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.
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.
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.