Nottawaseppi Huron Band of the Potawatomi, MI Article III Election Board

§ 3.1-11 Appointment and term.

A. The Tribal Council shall appoint an Election Board every three (3) years; provided that appointments to the Board shall be made in a manner that staggers the term of office for any position on the Election Board so that the terms of no more than two (2) Election Board members, not including alternates, terminate in any single calendar year. The appointments shall be made in September of the year that elections are not being held. Members of the Election Board may only be removed by the Tribal Council for cause.

B. The Election Board shall consist of five (5) Election Board members and two (2) alternates, all of whom must be members and eligible voters.

C. Budget and Compensation. The Election Board shall prepare an annual budget proposal for approval by the Tribal Council. The budget shall include amounts needed to cover all costs and expenses associated with the activities of the Election Board. Election Board members and alternates shall each receive a stipend at a monthly rate that is commensurate with duties and responsibilities of the Election Board. In recognition of the fact that the Chairperson of the Election Board has additional duties and responsibilities associated with coordinating the meetings and election activities for which the Election Board is responsible, the monthly stipend of the Chairperson may be set at a higher level.

D. The Election Board members shall select a Chair, Vice Chair, and a Secretary amongst themselves.

E. Except as provided in Subsection A above, Election Board members shall serve for a term of three (3) years or until a successor is selected and appointed by the Tribal Council. Board members may be appointed for successive terms.

F. Any Board member who resigns, is removed, or is unable to serve will be replaced by the Tribal Council. The alternate Board members shall ordinarily be given the first opportunity to take the vacated seats. Should the alternate decline, the Tribal Council shall attempt to recruit or designate a replacement within thirty (30) days after the vacancy occurs. If, however, a quorum is needed to take action on any matter that requires action or approval by the Election Board before a vacancy can be filled, one (1) or both alternate Election Board members shall automatically be "deemed appointed" to temporarily serve as a voting member of the Election Board until an individual is formally appointed by the Tribal Council to fill the vacant seat.

G. Any Election Board member who becomes a candidate for Tribal Council shall immediately resign from the Election Board.

§ 3.1-12 Officers and duties.

A. Chair. The Chair of the Election Board shall:

(1) Schedule all meetings of the Election Board as needed;

(2) Provide notice of all meetings to all Election Board members and alternates;

(3) Preside at all Election Board meetings;

(4) Supervise the publication of the initial notice of election and final notice of election;

(5) Maintain a list of the absentee ballot information;

(6) Prepare a tally sheet to be used at the election; and

(7) Along with the Secretary, cosign the certification of the election results.

B. Vice Chair. The Vice Chair shall:

(1) Assist the Chair as called upon;

(2) Preside over Election Board meetings in the absence of the Chair; and

(3) Act temporarily in the role of Chair whenever the Chair is absent or unavailable.

C. Secretary. The Secretary shall:

(1) Assist the Chair as called upon;

(2) Keep minutes of all Election Board meetings;

(3) Develop the agenda of the Election Board;

(4) Maintain all records of the Election Board; and

(5) Along with the Chair, cosign the certification of the election results.

D. Alternates. The alternates shall:

(1) Serve as a replacement for any Election Board member who resigns, is removed, or is otherwise unable to serve.

(2) Assist the Election Board, as needed, with election day and preelection day activities.

§ 3.1-13 Board duties.

A. The Election Board shall carry out its duties in compliance with Article V of the NHBP Constitution, this code, and any additional duties prescribed by the Tribal Council. These duties shall include the following, without limitation:

(1) To publish and post notice of all general and special elections for seats on the Tribal Council, referendum or initiative proposals, recalls, and constitutional amendments;

(2) To prepare both regular and absentee ballots;

(3) To compile a list of eligible voters before the polls open from the Enrollment Office;

(4) To supervise activity at the polls;

(5) To certify the eligibility of candidates for Tribal Council in general and special elections and appointments in the event of vacancies and to resolve disputes concerning any candidate's eligibility;

(6) To verify the eligibility of every person who wishes to vote and to supervise the distribution of one ballot to each eligible voter at the polls;

(7) To keep records of persons who vote and of the number of ballots distributed and cast at an election;

(8) To resolve any disputes that may arise at the polls regarding a person's eligibility to vote or balloting procedure;

(9) To count and validate ballots and record the number of votes cast for each candidate or for each option on the ballot;

(10) To announce the preliminary results of an election;

(11) To hear and decide any election disputes and challenges;

(12) To investigate and resolve any complaints for violation of this code;

(13) To certify the results of all elections; and

(14) To recommend to the Tribal Council any supplemental rules or changes in this code which the Board believes are necessary to achieve the purpose of this code.

B. The Election Board may use the services of an independent third party, such as a certified public accounting firm or election-services contractor, to assist the Election Board in carrying out any of the duties assigned to the Board.

C. The Election Board may, by majority vote, request that the Tribal Council initiate a procedure for the removal of a Board member, and the Tribal Council may, on its own initiative, initiate a removal procedure for any member of the Board by voting to initiate removal proceedings by simple majority of the Tribal Council for any of the following reasons:

(1) Nonfeasance, including the persistent failure to perform the duties of the office, including failure to attend a significant number of meetings;

(2) Misfeasance, including any substantial or repeated failure to exercise authority or discharge responsibilities in conformity with this Election Code or the NHBP Constitution;

(3) Malfeasance, including:

(a) A conviction or a plea of guilty or nolo contendre regarding any felony criminal offense or any other criminal offense involving dishonesty or moral turpitude;

(b) A substantial violation of the code of ethics; or

(c) Misconduct in office that threatens the integrity or public image of the Board; and

(4) Physical or mental disability which prevents the performance of duties.

D. If the Tribal Council has reason to believe that cause for removal of a Board member exists and initiates a removal procedure for any member of the Board, the Tribal Council shall notify the Board member of the time and place for a hearing before the Tribal Council. The notice shall also fully describe the purpose for the hearing and all claims and allegations to be addressed at the hearing. The notice shall afford the Board member subject to removal not less than fourteen (14) business days to prepare for the hearing.

E. The Board member shall be entitled to present evidence and to examine all witnesses under oath. The Board member is entitled to counsel of his or her choice, who shall be paid for at his or her own expense. After the hearing, the Tribal Council may remove a member of the Election Board only after the Tribal Council determines, by majority vote, that the member is no longer fit to continue serving on the Election Board. The Tribal Council shall issue a final decision no later than seven (7) calendar days following the hearing. The decision shall be in writing and shall specifically identify the findings of fact and conclusions of law the Tribal Council relied on in making its decision. The decision of the Tribal Council is final and the Board member may seek judicial review in NHBP Court.