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Little River Band of Ottawa Indians, Ordinances and Regulations

Amended: June 6, 2001



Chapter R200 - Membership; Election


GENERAL ELECTION OF TRIBAL OFFICIALS

Section 1. Authority

Pursuant to Article X of the Tribal Constitution, the Little River Band of Ottawa Indians Election Board hereby publishes the Rules and Regulations it deems necessary for the General Election of Tribal Officials, as adopted January 16, 2001.


Section 2. General Elections

       There shall be a biennial spring election designated as the General Election held in every odd numbered year on the last Friday of April, unless otherwise scheduled by the Election Board, for the general election of Tribal Officials. Special elections to full vacancies in tribal offices or for the submission of any questions or initiatives to the registered voters of the Tribe shall be held as separately scheduled by the Election Board.

       Only qualified tribal members who have been duly registered as tribal voters by the Election Board may cast ballots in tribal General Elections. All General Elections shall be conducted entirely by secret mail ballot, unless otherwise provided for by the Election Board. The homes of registered voters are designated as polls' for voting purposes, as provided in Article IX, Section 3(b) of the Tribal Constitution.


Section 3. Voting Districts

There shall be two (2) voting districts:

  1. Nine County: That area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Ottawa, and Wexford Counties, in the State of Michigan.
  2. Outlying District: That area lying outside the are constituting the Nine County District.


Section 4. Elected Officials

  1. Tribal Ogema: The Tribal Ogema shall be elected to a four (4) year term at every other General Election, beginning in April 2003.
  2. Tribal Council. Tribal Council members shall be elected to staggered four (4) year terms, according to the expiration of their terms from the first tribal election, in the following manner:
    1. Nine County District: Three (3) of the six (6) positions elected by the tribal voters registered in the Nine County District shall be elected every other General Election, beginning in April of 2001. The remaining three (3) positions shall be elected at every other General Election, beginning in April of 2003.
    2. Outlying District: The one (1) position elected by the tribal voters registered in the Outlying District shall be elected at every other General Election, beginning in April of 2001.
    3. At Large: One (1) of the two (2) positions elected by the registered tribal voters from both voting districts shall be elected at every other General Election, beginning in April of 2001 . The remaining one (1) position shall be elected at every other General Election, beginning in April of 2003.


Section 5. Qualifications for Office

  1. Tribal Ogema: Any member of the Tribe who is twenty-five (25) years of age or older, who has resided within the Nine County District for at least six (6) months prior to the date of the next scheduled General Election may serve as Tribal Ogema.
  2. Tribal Council: Any member of the Tribe who is twenty-one (21) years of age or older, who has resided within the State of Michigan for at least six (6) months prior to the date of the next scheduled General Election may serve on the Tribal Council.


Section 6. Election Announcement

At least ninety (90) days prior to the date of a General Election, the Election Board shall prepare and post at each Tribal Office, and arrange to publish in the Tribal newsletter, an election announcement setting out the date of the election, the manner in which the vote is to be taken (mail/polling places/absentee ballots), the offices to be elected, the procedure for establishing candidacy, and the time limits et for each stage of the election process. The Board may include in the announcement any other items it deems advisable to further the election process, including voter registration information.


Section 7. Declaration of Candidacy

       Any qualified tribal member who seeks to run for an elected tribal office shall file with the Election Board at least sixty (60) days prior to the date of the next scheduled General Election, a Declaration of Candidacy, certifying that he or she meets all of the requirements to be a candidate. The Election Board will provide forms for that purpose and shall verify the qualifications of all candidates. No tribal member may be a candidate for Tribal Ogema and Tribal Council at the same time. At the close of the declaration period, the Board will certify the slate of candidates for the General Election.

       Along with the Declaration of Candidacy, each candidate must file with the Election Board a brief biographical statement and a summary of his or her reasons for seeking a tribal office. The Board may request further information from candidates to include in election programs it conducts.

