WHITE MOUNTAIN APACHE TRIBE
ELECTION CODE
WHITE MOUNTAIN APACHE TRIBE
ELECTION CODE
TABLE OF CONTENTS
CHAPTER ONE
GENERAL PROVISIONS AND DEFINITIONS
Section 1.1 Purpose
Section 1.2 Severability
Section 1.3 Definitions
CHAPTER TWO
SUPERVISORY BODIES
Section 2.1 Tribal Election Commission
Section 2.2 Tribal Election Precinct Committees
CHAPTER THREE
QUALIFICATION AND REGISTRATION OF VOTERS
Section 3.1 Eligibility Criteria and
Conditions
Section 3.2 Voter Registration
Section 3.3 Eligible Voters Lists
CHAPTER FOUR
QUALIFICATION AND NOMINATION OF CANDIDATES
Section 4.1 Qualifications for Chairman
Section 4.2 Qualifications for Vice Chairman
Section 4.3 Qualifications for Tribal Council Member
Section 4.4 Exclusive Procedure for Nomination
Section 4.5 Nomination of Chairman and Vice-Chairman
Section 4.6 Nomination of Council Member Candidates
Section 4.7 Signing of Nomination Petition
Section 4.8 Certification of Candidates
Section 4.9 Preparation of Ballots
CHAPTER FIVE
CONDUCT OF ELECTIONS
Section 5.1 Election Dates
Section 5.2 Election Procedures
Section 5.3 Absentee Voting
Section 5.4 Count and Return of Votes
Section 5.5 Recounts; Automatic and Requested
Section 5.6 Primary Election Results
CHAPTER SIX
CHALLENGES TO ELECTION RESULTS
Section 6.1 Who May Challenge an Election Result
Section 6.2 Grounds for Challenges
Section 6.3 Procedure for Challenges
CHAPTER SEVEN
REFERENDUM ELECTIONS
Section 7.1 Exemption from Referendum
Section 7.2 Form of Petitions
Section 7.3 Circulation of Petitions and Signatures
Section 7.4 Signatures and Verification
Section 7.5 Procedure for Withdrawing Signatures
Section 7.6 Prohibition on Circulating of Petitions by Members of the Tribal Election Commission
Section 7.7 Prohibition on Signing Petition for Profit
Section 7.8 Unlawful Acts; Violations; Penalty
Section 7.9 Coercion or Intimidation with Respect to Petitions and Referendum Elections
Section 7.10 Filing of Petition and Election
Section 7.11 Verification of Eligible Voters
Section 7.12 Disposition of Petitions by Board
Section 7.13 Form of Ballot
Section 7.14 Counting and Canvassing Votes; Tribal Chairman's Proclamation
Section 7.15 Destroying, Suppressing or Filing False Referendum Petition; Classification
Section 7.16 Defeat of Referred Matter
Section 7.17 Referendum Procedures Superseded
Section 7.18 Chapter Three of Government Code Repealed
APPENDICES
Appendix A-1 Affidavit of Qualifications for Tribal Chairman
Appendix A-2 Affidavit of Qualifications for Tribal Council
Appendix B-1 Nomination Petition for Chairman
Appendix B-2 Nomination Petition for Vice-Chairman
Appendix B-3 Nomination Petition for Councilmember
Appendix C Election Commission Complaint Form
Appendix D Application for Referendum Petition Number
Appendix E Petition for Referendum
CHAPTER ONE
GENERAL PROVISIONS AND DEFINITIONS
SECTION 1.1 PURPOSE
This Code is enacted pursuant to Article VI, Section 8 of the Constitution of the White Mountain Apache Tribe to govern the conduct of all White Mountain Apache Tribe elections, including elections for Tribal Council Chairman, Vice-Chairman and Council Members.
SECTION 1.2 SEVERABILITY
If any provision of this Code, or the application thereof, is held invalid, the remainder of this Code, or other applications of such provision shall not be affected.
SECTION 1.3 DEFINITIONS
In this Code, unless the context otherwise requires:
A. "CONSTITUTION" means the Constitution of the White Mountain Apache Tribe.
B. "COUNCIL" means the Tribal Council of the White Mountain Apache Tribe.
C. "COUNCIL MEMBER" means any member of the Tribal Council and, except where the context indicates otherwise, includes the Tribal Council Chairman and Vice-Chairman.
D. "DEPOSE" means to make a statement or statements which are written down and sworn to.
E. "ELECTIONEER" means to work for a political candidate or ballot issue with the intent to solicit votes or other support for the candidate or ballot issue.
F. "ELIGIBLE VOTER" means any enrolled member of the White Mountain Apache Tribe, eighteen (18) years of age or older, who is on the Eligible Voters List. The term "eligible voter" has the same meaning as "eligible voter," "qualified voter," "registered voter," and "those entitled to vote" as those terms are used in the Constitution.
G. "ELIGIBLE VOTERS LIST" means the list of Eligible Voters.
H. "IMMEDIATE FAMILY" means spouse, son, daughter, mother, father, sister, or brother, and includes those of the foregoing who are formally adopted by court order.
I. "KNOWINGLY", in reference to a violation of this Election Code, means consciously and intentionally; however, it does not require any knowledge of the unlawfulness of the act or admission.
J. "MEMBER" or "ENROLLED MEMBER" means an enrolled member of the White Mountain Apache Tribe.
K. "MONTH" means a calendar month unless otherwise expressed.
L. "NOMINATION PETITION" means the petition to nominate a candidate for the office of Chairman, Vice-Chairman, or Council Member of a District.
M. "OATH" includes affirmation or declaration.
N. "PERSON" includes a corporation, company, partnership, firm, association or society, as well as a natural person. When the word "person" is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, the State of Arizona, the White Mountain Apache Tribe, which may lawfully own any property, or a public or private corporation, or partnership or association. When the word "person" is used to designate the violator or offender of any law, it includes a corporation, partnership or any association of persons.
O. "POLL WATCHER" or "WATCHER" means a person designated by a candidate to observe the election process on the day of the election.
P. "PRECINCT" means the polling place where an eligible voter will be permitted to vote, as established by the Tribal Constitution, and as may be established by the Tribal Council by resolution for each district.
Q. "PRECINCT COMMITTEE" means that Election Precinct Committee appointed by the Election Commission.
R. "PRIMARY ELECTION" means that election held on the first Wednesday of February of a regular or general election year, to determine the run off candidates for the regular/general election held on the first Wednesday of April of each such election year.
S. "REGISTERED MAIL" includes certified mail.
T. "REGISTRAR" means the Tribal Council Secretary and those persons authorized by the Tribal Council Secretary to register enrolled members 18 years of age or older for tribal elections.
U. "REGISTRATION PERIOD" means the period when enrolled members 18 years of age or older may become registered on the Eligible Voters List.
V. "REGULAR ELECTIONS" means those elections required by Article VI, Section One of the Tribal Constitution, to be held every two years on the first Wednesday in April for Council Members, and every four years for Chairman and Vice-Chairman, on the same day noted herein for Council Members. The term "General Election" may be used interchangeably with the term "Regular Election" for purposes of carrying out this Election Code.
W. "RESERVATION" means the Fort Apache Indian Reservation of the White Mountain Apache Tribe.
X. "RESIDE" means to have a residence.
Y. "RESIDENCE" means a person's place of abode where the person intends to remain for an undetermined period, having no present intention of removal from that place and to which, when he or she is absent, he or she intends to return.
Z. "RESIDENT" means any tribal member who lives in a residence within the Fort Apache Indian Reservation. For the limited purposes of registering to vote, voting, and signing nomination petitions, a person does not lose his or her resident status solely by his or her absence from the Reservation. Such absence, however, would render the person ineligible to become a candidate for elected office, until the person returns to and lives in a residence within the Reservation.
Aa. "RESIDENT ELIGIBLE VOTER" means an Eligible Voter who is registered to vote in a District. When used in reference to the election or nomination of the Tribal Council Chairman or Vice-Chairman, the term means an eligible voter residing anywhere within the Reservation.
Bb. "SEAL" as used in reference to a paper issuing from a court or a public office to which the seal of such court or office is required to be affixed, means the impression on such paper, as well as the impression of the seal affixed thereto by means of a wafer or wax.
