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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Minnesota Chippewa Tribe Election Ordinance No. 10
Chapter II. Conduct of Elections

Section 1. Election Security Measures

Section 2. Voting Procedures

Section 3. Counting of Votes

Section 4. Certification and Posting of the Election Results

MN Chippewa EO Ch. II
Chapter II. Conduct of Elections

The General Reservation Election Board will be responsible for the overall conduct of the election and will perform all duties assigned to it by this Ordinance in an unbiased fashion, including the safekeeping of election materials, the processing and counting of absentee ballots, the certification and posting of election results, and the consideration of recount requests.

Revised December 8, 2009.

MN Chippewa Tribe Elec. Ord.. Ch. II, MN Chippewa EO Ch. II

 




MN Chippewa EO Ch. II, § 1
Section 1. Election Security Measures

Except as specifically provided herein, the General Reservation Election Board is responsible for implementation of the election security measures listed below. In the event that the Tribal Executive Committee designates an outside organization to provide technical assistance and/or election related services, the General Reservation Election Board will be responsible for monitoring the performance of said organization to ensure compliance with the provisions of this Ordinance.

A. Storage and Distribution of Voting Materials.

1. Except when a Band governing body has decided to use an automated ballot tabulation system, the Tribal Executive Committee will be responsible for preparing ballots for all elections for Band governing body positions and for making them available to the General Reservation Election Boards at least thirty (30) days prior to the election. The Tribal Executive Committee will take reasonable steps to ensure that all ballots are subject to secure storage conditions, prior to, and during delivery to the General Reservation Election Boards. When an automated system is used the supplier shall also be responsible for ballot security and other measures related to the integrity of the election process.

2. The General Reservation Election Board will take reasonable steps to ensure that all accountable voting materials, and especially ballots, are subject to secure storage conditions, prior to, during and after the election. The General Election Reservation Board will also ensure that security measures are in place for the commencement and finish of voting that allow for public verification of the sealing and unsealing of ballot boxes.

3. The General Reservation Election Board will keep all election records, including the following items, under lock and key for at least a ninety (90) days following election day or until all contests and appeals have been completed: Ballots, both used and unused, information on each request for an absentee ballot, a record of the date on which each request for an absentee ballot was received, the date on which the absentee ballot was mailed out, the date on which the absentee ballot was received and from whom it was received; any reports from the General Reservation Election Board or a District Election Board; challenge and complaint records; count totals and results, as well as decisions on the validity of ballots. Absentee ballots received by the General Reservation Election Board by mail after the cut-off date and time as specified in Section 2, will be kept separate from all of the other ballots.

4. The ninety (90) day requirement notwithstanding, such materials will be made available at the discretion of the Court for contests and/or appeals, if so authorized by the relevant provisions of Chapter III of this Ordinance. Any materials so released will only be released in accordance with, and for the express purposes(s) set forth in this Ordinance.

B. Security in Voting Areas.

1. The District Election Board will ensure that ballot boxes are continuously monitored by at least two members of the Board from the time the polls open on election day to the time the polls close.

2. It is the duty of the District Election Board to maintain orderly conduct within the surroundings of the polling place and prohibit any person from electioneering in a public places within two hundred (200) feet of the polling place. The District Election Board will also take reasonable steps to ensure that voters have barrier-free and easy access to the polling station.

3. Any person who engages in behavior that distracts, interrupts, or interferes with the Election or the work of the Board will be removed and excluded from the premises.

Revised December 8, 2009.

MN Chippewa Tribe Elec. Ord.. Ch. II, § 1, MN Chippewa EO Ch. II, § 1




MN Chippewa EO Ch. II, § 2
Section 2. Voting Procedures

The procedures of this section shall not apply when the Band governing body chooses to use an automated ballot tabulation system. When such a system is used the Election Board shall apply the controls and procedures prescribed by the vendor to ensure the integrity of the process of casting and counting all valid ballots.