       Only names of verified declared candidates shall appear on the election ballots. Only verified declared candidates may participate in any candidate information bulletin or public forum conducted by the Election Board. All candidates, declared or undeclared, shall be subject to the jurisdiction of the Election Board and its Rules and Regulations.


Section 8. Prohibited Campaigning

       No campaigning shall take place in any of the Tribal offices, Tribal buildings, Tribal enterprises, or on any Tribal grounds adjacent thereto.

       No campaign signs may be posted or erected on any Tribal property, except for signs on residential property with the owner/tenant's permission.

       The term "campaigning" means an activity that is part of any organized efforts to solicit support for the election of; or in opposition to, specific candidates for office. Campaign activities in support of; or in opposition to, specific candidates include: soliciting or making contributions, distribution of campaign literature or signs, canvassing (in person, by phone, or by other means), and organizing/holding meetings or gatherings. Campaigning does not include actions by which a person merely expresses his or her support for a candidate (s) verbally or by wearing a button or by placing a sign or sticker on his or her property.


Section 9. Campaign Financing

       A candidate may solicit and accept funds or other contributions for his or her campaign provided that:

  1. Only individuals may make contributions to campaigns.
  2. No contributions from non-Tribal members may be solicited or accepted unless received from members of the candidate's immediate family (parent, stepparent, spouse, sibling, stepsibling, child, or other person residing in the same household). Funds received from such family members may not be derived form other people or organizations.
  3. A record of all contributions is kept. Such record must identify the person making the contribution, the date received, and the amount or type of contribution made.

       Each candidate shall be responsible for the control and recording of the financial activities of his or her campaign, including the activities of other tribal members campaigning on his or her behalf.

       Within five (5) business days following the date of a General Election, each candidate shall report to the Election Board all campaign contributions received and expenditures made on his or her behalf. Such report shall include all individual contributions, listing the name and address of each person making a contribution and the amount contributed. The failure of a candidate to file the report within the time required will result in a fine of $15.00 per day.

       Contribution means the donation of money or in-kind donation of a person's efforts or services (1) personal or professional) in support of a particular candidate or candidates.


Section 10. Election Disputes

       Campaign violation matters and election disputes filed with the Election Board, except for election challenges as provided in Section 15 of these Rules and Regulations, will be investigated and decided in such formal or informal proceedings as the Board deems appropriate, with a view to avoiding undue delay or interference with the timeliness of the election process.


Section 11. Election Ballots

       The Election Board shall prepare and mail official election ballots to registered tribal voters at least forty-five (45) days prior to the date of the scheduled General Election. Such ballots shall contain the instructions as to the method of voting. Ballots not completed in accordance with such instructions will be counted as spoiled.

       Ballots shall be prepared in such manner that the registered voters may write, print or paste the name of a candidate thereon. An incumbent designation shall be printed on the ballots under the printed names of each candidate who is running for election to the office he or she then holds. Ballots other than the official ballots shall not be used, cast or counted in any election.

       To be counted, completed ballots must be returned by mail and received by the Election Board at its post office address prior to 12:00 Noon on election day.


Section 12. Voting

       Each registered voter shall be entitled to case one (1) vote for each vacancy on the Tribal Council for the district in which such voter resides and one (1) vote for the at large vacancy on the Tribal Council. No more that one (1) vote per candidate may be cast. Each registered voter shall be entitled to case one (1) vote for a candidate for the office of Tribal Ogema.

       Each registered voter shall vote by ballot by marking the square at the left of the names of those candidates for whom the voter desires to vote, but in no case for more candidates for any office than is indicated under the title of each office. A voter may, however, cast a write-in vote for a qualified tribal member whose name is not printed on the ballot.


Section 13. Election Results

       As soon as practicable after the close of the General Election, the Election Board shall perform a count of the ballots and certify the results. Candidates for tribal office may choose a representative to be present when the election ballots are counted.

       The Tribal Ogema shall be the candidate seeking office who receives a majority of the tribal votes case for that position. If no one (1) candidate receives a majority of the votes cast, a run-off election shall be held between the two (2) candidates who received the highest number of votes.

