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

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## Record

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

## Text

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

IX-29

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aponca_nebraska%3A3323ff4cea66311c. Public record. Not legal advice.