Cc. "SIGNATURE" includes a mark, made by a person who cannot write, with his or her name written near it, and witnessed by a person who writes his or her own name as witness.
Dd. "TRIBAL ELECTION" means elections of the White Mountain Apache Tribe, including general and primary elections and referendum elections. The term does not include any federal election, including a Secretarial election called to amend the Constitution, nor does it include any state or county election, or other election not provided for in the Constitution.
Ee. "TRIBAL ELECTION COMMISSION" or "ELECTION COMMISSION" or "COMMISSION" means the nine member Commission appointed by the Tribal Council to administer all elections of the White Mountain Apache Tribe.
Ff. "TRIBE" means the federally recognized White Mountain Apache Tribe of the Fort Apache Indian Reservation.
Gg. "VOTER CENSUS NUMBER" means the number on record with the Tribal Council Secretary's Office which has been assigned to an Eligible Voter and which appears as such on an Eligible Voter's registration card.
Hh. "VOTING DISTRICT" or "DISTRICT" means those voting districts established pursuant to Article III, Section 2 of the Constitution of the White Mountain Apache Tribe.
CHAPTER TWO
SUPERVISORY BODIES
SECTION 2.1 TRIBAL ELECTION COMMISSION
A. Composition. The Tribal Election Commission shall be composed of nine (9) members, appointed by the Tribal Council, who shall be responsible for administering all elections of the White Mountain Apache Tribe. The Commission shall serve from the day of appointment until six (6) months following the general election or for such term as designated by the Council. The Commission shall elect from its own membership a chairman and other officers as deemed necessary. No elected official of the White Mountain Apache Tribe shall serve on the Commission. No candidate for office or person who is a member of the candidate's immediate family shall serve on the Commission.
B. Authority and Responsibility.
The Commission shall have the authority to:
(1) Promulgate rules and regulations, with Tribal Council approval, not inconsistent with this Code, concerning any matter within its jurisdiction. After approval by the Tribal Council, such regulations shall have the force and effect of law of the White Mountain Apache Tribe.
(2) Review the qualifications and disqualify any candidate who does not meet the qualifications established by the Constitution for the office sought.
(3) Maintain a list of eligible voters of the Tribe for conducting all tribal elections, for referendum measures and the resolution of election disputes.
(4) Appoint and supervise Precinct Committee members and provide them with proper instructions for performing their duties.
(5) Prepare and be responsible for the safekeeping of the official ballot or ballots.
(6) Enforce this Election Code and rules and regulations promulgated pursuant thereto.
SECTION 2.2 TRIBAL ELECTION PRECINCT COMMITTEES
A. Composition.
Election Precinct Committees shall be appointed by the Commission. Each Election Precinct Committee shall consist of a Judge, one or more Marshals, two or more Clerks as determined necessary by the Commission, and alternates as necessary. No elected official of the White Mountain Apache Tribe, candidate for elected office, or immediate family member of an elected official or candidate shall serve on an Election Precinct Committee.
B. Authority and Responsibility.
The Election Precinct Committees shall conduct elections at the voting places in each voting district and shall be empowered to carry out and enforce all rules and regulations promulgated and delegated by the Commission, pursuant to Section 2.1, for the orderly and fair conduct of all elections.
CHAPTER THREE
QUALIFICATION AND REGISTRATION OF VOTERS
SECTION 3.1 ELIGIBILITY CRITERIA AND CONDITIONS
A. Any eligible voter shall be permitted to vote in Tribal Elections.
B. An eligible voter may vote for a Tribal Council candidate only in the District in which the voter is registered to vote.
SECTION 3.2 VOTER REGISTRATION
A. The Election Commission shall maintain a permanent roll of eligible voters, and shall open such roll for registration of enrolled members eighteen (18) years of age or older during all business hours, beginning the day after each Tribal election and continuing until 30 days prior to the date of the next election.
B. While the roll is open any person, upon proving to the Election Commission, or any designated registrar, that he or she is an enrolled member eighteen (18) years of age or older, shall be permitted to register, provided that such person may register to vote only in the district of his or her residence. A person may register only in the district in which he or she has been a resident for at least 120 days prior to registration. In the event that a person's residence cannot be determined based on the criteria in this Code, the person shall be registered in the district where the seat of tribal government is located. The Election Commission or Registrar has the authority to preregister those persons whose eighteenth (18th) birthday occurs between the close of registration and the day of the election.
C. The Commission or designated registrar shall issue to all eligible voters a registration card which shall be in two (2) segments, each bearing the identical information. The Commission shall retain one segment for its records and the other segment shall be given to the eligible voter. The registration card shall bear the following information concerning the voter:
(1) Name;
(2) Voter census number;
(3) Date of birth;
(4) Home address;
(5) Polling place where the person will be permitted to vote; and
(6) Other pertinent information as may reasonably be required by the Election Commission.
D. At the close of the registration period, an alphabetically arranged list of all persons registered to vote in each election district shall be prepared by the Tribal Council Secretary. The list shall be certified by the Election Commission as accurate, and shall constitute the eligible voters list.
E. Any person desiring to register, but who is not permitted to register, may appeal in writing to the Election Commission at least 30 days prior to the next election. The Election Commission must rule on said appeal no later than 20 days prior to an election. All decisions of the Election Commission shall be final.
F. The Election Commission shall periodically examine the eligible voters lists and add or remove the names of all individuals as may be necessary to make the lists accurate.
G. The current lists of eligible voters are accepted as they now exist. All new registration of voters or changes of registration must meet the criteria established by this Chapter.
SECTION 3.3 ELIGIBLE VOTERS LISTS
Lists of the eligible voters of each District shall be prepared by the Election Commission. The Eligible Voters List shall be posted at the polling place of the District at least ten (10) days prior to the election and a copy submitted to the Council at the same time.
CHAPTER FOUR
QUALIFICATION AND NOMINATION OF CANDIDATES
SECTION 4.1 QUALIFICATIONS FOR CHAIRMAN
Any candidate for the office of Chairman must be a member of the Tribe, reside on the Reservation and meet all the qualifications set forth in Article III, Section 7 and Article XII of the Constitution.
SECTION 4.2 QUALIFICATIONS FOR VICE CHAIRMAN
The qualifications for any candidate for the office of Vice Chairman shall be the same as for the office of Chairman.
SECTION 4.3 QUALIFICATIONS FOR TRIBAL COUNCIL MEMBER
The qualifications for candidates for Chairman, Vice-Chairman and Council members shall be those established in Article XII of the Tribal Constitution, except that the Chairman and Vice-Chairman candidates need only be residents of the Fort Apache Indian Reservation.
SECTION 4.4 EXCLUSIVE PROCEDURE FOR NOMINATION
This Chapter shall govern the nomination of candidates for election to the Tribal Council and no other method of nominating candidates shall be allowed. No write in candidates shall be allowed and no person shall be a candidate for more than one Tribal Council office in the same election.
SECTION 4.5 NOMINATION OF CHAIRMAN AND VICE-CHAIRMAN
A. Any person who seeks to become a candidate for the office of Chairman or Vice-Chairman must:
(1) Meet the qualifications for office set forth in this Chapter; and
(2) Not less than forty-five (45) days before the primary election, present nomination petitions signed by at least five percent of the resident eligible voters to the Tribal Council Secretary, or to the Tribal Chairman, or in his absence, to the Vice-Chairman.
B. Candidates shall prove to the Commission, by completing the affidavit which shall be substantially the same form as shown in Appendix A-1, that they meet the qualifications for the office sought prior to receiving nomination petition forms. Petition forms shall be released to the candidates only, and not to any person acting on behalf of any candidate. Nomination petitions shall be on a form provided by the Tribal Council Secretary which shall be substantially the same forms as shown in Appendix B-1 and Appendix B-2 and shall be available for circulation no sooner than sixty days before the primary election.
SECTION 4.6 NOMINATION OF COUNCIL MEMBER CANDIDATES
A. Any person who seeks to become a candidate for the office of Tribal Council member must:
(1) Meet the qualifications for office set forth in this Chapter; and
(2) Not less than forty-five (45) days before the primary election, present nomination petitions signed by at least five percent of the resident eligible voters of the district in which the candidate seeks election to the Tribal Council Secretary, or to the Tribal Chairman, or in his absence, to the Vice-Chairman.
