Section 9-1-1. Authority. This Title is hereby established in

TITLE IX

ELECTIONS

CHAPTER 1

GENERAL PROVISIONS

Section 9-1-1. Authority. This Title is hereby established in

accordance with Article VII, Section 1, Article VIII, Section 2,

and Article V, Section 1(k) of the Constitution of the Ponca Tribe

of Nebraska.

Section 9-1-2. Purpose. The purpose of this Title is to establish

procedures for efficient, fair and honest elections and to ensure

the secrecy and sanctity of the ballot. The regulations and

procedures provided in this Title shall be administered in such a

way as to accomplish this purpose and intent.

Section 9-1-3. Applicability & Construction.

1. This Title applies to all elections, including but not

limited to, Tribal Council elections; filling Tribal Council

vacancies; petitions and elections, referendum, and initiative.

2. In case of dispute as to compliance with these

regulations, substantial, rather than complete compliance shall be

deemed adequate.

Section 9-1-4. Definitions. In addition to the definitions set

forth in Chapter 1 of Title I of the Code, unless the context

requires otherwise or another definition is provided for a

particular chapter or section, in this Title:

1. “Ballot” includes a mail-in ballot, a fax ballot, and an

electronic ballot.

2. “Candidate” means a person whose name is on an official

ballot to be voted upon for election to office.

3. “Consecutive term” means a term which follows in order

without interruption and is successive.

4. “District Board” means a body appointed by the Election

Board for a particular district to assist the Election Board in

conducting elections in that district.

5. “Election” means any election whatsoever held under the

laws of the Tribe.

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6. “Rlection Board” means the body established in this

Title to supervise all elections, verify petitions, and perform

such other election related duties set forth in the laws of the

Tribe.

7. “Eligible voter” means -an enrolled member who has

reached the age of eighteen (18) or older on or before election

8. “Enrollment Specialist” means the Tribal official whose

duty it is to verify enrollment in the Tribe.

9. “Enrollment Department” means the Tribal agency whose

duty it is to oversee enrollment in the Tribe.

10. “Electronic ballot” means an official ballot of a Ponca

Tribal election which may be returned to the Election Board via

email as provided in this Title.

11. “Fax ballot” means an official ballot of a Ponca Tribal

election which may be returned to the Election Board via facsimile

as provided in this Title.

12. “General election” means the election which shall be

held'on the first Tuesday of November in even-numbered years, as

outlined in Article VII of the Constitution.

13. “Immediate family” means mother, father, grandparent,

child, grandchild, brother, sister, spouse, domestic partner, or

individuals residing in the same household, including half, step

and in-law relations.

14. “Inactive voter” means a voter who has been declared

inactive in accordance with this Title.

15. “Invalid ballot” means a ballot which is:

a. Forged;

b. Fraudulent;

Cc. Fraudulently obtained;

d. Cast by an ineligible voter;

e. Not returned in the proper return identification

envelope;

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f. Not returned with the completed and signed

certificate form;

g. - Opened or otherwise tampered with;

h. Not received by the last pickup of mail by the

Election Board on the day of election;

i. Returned in the proper return identification

envelope, but without a proper signature; or

5. Otherwise legally invalid.

16. “Mail-in ballot” means the official ballot of a Ponca

Tribal election mailed to registered voters by first class, nonforwardable mail and which may be returned to the Election Board

through the United States Postal Service or other delivery service

prior to the closing of the polls.

17. “Majority” means one more than one half of the votes

cast for a particular office, measure, or election.

18. “Malfeasance” means the commission of some act which is

illegal or unlawful or an act which is wholly wrongful.

19. “Misfeasance” means the commission of some act which is

lawful, but committed in an illegal or improper manner and includes

wrong or improper conduct in public office.

20. “Observers” means individuals who desire to observe the

election process pursuant to and in’accordance with this Title.

21. “Poll book” means the book created by the Flection Board

for each election pursuant to this Title.

22. “Registrar” means the official responsible for receiving

voter registration forms and preparing voter registration lists

under this Title and shall be the Enrollment Specialist unless

otherwise specified by the Election Board in accordance. with this

Title.

23. “Special election” means a duly called and authorized

election other than a general election, including but not limited

to recall elections and elections on referenda and initiatives.

24. “Registered voter” means one who is registered to vote

in accordance with this Title.

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25. “Spoiled ballot” means a ballot that:

a. Has not been marked;

b. Has been marked with more than one choice where

only one choice is allowable;

c. Is otherwise illegible;

d. Contains a “write-in” candidate; or

e. Where the voter’s choice is not clear.

26. “Term” means the length of time during which a position

is held or a person serves in a particular office or position.

27. “Voter registration list” means the list approved by the

Election Board pursuant to this Title of registered voters eligible

to vote in Tribal elections.

