. Declaration of Candidacy required.
5–102. Candidate must be registered and take leave from employment with the Muscogee (Creek) Nation.
5–103. Candidate for Representative must be legal resident of district.
5–104. Candidate may file for only one office.
5–105. Prohibited names.
5–106. Filing period.
5–107. Declaration of Candidacy forms.
5–108. Petitions and filing fees.
5–109. Withdrawals from primary election.
5–110. Declaration of Candidacy must be accepted; exceptions.
5–111. Office for which no candidate has filed.
§ 5–101. Declaration of Candidacy required
A. A person may become a candidate for office and have his or her name
appear on a ballot only after he or she files a Declaration of Candidacy with the
Manager of the Election Board.
B. Candidates for Principal Chief, Second Chief, and National Council
Representative shall file Declarations of Candidacy with the Manager of the
Election Board.
[NCA 99–20, §§ 5–100, 101, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–102. Candidate must be registered and take leave from employment
with the Muscogee (Creek) Nation
In order to file as a candidate for nomination, a person must be a registered
voter with the Election Board for the previous six (6) months upon filing and, if
applicable, immediately after filing for candidacy shall take a leave without pay
from employment with the Muscogee Creek Nation, including a corporation,
chartered Community Board and employees, agency or other entity which is at
least fifty-one percent (51%) owned by the Muscogee (Creek) Nation. Immediately after an employee files for candidacy, the appropriate Muscogee (Creek)
Nation personnel office shall place the employee in non-pay status until the first
working day after primary election day, or in the event the employee is in a
run-off, until the first official working day after the general election.
[NCA 99–20, § 5–102, approved April 30, 1999; amended by NCA 01–115, § 2, approved July 10, 2001; NCA 03–043, § 2, approved March 3, 2003; NCA 05–188, § 1, eff.
Aug. 15, 2005]
356
Title 19, § 5–105
CANDIDACY FOR OFFICE
Library References
Indians O216, 217.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–103. Candidate for Representative must be legal resident of district
Each Representative shall be a legal resident of his or her district for one full
calendar year (see Constitution Article VI, Section 2(B)) prior to filing for office
and shall be required to be an actual full-time resident within that district for
the term of office. When the Representative ceases to be an actual resident of
the district, they disqualify themselves as a Representative of the district.
[NCA 99–20, § 5–103, approved April 30, 1999.]
Cross References
National Council Representatives, see Const. Art. VI, § 2.
Library References
Indians O216, 222.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 59, 62, 67, 180.
§ 5–104. Candidate may file for only one office
A candidate may file for no more than one (1) office at any election.
[NCA 99–20, § 5–104, approved April 30, 1999.]
Cross References
National Council Representatives, see Const. Art. VI, § 2.
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–105. Prohibited names
A. No person may become a candidate for any office whose name is
identical or similar to the name of the incumbent or of any other candidate who
has filed for the same office where it appears to the Election Board that the
name is used for the purpose of confusing the voters.
B. No person may become a candidate for any office who adopts or has
adopted a name identical to or similar to that of the incumbent of such office,
or of any candidate who has previously made a public announcement of his
candidacy for such office.
C. No person may become a candidate for any office who adopts or has
adopted the name of any person of Tribal, state, or national reputation, living
or dead.
[NCA 99–20, §§ 5–105 to 5–107, approved April 30, 1999.]
357
Title 19, § 5–106
ELECTIONS
§ 5–106. Filing period
The Declaration of Candidacy provided herein must be filed with and
received by the Election Board office no earlier than 9:00 a.m. on the 3rd
Monday in July and not later than 4:00 p.m. on the first Wednesday following
said Monday. Said Declaration of Candidacy may be transmitted by the United
States mail, but in no event shall the Election Board accept said Declarations
after the time prescribed by this section.
[NCA 99–20, § 5–108, approved April 30, 1999; amended by NCA 03–043 § 3, approved
March 3, 2003.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–107. Declaration of Candidacy forms
Forms to be used for filing Declaration of Candidacy shall be prescribed by
the Election Board and shall contain the following information: the name of
the candidate; the street or other physical address (i.e., not a P. O. Box) of the
candidate’s place of residence, and if different, the candidate’s mailing address;
name of the office sought; the candidate’s date of birth; the candidate’s Tribal
enrollment number; precinct and district wherein the candidate is a registered
voter; whether or not the candidate has been convicted of a felony under
federal, Tribal, or state law; and an oath wherein the candidate swears or
affirms that such candidate is qualified to become a candidate for the office
which he or she is seeking as set forth in the Constitution of Muscogee (Creek)
Nation, and that if elected such candidate will be qualified to hold said office.
The candidate must sign a Declaration of Candidacy form, and the signature
must be properly notarized by a notary public or other person authorized by
law to administer oaths.
[NCA 99–20, § 5–109, approved April 30, 1999.]
Cross References
Juvenile adjudication not to disqualify from employment or office, see Title 6, § 1–404.
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–108. Petitions and filing fees
A Declaration of Candidacy must be accompanied by a money order, cashier’s or certified check, or a bank instrument equivalent to a cashier’s or
certified check, payable to the Muscogee (Creek) Nation Election Board. The
filing fees are as follows:
1.
and
2.
Two hundred dollars ($200.00) for National Council Representatives;
Four hundred and twenty-five dollars ($425.00) for Second Chief; and
358
Title 19, § 5–111
CANDIDACY FOR OFFICE
3.
Five hundred and fifty dollars ($550.00) for Principal Chief.
[NCA 99–20, §§ 5–110, 111, approved April 30, 1999; amended by NCA 03–043, § 4,
approved March 3, 2003.]
Cross References
Election Board Special Depository Account, see Title 37, § 2–215.
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–109. Withdrawals from primary election
Any candidate may withdraw his or her candidacy upon filing a written
notice of withdrawal as a candidate with the Election Board. Said notice shall
be signed by the candidate, whose signature shall be notarized by a notary
public, and shall be filed on or before 4:00 p.m. on the Friday following the
close of the filing period prescribed by law. If a candidate withdraws from a
primary election with the Election Board, in order to become a candidate
again, such candidate must file a new Declaration of Candidacy form and
comply with §§ 5–101 through 5–110 of the election laws.
[NCA 99–20, § 5–112, approved April 30, 1999; amended by NCA 03–043, § 5, approved March 3, 2003]
Library References
Indians O216, 217.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–110. Declaration of Candidacy must be accepted; exceptions
The Election Board shall accept any Declaration of Candidacy which it is
authorized to accept, except such Declaration which on its face shows the
candidate to be unqualified to become a candidate for the office he or she
seeks. Such acceptance shall entitle the candidate to have his or her name
appear on the appropriate ballots unless said candidate withdraws his or her
candidacy according to law, or unless a contest to said candidacy is sustained
in the manner described in subchapter 2 of this chapter.
[NCA 99–20, § 5–113, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–111. Office for which no candidate has filed
If at the close of any filing period for district offices, the Election Board
determines that no candidate has validly filed for position, the Election Board
shall declare an additional one (1) day filing period to be open on the following
Wednesday during regular filing hours. The Election Board shall publicize the
359
Title 19, § 5–111
ELECTIONS
additional filing period within the district or districts affected by radio and
newspaper announcements and by posters distributed to Indian Community
Centers and organizations, churches, ceremonial grounds and other places
where Indian people congregate. If at the close of any additional filing period
for district offices, the Election Board determines that no candidates have
validly filed for any position, there shall be no further additional filing period
and the position shall remain vacant until after a special election may be called
according to this title.
[NCA 99–20, § 5–123, approved April 30, 1999.]
Library References
Indians O216, 217.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
SUBCHAPTER 2.
CONTEST OF CANDIDACY
Section
5–201. Eligibility to contest candidacy.
5–202. Time for filing contest.
5–203. Grounds for contest.
5–204. Fee.
5–205. Date for hearing contest.
5–206. Service of notice.
5–207. Hearing of contest.
5–208. Burden of proof on petitioner.
5–209. Declaration may be amended.
5–210. Candidacy may be stricken.
5–211. Disposition of deposits.
§ 5–201. Eligibility to contest candidacy
Any candidate, hereafter referred to as petitioner, may contest the candidacy
of any other candidate for the same office, hereafter referred to as contestee, by
filing a written petition with the Election Board. In the event only one
candidate files for an office, a petition contesting his candidacy may be filed by
any registered voter.
[NCA 99–20, § 5–114, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–202. Time for filing contest
Said petition must be filed no later than 5:00 p.m. on the second day
following the close of the filing period.
[NCA 99–20, § 5–115, approved April 30, 1999.]
360
Title 19, § 5–205
CANDIDACY FOR OFFICE
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–203. Grounds for contest
Said petition must allege that the contestee was not qualified by law to
become a candidate for the office for which he or she filed a Declaration of
Candidacy and must contain the reasons therefore. Reasons not appearing on
the face of the petition shall be considered waived and shall not be grounds for
a contest.
[NCA 99–20, § 5–116, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–204. Fee
A. A non-refundable fee of five hundred dollars ($500.00), in the form of a
money order, a cashier’s or certified check or an equivalent bank instrument
must be paid at the time the petition is filed. The petition shall be refused upon
failure to pay the non-refundable fee.
B. In the event of multiple petitions filed against the contestee, each of the
multiple petitioners must pay a separate non-refundable five hundred dollars
($500.00) fee.
C. Should the contestee desire to answer said contest, said contestee shall
not be required to pay a filing fee at the time of filing his or her answer, or if no
answer is filed, at the time of his or her appearance.
[NCA 99–20, §§ 5–117, 126, approved April 30, 1999.]
Cross References
Election Board Special Depository Account, see Title 37, § 2–215.
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–205. Date for hearing contest
When such a petition is properly filed, the Manager of the Election Board
shall set the matter down for a hearing before the Election Board. Said hearing
will be held no less then three (3) working days after the date on which the
petition was filed.
[NCA 99–20, §§ 5–117, 118, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
361
Title 19, § 5–205
ELECTIONS
C.J.S. Indians § 59.
§ 5–206. Service of notice
A. It shall be the duty of the petitioner to cause a true copy of the petition
and notice of the date and place of the hearing to be served on the contestee.
B. Said service shall be made in person, where possible, within twenty-four
(24) hours after the date and place of the hearing has been set by the Election
Board.
C. Service shall be made by the Lighthorsemen as to all offices, and the
certificate of returns of such Lighthorsemen, showing the inability to make such
service within the aforementioned time, shall be deemed sufficient proof of the
absence of the contestee, or the inability to serve such petition and notice upon
him or her, and to justify the constructive service herein provided. When
personal service is impossible, within said time, it is hereby made the duty of
said petitioner to serve said true copies upon the Manager of the Election
Board. Provided that for the purpose of such constructive service, the Manager
of the Election Board is hereby made and constituted the service agent for all
candidates who file Declarations of Candidacy with them. By filing his or her
Declaration of Candidacy, each candidate shall thereby be conclusively presumed to have accepted the terms and provisions hereof and specifically the
aforesaid constructive service. When constructive service becomes necessary,
said constructive service shall be made within twenty-four (24) hours after
proof of inability to personally serve the contestee has been returned to the
petitioner.
