Walker River Paiute Tribe

Walker River Paiute Tribe

1022 Hospital Road * P.O, Box 220 * Schurz, Nevada 89427

Telephone: (775) 773-2306

Fax: (775) 773-2585

RESOLUTION OF THE GOVERNING BODY

OF THE

WALKER RIVER PAIUTE TRIBE

RESOLUTION NO. WR-02-2022

AMENDING TRIBAL ELECTION ORDINANCE WR-04-2001

BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAIUTE

TRIBE THAT:

WHEREAS, the governing body of the Walker River Paiute Tribe is organized under the

provisions of the Indian Reorganization Act of June 1934 as amended, to exercise

certain home rule and be responsible for the promotion of economic and social

welfare of its members, and

WHEREAS, the Walker River Paiute Tribal Council approved Tribal Election Ordinance WR-

04-2001 on August 16, 2001, and

WHEREAS, the Walker River Paiute Tribal Council has amended the Ordinance over the

years; and

WHEREAS, ‘this process, of revising the Ordinance, included the posting of the Ordinance and

allowing for Tribal members and Council members to comment and make

recommendations thereto, and

WHEREAS, on August 3, 2021 the Tribal Election Board made suggested revisions to the

Tribal Election Ordinance, and

WHEREAS, those revisions were posted on October 4, 2021 for a 30-day public comment

period with a deadline of November 4, 2021 set for such.

THEREFORE, BE IT RESOLVED, that the Tribal Election Board met on December 22, 2021

to review and discuss revisions and comments that were received from one tribal member; and

BE IT FURTHER RESOLVED, that the Tribal Election Board voted in favor of making

revisions to the Election Ordinance that are noted below, along with some typographical

corrections, that aren’t noted:

Chapter 00-20 — Definitions

00-20-070 Contest/add “Contestee” — “The contestee is the person submitting such

contest.”

Chapter 00-40 — Regular Elections

00-40-20 Registration

2. “The Tribal Election Board shall be responsible for sending out registration forms.

Registration forms are also available on the Tribe’ website at wrpt.org and can be sent

electronically.”

60-40-60 Absentee Ballots

1. __”) Absentee Ballot Request Forms are also available on the Tribe’s website at

wrpt.org and can be sent electronically. An eligible voter that has requested an absentee

batlot and sent an absentee ballot can vote at the polls. The voter must bring the ballot

that was mailed to them to the polls. They can submit such ballot into the ballot box or

voting machine.”

2 b. ...” Only one ballot will be accepted in the envelop provided. Ballots not

mailed back in the envelop provided will NOT be accepted or counted.”

00-40-90 Ballots

2..., “after the approval of the Tribal Council. The Tribal Election Board shall prepare

enough ballots for the election.”

00-40-130 Counting of Ballots

5. ADD “The Tribe has the option to hire and work with a company/firm to have all

ballots counted electronically. A process shall be set up to have absentee ballots included

into the count/tally.”

00-40-140 Certification of Election Results

The Tribal Election Board shall type a Certificate of the “unofficial election results” ...”

The election will be certified as “official” only alter all post-election contests are heard.

(if any). This will be done at the regular December Tribal Council meeting.”

00-40-150 Election Contests

e, Declaration of Election.

“This declaration will be done at the first regular Tribal Council meeting in December.”

00-50-20 Initiation of Special Elections

1. Recall from Office. Upon receipt of a petition signed by one-third (1/3) of eligible

legal voters, “using the number who voted in the last and most recent lection” ...

3, Referendum. Upon receipt of a petition signed by not less than twenty-five

percent (25%) of the member using the number who voted in the last and most recent

election. The Tribal Council shall call a special election and authorize the Tribal Election

Board to schedule and process the election as required. Not less than thirty percent (30%)

of the eligible voting population shall vote in any such referendum.

4. Adoption for Membership.

a...” Such adoption can be added to a regular election ballot.”

b....” Such adoption can be added to a regular election ballot.”

00-50-50 Petitions and Certification

1.... DELETE “All petitions must be on the form approved by the Tribal Council.”

00-50-60 Calling of Special Election

g. ...ADD “Dates for pre-election contests, post-election contests and any hearing to be

held.”

BE IT FINALLY RESOLVED, that the Walker River Paiute Tribal Council does hereby

approve these amendments to the Tribal Election Ordinance and that said amendments will be in

effect immediately.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Walker River Paiute Tribal Council,

composed of seven members, of whom 6, constituting a quorum, were present at a meeting held

on the 7” day of January, 2022, and that the foregoing resolution was adopted by the affirmative

vote of S-FOR, 0-AGAINST, and 0- ABSTENTIONS, pursuant to the authority contained in

Article VI, Section 1(e), of the Constitution and By-Laws of the Walker River Paiute Tribe,

approved March 26, 1937.