Section 9-1-5. Voting Districts. The voting districts of the

Tribe shall be as follows:

1. District 1 shall be the area consisting of Antelope, Box

Butte, Boyd, Brown, Cedar, Cherry, Dakota, Dawes, Dixon, Holt,

Keya Paha, Knox, Rock, Sheridan and Sioux Counties of Nebraska;

Allamakee, Bremer, Buena Vista, Butler, Calhoun, Cerro Gordo,

Cherokee, Chickasaw, Clay, Clayton, Dickinson, Emmet, Fayette,

Floyd, Franklin, Hancock, Howard, Humboldt, Ida, Kossuth, Lyon,

Mitchell, Obrien, Osceola, Palo Alto, Plymouth, Pocahontas, Sac,

Sioux, Webster, Winnebago, Winneshiek, Woodbury, Worth and Wright

Counties of Iowa; and the States of Alabama, Connecticut, Delaware,

Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts,

Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New

York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode

Island, South Carolina, South Dakota, Tennessee, Vermont,

Virginia, Washington D.C., West Virginia, Wisconsin and all areas

outside the United States of America;

2. District 2 shall be the area consisting of Burt, Cass,

Douglas, Johnson, Nemaha, Otoe, Pawnee, Richardson, Sarpy and

Washington Counties of Nebraska; Adair, Adams, Appanoose, Audubon,

Benton, Black Hawk, Boone, Buchanan, Carroll, Cass, Cedar, Clarke,

Clinton, Crawford, Dallas, Davis, Decatur, Delaware, Des Moines,

Dubuque, Fremont, Greene, Grundy, Guthrie, Hamilton, Hardin,

Harrison, Henry, Towa, Jackson, Jasper, Jefferson, Johnson, Jones,

Keokuk, Lee, Linn, Louisa, Lucas, Madison, Mahaska, Marion,

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Marshall, Mills, Monona, Monroe, Montgomery, Muscatine, Page,

Polk, Pottawattamie, Poweshiek,. Ringgold, Scott, Shelby, Story,

Tama, Taylor, Union, Van Buren, Wapello, Warren, Washington and

Wayne Counties of Iowa; the States of Arkansas, Illinois, Indiana,

Kansas, Louisiana, Missouri and Texas;

3. District 3 shall be the area consisting of Adams,

Buffalo, Butler, Chase, Clay, Dawson,’ Dundy, Fillmore, Franklin,

Frontier, Furnas, Gage, Gosper, Hall, Hamilton, Harlan, Hayes,

Hitchcock, Jefferson, Kearney, Keith, Lancaster, Lincoln,

Nuckolls, Perkins, Phelps, Polk, Red Willow, Saline, Saunders,

Seward, Thayer, Webster and York Counties of Nebraska; and the

States of Arizona, — California, Colorado, Montana, New Mexico,

Oklahoma, Utah and Wyoming; and

4. District 4 shall be the area consisting of Arthur,

Banner, Blaine, Boone, Cheyenne, Colfax, Cuming, Custer, Deuel,

Dodge, Garden, Garfield, Grant, Greeley, Hooker, Howard, Kimball,

Logan, Loup, Madison, McPherson, Merrick, Morrill, Nance, Pierce,

Platte, Scottsbluff, Sherman, Stanton, Thomas, Thurston, Valley,

Wayne and Wheeler Counties of Nebraska; and the States of Alaska,

Hawaii, Idaho, Nevada, Oregon and Washington.

Section 9-1-6. Prohibition on Power of Attorney.

A power of attorney or other form of proxy is not valid for

use by any individual in any procedure or transaction concerning

elections, including voter registration, petition circulation or

signature, voter registration cancellation, early ballot requests

or voting another individual’s ballot.

Section 9-1-7. Amendments.

1. Amendments to this Title shall only be made by majority

vote of the Tribal Council. Any proposed amendment(s) to this

Title shall be approved by the Tribal Council before the end of

February of the election year to ensure that the provisions

contained in this Title shall be adhered to during the election

process.

2, The Election Board may recommend amendments to this

Title, but is not vested with the power to amend it.

Section 9-1-8. Severability. All previous resolutions,

legislation, laws and acts taken by the Tribal Council which deal

with any matter covered under this Title and which are inconsistent

with this Title are void and of no further force and effect. If

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a court of competent jurisdiction should hold any part of this

Title to be invalid, the remainder of the Title shall remain in

full force and effect.

Section 9-1-9. Ratification. This Title shall be ratified and

become effective upon its adoption by the Tribal Council.

CHAPTER 2

ELECTION BOARD

Section 9-2-1. Establishment. In accordance with Article VII,

Section 4. of the Constitution, an Election Board is hereby

established.

Section 9-2-2. Powers and Duties of Board.

1. The power, authority and duties of the Blection Board

shall be as follows:

a. To designate dates of elections where such date is

not otherwise specified in the laws of the Tribe;

b. To publish and post notice of all elections and

ensure all. notice requirements under this Title are met;

Cc. To prepare and secure official ballots to be used

in all elections;

d. To see that the name of each person offering to

vote is on the approved voter registration list;

e. To distribute one ballot to each eligible voter in

accordance with this Title;

£. To prepare ballot boxes and secure them by lock at

all times except when ballots are being counted;

g. To count and validate ballots and record the number

of votes cast for each choice after the polls are closed;

h. To certify and post the results of all elections in

writing and to notify the public and the Tribal Council;

i. To receive and certify petitions as provided in

this Title;

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3. To publish and post notice of all petition

certifications;

k. To redistrict the voting districts of the Tribe

when required pursuant to this Title;

1. To provide notices as required by and in accordance

with this Title to all members entitled to receive notice

under this Title;

m. To ensure all records of the Election Board are

retained in a safe, secure, and pre-designated location

within the Tribal government building in Niobrara, Nebraska;

n. To ensure that the requirements and procedures

under this Title are carried out and enforced;

oO. To report irregularities and nonperformance of duty

and violations of this Title to appropriate officials;

p- To work with the Enrollment Department to

accomplish the tasks listed; and

q. To otherwise conduct, ‘manage, and supervise

elections and perform such other duties as prescribed in this

Title.