[NCA 99–20, §§ 5–119 to 5–121, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–207. Hearing of contest
The petition may be heard without formal pleading being filed in answer or
reply thereto. The Election Board shall have the authority to issue subpoenas
and compel the attendance of witnesses and the production of evidence. Said
Election Board shall have the authority to receive the testimony of witnesses
under oath, said oath to be administered by the Manager of the Election Board.
At the conclusion of the hearing, the Election Board shall render its decision
and the vote of the individual members in writing. The decision of such
Election Board shall in all cases be final.
[NCA 99–20, § 5–122, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
362
Title 19, § 5–211
CANDIDACY FOR OFFICE
§ 5–208. Burden of proof on petitioner
The burden of proof shall be upon the petitioner to sustain the allegations in
his or her petition. However, failure of the contestee to appear or answer
thereto shall be deemed to place him or her in default, shall constitute an
admission of the allegations of the petition, and shall constitute appropriate
grounds for disqualification, and upon finding so, such contestee’s candidacy
shall be stricken.
[NCA 99–20, § 5–127, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–209. Declaration may be amended
If said contestee’s Declaration of Candidacy may be amended or corrected to
conform to law, the Election Board may order the same to be done, if the
Election Board determines such amendment or correction to be proper at the
time of its order or decision.
[NCA 99–20, § 5–126, approved April 30, 1999.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–210. Candidacy may be stricken
If, after the hearing provided for in § 5–207 of this Title, the Election Board
determines that the contestee was not qualified to become a candidate for the
office for which he or she has filed a Declaration of Candidacy, it may order
that his or her candidacy be stricken and that his or her name not be placed on
the ballot.
[NCA 99–20, § 5–126, approved April 30, 1999; amended by NCA 03–173, § 1, approved Sept. 2, 2003.]
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 5–211. Disposition of deposits
All costs incurred shall be paid from the non-refundable deposits of the
petitioner(s). The balance, if any, shall be retained by the Election Board.
[NCA 99–20, § 5–128, approved April 30, 1999.]
Cross References
Election Board Special Depository Account, see Title 37, § 2–215.
363
CHAPTER 6.
BALLOTS
Section
6–101. Appearance of candidate’s name.
6–102. Unopposed candidates.
6–103. Ballots printed by Election Board.
6–104. Manner of printing ballots for general elections.
6–105. Order of names.
6–106. District and precinct name on ballot.
6–107. Ballots for Tribal Questions.
6–108. Ballots to be bound.
6–109. Number of ballots.
6–110. Absentee ballots.
6–111. Sample ballots.
6–112. Gummed labels.
6–113. Ballots for educational purposes.
§ 6–101. Appearance of candidate’s name
The name of any candidate for office shall be printed on the official ballot as
said candidate signed his Declaration of Candidacy; provided, however, that no
candidate shall have any prefix, suffix or title placed before or after his name.
[NCA 99–20, § 6–100, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–102. Unopposed candidates
Any candidate who is unopposed in any election shall be deemed to have
been nominated or elected, as the case may be, and his or her name shall not
appear on the ballot at any election in which he or she is so unopposed.
[NCA 99–20, § 6–101, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–103. Ballots printed by Election Board
The Election Board shall cause ballots to be printed for primary, general and
special elections at such time as to ensure delivery of said ballots for distribution. The Election Board shall cause ballots to be printed for the offices of
Principal Chief, Second Chief and National Council Representatives.
[NCA 99–20, § 6–102, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
364
Title 19, § 6–108
BALLOTS
§ 6–104. Manner of printing ballots for general elections
The official ballot for the general election shall be printed so that the
nominees’ names will appear in column.
[NCA 99–20, § 6–103, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–105. Order of names
On all primary and general election ballots, the names of the candidates for
each office shall be rotated in such a manner that all names appear in each
position on said ballots an equal number of times.
[NCA 99–20, § 6–104, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–106. District and precinct name on ballot
All ballots for primary and general elections must bear the name of the
district and precinct in which said ballots are to be used, or must be designated
in such a manner as the Manager of the Election Board may prescribe to
achieve the same identification of a ballot for a particular precinct.
[NCA 99–20, § 6–105, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–107. Ballots for Tribal Questions
Ballots for Tribal Questions shall be printed in such a manner as to include
the number of the Tribal Question, the ballot title, and the following language
‘‘SHALL THE PROPOSED (AMENDMENT OR ACT) BE APPROVED?,’’ followed by the words ‘‘YES’’ and ‘‘NO,’’ one above the other, each preceded by a
square one-fourth (1/4) inch in size.
[NCA 99–20, § 6–106, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–108. Ballots to be bound
All ballots for a precinct shall be bound in a book or books with the precinct
identified on the cover of same.
[NCA 99–20, § 6–107, approved April 30, 1999.]
365
Title 19, § 6–108
ELECTIONS
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–109. Number of ballots
In every primary and general election, at least one (1) ballot shall be printed
for each voter eligible to cast such ballot in each precinct.
[NCA 99–20, § 6–108, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–110. Absentee ballots
As soon as practical, the Election Board shall cause to be printed a sufficient
number of absentee ballots, prepared as nearly as practical in the same manner
as provided for other ballots for the primary and general elections, in time for
said ballots to be issued during the time prescribed by law.
[NCA 99–20, § 6–109, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–111. Sample ballots
Sample ballots for primary and general elections shall be exact duplicates of
the regular ballots for elections, except that a stub need not be attached, and
the words ‘‘Sample Ballot’’ shall be printed in letters at least one-half (1/2) inch
high across the face of the ballot. Sample ballots shall be printed in a sufficient
number to be used at each precinct polling place and as otherwise provided by
law.
[NCA 99–20, § 6–110, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 6–112. Gummed labels
Gummed labels may be printed and affixed to any ballots in order to assure
that proper names of candidates and proper questions appear thereon.
[NCA 99–20, § 6–111, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
366
Title 19, § 6–113
BALLOTS
§ 6–113. Ballots for educational purposes
It shall be unlawful to print or distribute ballots, or duplicate thereof, except
as authorized by law; provided, however, that for educational purposes, the
contents of said ballots may be reproduced in sizes of at least twenty percent
(20%) smaller than or twenty percent (20%) larger than the official ballots and
provided further that such reproductions must bear the words ‘‘FOR EDUCATIONAL PURPOSES ONLY.’’
[NCA 99–20, § 6–112, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
367
CHAPTER 7. CONDUCT OF ELECTIONS
Subchapter
1. Preparations
2. Prohibited Conduct
3. Voting
4. Counting
SUBCHAPTER 1.
PREPARATIONS
Section
7–101. Supplies and ballots provided by Election Board.
7–102. Hours for voting.
7–103. Delivery of supplies and ballots.
7–104. Installation of voting booths and electronic voting machines.
7–105. Opening ballot box.
§ 7–101. Supplies and ballots provided by Election Board
Prior to the day of any primary or general election, it shall be the duty of the
Election Board to provide to each Precinct Election Committee the supplies
and ballots required by law to conduct the election. The Inspector for each
precinct shall sign a form acknowledging receipt of all supplies and ballots for
his or her precinct.
[NCA 99–20, §§ 7–100, 101, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–102. Hours for voting
At every primary and general election, each polling place in the Muscogee
(Creek) Nation shall open at 7:00 a.m., and shall remain open continuously
until 7:00 p.m. and in the event the polling place does not open promptly at
7:00 a.m., shall remain open the amount of time necessary to assure the polling
place was open the full continuous twelve (12) hours required. Every registered
voter of a precinct who presents himself or herself between said hours shall be
entitled to vote, as provided by law, provided further, all qualified voters who
are in line waiting to vote at the close of the polls shall be allowed to vote.
[NCA 99–20, § 7–102, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
368
Title 19, § 7–201
PREPARATIONS
§ 7–103. Delivery of supplies and ballots
Not later than 6:45 a.m. on the day of the election, the Precinct Election
Committee shall assemble at the polling place. The Inspector shall deliver
supplies and ballots required by law for the election at said time.
[NCA 99–20, § 7–103, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–104. Installation of voting booths and electronic voting machines
Prior to 7:00 a.m., the Inspector shall cause voting booths to be properly
installed and other equipment, supplies and ballots to be arranged for the
orderly conduct of the election. In elections wherein electronic voting machines are used, the Precinct Election Committee shall immediately install the
electronic voting machine upon arrival of same at the polling place.
[NCA 99–20, § 7–104, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–105. Opening ballot box
In elections wherein manual paper ballots are used, when all required steps
have been taken in preparation for the opening of the polls, the Inspector shall
open each ballot box and, in view of the Judge, Clerk and any registered voters
at the polling place, shall turn said box down to show that no ballots are
contained therein. The inspector shall then lock said box and shall give one key
to the Judge, one to the Clerk and retain the third himself or herself.
[NCA 99–20, § 7–105, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
SUBCHAPTER 2.
PROHIBITED CONDUCT
Section
7–201. Electioneering prohibited.
7–202. Disclosure of vote prohibited.
7–203. Intoxicating liquor prohibited.
7–204. Voter must vote ballots issued to him or her.
§ 7–201. Electioneering prohibited
No person shall be allowed to electioneer within three hundred (300) feet of
any ballot box or electronic voting machine while an election is in progress, nor
369
Title 19, § 7–201
ELECTIONS
shall any person or persons, except election officials and other persons authorized by law, be allowed within fifty (50) feet of any ballot box or electronic
voting machine while an election is in progress. No printed material other than
that provided by the Election Board shall be publicly placed or exposed within
three hundred (300) feet of any ballot box or electronic voting machine while
an election is in progress. Appropriate signs will be posted by the Election
Board.
[NCA 99–20, § 7–106, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–202. Disclosure of vote prohibited
No person shall, within the election enclosure, disclose to any other person
how he or she voted; nor shall any person expose his or her ballot to any other
person.
[NCA 99–20, § 7–107, approved April 30, 1999.]
Cross References
Secret ballot, see Const. Art. IV, § 3.
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–203. Intoxicating liquor prohibited
No person shall take intoxicating liquor of any kind or quantity to within
three hundred (300) feet of any polling place on an election day. No person
shall attend an election or be within three hundred (300) feet of a polling place
in an intoxicated condition on an election day.
[NCA 99–20, § 7–108, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–204. Voter must vote ballots issued to him or her
No person shall vote any ballot except such ballot issued to him or her by the
Precinct Election Committee, and no ballot shall be removed from the polling
place prior to being cast.
[NCA 99–20, § 7–109, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
370
Title 19, § 7–302
PREPARATIONS
SUBCHAPTER 3.