Gina L. Wachsmuth, Tribal Council Secretary

WALKER RIVER PAIUTE TRIBE

Walker River Paiute Tribe

1022 Hospital Road * P.O. Box 220 * Schurz, Nevada 89427

Telephone: (775) 773-2306

Fax: (775) 773-2585

WALKER RIVER PAIUTE TRIBE

ELECTION ORDINANCE

Ordinance No. WR-04-2001

Revised by Resolutions WR-75a-2001 and WR-97-2005

Revised on August 9, 2018 by Resolution No. WR-86-2018

Revised on July 9, 2020 by Resolution No. WR-65-2020

BE IN EACTED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAIUTE TRIBE, that the

Walker River Paiute Election Ordinance is hereby established by virtue of the inherent authority as a

sovereign of the Walker River Paiute Tribe, pursuant to the powers of the Tribal Council found in Article

IV, Section 5 and Article VI, Section 1{q) of the Tribal Constitution and Bylaws. This ordinance

supersedes any ordinance or regulations previously adopted by the tribe.

Chapter 00-10

Authorities, Purpose, Applicability and Confidentiality Procedure

00-10-010 Authorities

00-10-020 Purpose

00- 10-030 Applicability

00-10-040 Confidentiality Procedure

Chapter 00-20

Definitions

00-20-010 Absentee Ballot

60-20-020 Absentee Voter

00-20-040 Affidavit

00-20-050 Bona Fide Resident

00-20-060 Candidate

00-20-070 Contest

00-20-080 Calendar Day

00-20-090 Electioneering

00-20-100 Ehgible Voter

00-20-110 Finalizing the Ballot

00-20-120 Lame Duck

00-20-130 Legal Register Voter

00-20-140 Nomination

00-20-150 Petition

(s 00-20-160 Recall

00-20-170 Referendum

00-20-180

00-20-1990

00-20-200

00-20-210

00-20-220

Chapter 00-30

Regular Election

Special Election

Rejected Ballots

Spoiled Ballots

Severability

Tribal Election Board

00-30-010

00-30-020

Chapter 00-40

Establishment and Duties of Tribal Election Board

Composition and Selection of Tribal Election Board

Regular Elections

00-40-010

00-40-020

00-40-030

00-40-040

00-40-060

00-40-070

00-40-080

60-40-090

00-40-100

00-40-110

00-40-120

00-40-130

00-40-140

00-40-150

00-40-160

Chapter 00-50

Preparation for Elections

Registration

Notice of Polling Place and Times

Ballot Box

Absentee Ballots

Polling Place

Electioneering

Ballots

Calling of Regular Election

Eligibility of Voters and Posting

Nominations/Petitions of Candidates for Tribal Council

Counting of Ballots

Certification of Election Results

Contest

Lame Duck Officials

Special Elections

00-50-0106 Types of Special Elections

00-50-020 Initiation of Special Elections

00-50-030 Time of Special Elections

00-50-040 Cost of Special Elections

00-50-050 Petitions and Certification

00-50-060 Calling of Special Election

00-50-070 Eligibility of Voters and Posting

00-50-0680 Counting of Ballots

00-50-090 Certification of Election Results

00-50-100 Contest

Chapter 00-60

Severability

00-60-0106 Severability

Authorities, Purpose, Applicability and Confidentiality Procedure

00-10-010 Authorities

This Ordinance is authorized by Article [V, Section 5 of the Tribal Constitution and Bylaws which provides

that all elections shall be held in accordance with rules and regulations laid down by the Tribal Council,

or by a Tribal Election Board appointed by the Tribal Council; and Article Vi, Section 1(q). All other

authorities providing for Regular and Special Elections are governed by Articles ll, IV, V, VI and Vil of the

Tribal Constitution.

00-10-020 Purpose

The purpose of the Ordinance is to set forth the rules and procedures for the fair and impartial conduct

of tribal elections, including but not limited to pre-election and post-election activities.

00-10-030 Applicability

All provisions of this Ordinance shall apply to Regular and Special elections.

00-10-040 Confidentiality Procedure

All provisions of this Ordinance shall apply to the Confidentiality Policy and Procedures of the Walker

River Paiute Tribe.

00-10-050 Deadlines

If any deadline stated in this Ordinance falls on a weekend or holiday, then the deadline shail

automatically move to the next Tribal business day.

Chapter 00-20

Definitions

00-20-010 Absentee Ballot

A Ballot submitted in advance of an election by a voter who is unable to be present at the specified

voting place.

00-20-020 Absentee Voter

Any eligible voter who submits a valid absentee ballot request in accordance with this Ordinance.

00-20-040 Affidavit

Astatement made in writing, under oath, and signed before a Notary Public.