       For each voting district, the Tribal Council candidate(s) receiving the highest number of votes shall be elected to fill each vacancy according to the rank order of votes received.

       Any time vote affecting the outcome of an election shall be determined by lot in the manner approve by the Election Board.


Section 14. Recounts

       Within two (2) business days following the date of certification by the Election Board of the results of a General Election, a candidate for any office may petition the Board for a recount of the votes for that office, specifying the nature of the error(s) or fraud(s) alleged to have occurred. Upon receipt of such petition, the Board shall forthwith notify all opposing candidates and may request the filing of responses to the petition. In determining whether to grant or deny the petition, the Board may conduct such further inquiry as it deems appropriate.

       If, after inquiry, it appears to the Board that there is good reason to believe that there has been error or fraud committed as alleged in the petition, it shall grant the petition and conduct a recount as requested forthwith. If no such good reason is found, the petition shall be denied.


Section 15. Election Challenges

       Within five (5) business days following the date of a General Election, any tribal member may file a written election challenge with the Election Board, specifying the grounds for the challenge and setting forth sufficient facts to demonstrate that the challenged act(s) or omission(s) would have affected the outcome of the election. Upon receipt of such challenge, the Board shall forthwith notify all concerned parties and may request the filing of responses to the challenge. In determining the validity of a challenge, the Election Board may conduct such further inquiry and hold such hearings, formal or informal, as it deems appropriate.

       Any election challenge requesting the recount of votes must be filed as a recount petition within the time allowed under Section 14 of these Rules and Regulations.


Section 16. Penalty

       Any person or persons, group or organization, who violate the provisions of these Rules and Regulations shall be responsible for a civil infraction, punishable by a fine of not more than $500.00 for each violation.


General Election of Tribal Officials
Election Board Rules and Procedures
Adopted - January 16, 2000
Updated: June 6, 2001 (10:14am)

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RECALL OF ELECTED OFFICIALS


Section 1. Authority

Pursuant to Article IX and X of the Tribal Constitution, the Little River Band of Ottawa Indians Election Board hereby publishes the Rules and Regulations it deems necessary for the Recall of Elected Tribal Officials, as adopted April 27, 2000 and amended August 30, 2000.


Section 2. Officials Subject to Recall

       The Tribal Ogema or any member of the Tribal Council is subject to recall by the qualified and registered voters of the Tribe. No recall petition shall be filed or circulated against any elected official until that official has been sworn in and has held his or her office for a period of six (6) months during the current term of that office. An official sought to be recalled shall continue to perform the duties of his or her office until the affirmative result of an election recalling that official is certified by the Election Board, at which time his or her office is deemed to be vacant.


Section 3. Recall Petition Form

       A recall petition must conform to the requirements of these Rules and Regulations, and shall be in a form and require such information as is approved, from time to time, by the Election Board. Generally, the required information will include the name of the official and the office from which he or she is sought to be removed, a clear and concise statement of the reasons for which recall is sought, the identity of the principal sponsor of the recall, the identity and certification of the person who is circulating each recall petition page, as well as the signatures, printed full names, tribal membership numbers, residence addresses, and signing dates of the signatories to the petition. A sample form is attached to these Rules and Regulations.

       The Election Board will maintain approved blank forms of recall petition and will provide sample copies to the principal sponsor of the recall effort. The required form and information for determining the validity of a recall petition is that form which is approved by the Election Board and is in effect at the time the Board approves the clarity and truthfulness of the stated reasons for seeking the recall.


Section 4. Petition Sponsor and Circulators

       A recall petition must have a principal sponsor, to whom the Election Board shall direct all correspondence, communications, and notices. The principal sponsor must be a qualified and registered voter of the Little River Band of Ottawa Indians, and his or her name must appear on each petition page along with the mailing address and telephone number. The principal sponsor is responsible to oversee the initiation of the petition, its circulation and the collection of signatures, and the submission of the circulated petition for verification and determination of sufficiency by the Board.