VOTING
Section
7–301. Order of entering voting booth.
7–302. Procedure for determining eligibility.
7–303. Absentee ballot affidavit.
7–304. Use of voter identification card; affidavit required.
7–305. Signing precinct poll book.
7–306. Ballots to be marked in voting booth.
7–307. Manner of voting.
7–308. Electronic machine voting.
7–309. Manual paper ballot voting.
7–310. Time limit.
7–311. Spoiled ballots.
7–312. Physical disability; procedure.
7–313. Visual disability; procedure.
7–314. Monolingual voters; procedure.
§ 7–301. Order of entering voting booth
Registered voters shall be permitted to enter the voting booths in the order in
which they present themselves at the door or entrance of the polling place.
[NCA 99–20, §§ 7–110, 111, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–302. Procedure for determining eligibility
Each person presenting himself or herself to vote shall announce his or her
name to the judge of the precinct, whereupon the judge shall determine
whether said person’s name is on the precinct registry. If the voter’s name is
not on the precinct registry, the inspector shall contact the Election Board to
determine said voter’s registration. If the Election Board determines that the
voter is not on the precinct registry, the judge shall challenge such vote. In no
case shall a voter be denied the right to vote. Upon review of the challenged
vote and the eligibility of the voter, the Election Board shall decide whether to
accept or deny the challenged vote.
[NCA 99–20, § 7–112, approved April 30, 1999.]
Cross References
Eligibility to vote, see Const. Art. IV, § 2.
Transfer of registration on election day, challenge of vote, see Title 19, § 4–113.
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
371
Title 19, § 7–303
ELECTIONS
§ 7–303. Absentee ballot affidavit
If a registered voter has requested an absentee ballot, he or she shall be
required by the Judge to sign an affidavit swearing or affirming that he or she
has not cast an absentee ballot and is entitled to vote in person.
[NCA 99–20, § 7–113, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–304. Use of voter identification card; affidavit required
If the precinct official should deny the voter the right to vote, the said voter
shall be allowed to vote only if: (1) he or she presents his or her voter
identification card showing him or her to be a registered voter of the precinct
to the Judge or (2) is cleared through checking with the Election Board’s main
office and signing an affidavit swearing or affirming that he or she is currently
registered and eligible to vote in said precinct and that he or she has not cast
an absentee ballot for said election.
[NCA 99–20, § 7–114, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–305. Signing precinct poll book
Persons who have been determined to be eligible to vote shall sign, in the
presence of the clerk, the proper precinct poll book, to be prescribed by the
Manager of the Election Board. Said clerk shall thereupon issue proper ballot
to said person. The voter’s signature on said precinct poll book shall be the best
evidence of said voter having voted at said election. Said precinct poll books
shall be retained in the office of the Election Board for a period of six (6)
months following the official results of the election and shall be subject to
public inspection during regular office hours.
[NCA 99–20, § 7–115, approved April 30, 1999.]
§ 7–306. Ballots to be marked in voting booth
The voter shall mark his or her ballot within a voting booth. At no time shall
more than one (1) person occupy a voting booth, unless specifically authorized
by law. The voter may take a card or other advertising matter containing
names of candidates with him or her to the polls, to expedite his or her voting,
when he or she goes to the booth.
[NCA 99–20, § 7–116, approved April 30, 1999.]
Cross References
Secret ballot, see Const. Art. IV, § 3.
372
Title 19, § 7–309
PREPARATIONS
§ 7–307. Manner of voting
Using the marking prescribed by the Election Board, the voter shall mark his
or her ballot with an ‘‘X,’’ a cross, the blacking out of a square box, or other
such marking methods as may be required by the use of electronic tabulating
devices, indicating the candidate of his or her choice or for the desired answer
to each question appearing on the ballot.
[NCA 99–20, § 7–117, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–308. Electronic machine voting
Except for special elections wherein the Board determines that manual paper
ballots may be used, all Tribal elections shall be conducted with electronic
voting machines. The procedure for voting with electronic voting machines is
as follows:
A. Before leaving the voting booth, the voter shall detach the numbered stub
from the ballot provided to the voter.
B. The Inspector shall examine said numbered stub to determine that the
ballot was the same ballot said voter was issued.
C. The voter shall then deposit his or her ballot in the electronic voting
machine.
D.
Thereupon, the voter shall immediately leave the polling place.
[NCA 99–20, § 7–118, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–309. Manual paper ballot voting
In special elections wherein the Election Board determines manual paper
ballots should be used, the procedure is as follows:
A. Before leaving the voting booth, the voter shall fold the ballot so that his
or her votes cannot be seen, but so that the numbered stub is plainly visible.
B. The voter shall remove said numbered stub in the presence of the
Inspector.
C. The inspector shall examine said numbered stub to determine that the
ballot was the same ballot said voter was issued.
D.
The voter then shall deposit his ballot in the ballot box.
E.
The voter thereupon shall immediately leave the polling place.
[NCA 99–20, § 7–118, approved April 30, 1999.]
373
Title 19, § 7–310
ELECTIONS
§ 7–310. Time limit
No voter who is voting without assistance may remain in the voting booth
more than five (5) minutes if other voters are waiting and in any event no more
than ten (10) minutes.
[NCA 99–20, § 7–119, approved April 30, 1999.]
§ 7–311. Spoiled ballots
Should a voter spoil any ballot in his effort to vote the same, he or she shall
fold it and return it and all other ballots which he or she was issued to the
clerk. The clerk shall destroy said ballot in the presence of the voter and shall
issue said voter another complete set of ballots in the same manner that the
first one was provided. The voter must execute an affidavit prescribed by the
Election Board in which the voter swears or affirms that he or she spoiled his
or her original ballots, returned said ballots to the clerk, that the clerk
destroyed the ballots in his or her presence and that he or she was issued a new
set of ballots.
[NCA 99–20, § 7–120, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–312. Physical disability; procedure
When any voter who states that he or she, because of a physical disability or
infirmity other than visual, is unable to mark his or her ballot, the inspector
shall administer an oral oath to said voter, in which said voter shall swear to or
affirm the fact of such disability or infirmity. Should a voter so qualify himself
or herself, it shall be the duty of the two (2) members of the Precinct Election
Committee to give said voter such assistance as he or she needs. The voter
must, without suggestions, state how he or she desires his or her ballot to be
marked. Such assistance shall be given at the ballot box, and all other voters
shall be kept sufficiently distant that they will not know how such voter voted.
[NCA 99–20, § 7–121, approved April 30, 1999.]
Cross References
Secret ballot, see Const. Art. IV, § 3.
§ 7–313. Visual disability; procedure
When any voter who states that he or she, because of a visual disability, is
unable to mark his or her ballot, the inspector shall administer an oral oath to
said voter, in which said voter shall swear to or affirm the fact of such
disability. Should a voter so qualify himself or herself, it shall be the duty of the
members of the Precinct Election Committee to permit such visually disabled
voter to be assisted in reading, marking and preparing of his ballots by any
person at least sixteen (16) years of age chosen by such visually disabled voter
for that purpose. It shall be lawful for such an assistant to accompany such
374
Title 19, § 7–401
PREPARATIONS
visually disabled voter into the voting booth and to read, mark, prepare and to
perform all other necessary acts for the casting of the ballots of such visually
disabled voter. It shall be the duty of the members of the Precinct Election
Committee to permit the voting of such visually disabled voter with the help of
his or her chosen assistant under such conditions as will assure that no person
other than said voter and his or her assistant know how said voter voted.
[NCA 99–20, § 7–122, approved April 30, 1999.]
Cross References
Secret ballot, see Const. Art. IV, § 3.
§ 7–314. Monolingual voters; procedure
When any voter states that he or she, because of a language barrier, can
speak and/or read only the Mvskoke (Creek) language, or the Euchee language,
the judge of the Precinct Election Committee shall administer an oral oath in
Mvskoke (Creek) and English (or Euchee, where applicable) to said voter. Said
Judge shall then translate the Instructions for Voting to said voter. Said voter, if
he or she so desires, shall then be permitted to have an assistant of his or her
choice accompany him or her into the voting booth. Said voter must mark his
or her own ballot.
[NCA 99–20, § 7–123, approved April 30, 1999.]
Cross References
Secret ballot, see Const. Art. IV, § 3.
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
SUBCHAPTER 4.
COUNTING
Section
7–401. Procedures for precinct counting.
7–402. Methods of counting.
7–403. Rules governing counting.
7–404. Reasons for failure to count to be noted.
7–405. Mutilated ballots.
7–406. Watchers; appointment and duties.
7–407. Challengers.
7–408. Certificate of vote.
7–409. Ballots and materials placed in ballot box; return to Election Board.
7–410. Retention of ballot box.
7–411. Retention of keys.
7–412. Canvassing returns.
7–413. Methods of sealing.
§ 7–401. Procedures for precinct counting
Regardless of whether counting is done by the Precinct Election Committee
or precinct workers, counting for the precinct shall commence no earlier than
375
Title 19, § 7–401
ELECTIONS
7:00 p.m., or if the precinct commenced voting later than 7:00 a.m., then no
earlier than twelve (12) hours after the time precinct opened for voting.
Provided, that the counting shall not commence until the Precinct Election
Committee and, if any, precinct workers have had an opportunity to cast their
own ballots before the close of the polls. The count may not begin until after
the polls have closed. Counting procedures regarding absentee ballots shall be
as provided in Title 19, § 10–111.
[NCA 99–20, § 7–124, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–402. Methods of counting
The counting of ballots shall be conducted in accordance with the procedure
prescribed by the Election Board so as to insure accuracy and promptness in
determining the results; said procedures shall be uniform in all districts using
paper ballots and electronic voting devices. Provided, however, that the following provisions shall be incorporated into said prescribed procedure:
A. 1. In elections for which Precinct Workers have been authorized, two (2)
Precinct Workers shall call from the ballots the names of the candidates voted
for, while two (2) other Precinct Workers shall record the votes upon the
official tally sheets.
2. If only two (2) Precinct Workers are authorized for an election, both
Precinct Workers shall examine the ballots at the same time, while calling out
the vote and recording said vote upon the tally sheets in the manner prescribed
by the Election Board.
3. In elections in which Precinct Workers have not been authorized by the
Election Board, two (2) Precinct Election Committee members shall call from
the ballots the names of the candidates voted for, while one Precinct Election
Committee member records the votes upon the official tally sheets.
B. In elections in which electronic voting machines are used, as soon as
practicable after the polls close, the Precinct Inspector shall cause the voting
machine to print the totals tape, which shall then be signed by all Precinct
Election Committee members. The Precinct Election Committee shall then
complete the precinct tally sheet. Two (2) extra copies of the totals tape shall
be printed and signed by the Precinct Election Committee. One (1) copy of the
totals tape shall be posted outside the polling place; one (1) copy of the totals
tape shall be placed in the ballot transfer case; and the original totals tape shall
be attached to the precinct tally sheet and the Ballot Accounting Form and
placed in the election return envelope for return to the office of the Election
Board.
