SUBCHAPTER I: GENERAL ELECTIONS
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TRIBAL CODE
CHAPTER 10:
ELECTION ORDINANCE
CONTENTS:
SUBCHAPTER I: GENERAL ELECTIONS
10.101
Purpose and Authority ......................................................................... 10-04
10.102
Scope .................................................................................................... 10-04
10.103
Definitions............................................................................................ 10-04
10.104
Tribal Election Commission ................................................................ 10-07
10.105
Emergency Election Commission ........................................................ 10-10
10.106
Computation of Time ........................................................................... 10-11
10.107
Date of Election ................................................................................... 10-11
10.108
Election Units....................................................................................... 10-11
10.109
Notice of Election ................................................................................ 10-12
10.110
Registration of Voters .......................................................................... 10-12
10.111
Candidates for Election ........................................................................ 10-12
10.112
Nomination of Candidates ................................................................... 10-13
10.113
Campaigning ........................................................................................ 10-15
10.114
Campaign Financing ............................................................................ 10-17
10.115
Reports and Report Filing .................................................................... 10-19
10.116
Election Procedures ............................................................................. 10-20
10.117
Write-In Candidates ............................................................................. 10-21
10.118
Primary Elections ................................................................................ 10-21
10.119
Election Contests ................................................................................. 10-22
10.120
Election Complaints ............................................................................. 10-22
10.121
Conduct of Contests and Complaints ................................................... 10-22
10.122
Election Recounts ................................................................................ 10-24
10.123
Certification of Election Results .......................................................... 10-24
10.124
Notification and Installation ................................................................ 10-24
10.125
Oath of Office ...................................................................................... 10-25
10.126
Resignation and Surrender ................................................................... 10-25
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SUBCHAPTER II: SPECIAL ADVISORY ELECTIONS
10.201
Purpose and Authority ......................................................................... 10-28
10.202
Scope .................................................................................................... 10-28
10.203
Notice ................................................................................................... 10-28
10.204
Date of Election ................................................................................... 10-28
10.205
Election Announcement ....................................................................... 10-28
10.206
Applicability of General Election Rules .............................................. 10-29
10.207
Primary ................................................................................................. 10-29
10.208
Appointment ........................................................................................ 10-29
HISTORY NOTE:
Current Ordinance:
Resolution 2023-391, and Resolution 2024-31, adopted January 16, 2024, collectively adopts and restates
Tribal Code Chapter 10: Election Ordinance, and rescinds all earlier Election Ordinances.
Prior Ordinances:
Resolutions 2006-02 through 2006-08, adopted January 17, 2006, collectively adopts and restates Tribal
Code Chapter 10: Election Ordinance, and rescinds all earlier Election Ordinances.
Interpretive Guidance:
On January 31, 2006, the Board of Directors clarified that, consistent with the referendum dated January 25,
2006, “No individual may run for election to office who is currently a Defendant in Chippewa County Circuit
Court Case No: 04-7606-CC…” as provided in §10.110(2).
On January 17, 2006, the Board of Directors clarified that §10.109(5) shall be interpreted to include that any
tribal member who is registered to vote at the time of passing Resolution 2006-08, adopted January 17, 2006, shall
continue to be registered to vote as provided in §10.109(5).
On January 17, 2006, the Board of Directors clarified that, consistent with the referendum dated November
10, 2005, the term “Returned Ballot,” as defined in §10.103(24), shall be what is considered for purposes of
determining satisfaction of the 30% requirement for a valid referendum pursuant to Article IX of the Tribal
Constitution and Tribal Code §12.109(1).
On January 13, 2006, Legal Opinion 2006-01, concluded that the voter registration procedures of §10.108, as
adopted by Resolution 2003-175, which was rescinded and replaced by §10.109 adopted by Resolution 2006-08,
are unconstitutional and invalid. Legal Opinion 2006-01 is not applicable to the current voter registration
requirements
Resolution 2003-175, adopted December 16, 2003, adopts Tribal Code Chapter 10: Election Ordinance,
effective December 16, 2003, and rescinds all earlier Election Ordinances.
Resolution 98-18, adopted February 18, 1998, adopts Tribal Code Chapter 10: Election Ordinance, effective
February 18, 1998, and rescinds all earlier Election Ordinances.
Enacted January 15, 1996, Resolution 96-06, effective 12:00 a.m. January 16, 1996.
Reenacted in Tribal Code format as part of the Tribal Code on July 5, 1995, Resolution No. 95-89, effective
immediately.
Enacted February 22, 1978. Resolution 2-22-78B, effective immediately.
Amendments:
Resolution 2025-193, adopted August 19, 2025, amends §10.104(1), §10.104(2), §10.104(3),
§10.104(8)(a), §10.109, 10.110(7), §10.111(2), §10.112(1), §10.112(8), §10.116(1)(a), §10.118(4),
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§10.120(1), §10.121(1), §10.121(2), §10.121(3), §10.121(6), §10.121(7), §10.121(8), and removes
§10.121(4), §10.121(5)
Resolution 2023-233, adopted July 11, 2023, amends Election Ordinance §10.109, Registration of Voters.
Resolution 2023-216, adopted June 20, 2023, amends Election Ordinance by amending Special Advisory
Elections procedures, Section 10.204 Date of Election.
Resolution 2022-228, adopted August 30, 2022, amends Election Ordinance by amending Special Advisory
Elections procedures, Sections 10.201-10.208.
Resolution 2016-31, adopted January 27, 2016, amends Election Ordinance by amending Special Advisory
Elections procedures.
Resolution 2013-171, adopted August 6, 2013, amends Election Ordinance by accepting Election
Committee’s recommendation to adopt a revised Subchapter II, Special Advisory Elections.
Resolution 2011-175, adopted July 26, 2011, amends § 10.112 by adding (14), Elder Candidate Forums.
Resolution 2011-105, adopted May 24, 2011, amended the following §§10.107, 10.109(2), 10.111(3)(5),
10.119(2).
Resolution 2009-186, adopted September 1, 2009, amended the following §§10.106 Election Units, 10.109
Registrations of Voters, 10.120 Conduct of Contests and Complaints, 10.124 Oath of Office, and added 10.125
Resignation and Surrender.
Resolution 2008-210, adopted October 22, 2008, Election Committee amendments for ease of understanding
code.
Resolution 2007-72, adopted May 2, 2007, amended §10.103 (22) Residency.
Resolution 2005-60, adopted May 3, 2005, repealed Subsection (5) of §10.109 and enacted in place thereof a
new Subsection (5) of §10.109 (overruled by referendum dated July 29, 2005).
Resolution 2003-114, adopted September 2, 2003 amends Election Ordinance by adding Subchapter II,
Special Advisory Elections.
Resolution 2-20-80A, adopted February 20, 1980, amended §§10.106(2), 10.107(1) and 10.107(2)(j).
§10.104(1) was first amended to add the quarter blood requirement by Board motion on December 15, 1982. The
current provision was adopted by Board motion on April 24, 1984.
Resolution 2-5-82A, adopted February 24, 1982, amended §§10.103(1) and (2), 10.015(1), 10.107(2)(a), and
10.108(2).