       Any qualified and registered voter of the Little River Band of Ottawa Indians may circulate one or more recall petition pages, however, there must be only one (1) circulator for each page.

       On each petition page, the circulator must certify that he of she is a qualified circulator and further that no signature on the petition was obtained through fraud, deceit, misrepresentation, that he or she has neither caused nor permitted a person to sign the petition more than once and has no knowledge of a person signing the petition more than once, that each signature on the petition was signed in his or her presence on the date shown, and that to his or her best knowledge and belief, each signature is the genuine signature of the person purporting to sign the same, that the person was at the time of signing, a qualified and registered voter of the Little River Band of Ottawa Indians, residing at the address shown, and that the signature was solicited and obtained in compliance with these Rules and Regulations.

       The circulator must execute and date the Certificate of Circulator only after all signatures appearing on that petition sheet on the date of filing with the Election Board have been obtained. Signatures that were obtained after the date the circulator signs the Certificate or that appear on a petition sheet which the circulate does not sign and date, shall not be valid. A circulator may sign the main body of the petition prior to certifying the petition.


Section 5. Determination of Clarity

       Before being circulated, a recall petition shall be submitted to the Election Board. Within thirty (3) calendar days after submission, the Board shall determine whether the reasons for recall stated in the petition are of sufficient clarity to enable the voters and the official whose recall is being sought to identify the course of conduct (while in office during the current term) which is the basis for the recall. Further, the Election Board shall determine whether the reasons for recall are accurate and truthful

       In making these determinations, the Board may conduct such inquiry as it deems appropriate, and may hold a hearing to receive arguments from the sponsors of the recall and the official whose recall is being sought on the clarity and truthfulness of the stated reasons for recall. The Board may also consider any agreement between the sponsors and the official upon the clarity and truthfulness of the language.

       If the reasons for recall are determined to be unclear and/or untruthful, the submitted petition language shall be rejected by the Election Board. If the reasons for the recall are determined to be clear and truthful, the sponsors of the recall shall have a period of 180 days from the date of the Board's approval of the language to file recall petitions for validation.

       If the Election Board approves the recall petition language, it will prepare an approved petition form for circulation containing all information required at that time. Only that approved form may be circulated for collecting signatures. Any recall petition page not on that approved form shall be invalid and all signatures thereon shall be invalid as well.


Section 6. Required Signatures

       A valid recall petition must contain the verified signatures of at least 25% of the qualified and registered voters of the Tribe. Where recall of a Tribal Council member is being sought, at least 50% of the verified signatures must be of qualified and registered voters who are eligible to vote in the election of that member. The minimum number of verified signatures required shall be determined as of the date the Board approves the clarity and truthfulness of the recall petition language.

       Only a person who is a qualified and registered voter of the Tribe shall be entitled to sign a recall petition, and each signer shall, at the time of signing a recall petition page, personally affix his or her signature (as registered), printed full name, tribal ID number, complete residence address, and the date of signing. No ditto entries are allowed. No signature shall be solicited or obtained at or on the grounds of any Tribal offices, Tribal facilities, or Tribal enterprises, or at any official Tribal meetings or functions

       All information in a recall petition shall be public and available to any and all members of the Little River Band of Ottawa Indians. Each person signing a petition shall be deemed to have consented to and approved the public availability of the information contained thereon. Each person signing a recall petition is deemed to know the purpose and reasons for the petition, and may not later revoke or withdraw his or her signature, if it is otherwise valid.


Section 7. Filing Circulated Petitions

       A circulated recall petition shall be presented to the Election Board for validation, along with a statement by the principal sponsor indicating the number of signatures claimed and certifying that the signatures were solicited and collected in accordance with these Rules and Regulations. The Board shall give a receipt showing the date of filing, the number of petition sheets filed, and the number of signatures claimed. This shall constitute the complete filing and no additional petition sheets or signatures for this filing shall be accepted. Where recall sponsors seek to file petitions against multiple officials, the Board may receipt for such petitions sequentially at reasonable intervals.