C. It shall be unlawful for any person to divulge the progress of the count
until after all ballots have been counted and results of said count have been
certified.
[NCA 99–20, § 7–125, approved April 30, 1999.]
376
Title 19, § 7–406
PREPARATIONS
§ 7–403. Rules governing counting
The following rules shall govern the counting and recounting of votes:
A. Any ballot bearing any mark as a distinguishing mark shall not be
counted for any office or question thereon.
B. If the name of any person is written on a ballot, said ballot shall not be
counted for any office or question thereon.
C. An ‘‘X’’, cross, two (2) lines meet, including the so-called ‘‘check mark’’,
a blacked out square or straight line marking said square shall be considered
valid markings. Such valid markings located otherwise on the ballot shall not
be counted.
D. Marks used to designate the intention of the voter, other than those
herein defined as a ‘‘valid markings,’’ shall not be counted.
E. Failure to properly mark a ballot as to one or more candidates or
questions shall not of itself invalidate the entire ballot if the same has been
properly marked as to other candidates or questions unless such improper
marking shall constitute a distinguishing mark.
F. Any ballot or part of a ballot on which it is impossible to determine the
voter’s choice of question or candidate shall be void as to the question,
candidate or candidates thereby affected.
[NCA 99–20, § 7–126, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–404. Reasons for failure to count to be noted
If a ballot or part of a ballot is not counted for any reason, a Precinct
Election Committee member or precinct worker shall write said reason on the
back of said ballot, and sign said statement.
[NCA 99–20, § 7–127, approved April 30, 1999.]
§ 7–405. Mutilated ballots
A ballot bearing distinguishing marks or the name of a person, as hereinbefore described, and a ballot which was placed in the ballot box without being
voted, shall be considered as a mutilated ballot and shall be retained separately
from the ballots which have been counted whole or in part.
[NCA 99–20, § 7–128, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–406. Watchers; appointment and duties
Any candidate in a primary election, or general election, shall be entitled to
have a watcher present at any place where an official count is being conducted.
377
Title 19, § 7–406
ELECTIONS
Said watcher must be commissioned in writing by the candidate. Said commission must be filed with the Manager of the Election Board no later than 5:00
p.m. on Wednesday preceding the election. Watchers must subscribe to an oath
to observe all laws and rules prescribed for watchers as hereinafter provided.
Said oath must be administered by the Inspector of the precinct in which the
watcher is authorized. In all elections, said watcher shall be limited to observing the official count and shall have no further authority than to make written
objections to said count. Said watcher shall be required to remain at the polling
place for the same hours as the precinct workers and shall be confined to the
area wherein the official count is being conducted. If precinct workers are not
used during the election hours, watchers shall be entitled to observe the voterecording after the polls are closed and may, but need not be present at the
polling place at other times. All watchers shall serve on a volunteer basis and
shall not be paid for their service.
[NCA 99–20, § 7–129, approved April 30, 1999; amended by NCA 01–50, § 4, eff. June
1, 2001.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 7–407. Challengers
Any candidate in any election involving candidates shall have the authority to
appoint one (1) challenger for each polling place. All such challengers appointed by a candidate shall be listed together with the polling place at which same
shall be assigned, in a written notice, said notice to be filed with the Manager of
the Election Board no later than 5:00 p.m., on Wednesday preceding the
election. A challenger must be a registered voter of the district, but need not be
a registered voter of the precinct in which he or she serves as a challenger. A
challenger shall be clearly identified as such by a badge prescribed by the
Election Board. A challenger shall have the right to be stationed outside the
voting enclosure, but in view of the Precinct Election Committee. Said challenger shall be entitled to question any person who presents himself or herself
at the polling place to vote, but shall be limited in his or her questioning to
inquiries as to the person’s name, address and voter registration information.
Said challenger shall have the right to challenge any prospective voter. Any
prospective voter so challenged shall be required to sign an affidavit swearing
or affirming that he or she is currently registered and eligible to vote in said
precinct and that he or she has not cast an absentee ballot for said election
before being permitted to vote. Any prospective voter shall not be permitted to
vote in any event unless he or she meets the qualifications otherwise required of
a registered voter.
[NCA 99–20, § 7–130, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
378
Title 19, § 7–410
PREPARATIONS
§ 7–408. Certificate of vote
At the conclusion of the official count, the Precinct Election Committee or the
Precinct Workers, if the Election Board deems precinct workers necessary,
shall execute certificates of vote wherein said Precinct Election Committee or
precinct workers attest to the correctness of the totals. The Inspector shall
cause one copy of each certificate to be posted on the door or entrance of the
polling place and shall cause one copy of each certificate to be transmitted
forthwith to the Manager of the Election Board as set forth in Title 19, § 7–409.
[NCA 99–20, § 7–131, approved April 30, 1999.]
§ 7–409. Ballots and materials placed in ballot box; return to Election
Board
All ballots and all materials used in conducting the official count shall be
placed in the ballot box. Said ballot box shall be locked, and the Inspector shall
return it, along with all other election materials and a copy of each certificate
of vote, forthwith to the Election Board.
[NCA 99–20, § 7–132, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–410. Retention of ballot box
The Election Board shall not disturb anything in the ballot box, unless it is
necessary to count the ballots due to a lack of counting by the precinct workers
or the Precinct Election Committee. The ballot box shall be retained by the
Manager of the Election Board and remain unopened unless a court orders a
particular box or boxes to be opened by the Manager of the Election Board or it
is necessary to open a ballot box in order to use it at the next election, at which
time the ballots shall be destroyed; provided, however, that in no case shall the
ballots be destroyed until thirty (30) days after the election in which the ballots
were cast. Provided, however, if the certificate of vote or poll book has been
locked inside a ballot box inadvertently, said box may be opened in public view
in the presence of all members of the Election Board by the inspector, who
shall remove only said certificate or poll book and relock the ballot box.
Provided further, that said ballot box may be opened in public view to remove,
process and count all ‘‘challenged’’ ballots for that precinct.
[NCA 99–20, § 7–133, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
379
Title 19, § 7–411
ELECTIONS
§ 7–411. Retention of keys
Each member of the Election Board shall retain only one (1) key to each
ballot box until the time for contests of elections has expired, or until the boxes
are opened pursuant to such a contest.
[NCA 99–20, § 7–134, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–412. Canvassing returns
The Election Board shall convene at the Tribal Capitol Complex in Okmulgee
County, Okmulgee, Oklahoma, or at such other place as the Election Board
may designate on the day of each election, for the purpose of receiving the
official precinct returns and shall remain in session until said precinct returns
are all delivered. The Election Board shall cause to be listed the results of such
election, as the official precinct returns are received upon forms prescribed by
the Election Board. The Election Board shall use such precinct returns to
certify the results of such election for Tribal offices and Tribal questions, and
the Precinct Election Committees shall transmit immediately to the Election
Board the completed returns for all Tribal offices and Tribal questions. Precinct returns shall be prima facie evidence of the correctness of the results in
the several districts. The Election Board shall use the precinct returns to certify
the results of such election for all Tribal offices and Tribal questions.
[NCA 99–20, § 7–135, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 7–413. Methods of sealing
The Election Board shall prescribe methods of sealing all ballots, all certificates of vote and all materials used in recording the count of the ballots in such
a manner that any tampering or alteration of the election materials after such
materials have been sealed would be detected.
[NCA 99–20, § 7–136, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
380
CHAPTER 8.
CERTIFICATION AND CONTESTS
Subchapter
1. Certification
2. Contests
SUBCHAPTER 1.
CERTIFICATION
Section
8–101. Certifying nominees.
8–102. Certificates of nomination not required.
8–103. Certificates of election.
8–104. Lists and certificates to be prescribed by Manager of Election Board.
8–105. Tie votes.
8–106. Time for issuing lists or certificates.
8–107. Right to certificate.
8–108. Lighthorsemen to provide security for ballot boxes.
Cross References
Majority vote required, see Const. Art. IV, § 4.
§ 8–101. Certifying nominees
The Election Board shall certify a list of nominees for the offices for which
the Election Board accepts filings of Declaration of Candidacy following the
primary election.
[NCA 99–20, § 8–100, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–102. Certificates of nomination not required
The Election Board shall not be required to provide Certificates of Nomination to candidates.
[NCA 99–20, § 8–101, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–103. Certificates of election
The Election Board shall certify a list of successful candidates for offices for
which the Board accepts filings of Declaration of Candidacy and shall provide
Certificates of Election to the same following the general election or special
election.
[NCA 99–20, § 8–102, approved April 30, 1999.]
381
Title 19, § 8–103
ELECTIONS
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–104. Lists and certificates to be prescribed by Manager of Election
Board
The lists and certificates prescribed in Title 19, § 8–103 shall be prescribed
by the Manager of the Election Board.
[NCA 99–20, § 8–103, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–105. Tie votes
When a tie vote occurs in the election of any candidate in any primary or
general election, the Election Board shall request the Principal Chief to set an
election date.
[NCA 99–20, § 8–104, approved April 30, 1999.]
Cross References
Procedure when determination of successful party is impossible, see § 19-8-210.
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–106. Time for issuing lists or certificates
A. The list and certificates prescribed in Title 19, § 8–103 shall not be issued
by the Election Board prior to 5:00 p.m. on the Friday next following a primary
or general election.
B. If no contest has been filed by 5:00 p.m. on the first Friday following an
election, the Election Board shall declare the result of such election and shall
issue the appropriate lists and certificates to the successful party as provided by
law. Provided, however, that no such lists or certificates shall be issued until
the total of all returns has been verified, and a complete tabulation thereof
made.
[NCA 99–20, §§ 8–105, 107, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–107. Right to certificate
No property right to a Certificate of Election shall arise or be created until
such time as the Election Board certifies the list of successful candidates and
issues the Certificates of Election in accordance with this chapter.
[NCA 99–20, § 8–106, approved April 30, 1999.]
382
Title 19, § 8–202
CERTIFICATION
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–108. Lighthorsemen to provide security for ballot boxes
It shall be the duty of the Lighthorsemen to provide security for the ballot
boxes from the time said ballot boxes are stored by the Election Board
following an election until 5:00 p.m. on the first Friday following the election
or, in the event a recount contest is filed, until such time as said ballot boxes
are delivered to the Mound Auditorium of the Tribal Complex, or if said room is
unavailable then at such other place at the Capitol Complex as the Election
Board may order.
[NCA 99–20, § 8–109, approved April 30, 1999; amended by NCA 01–50, § 6, eff. June
1, 2001.]
Library References
Indians O217.
Westlaw Topic No. 209.
SUBCHAPTER 2.
CONTESTS
Section
8–201. Time for filing contest or recount.
8–202. Petition for recount; filing fee; service of notice.
