2008 Business Committee Ordinances
Date2008
MediumDocument
ClassificationsArchive
Object numberBC.BCO.2008
Description2008 Business Committee OrdinancesOrdiance #08-01 - Election Ordinance.
Ordinance #08-02 - Appealate Procedure of the Citizen Potawatomi Nation Codes and Ordinances repeal.
Ordinance #08-03 - An Ordinance repealing conflicting Ordinances.
Finding AidOrdinance # 08-01
ELECTION ORDINANCE
OF
THE CITIZEN POTAWATOMI NATION
BE IT ENACTED BY THE CITIZEN POTAWATOMI NATION
ARTICLE I
CITATION AND PURPOSE
S1-101: Citation
This enactment may be cited as the Election Ordinance of the Citizen Potawatomi Nation.
S2-102: Purpose
The purpose of this ordinance is to establish the rules and procedures for conducting elections
authorized in the Revised Constitution of the Citizen Potawatomi Nation as adopted August 16,
2007.
ARTICLE II
WORDS AND PHRASES
S2-101: Definitions
The following definitions shall control the meanings of the following terms:
a. "Tribal Court" shall mean the Citizen Potawatomi Nation Tribal Courts.
b. "Legislative Ordinance" and "Legislative Resolution" shall mean the official
document, and its adoption by the Legislature, by which the Legislature acts on
behalf of the Nation under the authority granted to it by the Revised Constitution.
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c. "Nation" and all derivatives thereof shall mean the Citizen Potawatomi Nation.
d. "Tribe" and all derivatives thereof shall mean the Citizen Potawatomi Nation.
e. "Legislative District" shall mean the geographical area from which a Legislator or
Executive Officer may be elected.
f. "Revised Constitution" shall mean the Revised Constitution of the Citizen
Potawatomi Nation as adopted by the Nation on August 16, 2007.
g. "Elective Office" shall mean an elected office of the Citizen Potawatomi Nation.
S2-102: Time Periods
Unless otherwise provided herein, all of the time periods established herein for filing, challenges,
contests, or appeals are jurisdictional and cannot be waived.
ARTICLE III
ELECTION COMMITTEE
S3-101: Creation
An Election Committee is hereby created and established having the duties and powers
hereinafter set forth. The Election Committee shall conduct all elections and referendum votes
in accordance with the Tribal Constitution and with this ordinance.
S3-102: Composition
The Election Committee shall consist of five persons: Chairman, Vice-Chairman, Secretary,
Assistant Secretary, and Marshal.
S3-103: Appointment
Subject to confirmation by the Legislature, the Chairman of the Citizen Potawatomi Nation shall
appoint the members of the Election Committee and designate the Chairman of the Committee:
a. On or before the first Wednesday in October.
b. By resolution in substantially as set forth in Appendix Form 1. (Resolution
Format)
c. If a vacancy occurs on the Election Committee, the Chairman shall fill the
vacancy within thirty (30) days.
S3-104: Oath
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Prior to entering into the duties of office, each Election Committee member shall take the
following oath of office to be administered by a member of the Executive Committee or a Tribal
Court Judge:
"I, _____, do hereby solemnly swear, or affirm, that I will support, protect
and defend the Constitution and laws of the Citizen Potawatomi Nation, and will
cause the elections of the Citizen Potawatomi Nation to be conducted fairly,
impartially, and in accordance with the laws of the Citizen Potawatomi Nation, so
help me God."
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S3-105: Officer Selection
The Chairman of the Citizen Potawatomi Nation shall select a Committee Chairman from among
the Election Committee members. A Vice Chairman, Secretary, Assistant Secretary, and
Marshal shall be selected by the Election Committee, who shall certify in writing to the Business
Committee the names of the persons so selected.
S3-106: Sub-Appointments
The Election Committee may appoint such observers, clerks, counters, marshals, and alternates,
as necessary to conduct the election and shall certify such appointments in writing to the
Chairman of the Citizen Potawatomi Nation.
S3-107: Filing Certifications.
Copies of all certified appointments and sub-appointments shall be filed with the Secretary of the
Citizen Potawatomi Nation and be open for public inspection at the Nation's headquarters in
Shawnee, Oklahoma.
S3-108: Eligibility
No person may be appointed to the Election Committee unless eligible and qualified.
a. A person is eligible if:
1. A member of the Tribe and
2. 21 years of age or older.
b. A person is not qualified for appointment if:
1. Under any court-ordered guardianship due to mental incapacity,
2. The natural or adopted brother, sister, parent, child, or spouse to a current
candidate,
3. A current candidate for election to any tribal office to be decided by that
election,
4. Ever convicted of a felony,
5. Ever found civilly or criminally liable of issuing a false publication in
connection with a tribal election or criminal guilt of a non-felonious crime
involving the election laws of the Tribe, or
6. Ever found civilly or criminally liable for breaching a fiduciary or
contractual duty to the Tribe.
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S3-109: Term
Each Election Committee member shall serve from appointment until the election results for all
offices have been certified.
S3-110: Compensation
Members of the Election Committee are to receive only such compensation, traveling expenses,
or stipend, as may be authorized by the Legislature.
S3-111: Records
The Election Committee shall maintain complete accurate minutes of meetings and retain all
documents pertaining to an election. These records shall be filed with the Secretary of the
Citizen Potawatomi Nation within forty-eight (48) hours after the conclusion of each meeting
and shall be open for public inspection during normal office hours at the Nation's headquarters
in Shawnee, Oklahoma.
