ST. CROIX CHIPPEWA INDIANS OF WISCONSIN (2024)

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ST. CROIX CHIPPEWA INDIANS OF WISCONSIN

TITLE 2

CHAPTER 1

ELECTION ORDINANCE

Resolution No. 10.21.2024.07

Legislative History:

Established on ___________ via Resolution No. ___________

Amended on May 8, 1989 via Resolution No. 05-08-89-01

Amended on April 29, 1991 via Resolution No. 04-29-91-01

Amended on May 7, 1995 via Resolution No. 05-07-95-01

Amended on March 26, 1997 via Resolution No. 03-26-97-01

Amended on February 8, 2005 via Resolution No. 02-08-05-01

Amended on February 12, 2007 via Resolution No. 02-12-07-06

Amended on March 18, 2009 via Resolution No. 03-18-09-01

Amended on October 19, 2009 via Resolution No. 10-19-09-01

Amended on January 24, 2011 via Resolution No. 01-24-11-01

Amended on April 3, 2017 via Resolution No. 17-04-03-02

Amended on January 19, 2021 via Resolution No. 2021.19.01.05

Amended on October 21, 2024 via Resolution No. 10.21.2024.07

ELECTION ORDINANCE

TABLE OF CONTENTS

ARTICLE I – GENERAL PROVISIONS ................................................................................................. 4

2 S.C.T.C. § 01.01(1) TITLE ....................................................................................................................................... 4

2 S.C.T.C. § 01.01(2) AUTHORITY ............................................................................................................................. 4

2 S.C.T.C. § 01.01(3) PURPOSE.................................................................................................................................. 4

2 S.C.T.C. § 01.01(4) ELECTIONS TO THE TRIBAL COUNCIL ...................................................................................... 4

8 S.C.T.C. § 01.01(5) SEVERABILITY AND NON-LIABILITY ....................................................................................... 4

ARTICLE II – ELECTION BOARD ........................................................................................................ 5

2 S.C.T.C. § 01.02(1) APPOINTMENT AND COMPOSITION .......................................................................................... 5

2 S.C.T.C. § 01.02(2) ELECTION BOARD MEETINGS .................................................................................................. 5

2 S.C.T.C. § 01.02(3) DUTIES AND RESPONSIBILITIES ............................................................................................... 5

2 S.C.T.C. § 01.02(4) STIPEND .................................................................................................................................. 6

2 S.C.T.C. § 01.02(5) REMOVAL AND VACANCY ....................................................................................................... 6

ARTICLE III – NOTICE OF ELECTION ............................................................................................... 7

2 S.C.T.C. § 01.03(1) DEADLINE AND CONTENTS...................................................................................................... 7

2 S.C.T.C. § 01.03(2) DISTRIBUTION ......................................................................................................................... 7

ARTICLE IV – PRIMARY ELECTION .................................................................................................. 7

2 S.C.T.C. § 01.04(1) PRIMARY ELECTION DATE ...................................................................................................... 7

2 S.C.T.C. § 01.04(2) NOTICE OF CANDIDATES ......................................................................................................... 8

2 S.C.T.C. § 01.04(3) PROCEDURES ........................................................................................................................... 8

2 S.C.T.C. § 01.04(4) PRIMARY VOTER REGISTRATION ............................................................................................ 8

2 S.C.T.C. § 01.04(5) PRIMARY VOTER RE-REGISTRATION ...................................................................................... 8

2 S.C.T.C. § 01.04(6) PRIMARY VOTER LIST ............................................................................................................. 8

2 S.C.T.C. § 01.04(7) PRIMARY VOTER VERIFICATION ............................................................................................. 9

2 S.C.T.C. § 01.04(8) PRIMARY ELECTION PURPOSE ................................................................................................. 9

ARTICLE V – GENERAL MEETINGS ................................................................................................. 10

2 S.C.T.C. § 01.05(1) MEETING REQUIREMENTS ..................................................................................................... 10

2 S.C.T.C. § 01.05(2) NOMINATIONS ....................................................................................................................... 10

2 S.C.T.C. § 01.05(3) NOTICE TO NOMINEES ........................................................................................................... 10

2 S.C.T.C. § 01.05(4) DECLINATION OF CANDIDACY .............................................................................................. 10

2 S.C.T.C. § 01.05(5) BACKGROUND INFORMATION DISCLOSURES......................................................................... 10

ARTICLE VI – QUALIFIED CANDIDATES........................................................................................ 11

2 S.C.T.C. § 01.06(1) QUALIFICATIONS ................................................................................................................... 11

2 S.C.T.C. § 01.06(2) DISQUALIFICATIONS .............................................................................................................. 11

2 S.C.T.C. § 01.06(3) BALSAM, BASHAW, GASLYN, AND CLAM LAKE RESIDENTS ................................................. 12

2 S.C.T.C. § 01.06(4) RESIDENCE DEFINITION ........................................................................................................ 12

2 S.C.T.C. § 01.06(5) RESERVATION DEFINITION .................................................................................................... 12

ARTICLE VII – ELIGIBLE VOTERS ................................................................................................... 12

2 S.C.T.C. § 01.07(1) ELIGIBILITY ........................................................................................................................... 12

2 S.C.T.C. § 01.07(2) PRIMARY VOTER ELIGIBILITY ............................................................................................... 12

ARTICLE VIII – VOTER LIST .............................................................................................................. 13

2 S.C.T.C. § 01.08(1) PROCEDURE FOR OBTAINING VOTER LIST ............................................................................ 13

STCCIW Title 2, Chapter 1

Election Ordinance

2 S.C.T.C. § 01.08(2) REPRODUCTION/DISTRIBUTION RESTRICTED ........................................................................ 13

2 S.C.T.C. § 01.08(3) PUBLIC INSPECTION .............................................................................................................. 13

ARTICLE IX – POLLING PLACES ...................................................................................................... 13

2 S.C.T.C. § 01.09(1) LOCATION OF THE POLLING PLACES ..................................................................................... 13

2 S.C.T.C. § 01.09(2) LOCAL AND NON-LOCAL VOTING PROCEDURES ................................................................... 13

ARTICLE X – BALLOTS ........................................................................................................................ 14

2 S.C.T.C. § 01.10(1) BALLOTS ............................................................................................................................... 14

2 S.C.T.C. § 01.10(2) NON-REMOVAL OF BALLOTS ................................................................................................ 14

ARTICLE XI – ELECTION PROCEDURE .......................................................................................... 14

2 S.C.T.C. § 01.11(1) ENROLLMENT OFFICE ........................................................................................................... 14

2 S.C.T.C. § 01.11(2) HOURS OF VOTING ................................................................................................................ 15

2 S.C.T.C. § 01.11(3) SECURITY .............................................................................................................................. 15

2 S.C.T.C. § 01.11(4) BALLOT BOX ......................................................................................................................... 15

2 S.C.T.C. § 01.11(5) ELECTION MATERIALS .......................................................................................................... 15

2 S.C.T.C. § 01.11(6) SPOILED BALLOTS ................................................................................................................. 16

2 S.C.T.C. § 01.11(7) METHOD OF VOTING ............................................................................................................. 16