Section 8. Validation of Signatures

  1. A recall petition shall be invalid where:
    1. not on the approved form as is issued by the Board
    2. form has been materially altered
    3. Statement of reasons for recall has been altered
    4. name of tribal official or tribal office has been altered
    5. circulator of page was not qualified to circulate the petition
    6. Certificate of Circulator not signed
    7. signature of circulator does not match registered signature
    8. Certificate of Circulator not dated
    9. Certificate of Circulate not complete
    10. other irregularity on petition page
  2. A signature on a petition page shall be invalid where:
    1. no printed full name
    2. no Tribal ID number
    3. no complete residence address
    4. signer can't be identified
    5. not a qualified and registered voter
    6. does not match registered signature
    7. not dated, date illegible or dittos used
    8. dated after Certificate of Circulator date
    9. a duplicate (or multiple) of signature on petition
    10. other irregularity in signature entry
  3. A signature shall not qualify for the residence requirement where:
    1. no complete residence address
    2. residence not established
    3. address does not match registered address
    4. address not in required district
    5. other irregularity in address entry
  4. Individual signatures that are found to be invalid appearing on an otherwise valid petition page shall:
    1. not be counted in the total necessary to validate the petition.
    2. not invalidate any other valid signature found on the same valid petition.
  5. All signatures on an invalid petition page shall be considered invalid.
  6. In the event a tribal member's signature appears on a petition more than once, all but one of the signatures
    shall be stricken as invalid.
  7. Validation or invalidation (with reason) of each signature shall be marked directly on the petition page where the signature appears, or on a schedule(s) prepared by the Board for that purpose.

Section 9. Challenge to Signatures

       Not later than three (3) business days following the official receipt of a recall petition by the Election Board for validation, the Board shall notify in writing the official whose recall is being sought. Copies of the petition pages shall be posted and made available to the official who is the subject of the petition.

       The official whose recall is being sought may challenge the validity, qualification, or authentication of the signature of a person whose name appears upon a recall petition. The challenge shall be in writing, specifying the challenged signature, the reasons for the challenge, and shall be delivered to the Election Board within seven (7) days after receipt of the Board's notification.

       Disputes over the validity of signatures and the sufficiency of the petition shall be decided by the Election Board, whose decisions shall be final and conclusive.


Section 10. Sufficiency of Petitions

       The Election Board shall specify the signatures on petition pages and determine the validity of the recall petition within thirty (30) days of its official receipt by the Board. If the petition is deemed to be insufficient and is not approved by the Board, the recall process shall be concluded. If the petition is determined to be valid and is approved by the Board, a recall election shall be held within ninety (90) days of that approval. Provided, however, that of the term of office for the official being recalled will end within six (6) months of the date the Election Board verifies and approves the recall petition the issue will be held until the next regularly scheduled election.


Section 11. Recall Election

       The reason for demanding the recall of the official as set forth in the petition shall be printed on the recall ballot used at the election in not more than 200 words. Of the statement of reasons set forth in the petition shall contain more than 2000 words, the statement shall be condensed by the principle sponsor of the petition for use on the ballot. If the principle sponsor fails to furnish the condensed statement within two (2) days following written demand, then the statement shall be condensed by the Election Board.

       The Election Board in preparing the ballot shall provide in writing to the official whose recall is sought, the statement which shall appear on the ballot. The official, in not more than 200 words, may submit a justification of conduct in office. The justification shall be submitted to the Election Board within three (3) days after receipt of the notification. If submitted within the prescribed time, the justification shall be printed on the ballot.

       The statement "Vote no on the recall" or "Vote yes on the recall" or other words similar thereto shall not be permitted on the ballot. No part of the reasons for demanding the recall of the official or the official's justification of conduct in office shall be emphasized by italics, underscoring, or in any other manner.

       There shall be printed in the recall ballot the following question: Shall (name of person against whom the recall petition is filed) be recalled from office of (title of the office)? Printed below the question in separate lines in easily legible type shall be the words "Yes ( )" and "No ()."