Tribal Resolution 11-17-87, adopted November 17, 1987, amended §§10.104(2), by adding the last sentence.
Resolution 96-38, adopted February 20, 1996, amended §10.109(6) by changing the word certification to
intent.
Resolution 96-74, adopted April 16, 1996, amended §10.108 Candidates for Election.
Resolution 98-58, adopted April 21, 1998, amended §10.111 (e), replaced §10.109 (7) and added
§10.109 (8).
Resolution 2000-11, adopted February 9, 2000, amended §10.111 (2) Campaigning.
Resolution 2003-6, adopted January 21, 2003, repealed § 10.109 and enacted in place thereof a new
§10.109, effective immediately.
Resolution 2003-7, adopted January 21, 2003, repealed §10.114 and enacted in place thereof a new
§10.114 and repealed §10.115 and enacted in place thereof a new §10.115, effective immediately.
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TRIBAL CODE
CHAPTER 10:
ELECTION ORDINANCE
10.101 Purpose and Authority.
(1)
The purpose of this Chapter is to establish authority for holding tribal elections.
The regulations and procedures contained in this Chapter shall be administered in such a
way as to accomplish this purpose and intent. The authority for this Chapter is Article V,
Section 6 of the Constitution.
(2)
Each of the numbered sections and subsections of this Chapter shall be deemed to
be discrete and severable. If any provision of this Chapter shall be held to violate the
Constitution and/or Bylaws of the Tribe, the validity of each and every other provision
shall be unaffected thereby and all such other provisions shall remain in full force and
effect.
10.102 Scope.
This Chapter shall govern all tribal elections pursuant to Articles IV and V of the
Constitution. This Chapter shall be subordinate to the Constitution and Bylaws. There
shall be no amendments to this Chapter within the period of six (6) months prior to date of
the general election held pursuant to this Chapter except by Positive Majority vote.
10.103 Definitions.
For the purpose of this Chapter, certain terms are defined in this Section. When not
inconsistent with the context, words used in the present tense include the future, words in
the singular number, include the plural number, words in the plural include words in the
singular, and words in the masculine gender include the feminine gender. The word shall
is always mandatory and not merely discretionary.
(1)
“Adult” shall mean a Member of the Sault Ste. Marie Tribe of Chippewa
Indians who is at least the age of (eighteen) 18 years on the date of election as
determined in Section 10.107.
(2)
“Ballot” shall mean the official form issued by the Tribe listing Candidates
running for various positions from which Members may choose.
(3)
“Board of Directors” shall mean the governing body of the Tribe.
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(4)
“Campaigning” shall mean all efforts designed to influence Members to
support or reject a particular Candidate, including without limitation, advertising,
rallying, public speaking, or other communications with Members.
(5)
“Candidate” shall mean a person seeking tribal elected office.
(6)
“Complaint” shall mean a complaint alleging a violation of the Election
Ordinance by a Candidate or any other Member, filed with the Election
Commission pursuant to Section 10.120.
(7)
“Constitution” shall mean the Constitution of the Sault Ste. Marie Tribe of
Chippewa Indians.
(8)
“Contest” shall mean a challenge to the results of an election or to a decision
of the Election Commission raised pursuant to Section 10.119.
(9)
“Contribution” shall mean money or In-kind Donations other than voluntary
personal services.
(10) “Designated Office” shall mean the office located on tribal trust property of
each Designated Representative.
(11) “Designated Representative” shall mean the person(s) in each Unit
designated by the Election Commission as noticed in the Election Announcement
who is responsible for receiving filings and reports from Candidates.
(12) “Election Commission” shall mean the governing body over tribal elections
which derive its duties and responsibilities from this Chapter.
(13) “Election Cycle” shall mean the period beginning with the mailing of the
Election Announcement and ending with the expiration of the contest period
following the general election.
(14) “Election Units” shall mean the five (5) Units as described by Article IV of
the Constitution and particularly defined by Section 10.108.
(15) “Immediate Family Member” shall mean, for the purposes of this Chapter,
a parent, step-parent, spouse, sibling, step-sibling, child, grandparents, cohabitants,
aunt, uncle, and those individuals residing in common. Cohabitant shall mean an
individual who has taken up residence with another and with whom there exists a
personal intimate relationship. An individual residing in common shall mean an
individual residing at a residence, shared with another individual, and with whom
there exists no personal intimate relationship.
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(16) “In-kind Donation” shall mean the donation of services, materials or items
other than cash to a Candidate; value of which shall be accessed at fair market
value.
(17) “Letter of Intent” shall mean the letter a person submits stating his intent to
become a Candidate for an elected position on the Board of Directors.
(18) “Marked Ballot” shall refer to a Ballot which has been marked by a
Registered voter with an expression of that voter’s preference for a Candidate or
for a proposed resolution of an issue.
(19) “Member” shall mean a person enrolled in the Tribe as certified by the
Tribal Registrar.
(20) “Non-Candidate Registrants” shall mean individuals who expend money on
campaigning.
(21) “Non-Resident” shall mean those Members of the Tribe who do not
maintain a permanent Residency within the Service Area.
(22) “Registered” shall mean certification from the Election Commission that a
Member may participate as a voter in the election.
(23) “Residency” shall mean the address at which a Member has his or her true,
fixed home and principal establishment, and to which he or she has the intention of
returning whenever absent. Residency therefore requires two elements: (a)
physical presence in a Unit and (b) the intent to make that Unit home. For the
purposes of this Election Code, a Member has only one residency, regardless of the
number of houses maintained. In determining which of a Member’s houses is their
true residence, attention must be given to the Member’s intent, which requires an
examination of the entire course of the Member’s conduct.
(24) “Resident” shall mean those Members of the Tribe who maintain a
permanent Residency within the Service Area.
(25) “Returned Ballot” shall refer to a Ballot which has been returned by the
voter to the Election Commission prior to the deadline for the election.
(26) “Service Area” shall mean the area in which the Tribe provides direct
services in the eastern portion of the Upper Peninsula of Michigan, consisting of
the counties: Chippewa, Mackinac, Luce, Schoolcraft, Marquette, Delta and Alger.
(27) “Spoiled Ballot” shall refer to a Returned Ballot that is (1) a blank Ballot;
(2) a Ballot that does not clearly express a choice or preference; or (3) a Ballot that
does not comply with security measures adopted by the Election Commission.
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(28) “Spoiled Choice” shall refer to each position, when the Ballot contains
position choices for both Chairperson and member(s) of the Board of Directors,
where the position is blank or the voter has not otherwise clearly expressed a choice
or preference for that position.
(29) “Tie” shall mean a situation where, upon the completion of Vote counting
immediately following an election, the Election Commission determines that two
or more possible choices received an equal number of Votes.
(30)
“Tribal Offices” shall mean the offices of the Tribe, located at:
Unit 1: 523 Ashmun St., Sault Ste. Marie, MI 49783
Unit 2: 3355 Nopaming Drive, Hessel, MI 49745
Unit 3: 225 Waseh Dr., St. Ignace, MI 49781
Unit 4: 5698 W. Hwy. US-2, Manistique, MI 49854
Unit 5: 622 West Superior Street, Munising, MI 49862
(31)
“Tribe” shall mean the Sault Ste. Marie Tribe of Chippewa Indians.