S3-112: Duties
Each Election Committee member has the duty to become thoroughly familiar with this
ordinance and the Tribal Constitution and By-Laws to see that these laws are rigorously followed
and to immediately document and report any violations to the marshal or other law enforcement
personnel. In addition:
a. Chairman: The Chairman shall be the presiding member and responsible for the
overall activities of the Election Committee, including safekeeping of the ballots
and ballot box(es).
b. Vice Chairman: The Vice Chairman shall assist the Chairman, preside in his
absence and assist in the conduct of the election.
c. Secretary: The Secretary shall record and maintain accurate minutes of meetings
and records pertaining to an election. The Secretary shall verify the authenticity
of these records and be responsible for providing all Election Committee
certifications except where otherwise provided herein after each Election
Committee meeting. All records shall be filed with the Secretary-Treasurer of the
Tribe within two (2) working days after each meeting.
d. Assistant Secretary: The Assistant Secretary shall assist the Secretary, serve in
the Secretary's absence, and assist in the conduct of the elections.
e. Marshal: The Marshal shall maintain order at the polls and enforce the election
laws. The Marshal shall have these powers from the time the polls open until
declaration of all election results is final.
f. Clerks: Appointed Clerks shall assist in the conduct of the elections, and shall
check off the voters on the list of qualified voters. Each Clerk shall keep a
separate record of the members voting, which shall be cross-checked frequently
by the Chairman or his designate to insure accuracy.
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S3-113: Procedure
The Election Committee acts only by majority vote of a quorum at a properly
called and noticed meeting.
a. Quorum. A quorum of the Election Committee shall consist of any three
members.
b. Meetings. Meetings may be called at any time by the Chairman or by request of a
majority of the Election Committee. In the event the Chairman fails to call a
meeting as requested, the other members of the Election Committee who request a
meeting may convene one upon prior registered mail notification to all members
of the Election Committee and the Secretary-Treasurer.
c. Where. All meetings shall be at the tribal office unless notice of the place and
time of the meeting is conspicuously posted in the tribal office at least forty-eight
(48) hours prior to the meeting.
S3-114: Rules
Upon the conclusion of each election, the Election Committee shall have the authority to
recommend such rules, not inconsistent with this Ordinance, as may be necessary and proper for
the conduct of tribal elections. Such rules shall be approved by the Legislature. Copies should
also be posted in prominent places in the tribal offices and such other places as the Election
Committee may deem advisable. A copy of the rules should be promptly delivered to the tribal
newsletter for publication.
ARTICLE IV
GENERAL ADMINISTRATION
S4-101: Election Days
All tribal elections and referendum votes, unless otherwise specifically provided by law, shall be
on a Saturday. Regular elections of members of the Legislature and Executive Officers shall be
held on the last Saturday in June of each election year. All other required Citizen Potawatomi
elections or constitutionally mandated elections shall be held upon call of the Legislature or the
Election Committee as provided by the tribal Constitution and By-Laws.
S4-102: Forms
The forms contained in the Appendix of Forms are sufficient under this ordinance and are
intended to indicate the simplicity and brevity of statement which this ordinance contemplates.
Except as provided herein, all forms needed for Citizen Potawatomi elections and referendum
votes shall be prescribed and provided by the Election Committee. The Citizen Potawatomi
Nation shall be responsible for the cost of producing all forms.
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S4-103: Instructions to Voters
Instructions to voters describing the manner of casting one's vote shall be posted at the polling
place and issued upon request to all eligible voters with a ballot.
S4-104: Public Information
The Election Committee shall widely disseminate to the tribe information about the dates and
times of election, locations of polling places and other election-related data. The Election
Committee is authorized to publish, in the tribal newsletter and in other newsprint media, names
of candidates, election dates, polling places, election results, and other information as necessary
to discharge its duties.
S4-105: Polling Place
The polling place of all Citizen Potawatomi elections shall be the Nation's headquarters in
Shawnee, Oklahoma and the mailing address for the submission of all absentee ballots shall be as
designated by the Election Committee.
S4-106: Ballot Box
Locked empty ballot boxes shall be provided and shown at the polling place prior to voting.
Each ballot box shall be constructed of substantial material and shall be equipped with a lock so
that the keys of one lock will not unlock others. Each box shall be equipped with a slot or
opening in the top through which a ballot may be inserted, but so the box must be unlocked
before the ballots can be removed.
S4-107: Access to Ballots
The Election Committee Chairman and Election Committee Secretary shall retain ballot box
keys in their custody until all election results are finally certified. Only those authorized by this
ordinance shall have access to the ballot boxes at specific times designated by the Election
Committee.
S4-108: Voting Booths
At least two voting booths shall be provided at the polling place. The booths shall be constructed
with a counter shelf so that:
a. No more than one person is in the booth, and
b. Voters can mark their ballots in secrecy.
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S4-109: Poll Watchers
Each candidate may designate in writing one person, not a candidate, to watch the activities at
the polls.
a. A Poll Watcher is eligible if:
1 . A member of the Tribe and
2. 21 years of age or older.
b. A Poll Watcher is not qualified for appointment if:
1 . Under any court-ordered guardianship due to mental incapacity,
2. Ever convicted of a felony,
3. Ever convicted of non-felonious crime involving the election laws of the
Tribe, or
4. Ever found civilly or criminally liable for breaching a fiduciary or
contractual duty to the Tribe.
Such designation must be presented to Election Committee Officials in writing one week prior to
the election. Poll Watchers may not interfere in any way with the conduct of the election, but
may observe only. Any poll watcher interfering with the election or attempting to electioneer in
any way may be ejected from the poll area by a marshal or law enforcement officer.
S4-110: Electioneering and Loitering
No person shall be allowed to electioneer inside or within one hundred (100) feet of the polling
place where and when the election is in progress. Neither will any loitering be permitted in the
polling places during voting hours. Election officials at the polling place have the duty to obtain
such assistance as may be required to maintain order about the building during the progress of
the election.
S4-111: Voter Conduct
No intoxicated person will be permitted in the polling place. No person will be permitted to
conduct himself in such a manner which may interfere with the election progress. No person
shall engage in any activity which serves as a detriment to the election progress or which inhibits
the rights of another to vote.