B. Candidates shall prove to the Commission, by completing the affidavit which shall be substantially the same form as shown in Appendix A-2, that they meet the qualifications for the office sought prior to receiving nomination petition forms. Petition forms shall be released to the candidates only, and not to any person acting on behalf of any candidate. Nomination petitions shall be on a form provided by the Tribal Council Secretary, which shall be substantially the same form as shown in Appendix B-3, and shall be available for circulation no sooner than sixty days before the primary election.
SECTION 4.7 SIGNING OF NOMINATION PETITION
A. Each resident eligible voter shall be permitted to sign only one nomination petition for the same council office unless more than one candidate is to be elected from the district to such office, and in that case, not more than the number of nomination papers equal to the number of candidates to be elected from the district to the office. Signatures of persons in violation of this Section shall be disregarded in determining the validity of the nomination petitions, however, nothing in this Section shall prohibit a resident eligible voter from signing one nomination petition for the office of Chairman and one for the office of Vice-Chairman.
B. A nomination petition for Council members may be signed only by the resident eligible voters of the district in which the candidate is seeking office. A nomination petition for the office of Chairman and Vice-Chairman may be signed by any resident eligible voter regardless of his or her district residency. Nomination petition forms shall be prepared and provided by the Tribal Council Secretary which shall be substantially the same forms as shown in Appendix B-1 (Chairman), Appendix B-2 (Vice-Chairman), and Appendix B-3 (District Council Members).
C. Circulators of nominating petitions shall be eligible voters of the Tribe and shall sign the affidavit which shall be substantially the same forms as shown in Appendix B-1, Appendix B-2, and Appendix B-3 on the back of each nomination petition they circulate.
SECTION 4.8 CERTIFICATION OF CANDIDATES
All persons found by the Commission to meet the requirements of this Chapter shall be certified by the Tribal Council as a candidate for the office indicated in such petition. If there is a question regarding a candidate's fluency in Apache, a committee of elders, designated by the Tribal Council, will determine whether the candidate is fluent in the Apache language. It shall be the duty of the Tribal Council Secretary to post the names of all certified candidates in a public place at least thirty days prior to the primary and general elections.
SECTION 4.9 PREPARATION OF BALLOTS
A. It shall be the responsibility of the Tribal Council Secretary to prepare the ballots for each of the districts to which a Council Member is to be elected. The printing of the ballots shall take place as soon as possible after all candidates have been certified by the Tribal Council. Paper ballots upon which are printed the names of the candidates shall be used in the tribal elections. The upper portion of the ballot shall contain the name of the candidates for Chairman, Vice Chairman and members of the Tribal Council, as the case may be. The ballots shall be numbered consecutively and provided in consecutive numbers to each precinct.
B. An adequate supply of ballots plainly marked, "Sample Ballots", and printed on a paper of different color from that of the ballots prepared for voting purposes shall be distributed and shall be posted in public places in each precinct to acquaint voters with the ballot and voting procedures.
CHAPTER FIVE
CONDUCT OF ELECTIONS
SECTION 5.1 ELECTION DATES
The following dates are the official dates for Tribal elections:
A. Registration of Voters. The last day to register to vote shall be the 30th day before any election.
B. Filing of Nominating Petitions. Candidates may file nominating petitions for office from the 60th day prior to the primary, through the 45th day prior to the primary election. Nominating petitions must be returned to the Tribal Council Secretary by the close of business on the 45th day prior to the primary election day. No petitions or supplement to filed petitions shall be accepted after that date.
C. Primary Election. The Primary Election shall be held on the first Wednesday of February of the election year. No Primary Election shall be conducted for a particular Council office if only two or fewer candidates are seeking that office. In each district that elects two Council Members, no primary election shall be conducted if only four or fewer candidates are seeking those two council seats.
D. General or Regular Election. The General or Regular Election shall be held on the first Wednesday of April of the election year.
E. Special Election. Special elections shall be called by the Council as required by Article VIII (Referendum), and Article X (Secretarial Elections), of the Tribal Constitution.
F. Oath of Office. Members of the Council shall take office on the first Wednesday of the first month after their election.
SECTION 5.2 ELECTION PROCEDURES
A. Voting places and hours; notice. Voting places shall be designated by the Election Commission with Council approval, and shall be open during the hours of 6 a.m. to 7 p.m. Mountain Standard Time on the day of the election. The Election Commission shall announce all elections by special notice posted at least fifteen (15) days before the election at the voting places and other convenient public places.
B. Manner of voting generally. Voting shall be by secret ballot. Voters may vote for only one candidate for each open elected position. Except as otherwise provided, any eligible voter may vote by appearing at the voter's prescribed voting place, announcing to the Election Precinct Committee his or her name and address, signing the ballot sign out sheet, and by marking and placing in the ballot box the ballot which shall be handed to the voter. The Election Precinct Committee may ask for proof of identification, such as a voter's registration card or drivers license, before permitting the eligible voter to vote. Any eligible voter who will be unable to vote in person may vote by absentee ballot as prescribed in Section 5.3.
C. Electioneering. No person shall be allowed to electioneer within two hundred (200) feet of the entrance to any polling location while an election is in progress, nor shall any person, except election officials and other persons authorized by law, be allowed to approach the ballot box while an election is in progress or remain within 50 feet of the polling place except while actually voting. No written or printed material other than that provided by the Election Commission shall be publicly placed or exposed on public or private property within two hundred (200) feet of the entrance to any polling location while an election is in progress. The Election Commission may, with Tribal Council approval, establish additional policies on electioneering.
D. Voting by person with physical disabilities or language barriers. If a voter presents himself and states that he or she, because of a physical disability or language barrier, is unable to mark the ballot, assistance shall be provided by at least two members of the Election Precinct Committee or Election Commission.
E. Poll watchers. Candidates for the office of the Chairman, Vice Chairman, and each candidate for the Council may submit two names each as their respective designated watchers at each polling place. No candidate for any elected office of the White Mountain Apache Tribe shall be a watcher. Watchers are prohibited from conversing with voters and Election Precinct Committee members. Any disruption by watchers will be cause for their removal from the polling place. Poll watchers are to remain only in designated areas.
F. Voting Violations. A person is guilty of violation of this code who:
(1) Knowingly votes more than once at any election; or
(2) Not being entitled to vote, knowingly votes; or
(3) Hinders the voting of others; or
(4) After having received a ballot as a voter, knowingly fails to cast the ballot or return the ballot to the Election Precinct judge before leaving the polling place or going outside the voting area; or
(5) Knowingly adds a ballot to those legally cast at any election by fraudulently introducing the ballot into the ballot box or mixing the ballot with other ballots lawfully cast while they are being canvassed or counted; or
(6) Knowingly detains, destroys, alters, or mutilates a ballot or election returns; or
(7) Intentionally disables or removes from the polling place or custody of an election official, a voting machine, ballot box, or voting record; or
(8) While at a voting location, refuses to obey a lawful order of a member of the Election Commission or Precinct Committee.
G. Penalties.
(1) Any person violating the provisions of Subsection 5.2F is guilty of a criminal offense, and upon conviction, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), or a term of imprisonment not to exceed one hundred eighty (180) days, or both.
(2) Persons not subject to the criminal jurisdiction of the Tribal Court shall be subject to exclusion from the Reservation.
SECTION 5.3 ABSENTEE VOTING
A. Request for ballot.
1. Any eligible voter who wishes to vote early or who expects to be absent from the district in which he or she is registered on any election day, or who expects to be physically unable to go to the voting place on such day, may request an absentee ballot by either coming in person to the office of the Tribal Council Secretary, or by sending a letter to the Election Commission. A person requesting an absentee ballot shall identify himself or herself using the name under which he or she registered and shall state the district in which he or she is registered.
2. The applicant for an absentee ballot shall complete and sign the application before a Notary Public. The Notary Public before whom the applicant completes the application shall impress his or her seal on the application. Any person unable to sign the application shall sign his or her mark and have the application signed by a witness. Applications for absentee voter ballots may be mailed or presented in person to the Election Commission.
