TABLE OF CONTENTS
ARTICLE I - Purpose
ARTICLE II - Authority
ARTICLE III - Voter Registration
ARTICLE IV - Qualifications For Office
ARTICLE V - Elections
ARTICLE VI - Terms Of Office
ARTICLE VII - Ballots And Election Records
ARTICLE VIII - Polling Places
ARTICLE IX - Balloting and Voting
ARTICLE X - Canvass Of Election Returns
ARTICLE XI - Electioneering, Watchmen And Challengers
ARTICLE XII - Settling Of Election Disputes
ARTICLE XIII - Conflict Of Interest And Nepotism
ARTICLE XIV - Initiative Petitions
ARTICLE XV - Installation Of Elected Officers of the Absentee Shawnee Tribe
ARTICLE XVI - Recall of Officials
ARTICLE XVII - Duties Of The Election Commission Officials
ARTICLE I - PURPOSE
To provide for an ordinance, duly adopted by the General Council of the Absentee Shawnee Tribe, establishing regulations for Tribal Elections.
ARTICLE II - AUTHORITY
This Election Ordinance is authorized by the Constitution of the Absentee Shawnee Tribe, ratified June 4, 1977, ARTICLE VI, Section 3; OKLAHOMA INDIAN WELFARE ACT, Act of June 26, 1936, 49 STAT. 1967.
ARTICLE III - VOTER REGISTRATION
Eligible voters shall be those tribal members who are duly registered to vote pursuant to ARTICLE III, Section 2, of this Ordinance.
To be registered to vote, a person must:
A) Be an enrolled member of the Absentee Shawnee Tribe.
B) Be at least eighteen (18) years of age on the date of the election.
C) Sign a Registry Book provided for at the Polling Places specified in ARTICLE VIII, Section 1 of this Ordinance, or
D) Sign a Registry Book provided for at any duly called Regular or Special General Council Meeting.
E) A member of the election team shall verify the name against a current General Council Membership listing, and mark, check, highlight or otherwise VALIDATE the printed name on the listing.
F) An individual must show some means of identification WHEN CHALLENGED by a member of the election team or by an official challenger, as specified by ARTICLE XI, Sections 2, 4, and 5 of this Ordinance.
G) The registered voter shall then be given the necessary ballots, or admitted into the meeting, whichever the case may be.
H) The procedures in ITEM C through G are required for all elections and meetings.
A) The Records of Registry shall be the responsibility of the Secretary of the Election Commission.
B) The Election Commission shall, after each election and prior to Certification of the results, CROSS-CHECK the membership listings used at each Polling Place to determine if an individual has voted more than one time in the same election.
C) All election results shall be declared VOID when found that a person has registered at more than one Polling Place on the same day.
D) When an election has been declared VOID, another election shall be called within 30 days of the declaration.
E) Any person or persons voting more than one time in any election shall be prohibited from voting in tribal elections for a period of five (5) years from the date of the offense.
F) The Election Commission shall cause a misdemeanor complaint to be filed with an appropriate court against such violators.
G) All records of the Election Commission shall be kept in a safe and secure manner at the Tribal Complex of the Absentee Shawnee Tribe.
ARTICLE IV - QUALIFICATIONS FOR OFFICE
Prior to be declared a candidate for any Elective Office or being appointed to any office, the individual must meet the minimum qualifications pursuant to ARTICLE XIV of the Constitution. PROVIDED, the candidate pays the required filing fee for such Elective Office pursuant to ARTICLE IV, Section 2 of these regulations. PROVIDED, appointees filing unexpired terms of office are exempt from posting the filing fees.
A filing fee of TWENTY-FIVE DOLLARS ($25.00) shall be assessed to each candidate for any Elective Office, payable to the Election Commission of the Absentee Shawnee Tribe, by certified check, cashiers check, or money order. These fees shall be used for election expenses and shall be dispersed solely by the Election Commission.
Any person who wishes to announce their candidacy for an elective position for regular elections shall be required to make the announcement and post his or her filing fee at the April Annual General Council Meeting.