S4-112: Anonymous Election Material
It shall be unlawful for any person, firm, corporation, partnership, organization, or association to
write, print, post, or distribute or cause to be written, printed, posted or distributed a statement,
circular, poster or advertisement which is designed to influence the voters on the nomination or
election of a candidate or to influence the voters on any constitutional or statutory amendment or
on any other issue in a Potawatomi tribal election, or to influence the vote of any member of the
Business Committee or Tribal Council, unless there appears in a conspicuous place upon such
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circular, poster, or advertisement, either the name and address of the person, if an individual, or
the name and address of the president, chairman, or secretary, or of two officers of the
organization, if an organization. Persons violating this act shall be guilty of a crime punishable
by the maximum incarceration and fine allowed by law.
S4-113: Application
The provisions of this section shall not be constructed to apply to any matter published in any
newspaper, magazine, or journal recognized and circulating as such, which matter is published
upon its own responsibility and for which it shall not charge or receive any compensation
whatsoever, nor shall the provisions of this section apply to any publication issued by any
legally-constituted election officials in the performance of their duties. For purposes of this
provision only, a newspaper, magazine or journal is a publication which is published at intervals
of either one month or less, on a continuous basis, and has been so published on said continuous
basis for the six months prior to the date when ballots can first be requested by tribal members
for elections of Business Committee members at the General Council. The newspaper, magazine
or journal must also bear the address of the business office where the publication or legal
representative is located.
S4-114: Public Disclosure of Campaign Contributions
Each candidate for elective offices in the Citizen Potawatomi Nation shall file a public disclosure
statement that identifies all persons, corporations, groups, etc., contributing in excess of $50.00
to that individual's campaign. This disclosure must be made to the Secretary-Treasurer of the
Tribe no later than four (4) weeks after the day of the election. If no contribution has been
received, a statement must be filed stating so. Failure to file public disclosure under this section
is punishable by a fine of $500.00 and possible disqualification from the election if the individual
falsifies or refuses to file the required reports.
S4-115: No Posting of Tribal Campaign Election Literature or signs on Tribal Property.
It shall be unlawful for any person, firm, corporation, partnership, organization or association to
post election literature, material or signs on Tribal property. Posting of literature, signs or other
partisan political activity strictly prohibited. The distribution of tribal campaign literature will be
allowed on Election Day at the tribal polling place, subject to specifications in Section S4-110.
Nothing in this Section shall be interpreted as a general prohibition against the placement of
advertisements in the tribal newspaper or on tribally-maintained Web sites.
S4-116: Candidates who are employed with the Citizen Potawatomi Nation must comply with
the Citizen Potawatomi Nation Employee Handbook with regard to campaigning or candidacy
for office.
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ARTICLE V
CHAPTER ONE
ELIGIBLE VOTERS
S5-101: Eligibility
Every tribal member 18 years of age or older is eligible to vote in accordance with the Revised
Constitution.
S5-102: Voters Lists
The Secretary of the Citizen Potawatomi Nation shall have the duty to compile from the tribal
membership rolls a voter list of all persons who will be eligible voters on the date scheduled for
the election, shall certify the voter list and:
a. Present a certified copy to the Election Committee no later than the first business
day in January prior to the election, except for unforeseen circumstances,
b. Maintain at least one certified copy of the names of the eligible voters of each
Legislative District at the Nation' s headquarters in Shawnee, Oklahoma for public
inspection during regular business hours no later than the second Monday in
December, and
c. Maintain at least one certified copy of the names of the eligible voters of each
Legislative District at each polling place on Election Day to verify the eligibility
of those presenting themselves to vote.
CHAPTER TWO
CHALLENGES
S5-201: Who May Challenge
Any person may challenge the eligibility of anyone whose name appears on the voter list, or may
apply to have his name added to the voter list.
S5-202: How To Challenge
A voter list challenge is initiated by filing a written petition with the Election Committee. No
special form of petition shall be required although the petition shall:
a. Clearly indicate the substance of the challenge,
b. Specify the name or names challenged
c. Set forth the relief requested,
1. To add a name, or
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2. To delete a name, and
d. Include supporting evidence.
S5-203: Time for Challenge
A challenge must be initiated no later than ten (10) days after the Tribal Secretary deposits the
certified voter list in the tribal office.
S5-204: Decision
The Election Committee should render a decision on a challenge within ten (10) days of filing.
Failure to timely act will be considered a denial of challenge.
S5-205: Appeal
Any party aggrieved by the action or inaction of the Election Committee may thereafter appeal to
Tribal Court.
S5-206: Appeal Time
An appeal must be filed within five (5) working days of the publication of the decision by the
Election Committee.
S5-207: Appeal Parties
The individual members of the Election Committee and Legislature shall not be named as
defendants in an appeal. The tribal attorney or the Tribal Chairman's appointee shall represent
the Election Committee, Legislature and/or Executive Officers, under the direction of the Tribal
Chairman, and the Court shall expedite such case so as to reach a final decision prior to Election
Day. No election shall be postponed because of pending voter list challenge.
ARTICLE VI
CANDIDATES
S6-101: Eligibility to File
In order to file for any office, a candidate must be eligible and qualified.
a. A person is eligible to be a candidate for a Legislative Office if:
1. Eighteen (18) years of age or older,
2. A member of the Tribe, and
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3. Physically residing within the respective Legislative District for a period
of not less than six months.
b. A person is eligible to be a candidate for an Executive Office if:
1. Thirty-five (35) years of age or older,
2. A member of the Tribe, and
3. Physically residing within the State of Oklahoma for a period of not less
than six months.
c. A person is not qualified for an elected office if:
1. Ever convicted of a felony or other offense involving dishonesty while
holding an elected tribal office,
2. Ever found civilly or criminally liable for a breach of fiduciary duty to the
Nation or misconduct in elected office, or
3. Ever impeached or recalled from an elected tribal office.
d. Each successful candidate for an Executive Office in the Citizen Potawatomi
Nation must submit a completed personal information form containing their
personal financial information to the Comptroller of the Currency as required
under the Standard Change of Control application form for National Banks no
later than seven (7) days after the election results are certified. This statement
will be incorporated into the candidate filing form.
