The following law shall be known as the "Nottawaseppi Huron
Band of the Potawatomi (NHBP) Tribal Election Code" (code).
B.
Unless otherwise specified, all NHBP elections are subject to the
same rules as Tribal Council elections.
D.
The NHBP membership, including current elected officials, candidates,
voters, and other persons participating in the election process, shall
also be guided by the Seven Grandfather Teachings and MnoBmadzewen
in performing any activities.
The Tribal Council hereby promulgates this code under the authority delegated to it by Article V, Section 2(b), of the NHBP Constitution. The code sets forth the rules and regulations the Election Board deems necessary to properly conduct both regularly scheduled and special elections pursuant to the NHBP Constitution.
As used in this chapter, the following terms shall have the
meanings indicated:
A ballot used by an eligible voter to cast a vote in a NHBP
election from a location other than at the officially established
polling location or locations on election day. This document is mailed
to all eligible voters at each voter's address on record with
the NHBP Enrollment Office, and must be returned by the eligible voter
and received by the Election Board no later than 5:00 p.m. one (1)
business day before the election day.
The Nottawaseppi Huron Band of the Potawatomi.
Monday, Tuesday, Wednesday, Thursday, and Friday, excluding
recognized federal or NHBP holidays on which the NHBP government is
closed.
Every day in a month, including weekends and United States
and NHBP holidays. When the term "day" is used without specifying
calendar or business day, it shall mean "calendar day."
A concerted, organized effort or group of activities in support
of, or opposition to, a candidate or prospective candidate for election,
a referendum, an initiative, a constitutional amendment, or a recall.
Any document, brochure, advertisement, poster, flier, mailer,
yard sign, sticker, button, website, or other material that is intended
to promote or oppose a particular candidate (including prospective
candidates) or group of candidates for an NHBP election.
Organized, concerted, or regular activities taken in connection
with a campaign, such as canvassing voters, giving speeches or presentations
to groups of voters, and all other activities which may reasonably
be considered as intending to persuade voters.
A petitioner or nominee for an elected position whose name
is placed on the ballot by the Election Board after successful application,
or someone who seeks to become a candidate.
The NHBP Constitution.
A monetary or in-kind donation to a campaign.
A materially false statement made with knowledge of its falsity
or reckless disregard for its truth.
An NHBP general or special election.
Comprises five eligible voters of the NHBP who are not Tribal Council members and who are appointed by the Tribal Council pursuant to Article V, Section 2(a), of the Constitution.
An individual appointed by the Election Board responsible
for assisting the Election Board in carrying out certain clerical
and ministerial tasks associated with conducting an election.
A dispute that directly challenges the integrity or accuracy
of the outcome of an election, based on a violation of this code or
NHBP law, and seeks a new election.
A dispute, other than an election challenge, that involves
an alleged or proven civil or criminal violation of the Election Code
or other violation of NHBP law related to a campaign.
A document that the Election Board lodges against a person
accused of committing a civil or criminal violation of the Election
Code or other violation of NHBP law related to a campaign, and that
is investigated and prosecuted at a hearing before the Election Board.
A duly enrolled member who has or will have attained the
age of 18 years on the date of an election.
The functional department within the NHBP government with
administrative responsibility for maintaining the records relating
to enrollment.
A form disclosing final campaign contribution numbers that
is filed with the Election Board within five (5) business days after
the date of the general election.
A regularly scheduled election, held once every two (2) years
in the month of April in conjunction with the annual meeting of the
General Membership, to fill vacant or expiring Tribal Council seats.
A contribution that includes any item or personal service
donated by a member in support of a particular candidate or slate
of candidates, including, without limitation, paper or stamps for
mailing, hosting space or food charges for a fund-raising event, or
public relations and campaign consulting advice.
A process by which voters may petition Tribal Council for
enactment of a proposed resolution, statute, or other action permitted
under the NHBP Constitution.
A petition that contains signatures and attaches a proposed
resolution, statute, or other action that a member submits to the
Election Board for Tribal Council or membership consideration.
Includes:
A person meeting the requirements of the Enrollment Code and named on the membership roll pursuant to Article III of the NHBP Constitution.
All of the NHBP members.
Includes any substantial or repeated failure to exercise
authority or discharge responsibilities in conformity with this Election
Code or the NHBP Constitution.
Employees of the NHBP government or other NHBP enterprises,
including the FireKeepers Hotel and Casino.
The Turtle Press or other current NHBP newsletter of general
circulation.
Includes the persistent failure to perform the duties of
the office, including failure to attend a significant number of meetings.
A form filed with the Election Board disclosing all campaign
contributions received up to twenty-one (21) business days before
the date of the general election, and filed with the Election Board
no later than fourteen (14) business days before the date of the election.
An election held before a general or special election, in
which all or some eligible voters take part that narrows down a field
of candidates for Tribal Council and restricts the freedom of NHBP
voters to vote for the candidate or candidates of their choice.
A process by which the Tribal Council may present to the
membership any proposed statute or resolution for enactment by majority
vote of the eligible voters.
A unit or lot leased or assigned to NHBP members, such as
apartment units (including common areas) and/or lots leased or assigned
to NHBP members under a NHBP-administrated rental or homeownership
program.
The custom and traditional teachings of the NHBP people that
are to guide individual members, the Election Board and the NHBP government
as a whole: Wisdom, Love, Respect, Bravery, Honesty, Humility, and
Truth.
An election, other than a regularly scheduled general election,
to vote on:
Any ballot that is torn, damaged, mismarked, unreadable,
invalid, or that is otherwise deemed to violate the ballot instructions
or NHBP law.
A building or other real property owned by the NHBP or a
NHBP-chartered business entity (owned now or in the future), including
the FireKeepers Hotel and Casino.
Any building or structure housing the office of any NHBP
government employee, or at which NHBP government or community meetings
are held, NHBP government program activities are conducted, or NHBP
member services are delivered.
