Standing Rock Sioux Tribal Code of Justice
SRST Code of Justice T. XV,
Title XV. Election
GENERAL NOTES
Approved By Resolution No. 365-11 Ordinance No. 197 By the Standing Sioux Rock Tribal Council May 11, 2011
Standing Rock Sioux Tribe Code of Justice T. XV, , SRST COJ T. XV,
Current through Dec. 1, 2010
SRST COJ § 15-101
15-101. Definitions
SRST Code of Justice § 15-101
Title XV. Election
Chapter 1. Eligibility of Candidates for Tribal Council Offices
15-101. Definitions
The terms listed below, whenever used in this Chapter, shall mean as follows:
(a) Council. Tribal Council, the governing body of the Tribe.
(b) Constitution. Constitution of the Tribe.
(c) Commission. The Election Commission.
(d) Delinquency. Arrearage by a candidate of more than sixty (60) days as to any lawful payment, due and owing. Any check made payable to the Tribe returned for insufficient funds shall be deemed a delinquent debt of any person whose name is on the account on which the check is drawn, sixty (60) days after the date of the issuance of such check.
(e) Dishonorable Discharge. The most severe punitive discharge that a court-martial can give a member of the military.
(f) District. One of the districts of the Reservation.
(g) Elector. A member of the Tribe qualified to vote.
(h) Found Guilty by Tribal Council. A member of the Tribal Council who having been given twenty (20) days notice, in writing, by the Secretary of the Tribal Council, and a chance to be heard, has been found guilty of neglect of duty, misconduct in office or an offense involving dishonesty and is removed from office by the Tribal Council by a vote of two-thirds (2/3) of the members of the Tribal Council voting.
(i) Judge. District election judge.
(j) Misconduct in Tribal Affairs. Any unlawful behavior by a public officer, in relation to the duties of his office, willful in character. Term embraces acts which the office holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act.
(k) Neglect of Duty. Neglect is to omit, fail or forbear to perform a duty, or do a thing that can be done or that is required to be done, and also means the absence of care or attention in doing or omission of a given act. Duty is the action which is exactly conformidable to the laws which require us to obey the law, a legal or moral obligation.
(l) Offense Involving Dishonesty. A conviction of felony or misdemeanor for conduct that is fraudulent, dishonest, involving bad faith, lack of integrity, involves a disposition to lie or cheat, untrustworthiness or contrary to justice honesty or morality.
(m) Reservation. Standing Rock Indian Reservation, North and South Dakota.
(n) Secretary. Tribal Secretary or any other person designated by the Council to perform the functions of the Secretary under this Chapter.
(o) Supervisor. The Election Supervisor.
(p) Tribe. The Standing Rock Sioux Tribe.
Standing Rock Sioux Tribe Code of Justice § 15-101, SRST COJ § 15-101
Current through Dec. 1, 2010
SRST COJ § 15-102
15-102. Eligibility For Tribal Council Offices
SRST Code of Justice § 15-102
Title XV. Election
Chapter 1. Eligibility of Candidates for Tribal Council Offices
15-102. Eligibility For Tribal Council Offices
Any enrolled member of the Standing Rock Sioux Tribe twenty-five (25) years of age or over, shall be qualified to seek and hold membership on the Tribal Council, provided:
(a) Residence of Candidate for Chairman, Vice-Chairman or Secretary. That a candidate for the office of Chairman, Vice-Chairman or Secretary of the Tribal Council must have been living on the Reservation for at least one year next preceding the date of the election;
(b) Residence of Candidate for Councilman. That a candidate for Councilman at large must have been living on the Reservation for at least one year next preceding the date of the election, and that a candidate for Councilman from the district of his residence must have been living in the district of his residence for at least one year next preceding the date of the election;
(c) Disqualification. That a candidate shall not have been convicted of a Tribal, Federal or State felony (including a plea of “no contest” that led to a felony conviction) or have received a Dishonorable Discharge, Other Than Honorable Discharge, or Bad Conduct Discharge from any branch of the United States Armed Forces, or have been found guilty by the Tribal Council of neglect of duty, misconduct in office, or an offense involving dishonesty.
(d) Not an Employee of BIA. That a candidate is not employed by the Bureau of Indian Affairs;
(e) Tribal Employees. That if the candidate is an employee of the Tribe, the candidate has given notice in accordance with the provisions of Title 18, Section 18-203.3, of the Code of Justice. A copy of the Notice must be attached to the Petition.
(f) Statement of Debts to Tribe. Each candidate shall furnish a verified and complete statement disclosing all debts owed to or guaranteed by the Tribe, any agency of the Tribe or any corporation owned or controlled by the Tribe as of the date of the deadline for filing. The Supervisor shall make the statements available to the Public for each candidate finally determined to be eligible to seek office. Statements shall not be made available until a final notice of election is posted and shall not be reproduced in any manner, i.e. xeroxing, copying by hand, etc.
(g) Delinquency on Debt to Tribe. In accordance with the Constitution of the Standing Rock Sioux Tribe, Article III, Section 4(6), the candidate cannot be delinquent in the payment of any debt owed to or guaranteed by the Tribe, any agency of the Tribe, or any corporation owned or controlled by the Tribe. For purposes of this section, delinquency shall mean arrearage by a candidate of more than sixty (60) days as to any lawful payment, due and owing to the Tribe its Revolving Credit or Short Term Loan Program, Standing Rock Housing Authority, Standing Rock Education Loan-Grant Program, Standing Rock Enterprises, Standing Rock Farms, Sitting Bull College, Standing Rock Water and Sewer Company, Section 5 Oahe Land Purchase Program, Tribal Court Fines and Fees, all Districts of the Reservation, Prairie Knights Casino and Lodge, Grand River Casino and Resort, Prairie Knights Quik Mart and any other agency of the Tribe or corporation owned or controlled by the Tribe, including, but not by way of limitation, loans co-signed or guaranteed by the Tribe, Agricultural and Drought Relief loans, salary loans, entrepreneurship loans or any other tribal loans, as well as any travel advance from any such Tribal entity that was provided to the candidate but not used for its intended purpose and not reimbursed to the Tribal entity, as specified in Form No. 7, Debt Disclosure Statement, which is incorporated herein by reference.
Standing Rock Sioux Tribe Code of Justice § 15-102, SRST COJ § 15-102
Current through Dec. 1, 2010
SRST COJ § 15-103
15-103. Filing For Office
SRST Code of Justice § 15-103
Title XV. Election
Chapter 1. Eligibility of Candidates for Tribal Council Offices
15-103. Filing For Office
(a) How to Become a Candidate. Any person seeking to hold any elected Tribal Council office may become a candidate by filing, with the Supervisor, at least 30 days prior to election day, a nominating petition and a notice of candidacy.
1) The Supervisor shall cause to be recorded on the nominating petition and notice of candidacy form, the date and time of filing.
2) The Supervisor shall not disclose, except to the Election Commission, any information pertaining to the existence of contents of any nominating petition or notice of candidacy until the Election Commission has completed its initial screening. The Election Supervisor shall post the names of all persons who filed for elective office prior to testing eligibility.
3) A non-refundable filing fee of one hundred dollars ($100.00) will be charged for each Candidate for Tribal elective office to defray the cost of Tribal, State and Federal Background checks. The filing fee must be paid to the Tribal Finance Office prior to filing the nominating petition and notice of candidacy. The Filing Fee shall be paid by cash or money order only. A copy of the receipt shall be attached to the candidate's Nominating Petition and Notice of Candidacy at the time of filing with the Election Supervisor.
(b) Nomination by Petition. Candidates shall be nominated by nominating petitions. A nominating petition shall not be circulated by or on behalf of a candidate until after the proclamation of the tribal election is posted in the districts as provided in Section 15-213 hereof.
1) Nominating Petition for Office of Chairman, Vice-Chairman or Secretary. To be valid, a nominating petition for the office of Chairman, Vice-Chairman or Secretary must be signed by at least thirty-five (35) qualified voters of the Reservation. Nominating petitions for the office of Chairman, Vice-Chairman and Secretary shall be in the forms hereby made part of this Title as Form Nos. 1, 2 & 3, respectively.
2) Nominating Petition for Office of Councilman. To be valid, a nominating petition for the office of councilman from a district must be signed by at least twenty-five (25) qualified voters of the District from which the candidate seeks to run, provided that for a District which had 50 or fewer voters in the previous election, the petition must be signed by at least seven (7) qualified voters of that District. Nominating petitions for the office of Councilman from a District shall be as provided in the form hereby made a part of this Title as Form No. 4.
3) Nominating Petition for Office of Councilman at Large. To be valid, a nominating petition for the Office of Councilman at Large must be signed by at least twenty-five (25) qualified voters of the Reservation. Nominating petitions for the office of Councilman at Large shall be as provided in the form hereby made a part of this Title as Form No. 5.
4) Signature Requirements Mandatory. A nominating petition which is not signed by the required number of qualified voters with the proper residency as required under this subsection shall not be valid. Failure to comply with this subsection shall not be deemed a technicality.
5) Voters May Sign One or More Nominating Petitions for Each Office. Each qualified voter may sign one or more nominating petitions for each office.
(c) Candidates to Accept Nominations. All nominating petitions shall be signed by the candidate nominated, stating, in substance, as follows:
I, ____, hereby accept the nomination for the office of (Chairman of the Tribal Council) (Vice-Chairman of the Tribal Council) (Secretary of the Tribal Council) (Councilman from the District) (Councilman at Large).
(d) Notice of Candidacy. A notice of candidacy for Tribal Council office, on Form No. 6 of this Title, shall be filed with the appropriate nominating petition. Such forms shall be distributed to the Districts by the Tribal Election Office staff upon request and availability.
(e) Seeking More than One Office Prohibited. No person shall be a candidate for more than one tribal elective office at a single election. For purposes of this subsection, the term “tribal elective office” shall mean the Tribal Council Offices of Chairman, Vice-Chairman, Secretary, Councilman at Large, and Councilman from a District.