3. Requests for absentee ballots shall be accepted until seven (7) days prior to election day. Eligible voters may also make a written request in person at the Tribal Council Secretary's Office until 4:30 p.m. Mountain Standard Time on the Tuesday preceding the election.
4. All applications for absentee ballots shall be consecutively numbered by the Election Commission.
5. Any eligible voter who receives an Absentee Ballot who does not complete and mail the ballot, but instead wishes to cast his or her vote in person, must first surrender his or her Absentee Ballot to the Election Precinct Committee of his or her district on election day.
6. Any eligible voter who desires an Absentee Ballot for both primary and general elections must request an Absentee Ballot prior to each election.
B. Delivery or mailing of documents to applicant.
Unless it is evident that the applicant is not an eligible voter, the Election Commission shall immediately cause the following documents to be delivered or mailed to such applicant.
1. An official ballot for the proposed absentee voter's district.
2. An affidavit envelope labeled "For Absentee Ballot Only" for the ballot to be put into after the voter has marked it.
3. An envelope with the address of the Election Commission printed on its front.
4. The official application.
C. Form of application.
1. The form of application for the absentee ballot shall be substantially as follows:
STATE OF ____________ )
)ss.
County of ______________)
I, _______________, do solemnly swear or affirm that I am an eligible voter of the White Mountain Apache Tribe registered in District _____; that I wish to vote early, or I expect to be absent from my District on the day of the next White Mountain Apache Tribal Election or because of physical disability will not be able to go to the voting place on such day. Therefore, I hereby make application to the Tribal Election Commission for an absentee ballot.
__________________________
Voter Signature
__________________________
Voter Name (Print)
___________________________
Voter Census Number
SIGNED AND SWORN to before me this ____ day of ___________, 19____.
_________________________________
Notary Public or Commission Member
2. The Tribal Council Secretary shall supply printed instructions to absentee voters substantially as follows:
(a) Sign both the affidavit envelope and the application before any Notary Public or other officer authorized by law to administer oaths.
(b) Display ballot unmarked before the officer or Notary Public in his or her presence, but in such a manner that he or she cannot see your vote, mark your ballot, and seal it in the white envelope marked, "For Absentee Ballot Only". PLEASE DO NOT ENCLOSE THE APPLICATION WITH THE BALLOT.
(c) Sign the oath on the back of the white affidavit envelope marked, "For Absentee Ballot Only".
(d) Place the application for ballot, complete with signature and acknowledgment, together with the white envelope containing your ballot, in the enclosed self addressed envelope. Check to see that the application is not enclosed in the envelope marked, "For Absentee Ballot Only", and mail. The ballot and application must be in the office of the Tribal Council Secretary or the Tribal Election Commission before 7:00 p.m. Mountain Standard Time on Election Day.
D. Ballot affidavit; form.
1. The absentee ballot shall be accompanied by an envelope bearing upon the front a printed affidavit in substantially the following form:
STATE OF _______________ )
)ss.
County of _________________ )
I, ___________________, do solemnly swear that I am an eligible voter of District ____, of the Fort Apache Indian Reservation. I further swear or affirm that I personally voted the enclosed ballot (or that it was marked according to my instructions because I was unable to do so).
________________________
Signature of Voter
SUBSCRIBED AND SWORN to before me this _____ day of _____, 19__.
I further certify that the Affiant exhibited the enclosed ballot to me unmarked. Then, in my presence, the Affiant personally and privately marked such ballot in such a manner that neither I, nor any other person, was able to see the Affiant vote, or it was marked by me according to the Affiant's instructions and enclosed and sealed in this envelope. While marking the ballot, the affiant was not solicited or advised by any person to vote for or against any candidate or measure.
____________________________________
Notary Public or Commission Member
E. Receipt of voter's ballot.
Upon receipt of the envelope containing the absentee ballot and the completed application, the Election Commission shall compare the signatures thereon with the signatures of the voter on the voter's affidavit of registration. If satisfied that the signatures correspond and that the application and the affidavit are sufficient, the Election Commission shall hold them unopened in accordance with the rules and regulations of the Election Commission.
F. Casting absentee ballot.
1. The Election Commission shall as provided by this Section, tabulate separately for each District the absentee ballots which have been received. The Commission shall check the voter's application and the voter's affidavit on the envelope containing the absentee ballot. If these are found to be sufficient, the Commission shall check the voter's name on the precinct register. If the Commission then finds that the applicant is an eligible voter of the District, the vote shall be allowed. If the application or the affidavit is insufficient, or if the applicant is not an eligible voter of the District, the vote shall not be allowed. Enclosing an application in error with a ballot shall not void the absentee ballot.
2. If the vote is allowed, the Commission shall open the envelope containing the ballot in such a manner that the affidavit thereon is not destroyed, take out the ballot without unfolding or permitting it to be opened or examined, endorse the stub in the same manner that the other ballots are endorsed, deposit the ballot only in the ballot box and retain the envelope in which it was enclosed in accordance with Section 5.3G , and show by the records of the election that the voter has voted.
3. If the vote is not allowed, the affidavit envelope containing the absentee ballot shall not be opened and the Commission shall mark across the face of such envelope the grounds for rejecting the ballot. The affidavit envelope with its contents shall then be deposited with the open affidavit envelopes and shall be preserved with official returns.
G. Retention of materials.
All material used for procuring and casting an absentee ballot shall remain under the Election Commission's control for a period of one (1) year after the day of the election.
SECTION 5.4 COUNT AND RETURN OF VOTES
A. The ballots cast shall be counted and tallied by the Election Precinct Committee beginning at 7:00 p.m. Mountain Standard Time or immediately after voting is completed on the day of the election. Results of the voting shall be made by certified return by the Election Precinct Committee and delivered to the Election Commission. A copy of the return shall be posted at the voting place. The Election Commission shall immediately prepare a consolidated return of the election results and post said results at the election headquarters.
B. After counting, all ballots shall be placed in ballot boxes, locked, marked with the name and voting place and the date of the election by the Election Precinct Committee. All unused, spoiled or rejected ballots shall be labeled and placed in the ballot box. The locked ballot boxes containing all ballots shall be immediately returned by the Judge and at least one other precinct committee official to the Election Commission.
C. The Election Commission shall certify all elected candidates to the Tribal Council, provided a challenge to election results or request for recount or automatic recount has not been filed. Certification of a candidate in question will be made following the determination of the challenge or recount, as the case may be. On the day following the election, a meeting shall be called by the Tribal Council for the purpose of certification of the election.
D. The Election Commission shall store the ballots, upon approval of the Council, in such a manner that will insure the safekeeping of said ballots for a period of one year.
SECTION 5.5 RECOUNTS; AUTOMATIC AND REQUESTED
A. Automatic Recount. If the tally shows that the vote cast for the two candidates for an office with the highest vote is tied, or if the highest vote is larger than the next highest vote by less than 1% of the vote cast for that office, there shall be an automatic recount.
B. Request for Recount. Only candidates for office may ask for a recount and only for the office that he or she sought. A candidate requesting a recount shall file a written petition with the chairman of the Tribal Election Commission. An advance fee to cover costs of the recount of One Hundred Dollars ($100) per polling location will be charged the candidate requesting the recount, and must accompany the written petition. Payment shall be by cashier's check or money order only. No personal checks will be accepted. The time limit for filing a request for a recount shall be from the first calendar day following the Tribal Council's certification of election results and shall continue for five (5) consecutive calendar days. Recounts shall be conducted by the Tribal Election Commission.
C. Recount candidates shall not be certified by the Commission to the Tribal Council until the recount is completed. The Tribal Council shall certify all other elected candidates not affected by the results of a recount.
D. Referendum Election. An automatic recount pursuant to 5.5A shall be applicable to all referendum elections. Any eligible voter of the Tribe may request a recount, in a referendum election, in accordance with Section 5.5B.
SECTION 5.6 PRIMARY ELECTION RESULTS
A. The candidate receiving the highest number of votes for Chairman, Vice Chairman, and Tribal Council Member and the candidate receiving the next highest number of votes for Chairman, Vice Chairman, or Tribal Council Member, shall be the candidates for Chairman, Vice Chairman, and Tribal Council Member in the general election.