Special Election Candidacy Announcements shall be made by the candidate at least thirty (30) days prior to the Election Day. Such annoucements shall be made to the Election Commission and the filing fee shall be posted with said Commission.
All announcements mentioned in Section Three (3) and Section Four (4) shall be made in the following manner:
I ____________________ for the purpose of having my name placed on the Official Ballot as a candidate for __________________________ of the Absentee Shawnee Tribe hereby submit the required filing fee of ___________________ by ________________________ I, as candidate to this office do solemnly swear that I believe and support the principles and policies of the Absentee Shawnee Tribe, that I believe and support the traditions, and laws of this Tribe; that I do not advocate revolution, sabotage, force or violence or treason against the Government of the Absentee Shawnee Tribe or of the United States; that I will work deligently toward the goals and objectives of the Tribe and heretofore commit myself fully to the responsibilities of this position for the purpose of which it was established.
A candidate for elective office must file for only one (1) office.
Additional minimal qualifications for candidates for Elective Office may be imposed, PROVIDED, they are approved by Tribal Referendum.
In the event there is no candidate that has filed for an elective office at the April General Council Meeting, the vacancy shall be filled pursuant to ARTICLE VIII, Section 1 of the Absentee Shawnee Tribal Constitution.
ARTICLE V - ELECTIONS
Elections shall be held annually on the third (3rd) Saturday in the month of June for positions of the Executive Committee, Tribal Court, Appeals Court, and the Election Commission in accordance with ARTICLE IV, Section One (1), Two (2), and Three (3), and ARTICLE VI, Section Two (2) of the Absentee Shawnee Tribal Constitution.
Special Elections shall be conducted by the Election Commission pursuant to ARTICLES VI, VII, and IX of the Absentee Shawnee Tribal Constitution.
ARTICLE VI - TERMS OF OFFICE
The Terms of Office of the Executive Committee, Tribal Court, Appeals Court and the Election Commission shall be pursuant to ARTICLE IV and VI of the Absentee Shawnee Tribal Constitution.
Vacancies of any Elective Office shall be promptly filled by the REMAIN ING Members of the affected body by appointments pursuant to ARTICLE VIII of the Absentee Shawnee Tribal Constitution.
ARTICLE VII - BALLOTS AND ELECTION RECORDS
The Election Commission shall have the duty and responsibility to make up and update ballots and any other documents that may be necessary to conduct Tribal Elections. This shall include but NOT be limited to the order of offices on the ballot, the order of names on the ballot, and the posting of sample ballots.
Election Records shall be maintained by the Election Commission at all times. The results of official voting returns and other pertinent documents shall be stored as official documents of the Absentee Shawnee Tribe and shall be kept in a safe and secure manner.
Election Records shall be MAINTAINED by the Election Commission for a period of one (1) year after an election.
There shall be four (4) ballot boxes. Two (2) for Annual Elections and two (2) for all other elections or in case of a tie vote in the Annual Election.
A) The ballot box shall be double locked. During the election process, one (1) key shall be kept by the Election Commissioner and one (1) key shall be kept by a member of the Tribal Court or BIA who shall be designated by the Election Commission.
B) The ballot boxes shall remain locked at all times except when neces sary for the canvassing of ballots.
C) The ballot boxes shall at all times be kept in a safe and secure place.
D) The ballot boxes shall be MAINTAINED by the Election Commission and shall be moved only by a member of said Commission.
ARTICLE VIII - POLLING PLACES
The official polling places for all Tribal Elections shall be the Tribal Office in Shawnee, Oklahoma, and the Community Building on the Tribal Grounds in Little Axe, Oklahoma.
The polling places shall be open from 8:00 a.m. to 6:00 p.m. on the day of the Election. NOTICE of the Date of Election, the Voting Place and Hours of Voting shall be given to the Registered Voters by the Election Commission.
ARTICLE IX - BALLOTING AND VOTING
All votes cast in any Tribal Election shall be cast by Secret Ballot.