(32) “Unit of Government” shall mean (1) any State or its political subdivisions;
(2) the governing body of any other Native American Nation; or (3) the Federal
Government or its executive agencies.
(33) “Vote” shall refer to an unspoiled choice that satisfies the requirements of
both a Marked Ballot and a Returned Ballot.
10.104 Tribal Election Commission.
(1) All elections held pursuant to this Chapter shall be administered by the Election
Commission. The Election Commission shall be composed of seven (7) members chosen
by the Elder Advisory Committee, and appointed by the Board of Directors. The Election
Commission shall have the sole responsibility and explicit authority for the conduct of all
elections. It shall be an independent commission in the performance of its statutory
authority and in the performance of such authority shall not be subject to direction or
supervision or of any other type of influence by the Board of Directors. No person shall
be appointed who is currently holding tribal elective office. Any member of the Election
Commission shall be ineligible for tribal elective office unless they resign from the Election
Commission at least six (6) months before the election deadline. The Election Commission
shall establish its own administrative procedures and By-Laws, subject to the approval of
the Board of Directors, and may not delegate its authority. The Commission may assign
or outsource specific tasks or duties as necessary consistent with the Constitution and this
Chapter.
(2)
The Elder Advisory Committee shall submit for appointment, to the Commission,
the seven (7) members that they recommend. If the number of letters of intent submitted is
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less than or equal to the number of opening available on the Election Commission,
everyone who submitted a letter of intent will automatically be sent to the Board of
Directors for appointment without a recommendation from the Elder Advisory Committee.
Should the Elder Advisory Committee fail to submit the aforementioned recommendation
to the Board of Directors by third Friday in October, the Board of Directors shall appoint
seven (7) members to the Election Commission. The intent shall be to have one (1)
representative from each of the five (5) election units wherever possible. If it is not possible
to get representation from each unit in a timely manner then the commission will be
established with qualified individuals as necessary to carry out the intent of this Chapter.
(3) For the purpose of the initial Election Commission established, the commission
members shall serve staggered terms as follows: Members of the Election Commission
serve staggered terms with four (4) members serving a five (5) year term and three (3)
members serving a three (3) year term. Thereafter all appointments shall be for a four- (4)
year term with all terms ending on an off year for an election cycle
(4) Tribal Members interested in serving on the Commission shall apply to the Board
Administrator at least ninety (90) days prior to the start of the Election Cycle.
(5)
Members of the Election Commission shall remain in office until their successors
are duly appointed and confirmed.
(6)
In the event of a vacancy on the Election Commission, the Board of Directors shall
select a replacement, who will serve the remainder of the term.
(7)
Qualifications. To be eligible for the Election Commission a person must be a
registered voter of the Tribe, eighteen (18) years of age or older, and not be an Immediate
Family Member of a current elected Board Member. Preference shall be given to enrolled
Sault Tribe Members with demonstrated knowledge in the function of the Tribal
Government, the Tribal Election process, and the Tribal Codes, specifically this Chapter.
(8)
It shall be the duty of the Election Commission to conduct all tribal elections held
pursuant to this Chapter. The Election Commission shall:
(a)
Elect a chairperson, vice-chairperson, and a secretary from its own
membership;
(b)
Publish a schedule for its regular meetings, establish an agenda for each
meeting in accordance with Tribal Code Chapter 14, approve and maintain correct
and accurate minutes of its deliberations, and rules and regulations of the
Commission which shall be regularly posted on the Tribe’s website.
(c)
Use any and all available technology determined necessary to carry out the
conduct of all tribal elections;
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i.
Commission meetings may be conducted using available remote
work technology provided that all commission members must be in person for all
election day tabulations and all administrative hearings under this Chapter.
ii.
Open meetings of the Election Commission will be broadcast using
all available technology for the tribal membership to observe only.
(d)
Oversee and maintain the current voter lists, pursuant to the data provided
by the Tribal Registrar and use all efforts to diligently update said lists with correct
addresses and phone numbers of the registration of voters;
(e)
Develop and publish all necessary timelines to conduct Sault Tribe
elections, consistent with the Tribe’s Constitution and this Chapter. Said timelines
are to be published in the Sault Tribe Newspaper and on the Tribe’s website as soon
as practicable;
(f)
Develop and publish the Elections Sanction Schedule for Election Code
violations at the start of any general election cycle.
(g)
Prepare and post at each Tribal Office a list of eligible nominated
Candidates at least one hundred twelve (112) days prior to the general election.
(h)
Prepare Ballots and distribute them to all Registered voters in accordance
with Section 10.116, and account for all Ballots both before and after the election.
(i)
Receive Ballots from the United States Postal Service at the close of voting.
(j)
Conduct all Contest and Complaint proceedings in accordance with this
Chapter.
(k)
Conduct all necessary recounts.
(l)
Certify the results of the election to the Board of Directors in person at a
special or regular meeting of the Board.
(m)
Retain the Ballots securely for a period of the latter of ninety (90) days
following an election or until all Contests and Complaints have been finally
resolved. All records including but not limited to complaints, contests, and
financial records, shall be maintained for a period of no less than ninety (90) days.
(n)
Provide written reports at the end of each election cycle detailing the
election process, the election turn out, elections results, sanctions administered,
financial reports, any other information necessary to analyze the administration of
the Tribal elections.
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(9)
All Election Commission members shall refrain from making any public comment
regarding the election procedures unless authorized by the Election Commission. Election
Commission members shall refrain from campaigning on behalf of, or in opposition to, any
Candidate or referendum issue. It shall be cause for removal from the Election
Commission by the Board of Directors if any member violates this Chapter.
(10) Election Commission Members may be removed from office for committing the
following acts:
a.
Willful neglect of the duties prescribed in this act;
b.
Corruption in Office/Violation of Code of Ethics;
c.
Working under the influence of drugs and/or alcohol;
d.
Campaigning for any candidate or any referendum, or otherwise improperly
interfering with the conduct of any Tribal election as described in (7) above;
e.
A violation of any law of the Sault Ste. Marie Tribe of Chippewa Indians
that would be a felony in the State of Michigan.
A petition for removal of an Election Commission Member may be brought by a majority
vote of the Tribal Board of Directors. The Hearing Procedures for a removal of a
commission member shall be an administrative hearing conducted by the Sault Tribe Court
Chief Judge. Decisions of the administrative hearing shall be final and not appealable.
(11) The Election Commission shall conduct all business in open meetings at a location
accessible to the public. At times the Commission may need to close the meetings for
attorney-client privileged communication or litigation purposes. The Commission will
meet as often as necessary to conduct its business. A majority of the members of the
Election Commission shall constitute a quorum for the transaction of business. Meetings
of the Election Commission shall be governed by the Bylaws of the Election Commission.
The Election Commission shall keep complete and accurate records of all meetings and
actions taken. Meeting schedules shall be published pursuant to 8(b) above.