2. To ensure efficient, fair and honest elections and to

ensure the secrecy and sanctity of the ballot, at the request of

the Election Board, the Tribal Council may retain the services of

an independent outside entity to assist the Election Board with

its duties and responsibilities.

Section 9-2-3. Composition.

1. The Election Board may consist of five (5) individuals,

with four (4) members from each voting district and one (1) member

at large. In the event not every voting district has an individual

willing to serve, the Election Board may include two (2) members

from the a single voting district.

2, The members of the Election Board shall all be appointed

by the Tribal Council and the Election Board shall designate one

of the members to be the Chairperson of the Election Board.

3. Enrolled members interested in serving on the Election

Board must submit a letter of interest with a release of

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information for criminal background checks to the Tribal Council.

The Tribal Council shall publish notice in the “Ponca Tribe

Newsletter” and/or Tribal Web site, concerning vacancies on the

Election Board and how enrolled members can apply to fill said

vacancies, including the deadline for application.

Section 9-2-4. Qualifications.

1. To be qualified to be appointed to the Election Board,

a person shall:

a. Be an enrolled member of the Tribe;

b. Be a resident of the voting district from which

they are appointed;

c. Be eligible to vote in the election for which they

will serve as an Election Board member; and

d. If convicted of a felony, have completed his

sentence requirements, including any parole, at least two (2)

years prior to appointment.

2. No individual shall be permitted to sit as an Election

Board member who:

a. Has been convicted of a crime involving the theft

of funds or property of the Tribe in any court of any

jurisdiction regardless of any pardon or restoration of civil

cights for said offense;

b. Currently holds elective office in the Tribe;

Cc. Is or plans to be a candidate in any election during

his or her term; or

d. Has an immediate family member who is currently a

member of the Tribal Council, or who is or plans to be a

candidate in any election during his or her term.

Section 9-2-5. Election Board Records.

1. The Election Board shall be responsible for the

maintenance of the records of all elections, petitions for recall,

petitions for initiative and referendum, petitions to amend the

Constitution, and any other records related to the Election Board’s

duties and responsibilities under this Title.

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2. The Election Board shall elect a Secretary to ensure

that records of all Election Board activities are kept and all

notice requirements are met.

3. Records of the Election Board shall be kept in a safe,

secure, locked cabinet within the Tribal government building in

Niobrara, Nebraska. :

4. The following records shall be kept for all notices:

a. Names and addresses of persons to whom notices are

mailed;

b. Date of mailing; and

c. A copy of each return registration request.

Section 9-2-6. Quorum. ‘Three (3) members of the Election Board

shall constitute a quorum for conducting business.

Section 9-2-7. Term of Office. The term of office for members of

the Election Board shall be for four (4) years and expire on

February 1, provided that the terms of one-half of the members, or

one less than one-half if the number of members is odd, appointed

to the first Election Board appointed after enactment of this Title

shall be for two (2) years in order to establish staggered terms.

Bach member of the Election Board shall hold office until his or

her successor has been appointed and has qualified.

Section 9-2-8. Redistricting.

1. The Enroliment Department shall notify the Election

Board in writing whenever it determines that any one voting

district has twenty percent (20%) or more eligible voters than any

other voting district.

2. Within 180 days of the Enrollment Department’s

notification, the Election Board shall:

a. Provide notice to members of the Tribe of its intent

to redistrict;

b. Receive comments and input from members of the

Tribe on the proposed redistricting;

c. Redistrict the voting districts, with the

assistance of the Enrollment Department, in a manner that

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equalizes the population amongst voting districts, taking

consideration of comments and input of members of the Tribe

as appropriate; and

d. Present the new proposed voting districts. to the

Tribal Council for final approval through amending this Title

appropriately.

3. The proposed redistricting by the Election Board shall

not be considered a final decision, action or order of the Election

Board and shall not be subject to judicial review in any court or

tribunal.

4. No redistricting shall be undertaken once an election

process has begun.

Section 9-2-9. District Boards.

1. The Blection Board may establish District Boards for

each voting district to assist the Election Board in conducting

elections consisting of at least two (2) members from the voting

district and appointed by the Election Board.

2. The Election Board shall not establish any District

Board until after candidates for office have been certified by the

Election Board.

3. No individual shall be permitted to sit as a District

Board member who:

a. Currently holds elective office in that voting

district or is the immediate family member of an individual

who currently holds elective office in that voting district;

or

b. Is a candidate in that voting district for the

upcoming election or is the immediate family member of a

candidate in that voting district for the upcoming election.

4. The term of office for members of District Boards shall

be only for the period of the election for which they are appointed

to assist and shall automatically terminate upon the posting of

election results.

5. It shall be the duty of the Election Board to conduct an

orientation for all District Board members prior to the date of

the election.

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Section 9-2-10. Compensation. Members of the Election Board and

District Boards shall be compensated at a rate set by the Tribal

Council.

Section 9-2-11. Resignation and Removal.

1. © Any member of the Election Board or any District Board

may resign from his position by delivering a written resignation

to the Tribal Council or, in the case of District Board members,

the Election Board.

2. Any member of the Election Board or any District Board

who becomes a candidate in any election shall immediately be deemed

to have resigned.