A voting booth shall be of the type that has a non-transparent curtain to insure privacy while marking the ballot. There shall be a minimum of two (2)
booths for each polling place in an election. The booth shall consist of a. shelf or counter top to mark ballots and a curtain long enough to insure privacy during voting, but short enough to insure that there is only one person in the voting booth at a time.
The registered voter shall use only the ballot given to him at the time of signing the roll book.
There shall be one person in a voting booth at a time.
A) A physically disabled person may have assistance in marking a ballot.
B) Visually disabled persons may have assistance in marking a ballot.
C) Non-reading and non-English speaking persons may have assistance in marking a ballot.
D) The person assisting the disabled shall swear that he or she shall not discuss the voter's casting of his or her ballot with any person. They will not influence the voter in casting a ballot. They will assist only in marking a ballot as the voter wishes.
The voter, after receiving an official ballot shall immediately enter an unoccupied booth. If all booths are occupied, the voter shall wait in an orderly line and enter the first unoccupied booth when his time in line comes to enter a booth.
Only ballots marked in a booth shall be put into the ballot box.
Ballots shall be marked in ink and in spaces provided on ballot.
After marking of the ballot the voter shall remove the ballot number from the corner of ballot. At this time the voter shall fold the ballot and physically put the ballot into slot in ballot box.
If for any reason a ballot becomes spoiled, the voter shall return all ballots in his possession to the issuing clerk where they will be destroyed in the presence of the voter and a new set will be issued. The roll book will be noted that a spoiled ballot has occurred and a new ballot has been issued.
At the closing of the polls, all persons in line at the closing hour shall be given an opportunity to cast a ballot. NO others will be allowed to join the line past the closing hour.
Absentee Ballots shall be made available to all registered voters for all Tribal Elections.
A) Registered voters who will be unable to appear at the polls on Election Day, shall be required to notify the Election Commission twenty (20) days prior to the day of Elections in order to be officially designated and allowed to vote by Absentee Ballot.
B) A registered voter who will be unable to appear at the polling places on Election Day, shall be entitled to vote by Absentee Ballot, provided the voter lives outside of the counties listed in ARTICLE XIV, Section (D), of the Constitution of the Absentee Shawnee Tribe. Except that persons living within these counties may vote by Absentee
Ballot in case of an emergency as determined by the Election Commission within five (5) days of an election.
Absentee Ballots shall be received by the Election Commission Secretary at least twenty-four (24) hours prior to the opening of the polls on Election Day and officially stamped as such. Absentee Ballots not received by the Election Commission prior to 5:00 p.m. on Election Day, shall be declared invalid and shall not be used.
All Absentee Ballot Applications shall be subject to the approval of the Election Commission. Such applications shall be requested within twenty (20) days after receipt of the Election Notice and may be in any manner prescribed by the Commission.
The Election Commission shall maintain a record of all Absentee Ballot applications, together with names and addresses of all persons to whom Absentee Ballots are mailed or delivered. All applications, ballots, and pertinent forms and records shall be clearly stamped "Absentee Ballot Record."
The registered voter must make a request to the Election Commission in writing that he or she cannot physically be present to cast a ballot at the specified time of election.
A request for an Absentee Ballot must be made at least twenty (20) calendar days prior to the election in which he or she wishes to cast an Absentee Ballot.
Materials and information to accompany the Absentee Ballot:
A) One (1) plain unmarked opaque envelope in which the Absentee Ballot is to be placed by the voter.
B) One (1) stamped envelope addressed to the Absentee Shawnee Election Commission. The outside of which shall be marked "Absentee Ballot".
C) An affidavit stating that he or she is an eligible voter, his or her enrollment number, that he or she has personally marked his ballot in ink and he or she has not shown his marked ballot to anyone.
D) An information sheet on the procedures of the return of the Absentee Ballot to the Election Commission.
Methods for marking and returning the Absentee Ballot:
A) The ballot must be marked in ink.
B) The marked ballot must be placed in a plain unmarked opaque envelope and sealed.
C) The Affidavit must be filled out.
D) Both the plain unmarked envelope containing the ballot and the Affidavit are to be placed in the return addressed and stamped envelope for return to the Election Commission.