B. In any district that elects only one council member, the two candidates receiving the highest number of votes in the primary election shall be the candidates for council member in the general election.
C. In any district that elects two council members in the same election, the four candidates receiving the highest number of votes in the primary shall be the candidates for council member in the general election.
CHAPTER SIX
CHALLENGES TO ELECTION RESULTS
SECTION 6.1 WHO MAY CHALLENGE AN ELECTION RESULT
Only a candidate, and no other person, may challenge the correctness of the announced results of an election in which that candidate ran for elected office and then only for the office that he or she sought. Any eligible voter, and no other person, may challenge the correctness of the announced results of a referendum election. All challenges must strictly comply with all applicable provisions of this Chapter.
SECTION 6.2 GROUNDS FOR CHALLENGES
A. Allegations of Fraud. An election result may be challenged on the basis of an allegation of fraud if the candidate, or any person authorized to act for such candidate, whose right to the office is contested, has given to a voter, election judge or election clerk a bribe or reward, or has offered such bribe or reward for the purpose of procuring his or her election. The act complained of must have occurred at a polling location, or in the casting of an absentee vote. The complaint must identify the specific polling location or other location, or if in the casting of absentee ballots wherein such fraud occurred, the specific act constituting such alleged fraud and the names of the alleged perpetrators of such fraud.
B. Allegations of Irregularities other than Fraud. An election result may be challenged on the basis of an allegation of irregularities other than fraud if such challenge alleges a sufficient number of irregularities and of such a nature that:
(1) The outcome of the election would have been contrary to the reported result; or
(2) Proves that it is impossible to determine with mathematical certainty which candidate is entitled to be certified as elected, or in an election concerning a referendum, that the outcome of the election is impossible to determine with mathematical certainty.
SECTION 6.3 PROCEDURE FOR CHALLENGES
A. Challenges must be filed in writing under oath with the Election Commission on the complaint form provided by the Election Commission and which shall be substantially the same form as shown in Appendix C within 5 calendar days following the certification of the election. The challenge must provide the necessary information required by Section 6.2 and be accompanied by a cash bond of five hundred dollars ($500.00).
B. Upon receipt of a challenge the Election Commission shall review the challenge for complete compliance with this Section and if in compliance, shall forward the petition to the Chief Judge of the Tribal Court, or such other judge as the Chief Judge may assign. The Election Commission shall file a response or answer on or before the hearing date set by the Court. The judge shall hear and determine said issue without delay or continuance of more than five (5) days. On the day of the hearing, the challenged candidate may file an answer to such petition or may file a cross-petition, setting forth in detail, as required of a petitioner herein, such cross claims of fraud. The decision of said judge shall be final as to any changes in the total votes, and a copy of such judgment and decision shall be furnished to the Election Commission.
C. If fraud is proven on the part of a candidate, such candidate shall be declared ineligible for the office for which he or she was a candidate. In all cases where a petition is filed which alleges fraud, but after a hearing said allegations are not proven by clear and convincing evidence, the contestant shall be civilly liable in damages to the challenged candidate or Election Commission for all damages sustained, including reasonable attorney fees and all reasonable and proper costs of conducting such contest. The bond shall be forfeited to the extent necessary to pay attorney fees and costs.
D. If the challenger is able to prove a sufficient number of irregularities such that it is impossible to determine with mathematical certainty which candidate is entitled to be certified as a candidate or to have his or her name appear on the runoff ballot, or in an election concerning a proposed measure or issue, prove that the outcome of the election is impossible to determine with mathematical certainty, the judge shall notify the chairman of the Election Commission of same. It shall then be the duty of the Election Commission Chairman to notify the Tribal Council of said decision. The Council shall then order a new election as soon as is practical in the same manner as the contested election, with the identical candidates or issues; provided that any candidate upon whom fraud has been proven shall not be a candidate in the new election.
E. The person or persons challenging the election results must prove by clear and convincing evidence that the Election Commission violated the Election Ordinance or otherwise conducted an unfair election and that the outcome of the election would have been different.
CHAPTER SEVEN
REFERENDUM ELECTIONS
SECTION 7.1 EXEMPTION FROM REFERENDUM
No ordinance, resolution or candidate election previously submitted to popular vote shall be subject to referendum under this chapter. These regulations shall be the exclusive procedures for referendum elections.
SECTION 7.2 FORM OF PETITIONS
The form for referring to the Tribal people by referendum petition an enacted or proposed ordinance or Tribal Council resolution, or portion thereof, shall be provided by the Election Commission and shall be substantially as follows:
PETITION FOR REFERENDUM
To the White Mountain Apache Tribal Election Commission:
We, the undersigned enrolled members and eligible voters of the White Mountain Apache Tribe of the Fort Apache Indian Reservation, respectfully order that Tribal Ordinance No. ______; or Tribal Resolution No._____, entitled (title of ordinance or resolution number, and if the petition is against less than the whole ordinance or resolution, then set forth here the item, section, or part on which the referendum is used), proposed or adopted by the Tribal Council on _______________, shall be referred to a vote of the eligible voters of the White Mountain Apache Tribe at a special election for their approval or rejection and each for himself says:
I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am an eligible voter of the White Mountain Apache Tribe of the Fort Apache Indian Reservation.
WARNING:
It is a criminal offense for any person to knowingly sign a referendum petition with a name other than his or her own, except in a circumstance where he or she signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his or her own name because of physical infirmity, or to knowingly sign his or her name more than once for the same measure, or to knowingly sign such petition when he or she is not an eligible voter.
Signature ______________________________________________
Name__________________________________________________
(first and last name printed)
Voter Census Number_____________________________________
Address_________________________________________________
________________________________________________________
Date Signed_____________________________________________
(The lines for signatures which shall be numbered)
The validity of signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on reverse side.
Election Commission Referendum Number ____________
SECTION 7.3 CIRCULATION OF PETITIONS AND SIGNATURES
A. A person or organization intending to file a referendum petition shall, before receiving said petition forms from the Commission, file with the Tribal Election Commission an application provided by the Commission which shall be substantially the same form as shown in Appendix D, setting forth his or her name, or, if an organization, its name and the names and titles of its officers, address, his or her intention to circulate and file a petition, and the text of the proposed ordinance or resolution or portion thereof, to be referred, and applying for issuance of an official number to be printed in the lower right hand corner of both sides of the signature sheets of the petition.
B. On receipt of the application, if the matter to be referred in the application is not in conflict with the Tribal Constitution, the Commission shall within five (5) working days assign a number to the petition, which number shall appear on the face of each copy thereof, and issue that number and petition forms which shall be substantially the same form as shown in Section 7.2 and Appendix E to the applicant. Numbers shall be assigned to petitions by the Commission in numerical sequence and in the order of filing applications, and a record shall be maintained in the Tribal Council Secretary's office of each application received and of the number assigned and issued to the applicant.
C. The Commission shall print and shall furnish to each applicant, at the time it issues the number, a copy of the text of this chapter governing referendums.
D. The petitions must be filed with the Commission no later than ninety (90) calendar days after the Commission issues its official number for the petitions. Petitions filed after ninety (90) calendar days shall not be considered.
SECTION 7.4 SIGNATURES AND VERIFICATION
A. Every eligible voter signing a petition shall do so in the presence of the person circulating the petition and who is to execute the affidavit of verification. At the time of signing, the eligible voter shall sign his or her first and last names in the spaces provided and the voter so signing or the person circulating the petition shall print his or her first and last names and write, in the appropriate spaces following the signature, the signer's voter census number, residence address, giving street and number, if any, and his or her post office address. The voter so signing or the person circulating the petition shall write, in the appropriate spaces following the voter's address, the date on which the voter signed the petition.
B. The person before whom the signatures and addresses were written on the signature sheet shall on the affidavit form pursuant to this section, subscribe and swear before a notary public, that each of the names on the sheet was signed and the name and address was printed in the presence of the voter and the circulator on the date indicated, and that in his or her belief each signer was an eligible voter of the Tribe. All signatures of petitioners on a signature sheet shall be those of eligible voters who are registered to vote in Tribal elections. The absence of a printed name shall invalidate that signature. Signature and handwriting comparisons may be made.