8–203. Conduct of recount; duties of Supreme Court Justices.
8–204. Agents for candidates.
8–205. Recount procedure for counting ballots; watcher.
8–206. Certification of results.
8–207. Recount may not cease.
8–208. Expenses of recount.
8–209. Petition for fraud or irregularities.
8–210. Determination of successful party impossible; procedure; Principal Chief to
call special election.
§ 8–201. Time for filing contest or recount
Any candidate whose name appears on a primary or general election ballot
may, at any time before 5:00 p.m. on the first Friday following an election,
contest the correctness of the announced results of said election or allege fraud
or irregularities by filing a written petition with the Election Board. Contests
shall not be permitted in any election except those in which candidates are
seeking office.
[NCA 99–20, § 8–108, approved April 30, 1999; amended by NCA 01–50, § 5, eff. June
1, 2001.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–202. Petition for recount; filing fee; service of notice
In the event a candidate requests a recount of the ballots cast in an election,
he or she must set forth in his or her petition the precincts and absentee ballots
383
Title 19, § 8–202
ELECTIONS
which he or she desires to be recounted. Said petition must be accompanied by
either a money order, cashier’s or certified check or a bank instrument
equivalent to such checks in the non-refundable amount of one thousand
dollars ($1,000.00) for each district affected by the petition. When such petition
is properly filed and the filing fee of one thousand dollars ($1,000.00) duly paid,
it shall be the duty of the Manager of the Election Board to order said recount
to begin not less than three (3) nor more than ten (10) calendar days from the
date of filing of said petition. It shall be the duty of such contestant to cause to
be served upon the candidate or candidates opposing him or her, and directly
affected by said contest, a true copy of said petition and a true copy of said
order. A copy of said petition and order shall be served in person upon the
opposing candidate or candidates within twenty-four (24) hours after the filing
of said original petition of contest. Procedures shall follow those stated in Title
19, § 8–203.
[NCA 99–20, § 8–110, approved April 30, 1999; amended by NCA 01–50, § 7, eff. June
1, 2001.]
Cross References
Election Board Special Depository Account, see Title 37, § 2–215.
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–203. Conduct of recount; duties of Supreme Court Justices
Once service has been made in accordance with Title 19, § 8–202, the actual
recount of ballots shall be conducted by the Precinct Election Committee or the
precinct workers and/or the absentee workers designated by the Manager of the
Election Board. The recount shall be conducted in the Auditorium of the
Mound Building, or if said room is not available then at such other place at the
Capitol Complex as the Election Board may order in which case the Election
Board shall immediately post notice of the time and place of the recount at
prominent places in the Capitol Complex. It shall be the duty of a quorum of
the Supreme Court Justices of the Muscogee (Creek) Nation to attend and, in
conjunction with the Election Board, conduct a recount. It shall be the
exclusive and sole duty of said Justices to hear evidence as to whether the
ballots have been preserved in the manner prescribed by this title, whether the
ballots are the identical ballots cast by the voters, and whether the ballots have
been exposed to the reach of unauthorized persons thus affording a reasonable
opportunity for an unauthorized person to tamper with or change the ballots.
The judgment of said Justices upon such questions shall be final and conclusive.
If the Justices cannot determine that the ballots have been properly preserved,
then no recount shall be conducted. If the judgment of the Justices is that the
ballots have been properly preserved, then the recount of the ballots shall be
conducted immediately thereafter under the exclusive supervision of the Election Board.
[NCA 99–20, § 8–111, approved April 30, 1999.]
384
Title 19, § 8–206
CERTIFICATION
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–204. Agents for candidates
The contestant shall be authorized to commission in writing no more than
one (1) agent for each district wherein the recount is being conducted to act on
his behalf. Said commission shall be filed with the Manager of the Election
Board prior to the recount proceedings set forth in Title 19, § 8–203. The same
authority shall be granted to any contestee. Such agent or agents shall have full
authority to act on behalf of the candidate he is commissioned to represent in
the absence of said candidate.
[NCA 99–20, § 8–112, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–205. Recount procedure for counting ballots; watcher
In conducting the recount of ballots, the Election Board shall open each
ballot box individually and shall assign said ballots to a group of precinct
workers or the Precinct Election Committee and/or the absentee workers
appointed by the Election Board. Said precinct workers of the Precinct
Election Committee and/or absentee workers shall then conduct a manual
recount of the ballots. The Election Board shall supervise such counting and
its decision shall be final in all cases. Each candidate affected by the recount is
entitled to have a watcher present at each place where a count is being made.
Said watcher shall be limited to a challenge, in writing, of any decision made
by the precinct workers or the Precinct Election Committee and/or the absentee
workers with regard to the counting of ballots. Such challenge shall be made
immediately to the Election Board, whose decision on said challenge shall be
final. Said precinct workers shall be appointed from among the registered
voters of the districts involved and shall meet such qualifications as may be
imposed for a precinct inspector, judge or clerk. precinct workers shall be
paid on the same basis as they are paid for primary or general elections.
[NCA 99–20, § 8–113, approved April 30, 1999; amended by NCA 03–043, § 6, approved March 3, 2003.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–206. Certification of results
When all ballots have been counted, the Election Board shall tabulate the
votes and shall issue appropriate lists and certificates in accordance with Title
19, § 8–103.
[NCA 99–20, § 8–114, approved April 30, 1999.]
385
Title 19, § 8–206
ELECTIONS
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–207. Recount may not cease
The recount shall continue until such time as all the ballots in said district
have been recounted, and the recount is complete.
[NCA 99–20, § 8–115, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–208. Expenses of recount
Deposits accompanying petitions shall be used by the Election Board to
defray the actual expenses of said recount. Expenses shall include stipends of
the Board members, which shall be made on a per diem basis at a rate set by
law; stipends set by the Election Board for absentee workers and the Precinct
Election Committee deemed necessary by the Election Board to conduct an
expedient and accurate recount; per diem for the presiding judge; per diem for
witnesses; and for all other actual and necessary expenses.
[NCA 99–20, § 8–116, approved April 30, 1999.]
Cross References
Election Board Special Depository Account, see Title 37, § 2–215.
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–209. Petition for fraud or irregularities
In the event a candidate contests the correctness of the announced results of
an election, by alleging fraud or any other irregularities, said candidate shall
file with the Manager of the Election Board a contest petition, at any time
before 5:00 p.m. on the first Friday following an election, setting forth with
particularity the facts which are alleged to constitute fraud and irregularities.
Said petition must be accompanied by either a money order, cashier’s or
certified check or a bank instrument equivalent to such checks in the nonrefundable amount of one thousand dollars ($1,000.00) for each district affected by the petition. When such petition is properly filed and the filing fee of one
thousand dollars ($1,000.00) duly paid, the Manager of the Election Board shall
immediately file or cause to be filed said contest petition in the District Court of
the Muscogee (Creek) Nation. A hearing on the contest petition shall be set by
the District Court no less than three (3) nor more than ten (10) calendar days
from the date of the filing of said petition in the District Court. The District
Court shall immediately render an oral decision at the conclusion of the
hearing, and shall file a written order and opinion consistent with the oral
decision no later than the following calendar day. Any appeal to the Muscogee
(Creek) Nation Supreme Court shall be filed within three (3) calendar days of
386
Title 19, § 8–210
CERTIFICATION
the oral decision of the District Court. If the deadline for filing an appeal falls
on a holiday or weekend, the Appellant shall contact the Court Clerk in order to
make arrangements for filing the appeal within the three (3) calendar day filing
period. A hearing on the appeal shall be set by the Supreme Court no less than
three (3) nor more than ten (10) calendar days from the date of the filing of the
appeal in the Supreme Court. The Supreme Court shall immediately render an
oral decision at the conclusion of the hearing, and shall file a written order and
opinion consistent with the oral decision no later than three (3) calendar days
after the date the oral decision was rendered. The decision of the Muscogee
(Creek) Nation Supreme Court shall be final and conclusive.
[NCA 99–20, § 8–117, approved April 30, 1999; amended by NCA 01–50, § 8, eff. June
1, 2001.]
Cross References
Election Board Special Depository Account, see Title 37, § 2–215.
Library References
Indians O217.
Westlaw Topic No. 209.
§ 8–210. Determination of successful party impossible; procedure; Principal Chief to call special election
In the event that, after a hearing is conducted, it is deemed impossible to
determine to whom a Certificate of Election shall be issued, the District Court
shall notify the Election Board of the same and shall then order a new election
to be conducted as soon as is practicable in the same manner as the contested
election with the identical candidates. However, any candidate proved to have
committed fraud in the election shall not be a candidate in the new election.
Provided further, this section shall not apply to elections resulting in tie votes,
which elections shall be determined as provided by Title 19, § 8–105. It shall
be the duty of the Manager of the Election Board to notify the Principal Chief of
said decision of the Muscogee (Creek) Nation District Court.
[NCA 99–20, § 8–118, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
387
CHAPTER 9.
SPECIAL ELECTIONS
Section
9–101. Vacancies in elected office.
9–102. Proclamation required.
9–103. Dates for filing period; elections.
9–104. General laws apply.
9–105. Term.
§ 9–101. Vacancies in elected office
Whenever a vacancy shall occur due to death, resignation or removal in the
Office of the Principal Chief or the Office of Second Chief or due to such
disability that the person occupying the office is unable to perform the duties of
the office, said vacancy shall be filled in accordance with Article V, Section 1(c)
of the Constitution of the Muscogee (Creek) Nation. In the case of a vacancy in
any other elected offices due to any of the foregoing-listed causes, a special
election shall be called in the same manner as prescribed for that of the Second
Chief, provided, that the time limits of this title set forth in Chapter 1 shall
apply to the filling of the vacancy, unless it occurs within the last six (6) months
of the term, in which case the term shall remain vacant until the next election.
[NCA 99–20, § 9–100, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 9–102. Proclamation required
In calling such an election, the Principal Chief shall issue a proclamation, a
copy of which must be filed with the Manager of the Election Board.
[NCA 99–20, § 9–101, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 9–103. Dates for filing period; elections
Said proclamation shall contain the following facts:
A. A filing period of three (3) days, on Monday, Tuesday, and Wednesday,
not less than ten (10) days from the date of said proclamation;
B. The date of the special primary election, not less than twenty (20) days
after the close of the filing period;
C. The date of the special general election, not less than twenty (20) days
after the date of the primary election.
[NCA 99–20, § 9–102, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
388
Title 19, § 9–105
SPECIAL ELECTIONS
§ 9–104. General laws apply
Special elections shall be conducted under the provisions of this Title applicable to primary and general elections.
[NCA 99–20, § 9–103, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
§ 9–105. Term
The successful candidate shall serve the remainder of the unexpired term of
the vacant office.
[NCA 99–20, § 9–104, approved April 30, 1999.]
Library References
Indians O217.
Westlaw Topic No. 209.
389
CHAPTER 10.
Section
10–101.
