Susanville Indian Rancheria [Ordinances], Election

TRIBAL ELECTION ORDINANCE

Ordinance No. 2001-005

Purpose: The purpose of this Ordinance is to establish the rules governing the election procedures of the Susanville Indian Rancheria.

Section I: Eligibility to Vote

Any enrolled member of the Tribe who is eighteen (18) years or older prior to the date of the election, regardless of residence, shall be eligible to vote.

Section II: Eligibility to Hold Office

Any member, twenty-one (21) years or older who has resided at least one year prior to an election, on the Susanville Indian Rancheria or within the city limits of Susanville, California is eligible to be nominated, elected and hold office as an officer of the Tribe (Chairman, Vice-Chairman, Secretary/Treasurer). No person who has been convicted of a felony shall be eligible to hold office on the Tribal Business Council.

Any member, twenty-one (21) years or older who has resided on the Lower Rancheria for at least one year prior to an election shall be eligible to hold office as a District 1 Council Member.

Any member, twenty-one (21) years or older who has resided on the Upper Rancheria for at least one year prior to an election shall be eligible to hold office as a District 2 Council Member.

Section III: Election Duties

A. Duties of the General Council

1 . The General Council shall hear and settle all election appeals and complaints within 30 days of the election. The decision of the General Council shall be final. In the event there is no General Council quorum, then the Tribal Business Council shall hear and settle all election appeals and complaints by the 30th day after the election. No candidate shall vote on any election dispute.

B. Duties of the Tribal Business Council

1. Set the date, time, and place of all Special Tribal Elections. Regular elections of the Tribal Business Council are established as the first Saturday of November per the Constitution.

2. Appoint a five (5) member Election Board at the quarterly General Council meeting held in September of each year, which shall be separate from the control of the Tribal Business Council.

(a) An Election Board member must have a High School diploma or General Education diploma.
(b) It will be deemed a conflict of interest for any related member (Mother, Father, Sister, Brother, Wife, Husband, Son, Daughter) of the nominees to serve on the Election Board.

3. Prepare and post notices at the Rancheria of the date of the meeting at which nominations for Tribal Business Council candidates will be received, and mail a copy of the notices to all eligible voters. This must be accomplished at least 30 days prior to the meeting date.

4. Furnish the Election Board with a copy of the election ordinance to inform the board of its duties.

5. Furnish the Election Board with a copy of the current tribal voting membership roll.

C. Duties of the Election Board

1. The Spokesperson shall be named from the appointed election board members.

2. The Election Board shall verify eligibility of the nominees from the current tribal membership roll.

3. Prepare a list of eligible voters from the current tribal membership roll and post the list at the Rancheria tribal office at least twenty-five (25) days prior to the date of a called election.

4. Prepare notices, then post notices on the Rancheria and mail notices to all tribal voting members no later than one week after the nominations, giving the following information: (a) Purpose of the election, (b) date, time and place of the election, (c) method of casting ballots, (d) where to obtain absentee ballots, (e) where to return absentee ballots, (f) date by which an absentee ballot must be received in order to be counted.

5. When requested in a timely manner by tribal members who are unable to attend the election, absentee ballots shall be furnished in ample time (the election committee will send an absentee ballot within three working days after receipt of the request) to allow for the ballots to be postmarked and received prior to noon on election day. Absentee ballots may be requested in the following manner: in person, by a letter, or fax. The absentee ballot request must include the signature of the tribal member and their tribal enrollment number.

