This chapter shall be titled "Legislature Elections."
The purpose of this chapter is to set the dates for regular
and special Legislature elections, set the open and close times for
election polls, and to establish the process by which the Commission
will tally election results, and for other purposes.
This chapter is established by the Legislature pursuant to the
authority granted to it by Article VI, Section 8, of the Menominee
Constitution and Bylaws.
For the purpose of this chapter, the following words and terms
shall have the following meanings:
ABSENTEE BALLOT
A ballot cast by an elector who is unable to cast a regular
ballot at an election poll on the date and at the time specified in
this chapter.
ABSENTEE ELECTOR
An elector who is deemed eligible by the Commission to file
an absentee ballot.
COMMISSION
The Election Commission, which is a three-member body established
by Article VI, Section 5, of the Constitution and is responsible for
enforcing election laws adopted by the Legislature.
ELECTION POLL
Any one of the locations where members cast their official
ballots in the presence of the Commission.
ELECTOR
A member who will be 18 years of age or older at the time
of a primary, main or special election.
LEGISLATOR
A member of the Menominee Tribal Legislature.
MAJOR CRIME
Any crime included in 18 U.S.C. § 1153 and any
equivalent crime defined under any state law.
TRIBAL MEMBER
A person whose name appears on the official tribal roll of
the Tribe.
TRIBE
The Menominee Indian Tribe of Wisconsin.
Proxy and cumulative voting is not permitted in any tribal election
pursuant to Article VI, Section 2, of the Constitution.
The election milestones in this chapter shall take place on
the dates and at the times specified in the following tabular summary.
In accordance with Bylaw IV of the Constitution, every newly elected Legislator shall take the following Oath of Office on the date and at the time provided for in §
63-17 of this chapter: "I, __________, do hereby solemnly swear that I will support and defend the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, that I will carry out faithfully and impartially the duties of my office to the best of my ability; and that I will promote and protect the best interests of the people of the Menominee Indian Tribe of Wisconsin."
The Commission shall organize and store all ballots, requests
for ballots, reports, correspondence, notices, and any other information
received or submitted on an election for a period of one year from
the date of the election. After this period, all records shall be
discarded or destroyed in whatever manner the Commission deems necessary.
It shall be a violation of this chapter, punishable as provided
herein, for any person subject to the jurisdiction of the Tribe to
commit the following acts:
A. Failure to personally circulate nomination petition. Any person who
fails to personally circulate his or her own nomination petition shall,
upon conviction, forfeit $50 for each violation.
B. Unlawful campaign postings.
(1) Any person who screws, nails, staples, or otherwise affixes a poster,
sign, banner, or other campaign notice to any standing green timber
shall, upon conviction, forfeit $50 for each violation.
(2) Any person who fails to remove his/her poster, sign, banner, or other
campaign notice within four months of the main election in January
shall, upon conviction, forfeit $50 for each such poster, sign, banner,
or other campaign notice that is not removed.
C. Destruction of certain campaign advertisements. Any person who mutilates,
defaces, or destroys another candidate's signs, posters, banners,
or billboards shall, upon conviction, forfeit $50 for each violation.
D. Unlawful soliciting of votes before election day. Any person who,
prior to the day of an election, provides an elector any money, an
alcoholic beverage, or any good or service in excess of $10, in exchange
for the elector's vote, shall, upon conviction, forfeit $50 for each
violation.
E. Unlawful soliciting of votes on election day. Any person who, on
the day of an election, provides an elector any money, an alcoholic
beverage, or any good or service, including transportation services,
in exchange for the elector's vote, shall, upon conviction, forfeit
$50 for each violation.
F. Unlawful distribution of campaign propaganda. Any person who distributes
any tribal election campaign literature, brochures, fliers or other
type of propaganda to, from or on an intranet, website, or e-mail
server owned or operated by the Tribe or one of its chartered entities
shall, upon conviction, forfeit not less than $500 nor more than $1,000
for each violation.
G. Unlawful electioneering. Any person who attempts to persuade electors
to vote in a certain way, either passively or actively, within 100
yards of a polling place on the date and during the time of an election
shall, upon conviction, forfeit $50.
H. Failure to disclose campaign funds. Any person who fails to disclose
to the Commission any funds he or she received that are required to
be disclosed to the Commission, or who fails to make such disclosure
within the disclosure time frame, shall, upon conviction, forfeit
$300.
I. Copying or altering an official ballot. Any person who copies or
in any way tampers with an official ballot in order to alter the outcome
of an election shall, upon conviction, be fined $500 and sentenced
to 30 days in jail.
J. Misrepresenting one's own identity to obtain an absentee ballot.
Any person who misrepresents his or her own identity in order to obtain
an absentee ballot shall, upon conviction, be fined $1,000 and be
sentenced to 90 days in jail.
K. Misrepresenting one's own identity at the election polls. Any person
who misrepresents his or her own identity at the election polls in
order to cast a vote at the election poll shall, upon conviction,
be fined not less than $1,000 nor more than $5,000 and be sentenced
to not less than three months in jail nor more than one year in jail.
L. Ballot theft. Any person who steals another person's ballot shall,
upon conviction, be fined $5,000 and sentenced to one year in jail.
This chapter and this section shall be enforced by the Commission
and the Menominee Tribal Police Department. The Menominee Tribal Police
Department shall notify the Commission of any charges filed for violation
of this chapter and the disposition of those charges.
Ordinance No. 79-20, entitled "Legislature Elections," is hereby
repealed in its entirety. Any reference in any law, regulation, or
other document of the Tribe to Ordinance No. 79-20 is hereby deemed
to be a reference to this document.