S6-102: Ballot Eligibility
To be eligible to seek election and be placed on the ballot, a person must timely file for that
office.
S6-103: Filed Candidate
To be a filed candidate, one must:
a. Be eligible to file,
b. Timely file a declaration of candidacy on the appropriate form with the Secretary-
Treasurer of the Citizen Potawatomi Nation or his designee or the Election
Committee or their designee, and
c. Timely pay a filing fee of one hundred-fifty dollars ($150.00) upon filing by
guaranteed check (such as cashier's or official bank check.)
S6-104: Filing Period
A candidate must file by United States Mail received no later than the end of the filing period or
5:00 p.m. of the second Wednesday of January, or as designated by the Legislature.
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S6-105: Form of Declaration
On the approved form, the declaration of candidacy must be by affidavit and contain sufficient
information for the Election Committee to determine that the candidate is eligible to file, is
seeking a particular office, and has complied with this ordinance. The declaration should be as
shown in Appendix Form 2. Any reasonable copy of the form may be used.
S6-106: Names of Candidates
Candidates must file as legally named on the tribal rolls. Each candidate may specify one (1)
nickname to be placed on the ballot alongside the candidate's true name. No nicknames may be
used if identical or substantially similar to the name or nickname of another candidate. Should a
dispute over the use of a name arise, the Election Committee's decision shall be final and such
decision shall not be subject to appeal. To specify a nickname, a candidate must affirm in the
declaration of candidacy that:
a. The candidate is known by the nickname and
b. The nickname is not being used for any other purpose than to accurately identify
the candidate.
S6-107: Acceptance
The Election Committee shall accept any filing on the approved form by a person which, on its
face, appears valid, that is, shows the candidate filing is eligible and qualified and has timely
filed and tendered the filing fee. Acceptance shall entitle the candidate to have his name appear
on the ballot unless the candidate withdraws as hereinafter set forth or unless a contest to his
candidacy is sustained in the manner hereinafter described.
S6-108: Certification of Slate
As soon as practical after the filing period closes, the Election Committee shall file a written
certification of the slate of candidates for the election with the Tribal Secretary.
The certification shall also indicate all filings not accepted and the reasons for non-acceptance.
S6-109: Use of Tribal Newspaper
After filing closes, the tribal newspaper will provide an equal amount of free space in the next
edition for all candidates appearing on the certified slate. The purpose of allowing the free space
is to allow the candidates to identify themselves to the voters. All other space in the tribal
newspaper shall be available to candidates on a set-fee.
The contents of free and paid advertisements shall be reviewed to insure that they do not contain
libelous, slanderous, false, or misleading statements. Deadlines for receiving advertisement copy
shall be set by the editor and published in the newspaper.
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S6-110: Filing for More Than One Office Prohibited
No person shall be a candidate for more than one office during any one election, nor may a tribal
office holder seek another office except when the office holder's term expires
contemporaneously with the election. Each candidate must specify which office is being sought.
CHAPTER TWO
WITHDRAWALS
S6-201: Withdrawals
Any candidate for office may withdraw a declaration of candidacy by filing a written notice of
withdrawal with the Election Committee at any time prior to the election. The withdrawal notice
shall contain the candidate's name and the office sought, and shall be notarized or sworn to
before a person authorized to administer oaths. A timely withdrawal is final. Notice shall be by
certified mail.
S6-202: Procedure on Withdrawal
If a candidate withdraws, the Election Committee shall post notices to that effect at all polling
places and within the voting booths, and may line through or otherwise obliterate the candidate's
name from the ballot. Any votes cast for a withdrawn candidate shall be rejected.
CHAPTER THREE
CHALLENGES
S6-301: Kinds
The certified slate may be challenged either because a candidacy was allegedly wrongfully
certified or because a person's attempted filing was allegedly wrongfully rejected. Any
challenge of a candidate or to the certified slate must be made within five working days after the
slate has been certified and posted to be a valid challenge.
S6-302: Who May Challenge
Any candidate may challenge the eligibility of any other candidate for the same office. If only
one candidate has filed for an office, any person on the voter list may challenge the eligibility of
that candidate. Only the person whose filing is not accepted may challenge the non-acceptance.
S6-303: How To Challenge
A challenge must be initiated by filing a written petition with the Election Committee. Each
petition shall state with particularity the reasons for the challenge.
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S6-304: Hearing
Upon receiving a candidacy challenge, the Election Committee shall immediately deliver copies
to the challenged candidate and all other candidates for that office. A hearing on the challenge
must be held within five (5) days of receipt of challenge. The Election Committee must render a
decision on the challenge within seventy-two (72) hours of commencing a hearing. No formal
pleadings are required. The Election Committee may subpoena witnesses and take testimony
under oath. The challenger has the burden of proof.
CHAPTER FOUR
APPEAL
S6-401: Appeal
Any proper party to a candidacy challenge aggrieved by the Election Committee decision may
appeal to the Tribal Court.
S6-402: Appeal Time
An appeal must be filed with the Tribal Court on or before the expiration of two (2) business
days following announcement of the Election Committee decision.
S6-403: Relief
The appellant shall have the burden of proof. The Tribal Court shall either:
a. Affirm the Election Committee decision or
b. Reverse the Election Committee decision and, depending upon which is
appropriate, add or strike a candidate's name from the slate certification.
S6-404: Time for Declaration
The Tribal Court has ten (10) days to act on the appeal proceeding Election Day. Failure of the
Tribal Court to render a decision within twenty (20) days is an affirmation of the Election
Committee's decision.