2 S.C.T.C. § 01.11(8) VOTER VERIFICATION ........................................................................................................... 16

2 S.C.T.C. § 01.11(9) PROOF OF IDENTIFICATION .................................................................................................... 16

2 S.C.T.C. § 01.11(10) HANDLING OF BALLOTS ...................................................................................................... 16

2 S.C.T.C. § 01.11(11) SECRET VOTE ...................................................................................................................... 16

2 S.C.T.C. § 01.11(12) MARKING THE BALLOT ....................................................................................................... 16

2 S.C.T.C. § 01.11(13) CASTING THE BALLOT ......................................................................................................... 17

2 S.C.T.C. § 01.11(14) ASCERTAINMENT OF INTENT ............................................................................................... 17

2 S.C.T.C. § 01.11(15) POLL WATCHERS ................................................................................................................ 17

2 S.C.T.C. § 01.11(16) CLOSING OF POLLS .............................................................................................................. 18

2 S.C.T.C. § 01.11(17) DELIVERY OF BALLOTS ....................................................................................................... 18

2 S.C.T.C. § 01.11(18) COUNTING OF VOTES .......................................................................................................... 19

2 S.C.T.C. § 01.11(19) DISPOSITION OF BALLOTS ................................................................................................... 19

ARTIVLE XII – TIE VOTES ................................................................................................................... 19

2 S.C.T.C. § 01.12(1) RUN-OFF ELECTIONS ............................................................................................................ 19

2 S.C.T.C. § 01.12(2) DECLINATION BY CANDIDATE............................................................................................... 19

2 S.C.T.C. § 01.12(3) DEADLINE ............................................................................................................................. 20

ARTICLE XIII – ELECTION CHALLENGES ..................................................................................... 20

2 S.C.T.C. § 01.13(1) ACCURACY OF THE COUNT ................................................................................................... 20

2 S.C.T.C. § 01.13(2) OTHER CHALLENGES ............................................................................................................ 20

2 S.C.T.C. § 01.13(3) DISMISSAL OF CHALLENGES ................................................................................................. 20

2 S.C.T.C. § 01.13(4) BURDEN OF PROOF; ELECTION FRAUD; NEW ELECTIONS ..................................................... 20

2 S.C.T.C. § 01.13(5) DEADLINE TO RENDER DECISIONS ........................................................................................ 21

2 S.C.T.C. § 01.13(6) PUBLIC HEARING REQUIREMENT .......................................................................................... 21

2 S.C.T.C. § 01.13(7) ADMINISTRATIVE REVIEW OF FINAL DECISIONS ................................................................... 21

2 S.C.T.C. § 01.13(8) APPEAL OF FINAL DECISION ................................................................................................. 21

2 S.C.T.C. § 01.13(9) SWEARING IN OF ELECTED TRIBAL COUNCIL MEMBERS ...................................................... 21

ARTICLE XIV – REMOVAL, RECALL, AND VACANCY ............................................................... 22

2 S.C.T.C. § 01.14(1) REMOVAL .............................................................................................................................. 22

2 S.C.T.C. § 01.14(2) REMOVAL REQUEST .............................................................................................................. 23

2 S.C.T.C. § 01.14(3) REMOVAL RECEIPT ............................................................................................................... 23

2 S.C.T.C. § 01.14(4) REMOVAL INITIAL REVIEW ................................................................................................... 23

2 S.C.T.C. § 01.14(5) RECALL ................................................................................................................................. 24

STCCIW Title 2, Chapter 1

Election Ordinance

2 S.C.T.C. § 01.14(6) RECALL PETITION RECEIPT ................................................................................................... 25

2 S.C.T.C. § 01.14(7) FAILED RECALL PETITION ..................................................................................................... 25

2 S.C.T.C. § 01.14(8) PUBLIC RECALL MEETING NOTICE ....................................................................................... 25

2 S.C.T.C. § 01.14(9) PUBLIC RECALL MEETING..................................................................................................... 26

2 S.C.T.C. § 01.14(10) RECALL PROCEDURES ......................................................................................................... 26

2 S.C.T.C. § 01.14(11) VACANCIES ......................................................................................................................... 27

2 S.C.T.C. § 01.14(12) VACANCY APPOINTMENT .................................................................................................... 27

ARTICLE XV – INTENT OF ORDINANCE ......................................................................................... 27

2 S.C.T.C. § 01.15(1) INTENT .................................................................................................................................. 27

STCCIW Title 2, Chapter 1

Election Ordinance

ARTICLE I – GENERAL PROVISIONS

2 S.C.T.C. § 01.01(1) Title

This Ordinance, shall be referred to as the St. Croix Chippewa Indians of Wisconsin Election

Ordinance (the “St. Croix Election Ordinance”).

2 S.C.T.C. § 01.01(2) Authority

Pursuant to the powers vested to the Tribal Council by Article V, Section 1 of the Revised

Constitution and By-Laws of the St. Croix Chippewa Indians of Wisconsin, elections to the

Tribal Council shall be governed by the provisions set forth herein.

2 S.C.T.C. § 01.01(3) Purpose

The intent and purpose of this Ordinance is to establish procedures for fair, open, and honest

elections and to ensure the secrecy and the sanctity of the ballot.

2 S.C.T.C. § 01.01(4) Elections to the Tribal Council

Pursuant to Article IV, Sections 1 & 2 of the Revised Constitution and By-Laws of the St.

Croix Chippewa Indians of Wisconsin, general elections of the five-member Tribal Council shall

be held biennially on the second Saturday in June, on every odd year.

(a) The five-member Tribal Council shall consist of:

One (1) candidate from the Big Round Lake Community;

Two (2) candidates from the Big Sand Lake Community;

One (1) candidate from the Danbury Community; and

One (1) candidate from the Maple Plain Community.

(b) At the first regular election following the adoption of this Ordinance, the three elected

candidates receiving the highest number of votes shall be elected to four-year terms

(2025 – 2029), and the two elected candidates receiving the next two highest votes shall

be elected to two-year terms (2025 – 2027). Thereafter, all terms will be for four years.

The general election will be held every two years on the second Saturday in June to fill

expiring terms.

8 S.C.T.C. § 01.01(5) Severability and Non-Liability

If any section, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a

court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

The Tribe further asserts immunity on its part and that of its employees and / or agents from any

action or damages that may occur as a result of enforcement of this Ordinance.

STCCIW Title 2, Chapter 1

Election Ordinance

ARTICLE II – ELECTION BOARD

2 S.C.T.C. § 01.02(1) Appointment and Composition

(a) On or about January 1st of the election year, the Tribal Council shall appoint a sixteen

(16) member Election Board consisting of twelve (12) regular members and four (4)

alternate members.

(b) The Tribal Council, in making appointments to the Election Board, shall attempt to select

an equal number of members to represent each of the four (4) major communities

identified in 2 S.C.T.C. § 01.08(1).

serve as an Election Board Member.

(d) Those appointed shall be notified by mail of their appointment.

(e) Upon the seating of the Election Board, the Board members shall nominate and confirm a

Chairperson, Vice-Chairperson, and Secretary/Treasurer of the Board to act as Officers of

the Board.