       The procedure governing the election on the question of the recall of an official shall be the same, so far as possible, as that by which the official is elected to office.


Section 12. Results of Recall Election

       The Election Board shall count the recall election ballots and certify the results. If the Election Board determines that a majority of the voters are in favor of recall, the office becomes vacant upon certification of the results. The Election Board shall immediately inform the official who was recalled in writing and orally, of the results and date and time of certification if the Election Board determines that the recall has failed, no further recall action may be brought against that official for at least six (6) months following the certification of the recall election results.


Section 13. Filling the Vacancy

       A vacancy created by the recall of an official will be filled in the manner provided in the Tribal Constitution.


Section 14. Recalled or Resigned Officials

       An official who was recalled shall not be a candidate to fill the vacancy created by the recall nor shall be appointed to fill a vacancy during the term of office from which the official was recalled. An official who has resigned subsequent to the filing of a recall petition shall not be appointed to fill a vacancy in elected office during the term of the office from which the official resigned. If an official whose recall is being sought resigns subsequent to the filing of a recall petition, it shall not be necessary for the Election Board to proceed further on the petition. If an official whose recall is being sought resigns after the calling of a recall election, the election shall not be held.


Section 15. Penalty

       Any person or persons, group or organization, who violate the provisions of these Rules and Regulations shall be responsible for a civil infraction, punishable by a fine of not more than $500.00 for each violation.


Recall of Elected Officials
Election Board Rules and Procedures
Adopted - April 27, 2000
Amended - August 20, 2000
Updated: June 6, 2000 (10:14am)

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REGISTRATION OF VOTERS (Draft)


Section 1. Authority

       Pursuant to Article X of the Tribal Constitution, the Little River Band of Ottawa Indians Election Board hereby publishes the Rules and Regulations it deems necessary for the Registration of Tribal Voters, as adopted                            


Section 2. Unregistered Voters

       A tribal member who has not registered to vote may not sign any initiative or recall petition, cast a ballot in any tribal election (general or special), or vote on any motion or ordinance at a general membership meeting. Only the signatures or votes of registered tribal voters will be valid and received by the Election Board in such matters.


Section 3. Registration Qualifications

       Subject to the provisions of these Rules and Regulations, any duly enrolled member of the Little River Band of Ottawa Indians, who is at least eighteen (1 8) years old, or who will be that age on the date of the next scheduled tribal election, is qualified to apply for voter registration. Such registration shall be in the voting district in which the applicant has resided for at least six (6) months prior to the date of the next scheduled tribal election.

       For purposes of voter registration, a tribal member's residence is his or her primary and legal residence. The established residence of a tribal member shall not be affected because of service in the armed forces of the United States, or while a full-time student at any institution of learning, or while confined in any jail, prison, or penitentiary.

       At any time, a tribal member shall be registered in only one (1) voting district, that in which he or she resides.


Section 4. Voting Districts

There shall be two (2) voting districts:

  1. Nine County District: That area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa and Wexford Counties, in the State of Michigan.
  2. Outlying District: That area lying outside the area constituting the Nine County District.


Section 5. Registration Procedure

       Any qualified tribal member may seek voter registration by filing a completed application in the form and containing such information as is required, from time to time, by the Election Board. Generally, the required information will include the applicant's name, birth date, tribal membership number, residence address, duration of residence in the voting district, mailing address (if different), and an affirmative statement of his or her qualifications to register. All completed applications must be filed with the Election Board by mail at the address designated in the application materials.

       Submitted applications will be processed by the Board, as nearly as may be practicable, in the order in which they are received. Additional information may be requested from an applicant in order to verify his or her qualifications prior to approval of registration.

       Completed registration applications may be filed with the Election Boar at any time. However, no application will be approved during the thirty (30) day period next preceding the date of any tribal election ( general or special) or the date of any general membership meeting.


