Cedarville Rancheria Ordinances
Last amended: 2003
SECTION 1. AUTHORITY
This Election Ordinance is established by the Community Council (CC) of Cedarville Rancheria (CR) under authority delegated to it by Article V, of the Constitution and bylaws of the Cedarville Rancheria in Modoc County, California which reads as follows:
ARTICLE IV, SECTION 3. EXECUTIVE COMMITTEE
"The membership shall elect an Executive Committee of three members which shall enact an Ordinance as set forth in Section 2. The terms shall expire as follows: shall serve three year terms The candidate in each instance receiving the second highest vote total shall serve as alternates for the corresponding terms of Executive Committee members. The Executive Committee shall be responsible for screening candidates calling and conducting elections, setting any election disputes, certifying election results and installing successful candidates. The Tribal Administrator shall administer oaths of office. The Executive Committee shall establish its own rules of procedure. Members of the Committee subject to the recall provisions of Article VII, Section 2."
ARTICLE V, SECTION 2. ELECTION ORDINANCE.
The Community Council shall enact an Ordinance governing elections and setting forth the procedures to be followed in conducting each of the various types of elections. Such Ordinance shall include provisions for secret ballots, registration of voters, screening candidates and settling election disputes. A separate section of the Ordinance shall spell out the procedure and format to be used whenever it is necessary to submit petitions for any purpose to the Executive Committee or any office or Housing Committee Chairperson. Wherever practical such Ordinance shall include provisions of the State or local election regulations. The Ordinance shall also include provisions for run-off elections in case of tie votes."
SECTION 2. PURPOSE
The Intent and purpose of this Ordinance is to establish procedures for fair elections and to ensure the secrecy and sanctity of the ballot. The regulations and procedures contained in this Ordinance shall be administered in such a way as to accomplish this purpose and intent.
of disputes as to compliance with these regulations, substantial, rather
than complete compliance with these regulations shall be deemed adequate
SECTION 3. DEFINITIONS
GENERAL ELECTION: The election of Tribal Chairperson,Treasurer, Secretary, Housing Committee Chairperson and two (2) Housing Committee Members held in January every 3 years.
MAJORITY: More than half of the votes cast for a particular office, measure, etc.
EXECUTIVE COMMITTEE: The Executive Committee is 3 members governing body established by Article IV, Section 2, of the Constitution.
COMMUNITY COUNCIL: The Community Council is the governing body of the Cedarville Rancheria composed of all qualified voters of the rancheria who are eighteen (18) years of age or older established by Article IV, Section 1, of the Constitution.
CONSTITUTION: The Constitution and Bylaws of the Cedarville Rancheria.
POLLING PLACE: Location designated by the Executive Committee where balloting takes place.
REGISTRAR: A person designated by the Executive Committee to accept registration of voters.
ELECTION NOTICE: The official notice that an election will be held on a specific date established by the Election Committee.
DATES OF EVENTS: In determining the date of any event pertaining to elections which is fixed by this Ordinance as occurring a certain number of days before or after an election, the day of election shall not be counted, but the day of any other event shall be counted. When the date of the event shall fall on a Saturday, Sunday, or a holiday, the event shall take place on the next working day. When such changes are necessary, the entire sequence of events shall be adjusted so as to maintain the required number of days between each event.
QUALIFIED VOTERS: Any member of the Cedarville Rancheria who will be at least eighteen (18) years of age on election day.
DULY REGISTERED: To be duly registered a person must meet the following qualifications:
1. Be at least eighteen (18) years of age on election day.
2. Complete the necessary enrollment forms to effect registration as required by Section 4, of this Ordinance.
REGISTERED VOTERS: One who is qualified to vote by reason of meeting all the requirements listed under " duly registered."
SECTION 4. VOTER REGISTRATION AND VOTING LISTS
4-a. Registration Records.
The official register shall be the Enrollment Forms "Enrolled Members" to record all necessary information.
4-b. How to Register as a Voter.
Any member of the Cedarville Rancheria otherwise qualified to vote, may complete the Enrollment Forms either in person, or by mail with the Tribal Office Staff.
SECTION 5. GENERAL ELECTION
A general Election shall be held on the first Sunday of January every three years. In the event a holiday falls on an election day or for some other reason it is not advisable hold an election at the specified time, the Executive Committee shall designate an alternate time to conduct the canceled election. Such date for the General Election shall be no later than the last day of January.
SECTION 6. TYPES OF ELECTIONS
6-a Election of the Executive Committee Members.