6. Prepare a register of eligible voters for use at the polls.

7. Supervise all elections as follows:

a) The spokesperson of the Election Board shall announce the opening of the polls at the specified times.

b) The Spokesperson of the Election Board shall announce the closing of the polls at the proper time, and no voting shall take place thereafter.

c) The Spokesperson shall make certain that the ballot box is empty, then locked when the polls are opened, and ensure that the box remains locked while the polls are open.

d) When the polls are opened, remove the absentee ballot envelopes from their postmarked envelope and place them folded in the ballot box.

e) Enter the words, "Voted Absentee" opposite the names of each person on the voters register who voted absentee and whose ballot was returned within the required time.

f) Require each eligible voter, who votes at the polls, to sign the register of eligible voters before he/she receives a ballot. No person shall be allowed to vote by proxy or vote more than one time.
g) Following the closing of the polls, the Spokesperson of the Election Board shall unlock the ballot box and the tally shall take place with the Election Board Spokesperson reading aloud from the ballots and the remaining Election Board members keeping tally. If the results of both counts are the same, the count shall be called correct. If the two counts differ, the votes shall be counted until agreement is reached. After the count is deemed correct, all ballots must be kept in a secure and locked location within the tribal office for at least 90 days after the election.
h) The Election Board shall prepare a written report of the election, including the number of voters and the results of the vote, and shall sign and certify as to the accuracy of the election report. The certified election report shall be handled pursuant to Section IX - Election Results.

Section IV: Terms of Office

The Tribal Business Council elections shall be conducted annually on the first Saturday of November to fill those Tribal Business Council positions which have expired. Currently the terms for the Chairperson, Vice-Chairperson and Secretary/Treasurer expire in 2003, the terms for one representative from District 1 and one representative from District 2 expire in 2002 and one representative from District 1 and one representative from District 2 expire in 2001. All
terms will be for three years. Members of the Tribal Business Council shall remain in office until their successors are duly elected and installed.

Section V: Nominations

Candidates for election as officers shall be nominated from the floor at the General Council meeting in September of the election year. In the event that there is not a quorum present at the meeting, the Tribal Business Council shall have the power to conduct nominations from those members present. Nominees must attest, in writing, that they meet all the requirements to hold office and either be present at the General Council meeting or have presented written and notarized documentation indicating their desire to be a candidate on or before the General Council meeting in order to be accepted as a nominee. Nominees will be advised of the duties involved with each council position. A person can be nominated for only one council position. The eligibility of the nominees shall be verified from the current tribal membership roll by the Spokesperson of the Election Board.

Section VI: Manner of Voting

A. All elections for the election of office shall be accomplished by the use of secret ballot.

B. Any qualified voter may vote by presenting himself/herself at the polls at voting time and by signing the voting register, marking, and placing in the ballot box the ballot that shall be handed to him/her. All ballots shall be numbered and this number shall be entered by the voter's signature on the voting register at time of voting. Once ballots are entered, the number may be torn/cut off before depositing into the ballot box. This is up to the voter. Numbering the ballots will provide an accurate ballot count.

C. Absentee voting shall be permitted. Absentee ballots must be requested in person, writing by letter, or fax, postmarked, and received prior to noon on the day of the election. All requests will be logged in upon receipt, the numbered ballot will be entered on the log with the name of the person requesting the absentee ballot. Upon receipt of the marked absentee ballot, the number will be logged in and the ballot deposited into the ballot box by the person in charge of the ballot box.

D. Write-in votes will be allowed and counted as valid for all elections.

Section VII: Handling of Special Circumstances

A. Spoiled Ballot -

(a) A spoiled ballot is when the voter defaces a ballot. No voter shall place any mark upon a ballot that will make that ballot identifiable or any inappropriate mark.

(b) Should an elector who votes at the polls spoil their ballot in their effort to vote, they shall fold and return it in the presence of the election officials. Such elector shall then, in the presence of said officials, destroy said ballot and the election officials shall then provide such elector with another ballot in the same manner that the first one was provided. A voter shall not receive more than a total of three ballots, including the original ballot, in this manner. The election official shall write in ink on the proper blank line on the stub of the spoiled ballot the word "spoiled." He shall not write the name of the elector upon the stub of the duplicate ballot, but shall write in ink instead the words "Duplicate of Ballot #____________" giving the number of the original spoiled ballot.