1. The Chairperson shall be responsible for presiding over all meetings of the Board,

direct the work of the Board members, have signatory authority, and all other

duties delegated to him or her by the Board.

2. The Vice-Chairperson shall preside over any meetings that the Chairperson is

absent from.

3. The Secretary/Treasurer shall keep all Board records, maintain Board meeting

minutes, and any other duties delegated to him or her by the Board.

2 S.C.T.C. § 01.02(2) Election Board Meetings

(a) The Election Board shall meet no more than fifteen (15) times from the beginning of the

election process until the conclusion, except for any meetings required in order to resolve

post-election appeals, the day of the election, any special meetings called to resolve

candidate eligibility challenges, and to assist with candidate removals, recalls, and

vacancies.

(b) The Election Board shall make all Board decisions through a majority vote of Board

members present. Any vote that ends in a tie will be decided by a subsequent vote of the

Officers of the Board.

2 S.C.T.C. § 01.02(3) Duties and Responsibilities

(a) The duties of the Election Board shall be to:

1. Have supervisory authority over the election for which they are appointed;

2. Ensure an election process which is fair, open, and impartial;

STCCIW Title 2, Chapter 1

Election Ordinance

Determine the eligibility of candidates for office;

Provide each polling place with a list of eligible voters;

Resolve all questions as to voter eligibility;

Ensure each polling place has sufficient voting materials at the time of the

election;

7. Maintain a secure and peaceful environment at each polling place and during

Board activities;

8. Ensure the sanctity and secrecy of the ballot;

9. Ensure the safe keeping of all election materials and ballot boxes;

10. Ensure each polling place is free from campaign materials and that a 100- foot

limit against electioneering is maintained;

11. Abide by general rules of procedure in the conduct of Board meetings;

12. Resolve matters involving the primary and general elections;

13. Resolve matters involving candidate removal, recall, and vacancy as described in

Article XIV of this Ordinance; and

14. Fulfill other duties detailed in this Ordinance.

(b) The responsibilities of the Board shall be to:

1. Refrain from electioneering for any candidate, or for the removal or recall of any

candidate;

2. Decline any nomination bid for Tribal Council made in their name if so,

nominated at the General Meetings;

3. Refrain from any activity tending to cast doubt on the integrity of the election

process;

4. Keep the proceedings of all Election Board meetings throughout the election

process in strict confidentiality.

2 S.C.T.C. § 01.02(4) Stipend

Election Board members shall receive a stipend of one-hundred-fifty ($150.00) dollars per

attended meeting including meetings to resolve removals, recalls, and vacancies. Election Board

members shall receive a stipend of five hundred ($500.00) dollars for service involving voting

including any Primary Election Day, General Election Day, and Recall Election Day.

2 S.C.T.C. § 01.02(5) Removal and Vacancy

(a) An Election Board member position may be declared vacant by a majority vote of the

Election Board for the following reasons:

1. An Election Board member has been removed, pursuant to 2 S.C.T.C. §

01.02(5)(b);

2. An Election Board member has died; or

3. An Election Board member has become ill to the point of being unable to perform

their duties.

STCCIW Title 2, Chapter 1

Election Ordinance

(b) An Election Board member may be removed by a majority vote of the Election Board for

the following reasons:

1. An Election Board member has missed three scheduled Board meetings;

2. An Election Board member has violated their duties and responsibilities pursuant

to 2 S.C.T.C. § 01.02(3).

the Tribal Council member who represents the community from which the removed

Election Board member is from shall nominate and appoint a replacement.

ARTICLE III – NOTICE OF ELECTION

2 S.C.T.C. § 01.03(1) Deadline and Contents

The Election Board shall publish notice of election at least one-hundred (100) days prior to the

date of elections, except such notice shall not be required in a special election to decide a tie

vote. At a minimum, the notice shall set forth the following information:

(a) Date of elections, pursuant to 2 S.C.T.C. § 01.01(4);

(b) Time and place of the General Meetings;

tribal communities is found in 1 S.C.T.C. § 01.01(4)(a); and

(d) Location of polling places.

2 S.C.T.C. § 01.03(2) Distribution

A copy of the notice shall be posted in each community center identified in 2 S.C.T.C. §

01.09(1)(a). A copy of the notice may also be posted in any Tribally owned and/or Triballysanctioned newspaper, website, and social media page, and at other places the Election Board

determines appropriate. Public newspapers, radio and television media may be used as finances

dictate.

ARTICLE IV – PRIMARY ELECTION

2 S.C.T.C. § 01.04(1) Primary Election Date

Beginning in 2027, all qualified candidates will participate in a Primary Election to be held on

the second Saturday in April every election year.

STCCIW Title 2, Chapter 1

Election Ordinance

2 S.C.T.C. § 01.04(2) Notice of Candidates

Notice of those qualified candidates whose names shall appear on the primary election ballot

shall be posted in each tribal community at least fifteen (15) days prior to the date of the Primary

Election and in accordance with 2 S.C.T.C. § 01.03(1) and (2).

2 S.C.T.C. § 01.04(3) Procedures

Primary Election voting procedures shall conform with the procedures of this Ordinance except

Article XIV. In the event this Article conflicts with any voting procedures of this Ordinance, this

Article shall control.

2 S.C.T.C. § 01.04(4) Primary Voter Registration

Each eligible voter must register for a tribal community prior to January 1st of the election year

in order to vote in the Primary Election. To register, each eligible voter must declare their tribal

community either at the prior year’s general election, or with the St. Croix Tribal Enrollment

Department. Tribal community registration is only required for the Primary Election and is

permanent unless the requirements of 2 S.C.T.C. § 01.04(5) are met.

(a) Tribal members should register for the community they currently reside in (i.e. if you live

in the Big Sand Lake community, you should register for the Big Sand Lake community).

(b) Tribal members who live outside of a tribal community but within a surrounding county,

should register for the community closest to you (i.e. if you live in the Luck, WI, you

should register for the Big Round Lake community).

community they either reside closest to or where their family is from.

2 S.C.T.C. § 01.04(5) Primary Voter Re-Registration

Once registered, eligible voters may not change their tribal community except under the

following circumstances:

(a) The tribal member recently turned eighteen (18) years of age and therefore is a new

eligible voter; or

(b) The eligible voter has re-located to a different tribal community or surrounding county

and can provide proof of residency in the different tribal community or surrounding

county.

2 S.C.T.C. § 01.04(6) Primary Voter List

The St. Croix Enrollment Department shall prepare a primary voter eligibility list. The primary

voter eligibility list shall list eligible voters and their declared tribal community. Any eligible

STCCIW Title 2, Chapter 1

Election Ordinance

voter who has not registered by January 1st of the election year shall not be permitted to vote in

the Primary Election but may vote in the General Election.

2 S.C.T.C. § 01.04(7) Primary Voter Verification

Each prospective primary voter must provide sufficient proof of identification to the Election

Board Clerk prior to voting. The Clerk shall then determine whether the name of the voter

appears on the primary voter eligibility list. Each eligible primary voter must register their name

on the official poll list. The Clerk shall instruct the voter to print and sign their name on the list

prior to voting.