: 3. The Tribal Council may, by majority vote, remove a member

of the Election Board or any District Board only for any the

following:

a. Violating or permitting violation of this Title;

b. Neglect of duty;

c. Malfeasance or misfeasance in the handling of

election procedures; -

d. Acceptance or solicitation of bribes;

e. Unexcused absence from three (3) or more board

meetings;

f. Any crime committed against the Tribe which results

in a conviction or admission of guilt;

g. When an immediate family member holds elective

office in the Tribe or becomes a candidate for office in the

Tribe; or

h. Upon the happening of any event which would have

made the member ineligible for appointment if the event had

occurred prior to appointment.

Section 9-2-12. Vacancies.

1. In the event of a vacancy on the Election Board, whether

by removal, resignation, or otherwise, the Tribal Council shall

appoint a replacement to serve the remaining term of the Election

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Board member being replaced. In the event of an emergency vacancy,

the Tribal Council may hold a special meeting to’ fill the vacancy.

2. In the event of a vacancy on a District Board, whether

by removal, resignation, or otherwise, the Election Board shall

appoint a replacement to serve the remaining term of the District

Board member being replaced.

Section 9-2-13. Judicial Review of Election Board Actions.

1. The Tribal Court shall have exclusive, original subject

matter jurisdiction over judicial review of final decisions,

orders and actions of the Election Board in accordance with the

provisions of, and where expressly permitted in, this Title.

2. Except where a different standard is set forth in this

Title to review of a particular decision, order or action of the

Election Board, the Tribal Court may affirm, reverse, modify or

vacate and remand the decision, order or action of the Election

Board, but shall affirm the decision, order or action unless the

Tribal Court concludes that the decision, order or action is

contrary to the laws of the Tribe.

3. Except as otherwise provided in this Title, the laws of

the Tribe related to service of process and other procedure in

actions before the Tribal Court shall apply to actions brought

pursuant to this Title.

4. Except as otherwise expressly provided in this Title, in

any suit brought pursuant to this Title, the Election Board shall

be the named respondent and the petitioner shall not be required

or permitted to name the Tribe, the Tribal Council, any other

officer or employee of the Tribe, or any individual member of the

Blection Board.

5. The Election Board shall not be permitted to claim any

official or sovereign immunity in any action brought in the Tribal

Court pursuant to this Title, provided that nothing in this Title

shall be read or construed to alter, affect, diminish, or waive

any official or sovereign immunity of the Election Board with

respect to:

a. Any claim or action other than judicial review of

the Election Board’s final decision, order, or action;

b. Any claim for damages, costs, or other monetary

relief; or

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c. Any claim regardless of its nature that.is brought

in any other court or tribunal other than the Tribal Court.

CHAPTER 3

VOTERS

Section 9-3-1. Eligibility. An individual shall be eligible to

register to vote if the individual:

1. Is an enrolled member of the Tribe;

2. Will have reached the age of eighteen (18) years of age

or older on or before the date of the election next following his

registration.

Section 9-3-2. Time Limit for Registration.

1. Subject to submitting a registration form in time for a

particular election, an eligible individual who desires to vote

May register at any time during the regular operating days and

hours of the Tribe.

2. In order to vote in an upcoming election, an eligible

individual must register to vote:

a. In the case of general elections, no later than the

first Friday in September before the election; and

b. In the case of all other elections, no later than

sixty (60) days before the election.

3. In the event an eligible individual does not register to

vote in time for the upcoming election, the individual shall not

be eligible to vote in the upcoming election. However, the

registration shall take effect for the next following election

without any requirement of re-registration except as otherwise

required in this Title.

4. Individuals will not be permitted to register for a

runoff election. Only previously registered voters can vote ina

runoff election.

Section 9-3-3. Designation of Registrar; Duties.

1. The Enrollment Specialist shall be the official

Registrar of the Tribe and shall be located at a Tribal Office in

Niobrara, Nebraska to receive voter registration forms.

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2. The Election Board may designate an alternate Registrar

if:

a. The position of the Enrollment Specialist is

vacant; or

b. The individual holding the position of Enrollment

Specialist or a member of her: immediate family is a candidate

for office in the upcoming election.

3. The Registrar shall have the following duties and

responsibilities:

a. Receiving all registration forms and verifying

their validity;

b. Preparing a voter registration list according to

the registration books in accordance with this Chapter; and

c. Attend quarterly meetings of the Election Board

during odd numbered years and monthly meétings of the Election

Board during even numbered years.

Section 9-3-4. Registration Procedure.

1. No later than 120 days prior to the deadline for

registration, the Election Board shall mail registration forms to

individuals who are eligible to register to vote under this Chapter

and have not previously registered, including all new enrolled

members of the Tribe who are now eligible to vote and inactive

voters at their last known address. The Enrollment Department

shall notify the Election Board of any members who were not

previously eligible to register and are now eligible. The Election

Board shall notify such individuals of their right to vote in the

voter registration mailing. :

2. The voter registration mailing shall include:

a. Notification of the forthcoming election;

b. The requirement of registration to vote;

om A blank registration form;

d. The deadline for submitting registration forms to

the Registrar; and

e. A veturn envelope addressed to the Registrar.

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3. Eligible individuals shall return their registration

forms by mail or by personal delivery to the Registrar.