00-20-050 Bona Fide Resident

The term Bona Fide Resident used in this Ordinance shall mean actual physical presence on the Walker

River Reservation on a regular and consistent basis for a period of at least one year prior to the date of

the Election. Bona Fide Residency shall be established by documented proof which includes, but not

limited to:

1. Proof that the person seeking eligibility actually uses a house, whether rented or owned, as the

individual’s home, residence, and place of domicile for the requisite one-year period.

2. Showing of utility bills, rent or house payment receipts, driver's license, or a notarized affidavit.

00-20-060 Candidate

A member of the Walker River Paiute Tribe, not less than twenty-five (25) years of age, and a bona fide

resident of the territory of the Tribe for at least one (1) year prior to the election. Candidate cannot be a

felon,

00-20-070 Contest

The subject of dispute, contention, or litigation involving the violation of the election procedures as

established by this Ordinance governing Tribal Elections.

00-20-080 Calendar Day

The days as specified in this Ordinance includes all calendar days of the month and does not exclude

weekends, Holidays or any Holiday recognized by the Walker River Paiute Tribe.

00-20-090 Electioneering

Electioneering means to work for or advertise for a Candidate.

00-20-100 Eligible Voter

Any member of the Walker River Paiute Tribe who is eighteen (18) years of age or older on the day of

the Election. (Voter must have registered by date set by Election Board)

00-20-110 Finalizing the Baliot

When the Walker River Paiute Tribal Council approves the list of Candidates for an upcoming Election, or

approves the ballot for recall from office, tax assessment, referendum and adoption.

00-20-120 Lame Duck Officials

Any member of the Waiker River Paiute Tribal Council that loses a re-election or chooses not to run for

re-election. Sitting council members of the Walker River Paiute Tribe shall continue to serve in their

official capacity until properly relieved.

00-20-130 Legal Registered Voter

A member of the Walker River Paiute Tribe who is at least eighteen (18) years of age on election day and

completes the necessary registration forms as required by the Tribe.

00-20-140 Nominations

When prospective Candidates submits the required documents to be a Candidate for an upcoming

Election.

00-20-150 Petition

A form signed by members of the Walker River Paiute Tribe to initiate a process for recall, referendum,

and nomination for candidates.

00-20-160 Recall

A method of removal through a petition of an official in which power of removal is granted to or

reserved by the people.

00-20-170 Referendum

An exercise of any enumerated powers lodged in the Tribal Council shail be subject to a vote by the

people.

00-20-180 Regular Election

A Tribal Election that is held on the Third Tuesday of November and in accordance with this Ordinance

and the Constitution and Bylaws of the Walker River Paiute Tribe.

00-20-190 Special Elections

A Special Election that is scheduled by the Walker River Paiute Tribal Council that is not set on the day of

a regular election.

00-20-210 Spoiled Ballots

A spoiled ballot means an official ballot that has been cast and marked in such a way that it is not

possible to determine the intent of the voter, such as a ballot that is unreadable, the voter's choice of

candidates cannot be determined, and/or a ballot that has marked too many candidates. A spoiled

ballot will be rejected and not counted.

Chapter 00-30

Tribal Election Board

00-30-010 Establishment and Duties of Tribal Election Board

1. The Tribal Election Board is hereby established for the purpose of carrying out provisions of this

ordinance and shail be called the Tribal Election Board.

2.

The duties of the Tribal Election Board shall be as follows:

a. Shall be responsible for proper administration of Regular/Special Elections

and Procedures.

b. Make recommendations to the Tribal Council for action items regarding the

Election process or Amendments to this Ordinance.

c. Adopt rules concerning the time and place of its meetings.

d. Conduct business only if a quorum of three members are present.

00-30-020 Composition and Selection of Tribal Election Board

1. The Walker River Paiute Tribal Council shall be the authority to approve all Tribal Election Board

appointments for Regular and Special Elections.

2. The Tribal Election Board shall consist of five (5) members who shall be members of the Tribe.

3. Neither Tribal Council members nor Candidates for the Walker River Paiute Tribal Council shall

be permitted to serve on the Tribal Election Board.

4, Attendance shall be required at all scheduled meetings. Unexcused absences by a member of

the Tribal Election Board from three consecutive meetings shall be cause for removal.

5. The Tribal Election Board Chairman shall not vote on any motion unless there is a tie vote, and

the Chairman shalt vote only to break a tie.

6. The Tribal Election Board Chairman is appointed by the Tribal Council.

Chapter 00-40

Regular Elections

00-40-010 Preparation for Elections

In preparation for the Elections the Tribal Council and Tribal Election Board shall follow the procedures

as outlined:

1.

The Walker River Paiute Tribal Council calls for Election and shall set the date, time and place of

the election in accordance with Articles IV, Section 3 of the Tribal Constitution.

At least seventy-five (75) days before the Election, a Tribal Election board shall be appointed by

the Tribal Council! to serve for the designated Election and until the following year's Tribat

Election Board is appointed, and shall be compensated at a rate prescribed by the Tribal Council.