(a) A prospective voter whose name does not appear on the primary voter eligibility list for

that tribal community, shall not be permitted to cast a vote. The Clerk shall instruct the

voter that they are ineligible to cast a vote for the Primary Election but will be able to

vote during the General Election.

(b) A prospective voter attempting to vote in a tribal community where they are not

registered, shall not be permitted to cast a vote. The Clerk shall instruct the voter which

tribal community they are registered to and instruct the voter that in order to cast a vote,

they must go to that tribal community (i.e. if they are attempting to vote in Big Sand Lake

but are registered for Maple Plain, the tribal member must go to Maple Plain’s voting

location to cast their Primary Election vote).

2 S.C.T.C. § 01.04(8) Primary Election Purpose

The Primary Election’s purpose is to narrow the number of candidates representing each of the

tribal communities in the General Election. Each tribal community will be governed by the

results of the Primary Election as follows:

(a) Big Sand Lake Community will take the top four (4) vote-getters from the Primary

Election to be added to the General Election ballot;

(b) Big Round Lake Community will take the top two (2) vote-getters from the Primary

Election to be added to the General Election ballot;

be added to the General Election ballot;

(d) Maple Plain Community will take the top two (2) vote-getters from the Primary Election

to be added to the General Election ballot;

(e) If a tribal community has the same number of qualified candidates running which would

move onto the General Election, that tribal community would not participate in the

Primary Election and only the General Election.

STCCIW Title 2, Chapter 1

Election Ordinance

ARTICLE V – GENERAL MEETINGS

2 S.C.T.C. § 01.05(1) Meeting Requirements

General Meetings shall be held in each of the four (4) major tribal communities, within thirty

(30) days of posting the notice of the election(s), for the purpose of nominating persons as

candidates for Tribal Council.

(a) Notice of the General Meetings shall be made in accordance with 2 S.C.T.C. § 01.01(4).

(b) At least two (2) Board members shall conduct and be present at each General Meeting.

2 S.C.T.C. § 01.05(2) Nominations

Any tribal members who meet the eligible voter requirement of Article IV, Section 6 of the

Revised Constitution and By-Laws may nominate a person as a candidate for Tribal Council.

Self-nomination is permitted; the Election Board shall review self-nominated candidates of their

eligibility or ineligibility like any other nomination. All persons making nominations will be

required to show tribal identification to the Election Board before being allowed to nominate.

Nominations must be made in writing on forms provided by the Election Board for the purpose

of nominations. Submission of nominations must be made in person by the party making the

nomination. Seconding of nominations shall not be required for that nomination to be accepted

by the Election Board.

2 S.C.T.C. § 01.05(3) Notice to Nominees

All persons nominated shall be notified by the Election Board of their eligibility or ineligibility

as candidates within fifteen (15) days of the General Meetings.

2 S.C.T.C. § 01.05(4) Declination of Candidacy

Eligible candidates shall have an opportunity to decline such nomination within fifteen (15) days

of the General Meetings. Declination of candidacy shall be made in writing to the Election

Board. “Writing” shall include both letters and email correspondence.

2 S.C.T.C. § 01.05(5) Background Information Disclosures

Eligible candidates who choose to accept their nomination will be require to fill out and submit

to the Election Board a “Background Information Disclosure (“BID”) Form and consent to a

background check provided by the Wisconsin Department of Justice.

(a) The candidate will be required to submit seven dollars ($7.00), by either cash or check,

with checks made out to the Election Board, to cover the cost of running the background

check. The BID Form and seven-dollar ($7.00) fee must be submitted within fifteen (15)

days of the General Meetings.

STCCIW Title 2, Chapter 1

Election Ordinance

(b) If the BID Form is not received by the Election Board within the fifteen (15) day deadline

the candidate will be disqualified as an eligible candidate for the respective election

process.

compliance with 2 S.C.T.C. § 01.05(2) in order to determine the eligibility of a candidate

for Tribal Council. However, the Election Board is not limited to only using the BID for

purposes of determining eligibility pursuant to 2 S.C.T.C. § 01.06(2).

ARTICLE VI – QUALIFIED CANDIDATES

2 S.C.T.C. § 01.06(1) Qualifications

A nominee shall be considered a qualified candidate provided that:

(a) The nominee is a resident of the reservation wherein nomination is made. The nominee

must reside in a home on reservation land, or lands directly adjacent or contiguous, of the

St. Croix Chippewa Indians of Wisconsin; and

(b) The nominee is a resident of the reservation, or lands directly adjacent or contiguous to

the reservation, where the nomination is made for a minimum of one (1) year prior to the

date of nominations; and

which they were nominated; and

(d) The nominee is an eligible voter as defined in 2 S.C.T.C. § 01.07(1) of this Ordinance;

and

(e) The nominee is an enrolled member for a period of three (3) years prior to the date of

nominations; and

(f) The nominee has not been disqualified as defined in 2 S.C.T.C. § 01.06(2); and

(g) The nominee meets the age requirement of twenty-five (25) years of age or older as of the

date of the election, pursuant to Article IV, Section 4 of the Revised Constitution and ByLaws; and

(h) Beginning in 2031, the nominee has not served two (2) consecutive elected terms in

compliance to Article IV, Section 5 of the Revised Constitution and By-Laws.

2 S.C.T.C. § 01.06(2) Disqualifications

A nominee will not be considered a qualified candidate provided that:

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Election Ordinance

(a) The nominee has been found, by a court of competent jurisdiction, in a civil and/or

criminal action, to have misappropriated, embezzled, stolen, misapplied, converted,

or willfully permitted the misapplication, of any monies, funds, credits, goods,

assets, or other property.

(b) The nominee has been found, by a court of competent jurisdiction, to have been

convicted of a felony for violent offenses committed against a person. This

classification includes but is not limited to felony convictions for homicide, battery,

sexual assault, domestic violence, strangulation, and/or child abuse.

2 S.C.T.C. § 01.06(3) Balsam, Bashaw, Gaslyn, and Clam Lake Residents

For purposes of this Section, residents of Bashaw, Gaslyn, and Clam Lake shall be considered

residents of Big Sand Lake. Residents of Balsam Lake shall be considered residents of Big

Round Lake.

2 S.C.T.C. § 01.06(4) Residence Definition

“Residence” means the place where an individual actually physically resides for a period of one

(1) year prior to the date of nomination. The individual must maintain residency on the

reservation community that originally elected them during their entire elected term.

2 S.C.T.C. § 01.06(5) Reservation Definition

“Reservation” means any lands proclaimed by the Secretary of the Interior to be reservation

lands held in trust for the St. Croix Chippewa Indians of Wisconsin or any lands held in trust by

the United States for the benefit of the Tribe. Reservation shall include lands directly adjacent or

contiguous to the reservation.

ARTICLE VII – ELIGIBLE VOTERS

2 S.C.T.C. § 01.07(1) Eligibility

All tribal members who are eighteen (18) years of age or older, meet the eligible voter

requirement of Article IV, Section 6 of the Revised Constitution and By-Laws and therefore are

eligible to cast a ballot on General Election Day.

2 S.C.T.C. § 01.07(2) Primary Voter Eligibility

Any tribal member who meets the requirements of Article IV and is the age of eighteen (18)

years of age or older, meet the requirements to be eligible to cast a ballot on Primary Election

Day.

