Absentee-Shawnee Tribe of Indians of Oklahoma
Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Election Ordinance
Article IV. Qualifications for Office
Section 1.
Prior to being declared a candidate for an elective office or being appointed to an elective office, the individual must meet the minimum qualifications pursuant to Article XI of the Absentee Shawnee Tribal Constitution.
Absentee Shawnee Election Code Art. IV, 1, AST ELECTION Code Art. IV, 1
Section 2. Qualifications of Candidates
Before being declared a candidate for any elective office, each prospective candidate must show that the following qualifications have been met:
A) An enrolled member of the tribe.
B) An eligible voter for purposes of voting in tribal elections.
C) Must be twenty-one (21) years of age on the date of the election for which he/she desires to be a candidate.
D) Physically reside within the following Oklahoma Counties: Cleveland, Potawatomie, Oklahoma, McClain, Garvin, Pontotoc, Seminole, Lincoln, or Okfuskee.
E) In cases where a prospective candidate has been convicted of a felony, such person shall not be eligible for consideration as a candidate until at least five (5) years have passed following completion of the penalty for such conviction(s).
F) Not more than one (1) member of an immediate family shall be elected to the same tribal elective body except when running as a candidate for the same elective position. Provisions shall be set forth in the Election Ordinance to deal with such concepts.
SPECIFIC/ADDITIONAL QUALIFICATIONS for candidates running for Elective Office may be imposed if approved by tribal referendum.
A) An elected official has to complete the term of office to which he/she was elected before running for another position on the same elective body unless the position is in the same election year.
B) In order to ensure the rights of tribal members and potential candidates, the Election Commission may find that a candidate is ineligible for office if it is established by the Election Commission, in accordance with due process procedures that provide for a hearing and an opportunity to be heard, that the potential candidate has previously violated the Oath of Office; and the aforementioned administrative ruling of the Election Commission may be appealed to the Absentee Shawnee Tribal Court or, further, the Election Commission may appeal to the Absentee Tribal Court.
C) In order to ensure the rights of tribal members and elected officials, the Election Commission may find an elected official has violated the Oath of Office if it is established by an administrative ruling of the Election Commission in accordance with due process procedures that provide for a hearing and an opportunity to be heard and such administrative ruling of the Election Commission may be appealed to the Absentee Shawnee Tribal Court or, further, the Election Commission may appeal to the Absentee Shawnee Tribal Court.
D) If it has been determined by the Election Commission or a Court of Law, by clear and convincing evidence, that a potential candidate and/or an elected official has violated the Oath of Office, they will be eliminated as a candidate until such time that five (5) years has passed after such determination and all Court orders and obligations are met.
Absentee Shawnee Election Code Art. IV, 2, AST ELECTION Code Art. IV, 2
Section 3.
APPOINTMENTS to fill vacancies, shall be filled by persons who meet the qualifications of this Article and any specific qualifications which may be imposed pursuant to Section 2 of this Ordinance.
Absentee Shawnee Election Code Art. IV, 3, AST ELECTION Code Art. IV, 3
Section 4.
Pursuant to Article VI, Section 4 of the Absentee Shawnee Tribal Constitution, the Election Commission is empowered to assess reasonable filing fees for each candidate filing for elective office. The fees will be payable to the Election Commission of the Absentee Shawnee Tribe, by certified check, cashier's check, or money order. The fees shall be used for election expenses and shall be dispensed solely by the Election Commission.
Absentee Shawnee Election Code Art. IV, 4, AST ELECTION Code Art. IV, 4
Section 5.
Any person who wishes to announce their candidacy for an elective position for the Primary Election shall be required to post the appropriate filing fee, along with the Candidacy Filing Packet, with the Election Commission for the period of January 1-10 (excluding weekends and holidays) from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. A person may file for only one (1) elected position on any elective body.
Absentee Shawnee Election Code Art. IV, 5, AST ELECTION Code Art. IV, 5