All duly enrolled members of the NHBP who have or will have
attained the age of 18 years by the date of an election shall be eligible
to vote in elections governed by this code.
A.
Under Article IV, Section 4, and Article III, Section 4, of the NHBP Constitution, a member is eligible to be a candidate in a Tribal Council Election if he or she:
(1)
Is 21 years of age or older;
(2)
Possesses a high school diploma or its equivalent;
(3)
Possesses an associate's degree or higher or, in the alternative,
has three (3) years of combined work or military experience;
(4)
Has not been convicted of, or pleaded guilty or no contest to, any
felony, or any crime involving theft or fraud, violence against persons,
or a sex offense within the last eight (8) years;
(5)
Has not been sentenced to a prison term of one (1) year or longer
within the last eight (8) years;
(6)
Has not been removed or recalled from any salaried, elected, or appointed
office within the last ten (10) years, where such conduct does not
result in a conviction or plea in a court of competent jurisdiction;
(7)
Has not become a member of NHBP through the adoption procedure set forth in Article III, Section 4, of the Constitution; and
(8)
Does not have a spouse, parent, legal guardian, legal ward, child,
or sibling on the Tribal Council for any portion of the time they
would serve on Tribal Council.
B.
The burden of establishing the qualifications for candidate eligibility
is on the candidate or prospective candidate.
A.
Any member who wishes to declare his or her candidacy, or his/her
designee, shall pick up a candidacy information packet, prepared for
candidates by the Election Board, at any NHBP government office (Pine
Creek Administration Building or northern office in Grand Rapids).
A designee is required to have a notarized letter from the candidate.
Candidacy information packets shall be available thirty (30) days
before the deadline to declare candidacy.
B.
The deadline for declaring candidacy shall be 5:00 p.m. on the first
full business day of November before the next general election.
C.
Any member who fails to complete all required forms by the deadline
for declaring candidacy shall be ineligible for the next scheduled
election.
D.
A member is prohibited from using NHBP equipment or e-mail addresses
for completing and submitting the required forms.
A.
Each member shall be required to certify, by written statement, that
he or she meets all of the constitutional candidacy requirements.
B.
The Election Board shall review all candidate applications and shall
request additional evidence as required and conduct background investigations
to verify that each candidate meets the requirements in this code
and the Constitution for candidacy.
C.
The Election Board shall consult with the NHBP Enrollment Office
to verify the enrollment status of candidates and to confirm that
the candidates are qualified to hold elected office under Articles
III and IV of the Constitution.
D.
If the Election Board determines that the candidate is qualified,
it shall issue a signed certificate of candidacy to the candidate
within ten (10) days of its receipt of confirmation from the Election
Board.
E.
If the Election Board determines that the candidate is not qualified,
it shall notify the candidate within ten (10) days of its receipt
of the facts or legal grounds for his or her ineligibility.
F.
The decision of the Election Board as to whether a candidate is eligible
shall be final.
B.
The Election Board shall schedule a "Meet the Candidates Forum" to
be held in the Community Center on the Pine Creek Reservation and
such other locations as the Election Board may designate. The Election
Board shall announce the date and location of any "Meet the Candidates
Forum" by the deadline for candidates to declare their candidacy.
All certified candidates shall appear at that forum and be given an
equal amount of time to make statements and to answer questions from
the NHBP membership.
C.
The Election Board may hold the "Meet the Candidates Forum" in the
NHBP Community Center, if held after regular business hours and with
the approval of the Election Board and Chief Executive Officer. Campaign
materials may be posted and may be available for NHBP members to pick
up in the room during the candidate forum, provided that all such
materials are removed within one hour after the conclusion of the
forum.
D.
Candidates may distribute campaign materials to a mailing list of
all eligible voters by submitting their materials to the Election
Board for mailing no later than fourteen (14) business days prior
to an election. Candidates are required to pay all costs associated
with the mailing of campaign materials, including the costs of copies,
envelopes, labels, and postage. The NHBP Enrollment Office shall supply
address labels with the current mailing address of all eligible voting
NHBP members to the Election Board when requested to do so by the
Election Board. This subsection does not prohibit candidates from
mailing campaign materials to NHBP members on their own.
E.
All other forms of campaigning shall be the sole responsibility of
the candidates. No form of campaigning is prohibited unless specifically
prohibited by this code or NHBP law.
F.
Candidates, supporters of candidates, and other persons acting on
a candidate's behalf should conduct their activities in a positive
manner and in accordance with the Seven Grandfather Teachings of Wisdom,
Love, Respect, Bravery, Honesty, Humility, and Truth.
G.
No person shall make a defamatory statement about another person
in connection with a campaign for election.
H.
All campaign materials must conspicuously include the name of the
candidate or other person(s) or entities who sponsored, paid for,
or is otherwise responsible for the materials, as part of the following
endorsement:
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"[Name] endorses this message."
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I.