The Tribal Election Board shall conduct all meetings in preparation for the upcoming election in

accordance with provisions of this Ordinance and the Tribal Constitution.

4. The Tribal Election Board shall submit to the Tribal Council a timetable of the scheduled dates

for the election, which shall be referred to as the Election Calendar, and which shall include:

a. Date for posting of notices of Election.

b. Setting the date for registration to vote.

c. Setting the deadline for candidates’ petitions.

d. Posting of Candidates.

e. Setting the date for posting the legal registered voters list.

f. Date for submitting absentee ballot requests and deadline for receipt of

absentee ballots.

g- Date for submitting Pre-Election Contests and date for Tribal Council to hold

hearing on Pre-Election Contests.

h. Date for filing Post-Election Contests

Section 00-40-20 Registration

1. All eligible voters are required to register before they can vote in Tribal Elections. Eligible voters

can register at any time. Only members registered and listed on the Tribe’s voters list on the last

working day of October will be allowed to vote in the November election. An eligible member

may request a voter registration form. The form must be fully completed and returned to the

Tribal Election Board for approval.

2, The Tribal Election Board shall be responsible for sending out registration forms. To avoid fax

copies, scanned or photocopied registration forms, the following procedures shall be used for

voter registration:

a. All request for registration shall be made in writing and either hand delivered to the Tribal

Election Board at the Tribal Office or sent by U.S. mail to: Walker river Paiute Tribe, Tribal

Election Board, P.O. Box 152, Schurz, NV 89427. All request shall include: Voter's name,

Address, Date of Birth, Father’s Name, Mother’s Name, Proper Signature and Membership

information,

b. The Tribal Election Board shall send out a registration form upon receipt of a request from

an eligible Tribal member. Each registration form shall be assigned a number verifying the

authenticity of the form. The registration form must provide proper instructions for its

completion.

c. The Tribal Election Board shall maintain a log of all request for registration forms and the

assigned numbers of ail forms sent out.

d. The Tribal Election Board shali as necessary, and at least quarterly, meet to review voter

registration forms received and to approve any necessary updates to the eligible voters list.

if there are any questions, concerns, or errors regarding any registration forms or other

matters, the member affected shall be notified of the situation for any necessary corrective

action.

e. After the call for Election, the Tribal Election Board shali review and correct the legal

registered voters list from the previous election at their first meeting. The review is

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necessary to make necessary corrections of members who have recently registered, are

deceased, relinquished their Tribal membership, changed their name, and/or any other

necessary changes. The corrected list shall be posted.

f. The Tribal Election Board Secretary shall post the final legal registered voters list on

November 1.

g. Each Voter is individually responsible to ensure his/her name is on the Voters List and/or to

ensure his/her name is correctly spelled and current on the Voters List.

h. fa voter’s name has changed from the name on the Voter List, the voter will be allowed to

vote if the voter can prove he/she is the person on the Voters List.

00-40-030 _— Notice of Polling Place and Times

The Tribal Election board shail post a notice in at least three prominent places on the Walker River

Reservation stating the location of the polling places and the time the polls will be open and close.

This information shall be posted at feast ten (10) days before the election and shall remain posted until

the polls close on the day of the election.

00-40-40 Ballot Box

All marked ballots shall be placed into a receptacle clearly marked “Ballot Box”.

Section 00-40-60 Absentee Ballots

1. All requests for Absentee Ballots must be signed by the voter making the request and must

include the voters address where the absentee ballot is to be mailed. Absentee Ballots shall be

mailed to all persons requesting an Absentee Ballot by the date and time specified by the Tribal

Election Board. Absentee Ballot request shall be submitted to the Tribal Election Board by mail,

or in person at the Tribal Office. An eligible voter that has requested an absentee ballot and sent

an absentee ballot shall not vote at the polls.

2. The Absentee Ballot shall be sent to the absentee voter’s address along with the following:

a. Aplain white envelope marked “ABSENTEE BALLOT”.

b. Directions on how to properly complete the Ballot, and how to properly mail the Ballot back

in the envelopes provided. The Ballot must be mailed to the Walker River Paiute Tribal

Flection Board, P.O. Box 152, Schurz, NV 89427, and must be received by the Tribal Election

Board by 6:00 P.M. on election day. The voter is solely responsible for getting the Ballot to

the Tribal Election Board.

00-40-70 Polling Place

The polling place shall officially open at 7:00am and close at 7:00pm. All Tribal Election Board members

are required to report for duty no later than 6:15am.

00-40-80 Electioneering

No electioneering shall be permitted within two hundred (200) feet of the voting lace during the hours

in which the polls are open.

00-40-90 Ballots

1. All ballots, for Regular and Special Elections shall be by the secret ballot method on ballot forms

established by the Tribal Election Board with the approval of the Tribal Council.