(f) Withdrawal of Candidacy. Prior to the posting of the Proclamation for General Election, a candidate may have his/her name withdrawn from the ballot and the candidate receiving the next highest vote will be placed on the ballot for that office. In the event the candidate receiving the next highest vote resulted in a tie, those candidates' names will be placed on the ballot. Thereafter, no individual may have his name withdrawn from the ballot for tribal elective office after the Proclamation for General Election has been posted. In cases of the death of a candidate, his/her name will automatically be withdrawn from the ballot and the candidate receiving the next highest vote will be placed on the General Election ballot for that office. In the event the candidate receiving the next highest vote resulted in a tie, those candidates' names will be placed on the ballot.
Standing Rock Sioux Tribe Code of Justice § 15-103, SRST COJ § 15-103
Current through Dec. 1, 2010
SRST COJ § 15-104
15-104. Testing Eligibility of Candidates
SRST Code of Justice § 15-104
Title XV. Election
Chapter 1. Eligibility of Candidates for Tribal Council Offices
15-104. Testing Eligibility of Candidates
(a) Applicability. This section encompasses the procedures for the Election Commission to use in testing eligibility to determine which candidates shall be placed on the notice of election.
(b) Initial Screening of Filings. As soon as possible after the deadline for candidates to file their nominating petitions and notices of candidacy, the Commission shall meet and undertake an initial screening of all filings. For purposes of determining compliance with Section 15-102(c), the Supervisor shall undertake, or cause to be undertaken, the necessary background check on each candidate. A prior background check on a candidate shall not be used. The filing of any candidate which fails to comply with the requirements of Sections 15-102 and 15-103 shall be preliminarily rejected, provided that any candidate so rejected shall be given the opportunity for a hearing as provided in Section 15-104(d).
(c) Report of Tribal Entities Regarding Debt Delinquency. The Supervisor shall request from each tribal entity described in Section 15-102(g) or on Title XV, Form No. 8, Tribal Agency Debt Disclosure Statement, a report as to whether each candidate is delinquent on any debt to that entity. Each such entity shall provide the Election Supervisor with the information requested within three (3) days of receipt of the Supervisor's request. Each agency's response shall be in writing, and signed by a responsible official or officer of the entity.
(d) Notice of Hearing. Any candidate whose filing was preliminarily rejected pursuant to Section 15-104(b), and any candidate who was reported to be delinquent on a debt by a tribal entity pursuant to Section 15-104(c), shall be notified of the opportunity for a hearing before the Election Commission. The notice shall be in writing and shall state:
1) The reason(s) why the candidate has been preliminarily determined not to be eligible to seek office;
2) in the case of any reported debt delinquency, the agency reporting the delinquency, the source of the debt, and the amount so reported;
3) the date, time and place for the hearing; provided that the hearing must be held within five (5) calendar days after receipt of the notice by the candidate; and
4) that the candidate has the right to be present at the hearing, be represented by counsel at his own expense, present sworn oral testimony or documentary evidence, cross-examine other witnesses, and present argument regarding the reported delinquency or the preliminary finding of ineligibility.
(e) Hearings. Hearings shall be before the Commission and shall be open to the public. The Commission shall hear all relevant evidence. With respect to any reported delinquent debt, each tribal entity shall send a representative to the hearing to present the evidence of the delinquency.
(f) Failure to Attend Hearings. Any candidate who receives notice of a hearing pursuant to this section but fails to appear at the time and place of the hearing shall be disqualified; provided that for good cause shown the Commission may, in its discretion, grant a request to change the time and/or place of the hearing. In no event may a hearing be changed to a date after the deadline for the notice of election.
(g) Burden of Proof. In all matters regarding eligibility, the burden of proof is on the candidate to show, by a preponderance of the evidence, that he or she met the qualifications to seek office at the time of the deadline for filing for office.
(h) Payment or Refinancing of Delinquent Debts. Notwithstanding Section 15-104(e), any candidate who prior to the time of his scheduled hearing pursuant to this section (1) pays a reported delinquent debt in full or (2) with the written consent of the tribal entity reporting a debt delinquency, refinances or enters a new payment schedule with respect to that delinquency debt, and has not become delinquent under such new payment schedule, shall not be deemed to be delinquent with respect to such debt.
For purposes of this subsection, a person may only refinance or enter a new payment schedule on any delinquent debt once to be deemed not to be delinquent with respect to such debt. Any second or subsequent refinancing or new payment schedule shall render such person delinquent on that debt.
(i) Determination. At the conclusion of all arguments and evidence at the hearing on each such candidate, the Commission shall determine, by majority vote, whether each such candidate is eligible to seek office. In the case of a tie, the Chairman of the Election Commissions vote controls.
(j) Commission's Decisions Final. The decision of the Election Commission shall be final.
Standing Rock Sioux Tribe Code of Justice § 15-104, SRST COJ § 15-104
Current through Dec. 1, 2010
SRST COJ § 15-201
15-201. Definitions
SRST Code of Justice § 15-201
Title XV. Election
Chapter 2. Election Procedures
15-201. Definitions
The terms listed below, whenever used in this Chapter, shall mean as follows:
(a) Council. Tribal Council, the governing body of the Tribe.
(b) Constitution. Constitution of the Tribe.
(c) Commission. The Tribal Election Commission.
(d) District. One of the eight (8) districts of the Reservation.
(e) Elector. A member of the Tribe qualified to vote.
(f) Judge. District Election Judge.
(g) Reservation. The Standing Rock Sioux Indian Reservation of North Dakota and South Dakota.
(h) Secretary. Tribal Secretary or any other person designated by the Council to perform the functions of the Secretary under this Chapter.
(i) Supervisor. The Election Supervisor.
(j) Tribe. Standing Rock Sioux Tribe.
(k) Spoiled Ballots. Ballots which are marked by a voter in a manner which does not accurately reflect the intentions of the voter.
(l) Legal Ballots. Ballots which are cast by a voter in a manner which complies with the provisions of this Title.
(m) Illegal Ballots. Ballots which are cast by a voter in a manner that the Election Judges determine to be not in compliance with this Title and which are not included in the official count. (i.e. write-in candidate)
(n) Challenged Ballots. Ballots which are cast by a voter in a manner which the qualified voter, “Watcher”, as provided for in 15-220(c), or election official disputes the validity of either the voter or the ballot and which the ballot is marked by the word “challenged”.
(o) Optical Scan Ballot. An Optical Scan Ballot is a ballot which is recognized and counted by an Optical Scan Voting Machine.
Standing Rock Sioux Tribe Code of Justice § 15-201, SRST COJ § 15-201
Current through Dec. 1, 2010
SRST COJ § 15-202
15-202. Who Is Qualified To Vote
SRST Code of Justice § 15-202
Title XV. Election
Chapter 2. Election Procedures
15-202. Who Is Qualified To Vote
Any member of the Tribe who (1) is 18 years of age or older, (2) resides on the Reservation, and (3) is eligible to vote in the district in which he has last resided for a full thirty (30) days immediately preceding the election. Prisoners convicted of Tribal, Federal or State felonies shall not be eligible to vote. Persons on parole or probation shall not be deemed prisoners.
Standing Rock Sioux Tribe Code of Justice § 15-202, SRST COJ § 15-202
Current through Dec. 1, 2010
SRST COJ § 15-203
15-203. Absentee Voters
SRST Code of Justice § 15-203
Title XV. Election
Chapter 2. Election Procedures
15-203. Absentee Voters
Any elector duly qualified to vote under Section 15-202 of this Title, upon making written proof satisfactory to the Supervisor that he expects: 1) to be absent from the Reservation on the day of election; 2) who is physically incapacitated so as to be unable to go to the polls; 3) who is attending school off the Reservation, or who is residing with a legal spouse who is attending school off the Reservation; 4) who is a member of the Armed Forces of the United states stationed off the Reservation, or, 5) who is residing with a legal spouse who is a member of the Armed Forces of the United states stationed off the reservation, may vote by absentee ballot.
Standing Rock Sioux Tribe Code of Justice § 15-203, SRST COJ § 15-203
Current through Dec. 1, 2010
SRST COJ § 15-204
15-204. How To Obtain An Absentee Ballot
SRST Code of Justice § 15-204
Title XV. Election
Chapter 2. Election Procedures
15-204. How To Obtain An Absentee Ballot
(a) Any elector, eligible to vote by absentee ballot, may file with the Election Supervisor, at least ten (10) days before the election, a completed and signed application for an absentee ballot in the form set out as Form No.9 of this Title, or a form containing the same information.
(b) For any elector, eligible to vote by absentee ballot, who is elderly or handicapped and residing in an off-Reservation retirement, long-term care, rehabilitation or medical facility, a family member or court-appointed guardian may submit an application for an absentee ballot on their behalf. In such case, absentee ballots will be mailed directly to the facility, and the correct name and address of the facility shall be listed on the application.
(c) At least thirty (30) days prior to the election:
(1) The Election Supervisor shall cause to be published, in a newspaper of general circulation on the Reservation, notice that absentee ballots will be available for those voters eligible for absentee ballots, and
(2) Each Election Commission member shall personally inform the District Council for the District in which he or she resides that absentee ballots are available for those voters eligible for absentee ballots.
(d) For each application for an absentee ballot based on being a member of the Armed Forces or based on being a full time student, the Election Supervisor shall seek to confirm the necessary residence information contained on Form 9 by consulting with the tribe's Veterans' Affairs Department, Education Department or other Tribal offices with relevant information.