(12) All books and records of the Election Commission shall be open to inspection by
Members upon reasonable request to the Board of Directors pursuant to Article III, Section
1 of the Tribal Bylaws and the Tribal Freedom of Information Act Chapter 15.
(13) If an Immediate Family Member of a currently sitting Election Commission
member files as a Candidate, that Commission member shall be disqualified from
participating in any action of the Election Commission relating to the office for which the
Immediate Family Member has filed. Action includes voting on any official matters that
pertain to that family member candidate, participating in any contests or complaints that
involve that family member, or tabulation of votes. Action shall not include any
administrative functions such as the preparation of mailers, creation of notices etc.
10.105 Emergency Election Commission
In the Event that the Tribe finds itself without a working Election Commission, the
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Emergency Election Commission shall go in to effect to ensure that there is no lapse in the
administration of the Tribal elections.
(1)
The Emergency Election Commission shall be composed of the Tribe’s General
Counsel, the Tribal Registrar, the Tribe’s Enrollment Coordinator, and the Board
Administrator. In the event that one or more of the above team members is unable to sit
on the emergency election commission, the commission must, at minimum, consist of at
least one representative from the following departments: Legal; Enrollment; and
Administration. The Emergency Election Commission shall be comprised of enrolled
Sault Tribe Members. No person shall be appointed who is currently holding tribal elective
office. The Commission may assign or outsource specific tasks or duties as necessary to
carry out elections consistent with the Constitution and this Chapter.
(2) It shall be the duty of the Emergency Election Commission to conduct any Tribal
Elections in the event the Election Commission is unable to carry out its duties. It shall
have the same authority and obligation as the Election Commission.
(3)
Should any election complaint or contest arise while the Emergency Election
Commission is in place, the commission, in collaboration with the Election Attorney, shall
handle all allegations in accordance with section 10.120 and 121.
(a)
Should it be determined that any allegations rise to the level of prosecution
for any crime under Tribal Code Chapter 71, the matter shall be immediately
sent to the Tribal prosecutor’s office for further review.
(4)
The Authority of the Emergency Election Commission shall cease upon the
appointment of a valid Election Commission pursuant to this Chapter.
10.106 Computation of Time.
In computing a period of time for purposes of this Chapter, days shall refer to
calendar days. If the last day of the period is a Saturday, a Sunday, or a holiday in which
the Tribal Offices are closed, then the last day will be the next regular business day at 5
p.m.
10.107 Date of Election.
Elections for the Board of Directors of the Tribe shall be held on the fourth
Thursday in June of each election year at intervals as provided in Article IV, Section 4 of
the Constitution.
10.108 Election Units.
The Service Area shall be divided into five (5) Election Units.
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10.109 Notice of Election.
The Election Commission shall create a Notice of Election which shall give the
date of election, the manner by which the Vote is to be taken, the officers to be elected, the
procedures for the nomination of Candidates, the time limit for each stage of the election
procedure and the voting information for the election. The Notice of Election shall be
publicized in the tribal newspaper, on the Tribe’s official website, and posted at all Tribal
Offices on the second Wednesday in January in the year in which a general election occurs.
10.110 Registration of Voters.
(1)
Any Member, eighteen (18) years of age or older on the date of the election as
determined in Section 10.105 shall be automatically registered, by the Tribal Registrar, to
participate as a voter in tribal elections.
(2)
The Tribal Registrar shall mail to all Adult Members a notice informing them of
their status as registered voters with an option for those who reside outside of the service
area to designate an Election Unit in which to vote.
(3)
Resident members shall automatically be registered within the election unit in
which they maintain residency. Non-resident members shall select their permanent
election unit of choice within ninety (90) days prior to the election on the form sent by the
Tribal Registrar. Election Unit Registration forms, as indicated in (2) above, must be filled
out completely to become registered within a unit.
(4)
Once a Member has been Registered, the Member's registration status is permanent
and shall not change, subject to Subsection (3) and Subsection (5).
(5)
A resident member who loses their resident member status by moving out of an
election unit must register pursuant to subsection (3).
(6)
Notwithstanding the section of the unit of choice in which to vote for Tribal
Members residing outside of the Tribe's Election Units, all registered voters shall be
eligible to vote in Tribal Elections and referenda not unit specific.
(7)
The Tribal Registrar shall prepare a roll of current Registered voters and make
available for inspection at least one hundred forty (140) days prior to the general election.
This roll shall indicate the name, address, and Election Unit of each registered voter. This
roll will be updated and available for inspection ninety (90) days prior to the general
election once the deadline for non-residents to choose a unit has passed.
10.111 Candidates for Election.
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(1)
To be eligible for election to the Board of Directors or the office of Tribal
Chairperson, each Candidate must:
(a)
Be a qualified voter of the Tribe.
(b)
Be eighteen (18) years of age or over.
(c)
Comply with Section 10.125.
(d)
Any Person elected or appointed to a position on the board who is either an
employee or independent contractor of the Tribe shall voluntarily resign his or her
employment position and/or surrender any rights under any contract with the Tribe
prior to assuming the duties of office or taking the oath of office. Failure to
voluntarily resign and/or terminate the contractual relationship with the Tribe shall
bar the elected or appointed individual from assuming the duties of office or taking
the oath of office.
(e)
have established Residency within the Election Unit the Candidate seeks to
represent, or any Election Unit if seeking the position of Tribal Chairperson, at least
one (1) year prior to the election.
(f)
as a member of the Board of Directors, maintain Residency within the
Election Unit he/she represents, or, as Tribal Chairperson, maintain Residency
within any Election Unit.
(g)
if the Candidate seeks the position of Tribal Chairperson and is elected,
resign from the Candidate’s current position on the Board of Directors prior to
assuming office as Tribal Chairperson.
(h)
have not been previously removed from office as a member of the Board of
Directors during the previous two general election cycles.
(2)
The Election Commission shall compile a complete list of eligible nominated
Candidates. This list shall be posted in each Tribal Office and shall be available for
inspection at least one hundred twelve(112) days prior to the election.
10.112 Nomination of Candidates.
(1)
Each Candidate shall submit to the Election Commission, a Letter of Intent prior to
receiving nominating petitions to run for a particular office. The Letter of Intent must be
received by the Designated Representative at the Designated Officethirty-five (35) days
after the posting of the Notice of Election and shall include the following:
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(a)
The full name of the Candidate along with the Candidate’s date of birth, and
the office(s) being sought.
(b)
The Election Unit in which the Candidate maintains Residency.
(c)
A specific statement indicating the intent to seek an elected position within
tribal government.
(d)
The physical and mailing address and phone number where the Candidate
can be reached.
(e)
A certification under oath and penalty of perjury, that the Candidate meets
the requirements contained in Section 10.111.
(f)
A signed statement consenting to jurisdiction of the Sault Ste. Marie Tribe
of Chippewa Indians for enforcement of any violations of this Chapter in
substantially the following form:
“I, [Candidate’s Name], hereby consent to personal jurisdiction of
the Sault Ste. Marie Tribe of Chippewa Indians for the enforcement
of any violations of Tribal Code and the imposition of any civil fines
and/or other equitable remedies, including injunctive relief.”