4. Upon receipt of a completed registration form, the

Registrar shall:

a. Mark the registration form to indicate the date

received; and

b. Verify the validity of the registration form with

the assistance of the Enrollment Department. ;

Section 9-3-5. Voter Registration Form. All voter registration

forms shall be embossed with the Ponca Tribe of Nebraska Seal and

shall be in substantially the following form:

ENROLLMENT NUMBER

NAME:

PHYSICAL ADDRESS:

MAILING ADDRESS:

DATE OF BIRTH:

VOTING DISTRICT:

I, , hereby certify that I am an

enrolled member of the Ponca Tribe of Nebraska, and that

I am at least 18 years of age or will be 18 years of age

on the date of the next election.

Signature

Date

Completion of and return of this Registration form is

necessary if you desire to become qualified to vote in

the forthcoming election. This form mist be received by

the Election Board Registrar, in the case of a General

Election, no later’ than the first Friday in September

prior to the General Election and, in the case of all

other elections, no later than sixty (60) days prior to

the election. This form, upon completion and return to

the Election Board Registrar, shall be the basis for

determining whether you qualify to have your name placed

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upon the list of registered voters and to receive a

ballot.

Completion of this form is voluntary.

Section 9-3-6. Duration of Registration; Re-Registration.

1. Once an individual has been certified as a registered

voter, the certification shall remain in effect unless the voter:

a. Changes address;

b. Relinquishes his or her enrollment as a member of

the Tribe;

c. Dies;

d. Becomes an inactive voter; or

e. Otherwise becomes ineligible to vote.

2. If a registered voter moves; changes address, voting

districts, or name; or re-enrolls as a member of the Tribe, he or

she must re-register.

3. A registered voter who moves, changes address, changes

voting district, or changes name shall submit a notice to the

Registrar of such change. Upon receipt of such a notice from a

registered voter, the Registrar shall send a voter registration

form to the voter so the voter can re-register.

4. If a voter is an inactive voter, he or she must reregister.

Section 9-3-7. Voter Registration List.

1. After the deadline date for returning and receiving

registration forms, the Registrar shall:

a. Compile a voter registration list in alphabetical

order by last name and arranged by voting districts;

b. Certify the accuracy and eligibility of the names

placed thereon; and

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Cc. Submit the voter registration list to the Election

Board for review and approval or disapproval of individual

names.

2. The Election Board shall:

a. Review and approve or disapprove all certified

voter registration lists in accordance with this Section; and

b. Check the certified voter registration list from

the Registrar according to voting districts with the

registration books before the election process begins and

again before balloting begins to ensure their accuracy.

3. The Election Board shall only disapprove a registered

voter on a certified registration list if:

a. There is documented proof that the individual is

not eligible to vote in accordance with the Constitution and

this Title; or .

b. The individual:

i. Is recorded as having an invalid address in

accordance with Chapter 5 of this Title;

ii. Has not responded to the address confirmation

notice mailed to him or her by the Election Board;

iii. Has not voted in any election of the Tribe

conducted since the Election Board mailed the address

confirmation notice to the individual; and

iv. Has not re-registered in accordance with this

Chapter.

4. Individuals disapproved under paragraph (b) of

subsection (3) of this Section shall be declared inactive voters

and placed on a written list of inactive voters maintained by the

Election Board.

5. If the Election Board disapproves an individual on a

certified registration list, the individual(s) shall be stricken

from the voter registration list and a new voter registration list

shall be established. The Election Board shall provide written

notice to any individual stricken from the voter registration list

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within seven: (7) days of the Election Board striking the individual

from the list.

6. By September 30th of each General Election year or thirty

(30) days before any other election, the Election Board shall:

a. Determine whether there are any members who were

not previously eligible to register because of age or nonenrollment or who have moved or who are otherwise now eligible

to vote;

b. Provide a copy of the final approved voter

registration list to each District Board;

Cc. Post a copy of the final approved voter

registration list at:

i. The headquarters of the local administrative

unit of the Bureau of Indian Affairs;

ii. Each location of Tribal governmental offices;

and

iii. At various other public places designated by

the Election Board; and

a. Provide a copy of the final approved voter

registration list to any candidate or voter who requests one.

Section 9-3-8. Eligibility Disputed.

1. Any individual who believes they are eligible to vote

and received notice that they were stricken from the voter

registration list or whose name does not appear on the final

approved voter registration list may challenge their omission from

the approved voter registration list by filing a written challenge

with the Election Board which details the reasons the individual

believes he or she should be included on the approved voter

registration list.

2. Any registered voter may challenge the right of any other

registered voter whose name appears on the final approved voter

registration list by filing a written challenge with the Election

Board which details the reasons the challenger believes the

registered voter is not qualified to vote.

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3. Any challenge shall be limited to the qualifications

enumerated in the Constitution and this Title and any other basis

for the challenge shall not be considered. No challenge shall be

allowed or accepted unless raised more than ten days prior to an

election.

4. Upon receipt of any challenge under this Section, the

Election Board shall promptly review the challenge and issue a

decision within ten (10) days. The Election Board’s decision shall

be final and not subject to challenge or review.

Section 9-3-9. General Voter Qualifications.

1. No individual shall be eligible to vote in any election

unless the individual:

a. Ts an enrolled member of the Tribe;

b. Is eighteen (18) years of age or older on or before

the date of the election;

c. Is registered to vote in accordance with this

Chapter; and

d. Is not an inactive voter who has failed to reregister in accordance with this Chapter.

2. An individual continues to be an eligible voter until

that individual’s registration is canceled pursuant to this

Chapter or until that individual is not otherwise eligible to

register or to vote as provided in this Chapter.

Section 9-3-10. Absentee Voter Qualifications.