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ARTICLE VIII – VOTER LIST

2 S.C.T.C. § 01.08(1) Procedure for Obtaining Voter List

The Election Board shall be responsible for obtaining a list of eligible voters from the St. Croix

Tribal Enrollment Department.

2 S.C.T.C. § 01.08(2) Reproduction/Distribution Restricted

The Election Board may reproduce from the original copies of the list provided that such copies

are utilized only by the Election Board during election activities.

2 S.C.T.C. § 01.08(3) Public Inspection

The Election Board shall make available for public inspection the voter eligibility list at least

thirty (30) days prior to the date of the elections. Inspection of the list shall be restricted to

eligible voters during regular business hours in the Office of the Tribal Attorney.

ARTICLE IX – POLLING PLACES

2 S.C.T.C. § 01.09(1) Location of the Polling Places

(a) There shall be four (4) polling places, located as follows:

Big Sand Lake Community – Tri-County Center

Big Round Lake Community – Community Center

Maple Plain Community – Community Center

Danbury Community – Community Center

(b) The Election Board may change the location of any polling place for good cause; the

Election Board shall publish notice of the new polling place location pursuant to 2

S.C.T.C. §01.03(1). Good cause includes but is not limited to: pandemic, construction,

hazardous conditions such as plumbing or electrical issues, or other reason deemed

appropriate by the Election Board.

2 S.C.T.C. § 01.09(2) Local and Non-Local Voting Procedures

(a) An eligible voter residing in any of the above communities is encouraged but not required

to vote at the local polling place. In the event that a voter does not vote at the local

polling place:

1. The Clerk of each of the above communities shall create a “group text” wherein

each Clerk will send the first and last name of a voter who casts a vote at a “nonlocal” polling place;

2. The Clerks at the remaining communities will make note of the voter having cast

their vote and the community wherein the vote was cast.

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3. A “non-local polling place” means any polling place outside of the voter’s

residential community.

present intent to move, and to which, when absent, the individual intends to return.

ARTICLE X – BALLOTS

2 S.C.T.C. § 01.10(1) Ballots

The Election Board shall be responsible for the preparation of the ballots. All ballots shall be

counted and the number certified by the Board prior to the opening of the polls. Only officially,

printed ballots shall be recognized as valid. To be valid, each ballot must:

(a) Bear the name of the St. Croix Chippewa Indians of Wisconsin; and

(b) Indicate that it is an official ballot; and

Community.

2 S.C.T.C. § 01.10(2) Non-Removal of Ballots

No person may take or remove any ballot from the polling place before the close of the polls.

ARTICLE XI – ELECTION PROCEDURE

2 S.C.T.C. § 01.11(1) Enrollment Office

The St. Croix Tribal Enrollment Department will be open for the express purpose of providing

tribal identification for tribal members:

(a) The night of the General Meetings from 5:00 p.m. to 7:00 p.m.;

(b) The Friday preceding the Primary Election from 8:00 a.m. to 4:00 p.m.;

(d) The Friday preceding the General Election from 8:00 a.m. until 4:00 p.m.; and

(e) The day of the General Election for the duration of polling hours.

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2 S.C.T.C. § 01.11(2) Hours of Voting

The hours of the polls on the day of the Primary Election and General Election shall be from

8:00 am until 6:00 pm. Any voter in line but unable to vote before the close of the polls shall be

permitted to vote.

2 S.C.T.C. § 01.11(3) Security

Security Personnel shall be present at each polling place for the duration of the hours of the polls,

described in 2 S.C.T.C. § 01.11(2). Whenever available, Security Personnel employed by the

Tribal Government should be utilized. Otherwise, Security Personnel from the St. Croix Casino

locations or hired temporary security may work the day of the election.

(a) Beginning at 6:00pm on the day of the Primary Election and General Election and

continuing throughout the counting of ballots, Security Personnel shall be present.

Whenever available, Security Personnel employed by the Tribal Government shall be

utilized. Otherwise, Security Personnel from St. Croix Casino – Hertel shall be utilized.

2 S.C.T.C. § 01.11(4) Ballot Box

The ballot box shall be handled in the following manner:

(a) The day preceding the election the Legal Department will obtain the ballot boxes from

the Tribal Police Department.

(b) Each Election Board Judge will receive their respective ballot box and retain the ballot

box overnight. Each Election Board Judge will bring the ballot box to their respective

community center the morning of the election.

retain the keys overnight. The Clerk will bring the keys to their respective community

center the morning of the election.

(d) Each Election Board Judge, at each polling place and in the presence of the members of

the Election Board and any authorized Poll Watchers (see 2 S.C.T.C. § 01.11(15)), shall

verify that the ballot box is empty of all material prior to the opening of the polls. Each

Election Board Judge shall then lock the ballot box closed for the duration of the poll

hours.

2 S.C.T.C. § 01.11(5) Election Materials

Prior to the opening of the polls, the Election Board shall ensure that each polling place has

sufficient ballots, voters’ lists, tally and registration sheets, and other materials required for the

election. The number of blank ballots at each polling place shall be counted and certified prior to

the opening of the polls.

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2 S.C.T.C. § 01.11(6) Spoiled Ballots

If a voter spoils a ballot, the voter shall be entitled to receive an additional ballot. Upon return of

the spoiled ballot to the Election Board Judge, the voter is to be issued another ballot. Spoiled

ballots shall be so marked and kept separately by the Election Board Judge. At the close of the

polls, spoiled ballots shall be counted, and the number recorded on the tally sheet. The ballots

shall then be sealed in an evidence envelope that is marked SPOILED BALLOTS.

2 S.C.T.C. § 01.11(7) Method of Voting

Voting must occur in person. There shall be no provision for absentee voting or voting by proxy.

2 S.C.T.C. § 01.11(8) Voter Verification

Each prospective voter must provide sufficient proof of identification to the Election Board

Clerk prior to voting. The Clerk shall then determine whether the name of the voter appears on

the voter eligibility list. A prospective voter whose name does not appear on the voter eligibility

list or the supplemental document indicating that person’s eligibility to vote, shall not be

permitted to cast a vote. Each eligible voter must register their name on the official poll list. The

Clerk shall instruct the voter to print and sign their name on the list prior to voting.

2 S.C.T.C. § 01.11(9) Proof of Identification

Proof of identification is limited to a tribal identification card. Name changes by marriage or

otherwise shall be noted on the poll list by the Election Board clerk.

2 S.C.T.C. § 01.11(10) Handling of Ballots

Once the voter is properly identified and determined eligible to vote, the Clerk shall initial or

stamp the ballot before it is issued to the voter.

2 S.C.T.C. § 01.11(11) Secret Vote

Upon receipt of the ballot, the voter shall promptly retire to the voting booth or other designated

area and there mark the ballot. No more than one (1) person may be permitted to occupy a booth

or voting area at the same time. If a voter requires assistance due to a disability, only the Judge

and Teller may assist the voter. In no way may the assisting Board members influence the voter.

