Nottawaseppi Huron Band of the Potawatomi, MI Article IX Election Challenges

§ 3.1-28 Challenge procedure.

A. An election challenge is a dispute that directly challenges the integrity or accuracy of the outcome of an election, based on a violation of this code or tribal law, and seeks a new election.

B. No election challenge may be brought over an Election Board determination to grant or deny a certificate of candidacy.

C. Any eligible voter may file an election challenge and seek a new election.

D. The challenge must be presented to the Band's Election Board within fourteen (14) calendar days following election day.

E. In all cases, the challenger shall have the burden of proving, by clear and convincing evidence, that:

(1) The challenged conduct violates one or more provisions of this code or tribal law; and

(2) That violation has affected the fairness and integrity of the election process to such an extent that it calls into question the outcome of the election.

F. The Election Board shall provide a response to the election challenge within fourteen (14) calendar days of receiving the challenge. If the Election Board reasonably believes the election challenge may have merit, the Board shall schedule and conduct a hearing on the election challenge.

G. The Election Board has the authority to investigate any challenge presented to it, including by reviewing relevant evidence and taking testimony. The Election Board shall not make assumptions or decisions based on hearsay alone.

H. All hearings shall be on the record and shall be promptly transcribed by an official reporter.

§ 3.1-29 Resolution of election challenges.

A. Within fourteen (14) calendar days of the hearing on the election challenge, the Election Board shall render a decision by a majority vote of the Election Board at a meeting at which a quorum is present. The Chair shall provide notice of the decision to the Tribal Council and the affected candidates.

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. If there is a tie vote of the Election Board, the challenge shall be considered denied.

D. No member of the Election Board who is a party to the election challenge or has a spouse, parent, child or sibling who is a party to an election challenge may participate in the deliberations or vote on the challenge as an Election Board member.

E. Should the challenge be upheld, a reelection will take place within sixty (60) days of the Election Board's decision. The slate of candidates shall be the same as the original election, except that any candidates who were duly elected in the original election and not affected by, or subject to, the challenge shall be considered elected and need not stand for reelection.

F. The party who filed the election challenge 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.