10–102.
10–103.
10–104.
10–105.
10–106.
10–107.
10–108.
10–109.
10–110.
10–111.
10–112.
10–113.
10–114.
10–115.
10–116.
10–117.
ABSENTEE VOTING
Absentee ballots authorized.
Request for absentee ballot.
Transmittal of ballot to voter.
Materials to accompany ballot.
Return of ballots.
Incapacitated voters; application for absentee ballot.
Emergency request for absentee ballot.
Handling of returned absentee ballot.
Examination of signatures; removal of outer envelope.
Absentee workers; appointment.
Counting procedures.
Counting by Election Board in certain cases.
Prescribing forms.
Instructions.
List of absentee voters.
Retention of materials.
Notification of rejection.
§ 10–101. Absentee ballots authorized
Absentee ballots shall be authorized for all elections unless specifically denied
by law. In accordance with Article IV, Section 9, of the Constitution of the
Muscogee (Creek) Nation, citizens who fail to timely declare a home district
upon registering to vote shall be ineligible to vote.
[NCA 99–20, § 10–101, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–102. Request for absentee ballot
A. No absentee ballot shall be provided to any absentee voter for any
primary election, general election, special election, or any primary or special
election to fill a vacancy for any elected Tribal office without a written request
from a registered voter.
B. All absentee ballot requests must be in writing by the registered voter no
later than 5:00 p.m. on the Thursday which is twenty-four (24) days before each
primary election. A voter who has timely requested an absentee ballot in
accordance with the foregoing shall be entitled to vote absentee in the General
Election. Telephone requests for absentee ballots will not be accepted. For the
purpose of assisting the absentee Creek voter, the Election Board is hereby
directed to mail a request form to all absentee voters who are registered with
the Election Board. The form shall be titled ‘‘Request for Absentee Ballot,’’ and
shall state, ‘‘I hereby request an absentee ballot be mailed to the following
address.’’ The form shall contain a space for a signature and address of the
voter requesting the absentee ballot.
C. At the time an individual requests an absentee ballot pursuant to subsection B of this section, a registered voter, who swears or affirms to the Election
390
Title 19, § 10–105
ABSENTEE VOTING
Board that such individual intends to be absent on the day of the election from
the district wherein such individual is registered, may apply for an absentee
ballot with the Election Board for the ensuing election only.
[NCA 99–20, §§ 10–100, 102, 104, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–103. Transmittal of ballot to voter
A. When such application is received by the Manager of the Election Board,
it shall be his or her duty to verify the registration of said voter and to transmit,
by United States mail, a ballot or ballots which said voter has requested and is
entitled to receive.
B. Absentee ballots shall be mailed not more than twenty (20) days prior to
the election, except for ballots to be mailed outside the continental limits of the
United States which may be mailed not more than thirty (30) days prior to such
election.
[NCA 99–20, §§ 10–103, 105, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–104. Materials to accompany ballot
Said absentee ballot or ballots must be accompanied by:
A. A printed opaque envelope marked ‘‘ABSENTEE BALLOT’’ in which a
voted ballot or ballots must be placed by the voter.
B. A return envelope bearing a statement affirming that the voter is a
registered voter of the Muscogee (Creek) Nation and a place for the required
signature of said voter.
[NCA 99–20, § 10–106, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–105. Return of ballots
The voter shall be required to mark his or her ballot; seal the ballot in the
opaque envelope printed ‘‘ABSENTEE BALLOT’’; seal the printed opaque
envelope inside the return envelope; sign the statement in the space provided
for the signature of the voter on the return envelope; and return both envelopes, the opaque envelope sealed inside the other, by United States mail to the
Okmulgee Post Office by 11:00 a.m. on election day.
[NCA 99–20, §§ 10–103, 107, approved April 30, 1999.]
391
Title 19, § 10–105
ELECTIONS
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–106. Incapacitated voters; application for absentee ballot
A registered voter who swears or affirms that he or she is physically
incapacitated and thereby unable to vote in person at his or her precinct on the
day of the election may apply for an absentee ballot by following the procedures
set forth in subsection C of Title 19, § 10–102.
[NCA 99–20, § 10–108, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–107. Emergency request for absentee ballot
A. If the Election Board receives a request from a registered voter of the
Muscogee (Creek) Nation who, due to hospitalization, shall be unable to vote in
his or her district on the day of the election, the Election Board shall declare
this an emergency and shall issue said person an absentee ballot. The deadline
for requesting an emergency ballot shall be 10:00 a.m. on the day of the
election. No emergency ballot shall be issued prior to election day.
B. The procedure for persons requesting ballots due to hospitalization is as
follows:
1. Upon request of an emergency absentee ballot, the Election Board
Chairman shall designate one or more Election Board members to deliver
emergency absentee ballots.
2. On the day of the election, said appointed Election Board members shall
deliver an emergency absentee ballot or ballots to each registered voter of the
Muscogee (Creek) Nation who is hospitalized and who has requested said ballot
or ballots. Requests for emergency absentee ballots must be made prior to
10:00 a.m. on the date of the election.
3. The voter requesting an emergency absentee ballot must first complete an
affidavit provided by the Election Board stating that he or she is under a
doctor’s care at a hospital and is unable to vote in person. This affidavit must
be signed by the attending doctor, nurse or other person in charge of that area
of the hospital.
4. In the presence of the Election Board members, the voter shall then mark
his or her ballot in such a manner as to make it impossible for any person other
than the voter to ascertain how said ballot is marked. In so far as is possible,
the voting procedure shall be the same as if the voter were casting his or her
vote in person at a precinct.
5. The voter shall then place said ballots in the printed opaque envelope
marked ‘‘ABSENTEE BALLOT’’ and then place said opaque printed envelope
in the return envelope. The return envelope shall contain the voter’s signature
392
Title 19, § 10–109
ABSENTEE VOTING
on the space provided on the return envelope. The Election Board members
designated to deliver the emergency absentee ballot or ballots must witness said
signature.
6. The return envelope then must be returned with the ballot enclosed and
the emergency affidavit which was witnessed by the members of the Election
Board. The Election Board will then present the return envelope to the
absentee counters for tabulation.
C. Election Board members appointed to deliver an emergency absentee
ballot or ballots shall be reimbursed for their expenses at the applicable Tribal
rate of per diem plus mileage at the applicable rate.
[NCA 99–20, § 10–109, approved April 30, 1999; amended by NCA 01–50, § 9, eff. June
1, 2001.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–108. Handling of returned absentee ballot
Absentee ballots received by the Election Board must be marked, sealed in
the inner envelope and mailed in the pre-addressed outer envelope. Valid
absentee ballots must be received at the Election Board’s post office box in
Okmulgee, Oklahoma, prior to 11:00 a.m. on election day. Absentee ballot
boxes shall be designated and placed in the Okmulgee Post Office. As absentee
ballots are received by the Okmulgee Post Office prior to 11:00 a.m. on election
day, said ballots are to be placed in the absentee ballot boxes. The ballot boxes
shall be secured with three (3) locks. The keys to the said ballot boxes will be
maintained by the Lighthorse Administration until the day of the election. The
Election Board shall designate two (2) Election Board members and a member
from the Lighthorse Administration to transport absentee ballot boxes to the
public location deemed appropriate by the Election Board on election day.
Before transporting the absentee ballot boxes, the Election Board members
shall ask the Postmaster, or person in charge, to check the Okmulgee drop box
and the front counter of the post office to make sure that all absentee ballots
submitted by 11:00 a.m. have been collected.
[NCA 99–20, § 10–110, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–109. Examination of signatures; removal of outer envelope
At 11:00 a.m. on election day, absentee ballot boxes shall be transported from
the Okmulgee Post Office to the Tribal Complex. The Lighthorse personnel will
then give the keys to the Election Board staff to open absentee ballot boxes.
Upon receipt of the absentee ballots the Election Board shall cause the
examination of the signatures in public at a location deemed appropriate. After
393
Title 19, § 10–109
ELECTIONS
each absentee voter is credited with voting in said election on the appropriate
form, the outer envelopes shall be removed and placed in a secure place. The
envelopes marked ‘‘Absentee Ballot’’ shall be returned to the ballot box. Said
procedures shall continue until all signatures have been examined.
[NCA 99–20, § 10–111, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–110. Absentee workers; appointment
The Election Board shall submit a minimum of eight (8) names plus two (2)
alternate names to the National Council for approval at least sixty (60) days
preceding the Tribal election. The National Council shall approve or disapprove the names presented. In the event the Election Board fails to comply
with this provision of this Title, then the members of the National Council shall
submit recommendations to the Speaker who shall compile from the submitted
names a list of ten (10) names and resubmit them to the National Council for
confirmation. These persons will be recognized as the official absentee workers for any election that is currently being conducted. Said absentee workers
shall meet all qualifications required of Precinct Election Committee members,
except absentee workers need not be absentee voters. Said absentee workers
shall each be paid a stipend at a rate set by the Election Board. Mileage
reimbursements, for actual miles driven, shall be paid in accordance with
Muscogee (Creek) Nation regulations.
[NCA 99–20, § 10–112, approved April 30, 1999; amended by NCA 01–50, § 10, eff.
June 1, 2001.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–111. Counting procedures
A. At 10:00 a.m. on the day of the election, said Absentee Workers shall
meet to count absentee ballots in the manner hereinafter prescribed depending
on whether the election is being conducted by manual count or electronic
voting machine.
B. The absentee ballot counting procedures when conducting an election
with electronic voting machines shall be as follows:
1. Counting of absentee ballots shall commence at 11:00 a.m. at the Tribal
Complex at a public location deemed appropriate by the Election Board.
2. Upon delivery of the absentee ballots at the Tribal Complex, each absentee ballot outer envelope shall be separated by District and within each District
arranged in alphabetical order.
3. The signature located on the outside of each outer envelope shall be
checked to ensure that it is the signature of the absentee voter.
394
ABSENTEE VOTING
4.
Title 19, § 10–111
The outer envelope for each District shall be counted and recorded.
5. Each outer envelope shall be opened and separated from the inner
envelope, and the outer envelopes shall then be counted.
6. The inner envelopes shall then be opened, the absentee ballots therein
shall be removed, and the inner envelopes shall then be counted.
7. The absentee ballots shall then be gathered and inserted into the electronic voting machine. Any absentee ballots that cannot be counted by the
electronic voting machine shall be counted by hand by the absentee workers.
8. After the polls close, the total tape shall be printed by the electronic
voting machine.
9. After the tape is finished printing, all members of the Election Board that
are assigned to the absentee precinct shall sign on the designated lines on the
tape and the precinct tally sheet shall be completed. Two (2) additional copies
of the totals tape shall be printed. Each copy shall be signed by the Election
Board members assigned to the absentee precinct.
10. As soon as possible after the precinct polls close, the absentee voter
count results shall be posted at the Tribal Complex.