2 S.C.T.C. § 01.11(12) Marking the Ballot

The voter shall mark the ballot in ink in a space opposite the name of the candidate for whom the

vote is intended. Voters shall not vote for more candidates than indicated allowable on the ballot,

or the ballot will be spoiled. Voters may vote for less candidates than indicated allowable on the

ballot, and the ballot shall still be counted as long as it is not otherwise spoiled.

(a) For the 2025 General Election, each of the five seats for Tribal Council will be included

on the ballot. The three elected candidates receiving the highest number of votes at the

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General Election shall be elected to four-year terms (2025 – 2029), and the two elected

candidates receiving the next two highest votes at the General Election shall be elected to

two-year terms (2025 – 2027).

(b) For the 2027 General Election, the seats of the two elected candidates serving the twoyear term from the 2025 election will be included on the ballot. The winners of the

General Election will be elected to four (4) year terms.

(c) For the 2029 General Election, the seats of the three elected candidates serving the fouryear term from the 2025 election will be included on the ballot. The winners of the

General Election will be elected to four (4) year terms.

(d) Ballots will continue to include the staggered tribal community(ies) as above described

for each election cycle thereafter.

2 S.C.T.C. § 01.11(13) Casting the Ballot

Once completed, the voter shall fold and deliver the ballot to the Election Board teller who shall

check the ballot to ensure the proper initialing or stamp is visible. The voter shall then deposit

the ballot in the ballot box.

2 S.C.T.C. § 01.11(14) Ascertainment of Intent

Ballots will be reviewed and counted for correctness as follows:

(a) If a voter marks the ballot with a cross mark or any mark, it shall be considered sufficient

to be tallied as a vote for the candidate whose name it is opposite.

(b) If a voter voted for a greater number of candidates than specified on the face of the ballot,

the ballot shall be considered and declared to have been spoiled.

ballot then the ballot shall be considered and declared to have been spoiled.

(d) If a ballot is determined and declared to have been spoiled the Judge shall then fold the

ballot and immediately under the name or initial of the Clerk, shall write “SPOILED”, the

reason(s) for spoiling the ballot, and their signature. Spoiled ballots shall be stored

separately as described in 2 S.C.T.C. § 01.11(6).

2 S.C.T.C. § 01.11(15) Poll Watchers

(a) Each candidate shall be entitled to have one (1) poll watcher at each polling place on

election day. Candidates must return the “Poll Watcher Verification Form” naming their

poll watchers by the date prescribed on the form if they wish to utilize poll watchers.

Forms returned after the date prescribed on the form will disqualify the candidate from

utilizing poll watchers.

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(b) Each poll watcher will be required to fill out and return the “Poll Watcher Pledge” by the

date prescribed on the “Poll Watcher Verification Form” that was sent to the candidate

they agree to act as a poll watcher for. Persons who were named as poll watchers but fail

to return the “Poll Watcher Pledge” will not be allowed to serve as poll watchers on

election day.

conduct of the election or the tallying of votes. Poll watchers shall not be members of the

Election Board. Poll watchers must identify themselves and their candidates to the

Election Board upon their arrival at the polling place.

2 S.C.T.C. § 01.11(16) Closing of Polls

(a) Upon the closing of the polls, the Election Board members shall proceed in the following

manner:

1. Count and make note of the number of unused ballots. Seal all unused ballots in

manila envelopes provided, including thirty (30) ballots per envelope. Deposit

sealed envelopes into the ballot box.

2. Count and make note of the number of spoiled ballots. Seal all spoiled ballots in

evidence bag provided. Deposit sealed evidence bag into the ballot box.

3. Lock the ballot box in the presence of the Election Board members and any poll

watchers.

4. Deliver the ballot box to the Tribal Police Department officer assigned to the

polling place for delivery to the polling place at Big Sand Lake.

5. Deliver the ballot box keys to the Election Board Judge; and

6. Secure all other election materials for delivery.

2 S.C.T.C. § 01.11(17) Delivery of Ballots

(a) All ballots and ballot boxes shall be brought by the members of the Election Board to the

Big Sand Lake polling place for cumulative tally and certification of the results by the

full Election Board.

(b) The Election Board Judge shall not share the same vehicle with the Tribal Police

Department officer and the ballot box.

including the ballot boxes and keys, shall be delivered to and locked in the Legal

Department.

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2 S.C.T.C. § 01.11(18) Counting of Votes

The official count shall be open to the public and shall continue without adjournment until

completed and the results thereof publicly declared. The Election Board Judge from each polling

place shall, in turn, open the ballot box and proceed in the following manner:

(a) Inform the Election Board and those present of the number of ballots issued, the number

of ballots cast, the number of ballots spoiled, and the number of ballots unused. This

information shall be recorded by the Teller on the official tally sheet for that community.

(b) Begin to read off the votes. The votes cast for each candidate shall be recorded by the

Teller of each community. Following the ballot being read by the Judge, the ballot will

then be passed to the Clerk and Teller for that respective polling place for their inspection

of the ballot.

members for their inspection.

2 S.C.T.C. § 01.11(19) Disposition of Ballots

Upon completion of the counting of votes, the entire Election Board will retire to the Legal

Department in order to certify the election results. All ballot boxes, properly locked, shall be

deposited in the evidence lockers and held by the Tribal Police Department on behalf of the

Election Board. All tally sheets, registration sheets, ballot box keys, and any other election

materials, shall be sealed and held within the Legal Department, on behalf of the Election Board.

The Election Board shall destroy the election ballots and seal and store the remaining materials

between the initiation of the next election process and the date of that next election. The Election

Board shall destroy the primary election ballots prior to the General Election.

ARTIVLE XII – TIE VOTES

2 S.C.T.C. § 01.12(1) Run-Off Elections

In the event of a tie vote between one or more candidates, a run-off election shall be held until

the tie is broken.

2 S.C.T.C. § 01.12(2) Declination by Candidate

A candidate who has tied with one or more candidates may choose to waive their right to

participate in a run-off election by declination. To be valid, a declination must be submitted in

writing and in person to the Secretary of the Election Board or to the Legal Department.

Submission of the declination must occur within three (3) working days following the date of the

elections. Where the effect of any declination produces only one remaining candidate, that

candidate shall be declared the winner by default.

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2 S.C.T.C. § 01.12(3) Deadline

The Election Board shall conduct run-off elections as soon as practical.

ARTICLE XIII – ELECTION CHALLENGES

2 S.C.T.C. § 01.13(1) Accuracy of the Count

If a defeated candidate alleges an inaccurate count of the votes, the defeated candidate may

demand a recount. The procedure for filing and content of such challenge shall be governed by 2

S.C.T.C. § 01.13(2), below.

2 S.C.T.C. § 01.13(2) Other Challenges

Any eligible voter may challenge the election results by filing a challenge of election complaint

with the Election Board. The deadline for filing a contest of election shall be 12:00pm of the

second Monday following the date of the election. Each challenge must be submitted in writing

to the Legal Department and include:

(a) A concise statement of the facts upon which the challenge is based;

(b) The signature of the challenger; and

order payable to the Election Board.