Standing Rock Sioux Tribe Code of Justice § 15-204, SRST COJ § 15-204
Current through Dec. 1, 2010
SRST COJ § 15-205
15-205. Delivery of Absentee Ballots
SRST Code of Justice § 15-205
Title XV. Election
Chapter 2. Election Procedures
15-205. Delivery of Absentee Ballots
Each absentee ballot shall be sealed in an envelope marked on the outside:
“Absentee Ballot Within. Do not open except in the presence of a notary public, or before the Election Supervisor, or any commissioned officer if the applicant be in the Armed Services.”
The absentee ballot so sealed in an envelope shall be placed in an outer envelope marked “OFFICIAL BALLOT”, together with a return envelope pre-addressed to the Election Supervisor and marked “ABSENTEE VOTER'S BALLOT” on the front. On the back of the return envelope there shall be set forth the following:
State of ____)
County of ____)ss
I, ____, do solemnly swear that I am at least eighteen (18) years of age, a member of the Standing Rock Sioux Tribe of the Standing Rock Indian Reservation, and entitled to cast the enclosed ballot, and a resident of the Reservation, ____District, duly qualified to vote by absentee ballot.
____
Voter's Signature
Subscribed and sworn to me before this ____ day of ____, 2____: and I hereby certify that the affiant exhibited to me the enclosed ballot(s) for inspection before marking, and that the same was (were) then unmarked and that affiant then, in my presence and the presence of no other person, marked and folded said ballot(s) without assistance and without making known the manner of marking the same and in such manner that I could not see affiant vote. Affiant then and there placed the ballot(s) in this envelope, sealed the same and signed the voucher above in my presence.
I further certify that the affiant was not solicited or advised by me to vote for or against any candidate.
____
Notary Public
Residing at ____
Absentee ballots shall be mailed certified or given by the Election Supervisor to the applicant in person and no one else. Absentee Ballots for off-reservation absentee voters, who meet the qualifications under 15-203, shall be mailed to the Absentee voter by the Election Supervisor not less than ten (10) days prior to the date of the Election. Absentee Ballots must be received by or returned to the Election Supervisor by the close of the business day before the day of the election, consistent with 15-207. There will be no exceptions to this requirement.
Standing Rock Sioux Tribe Code of Justice § 15-205, SRST COJ § 15-205
Current through Dec. 1, 2010
SRST COJ § 15-206
15-206. How Absentee Ballots Are Marked and Returned
SRST Code of Justice § 15-206
Title XV. Election
Chapter 2. Election Procedures
15-206. How Absentee Ballots Are Marked and Returned
Upon receipt of the absentee ballot, the voter shall open the sealed envelope marked “Absentee Ballot Within”, only in the presence of a notary public, the Election Supervisor, or, in the case of an elector in the Armed Forces stationed outside the Reservation, any commissioned officer, and in the presence of such person as herein provided, shall then and there mark and refold the ballot without assistance and without making known the manner of marking same, and shall place the ballot in the preaddressed, return envelope provided for the purpose, seal the envelope and fill in and sign the affidavit printed on the back of the envelope in the presence of a notary or other person herein above provided, who shall execute the acknowledgment and certification printed on the envelope. The voter shall then mail the envelope registered or certified mail, return receipt requested, to the Election Supervisor, or shall personally deliver the envelope to the Election Supervisor.
Standing Rock Sioux Tribe Code of Justice § 15-206, SRST COJ § 15-206
Current through Dec. 1, 2010
SRST COJ § 15-207
15-207. Cut-Off For Delivery of Absentee Ballots To Election Supervisor
SRST Code of Justice § 15-207
Title XV. Election
Chapter 2. Election Procedures
15-207. Cut-Off For Delivery of Absentee Ballots To Election Supervisor
No absentee ballots shall be counted unless received in hand by the Election Supervisor by the end of the business day prior to the day of the election. Any absentee ballots received by the Election Supervisor on or after the day of the election will be declared null and void.
Standing Rock Sioux Tribe Code of Justice § 15-207, SRST COJ § 15-207
Current through Dec. 1, 2010
SRST COJ § 15-208
15-208. Absentee Voting By Residents After Ballots Printed
SRST Code of Justice § 15-208
Title XV. Election
Chapter 2. Election Procedures
15-208. Absentee Voting By Residents After Ballots Printed
Any resident elector who, at least 24 hours before the polls are scheduled to open, duly qualifies himself under Section 15-203 hereof to vote by absentee ballot by reason of expected absence from the Reservation on election day, and who is present in his district after the official ballots have been printed, may apply and vote before the Election Supervisor in the same manner as provided in Section 15-206 hereof up to but not including the day of election.
Standing Rock Sioux Tribe Code of Justice § 15-208, SRST COJ § 15-208
Current through Dec. 1, 2010
SRST COJ § 15-209
15-209. Record of Absentee Ballots
SRST Code of Justice § 15-209
Title XV. Election
Chapter 2. Election Procedures
15-209. Record of Absentee Ballots
The Election Supervisor shall make and keep a record of ballots mailed, to whom mailed, the date of mailing, the address on the envelope or application, the date of return of the ballot, and from whom received. The information required by this section shall be recorded on Form No. 10 or a like document.
Standing Rock Sioux Tribe Code of Justice § 15-209, SRST COJ § 15-209
Current through Dec. 1, 2010
SRST COJ § 15-210
15-210. Delivery of Absentee Ballots To Districts
SRST Code of Justice § 15-210
Title XV. Election
Chapter 2. Election Procedures
15-210. Delivery of Absentee Ballots To Districts
The Election Supervisor or Tribal Election Coordinator shall deliver all absentee voters ballots sealed and intact, together with the applications for such ballots to the election judges of the respective districts. Each chief election judge shall sign a document (Form No. 16) confirming receipt of the absentee ballots. The absentee ballots shall be held, sealed and intact, until the polls close. After the polls close and immediately before canvassing commences, the clerk of each election district, in public, and in the presence of all persons assembled, shall note on the poll book that the elector voted by absentee ballot and shall open the sealed envelope, and remove the folded ballot without disclosing its marking, shall stamp and initial the ballot and deposit it in the ballot box for counting with the other ballots.
Standing Rock Sioux Tribe Code of Justice § 15-210, SRST COJ § 15-210
Current through Dec. 1, 2010
SRST COJ § 15-211
15-211. Time of Primary and General Elections
SRST Code of Justice § 15-211
Title XV. Election
Chapter 2. Election Procedures
15-211. Time of Primary and General Elections
Primary elections shall be held in odd-numbered years on the third Wednesday in July. General elections shall be held in odd-numbered years thereafter on the last Wednesday in September. If an election day falls on a legal holiday, the election shall be held on the first subsequent day that is not a legal holiday.
Standing Rock Sioux Tribe Code of Justice § 15-211, SRST COJ § 15-211
Current through Dec. 1, 2010
SRST COJ § 15-212
15-212. Time of Special Elections
SRST Code of Justice § 15-212
Title XV. Election
Chapter 2. Election Procedures
15-212. Time of Special Elections
Special elections shall be held on dates specified by the Standing Rock Sioux Tribal Council or as mandated by the tribe's Constitution or any other Tribal Laws.
Standing Rock Sioux Tribe Code of Justice § 15-212, SRST COJ § 15-212
Current through Dec. 1, 2010
SRST COJ § 15-213
15-213. Election Proclamations
SRST Code of Justice § 15-213
Title XV. Election
Chapter 2. Election Procedures
15-213. Election Proclamations
(a) Primary Elections. At least sixty (60) days before a primary election, the Tribal Council shall cause to be posted and published as hereinafter set forth, a proclamation of the election. The Proclamation of a primary election shall invite the filing of petitions for candidacy and shall set-out the time and place for filing such petitions. The proclamation shall state that the two candidates receiving the highest number of votes for each office shall be placed on the ballot for the general election, except as provided for in 15-103(f).
(b) Proclamation of General Election. After the primary election or in cases where there is no primary election, at least fifty (50) days before a general election, the Council shall cause to be posted and published as hereinafter set forth a proclamation of the election.
(c) Proclamation of Special Election. As early as practicable, but not less than twenty (20) days before the special election, unless by reason of emergency the Council fixes a shorter period, the Council shall issue a proclamation of special election. A proclamation for a special election to fill a vacancy on the Tribal Council shall invite petitions for candidacy and set the time and place for filing such petitions. It shall also set the date for the special election. In a special election to fill a vacancy on the Tribal Council there shall be no primary, and the winner of the election shall be the candidate receiving the highest number of votes at the special election.
(d) Proclamations-Posting and Publication. Every proclamation of election shall be posted at each polling place on the Reservation, at the District Offices, in the Tribal Office, the BIA Agency, and such other places of public notice as may be appropriate shall be published at least once in a tribal newspaper or a newspaper of general circulation on the Reservation, except if time does not permit, as in the case of a special election.
Standing Rock Sioux Tribe Code of Justice § 15-213, SRST COJ § 15-213
Current through Dec. 1, 2010
SRST COJ § 15-214
15-214. Election Officials
SRST Code of Justice § 15-214
Title XV. Election
Chapter 2. Election Procedures
15-214. Election Officials
(a) Election Supervisor. The Election Supervisor shall be a Tribal Employee who will be the main administrative support for the Tribal Election Office and will supervise all aspects of the Tribal Election process as outlined in this Title. In the case of the absence or vacancy of an Election Supervisor, the Tribal Chairman shall appoint a person as a Temporary Election Supervisor for the duration of the absence or until the position is filled. The Tribal Election Supervisor shall have the following duties, including but not limited to other duties as set out in this Title:
1) The Election Supervisor shall annually prepare and monitor all Budgets for the Tribal Election Office and budgets for all Tribal elections, including Special and Recall Elections.
2) The Election Supervisor shall be responsible for the Tribal Election accounts and for the payment of costs for the maintenance of the Tribal Election Office and all Tribal Elections, including the costs for any legal fees incurred.
3) The Election Supervisor shall provide oversight and technical assistance to the Tribal Election Commission and election officials to insure that they are in compliance with Title XV, and any other Tribal Laws which may apply.