C. The affidavit shall be printed on the reverse side of each signature sheet on a form provided by the Election Commission and shall be substantially as follows:
Affidavit of Circulator
State of Arizona )
) ss.
County of )
I, (print name), an eligible voter of the White Mountain Apache Tribe, under the penalty of law, depose and say that each individual signed this sheet of the foregoing petition in my presence on the date indicated, and I believe that each signer's name and residence address or post office address are correctly stated, and that each signer is an eligible voter of the White Mountain Apache Tribe and that at all times during the circulation of this signature sheet a copy of the title and text of the referred ordinance or resolution was attached to this signature sheet.
Signature of Circulator ___________________________________
Voter Census Number_________________________________
Address _______________________________________________
______________________________________________________
District where registered_______________________________
If registered at a different address at any time during
circulation of this sheet, former address of affiant___________________________
SUBSCRIBED AND SWORN to before me this _____ day of _____________, 19____.
_____________________________________
Notary Public or Election Commission Member
My Commission Expires:
Election Commission Referendum Number___________
SECTION 7.5 PROCEDURE FOR WITHDRAWING SIGNATURES
A. An eligible voter who has signed a referendum petition may, by executing and filing with the Commission an affidavit in the form prescribed by this Section within ten (10) days from the day on which the petition is filed with the Commission, withdraw his or her signature from the petition. Any signature so withdrawn shall not be counted in determining the legal sufficiency of the petition. The affidavit shall:
1. Be signed and sworn to before a notary public.
2. Be in the given name and surname of the affiant.
3. State the affiant's voter census number, residence address, giving street and number, if any, his or her post office address, the name of the District in which he or she is registered to vote, and the referendum number of the petition which he or she signed.
4. Affirm the affiant's intention to withdraw his or her signature from the petition.
B. The affidavit shall be provided by the Election Commission and in substantially the following form:
Affidavit of Signature Withdrawal
STATE OF ARIZONA )) ss.
County of )
I, (given name and surname), being first duly sworn, say that I am an eligible voter of the White Mountain Apache Tribe.
That my voter census number is ______________________________________
That my residence address is __________________________________________
(street and number, if any)
That my post office address is _________________________________________
That I am registered to vote in District_________________________________
That I signed the referendum petition to which the Election Commission had assigned referendum number _____. That it is my intention by the signing and filing of this affidavit to withdraw my signature from that petition.
___________________________________
Signature of Affiant
Subscribed and sworn to before me this _____ day of ______________ 19___
______________________________________
Notary Public or Election Commission Member
My Commission Expires:
_______________________
SECTION 7.6 PROHIBITION ON CIRCULATING OF PETITIONS BY MEMBERS OF THE TRIBAL ELECTION COMMISSION
No member of the Tribal Election Commission shall circulate a referendum petition and all signatures verified by any such person as circulator affiant shall be void and shall not be counted in determining the legal sufficiency of the petition.
SECTION 7.7 PROHIBITION ON SIGNING PETITION FOR PROFIT
Any person who gives or receives money or any other thing of value for signing a referendum petition, excluding payments made to a person for circulating such petition, is guilty of a criminal offense, and upon conviction, shall be subject to a fine of not to exceed one thousand dollars, or by imprisonment not to exceed one year, or both. Any non-member not subject to the criminal jurisdiction of the Tribal Court who violates this section shall be subject to exclusion from the Reservation. Any signature obtained in violation of this section shall be void and shall not be counted in determining the legal sufficiency of the Petition.
SECTION 7.8 UNLAWFUL ACTS; VIOLATIONS; PENALTY
A. Any eligible voter of the Tribe may sign a referendum petition upon any enacted or proposed ordinance or resolution of the Tribal Council which he or she is legally entitled to vote upon.
B. A person signing any name other than his or her own to a petition, except in a circumstance where he or she signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his or her own name, because of physical infirmity or knowingly signing his or her name more than once for the same measure, at one election, or who is not at the time of signing a qualified voter of the Tribe, or any officer or person wilfully violating any provision of this Chapter, shall be punished by a fine not exceeding one thousand dollars, by imprisonment not to exceed one year, or both. Any signature obtained in violation of this chapter shall be void and shall not be counted in determining the legal sufficiency of the Petition.
SECTION 7.9 COERCION OR INTIMIDATION WITH RESPECT TO PETITIONS AND REFERENDUM ELECTIONS
A. It is unlawful for a person, directly or indirectly, to make use of force, violence or restraint, or to inflict or threaten infliction, by himself or herself or through any other person, of any injury, damage, harm or loss, or in any manner to practice intimidation upon or against any person, in order to induce or compel such person to sign or not to sign a referendum petition or to vote or refrain from voting for a particular measure at any referendum election provided by this code, or on account of such person having voted or refrained from voting at a referendum election.
B. Any person violating the provisions of this section is guilty of a criminal offense, and upon conviction, shall be subject to a fine not to exceed five thousand dollars, or by imprisonment not to exceed one year, or both.
C. Persons not subject to the criminal jurisdiction of the Tribal Court shall be subject to exclusion from the Reservation.
SECTION 7.10 FILING OF PETITION AND ELECTION
Signature sheets; petitions; form; procedure for filing:
A. Every sheet for signatures shall:
1. Be in the form prescribed by this chapter.
2. Have printed in its lower right hand corner, on each side of such sheet, the number assigned to the petition by the Election Commission.
3. Be attached to a full and correct copy of the title and text of the enacted or proposed ordinance or resolution referred by the petition.
B. Petitions may be filed with the Election Commission in numbered sections for convenience in handling. Not more than fifteen signatures on one sheet shall be counted. When the petition is offered for filing, the Election Commission, in the presence of the person offering them for filing, shall:
1. Detach the petition sheets containing the signatures and affidavits from the text of the referred enacted or proposed ordinance or resolution.
2. Check to determine that each signature sheet bears the number assigned by him or her to the petition, and shall count the signatures on only those sheets bearing such number.
3. Cause all signature sheets to be grouped together and attach them to one or more printed copies of the referred enacted or proposed ordinance or resolution.
4. Number in the lower right hand corner both sides of the signature sheets in consecutive order. The same number shall appear on both sides of the sheet.
C. In no event shall the Election Commission accept a referendum petition filed later than ninety (90) calendar days after the Commission has issued its official number for that referendum petition pursuant to Section 7.2 B.
SECTION 7.11 VERIFICATION OF ELIGIBLE VOTERS
A. The Tribal Election Commission shall verify the signatures and claims of persons signing the Petition who claim to be registered and eligible Tribal voters within one hundred twenty (120) days following the Commission's assignment of its official number for that referendum petition. If investigation finds that persons signing the Petition are not eligible Tribal voters as of the date of signing the Petition, the Board shall certify:
1. The names, as well as the actual number, of persons selected by the Commission for verification found not to be eligible voters as of the date of signing the petition.
2. Whether the person whose signature appears in execution of each affidavit of circulator was an eligible voter at the time of circulating the petition.
B. The Commission's certification shall be in substantially the following form:
We, the Election Commission of the White Mountain Apache Tribe , do hereby certify that we received the attached signature sheets, the affidavit of circulator page or pages and the attached list of page numbers in connection with referendum petition number _______, that we have caused such signatures to be compared with the records of this office and that those records disclose that the following persons whose signatures:
1. were received, were found not to be eligible voters at the time of signing the petition. A total of _____ persons out of those reviewed were found to be ineligible.
2. appear in the execution of the affidavits of circulator were not eligible voters at the time of circulating the petition:
|
Address |
Page Nos. of Sheets Circulated |
Eligible Voters (Yes) or (No) |
The records of this office show that each other person whose signature appears in execution of the affidavit of circulator was an eligible voter at the time of circulating the petition.
Dated:___________________
___________________________________
Tribal Election Commission Chairperson
(Tribal Seal)
SECTION 7.12 DISPOSITION OF PETITIONS BY BOARD
A. After its verification process is complete, if the number of valid signatures on the Petition sheets, after subtracting ineligible names, equals or exceeds the minimum required by the Constitution, the Election Commission shall issue the following receipt to the person or organization that submitted the petitions:
________ signature pages bearing ________ signatures for referendum petition number ________ have been refused for filing in this office because the person circulating them was not an eligible voter at the time of circulating the petition or was prohibited by Section ______ at the time of circulating the petition. A total of ________ signatures were found to be ineligible. The actual number of remaining signatures for such referendum petition number ________ are equal to or in excess of the minimum required by the constitution to place a measure on the election ballot. The number of valid signatures filed with this petition, based on our review appears to be at least one hundred percent of the minimum required or through examination of each signature has been certified to be greater than the minimum required by the constitution.