A. Voting at Polling Place.

1. Instructions to voters describing the manner of casting one's vote will be posted at the polling place and issued upon request to all eligible voters with a ballot.

2. The polls will remain open at each polling place from 8 a.m. until 8 p.m. on Election Day.

3. When all else is in readiness for the opening of the polls, the District Election Board Chair in each district will open the ballot box in view of the other District Election Board members, and also in view of any members of the general public then in attendance, will turn same top down to show that no ballots are contained therein and will lock the box and retain the key in his/her possession until after the polls are closed and until the count of the ballots is started. In the event that the Tribal Executive Committee designates an outside organization to provide election assistance, such as the provision of ballot boxes, an official from said company may be allowed to retain the key in his/her possession. The Ballot boxes will remain locked from the commencement of voting through the close of voting, when they are opened for removal of the ballots for counting.

4. The Clerk will make a record of each eligible voter presenting himself/herself at the polls. The voter must sign the register or make his or her mark. The Clerk in his/her discretion may require additional proof of identity.

5. All voting is by secret ballot. The voter will vote in privacy, by indicating with a mark on the name of the candidate(s) supported by the voter. The voter will then hold the ballot so the choice cannot be seen by others, and place it in the ballot box provided. It will be the duty of the Chair, or the Chair's designee, when requested by a voter, to have such voter assisted in casting a ballot.

6. If a voter mutilates a ballot or renders the ballot unusable, another ballot may be obtained. Upon surrender of the mutilated ballot, the Judge will write the word “Disqualified” across the ballot and sign his/her name beneath it, have another ballot issued in lieu thereof and will place the spoiled ballot in a large envelope marked “mutilated ballots.” The envelope containing all mutilated ballots will be placed in the ballot box at the end of the voting. All such spoiled ballots will be retained along with the other election materials as specified in this Chapter.

7. Ballots unused at the end of the voting will be tied together, and the bundle will be marked “unused” in ink, signed by at least two members of the District Election Board, and placed in the ballot box at the end of voting. All such unused ballots will be retained along with the other election materials as specified in this Chapter.

B. Absentee Ballot Voting Procedures.

1. The General Reservation Election Board will give or mail ballots for absentee voting to eligible voters upon receipt of a signed written request from such voters. The General Reservation Election Board will give immediate attention to all such requests and will process the requests to permit voters reasonable time to execute and return their absentee ballots within the time allowed by this Ordinance; provided that any eligible voter who requests and receives an absentee ballot in person will be required to cast the ballot with the General Reservation Election Board on the same day. Documents which will be given or mailed to the voter requesting an absentee ballot under this section will include: a) the absentee ballot; b) an inner envelope, bearing on the outside the words “Absentee Ballot” and; c) a pre-addressed outer envelope which, on the reverse side of which there will appear an affidavit as follows:

AFFIDAVIT

State of _______________

County of _______________

I, ____________, do solemnly swear that I am an enrolled member of the Minnesota Chippewa Tribe, that I will be at least eighteen years of age on the election date and am entitled to vote in the election to be held on ____________, 20__.

I have marked the ballot that I requested and received from the Election Board and enclosed and sealed the same in the envelope marked “ABSENTEE BALLOT.” It is enclosed in this envelope.

Signed:_______________

(Voter)

Subscribed and sworn to before me this ____ day of ____________, 20____. I hereby certify that the affiant properly identified himself/herself to me and signed this Affidavit in my presence.

 

 

 

 

[SEAL]

______________________________________

 

Notary Public

2. In no case may a candidate or member of a candidate's immediate family be the notary public who administers the oath.

3. Those voting by absentee ballot will execute to the required affidavit, mark the ballot to indicate candidate preference(s), acquire witness of a notary public, place the ballot in the envelope marked “Absentee Ballot”, seal the envelope, place the sealed envelope marked “Absentee Ballot” in the outer pre-addressed envelope, and mail it or deliver it in person.