(c) Should an elector, when voting by Absentee Ballot, spoil their ballot in their effort to vote they may request another ballot by requesting in person, writing by letter, or fax and must destroy the spoiled ballot. The election official shall write in ink on the log in sheet next to the appropriate line the word "Duplicate of Ballot # _______", giving the number of the original spoiled ballot.

B. Ties - In the event that, at the completion of the canvas of the election results as prescribed in this Section, the tally reveals that any candidate has received the same number of votes received by another candidate in the contest, the election board shall conduct a recount of the ballots cast in the contest. Should a tie exist at the completion of the recount, the election board will conduct a special "run off" election limited to the tied candidates. The same procedure shall be followed in the event that the affirmative and negative votes are tied in an election on involving issues, a referendum, and a recall or constitutional amendment. The run-off election shall be immediately noticed to be held not more that forty-five (45) days from the date of the election in which the tie vote occurred.

Section VIII: Polling

A. Polls shall be open from 8:00 A.M. to 7:00 P.M. on the date of the called election.

B. There shall be no electioneering within two hundred (200) feet of the polling place during the hours the polls are open.

C. No more than two (2) poll watchers shall be allowed at any polling site at one time during an election. Poll watchers will not interfere with, campaign to or disrupt the voters in any way during the course of their poll watch.

Section IX: Election Results

A. The candidate receiving the highest number of votes for his position shall be declared elected.

B. Following the election, the Election Board shall, within 15 days of the election, prepare a report of the election and certify as to its accuracy and further, shall announce and post the results and send the originally executed Election Report to the Superintendent of the Northern California Agency, Redding California.

C. The Spokesperson of the Election Board shall be the responsible official to ensure that all election materials are kept in a secure and locked location within the tribal office for at least ninety (90) days after each election in the event of a protest or order for recount.

Section X: Installation of Successful Candidates

A. Notification and Installation - Successful candidates shall be immediately notified that they will be installed in office at the next Tribal Business Council meeting or within ten (10) working days (whichever comes first) following certification of election results and a written notice will follow the immediate oral notification as to the time and date of installation. Installation of any candidate for a particular position may be postponed, however, until such time as there is a determination of any dispute over the election for that position.

B. Oath of Office - Each successful candidate elected to the Tribal Business Council shall take an oath of office prior to the assuming of the duties of such position, by which oath shall pledge himself or herself to support and defend the Tribe's Constitution and bylaws. The following form of oath of office shall be administered by a representative of the election board:

"I__________________ do solemnly swear (or affirm) that I will carry out faithfully and impartially the duties of my office to the best of my ability, that I will promote and protect the best interests of the Susanville Indian Rancheria in accordance with its Constitution and bylaws."

Section XI: Vacancies, Recall, and Removal

A. Vacancies - Any office which has been vacated, whether it be by death, resignation, removal, recall or forfeiture, shall be filled by appointment by the Tribal Business Council at its next meeting and such replacement shall serve the unexpired term of office unless the unexpired term is for six (6) months or more, in which case it shall be filled by a special election of the General Council called by the Election Board within thirty (30) days of the vacancy.

B. Recall - Upon receipt of a petition which is signed by at least 30% of the qualified voters for the recall of an elected official(s), the Tribal Business Council shall call for and hold a meeting within seven (7) days to review and declare the petition valid and the Tribal Business Council shall, within thirty (30) days, call for and hold a General Council Meeting to vote on the recall. The official(s) being recalled will have the right to appear before the General Council whereupon, the General Council hearing verbal and written documentation, a secret ballot vote shall be taken to recall or not to recall the official(s). A majority vote, (51% of those voting), of the General Council to remove is final. After due notice, it shall be the responsibility and duty of the General Council, through its elected officials and the election board, to immediately declare any position(s) vacant and shall promptly fill such vacancy(ies) in accordance with Article IV of the Constitution of the Susanville Indian Rancheria.

(a.) The Recall petition must state the grounds for recall. Grounds for recall of a Tribal Business Council member are: conviction of a felony; conviction of a crime involving moral turpitude; conviction of a crime against the Tribe (or against its agents or employees while serving in their official capacity); fraud; gross negligence; dereliction of duties; or misuse of Tribal funds.