4) Prior to each Primary Election, the Election Supervisor shall notify each District to appoint a qualified District Member to serve on the Tribal Election Commission.
5) Prior to each Tribal Election, the Supervisor shall prepare an Election Schedule to be followed by the Tribal Election Commission and election officials.
6) The Election Supervisor shall arrange for all election supplies including the printing of all ballots, for the printing or other reproduction of tally lists, all voting equipment and shall arrange for the delivery of the same to the judges before the opening of the polls.
7) If optical scan voting is to be used in any Tribal Election, the Supervisor shall recruit and negotiate an agreement with a reputable company for the Judicial Committee's review and approval by the Tribal Council, providing the availability of funds.
8) The Election Supervisor may request any Short Term Seasonal or Temporary Employees that may be necessary to carry out the duties of the Tribal Election Office.
(b) Election Commission. The Election Commission shall be composed of eight (8) members, representing the eight (8) Districts of the Reservation. At least sixty (60) days before a Primary Election and as early as practicable before a special election, the District Council of each district shall appoint a qualified voter residing in the District as a member of the Election Commission. The Election Supervisor after consultation with the District Chairman shall promptly fill any vacancy on the Commission, as documented on Form No. 17. At the initial meeting of the full Election Commission, a Chairman, Vice-Chairman and Secretary shall be elected from within in the members to serve for that election year. The Election Supervisor shall not be a member of the Election Commission. The term of office for each member of the Election Commission shall be from the time of appointment until the election is held, all contests are completed, and all candidates sworn into office.
(c) Election Judges. The Commission, at least forty-five (45) days before a primary election, and as early as practicable for a special election shall appoint three (3) judges of election for each district. In the event that additional Judges are needed, up to three (3) more Judges, per District, may be appointed at the discretion of the Election Supervisor. If any person appointed by the Commission does not accept the appointment or fails to appear for duty, the Election Supervisor shall appoint a replacement.
(d) Chief Judge and Election Clerk. The election judges of each district shall designate one of their members as the Chief Judge and another member as the Clerk of Election for that district.
(e) Qualifications of Tribal Election Officials. All members of the Commission and election judges and election clerks must meet the following qualifications to serve as an election official:
1) Must be an enrolled member of the Standing Rock Sioux Tribe;
2) Must be eighteen (18) years of age or older;
3) Must be a resident of their appointing district for at least thirty (30) days;
4) Must not be a member of the Tribal Council
5) Must not be a candidate in the Election or the spouse, mother or father, brother or sister of a candidate for office in the election;
6) Must not be an Employee of the Tribe, except persons participating the TWEP, TANF, JTPA, WIA or any Tribal Work/Learn Programs shall not be considered Tribal Employees;
7) Must never have been convicted of a Tribal. State or Federal Felony;
8) Tribal Election Officials must not verbally, publicly support or campaign for any candidate on the election ballot; and
9) Must not, in connection with duties as an Election Official, seek or obtain criminal or other background information of the kind described in section 15-102(c) with respect to any person who is not seeking Tribal office under this Title. Violation of this provision will subject an Election official to termination by the Tribal Chairman following notice and an opportunity to be heard.
The Tribal Election Office will insure that all Election Officials meet the above qualifications and conduct the necessary felony background_checks. All election officials must be found qualified by the Tribal Election Office before taking the Official Oath of Office and entering upon their official duties.
(f) Confidentiality Statement. All election officials, before entering upon their official duties, shall sign a confidentiality statement, confirming that any personal information regarding any candidate obtained in the performance of the election official's duties, shall be maintained as confidential, to be used only as necessary to fulfill the provisions of this Code, or to comply with any order of the Election Commission, or a court of competent jurisdiction. Any other disclosure of any personal information regarding any candidate shall be strictly prohibited. Violation of this provision will subject an Election Official to termination by the Tribal Chairman following notice and an opportunity to be heard.
(g) Oath. All election officials, before entering upon their official duties. shall take and subscribe to the following Oath of affirmation to be administered by a qualified Officer of the Tribe:
“I, ____, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Standing Rock Sioux Tribe and uphold the Tribal Law and the Treaty of April 29, 1868, and will faithfully discharge the duties of my office according to the best of my ability, so help me God.”
(h) Stipends for Tribal Election Officials. The compensation of Tribal election officials; Election Commission Members, Election Judges and Election Clerks shall be $100.00 per day for Training, Meetings or Hearings scheduled by the Election Supervisor and $200.00 on Tribal Election Days plus mileage.
Standing Rock Sioux Tribe Code of Justice § 15-214, SRST COJ § 15-214
Current through Dec. 1, 2010
SRST COJ § 15-215
15-215. Publication of Notice of Election
SRST Code of Justice § 15-215
Title XV. Election
Chapter 2. Election Procedures
15-215. Publication of Notice of Election
As promptly as possible, and at least fifteen (15) days before a primary election. thirty (30) days before a general election, and fifteen (15) days before a special election, except that in the case of a special election, the Council may authorize a shorter period, the Election Supervisor shall cause a “Notice of Election” to be posted in each polling place on the Reservation, in the Tribal Office, the Agency, and such other places of public notice as may be appropriate. If time permits, the notice shall be published either in a tribal newspaper, or if that is not possible and time permits, in a newspaper of general circulation on the Reservation. The notice shall set forth the date of election and shall list the names of all candidates found eligible by the Election Commission, the respective offices, and the location of the polling places.
Standing Rock Sioux Tribe Code of Justice § 15-215, SRST COJ § 15-215
Current through Dec. 1, 2010
SRST COJ § 15-216
15-216. Testing Eligibility and Challenge of Candidates
SRST Code of Justice § 15-216
Title XV. Election
Chapter 2. Election Procedures
15-216. Testing Eligibility and Challenge of Candidates
(a) Challenge of Eligibility. Any qualified voter may challenge the eligibility of any candidate to hold office, by filing with the Election Supervisor. and serving the challenged candidate in the manner prescribed in Section 15-216(d) below, not later than three (3) days after the notice of election is issued, with a written affidavit setting forth the grounds for the challenge. The challenged candidate shall be afforded three (3) days in which to furnish satisfactory proof that he is qualified. The Commission shall rule on all questions presented by a timely challenge of the eligibility of a candidate within three (3) days of the date the challenged candidate is required to respond to the challenge.
(b) Testing Eligibility. The Commission shall test the eligibility of each person seeking to become a candidate, whether challenged or not.
(c) Commission's Decisions Final. The decisions of the Commission under this section shall be final.
(d) Manner of Serving Notice. Whenever service of notice on a candidate is required under this Title, notice shall be served by delivery by the Election Supervisor or Election Coordinator, by delivering a copy of the notice to the candidate in person or by certified or registered mail, return receipt requested, addressed to the address shown on the candidate's notice of candidacy. If service is by personal delivery, proof of service shall be on Form No. 18 signed by the Election Supervisor or Election Coordinator making service and furnished to the Election Commission, showing the date, place and manner of service.
Standing Rock Sioux Tribe Code of Justice § 15-216, SRST COJ § 15-216
Current through Dec. 1, 2010
SRST COJ § 15-217
15-217. Ballots and Election Materials
SRST Code of Justice § 15-217
Title XV. Election
Chapter 2. Election Procedures
15-217. Ballots and Election Materials
(a) Duties of Election Supervisor. The Tribal Election Supervisor shall have the following duties, including but not limited to other duties set out in this Title:
1) The Supervisor shall arrange for all election supplies including the printing of all ballots and for the printing or other reproduction of tally lists and shall arrange for the delivery of the same to the judges and clerks before the opening of the polls.
2) If optical scan voting is used, the Supervisor will recruit a reputable company, approved by the Tribal Council, who will supply the optical scan voting equipment, supplies required for optical scan voting and all optical scan ballots.
(b) Ballots. The paper ballots where possible shall be uniform in size, of good quality paper and printed in black ink. If optical scan ballots are utilized, the paper quality and size will be determined by the Company providing the services.
(c) Form of Ballot. The ballot with Tribal seal shall set forth the name of the office and list all candidates under the office with the incumbent's name listed first and the names of all other candidates listed in the order of the date and time of filing, with boxes for the voter's mark. Notwithstanding any other provision, ballots shall not provide for write-in candidates, and voting for write-in candidates shall be prohibited.
(d) Delivery and Receipt for Ballots. The Supervisor shall cause to be delivered to the election judges and clerks of the respective districts the printed blank ballots and the other election materials including ballot boxes, each with a lock, and fitted with one opening, and no more, of sufficient size to admit a single folded ballot. The key to the lock shall be given to the Chief Election Judge. A duplicate key shall be retained by the Supervisor.
(e) Optical Scan Ballots. If the Optical Voting System is utilized, the company providing the services shall also provide the optical scan ballots and absentee ballots which the Supervisor shall cause to be delivered to the polls sites.
Standing Rock Sioux Tribe Code of Justice § 15-217, SRST COJ § 15-217
Current through Dec. 1, 2010
SRST COJ § 15-218
15-218. Duties of District Election Judges
SRST Code of Justice § 15-218
Title XV. Election
Chapter 2. Election Procedures
15-218. Duties of District Election Judges
(a) Voting Booths. The election judges shall provide sufficient private booths or other places for the voters to mark their ballots in secrecy and privacy.
(b) Present at Polls. The election judges and clerks shall be present at the district polling place on election day an hour before the polls open and shall remain until the polls close, all ballots have been counted, the tallies properly recorded and reported and the ballot boxes and ballots turned over for delivery as provided in Section 15-220(a)(8).
(c) Preparation of Ballot Boxes and Ballots. Immediately prior to the opening of the polls, the Chief Election Judge, in the presence of the other election judges and clerks, shall open the blank ballots and count the same. The count shall be checked and registered. Before receiving any ballots, the judges must, in the presence of all persons assembled at the polling place, open and exhibit the ballot box and remove any contents thereof, and then close and lock the same, delivering the key to the Chief Judge. Thereafter, the ballot box must not be removed from the polling place or the presence of the public except as provided in Section 15-220(a)(8), nor must it be opened until after the polls are finally closed.