ARTICLE X - CANVASS OF ELECTION RETURNS
Immediately after the polls are closed all Ballots shall be returned to the Tribal Office in Shawnee, Oklahoma where the counting of the Ballots shall commense. The official counters shall be the Election Commissioner, a member of the Tribal Court or BIA. PROVIDED, there is no conflict of interest. The Election Secretary shall be the official recorder of the counting process. The Election Commission shall be responsible to determine conflict of interest situations and, if so determined, the Commission shall have the duty and authority to correct the situation by replacing the counter(s) affected.
Opening of the Ballot Box:
A) Removal of ballots from last election, at which time the old ballots will be destroyed, prior to the inserting of new ballots into the ballot box on Election Day.
B) For removal of ballots for the purpose of counting on day of Election.
C) Any other opening of ballot box must be witnessed by Election Commis sion and one (1) member from the Tribal Court or BIA designated by the Election Commission.
Procedures for Counting of Ballots:
At the time of poll closing and the last ballot has been cast the ballot box shall be shaken in a manner to thoroughly mix ballots. The ballot box will be taken to a private room. There shall be present at the counting:
1) Election Commissioner
The Ballot Box will be.unlocked by Commissioner of Elections and the designated member of the Tribal Court or BIA holding a key. There shall be no candidate for election among those counting votes or in the counting room. As each ballot is pulled from the ballot box, both readers will simultaneously read the ballot and announce the vote to the tally counters, who will mark their tally sheets. As the last ballot is tallied the ballot box will be shown to all that it is empty and all legal votes have been tallied. The tally sheet will be compared and if discrepancies appear the votes will be retabulated. When tally sheets are identical and correct in count each tally sheet will be signed by the Counters, Commissioner, and Tribal Court Member or BIA Representative. Marked ballots and tally sheets will be relocked in the ballot box and kept in a safe place until the next election or if there is a challenge of the voting or counting procedure.
2) Member of Tribal Court or BIA
3) Readers of Ballots
4) Counters of Votes (to run separate tallies)
Reason for Failure to Count Ballot:
At ballot counting, the Election Commission shall act as umpire in determining if a ballot is mutilated. A mutilated ballot must be one of the following:
A) If more than the specified number of marks appear on a ballot in any category.
B) Or any human made marks that may distinguish a ballot from others.
C) If a signature or name appears on ballots.
D) The disqualified ballot will be signed by the Commissioner and reason for disqualification.
Method of Handling Absentee Ballot:
Upon the return of an Absentee Ballot, an Election Commission Officer or Election Commission Member will place the entire, unopened, returned envelope in the locked ballot box which will be located in a safe and secure place.
The opening of envelopes containing the Absentee Ballot and the reading of the Affidavit and the placing of the Ballot in the Ballot Box:
On the morning of the Election, prior to the opening of the polls and in the presence of at least three (3) members of the Election Commission, one of which must be the Election Commission Secretary in order for the Secretary to assume possession of the Affidavits, and in the presence of any persons wishing to view the opening of the outer envelopes; the Election Commissioner will open the outer envelope, read the Affidavits in a loud and clear voice and place the plain, unmarked opaque envelope containing the Absentee Ballot into the locked ballot box. After all envelopes containing the Absentee Ballots have been placed in the ballot box, the ballot box shall be shaken in a manner to thoroughly mix all the envelopes; PROVIDED, the Affidavits shall not be read if there are less than three (3) Absentee Ballots.
ARTICLE XI - ELECTIONEERING, WATCHMEN AND CHALLENGERS
A) The Tribal Grounds are neutral grounds and there shall be no campaigning or electioneering on the Tribal Grounds on Election Day byany person. It shall be the duty of the Election Commissioner to appoint a Security Officer who shall be responsible in maintaining order and prevent electioneering about the Tribal Grounds during the election process.
A) A Watchman may be appointed by a candidate for Tribal Office and may be present while ballots are being counted.
1) The Watchman's duties shall be limited to observing the official ballot count and the Watchman shall have no other authority than written objection to said ballot count.