1. An individual shall be entitled to vote as an absentee

voter in any election if the individual:

a. Is eligible to vote in accordance with Section 9-

3-9 of this Chapter; and

b. Is temporarily absent from his or her voting

district due to college attendance, military service,

physical or mental disability, or incarceration.

2. An absentee voter shall vote within the voting district

for which he or she was a resident prior to the temporary absence

but only during the period of temporary absence.

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CHAPTER 4

PETITIONS

Section 9-4-1. Applicability. The rules set out in this Chapter

apply to the circulation, filing, and certification of any

petition:

1. For recall of a member or officer of the Tribal Council;

2. For referendum;

3. For initiative;

4, To amend the Constitution;

5. For nomination of a candidate for office; and

6. Any other purpose for which formal petitioning of the

government is permitted or authorized under the laws of the Tribe.

Section 9-4-2. Exclusiveness. Except where otherwise expressly

provided by the laws of the Tribe, the provisions of this Chapter

shall be the exclusive procedures for circulating, filing, and

certifying petitions for recall of a member or officer of the

Tribal Council, for referendum, for initiative, to amend the

Constitution of the Tribe, for nomination of a candidate for Tribal

Council or Chairperson, and any other purpose for which formal

petitioning of the government is permitted or authorized under the

laws of the Tribe. Failure to follow the rules and procedures set

forth in this Chapter shall result in the declaring of the petition

to be invalid. .

Section 9-4-3. Change in Law. Notwithstanding any other law, any

change in the law or procedure with respect to circulation or

filing of a petition made after the petition is filed pursuant to

this Chapter does not apply to the filed petition.

Section 9-4-4. Content of Petition Sheets. Every petition

circulated pursuant to this Chapter shall contain the following on

every petition sheet, in the order given:

1. A title of the subject of the petition, such as “petition

to nominate, “ “petition for referendum, ” “petition for

initiative,” or “petition for recall;”

2. The name, mailing address, and phone number of the

sponsor of the petition.

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3. A description of no more than 100 words of the principle

purpose of the petition, including the name of any individual

member or officer of the Tribal Council subject of the petition if

it is a petition for nomination or recall;

4. For sreferenda, initiatives, and amendments to the

Constitution, a notice which states:

a. In the case of a referendum:

NOTICE: This is only a description of the action of the

Tribal Council sought to be rejected or affirmed by

referendum. It may not include every provision

contained in the action of the Tribal Council sought to

be rejected or affirmed. Before signing, make sure the

text of the action of the Tribal Council or other

appropriate complete description is attached. You have

the right to read or examine the action of the Tribal

Council involved before signing.

b. In the case of an initiative or amendment to the

Constitution:

NOTICE: This is only a description of the proposed

measure (or constitutional amendment) prepared by the

sponsor of the measure. It may not include every

provision contained in the measure. Before signing,

make sure the title and text of the measure are attached.

You have the right to read or examine the title and text

before signing.

5. A direction to the appropriate officer or body, as

follows:

a. In the case of a nomination for office:

To the Election Board:

We, the undersigned qualified voters of the Tribe,

respectfully nominate for the office of

b. In the case of all other petitions, to the Tribal

Council:

To the Tribal Council:

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We, the undersigned qualified voters of the Tribe,

respectfully demand

6. The following acknowledgment for signatories:

I have personally signed this petition with my first and

last names. I have not signed any other petition for

the same action. I ama qualified voter of the Tribe.

7. Lines for signatures, which shall be numbered.

Section 9-4-5. Attachments for Referenda and Initiative. In the

case of petitions for referenda, initiative, or to amend the

Constitution, a petition sheet or group of petition sheets shall

be attached at all times during circulation to a full and correct

copy of the title and text of the measure or amendment subject of

the petition. The title and text shall be in at least eight point

type and, in the case of an amendment, shall include both the

original and the amended text. The text shall indicate material

deleted, if any, by printing the material with a line drawn through

the center of the letters of the material and shall indicate

material added or new material by printing the letters of the

material in capital letters.

Section 9-4-6. Single Matter.

1. Any petition circulated, filed, or certified pursuant to

this Chapter shall only request a referendum on one action of the

Tribal Council, nomination of one candidate to office, or a recall

of a single member or officer of the Tribal Council. If a qualified

voter desires an action on more than one matter, the nomination of

more than one candidate, or the recall of more than one member or

officer of the Tribal Council, a separate petition must be

circulated for each single action and each such nominee or member

or officer of the Tribal Council.

2. A petition requesting an amendment to the Constitution

or the enactment of a law by initiative may contain multiple

matters and subjects to be presented as a single amendment or

initiative or request amendment to more than one article, section,

or clause of the Constitution.

Section 9-4-7. Sponsor.

1. Every petition circulated, filed, or certified pursuant

to this Chapter shall have at least one sponsor, who shall:

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a. Be an enrolled member of the Tribe;

b. Be eligible to vote in accordance with Chapter 3 of

this Title; and

c. Be responsible for ensuring that the rules provided

in this Chapter are followed.

2. In the case of a petition for nomination to office, the

sponsor shall be the candidate for office and/or a person who

obtains signatures on behalf of the candidate.

3. All correspondence and communication with the Election

Board shall take place with the sponsor(s).

4. A sponsor may circulate the petition he or she is

sponsoring.

Section 9-4-8. Circulators. No person other than an individual

who is eligible to register to vote pursuant to Chapter 3 of this

Title may circulate a petition.

