# ST. CROIX CHIPPEWA INDIANS OF WISCONSIN (2024)

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## Record

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

## Text

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

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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

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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

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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:
1.
2.
3.
4.

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.

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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).
(c) Individuals must be enrolled tribal members and twenty-one (21) year of age or older to
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;
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3.
4.
5.
6.

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.
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(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).
(c) Upon the vacancy of an Election Board member by the circumstances described above,
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;
(c) Number of vacancies to be filled and from which tribal community(ies). The listing of
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.

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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).
(c) Tribal members who live outside of a surrounding county should register for the
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
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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;
(c) Danbury Community will take the top two (2) vote-getters from the Primary Election to
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.

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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.
(c) The date and time of the General Meetings in each major community shall be identical.
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.
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(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.
(c) BID Form submission and the completion of background checks are for the purpose of
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
(c) The nominee is a resident of the tribal community pursuant to 1 S.C.T.C. § 01.01(4)(a) in
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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(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.
(c) “Residence” means the place where an individual’s habitation is fixed, without any
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
(c) List the names of all candidates for Tribal Council arranged alphabetically and by Tribal
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.;
(c) The day of the Primary Election for the duration of the polling hours;
(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.
(c) The Clerk from each community will receive the keys to their respective ballot box and
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.
(c) If a voter included a “write in” candidate that is not officially printed on the face of the
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.
(c) Poll watchers may observe voting procedures but shall in no way interfere with the
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.
(c) Immediately upon arrival to the Big Sand Lake polling place all election materials, not
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.
(c) Following inspection of the ballot, the ballot will then be passed to the remaining Board
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
(c) A five-hundred-dollar ($500.00) filing fee paid in cash, by certified check, or money
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.
(c) Final judgment in a civil action involving fraud, embezzlement, or misuse of funds 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.
(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
(c) Any evidence or supplemental information on which the eligible voter bases their cause
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.
(c) If Election Board does not find grounds to summarily dismiss pursuant to 2 S.C.T.C. §
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:
1.
2.
3.
4.

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.
(c) No more than one recall election shall be held in any one calendar year and only one
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
(c) The Election Board shall schedule a public recall meeting within sixty (60) days from
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;
STCCIW Title 2, Chapter 1
Election Ordinance

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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.
(c) The Tribal Council member proposed for recall.
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;
(c) Upon the closing of voting, the Election Board shall count the ballots at the Big Sand
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

26

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

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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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Tribal ID #

ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
Page 2

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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
Page 14

ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
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ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
Page 16

ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
Page 17

ST. CROIX OFFICIAL RECALL PETITION
Printed Name

Signature

Tribal ID #

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PROPOSED RECALL OF TRIBAL COUNCIL MEMBER: ____________________
Page 18

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ast_croix_chippewa%3A94090c5497c02f75. Public record. Not legal advice.