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ARTICLE VII
BALLOTS
S7-101: Candidate's Names
The name of any candidate for office shall be printed on the official ballot as set forth in the
declaration of candidacy without any prefix, suffix, or title. A nickname may be included if
properly requested. Positions on the ballot will be determined by incumbency first with the
remaining candidates for a particular office being placed on the ballot in alphabetical order. As
soon as the candidates filing period closes and period challenges expire without a timely
challenge, the Election Committee will prepare a ballot. If candidacy challenge is filed, the
ballot will be prepared as soon as the challenge is resolved.
S7-102: Unopposed Candidates
Any candidate who is unopposed for an office shall:
a. Appear on the ballot with the designation "unopposed" printed next to his name,
and
b. On Election Day be deemed elected to that office.
S7-103: Ballot Care
a. Specific instructions to the voter may be printed at the top of the ballot. Ballots
shall not be numbered or show any other lettering or identifiable markings, unless
such markings be on a perforated "tear-off" slip to be removed prior to placing the
ballot in the ballot box.
b. Only one ballot shall be cast by each eligible voter.
c. A ballot shall be cast only after the voter has signed the poll register unless voting
by absentee ballot.
d. Election Committee officials shall account for all "ballots."
e. A ballot shall be issued to each eligible voter by mail or through distribution at
the tribal offices by the Election Committee.
ARTICLE VIII
ABSENTEE VOTING
S8-101: Eligibility
Any voter can vote by absentee ballot.
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S8-102: Application
Requests for absentee ballots may be written, printed or typed and must include the correct
mailing address, roll number, date of birth, and legal signature of the person making the request.
These requests must be mailed to the Post Office Box designated by the Election Committee.
S8-103: When To Apply
Requests to vote an absentee ballot must be post-marked not less than twenty (20) days prior to
the election.
S8-104: Receiving Ballot and Absentee Voter List
After the final certification of the slate of candidates has been made, the Election Committee will
have until March 1st or as soon as practicable thereafter to print the ballots. Ballots will then be
mailed to the voters no earlier than May 1st or later than June 20th upon receipt of an appropriate
and timely request.
The Election Committee shall maintain an accurate written record ("Absentee Ballot List") of all
ballots so issued (including the name, address, roll number, and legal signature of the voter to
whom each absentee ballot was issued, and the date of the issue).
S8-105: Voting
Those voting by absentee ballot shall mark their ballots, seal them in an inner envelope, and see
that the absentee ballot is timely delivered. Only the outer envelope shall have the voter's name,
return address, roll number and legal signature written upon it. A written reminder of the
requirement of the specified information to be placed on the outer envelope shall be
conspicuously printed on the outer envelope and on the ballot. Ballots will not be counted
unless legal signature and role number are provided.
S8-106: Delivering Completed Ballot
Those wishing to vote by absentee ballot must see that their outer envelope with enclosed inner
envelope and absentee ballot are delivered to the designated post office box not later than 10:00
a.m. of the last Saturday in June unless otherwise provided for by the Legislature.
S8-107: Handling
All absentee ballots received by the Election Committee shall remain in the Post Office or sealed
locked ballot boxes provided for that purpose until 8:00 a.m. of Election Day, at which time the
Chairman of the Election Committee, or an election official designated by the Chairman of the
Election Committee, and at least one other election official shall:
a. Receive the ballots from the post office,
b. Personally transport the ballots to the polling place,
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c. Deliver the ballots immediately, still sealed, to the remaining members of the
Election Committee,
d. Deposit the ballots unopened in a special locked ballot box, and
e. Tabulate the ballots by election officials in the presence of candidate poll
watchers.
In the event of a large mail-in vote, the Election Committee has the option to verify (not count)
the returned absentee ballots prior to Election Day. Prior to an official meeting of the Election
Committee, the procedure will involve: 1) obtaining the envelopes from the post office; 2)
bringing the envelopes to the court room; 3) certifying the identification of the voter on the outer
envelope in the presence of a poll watcher (if appointed) and a tribal police officer; and 4)
placing the envelopes in a sealed locked ballot box or returning them to the Post Office.
S8-108: Procedure Mandatory
No absentee ballot will be received at any time or by other means than provided herein.
ARTICLE IX
CONDUCT OF ELECTIONS
CHAPTER ONE
VOTING
S9-101: Voting Period
The polls shall be opened at each polling place from 7:00 a.m. until 2:00 p.m. Saturday the day
of General Council meeting. Any voter in line at the polling place at 2:00 p.m. but unable to cast
a ballot before 2:00 p.m. shall be allowed to cast a vote.
S9-102: Voting
All voting is by secret ballot. Upon being identified as an eligible voter by the presentation of a
Citizen Potawatomi Enrollment Card containing the member's photograph, or the presentation of
an older Citizen Potawatomi Enrollment Card without the member's photograph and a second
form of photographic identification, and verification of the prospective voter being on the official
voter's list and not having previously received a ballot, each prospective voter shall:
a. Sign his name on a voter register, kept for that purpose, to acknowledge receipt of
the ballot,
b. Be handed an unused ballot by an election official,
c. Vote in privacy, in a voting booth, by marking the box opposite the name of the
candidate supported by the voter,
d. Fold the ballot so the choice cannot be seen by others, and
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e. Personally deposit the ballot in the ballot box.
f. If electronic machines are used to tabulate the vote, the voter shall insert the ballot
into the machine or the ballot shall be secured in a locked box until such time as it
may be inserted.
Members of the Election Committee may, at their discretion, require a second form of
identification beyond the Citizen Potawatomi Enrollment Card.
S9-103: Voter Assistance
The election officials may allow a voter to obtain the assistance of any person in casting a vote if
the voter is physically unable to cast a ballot and assistance, without previous suggestion, is
requested. The Election Committee shall decide whether assistance may be rendered which
decision shall be final and unappealable.
S9-104: Marking the Ballot
A ballot shall show only the marking of the voter's choice and shall not show more choices than
the election calls for. A person may choose not to vote for any candidate for a particular office.