Section 9-4-9. Signatures.

1. Every eligible voter of the Tribe who is mentally

competent may sign a petition upon any measure or action which he

is legally entitled to vote upon.

2. Individuals must sign the entire petition and must be

advised that they must be an eligible voter in order to sign. The

name of each signer shall be printed first and then signed and

dated. In the event of a signer who is physically disabled or

illiterate, the signer may make his or her mark in the space

provided for a signature and any person, but not a circulator, may

assist the disabled or illiterate signer in completing the

remaining information required. Each signature shall be in ink.

3. Except for signatures obtained by mail as authorized in

this Chapter, every eligible voter signing a petition shall do so

personally in the presence of the individual who is circulating

the petition and who shall verify the signature. No person shall

sign the name of another regardless of any permission given or

competency of the person whose signature is sought to be signed by

another. Any false signature shall be stricken from the petition.

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Section 9-4-10. Signatures Obtained by Mail.

1. A sponsor of a petition may obtain the signature of an

eligible voter by mail, provided that the signature is duly

acknowledged by a notary and such notary acknowledgment is attached

to the petition.

2. A signature obtained by mail shall appear on its own

sheet with the notary acknowledgment and shall, by itself,

constitute a single petition sheet.

3. The Election Board shall prescribe the proper form for

petition signatures obtained by mail.

Section 9-4-11. Form for Filing Petition. All petitions filed

shall:

1. Be in the form prescribed by this Chapter;

2. Be attached to a full and correct copy of the title and

text of the measure, or amendment referred by the petition, if

any; and vA

3. Be accompanied by the certifications required under this

Chapter.

Section 9-4-12. Filing of Petitions.

1. Except as otherwise expressly provided by the laws of

the Tribe, all petitions shall be filed by the sponsor(s) with the

Election Board by tendering to it all petition sheets of the

petition. Only original petition sheets will be accepted. No

electronic version, photocopy, faxed version, or other

reproduction of a petition sheet will be accepted.

2. Upon filing of a petition, the Election Board shall

immediately issue a receipt to the sponsor(s) filing the petition.

Such receipt shall include an estimate of the purported number of

petition sheets and signatures filed. A petition shall be deemed

filed when the petition sheets are tendered to the Election Board

and a receipt issued.

3. After the issuance of the receipt, no additional

petition sheets may be accepted for filing.

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Section 9-4-13. Certification of Signatures.

1. Except for signatures obtained by mail in accordance

with the provisions of this Chapter, each petition submitted for

filing shall contain a statement of certification by the circulator

that:

a. Each of the names was signed and the name printed

in the presence of the eligible voter and the circulator on

the date indicated;

b. In the belief of the circulator, each signer is an

eligible voter of the Tribe;

c. At all times during circulation of the petition

sheet, a copy of the title and text was attached to the

petition sheet; and

d. To the best of the circulator’s knowledge, no

signature on the sheet was obtained by coercion, threat,

intimidation, or in exchange for anything of value.

2. The certification required by this Section shall be made

on a form prescribed by the Election Board and under oath or

affirmation under penalty of perjury before a notary public.

3. If a petition submitted for filing contains signatures

obtained by more than one circulator, each circulator shall

complete the certification required by this Section for each

petition sheet circulated by that circulator.

Section 9-4-14. Action Upon Filing. Upon the filing of a petition

with it, the Election Board shall:

1. Within fifteen days, remove petition sheets as required

or allowed pursuant to this Chapter;

2. Within thirty days, verify all of the signatures on a

petition and determine with respect to each signature whether the

signature is valid or invalid; and

3. Within thirty days, either certify or deny certification

of the petition.

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Section 9-4-15. Removal of Petition Sheets.

1. The Election Board shall remove the following petition

sheets from a petition:

a. Those petition sheets not attached to a copy of the

title and text of the measure, if any;

b. Those petition sheets not in a form substantially

complying with the requirements of this Chapter;

c. Those petition sheets which are not accompanied by

a signed and completed circulator’s certification;

d. Those petition sheets which are not originals of

the signed petition sheet, including photocopies or other

reproductions;

e. Those petition sheets which are accompanied by an

affidavit of the circulator that is not notarized, where the

notary’s signature is missing, where the notary’s commission

expired prior to the date of notarizing, or the notary’s seal

is not affixed; and

f. Those petition sheets on which the signatures of

the circulator or the notary are dated earlier than the dates

on which the qualified voters signed the face of the petition

sheet.

2. No petition sheet shall be removed from the petition

except as provided in this Section.

Section 9-4-16. Validity of Signatures.

1. A signature on a petition may be disqualified and found

invalid only for the following reasons:

a. The individual was not an eligible voter on the

date of signing the petition;

b. The individual was a registered voter but was not

at least eighteen years of age on the date of signing the

petition;

c. No date of signing is provided;

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d. No signature is provided or the signer is

unidentifiable;

e. The signature does not match the signature of the

qualified voter on the affidavit of registration filed by the

voter; or

f. The Election Board receives a notarized affidavit

from the signer, prior to certification of the petition, which

states under cath or affirmation that the signer’s signature

was obtained by coercion, threat, intimidation, in exchange

for something of value, or otherwise in violation of this

Chapter and sets forth facts which demonstrate the coercion,

threat, intimidation, exchange or violation.

2. Tf an individual signed a petition more than once, all

but one otherwise valid signature shall be disqualified.