2) The Watchman shall be identified by a badge, armband or other appropriate identification to be issued by the Election Commission.
3) A letter of authorization from a candidate for a Watchman is to be filed with the Election Commissions Secretary within one (1) day and no later than 5 o'clock on the day prior to the Election. -
Any candidate shall have the authority to appoint one (1) challenger for each polling place.
The Challenger must be a registered voter and must be clearly identified by a badge, armband or other appropriate identification to be issued by the Election Commission.
The Challenger shall be entitled to question any person who presents himself to vote at the polling place.
1) The question shall be limited to: Name, Address and Enrollment Number.
ARTICLE XII - SETTLING OF ELECTION DISPUTES
In the event that any registered voter or candidate for Tribal Office wishes to contest any election results, the registered voter or candidate must notify the Election Commissioner, in writing within five (5) days; excluding Sundays and Holidays, of the notification of the Election results.
A) The notification in writing to the Election Commissioner must include the following: The contestants name, address and enrollment number; which election the contestant wishes to contest; the contestant must state, with specificity, the reasons why he or she wishes to contest the election; and that the contestant desires the Election Commission to recount the ballots.
B) The notification to the Election Commissioner must be accompanied with a certified check, cashiers check or money order in the amount of ONE HUNDRED AND FIFTY DOLLARS ($150.00) made payable to the Election Commission of the Absentee Shawnee Tribe of Indians. The purpose of this filing fee is to recoup the expenses of a recount in the event that the Election contest is held to be invalid. PROVIDED, in the event that the election contest is held to be valid, the contestant's protest is upheld by the Election Commission or by the Tribal Courts, the filing fee shall be returned in full, to the person filing the Election protest.
C) In the event of an Election Protest, the Election Commission shall, within five (5) days, excluding Sundays and Holidays, recount those ballots of the election protested, in the same manner as the original election.
1) All those persons present at the original ballot count shall be permitted to attend the recount PROVIDED: The person or persons filing the protest shall also be permitted to sit in attendance at the recount of the ballots.
The Election Commissioner's Decision as to the Recount:
A) The Election Commissioner after the recount shall announce to the parties his decision as to whether the original election count will stand and the protest will be held invalid or whether the original election count shall not stand and the election protest will be held valid.
In the event that any person who is party to an election dispute or contest and that person is not satisfied with the Election Commissioner's decision, then that party may appeal the Election Commissioner's decision to the Tribal Court under such rules and regulations as the judicial branch may prescribe.
Nothing in this Article shall preclude a party from having the right to have counsel to represent him in any administrative hearing or Tribal Court- PROVIDED, the party shall have counsel represent him or her at his or her own expense.
ARTICLE XIII - CONFLICT OF INTEREST AND NEPOTISM
Conflict of interest and/or nepotism shall never be allowed to exist in the election of Tribal Officials or for purposes of conducting elections; the Election Commission shall be responsible to prevent officials or candidates to use their positions for a purpose that is, or give the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties.
Any person holding elective office in the Absentee Shawnee Tribe shall have the responsibility to disqualify themselves in the event of a conflict of interest.
A conflict of interest shall include but not be limited to adjudicating or deciding any matter which would affect the office holder's ability to decide a matter without bias or deciding any matter which affect any person's immediate family, personal or business interest.
Nepotism shall be prohibited by this ordinance. Nepotismshall include but not be limited to two (2) persons from the same immediate family holding positions on the same commission, committee, or council; nor shall two (2) persons from the same immediate family be members of the tribal judiciary; nor shall any two members of an immediate family be a candidate for the same elective office.
A person's immediate family shall be defined to mean: husband, wife, son, daughter, father, mother, brother, sister, or any other legal dependent.
ARTICLE XIV - INITIATIVE PETITIONS
Any member of the Absentee Shawnee Tribe who is an eligible voter has the right to initiate a referendum petition in order to decide issues of major importance or to enact legislation that will be binding on the Executive Committee and the Tribe:
PROVIDED: That at least twenty percent (20%) of the eligible voters shall sign the petition.
PROVIDED: That the eligible voter shall initiate such petition at his or her own expense.
