A. 
An election dispute is a dispute, other than an election challenge or a dispute over a final decision of the Election Board, that involves an alleged or proven civil or criminal violation of the Election Code or other violation of NHBP law related to a campaign.
B. 
Any eligible voter may register an election dispute with the Election Board within 10 days of the date the alleged Election Code violation took place. The election dispute may be registered on the form provided by the Election Board, accessible from the NHBP website, and at the NHBP administrative offices located on the Pine Creek Reservation and in Grand Rapids.
C. 
The Election Board shall log each election dispute, and investigate any incident it reasonably believes constitutes a material violation of the Election Code, either on its own initiative or after a timely election dispute is registered by an eligible voter. The Election Board shall provide a response to the eligible voter who registered the election dispute within fourteen (14) calendar days of receiving the election dispute complaint.
D. 
If the Election Board reasonably believes that a candidate or other member materially violated the Election Code, the Election Board may publicly lodge an election dispute complaint and provide notice of the same to the accused person. No election dispute complaint, however, shall be lodged more than ten (10) days after the election to which the election dispute complaint relates.
E. 
After lodging an election dispute complaint, and upon at least fourteen (14) days' notice, the Election Board shall schedule a hearing to determine whether the accused person violated the Election Code or other NHBP law related to a campaign.
F. 
The Election Board shall provide every opportunity to allow the accused person to appear at the hearing at a mutually agreeable time. If the accused person is unable or unwilling to appear in a timely manner, the Election Board shall hold the hearing without the participation of the accused person.
G. 
All hearings shall be on the record and shall be promptly transcribed by an official reporter.
H. 
The accused person is entitled to counsel of his or her choice, who shall be paid for at his or her own expense. The accused person shall be entitled to present evidence and to examine all witnesses under oath.
I. 
The Election Board shall designate one or more individuals to act as counsel on behalf of the Election Board to investigate the alleged violation and, if necessary, to prosecute the election dispute complaint at the hearing. The Election Board's designee shall have the power to present evidence and to examine all witnesses under oath.
J. 
The hearing shall be conducted by the Election Board and the Board's designee, even in cases that are initiated by an eligible voter registering an election dispute with the Board. In such cases, the eligible voter who filed the election dispute will ordinarily be expected to appear as a witness.
A. 
Following the hearing, the Election Board shall deliberate. Absent exceptional circumstances to be determined by the Board, the Board shall issue a written decision no later than fourteen (14) calendar days following the hearing.
B. 
The decision shall be in writing and shall specifically identify the findings of fact and conclusions of law the Board relied on in making its decision.
C. 
Factors affecting decision.
(1) 
The decision shall take into account the following considerations:
(a) 
The nature of the infraction;
(b) 
Whether the Election Board has sanctioned the person for similar conduct or violations;
(c) 
Whether the conduct is proscribed by NHBP criminal law;
(d) 
Whether the conduct was intentional or knowing;
(e) 
The extent to which the violation impacts the integrity of the election; and
(f) 
Any other relevant considerations.
(2) 
Where there is ambiguity in proscribed NHBP law, MnoBmadzewen principles of Potawatomi customary law shall also inform the Election Board's analysis and resolution of the election dispute.
D. 
Any penalty imposed by the Election Board must be no more onerous than reasonably required to remedy the harm resulting from the violation or deter future similar conduct. Potential penalties may include any of the following:
(1) 
Public censure of the offending person;
(2) 
An order requiring removal of all campaign materials posted or distributed in violation of this code;
(3) 
A civil penalty of not less than $25 nor more than $250 per violation; or
(4) 
Removal of a candidate's name from the ballot, but only if the violation involved an intentional or knowing violation of the code by the candidate himself or herself that caused irreparable harm to the integrity of the election process.
E. 
The accused person may request reconsideration of the Election Board's decision on the grounds of procedural error. A request for reconsideration must be delivered to the Election Board within five (5) business days and must include all supporting documents and information. The Election Board shall issue a written decision on the request for reconsideration within five (5) business days. The decision of the Election Board shall be final.