Date:______________ ___________________________________
Tribal Election Commission Chairperson
(Tribal Seal)
The Commission shall within five (5) calendar
days of completion of its verification process notify the Tribal Council Chairman that a
sufficient number of signatures has been filed and that the referendum shall be placed on
the ballot at a special election called by the Tribal Council within ninety (90) days of
said notification, provided that the special election may be held on the same date as any
other tribal election if the date of the other tribal election is within one hundred fifty
(150) days of the Commission's notification to the Tribal Council Chairman pursuant to
this section.
B. If the number of valid signatures on the Petition sheets after subtracting ineligible names fails to equal or exceed the minimum required by the Constitution, the Commission shall retain a copy of the signature sheets and immediately return the original signature sheets to the person or organization that submitted them, together with a certified statement that for the following reasons, the petition lacks the minimum number of signatures to place it on the ballot:
1. Signature sheets bearing election commission page numbers ________ and bearing signatures of _______ persons were circulated by a person or persons prohibited from doing so under Section ____.
2. A total of _______ signatures included in the petition(s) have been certified by the Election Commission as ineligible by reason of not being eligible voters at the time of signing such petition.
SECTION 7.13 FORM OF BALLOT
A. The Commission shall transmit to each polling place a certified copy of the official title, the descriptive title and the number of each measure to be voted upon at the ensuing election.
B. The Commission shall print the official title, the descriptive title and the number of each measure upon the official ballot. A measure referred by the Tribal Council shall be designated "referred to the people by the Tribal Council," a measure referred by petition shall be designated "referendum ordered by petition of the people."
C. There shall be printed on the official ballot immediately below the number of the measure and the official title of each measure a descriptive title containing a summary of the principal provisions of the measure, not to exceed fifty words, which shall be prepared by the Commission and approved by the Tribal Attorney. Immediately following the descriptive title of each measure there shall be printed the phrases:
A "yes" vote shall have the effect of ________________
A "no" vote shall have the effect of _________________
The blank spaces shall be filled with a brief phrase prepared by the Commission and, approved by the Tribal Attorney stating the essential change in the existing law should the measure receive a majority of votes cast in that particular manner. Opposite the phrases there shall be printed the number of the measure, and below the number of the measure and opposite each phrase there shall be printed the corresponding words "yes" or "no" and a square in which the voter may make a mark indicating his or her preference.
SECTION 7.14 COUNTING AND CANVASSING VOTES; TRIBAL CHAIRMAN'S PROCLAMATION
A. The votes shall be counted, canvassed and returned by the officers of the Election Commission, and the abstracts made by the clerks of the polling places of the White Mountain Apache voting districts shall be returned to the Commission on separate abstract sheets in the manner provided by law. The total vote shall then be canvassed and certified by the Commission in accordance with Section 5.3.
B. If two or more conflicting measures are approved at the same election, the Tribal Election Commission shall declare and certify to the Tribal Council which of the measures received the greatest number of affirmative votes.
SECTION 7.15 DESTROYING, SUPPRESSING OR FILING FALSE REFERENDUM PETITION; CLASSIFICATION
A person filing a referendum petition who, at the time of filing the petition, knows it is falsely made, or who knowingly destroys or suppresses a referendum petition, or any part thereof, which has been duly filed with the Tribal Election Commission or Tribal Council Secretary as provided by this Chapter is guilty of a criminal offense punishable by a fine of not less than $500.00, nor more than $1,000.00 and/or imprisonment for a term up to six months.
SECTION 7.16 DEFEAT OF REFERRED MATTER
If a referendum election of any enacted or proposed ordinance or resolution, or portion thereof, of the Tribal Council is unsuccessful, no referendum petition on the defeated ordinance or resolution or portion thereof referred shall be permitted for a period of two (2) years from the date of the election results wherein the referendum failed.
SECTION 7.17 REFERENDUM PROCEDURES SUPERSEDED
This Chapter replaces and supersedes the Referendum Procedures and Regulations enacted by the Tribal Council on January 10, 1996 pursuant to Resolution No. 01-96-006.
SECTION 7.18 CHAPTER THREE OF GOVERNMENT CODE REPEALED
This Code supersedes and repeals Chapter Three of the Government Code.
AFFIDAVIT OF QUALIFICATIONS FOR TRIBAL CHAIRMAN OR
VICE-CHAIRMAN
STATE OF ARIZONA
)
)ss.
County of ______________________ )
I,___________________________________, being first duly sworn upon my oath hereby depose and state:
1. I am an enrolled member of the White Mountain Apache Tribe;
2. I am twenty-five (25) years of age or more;
3. I can speak Apache;
4. I am a resident of the Fort Apache Indian Reservation;
5. I have not been convicted of a felony nor have I, within the preceding year, been convicted of a crime involving moral integrity, such as: adultery, bribery, embezzlement, extortion, fraud, forgery, misbranding, perjury, theft or public intoxication.
Dated this _____________ day of __________________________, 199____.
_____________________________________
SUBSCRIBED AND SWORN to before me the undersigned Notary Public this _______ day of ________________________, 199_____.
My commission expires: _____________________________________
Notary Public
___________________________
AFFIDAVIT OF QUALIFICATIONS FOR TRIBAL COUNCIL
STATE OF ARIZONA )
)ss.
County of ______________________ )
I,___________________________________, being first duly sworn upon my oath hereby depose and state:
1. I am an enrolled member of the White Mountain Apache Tribe;
2. I am twenty-five (25) years of age or more;
3. I can speak Apache;
4. I am a resident of the district for which I am seeking the Tribal Council position, or I operate cattle within the district, or I have a land assignment in the district. Proof of residency, cattle operation or land assignment is attached hereto and incorporated by reference herein;
5. I have not been convicted of a felony nor have I, within the preceding year, been convicted of a crime involving moral integrity, such as: adultery, bribery, embezzlement, extortion, fraud, forgery, misbranding, perjury, theft or public intoxication.
Dated this _____________ day of __________________________, 199____.
______________________________________
SUBSCRIBED AND SWORN to before me the undersigned Notary Public this _______ day of ________________________, 199_____.
My commission expires: _____________________________________
Notary Public
____________________________
WHITE MOUNTAIN APACHE TRIBE
Fort Apache Indian Reservation
Whiteriver, Arizona
N O M I N A T I O N P E T I T I O N
Pursuant to Article VI, Section 5 of the Constitution of the White Mountain Apache Tribe and Chapter Four of the Election Code of the White Mountain Apache Tribe, we the undersigned resident voters of the White Mountain Apache Tribe, hereby nominate ____________________________________________________ as candidate for the office of Chairman of the White Mountain Apache Tribe.
Voter
Print Name Census Number Signature Address District Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Affidavit of Circulator
State of _______________________)
) ss.
County of_____________________ )
I,___________________________________ an eligible voter of the White Mountain(print name)
Apache Tribe, under the penalty of law, depose and say that each person signed this sheet of the nominating petition in my presence on the date indicated, and I believe that each signer's name, residence address or post office address are correctly stated, and that each signer is an eligible voter of the White Mountain Apache Tribe.
Signature of Circulator_______________________________________________
Voter Census Number________________________________________________
Address of Circulator ________________________________________________
_________________________________________________________________
SUBSCRIBED AND SWORN to before me this _____ day of _____________, 19____.
_________________________________________
Notary Public or Election Commission Member
My Commission Expires:
______________________
WHITE MOUNTAIN APACHE TRIBE
Fort Apache Indian Reservation
Whiteriver, Arizona
N O M I N A T I O N P E T I T I O N
Pursuant to Article VI, Section 5 of the Constitution of the White Mountain Apache Tribe and Chapter Four of the Election Code of the White Mountain Apache Tribe, we the undersigned resident voters of the White Mountain Apache Tribe, hereby nominate ____________________________________________________ as candidate for the office of Vice-Chairman of the White Mountain Apache Tribe.