The eligible voter shall file his or her petition with the Election Commission. Upon receipt of a valid petition, it shall be the duty of the Election Commissioner to call and conduct such initiative election within sixty (60) days, presenting to the registered voters for their determination such issues or questions which are set forth in the petition. The decision of the majority of those voting shall be binding on the Tribe;
PROVIDED: It shall be the duty of the Election Commission to determine the validity of all initiative petitions filed with the Election Commission.
If the Election Commission fails to act in favor of the person submitting the petition, the petitioner may, within five (5) days, excluding Sundays and holidays, file for a hearing in Tribal Court with the Tribal Court Clerk who shall set a time, date and place for a hearing under such rules and regula tions as the judicial branch may prescribe.
The petitioner shall state on the face of the petition and on each page of the petition, specific reasons as to why he or she is filing a- petition.
Secret balloting and absentee balloting shall be provided in Tribal Referendum Elections pursuant to this Election Ordinance.
ARTICLE XV - INSTALLATION OF ELECTED OFFICERS OF- THE ABSENTEE SHAWNEE TRIBE
The installation of the newly elected officers of the Absentee Shawnee Tribe shall be the responsibility of the Election Commission.
The installation of the elected officers of the Absentee Shawnee Tribe shall be within ten (10) days following the certification of the election results at a time and place designated by the Election Commission.
The Election Commissioner shall administer the Oath of Office to the elected officers.
The Oath of Office shall be as follows:
OATH OF OFFICE
I, ___________________, do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the Absentee Shawnee Tribe of Indians of Oklahoma, and will discharge the duties of my office with fidelity; that I have not paid, or contributed either directly or indirectly, any money or other valuable thing, to procure my appointment, except for necessary and proper expenses expressly authorized by law; that I have not, knowingly, received directly or indirectly, any money or other valuable thing, for the performance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law.
ARTICLE XVI - RECALL OF OFFICIALS
This Article shall be effective upon all Elected Tribal Officials and shall be in compliance with ARTICLE VI, Section 7, (d) and ARTICLE VII, Section 1, 2, and 3, of the Tribal Constitution. Request for interpretations of the aforementioned Articles shall be by Judicial Review of the Tribal Court.
A Recall Petition, as described in ARTICLE VII, Section 2 of the Constitution, shall be hand-delivered to the Election Commission Secretary, who will, in the presence of the spokesperson, counter sign and date the Petition as evidence of the Receipt of said Petition. The Election Commission Secretary shall inform the Election Commissioner, within twenty-four (24) hours, of the Receipt of a Recall Petition, excluding Sundays and holidays.
Upon Receipt of a Recall Petition and TWO HUNDRED AND FIFTY DOLLARS ($250.00) in cash, cashier check or security bond, as described in ARTICLE VII, Section 2, the Election Commission Chairman shall notify each member of the Election Commission, within forty-eight (48) hours, that a Recall Petition has been filed and shall call a special meeting within five (5) days, excluding Sundays, holidays, and weekends, to determine the validity of said Petition. The Election Commission Chairman shall notify the Governor, in like manner, that a Recall Petition has been filed and inform the Governor fully as to details of said Petition.
A Recall Petition shall be declared as valid by the Election Commission when the following conditions are met:
A) The Petition must be signed by at least twenty percent (20%) of the Eligible Voters as verified from signatures from the Official Voter Eligibility List maintained by the Election Commission. Deceased tribal member signatures appearing on said Petition, where determining exactly twenty percent (20%) of the amount required, shall be cause for voiding said Petition.
B) The Recall Petition shall include a complete and exact clarification of reasons, charges, or intentions at the beginning of each sheet of said Petition and shall designate the name of one Registered Voting Member of the Tribe to act as spokesman empowered to clarify said Petition. Failure to comply with this requirement shall be cause for voiding said Petition.
C) The Recall Petition shall contain the name of the Elected Tribal Official and his office, under consideration for Recall, on each sheet of the Petition. Only one (1) member of an elected body, under recall, shall be considered for Recall, however; one (1) member from each elected body may be under consideration for Recall, as described in ARTICLE VII, Section 2, of the Tribal Constitution.
