[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
Every elected official of the Tribe is subject to recall by the voters
of the Tribe.
(b)
A petition shall not be filed against an official until the official
has actually performed the duties of the office to which elected for
a period of one year during the current term of that office.
(c)
An official sought to be recalled shall continue to perform duties
of the office until the result of the recall election is certified.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
The size of the recall petition shall be 8 1/2 inches by 13
inches. On a recall petition, the words "recall petition" shall be
in twenty-four-point boldface type; "we, the undersigned," et cetera
shall be printed in eight-point type; "warning" and language in the
warning shall be in twelve-point boldface type; and the balance of
the petition shall be in eight-point type. The name of the official
and his/her office whose recall is being sought shall be in type not
larger than twenty-four-point. The petition shall be in the following
form:
 |
(1)
The circulator of a petition shall be a qualified and registered
voter of the Grand Traverse Band.
(2)
The circulator of the petition shall sign and date the certificate
of circulator only after all voters' signatures appearing on the petition
on the date of filing have been obtained. Signatures which were obtained
after the date the circulator signs the certificate or are contained
in a petition which the circulator does not sign and date shall not
count. A circulator may sign the main body of the petition prior to
certifying the petition circulator may sign the main body of the petition
prior to certifying the petition.
(3)
The invalidity of one or more signatures on a petition shall
not affect the validity of the remainder of the signatures on the
petition.
(4)
A person shall not sign more than one recall petition per official
whose recall is sought.
(5)
A person who signs a petition with a name other than his or
her own is guilty of a misdemeanor subject to a $100 fine and/or 90
days in jail.
(6)
A person who knowingly makes a false statement in a certificate
on a petition, a person not a circulator who signs as a circulator,
or a person who signs a name as circulator other than his or her own
is guilty of a misdemeanor, subject to a $100 fine and/or 90 days
in jail.
(7)
A person who aids or abets another in an act which is prohibited
by this section is guilty of a misdemeanor subject to a fine of $100
and/or 90 days in jail.
(b)
Before being circulated, a petition for recall of an official shall
be submitted to the election board.
(c)
The election board, not less than 10 days after submission to it
of a petition for recall, shall meet and shall determine whether the
reasons for recall stated in the petition are or are not of sufficient
clarity to enable the course of conduct which is the basis for the
recall. Failure of the election board to comply with this subsection
shall constitute a determination that the reasons for recall stated
in the petitions are of sufficient clarity to enable the official
whose recall is being sought and the voters to identify the course
of conduct which is the basis for the recall.
(d)
The election board shall notify, not later than 24 hours after receipt
of a petition for recall, the official whose recall is being sought
of the reasons stated in the petition for recall, and of the date
of the meeting of the election board to consider these reasons.
(e)
Upon notification of the reason or reasons for recall by the election
board, the official whose recall is sought and the sponsors of the
petition may appear at the meeting and present arguments on the clarity
of the reason or reasons.
(f)
If reasons for recall are determined to be unclear and the sponsors
and the official and the election board are not able to formulate
a clear reason, the process shall be terminated.
(g)
If the reasons of the recall are determined to be clear following
a meeting of the election board, the sponsors of the recall shall
have 60 days to file the recall petitions with the Tribal enrollment
clerk.
(h)
The Tribal enrollment clerk shall be the filing official for the
election board on recall matters. Notice to the clerk shall be deemed
to be notice to the election board. The clerk shall stamp each filing
with the date and time of filing and furnish the person filing with
a receipt.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
The petitions shall be signed by registered and qualified voters
equal to not less than 25% of the number of votes cast for candidates
for the Tribal Council at the last preceding general Tribal election.
(b)
Upon written demand, the election board, within five days, shall
certify the minimum number of signatures required for the recall of
an official.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
A person circulating a petition shall be a qualified and registered
voter and shall attach thereto his or her certificate stating that
he or she is a qualified Tribal voter and shall state the city or
the county wherein he or she resides and his or her post office address;
further, that signatures appearing upon the petition were not obtained
through fraud, deceit, or misrepresentation and that he or she has
neither caused nor permitted a person to sign the petition more than
once and has no knowledge of a person signing the petition more than
once; that all signatures to the petition were affixed in his or her
presence; and to his or her knowledge, information, and belief, the
signers of the petition are qualified and registered voters and the
signatures appearing thereon are the genuine signatures of the persons
whom they purport to be.
(b)
A person who knowingly makes a false statement in the certificate
here required is guilty of a misdemeanor punishable by a fine of $100
and/or 90 days in jail.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
A petition sheet shall contain only the signatures of qualified and
registered Tribal voters.
(b)
A qualified and registered Tribal voter may sign the petition sheet
in any location at which the petition sheet is available.
(c)
A petition is not invalid if it contains the signature of a person
who is not a qualified and registered Tribal voter.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
A circulated recall petition shall be filed with the clerk of the
election board.
(b)
The clerk shall give a receipt showing the date of filing, the number
of petition sheets filed and the number of signatures claimed by the
filer.