Voter
Print Name Census Number Signature Address District Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Affidavit of Circulator
State of _______________________)
) ss.
County of_____________________ )
I,___________________________________ an eligible voter of the White Mountain(print name)
Apache Tribe, under the penalty of law, depose and say that each person signed this sheet of the nominating petition in my presence on the date indicated, and I believe that each signer's name, residence address or post office address are correctly stated, and that each signer is an eligible voter of the White Mountain Apache Tribe.
Signature of Circulator____________________________________________
Voter Census Number_____________________________________________
Address of Circulator _____________________________________________
____________________________________________________
SUBSCRIBED AND SWORN to before me this _____ day of _____________, 19____.
_______________________________________
Notary Public or Election Commission Member
My Commission Expires:
_______________________
WHITE MOUNTAIN APACHE TRIBE
Fort Apache Indian Reservation
Whiteriver, Arizona
N O M I N A T I O N P E T I T I O N
Pursuant to Article VI, Section 5 of the
Constitution of the White Mountain Apache Tribe and Chapter Four of the Election Code of
the White Mountain Apache Tribe, we the undersigned resident voters of the White Mountain
Apache Tribe, hereby nominate ____________________________________________________ as
candidate for the office of District _____ (__________________________________________)
Councilmember of the White Mountain Apache Tribe.
Voter
Print Name Census Number Signature Address District Date
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Affidavit of Circulator
State of _______________________)
) ss.
County of_____________________ )
I,___________________________________ an eligible voter of the White Mountain
(print name)
Apache Tribe, under the penalty of law, depose and say that each person signed this sheet of the nominating petition in my presence on the date indicated, and I believe that each signer's name, residence address or post office address are correctly stated, and that each signer is an eligible voter of the White Mountain Apache Tribe.
Signature of Circulator____________________________________________
Voter Census Number____________________________________________
Address of Circulator _____________________________________________
______________________________________________________________
SUBSCRIBED AND SWORN to before me this _____ day of _____________, 19____.
_______________________________________
Notary Public or Election Commission Member
My Commission Expires:
_______________________
ELECTION COMMISSION COMPLAINT FORM
INSTRUCTIONS:
1. Please fill out this complaint form as completely as possible. If you have statements of witnesses, please attach them to this complaint form.
2. After completing this form, please submit the form to the Chairperson of the Election Commission unless the complaint is against the Chairperson of the Election Commission, in which case, submit your complaint to the Vice-Chairperson of the Election Commission.
3. You will be asked to appear at a hearing to give your sworn testimony and the testimony of any witnesses.
4. After the complaint is investigated, you will be provided with a written report of the investigation and the recommended actions.
COMPLAINT
1. Please give a detailed description of the actions about which you are complaining. If you need more space, please attach separate sheets of paper to this form.
2. Where did these actions occur?
3. When did these actions occur (Date and Time)
4. Who was involved in these actions?
5. Please give the names of all witnesses.
6. What are you asking the Commission to do regarding your complaint?
7. Please provide your name, mailing address and telephone number where you may be contacted.
STATE OF ARIZONA )
)ss.
County of ________________ )
_____________________________________ having been first duly sworn, deposes and says:
1. That he/she is the person who executed the foregoing complaint, including any attached papers used to describe the Complaint.
2. That he/she has read the same and knows the contents thereof.
3. That the matters stated therein are true to the best of his/her knowledge, except such matters as are stated to be upon information and belief, and, as to those matters, he/she believes them to be true.
_________________________________________
Signature
SUBSCRIBED AND SWORN to before me this ______ day of ___________________, 199______.
__________________________________________
My commission expires; Notary Public
APPLICATION FOR REFERENDUM PETITION NUMBER
Tribal Election Commission
WHITE MOUNTAIN APACHE TRIBE
P.O. Box 589
Whiteriver, Arizona 85941
The undersigned eligible voter intends to circulate and file a REFERENDUM petition and hereby makes application for the issuance of an official referendum number to be printed in the lower right-hand corner of each side of each signature sheet of such petition. Pursuant to Section 7.2 of the White Mountain Apache Election Code, attached hereto is the full text, in no less than eight point type, of the RESOLUTION or ORDINANCE (circle appropriate word) intended to be REFERRED at special election.
SUMMARY: A description of no more than one hundred words of the principal provisions of the Resolution or Ordinance that will appear in no less than eight point type on the face of each petition signature sheet to be circulated.
Signature of Applicant_____________________________________ Name of Organization if any_________________________________ Printed Name of Applicant_________________________________ Address_________________________________________________ Address________________________________________________ City____________________________State______Zip___________ City________________________________State____Zip________ Telephone Number________________________ Telephone Number___________________________ Date of Application__________________ Name of Officer and Title______________________ Signature required____________________ City____________________________State______Zip___________ Deadline for Filing ______________ Telephone Number________________________ Referendum Number Issued________ Name of Officer and Title______________________ For Tribal Election Commission Use Only City____________________________State______Zip___________ Telephone Number________________________
REFERENDUM DESCRIPTION APPENDIX E
(Insert a description of no more than one hundred words of the principal provisions of the resolution or ordinance sought to be referred.)
Notice: This is only a description of the ordinance or resolution sought to be referred prepared by the sponsor of the referral. It may not include every provision contained in the ordinance or resolution. Before signing, make sure the title and text of the ordinance or resolution are attached. You have the right to read or examine the title and text before signing.
PETITION FOR REFERENDUM
To the White Mountain Apache Tribal Election Commission:
We, the undersigned enrolled members and eligible voters of the White Mountain Apache Tribe of the Fort Apache Indian Reservation, respectfully order that Tribal Ordinance No. _____ or Tribal Resolution No._____, entitled ______________________________________ (title of ordinance or resolution number, and if the petition is against less than the whole ordinance or resolution, then set forth here the item, section, or part on which the referendum is used), proposed or adopted by the Tribal Council on _______________ shall be referred to a vote of the eligible voters of the White Mountain Apache Tribe at a special election for their approval or rejection at a special election and each for himself says: I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am an eligible voter of the White Mountain Apache Tribe of the Fort Apache Indian Reservation.
"WARNING"
It is a criminal offense for any person to knowingly sign a referendum petition with a name other than his or her own, except in a circumstance where he or she signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his or her own name because of physical infirmity, or to knowingly sign his or her name more than once for the same measure, or to knowingly sign such petition when he or she is not an eligible voter.
| Name(first and last name printed) | Voter Census No. | Address | Date Signed |
| 1______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 2______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 3______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 4______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 5______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 6______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 7______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 8______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 9______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 10______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 11______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 12______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 13______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 14______________________________ | ______________________________ | ______________________________ | ______________________________ |
| 15______________________________ | ______________________________ | ______________________________ | ______________________________ |
The validity of signatures on this sheet must be sworn to
by the circulator before a notary public on the form appearing on the reverse side.
_______PAID CIRCULATOR
________VOLUNTEER
ELECTION COMMISSION REFERENDUM NUMBER________________________________
AFFIDAVIT OF CIRCULATOR
STATE OF ARIZONA )
)ss.
County of _____________________________ )
I, _______________________________________________________, an eligible voter of the White Mountain Apache Tribe, under the penalty of law, depose and say that each individual signed this sheet of the
(Print name)
foregoing petition in my presence on the date indicated, and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is an eligible voter of the White Mountain Apache Tribe and that at all times during circulation of this signature sheet a copy of the title and text of the referred ordinance or resolution was attached to this signature sheet.
Signature of Circulator_____________________________________________________________________________________________________________
Printed Name of Circulator_________________________________________________________________________________________________________
Voter Census Number______________________________________________________________________________________________________________
Address of Circulator_______________________________________________________________________________________________________________
District where registered___________________________________________________________________________________________
If registered at a different address at any time during
circulation of this sheet, former address of Circulator__________________________________________________________________________________
Subscribed and sworn to before me this____________ day of ______________________________________________, 19_________.
________________________________________________________________________________________
Notary Public or Election Commission Member
My commission expires on the __________ day of
___________________________________________, 19_______.
ELECTION COMMISSION REFERENDUM NUMBER________________________________
4/23/97