2. After the close of Notice of Candidacy, the Tribal Election Board shall hold a special meeting to

finalize the ballot. Candidates wishing to withdraw their names from the ballot shall be

permitted to do so, but their names shall not be removed from the ballot once the ballot is

approved by the Tribal Council. The Tribal Election Board shall prepare the ballot, after the poll

vote has been conducted of the Tribal Council. The Tribal Election Board shall prepare enough

ballots for the election.

00-40-100 = Calling of Regular Election

The Walker River Paiute Tribal Council shall call the Election in accordance with the authorities as

specified in the Tribal Constitution and Bylaws.

00-40-110 Eligibility of Voters and Posting

1. An eligible voter is a member of the Walker River Paiute Tribe who will be at least eighteen (18)

Years of age on election day and who is duly registered.

2. The Tribal! Election Board is responsible for keeping an accurate legal registered voters list and

for Regular Elections shall post the Voters List as stated in Section 00-40-020.

00-40-120 Nominations/Petitions and Qualifications of Candidates for Tribal Council

1. All candidates must complete the candidate petition form, complete all necessary requirements

and submit the form to the Tribal election Board prior to the set deadline for candidates to

submit their petitions to be a candidate. The candidate must state on the form the seat the

candidate is running for. A candidate may only run for one office during any election.

2. Each candidate petition form must be signed by not less than ten (10) legal voters. A voter may

sign only one petition for each office. Petitions must be filed with the Secretary of the Tribal

Council by the deadline stated in the Election Calendar (see Section 00-40-010.4), which must be

at least thirty (30) days prior to the election for which the candidate makes such petition. Each

candidate shail be responsible for ensuring the voters’ names on the candidate petition are

listed in a manner that allows the Election Board to verify that each signor is a valid voter.

3. All candidates must have a background check completed specifically for the election process to

prove the candidate is not a felon. Candidates must submit with their candidate petition form a

consent for the Tribe to conduct a background check on the candidate and $50 to help pay for

the background check. The background check must be completed by an outside firm contracted

with the Tribe — no exceptions. If the outside firm obtains information that a candidate has

committed a felony, the firm shall contact the candidate to give the candidate the chance to

9

a)

refute the information. After completing the background search process, the firm shall inform

the Election Committee Chairman if each candidate has or has not been convicted of a felony.

The list of qualified candidates shali be posted by the Secretary of the Tribal Council at the

Western Nevada Agency and in not less than two conspicuous places on the Walker River

Reservation two weeks prior to the election.

Eligible candidate running for the Tribal Council shall not be less than twenty-five (25) years of

age, a member of the Walker River Paiute Tribe, a Bona Fide resident of the territory of the

Tribe for at least one (1) year prior to election, and cannot be a convicted felon.

No currently seated Tribal Council Member who has not completed their full term shall run for

an office (Chairman, Vice-Chairman, Treasurer, Secretary or Council member) without first

resigning from their currently held Tribal Council seat. The written resignation letter must be

submitted to the Tribal Election Board and accepted by the Tribal Council prior to the Tribal

Council approving the ballot. The resignation shall be effective upon Tribal Council declaring the

election valid as stated in Section 00-40-150.2.e. (Declaration of Election)

If the Tribal council member who resigns to run for another office not successful in winning the

other office, the Tribal Council member cannot be appointed to a vacant seat on the Tribal

Council until after the next regular election, at which time the former Tribal Council member can

run for any available Tribal Council seat.

00-40-130 Counting of Ballots

Tally sheets prepared by the Tribal Election Board shail list the candidate’s names in alphabetical

order. The ballot box shall be opened, and all ballots counted in the presence of al} Tribal

Election Board members and the monitoring official(s). The Tribal Election Board Chairman shall

remove each ballot and read the choices marked on the ballot, show the ballot to the Tribal

Election Board members to ensure that the votes are read and credited to the correct

candidate. Each Tribal Election Board member shall verbally acknowledge crediting each vote to

the correct candidate. The counted votes for each candidate shall be marked in groups of five

(5) an acknowledged when each candidate reaches the group total.

The Tribal Election Board shall not count any ballot that the Tribal Election Board determines isa

“spoiled batlot” and at least two Election Board members shall sign the spoiled ballot.

If a voter incorrectly marks his/her baliot and requests a “replacement ballot” then the Tribal

Election Board shall provide the voter with a replacement ballot, shall mark the voter's original

ballot as “VOID,” shall not count the original ballot, and at least two Election Board members

shall sign the original ballot.

When all ballots have been tallied, the Tribai Election Board shall figure the total number of

votes cast for each candidate. Each Tribal Election Board member shail certify his/her tally

sheet. The Tribal Election Board shall certify the election results with candidates’ names in

alphabetical order, stating the total number of votes for each. Each Tribal Election Board

member shall certify by signing the certification.