(d) General Duties. The judges shall judge the election, be responsible for the ballots, voting records and materials and for canvassing and certifying the votes.
(e) Optical Scan Ballots. If the optical Scan Voting system is utilized, the election judges shall be responsible for issuance of the optical ballots at the District Polls Sites and the use of the Optical Scan Tabulator and any other equipment required for optical scan voting.
Standing Rock Sioux Tribe Code of Justice § 15-218, SRST COJ § 15-218
Current through Dec. 1, 2010
SRST COJ § 15-219
15-219. Procedure At The Polls
SRST Code of Justice § 15-219
Title XV. Election
Chapter 2. Election Procedures
15-219. Procedure At The Polls
(a) Voting Hours. The polls in each district shall open at 8:00 a.m. on election day and shall remain open until 7:00 p.m. of that day, Central Standard or Central Standard Daylight Time, whichever is in force, when they must be closed, provided that all voters present at the polls at 7:00 p.m. shall be allowed to vote.
(b) Elector Must Sign Register Book. Each elector must sign his/her legal name in the district register book before such elector may vote. If the elector cannot write his name, he shall sign by mark before two witnesses. The judges shall note by marking “X” or some other appropriate mark in the register book on the line opposite the name of the elector to show that the elector registered, and the elector shall then be given a ballot.
(c) Voting and Casting By Regular Paper Ballot. The District Election Judge or Election Clerk, before submitting the ballot (s) to the elector, shall stamp each Official Ballot with a stamp provided by the Election Supervisor which indicates the date of the election and which has the appropriate initials of the Election Judge or Election Clerk. Upon receipt of a ballot, the elector shall retire to one of the private voting booths or other designated places and there vote his ballot in secret. Only one person shall occupy a voting booth at one time, except as provided in 15-219(e).
The elector must mark and cast his ballot without leaving the polling place. The elector shall mark the ballot with either an “X” or a check, which mark, to be valid, must be identifiable with the appropriate square or place on the ballot for which it is intended. After the ballot is so marked, the elector shall fold the ballot so that the face or printed side is completely concealed and deposit the folded ballot in the ballot box.
(d) Voting and Casting By Optical Scan Ballot. The Tribe shall have the option of utilizing an Optical Scan Method of Voting. When an Optical Scan Ballot is used, the Optical Scan Tabulator will also be used which recognizes a certain type of mark which will be indicated on the ballot. The optical scan ballot will contain instructions on the how to vote.
(e) Disabled Electors. Any elector who cannot read the English language, or, because of blindness or other disability, cannot mark the ballot, may, upon request, be assisted by two (2) election judges or clerks in marking the ballot, but the judges or clerks shall neither by word, action or expression, influence or attempt to influence the elector.
(f) Spoiled Ballots. Any elector who spoils a ballot shall be entitled to a new ballot upon surrender of the spoiled ballot to the election judges. No elector shall receive more than one additional ballot. A judge shall place the name of the elector and the judge's initials on the back of the spoiled ballot. All spoiled ballots shall be kept in a separate envelope, securely sealed, marked “SPOILED BALLOTS”. All spoiled ballots shall be accounted for separately on the tally sheets.
(g) For optical scan voting. The optical scan voting tabulator will automatically eject a ballot that contains errors. The voter can correct the ballot and re-vote.
(h) Removing Voting Materials. No person shall take or remove from the voting place any ballot, ballot box, or other voting records or materials furnished by the Commission or the Supervisor.
(i) No Electioneering. There shall be no electioneering or campaigning, including campaign posters or literature within the polling place or within 50 feet of the polling place, while the election polls are open
(j) No Loitering. The only persons authorized to be at a polling place during voting hours are the judges, clerks, watchers, Election Supervisor and Election Commission members with duties described in this Title and eligible voters exercising their right to vote. No person is authorized at the polling place for any other purpose and there shall be no loitering in the polling place during voting hours.
Standing Rock Sioux Tribe Code of Justice § 15-219, SRST COJ § 15-219
Current through Dec. 1, 2010
SRST COJ § 15-220
15-220. Canvassing The Votes-Delivery of Ballots--Canvass of Results
SRST Code of Justice § 15-220
Title XV. Election
Chapter 2. Election Procedures
15-220. Canvassing The Votes-Delivery of Ballots--Canvass of Results
(a) Canvassing and Delivery of Regular Paper Ballots. The following method will be used when using the Regular Paper Ballots System of Voting:
1) Ballots to be Canvassed After Polls Close, in Public and Without Adjournment. After the polls close and after the absentee ballots are deposited in the ballot box as prescribed in Section 15-210 of this Title, the judges and clerks shall immediately proceed to canvass the votes. The canvass shall be open and in the presence of the public until completed and the result thereof publicly declared.
2) Method of Canvassing. The judges shall open the ballot box and remove the ballots unopened. If two or more ballots are found so folded together so as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed. The number of ballots shall be compared to the number of names on the poll lists. If, on comparison and further considering the appearance of ballots which are laid aside as noted above, a majority of the judges are of the opinion that ballots thus folded together were voted by one elector, such ballots must be rejected; otherwise they must be counted.
3) Where Ballots are In Excess of the Names on the Poll Lists. If the number of ballots cast in the ballot box are found to exceed the number of names on the poll lists, this fact shall be noted on the tally sheets by the clerk. No ballots shall be destroyed.
4) Ascertaining the Number of Votes Cast. The judges and clerks shall count and ascertain the number of votes cast for each candidate, office and issue. In making such count, the ballots must be opened singly by one of the judges and the contents thereof, while exposed to the view of the other judges, must be distinctly read aloud by the judge who opens the ballots. As the ballots are read, the clerk and at least one judge, independently, shall tally on a tally sheet the number of votes for each person, office and issue. The tally sheets must then be compared and their correctness ascertained. The clerk, under the supervision of the judges, immediately thereafter, shall set down, at length and in their proper places in the poll books, the total number of votes received by each person for the several offices and for each issue as shown by the tally sheets. No ballot or vote rejected by the judges shall be included in the official count.
5) Ballots Rejected for Illegality. Any ballot rejected by a majority of the judges as illegal shall be initialed and placed in an envelope marked “illegal ballots”. If a challenged ballot has been determined to be illegal, the ballot shall not be included in the official count and the ballot shall be placed in the illegal ballot envelope.
6) Legal Ballots to be Enclosed In Sealed Envelopes. All legal ballots, as soon as they are counted, must be carefully sealed in a strong envelope, each of the judges writing his/her name across the seal. If a challenged ballot is determined to be legal, then the ballot shall be included in the official count and listed as a legal ballot.
7) Return and Certification of Election Judges and Clerk. Upon completion of the canvass and counting and ascertaining the number of votes, as provided in Section 15-220(d), the Election Judges and Clerk shall complete and sign a return and certification specified as Form No. 11.
8) Securing the Ballots, the Ballot Box and Election Materials and Delivery. The judges and clerks_shall place in a strong outer envelope the sealed envelope containing the ballots as provided in Section 15-220(a)(5) and (6), all check lists including the district registry book, the unused blank ballots, and the envelope containing the spoiled and illegal ballots as required by Section 15-219(f) hereof, and all other election materials delivered to the election judges and clerks. The outer envelope shall be addressed to the Supervisor, securely sealed, and each judge and clerk shall sign his name on the outside of the envelope. The outer envelope and its contents and the key to the ballot box lock, held by the Chief Judge, shall be placed in the ballot box. The locked ballot box shall then be placed in the hands of the member of the Election Commission from the district where the polling place is located. The Election Commission member shall immediately, personally deliver the locked box and its contents intact to the Supervisor.
9) Telephone Results. As soon as the unofficial count in each District is completed, the Chief Election Judge shall call in the results to the Tribal Election Office.
(b) Canvassing & Delivery of Optical Scan Ballots. The following Method will be used when utilizing the Optical Scan Method of Voting after the polls close:
1) The district election judges shall give the optical scan ballot to the elector and may provide information on how the system works.
2) The elector shall be provided a special pen or pencil to be used for voting. The markings on the ballot shall be recognized Optical Scan Tabulator.
3) Upon receipt of the optical scan ballot the elector shall vote as indicated on the ballot.
4) The elector shall then place the optical scan ballot in the optical scan tabulator which will automatically tabulate the results.
5) The Optical Scan Tabulator will automatically eject the ballot, if the elector does not vote correctly. The elector can make the necessary correction on ballot and reinsert the ballot into the Tabulator.
6) When the polls close, the Optical Scan Tabulator will give the Official Count of the Ballots, no unofficial count will be necessary.
7) The Chief Election Judge shall telephone in the results of the election to the Tribal Election Office.
8) After the results are telephoned in. the Election Commission Member will immediately deliver the Ballots. Ballot Boxes and Optical Scan Voting Equipment, as required, to the Tribal Election office.
9) With Optical Scan Voting an Official Recount is not necessary. However, a recount may be ordered by the Election Commission as a result of a contest of election.
(c) Watchers. Each candidate shall be entitled to one watcher in each District in which the Candidate's name appears on the ballot.
1) Each candidate shall provide in writing to the Election Supervisor, at least 24 hours before the polls open, with the names and addresses of the candidate's Watcher for each District.
2) Watchers shall not be compensated by the Election Commission.
3) All Watchers shall be eligible voters of the Standing Rock Sioux Tribe and a resident in the District in which they serve as a watcher.
4) The Commission shall provide designated watchers with identification badges to be worn during the election. Only persons designated as Watchers in accordance with this Section shall be entitled to serve as watchers.