No campaigning of any kind may be conducted in, nor may campaign
materials be posted in, any NHBP government building, enterprise building,
or in the parking lots (including on parked vehicles), or in other
common areas (including entrances, sidewalks, and yards) of such buildings.
J.
No campaigning may take place within 100 feet of any NHBP building
serving as polling places on election day.
K.
NHBP members and candidates may engage in campaign activities, which
are not otherwise prohibited by these regulations, on property owned
by the NHBP, if the campaign activities occur within:
(1)
Residential units or residential lots leased or assigned to NHBP
members, such as apartment units (including common areas);
(2)
On lots leased or assigned to NHBP members under a NHBP-administered
rental or homeownership program; and
(3)
On church property, provided that the church grants permission to
allow campaign activities.
L.
Candidates who are NHBP employees may not engage in any campaign
activities during their assigned working hours. Candidates who are
NHBP employees may, however, campaign while on vacation or personal
time. Scheduled breaks, including lunch breaks, are considered working
hours for purposes of this restriction.
M.
Candidates, NHBP employees, and all other persons are prohibited
from using any NHBP government or enterprise property, including phones,
facsimile machines, the NHBP website, NHBP government e-mail, and
office supplies for campaign activities. Except as otherwise provided
in this section, no campaign-related material will be accepted for
publication in the NHBP Newsletter.
N.
NHBP employees and elected representatives are prohibited from using
their official positions or access to obtain mailing addresses and
e-mail addresses of NHBP members for the purpose of distributing campaign
materials. No candidate or candidate supporter may knowingly distribute
campaign materials in physical or electronic form to addresses that
have been obtained in violation of this subsection.
O.
Tribal Council members are prohibited from campaigning for or against
any candidate or ballot initiative while engaging in official NHBP
business, while appearing in an official capacity, or in the NHBP
Newsletter or other mailing subsidized by NHBP funds. This subsection
is not intended to prevent a Tribal Council member from campaigning
on the Tribal Council member's personal time and using the Tribal
Council member's personal funds.
P.
Candidates or other persons with questions about campaigning may
seek a determination from the Election Board regarding the permissibility
of such activities by submitting a written request to the Election
Board. The Election Board or its designee shall respond to such requests
within fourteen (14) days of the request.
A.
In keeping with the Seven Grandfather Teachings, MnoBmadzewen and
the notion that the Anishinaabe people should live a balanced life
within the community, the Election Board has determined that certain
restrictions on campaign donations and contributors are necessary
in order to protect and maintain the integrity of the election process
and prevent undue outside influence from nonmembers.
B.
Candidates may solicit and accept campaign contributions from members,
provided they are fully and timely disclosed on an appropriate disclosure
statement.
C.
Candidates may not solicit or accept contributions from nonmembers,
unless those individuals are related by blood or marriage to the candidate,
provided they are fully and timely disclosed on an appropriate disclosure
statement.
D.
No person who is not a member of the NHBP, or related by blood or
marriage to the candidate, may make a contribution or donation of
money, in-kind services, or other thing of value to a candidate, or
make an express or implied promise to make such a contribution or
donation, in connection with an election.
E.
Candidates shall file both a preliminary and a final disclosure statement.
Both forms will be provided by the Election Board.
(1)
For any monetary contribution from a member, the disclosure statement
shall state the contribution amount and the name of the donor.
(2)
For any monetary contribution from a nonmember, the disclosure statement
shall state the contribution amount, the name of the donor, and the
donor's relationship to the candidate.
(3)
For any in-kind donation from a member, the disclosure statement
shall state the estimated value of the in-kind donation, the name
of the donor, and a description of the service.
(4)
For any in-kind donation from a nonmember, the disclosure statement
shall state the estimated value of the in-kind donation, the name
of the donor, the donor's relationship to the candidate, and
a description of the service.
F.
A candidate's preliminary disclosure statement, disclosing all
contributions received up until twenty-one (21) business days before
the election, shall be filed with the Election Board no later than
fourteen (14) business days before the general election.
G.
A candidate's final disclosure statement, disclosing all contributions
received in connection with the campaign, shall be filed with the
Election Board within five (5) business days after the date of the
general election.
H.
If a candidate did not receive any contributions, his or her disclosure
statement may state, "No campaign contributions received."
I.
Any candidate who fails to file the preliminary or final disclosure
statement within the time period set forth in this section will be
assessed a fine of $25 per day for each day the statement is late.
In addition:
(1)
Any candidate who fails to file a timely preliminary disclosure statement
within five (5) business days of the general election may be subject
to further penalty to be determined by the Election Board, up to and
including removal from the ballot.
(2)
Any prevailing candidate who fails to file a timely final disclosure
statement shall be prohibited from taking the oath of office until
the required report is filed with the Election Board.
J.
Any alleged violations of campaign requirements shall be resolved
by the Election Board in accordance with the procedure established
by this code to resolve election disputes.