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00-40-140

Certification of Election Results

The Tribal Election Board shall type a Certificate of the official election results with names of the

candidates and number of votes received. The certification shall be signed by the Tribal Election Board

members and the Tribal Chairman, or his/her absence, the Vice-Chairman, Secretary or a designee. A

posting of the Election results shall be in two prominent places on the reservation as soon as the

election results are determined.

00-40-150

Election Contests

1. Contest of Pre-Election Activities

a.

Any eligible voter may Contest the pre-election procedures for misconduct on part of

the Tribal Election Board, Legal Registered Voters List, and the Candidates List. The

burden of proof shall be on the contester. The contest shall be in writing submitted to

the Secretary of the Tribal Council by the deadline stated in the Election Calendar (see

Section 00-40-010.4), setting forth the name and address of the contester and particular

grounds of the contest.

The matter shall be brought before the Tribal Election Board and the Tribal Council at a

Special Council meeting on the date stated in the Election Calendar. The Tribal Council

members not running for office in the election shall decide each contest and their

decision shall be final.

2. Contest of Post-Election Results

Only legal registered voters of the Walker Reservation may contest the election of any

person declared elected to the Tribal Council upon any of the following grounds:

1. For misconduct on the part of the Tribal Election Board or any member thereof, or

on the part of any official making or participating in a canvass of returns for a

tribal election.

2. That the person whose right to the office in contest was not, at the time of the

election, eligible to the office.

3. That the person whose right is contested, or any person acting for him, has given

to an Election Board member, a bribe or reward for the purpose of procuring his

election, or has committed any other offense against the peopte’s right to vote.

4. That the election was not by secret ballot.

5. That Notices of Election, candidates, voting list, certifications were not posted as

required by this ordinance.

6. Evidence that ballots were illegally cast.

11

That by reason of erroneous count of voters or erroneous rejection of votes, the

person declared elected did not in fact receive the highest number of votes for

the seat.

That proper procedure was not followed in accordance with this Ordinance and

the Tribal Constitution and Bylaws.

Contents of Contest Statement. The voter contesting a Tribal Election shall, within five

{5) days after completion of the canvass of the election and certification of the results,

file a statement in writing with the Secretary or the Chairperson of the Tribal Council

setting forth:

1.

3.

The name and address of the party contesting the Election and that he/she is a

legal registered voter of the Walker River Paiute Tribe.

The name of the person or persons whose right to the seat is contested as it

appeared upon the official ballot.

The particular grounds of the contest.

Tribal Council and Tribal Election Board to Hear Contest. The Contest shall be brought

before a special meeting of the Tribai Election Board and the present Tribal Council. If it

appears that there is a valid cause shown for the contest the Tribal Council shall declare

the election void and call for a new election under the same procedures as set forth in

this ordinance.

Contest Procedures

The statement shail be verified by an Affidavit from the Contester, and that he/she

believes the matters and information contained therein are true.

If the election is being contested as a result of tabulation of ballots, the contester

may request that all ballots be inspected in the presence of the Tribal Election Board

and his/herself. This procedure may only be used by the contester after he/she has

filed a statement with the Tribal Secretary or Chairperson of the present Tribal

Council, stating that he/she cannot properly prepare a hearing without such

inspection.

Thereafter, the Tribal Council and Tribal Election Board shall set a time for the

hearing of the contest, no later than twenty (20) days after the date on which the

statement of contest was filed, which may be continued but not to exceed five (5)

days for good cause shown.

The Tribal Council and Tribal Election Board shail continue in session to hear and

determine ail issues arising in the contest of the election results. After hearing the

contest of the parties, a judgement shall be announced by the Tribal Council either

confirming or annulling and setting aside the election results which are being

contested.

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5. If in an election contest, it appears that there is valid cause shown for the contest,

the Tribal Council shall declare the election void ad call for a new election, under the

same procedures as set forth in this Ordinance.

e. Declaration of Election. When the contest period has expired without a contest

being filed, or when all contests have been resolved, the Tribal Council shall declare

the election valid and send a formal notice to the Bureau of Indian Affairs on the

election results and recognition of the elected members and officers of the Tribal

Council.

00-40-160 Lame Duck Officials

Notwithstanding that a Council member loses an election or chooses not to run for another term, the

council member shall continue to serve in his/her capacity, enjoying the powers and privileges thereof,

until the newly elected member is sworn into and formally takes office.

Chapter 00-50

Special Elections

00-50-10 Types of Special Elections

dl. Recall from office. Article V. Section 3 of the Tribal Constitution is governing authority for recall

elections of tribal council members. The right or procedure by which a tribal council member

may be removed from office before the end of his/her term of office by a vote of the eligible

voters of the tribe.