(c)
This shall constitute the total filing and additional petition sheets
for this filing shall not be accepted.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
Not later than the business day following the filing of a recall
petition with the election board, the board shall notify in writing
the official whose recall is sought, that the recall petition(s) has
been filed. Copies of the petitions shall be made available to the
official who is the subject of the petition and to Tribal members.
(b)
An official whose recall is sought may challenge the validity of
a signature or the registration of a voter whose name appears upon
a recall petition. A challenge shall be in writing, specifying the
challenged signature, and shall be delivered to the election board
within five days after the filing of the petitions.
(c)
A challenged signature shall be compared with the signature on the
original registration record.
(d)
Disputes over the validity of signatures and sufficiency of the petitions
shall be decided by the election board whose decision shall be final
and conclusive.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
The reason for demanding the recall of the official as set forth
in the petition shall be printed on the recall ballot used at the
election in not more than 200 words.
(1)
The statement of reasons set forth in the petition shall contain
more than 200 words, then the statement shall be condensed by the
sponsor of the petition for use on the ballot.
(2)
If the sponsor fails to furnish the condensed statement within
48 hours following written demand, then the statement shall be condensed
by the election board.
(b)
The election board, in preparing the ballot, shall provide in writing
to the official whose recall is sought the statement of reason which
shall appear on the ballot.
(1)
The official whose recall is sought, in not more than 200 words,
may submit a justification of conduct in office.
(2)
The justification shall be submitted to the election board within
72 hours after receipt of the notification.
(3)
If submitted in the prescribed time, the justification shall
be printed on the ballot.
(c)
The statement "Vote no on the recall" or "Vote yes on the recall"
or words of similar import shall not be permitted on the ballot. A
part of the reason for demanding the recall of the official or the
official's justification of conduct in office shall not be emphasized
by italics, underscoring, or in any other manner.
(d)
There shall be printed on the recall ballot the following question:
Shall (Name the person against whom the recall petition is filed)
be recalled from the office of (title of the office)?
(1)
Printed below the question in separate lines in easily legible
type shall be the words "Yes _____" and "No _____".
(2)
The procedure governing the election on the question of the
recall of an official shall be the same, so far as possible and unless
otherwise provided in this act, as that by which the official is elected
to office.
(3)
The election board shall give public notice, cause the ballots
to be printed, provide election supplies and do all things necessary
to conduct the election in the manner provided in this act.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
The election board shall conduct the canvass of the recall election.
(b)
If the election board determines that a majority of the votes are
in favor of recall, the board shall immediately certify the results.
(c)
Upon certification, the office is vacant.
(d)
The election board shall immediately inform the official who was
recalled of the results and date and time of certification.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
After filing such recall petition and after such special election,
no further recall petition shall be filed against the same incumbent
of such office during the term for which he or she is elected unless
such further petitioners shall first pay into the Tribal treasury
the whole amount of election expenses for the preceding special election
held for the recall of said incumbent.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
Upon the filing of the certificate of the election board showing
the recall of the official as herein provided, the office of any recalled
Tribal Council member shall automatically be deemed to be vacant.
(b)
A vacancy in the office of Tribal Chairperson shall be filled by
a special election for the balance of the unexpired term.
(c)
Any other vacancies in the Tribal Council shall be filled until the
next regularly-scheduled election of Tribal Council members in the
following manner:
(1)
The first three vacancies occurring between regularly-scheduled
elections of Tribal Council members shall be filled by Tribal Council
appointment.
(2)
Further vacancies occurring between regularly-scheduled elections
of Tribal Council members shall be filled by a special election only;
and
(3)
The filling of vacancies and the terms of service of those who
fill vacancies shall maintain the integrity of the staggered election
process mandated by the GTB Tribal Constitution.
(d)
Any Tribal Council member who is serving office by appointment shall
only serve until the next regularly-scheduled election for Tribal
Council members.
(e)
Any Tribal Council member taking office under this provision shall
be deemed to be subject to all provisions of the GTB Tribal Constitution
and to Tribal ordinances and resolutions generally applicable to elected
officials and to their particular office.
(f)
Any special election required to be held under the Recall Ordinance
shall be conducted in accordance with applicable provisions of the
GTB Constitution and with any applicable Tribal ordinance. If a regular
election is scheduled to be held within the time permitted to hold
a special election, all issues shall be submitted to a vote at the
regular election.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
If the recall was successful, the election board shall within
five days of certification schedule a special election.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
(a)
An official who was recalled shall not be a candidate to fill the
vacancy created by the recall nor be appointed to fill a vacancy during
the term of office from which the official was recalled.
(b)
An official who has resigned subsequent to the filing of a recall
petition shall not be appointed to fill a vacancy in elected office
during the term of the office from which the official resigned.
(c)
If an official resigns subsequent to the filing of petitions to recall
that official from office, it shall not be necessary for the election
board to proceed further.
(d)
If an official whose recall is sought resigns after the calling of
a recall election, the election shall not be held.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
The candidate receiving the highest number of votes for the
vacancy created on such recall should be considered duly elected for
the remainder of the term.
[History: Recall of Elected Officials Ordinance, adopted
by motion by Tribal Council on April 21, 1992.]
This act shall become effective April 21, 1992.
