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.
Signed_______________________________
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.
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.
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.
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.
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.
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.
1) Election CommissionerThe 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)
5) Watchman
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.
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. -
1) The question shall be limited to: Name, Address and Enrollment Number.
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.
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.
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.
PROVIDED: It shall be the duty of the Election Commission to determine the validity of all initiative petitions filed with the Election Commission.
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.
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.
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.
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.)
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.
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.
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.
| WHEREAS, |
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 |
| WHEREAS, |
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 |
| WHEREAS, |
the Election Commission has proposed revisions of the Election Ordinance which the Executive Committee has reviewed and also revised. |