(2)
No Candidate may file a Letter of Intent until after the Election Announcement is
posted pursuant to Section 10.109. Candidates may submit a Letter of Intent for both a
position as a member of the Board of Directors and Chairperson, but shall only proceed
with one position of the Candidate’s choice in writing submitted to the Election
Commission no later than the end of the contest period for the primary election held
pursuant 10.118.
(3)
After receipt of a complete Letter of Intent, the Election Commission shall, within
fourteen (14) days, determine whether the Candidate is eligible and issue the Candidate a
Letter of Certification of eligibility which shall be mailed return receipt. The 10.126(4)(d)
notice shall be included with the Letter of Certification.
(4)
A Candidate may receive a list of Registered voters for the respective Election
Unit(s) from the Election Commission upon presenting the Candidate’s Letter of
Certification. The Commission shall establish a fee per page to be charged for copies of
each list.
(5)
To be nominated to office, the Candidate must pick up at designated office and
submit separate completed nomination petitions for each elected position being sought on
forms provided for that purpose by the Election Commission containing the following
information:
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(a)
one hundred (100) valid names, a tribal file number shall be required,
addresses and signatures of Registered voters if seeking the office of Chairperson.
(b)
fifty (50) valid names, a tribal file. number shall be required, addresses and
signatures of Registered voters if seeking the office for members of the Board of
Directors for Election Unit I or Election Unit III;
(c)
forty (40) valid names, a tribal file. number shall be required, addresses and
signatures of Registered voters if seeking office for members of the Board of
Directors for Election Unit II, Election Unit IV or Election Unit V;
(d)
each page clearly stating the full name of the Candidate, to include Jr., Sr.,
I, II or III, etc., the office being sought, the Election Unit which the office
represents, if applicable, and the name of the person circulating the petition.
(6)
Nominating petitions shall not be accepted by the Election Commission unless
correctly completed. Unacceptable nominating petitions shall be immediately returned to
the Candidate.
(7)
A Registered voter may only sign nominating petitions for Candidates for members
of the Board of Directors from the Unit in which he or she is Registered to participate as a
voter. No Registered voter shall sign more nominating petitions for the Board of Directors
than there are seats to be elected from his or her Election Unit, nor more than one petition
for Chairperson. In the event that any Registered voter shall sign more than the allowed
number of petitions, his or her name shall be struck from all petitions.
(8)
All completed nomination petitions must be received by the Designated
Representative at the Designated Office forty-nine (49) days after the posting of the Notice
of Election
(9)
The Designated Representative shall forward all Letters of Intent, and nominating
petitions to the Election Commission.
10.113 Campaigning.
(1)
No Campaigning shall take place prior to the Notice of Election.
(2)
No Campaigning shall take place in any of the tribal offices, tribal enterprises or
majority owned subsidiaries, tribally owned property, or tribally sanctioned events or
functions, or those areas reasonably required as access to any of the forgoing locations,
except as allowed in Subsections (5) and (6).
(3)
Candidates and their supporters who are tribal employees shall not engage in
Campaigning at their work site. Employee Candidates and their supporters may only
engage in Campaigning outside of their normal work hours or during days which they have
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taken leave. Candidates may file any letters, forms or reports required by this Chapter
during lunch breaks.
(4)
No tangible or intellectual property of the Tribe may be used for any Campaigning
purposes including without limitation computers, photocopying, telephones, fax machines,
database information and office supplies.
(5)
A Candidate may post one (1) campaign sign on each designated public bulletin
board at the various tribal offices and enterprises. No sign placed on a tribal bulletin board
may exceed eight and one-half (8 1/2) inches in width and eleven (11) inches in length.
Any sign not meeting the requirements of this Section shall be removed.
(6)
Campaign signs may not be posted or erected on any tribal property except for signs
on residential property with the owner/tenant’s permission.
(7)
Outdoor signs on residential tribal property may not exceed five (5) feet in width
or five (5) feet in height.
(8)
All campaign signs or advertisements must be removed within thirty (30) days
following the election.
(9)
All campaign advertisement material must have placed upon its face in a
conspicuous manner the endorsement of the Candidate or the Non-Candidate Registrant
responsible for the advertisement. Any campaign advertisement that endorses or opposes
more than one Candidate must be endorsed by the Candidates or the Non-Candidate
Registrants responsible for the advertisement as well as by any other Candidates endorsed
by the campaign advertisement. The endorsement shall specifically state:
“[Candidate’s or Non-Candidate Registrant’s name] endorses this advertisement.”
(10) Express endorsements or express statements of opposition to a Candidate in unit
reports or the Chairperson’s report distributed by the Tribe are prohibited. During Election
Cycles, Candidates’ unit reports distributed by the Tribe shall be limited to space
equivalent to one fourth (1/4) page.
(11) The Tribe shall provide to each Candidate, at no cost to the Candidate, the
opportunity to submit a campaign statement or advertisement equivalent to a one fourth
(1/4) page in the tribal newspaper for publication prior to date set for the primary election
pursuant to Section 10.118. Additionally, the Tribe shall provide to each Candidate, at no
cost to the Candidate, the opportunity to submit a campaign statement or advertisement
equivalent to a one half (1/2) page in the tribal newspaper for publication prior to date set
for the election pursuant to Section 10.107. Each Candidate’s campaign statements or
advertisements pursuant to this Section shall be solely for self-promotion purposes of the
Candidate and shall not address any other Candidate.
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(12) Candidates and Non-Candidate Registrants may campaign by telephoning
Registered voters, however in any such telephone calls, the representative of the Candidate
or Non-Candidate Registrant must clearly state the name of the person on whose behalf the
telephone call is being made, and must also include a telephone number that Registered
voters may call to speak to the Candidate or Non-Candidate Registrant directly.
(13) Campaigning shall be monitored by the Election Commission Attorney. Any
infraction of the campaign regulations by any person shall be subject to penalties as
provided under the duly adopted Civil Sanctions as published by the Election Commission.
(14) The Elder Advisory Committee, and its subcommittees, are hereby authorized to
conduct a Candidate forum or forums and such forum shall not violate any subsection here
in except:
(a) Subsection (1) shall remain in force.
(b) Subsection (6) shall not apply to any signage posted inside the room in which
the forum is being conducted.
10.114 Campaign Financing.
Any person expending money on a campaign must first file as 1). Candidate or as a 2).
Non-Candidate Registrant, with the exception of contributions pursuant to subsection 1 of
this section.
(1)
Solicitation of Contributions by Candidates.
(a)
Candidates shall not solicit Contributions until after submitting a Letter of
Intent pursuant to Section 10.112.
(b)
Candidates shall only accept Contributions from individuals.
(c)
Candidates shall not solicit Contributions in any tribal office or enterprise,
including wholly or partially owned subsidiaries.
(d)
Candidates shall not directly solicit Contributions from Tribal employees.
(e)
Candidates shall not solicit or accept aggregate Contributions from any
single individual over five hundred dollars ($500).
