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Ponca Tribe of Nebraska Tribal Code

PTN Code § 9-1-1
Section 9-1-1. Authority

This Ordinance is hereby established in accordance with Article VII, Section 1, Article VIII, Section 2, and Article V, Section 1(k) of the Constitution of the Ponca Tribe of Nebraska.

Ponca Tribe of Nebraska Code § 9-1-1, PTN Code § 9-1-1

PTN Code § 9-1-2
Section 9-1-2. Purpose

The purpose of this Ordinance is to establish procedures for efficient, fair and honest elections and to ensure the secrecy and sanctity of the ballot. The regulations and procedures provided herein shall be administered in such a way as to accomplish this purpose and intent.

Ponca Tribe of Nebraska Code § 9-1-2, PTN Code § 9-1-2


PTN Code § 9-1-3
Section 9-1-3. Applicability and Construction

(A) This Ordinance applies to all elections, including but not limited to, Tribal Council elections; filling Tribal Council vacancies; recall petitions and elections, referendum, and initiative.

(B) In case of dispute as to compliance with these regulations, substantial, rather than complete compliance shall be deemed adequate.

Ponca Tribe of Nebraska Code § 9-1-3, PTN Code § 9-1-3




PTN Code § 9-1-4
Section 9-1-4. Definitions

(A) “ACCUSED OFFICIAL” means an elected or appointed member of the Ponca Tribal Council who has been accused of misconduct, as defined in Section 9-8-2 of this ordinance, and whose removal from the Tribal Council is being sought by recall.

(B) “BALLOT” includes a mail-in ballot.

(C) “CANDIDATE” means a person whose name is on the ballot to be voted upon for nomination/election at any election.

(D) “CONSECUTIVE TERM” means a term of office which follows in order without interruption and is successive. A person may serve two (2) consecutive terms, sit out until the next scheduled general election and may run again.

(E) “CONSTITUTION” means the Constitution of the Ponca Tribe of Nebraska.

(F) “DISTRICT BOARD” means the entity appointed by the Election Board for each District to assist it in executing the duties of conducting elections.

(G) “ELECTION” means any election whatsoever held under the laws of the Ponca Tribe of Nebraska.

(H) “ELECTION BOARD” means the entity provided for under the Constitution to supervise all elections, verify petitions, and perform other election related duties set forth herein and the Constitution.

(I) “ELIGIBLE VOTER” means a Ponca tribal member who has reached age eighteen (18) or older on or before Election Day and is not incapacitated.

(J) “ENROLLMENT SPECIALIST” means the tribal official whose duty it is to verify enrollment with the Ponca Tribe of Nebraska.

(K) “ENROLLMENT DEPARTMENT” means the tribal division whose duty it is to oversee enrollment in the Ponca Tribe of Nebraska.

(L) “GENERAL ELECTION” means the election which shall be held on the first Tuesday of November in even-numbered years, as outlined in Article VII of the Constitution.

(M) “IMMEDIATE FAMILY” means mother, father, child, or spouse.

(N) “INCAPACITATED” means an individual eighteen (18) years of age or over who is incapable of managing his or her own legal, financial, and personal affairs as determined by a physician or a court of law, or by their own grant of a durable power of attorney that has taken effect.

(O) “INVALID BALLOT” means a ballot which is forged, fraudulent, fraudulently obtained, cast by an ineligible voter, or otherwise legally invalid.

(P) “MAIL-IN BALLOT” means the official ballot of a Ponca Tribal election mailed to registered voters by First Class, Non-Forwardable mail and which may be returned to the Election Board through the U.S. Postal Service, Federal Express, United Parcel Service, or other acceptable mailing service prior to the closing of the polls.

(Q) “MAJORITY” means one more than one half of the votes cast for a particular office, measure, or election.

(R) “MALFEASANCE” means the commission of some act which is illegal or unlawful or an act which is wholly wrongful.

(S) “MISFEASANCE” means the improper performance of some act which a person may lawfully do.

(T) “OBSERVERS” means those individuals who desire to observe the election process pursuant to Section 9-5-5.

(U) “POLL BOOK” means the book provided by the Election Board pursuant to Section 9-5-4.

(V) “REGISTRAR” means the Enrollment Specialist unless otherwise specified by the Election Board in accordance with this Ordinance.

(W) “SPECIAL ELECTION” means a duly called and authorized election other than a general election, including but not limited to elections held pursuant to Article VIII and Article IX of the Constitution.

(X) “REGISTERED VOTER” means one who is qualified to vote by reason of meeting all the requirements of this Ordinance.

(Y) “SPOILED BALLOT” means a ballot that (1) has not been marked; (2) has been marked with more than one choice where only one choice is allowable; (3) is otherwise illegible; or (4) where voter choice is not clear.

(Z) “VOTER REGISTRATION LIST” means the list of registered voters qualified to vote in tribal elections.

Ponca Tribe of Nebraska Code § 9-1-4, PTN Code § 9-1-4

 

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