(d) Challenger has the burden of demonstrating:

1. Is a party damaged as a result of the subject matter being challenged; and

2. That the challenge, if successful, provides a material remedy for the damage.

(e) All challengers must file their complaints (challenges) in regards to the election results

individually. Complaints (challenges) may include multiple counts (claims), but may not

include multiple petitioners (challengers). Any consolidation of complaints (challenges)

will be at the sole discretion of the Election Board. Only one challenger shall be allowed

to file per five-hundred-dollar ($500.00) filing fee.

2 S.C.T.C. § 01.13(3) Dismissal of Challenges

The Election Board may summarily dismiss any contest not properly submitted in accordance

with 2 S.C.T.C. § 01.13(2), above.

2 S.C.T.C. § 01.13(4) Burden of Proof; Election Fraud; New Elections

(a) The challenger shall have the burden of proof to show by clear and convincing evidence

that any portion of this Ordinance has been violated or that the Election Board or any

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eligible voter engaged in conduct so unfair and dishonest as to cast doubt on the integrity

of the election process and that a different outcome would have resulted.

(b) If election fraud or any other voter irregularities or improprieties are sufficiently

established pursuant to subsection (a) above, the entire vote from the polling place shall

be discarded, and the Election Board shall recommend a new election.

2 S.C.T.C. § 01.13(5) Deadline to Render Decisions

The Election Board shall consider each challenge and render a final decision within five (5)

working days following the filing deadline.

2 S.C.T.C. § 01.13(6) Public Hearing Requirement

The Election Board shall hold a public hearing to resolve all election challenges filed pursuant to

2 S.C.T.C. § 01.13(2), above. Written notice of such challenges shall be provided to the

candidates and to the challengers. The challenger’s arguments shall be heard entirely in open

session. The Election Board reserves the right to conduct portions of the hearing in closed

session to protect confidential and/or privileged information, provided that all action taken by the

Election Board are ratified in open session. The Election Board may summarily dismiss, without

public hearing, any complaint which it finds to be frivolous and without merit.

2 S.C.T.C. § 01.13(7) Administrative Review of Final Decisions

Administrative Review of final decisions of the Election Board are made to the St. Croix Tribal

Court. A petition for Administrative Review must be filed with the Tribal Court within five (5)

business days of the Election Board’s decision. Administrative Review means that the Tribal

Court can reverse a decision of the Election Board only if the decision was arbitrary or

capricious as defined by St. Croix Tribal Law or a violation of St. Croix Tribal Law. Decisions

of the St. Croix Tribal Court are final and are not subject to further appeal.

2 S.C.T.C. § 01.13(8) Appeal of Final Decision

Any appeal to the St. Croix Tribal Court of a decision of the Election Board shall be heard by a

non-St. Croix Judge appointed by the Chief Judge of the St. Croix Tribal Court pursuant to

procedures set forth in the St. Croix Tribal Court Code. For the purpose of this Ordinance, NonSt. Croix Judge means a Judge who is not an enrolled St. Croix Chippewa Indians of Wisconsin

tribal member; if any St. Croix Tribal Court judge is not enrolled in St. Croix Chippewa Indians

of Wisconsin, they may preside over the appeal.

2 S.C.T.C. § 01.13(9) Swearing In of Elected Tribal Council Members

Newly elected St. Croix Tribal Council members must be sworn in within five (5) business days

of the finalization of the election results by the Election Board, or the Tribal Court Judge if the

finalization is a result of the conclusion of an appellate process.

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ARTICLE XIV – REMOVAL, RECALL, AND VACANCY

2 S.C.T.C. § 01.14(1) Removal

Removal of a Tribal Council member shall be dictated by Article VI of the Revised Constitution

and By-Laws which states:

“Section 1. Removal. A Tribal Council member who is proposed for removal shall be

afforded due process rights including a written statement of the charges, the right to respond

to those charges, and the right to present witnesses and other evidence in defense. Cause for

removal include:

(a) Failure to comply with the Constitution and Bylaws of the St. Croix Chippewa Indians of

Wisconsin.

(b) Final conviction of a felony by a tribal, federal, or state court while serving on the Tribal

Council.

1. The Tribal Council may suspend a Tribal Council member pending the outcome

of a trial and appeals.

tribal, federal, or state court while serving on the Tribal Council.

1. The Tribal Council may suspend a Tribal Council member pending the outcome

of a trial and appeals.

(d) Converting tribal property or monies for personal use.

(e) Misconduct or gross neglect of duty.

1. Gross incompetency – unable or unwilling to perform the duties of the office.

2. Failure to assign through payroll deduction, any debt owed to the Tribe.

3. Abandonment of Office – Relocating outside the community of representation; or

failing to attend four (4) regular or special meetings consecutively without good

cause.

(f) Violations of Tribal Code of Ethics

1. Includes use of illegal substances or unprescribed medication during term of

office.”

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2 S.C.T.C. § 01.14(2) Removal Request

An eligible voter pursuant to 2 S.C.T.C. § 01.07(1) may initiate recall proceedings by filing a

written removal request with the Election Board. Each removal request must be submitted in

writing to the Legal Department and include:

(a) The name of the Tribal Council member proposed for recall proceedings; and

(b) A concise statement of the facts upon which the removal is based pursuant to 2 S.C.T.C.

§ 01.14(1); and

for removal upon; and

(d) The date and signature of the eligible voter initiating the removal proceedings.

2 S.C.T.C. § 01.14(3) Removal Receipt

Upon receipt of a removal request, the Legal Department will deliver a copy of the removal

request to the Election Board and the Tribal Council member proposed for recall proceedings as

soon as practical.

(a) Unless suspended pursuant to 2 S.C.T.C. § 01.14(1), the Tribal Council member

proposed for recall proceedings shall continue to have their full Tribal Council powers

pending the outcome of the proceedings.

2 S.C.T.C. § 01.14(4) Removal Initial Review

Upon receipt of a removal request, the Election Board shall meet within ten (10) days. The

Election Board will not be defunct in the event the full sixteen (16) member Election Board

cannot participate in any part of the removal or recall proceedings. At this Removal Initial

Review Meeting the Election Board shall:

(a) Review the removal request for the following:

1. Whether the initiator is an eligible voter pursuant to 2 S.C.T.C. § 01.07(1); and

2. Whether the removal request proposes only one Tribal Council member for recall;

and

3. Whether the removal request includes a written statement including which

charge(s) the initiator alleges should result in removal pursuant to 2 S.C.T.C. §

01.14(1); and

4. Whether the alleged causes of removal cited have enough possible facts that a

reasonable person would infer the allegations could be shown by clear and

convincing evidence.

(b) The Election Board shall summarily dismiss any removal request if:

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1. The removal request has not met the requirements of 2 S.C.T.C. § 01.14(4)(a); or

2. The Tribal Council member proposed for recall term expires in six (6) months or

less from the date the initiator must return the official recall petition forms; or

3. Another recall election was held in the same calendar year; or

4. After given the official recall petition forms, the initiator fails to return the signed

petition with the required number of signatures; and/or

5. After given the official recall petition forms, the initiator fails to return the signed

petition within the sixty (60) day, time limit.