(f)
Candidates shall not accept total aggregate Contributions in excess of the
Candidate’s respective campaign spending limit.
(2)
Campaign spending by Candidates.
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(a)
Candidates shall spend Contributions only on campaign related
expenditures, including without limitations, advertising, materials and
supplies, travel expenses, fundraising expenses, and postage.
(b)
Candidates for Chairperson shall not spend more than fifty thousand dollars
($50,000), aggregated, including In-kind Donations for campaign activities.
(c)
Candidates for the Board of Directors shall not spend more than twenty
thousand dollars ($20,000) aggregated, including In-kind Donations for
campaign activities.
(d)
Candidate’s may spend his or her own funds, provided the Candidate does
not exceed the respective campaign spending limit, and the source of the funds is
properly reported.
(3)
Non-Candidate Registrants:
(a)
Only Members may register as Non-Candidate Registrants. Members must
register by submitting information, on forms provided by the Election Commission
for that purpose, to the Designated Representative at the Designated Office
declaring them to be a Non-Candidate Registrant and include the following:
(1)
The full name of the Non-Candidate Registrant;
(2)
The name of the Candidate(s) for which the Non-Candidate
Registrant will campaign;
(3)
The physical and mailing address and phone number where the NonCandidate Registrant can be reached;
(4)
A certification under oath and penalty of perjury, that the NonCandidate Registrant shall abide by all requirements of this Chapter; and
(5)
A signed statement consenting to jurisdiction of the Sault Ste. Marie
Tribe of Chippewa Indians for this Chapter or any other Chapter in
substantially the following form:
“I, [Non-Candidate Registrants Name], hereby consent to
personal jurisdiction of the Sault Ste. Marie Tribe of
Chippewa Indians.”
(b)
Non-Candidate Registrants are prohibited from soliciting Contributions
from individuals for use in their campaign.
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(c)
Non-Candidate Registrants may only spend funds supporting or opposing
Candidates for office representing the Election Unit in which the Non-Candidate is
registered to vote and which have been specifically identified and disclosed in the
Non-Candidate Registrant’s registration letter.
(d)
Non-Candidate Registrants shall not spend more than one thousand dollars
($1,000) per Election Cycle, including direct Contributions to the Candidate.
(4)
All Candidates and Non-Candidate Registrants shall accurately account for and
report all campaign Contributions and expenditures pursuant to Section 10.115.
(5)
All Candidates shall remit to the Designated Representative any unobligated
Contributions at the end of the election cycle.
10.115 Reports and Report Filing.
(1)
Each Candidate and Non-Candidate Registrant shall file reports under oath and
penalty of perjury with the Designated Representative at the Designated Office detailing
all Contributions and expenditures, including without limitation, advertising, flyers,
postage, fundraising expenses, phone bank charges, online contributions, and other
campaign costs, in accordance with this Section.
An initial report shall be filed within five (5) days of registering as a Non-Candidate
Registrant or submitting a Letter of Intent as a Candidate. Interim reports shall be filed
monthly no later than the fifth (5th) day following the end of each month. A final report
shall be filed no later than the deadline set for Contests.
(2)
All reports shall itemize all Contributions and expenditures and include:
(a)
the name and address of each individual making the Contribution;
(b)
the amount of each Contribution;
(c)
the date each Contribution was made;
(d)
the amount of each expenditure;
(e)
the date each expenditure was made;
(f)
the purpose of each expenditure;
(g)
the receipt from each expenditure; and
(h)
copies of all ads and advertising materials endorsed by the Candidate or
Non-Candidate Registrant.
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(3)
Campaign materials or campaign funds acquired prior to submitting a Letter of
Intent or registering as a Non-Candidate Registrant, must be disclosed and accounted for
in the report.
(4)
Failure to report Contributions and expenditures as required shall result in
prosecution in accordance with this Chapter and any Elections Sanction Schedule duly
adopted by the Election Commission.
10.116 Election Procedures.
(1)
The following procedures are applicable to all elections.
(a)
All elections will be conducted by first class mail. Ballots will be mailed to
all Registered voters by the Election Commission no later than thirty-five (35) days
prior to the Date of Election as determined in Section 10.107.
(b)
Each Registered voter may mark a choice on the Ballot for a Candidate for
as many positions on the Board of Directors as there are to be filled from the voter’s
Election Unit, or for any lesser number. Additionally, during applicable Election
Cycles, a Registered voter may only mark a choice for one (1) Candidate for
Chairperson.
(c)
Returned Ballots must be received in the mail at the designated United
States Post Office Box, as indicated on the Ballot, by the time of closing of the Post
Office on the day of the election.
(d)
The Election Commission shall be responsible for picking up all Returned
Ballots at the designated Post Office following the close of business on the day of
the election and for delivery of the Returned Ballots to the designated site for
counting Votes.
(e)
The Election Commission shall be responsible for organizing and
implementing all security measures for handling Ballots and counting Votes to
insure the integrity of the election.
(f)
The Election Commission shall inspect each Returned Ballot. If a Returned
Ballot is determined to be a Spoiled Ballot by the Election Commission, the Spoiled
Ballot shall be accounted for separately. Spoiled Ballots shall not be counted as
Votes for purposes of the election.
(g)
If the Returned Ballot contains a Spoiled Choice, the Spoiled Choice shall
not be counted as a Vote, but the remaining portions of the Returned Ballot shall
be counted.
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(h)
If the Election Commission determines that a Returned Ballot is a Marked
Ballot, the Marked Ballot shall be tallied as a Vote and counted for purposes of the
election.
(i)
Candidate representatives and other observers shall not be allowed to
participate in the count. Any disturbance from either may result in that person being
dismissed from the count room.
(2)
In the event of a Tie for any office, the Election Commission shall conduct a recount
of the Votes for each Candidate receiving the same number of Votes pursuant to Section
10.122. Any recount conducted shall be the only recount allowed for the Tied Candidates.
(a)
If there remains a Tie after the recount, the Election Commission shall
decide the result of the election by drawing lots.
(3)
In the event of a Tie in a referendum election, the Election Commission shall
conduct a recount pursuant to Section 10.122(2). In the event of a Tie after a recount, the
original Board of Directors action that is the subject of the referendum shall be upheld.
10.117 Write-In Candidates.
Write-In Votes are not permitted in any election.
10.118 Primary Elections.
(1)
In the event that the number of eligible nominated Candidates for any office
exceeds twice the number of offices to be filled, the Election Commission shall conduct a
Primary Election for that office. The purpose of the Primary Election shall be to reduce
the number of Candidates so that the number of Candidates for each office shall be no more
than twice the number of offices to be filled.
(2)
Primary Elections shall be conducted under the procedures generally applicable to
elections conducted under this Chapter.
(3)
Only the Candidates who appear on the list of eligible Candidates by the Election
Commission pursuant to Section 10.111(2) shall be listed on the Ballot for Primary
Elections.
(4)
Primary Election Ballots shall be mailed to Registered voters not later than nintyone (91) days before the date set for the general election. Returned Ballots must be returned
to the designated Postal Service and received by the Election Commission no later than the
close of business fifty-six (56) days before the date of the date set for the general election.