11. After the members of the Election Board assigned to the absentee
precinct sign the totals tape, all ballots, the total tape, and outer and inner
envelopes shall be placed in the absentee ballot box or boxes and delivered to
the offices of the Election Board; and
12. The absentee counters shall complete the ballot accounting form and
attach it to the original totals tape and to the precinct tally sheet and the said
form, tape, and tally sheet shall be placed in the elections return envelope for
return to the Election Board.
C. The counting procedures when conducting an election with manual
absentee paper ballots shall be as follows:
1. Counting of absentee ballots shall commence at 11:00 a.m. at the Tribal
Complex at a public location deemed appropriate by the Election Board.
2. Upon delivery of the absentee ballots at the Tribal Complex, each absentee ballot outer envelope shall be separated by district and within each district
arranged in alphabetical order.
3. The signature located on the outside of each outer envelope shall be
checked to ensure that it is the signature of the absentee voter.
4.
The outer envelope of each district shall be counted and recorded.
5. Each outer envelope shall be opened and separated from the inner
envelope, and the outer envelopes shall then be counted.
6. The inner envelopes shall then be opened, the absentee ballots therein
shall be removed, and the inner envelopes shall then be counted.
7. The absentee workers shall then count the absentee voter ballots. For
each precinct, two (2) absentee workers shall read the vote on each ballot and
two (2) other absentee workers shall each mark a tally sheet. Each tally sheet
completed shall be signed and dated by the absentee workers.
395
Title 19, § 10–111
ELECTIONS
8. At the conclusion of the official count, the absentee workers shall execute
certificates of vote wherein said absentee workers attest to the correctness of
the totals. One (1) copy of the certificate shall be posted at the Tribal Complex;
one (1) copy shall be transmitted forthwith to the Manager of the Election
Board; and one (1) copy shall be placed in the absentee ballot box or boxes.
9. As soon as practicable after the precinct polls close, the absentee voter
count results shall be posted by the Manager of the Election Board.
10. All absentee ballots, envelopes and a certificate of vote shall be placed in
the absentee voter ballot box or boxes for transmittal to the offices of the
Election Board.
[NCA 99–20, § 10–113, approved April 30, 1999.]
Cross References
Procedures for precinct counting, see Title 19, § 7–401.
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–112. Counting by Election Board in certain cases
In the event no absentee workers are authorized, the Election Board shall
conduct the count of absentee ballots in the manner provided in this chapter.
Each tally sheet completed shall be signed and dated by the Election Board.
[NCA 99–20, § 10–114, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–113. Prescribing forms
The Manager of the Election Board shall prescribe all forms to be used in
administering absentee ballots.
[NCA 99–20, § 10–115, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–114. Instructions
The Manager of the Election Board shall prescribe instructions for voting by
absentee ballot. A copy of said instructions shall be mailed to each voter
requesting an absentee ballot.
[NCA 99–20, § 10–116, approved April 30, 1999.]
396
Title 19, § 10–117
ABSENTEE VOTING
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–115. List of absentee voters
A. Prior to the day of the election, the Manager of the Election Board shall
provide to the Precinct Election Committee a list of the names of all voters in a
precinct who have requested absentee ballots.
B. A copy of the absentee voter list shall be publicly posted at the office of
the Election Board on the day preceding the election. Absentee voter lists will
consist of absentee voter names only.
[NCA 99–20, §§ 10–117, 118, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–116. Retention of materials
All materials used for procuring and casting an absentee ballot shall be
retained by the Manager of the Election Board for a period of six (6) months
after the official results of the election. Said copy of the absentee list, which
includes absentee voter names only, shall be retained in the Election Board
office for a period of six (6) months following the official results of the election
and shall be subject to public inspection during regular office hours.
[NCA 99–20, § 10–119, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 10–117. Notification of rejection
In the event of a voter’s application or statement of eligibility is rejected for
any reason, the Manager of the Election Board shall immediately notify said
voter in writing of the rejection and the reason therefore.
[NCA 99–20, § 10–120, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
397
CHAPTER 11.
Section
11–101.
11–102.
11–103.
11–104.
11–105.
11–106.
CONSTITUTIONAL AMENDMENTS
Committee establishment; term.
Committee number; selection; vacancies.
Committee officers.
Committee authority and procedures.
Committee meetings.
Compensation and reimbursement for expenses.
Historical and Statutory Notes
NCA 01–78, § 1, provides:
‘‘Section 1. Findings.
‘‘A. The Muscogee (Creek) Nation Constitution has been amended only a few times since
ratification of the Constitution by citizens of the
Muscogee (Creek) Nation in 1979.
‘‘B. It is in the interests of the Muscogee
(Creek) Nation government and its citizens to
periodically review the Constitution and identify
potential Constitutional amendments for submission to the National Council for potential
approval and submission to vote of the people.
‘‘C. A Constitution Amendment Committee
should be established to review the Constitution
and to develop potential amendments for submission to the National Council; provided that
each potential amendment must be approved by
a two-thirds affirmative vote of the National
Council before submission to a vote of the people, as required by Article IX, Sec. 1(a) of the
Constitution.
‘‘D. The Constitution Amendment Committee should be comprised of elected officials of
the Muscogee (Creek) Nation, as well as individual citizens who will represent each legislative
District in the Constitutional amendment process.
‘‘E. Funds will be needed for payment of
copying expenses, advertising expenses, court
reporter costs and reimbursement of individual
citizen Committee members for mileage for attendance of Committee meetings and public
hearings called by the Committee.’’
Cross References
Amendment of Constitution, see Const. Art. IX, § 1.
§ 11–101. Committee establishment; term
A. Initial establishment of committee; term. The Constitution Amendment
Committee is hereby established. The committee members shall serve a term
commencing from date of appointment until December 31, 2003.
B. Subsequent organization of committees; term. After the term of the first
Constitution Amendment Committee organized under this chapter expires on
December 31, 2003, new Constitution Amendment Committees shall be organized thereafter pursuant to this chapter whenever deemed in the interests of
the Nation by Tribal Resolution calling for the organization of a new Constitution Amendment Committee; provided that the term of each such new committee so organized shall commence from date of appointment of committee
members and end on a date which shall be specified in the Tribal Resolution
calling for the organization of a new Constitution Amendment Committee;
provided further that each said committee term shall not exceed four years and
shall end on December 31 of an election year.
[NCA 01–78, § 2, approved May 7, 2001.]
Library References
Indians O210, 214.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
398
CONSTITUTIONAL AMENDMENTS
Title 19, § 11–102
§ 11–102. Committee number; selection; vacancies
A. Number of committee members; list. The Constitutional Amendment
Committee shall consist of eighteen (18) members. Ten (10) members shall be
persons who serve by virtue of their status as elected or appointed officials of
the Muscogee (Creek) Nation as described in subsection B of this section, and
eight (8) members shall be Muscogee (Creek) Nation citizens as described in
subsection C of this section. A list of the Constitutional Amendment Committee
members shall be prepared by the Executive Office. Copies of the list shall be
maintained in the Executive Office, National Council Office and Muscogee
(Creek) Nation District Court.
B. Members. In addition to the eight (8) citizen members described in
subsection C of this section, the Committee shall consist of the following ten
(10) Muscogee (Creek) Nation officials:
1. The Principal Chief or the Second Chief if designated to serve by the
Principal Chief;
2.
The Muscogee (Creek) Nation District Court Judge; and
3. Eight (8) National Council Representatives as follows: one (1) from each
legislative district of the Muscogee (Creek) Nation, who shall be appointed by
the Speaker of the National Council after consultation with the National
Council Representatives of each such district.
C. Citizen members. In addition to the ten (10) committee members
described in subsection B of this section, the Committee shall consist of eight
(8) individual citizens of the Muscogee (Creek) Nation, each of whom shall
serve on the Committee as a representative of one of the eight (8) legislative
districts, subject to the following requirements and provisions:
1. Each citizen Committee member shall be eighteen (18) years of age or
older and shall not be an employee of the Muscogee (Creek) Nation;
2. Each citizen Committee member shall be selected by recommendation of
the National Council Representatives of the legislative district which he or she
is to represent;
3. Each citizen Committee member shall be confirmed by the Principal
Chief and the Speaker by jointly executed letter upon presentation of a written
recommendation from a majority of National Council Representatives who
represent the specific legislative district for which the designated person is to
serve as a Committee member, provided that said jointly executed letter shall
be duly recorded with the National Council Secretary;
4. Nothing herein shall require that an individual citizen is required to
reside within the jurisdictional boundaries of the Muscogee (Creek) Nation in
order to be eligible to serve on the Committee; and
5. Any person who serves as an elected official of a Chartered Muscogee
(Creek) Indian Community shall be eligible to serve as a citizen member of the
Committee, notwithstanding any other provision of Muscogee (Creek) Nation
law placing limitations on such community officials.
399
Title 19, § 11–102
ELECTIONS
D. Vacancies—Committee Members. In the event that a Committee member loses his or her status as an elected or appointed official of the Muscogee
(Creek) Nation during the term of the Committee due to failure to be re-elected,
resignation, death, or for any other reason, that official’s Committee position
shall become vacant immediately upon the occurrence of such event, and shall
be filled in accordance with the requirements of sub-section B of this section.
[NCA 01–78, § 3, approved May 7, 2001; amended by NCA 03–206, § 1, approved Nov.
26, 2003.]
Library References
Indians O214.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 11–103. Committee officers
The Constitution Amendment Committee shall elect the following officers at
its first organizational meeting: Chairperson, Vice-Chairperson and two (2)
Sergeants-at-Arms. The Chairperson shall be responsible for conducting the
meetings. In the absence of the Chairperson or when otherwise requested by
the Chairperson, the Vice-Chairperson shall be responsible for conducting the
meetings. The Sergeants-at-Arms shall be responsible for ensuring that order is
maintained at all Committee meetings and public hearings, including securing
the attendance of a Lighthorse Police Officer at such meetings and hearings
when deemed in the best interest of the Committee and the public.
[NCA 01–78, § 4, approved May 7, 2001.]
Library References
Indians O214.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 11–104. Committee authority and procedures
A. Responsibilities. The Constitution Amendment Committee shall be responsible for identifying areas in the Constitution which may need amendment
or revision; obtaining citizen input; and developing and drafting, with the
technical and legal assistance of the Office of the Muscogee (Creek) Nation
Attorney General, potential amendments for submission to the National Council
for its consideration and placement on a ballot for vote of the people.
B. Procedures. The Committee shall determine the procedures to be used
for carrying out its authority, including the manner in which citizen input in
the amendment process will be obtained and including decisions regarding
when a proposed amendment or amendments will be submitted to the National
Council for possible approval for placement on the ballot at any specific
primary election, general election or special election.