5) The watcher may watch the conduct of election and may challenge any voter or ballot. The judges shall immediately rule on any challenge. No ballot shall be given to a challenged voter until the challenge has been denied by the election judges. Where a ballot is challenged the judges shall write the word “CHALLENGED,” the basis of the challenge, their decision on the challenge and their initials on the back of any CHALLENGED BALLOT.
6) Watchers must conduct themselves in an orderly manner and must not interfere with the voting process. Challenges to voters shall be conducted in accordance with this section and shall not impede the rights of other voters.
7) The Tribal Election Supervisor will have the discretion whether to allow Watchers for Special and Recall Tribal Elections.
(d) Tie Votes. In the event of a tie vote for an office, a run-off election between or among the candidates tied for office, shall be held within twenty (20) days after the completion of the canvass. The candidates shall have ten (10) days. after the Notice of Special Run-Off Election is posted, to withdraw his/her name from the Run-Off Election, in writing. If one of the two candidates withdraws from the run-off election, the remaining candidate shall be declared the winner for that office.
Standing Rock Sioux Tribe Code of Justice § 15-220, SRST COJ § 15-220
Current through Dec. 1, 2010
SRST COJ § 15-221
15-221. Partial Invalidity Shall Not Invalidate The Entire Ballot
SRST Code of Justice § 15-221
Title XV. Election
Chapter 2. Election Procedures
15-221. Partial Invalidity Shall Not Invalidate The Entire Ballot
Where the vote for one or more offices or issues on a single ballot is rejected as illegal, it shall not affect the validity of the vote for other offices or issues on the same ballot.
Standing Rock Sioux Tribe Code of Justice § 15-221, SRST COJ § 15-221
Current through Dec. 1, 2010
SRST COJ § 15-222
15-222. Certification of Election To The Council
SRST Code of Justice § 15-222
Title XV. Election
Chapter 2. Election Procedures
15-222. Certification of Election To The Council
(a) For Election By Regular Paper Ballot Voting, The Election Commission shall constitute the board of canvassers. It shall meet no later than the day following the election, shall canvass the results of the election in public until the canvass is completed and the results of the election are certified by the Commission to the Tribal Council.
(b) For Election By Optical Scan Voting. The Commission shall constitute the board of canvassers. It shall meet no later than the day following the election to certify results of the election and provide the certification to the Tribal Council.
(c) Certification of Election. The Election Supervisor shall submit copies of the Election Commission Certification of the Election to the Standing Rock Sioux Tribal Council. The Certification of Election does not require the approval of the Tribal Council. The certification of election by the Election Commission is final subject to contest of election as provided in Section 15-223.
Standing Rock Sioux Tribe Code of Justice § 15-222, SRST COJ § 15-222
Current through Dec. 1, 2010
SRST COJ § 15-223
15-223. Contest of Election
SRST Code of Justice § 15-223
Title XV. Election
Chapter 2. Election Procedures
15-223. Contest of Election
(a) Filing a Contest. A contest of election may be brought by filing with the Supervisor a complaint duly verified under oath, setting forth a concise statement of the facts on which the contest is based. No complaint shall be considered unless filed within three (3) days (excluding, Saturdays, Sundays and Tribal holidays) after certification of the election results by the Commission and accompanied by a fee of $100.00 for the contest. The Commission shall render its decision within three (3) days (excluding, Saturdays, Sundays and Tribal holidays) on any contest growing out of the primary, general or special election. The decision of the Election Commission on any such contest shall be final. If the Election Commission, by majority vote determines the challenge to be frivolous, it may assess costs against the challenger.
(b) Notice and Hearing. Upon receipt of a complaint regarding a Contest of Election, the Election Supervisor shall, as promptly as possible, (1) immediately notify the Election Commission that a challenge has been filed, (2) notify the prevailing candidate, and all other candidates for that office, that a contest has been filed, providing a copy of the filed complaint to each, (3) set a time and place for the hearing on the contest, and (4) notify all candidates for the office as to why the contest has been filed, of the time and place for the hearing, and the fact that each has the right to be present at the hearing, to be represented by counsel at his own expense, present sworn oral testimony and documentary evidence, cross-examine other witnesses, and present argument regarding the contest of election.
(c) Hearings. Hearings shall be open to the public. The Commission may consult, or have present at the hearing, legal counsel. Witnesses shall present only sworn testimony which is within their personal knowledge. Unsworn statements and hearsay shall not be received or deemed admissible by the Commission. All witnesses shall be subject to cross-examination by the candidates or their attorneys, and shall be subject to questioning by the Commission or its attorney.
(d) Burden of Proof. The burden of proof shall be on the person contesting the election, to demonstrate by clear and convincing evidence (1) that the election substantially deviated from the requirements of this Title and (2) that if the election had been held without these deviations, the result would have been different. Errors which would not have changed the outcome of an election shall be deemed harmless error and shall not be grounds for upsetting an election result.
Standing Rock Sioux Tribe Code of Justice § 15-223, SRST COJ § 15-223
Current through Dec. 1, 2010
SRST COJ § 15-224
15-224. Elected Candidates Sworn Into Office
SRST Code of Justice § 15-224
Title XV. Election
Chapter 2. Election Procedures
15-224. Elected Candidates Sworn Into Office
The candidates, certified by the Commission as elected to office, shall as soon as possible following the certification of the results of the election, but not later than two weeks following the general election, take the Official Tribal Oath of Office as prescribed in Article III, Section 9, of the Constitution and shall assume their respective offices.
Standing Rock Sioux Tribe Code of Justice § 15-224, SRST COJ § 15-224
Current through Dec. 1, 2010
SRST COJ § 15-225
15-225. Intent, Purpose and Construction of This Title
SRST Code of Justice § 15-225
Title XV. Election
Chapter 2. Election Procedures
15-225. Intent, Purpose and Construction of This Title
The intent and purpose of this Title is to establish procedures for fair elections and to insure the secrecy and sanctity of the ballot. This Title shall be construed to accomplish such purpose and intent. Cognizance shall be given to substantial compliance. Lack of form shall not destroy the privilege of voting on the ballot if the intent is clear. Technicalities, as such, shall not be employed to obstruct or impede elections, or cause confusion or loss of confidence in the election system.
Standing Rock Sioux Tribe Code of Justice § 15-225, SRST COJ § 15-225
Current through Dec. 1, 2010
SRST COJ § 15-226
15-226. False Statements Made In Documentation Or Declaration Filed With The Standing Rock Sioux Election Commission
SRST Code of Justice § 15-226
Title XV. Election
Chapter 2. Election Procedures
15-226. False Statements Made In Documentation Or Declaration Filed With The Standing Rock Sioux Election Commission
A person who, in any document, statement or declaration furnished to the Election Commission, makes or files a false, misleading, or fraudulent document, statement or declaration of a material fact to the Election Commission, under oath or equivalent affirmation, or affirms the truth of a statement previously made is guilty of making or filing a false, misleading or fraudulent document, statement or declaration to the Standing Rock Tribal Election Commission. Making or filing a false, misleading or fraudulent document, statement or declaration to the Tribal Election Commission is a felony.
Standing Rock Sioux Tribe Code of Justice § 15-226, SRST COJ § 15-226
Current through Dec. 1, 2010
SRST COJ § 15-227
15-227. Records Retention
SRST Code of Justice § 15-227
Title XV. Election
Chapter 2. Election Procedures
15-227. Records Retention
All documents obtained under section 15-102(c) shall be retained, in a secure location, by the Election Supervisor or Coordinator for 6 months after the elected candidates are seated and then such documents shall be shredded. All other official documents relating to candidates for elections may be retained for three (3) years after the elected candidates are seated, and shall thereafter be shredded.
Standing Rock Sioux Tribe Code of Justice § 15-227, SRST COJ § 15-227
Current through Dec. 1, 2010
SRST COJ § 15-301
15-301. Eligibility For Election To Membership On Tribal School Boards
SRST Code of Justice § 15-301
Title XV. Election
Chapter 3. Tribal School Board Elections
15-301. Eligibility For Election To Membership On Tribal School Boards
The qualifications for Membership on the Tribal School Boards shall be determined by their respective Charter & Bylaws, Title, Code or Policies. These qualifications shall be listed on the Nominating Petition and Notice of Candidacy for each Tribal School Board and on the Proclamation of Election.
No candidate for Tribal School Board shall have been convicted of a Tribal, Federal or State felony or be delinquent on a debt to the Tribe, as set forth in Chapter 2, Section 102(g).
Standing Rock Sioux Tribe Code of Justice § 15-301, SRST COJ § 15-301
Current through Dec. 1, 2010
SRST COJ § 15-302
15-302. Filing For Office
SRST Code of Justice § 15-302
Title XV. Election
Chapter 3. Tribal School Board Elections
15-302. Filing For Office
(a) A person eligible to serve on a Tribal school board may become a candidate by filing a nominating petition and a notice of candidacy with the Election Supervisor, Standing Rock Sioux Tribe, Fort Yates, North Dakota, at least thirty days prior to election day. To be valid, a notice of candidacy must state the name of the candidate, the district in which he or she resides, the School Board to which the candidate seeks office, specified as Form No. 13.
(b) A nominating petition for a Tribal School Board must be signed by at least five (5) persons who are qualified to vote in the election for the school board, specified as Form No. 12.
The nominating petition shall also be signed by the candidate. Notwithstanding 15-313 or any other provision of law, a nominating petition which is not signed by the number of qualified voters with the proper residency as required under this subsection shall not be valid.
Failure to comply with this subsection shall not be deemed a technicality, nor shall any petition not bearing the required signatures be deemed to be in substantial compliance with this section.