However, if a voter marks a ballot so that the vote is apparently for more than one candidate for a
single office or for a candidate not properly listed, or bearing any other such material errors, the
ballot will not be counted, but will be marked by an official and retained as hereinafter provided.
Voters voting in person, and not by absentee ballot, who mark a ballot improperly may ask for
another ballot.
S9-105: Mutilated Ballots
If a voter mutilates a ballot or renders the ballot unusable another may be obtained, and the
mutilated ballot shall be folded and marked "mutilated" in ink. Each member of the Election
Committee on duty at the polling place shall sign below this marking and the mutilated ballot
shall be placed in a large envelope marked "mutilated ballots." The envelope containing all
mutilated ballots shall be placed in the ballot box at the end of the voting.
S9-106: Unused Ballots
Ballots unused at the end of the voting shall be tied together, marked "unused" in ink, signed by
at least two election officials, and placed in the ballot box at the end of the voting.
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CHAPTER TWO
COUNTING THE VOTE
S9-201: The Tally
All election material shall be transported to the counting room. Thereafter, the Election
Committee shall:
a. Unlock the ballot box(es),
b. Remove the regular ballots, and
c. Tabulate the vote.
d. If electronic machines are used, tabulation of the vote is done as soon as the voter
completes his ballot and inserts it into the machine or as soon as reasonably
possible thereafter.
S9-202: Verifying the Absentee Ballots
The Election Committee shall verify the absentee ballots. Each outer envelope shall be opened,
but the inner envelope shall remain unopened at that point. The Chairman shall then determine:
a. Whether the person whose name is signed to the outer envelope and affidavit is a
qualified voter and
b. Whether the voter is on the absentee ballot list.
S9-203: Counting Ballots
The Election Committee shall count the absentee ballots manually or by electronic voting
machines. If electronic machines are used, the count shall be tabulated on the day of the
election.
S9-204: Observing Tally
At least two election officials shall view each ballot, and each counter shall keep a separate tally
of the votes cast. Each candidate may select a watcher, not a candidate, who shall not interfere
with the tally process, but can observe and keep a separate record of the tally of the ballots. If
electronic machines are used to tabulate the vote, the tally shall be done electronically.
S9-205: Rejection Of Ballots
If, during the tallying of the votes, the members of the Election Committee are unable to
determine from a ballot the choices of a voter, the ballot shall be rejected. A rejected ballot shall
be marked "rejected" in ink. Each member of the Election Committee shall sign his name below
this marking. Rejected ballots shall be kept together and placed in the ballot box at the end of
the tally.
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S9-206: Certified Abstract
At the close of the tally, the Election Committee members shall:
a. Open each ballot box and display the empty box to all persons present to insure
that no ballots are contained therein,
b. Determine the total vote cast including the absentee ballots for each candidate for
each office,
c. Write down these totals, together with the number of rejected ballots, spoiled
ballots, unused ballots and total ballots printed,
d. Sign the written totals as a certified abstract of the election results,
e. Read the certified abstract aloud to the public, and
f. Deliver copies of the certified abstract to:
1. The Executive Committee,
2. The Tribal Court Clerk, and
3. The Election Committee files in the Tribal Secretary's Office.
S9-207: Recounts
If the votes cast for two or more candidates (with the highest vote) is tied, or if the highest vote is
larger than the next highest vote by less than 10% of the total vote cast for that office, the
Election Committee shall recount the vote for that office on all the unmutilated, unrejected
ballots, rejecting any from which it is unable to determine the choice of the voter. The recounts
shall continue until two consecutive counts agree, and a new abstract shall then be prepared and
read aloud to the public.
S9-208: Request For Recount
Since the Election Ordinance provides for automatic recount of ballots, any request for recount
of ballots must list the reasons therefore in writing and be submitted to the Election Committee
Chairman or his designated representative within two (2) working days after the election.
Such request must be accompanied by a non-refundable cashier or official check of $250.00 and
made payable to the Citizen Potawatomi Nation. Said check shall be forwarded to the tribal
Secretary-Treasurer to be credited against the cost of the recount. The Election Committee shall
meet and decide within five (5) days of receipt of the notice whether or not such reasons listed in
the request are sufficient to cause a recount of ballots. If no recount is made, the $250.00 is
refunded.
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S9-209: Run-Off Elections
A candidate must receive a majority of the votes in order to be elected. If the abstract shows that
the highest number of votes cast for any one candidate is less than a majority of the votes cast, a
run-off election shall be held within sixty (60) days between the two candidates receiving the
highest number of votes cast in the general election. In the event of a tie vote between the
candidates with the second highest number of votes cast, three names shall be on the run-off
election ballot. The Election Committee shall supervise the run-off election using the same rules
and procedures followed in the general election. As soon as some candidate has received a
majority of votes in the run-off election, no further run-off elections will be held.
S9-210: Retention of Ballots
Upon completion of the election and announcement of the certified abstract, the Election
Committee shall lock all ballots and records in the ballot box and deposit the ballot box in the
vault of the designated bank, post office, or other secure area as approved by the Election
Committee, to be held for safekeeping until final certification of the election results and
installation of all officers. Only the Chairman of the Election Committee and Secretary of the
Election Committee shall have access to these records. After installation of all officers, the
Election Committee shall return all ballots and election records to the Tribal Secretary to be
placed in permanent confidential tribal records for a period of five (5) years. The documents will
not be available for public viewing in order to preserve the confidentiality of the persons voting
in the election. From and after the date of final installation of all elected officials and after the
five-year period is completed, the Tribal Secretary may remove the election ballots and records,
except the final certification of successful candidates and destroy them. The final certification of
election results entered by the Election Committee shall not be removed but shall be retained as a
permanent public record.
S9-211: Election Certification
The Election Committee shall certify the election results for all uncontested offices immediately
after the appeal period for filing an election contest expires. If an election office is timely
contested, then no certificate of election for contested office shall be issued until, if appropriate,
after the election contest is finally decided.