C. Support staff. The District Court Judge shall be responsible for providing
District Court employees to provide clerical support, and for coordinating with
the Executive Office and/or the National Council Office for use of Executive
Office and/or National Council Office employees, to provide clerical support,
400
CONSTITUTIONAL AMENDMENTS
Title 19, § 11–106
including assistance with preparations for Committee meetings and hearings
and attendance of and assistance at Committee meetings and hearings.
[NCA 01–78, § 5, approved May 7, 2001.]
Library References
Indians O214.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 11–105. Committee meetings
A. Meeting schedules. The first Constitution Amendment Committee meeting shall be held on a date set by the Principal Chief. The Constitution
Amendment Committee shall schedule regular Committees meetings as needed.
The Chairperson of the Constitution Amendment Committee may also schedule
special meetings as needed upon issuance of written notice at least five (5) days
before the meeting date.
B. Quorum. No Constitution Amendment Committee meeting shall be held
unless a quorum of ten (10) committee members are present, except that
establishment of a quorum shall not be necessary for Constitution Amendment
Committee hearings which are held for the sole purposes of making presentations and obtaining citizen input.
C. Voting. Each member of the committee, including ex officio members,
shall have the right to vote at committee meetings.
D. Records. The District Court Judge shall ensure that a record of each
Committee meeting and hearing is prepared by District Court employees or by
a court reporter on a contractual basis. Such meeting and hearing records shall
be maintained by the Muscogee (Creek) Nation District Court.
[NCA 01–78, § 6, approved May 7, 2001.]
Library References
Indians O214.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 11–106. Compensation and reimbursement for expenses
A. Compensation. Citizen Committee members shall receive a stipend in
the amount of seventy-five and no/100 dollars ($75.00) for each duly called
Committee meeting and public hearings.
B. Mileage reimbursements to ex-officio committee members. Ex-officio
Committee members shall be entitled to reimbursement for mileage expenses
for attendance of Committee meetings and public hearings only as authorized
in accordance with the procedures of his or her respective executive, judicial or
legislative office and only from funding apportioned to such office for performance of official duties.
C. Mileage reimbursement to citizen committee members. Citizen Committee members shall be entitled to receive reimbursement for mileage for
attendance of Committee meetings, attendance of public hearings called by the
401
Title 19, § 11–106
ELECTIONS
committee and travel required for conducting other official Committee business, after submission of an original voucher approved by the Committee
Chairperson or Vice-Chairperson to the Office of the Principal Chief, said
reimbursement to be paid in accordance with applicable Executive Office
accounting policies and procedures from funds appropriated for said purposes
by NCA 01–78.
D. Expenses. Copying expenses, court reporter payments and costs of
advertising Committee meetings, public hearings and constitutional elections
shall be paid after submission of an original voucher approved by the Committee Chairperson or Vice–Chairperson to the Office of the Principal Chief, said
reimbursement to be paid in accordance with applicable Executive Office
accounting policies and procedures from funds appropriated for said purpose
by NCA 01–78.
[NCA 01–78, § 7, approved May 7, 2001; amended by NCA 04–198, § 1, eff. Nov. 8,
2004]
Library References
Indians O214.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
402
CHAPTER 12. CRIMINAL VIOLATIONS
AND PENALTIES
Subchapter
1. Violations
2. Penalties
Cross References
Election Board or Precinct Election Committee members, violation of this title, see Title 19,
§ 2–122.
SUBCHAPTER 1.
Section
12–101.
12–102.
12–103.
12–104.
12–105.
12–106.
12–107.
12–108.
12–109.
12–110.
12–111.
12–112.
12–113.
12–114.
12–115.
12–116.
12–117.
12–118.
VIOLATIONS
Anonymous campaign literature.
Voting illegally.
False swearing.
Fraud.
Bribe to influence vote.
Bribe for withdrawal of candidacy.
Solicitation or acceptance of bribe for withdrawal.
Attempting to prevent registration or voting.
Electioneering.
Intoxicating liquor.
Interference with voter or conduct of election.
Failure to perform duty.
Disclosure by voter.
Disclosure by election official.
Disclosure of count.
Removal of ballot.
Printing or possession of ballots illegally.
False application for absentee ballot.
§ 12–101. Anonymous campaign literature
No person or organization shall, write, print, post or distribute or causes to
be written, printed, posted or distributed, any circular, poster or advertisement
which is designed to injure or oppose the nomination or election of a candidate,
to influence the voters in an election on any constitutional or statutory amendment, or any other issue in a Tribal election, unless there appears upon such
circular, poster or advertisement in a conspicuous place, either the name and
address of the person who is the author thereof or the name and address of the
president, chairman, and secretary, or two (2) officers of the organization,
which sponsored the publication of each written document. Nothing in this
section shall be construed to apply to any matter or thing published in any such
newspaper, magazine or journal recognized and circulating as such, which
matter is published by such newspaper, magazine or journal on its own behalf,
upon its own responsibility and for which it shall not charge or receive any
compensation whatsoever. Nor shall it apply to any publication issued by any
legally constituted election officials in the performance of their duties. Any
person or organization willfully acting in violation of this section shall be guilty
403
Title 19, § 12–101
ELECTIONS
of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor
more than five hundred dollars ($500.00).
[NCA 99–20, § 11–100, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–102. Voting illegally
Any person who votes more than once at any election or who, knowing that
he is not eligible to vote at an election, willfully votes at said election shall be
guilty of a felony.
[NCA 99–20, § 11–101, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–103. False swearing
Any person who swears or affirms a false statement in order to become
eligible to vote at an election, willfully votes at said election shall be deemed
guilty of felony.
[NCA 99–20, § 11–102, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–104. Fraud
Any person who knowingly perpetrates fraud, or who steals supplies used to
conduct an election, in order to change a voter’s vote, or to change the
certification of the results of an election, shall be deemed guilty of a felony.
[NCA 99–20, § 11–103, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–105. Bribe to influence vote
Any person who offers, solicits or accepts something of value intended to
directly or indirectly influence the vote of the person soliciting or accepting
same shall be deemed guilty of a felony.
[NCA 99–20, § 11–104, approved April 30, 1999.]
404
Title 19, § 12–109
CRIMINAL VIOLATIONS
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–106. Bribe for withdrawal of candidacy
Any person who shall offer or give to another anything of value to induce or
cause such other person to withdraw at any election shall be deemed guilty of a
felony.
[NCA 99–20, § 11–105, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–107. Solicitation or acceptance of bribe for withdrawal
Any person who shall solicit or accept from another anything of value for
withdrawing from any political contest as a candidate or nominee for any office
at any election shall be deemed guilty of a felony.
[NCA 99–20, § 11–106, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–108. Attempting to prevent registration or voting
Any person who, by means of coercion or any other method, knowingly
attempts to prevent a qualified elector from becoming registered, or a registered voter from voting, shall be deemed guilty of a felony.
[NCA 99–20, § 11–107, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–109. Electioneering
Any person who electioneers within three hundred (300) feet of any ballot
box while an election is in progress, and any person except election officials
and other persons authorized by law who remains within fifty (50) feet of any
ballot while an election is in progress shall be deemed guilty of a misdemeanor.
[NCA 99–20, § 11–109, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
405
Title 19, § 12–110
ELECTIONS
§ 12–110. Intoxicating liquor
Any person who takes intoxicating liquors of any kind or quantity to within
three hundred (300) feet of any polling place on an election day shall be
deemed guilty of a misdemeanor.
[NCA 99–20, § 11–110, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–111. Interference with voter or conduct of election
Any person who interferes with a registered voter who is attempting to vote,
or any person who attempts to influence the voter of another by means of force
or intimidation, or any person who interferes with the orderly and lawful
conduct of an election shall be deemed guilty of a misdemeanor.
[NCA 99–20, § 11–111, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–112. Failure to perform duty
Any member or employee of a Precinct Election Committee who willfully fails
to perform his lawful duty shall be deemed guilty of a misdemeanor.
[NCA 99–20, § 11–112, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–113. Disclosure by voter
Any person who, within the election enclosure, discloses to any other person
how he voted shall be deemed guilty of a misdemeanor.
[NCA 99–20, § 11–113, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–114. Disclosure by election official
Any election official who discloses how any voter may have voted shall be
deemed guilty of a misdemeanor.
[NCA 99–20, § 11–114, approved April 30, 1999.]
406
Title 19, § 12–201
CRIMINAL VIOLATIONS
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–115. Disclosure of count
Any person who discloses the count during an election prior to the time such
disclosure is authorized by law shall be deemed guilty of misdemeanor.
[NCA 99–20, § 11–115, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 12–116. Removal of ballot
Any person who removes a ballot from the polling place or who carries a
ballot into the polling place shall be deemed guilty of a misdemeanor.
[NCA 99–20, § 11–116, approved April 30, 1999.]
§ 12–117. Printing or possession of ballots illegally
Any person who causes to be printed, or who has in his possession, ballots
not authorized by law shall be deemed guilty of a misdemeanor.
[NCA 99–20, § 11–117, approved April 30, 1999.]
§ 12–118. False application for absentee ballot
Any person who knowingly executes a false statement for application for an
absentee ballot shall be deemed guilty of a misdemeanor.
[NCA 99–20, § 11–118, approved April 30, 1999.]
Library References
Indians O214, 214.5.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
SUBCHAPTER 2.
Section
12–201.
12–202.
PENALTIES
Felonies.
Misdemeanors.
§ 12–201. Felonies
Any person deemed guilty of a offense under provisions of this Title shall be
subject to loss of voting rights for a period of two (2) years and any other action
deemed necessary by the Tribal Court of the Muscogee (Creek) Nation.
[NCA 99–20, § 11–119, approved April 30, 1999.]
407
Title 19, § 12–201
ELECTIONS
Library References
Indians O214.5, 217, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59, 151 to 179.
§ 12–202. Misdemeanors
Any person deemed guilty of a misdemeanor under provisions of this Title
shall be subject to loss of voting rights for a period to two (2) years and any
other action deemed necessary by the Tribal Court of the Muscogee (Creek)
Nation.
[NCA 99–20, § 11–108, approved April 30, 1999.]
Library References
Indians O214.5, 217, 620.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59, 151 to 179.
408
CHAPTER 13.
Section
13–101.
13–102.
MISCELLANEOUS PROVISIONS
Reference to time.
Maintenance of records.
§ 13–101. Reference to time
All reference to time in this title shall hereby be defined as central time.
[NCA 99–20, § 12–100, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
§ 13–102. Maintenance of records
The Election Board shall bear the responsibility of maintaining the records of
the Election Board office and such records shall be made available to any
publicly announced candidate after payment of his or her filing fee for office, or
any elected official.
[NCA 99–20, § 12–101, approved April 30, 1999.]
Library References
Indians O214.5, 217.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59.
409
CHAPTER 14. AMENDMENTS TO TITLE
Section
14–101.
Amendment procedure.
§ 14–101. Amendment procedure
Amendments to this title shall be adopted by law.
[NCA 99–20, § 13–100, approved April 30, 1999.]
410
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