4. Those wishing to vote by absentee ballot must ensure that their outer pre-addressed envelope with enclosed inner envelope and absentee ballot are delivered to the designated post office box one half hour before closing of the relevant post office on Election Day. Any absentee ballots received by mail thereafter will be declared invalid and will be kept separate from the other ballots.

5. Absentee Ballots that are hand-delivered must be received by the General Reservation Election Board no later than the close of the polls on Election Day. Any ballot that is hand-delivered must be delivered by the absentee voter himself/herself. Any voter who walks into the polling place on Election Day with an unmarked absentee ballot may choose to have the ballot voided, recorded as void, and proceed to vote as a regular voter.

Revised December 8, 2009.

MN Chippewa Tribe Elec. Ord.. Ch. II, § 2, MN Chippewa EO Ch. II, § 2

 




MN Chippewa EO Ch. II, § 3
Section 3. Counting of Votes

A. The Tally.

At the close of the polls, all election materials will be transported to the counting room, if the counting is to take place in a location other than the polling place. Thereafter, the District Election Board will unlock the ballot box(es); remove the regular ballots; and tabulate the votes according to the procedures established in this Ordinance, or by such other process as may be required by an automated election system.

The District Election Chair and at least two other members of the District Election Board will remain continuously in the room until all the ballots are finally counted.

B. Observing the Tally.

At least two members of the District Election Board must view each ballot, and each counter will keep a separate tally of the votes cast. Any eligible voter may be present at the tally so long as the voter behaves in a manner consistent with the requirements of this Ordinance.

C. Rejection of Ballots.

If, during the tallying of the votes, the members of the District Election Board are unable to determine from a ballot the choice(s) of the voter, the ballot will be rejected. A rejected ballot will be marked “rejected” in ink. Each member of the Reservation Election Board will sign their name below this marking. Rejected ballots will be kept together, and placed in the Ballot Box at the end of the tally.

D. Close of Tally.

At the close of the tally, the District Election Board will open the ballot boxes and display the empty box to all persons present to ensure that no ballots are contained therein; determine the total votes cast for each candidate for each office; write down these totals, together with the number of rejected ballots, spoiled ballots, unused ballots and total ballots printed; return the ballots to the boxes, lock and mark the boxes, and turn over the certified election returns of the District, along with the ballot boxes, and the list of those registered and voting to the General Reservation Election Board.

E. Counting the Absentee Ballots.

1. Upon arrival at the polling place, the Chairperson immediately will deliver the still sealed ballots to the remaining members of the General Reservation Election Board, who will deposit them in a special locked ballot box.

2. Prior to counting the absentee ballots, the General Reservation Election Board will determine whether the person whose name is on the outer envelope and affidavit is a qualified voter, and whether the qualified voter is on the absentee ballot list. The General Reservation Election Board will then count and register absentee votes after all other ballots have been counted and will include such votes in the results of the election. The provisions of Sec. 3.B. and C. of this Chapter will apply to the counting of the absentee ballots, except that the General Reservation Election Board will perform the listed duties with regard to absentee ballots, instead of the District Election Board.

Revised December 8, 2009.

MN Chippewa Tribe Elec. Ord.. Ch. II, § 3, MN Chippewa EO Ch. II, § 3




MN Chippewa EO Ch. II, § 4
Section 4. Certification and Posting of the Election Results

A. It will be the responsibility of the General Reservation Election Board to certify the results of each election. The General Reservation Election Board will convene in a place selected by them and at a time prior to 8:00 p.m. on the day following the election day to receive the certification of the results of the election from each District and will certify the return of the absentee votes.

B. The General Reservation Election Board will publish and post within two (2) days after the day of the election the results of such election, in the voting Districts, and in other public places throughout the Reservation for the information of the tribal members. Such returns will also be forwarded to the Tribal Executive Committee within the same time period.

Revised December 8, 2009.

MN Chippewa Tribe Elec. Ord.. Ch. II, § 4, MN Chippewa EO Ch. II, § 4

 

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