Standing Rock Sioux Tribe Code of Justice § 15-302, SRST COJ § 15-302
Current through Dec. 1, 2010
SRST COJ § 15-303
15-303. Challenges of Eligibility of Candidates
SRST Code of Justice § 15-303
Title XV. Election
Chapter 3. Tribal School Board Elections
15-303. Challenges of Eligibility of Candidates
(a) Challenge of Eligibility. Any qualified voter may challenge the eligibility of any candidate for the school board, by filing with the Election Supervisor of the Standing Rock Sioux Tribe for that election, not later than three (3) days after the notice of election is posted with a written affidavit setting forth the grounds for the challenge. A challenged candidate shall be afforded three (3) days in which to furnish satisfactory proof that he is qualified. The Standing Rock Sioux Tribal Election Commission shall rule on all questions presented by a timely challenge of the candidate at least three (3) days before the election date.
(b) Testing Eligibility. The Commission shall test the eligibility of each person seeking to become a candidate for a Tribal School Board.
(c) Commission Decision Is Final. The decisions of the Commission under this section shall be final for the Tribe.
Standing Rock Sioux Tribe Code of Justice § 15-303, SRST COJ § 15-303
Current through Dec. 1, 2010
SRST COJ § 15-304
15-304. Who Is Qualified To Vote
SRST Code of Justice § 15-304
Title XV. Election
Chapter 3. Tribal School Board Elections
15-304. Who Is Qualified To Vote
(a) For the Standing Rock Community Grant School Board, any enrolled member of the Standing Rock Sioux Tribe, eighteen (18) years of age or older, who has resided on the Reservation for thirty (30) days immediately preceding the election is eligible to vote.
(b) For the Rock Creek and Sitting Bull Grant School Boards, any enrolled member of the Standing Rock Sioux Tribe eighteen (18) years of age or older who has resided in the Rock Creek or Running Antelope District, respectively, for thirty (30) days immediately preceding the election, shall be eligible to vote. Prisoners shall not be eligible to vote. Persons on parole or probation shall not be deemed prisoners.
Standing Rock Sioux Tribe Code of Justice § 15-304, SRST COJ § 15-304
Current through Dec. 1, 2010
SRST COJ § 15-305
15-305. Absentee Voting
SRST Code of Justice § 15-305
Title XV. Election
Chapter 3. Tribal School Board Elections
15-305. Absentee Voting
Absentee voting for School Board Elections shall be allowed in the same manner and to the same extent as is provided for Tribal Council elections.
Standing Rock Sioux Tribe Code of Justice § 15-305, SRST COJ § 15-305
Current through Dec. 1, 2010
SRST COJ § 15-306
15-306. Time of Election
SRST Code of Justice § 15-306
Title XV. Election
Chapter 3. Tribal School Board Elections
15-306. Time of Election
Elections for the Standing Rock Community School Board, the Sitting Bull Grant School Board, and the Rock Creek Grant School Board shall be held in conjunction with the General Elections of the Standing Rock Sioux Tribe.
Standing Rock Sioux Tribe Code of Justice § 15-306, SRST COJ § 15-306
Current through Dec. 1, 2010
SRST COJ § 15-307
15-307. Election Proclamations
SRST Code of Justice § 15-307
Title XV. Election
Chapter 3. Tribal School Board Elections
15-307. Election Proclamations
At least sixty (60) days before an election, the Standing Rock Sioux Tribal Council shall issue and cause to be posted and published, as hereinafter set forth, a proclamation of the election. The proclamation shall invite the filing of petitions for candidacy, and shall set out the time and place for filing such petitions. Each proclamation of election shall be posted at each polling place on the Reservation, at the Tribal Office, the Agency, and such other places of public notice as may be appropriate and shall be published at least once in a newspaper of general circulation on the Reservation.
Standing Rock Sioux Tribe Code of Justice § 15-307, SRST COJ § 15-307
Current through Dec. 1, 2010
SRST COJ § 15-308
15-308. Election Officials
SRST Code of Justice § 15-308
Title XV. Election
Chapter 3. Tribal School Board Elections
15-308. Election Officials
The Election Supervisor, Election Commission and election judges of the Standing Rock Sioux Tribe shall be the election officials for all Tribal School Board Elections, in accordance with 15-214 of this Title.
Standing Rock Sioux Tribe Code of Justice § 15-308, SRST COJ § 15-308
Current through Dec. 1, 2010
SRST COJ § 15-309
15-309. Notice of Election
SRST Code of Justice § 15-309
Title XV. Election
Chapter 3. Tribal School Board Elections
15-309. Notice of Election
As promptly as possible and at least (30) days before an election, except that in the case of a special election the Council may authorize a shorter period, the Election Supervisor shall cause a “Notice of Election” to be posted in each polling place on the Reservation, in the Tribal Office, the Agency, and such other places of public notice as may be appropriate. If time permits, the notice shall be published either in a tribal newspaper, or if that is not possible and time permits, in a newspaper of general circulation on the Reservation. The notice shall set forth the date of election and shall list the names of all candidates found eligible by the Commission, the respective offices, and the location of the polling places.
Standing Rock Sioux Tribe Code of Justice § 15-309, SRST COJ § 15-309
Current through Dec. 1, 2010
SRST COJ § 15-310
15-310. Election of Candidates
SRST Code of Justice § 15-310
Title XV. Election
Chapter 3. Tribal School Board Elections
15-310. Election of Candidates
Those candidates with the greatest number of votes from eligible voters for that school board shall be elected to office. If three positions are up for election from a school board, the candidates receiving the three highest vote totals for that school board shall be elected; if two positions are up for election from a school board, the candidates receiving the two highest vote totals for that school board shall be elected; and if one position is up for election from a school board, the candidate receiving the highest vote total for that school board shall be elected. This section will apply only when their governing Title, Code or Charter is silent.
Standing Rock Sioux Tribe Code of Justice § 15-310, SRST COJ § 15-310
Current through Dec. 1, 2010
SRST COJ § 15-311
15-311. Certification of Election
SRST Code of Justice § 15-311
Title XV. Election
Chapter 3. Tribal School Board Elections
15-311. Certification of Election
The certification of any Tribal School Board Elections shall be in accordance with 15-222 of this Title.
Standing Rock Sioux Tribe Code of Justice § 15-311, SRST COJ § 15-311
Current through Dec. 1, 2010
SRST COJ § 15-312
15-312. Contest of Election
SRST Code of Justice § 15-312
Title XV. Election
Chapter 3. Tribal School Board Elections
15-312. Contest of Election
The procedures for contesting an election shall be the same as for contesting the election of a member to the Tribal Council.
Standing Rock Sioux Tribe Code of Justice § 15-312, SRST COJ § 15-312
Current through Dec. 1, 2010
SRST COJ § 15-313
15-313. Elected Candidates Sworn To Office
SRST Code of Justice § 15-313
Title XV. Election
Chapter 3. Tribal School Board Elections
15-313. Elected Candidates Sworn To Office
The candidates certified by the Commission as elected to office shall as soon as possible following the certification of the results of the election, but not later than two (2) weeks following the General Election, take the Official Tribal Oath of Office as prescribed in Article III, Section 9, of the Constitution and shall assume their respective offices.
Standing Rock Sioux Tribe Code of Justice § 15-313, SRST COJ § 15-313
Current through Dec. 1, 2010
SRST COJ § 15-314
15-314. Intent. Purpose and Construction of This Chapter
SRST Code of Justice § 15-314
Title XV. Election
Chapter 3. Tribal School Board Elections
15-314. Intent. Purpose and Construction of This Chapter
The intent and purpose of this Chapter is to establish procedures for fair elections and to insure the secrecy and sanctity of the ballot. This Chapter shall be construed to accomplish such purpose and intent. Cognizance shall be given to substantial compliance. Lack of form shall not destroy the privilege of voting on the ballot if the intent is clear. Technicalities, as such, shall not be employed to obstruct or impede elections, or cause confusion, or loss of confidence in the election system.
Standing Rock Sioux Tribe Code of Justice § 15-314, SRST COJ § 15-314
Current through Dec. 1, 2010
SRST COJ § 15-401
15-401. Eligibility For Election To The Board of Commissioners of The Standing Rock Housing Authority
SRST Code of Justice § 15-401
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-401. Eligibility For Election To The Board of Commissioners of The Standing Rock Housing Authority
A person seeking to be a candidate for the office of member of the Board of Commissioners of the Standing Rock Housing Authority must meet the following qualifications:
1) Must be an enrolled member of the Standing Rock Sioux Tribe;
2) Must be eighteen (18) years of age or older;
3) Must be a resident of the District from which he seeks office for thirty (30) days next preceding the date of the election;
4) Must not have been convicted of a Tribal, Federal or State felony and must not be delinquent on a debt to the Tribe as set forth in Chapter 15-102(g).
Standing Rock Sioux Tribe Code of Justice § 15-401, SRST COJ § 15-401
Current through Dec. 1, 2010
SRST COJ § 15-402
15-402. Filing For Office
SRST Code of Justice § 15-402
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-402. Filing For Office
1) Nomination for Board of Commissioners. Nominations for the SRHA Board of Commissioners shall be by written nominating petition signed by at least five (5) District members, filed with the Election Supervisor, Standing Rock Sioux Tribe, Fort Yates, North Dakota, at least thirty (30) days prior to election day.
2) Form of Nominating Petition for Board Commissioners. Nominating petitions for SRHA Board of Commissioners shall be as set out on Form No. 14 of this Title.
3) Candidates to Accept Nominations. All nominating petitions shall be signed by the candidate nominated.
4) Notice of Candidacy. A notice of candidacy for Board Commissioner, on Form No. 15 of this Title, shall be filed with the nominating petition. Such forms shall be distributed to the districts by the Tribal Election Office staff upon request.
Standing Rock Sioux Tribe Code of Justice § 15-402, SRST COJ § 15-402
Current through Dec. 1, 2010
SRST COJ § 15-403
15-403. Challenges To Eligibility of Candidates
SRST Code of Justice § 15-403
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-403. Challenges To Eligibility of Candidates
1) Challenge of Eligibility. Any qualified voter may challenge the eligibility of any candidate for Standing Rock Housing Authority Board, by filing with the Election Supervisor of the Standing Rock Sioux Tribe for that election, not later than three (3) days after the notice of election is posted with a written affidavit setting forth the grounds for the challenge. A challenged candidate shall be afforded three (3) days in which to furnish satisfactory proof that he is qualified. The Standing Rock Sioux Tribal Election Commission shall rule on all questions presented by a timely challenge of the candidate at least three (3) days before the election date.