2. Tax Assessment. Article IV, Section 1 (h) of the Tribal Constitution is the authority governing

special elections on Tax Assessments to members. The right or procedure by which the eligible

voters can vote on any levy assessments or license fees being proposed by the Tribal Council to

be imposed on them.

3. Referendum. Article Vil of the Tribal Constitution is the authority governing special elections for

Referendums. The right or procedure by which the eligible voters can vote on any enumerated

powers lodged in the Tribal Council.

4. Adoption. Article II, Section | © and (d) of the Tribal Constitution are the authorities governing

special elections for Adoptions into the tribe. The right for procedure by which the eligible

voters can cote persons into membership by Adoption.

00-50-20 Initiation of Special Elections

il, Recall from Office. Upon receipt of a petition signed by one-third (1/3) of eligible legal voters

calling for the recall of any member of the Tribal Council, it shall be the duty of the Tribal Council

to certify the petition and to call a special election for that purpose. No member may be recalled

in any such election unless at least thirty percent (30%) of the eligible legal voters of the tribe

shall vote at such election.

a

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2. Tax assessment. If levy assessments or license fees are imposed on tribal members, the Tribal

Council shall call a Special Election ad authorize the Tribal Election Board to schedule and

process a special election as required. Such assessment or license fees upon members of the

tribe shall have the approval of the eligible voters of the tribe at a special election at which

thirty percent (30%) of the eligible voters shall vote at such election.

3. Referendum. Upon receipt of a petition signed by not less than twenty-five percent (25%) of the

total number of votes cast in the last annual election, the Tribal Council shall call a special

election and authorize the Tribal Election Board to schedule and process the election as

requited. Not less than thirty percent (30%) of the eligible voting population shall vote in any

such referendum.

4, Adoption for Membership.

a. Any person of one-half (1/2) or more Indian blood, married to a member of the Walker

River Paiute Tribe, may be adopted as a member of the Walker River Paiute Tribe upon

approval of his/her membership application by a majority vote in a Walker River tribal

election in which at least thirty percent (30%) of those eligible to vote at such election.

The Tribal Council shall call a special election and authorized the Tribal Election Board to

schedule and process the elections as required.

b. Any person of one-half (1/2) or more Indian blood legally adopted by a member of the

Walker River Paiute Tribe, may be adopted as a member of the Walker River Paiute Tribe

upon approval of his/her membership application by a majority vote in a Walker River

tribal election in which at least thirty percent (30%) of those eligible to vote at such

election. The Tribal Council shall call a special election and authorized the Tribal Election

Board to schedule and process the elections as required.

00-50-30 Time of Special Elections

Within twenty (20) days of the filing of a Petition for a Special Election, the Tribal Council shall

determine whether the threshold requirements for initiating a Special Election have been met. If the

requirements are met, a Certification shall be completed by the Tribal Council. The Tribal Council shall

then establish a date for the Special Election unless the next Regular Election is within the next one

hundred and twenty (120) days.

00-50-40 Cost of Special Elections

The Walker River Paiute Tribe shall pay all costs for conducting Special Election in accordance with this

Ordnance and the Tribal Constitution.

00-50-50 Petitions and Certification

1. Petitions for Recall and Referendum elections shail be filed by the filing agent with the Secretary

of the Tribal Council in the exact language and format that will be submitted to the legal

registered voters. Each name on a petition shall be verified as to enrollment with the Tribal

Enrollment Program. The signatures shall be verified by Tribal Election Board from the Voter

Registration form and returned to the Tribal Secretary. If the Tribal Election Board believes a

discrepancy exists as to any signature, it shall take all reasonable actions to contact the member

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in question to verify the signature. All petitions must be on the form approved by the Tribal

Councit.

Once the verification process is completed, the Secretary of the Tribal Council shall prepare a

report on the petition and verification process and present it to the Tribal Council with

recommendations. If the Tribal Council determines that the petition contains a proper number

of valid signatures as required by the Tribal Constitution, it shall approve certification of the

petition and call a date for the election. If the Tribal Council determines that the petition does

not meet these requirements, it shall declare the petition invalid. The decision of the Tribal

Council shall be final.

A person whose name/signature appears on a petition may request their name be removed

from the petition at any time prior to the close of business day the Tribal Council is to hear the

report on the petition. The Tribal Council shall make the decision on whether to remove the

name form the petition.

Each petition received by the Secretary of the Tribal Council shail be date stamped, and a filing

fee of $250.00 must be paid by the Filing Agent at the time of the filing. The petition shall

include: Description of Petition, Circulation Dates, Names and Signatures. No petition shall be

circulated for more than three months. Any petition in circulation over this time period shall be

declared void by the Tribal Council.

00-50-60 Calling of Special Election

The Walker River Paiute Tribal Council shall call all Special Elections in accordance with the

authorities as specified in the Tribal Constitution and Bylaws.