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(5)
The Candidates in the Primary Election equal in number to twice the number of
offices to be filled in the general election, which receive the greatest number of Votes, shall
be named as Candidates on the general election Ballot.
(6)
If only one Candidate is eligible at the time of the expiration of the contest period
following the posting of eligible Candidates pursuant to Section 104(8)(g), that Candidate
shall be declared elected for purposes of the general election.
10.119 Election Contests.
(1)
Any Member may Contest the results of an election or decisions of the Election
Commission as provided in this Section. All Contests must be submitted to the Designated
Representative at the Designated Office in writing setting forth the grounds for the Contest.
The Designated Representative shall forward all Contests to the Chairperson of the
Election Commission.
(2)
All Contests regarding voter registration, nominating petitions, or the nomination
and eligibility of Candidates must be submitted within three (3) days of the list of eligible
nominated Candidates being posted in accordance with Section 10.111(2).
(3)
All Contests relating to the tabulation of Votes or the results of an election must
be submitted within three (3) days of the posting of the uncertified results in accordance
with Section 10.123(1).
10.120 Election Complaints.
(1)
Any Member may submit a Complaint regarding alleged violations of the Election
Ordinance as provided in this Section. All Complaints must be submitted based on firsthand knowledge of an alleged violation. All Complaints must be submitted to the
Designated Representative at the Designated Office or at the designated email, in writing
setting forth the grounds for the Complaint. The Designated Representative shall forward
all Complaints to the Chairperson of the Election Commission. Allegations of criminal
conduct shall be referred to Tribal Police or the Tribal Prosecutor.
Complaints must be accompanied by written documentation substantiating the allegations.
Failure to supply supporting documentation will render the Complaint null and void and it
will be dismissed without merit.
(2)
All Complaints must be submitted within three (3) months of the occurrence of the
conduct alleged to be in violation of the Election Ordinance.
(3)
All findings of the Election Commission regarding any complaints or contests shall
be published to the Tribe’s Website once the decision has been finalized in writing.
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10.121 Conduct of Contests and Complaints.
(1)
The Chairperson of the Election Commission shall convene a meeting of the
Election Commission within ten (10) days of receipt of a Complaint or a Contest to review
the grounds for the Complaint or Contest. This meeting shall be open to the membership
pursuant to the Open Meetings Ordinance.
(2)
The Election Commission Attorney shall provide a legal opinion to the Election
Commission on if the allegations in the Complaint constitute a violation of this Code.
(a)
All final decisions of the Election Commissionshall be published to the
Tribe’s website.
(3) The Election Commission , establishing two categories of Complaints: Administrative
Complaints and Campaign Complaints.
a. Administrative Complaints: shall mean any type of action that is related to
filing paperwork with the Election Commission. This types of Complaints
can be initiated administratively by a majority vote of the Election
Commission outside from the complaints/contest process. Examples of
these types of Complaints include missed report filing deadline or failed to
place endorsement on an advertisement. The Election Commission shall
make the following types of decisions on these types of Complaints:
i. Dismiss the Complaint in writing as being without merit, if a
Complaint is based on second-hand knowledge, it shall be dismissed
as being without merit; or
ii. Issue a notice pursuant to the published Sanctions Schedule.
b. Campaign Complaints: shall mean any type of violation related to
campaigning. These types of Complaints can only be initiated by members
or candidates through the complaint process. The Election Commission
shall make the following types of decisions on these types of Complaints:
i. Dismiss the Complaint in writing as being without merit, if a
Complaint is based on second-hand knowledge, it shall be dismissed
as being without merit; or
ii. Convene a hearing on the matter and render a written decision
pursuant to subsection (5) of this section.
4Any hearing held pursuant to this Section shall be conducted in accordance with any
Administrative Hearing Code adopted by the Board of Directors. Absent any adopted
Administrative Hearing Code, hearings pursuant to this Section shall be conducted under
administrative hearing procedures adopted by the Election Commission. All parties
involved in a Hearing under this code must appear in-person for the hearing.
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(5)
Hearings under this Section are civil administrative proceedings and imposition of
any fines or penalties under this Subsection does not preclude prosecution and imposition
of penalties for any crime in violation of Tribal Code Chapter 71.
(6)
A decision issued pursuant to subsections (3)(a)(ii) or (3)(b)(ii) may be appealed to
the Sault Tribe Chippewa Tribal Court of Appeals pursuant to Chapter 82.
10.122 Election Recounts.
(1)
Any Candidate may request a recount of the tabulation of Votes in any primary or
general election provided:
(a)
the margin between the requesting Candidate’s Vote total and Vote total for
an unofficial winner was within two percent (2%) of the total Votes for the office
being sought or fifty (50) Votes, whichever is greater;
(b)
a request for recount is submitted in writing, signed by the requesting
Candidate, to the Chairperson of the Election Commission within three (3) days of
posting the unofficial results of the election; and
(2)
In the event the Vote tabulation results in a Tie, the Election Commission will
conduct an automatic recount if needed to determine the official results.
(3)
Any recount conducted shall be the only recount allowed for any affected
Candidates.
10.123 Certification of Election Results.
(1)
The Election Commission shall post the uncertified election results on site and
submit the uncertified results to the designated person for posting at each Tribal Office and
on the Tribe’s web site immediately following the tabulation of Votes.
(2)
The Election Commission shall certify the election results to the Board of Directors
at the next special or regular meeting, provided the period for Contests has lapsed and all
Contests have been finally resolved. If a special or regular meeting does not occur within
seven (7) days following resolution of all Contests, the election results shall be deemed
certified.
10.124 Notification and Installation.
(1)
Elected Candidates shall immediately be notified of the election by mail and/or
telephone, if possible.
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(2)
Elected Candidates shall assume the duties of office at the first special or regular
Board of Directors meeting following the certification of the election results pursuant to
Section 10.123. If a special or regular meeting does not occur within seven (7) days
following certification of results, the elected Candidates shall be installed into office. The
Board of Directors shall hold a special or regular meeting for the purpose of officer
elections on the second Tuesday in July following the election.
10.125 Oath of Office.
(1)
Prior to assuming office, a candidate elect, or an appointee, shall take an oath of
office
(2)
Failure to take the oath of office shall prevent the candidate elect, or appointee,
from assuming office.
(3)
The oath shall be administered by the Chairperson of the Election Commission.
(4)
The oath shall not be given unless this Chapter has been fully complied with.
10.126 Resignation and Surrender.
(1)
Any Candidate elected or an individual appointed to a position on the Board of
Directors who is either an employee or independent contractor of the Tribe shall voluntarily
resign his or her employment position or surrender any rights under any contract with the
Tribe prior to being installed in office or taking the oath of office as further defined in
subsection (3)(a).
(a)
For purposes of this Section the Tribe shall mean the Sault Ste. Marie
Tribe of Chippewa Indians, its governmental instrumentalities, wholly owned
subsidiaries or any corporation formed under any State or Tribal law in which the
Tribe has an ownership interest.
(b)
For purposes of this Section an employment position shall mean any
exempt or hourly position.