D) In the event the Recall Petition is declared invalid, the same Petition may be resubmitted to the Election Commission within thirty (30) days for validation. If a Petition is declared invalid a second time, the Petition shall not be resubmitted.
The Election Commissioner, upon acceptance of a valid Recall Petition, shall, within twenty-four (24) hours, notify the Clerk of the Court, in writing, that said Petition has been filed with the Election Commission and a copy of said Petition will be sent to the Clerk of the Court.
A) The Elected Tribal Official shall be notified of the charges against him and shall have the right to counsel.
B) The hearing of the Petition shall be in accordance with the Judicial Ordinance.
ARTICLE XVII - DUTIES OF THE ELECTION COMMISSION OFFICIALS
The Election Commission is empowered to receive and dispurse the established reasonable fees which shall be required of all those who filed as candidates for elective office in accordance with ARTICLE VI, Section 4, of the Constitution of the Absentee Shawnee Tribe.
A) The purpose of such fees is to defray any and all expenses as may be necessary in conducting an election; further, the Election Commission shall be responsible for using such fees to pay for the costs of such election.
B) Expenses which cannot be paid totally from filing fees shall be paid from tribal funds appropriated and budgeted by the Executive Committee.
The Election Commission shall adopt a procedure for the safe handling of all funds by a Treasurer. The Commission shall elect from its membership a Treasurer who shall be bonded in the same manner provided for the Treasurer in ARTICLE XIII, Section 4, of the Constitution of the Absentee Shawnee Tribe.
The Commission shall have an annual audit of its finances conducted and present a copy of such audit report to the General Council at the October Semi-Annual Meeting. Copies of such audit report shall be provided to the Executive Committee and, upon request, to any tribal member.
The members of the Election Commission shall disqualify themselves and withdraw from any and all functions of their positions during any election or process in which a conflict of interest exists. Such members shall resume their duties only when there is no longer a conflict of interest.
A) The Election Commission shall have the authority, by majority vote, to disqualify any of its members in the event they continue to function in a conflict of interest situation.
B) Whatever constitutes a conflict of interest shall be set forth in this Election Ordinance. (See ARTICLE XIII, Section 1 and 2 of this Election Ordinance.)
The Election Commission is empowered to appoint a minimum of two (2) alternates who shall attend all meetings of the Commission and be able to function as regular members as the need arises during conflict of interest situations or other absences.
A) The Alternate Election Commission Members shall have no power, authority or vote unless they are sitting as an alternate in the place of an elected member in the case of a conflict of interest situation or a regular member's absence.
The Election Commission Members and the Election Commission Alternates are required to attend any and all Commission Meetings as may be regularly scheduled, required or called by the Election Commissioner, except by reason of illness, disability or is otherwise incapacitated. In the event that any member fails to comply with this Section, the Election Commission may take appropriate measures, including, but not limited to, removal from office.
The Election Commission shall have the duty and power to determine the eligibility of prospective candidates for tribal political office and shall provide any and all prospective candidates with a proper form with which they may file, with the Secretary of the Election Commission, in order to be a candidate for political office.
PROVIDED: Additional minimum qualifications for prospective candidates may be imposed by Tribal Referendum.
In the event that the Election Commission finds that a prospective candidate does not meet the minimum qualifications imposed by law, the prospective candidate will not be allowed to become a candidate nor will he or she be allowed to run for political office until such time as he or she can
meet those minimum qualifications.
A) A person shall be removed from office, after having been elected by the voters, if it is determined after an election, that he or she does not or did not meet the minimum qualifications.
A) The Tribal Elections are to be conducted by the Election Commission in accordance with this Election Ordinance.
The duties of the Election Commission shall be as follows:
A) It shall be the duty of the Election Commission Members and the Election Commission Alternates sitting as Election Commission Members to register Tribal Members as voters at the duly appointed time, place and date.