S9-212: Finality
The Election Committee's certification of uncontested election results or the Election
Committee's certification of the election results following an election contest provided for herein
shall be final unappealable.
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ARTICLE X
INSTALLMENT
S10-101: Installment
In order to provide for an orderly transition of power, all newly-elected officers shown on the
certificate of election shall be installed immediately following the election by taking the Oath of
Office before any member of the Citizen Potawatomi Judiciary or the Chairman of the Citizen
Potawatomi Nation or Vice Chairman when authorized in writing by the Chairman. The Oath of
Office is as follows:
I, _____ , do solemnly swear that I will support, protect and defend the
Constitution and laws of the Citizen Potawatomi Nation, that I will faithfully and
impartially carry out the duties of my office and represent the interest of the
Potawatomi people. These things I will do to the best of my ability so help me
God.
S10-102: Effect of Installment
Once an officer is installed, removal is only by impeachment, recall or some other procedure
authorized by the tribal constitution or recount certification.
S10-103: Incumbents
Consistent with Article 12, Section 1 of the Tribal Constitution, the term of an incumbent office
holder shall not expire until installation of his successor.
ARTICLE XI
ELECTION CONTESTS
CHAPTER ONE
ELECTION COMMITTEE REVIEW
11-101: Who Can Contest
Only a candidate for the disputed office may contest the election results for that office.
S11-102: Grounds
Only two (2) grounds may be asserted for contesting an election. The grounds are that the
Election Committee erroneously counted or failed to count ballots, which failures were of such a
magnitude that:
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a. Either the contestant is entitled to be elected to the office or
b. It is impossible to determine with mathematical certainty which candidate is
entitled to be elected to the office.
S11-103: When to Contest
Any candidate desiring to contest a tribal election for an office must do so within two (2)
business days after announcement of the certified abstract of election results.
S11-104: How To Contest
A contest can only be initiated by:
a. Timely filing with the Election Committee a verified statement setting forth the
particular grounds for the contest and
b. Depositing $250.00 in a guaranteed cashier's check or an official check with the
Election Committee to cover costs of the hearing (if the contest is successful, the
deposit shall be refunded).
S11-105: Election Committee Hearing
The Election Committee shall set a hearing of the contest no later than fourteen (14) days after
the contest is filed. Written notice of such hearing shall be mailed or delivered to each candidate
for the office contested. Any party to the election protest and the Election Committee shall have
the right to view the election ballots and records in the presence of the Election Committee
Chairman in the tribal offices. Any party to the protest or a tribal member shall be entitled to
copies of the ballots from the Court Clerk upon payment to said clerk of normal and customary
charges. Said certified copies shall be received as evidence by the Election Committee in like
manner as an original. Alternatively, the Election Committee, upon request of a party or on its
own motion, may convene a hearing for any protested election at the Tribal Court for the purpose
of reviewing the election materials. After hearing the proofs and allegations of the contestants,
the Election Committee shall make factual findings and one of the following conclusions:
a. That the contested election should be confirmed,
b. The contestant should be declared the winner of the election, or
c. The contested election should be set aside and a new election held.
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CHAPTER TWO
APPEAL
S11-201: Appeal
Any proper party to an election contest aggrieved by the findings and decisions of the Election
Committee may appeal to the Tribal Court by the proper filing of a Quo Warranto action within
the time periods established by this Ordinance.
S11-202: Time
An appeal must be filed within five (5) days of receipt of notification of the decision of the
Election Committee.
S11-203: Parties
The Election Committee and the person whose election is challenged are indispensable parties to
the appeal. Any other candidate for that office may intervene. The individual Election
Committee members are not necessary or proper parties to such action. The tribal attorney or the
designee of the Chairman of the Citizen Potawatomi Nation shall represent the Election
Committee, Legislature and/or Executive Officers, under the direction of the Tribal Chairman,
and the Court shall expedite such case so as to reach a final decision as soon as is practicable
under the circumstances.
S11-204: Relief
The Tribal Court, whose decision is final, may only:
a. Confirm the Election Committee decision,
b. Order a new election for the contested office, or
c. Reverse the Election Committee decision and order the Election Committee to
certify the election of the contestant to the office.
S11-205: Standard
Neither the Election Committee nor the Tribal Court shall invalidate any certified abstract of
election results and order a new election for an office unless clear and convincing evidence
shows that the person receiving the most votes for the contested office as shown on the certified
abstract cannot be mathematically determined to be the clear winner.
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ARTICLE XII
REFERENDUM
S12-101: General Council Resolutions
All actions taken with respect to the authority reserved to the Council by the Revised
Constitution shall be made by General Council Resolutions and shall not be final until they are
voted on in a referendum election conducted pursuant to Article 13 of the Revised Constitution.
The reserved powers of the Council is the authority to approve all actions of the Legislature that
result in (a) the appropriation and budgeting of all moneys of the Council held in trust by the
Tribe as the proceeds of any claim against the United States, (b) the sale, purchase, mortgaging,
or encumbrance of trust lands or interest therein, and (c) the approval of any settlement of treaty
claim of the Citizen Potawatomi Nation against the United States.
S12-102: Absentee Votes
All absentee votes shall be handled by the Committee in the same manner as that prescribed for
casting tribal election ballots. All absentee ballots must be distributed at least twenty (20) days
prior to any General Council Meeting and received by the Election Committee by 10:00 a.m. on
the day of any General Council Meeting. These ballots will be received for counting and
counted on the day of the General Council Meeting and the results certified to the Business
Committee. The issues to be voted on must receive a majority vote for adoption. Results of the
vote will be published in the tribal newspaper.
S12-103: Resolution Preparation
Preparation of Resolutions for referendum vote shall be by the Legislature or Executive
Committee or by provisions provided for under Article X of the Tribal Constitution.