01.14(4)(b), they shall prepare official recall petition forms for the initiator to collect

signatures from one-third (1/3) of eligible voters. At a minimum the official petition

forms must contain:

The Title: St. Croix Official Recall Petition, or similar iteration; and

The name of the Tribal Council member proposed for recall; and

The number of signatures required to reach one-third (1/3) of eligible voters; and

Enough numbered spaces for at least one-third (1/3) of eligible voters to write

their enrollment ID number, print and sign their name; and

5. The date the petition forms must be submitted; and

6. The signature of the Election Board Chair.

2 S.C.T.C. § 01.14(5) Recall

Recall which is the method of removal of a Tribal Council member shall be dictated by Article

VI of the Revised Constitution and By-Laws which states:

“Section 2. Recall. Any Tribal Council member may be subject to recall from office by a

petition signed by one-third (1/3) of the eligible voters.

(a) An eligible voter may initiate recall proceedings against any Tribal Council member by

filing a written request with the Election Board, provided that a recall proceeding may

not be initiated against any Tribal Council member whose term expires within six (6)

months.

(b) After receipt of the written request, the Election Board shall issue official petition forms

to the member who initiated the recall. The member shall have sixty (60) days to collect

the signatures from one-third (1/3) of eligible voters.

Tribal Council member may be recalled at one time.

(d) The Election Board shall verify the signatures on the recall petition within ten (10) days

of its receipt. If the member seeking the recall has collected the required number of

signatures in the allotted time, then the Election Board shall hold a public recall meeting

within sixty (60) days from receipt of the petition. Notice of the public recall meeting

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shall be mailed to eligible tribal voters at least thirty-days (30) prior to the public recall

meeting. The member initiating the recall and the Tribal Council member who is subject

to the recall shall be given reasonable opportunity to present evidence and to speak.

(e) A majority vote, by secret written ballot, of the eligible voters attending the public recall

shall determine the outcome of the recall petition, provided that at least thirty percent

(30%) of the eligible voters vote at the recall meeting.

(f) The public recall meeting shall be held in accordance with the provisions of the election

ordinance which shall include a section on recall procedures.”

2 S.C.T.C. § 01.14(6) Recall Petition Receipt

The official recall petition forms should be addressed to the Election Board and submitted to the

Legal Department. Upon receipt of the official recall petition forms, the Election Board shall

meet within ten (10) days. At this meeting the Election Board shall:

(a) Verify the signatures on the official recall petition forms by confirming the initiator has

collected the required number of signatures, and each signer is an eligible voter pursuant

to 2 S.C.T.C. § 01.07(1); and

(b) The Election Board shall summarily dismiss if the initiator failed to obtain the required

number of signatures of eligible voters, or if the initiator failed to return the official recall

petition forms by the required date; or

receipt of the official recall petition if the initiator has collected the required number of

signatures from eligible voters in the allotted time.

2 S.C.T.C. § 01.14(7) Failed Recall Petition

Notice of the failed Recall Petition shall be mailed to the initiator and the Tribal Council member

proposed for recall within ten (10) days from the date the Election Board summarily dismissed

the Recall Petition. Notice of a failed Recall Petition shall be posted at each of the community

centers identified 2 S.C.T.C § 01.09(1)(a) within thirty (30) days from the date the Election

Board summarily dismissed the Recall Petition.

2 S.C.T.C. § 01.14(8) Public Recall Meeting Notice

Notice of the Public Recall Meeting must be mailed and posted at least thirty-days (30) prior to

the date of the meeting at each of the community centers identified in 2 S.C.T.C § 01.09(1)(a),

and wherever else the Election Board deems appropriate. Mailed notice shall be mailed to the

most recent address on file with the Per Capita Department. At a minimum, the notice shall set

forth the following information:

(a) The date, time, and location of the Public Recall Meeting;

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1. The Election Board shall schedule the Public Recall Meeting on a Friday.

2. The location of the Public Recall Meeting shall be the tribal community which the

Tribal Council member proposed for recall represents.

3. The Public Recall Meeting shall be livestreamed.

(b) The date, time, and location of voting, including the time when polls will open and close;

1. The Election Board shall schedule voting on the Saturday immediately following

the Public Recall Meeting.

2. The location of polls shall be in accordance with 2 S.C.T.C. §01.09(1).

3. The ballots will be counted at the Big Sand Lake Community polling location.

2 S.C.T.C. § 01.14(9) Public Recall Meeting

At the Public Recall Meeting the Election Board shall ensure the following occurs:

(a) The member initiating the recall and the Tribal Council member who is subject to the

recall shall be given reasonable opportunity to present evidence and to speak;

(b) After both have had a chance to speak, voting by secret written ballot, of the eligible

voters attending the public recall shall occur and will close by the specified time on the

notice;

Lake Community polling location and determine the outcome of the recall petition as

follows:

1. A majority of the votes must vote affirmatively to recall the Tribal Council

member or the recall shall fail.

2. If the vote results in a tie, the recall shall fail.

3. At least thirty percent (30%) of the eligible voters must vote at the Public Recall

Meeting or the recall shall fail.

2 S.C.T.C. § 01.14(10) Recall Procedures

Voting procedures at the Public Recall Meeting, including but not limited to assisting voters,

spoiled ballots, counting, etc. shall generally conform with the procedures above; however, the

Election Board may make reasonable changes necessary to either streamline the process, adjust

to a smaller Election Board, or to accomplish the intent of this Article.

STCCIW Title 2, Chapter 1

Election Ordinance

2 S.C.T.C. § 01.14(11) Vacancies

Vacancies of a Tribal Council member shall be dictated by Article VI of the Revised

Constitution and By-Laws which states:

“Section 3. Vacancies. If a Tribal Council member should die, resign, or be removed or

recalled from office, the Chief Judge of the St. Croix Tribal Court shall declare the position

vacant and shall appoint, without further review of the Tribal Council, the individual who

received the next highest number of votes from the last election and from the same

community to fill the unexpired term of the Tribal Council member who left the position

vacant.

(a) All resignations from the Tribal Council shall be in writing.”

2 S.C.T.C. § 01.14(12) Vacancy Appointment

Vacancy appointed St. Croix Tribal Council members must be sworn in within ten (10) business

days of the finalization of the vacancy results by the Tribal Court Judge or the Election Board, if

the finalization is a result of the conclusion of a recall.

ARTICLE XV – INTENT OF ORDINANCE

2 S.C.T.C. § 01.15(1) Intent

This Ordinance is intended to establish procedures through which fair, open and honest elections

for the Tribal Council of the St. Croix Chippewa Indians of Wisconsin may be conducted. This

Ordinance shall be interpreted liberally, in order to accomplish such intent. Substantial

compliance shall satisfy this Ordinance. Technicalities shall not be used to interfere with, delay,

or block elections, or to cause confusion or a loss of confidence in the election system.

STCCIW Title 2, Chapter 1

Election Ordinance

ST. CROIX OFFICIAL RECALL PETITION

PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________

Initiator: ________________________

# of Signatures Required:________

Date Petition Must be Returned by:___________

I the Election Board Chair, certify that the Election Board met and voted to issue this Recall

Petition to the above-named Initiator:

Signature: __________________________________

Printed Name

Signature

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________

Page 16

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________

Page 17

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________

Page 18

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.