(1) Qualification for Executive Committee Candidates. Any member of the tribe may announce his or her candidacy for a specific position on the Election Committee provided the following qualifications are met:
(a) Must be at least eighteen (18) years of age by the date of the election in which he desires to compete;
(b) Must have physically resided within the Modoc County area. The Executive Committee shall rule on whether any prospective candidate meets residence or any other qualifications.
(c) Must not have been convicted or a felony or misdemeanor involving moral turpitude such as but not limited to, fraud, embezzlement, or theft provided that persons who have completed their sentence for such conviction at least ten (10) years prior to the date of the election in which they intend to run for office.
(d) Must be honorable.
(e) Each prospective candidate must disclose to the Executive Committee any personal, financial and business interests that may create a conflict if that person is elected. Once elected each council member shall report to the Community Council and Executive Committee any situation that may create a conflict while in office.
It is the Executive Committee's duty to certify candidates for elected Tribal offices. It is also the Community Council's duty to make inquiries into areas of known conflict if not disclosed by a prospective candidate. A candidate's failure to disclose known areas of potential conflict may result in a finding of disqualification by the Community Council. The Executive Committee has no Authority to disqualify a candidate based on a potential conflict of interest which is disclosed.
Within 24 hours of notification of disqualification under this Section 6 such candidate may request in writing a hearing before the Community Council to contest the Executive Committee's decision. Such hearing shall be held within 48 hours, after which the Community Council will render a decision within 24 hours. The decision of the Community Council shall be final.
(2) Nomination Procedure. Candidates shall file, in person, for a specific position by submitting to the Executive Committee in writing. Nomination shall be filed with a person, and at a place, on dates and within hours as designated by the Executive Committee. Such information shall be typewritten and furnished to each member when they receive their candidacy papers.
In the event that, at the completion of the canvas of the General Election results, the tally reveals that any candidate has received the same number of votes received by another candidate in that contest, the Executive Committee will conduct a recount of the ballots cast in that contest. Should a tie exist at the completion of the recount the Executive Committee will conduct a special "run-off" election limited to the tied candidates. Such run-off election shall be immediately noticed to be held not more than fifteen (15) days from the date of the General Election.
Tie Votes Involving Issues. Referendum. Recall or Constitutional Amendments.
In the event that, at the completion of the canvas of results of any election involving issues, referendum recall or constitutional amendments, the affirmative and negative votes are tied, the Executive Committee will conduct a recount of the ballots cast. Should a tie vote exist at the completion of the recount the Executive Committee shall conduct a special election limited to the tied issue, referendum, recall or constitutional amendment contest. Such special election shall be immediately noticed to be held not more than thirty (30) days from the date of the election in which the tie vote occurred.
CONTEST OF ELECTION RESULTS.
17-a. Primary, General and All Other Elections - Grounds for Contest.
Any qualified voter of the Tribe may contest any Election result for any of the following causes:
(i) Any member of the Executive Committee was guilty of malconduct in the performance of his or her duties on the Community Council.
(ii) That any candidate has given to any elector or member of the Executive Committee any bribe or reward for the purpose of procuring his election.
(iii) That illegal votes were cast.
(iv) That the Executive Committee in conducting the election or in canvassing the returns, made errors sufficient to change the results of the election as to any person who has been declared elected.
(v) That there was an error in the vote counting or summation of ballot counts sufficient to change the results of an election.
(vi) That a candidate knowingly submitted false information to the Community Council at the time of his or her qualification.
(vii) All elected officers are subject to a 3 month probation period before recall with substantial evidence.
The Executive Committee may amend this Ordinance by a majority vote of a quorum at any duly noticed meeting of that body, provided, that amendments may not be made at any time during an election in progress.
RATIFICATION OF ELECTION ORDINANCE.
The Election Ordinance shall become effective upon approval by a majority of the Executive Committee members in a duly called and noticed Executive Committee meeting. Upon approval of this Ordinance, and all previous Cedarville Rancheria Election regulations enacted prior to this Ordinance shall be expressly revoked.
Any portion of this Ordinance in conflict with the Tribal Constitution and Bylaws shall be superseded by the Tribal Constitution and Bylaws.
OF AMENDMENTS AND ENACTMENT
OF AMENDED ELECTION ORDINANCE
We hereby certify that the foregoing Election Ordinance was duly amended and enacted by the Executive Committee of the Cedarville Rancheria at a meeting held at Cedarville Tribal Ofc. on this 30 day of January, 2003 with 3 members present and the vote being 2 for a 0 against said amendments and enactment. The Chairperson not voting.
|Virginia Lash, Chairperson||Marisha Noneo, Tribal Treasurer|
|Eugene Lash, Tribal Secretary|