(b.) Before any vote for recall is taken, such member or official shall be given a written statement of the charges against him/her at least ten (10) days before the meeting of the General Council at which he/she is to appear and he/she shall be given an opportunity to answer any and all charges at the designated General Council meeting.

C. Removal - Any member of the Tribal Business Council of the Susanville Indian Rancheria, who during the term for which he/she is elected, is convicted of a felony in any federal or state court shall automatically forfeit his/her office effective on the date of his/her initial conviction in a court of competent jurisdiction. Any member of the Tribal Business Council found guilty by the Tribal Business Council of behavior involving misconduct reflecting on the dignity and integrity of the tribal government and its members or malfeasance in office shall be suspended if at least four (4) members of the Tribal Business Council vote in favor of such suspension. The accused shall be given a written statement of the evidence against him/her at least thirty (30) days before a meeting of the General Council, at which he/she is to appear and he/she shall be given the opportunity to answer any and all charges. Individual(s) being charged shall have a right to counsel. All charges and evidence shall be brought before the General Council for their action. A majority decision (51% of those voting) of the General Council to remove shall be final. No member of the Tribal Business Council shall preside over the meeting at which his/her removal is being considered.

Section XII: Initiative and Referendum

A. Initiative - The eligible voters of the Rancheria reserve the right to propose and enact legislation that will be binding on the Tribal Business Council and the Rancheria. Upon receipt of a valid petition signed by at least thirty percent (30%) of the qualified voters, it shall be the duty of the Tribal Business Council to call and conduct an initiative election within sixty (60) days presenting to the qualified voters for their determination such issues or questions set forth in the petition. The decision of the majority (51 % of the voters) shall be binding on the Rancheria.

B. Referendum - Upon presentation to the Tribal Business Council of a petition signed by thirty percent (30%) of the qualified voters, the Tribal Business Council shall either: (1) adopt the provisions of the petition by ordinance, resolution or other appropriate action, or (2) provide that the issue presented by the petition be voted on within sixty (60) days at a regular or special election. The Tribal Business Council shall abide by the vote of the majority, (51 %), of the voters in any such election.

Section XIII: Appeals

Appeals from action of the Election Board in connection with elections shall be heard by the General Council at a
specially called meeting held within thirty (30) days of the election and the decision of the General Council shall be final. In the event there is no General Council quorum, then the Tribal Business Council shall hear and settle all appeals and complaints by the 30th day after the election. No candidate shall vote on any election dispute.

Section XIV: -Amendments

This ordinance, or any section therein, may be amended by a majority vote of the General Council at a duly called regular or special meeting and additionally may be amended by the eligible voters utilizing the initiative or referendum process under Section XII.

CERTIFICATION

We, the undersigned as duly elected officials of the Susanville Indian Rancheria, do hereby certify that the foregoing ordinance was enacted by the qualified members of the Susanville Indian Rancheria General Council, in which a referendum ballot was conducted on December 18, 2001, by a Vote of 47 for, 8 against and 0 abstaining, and that this ordinance has not been rescinded or amended in any way.

ATTEST;

          /s/                                                                            /s/
Doyle Lowry                                                             Ike Lowry
Secretary/Treasurer                                                   Tribal Chairman

SUSANVILLE INDIAN
RANCHERIA

November 28, 2001

Dear Tribal Member:

Enclosed for your review and approval or disapproval is the Tribe's new election ordinance. This ordinance was developed by the Constitution and Bylaws Committee and reviewed by the Tribal Business Council.

Please place the ballot in the enclosed return envelope and mail the ballot back to the tribal office. All ballots must be received by the tribal office no later than 12:00 p.m., DECEMBER 18, 2001, in order to be counted. The U.S. Postal Service is the ONLY AVENUE available for this mailing.

Sincerely,

/s/
Ike Lowry
Tribal Chairman