ARTICLE XIII
SPECIAL ELECTIONS
S13-101: Election Board
When a special election is properly called, the Executive Committee by resolution shall establish
an independent election board to conduct the special election.
S13-102: Composition
The independent election board shall have the same composition as that of the Election
Committee provided herein.
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S13-103: Powers of the Election Board
The independent election board shall have the same powers and duties as set forth herein for the
Election Committee and shall have such further powers as are necessary to carry out the duties
imposed by the Tribal Constitution and By-Laws. Further, the independent election board will
have the power to establish different time periods for filing, challenges, contests and appeals, but
shall not have power to change the other substantive and procedural rules provided for herein
including, by way of example only, the eligibility to vote and the eligibility and qualifications of
a candidate.
ARTICLE XIV
VIOLATIONS
S14-101: Misdemeanor
In addition to any other penalties (civil or criminal) provided by law, any person willfully
violating the duties and obligations imposed by this ordinance is guilty of a misdemeanor and,
upon conviction, may be punished up to the maximum allowed for misdemeanors.
S14-102: Venue and Jurisdiction
The venue and jurisdiction for all violations of this Ordinance is placed exclusively in the Citizen
Potawatomi Nation Tribal Courts.
ARTICLE XV
QUO WARRANTO
S15-101: What Is Quo Warranto
Quo warranto is the name of the writ by which title to an office is resolved. It is not a substitute
for or an alternate to the election challenges or appeals provided herein before.
S15-102: Who May Seek
Only a person claiming a better right to the office may bring a quo warranto action.
S15-103: Who Is The Proper Party Defendant
The only proper party defendant is the person who holds title to the office.
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NOW, THEREFORE BE IT ORDAINED BY THE BUSINESS COMMITTEE OF THE CITIZEN
POTAWATOMI NATION, that the Election Ordinance of the Citizen Potawatomi Nation IS HEREBY
APPROVED.
CERTIFICATION
We, the undersigned members of the Business Committee of the Citizen Potawatomi Nation do hereby certify that the above is a true and exact copy of Ordinance POTT # 08-01, as approved on the 7th day of November, 2007 with 5 voting for, 0 opposed 0 absent or abstaining.
John A. Barrett, D. Wayne Trousdale,
Chairman Secretary-Treasurer
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Citizen Potawatomi Nation
Ordinance #08-02
AN AMENDMENT TO THE APPEALATE PROCEDURE OF THE CITIZEN
POTAWATOMI NATION CODES AND ORDINANCES BY THE REPEAL OF
CHAPTER TWO, EXTRAORDINARY WRITS.
WHEREAS, the Constitution of the Citizen Potawatomi Nation as approved on August
16, 2007, has enumerated the Supreme Court shall have original
jurisdiction in such cases as may be provided by law, and shall have
appellate jurisdiction in all cases; and
WHEREAS, the prior ordinance under Chapter Two of Appellate Procedure,
Extraordinary Writs, Section 201 - Mandamus or Prohibition Directed to a
Judge or Judges, Section 202 - Denial or Order Directing Answer,
Section 203 - Other Extraordinary Writs, and Section 204 - Form of
Papers, Number of Copies potentially subject the Supreme Court to
frivolous and/or abusive filings in matters unrelated to decisions of the
lower Court;, and
WHEREAS, this amendment is consistent with the intent of the government of the
Citizen Potawatomi Nation to have all matters initially litigated in the
District Court, limiting the original jurisdiction of the Supreme Court as
provided by law or the Constitution.
NOW, THEREFORE BE IT ENACTED BY THE BUSINESS COMMITTEE OF
THE CITIZEN POTAWATOMI NATION, that Chapter Two of the Citizen Potawatomi
Nation Appellate Procedure, Extraordinary Writs, Section 201, 202, 203 and 204
respectively entitled "Mandamus or Prohibition"; "Directed to a Judge or Judges"; "Denial
or Order Directing Answer"; "Other Extraordinary Writs and Form of Papers, Number of
Copies" are hereby repealed.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Business Committee of the Citizen Potawatomi Nation.
CERTIFICATION
In their respective capacities as officers of the Citizen Potawatomi Nation, the
undersigned do hereby certify that the above and foregoing ordinance is a true and
correct copy of Ordinance #08-02, as approved on the 16th day of January, 2008
with 5 voting for, 0 opposed and 0 absent or abstaining.
John A. Barrett Linda Capps
Chariman[as shown on physical] Vice Chairman
Citizen Potawatomi Nation
Ordinance # 08-03
AN ORDINANCE REPEALING ALL PREVIOUS CONFLICTING ORDINANCES
AND ENACTING THE TRIBAL CODE OF 2008 TO CONFORM TO THE
CODIFICATION SYSTEM PREVIOUSLY APPROVED BY
RESOLUTION 06-115.
WHEREAS, the Tribal Codes of the Citizen Potawatomi Nation have been
reviewed by the Court Clerk, the Chief District Judge, the Tribal
Prosecutor and the Tribal Attorney and recommended code
standardizations have been previously approved via Resolution
#06-115; and
NOW, THEREFORE BE IT ENACTED BY THE BUSINESS COMMITTEE OF
THE CITIZEN POTAWATOMI NATION, that all previous ordinances are hereby
repealed to the extent they conflict with the new codification system and that the
Tribal Court is authorized to make necessary changes and corrections to bring all
sections of the code into conformity with the approved numbering system and
correct obvious scriveners' errors.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Business Committee of the Citizen Potawatomi Nation.
CERTIFICATION
In their respective capacities as officers of the Citizen Potawatomi Nation, the
undersigned do hereby certify that the above and foregoing ordinance is a true
and correct coy of Ordinance #08-03, as approved on the 30th day of January,
2008 with 5 voting for, 0 opposed and 0 absent or abstaining.
John A. Barrett D. Wayne Trousdale
Chariman[as shown on physical] Secretary-Treasurer