(c)
For purposes of this Section an independent contractor shall mean a person
who performs services for the Tribe under an express or implied agreement and
who is not subject to the Tribe's control, right to control, the manner and means of
performing the services.
(d)
For purposes of this Section a contractual right shall mean any right owed
a Candidate or individual by the Tribe, whether vested or not, that exist by operation
of an express or implied contract.
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(2)
Failure to voluntarily resign from an employment position or surrender any
contractual rights pursuant to subsection (1) above shall bar the Candidate or individual
from assuming the duties of office or taking the oath of office.
(3)
Any resignation or surrender shall be accomplished by a Candidate or individual
voluntarily executing a written document to the Tribe's satisfaction wherein a Candidate or
individual:
(a)
For employment positions releases any and all rights and claims a Candidate
or individual may have based upon their employment position with the Tribe.
(b)
For contractual rights release any and all rights and claims a Candidate or
individual may have based upon their contractual relationship with the Tribe.
(4)
(c)
For both employment positions and contractual rights any other releases,
indemnifications, waivers or other securities deemed appropriate by the Tribe.
Implementing procedures for Candidates.
(a)
Within seven (7) days of a Candidate submitting a Letter of Intent a
Candidate shall cause to be submitted a Disclosure of Professional Relationship.
The Disclosure of Professional Relationship shall state:
(i)
any and all employment positions; and
(ii)
any and all contractual rights; and
(iii)
the Candidate attests to the accuracy and completeness of their
disclosure and that any inaccuracies or incompleteness may be a violation
of this Chapter 10 or Chapter 71.
(iv)
the Candidate agrees that any inaccuracies or incompleteness shall
prevent the Candidate from assuming the duties of office or taking the
oath of office.
(b)
Within one (1) day of a Candidate filing a Letter of Intent the
Commission shall provide a copy to the Tribal Attorney’s Office.
Election
(c)
Within seven (7) days of receiving the Disclosure of Professional
Relationship the Tribal Attorney’s Office shall meet with the Election Commission
and within that same seven (7) days thereafter provide the Election Commission an
opinion stating whether or not any disclosures made on the Disclosure of
Professional Relationship requires a Candidate to perform a resignation or
surrender pursuant to Section (1) above.
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(d)
The Election Commission shall immediately after receiving the subsection
(c) opinion notify a Candidate in writing that they will be required to perform a
resignation or surrender pursuant to Section (1) above.
(e)
Before a Candidate is installed in office or takes the oath of office,
whichever occurs first, the Election Commission and shall certify in writing
to the Board of Directors that:
(i)
the Election Commission attests that the Candidate taking the office
or being installed in office has complied fully with this Section; and
(ii)
that the Tribal Attorney’s Office has certified in writing to the
Election Commission that the Candidate has complied fully with subsection
(3) above.
(5)
Implementation procedures for appointed individuals.
(a)
Within three (3) days of an individual being appointed to the Board of
Directors but before installation or the oath of office the individual shall cause to
be submitted a Disclosure of Professional Relationship. The Disclosure of
Professional Relationship shall state:
(i)
any and all employment positions; and
(ii)
any and all contractual rights; and
(iii)
the individual attests to the accuracy and completeness of their
disclosure and that any inaccuracies or incompleteness may be a violation
of Chapter 10 or Chapter 71.
(iv)
the individual agrees that any inaccuracies or incompleteness shall
prevent the Candidate from assuming the duties of office or taking the
oath of office.
(b)
Within one (1) days of receipt of the Disclosure of Professional Relationship
the Election Commission shall provide a copy to the Tribal Attorney Office.
(c)
Within three (3) days of receiving a Disclosure of Professional Relationship
the Tribal Attorney’s Office shall meet with the Election Commission and within
one (1) day thereafter provide the Election Commission an opinion stating whether
or not any disclosures made on a Disclosure of Professional Relationship requires
the individual to perform a resignation or surrender pursuant to Section (1) above.
(d)
Within three (3) days of the Election Commission receiving the subsection
(c) opinion the Election Commission shall notify an individual in writing
that
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they will be required to perform a resignation or surrender pursuant to Section (1)
above.
(e)
Before an individual is installed in office or takes the oath of office,
whichever occurs first, the Election Commission shall certify in writing to the
Board of Directors that:
(i)
the Election Commission attests that the individual taking the oath
of office or being installed in office has complied fully with this Section;
and
(ii)
that the Tribal Attorney’s Office has certified in writing to the
Election Commission that the individual has complied full with subsection
(3) above.
SUBCHAPTER II: SPECIAL ADVISORY ELECTIONS
10.201 Purpose and Authority.
Article VI, Section 2 of the Constitution provides that the Board of Directors shall,
by majority vote, fill vacancies on the Board of Directors by appointment of a voting
Member to fill the unexpired term of the departed official. The Board of Directors has
determined to conduct Special Advisory Elections to assist it in performing its
responsibilities under Article VI. The results of any Special Advisory Election conducted
pursuant to this Subchapter are advisory only and are not binding on the Board of Directors.
The purpose of this Subchapter is to establish procedures for conducting Special Advisory
Elections. The regulations and procedures contained in this Chapter shall be administered
in such a way as to accomplish this purpose and intent.
10.202 Scope.
This Subchapter shall govern Special Advisory Elections for the Board of Directors
conducted by the Board of Directors to assist it in filling vacant Board seats.
10.203 Notice.
The Election Commission shall be noticed of a vacancy on the Board of Directors
by:
(1) the Board of Directors providing written notice to the Election Commission; or
(2) upon the Election Commission appearing before the Board of Directors being
informed there is a vacancy.
10.204 Date of Election.
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The date of the election shall not be earlier than sixty-five (65) days after the
Election Announcement for the Special Advisory Election. No Special Advisory Election
shall be held if the election date shall be later than the Election Announcement for the next
general election.
10.205 Election Announcement.
Upon becoming aware of a vacancy, the Election Commission shall within three
(3) business days prepare and post at each tribal office a Notice of Election which shall
explain the purpose of the Special Advisory Election, give date of election, the manner by
which the Vote is to be taken, the office to be filled, the procedures for the nomination of
the Candidates, the time limit for each stage of the election procedure and the voting
requirements for the elections. It shall provide information on the election to eligible voters,
and shall also publicize the election information throughout the election unit affected, or
in the case the Chairperson, throughout the entirety of the Tribe.
10.206 Applicability of General Election Rules.
(1)
All other Sections of this Chapter are applicable to Special Advisory Elections
except as specifically indicated in this Subchapter.
(2)
The timelines found in this Chapter relating to general elections are not applicable
to a Special Advisory Election.
(3)
Notwithstanding subsection (2) the timelines for a Special Advisory Election shall
be determined by the Election Commission in such a way as to accomplish the purpose and
intent of this Subchapter and shall be published within the Notice of Election.
10.207 Primary.
There shall be no primary for a Special Advisory Election.
10.208 Appointment.
Following the certification of election results by the Election Commission, the
Board of Directors shall appoint the individual who received the most votes in the Special
Advisory Election.
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.