2) Testing Eligibility. The Commission shall test the eligibility of each person seeking to become a candidate for a Standing Rock Housing Board of Commissioners.
3) Commission Decision Is Final. The decisions of the Commission under this section shall be final for the Tribe.
Standing Rock Sioux Tribe Code of Justice § 15-403, SRST COJ § 15-403
Current through Dec. 1, 2010
SRST COJ § 15-404
15-404. Who Is Qualified To Vote
SRST Code of Justice § 15-404
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-404. Who Is Qualified To Vote
Each member of the Tribe, eighteen (18) years of age or older and a resident of a district for thirty (30) days immediately preceding an election, shall be eligible to vote for a SRHA Board member only for the district in which the member resides. Prisoners shall not be eligible to vote. Persons on parole shall not be deemed prisoners.
Standing Rock Sioux Tribe Code of Justice § 15-404, SRST COJ § 15-404
Current through Dec. 1, 2010
SRST COJ § 15-405
15-405. Absentee Voting
SRST Code of Justice § 15-405
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-405. Absentee Voting
Absentee voting for Standing Rock Housing Board elections shall be allowed in the same manner and to the same extent as is provided for Tribal Council elections.
Standing Rock Sioux Tribe Code of Justice § 15-405, SRST COJ § 15-405
Current through Dec. 1, 2010
SRST COJ § 15-406
15-406. Time of Election
SRST Code of Justice § 15-406
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-406. Time of Election
Election for the Standing Rock Housing Authority Board shall be held at the General Election of the Standing Rock Sioux Tribe. Eight (8) SRHA Board Members shall be elected, one by each of the eight (8) Districts of the Reservation. Those members elected in 1997 from the Districts of Bear Soldier, Cannon Ball, Long Soldier and Rock Creek shall serve until October, 2003. Those members elected in 2001 from the Districts of Porcupine, Kenel, Running Antelope and Wakpala shall serve a Four (4) Year Term ending in October, 2005. Thereafter all terms shall be Four (4) Years and staggered.
Standing Rock Sioux Tribe Code of Justice § 15-406, SRST COJ § 15-406
Current through Dec. 1, 2010
SRST COJ § 15-407
15-407. Election Proclamations
SRST Code of Justice § 15-407
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-407. Election Proclamations
At least sixty (60) days before an election, the Standing Rock Sioux Tribal Council shall issue and cause to be posted and published, as hereinafter set forth, a proclamation of the election. The proclamation shall invite the filing of petitions for candidacy, and shall set out the time and place for filing such petitions. Each proclamation of election shall be posted at each polling place on the Reservation, at the Tribal office, the Agency, and such other places of public notice as may be appropriate and shall be published at least once in a newspaper of general circulation on the Reservation.
Standing Rock Sioux Tribe Code of Justice § 15-407, SRST COJ § 15-407
Current through Dec. 1, 2010
SRST COJ § 15-408
15-408. Notice of Election
SRST Code of Justice § 15-408
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-408. Notice of Election
As promptly as possible and at least thirty (30) days before an election, except that in the case of a special election the Council may authorize a shorter period, the Election Supervisor shall cause a “Notice of Election” to be posted in each polling place on the Reservation, in the Tribal Office, the Agency, and such other places of public notice as may be appropriate. If time permits, the notice shall be published either in a tribal newspaper, or if that is not possible and time permits, in a newspaper of general circulation on the Reservation. The notice shall set forth the date of election and shall list the names of all candidates found eligible by the Commission, the respective offices, and the location of the polling places.
Standing Rock Sioux Tribe Code of Justice § 15-408, SRST COJ § 15-408
Current through Dec. 1, 2010
SRST COJ § 15-409
15-409. Election Officials
SRST Code of Justice § 15-409
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-409. Election Officials
The Election Supervisor and Election Commission of the Standing Rock Sioux Tribe shall be the election officials for all Standing Rock Housing Authority Board elections.
Standing Rock Sioux Tribe Code of Justice § 15-409, SRST COJ § 15-409
Current through Dec. 1, 2010
SRST COJ § 15-410
15-410. Election of Candidates
SRST Code of Justice § 15-410
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-410. Election of Candidates
The candidate with the greatest number of votes from eligible voters of a district shall be elected to the Office of Standing Rock Housing Authority Board member from that District.
Standing Rock Sioux Tribe Code of Justice § 15-410, SRST COJ § 15-410
Current through Dec. 1, 2010
SRST COJ § 15-411
15-411. Certification of Election
SRST Code of Justice § 15-411
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-411. Certification of Election
The certification of the Standing Rock Housing Authority Board Elections shall be in accordance with 15-222 of this Title.
Standing Rock Sioux Tribe Code of Justice § 15-411, SRST COJ § 15-411
Current through Dec. 1, 2010
SRST COJ 15-412
15-412. Contest of Election
SRST Code of Justice 15-412
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-412. Contest of Election
The procedures for contesting an election shall be the same as for contesting the election of a member to the Tribal Council.
Standing Rock Sioux Tribe Code of Justice 15-412, SRST COJ 15-412
Current through Dec. 1, 2010
SRST COJ § 15-413
15-413. Elected Candidates Sworn Into Office
SRST Code of Justice § 15-413
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-413. Elected Candidates Sworn Into Office
The candidates certified by the Commission as elected to office shall as soon as possible following the certification of the results of the election, but not later than two (2) weeks following the General Election, take the Official Tribal Oath of Office as prescribed in Article III, Section 9, of the Tribal's Constitution and shall assume their respective offices,
Standing Rock Sioux Tribe Code of Justice § 15-413, SRST COJ § 15-413
Current through Dec. 1, 2010
SRST COJ § 15-414
15-414. Intent. Purpose and Construction of This Chapter
SRST Code of Justice § 15-414
Title XV. Election
Chapter 4. Standing Rock Housing Authority Board
15-414. Intent. Purpose and Construction of This Chapter
The intent and purpose of this Chapter is to establish procedures for fair elections and to insure the secrecy and sanctity of the ballot. This Chapter shall be construed to accomplish such purpose and intent. Cognizance shall be given to substantial compliance. Lack of form shall not destroy the privilege of voting on the ballot if the intent is clear. Technicalities, as such, shall not be employed to obstruct or impede elections, or cause confusion, or loss of confidence in the election system.
Standing Rock Sioux Tribe Code of Justice § 15-414, SRST COJ § 15-414
Current through Dec. 1, 2010
SRST COJ § 15-501
15-501. Local District and Other Tribal Board Elections
SRST Code of Justice § 15-501
Title XV. Election
Chapter 5. Local District and Other Tribal Board Elections
15-501. Local District and Other Tribal Board Elections
The elections for the Local District Council Offices, Joint Tribal Advisory Board, Standing Rock Farm Board, Sitting Bull College Board and any other Tribal Boards, which the Tribal Council may specify through the Tribal election process, will be held in accordance with this Title, including but not limited to their respective Titles, Code or Charter and Bylaws. The elections for the above named Local District Councils and Tribal Boards will be held in conjunction with the tribe's General Election and in compliance with this Title.
Standing Rock Sioux Tribe Code of Justice § 15-501, SRST COJ § 15-501
Current through Dec. 1, 2010
SRST COJ § 15-502
15-502. Nominating Petitions & Notices of Candidacy
SRST Code of Justice § 15-502
Title XV. Election
Chapter 5. Local District and Other Tribal Board Elections
15-502. Nominating Petitions & Notices of Candidacy
The Election Supervisor shall also have authority to develop, prepare and distribute the Nominating Petitions and Notices of Candidacy for the Local District Offices and other Tribal Boards in accordance with their respective Titles, Codes and/or Charter & Bylaws.
Standing Rock Sioux Tribe Code of Justice § 15-502, SRST COJ § 15-502
Current through Dec. 1, 2010
SRST COJ Res. No. 274-09
Ordinance No. 197 and Resolution No. 274-09
SRST Code of Justice Res. No. 274-09
Title XV. Election
Resolutions
Ordinance No. 197 and Resolution No. 274-09
ORDINANCE NO. 197
BE IT FURTHER RESOLVED, that the Title XV ELECTIONS of the Tribal Code of Justice of the Standing Rock Sioux Tribe, be and the same is hereby amended.
[DOCUMENT ATTACHED]
RESOLUTION NO. 274-09
BE IT FURTHER RESOLVED, that pursuant to the power vested in the Standing Rock Sioux Tribe under Article IV, of the Constitution of the Standing Rock Sioux Tribe and that the foregoing amendments to Tribal Ordinance No. 197, Title XV. Elections of the Tribal Code of Justice, are hereby approved and adopted; and
BE IT FURTHER RESOLVED, that the Chairman and Secretary of the Tribal Council are hereby authorized and instructed to sign this resolution for and on behalf of the Standing Rock Sioux Tribe.
CERTIFICATION
We, the undersigned, Chairman and Secretary of the Tribal Council do hereby certify that the Tribal Council is composed of [17] members of whom 12 constituting an quorum, were present at a meeting, thereof, duly are regularly called, noticed, convened and held on the 7th day of MAY, 2009, and that the foregoing resolution was adopted by the affirmative vote of 11 members, with 0 opposing, and with 1 not voting. THE CHAIRMAN'S VOTE IS NOT REQUIRED EXCEPT IN CASE OF A TIE
DATED THIS 7th DAY OF MAY, 2009.
Standing Rock Sioux Tribe Code of Justice Res. No. 274-09, SRST COJ Res. No. 274-09
Current through Dec. 1, 2010