Section 6. Registration Approval

       After verification of a tribal member' 5 qualifications is completed, the Election Board shall register the applicant as a tribal voter in the district of his or her residence; provided, however, that no registration shall become effective until the applicant has attained the age of eighteen (1 8) years. Upon registration, a Voter Registration Certificate will be issued to the applicant. If the application for registration is rejected, notice will be sent to the applicant setting forth the reasons for rejection.


Section 7. Change of Address

       It is the responsibility of each registered voter to keep the Election Board notified in a timely manner of his or her current residence address and mailing address (if different). The Board may use change of address information supplied by voters, by the United States postal service, or from other sources deemed reliable by the Board, to update the registration of a voter.

       Whenever a registration change is made, the Board shall send by forwardable mail a notice informing the voter of the transfer of his or her registration to the new address. Included with the notice will be a postage prepaid and preaddressed envelop and return card on which the voter may verify or correct the address information and indicate the date of any residence address change. Where a change of residence address is between voting districts, the registration transfer will not become effective until the fill six (6) month residency requirement for establishing residency has been satisfied.

       If the voter fails to respond to the transfer notification within sixty (60) days of its date, or if any other written communication from the Election Board to the voter is returned by the post office as undeliverable, the registration of the voter shall be treated as challenged.


Section 8. Cancellation of Registration

       The registration of a voter may be cancelled by the Election Board and his or her name removed from the registration roll under any one (1) of the following circumstances:

  1. At the request of the voter.
  2. Upon the death of a voter.
  3. Upon the disenrollment of the voter from the Tribe.
  4. Upon determination that the voter is not qualified.

       A registered voter is not required to periodically renew his or her registration, and the registration of a voter shall not be cancelled because of that registered voter' 5 failure to vote.


Section 9. Challenge to Registration

       Any registered voter may challenge the registration of any other registered voter by filing with the Election Board a written affidavit that such other registered voter is not qualified to vote. In the affidavit the challenger shall specify the grounds upon which the challenged voter is disqualified. Upon receipt of such affidavit, the Board shall forthwith send by registered or certified mail to the challenged voter at his registered or last known address a notification of the challenge, which shall include the grounds for such challenge as stated in the affidavit.

       Within thirty (30) days following the date of mailing the notice, the challenged voter may file with the Election Board a written affidavit setting forth specifically his qualifications as a registered voter and answering the grounds of the challenge. If within the 30-day period the voter challenged shall fail to file an affidavit, or if a filed affidavit does not show the voter to be qualified, the Board may forthwith cancel the voter's registration and remove his or her name from the registration roll. In making this determination, the Board may conduct such further inquiry as it deems appropriate.

       Any person filing a challenge under this Section, indiscriminately and without good cause or for the purpose of harassment, shall be deemed in violation of these Rules and Regulations.


Section 10. Registration Records

       The Election Board shall maintain a consolidated roll of registered voters of the Tribe in such form and manner it deems best to conduct tribal elections and election activities and to accommodate ongoing registration of qualified tribal members. The information on the registration roll shall not be public and will be made available only as provided in this Section.

       At least sixty (60) days before a designated election event for which the information is sought, a registered voter of the Tribe, upon written application to the Board, may request, for his or her sole use, a copy of the registration roll, consisting only of the names, mailing addresses, and voting districts of the voters. A processing fee may be charged for preparation of an approved list.

       Obtaining a copy of the registration roll under this Section by means of a materially false application or the unauthorized distribution of information form a copy of the registration roll obtained under this Section shall be deemed to be a violation of these Rules and Regulations.


Section 1 1. Registration Programs

       The Election Board may, from time to time, conduct a program to register qualified tribal members or to remove from the registration roll the names of registered voters who are no longer qualified to vote. Such programs may be conducted through general mailings to the membership on in such other manner as the Board deems appropriate to the administration of voter registration.


Section 12. Penalty

       Any person or persons, group or organization, who violate the provisions of these Rules and Regulations shall be responsible for a civil infraction, punishable by a fine of not more than $500.00 for each violation.


Election Board Rules and Regulations
Registration of Voters
Adopted - Draft
Updated: June 6, 2001 (10:14am)

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