B) In addition to the above mentioned, the duties of the Election Commissioner shall be as follows:
1) Call all regularly scheduled meetings of the Commission and all meetings of the Commission as may be necessary to the proper conduct of the Commission's business;
C) In addition to the duties enumerated in Sections One (1) through Eight (8) of this Article, the duties of the Deputy Election Commissioner shall be as follows:
2) Preside over all Commission Meetings, except in case of absence for good cause;
3) Install elected tribal officers and administer the Oath of Office;
4) And perform all other duties as may be necessary and required by this Election Ordinance, the Constitution or by the nature of the office of Election Commissioner.
1) Assume all duties of the Election Commissioner in case of his or her absence or inability to perform their own duties;
D) In addition to the duties enumerated in Section One (1) through Eight (8) of this Article, the duties of the Election Commission Secretary shall be as follows:
2) And perform all other duties as may be necessary and required by this Election Ordinance, the Constitution or by the nature of the office of Deputy Election Commissioner.
1) Preside over all Commission Meetings in case of the absence of the Deputy Election Commissioner;
E) In addition to the duties enumerated in Sections One (1) through Eight (8) of this Article, the members and alternates of the Election Commission will be required to perform any and all other duties and functions as they may be appointed to or volunteer for or as may be required by the nature of holding office on the Election Commission.
2) When sitting as the presiding officer, the Secretary shall appoint alternates sufficient in number to maintain a full complement of Commission Members;
3) When sitting as the presiding officer, the Secretary shall appoint a member to assume the Secretary's duties while the Secretary is sitting as a presiding officer;
4) The Secretary and his or her designate shall take minutes of all Commission Meetings and make available these minutes to the Commission, the Executive Committee and any other interested Tribal Member;
5) And perform -any and all other duties as may be required by. this Ordinance, the Tribal Constitution or by nature of the office of the Election Commission Secretary.
The Election Commission shall establish procedures in which meetings shall be held and in which public votes of the Commission Members shall be cast in any situation requiring a vote of the Commission. These procedures shall be written and be made available at all meetings of the Commission and to any Tribal Member upon request.
The Election Commission shall have the duty to obey all of the Articles in the Ordinance and any other laws and regulations as may be prescribed.
RESOLUTION NO. AS-86-53
ABSENTEE SHAWNEE TRIBE OF OKLAHOMA
REGULAR EXECUTIVE COMMITTEE MEETING
MAY 21, 1986
A RESOLUTION DULY ADOPTED BY THE EXECUTIVE COMMITTEE OF THE ABSENTEE SHAWNEE TRIBE OF OKLAHOMA APPROVING THE REVISION OF
THE ELECTION ORDINANCE OF THE ABSENTEE SHAWNEE TRIBE OF OKLAHOMA.
the Absentee Shawnee Tribe of Oklahoma is a federally recognized Indian Tribe organized pursuant to the Oklahoma Indian Welfare Act, 25 U.S.C. §§501, et. seq., and has substantial powers of self-government, and
the General Council of the Absentee Shawnee Tribe of Oklahoma, pursuant to its Constitutional authority, has delegated to the Executive Committee the authority to enact Ordinances providing for the health, safety, and welfare of the Tribe and persons coming within the Tribal jurisdiction, which action has been confirmed by a referendum vote of the people, and
the Election Commission has proposed revisions of the Election Ordinance which the Executive Committee has reviewed and also revised.
NOW THEREFORE BE IT RESOLVED, that the Executive Commi.ttee of the Absentee Shawnee Tribe hereby approves the revision of the Election Ordinance of the Absentee Shawnee Tribe of Indians of Oklahoma.
C E R T I F I C A T I O N
We, Dan Little Axe, Governor, and Lillie Darlene Perryman, Secretary, of the Absentee Shawnee Tribe of Oklahoma, do hereby certify that this Resolution No. AS-86-53 to be a true and exact copy as approved by the Executive Committee of the Absentee Shawnee Tribe in a Regular Executive Committee Meeting held on May 21, 1986, there being a quorum present, by a vote of 3 in favor and 0 opposed.
DAN LITTLE AXE, Governor LILLIE DARLENE PERRYMAN, Secretary