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Absentee-Shawnee Tribe of Indians of Oklahoma


Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Election Ordinance
Article XVI. Recall of Officials


Section 1.

This article shall be effective upon all Elected Tribal Officials and shall be in compliance with Article VI, Section 7(D) and Article VII, Section 1, 2, and 3 of the Tribal Constitution. Request for interpretations of the aforementioned Articles shall be by Judicial Review of the Tribal Court.

Absentee Shawnee Election Code Art. XVI,   1, AST ELECTION Code Art. XVI,   1

Section 2.

A Recall petition, as described in Article VII, Section 2 of the Constitution, shall be hand-delivered to the Election Commission, who will, in the presence of the petitioner, counter sign and date the Petition as evidence of the receipt of said Petition. The Election Commissioner shall be informed within twenty-four (24) hours, of the receipt of a Recall Petition excluding Weekends and Holidays.

Absentee Shawnee Election Code Art. XVI,   2, AST ELECTION Code Art. XVI,   2


Section 3.

Upon receipt of the Recall Petition as described in Article VII, Section 2 of the Absentee Shawnee Tribal Constitution and a non-refundable fee of five hundred dollars ($500.00) in the form of a cashier's check or money order, each member of the Election Commission shall be notified within forty-eight (48) hours, that a Recall Petition has been filed and shall call a special meeting within five (5) business days, excluding Weekends and Holidays, to determine the validity of said Petition.

Absentee Shawnee Election Code Art. XVI,   3, AST ELECTION Code Art. XVI,   3

Section 4.

A Recall Petition shall be declared valid by the Election Commission when the following conditions are met:

A) The recall petition must be signed by at least thirty percent (30%) of the eligible voters and names will be verified from the eligible voter list maintained by the Tribal Secretary Office. Deceased Tribal member names appearing on said petition shall not be counted in the thirty percent (30%).

B) The Recall Petition shall include a complete and exact clarification of reasons, charges, or intentions at the beginning of each sheet of said Petition and shall designate the name of one Registered Voting Member of the Tribe to act as spokesman empowered to clarify said Petition. Failure to comply with this requirement shall be cause for voiding said Petition.

C) The Recall Petition shall contain the name of the Elected Tribal Official and his office under consideration for Recall on each sheet of the Petition. Only one (1) member of an elected body under Recall shall be considered for Recall, however; one member from each elected body may be under consideration for Recall as described in Article VII, Section 2, of the Tribal Constitution.

D) In the event the Recall Petition is declared invalid, the same Petition may be resubmitted to the Election Commission within thirty (30) days for validation. If a Petition is declared invalid a second time, the Petition shall not be resubmitted.

Absentee Shawnee Election Code Art. XVI,   4, AST ELECTION Code Art. XVI,   4