Notice shall be prepared and posted on the reservation at least thirty-five (35) days in advance

of all Special Elections giving the following information:

Purpose and requirements of the Special Election.

Date, time and place of the Special Election.

Method of casting batlots.

Where to obtain Absentee Ballots.

Date by which an Absentee Ballot must be received in order to be counted.

Legal Registered Voters List verification and dates of posting.

mpeaose

00-50-070 Eligibility of Voters and Posting

1.

An eligible voter is a member of the Walker River Paiute Tribe who will be at least eighteen {18}

years of age on election day and who is duly registered.

The Tribal Election Board is responsible for keeping an accurate and current official list of

eligible voters. The first posting of the voters list shall be at least thirty-five (35) days in advance

of a Special Election and the final posting shall be at least fifteen (15) days in advance of the

election.

45

00-50-080 Counting of the Ballots

1. The Tribal Election Board shall have tally sheets ready for the count. The ballot box shail be

opened, and all ballots counted in the presence of all Tribal Election Board members and the

monitoring official. The Tribal Election Board Chairman shall remove each ballot, read the choice

marked, and show the ballot to the Tribal Election Board to assure that the vote is correct. The

counted votes shall be marked in groups of five (5) and acknowledged when each reaches the

group total.

2. The Tribal Election Board shall not count any ballot that the Tribal Election Board determines is a

“spoiled ballot” and at least two Election Board members shall sign the spoiled baliot.

3. if a voter incorrectly marks his/her ballot and requests a “replacement ballot” then the Tribal

Election Board shall provide the voter with a replacement ballot, shall mark the voter's original

ballot as “VOID,” shall not count the original ballot, and at least two Election Board members

shall sign the original ballot.

4. When ail ballots have been tallied, the Tribal Election Board shall figure the total number of

votes cast. Each Tribal Election Board member shall certify his/her tally sheet. The Tribal Election

Board shall certify the election results.

00-50-90 Certification of Election Results

The Tribal Election Board shall type a Certification of the official election results and the number of votes

cast. The Certification shall be signed by the Tribal Election Board members and the Tribal Chairman, or

in his/her absence, the Vice Chairman, Secretary or a designee. A posting of the election results shall be

in two (2) prominent places on the Reservation as soon as the election results are determined.

00-50-100 Contest

1. Contest of Pre-Election Activities

a. Any eligible voter may contest the pre-election procedures for, misconduct on part of

the Tribal Election Board and the Legal Registered Voters List. The burden of proof shall

be on the contester.

b. The contest shall be in writing submitted to the Secretary of the Tribal Council setting

forth the name and address of the contester and the particular grounds of the contest.

The matter shal! be brought before the Tribal Election Board and the Tribal Council at a

special meeting.

c. Thereafter, a hearing of the contest shall be heard within five (5) days after the contest

was filed. The declaration of the contest shall be by the Tribal Council and shall be final.

2. Contest of Special Election Results

a. Any eligible voter of the Walker River Paiute Reservation may Contest the Election on

specific grounds of:

1. For misconduct on the part of the Tribal Election Board or a member thereof.

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2. That notices of Election, Voting List, Certifications were not posted as required

by this Ordinance.

3. Evidence that Ballots were illegally cast

b. Tribal Council and Tribal Election Board to Hear Contest. The contest shall be brought

before a special meeting of the Tribal Election Board and the Tribal Council.

c. Contents of Contest Statement. The voter contesting a Special Election shall within five

(5) days after completion of the canvass of the election and declaration of the results,

file a statement in writing with the Secretary or the Chairperson of the Tribal Council

setting forth:

1. The name and address of the party contesting the Election and that he/she is an

eligible voter of the Walker River Paiute Tribe; and

2. The particular grounds of the Contest.

d. Contest Procedures for Improper Tabulation of Ballots. If the election is being contested

because of tabulation of ballots, the contester may request that all ballots be inspected

in the presence of the Tribal Election Board, Tribal Council designee and his/herself,

e. Contest Hearing

1. A Special Meeting the Tribal Council and Tribal Election Board shall be held for

the sole purpose of hearing the contest, and deciding the issues raised on the

contest.

2. After hearing the contest, the Tribal Council shall issue a judgment within five

(5) days, either confirming of annulling or setting aside the election results

which are being contested.

3. if in an election contest, it appears that there is good cause shown for the

contest, the Tribal Council shall call for a new election under the same

procedure as set forth in this Ordinance.

f. Declaration of Election. When the contest period has expired without a contest being

filed, or when all contests have been resolved, the Tribal Council shall declare the

special election valid and send a formal notice to the Bureau of Indian Affairs on the

election results.

Chapter 00-60

Severability

00-60-10 Severability

Should any sections of this Ordinance be found unconstitutional or in violation of tribal or federal law by

any court of competent jurisdiction, such declaration shall not affect the remaining terms or sections of

this Ordinance.

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