3. If a signature is valid, it shall be counted toward the

total number of signatures on the petition. If a signature is not

valid, it shall not be counted toward the total number of

signatures on the petition.

Section 9-4-17. Certification of Petitions.

1. The Election Board shall certify any petition filed

pursuant to this Chapter if it verifies that at least the minimum

number of qualified voters required by the laws of the Tribe for

the action demanded in the petition are present on the petition.

Otherwise, the Election Board shall deny certification.

2. The Election. Board shall provide notice of its

certification or denial by posting notice thereof at each of the

Tribal governmental offices, publishing the same in the Tribal

newsletter, electronically mailing the same to the Tribal Council

Secretary, and mailing the same to the sponsor(s). Such notice

shall include the following:

a. The number of signatures required for the action

subject of the petition;

b. The number of petition sheets removed as required

in this Chapter;

Cc. The number of total signatures remaining on the

petition after any petition sheets were removed;

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d. The number of signatures disqualified as provided

in this Chapter;

e. The number of valid signatures on the petition; and

£. Notification that any qualified voter of the Tribe

may view the results of counting and verifying the signatures

on the petition.

3. If the Election Board does not certify the petition, it

shall return the original petition sheets to the sponsor after the

time for any judicial review of the Election Board’s decision has

expired.

4. Tf the Election Board certifies a petition, it shall act

on the petition as provided in the laws, of the Tribe.

Section 9-4-18. Judicial Review of Certification.

1. If a person is aggrieved by the Election Board’s decision

as to certification of a petition, the person may challenge the

decision by filing a petition requesting judicial review of the

decision in the Tribal Court.

2. Judicial review of the Election Board’s certification

decision shall proceed in accordance with the following:

a. Unless another time is provided in this Title, the

petition for judicial review shall be filed within ten (10)

days of the date when the Election Board posts notice of its

decision regarding certification;

b. The Tribal Court shall issue a final order on the

petition for judicial review within fifteen days of the filing

of the petition;

c. An appeal of the Tribal Court’s order on the

petition for judicial review shall be filed no later than

five days after the date of the Tribal Court’s order and the

Court of Appeals shall decide the appeal with fifteen days of

the filing of the notice of appeal;

d. The Tribal Court shall not accept any affidavit or

other evidence from any signer claiming that the signer’s

signature was obtained by coercion, threat, intimidation, in

exchange for something of value, or otherwise in violation of

this Chapter unless such signer filed an affidavit with the

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Election Board asserting the same as provided in this Chapter

prior to the Election Board’s notice regarding certification;

e. The Tribal Court may not find that any signature is

disqualified except for the reasons set forth in this Chapter;

and

£. The Tribal Court may affirm, reverse, modify or

vacate and remand the certification decision, but shall

affirm the certification decision unless the Tribal Court

concludes that the certification decision is contrary to the

laws of the Tribe.

Section 9-4-19. Suit to Compel Action.

1. Tf the Election Board fails or refuses to allow a sponsor

to file a petition or to take action on the certification of a

filed petition within the time provided in this Chapter, the

sponsor may bring an action against the Election Board in the

Tribal Court to compel the Election Board to accept the petition

for filing or act on the certification.

2. The Tribal Court shall dismiss any action brought under

this Section that is filed before the time limits provided in this

Chapter for the Election Board to act or is not filed by the

sponsor of the petition.

3. If the Tribal Court determines that the Election Board

has failed or refused to allow the filing of a petition or failed

-or refused to act on certification of a filed petition within the

time provided in this Chapter, the Tribal Court shall, within

fifteen days of the filing of the original petition, order the

Election Board to:

a. In the case of a failure or refusal to permit a

petition to be filed, immediately accept the petition for

filing and issue a receipt as provided in this Chapter;

b. In the case of a failure or refusal to take action

on the certification of a filed petition, to take action on

the certification within fifteen days of the order of the

Tribal Court.

4. In the event the Election Board fails or refuses to

comply with an order of the Tribal Court issued pursuant to this

Section within fifteen days of its issuance, and the matter is not

on appeal to the Court of Appeals, the Tribal Court shall have the

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authority to review the petitions at issue, verify the signatures

on the petition, and issue an order declaring whether the petitions

are valid which shall have the same force and effect as though the

Election Board had acted on the certification itself.

CHAPTER 5

GENERAL ELECTION PROCEDURES

Section 9-5-1. Election Dates.

1. In accordance with Article VII, Section 1 of the

Constitution, general elections shall be held on the first Tuesday

in the month of November of even numbered years.

2. The Election Board shall set the date of all other

elections and provide notice thereof in accordance with this Title.

Section 9-5-2. Manner of Voting.

1. All elections shall be conducted by secret ballot.

2. Except for absentee voting, all voting in elections

shall be by mail-in ballot.

Section 9-5-3. Absentee Voting. A person duly qualified as an

abséntee voter that is an active overseas deployed military member

under Chapter 3 of this Title may vote by fax ballot or electronic

ballot.

Section 9-5-4. Poll Book.

1. The Election Board shall create a poll book consisting

of a simple ledger with bound and numbered pages for each election

and shall be part of the official record for the election and

secured in the same manner as counted valid ballots.

2. Information regarding all aspects of a particular

election will be noted in the poll book for that election,

including dates, times, and any untoward circumstances.

3. The Election Board members, District Board members, and

any observers or visitors will sign in and out in the poll book.

Anyone may write personal comments in the poll book.

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